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HomeMy WebLinkAbout20062692 • • RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4491 -SHELF OF GREELEY SEVEN, LLC, C/O THE BELL 5 LAND COMPANY 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 #4491, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#4491 was submitted by Shelf of Greeley Seven, LLC, P.O. Box 645, Weldona, Colorado 80653, do The Bell 5 Land Company, 710 11th Avenue, Greeley, Colorado 80631, Attn: Kirk Goble, for property which is located in part on the following described real estate, to-wit: Lot A of Recorded Exemption#238; being part of the S1/2 NW1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 67 acres and 5 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 #4491 by Shelf of Greeley Seven, LLC, do The Bell 5 Land Company, is approved conditional upon the following: 1. A Weld County Septic Permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it positively to manage on-site soils. 3. Prior to recording the plat: 2006-2692 RE4491 AL. /0 -/lo --O.6 RE #4491 - SHELF OF GREELEY SEVEN, LLC, 0/O THE BELL 5 LAND COMPANY PAGE 2 A. The applicant shall submit a proposed building envelope(s)for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services,the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled "alternative building envelope." All building envelopes shall take into consideration impacts to productive farm ground, as well as the location of incompatible uses,floodplain,ditches,wetlands,geological hazards,accesses,preferable locations, oil/gas easements, and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No. 1053-01-02 RE-4491. C. Lots A and B shall use the existing agricultural/oil and gas/ditch road access necessary for agricultural operations and residential access,as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. E. Weld County Road 59 is designated on the Weld County Road Classification Plan as a collector road,which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future Weld County Road 59 right-of- way. All setbacks shall be measured from the edge of the future right-of- way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. F. The applicant shall address the requirements of Weld County School District RE-7, as stated in the referral response dated August 4, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. G. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral response dated August 24, 2006, and the e-mail referral response received August 22, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 2006-2692 RE4491 • 0 RE #4491 - SHELF OF GREELEY SEVEN, LLC, C/O THE BELL 5 LAND COMPANY PAGE 3 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lots A and B are not eligible for a future land exemption, in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) All setbacks shall be measured from the edge of future right-of-way. 6) Warning: Owners of Lot A or Lot B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0775 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3, of the Weld County Code. 7) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 8) 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. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or Lot B has an adequate water supply of sufficient quality, quantity, and dependability. 2006-2692 RE4491 S RE#4491 - SHELF OF GREELEY SEVEN, LLC, CIO THE BELL 5 LAND COMPANY PAGE 4 10) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 11) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 12) 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 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 13) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County- Wide Road Impact Program. 14) 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. 15) Potential purchasers are hereby notified that a confined animal feeding operation is located directly north of the intersection of Weld County Road 61 and U. S. Highway 34. Off-site impacts that may be encountered include noise from trucks, tractors, and equipment; dust from animal pens, and odors from animal confinement, silage, and manure. 16) Weld County's Right to Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 4. The 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 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 Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2006-2692 RE4491 • • RE #4491 - SHELF OF GREELEY SEVEN, LLC, C/O THE BELL 5 LAND COMPANY PAGE 5 5. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO ATTEST: ���� 4 `` / B//6�e (NAY) . . e, Chair Weld ounty Clerk to th= • AYE BY: ,� �ti r' a David . Long, Pro-Tern Depu Clerk t the Board 6 - AYE Wi ' m H. Jerke APP D AS TO F • Y°�J/-- (AYE) Robert D. Masd n ✓�.orney auc�� {�/ (AYE) Glenn Vaad Date of signature: 1°1i /Du, 2006-2692 RE4491 (� ff MEMORANDUM wokTO: Board of County Commissioners pp,�� September 19, 2006 COLORADO FROM: Chris Gathman, Planner II ,q�. SUBJECT: RE-4491 (Shelf of Seven, LLC) The Department of Planning Services has forward application RE-4491 to the Board of County Commissioners. The applicants, Shelf of Seven, LLC, represented by Kirk Goble of Bell 5 Land Company, have submitted the attached letter dated August 30, 2006. Application RE-4491 was conditionally approved by Planning Staff on September 19, 2006. The applicant is opposed to condition 3.G of the staff comments regarding the Public Works requirements. Background information: Legal Description: Lot A of RE-238; Part S2NW4 of Section 1, T4N, R64W of the 6`h P.M., Weld County, CO. Parcel number: 1053 01 000023 Location: East of and adjacent to CR 59 and 1/4 mile south of CR 50. RE-4466: RE-4491 was conditionally approved by the Department of Planning Services on September 19, 2006. Acres: 160 +/- Public Works: The majority of proposed Lot B and the entirety of proposed Lot A is located within the floodplain as shown on the FEMA floodplain map Panel #080266 0775C. In response to this David Bauer with the Public Works Department, in his e-mail referral dated August 21, 2006, stated "Unless an engineering study demonstrates that the proposed homesites are not in a floodway and that the fill needed for safe home construction does not cause flooding issues on adjacent properties, I recommend that we deny the RE request." Applicant's request: The applicant requested in their appeal that notes be placed on the plat that indicate that no building permit shall be issued unless and until the appropriate flood mitigation issues have been properly addressed in lieu of Public Works' requirement. Plat Notes: The following notes are outlined on staff comments to be placed on the plat as notes 6 and 7: All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0775 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 2006-2692 • The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. These are standard notes that are placed on recorded exemption plats within FEMA designated floodplain areas. lGQ 6 -- -2 1.2. • • DEPARTMENT OF PLANNING SERVICES Wl`'pC RECORDEDADMINISTRATIVE REVIEW COLORADO Applicant: Shelf of Seven, LLC RE-4491 Planner: C. Gathman Legal Description: Lot A of 238; Part S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, CO. Parcel ID#: 1053 01 000023 Lot A Size: +/- 5 acres Lot B Size: +/-67 acres Water Source: Central Weld County Water Sewer System: Septic District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. • • 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 3. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No. 1053-01-02 RE-4491 C. Lots A and B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations and residential access as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. E. County Road 59 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 59 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way.. This road is maintained by Weld County. F. The applicant shall address the requirements of Weld County School District RE-7 as stated in the referral response dated August 4, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral response dated August 24, 2006 and the e-mail referral response received August 22, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. • • No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) All setbacks shall be measured from the edge of future right-of-way. 6) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0775 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 7) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 8) 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. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or Lot B has an adequate water supply of sufficient quality, quantity and dependability. 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 12) 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. J(?( (� ���l - • • 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 14) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 15) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly north of the intersection of County Road 61 and State Highway 34. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to 0'666. ,265 • municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date September 19, 2006 Chris Gathman • Planner II `t% t,2E4':)-- LI ,� a- 'l Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet t..--- Lettering No stick-on lettering / Minimum 8 pt. lettering s.------- Boundaries of Lots 1/--- Scale Suitable Scale? (1"=200' or 1"=100') ✓ k,Olort IS Accesses indicated Shared Access? If so, is easement Certificate included'? or 6 Acc-c55 Roads labeled, including ✓ R.O.W Building Envelope(s) rt-`�t�1,"t:3 F‘ "'�• ;,FtookQbow 0 Vicinity Map Suitable Scale? (Minimum 1"=2000') ✓ North Arrow ./ Legal Description ✓ Notes from Planner/ '?9° no'kc. 1t C. 4 na�'c '1S'(. ?m-' C- QOo• Development Standards (t4s .5 )o 141qj log n bItelakit) c --) 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 Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if N IA Certificate Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) N /P% Certificate Board Certificate (USR,COZ„Minor Sub Final) CD (Final PUD,RE, SE&ZPMH if Board approved) A Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N JP Easements N I Please return the plat to the CAD Technician within 24 hours of receiving the plat. pock- 0.(A --— k 1O/2. 161_ - L. Planner on Call: (Initials) Planner Signature: Date: • • Ig.tTheBell5 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 September 20, 2006 Chris Gathman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Application for RE-4491, Shelf of Greeley Seven, LLC Chris— I'm responding to the referral received in your office from Weld County Public Works in regard to flood plain issues with RE-4491 for Shelf of Greeley Seven, LLC. The requirement for an application to FEMA for a CLOMR-F is a new referral requirement that has come up on this application. In the nearly 20 years that I have worked through WCDPS in filing for Recorded Exemptions, this is the first I've come across this particular approach from WC Public Works. As you can see in the application, the applicant is aware of the flood plain and is willing to deal with disclosure of same and the potential for a buyer to obtain a flood plain permit prior to building. I have seen this handled by placement of an appropriate note on the RE plat providing notice to owners and purchasers that they may have to deal with flood plain mitigation issues. If the issue has come up with other applications, I submit that the county's liability is reduced by the proper disclosure on the plat and that complaints from someone who didn't realize it until building permitting should not necessarily create new requirements for other applicants. At the very least, a "phase-in" of these issues should be considered so at least those of us who deal with this on a regular basis don't get hit cold with this. I understand that there is increased scrutiny being place on property lying within flood plain or flood way designated areas. I believe it is a prudent thing to analyze the flood issues, but this referral recommending denial of the RE is new to me and this applicant. With any sort of forewarning or indication that this may have been a problem, we could perhaps have anticipated the referral or altered the application in some way to mitigate potential problems. I will look forward to meeting with Dave Bauer of WC Public Works to address these issues in future, as I always find it to be mutually beneficial in the process to be able to work with the referring agencies. It is a hardship for any applicant to spend the money and time it takes to prepare and submit an application to simply "roll the dice" and take their chances. As you know, I do extensive research in the pre-application period to try to head off nasty surprises like this. Under the circumstances, on behalf of the applicant, I request that this application be approved with very clear notes on the plat that indicate no building permit will be issued unless and until the appropriate flood mitigation issues have been properly addressed. That seems to be a fair way to approach this issue. I thank you for your consideration. Sincerely, 9 Kirk Goble, ALC Broker The Bell 5 Land Company Authorized representative for Shelf of Greeley Seven, LLC • Jg , TheBeII5 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 July 28, 2009 Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Conditions of Approval RE-4491 Shelf of Greeley Seven, LLC September 19, 2006 Kim, I was the authorized representative of the applicant for the above captioned application for Recorded Exemption. This is to notify Weld County Department of Planning Services that the applicant was unable to comply with the conditions of approval - specifically those imposed by flood mitigation requirements. I had made verbal communication with WCDPS to that effect at that time. This letter will serve as written confirmation that this application was withdrawn. 144 Kirk Goble, ALC KG:mmi • • 410 N DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Co lorado Coll orado 80631 WEBSITE: www.co.weld.co.us I E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 C. FAX (970) 304-6498 COLORADO July 21, 2009 Shelf of Greeley Seven LLC PO Box 645 Weldona, CO 80653 Subject: Conditions of Approval: RE-4491 Dear Applicant: On September 19, 2006 your application for 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. This office has contacted you previously concerning this application on October 2, 2007 without success, and, or follow-up on your part. Given this current situation, there are two options available to address the resolution of this condition. Submit the required documentation and two copies of the paper plat within 10 working days of the date of this letter, or formally withdraw the application in writing to this office. 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 effect future land development applications located on this parcel. Withdrawing applications will not generally effect 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, o,,,Tiegu Kim Ogle Planning Services cc: Kirk Goble, The Bell 5 Land Co, 710 11 Av Ste 107, Greeley, CO 80631 Case File: RE-4491 Page 1 of 1 • • Chris Gathman From: Chris Gathman Sent: Monday, October 01, 2007 8:15 AM To: 'kirk@bell5.com' Kirk, I took the RE-4491 (Shelf of Seven) building envelope question to staff on Friday. Staff consensus was that this request should be brought back before the Board of County Commissioners based on the fact that the floodplain issue was the reason it was originally brought before the Board in the 15t place. Let me know if you have any questions. Thanks, Chris Gathman,AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 10/01/2007 Page 1 of 1 • • Elizabeth Strong From: Bruce Barker Sent: Monday, September 25, 2006 10:03 AM To: Jennifer Luna; Elizabeth Strong; Donna Bechler Cc: Donald Carroll; Chris Gathman Subject: Additional Language for RE 4491 The additional language for 3. J. 6) is: WARNING: Owners of Lot A or Lot B may not be able to obtain building permits to construct non-agricultural structures. (Then the rest of what is there now.) 9/25/2006 Page 1 of 1 Chris Gathman From: David Bauer Sent: Wednesday, September 20, 2006 5:05 PM To: Chris Gathman Subject: RE: RE-4491 comments and memo to Planning Commission Chris, Your number 6 under Item J should also state that the applicant shall comply with FEMA regulations. David Bauer Weld County Public Works From: Chris Gathman Sent: Wednesday, September 20, 2006 4:38 PM To: David Bauer; Donald Carroll Subject: RE-4491 comments and memo to Planning Commission Dave & Don, Here are my staff comments and memo to the Board for RE-4491. I will introduce the case and then leave it up to you to present the argument to the Board. If you have any questions, let me know. FYI: I will be out of the office this Friday 9/22. Thanks, Chris 09/21/2006 • • Page 1 of 2 Chris Gathman From: Donald Carroll Sent: Tuesday, August 22, 2006 7:39 AM To: Chris Gathman Cc: Brad Mueller Subject: FW: RE-4491 floodplain From: David Bauer Sent: Monday, August 21, 2006 3:53 PM To: Donald Carroll Cc: Drew Scheltinga; Brian Varrella; Peter Schei; Jesse Hein; Perry Eisenach Subject: RE-4491 floodplain Don, I looked up the subject property Shelf of Greeley Seven application - (S1/2, NW1/4, Sec 1, T4N, R64W) as requested. The proposed RE requests a land split for a 5 acre residential lot that would be located nearly at the center of the Box Elder Creek floodplain as defined by FEMA on FIRM panel 80266- 775G. The site is in a Zone A (approximate) floodplain. As with the recent experience with the Wagner/Weeks property located in the center of the Lone Tree Creek floodplain, the Shelf of Greeley Seven property lies in a flood hazard area and would require determination of the Base Flood Elevation and would need fill to raise any proposed structure above the 100-year flood elevation. Fill of the FEMA designated floodplain requires application to FEMA for a CLOMR-F (Conditional Letter of Map Revision due to Fill). The engineering study necessary for CLOMR- F approval would need to show that the proposed fill would not impede the flow of the 100-year event through the Box Elder Creek floodplain and show that adjacent properties are not harmed (flooded). There is a residence located at 23530 WCR 59. FEMA's CLOMR-F application requires that adjacent landowners agree to any change in the floodplain elevation on their properties. Rather than go through the Planning process to create a residential lot that is unbuildable under County Code and Weld County's Flood Hazard Development Permit process, at minimum, prior to granting the RE, Weld County should require that an engineering study be performed to demonstrate that the proposed construction would not restrict the flow of the 100- year event in Box Elder Creek and that the proposed homesite would not be located in the floodway. As you are aware, to be consistent with the National Flood Insurance Program, Weld County Code (23-5-250) only allows construction of agricultural exempt buildings in the floodway, all other construction is prohibited. Unless an engineering study demonstrates that the proposed homesites are not in a floodway 08/22/2006 • • Page 2 of 2 and that the fill needed for safe home construction does not cause flooding issues on adjacent properties, I recommend that we deny the RE request. David Bauer, P.E. Floodplain Administrator Weld County Public Works 1111 H Street Greeley, CO 80632-0758 (970) 304-6496 08/22/2006 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 3541631 PHONE: (970) 353-61010 0, Ex t. 3540 FAX: (970) 304-6498 Illik COLORADO July 31, 2006 Shelf of Seven LLC do Kirk Goble 710 11th Ave. Ste. 107 Greeley CO 80631 Subject: RE-4491 - A Recorded Exemption located on a parcel of land described as Lot A of RE-238; Pt S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, .,a Chris Gathman Planner WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 Date: - 20 ` Receipt No. 1 355 9 Received From: - Permit Type No. Description Fee 422I-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 I { 6560-RECORDING FEE MISC. u OCASH '{,CHECK NO. TOTAL FEE Receipted B ' I p+. DL# __ Exp. FIELD CHECK inspection date: 9/20/2006 APPLICANT: Shelf of Seven, LLC CASE #: RE-4491 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot A of RE-238; Part S2NW4 1-4-64 LOCATION: East of and adjacent to CR 59 & 1/4 mile south of CR 50 PARCEL ID #: 1053 01 000023 ACRES: +/- 72 acres Zoning Land Use N Agriculture N Agricultural land E Agriculture E Agricultural land S Agriculture S Agricultural land W Agriculture W Single family residence/agricultural land COMMENTS: Flat parcel (cropland) with ditch running across the property. Oil and gas wellhead on the property. Single family residence to the west of and adjacent to site. lut:6 s4j, Signature H - House DV - Derelict Vehicles D - Ditch O - Outbuilding NCJ - Noncommercial Junkyard A-Access to property IS - Irrigation Sprinkler W - Wetlands MH - Mobile homes OG - Oil and Gas structures Note any commercial business/commercial vehicles that are operating from the site. • • yl9/aco (qc Sl FIELD CHECK Inspection Date: CASE NUMBER: RE-4491 APPLICANT: Shelf of Seven, LLC LEGAL DESCRIPTION: LOCATION: East of and adjacent to CR 59 and '/4 mile south of CR 50 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: Jacqueline Hatch, Planner "NOW APPLICATION FLOW SHEET COLORADO APPLICANT: Shelf of Seven, LLC CASE #: RE-4491 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot A of 238; Part S2NW4 1-4-64 LOCATION: East of and adjacent to CR 59 and 1/4 mile south of CR 50 PARCEL ID #: 1053 01 000023 ACRES: +/- 72 acres Date By Application Received 7/25/06 Application Completed 7/28/06 Referrals listed 7/28/06 CG Vicinity map prepared File assembled -T VS CIDlxl Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: Pipcakk.SS3KL. c1 f2:5ob Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date By Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No X Flood Hazard Yes_XNo Panel #080266 C7'1SC Road Impact IND RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT/AMOUNT# $ CASE#ASSIGNED APPLICATION RECEIVED BY PLANNER ASSIGNED Parcel Number 105301000023 Legal Description Lot A RE-238 Section 01, Township 04 N, Range 64 W of 6th P.M. Has the property been divided from or had divided from it any other property since August 30, 1972? YES ® NO ❑ Is this parcel of land,under consideration,the total contiguous land owned by the applicant? YES ® NO❑ FEE OWNER(S) OF THE PROPERTY: Name: Shelf of Greeley Seven, LLC Work Phone# 970-483-7274 Home Phone# N/A E-mail Address cfando aol.com Address: P.O. Box 645 City/State/Zip Code: Weldona, CO 80653 APPLICANT OR AUTHORIZED AGENT: (See Below:authorization is included in this application) NOTE:ALL CORRESPONDENCE FOR THIS APPLICATION IS TO BE DIRECTED TO: Kirk Goble,The Bell 5 Land Company 710 11'h Avenue,Suite 107 Greeley, CO 80631 PHONE: 970-356-1618 FAX: 970-392-1618 E-MAIL: kirk@bell5.com Small Parcel(Lot A) Larger Parcel(Lot B) Water Source CWCWD Tap CWCWD Tap Type of Sewer Septic Septic Proposed Use Rural Residence Ag Prod/Rural Residence Acreage 5 acres +/- 67 acres +/- Existing YES ❑ NO Z YES ❑ NO Dwellings? None None TBD address on TBD address on WCR 59, Address? WCR 59, Kersey Kersey If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has legal� authority� to sign for the corporation. _ al `au _ 7/21/2006 Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date c,O0 6 --2&T.)--- S S. Letter of Authorization Shelf of Greeley Seven, LLC ,Landowner, hereby authorizes: Kirk Goble or Meredith Goble The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631, Preparer, To prepare and submit an application for Recorded Exemption to the Weld County Department of Planning Services on my/our behalf for land owned by me/us described as: Part of SW4 and NW4 Section 1, Township 4 North, Range 64 West of 6th P.M., Weld County, CO. I/We authorize the above to obtain information that may be required for said application from any appropriate agency or institution and I/We hereby authorize the release of said information for this purpose. I/We agree to indemnify and hold harmless the preparer of this application for claims made in this regard. This letter of authorization grants limited power-of-attorney to the preparer to sign documents on my/our behalf for the purposes of this application only. I/We agree to provide all required information and documentation in my/our possession to expedite the preparation and processing of the application. I/We understand that no guarantee of approval by Weld County officials is made or implied and that all fees paid are non-refundable. Signed this date: .4 I ?/ :? 0 6 Linda Ruiz, Manag Shelf of Greeley Seven, LLC �-006 - .2(ia- S. RECORDED EXEMPTION QUESTIONAIRE 1. Water Supply Statement: a. Domestic Use: The source of domestic water will be Central Weld County Water District water taps (see "can-serve" letter). b. Irrigation: Proposed Lot "B" is mostly farmland typical to the area. There is adequate vegetative cover to prevent undue erosion. 2. Statement regarding sewage disposal/septic: An engineered Septic system will be designed, constructed, and permitted according to Weld County ISDS requirements. 3. Description of current use of the property: The current use of the property is irrigated farmground in row crops (rented water). 4. Reason for the Recorded Exemption and proposed use of the property: The new lot "A" will be approx. 5 acres in size and located east of and adjacent to WCR 59 and the north boundary of the property as shown on the plat. It is being created to be sold for a single-family dwelling site. The new lot "B" will be approx. 67 acres in size and will consist of the remainder of the original parcel. It will continue to be utilized as farmground but would be a legal building site for one single-family dwelling. At the time of survey the small lot size may change to accommodate physical features. 5. Statement regarding unique physical properties: There are no unique physical properties of the parcel that affect the consideration of a Recorded Exemption. 6. Statement regarding building envelope: The applicant prefers not to designate a building envelope as a part of this application. 7. Statement regarding Business or Use by Special Review permits: There are no Businesses or other practices which would require a Use by Special Review permit currently on the property. 8. Statement regarding access: The current access, as well as the access for the proposed new parcels is WCR 59. This is consistent with the Weld County Department of Public Works requirement that allows one access per legal parcel. 2_006 • • Report Date: 07/18/2006 10:05AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4255186 ASSESSED TO: SHELF OF GREELEY SEVEN LLC P O BOX 645 WELDONA, CO 80653 LEGAL DESCRIPTION: PT S2NW4 1-4-64 LOT A REC EXEMPT RE-238 (3D.71R1.295) PARCEL: 105301000023 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 634.22 12.68 0.00 646.90 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/18/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0738- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 191.89 AGRICULTUR 36,959 10,720 SCHOOL DIST RE7 23.812 255.26 NCW WATER 1.000 10.72 TOTAL 36,959 10,720 CCW WATER 0.607 6.51 CWC WATER 0.000 0.00 CCS WATER 3.350 35.91 PLATTE VALLEY FIRE 2.438 26.14 AIMS JUNIOR COL 6.357 68.15 WELD LIBRARY 3.281 35.17 WEST GREELEY CONSERVATION 0.417 4.47 TAXES FOR 2005 59.162 634.22 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 • • \ a) C \ rn / k9 } §• \ \ / $ / § } 2a0 z � ° N \ § W •J / ° ) \ \ moo § =• � �4D - o -O2 &a Q fact • § § 52 Q U .3 e , a . / 7 \ \ / § & Q .� w • � / c � / % � \ P « t s ® ` ° •a ) ° t Cl) , s ) # / / / / ° '; .§ 5 \ « wag REFERRAL LIST Name: Shelf of Seven Case#:RE-4- County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton Briggsdale F-24 _ _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 z Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services Milliken F-11 _Greeley _ _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg z Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _ _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties z Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs z School District RE-7 _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub z_Boxelder Ditch Airport _Art Elmquist (MUD Area) _Federal Communications Comm Name: 1V 01 t "� REFERRAL UST • Case#: LiLIG} County Towns& Cities Fire Districts _Attorney _Ault _Ault F-1 X Health Department Berthoud Berthoud F-2 Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office Ed Herring Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 X Public Works Fria Fart Lupton F-5 Housing Authority Evans Galeton F-6. _Airport Authority Firestone _Hudson F-7 Building Inspection L` Fort Lupton Johnstown F-8 _ X Code Compliance _CI -Ann _N-Beth Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambuiance Services _Greeiey _Nunn F-12 Grover Pawnee F-22 State Hudson P!arteville 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 _Depanment of Transportation • _LaSalle _Southeast Weld F-16 _Historical Society _Locnbuie _Union Colony F-20 _Water Conservation Board _Longmont Wiggins F-18 _Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken Division of Wildlife _New Raymer Legal _South Hwy 66 (Loveland) _Northgienn Parcel ID # _North Hwy 66 (Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport e Ap Soil Conservation Districts _Severance Geo Ha O _Big Thompson!FTC _Thornton FP? tI¢r5 N Panel # _Boulder Valley/Longmont _Windsor IGA? NI ORD# Brighton/SE Weld MUD? N 0 _Centennial Counties X Greeley/West Greeley _Adams Platte Valley _Boulder West Adams _Broomfield Little Thompson Lanmer Federal Government Agencies Other US Army Corps of Engrs 'School District RE---7 _USDA-APHIS Vet Service _Central Colo. Water Conservancy Dist _Federal Aviation Admin (Structures RR D � over 200 ft or wiin 20000 ft of Pub X Ditch Company, B g)x "SL1 i Airport _Art Elmquist (MUD Area) Federal Communications Comm • Commissioner • Q • • 4itt \ aillils Weld County Referral ' C. July 28, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Shelf of Seven LLC Case Number RE-4491 Please Reply By August 25, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot A of RE-238; Pt S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 59; 1/4 mile south of CR 50. For a more precise location, see legal. ( Parcel Number 1053 01 000023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑,�e have reviewed the request and find that it does/does not comply with our Comprehensive Plan LJ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ` n ,� , Comments: J�u7C1 4 ✓\ l�A 1l`� 11 h�s(C ( rt v-IA. t LS aytxt `(t\46 . Signature Q)s.s\ ' `1 .2,1 _ni Agency f (� ` nr„0=0 e 0,�CZ, Date+Weld County Planning Dept. ❖918 101°Street Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax c-tc• 6 -,2C-7(:)— 08/14/200E 21: 29 9793534990 PLATTE VALLEY FIRE PAGE 02/95 • • fti6- 14 Weld County Referral W11Dc. July 28, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Shelf of Seven LLC Case Number RE-4491 Please Reply By August 25, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption • Legal Lot A of RE-238; Pt S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, Colorado, Location East of and adjacent to CR 59; 1/4 mile south of CR 50. For a more precise location, see legal. Parcel Number 1053 01 000023 9 • 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 calf the Department of Planning Services. dWe 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. D See attached letter. Comments; • Signature !� .�:e�� . e /6yaG Agency / ji1 !/a/(2( /2/, Date +Weld County Planning Dept. +918 10'^Street Greeley, CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax ,7c r 6 - 26,9 "leid ?ncartmen` • • 7!Wtry III[rIrI= MEMORANDUM RECEIVED TO: Chris Gathman, Planning Services DATE: August 24, 2006 CFROM: Donald Carroll, Public Works Department SUBJECT: RE-4491, Shelf of Seven LLC COLORADO 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 59 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. WCR 50 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: The applicant shall work with David Bauer, P.E. in our Drainage Division on the property being in the Box Elder Creek Flood Plain as defined by FEMA on Firm Panel 80266775C. The site is in a Zone A. Please find attached the memo and photograph of the flood plain dated August 21, 2006 (RE-4491, floodplain) pc: RE-4491 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4491.doc From: David Bauer Sent: Monday, August 21, 2006 3:53 PM Cc: Drew Scheltinga; Brian Varrella; Peter Schei; Jesse Hein; Perry Eisenach Subject: RE-4491 floodplain I looked up the subject property Shelf of Greeley Seven application - (S1/2, NW1/4, Sec 1, T4N, R64W) as requested. The proposed RE requests a land split for a 5 acre residential lot that would be located nearly at the center of the Box Elder Creek floodplain as defined by FEMA on FIRM panel 80266- 775C. The site is in a Zone A (approximate) floodplain. As with the recent experience with the Wagner/Weeks property located in the center of the Lone Tree Creek floodplain, the Shelf of Greeley Seven property lies in a flood hazard area and would require determination of the Base Flood Elevation and would need fill to raise any proposed structure above the 100-year flood elevation. Fill of the FEMA designated floodplain requires application to FEMA for a CLOMR-F (Conditional Letter of Map Revision due to Fill). The engineering study necessary for CLOMR- F approval would need to show that the proposed fill would not impede the flow of the 100-year event through the Box Elder Creek floodplain and show that adjacent properties are not harmed (flooded). There is a residence located at 23530 WCR 59. FEMA's CLOMR-F application requires that adjacent landowners agree to any change in the floodplain elevation on their properties. Rather than go through the Planning process to create a residential lot that is unbuildable under County Code and Weld County's Flood Hazard Development Permit process, at minimum, prior to granting the RE, Weld County should require that an engineering study be performed to demonstrate that the proposed construction would not restrict the flow of the 100- year event in Box Elder Creek and that the proposed homesite would not be located in the floodway. As you are aware, to be consistent with the National Flood Insurance Program, Weld County Code (23-5-250) only allows construction of agricultural exempt buildings in the floodway, all other construction is prohibited. Unless an engineering study demonstrates that the proposed homesites are not in a floodway and that the fill needed for safe home construction does not cause flooding issues on adjacent properties, I recommend that we deny the RE request. David Bauer, P.E. Floodplain Administrator Weld County Public Works 1111 H Street Greeley, CO 80632-0758 (970) 304-6496 8/22/2006 (,, - l0)- Vit . < �.. e -ne+ •,.. • t r r : , J • ,. deit.‘ _______..... • i 1 ,.... . . . .. „. . .„ . . „„. A I „ . 14 • n J ,/ a— 1M 1ie11 t 0. • .. . , ...... i ) 1 / tie �� _ II f:, 1/2,-- . '',/'''...ii..."..,____"‘-i.,..,t,-:-,..-":"...":,L,,.., /: :': 4 cS � /---- • . ..,... . . „. . A - - • ' - - ---trsi-------Ti ..--- it . ,._;:, . . ; . ..1.. ' , 1 i ii l• . . 4 ` 1 1 1 Ai las 1 : . .0 i aft ,e , I / ,,....--/. ..:,-,-.--- 7-. .. -.. .._.,,Ti•:....4:--.--'--# -•. ...s.",,'1 IP V. '` �� `tom ille ( y• ,.Alialllia ' - / Pte' ,j IR:5. i . 4 . k44 ,7 _ . _ , . •1.i:i„.4%," . _ . it 'It i la • ' i t P4Illi '. I ra• ao ...r,, 1/7 ti I � . ____ a _ ,, , lik , \ LLD .. .... . , , . , , , ,_ ire-- ., . . , L . , Rl7 ''-N . ` + . . Q 1'a ' „ I SS IR ..... . 4hiii.ja �- `` /_ : . : . , . . . K.., •.- _ ��rt•�� r r}k t�.J • / { } . i . '.tom 1 ii•. . - q _ one, -__21,. - :Li_ • • Memorandum TO: W.C. Plannin9. Chris Gathman DATE: August 25, 20 6 „i ,,aunty Planning Department C GREELEY OFFICE • FROM: , EH Services,`Deborah Blandin COLORADO '�,ui7 ? ') ?OW CASE: RE- 4491 ,, �I"C APPLICANT: Shelf of Seven LLC IV ED 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. • •ic\ lont oleidemenlypla„i„ DepartnWeld County Referral CPEELEY DFFPCE C. AUG 2 9 2006 July 28, 2006 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Shelf of Seven LLC Case Number RE-4491 Please Reply By August 25, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot A of RE-238; Pt S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 59; 1/4 mile south of CR 50. For a more precise location, see legal. Parcel Number 1053 01 000023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature c71 August 4, 2006 Agency Platte Valley School District Weld RE-7 Date •:•Weld County Planning Dept. +918 10'h Street Greeley,CO. 80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax @7tlatte 9)alley @School WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 -970/336-8500 - FAX 970/336-85 I I E.GLENN McCLAIN,SUPERINTENDENT August 4, 2006 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Recorded Exemption— Shelf of Seven LLC—RE-4491 The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash-in-lieu payment is required for each new residential lot. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for a school bus stop needs to be examined. Please contact my office if you have any questions. Sinc ely, E. Glenn McClain, Jr. Superintendent 0(4/c ('fatrrccrt1oir. . . 1fierulaTottP4 On 9 ✓ • • RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District RE-7(the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites,or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS,planning departments within the various local governments that have territory within the District :ontine.ly rcfnr applientiun5 i latiug to new development for review and comments concerning the adequacy of public school sites and facilities;and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105,C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning,subdivision, building, and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: .rre - J kt9 • • 1 • Y 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is dependlent upon,among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of ,the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local govcmment entities consider the District's' comments in conjunction with the review and processing of each individual residential development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District, the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District, through its Superintendent or designee, has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development, or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee, determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a)$750 for each new single-family residence; (b) $585 for each unit in a duplex or triplex; and(c)$420 for each unit in a multi-family structure other duplexes or triplexes. 4. in-Kind Contributions. The District shall be authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District detennines that land should he dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty decd, free and clear of all liens, encumbrances and exceptions(except those approved in writing by the 2 District), including, without limitation,real property taxes, which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the final plat for any development, that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment,for purposes of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b)assisted living facilities for the elderly;(c)construction of any building or structure intended for and used for limited terms stays,including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes,hoarding or rooming houses,nursing homes, hotels, motels or hospices; (d)construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons,pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to funds received,the District shall use such funds solely for acquisition, development,or expansion of public school sites or for capital facilities planning, sites acquisition,or capital outlay purposes. The timing,nature,method and extent of such planning, acquisition,development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may he made public. 9. Further Actions. The District hereby authorizes its Superintendent, and such other employees,agents or consultants of the District as the Superintendent shall so designate,to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 � � -_z&qa Further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such panics are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS 13 DAY OF ma rr-h ,2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President, Board of Education ATTEST hie (7 74�j By: Secretary, Board of Education 4 • • • April 2, 2004 Weld County Plarming Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Land Dedication The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for school bus stop needs to be examined. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent _.p[t' Cn - C4`t� r rtitt7--- ' Fel d Caat • �RFFpI nn Weld County Referral will t fY pF�Depa7 C4061 ° 20016 meat July 28, 2006 N ��C�i�F COLORADO O The Weld County Department of Planning Services has received the following item for review: Applicant Shelf of Seven LLC Case Number RE-4491 t Please Reply By August 25, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot A of RE-238; Pt S2NW4 of Section 1, T4N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 59; 1/4 mile south of CR 50. For a more precise 1 location, see legal. 1 Parcel Number 1053 01 000023 i The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. gSee attached letter. Comments: Signature c` ' 1 y'04 Agency f (y TA> Date +Weld County Planning Dept. +918 10th Street Greeley,CO. 80631 ❖(970)353-6100 ext.3540 :•(970)304-6498 fax c_)co& -21-qa- 1 fSeven LLC 0 A Iicant : Shel pp Planner : Chris Gathman Case : RE -4491 1/24„,_ _.n. nI. - i . . \ Al \. I, I 1 41 r- I 1 %11 4/ --------Thl / I/.(.-L . \\\ \ 8 ( ntt C i \ 1 \ \ 0.4 0 0.4 0.8 Miles r 1 View1 N / \ / Highways /\/ Streams Ali Majroads 0. Lakes \ / NLocroads41) Floodplain W - 1.417 p\ E ileV Rail reTh field boundary J S t: O6 -J__6ce . • 41 to v) O U N a) . a) E •cn O) a) ,_ E a m m CD TD' >Nc = c a U a) o ° E io 2L°)i lb' - 3d co� 0 o C7 a) ICI,„ Q) a (D a) n c ma -o o a >. p °) 0 3 = o E co W Q 5. 0 Ws m o D 4_ o N CO m z J u_ a) LL '3 ' c Cr 0 a) c rn O >, • �, c (f) ^^ J _` offal� > 1.L } J2 W c �c c m c o o n o m :2 co Ua' U I a -o >, erg) m `—' acne a) � ¢ o O a w w oco m D co a) .c v' O w Cl) EEC92 z o -I W E -5 aW v) o, o s O co - > p 0 n •'= o .-• cn 0 o cnC ; c � � c � c a) Ocfl rn c to o co 'a •E a) a2 co M U ^ `- — cn L a N. 0 v 3 _a a) o � 22 p C .D am C7 v) c 0 c co C O �- c m U) 0 c rIJo a) 0 8 3 .3 u)ro TO -4C > m o m a) 15 Cn n o — .t5 o t N U in O C L o C U a) p M X E >, o —1 V) iu E a) za- a as C N - o 9.. cn a) _ J E N a) U is in 0 w L . Cr ull 9- x >, a) 00 H E a a) _ _ m c o a) 1' 4 ,, C — O J o U a) l iD •c ca m lo 0 W s cn co a) u) CL CO 0 5 c N U n E m z a) = TO i E4..; 7-- c a o D C U) D 0 0 U - a) Z Z n o o v .U C o cu 'Si o (UA U. C c� v o a UQ0- Cl) F. Do 11. 1111111 11111111II11 II1111111111111III1111111111111 663 , 3296653 06/2212005 11:19A Weld County,CO 1 0l 3 R 16.00 0 70.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: i( Shelf of Greeley Seven, LLC, a Colorado limited liability company SDF;70.00 T-Be— P o 0...,0 G4s .r.g- Weldoa.,1 oo facnn WARRANTY DEED THIS DEED, dated June 17, 2005, between Shirley M. Pankow, of the County of Weld and State of Colorado,grantor(s), and Shelf of Greeley Seven, LLC,a Colorado limited liability company, a corporation organized and existing under and by virtue of the laws of the State of Colorado, whose legal address is TBD,,CO , of the County of Weld and State of Colorado, grantee(s): WITNESS,that the grantor(s), for and in consideration of the sum of Seven Hundred Thousand and 00/100 Dollars ($700,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" also known by street and number as: TED,,CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right,title, interest,claim and demand whatsoever of the grantor(s), either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that of the time of the enseaiing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions,restrictions,reservations,and rights of way of record,If any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, Its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN A WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. .in y thiPtko* a,r..k if-LC-- Shin y Ni.M. P koW STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me on June 17, 2005, by Shirley M. Pankow. Witness my hand and official seal. My Commission Expires: \O\io\‘C otary Public "� AetppT..PUB.��l r fJJJ t JEANETTE : 4 4 SNOW 1Q i li Nl r�op rue No.LTMVa00c 0.,,D'•.... ....�'Q ' 041 DOC-WO Iry to Co;t f o ...to., oi- �'M LTG a)6 -a)bSa- 111111111(111111111I I I 111111 I I I I I N 11111 I I I I I I I I 3296653 06/2212005 11:1M Weld County,CO 2 of 3 R 16.00 D 70.00 Steve Moreno Clerk&Recorder File No.LTMV0000047 EXHIBIT A Parcel 1 Lot A of Recorded Exemption No. 1053-1-2-RE238 recorded December 10, 1976 In Book 784 at Reception No. 1705698, being a portion of the S1/2 of the NW1/4 of Section 1,Township 4 North, Range 64 West of the 6th P.M.,County of Weld, State of Colorado. Parcel 2 Lot B of Amended Recorded Exemption No. 1053-01-03 AMRE-2711 recorded April 28, 2005 at Reception No. 3281416,being a portion of the SW 1/4 of Section 1,Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3 Lot B of Amended Recorded Exemption No. 1053-01-3 AMRE-3274 recorded April 28, 2005 at Reception No.3281417,being a portion of the W1/2 of the SW1/4 of Section 1,Township 4 North, Range 64 West of the 6th P.M., County of Weld,State of Colorado. Grantor hereby reserves a 16 feet In width,nonexclusive ditch easement for the use only for drainage and tail water across the property connveyed to Grantee In the location described in proposed ditch easement#3 on Exhibit A, together with the right for Ingress and egress to maintain such ditch. The said easement shall run with the land and shall be appurtenant to the property owned by Grantor which Is located South and adjacent to the property conveyed by this deed. Grantor reserves 60%of all oil,gas, and other minerals owned by Grantor. _ ThL �^7 - ,26`W- M SO EXHIBIT Part of the West Half of PROPOSED DITCH EASEMENTS Section 1—T.4N.—R.64W. .- _ _ d ih v! k;sa o cc PROPOSED DITCH — ,a J EASEMENT #3 'Mgt r I — m b, .Y F ' "J . X4+4 4.?a: _`��, O aaa ii • J;;;;)--: * ,' ¢ S , Cry• a m N 1 Ir- �,1'�"" -. ain li 1...". —C. Ci —.7 �N � ;� � a....to s a2c.,3 , —'a C PJ NN i —PROPOSED DITCH Ef,SEMENT #3 O 1��PROPOSED DUCH in �P OPOSED DITCH EASEMEN 1 a------- EASEMENT #2 •\`S f o r- o •f; k u 0 La 4 " II i Oin ICr , • /\ KING SURVEYORS, INC. PROJECT NO: 2004493 r 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 04-26-05 VrPHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: PANKOW/SHELF WWW.KINGSURVEYORS.COM DWG: 2004493E5MT-A ,nnh -> E-;9c- 111111111111 IIIV IIIIII till (Mill III 11111 IIII IIll ~ 223 3386223 05/09/2006 02:01P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED, Made this 20th day of April, 2006 between Shelf of Greeley Seven, LLC of the County of Weld and State of Colorado, Grantor, and Shelf of Greeley Seven, LLC Whose legal address is P.O. Box 645,Weldona, CO 80653 of the county of Weld and State of Colorado, Grantee: WITNESSETH,That the grantor(s)for and In consideration of the sum of ONE AND 00/100,(51.00)Dollars,the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUIT CLAIMED,and by these presents do remise,release,sell and QUIT CLAIM unto the grantee(s), Its heirs,successors and assigns forever,all right, title, Interest,claim and demand which the grantors)have In and to the real property, together with Improvements,If any situate,lying and being In the County of Weld and State of Colorado,described as follows: Lot"A"of Recorded Exemption RE-238 being part of S2NW4 Section 1, Township 4 North. Rance 64 West of 6th P.M.. recorded 12/10/1976 at reception 1705698: AND Lot"B" of Amended Recorded Exemption AMRE-2711, being part of SW4 Section 1. Township 4 North, Range 64 West of 6th P.M., recorded 4/28/2005 at reception 3281416 also known by street and number as unnumbered land WCR 59. Kersey, CO. 'TO HAVE AND TO HOLD the same,together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate, right,title,Interest and claim whatsoever,of the grantor(s),either In law or equity,to the only proper use,benefit and behoof of the grantee(s),its helm and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. �/I BY: n-"-"•,c- Linda Ruiz, Manag'e)r Shelf of Greeley Seven, LLC swskState Of Colorado %O .0- PVel ss, 'P 'r The foregoing instrument was County of Weld ) f / KIRK t acknowledged before me this i _ _day of ,Y . 200L. GOBLE Witness my hand and o .Q�- ✓, i%I� My commission expires: otary Pubic Name of person creating new legal description: n/a—no new leoal '('J -2e9d- We CENTRAL WELD COUNTY WATER DISTRICT June 8.2006 Kitt Goble Bell 5 Land Company Suite 107 710 I I" Avenue Greeley.CO 80631 RE: Can Serve- Water Service for Shelf of Greeley Seven, LLC Dear Mr.Goble: This letter is in response to a request for water service to serve the following property described as lb lows: Lot A of Recorded Exemption RE-238,being a part of the South 1/2 Northwest 'A of Section I, Township 4 North. Range 64 West of the 6h P.M., Weld County, Colorado. Water service can be made available to the above described property located at Weld County Road 59& 50. provided all requirements of Central Weld County Water District. Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District requires that contracts be consummated within one (I) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. Due to the rapid cost increase of raw water. existing tap fees may not apply for water service to this property. The District will not notify, by separate letter. any prospective landowners or land purchasers of tap lee or line extension cost increases. The cost ofa tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy. It is your responsibility to confirm with your local Fire Protection Authority it'lire flow water capacity is required for your project. Sincerely. CENTRAL WELD COUNTY WATER DISTRICT • 4 j Johfi W. Lades.Gc al Manager JWZ/ja 2235 2"°Avenue• Greeley. Colorado 80631 •Phone(970) 352-1284 • Fax (970)353-5865 John W. Zadel.General Manager • • Ii er-t: efts I r1/4::: I __ . ., - I Y 1 I _/ 1 II b. jpi 'T" I I I 4 'i I gym in 2. E 5 an I • 0 _ ki k P- tit ;i i • .1, , • '. .4 r �‘ 0* . 4604.. ... , \\. i • :.\X • t ' f' y r . �*• i SS \ --re J • . • iss„ , k __ i. i ..`•`-'mow v ` Illit \IIIII litre' �r` jr' mi.; rrr . ' •II 1 •t'f,• a _ err - —— --_'- �„.,r�•� '^! 1 \CI „, � . I _ if x"� b IIII ti f i - - . .. . • 1 • • t I lfr ii de i' • - %. ' 111 i • pi . . . • �'N e � �, , iii'' �-• -) 4 • _ k r 1 t Is • PI% 44 ' .:1. . r - ♦' { }l y 1 ■`YFl ii • •• • Al • .1 \ • . 1 1i V. - .r L .-•.a . -1..••r•+ate v 11 lk . A • i rs. iiii... C-4 -4 . . . . . . `. s 4 )... i • ♦ ,'t g,. " i . , (nf z ).e''''' d >r', • cR �o _ _. � x g. ,�'s°e - 44 �s0:4-0•71‘,!:1400h "—..,.",.:•••0::'"'"•,'!••.!':,.•••••.'',.,•••• ,..7.,0.'' !.; , , ,,,.... —. .\r', 7;•-•,••••\ i , „y m«r-- ,r .3 �� :fib' > sPaY _�$tf F• • •� .<N _��..�d'.a ..o.ai�iS 9 ; r �.,,• .. >«w,t.F nA6+wa+weWr:uvaivawreu.;�. A !ft: Ay � x t T , .dam x ` So I. Shelf of Greeley Seven Recorded Exemption Plot Plan f i ' P` .r• LAND Q, 1 • ,,,s, wraw-� .:rte- s.. - Access ' 1 .. l Proposed Lot "A " Proposed Lot Access c c B 5, ' 5 Acres +l_ 67 Acres +l- Lo r . ft....‘ .2 UT ,V O i 1 1/1//: i II • . 3 ...sm.-n P i 7,.1 Ada' 1 , ZN\ O R T H NOTES : Map is not to scale. Boundaries are approximate. cx- ' 6 -c2 ? 00 li. Road File # RE: Other Case No. Appendix B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: July 25, 2006 933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632 Phone (970) 356-4000, Ext. 3750 Fax: (970) 352-2868 1 . Applicant Name: Shelf of Greeley Seven, L.L.C. Home Phone:N/A Work Phone: N/A Address: P.O. Box 645 City/State/Zip Code: Weldona, CO 80653 2. Address or location of access: WCR 59 BETWEEN WCR 48 & WCR 50 Section: 1 Township: 4N Range: 64W Subdivision: N/A Block: N/A Lot: N/A Weld County Road # 59 Side of Road: East Distance from nearest intersection: 1 /4 Mile 3. Is there an existing access to the property? Yes N No n # of accesses 2. 4. Proposed Use nPermanent NResidential/Agricultural nlndustrial [Temporary [Subdivision [Commercial [Other 5. Site Sketch N l ,� ' • s ••Y � L O 4 .. ,y ,fr N • LANDVOY • • R 1:E ti� - T H ,- -_ Proposed Proposed Lot Arces� Lot A « B» �... 6 acres +/- • „ 5i rn 67 Acres +l- ° Lo 1/4 v . WI'i,b / .4 . _ ,yyy£ 9 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Requirements ❑ Installation Authorized O Information Insufficient Reviewed By: Title: 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): N Reception No. 1199999 Book 1413 N- Reception No. 1547086 Book 625 N Reception No. 1601594 Book 680 N Reception No. 1705945 Book 784 N Reception No. 1751491 Book 829 • Reception No. 1895247 Book 970 N Reception No. 1945560 Book 1012 N Reception No. 1945561 Book 1012 N Reception No. 1955533 Book 1020 N Reception No. 1955536 Book 1020 N Reception No. 2511305 Book 1567 • Reception No. 3296653 Book N Reception No. 3386223 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 10th day of July, 2006, at 7:00 am. Order No. TNWS0001026 Transnati itle Ins ace Company Th By Authorized Signature File No. TNWS0001026 EXHIBIT A Parcel 1 Lot A of Recorded Exemption No. 1053-1-2-RE238 recorded December 10, 1976 in Book 784 at Reception No. 1705698, being a portion of the 51/2 of the NW1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 2 Lot B of Amended Recorded Exemption No. 1053-01-03 AMRE-2711 recorded April 28, 2005 at Reception No. 3281416, being a portion of the SW1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. :11i� r� j aw•r�-r< �t�! qI a r 1 vtU`-e� V. , r , Y�"= x ;p ,.:::;.:3,.1,:•:;";''',ti; I T i •4 I. ,, % t -ug 5, k' y o/< Feb irti s lti a ` tweed lliiiidred' l filtp`fl n r,,aRig46n L i eft 10 jt MO"' `itILLTAW1O 30SC' OH' "1- a "r y it , t. 7f{ i K! y h 4,j,nd�Seale oft steno,01 t�ra lire)igiet a{a+ • usi '4,1,i-441144rn r t' Egs w P { 11i �ctala 3Q, E 1 1 ' ILL' t� k o l ,44 ' 1, a 'p`v 4:?f Keld ' and State of Colorado abbe second part, as. r s. s 1 t Sid t'lt-, .! i,I.i ire .vme ies' part,raid-part of sr! for and leeotuJderatfpn of the. :' tent okt'other,`IC41o1le eomigeratidne sad Ten - Dollars, s" :t tONtis mirk=Part iertt oj;rir first pork ie hand paid by;the saki part tee of the second part, the receipt tphereof b_hereby costlesred.?nd acknowledged, ha vs granted, bargained, sold and con- vpyedirliid-by th;se'pru'astr do '-t-Igrant, bargain,sell,convey and confirm unto the said part ion Na! seeded part s keloriond-eia,,.. fasoeerreU hie•{dt.Wt -0aseribmkke der-poo• : iit j H-tas11,<.ttb^k;lyi}ied he _TA tiARta 4 eel tut in Joint ea,,, o ai . r'Ita��it t d i loiman IIy fluty ear b-rieo0f t ee li ,i ...i it ne¢ add Q�1e�ehde r8seon tiepinss of Jive pis.044 ryinegr�.nC being the CCDN77[OR Wffi. °t rotor STA�E81Y COLORADd to-wit; ne South Hag. i3 ) of the Northwest Quar, g� � 'I�of ggaitifipnn t�mie II Township Four. l ) ortb, Range Sixty-four oz ) the`:6th-P•n.eexceptir6 therefrom inB lant trac 20 fee eguare ant �ytt rr tiou11a 1 dei bed in H ok 12 page 3so Weld tout taeocrae,tensier el enitch Oon Qnv shares or the fits a o The Lowe, tjantixtension Di oh Co a and TWO (2) sh res of the capital • etoo o�;'. Lower Latta=_Ditch company T° ether,iiitt Ift rIghtye._OrtGran�teo4rs11innQ aaannnddy to Indttht}}ggyy�t��,, certain�gO al and 4epsdc011eiad' Oa&eintsa beln reoorgaeQetobe1' le suture 1 Of Pace rentals, e Weld County ; Dty included within the boundaries of Northern Colorado Water Conservancy Districts West Greeley Soil Conservation Districts and The ! Platte-Valley Fire Protection Dietriott and Subject t 1 and Gas L ae ted geptembe 6. 1951 and recorded October 1 h9t4 00 • a Weld ccout eco deJreserva- ti 3 in u 1Pss se�utryi_ ig ono way rot'aroeds orr{.oaasemenrte Howsoever ev gaRad °Ga gg u stngwdt tnie,ssereduant ors and appur en iee nerc e)o belonging, or in any __,wise appertaining, and the reversion and reversions, remainder, and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said Ii parties of the first part,either In law or equity,of,in and to the above bargained premises,with the hereditament, and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Henry Scheidt and Clara Scheidt the said part ins of the second part,as joint iehsmsi...1.._f,..onr. tents and not as tenants in coamon. And the said Guy B. Bur soeugh. and Lillian E. Burscough- part ids of the first part,for them set ves , their kxirs, executors and "'_"'^'"' •administrators aoa rsoon++ent ant b 'min.and agree t_o,,qnd ith the said part Sea of the . second part LshL`r w9P ii%olgiMRlk G`Stet ��hyp,pp,niet d pegfgg,l 4e. AWN?,aai a dit is in t Possession of the said park Le a of the second claim s joint/ eoMnon every person or persons fatefully claiming or to claim the whole or any part thereof, by,through Or Vs• r under the said part lea of the first part, the said part lee of the first part to WARRANT AND ^" . 'POREVER DEPEND. IN WITNESS WHEREOF, The said port iesof the first parr ha ve hereunto set their U RI RI hand a and seal a the day and year first above written. q ^ /-�- WUN4nlI Signed,Sealed and Delivered in the presence of s ✓-- - - -fit-A•-- -)' Ir F4+_, ,F!<--.< C• /Le' set // ,i(SEAL) -t,. L ".:,. .... _ - (SEAL) t'll3,.. .m",,. :9'.4. RAD0,l �e. der of 9'�� 3 p , ss, The foregoing instrument auC acknowledged pp before me skis_ yh Y .--k ? _ rebru 19-5(1 _. sty. tc scrosi -_. -i! „•,,)..,\IA - T{�'i.a%�' ryV]reco�sg a an sac o Ilet S, -A" Wittiest_mf reseed Ilea [rsl. ,< — ,) { �._ l. -ti, u7 Commission Expires -j 9311!u C____ R ' f,'�� 0,.. Notary Public. 4. Kn�' 4 P+. v. tir-. y.. SPECIA 'WOMAN DEEDr,IdcV.y Psiatng, enek7, Colende, Mn. , 1.0 2� �� . 1 snag Recorded et..-. edocx.C..;vf-----..._.....---MAY-1&.1920. ... = 625 '•' -NlPI SPOMtit IIReception No._.......—..............15.4_7QEIs--._ ._..._____Recorder. Qr. £Know nit Men ttg *ear presents, That I _-..._.I,ELAND_Ri_SNYDER__...._ -._............__.............................._ ci, N Whoseaddress is_ -._.._......._..,._-._......_ ___ .._...-.._.._n..._... .___ ..__................._......_......_ I Weld Colorado ter the • County of • and State of_._____............._.....____.____........._....._.___ coadde.aticn of_..- other valuable consideration and TEN -_ a Oi� ---------_.._------......._--- --- .___—____._._.. ..._.._..-_.- -_—_pouts£. u\ ,. GOTTLIEB BORLENDER , n n! m hood paid,hereby tdico and oonveyho to B _.anE II ;t ci whose address is.___ _.. ..._ ._ . - . _ ___- . _.._. lV1 3 1 County of.-- Weld andtbestrteef Colorado the ''j v D ' I following real property in the County of Whip and State of Colorado, 11 .e 1 m to•wit: i ID ail The Southwest Quarter (SW 1/4) of Section One (1) , Township Four a (4) North Range Range Sixty-four (64) West of the 6th P.M. TOGETHER Fr 1n with two (2) shares of the capital stock of The Lower Latham �, a Ditch Company, one and one-half (1-1/2) shares of the capital } NI � stock of The Lower Latham Reservoir Company, two (2) shares of n '+ . the capital stock of The Lower Latham Extension Ditch Company, o-,Iii and one irrigation well and pumping plant. f1 -.I Ii oState Documentary Fee Olf Dots .b1AY-121970 l I iI G:211 i I 1 with all its appurtenances and warrant(s)the title to the same,subject to_First ne_e d of Trust to The Equitable Life Assurance Society and Second Nil'of Trust--to Alvin ➢.._at._.a.Ahn..secnrded under, Recept]op,.No, 1423580 in Book 499_, Weld Cozen y Records, both of' which Deeds of Trust Grantee assumes and agrees to pay Alaa..auh ----.to...011-.and_.Gas.-1R8Se...LP._T.-_s._race dated April 2, 1970 and to taxes for the year 1970, payable in 1971. ---'-gam - `_ May In the Presence Of i�C��� , A STATUTORY ACKNOWLEDGMENT I STATE OF COLORADO, I County of Weld t ='EM7NR- O. .....,,:0 ' 'he foregoing instrument was acknowledged before me a 4: o '•�s l L._....... ._. YoL__.........._May .-___.__..,19._ fl, I a ' '- D9`— Leiand ff._Snyder. F Witness my hand and of seal. W I. , al I. ,e _- , MY commission esPilrs;--r..� !".._1' .! f !i C Ql� Notary Public. 4.� g• 't •n amni In stoma or repreaentaWe crown%ouvtGWe Sod aYeomuo:mptcay.ea tar 01,0.acute I FOIW In REV.1504 WARRANTY DEED—STATISM',row arm xw aacoo. St} II /CMJ- 8O0a 680 NOV 131972 a x� ' •pr z O tJ Mad fu rtaad p//tt a p ➢.1a__..at N eelanitr M. µt SPOMER—. =OR➢ER. r t‘t Mewed.Se ist[ 94' / n .. G —.06PVTl. • ?gilds Breit, Made tw day of in the year of our Lord one ehmu.nd nine hundred and seventy—two between HENRY SCHEIDT AND CLARA a- ati ! SCHEIDT - Oh of the County of Weld and Slate of Colorado,of the feet part,and KEITH MINOR ' AND FERN MINOR o• Ohio 0 tT tfl of the County of Fulton and Slate of QQoloeadae of the second part; Witneneth,That the mid part le Sol the first part,for and in consideration of the aunt of other a valuable consideration and TEN DOLLARS. 0 N to the said part Jeep(the first part in hand paid by the said parties of the second part,the receipt whereof is hereby con- r1i leased and acknowledged have wanted,bargained,sold and conveyed,end by these present.do gant,bargain,Belli 0 convey and confirm,unto the said parties of the second part,n jo int in tenancy in common but in tenancy,the survivor of °' them,their anigns and the heirs and sedges of oath survivor forever,all the following described lot or parcel if land o situate,lying and being in the County of We end State of Colorado,to-wit: a ai .-1 o The South Half (S1/2) of the Northwest Quarter (NW1/4) of o o Section One (1) in Township Four (4) North, of Range o Sixty-four (64) West of the 6th P.M., Weld County, Colorado, together with two shares of the Lower Latham tt,-t Ditch Company. rr M Reserving unto Grantors, in Joint Tenancy, their heirs .-i Vg; Reserving assigns, an undivided one-half interest in and to all ownedgpe: (1/2) oil, gas and other minerals in and under the surface of z cili above described premises together with the full right to enter upon said premises and use so much of the surfae'g thereof as may reasonably be necessary for operating drilling, mining or marketing the production thereof. reserving hereby an undivided cne-fourth interest in all ➢dnerals, and cmveying an undivided one-fourth interest. T IS HEREBY DECLARED THE ABOVE PROPERTY IS CONVEYED IN JOINT TENANCY. Together with all and angular the hereditament,and appurtenances thereunto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders,roma,Sun and profits thereof;and all the mime,right,title, interest,claim and demand whatsoever of the said part le elf the lint part,either in law or equity,of,in and to the above bargained premises,with the hereditamenta and appurtenance. To Have and to Held the said premise above bargained and described,with the appurtenance,unto the said parties of the sawed part,the survivor of them,their amigos and the heirs sod assigns of eueh survivor forever. And the said part le s of the first part,for themwl yes the Irmo executors,and administrators,do covenant,grant, bargain and agree to and with the said parties of the second part,the survivor of them.their Assigns and the heirs and assigns of such survivor.that at the time of the enaming and delivery of these presents, are mull asked of the premises shove conveyed,as of good,sum es b.perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and . ye good right,full power and lawful autlmnty to grant,bargain,self and convey the same en mines and form aforesaid.sod tied the same are free and clear from all former and other grants,bargains,odes,liens,tvaes,a_se..ments and incumbranem of whatever land or nature seem, end the above bargained pnmira in the quiet and peaceable paeeuino of the said perils of the second part,the survivor of them,their aangm and the Missend assigns of such survivor,against an and swot'parson or Persona lawfully churning or to claim the whole or any pert thereof,tb:said part sea of the lint part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof,The said part iesaf the first pan have hereunto set their head S and seals the day and year first above written. Signed.Sealed and Delivered in the Presence of in-.Cie.-4.-1-4.--.4e'J I ' . .. ._...(SEAL) ._ .....(SEAL) _._..._ �.... ._._ .._.. ..... _....� (SEALI SFATE OF W f1AD0, f ss. The foregoing instrument was ac aowledged before me this /Mow day County of Weld. t of a-r., / __.1s_y2.by Henry Scheidt and Clara Scheidt and w s 6drtrsat seal. rj„-.y..� 3./, /q 9'S v7Z.r t .e e ,, .ti )f� l Notary Public mg o+ ` t7? .O . _ - - e Q.7-" , ' e°r°JKp^ 1'205945 O`>t MARY ANN FEUERSTEIii_,.--_Recorder. Reception No —.... - lq� fa------------- DEC 115_197.6____. . `' Recorded ak--.-C]/_.-.__...o'clark_-I,2..AI .._._........_.._- s-t 7 -/ / RECORDER'S STAMP THIS DEED, Made this 15th day of December I Dl 76,between '^ i KEITH MINOR and FERN MINOR, Husband and Wife, Store Documentary Fee , Joint Tenants DEC 15 1976 • -.� Date._._ -----....-_.--- $— -��---'— °` of the County of Weld and State of :,1 p Colorado,of the first part,and `� JAMES A. MINOR and JUDITH M. MINOR, Husband ° and Wife, Joint Tenants o of the County of Weld and State of Colorado,of the second part: •.. WITNESSETH, that the said part ies of the first part,for and in consideration of the sum of other `t valuable consideration and TEN-and N0/100 DOLLARS, c- al to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is vl hereby confessed and acknowledged.have granted,bargained,sold and conveyed,and by these presents do grant.bargain,sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever, not - in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in the County of Weld and Stnte of Colorado,to wit: 0 CS Lot A of recorded Exemption No. 238 , being a part ri 0 of the South Half (S1/2) of the Northwest Quarter (NW1/4) of Section One (1), Township Four (4) North, Range Sixty-four (64) West of the 6th P.M. , being more particularly described as follows: Commencing at the West Quarter Corner of said Section 1, and con- sidering the West line of said Section 1 as bearing South 0°00'00" West, with all other bearings contained herein relative thereto; thence North 89°34' 32" East 236.00 feet to the true point of be- ginning; thence North 89°34' 32" East 2364 .44 feet; thence North 0°0315311 West 1320.06 feet; thence South 89°31' 32" West 2598.97 feet; thence South 0°00'00" West 895.87 feet; thence North 89°34' 32" West 236.0 feet; thence South 0°00'00" West 422.93 feet. Con- taining 76.422 acres, more or less, including a strip of ground 30 feet in width along the West line of said Section 1, reserved for County Road right-of-way purposes and is subject to any rights- of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land, together with 2 • shares of the Lower Latham Ditch Company, 2 shares of the Lower Latham Extension Ditch Company, and 2 irrigation wells and pumping plant as decreed by the Water Court, Water Division I, Case No. W-265, EXCEPTING therefrom all mineral rights heretofore reserved by prior owners. • 1784 1705945 • TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents,issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part,either In law or equity, of,in and to the above bargained premises,with the hereditamcnta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever. And the said part ie S of the first part,for them selves , their heirs, executors, and administrators do covenant,grant,bargain and agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these pres- cnts they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in lair,in fee simple,and ha ve good right.lull power and lawful authority to grant, bar- gain,sell and convey the same in manner and form aforesaid,and that the same ore free and clear from all former and other grants,bargains,sales,liens, taxes,assessment and encumbrances of whatever kind or nature soever. subject to 1976 taxes due and payable in 1977 and reservations and easements of record, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part ha ye hereunto set the iThand S and seal S the day and year first above written. Signed,Sealed and Delivered in the Presence of '/{"L�"d�J [SEAL) ' L / .._ . _" �._.._. . .C 'G't, [SEAL] 1 [SEAL] STATE OF COLORADO ll County of....W4ela___.. The foregoing instrument was acknowledged before me this /S day of 1976tbyHEITH MINOR and FERN MINOR, Husband and Wife, Joint TenantA.". and each of them tJU10 ep'' My commission expires G L t_e _fi .19 .Witness my hand and official seal. / o • i Nojafyl8ub '-�^' ty ioE 'fly'nit pki No.921.WARRANTS DEED To Joint Tenenu.--Bradford i ubiuhine Co.1824-46 Stout Street,Dearer.Colondo 1573.50111 —446 -CD J BOOK Recorded at ' .,V ..M.._At.'.tt-G LI91S-,, HiR 828 Reception Ne 11$ yI - 5a...Recorder. i) I� el �Cnutu all trim tipsy�resenfs, That t.._-.-_-.-----G0TTLIEB BOHL ENOEP. -------- _-_-. !o. ti whose address is Greeley I i County of..r..-- -t -W- eds----- and State of -------Co�c redo--------- for the ! f a- considerationof T.en..and-nthar._good..and..valuable...cnnsideratinn-------- ° ct CN 'Dollars,Cr Pi UN in hand paid,hereby seams and convey(s) to....,,77.UIISTa-.i4.,...MZN.Qs, ° .-a 29733 Weld Co, Rd.48 whose address is Kersey 6 ° Colorado------ the County of ---------'--Weld-----------and the State of -" .4 0 ea following real property in the County of_........._.......__1da1d--------- and State of Colorado. I N N N o In C tPWtt i C 1l The Southwest Quarter (SW1/4) of Section One (1) , Town- H ship Four (4) North, Range 64 west of the 6th P.M. , d, together with two (2) shares of the capital stock of ,..N clic the Lower Latham Ditch Company, one and one-half (1 1/2) ;� shares of the capital stock of the Lower Latham Reservoir Company, two (2) shares of the capital stock of the Lower I Latham Extension Ditch Company, and one (1) irrigation �j .1,' well and pumping plant. V I; `. EXCEPT reserving unto the Grantor, all mineral rights currently owned lI V\ and held by said Grantor. 1 IState Documentary Fee II APR 25 1978 i I with all its appurtenances and warrant(s)the title to the same,subject to 1973 taxes payable in 1974, easements, exceptions, restrictions, reservations, condition , movenamts•,-ag.seementsT---and--rights-.o.£=.way---of...re<o.rd.,...and...liers..la& reason of inclusion within the Northern Colorado Water Conservancy rristrtet Subteet-eo-tire--lirtn--o£•-a mortgage-Co--Che-£edam} band--iSank-vF•iiithite in the sum of $300,000.00 executed or to be executed by the grantees named herein. Signed this Zsc- day of Max A. D. 19 73. In the Presence of 1 �p_ 74 -rY� �b97`'Fl-LIE YT: k��u",k��lls��_.._.._ 1. STATE OF COLORADO, 1 ss. The foregoing Instrument was acknowledged before me this .Gounty,gf Weld. I Yt May 19 7 3 `,., ,.,_ ._....Z$.- day o[ by.t-„t .'.p/t£8..:AH0.HLEMP. .A hMitnea)9[ any}and Official Seal. bil% n y . f -�-........�.. . - Notary Public.enivfaitiArAc a lor Future TAVNotices WARRANT DEED—STATUTORY rows. FOR PHOTOGRAPHIC RECosb. -GAF F wrt.na co D!w._P a+-- I AR36952V7 . D 0970 REC 010950 06/21/82 15:29 $6.00 1/00 F 1696 MARY ANN FEiJERSTEIN CLERK & RECORDER WELD CO, CO Ne.b6. viaSRANTY into—short raps.—enaferA-Roelewa Pr ally Corner.1524-45 Mout Street.Deere.,pebn4 THIS DEED, blade this thirteenth day of April , 19 82 , between Keith Minor and Fern Minor of the said 'County of Weld and State of Colorado,of the first part,and James It. Minor and Judith M. Minor of the' Said- County of Yield and Slate of Colorado,of the second part: d9aa3 hicR ,w: v8 • -Keno. r e o Pei4 v WITNESSETH, that the said part les of the first part, for and- in consideration of the sum of of other,valuable considerations and ten-and no/100'x' * a * * * * * a *DOLLARS, to the said part les of the first part in hand paid by the said part les of the second pert, the receipt whereof it hereby confessed and acknowledged,he ye granted,bargained,sold and conyeyed,and by these presents do grant,bargain,sell,convey and confirm,unto the said part les of the second part, their heirs and assigns forever,all the following described lot -or parcel of land,situate,lying and being in the said County of 'field'• • and State of Colorado,to wit: lot "A" of Recorded • Exemption No. 1053-1-2'=SE2311,as per the map recorded • December 10, 1976 in Book 784 under Reception 'No. 1705698, Weld County Records, being a nart of the South Half (Sl/2) of the Northwest.Quarter (WWl74).'of.Section One (1),- Township Four (4) North,,Ranoe Sixty-four (64) West of-the 6th P.M., County. of Weld, State of Colorado, being. more particularly described as follows! Commencing at the Nest QuarteraAxner(Wl/4 Cor) of said Section 1, and considering the West line of said Section 1 as bearing South 0°00'00" West, with' all other bearings contained llprl:le relative thereto; North thence 89034'1r Eaet, 236!00 feet to the True Point of Beginning; J' thence North 89°34'32" East, 2364.44 f set; - ^ thence Wirth.0°03'53" West, 1320.06 feet; vJ LL thence South'89°31'32" Nest, 2598.97 feet; • -thence n'1 South.e O'OO" Nest, 894.87 feet; thence Edith`99.34'32" East, 236:0 feet; • thence South 0°00°00" West-, 422.93 feet to the True Point of Beginning, including a strip of around 30-feet in width along'the West line of said • Section 1, reserved for County Road right-of-way purposes. • • TOGETHER with all and singular the'hereditaments'end appurtenances thereunto belonging,or in any wise appertaining, and the reversion and reversions, remainder and remainders,rents,issues,and profits thereof;and all the estate,tight,interest,claim and demand whatsoever of the said part-its of the first part, either in law anepallypo(r in and to the above bargained premises,with the hereditament,and impudences. ( '..J.'• ,•TO HAVE AND TO HOED the said premises above bargained and described, with the appurtenances unto (hb,aeiikpyt•1.(ies "of the second part, their helm and assigns forever:And the said part in of theflrat pare,for them red yes heirs, executors,and administrators,do cerement, *rent,,beiripl.nd agree to end with the said part tea of the second part, -their- heirs sad'essigns, that et,the bursa of the ensealingand delivery of these presents they are well seized of the premised above 'rnnkeyed,as of good, this, perfect,abeolnte and indefeealbleestat*of inheritance,in law,in feeatmple,Lnd ha ve g08d.right,full power and lawful authority to grant,bargain, sell and convey the same in manner and form as aforeasid,ihd that the salne'are free and clear from all former and other grants, bargains, sales, liens, taxes,as- sessments and encumbrances of whatever kind or nature swayer. and the above bargained premises in the!Inlet and peaceable possession of the said part of the second part heirs and assigns,against alt end every'thrum ktr person lawfully'claiming or la claim the whole or any part thereof,the said part of the first part shall and all]WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said part of the first part ha hereunto set hand and seal the day and year fist above written. Signed, -Sealed and'Delivered in the Presence of r-',fq\ti"`"7 [SEAL] .........._.............._._.....__...._...._._..._._._._. �W�f'GP;� AKA / /M 72:e is [SEAL) J El 0970 REG 01895247 06/21/82 15:29 56.00 2/002 F 1697 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ��'"' STATE OF COLOEADQ W/ _. County of. t�.[..OS.+P..'.{.-.9f..�R�'...._...}ee.. 1 `n7q��f.,.. . p'jY.1.41P ,•Notary Public to and for 00 said a I't/�in— County,in the State sforeesld,do hereby certify tlut Jr ctt'V14./A r s -n_ic.d.L'ci- E ./h✓tr: ry- ... who p..C.. pereonsOy known to me to be the p.aa- sy.µ.r-' person 5 whose name S subscribed to the foregoing Deed, appeared before me this day in person and acknowledged that ill. signed, sealed and delivered the said instrument of writing as free and voluntary act and deed for the uses and purposes therein eat forth. h.� Clean iiiodan',myohand and official seal,this Lit• day of / 'r .19 I?' `.eaolrl1 f':-,.„ ry tt k}CommissionesRilas Sept.2Y, 1984 • a`rh,.`�11-4,111 {' [R,GC.i _ yak.- —... {..t. 1 U[3 _\C •' y u ,,,,,,e,`,,,,,,,,,,,,, \\D en g v Help III 1/4o i o 1 i jdt i i , . 1 • o , F I I H i II (. 1 l - w Li. ii ' J m i : i i i • 5 1 B AR19NSSwt Rees B 1012 REC 01945560 11/01/83 15:29 93.00 1/001 Beer F 0103 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO. CO THIS DEED. Made this 28th day of October .1983. between JUDITH M. MINOR o ftbe said county of Weld and.tatr of Colorado Colorado,of the lint part,and JUDITH N. MINOR 29233 Weld County Road 48 whose legal saanmIS Kersey. Colorado orthe said countyor Weld and state of Colorado Colorado.or the second part. WITNESSETH.That the said pert y of the first put.for and meon.,deretmn of the sun.of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND 110/100 - - ($10.0o) - DOLLARS, to the said part y or the first part in hind paid by the said party of thy second part.t he receipt whereof is hereby confessed and acknowledged,ha remised.released.sold.conveyed and QUIT CLAIMED.and by their pre,enta does re mime,release.sell.convey and QUITCLAIM unto the said part y of the second part,her heir. es and assigns.) ,all the right.title., .claim and demand which the said part yof t he first part h a• e5in and to the following described lot or parcel of land aitu ate,lying and being in the Said County of Weld and State of Colorado.to wit The Southwest Quarter (5141/4) of Section One (1), Township Four (4) North, Range Sixty-four(64) West of the 6th R.M., County of Weld. State of Colorado EXCEPTING THEREFROM the West One Thousand Thirty Feet (W 1,030') of the said Southwest Quarter (SW1/4) of Section One (1), Township Four (4) North. Range Sixty-four (64) West of the 6th P.M.. County of Weld, State of Colorado. 1 : L •3 also known as street and number TO HAVE AND TO MOLD the same together with all and smpular the appurtenance,and privilevs thereunto belonging or to anywise thereunto appertaining.and all the estate.right.title.interest and claim whatsoever,of the said part y of the not part,either in law or equity,to the only proper use.benefit and behoof of the said part y of the second put. her heir.and assigns IN WITNESS WHEREOF.The maid part y o the first part has hereusta met her hand and seal the day and year nrel above written. L_tw� &1.._.I/fr ._P.14SEALI i Signed.Sealed and Delivered to the Presence et J$IITH M. MINOR ISEALI ISEALI STATE OPCOLORADO. It -- c. o..' Weld an. The foregoing Instrument was acknowledged before rise this 28th day of October M 83.we Judith M. Minor M>comm,aalineaalrer March 6, .IS86-Wunraa my hand and official seal. floe �. �. 0t' 1217 P.t6 Awtnb€°Greel`ey(Cil Ora o Nw.,.raw.- • , ) . 1 p J, V .. Q c- f rii‘ N..M.N II CLAM ono.-sown..nae.,.aa r..ins..r w.u......p.........r.nu ru.-.11 B 1012 REC 01945561 11/01/83 15:30 53.00 1/001 AR19MS511, Ric F 0104 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO TMISDEEP, side this 28th den or October .7983. between JUDITH M. MINOR et the se ld County of Weld and Date of Colorado Coloredo,of the first pert.and JUDITH M. MINOR 29233 Weld County Road 48 aheee West adareseis Kersey. Colorado orthe said countyor Weld anaateteof Colorado Colorado.of the second part. WITNESSITN.That the said part y of the first part.for and in consideration of the sum of OTHER GOOD MD VALUABLE CONSIDERATION AND TEN AND NO/100 - (S10.00) - - DOLLARS, to the said part-y of the tint part in hand paid by the said party of theaetond pan.the receipt whereof to hereby concerned and eeknawledged,ha S remised.released.sod,conveyed and QUIT CLAIMED.and by these presents doeS remise.releae.eell.cbnrey and QUITCLAIM unto the said party of the second part.her heirs. euceeseore and mvigna,forever all the right,title,interest,claim and demand which the said part y of the first part • has on and to the lollowintdeecnbed lot or parcel of land situate.Hong and being on the said County of Weld and State of Colurede.to wit. The West One Thousand Thirty Feet (W 1,030') of the Southwest Quarter (5W1/4) of Section One (1). Township Four (4) North, Range Sixty-four (64) West of the 6th P.M., County of Weld, State of Colorado; tr •l. elms;mown M street and number TO NAVE AND TO HOLD the Dame.together with all and moguls.the entombment's and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate.right,title.,ntere.t and claim whatsoever.of the said part y of the frstpart,either in law or equity.to the only proper use.benefit and behoof of the said party of the emend part, her belts and coigne foreseer. IN WITNESS WHEREOF.The and part y of the first part has nereunto set her hand end seat the day and year first above rotten. -- ' -4,_CZ Ai_f/ •:rr2_ISEAL) Signed.Sealed and Delivered in the Nonce of JUDIT��--H H. MINOR ,__ ISEALt —1SEALI STATE OF COLORADO. a.. County of Weld The foregoongmatransent was acknowledged before me this 28th dare October 103.w Judah M. Minor Myeommunonnoses March 6th .1986.Wanes,my hand and official sal' ................b 1212 8th Avenue-, Greeley, Colorado ""'r' st C 1 i 9 O J • '' ti4 Na.Na Sin Cuubgw-asses n•Iah.au.1u.04 Nevi Street Anise,tauw•tes tali.-n" E 1020 REC D1955533 02/07/84 16:23 56.00 1/007 F 0904 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO AN195SS33 AFFIDAVIT STATE OF COLORADO) ) as. COUNTY OF WELD ) Richard N. Doyle, of lawful age and under no legal disability, being first duly sworn upon his oath and having personal knowledge of the facts hereinafter set forth, deposes and states as follows: 1. That he is the attorney for the Estate of James Allen Minor died July 9, 1902 as set forth in the death certificate attached hereto. 2. That James Allen Minor was also known as James A. Minor, also known as James Minor, also known as Jim Minor. 3. That at the time of his death the said James Alien Minor was an owner in joint tenancy with Judith M. Minor of the following described property: Lot A of Recorded Exemption No. 1053-1-2-ItE238, being in the Sj of the NW'2 of Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, as per map recorded December 10, 1976 in Book 784 at Reception No. 1705698 and that the said James Allen Minor described in the attached certified copy of Certificate of Death is the same person as James A. Minor described as one of the Grantees in a Warranty Deed conveying title to the above described property to James A. Minor and Judith M. Minor, as joint tenants, which Warranty Deed was dated December 15, 1976 and was recorded December 15, 1976 in Book 784 at Reception No. 1705945, Weld County Records. 4. That the affiant does not have any record interest in the above described real property. 5. Further your affiant sat not. Richard N. Doyle Subscribed and sworn to before me this / / -day of ..r� {� _ 198ii by Richard N. Doyle. My commission expires: Witness my hand and official seal. ......... .... {A0 ary Public C 1719 5th auaa..a .:.... Cw• '. Greeley, Colorado IL ; ,- l) B 1020 REC 0/955533 02/07/84 16:23 $6.00 2/002 F 0905 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO ,�,,,,c,,.rnuv u•n•.o-.,... STATE OF COLORADO CERTIFICATE OF DEATH n..Sm,Anon CO.nds, ...... , .... Of..>�,: - James Allen Minor i. Male Li July 9, 1982 _ '" Allee • American A ;yareh 2,1937 Summit �•,,• ,,,, "" US 3(lgli_i t ,S�6�, e m1les West .. .Rural Summitt e County of som t nfove d—Pass - Ohio USA Married Judy Foreman No ...... 6'v....Cr _2201 3943 -_ • S• elf Employed. s3nr3� ...� _—_ Colorado Weld ,Kersey'80644 29233 WCR_L46___ No._ Keith Minor Fern Rogers Judy Mir= .-,-_-__ ♦ti£e 29233 WQ8 #46 Kersey. CO 9..064e Burialr w 1]/1982 Dunset Memorial Gardens Greeley. CO 890 - MAC'Y=ALttIUTrMORTUA'�IE O a F 5 o /� "' 1.7/c/1982 7/9/1982 4155PN • ';'alter R. ,DeKoevend Box 1 8 Rreckenrid a CO R0424 . .•`.., / _ �, . July 14. 1982 ., • "Exsangulpation , b I, Seyere laceration of upper left leg = ^^,• Yes,. Actor, ,Jf9I1982 4PM YFork lift accident ''Loveland 'Paso (US'Hwy. #6) 3/4 mile W of Vac STATE of COLORADO COUNTY of SUMMIT l h3caby certify this document is a true and correct cop'/ of the original record in my o`5oQyeepsepyed in Breckenridge this L '4 day of Jr.", , A.D., /%/ 2- . !! / •`NOLUalld Arlys IL 11a rd %night, ! Local Registrar of Vital Statistics l ]pj).'• District 0217 r'!rl•R P9_e, By,_:.c..:• pi, _yr:i4e,n, teputy D • •--�-e B 1020 REC 0/955536 02/07/R4 16:26 $6.00 1/002 AR .i5S53b F 0910 MARY ANN FEUERSTEIN CLERIC a RECORDER WELD CO, CO RECOEDEWS STAMP 'N IS DEED Made this 1St day of February — „ py 84 .1,n.= JUDITH M. MINOR �I of the Srote Dprumeeltn 7,14- fGC� T 1�9 ;I said Canoga( Held ..a State of Colo. :;etg n dtha do, Dnt pert,and AMIGO FARMS, In.. . .... • a corporation organised and • t--_ mating tinder and by virtue of tee laws of the Slate of Colorado • of the eerond part: ADDRESS: P.O. Box 60, Milliken, Co. 80544 WITNRSSETH.That the said pan Y of the fiat part,for and in consideration of the sum of THREE HUNDRED NINETY FIVE AND NO/100 - - - - (5395,000.00) - - - - - DOLLARS to the said part Y of the fleet part hi and paid by the said pay of the wooed part, the receipt whereof Is hereby codesed and eckeowledged,has granted,bargained,told and conveyed.and by these present do es rent,bargain,sell.convey end confirm,onto the said Perty of the seead park it.euase.ors and than forever, all of the following described lot or parcel of land,situate,lying and being in else said county of Weld and State of Colorado,to wit: Those portion; of Section 1. Township 4 north. Range 64 West of the 6th P.M. as more particularly described in Exhibit "A" attached hereto and made a part here- cf by reference; TOGETHER with all and singular the hendltamente and appatteaseen therewith belonging or in anima appertaining,and the meson and reversions.remainder and r®alnden,rent.,late and profile thereof:and all •.� Diseases right,title.blerest,claim and demand whatsoever of the said pan Y of the lint part,either in law or equity,of,N and to the above bargained premises,with the hereditemente and appurtenances. ) TO HAVE AND TO HOLD the said premiss.above bargained and described,with the appurrtenanees,unto the meld party of the second part,Its ameer.on and.seta s forever.And the said pan Y of the first part.for her awl f, her who,asanbrs,and administrators•do es covenant,grant,bargain and agree to and with the said party of the area part,its aueee.snn and assigns.that at the time of the eneeaReg and dailvers of twee means, she is well seised of the premiaea above conveyed,at of good, son,perfect,absolute and Indefeasible rate of inheritem,In law,in tee simple.and has good right,fa power and lawful authority to [rank bargain.sell and mosey the same in insane and form so aforesaid,and that the same Si.Area end ciao frees • all fanner and other gr.op bargains sales liens s uee lazes, eements end encumbrances of whatever kind or nature SUBJECT TO taxes for the calendar year 19P,4 and subsequent years, covenants, con�itions, restrictions, reservations, easements, rights and rights of way of - record AND THE MORTGAGE to The Federal Land Bank of Wichita dated February 23. ' 1978 and recorded March 3, 1978 in Book 824 as Reception $1746324, Weld County Leo da h ch b e gonerig.%fah pDeeee, Secon krit4 u eLa�rea5 Rayi mica...ors and area against a end ewer pnaon or persons awfully dealt[er to claim the whole or any pert thereof,the said party of the Brat part shall sad will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF,The ad partY of the first part ha S beremte set her band and..al a.day and year first above written. ad Signed.Sealed Deland a the Praia of M.YIII2 i_ 1.....1e.i t`±tLISEAL] Jp0ITH _.___._.._..._...__..__..___.__(SEAL] _._.___...__[SEAL] . STATE OF COLORADO. • Cosnty ay Weld sa' • Tee foregoing matnseent was acknowledged before as this 1st day of February • 19 84,by Judith N. Minor. i My enmol.5tar`gitsa ` -I5tch 6, 1986. i. of / wrmQid mj-Lsad.N Mal seat r Inc - ten nrenue. Greeley, Lolorado u+en rater Nws32.WARRANTY pan To coaragalose—vet nasthebe tad. —.J• • n,easee AMM0N'ra 112444 Mod Wok Dn,w.Caleadawn B 1020 REC 01955536 02/07/84 16:26 $6.00 2/002 F 0911 MARY ANN FEOERSTEIN CLERK I. RECOPDEP WELD CO, CO EXHIBIT "A" LEGAL DESCRIPTION: PARCEL I: of Lot A of Recorded Exemption No. 1053_152 RE-238h, eaing ngein the hesSouth t1/26of the Northwest 1/4 of Section d , 1, Township December 1D, 1976 in Book P.N., Weld County, Colorado, as per map 784 as Reception No. 1705698; TOGETHER WITH an undivided 1/2 interest in and to Grantor's oil, gas and mineral rights underlying said land WHILE EXCEPTING AND RESERVING unto Grantor an undivided 1/2 interest in and to said rights for for a term of twenty-five (25) years from the date of this Deed or as long als hich time ther said emineral rights l shall u revert to the ction of rthen legalll cowner uof the w surface. PARCEL II: Lots A and B of Recorded Exemption No. 1053-1-3-RE 653, being located in the Southwest Quarter of Section 1, Township 4 North, 64Range 1984 s Book 1018 as Wet the 6th p N Weld County, Colorado. as per map recorded January 18. Reception No. 1953452. and lot A of Recorded Exemption No. 1053-1-3-RE 654, being located in the Southwest Quarter of o. Township ecordedh, Range 64January 18. 1984 in the Book6th 1018N., Weld as Reception County.. 451, EXC• as p gas and other minerals underlying said lands. No. 1953451, EXCEPT any and all oil, PARCEL III: TOGETHER WITH four (4) shares of Capital Stock of The Lower Latham Ditch Company,one and Company. fourslf ( shares(4) shares of CapitalCStockl Stock of The e Lower Latham Lower Latham Extensions pitch Company and two (2) irrigation wells and plumping plant. • Reeora:unt tiara M.. 'Reception No. .. _.—Retailer. 305 WARRANTY DEED FILING STAMP THIS DEED, Made this 13th day of September ,19 96 . between Amigo Farms, Inc. U035285'?' a corporation duly organized and existing under and by virtue of the laws of the Stale of Colorado ,of the fast part,and Herbert G. Pankow and Shirley M. Pankow whose legal address is 9028 Weld County Road 59, Keenesburg, CO 80643 ofthe County of Weld ,and State of Colorado ,of the second part; WITNESSETH.That the said party of the first part,for and in consideration of the sum of THREE HUNDRED DF 33.t THIRTY THOUSAND AND NO/100 DOLLARS.($330,000.00 ), to it in hand paid by the said parties of the second pan,the receipt whereof is hereby confessed and acknowledged,has granted. bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey sad confirm,unto the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such survivor forever,all the following described lot(s)or parcel(s)of land,situate,lying and being in the County of Weld .and State of Colorado,to wit See Description attached hereto and made a part hereof. 2511305 8-1567 P-125 09/17/96 03:22P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukanato Clerk & Recorder 11,00 33.00 also known by street and number as Vacant Land, Weld County,Colorado TOGETHER with all and singular the hereditamenls and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the said party of the first part,either in law or equity,of,in and to the above bargained premises, with the hereditaments and appurtenanaa. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the said parties of the second part,the survivor of them.their assigns and the heirs and assigns of such survivor forever. And the said party of the first part,for itself,and its successors and assigns,does covenant,grant,bargain and agree In and with the said parties of the second part.the survivor of them,their assigns and the heirs and assigns of such survivor,that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed.as of a good.sure.perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soevcr,except for taxes for the current year,a Tien but not yet due and payable,easements,restrictions,reservations,covenants and rights-of-way of record,it any, . and the above-bargained premises in the quiet and peaceable possession of the said paves of the second part,the survivor of them. their assigns and the heirs end assigns of such survivor,against all and every person or persons lawfully claiming or to claim the hole or any part thereof,shall and will WARRANT AND FOREVER DEFEND. -singular number shall include the plural,the plural the singular.and the use of any gender shall be applicable to all genders. k rrN ITNESS WHEREOF,the said party of the Cunt part has caused its corporate name to be hereunto subscribed by its `tA P e- dent std its corporate seal set he hereunto affixed,attested by its d and ye boa g s Rya f% Robert E. rlich, President By:Stanley J. Liss, Assistant Secretary as Attorney in Fact STATE OF COLORADO ) COUNTY OF WELD I �p,T p The foregoing instrument was acknowledged before me this 13th day of Septembe pl9 9 6 ,by'G'\ Stanley J. Liss, Assistant Secretary for Amigo Farms, Inc. a wyttrpe ire-,e...ill, Fact for Robert E. Ehrlich as President for Amigo Farms, In 1 ." IEALKte, In) 1 s My Commission capita: July 15, 1997 \...(t\/ " :��� ' Witness my hand and official seal. r Notary Public Carrie Walker wsocsre WARRANTY DEED'From Caporalae to told Tenants Flee UO352i5 A96 • • • LEGAL DESCRIPTION O8 DEED DATED September 13, 1996 Parcel 1: Lot A of Recorded Exemption No. 1053-1-3-RE654 recorded January 18, 1984, in Book 1018 at Reception No. 1953451, being a portion of the Southwest Quarter of Section 1, Township 4 North, Range 64 West of the 6th P.M., Wald County, Colorado. Parcel 2: Lot A of Recorded Exemption No. 1053-1-2-RE238 recorded December 10, 1976, in Book 784 at Reception No. 1705698, being a portion of the South Half of the Northwest Quarter of Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. Parcel 3: Lot A and B of Recorded Exemption No. 1053-1-3-RE653, recorded January 18, 1984 in Book 1018 at Reception No. 1953452 being a portion of the Southwest Quarter of Section 1, Township 4 North. Range 64 West of the 6th P.M., Weld County. Colorado. Together with: Two (2) Irrigation Wells: Case No. 83 CW226-6230, W265-6838 Four (4) Shares of Lower Latham Ditch co. One and One-half (1 1/2) Shares of Lower Latham Reservoir Co. Four (4) Shares of Lower Latham Extension Ditch Co. One (1) Central Weld Water District Water Tap 2511305 8-1567 P-125 09/17/96 03:22P PG 2 OF 2 Nog unD2$5A% • I I653 111111111111 111 11111111111 l l l l l 115 11111111 111 I 3296553 05/22/2005 11:19A Weld County,CO 1 al 3 R 16.00 0 70.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: Shelf of Greeley Seven, LLC, a Colorado limited liability company SDF $70.00 F 0 0...x.645 ,.GB- Ltkldoa„1 ro goc SS WARRANTY DEED THIS DEED, dated June 17, 2005, between Shirley M. Pankow,of the County of Weld and State of Colorado, grantor(s), and Shelf of Greeley Seven, LLC,a Colorado limited liability company, a corporation organized and existing under and by virtue of the laws of the State of Colorado, whose legal address is TED, , CO , of the County of Weld and State of Colorado,grantee(s): WITNESS,that the grantor(s),for and in consideration of the sum of Seven Hundred Thousand and 00/100 Dollars ($700,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" also known by street and number as: TBD, ,CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right,title, interest,claim and demand whatsoever of the grantor(s), either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions,restrictions, reservations,and rights of way of record,if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above, ,,Ail Vtrx.`P1 i c)a.nk rrw"--- Shirley M. Paiko STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me on lune 17, 2005, by Shirley M. Pankow. Witness my hand and official seal. _ My Commission Expires: \O\'aoi\r,C otary Public N,,` Ir S ( JEANETTE i SNOW _I rr,0\ File No.LTMv0000r, 9 .-' ..._.,,... 'ato' oy1 Doc-WD tndv to Co 'y,F'di c. �'" LTG • All Ill%II 111111{I{IIlIl Illl III Nil liii ill 3296653 0 005 11.19A Weld County,CO 16.00 2 of 3 R 16.00 D 70.00 Steve Moreno Clerk b Recorder File No.LTMV000004J EXHIBIT A Parcel 1 Lot A of Recorded Exemption No. 1053-1-2-RE236 recorded December 10, 1976 In Book 784 at Reception No. 1705698, being a portion of the 51/2 of the NW1/4 of Section 1,Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 2 - Lot B of Amended Recorded Exemption No. 1053-01-03 AMRE-2711 recorded April 28, 2005 at Reception No. 3281416, being a portion of the SW1/4 of Section 1,Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3 Lot B of Amended Recorded Exemption No. 1053-01-3 AMRE-3274 recorded April 28, 2005 at Reception No. 3281417, being a portion of the W1/2 of the SW1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Grantor hereby reserves a 16 feet In width, nonexclusive ditch easement for the use ohly for drainage and tail water across the property connveyed to Grantee in the location described in proposed ditch easement#3 on Exhibit A, together with the right for Ingress and egress to maintain such ditch. The said easement shall run with the land and shall be appurtenant to the property owned by Grantor which is located South and adjacent to the property conveyed by this deed. Grantor reserves 60%of all oil,gas, and other minerals owned by Grantor. PROPOSED DITCH EASEMENTS EXHIBIT Part of the West Half of Section 1—T.4N.—R.64W. I. 'ate x; '''',n' 49 is- 0„ ,, ' — ,,,..4- )„Ns,. PROPOSED DITCH EASEMENT #3 -"r-fi its III .fl t s., �%'ti,. yy ..� COerg . 167 _ - ". ___ __ it o t.• aoo �N 0 q_3 --cci , `;3 I � m e -os e ' G N\O ell 1 ' 1 • PROPOSED DITCH } EASEMENT #3 _ c .- \ O -PROPOSED DITCH ��pIOPOSED DITCH o in EASEMENT #1 E�SEMENT #2 1 +1 * In N. II O in N I O uo I `f f f . r re �` KING SURVEYORS, INC. PROJECT NO: 2004493 ��� 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 04-26-05 "millidrir PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: PANKOW/SHELF / WWW.KINGSUR VEYORS.COM DWG: 2004493E5MT-A • 111111111111111111111111111111111111111111 223 3386223 05/09/2006 02:01P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED, Made this 20th day of April, 2006 between Shelf of Greeley Seven, LLC of the County of Weld and State of Colorado, Grantor, and Shelf of Greeley Seven, LLC Whose legal address is P.O. Box 645, Weldona, CO 80653 of the county of Weld and State of Colorado, Grantee: WITNESSETH,That the grantor(s)for and in consideration of the sum of ONE AND 00/100,($1.00) Dollars,the receipt and sufficiency of which is hereby acknowledged,has remised, released,sold and QUIT CLAIMED,and by these presents do remise,release, sell and QUIT CLAIM unto the grantee(s),Its heirs,successors and assigns forever,all right, title, interest,claim and demand which the grantor(s)have in and to the real property, together with improvements,if any situate, lying and being In the County of Weld and State of Colorado,described as follows: Lot"A"of Recorded Exemption RE-238 being part of S2NW4 Section 1, Township 4 North, Range 64 West of e P.M., recorded 12/10/1976 at reception 1705698; AND Lot "B" of Amended Recorded Exemption AMRE-2711, being part of SW4 Section 1,Township 4 North, Range 64 West of 6th P.M., recorded 4/28/2005 at reception 3281416 also known by street and number as unnumbered land WCR 59. Kersey, CO. TO HAVE AND TO HOLD the same,together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate, right,title,Interest and claim whatsoever, of the grantor(s), either in law or equity,to the only proper use,benefit and behoof of the grantee(s),its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. BY: `34----'12°`34----'12°- 24'1( Linda Ruiz, Manag r Shelf of Greeley Seven, LLC State Of Colorado `,OSpHY FV,4 1, sist The foregoing instrument was County of Weld ) 5 ( KIRK t �� acknowledged before me this t GABLE )` L_day% c.tL, 200L. N Witness my hand and o ray ......••''�Q�' My commission expires: tt;�+ •1 tt otary Pubic Name of person creating new legal description: n/a—no new legal A U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency Expires February 28.2009 National Flood Insurance Program Important: Read the instructions on pages 1-8. SECTION A-PROPERTY INFORMATION For Insurance Company Use: Al. Buildingg Owner's Name Policy Number , AZ Building Sgeet Address(nug Unit Suite,and/or Bldg.¶1o.)or P.O.Route and Box No. Company NAIC Number Nei a %sir State ZIP Code C"%!cr-sgel/ Ca Shut 44 A3. Property Description(Lpt and Block Numbers,Tax Parcel Number,Legal Description,etc.) eget:eh-arca r'-<r%n.Oi•',A', rvo iO 5q-0/-00- c' 41451 i Lel A A4. Building Use(e.g.,Residential,Non-Resider Addition,Accessory,etc) RG�.51rPG'vonc Klf A5. Latitude/Longitude:Lao go O�r`3 0 Ai Long. 14�J4 JSO' i9-14/ Horizontal Datum: 0 NAD 1927 1K NAD 1983 A8. Attach at least 2 photographs of the build if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 8 A8. For a building with a crawl space or enclosure(s),provide: /V//A A9. For a building with an attached garage,provide: a) Square footage of crawl space or enclosure(s) sq fl a) Square footage of attached garage sq ft b) No.of permanent flood openings in the crawl space or b) No.of permanent flood openings In the attached garage enclosure(s)walls within 1.0 foot above adjacent grade walls within 1.0 foot above adjacent grade c) Total net area of flood openings in AB.b sq in c) Total net area of flood openings in A9.b sq in SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION Bt.NFIP Community Name&Community Number 82.County Name 83.State P,80‘7446 _61717-5 d "Vet"td CeVar 84.Map/Panel Number 85.Suffix 86.FIRM Index 67.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone Date - Efeptive/Reyised Date Zone(s) AO,use base flood depth) 090 &ob 01150 R• ae/fl cot/tts?// Al 46 /Z B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth t entered in Item 89. 0 FIS Profile 0 FIRM 0 Community Determined ia.Other(Describe) 11.56-5 #3 Ate/ 811. Indicate elevation datum used for BFE in Item 89: ❑ NGVD 1929 JNAVD 1988 0 Other(Describe) B12. Is the building located In a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑Yes Z No Designation Date 0 CBRS 0 OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) Cl. Building elevations are based on: $Constnulion Drawings' ❑ Building Under Construction' ❑ Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations—Zones At-MO,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-g below according to the building diagram specified in Item Al. i �yy. Benchmark Utilized Of S4'cfteo 'rluse+tn ds y 4 vertical Datum Ai9 V!P /?SS Conversion/Comments .*e Aids ass t .. .D•% Ar n' /�`✓ a 49 2007 Check the measurement used. a) Top of bottom floor(including basement crawl space,or enclosure floor) - D . O ®feet ❑meters(Puerto Rico only) b) Top of the next higher floor feet ❑meters(Puerto Rico only) c) Bottom of the lowest horizontal structural member(V Zones only) 1 feet ❑meters(Puerto Rico only) d) Attached garage(top of slab) /B.� feet ❑meters(Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building 419.Q feet ❑meters(Puerto Rico only) (Describe type of equipment in Comments) f) Lowest adjacent(finished)grade(LAG) 2.040/1.,..1 feet 0 meters(Puerto Rico only) g) Highest adjacent(finished)grade(HAG) 44611. feet ❑meters(Puerto Rico only) ,1 SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,Of architect authorized by law to certify elevation `f,�,•r information. l certify that the information on this Certificate represents my best efforts to interpret the data available. ,.� 'r.,y,•w I understand that any false statement may be punishable by fine or imp$sanment under 18 U.S.Code,Sedan 1001. y O` y. 5Pip s' ^�j� S ' ❑Check here if comments are provided on back of form. i ,,. J Ji nn, nth ,Q l4/ie., ?l5 9644 sEA c��Ikrs Name License Number;_ `�G .4tit Hag _ so Vn /Ores,:derv! A,,N 1 .-nc/ AZ c. Hy�^ :N �'/ -4 di N. Zrid5t- r% ry/ P• Co , eyaC45 I "'tar:!r ,�e,.� 0 Address�� State - ZIP Code �. ':. ). W City .5 ZL P7 yea-P:041 —?5-62C `: —4,,� '`t ,, Signatutp�j/r Jv� _ —._ / (21€ 0 Date Telephone , I �,, '•�n...1V N, \` /^' See reverse side for continuation. -. Replaces all previous editions FEMA Form 81-31,February 2006 IMPORTANT: in these spaces,copy the corresponding information from Section A. For insurance Company Use: Building Street Address(including Apt,Link Suite,and/cr Bldg.No.)or P.O.R9ute and Box No. Policy Number At�clir'95 'WV fr ye/ asc,,hneQ' City State ZIP Code Company NAIC Number fSC'f �rl C O ,gads SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments Signature Date ❑ Check here if attachments SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BEE),complete Items E1-ES. If the Certificate Is intended to support a LOMA or LOMR-F request complete Sections A,8, and C. For Items Et-E4,use natural grade,If available, Check the measurement used. In Puerto Rico only,enter meters. El. Provide elevation Intimation for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement crawl space,or enclosure)is feet ❑meters 0 above or ❑below the HAG. b)Top of bottom floor(Including basement,crawl space,or enclosure)is__ feet 0 meters 0 above or ❑below the LAG. E2. For Building Diagrams 8-8 with permanent flood openings provided Sectgp,p,Items 8 gpQ/or 9(see gage 8 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is . LJ feet U meters (J above or U below the HAG. E3. Attached garage(top of slab)is ._❑feet❑meters ['above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is _❑feet 0 maters 0 above or 0 below the HAG. E5. Zone AO onhL If no flood depth number Is available,Is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? U Yes 0 No 0 Unknown. The local official must certify this information In Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-Issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A,B,and E are correct to the best of my knowledge. Property is or s dzed Representa•tive's Name City State Code C ZIP ode Address7%O J/ Ae A1/0" ✓e .5‘.4,k /07 °reeler/ CO Signature Date Telephone Comments ❑Check h SECTION G-COMMUNITY INFORMATION(OPTIONAL) aThe nd G fl official tors Elevation Is Cutoated byC law or ore ordinance the applicable to administer tta and cosig Check thine management asuns Bement used in Items G8. ie a S.�ns A,B.C(or E), G1. ❑ The Information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation Information. (Indicate the source and date of the elevation data in the Comments area below.) G2. 0 A community official completed Section E for a building located in Zone A(without a FEMAdssued or community-issued BEE)or Zone AO. G3. 0 The following Information(Items G4.-G9.)is provided for community floodplain management purposes. G4.Permit Number 65. Date Permit Issued G8. Date Certificate Of Compliance/Occupancy Issued G7.This permit has been issued for. ❑ New Construction 0 Substantial Improvement G8.Elevation of arbuitt lowest floor(including basement)of the building: ._ 0 feet 0 meters(PR) Datum G9.BFE or(in Zone AO)depth of flooding at the building site: 0 feet 0 meters(PR) Datum Local Official's Name Title Telephone Community Name - Date Signature Comments 0 Chock hurt.If attachments Replaces ell previous editions FEMA Form 81-31, February 2006 • Building Photographs See Instructions for Item A6. For Insurance Company Use: Building Street Address(including Apt,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number City State ZIP Code Company NA'C Number If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; 'Front View"and'Rear View"; and, if required, "Right Side View" and 'Left Side View.' If submitting more photographs than will fit on this page, use the Continuation Page, following. 0 Y Building Photographs Continuation Page For Insurance Company Use: Building Street Address(including Apt,Unit Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number City State ZIP Code CompanyNNC Number If submitting more photographs than will fit on the preceding page, affix the additional photographs below. 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