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C A1N000 013M SO NOINlhsla 001*-38 1090-83A0 {IV0o1^V l090-83-'0 '0N sor S 0 0 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4100 - DAVID AND JANICE DYER WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board,that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4100, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#4100 was submitted by David and Janice Dyer,28248 Weld County Road 74,Greeley,Colorado 80615,do Terra West Real Estate Services, Attn:Cody Hollingsworth,800 8th Avenue,Suite 323,Greeley,Colorado 80631,for property which is located in part on the following described real estate, to-wit: Part of the SW1/4 of Section 35, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the platwhich 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 40.71 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#4100 by David and Janice Dyer is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. Prior to recording the plat: A. The applicants 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"altemative building envelope." All building envelopes shall take into consideration impacts to productive farm ground, as well as the location of incompatible uses, floodplains, ditches, wetlands, geological hazards, accesses, preferable 2006-1705 ill! PLCMat ne7° RE4100 .rYl-J/.dlo 0 0 RE #4100 - DAVID AND JANICE DYER PAGE 2 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. 0711-35-4 RE-4100. C. The applicants shall provide evidence that the existing access is within the boundaries of the property, or provide a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress, and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. D. Lots A and B shall share the existing access,as no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all-weather access. A 30-foot-wide joint access and utility easement crossing Lot B, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. E. The access point shall be clearly shown on the plat. F. Weld County Road 57 is designated on the Weld County Road Classification Plan as a vacated County road. This road is not maintained by Weld County. G. Weld County Road 74 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. A total of 70 feet from the centerline of Weld County Road 74 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 74. This road is maintained by Weld County. H. The West Greeley Soil Conservation District has provided information regarding the soils on the site.The applicant shall review the information and use it to positively manage on-site soils. The applicants shall address the requirements of Weld County School District RE-2, as stated in the referral response dated May 16, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. J. 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. K. The applicants shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2006-1705 RE4100 0 0 RE #4100 - DAVID AND JANICE DYER PAGE 3 L. The applicants shall submit a Private Improvements Agreement regarding collateral,for all improvements to the road and signs,for acceptance by the Board of County Commissioners prior to recording the plat, or the improvements shall be completed and approved by the Departments of Public Works and Planning Services prior to recording the plat. M. The applicants shall address the requirements and concerns of the Galeton Fire Protection District, as stated in the letter signed by Clint Heidenreich. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. N. The applicants shall address the requirements of Weld County School District RE-2, as stated in the referral response dated March 3, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. O. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery,or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits,the applicants 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. 2006-1705 RE4100 0 0 RE#4100 - DAVID AND JANICE DYER PAGE 4 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or B have an adequate water supply of sufficient quality, quantity, and dependability. 7) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicants must comply with the requirements of Appendix III-A of the International Fire Code. 8) Should noxious weeds exist on the property,or become established as a result of the proposed development,the applicants/landowners shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9) 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. 10) 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. 11) 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. 12) Weld County's Right to Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 3. The applicants shall submit two(2)paper copies of the plat,for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies,the applicants shall submit a Mylar plat,along with all other documentation required as Conditions of Approval. The Mylarplat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylarplat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2006-1705 RE4100 O RE #4100 - DAVID AND JANICE DYER PAGE 5 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 26th day of June, A.D., 2006. BOARD OF aUNTY COMMISSIONERS Lai 4S WELD CO TY, COLORADO ATTEST: ��j / d �► . .0 �ile, Chair Weld County Clerk to the .oar [ David E. Long, Pro-Tem , BY: Dep Clerk the Board Will . Jerke APP V AST • obert D. Ma fd n Atto ey kik ,,��,� Glenn Vaad VV Date of signature: :1[8.h2 2006-1705 RE4100 0 0 46 arl MEMORANDUM VI TO: Board of County Commissioners May 10, 2006 - COLORADO FROM: Jacqueline Hatch, Michelle Martin & Chris Gathman SUBJECT: RE-4100, RE-4119 & RE-4149 The Department of Planning Services has forward applications RE-4100, RE-4119 & RE-4149 to the Board of County Commissioners. The applicants are David & Janice Dyer represented by Cody Hollingsworth with Terra West Real Estate. Background information RE-4100: Complete Application: April 11, 2005 Legal Description: Pt SW4 of Section 35, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number: 0711 35 000018 Location: North of and adjacent to CR 74; and east of and adjacent to CR 57 Staff Approval: RE-4100 was conditionally approved by the Department of Planning Services on June 10, 2005. Acres: 45 +/- Background information RE-4119: Complete Application: May 3, 2005 Legal Description: Lot B of RE-1555; Pt E2 NE4 and W2 NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number: 0711 34 100039 & 0711 34 1000340 Location: South of and adjacent to CR 76; and west of and adjacent to CR 57 Staff Approval: RE-4119 was conditionally approved by the Department of Planning Services on July 8, 2005. Acres: 155 +/- Background information RE-4149: Complete Application: June 6, 2005 Legal Description: Lot C of AMRE-2001; Pt SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number: 0711 34 400050 Location: North of and adjacent to CR 74; and west of and adjacent to CR 57 Staff Approval: RE-4149 was conditionally approved by the Department of Planning Services on July 20, 2005. Acres: 153.42 +/- Dyer-Page 1 2006-1705 O After further review of the submitted paper plats the Department of Planning Services has noticed that RE-4100, RE-4119 and RE-4149 intends to share an internal access off of County Road 74. All three Recorded Exemption applications were reviewed separately since they were submitted at separate times and did not state in the application that the access to the lots would be combined with other Recorded Exemption applications. Staff has determined that at this time the applicant is proposing the access to be used by eleven (11) lots with out utilizing the subdivision regulations. Staff has also noted that in five years the applicant will be eligible to add up to an additional seven (7) lots to utilize this access for a total of eighteen (18) lots utilizing one private access. The applications are in compliance with many of the requirements outlined in Section 24-8-40 of the Weld County Code but after further review, by the Department of Planning Services and Department of Public Works, staff has determined that the following conditions have not been addressed. RE-4100 Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The proposed recorded exemptions will be sharing a common access. The number of lots to be created is consistent with an urban scale subdivision/PUD. A PUD process is the appropriate process to address this proposal as the recorded exemption process does not provide the appropriate review process to address concerns such as access, emergency services and school district requirements. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. RE-4119 Section 24-8-40.C.4 a new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. Condition 3.C states The applicant shall reconfigure Lots A-D so they have access from County Road 76 or the applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. Evidence of the Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. Condition 3.G The applicant shall address the requirements (concerns) of Weld County Department of Public Works, as stated in the referral response dated 5/24/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Dyer- Page 2 O In the Memorandum dated May 24, 2005 from Don Carroll with the Department of Public Works states, "The Weld County Department of Public Works has concerns with the public right-of-way access. Please see attached memorandum about the vacation of County Road 57." RE-4149 Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. Condition 3.C states C. The applicant shall submit to the Weld County Department of Planning Services one of the following: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. 2) Evidence that the access is dedicated as right-of-way by Weld County. 3) A 30 foot wide joint access and utility easement extending from County Road 74, for the benefit of Lots A, B, C and D of this RE and Lot A of AMRE-2001, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. The original application delineated the accesses to all four (4) lots to be off of a 30' private drive running along the eastern portion of the lot. After review of the paper plats the Department of Planning Services noticed that there were notes on the plat stating that the access would also be used for Lots, A, B, C, and D of RE-4119. The applicant then submitted an additional set of paper plats and staff noted on that plat that the access would also be used for Lot A and B of RE-4100 in addition to Lots, A, B, C, and D of RE-4119 and Lots A, B, C and D of RE-4149 and Lot A of AMRE-2001. Summary After review of the paper plats the Department of Planning Services and the Department of Public Works requested the applicant to contact the Galeton Fire Protection District, Eaton School District (RE-2). Attached are the preliminary comments from the Galeton Fire Protection District, and Eaton School District (RE-2). The fire district is requesting that a fire hydrant be placed at the intersection of County Road 57 and County Road 74 on the north side of County Road 74 at the entrance to the proposed properties. The school district is requesting a cash-in- lieu payment in the amount of$1,043 per lot and that a bus shelter be provided. The size of the structure should be approximately 6' x 10' located in the southeast corner of Lot A of RE-4149 at the intersection of County Road 57 and County Road 74. The Department of Public Work has requested the access drive shall be 60' in width including eye brows, bulb outs and turn arounds located in the appropriate places. While many of these concerns the applicant has attempted to address the Department of Planning Services has concerns that this scale of development has not had the proper review by County staff, referral agencies, and the public. Dyer-Page 3 O The Department of Planning Services is requesting that these three Recorded Exemptions (RE- 4100, RE-4119 & RE-4149) be denied and the applicant proceeds with the Planned Unit Development (PUD) process. Staff has determined that the number of lots sharing a common access road is urban scale development and should be reviewed through the PUD process. The Recorded Exemption process is an exemption from the subdivision process and is not adequate to address access, emergency services, school district, etc concerns. There is also not a public notice requirement for Recorded Exemptions which is required for urban scale PUD's which allows the public to express any concerns/issues with the proposed development. Dyer-Page 4 • O O 10:461 DEPARTMENT OF PLANNING SERVICES WimpleRECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: David &Janice Dyer RE-4100 Planner: C. Gathman Legal Description: Part SW4 Section 35, T7N, R64W of the 6th PM, Weld County Parcel ID#: 0711 35 000018 Lot A Size: +/-5 acres Lot B Size: +/-41 acres Lot C Size: NA Lot D Size: NA Water Source: North Weld County Water Sewer System: Septic District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X a Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Q 4 2. 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. 0711-35-4 RE-4100 C. The applicant shall provide evidence that the existing access point is within the boundaries of the property or provide a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. D. Lots A and B shall share the existing access point, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access.A 30 foot wide joint access and utility easement crossing Lot B,for the benefit of Lots A and B,shall be shown clearly on the plat.The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The access road shall be graded and drained to provide all weather access. E. The access point shall be clearly shown on the plat. F. County Road 57 is designated on the Weld County Road Classification Plan as a vacated county road. This road is not maintained by Weld County. G. County Road 74 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. A total of 70 feet from the centerline of County Road 74 shall be delineated on the plat as right- of-way reservation for future expansion of County Road 74. This road is maintained by Weld County. H. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. I. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated May 16,2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. 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. K. 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. L. 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 0 0 the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) 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. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or B have an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 8) 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. 9) 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. 10) 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. 11) 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) 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices O and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102,C. R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. O 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. 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 June 10, 2005 Chris Gathman + Planner II -AICP Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering v Boundaries of Lots Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? 1/ Roads labeled,including R.O.W LA Building Envelope(s) 13I Tt Vicinity Map Suitable Scale? (Minimum 1"=2000') I� North Arrow n Legal Description CECtS Opt a 4b MCc CO K T� Notes from Planner/ Ads// Dwao\ ,t9,v-- Development Standards Conditions of Approval —Zvavt-oty+^^a r\--t A5cos.”- -.*— kodA @ 5;'t thacIA w Wh. )- o Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed, Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if Certificate Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) Certificate I f A 1 Board Certificate (USR, COZ„Minor Sub Final) qq\\ r r7(Final PUD,RE, SE&ZPMH if Board approved) N Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) N J4 Easements I r �IA '' G Please return the plat to the CAD Technician within 24 hours of receiving the plat. _? � q/05 Planner on Call: (Initials) Planner Signature: Date: Po,,;n (c-x. aselro QA:0\ice 1� �4 a.- -SCO n p is MS. k0tc4.1 FaracE_ —Ma 2> ' pICMR - 1&{.anS 50 -S -CtIACI Ck- nt. hi:_-:-_- it oo Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36"or 18"x 24"/Minimum 3 millimeter polyester sheetA . Lettering No stick-on lettering / Minimum 8 pt.lettering 1.----------/ Boundaries of Lots L.------- Scale Suitable Scale?(1"=200'or 1"=100') 1/ . Accesses indicated Shared Access?If so,is easement Certificate included? M W �- CAASit'Ja Roads labeled,including (�,G- 1 I\0 rt" R.O.W 5RA- C -- 1 �( r A60255 55 Building Envelope(s) jai 5'‘.T-,- of h WAC\6 (-Ili of: `-'*5 Vicinity Map Suitable Scale?(Minimum 1"=2000') ( � North Arrow Legal Description Notes from Planner/ 4, Development Standards Conditions of Approval - - \'' ‘ .O 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 F' Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if j/ Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub. Final) f1/� Certificate Board Certificate (USR,COZ„Minor Sub Final) ("7 ---7 ADC) (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) N /A Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: n f) MGUL o-1/4C-. Ar - Q.c 5 Site 54D? ( 5,2 kCOX, IOGCi'fl\oh vc -►t ` dV ) (0.S iovn —S o" 2_a —+ 46:4_ VS , Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (1"=200'or 1"=100') ✓ Accesses indicated Shared Access? If so, is easement Certificate included? t Roads labeled, including i P1T4) R.O.W ProPtlY ON s *1 Ow MILL Building Envelope(s) rt' SS Vicinity Map Suitable Scale? (Minimum 1"=2000') �� lit4 ; North Arrow ✓ Legal Description F� Notes from Planner/ Development Standards ..�� Conditions of Approval of J2E Z 721/4 ccs. Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats t/ Surveyor's Stamp Note: USR plats do not need to be surveyed. Director of Planning Notarial Certificate included?(RE,SE, SPR,Final PUD if Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub.Final) N)A Certificate Board Certificate (USR,COZ,,Minor Sub Final) N /A (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N /A {jA Easements 14 I P Please return the plat to the CAD Technician within 24 hours of receiving the plat. -- ?KN J"wl aw &.. ► ZIN/o5— ct . Planner on Call: (Initials) Planner Signature: Date: 712-61/Zco p — un +.C : �..( scuffs 04(4; Ot ' AGG-C'SSft cr-ESS F 4 c re_ ? ac$ rivof, a ,+ �e7 0 5'irJ j4 A /Lot 8 G i-icateA N To clt o w/ 000 n O LOW -17115 35 0.4 4—IA' 1c, 3s, YQ-S. ( A9ccQdo& access (�Cot{�- c �01ca4°.#1 Je ,a - s. L-I�recOQC3,6 �S$ at ,Lc- 04;0 o'f ilenn JA&tQ - Y¢s. s.)+, 40ssis oak WCP.T anviSion2SZ. (A- we- °-ee k 1l-lo`r ge Prz`ass . 1. -1-4100— ,-eo N.� tom , M1s yLv _ .z5° ice` :e FA 4/ " ." S RS I - '.y% y v I _J x "aia- T. is h 41.77'16' • a� Ste' -i+�.k-a9' Y c , "iy t^ _; sn .3� 1�t ^a Ya.'�t a...'' __.- A - WELD COUNTY BUILDING DEPARTMENT NORTH OFFICE SOUTH OFFICE. _:....,--:i:_.-4- 918 10 STREET 4209 CR 24.5 GREELEY, CO 80631 LONGMONT, CO 80501 1` =lc x3540 cc�'�oRanO (970)353-6100 0201 s52-4210 xs730 '-=:-;.�: INSPECTION REQUEST INFORMATION- '• ;- f FOR ALL BUILDING INSPECITON REQUESTS: :- , "31': CALL 356- 6 INSIDE GREgLEY CALLING AREA OR, =� :...,I, 1-800-234-2534 OUTSIDE THE.GREELEY:CALLING AREA. tAeCtrical Permit INSPECTION REQUEST LINE OPERATES 24-HOURS A DAY`. BUILDING PERMIT i. 44.00 .00 NAME r& u .rJ -�,r,,�` r ' ^ _ 44.00 ADDRESS/LEGAL _ : r1 PRIMARY INSPECTORS: •BUILDING -::.• • •• • . Amount... _. . . . \ 114 - 44 .00 ELECTRICAL , Iiii 44.00 THE ABOVE INFORMATION PLUS THE EXACT INSPECTIONS YOU ARE READY FOR ARE REQUIRED WHEN REQUESTING AN INSPECTION. IF ::1-1-Ient Pmts THE PERMIT NUMBER, THE REQUESTED INSPECTION(S), ADDRESS IS INCOMPLETE OR::.CANNOT BE UNDERSTOOD FROM.. .. 44 .00 YOUR CALL,THERE IS A RISK•THAT THE;:INSPECTION CANNOT BE - 44.00.- 4•ao SCHEDULED. WE ARE NOT RESPONSIBLE FOR INCOMPLETE OR NON-UNDERSTANDABLE INSPECTION REQUESTS.-. • . - • IF YOU REQUEST AN INSPECTION BEFORE 3.00 ':PM ON ANY " ..- BUSINESS DAY, THE INSPECTION WILL BE MADE THE. NEXT BUSINESS DAY. IF YOU REQUEST AN INSPECTION ASR IVO P6_►, . THE INSPECTION WILL BE MADE FOR THE 2""B.USINESSDAY_-`::::. IF AN INSPECTION IS SCHEDULED BUT YOU ARE NOT READY FOR. THE INSPECTION,PLEASE<CANCEL THE INSPECTION BY 8:30 AM ON THE DAY. OF THE. INSPECTION. YOU MAY BE SUBJECT TO REINSPECTION FEES-IF YOU:ARE NOT READY FOR THE REQUESTED INSPECTION OR IF;THE INFORMATION REQUIRED ABOVE IS .NOT f. PROVIDED. ` © o Nr, RECEIPT Copy Reprinted on 07-12-2006 at 09:28:38 07/12/2006 RECEIPT NUMBER: R06001435 APD #: ELN-061099 TYPE: North Electrical Permit SITE ADDRESS: 36755 CR 57 WEL PARCEL: 0711-34-4-00-050 TRANSACTION DATE: 06/30/2006 TOTAL PAYMENT: 44.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 44.00 TRUST TRANS LIST: TRANSACTION LIST: Type Method Description Amount Payment Check 1662 44.00 TOTAL: 44.00 ACCOUNT ITEM LIST: Description Account Code Current Pmts Electrical 100025100-4224-2 44.00 TOTAL: 44.00 RECEIPT ISSUED BY: LBUEHLER INITIALS: LCB ENTERED DATE: 06/30/2006 TIME: 02 :42 PM IIIIIIIk ` � l (---- WELD COUNTY BUILDING DEPARTMENT : ,_ ,. :, ._ . . ,,. . . NORTH OFFICE SOUTH OFFICE .::.•*: (LIST I 918 10 STREET 4209 CR 24.5 - • } 1 ` I GREELEY, CO 80631 LONGMONT,CO 80501 (970)353-6100 x3540 (720)652-4210 x8730 B SITE. KEEP A COPY OF THE BUILDING Y BEFORE YOU NEED THE FOLLOWING. INSPECTION REQUEST INFORMATION OWNER'S NAME, JOB SITE ADDRESS OR FOR ALL BUILDING INSPECITON REQUESTS: . CALL 355-8015 INSIDE GREELEY CALLING AREA OR . 1-800-234-2534 OUTSIDE:THE GREELEY CALLING AREA.: .. ;;.: = 6 OR 1-800-234-2534 F PRELIMINARY DEMO. INSPECT. j INSPECTION REQUEST LINE OPERATES 24 HOURS-A DA ' .:_..:;7:::E':...... ' ;FRAMING �„�� 0 �j1TRUCTURAL FRAMING WILDING PERMIT i -. - FIREPLACE/THROATS/FLUES NAME ( f Oki ! C2 I LP LEAK DETECTION SYSTEM f• ,: s : . :. .:`. f FLOOD HAZARD CERTIFICATE :ADDRESS/LEGAL : `• FINAL ELECTRIC FINAL PLUMBING . ; FINAL HEATING I UIMARY INSINSPECTORS' - ANAL APPROVAL I -BGl CERTIFICATE OF OCCUPANCY I ' t (�ELECTRICAL - .-THE ABOVE INFORMATION PLUS THE EXACT INSPECTIONS YOU ARE' • SETBACKS REQUIRED BY THE BUILDING READY FOR AREREQUIRED WHEN REQUESTING.AN INSPECTION. IF IUR OFFICE IF YOU HAVE ANY QUESTIONS THE PERMIT NUMBER, THE REQUESTED INSPECTION(S), OR ADDRESS IS INCOMPLETE OR CANNOT BE UNDERSTOOD FROM MPACTED TO 90%, AND REBAR SET AND YOUR CALL, THERE IS A RISK THAT--THE INSPECTION CANNOT BE - 'SCHEDULED. WE-ARE NOT RESPONSIBLE FOR INCOMPLETE OR - .NON-UNDERSTANDABLE INSPECTION REQUESTS. RINTS. CALL FOR INSPECTION BEFORE IF YOU REQUEST AN INSPECTION BEFORE 3:00 PM ON :,ANY. BUSINESS DAY, THE INSPECTION WILL BE MADE THE- 'NET ::-NE ESCAPE WINDOW TO THE EXTERIOR BUSINESS DAY. IF YOU REQUEST AN INSPECTION AFTER 3:00 PM, OR INSTALL FLOOR PRIOR TO THE INSPECTION WILL BE MADE FOR THE"°;BUSINESS DAY D NOT BACKFILL FOR A MINIMUM OF 4 ..IF AN INSPECTION IS SCHEDULED BUT YOU ARE NOT READY FOR THE INSPECTION, PLEASt CANCEL THE INSPECTION BY 8:30 AM ON .:: FOR WATER .AND SEWER SHALL BE PER { THE DAY OF THE INSPECTION. YOU MAY tE -SUBJECT TO. CODE. ALL 0 ;ER UTILITIES RE REINSPECTION FEES IF YOU ARE NOT READY FOR THE".REQUESTED nls INC L JD= =LEPHONE AND CABLE INSPECTION OR IF THE INFORMATION REQUIRED ABOVE NOT ` PROVIDED. -.:.: '. - L:GH :`S ECTION. PLUMBING DRAINS E3 'AL S: BE WITNESSED AND E_ SHEATHING INSPECTION FOR STRUCTURAL BRACE WALLS. SHEA=:i +G AND STRUCTURAL SEAm5 THAT MAY BE COVESE= BY EXTERIOR FINISHES PRIOR TO FRAME 's Ns __"ON. E= -ER REFERENCE 2003 IRC SECTION R703.2 TABLE R703.4 AND 2003 BC SECTION 1404.2 —E_.ST ANT BARRIER ==;A.A!ING FRAMING INSPECTIONS CANNOT BE APPROVED UNTIL ABOVE INSPECTIONS ARE COMPLETED. ALL ROOFING, SHINGLES, FRAMING, WINDOWS, AND EXTERIOR DOORS MUST BE INSTALLED. NOTE: IN ORDER NOT TO HOLD UP CONSTRUCTION, THE STRUCTURE MAY BE MADE WEATHER TIGHT 1F W!`iDOWS OR DOORS CANNOT BE INSTALLED. CALL FOR INSPECTION BEFORE INSTALLING INSULATION OR SHEETROCK. , = 'F.e�_ ELECTRICAL, PLUMBING, MECHANICAL, SITE GRADING, AND APPROVAL BY THE =IRE DISTRICT ;IF RE:cUIRE3 MUST HAVE A FINAL APPROVAL. THE BUILDING CANNOT BE OCCUPIED UNTIL ALL INSPECTIONS HAVE BEEN COMPLETED AND APPROVED AND A CERTIFICATE OF OCCUPANCY ISSUED. 0 0 RECEIPT . on 07-20-2006 at 10:46:30 07/20/2006 -- AMBER: R06001581 APD #: BCN-060290 TYPE: North Building Combo LTE ADDRESS: 36039 CR 57 WEL PARCEL: 0711-34-4-00-050 ` ( TOTAL PAYMENT: 124.75.00 NE TRANSACTION DATE: 07/20/2006 It TOTAL PAID FROM TRUST: TOTAL PAID FROM CURRENCY: 124.75 TRUST TRANS LIST: I- T TRANSACTION LIST: Amount 1I Type Method Description 124.75 Payment Check 1685 124.75 TOTAL: l ACCOUNT ITEM LIST: Account Code Current Pmts Description 29.75 100025100-4222-2 9.75 Capital Permits 17500-4228- 4000- Capital Expansion Impact TOTAL: 124.75 INITIALS: BJM RECEIPT ISSUED BY: BJMOORE TIME: 10:38 AM ENTERED DATE: 0 07(/20/20/2 006 S d a 3 DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 918 10 Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 W I Ise FAX: (970) 304-6498 SOUTH EST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 12, 2005 David Dyer c/o Cody Hollingsworth 800 8'h Ave. Ste. 323 Greeley CO 80631 Subject: RE-4100 A Recorded Exemption located on a parcel of and described as Pt SW4 of Section 35, T7N, 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 June 30, 2006 Michelle Martin Department of Planning Services 918 10th Street Greeley, CO 80631 Dear Michelle Martin, As pursuant to pending Recorded Exemption applications RE-4100, RE-4149, and RE- 4119 and the conditions of approval and concerns of the Galeton Vonlunteer Fire protection district's request for a fire hydrant. We agree to meet this condition and have a fire hydrant placed at the corner of WCR 74 and 57. Best regards, Dave Dyer S&.-4 . , Janice Dyer ale,/grk (0 Page 1 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street ' GREELEY, COLORADO 80631 O PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 bhorgen@co.weld.co.us PHONE (720)652-4210 ext. 8741 FAX (720)652-4211 July 20, 2006 David &Janice Dyer 28248 CR74 Eaton CO, 80615 RE: RE-4149 - Lot C of AMRE-2001; Pt SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO, RE-4119 - Lot B of RE-1555; Pt E2 NE4 and W2 NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO, RE-4100 - Pt SW4 of Section 35, T7N, R64W of the 6th P.M., Weld County, CO Roger Vigil (Building Official) and John Roberts (Electrical inspector), representatives from the Weld County Building Department conducted a site inspection on July 14, 2006 regarding the property described above. It was determined that no building permits will be required for the walking bridge accessing the island. The appropriate building permit (BCN-060290) has been issued regarding the structure on the island. Sincerely, 40077 Ze. Bryon Horgen Assistant Building official n August 2, 2006 Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption Applications To Whom It May Concern: I am writing this letter authorizing and appointing Cody Hollingsworth, Terra West Real Estate Services to act as our agent for David and Janice Dyer, for the preparation and application of a Recorded Exemption,east of Galeton in Weld County. Thank you for your help in this matter. If you have any questions, please contact Mr. Hollingsworth for me. Sincerely, David W. Dyer Janice E. Dyer /r',ke d) aPage 1 of 1 Chris Gathman From: Tricityequip@aol.com Sent: Friday, November 02, 2007 2:36 PM To: Chris Gathman Subject: Anderson Recorded Exepmtion Chris, As for our situation with our existing well permit#205762-A. This well is only permitted for use up to three (3) residences. We have three stick houses and one mobile home,we propose to remove the mobile home by May 1, 2008. We are asking for 6 months to relocate and do the demolition on the mobile home. After the mobile home is removed. The well permit will be in compliance. In 1997 we were having trouble with our existing well, so we applied for a new well, at that time we didn't know that we could only have 3 structures on one well permit. So this is were we ran into trouble. If you have any questions please let me know. Sincerely, Cammy Terranova See what's new at AOL.com and Make AOL Your Homepage. 11/02/2007 O p Chris Gathman From: Michelle Martin Sent: Friday, November 02, 2007 2:49 PM To: wayne@terrawestusa.com; Chris Gathman; Jacqueline Hatch Subject: RE: Dyer RE 4100, RE 4119, RE4149, RE4101 Hi Wayne, Planning Staff has reviewed the paper plats for RE-4100, RE-4149, and RE-4119 and the red lines are ready to be picked up in the Greeley Planning Office. In addition to the changes on the plats the following still needs to be completed: Improvements Agreement Recorded Easement for the bus area/sign Because the lots will be crossing Lot A of AMRE-2001 a separate easement agreement will need to be recorded stating all the lots above can cross the property (this will need to be recorded and recording info placed on the plat) or you can do a corrected plat for Lot A of AMRE-2001. Let me know if you have any other questions. Michelle Martin Original Message From: Wayne Howard (mailto:wayne@terrawestusa.com] Sent: Tuesday, October 30, 2007 2:18 PM To: Michelle Martin; Chris Gathman; Jacqueline Hatch Subject: Dyer RE 4100, RE 4119, RE4149, RE4101 Dear Michelle, Chris & Jacqueline: This letter is In response to the letter regarding RE 4119 that was handed to me today by Michelle while in her office. Although I have not received any other letters from your office, I am assuming that the basic request of the letter applies to the other Dyer RE's that are similarly in process, but not quite complete. I am herewith notifying you in writing as the letter directed that these RE's will be completed hopefully within the next two weeks after the additional slight changes and modifications are made to either the plats or agreements and easements that Michelle has requested. Our records show that the final mylar plat for RE 4101 was submitted to your office on April 6, 2006 for recording and a check was submitted for the recording of that plat. On April 26, 2006 Chris Gathman requested permission from the surveyor Ken Alles, to delete an "Ag Access" at the corner of WCR 74 and WCR 57. That change was granted to him by Mr. Alles according to Mr. Alles's notes in his file. Apparently the plat has never been recorded. Please let me know if there is anything else I need to do to complete this file. Michelle also informed me of the late fees that she said would be imposed on these RE's. I have never been informed or advised of this policy in any way through the years even though we have had other RE's completed late. Could you please forward a copy of this policy for my records, so that I can also advise my clients in the future of this policy. It would seem appropriate that this policy be included in your RE packet, so that all parties would be aware of it before they start the RE process. If it has been published at some point in time, please advise of such publication. This will no doubt help to motivate my clients also when I request necessary information or legal agreements such as easements to be provided and help the process continue to move ahead more smoothly. Thank you for your help. 1 Weld County PlanningOFFICE Department C ^, GREELEY MEMORANDUM MAY 137008 RECEIVED �1 TO: Michelle Martin, Planning Services DATE: May 9, 2008 IFROM: Donald Carroll, Public Works Department CO SUBJECT: RE-4100, David & Janice Dyer COLORADO At the request of the applicant, I scheduled a site inspection on May 8, 2008, to verify the status of the proposed roads throughout the Recorded Exemption lots. Mr. Dyer and I drove the internal road system from WCR 74 to the north end. The road section has been graded in at approximately 26 feet in width. Pit run (sub-base) has been placed throughout the road section. All of the turnouts have not been placed yet. Mr. Dyer is farming both sides of the road section with stripped wheat or proposed corn. Both Recorded Exemption sections are under pivot sprinklers. I recommended that watering and re-compaction the sub-base is a critical item prior to placing the final road base lift. With the placing of the final base lift, there should not be any pit run or sub-base exposed. Please contact the Weld County Public Works Department when you are ready for the final inspection. pc: David Bauer, Senior Engineer David Dyer, owner RE-4101, RE4100 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4100-B.doc - 1 - Yet aaan a • ';.,.0T. Rs: -...RE--;i'l ai':`):E:P:ARI , I/2::Ng;-I :••44::•.w.;.1./2"WE:114 .SECII0N 5.4 . li:::). T. 7 1944, R. 641. Vi:; t3th: PA.f • �.n•-CCUNTYY “COLORA# 3 • fir faaoms. 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I t i • • 1 . : • • . x rr: II TN wil .It ta, j3 # it • P. negaltliZ is y f . i , a 4 • - t L► 1r � 4• 0 ^,- - -- • a T , w. ate-- . 4 I . . 1 -f and orn • 1 ellein at I; ‘%:t%2) / a- / • 444 ill .'S els A4.M�_ Sri• a. 1r 4 I r -. -- - - . . . err 17::S I bane t ItatIlKaiM4... v .. .f R—` .. --ia+Kwlfhai wta.-:rte,... _. . . . . I I p II O O FIELD CHECK Inspection Date: CASE NUMBER: RE-4100 APPLICANT: Dyer LEGAL DESCRIPTION: LOCATION: Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: Chris Gathman, Planner 1 � � APPLICATION FLOW SHEET .111kk COLORADO APPLICANT: David & Janice Dyer CASE # : RE-4100 REQUEST: Two-Lot Recorded Exemption LEGAL: Pt. SW4 35-7-64 LOCATION: North of and adjacent to CR 74; East of and adjacent to CR 57 PARCEL ID #: 0711 35 000018 ACRES: +1-46 acres Date By Application Received 4/11/05 Application Completed 4/11/05 Referrals listed 4/12/05 CG Design Review Meeting (PUD) File assembled Letter to applicant mailed Vicinity map prepared Referrals mailed Chaindexed Field check by DPS staff Administrative Review decision: jp• IO• €5 (-13° &56 aG/Bt County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed 7-)7•-Of Overlay Districts Zoning Agricultural - MUD Yes_X_ No__ IGA Yes__ No_X_ Ord. Airport Yes No_X_ Geologic Yes No_X_ , o Flood Hazard Yes_ No_X_ Panel #080266 ALI-$-"tO•A Road Impact Area _Y_ Cr p RECORDED EXEMPTION(RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 1 1 - 3 5 - 0 - 0 0 - 0 1 8 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description: Pt of the SW1/4 , Section 35 , Township 7 North, Range 64 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes _ No X FEE OWNER(S) OF THE PROPERTY: Name: David and Janice Dyer Work Phone# 970-302-0925 Home Phone# 970-454-2461 Email Address Address: 28248 WCR 74 City/State/Zip Code: Eaton, CO 80615 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Cody Hollingsworth, Terra West Real Estate Services Work Phone#: 970-353-0982 Home Phone# Email Address: codv(Wterrawestusa.com Address: 800 8a'Avenue Suite 323 City/State/Zip Code : Greeley, CO 80631 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Proposed NWCWD Proposed NWCWD tap tap Type of Sewer Proposed Septic Proposed Septic Proposed Use Ag/Residential Ag/Residential Acreage 5+/- 40.71+1- Existing Dwellings? No No * If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, Appli UAgent Sigu ture ate CQ CA April 6, 2005 Department of Planning Services 918 10"' Street Greeley, CO 80631 RE: Recorded Exemption Applications To Whom It May Concern: I am writing this letter authorizing and appointing Cody Hollingsworth, Terra West Real Estate Services to act as our agent for David Dyer and Janice Dyer for the preparation and application of an Recorded Exemption, East of Galeton on Weld County Road 74, in Weld County. Thank you for your help in this matter. If you have any questions, please contact Mr. Hollingsworth for me. Sincerely, David Dyer �J Janice Dyer C CO Recorded Exemption Questionnaire 45.71 Pivot irrigated Farm Legal Description: Part of the Southwest ''A of Section 35 Township 7 North Range 64 West 1. A. Domestic Use Water Supply—Water for the proposed lot A is a proposed tap from North Weld County Water district as evidenced by the letter accompanying this application. The larger lot B will remain in farm production and no domestic water is necessary. B. Irrigation Water Supply—The proposed lot is non-irrigated land: therefore,no water supply is necessary. The larger parcel will remain irrigated,with rented water provided by existing water rights as historically operated. 2. Sewage Requirements—The proposed lot A is approximately 5 acres, which is adequate to meet the minimum size required for a septic system. The larger lot will remain in agriculture production, and is 40 acres and will be large enough to meet the septic requirements if a building is proposed. 3. Property use—The proposed lot A currently does not have any improvements on it and will be used as Ag/Residential use. Lot B the larger parcel currently has a center pivot sprinkler on it and will continue to be irrigated farmland. 4. Proposed Lot Description—The entire parcel for this Recorded Exemption is located on the North side of Weld County Road 74. Lot A will be used as Ag/Residential lot. Lot B will use the current access and remain productive farmland. The access for Lot B point will be on WCR 74 at the point where WCR 57 would exist if the road went north. The proposed access point for lot A will be on WCR 74 '/, east of WCR 57. 5. Unique Physical Characteristics of Site—There are no unique physical characteristics of this parcel. 6. Building Envelope—A building envelope for this property will be defined by the required setback from the county road. 7. Use by Special Review Permit—There a currently no Use by Special Review permits on this property or the proposed new lot. Co Co Report Date: 04/11/2005 03:30PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0995886 ASSESSED TO: DYER DAVID W& 28248 COUNTY RD 74 EATON, CO 80615 LEGAL DESCRIPTION: 10179 PT SW4 35 764 BEG SW COR OF SEC THENCE E1105.25'TO PT 25'M/L W OF A CONCRETE DITCH N0D14'E 766.63' N18D01'W 773.49'TO PT BEING C/L OF SAID DITCH THENCE N43D39'W 627.28'N09D59'E 693.33' S89D58'W 545.74'THENCE S0D13'W 2638.51'TO BEG PARCEL: 071135000018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 232.04 0.00 0.00 0.00 232.04 TOTAL TAXES 232.04 GRAND TOTAL DUE GOOD THROUGH 04/11/2005 232.04 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 63.27 AGRICULTUR 10,933 3,170 SCHOOL DIST RE2 40.307 127.78 --------------- ---------- NCW WATER 1.000 3.17 TOTAL 10,933 3,170 GALETON FIRE 1.939 6.15 AIMS JUNIOR COL 6.328 20.06 WELD LIBRARY 3.249 10.30 WEST GREELEY CONSERVATION 0.414 1.31 TAXES FOR 2004 73.194 232.04 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: Date: 4 // \ (� reS O O Report Date: 10/24/2007 03:38PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0995886 ASSESSED TO: DYER DAVID W & 28248 COUNTY RD 74 EATON, CO 80615 LEGAL DESCRIPTION: 10179 PT SW4 35 7 64 BEG SW COR OF SEC THENCE E1105.25'TO PT 25'M/L W OF A CONCRETE DITCH N0D14'E 766.63' N18D01'W 773.49'TO PT BEING C/L OF SAID DITCH THENCE N43D39'W 627.28' N09D59'E 693.33' S89D58'W 545.74'THENCE S0D13'W 2638.51'TO BEG PARCEL: 071135000018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 115.44 0.00 0.00 115.44 0.00 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 10/24/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 33.61 AGRICULTURAL 6,908 2,000 SCHOOL DIST RE2 25.408 50.82 NCW WATER 1.000 2.00 TOTAL 6,908 2,000 GALETON FIRE 4.500* 9.00 AIMS JUNIOR COL 6.330 12.66 WELD LIBRARY 3.261 6.52 WEST GREELEY CONSERVATION 0.414 0.83 TAXES FOR 2006 57.717* 115.44 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 yyy g 4 � #t ' i lL+u , ^" iY "+: sa *� r ' '^' r. v ya . ,..Z11;14, s Sl'A r 1 err` fi IIP:a' 4� WG'& 43/474s0 Pd1 i »v i .o-+.tY1 ✓ Y x y m *ara' 'h ' x 4 $ 4 x :It 3r.3 Z•A R, . s fg ,s0v Y n : : i s s' Yes- a 43�� 'so Y a With- n 'Xt c s'� !'.T q, ,. L1,1 c4f, ,� �t a.'. s �� 3 ..S..' ...�fi "...1.]ti � i F '�- e f l fa .a,. ,..t a- r1/27r. 4.07-424411.' z {�. -c. x ms's pi + 3 f" � .x'41 � _o JUL-14-2008 MON 08:22 AM ^ FAX Na a P. 03 Weld County Planning Departmentrage:I Report Date:07/14/2008 08:22AM WELD COUNTY TREASURER GREELEY OFFICE STATEMENT OF TAXES DUE SCHEDULE NO:R0995886 ,II II 1 R SHWA ASSESSED TO: DYER CR7DAVID W& RECEIVED zg2482as cR 7a EATON,CO 80615 LEGAL DESCRIPTION: 10179 PT SW4 35 7 6413EG SW COR OF SEC THENCE E1105.25' TO PT 25'MIL W OF A CONCRETE DT (;:fl NOD14'E 766.63'N18D01'W 773.49'TO PT BEING C/L OF SAID DITCH THENCE N43D39'W 627.28'NO I;159'E 693.33' 5891358'W 545.74' THENCE 501313'W 2638.51' TO BEG PARCEL: 071135000018 SEWS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 132.46 0.00 0.00 132.46 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2008 0.00 ORIGINAL TAX BILLING NOR 2007 TAX DISTRICT 3880- Authority ME Levy Amount Values Mad Assessed WELD COUNTY 16.804* 35.12 AGRICULTURAL 7, 9)8 2,090 SCHOOL DIST RE2 31.100 65.00 ---- —•--- NCW WATER 1.000 2.09 TOTAL 7 :'13 2,090 GALETON FIRE 4.500* 9.40 AIMS JUNIOR COL 6.308 13.18 WELD LIBRARY 3.253 6,80 WEST GREELEY CONSERVATION 0.414 0.87 -- TAXES FOR 2007 63.379* 132.46 *Credit Levy ...-- ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE .I I1NH0LDER OR TO ADVERTISINO AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE h'ILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOh t.S-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAM BY CASH OR CA tUttERS CHECK. P.O.Box 458 Greeley,CO 80632 (970)353.3845 ext.3290 )„,;.k, s "",CR-- �� REFERRAL LIST Name: Tier Case#: — 410O County Towns&Cities Fire Districts _Attorney _Ault _Ault F-1 y Health Department _Berthoud _Berthoud F-2$$$ _Extension Office _Brighton _Briggsdale F-24 _Emergency Mang Office-Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton _Eaton F-4 Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans X Galeton F-6 Airport Authority _Firestone _Hudson F-7 _Building Inspection _Fort Lupton _Johnstown F-8 X Code Compliance )( Ann_Beth _Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State Hudson _Platteville F-13 _Div.of Water Resources Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie Union Colony F-20 Water Conservation Board _Longmont Wiggins F-18 _Oil&Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken [' Division of Wildlife New_ Raymer Legal Ph Swy 35-7 (Dl _South Hwy 66 (Loveland) _Northglenn Parcel ID# O71) 35 OOcO%2 _North Hwy 66 (Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport No Soil Conservation Districts _Severance Geo Haz No _Big Thompson _Thornton FP? No Panel# _Boulder Valley _Windsor IGA? NO ORD# _Brighton MUD? p(o _Centennial Counties _Fort Collins _Adams 11Greeley _Boulder _Longmont _Broomfield _Morgan_Platte Valley Larimer _Southeast Weld _West Adams Other _Central Colo.Water Conservancy Dist I Federal Government Agencies _Left Hand Water _US Army Corps of Engrs X School District RE-?- _USDA-APHIS Vet Service _Art Elmquist(MUD Area)-Info Only _Federal Aviation Admin (Structures Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner _Federal Communications Comm _ 7 f I� fl * asLlAID9 ;-- - NF 0 AUNTY PUBIA OF(5S DEPT Weld County Referral. COLORADO April 12, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant David &Janice Dyer Case Number RE-4100 Please Reply By May 11, 2005 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Pt SW4 of Section 35, T7N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 74; East of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0711 35 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ have reviewed the request and find no conflicts with our interests. See attached letter. Snmments; Signature 4ad (�as-mss Agency r- I J,� ((�py�Q��-� Date @Weld County Planning Dept. +918 10'"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax ...., „.. e d ra. MEMORANDU County Planning Department GREELEY OFFICE M APR 2 7 2008 RECEIVED ipC TO: Chris Gathman, Planner II DATE: April 25, 2005 O FROM: Donald Carroll, Engineering Administrator 61/0 COLORADO SUBJECT: RE-4100, David & Janice Dyer The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 74 is designated on the Weld County Road Classification Plan (FHU) as an arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 57 is designated on the Weld County Road Classification Plan (FHU) as a vacated (5/21/2003) road, which is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the property line. REQUIREMENTS: The applicant has access problems with both parcels to WCR 74, an arterial road. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. As per Wayne Howard, Terra West, this WCR 57 right-of-way was vacated on 5/21/2003. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. No new private residential accesses shall be allowed onto roadwaysclassified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. (Lots A and B) pc: RE-4100 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4100.DOC • WELD COUNTY ROAD ACCESS INFORMATION SHEET '/ Road File#: 'j'#�/� Date: 1-,2 -o S RE#: Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497 1. Applicant Name David and Janice Dyer Phone 970-454-2461 Address 28248 WCR 74 City Eaton State CO Zip 80615 2. Address or location of access North side of Road at WCR 74 and 57 Section 35 Township 7N Range 64W Subdivision Block Lot Weld County Road #74 Side of Road North Distance from nearest intersection at intersection 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision 0 Commercial ❑ Other •+++aaaaaaaaaaaaaaaaaaaaaaae+,aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaawar,*o,,,,,tw,,ke,eo+,,,*ea*a+e:w,,,,+w,,+,a* 5. Site Sketch Legend for Access Description: AG = Agricultural _J L RES = Residential O&G = Oil &Gas D.R. = Ditch Road O = House ► = Shed Q zA N1 sib A �� — - ` aaaaaaaaaaaaaaaaaaaaaaaaaaaaaartaaaaaaaaaaaaaa Argo fAcce At?, OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation authorized 0 Information Insufficient Reviewed By: Title: 7 Weld County Plan( "apartment "" • • 1 "tFIEY lirh•t ,,,) Y 1 1 2009 41 stain VED Memorandum TO: W.C. Planning, Chris Gathman 111 ' DATE: May 9, 2005 • FROM: , EH Services, Deborah Blandin COLORADO CASE: RE- 4100 APPLICANT: David and Janice Dyer Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. O EATON SCHOOL DISTRICT RE-2 Dr.Randy Miller 200 Park Avenue Superintendent Eaton,Colorado 80615 (970)454-3402 (970)454-5193 Fax August 1, 2006 Brad Mueller Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: T.L.C. Farms Inc./Dave or Janice Dyer Recorded Exemption RE-4100 Brad Mueller: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of $1,043 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincer / areLor Randy Miller, Ed.D. Superintendent Eaton School District RE-2 Date Paid 91/4/02.00 Amount /, O5/d O° Check# 7 8'9 Received By 47S e.,L. C) n EATON SCHOOL DISTRICT RE-2 Dr.Randy Miller 200 Park Avenue Superintendent Eaton,Colorado 80615 (970)454-3402 (970)454-5193 Fax August 1, 2006 Brad Mueller Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: T.L.C. Farms Inc./Dave or Janice Dyer Recorded Exemption RE-4119 Brad Mueller: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of $3,129 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, 273 4- Randy Miller, Ed.D. Superintendent Eaton School District RE-2 Date Paid j.j/ /240 Go Amount 3 Check# 7 3 fr 9 Received By c Ca ?E 0 0 EATON SCHOOL DISTRICT RE-2 Dr.Randy Miller 200 Park Avenue Superintendent (970)454-3402 Eaton,Colorado 80615 (970)454-5193 Fax August 1, 2006 Brad Mueller Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: T.L.C. Farms Inc./Dave or Janice Dyer Recorded Exemption RE-4149 Brad Mueller: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of $3,129 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. 4y 4:77der i.. Randy Miller, Ed.D. Superintendent Eaton School District RE-2 Date Paid Ff///,boo Amount ,r 3/.2 " Check# 3d'? Received By • Dyer Recorded Exemption N \, I i { 0 �?• NORTH w+.err 40 moo. 5 VI Allis Res. oir R LOT B 40+ Acres ♦ LOT A 5± Acres CR. MAP NOT TO SCALE p U ® 1999 DeLorme. 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Eseo-Ritmg04•1/4"-VS on_ aA•m aZt� Dal\ . A S. os WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File #: Date: RE #: Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497 1 . Applicant Name David and Janice Dyer Phone 970-454-2461 Address 28248 WCR 74 City Eaton State CO Zip 80615 2. Address or location of access North side of Road at WCR 74 and 57 Section 35 Township 7N Range 64W Subdivision Block Lot Weld County Road # 74 Side of Road North Distance from nearest intersection at intersection 3. Is there an existing access to the property? Yes X No # of accesses 1 4. Proposed Use: Permanent Residential/Agricultural I Industrial H Temporary I i Subdivision n Commercial ❑ Other ********************************************************************************************************************************* 5. Site Sketch Legend for Access Description : _al I I L AG = Agricultural RES = Residential O&G = Oil & Gas D. R. = Ditch RoadL. 0 = House ► = Shed 10 0 a Nk � M `' a N pv oo' A L v- r / r ( err' 7 `/ re( Rege - AcCc Apc OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation authorized H Information Insufficient Reviewed By: Title: 7 • lEsaitatilneltitriltiPThabigD'( O1• '. a V Y�'.+'55; : PART E t.. . E 1/4•:It.: ..9 A2 :NE :1:....4.'SE. £N r140 T 7 r4 n. 64. W.; {3th RM.; L• CCUNT t ..COLOR' . ....• .. • sewn Arco l ` > iaQa ! 'trot P,Si 7!' �DPfft• C2• nIIfFV BIY IY VI./w YV I Mn I\ � M 'tM/V�1�tPIV.. Luc . i ��y� ^ ,(/H •t N/!.• /VA.... r .I.. A.'.�..�. YY i\' •w.n .-'—i.,'RYH.\J.M.IA Mr YI.I YM1./ K/'fir MI I ': r `� I fi P,,,•,. 1/4 Nom. --s-.... 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I sera tom: ,X `` t•- 2� W l kr% `\ Vsat44e3 3 , C I If approved the Department of Planning Services recommends the following conditions be added to RE-4100, RE-4119 and RE-4149: RE-4100 2.L (renumber accordingly) RE-4119 3.M (renumber accordingly) RE-4149 3.J (renumber accordingly) The applicant shall submit written evidence to the Department of Planning Services from the Corps of Engineers indicating that they have no concerns with the applicants increasing the size of the Allision Reservoir. RE-4149 3.K (renumber accordingly) The applicant shall delineate a stop sign on the plat of RE-4149. The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement. RE-4149 3.L (renumber accordingly) The applicant shall delineate an address sign on the plat of RE-4149. The applicant shall contact Lin Dodge with the Department of Planning Services in order to obtain the correct addresses for the lots. The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement. RE-4100 2.M (renumber accordingly) RE-4119 3.N (renumber accordingly) RE-4149 3.M (renumber accordingly) The applicant shall submit a Private Improvements Agreement regarding collateral for all improvements to the road and signs for acceptance by the Board of County Commissioners prior to recording the plat or the improvements shall be completed and approved by the Department of Public Works and Planning Services prior to recording the plat. RE-4149 3.N (renumber accordingly) RE-4119 3.0 (renumber accordingly) The applicant shall complete and submit the appropriate building permits and pay the appropriate fees to the Weld County Department of Building Inspection for the existing structures (VI-0600241). RE-4100 2.N (renumber accordingly) RE-4119 3.P (renumber accordingly) RE-4149 3.0 (renumber accordingly) EXHIBIT The applicant shall address the requirements (concerns) of Galeton Fire Protection District, as stated in the letter signed by Clint Heidenreich. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. RE-4100 2.O (renumber accordingly) RE-4119 3.Q (renumber accordingly) RE-4149 3.P (renumber accordingly) The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated 3/3/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. CERTIFICATE OF CONVEPICES W.COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and fmds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: Part of the Southwest Quarter of Section 35,Township 7 North,Range 64 West of the 6th P.M.,County of Weld,State of Colorado. CONVEYANCES if none appear,so state) Reception No.3070391 ,Book---- Reception No. 1817654 ,Book 896 Reception No. 1817475 ,Book 895 Reception No. 1804098 ,Book 882 Reception No. 1705058 ,Book 783 Reception No. 1585548 ,Book 664 Reception No. ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company,is hereby limited to the fee paid for this Certificate. In witness Whereof,Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 31st day of March,2005,at 8:am. Security Title Gu anty Company By: A orized Signature Security Title Guaranty Co. 3690 W.10th St.,2nd Fl.,7251 W.20th St.,Bldg.A Greeley,CO 80634 (970)356-3200 - Fax:(970)356-4912 Toll Free:1-888-825-3215 1 1111111 111111111 11111 fill 111111 1111111 381 3070391 06/06/2003 03:40P Weld County,CO 1 0l 2 R 11.00 D 22.30 Steve Moreno Clerk A Recorder to WARRANTY DEED Tuts DEED, Made this 1st day of May , 2003, between Robert H. Dyer and Phyllis Dyer "Ic' of the County of Weld and Slate of Colorado grantor,and David W. Dyer and Janice E. Dyer ld()t/731.)403 whoselegataddressis 28248 Weld County Road 74, Eaton, CO 80615 of the County of Weld and State of Y-,,pc o ,grantees: WITNESS,That the grantor,for and in consideration of the sum of TWO HUNDRED TWENTY THREE THOUSAND AND NO/100 DOLLARS,($223,000.0 0 ),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar- gain.sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but In joint tenancy, all the real property together with improvements.if any,situate,lying and being in the County o f Weld , and State of Colorado,described as follows: See Description attached hereto and made a part hereof. also known by street and number as Vacant Land, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders.rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain•sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind ornature soever, except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Buyer in accordance with section ga[Title Review),of the contract dated April 25, 2003 _ _,between the parties. The gratr tor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees.their heirs and assigns•against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this decd on the date set forth above. ,_C AL C-Q-t_, A(1 ,C," Robert H. Dyer Phyll' Dyer STATE OF COLORADO : .•' Q •..ve�#n )ss. ' ) • COUNTY OP WELD ~P; , The foregoing instrument was: Impw {e, rde 1st day of May , 2003,by Robert H. Dyer and..•hy3l !"Dyer • ' ;`pTq ...... My Commission expires: Augu ••_7,p6 '.'7 Witness my hand and official seal. .__ Notary Public Kelly L. Belden WARRANTY DE®(la Mal Tenanle)pie.a1REHr RC r UO47312A03 it I I s .{ �w • fit, . : • . �•.�. `1�h,'��""7�.uw(idw„ltdcarA"r' .1 , 15O°( IteenplIon No„ 1� �Ga) tnf p.•M„ F B 2 1 D LI Weld County, Colorado Resntder's Mlamp i Tins DEED, plod'thin 20th day of February , • I ]D80,bar'y'on AMBRO9E & COMPANY f . i , 8 a corporation duly nrgnllhed and evistitlit under told by virtue er tile laws slat' Documentary Fee I i �I B. �„'6,r,,, I i of tha Slide or Colorado or the first purl,and DotA. 0 3 In O R0T3ERT H. DYER i • whosolognl uldron0IA ROtltO 1, Eaton, Colorado 80615 • of the County of Weld and State of I o Colorado of the second part: WITNF.SSET11,That the said party of the first part,for and In consideration of the num of 1 ,.) 1101,1.ARtl, a, Ten Dollars and other valuable consideration f N to the said party or the first part In hand paid by the said p.u•t y of the second part,the rerelpt whereof Is here. II c:,N by confessed and nrknowledged,bath gran!rd,bargained.sold and eunvaycd,end by these presents doth grant,bar- i! to O gain,sell,convey and confirm unto the said part y of the second part, his helms,amt assigns for. c; r' ever,all of the taming described lot or parcel of land,situate,lying and being In the i County or Weld and State of Colorado,to wit; I ft �' SEE EXHIBIT A ATTACHED AND MADE A PART OF THIS DEED FOR 9N i', LEGAL DESCRIPTION "4 :: C . rt}:shkne�rmrasalere asld Mn++l,c�' •- ..x1 TOGETHL•'R with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, I'. • I right, title, interest, claim and demand whatsoever of the said party of the first part,either in law or equity,of,in 'f.'s.,S and to the above bargained premises with the hereditaments and appurtenances. —, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said part y of the second part his heirs and assigns forever.And the said AMBROSE 5 COMPANY I .,. party of the first part,for itself, , and its successors.doth covenant,grant,bargain,and agree to and with the stud part y of the second part, 11 his heirs and assigns,that at the time of the ensealing and delivery of these presents it is well Il • seized of the premises above conveyed,as of a good,sure,perfect,absolute and indefeasible estate of inheritance,in i j law,in fee simple,and bath good right,full power and lawful authority to grant,bargain,sell and convey the same Ii in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains, sales.liens,taxes,assessments and iacumhrances c•f whatever kind or nature soever; except Condition contained in U.S. Patent recorded February 2, 1903 in Book 201 at Page 401, Weld County records; except reservation contained in instrument from The Union Pacific Railroad CatpalWi to Luther Drake recorded May 1, 1909 in Book 233 at Page 207; except existing mad , ;' highways, ditches, utilities, canals, pipelines, poorer lines, telephone lines, water lines and rights of way and easements therefor; except easement as conveyed to Oren Nero and Carol Nero recorded DecelT er 3, 1973 in Book 704 under Receptionof e �No.ond p162 310* and the above bargained premises in the quiet and peaceable possession of the said part y his heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AN FOREVER DEFEND. ff�y ±' ANDIN WITNESS WHEREOF, The said party of the first part bath caused its corporate name to be heregg ll ji subscribed by Its President,and its corporate seal to be hereunto affixed,attested by its ,, ,, %11 i! Secretary,the day end year first above smitten. r �' `�' \ 1'� )I ~v i Attest: ... E CO AN�'G�'�IG//y '1 t Dy... .. PI',.tJ.etr..1' 1 Lcc .Ambrose , . STATE OF COLORADO, Fens „Pi,ey & County of.,.....1APVeK J YMI e(itrtypns Indrumont wan neknowimlged before mn thin 20th dayof k'ebruary 1 tie Prastdant and �Q"';1iy'.if4, LAe Ambrose ON Asst. Saet'etarynf I : v ith Ouchhhol7 nratmetnUnn, I�� 114�}� ''i) Ambrose & Company 4,,N-Fall. : 4 my nntarlal eommla all 1114 0 2 0-0 3 Witness rand ant offl lab seal, '2 I��f�' • r (�. f I�.,. .'rr f� �of Nuiir'r'141Fhr, (i1 / it Mu dineetxl: I:M1t.A nine impassammlii Cot I'Ila vat . I.hlf1 And Mlill!i1irwlltnIil. ytfrat1 s .,, IIII! !I+.1I A III r r,rrlr I„e.,.1t.., '•..•.11,,,11..,.11„I.li.l„•.,I , INIP 111,,,1 III,nr1.i1,,,..11'llI•+..1.,111n 111111.1.td ,1,1,x, I 1$116g4 0 :L ' gO� 896 EXHIBIT A To Warranty Dead from Ambrose & Company, a Colorado corporation, . '•:.,::! to Robert H. Dyer dated Pebruarf 20, 1980. LEGAL DESCRIPTION: A • parcel of land located in thA southwest Quarter (BW1/4) Countytofn 35,Weld,TStateiof7Colorado, being North, Range 4 oretparticularly of the 6th P,M. Co y . �: described as follows: • Beginning at the Southwest Corner (SWCor) of said Section 3`; • and considering the South line to bear North 90°00'00" East with all other bearings relative thereto;• • h feetcto arpoinOto r 25 feet, more 00" East, aorn less g 1dWest toflan 25 concrete ditch; thence North 00°14'29" East, 766.63 feet; thence North 18°01'58" West, 773.49 feet to a point being the centerline of said concrete ditch; thence along the ditch centerline for the following two (2) courses: • North 43°39'57"West, 627.28 feet; North 09°59'41" East, 693.33 feet to a point on the North line of Southwest Quarter (SW1/4) of said Section 35; thence South 89°58'47" West, along said North line, 545.74 feet to a point on the West line of the Southwest Quarter (SW1/4) of said Section 35; thence South 00°13'43" West, along said West line, 2638.51 feet to the Point of Beginning. TOGETHER WITH: One (1) share of the capital stock of the West Cut Irrigation -t_; Company, and Two (2) shares of the capital stock of the Owl Creek Supply and Irrigation Company , A ;. �. _ "� H•t a ''t.a:y,y y,,,r, n [4�: i ;,,ti j :}a tt>,.-, y�l r - . • g .:`: zoos( Recorded at....p�.c��1 J..o'eloctt rFT.l 6°. _..-..... __...._ e 895 ' co: 181'74'7 Recorder Reception No , a - f. r '.�' p, —� RECORDER'S STAMP j ^� T n C ,- , THiS DEED, Made this 20th day of February I '' • I 19 CO.between THE ORDER OF THE HOLY FAMILY, SiamFee`' a Colorado non-profit corporation c� Dole fEB a Q rt' `l a corporation duly organized and existing under and by virtue of the laws 1980 of the State of CoInndo,of the fleet part.andlg. • AMBROSE & COMPANY, a Colorado corporation • 0 • ,,f the City and covntyot • Denver a r v „r and Stet.of Colorado,of the second part: whose legal address in e, "•'' 65'1 17th Street Suite 1200 Denver, CO 80202 �' G'"• �� it WITNESSRTH,That the void party of the first part,for and in enneideration of the sum of w L, e' *�X •' ' t Ten Dollars and other good and valuable consideration Dollars, � 'r e ,;i'. ea to the eaid party of the fint part.in hand paid by the said party of the second part,the receipt whem.' C' {- ' +' *; ' �T hereby confessed and acknowledged,has granted,bargained,sold and conveyed and by these presents does g: :r .� ' .t bargain,sell,convey and confirm unto the said party of the second part, i tS heirs and son. _, ','. .... • .. '] •G,:. forever,all the following described lot or parcel of land,situate,lying and being In the .. y... e ;,i(;.: ;hr, County of Weld and State of Colorado,to wit: ' i... 3 .1 SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF FOR LEGAL ,. tv 6 DESCRIPTION •i'1.y •,f, .-., i kli .., %.0 4.l tie ;?,ti 1. • ';�'. ...� tirlam. . Together with all and singular the hereditament• and appurtenances thereunto belonging, or L: anywise ap',' • pQp `,it taking,and the reversion and reversions,remainder and remainders,rents, issues and yr.-11M thereof; ant J, t , , •t state,right, title,interest,claim and demand whatsoever, of the said party of the first part, either in law . • �• y`r. equity,of.In and to the above bargained premises,with the hereditament' and appurtenances; TO RAVE A . kk}}._ It % "p TO HOLD,the said premises above bargained and describes with the appurtenances,unto t L4{.4e• " _ Of.'; • d I AMD ROS E & COMPANY the said party of the second par:, (4i :i. i tSheln and assigns forever, . , ' 5 And the sold party of the first part,for Itsr,f and its successors covenants and agrees to and with the . : , , I f� part y of the second part, it.^ heirs and assigns,the above bargained premises in the quiet n�.d 1 •• et; ';:-' v 1}, .•r peaceable posy-sloe of the said party of the second part, its heirs and &aligns against all and It`, ''A every person or persons lawfully claiming or to claim the whole or any art thereof,by through r under the Sold ! st su� act t0 the maters on t •. .f:' a.t of the first part,to WARRANT AND FOREVER DEFEND, 1 t r. p rExhibit H attached apd r •art %}` ' IN WITNESS WHEREOF,The said party of the first port hog caused its corporate name to t,„ I :''°,..e. subscribed by'11s ' • e resident, and its corporate oral to he hereunto affixed,attest,I _of • ,y• G 'Secretary,the day and .'�a A year first shove written. , ff � Attear., ,�t f.. t ;'. c.14-127 yI severs-."'THE ORDER OF THE Ii Y FAMILY, rr , - • a Colorado non-p fi corp ra' ton rid' i Y' r 1₹�r f ,. ` QX'. F COLORADO. The everend Ai att 'crftt o '• ;a, a.; e �tf:. .. ,. : • .„ r.��tY E;... 'riountp of '•• `•` 'f&re' fa6.lnstrument woe acknowledged baton me this Februe th y ,�._...---.. ,,;- . 4 day -•----._........_... ........... . Lr•:•..'--:''...: ., _ �1 .. A. , 4 : 3� Q:..,IyRigttt Reverend Jon Aldan as President and Very Reverend �� '' ►';; Ilrothei3�f'hahcis as Asst. Secretary+ of The Order of the Holy Fami.l. . ,��, �; My eunnmies•loe expires••.•..••. August 23t 1933! a Colorado non-profit L_. .,:tin. i t "' "- t I WIT1ftiits my hard sod official a.al. '�/�-J -...?..ei..a.,r)c- . C___,Aafit,:_-) • ,..(4.::, . _ . , . ... No.id-R. CPCCIAL WAa*ANTT n[gn—U«nraO.*.—',.n(ont IbYihbe Co...1015.44 Moat Wn44.Dearer,Calera&— II]4 Ir "• rY * , i w• 1 t .i • 13°°‘( 895 EXHIBIT A 181'7475 4-L . Special To/Warranty Deed from The Order of the Holy Family, a Colorado non-profit corporation, to Ambrose & Company, a Colorado ,: • corporation dated February20, 1980. • 4 • Legal Description: Eight (8) shares of the.capital stock of Owl Creek Supply and Irrigation, and One (1) share of the capital stock of West Cut Irrigation Company, and ' • Two (2) shares of the capital stock of Windsor Reservoir and Canal Company, and , y, -. , Two (2) shares of the capital stock of the Larimer and Weld Irrigation Company, and a fifty (50) acre foot allotment from the waters of the Northern Colorado Water Conservancy District, and together with all other water and water rights, ditch and ditch rights appurtenant to •the herein described real property ,} TOGETHER WITH: ±s A parcel of land located in the SW1/4'of Section 35, Township 7 . .A North, Range 64 West of the 6th P.M., Weld County, Colorado being ;,• more particularly described as follow;: `.f Beginning at the Southwest Corner of said Section 35 and considering the South line to bear North 90°00'00" East with all other bearings relative thereto; • . r :7!; thence North 90°00'00" East, along said South line, 1105.25 feet .•t. to a point 25 feet, more or less, West of a concrete ditch; ., thence North 00°14'29" East, 766.63; thence North 18°01'58" West, 773.49 feat to a point being the centerline of said concrete ditch; .; thence along the ditch centerline for the following two (2) courses: North 43°39'57" West, 627.28 fent; North 09°59'41" East, 693.33 feet to a point on the North line of ' ' the Southwest Quarter (SW1/4) of said Section 35; thence South 89°58'47" West, along said North line, 545.74 feet `); • -'.+ to a point on the West line of the Southwes' Quarter (SW1/4) of said Section 35; • thence South 00°13'43" West, along said West line, 2638.51 feet to the Point of Beginning. $' AND TOGETHER WITH: The SW1/4 of Section 33, in Township 7 North of Range 64 West .k,: • of the 6th P.M. , Weld County, Colorado EXCEPTING THEREFROM �R • that parcel of land as conveyed to Charles L. Mason and Asa A. :1'" • Decker by virtue of Warranty Deed from George W. Musburger `? dated December 8, 1908 and recorded December 9, 1908 in 1{" Book 289 at Page 171, Weld County records and ALSO EXCEPTING , THEREFROM that parcel of land as conveyed to George A. Mitze '• ' >:F: and Annette B. Mitze by virtue of Warranty Deed from Vernon D. .•'44 t• ' Cecil and Roberta L. Cecil, dated August 3, 1970 and recorded t 14.4. July 7, 1975 in Book 742 as Reception No. 1664497, Weld County `'i iti records, described as follows: t!:; A part of the SW1/4 of Section 33, Township 7 North, Range 64 7 w, West of the 6th P.M., Weld County, Colorado, more particularly il described as follows: BEGINNING at the Southwest corner of Section 33, Township 7 ~; . North, Range 64 West of the 6th P.M., Weld County, Colorado, ;.Vli, and assuming the South line of Section 33 to bear North 89°58'17" it Y• : 'IF! : ♦ • • r , . .' ..._ , . Ll ,, - X395 +. ;< Exhibit A 181'74' i'er'''-- Pa le Two 4—, # :t, and all '.ther bearings contained herein relative thereto; .gig., once North 89°58'17" East, a distance of 2,160.98 feet, more V. : ;.r less, Lo the TRUE POINT OF BEGINNING: :• thence North 00O45'21" West, a distance of 300.22 feet, more or less; thence North 49O51'58" East, a distance of 607.61 feet, more or less; thence North 00O27'26" West, a distance of 381.07 feet, more or less; ,t.;thence North 41°25'05" West, a distance of 400.89 feet, more or less; thence North 36O36'28" West, a distance of 79.17 feet, more or less; thence North 31°28'05" West, a distance of 183.13 feet, more or less; thence North 44°13'26" West, a distance of 250.00 feet, more or less; ; '.; thence North 24O09'50" West, a distance of 854.21 ', feet, more or less; w �(: thence South 89O25'26" East, a distance of 941.09 feet, more or less; ""'•21 thence South 00O43'04" East, a distance of 2,230.29 feet, more or less; :'-i' thence South 01°05'07" West, a distance of 311.98 feet, more or less; .. thence South 89058'20" West, a distance of 475.52 feet, more or less; ,, . to the TRUE POINT OF BEGINNING. ..1' 1 ,. t 7S f •., k t 1 Y. l i0 . i' r 11' , 1 i Mu dil1 . _. . .... 0 - ,+ '''.:'•_ • Csx. 895 •[ . 181'71'7 EXHIBIT B 4-N ,'y' . 4 : i; x To Special Warranty Deed from The Order of the Holy Family, a Colorado non-profit corporation, to Ambrose & Company, a Colorado corporation, dated. February 20, 1980. • • f*:.3 Matters to which title is subject: OW #r: 1. Rights of way for county roads and highways. � , 2. Owl Creek Ditch and rights of way therefor as filed July 5, N' S 1906 as Reception No. 111816. s,; 3. Mason Reservoir and rights of way therefor as filed August 20, � ` . 1906 as Reception No. 112629 in Book 2 of Maps at Page 54. , 4. Mineral reservations and rights of way therefor recorded May 7, ,)r 1907 in Book 233 at Page 90, recorded February 2, 1903 in Book 201 at Page 401, recorded May 1, 1)09 in Book 233 at Page 207 ,' and any and all assignments thereof or interests therein. �� 5. Right of way for inlet ditch to Mason Reservoir and rights ',. of ingress and egress to and from Mason Reservoir as recorded t'' r December 9, 1908 in Book 289 at Page 171. i:• 6. Right of way for a ditch as contained in Warranty Deed recorded '}' February 21, 1910 in Book 325 at Page 12. -i'f 7. Easement and conditions recorded December 3, 1973 in Book 704 r4 under Reception No. 1625810. 8. The Larimer and Weld Canal and rights of way therefor. 3' 9. Mortgage in favor of the Federal Land Bank recorded July 2, 1979 in Book 874 as Reception No. 1795543. •' ;. 10. Deed of Trust in favor of Cecil Farms, a partnership, recorded ,,e September 21, 1979 in Book 882 as Reception No. 1804106. ,% 11. Deed of Trust in favor of Ambrose & Company recorded September 21, 1979 in Book 882 as Reception No. 1804107. _ , - 17 12. Financing Statement to Commodity Credit Corp. file(' November {�:' 1976 as Reception No. U108778. %_ 13. Taxes and assessments for the year 1979 and subsequent years. F S,r 4; I n.. • K'. I • Y1. • 4 1 .,i ,� ',It � ,'g . a j-•,^r^.y ,r..n`,..1,•...r., .. •r » '� � .f'P.° •"7777 +� I .Y,rhE fs[.Jk r z Yl 7^'.r A ,} �di2,,,.,---1-, , , t` Nsad' tE " �� t('i th , . I }• Lr t! • 1 t'. rS :d :f t ;k ''v°.'11Z4�tt1),l-t.k t 4 T4."„+ '1f{h1.41 V. it d+k :'4 i i."Y '!f ' � K t , , r '� ', 1 t s,+r • 1 n u „rlt p tt. EP 211979 � Rere loon Xo, A.C.,J•10�" ,t 24(s, . J.tJw U.vv Ifl.,n•rll•: I �t ' V3o�d fo ilkunt/, Gotoradc I !'' uEc lInl;ft'Ssl', Mr' l Ttitslliii,:uM deIhi. 20th day,d' September, • I ID 79,i,etteeell CECIL I^ARMS, a partnership ." E.>. of ihe �: I County of Weld nml stnv, ,n•olo• L ,rd.,of the first part,and THE ORDER OF THE HOLY FAMILY nO1} P ,F} ,. n1'gttni•r.nrl nn,l oslst!ng under and by virtue of the laws of l he Si1itt„f Colorado „ft ho second pan:whnreingol address is St. Andrews Abbey, ._.rl ,� 2015 Glenarm Street, Denver, Colorado 80201 —_ _ ^^ • r; V1TNKSSET!I.'flint tin sold ,nnnt y nE thy trot port,fr,, Inn'!inronniderhtinllnfth,•sow of ,• Ten Dollars and other valuable consideration _no1.1.ARti e , p : tut.he said port y of the first iiiirt inn hand paid hy the..iiiil parry of the second port,the 1.1.ePipt whereinf Is hereby confessed and acknowledged.It,, •Sg:'ante'I,I,nrgnrin•d.oehl out conveyed,nod by tl1050 prcrenlr nines �j grant,bargain,sell,convoy and confirm,unto t he said party of!by.round part,its succeosnrs and aasi,,ms rocce'r • O ail of the following described lot or parcel of land,situate.lying inn(being in the County of weld end Stt!,'of rolnr•trdo,t',wit: See Exhibit A attached and made a part of this Deed , • • :d?n know•tt:n?U'et•t and numh'•r r. . . I• in noyw l.e t TI1(iET111;1{ w-tth ,,i: ..:o! •.c".• !I • .�.. at appertaining.owl the rev.•r.p,n ,! n,• : ',IL'. n I p' n '.and all - ..r•t .mam I , .'t V '•ill,.;,,,t.n.,-.. t-her in late,,t. • :ho cr:att.talL•t.'it'.•.t'.t.•„"' . equity,Of.to and to I to•:II•„ b:,:t:.:nrd:.rem ise.,ran h I lw n••I,•,iit:noen '::wpm:te❑:moos. C • TOR.\v:.\Nirro}II)I.1,,I•,.-:ed.;o••n".-.•.:16,,r•, L,n-r:nnod:n.I d,---." ,'•,i.with the ay,purtenanca•s.unto the said • party afthe svru n,l Port.,!•>u„• ,..lit I.,•-:1..n.t.,,,er.AM!:hr s:,i,l!':r' \' of the fil'st IMO,'-:. � ltrrl f, 1t51t•.u>.r;,,..."....r,!e•In„n„;.;.:.,r-.dn�S ,•,,,rn.,n;,gran;.htn•gain amt agree to s,td o.:'.. • tl,o ?aid 1,1rt+' ,!t h.. ..r,.,• .!..I ...t. ••-•.., .nn.! .rs?It:n.. t II:rt n: the t iinit..of the ensealing and deliee,.: ' these pre.er..t-. it IS ,•::' •...:'•ni-'':,,.rreiltic,•.a hove c,•t:v:•y",h:Is n't'.",l.sore.per feet.ahsniuto oil! indefeasible estate„I stl,••t:'.n,•' it::ow,:in..."'••...p'..,and hi:. co"d right.1,.,l:enter and lawful at:therity to t r•a nt. I'nrgatn.sell noel,",nvec,le .an:..in, n,,nne''an,l in,n:3,of,I. .:o.L,utd tint the.atne:u•e free and clear from all • formt•r and,.t 1u•, gt ar:-.h:,rc.,ur-..u. .. )••n-.:.u,..,:r <.s-nemto card en,•'inibr:utc,•.•'f whatever kind or nntmr sopver, except reservation contained in Patent recorded February 2, 1903 in Book 201 . at Page 401; except reservation contained in instrument from The Union Pacific Rail- road Co. to Luther Drake recorded Na'.' 1., 1909 in Bonk 233 at Page 207; except easement for irrigation ditch together with all headgates, ditches and other aut�trrt nanC 1973 in Book 704 touter Reception No. 16258 0 and thereto as rea�rded December 3, e . mod the nl,o c.• Lureuined In•rnti.e. m I h.• q.,I••: nod p,•acvlol 1,^a,..!on.d lire.a,11� Antic nl till's r'nx part,its .ncreo•nr Will as.11‘tio,against lilt and'ever, lwr•„n,it per-ins law•hilly clniut'nrg or to rltunt the whole or any part ' thereof.the sold part/:REorth„firssport-hn!!on.!will\t'.\I:liAX'i•ANHItlkl•:\'ER11Eri,N0.ctn.l IS WITNESS s%ll ()l•'.'rhr sold port y"flit"fir-! 'u I to 5 lip t ouni,,set i tS anti sing! she day HMI yrur first nl,ovew'ti!t,.n. CECIL FARMS, a partnership • •/) ._I;t}::\I., led and 11rN.vored in the i'rrs,•n.'e of By: !/_e ).t(`/"l C. gee k"...".. J lSF::U,I Vernon D. Cecil, General. Partner IsIdA1.1 1t'rATt:"F r(ILORAI1f1. ' A ( t h (*minty a( Donvor Inn. .. 1) 1 !lily or SOP trmbO.I %mgmrngn(6k/Toutmeritwn.nekm,wiv,tyr•rl1,ef,oemrIhim 20th 1 A ,e479.by0yIr dtf;D. Cecil., General Fart:nor of Cncl.i 1t,1rntFl rr•My n,nlr (�eiirett 8-28-93 • el 1 N�11 7 l it,1loyilrnd,rffirt9l avni, *ow:opt tnYnn and innonrmnnt for WKI Your 1.9741 and lulntii.µiont yt•rrl'nt 4•PSI MIMM/4111NII'f,+tmhl'rnl Pfri I•r1n'sl.t,•!+MaM+,e.,l i �� Ih. p .!t-,I,•. ,,.,.n r, . I.,I!n• .r.Jl,,,t l,.• „I. . .:1 Y. ai h„ G '(�(iJ� 3 v — ..�'I ...fii *7�' ~qis 4110 d4:11- ,l';� } `r lU'�_t t '� 1"'" yv- a{1//"u ,, ,-.• �Y• • 'S �', YI ri�r� y k,1 :„,..,,•; if r,' r ,y � I., � , ,�"h ��rt f f'v)t?w{y, t rf f o-!:4 ; (', aY r .,S t .-+,. .,,/t.;,-' l'L a I....!'!'r.:‘`:-'..=.- .' I - ' .. wRs .r.. ,',7!!nr.wit/4'!... .., 'r t.. NH ,iiii. ,.,t ;hD. . ' .�. (1'1UJt3 ,�- 882 4-3- :fit EX}IIRIT A ,' ' TO WARRANTY DEED DATED SEPTEMBER .':r, 1979 FROM CECIL FARMS, -- A PARTNERSHIP TO THE ORDER OF THE i1OGY FAMILY, A COLORADOft- NON-PROFIT CORPORATION III The South 1/2 of Section 35, Township 7 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, except :',?{ two (2) parcels of land described as follows: 1 Parcel 41: A tract of land located in the Southeast Quarter - •' (SEA) of Section 35, Township 7 North, Range 64 West of the :4 6th P.M. , County of Weld, State of Colorado, and being further ,:1 described as follows: Beginning at the SE corner of f35, sa id — Section 35, and considering the South line of said Section ` to bear North 90°00'00" West, with all bearings herein being relative thereto; thence North 90°00'00" West, along the 1 South line of said Section 35, a distance of 1597.52 feet; thence North 02°09'14" E_.st, 1086.28 feet; ' ' thence South 89003'52" Fast, 443.87 feet; thence South 89°04'33" East, 1123.54 feet to a point on the East line of said Section 35; . thence South 00°34'06" West, along the East line of said • Section 35, a distance of 1060.20 feet to the Point of ,'.: Beginning. tParcel 42: A tract of land located in the Southeast Quarter t (SEA) of Section 35, Township 7 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, and being ...1 further described as follows: Commencing at the SE corner ;, _` _-. ; of said Section 35, and considering the East line of said }. 3-. Section 35 to bear North 00°34' 06" East with all bearings herein being relative thereto; thence North 00°34'06" East, along the East line of said • r -- - ;-4 : Section 35, a distance of 1060.20 feet to the True Point ` g. of Beginning; thence North 89°04' 33" West, 1123.54 feet; 3 thence North 00°00' 48" East, 827.27 feet; 1 thence South 64°55' 13" East, 307. 39 feet; thence South 89°57'43" East, 851.87 feet to a point on the `. East line of said Section 35; thence South 00°34'06" West along the East line of said SS Section 35, a distance of 714.56 feet to the True Point of ,1. Beginning. TOGETHER with 4 shares of the capital stock of The Larimer ' � : and Weld Irrigation Company, 11 shares o£ the capital stock ,. ' of The Owl Creek Supply and Irrigation Company and S shares of the capital stock of The West Cut Irrigation Company, together with all water and water rights, ditch and ditch rights appurtenant thereto. e, k • sti: : v 1 - _ - fool( ' Recorded at /G o'clock �Il..-Df, DEC 11976 ' .=- Reception No. 17.0.5.V.566 MARY ANN FEUERS7E1N . Recorder. ,2-I - VERNON D. CECIL and ROBERTA L. CECIL, husband 71 . -:_ r and wife, "e . whose address is Rt. 2, Box 518, Eaton, fK^`. .3!+7~:a ty of Weld ,State of .., Colorado ,for the consideration of TEN DOLLARS AND OTHER GOOD AND Vr.LUABLE CONSIDERA— o �dollaea :n hand paid,hereby sell(s) and convey(s) to .-t CECIL FARMS, a partnership II ° whose address is Rt. 2, Box 518, Eaton , County of el to Weld ,and State of Colorado the following real property in the o County of Weld ,and State of Colorado,to wit: c.l %LI (SEE LEGAL DESCRIPTION ON REVERSE SIDE) I • eJ } 41 .C7 • ACTUAL CONSIDERATION LESS THAN $500.00 • 0 ` 4,.?.. with all its appurtenances, and warrant(s) the title to the same,subject to • • Signed this / day of ' .1976 . Vernon D. Cecil - husband •i fro r a.L'. Cecil.'. M fe ' ._. . a STATE OF COLORADO, County of Larimer • „.rflirateragping yins, ''um`ent was acknowledged before me this .Z a..� ,19 76,by 'VERNON D. CECIL and ROBERTA L. CECIL, .- .y -.o��=.: husband and wife. Skytow . ni4toonlexpires S-JO—ar0 `Qitielsltnd and official seal. r .gear,Petite No.OWf, Warranty Deed—BMrt 7erf11ndtord AaM.hlar ca.15!{45 Bleat Stmt.De...e Catmado. MS J - en '" °, I I b w '4 i ; U. ! o irr• n > 8 x :d ° 3,.'V{i'4 7I 'I' G. y v n PI cn� Ll C=__...._ r.• =7 CA s i \ ° °z O C - r CJ1 '4'1 g c, ....1 0 r tt 4. r 6 m M x'783 ll i 4 a. 11705038 —— The South Half (S1/2) of Section 35, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado, EXCEPT two parcels of land described as follows: • Parcel 1: A tract of land located in the Southeast Quarter (SE1/4) of Section 35, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado, and being further described as follows: 82ginning at the SE Corner of said Section 35, and considering the South Line of said Section 35, to bear North 90° 00' nn" ` t� West, with all bearings herein being relative thereto; Thence North 90° 00' On" , West, along the South Line of said Section 35, a distance of 1597.52 feet; Thence North 02° 09' 14" East, 1086.23 feet; Thence South 89° 03' 52" East, 443.R7 feet Thence South 89° 04' 33" East, 1123.54 feet to a point on the East Line of said -, Section 35; Thence South 00° 34' 06" West, along the East Line of said Section 35, a distance of 1060.20 feet to the Point of Beginning. Parcel 2: A tract of land located in the Southeast 0uarter (5E1/4) of Section 35, Township 7 North, Range 64 West of the 6th P.H., Weld County, Colorado. and '` being further described as follows: Commencing at the SE Corner of said Section 35, and considering the East Line of said Section 35 to bear North nil* 34' 06" East, with all bearings herein being relative thereto; Thence North n0° 34' 06" East, along the East Line of said Section 35, a distance of 1060.20 feet to the ----True-Point of Beginning; Thence North 89° 04' 33" West. 1123.54 feet; Thence North 00° 00' 48" East, 827.27 feet; Thence South 64° 55' 13" East, 307.39 feet; • Thence South 89° 57' 43" East, 851.87 feet to a point on the East Lire of said Section 35; Thence South 00° 34' 06" West, along the East Line of said Section 35, a distance of 714.56 feet to the True Point of Beginning. ` `:` . ,. :, ,, ,f ,, "."I •,a1 .t y .�trs i .f..s •� ;,-i,' Y k .h l __3 ''t ,.+ < .3i 3 r ..1 A,•••,,,,,. �` z aJ' y r2' -F a + t. per„ „.viC- 11. cry ,�.e a1 ,trg. _-'0',0'•IF�' .+ - fy s -.em • x v � rr1� -!f' '".: ._bias ..� ,sue 1d y .5trN, . _ -.t+ �. t-d,++"'+ . g rsi r 1 � . '`' :4 -e', °{{ fa�' ?, + i�' C"•r 1; 1 .t. rti'E z t' '7s - y 6,c- 1- -x,,,,,,,..,t7„.. L' i' e f�44Y 4. 3.4, i ..- -e e'•,}} 4,4",,•-... >�,� 'l,.` O- -•'-"r i+S. •..•' .'f 4,....- .. x , -.i:f� �.s it< t . ...4-#.',.•-,'"--: , „x,.. s - 2._ah'43•�?.... y ,,- + fit ♦t,x � 1,:- Fry ," '6. ;,-,-I:'°`.t-, '� %� ,� E• ,447-.`fi•. c 'was n.•nr.`�s.5?ti+ E F-'•. ar r + + r: F^ ' ., ,.,-,.a+ =i'-',4O.-.,,,• .' f, .,,.-..N.4a',"-,a.si,rt,;,•.'€_, a- _.._ :".v. k tiw, � .-Z.a-��• i''',44•••4,-•''4,-.- .r�� x,:+#. - •war• ,.n',. �� -�ry.,•,A4�td�-AO � :4 1•` .'*'R r-`�[ !i 3 `,� 4p r s�,t�„cP A i i ION s •g"�v f� „-,t, :X-1.: {I`Shads ":*;;*0800.)1.4.;:; ,55 `--s+taU'-14- • .,,"R11,`r ��' �.. -- k a , stw+cV. ' X., �''ma"''' it - 4= t.—t i;. .-�..^ s �enera,o- "e" -•.r..mrrrgy.-z,..4,..--,1-..v..-„t rt { {} '�...�--.+._...-..,,.,,�. • . .,. - -a.-s-s�-c".*^-t•..«s..--^-----• - �..- �..-..,�,..�-.. ` z„��y,� e iQq,, +.'�y (0: fiel$CLW `!''t�-'K` 9 1t de it* IOth opyof---:attach--- Setlnr ntaaLc•3 .i '•i$* t pt x - seventy-two betsro� xy •-,,,,,,,,,,,,...2.141C.:_,'.•, .. a•-' k:'-'f !i tAearlsvl rise htal2sod red Y' :� ...-YONALD W. JOINSON and i;Si;tL'rsT R. JOi:'¢^ ..— _.- "' ,r 3 C —lit Weld sod Stab atnekaus.etdeh}sn"at.Da I. 1 «.�w 'c. €€ d tae O�+t7 d ' VERNON D. CECIL and ROSSRTh L..CECIL c" ,' ��'� d the�4 of Weld u Spite d Oolmvh.of the,oenai pert; s 'el . -e ^ea and other wloseweth.That the rid peso i e!d the list ysrt for wad b aa�drrw'bn d tin can d DOLLARS,,:,,,,,, ,,,it,..,...' good and valuable consideration - the rid putts at the sexed out;0......spa ei..Mq e-L••—.L 1, r 4r the aid pea4 ie 6 d the 1st fret Is burl putt by z b !--- famed e.d.dsovist N.>r Ve parW.Luplsed,mid slid seiryed.sad bs time b.d° amt:-ba} ?20 1 I t. y asevey sed sssdsto.aste 1M eeid psrtlw d the aaa8 9or}.dos r tseetlSy ie eolerew bat b rem ttmesc�,trio sar.eer r.... , ��b - 'I' l thew.their swisee sad the babe Sod wipe d mash survivor torava,Attie tales*daeaibed 1st or easel at fond .,../.4,-'* <,'4'1i b oltaese,bye dies is the Qoaols d held asd•tlt s d Cokssder to-wit.The 81/1 of - 9F4 o S tioa 35, Township 7 North, Range 64 Westoff the t 6th sP.N.,ares togethere.s th . i� 1 shares of Owl Creek Supply Gr 4 Irrigation Water Contract, except t a o I igat3on Co. and City of Greeley r� j; : cols of land doscried as follows' section 35, Town : q'� S col No. 1. A tract of land located in the 821/4 of < ,,; ' r s Lp 7 Worth, Range 64 West of the 6.h P 11. Weld County, ColoradOS add 1`;`,,,,, D -a further described-as t'LcDis Lied atagaze nactioa the 835 Corner bear 1t'9Q`OQ'OQ , �.� wN t,Gw th aii-beerings berate being rel tive heretos?f 1597.5a pence �:� ' •" r 1 5Y tt ! a27ng td= S Lint of s dfeat;t Thence Southht�$e 9-03'52 Bast 443.s7 eats 3! r 1 ...:-.),..--;,-:,',..,-;.•,,.•:;.....' - s�Z'' >t nes SYY ut 89'04'33"4 10a6.S int `A s nee south Thence 00°14'06�sN feat alo q th+po Ltnenof the qwid Line 3ectiola 5, -44•'.�f` :AFL i a s a lion 3es fh1n 0 South - if SaiC tract of #'' x 1 a staarrs of IOtQ.2ti feet to the Point of gsglnainy. �• c t+eins 38.208 acres. •+ •4 if P ca' No--2• a tract of laud located in the SE1/4 of Sect-oh 3.ti Te, ' dip r+ iY.r� ?a.3� h tt I' 7 atth, Rango 64 west of the 6th P.N. Wed Cgznt , Colorado, an b.ci .:.,,,...,04-,..,...1.7,..2,,, +Sd *_ , f th2r desc 1�Sed as follows: Coteaeno�>; at the S Corner of sate' Sect on, t+' W a 9 2 6t and withaa.labiar3 ge hereinibeing relatSection vettl ereto' T to heencear orth WorthO0;.34'06T,,,..,-,..-.,-,,.7•44-_,./4.4...,, ,.a- 4,;',%,,,,.;,--,,,_ ' -' a :.t, along the rsaat Line of said Section 3S, a.diita'%cs of 1064.20 fes' to ;,�,; acv r �� •- ` ' t e Tine Point of BegSrtvir,g1 T*eJt.e Korth SP 04'33 West. 1125.54 d,'set1.= ,.39le,'�i �.0 s'kP'�ti, f• %'t euce acrtia 00'00°'48' Ter.., 827.27 fect� Thence Scutt) 64°55't3e Eanntr ";4f -;`�'� . . r(qpors Ehs ea South e,nce South 0Nc�1., �cs87^feata..a�_`a e, t 4Aae Or ■c a 0i,. ar is4 151-S.. ' t', , • said gnet5nu 3w :.anewe 8o___, tr -.G ,-..',.°-+i i r7 �� S cLioa �c5, a diai:wnas• of 711.56 Y_'tet f )-the "ran Point o� Da:.1t istr. '°"+'#".-:.:;;1-‘,,i.'.,;,,::., t . Jack,. +", arF «,1-et of land zebtaiaa 18.x,3 "wrap. t � �'�'y.t ,;y ka ei t .,�,,�,, �y.��;�t.k.*t q "'7!L r3 act ei as4or the hae�hm,.nnta f ay�><vtrr+sm!i>s~+mtn b to C6.ar is ma7vLo spgrtm t vtS ! .- i i {i Ft7'7 '` Fad • tier rrttrwoa rye!n,:v0ttn,IIIPl gsto sad:y,.:s;rat}rm.mai*fea rid nroE:a tr^er4...•t!a tkm eater.;540,lissom J. y'."v41 .,-:'-`41-,..4,„7..-7.:4'� '+ •:':a L•vt i ib t'I h•r a yr{ait;•,•f,b and M et.r b rs !( t a t'^it.;.,, •d%. 1 I1410• ".-.+ +y":,,�C+r 11 Fo e'rf...wad Aare•If.`+0100,/of W We J+sKC:$1_ - p fI ,;� 5, y,,,� � ,•,...^.1-•.-,.+orb;;.t.tmrsdltseruae eM+uirmtc�+k4. fI ' '�710 t :r _.,time.=..'•n RAJ the o,o R•'mS�al..►o bit r pJsed nowt'':eeibr..l.wN_`tIt:K3 "'"ra"'t w+w Alt maid part.r:t e' +'3 -ti. f! t4 q 1 �t+' ' 3 �- 117,1(44'i'f. 4:.-`‘4.,„4,444 t y 1, •s:oeaa39est'�nrm+trace.dom,tbsirmemwdtboL.i•L•sddAsif�^'me),rxv'<.errte,wa- Addt'aeta..oarst s rya y ,k 1 r g1 "• '' ! tithe -_ t,tosthtenervet, tbeeri %cns•sn,,cad.am.,i .,sua,4, csraa_*R..;a•! tai r . •:. ,r:. .17e4_i'•'•Y << „�•r-lily—,:1.'wet te tee aitc iitt%ki a►'is;v d the emeoed p m the,nr.vue.4 Arm,Oak serfs.*aid the metre erti csr;a I +�.4r�s• t� a, "•.•.: -^t•, i{ o ,otear,vmr.t!+tatt}..,timeofthe.serpreteaaddsiveryof*Yeepreo tits. are we!n.itoelor the teanisg ti �+ � i!!r ,b..0 .,�-a.Mt•!..1.7.....-k^-e�.':0:�.a:a elnis sad iueiakA&,ie ewnsi of ltelit.:_r LL Wiz,b fen.-n.-L..a s.-.4 ...- --s• .. V si�,t.t.IJ Love=caul bast'3 eWAaiV m Pant.hssOie.rC and o.,et7 We R..aom manor And form af'•te.aid,sail end II rr„„ ' - .• . 1 �e i,aao an 971 aid that ho.n dl tormr`•j sthi• kerAls4-vIb•,h3 tp tt.sere "°d 0,e ��sa v y ayaaaa in 7 • I�e— 17IDi nc� ti lei ee a goii o e !101 l iocti.wmaa/a§ `nito f;re s., X -*a -- �.a. agcy e��eietlb paMrtd.�gt@g�e�fJ tsrere or r.�div cs.�r�e!re p t®c- tMm,t}tlr 8.4re end tte hoist tied-am�e at we earvnby slim ail in every pines paeans tn Y. .. to cairn the whole or Key pert cheroot,tam said part.lee d t ant pa•'t den and will WARRANT AND,FOREVER D t rict ,..,',1k.;,:1,..,....:,÷,,':; -. DFFSPiD y 1 a3- •• Tn MUMS 'lbt'sold part d tM bet part he vs herosato let th�el}it band 0 and �a•y . ,. reel �.day sad La.boas written. II_/J/ /1 I -.. >r - ._.- 1 r"• L's'fW'r „a.,�..K _MEAL) 14 w" ,L 1. Sri L) -. , _MEAL) - - a �.... 1.. The foreiolns taitrtv1 met.--ndkF+riert!rd?atom^rza tile—.yZ»n_T da9 r T .+ �'l F..0..; e- *pie * 0� 1?lil'h .1972 ,by ROt1ALD W. JOPNSON and SRI Y K JORNSCL, k 1. �r rn - f a�4 t g •• old ollelal Sea MY C0Rwnissk:" Enolres A►f adyt ca � .Dlr+a "' ?q 14�5 Notary •a . e+•'• V v K r Y ,J H WA"`MAMiY DICED TO JOINT TSNANTA-was C....atm....e..w.v.w,eoio.-..Y*4n . ■.el.a , : 1 is-7'•.. RAC . • 4 S 'y. � L �1j- ZY 1 . ``�yy }Q rev\'t».__J. C yr`Y' S J, ri 4) GRANT OF ACCESS AND UTILITY EASEMENT THIS GRANT OF EASEMENT made and entered into this J/4 day of July 2008 by and between David W. Dyer and Janice E. Dyer hereafter referred to as"GRANTOR'S"; and who are the owners of Lot A of AmRE 2001, being part of the FA of SECTION 34, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M. The "GRANTEE'S" are described as the owners of record, heirs or assigns of Lots A, B,C and D of RE 4119, and Lots A, B, C and D of RE 4149,all of which are all located in E'/2 of SECTION 34, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M. and Lots A and B of RE 4100 located in the SW1A of Section 35, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6`h P.M The "GRANTOR'S" do herewith grant and convey to and for the benefit of the "GRANTEE'S", an access and utility easement,described below as the"Easement Area". Considering the east line of the Southeast One-Quarter(SE '/a)of said Section'flirty-Four (34) to bear North 00°02'14"West, between monuments as shown on the plat,and all bearings contained hereon being relative thereto: EASEMENT AREA Beginning at the Southeast (SE) Corner of said Section Thirty-Four(34);thence along the east line of the Southeast One-Quarter(SE 1/4) of said Section Thirty- Four(34),North 00°02'14"West, 1434.07 feet; thence leaving the east line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Four(34),South 90°00'00"West,64.96 feet to a point on a curve (C2) bearing to the left which has a central angle of 83°31'25"and a radius of 65.00 feet,the chord of which bears South 48°14'18" West, 86.58 feet to a point on a curve (C3) bearing to the right which has a central angle of 79°06'43"and a radius of 10.00 feet,the chord of which bears South 54°51'21"West, 12.74 feet;thence,North 90°00'00"West, 585.84 feet to a point on a curve (C4) bearing to the right which has a central angle of 90°00'00"and a radius of 30.00 feet,the chord of which bears North 45°00'00"West,42.43 feet; thence,North 00°00'00"West,22.10 feet to a point on a curve (C5) bearing to the left which has a central angle of 45°10'28"and a radius of 88.85 feet,the chord of which bears North 22°35'14"West, 68.25 feet;thence, North 45°10'28"West,351.75 feet to a point on a curve (C6)'bearing to the right which has a central angle of 45°08'15" and a radius of 120.30 feet,the chord of which bears North 22°36'21"West,92.34 feet; thence, North 00°02'14'West,811.47 feet a point on the north line of the Southeast One-Quarter(SE '/a) of said Section Thirty-Four (34); thence along the north line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Four(34),South 89°41'17"West,282.50 feet;thence leaving the north line of the Southeast One- Quarter(SE '/4) of said Section Thirty-Four(34) and along a curve (C7) bearing to the left which has a central angle of 82°02'17"and a radius of 70.00 feet,the chord of which bears South 49°32'38" East,91.88 feet;thence,North 89°41'17"East,72.80 feet to a point on a curve (C8)bearing to the right which has a central angle of 82°21'05"and a radius of 10.00 feet, the chord of which bears South 49°08'11"East, 13.17 feet to a point on a curve (C9) bearing to the left which has a central angle of 82°06'09"and a radius of 64.98 feet,the chord of which bears South 44°35'31" East, 85.34 feet to a point on a curve (C10) bearing to the right which has a central angle of 89°28'14"and a radius of 10.04 feet,the chord of which bears South 45°02'48" East, 14.14 feet;thence,South 00°02'14" East,530.52 feet to a point on a curve (C11)bearing to the right which has a central angle of 55°52'59"and a radius of 15.00 feet,the chord of which bears South 36°33'00"West, 14.06 feet to a point on a curve (C12)bearing to the left which has a central angle of 163°48'28"and a radius of 65.00 feet, the chord of which bears South 00°45'05"West, 128.70 feet to a point on a curve (C13)bearing to the right which has a central angle of 63°19'23"and a radius of 15.00 feet,the chord of which bears South 41°44'18"East, 15.75 feet to a point on a curve (C14) 111111111111111111111111 liii 11111 INII III IIIII DII IIl 3564217 07/02/2008 09:09A Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder bearing to the left which has a central angle of 41°40'23"and a radius of 180.30 feet, the chord of which hears South 24°20'17" East, 128.27 feet; thence, South 45"10'28" East, 357.09 feet to a point on a curve (C15) bearing to the right which has a central angle of 45°10'28"and a radius of 28.85 feet, the chord of which bears South 22°35'14" East,22.16 feet; thence, South 00°00'00" East, 22.10 feet to a point on a curve (C16) bearing to the left which has a central angle of 90°00'00" and a radius of 90.00 feet, the chord of which bears South 45°00'00" East, 127.28 feet; thence,South 90°00'00" East, 635.88 feet to a point on a curve (C17) bearing to the right which has a central angle of 90°02'14"and a radius of 60.00 feet, the chord of which bears South 45°01'07" East, 84.88 feet, thence, South 00°02'14" East,259.60 feet; thence, North 89°57'43"East, 10.00 feet; thence, South 00°02'14" East,396.52 feet; thence, South 89°57'43"West, 10.00 feet; thence, South 00°02'14" East, 557.18 feet to a point on the south line of the Southeast (SE) Corner of said Section Thirty- Four(34); thence, South89°34'40" East,30.00 feet to the Point of Beginning. The above-described parcel contains 4.53 acres,more or less,and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. The"GRANTEE'S" shall maintain the "Easement Area" at all times in good condition and are solely responsible for all repairs and maintenance of such"Easement Area". The purpose of this access and utility easement is to correct, replace and supercede easements recorded at Reception #3561529 and Reception #3414825 and Reception #3414826. "GRANTOR": David W. Dyer Janice E. er STATE OF COLORADO } } ss. County of WELD The foregoing instrument was acknowledged before me this_ A day of July 2008, by David W. Dyer and Janice E. Dyer. My commission expires f e h /% . Witness my hand and official seal. Oo ....... .•••• �... Notary Public "tOTARY •. ..t51 PUBLG I 111111 11(11 11111111111111111!III 11111 III 11(11 !III 1III 3564217 07/02/2008 09:09A Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder 1 111111 11111 111 II 111111)III 1111111 111 111101 8 25 3414825 08125/2006 04:30P Weld County, 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder PRIVATE ROAD AND UTILITY EASEMENT-SECTION 35 An ingress,egress and utility easement on, over and across part of the Southwest One-Quarter (SW '/4) of Section Thirty-Five (35),Township Seven (7) North, Range Sixty-Four (64) West of the 6's Principal Meridian,Weld County, Colorado,and part of Lot B,Recorded Exemption No. 4100, being more particularly described as: Considering the west line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35) to bear North 00°02'14"West, between monuments as shown on the plat,and all bearings contained hereon being relative thereto: Beginning at the Southwest (SW) Corner of said Section Thirty-Five (35);thence along the west line of the Southwest One-Quarter (SW '/4) of said Section Thirty-Five (35),North 00°02'14"West, • 1434.07 feet;thence leaving the west line of the Southwest One-Quarter (SW '/a) of said Section Thirty-Five (35),North 90°00'00" East,30.00 feet;thence,South 00°02'14"East, 480.56 feet; thence,North 89°57'43" East, 10.00 feet; thence,South 00°02'14" East, 396.52 feet;thence, South 89°57'43"West, 10.00 feet; thence, South 00°02'14"East, 556.84 feet to a point on the south line of the Southwest One-Quarter (SW 1) of said Section Thirty-Five (35);thence,South 89°42'18"West, 30.00 feet to the Point of Beginning. The above-described parcel contains 1.08 acres,more or less,and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of- way and/or easements of record or as may now exist. /3-2,01 /7,9":".-0-k— (//".el ') David W. Dyer Janice". Dyer The foregoing certificate was acknowledged before me this day of 4-671G-p,---- A.D., 200.. My Commission Expires: io//1/ 07 Notary Public: Witness my Hand and Seal ap�pF1 pU�`/l','' ti i f WAYNE A. I HOWARD ' r t, ®F CM- • • EXHIBIT A - SECTION 35 W 1/4 SEC 35 2 1/2" ALUM CAP LS 12374, 1997 c� z w CO nom 8 mom Po O O 0cp d Z -O ajj d7 BUY v - =U 0 ° -� N90'00'00"E 0.3 g 1 30.00' m > // --Oy —�o Ici LLB _U)coCNI .O ""*4 •Cr) N89'57'43"E 10.00' N l\ O : • , I• I II" : I I : I• I III , I I •o .O O o O Z \ 89'57'43"W 10.00' I(0 • ;co In 10 w 1.08± AC itt (1.06± NET AC I liv T. 7 N., R. 64 W. LESS WCR 74 •o WELD COUNTY, CO O Row) 34 N 35, „ • • S89 42 18 W WCR 74 30.00' POINT OF BEGINNIN� 2 1/2" ALUM CAP 3 2 LS 12374, 1996 PRIVATE ROAD AND UTILITY EASEMENT illlIl • 3414826 08/25/2006 04:3P Weld County. CO a 6 1 of 3 R01/62.50/0200D6 16.00 D 0.0004:3 .00 Steve Moreno Clerk & Recorder PRIVA 1'h ROAD AND UTILITY EASEMENT- SECTION 34 An ingress, egress and utility easement on, over and across part of the Southeast One-Quarter (SE 1/4) of Section Thirty-Four (34), Township Seven (7) North, Range Sixty-Four (64) West of the 6th Principal Meridian,Weld County,Colorado,part of Lot A,AMRE-2001 and part of Lot D, Recorded Exemption No. 4149,being more particularly described as: Considering the east line of the Southeast One-Quarter (SE 1/4) of said Section Thirty-Four (34) to bear North 00°02'14"West,between monuments as shown on the plat, and all bearings contained hereon being relative thereto: Beginning at the Southeast (SE) Corner of said Section Thirty- Four (34); thence along the east line of the Southeast One-Quarter (SE 1/4) of said Section Thirty- Four (34),North 00°02'14" West, 1434.07 feet;thence leaving the east line of the Southeast One-Quarter (SE 1/4) of said Section Thirty-Four(34),South 90°00'00"West, 64.96 feet to a point on a curve (C2) bearing to the left which has a central angle of 83°31'25" and a radius of 65.00 feet,the chord of which bears South 48°14'18"West, 86.58 feet to a point on a curve (C3) bearing to the right which has a central angle of 79°06'43"and a radius of 10.00 feet, the chord of which bears South 54°51'21"West, 12.74 feet;thence,North 90°00'00"West, 585.84 feet to a point on a curve (C4) bearing to the right which has a central angle of 90°00'00" and a radius of 30.00 feet,the chord of which bears North 45°00'00"West,42.43 feet; thence, North 00°00'00"West, 22.10 feet to a point on a curve (C5) bearing to the left which has a central angle of 45°10'28" and a radius of 88.85 feet,the chord of which bears North 22°35'14"West, 68.25 feet;thence,North 45°10'28"West,351.75 feet to a point on a curve (C6) bearing to the right which has a central angle of 45°08'15" and a radius of 120.30 feet,the chord of which bears North 22°36'21"West, 92.34 feet; thence, North 00°02'14'West,811.47 feet a point on the north line of the Southeast One-Quarter (SE 1/4) of said Section Thirty-Four(34); thence along the north line of the Southeast One-Quarter (SE 1/4) of said Section Thirty-Four (34), South 89°41'17"West,282.50 feet; thence leaving the north line of the Southeast One-Quarter (SE 1/4) of said Section Thirty-Four (34) and along a curve (C7) bearing to the left which has a central angle of 82°02'17"and a radius of 70.00 feet,the chord of which bears South 49°32'38"East,91.88 feet;thence, North 89°41'17"East, 72.80 feet to a point on a curve (C8) bearing to the right which has a central angle of 82°21'05" and a radius of 10.00 feet, the chord of which bears South 49°08'11" East, 13.17 feet to a point on a curve (C9) bearing to the left which has a central angle of 82°06'09" and a radius of 64.98 feet,the chord of which bears South 44°35'31"East, 85.34 feet to a point on a curve (C10) bearing to the right which has a central angle of 89°28'14"and a radius of 10.04 feet,the chord of which bears South 45°02'48" East, 14.14 feet;thence,South 00°02'14" East, 530.52 feet to a point on a curve (C11) bearing to the right which has a central angle of 55°52'59" and a radius of 15.00 feet,the chord of which bears South 36°33'00"West, 14.06 feet to a point on a curve (C12) bearing to the left which has a central angle of 163°48'28" and a radius of 65.00 feet, the chord of which bears South 00°45'05" West, 128.70 feet to a point on a curve (C13) bearing to the right which has a central angle of 63°19'23" and a radius of 15.00 feet,the chord of which bears South 41°44'18"East, 15.75 feet to a point on a curve (C14) bearing to the left which has a central angle of 41°40'23" and a radius of 180.30 feet,the chord of which bears South 24°20'17" East, 128.27 feet;thence, South 45°10'28"East,357.09 feet to a point on a curve (C15) bearing to the right which has a central angle of 45°10'28"and a radius of 28.85 feet,the chord of which bears South 22°35'14"East,22.16 feet;thence, South 00°00'00"East,22.10 feet to a point on a curve (C16) bearing to the left which has a central angle of 90°00'00"and a radius of 90.00 feet, the chord of which bears South 45°00'00"East, 1 111111 1111111111 11111 11110111111111 III 111 11111111 • 3414826 08/25/2006 04:30P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder 127.28 feet; thence, South 90°00'00" East, 635.88 feet to a point on a curve (C17) bearing to the right which has a central angle of 90°02'14" and a radius of 60.00 feet, the chord of which bears South 45°01'07"East, 84.88 feet; thence, South 00°02'14" East, 259.60 feet; thence, North 89°57'43" East, 10.00 feet;thence, South 00°02'14" East, 396.52 feet; thence, South 89°57'43"West, 10.00 feet; thence, South 00°02'14" East, 557.18 feet to a point on the south line of the Southeast (SE) Corner of said Section Thirty- Four (34); thence, South89°34'40" East, 30.00 feet to the Point of Beginning. The above-described parcel contains 4.53 acres, more or less, and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of- way and/or easements of record or as may now exist. 4 /(,,, 7, .. - _, /..,..., , ../ , ,i(pr --- ,,,--7 _ . ei,.., David W. Dyer , Janice E. Dy lK The foregoing certificate was acknowledged before me this /O day of A.D., 2000 . My Commission Expires: /°//&, O 7 Notary Public: difart- Zal-, Witness my Hand and Seal: il /%��RRr �°�/®/% i • ` tai I WAYNE A. 0 1 HOWARD j i�Ness O tt1`,,-®F C®`®--, • • EXHIBIT A - SECTION 34 9 41.17,.Yt \ " 282.50 N89'41'17 E] 2:' % I E 1/4 COR 72.80• SEC 34 I I 2 1/2' ALUM CAP o It LS 12374 I45 •* cd I'N P :P of to in: :2 I I L - - . —. 60' iwi -E J - CC O od S.,nJ I UNIMIV i ' \i, - o v Y '6 0 `TyrS\ ` Fe -.o -_ o ?fie\' e. S90 00'00"W ��. 64.96' 1 _o .14"). :''.NOO'0O'OQ'W 4,`—- =c7 N S00'W'00'E 2210 -o 0 22.10' • ..-..M90 '�'W_. 5.9�..-.._� c I - o `l ._.._. _.._.._.._..- - - - - h� m-oo SOO-00'00"E 835.88' o I in o U,. . I �� W o al I MEM CC MOM`a ci -N ROAD AND UTILITY EASEMENT �'Zr`o -M M N89-57'43" • 10.00' ti 11` I� ' o .4 I: N I 583 / _!! . N I • 0 I . I 4.53± AC �:W • (4.51* NET AC • I T. 7 Al., R. 84 VC LESS WCR 74 .6"'' 11,10 COUNT); CO ROW) VI: 'g WCR 74 PRINT of BEGINNING S89'34.40" 8 2 2 1/2• 30.00' ALUM CAP LS 12374 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD DIR CHORD C2 94.75' 85.00' 83'31'25' 58.04' S4814'18"W 88.58' C3 13.81' 10.00' 79'08'43' 8.26' S5451'21"W 12.74' C4 47.12' 30.00' 90'00'00' 30.00' N45'0O'00'W 42.43' C5 70.05' 88.85' 4510'28" 36.98' N2235'14"W 88.25' C8 94.77' 120.30' 45'08'15' 50.00' N22'36'21'W 92.34' C7 100.23' 70.00' 82'02'17' 60.89' S49'32'38'E 91.88' C8 14.37' 10.00' 82'21'05" 8.75' S49'08'11'E 13.17' C9 93.11' 64.98' 82'08'09" 58.59' 54415'31"E 85.34' C10 15.69' 10.04' 89'28'14" 9.95' S45'02'4B"E 14.14' C11 14.83' 15.00' 55'52'59" 7.98' 536'33'00"W 14.08' C12 185.83' 65.00' 183'48'28' iss.se S00'45'05"W 128.70' 013 18.58' 15.00' 6319'23' 9.25' S41'44'18"E 15.75' C14 -3144' .,,_1a9.30'_��z.._..41:40'23" " 08.62' S24'2Q'17'E»._}28.27' 015 22.74' 28.85' 4510'28' 12.00' 52_2'35'14"E 2�1� C16 141.37' 90.00' 90'00'00' 90.00' 545'00'00'E 127.28' 017 94,29' 60.00' 90'02'14" 60.04' 5451)1'07'F 84.88' 1111111 11111 11111 11111 1111111 liii 111111111 11111 liii liii 627 3414827 08/25/2006 04:30P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder PRIVATE ROAD AND UTILITY EASEMENT- SECTION 34 An ingress, egress and utility easement on, over and across part of the Northeast One-Quarter (NE 1/4) of Section Thirty-Four (34),Township Seven (7) North,Range Sixty-Four (64) West of the 6th Principal Meridian,Weld County, Colorado,and part of Lots A,B &C,Recorded Exemption No. 4119,being more particularly described as: Considering the south line of the Northeast One-Quarter (NE 1/4) of said Section Thirty-Four (34) to bear North 89°41'17"West,between monuments as shown on the plat, and all bearings contained hereon being relative thereto: Beginning at a point on the south line of the Northeast One-Quarter (NE) Corner of said Section Thirty-Four (34) whence the East One-Quarter (E 1/4) Corner bears North 89°41'17" East, 1283.81 feet; thence leaving the south line of the Northeast One-Quarter (NE) Corner of said Section Thirty-Four (34) and along a curve (C1) bearing to the right which has a central angle of 90°15'04" and a radius of 10.00 feet,the chord of which bears North 44°56'08"West, 14.17 feet; thence,North 00°03'39"West, 599.64 feet to a point on a curve (C2) bearing to the right which has a central angle of 90°00'00"and a radius of 10.00 feet,the chord of which bears North 44°56"19" East, 14.14 feet to a point on a curve (C3) bearing to the left which has a central angle of 171°10'36" and a radius of 65.00 feet, the chord of which bears North 00°03'39" West, 129.61 feet to a point on a curve (C4) bearing to the right which has a central angle of 89°59'58" and a radius of 10.00 feet,the chord of which bears North 45°03'38"West, 14.14 feet; thence, North 00°03'39"West,360.77 feet;thence,South 89°41'17"West, 60.00 feet;thence, South 00°03'39" East, 1109.50 feet to a point on a curve (C5) bearing to the left which has a central angle of 08°42'10"and a radius of 70.00 feet, the chord of which bears South 04°10'14" East, 10.64 feet;thence,North 89°41'17"East, 69.24 feet to the Point of Beginning. The above-described parcel contains 1.71 acres,more or less,and is subject to rights-of-way and/or easements of record or as may now exist. ( // 4;2 David W. Dyer Janice E. Dyes; The foregoing certificate was acknowledged before me this_2.12_—day of A.D., 200rp . My Commission Expires: /0//5/0 7 Notary Public: ("e„, e 2 -4 Np �% Witness my Hand and Seal: * -- Ue/ WAYNE A. 0WARl3 i 41 EXHIBIT A - SECTION 34 II\\III1III III IIII II II'I IIIII IIli II'I IIIWeld County, CO 3414827 0812512006 04.30P 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder S89'41'17"W 60.00 . r1 e` I I N. I In 1 1, r1 I I0 • • Z I C4 I ` 0 o• •c.+ �I / o_: !I -C2 0I I O D COUNTY, CO 01 I Iam iIn • I I2 C 1/4 COR 1 • o SEC 34 1z E 1/4 COR 2 1/2" --�-I r-- 6O' ROW SEC 34 LS ALUM 12374 I 1 1.71 t NET AC AL M2 CAP (BASIS OF BEARING) LS 12374 C5 Cl N89'41'17"E 1283.81' N89"4117"E / 11 69.24' POINT OF BEGINNING ROAD AND UTILITY EASEMENT CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD DIR CHORD Cl 15.75' 10.00' 90'15'04" 10.04' N44"56'08"W 14.17' C2 15.71' 10.00' 90'00'90" 10.00' N44'56'19"E 14.14' C3 194.19' 65.00' 171'10'36" 842.50' NO0'03'39"W 129.61' C4 15.71' 10.00' 89'59'58" 10.00' N45'03'38"W 14.14' C5 10.65' 70.00' 08'42'10" 5.33' SO4'10'14"E 10.64' • BOARD Or DIRECTORS NORTH WELD CO•Y WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR DON POSSELT, DISTRICT MANAGER JOHN JOHNSON r CE BUCK RINEHART ...Ai...AiP.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwd.org March 9,2005 David Dyer Wayne Howard-TerraWest 800 8th Ave. Ste 323 Greeley,CO 80631 970.353.0982 This letter is in response to your inquiry regarding water service to the following described property, Approx.28099 WCR 74,Lot B,and Approx. 28189 WCR 74, Lot A,in a portion of the SW 'A of Section 35, T7N,R64W of the 6th Prime Meridian. Parcel 071135000018 1. Water Service is presently being provided to the above mentioned property through meter#. 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property,provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above- mentioned property. The District reserves this right to refuse service,in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed, a Physical Address,and this letter. The District requests that for any County Process, including but not limited to a Recorded Exemption (RE), Subdivision Exemption(SE),Use by Special Review(USR),Planned Unit Development(PUD),Minor Subdivision or Off-Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore,the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s)or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval,additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water(228,000 gallons),if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. North Weld County Water District does offer a Residence Only"RO"water tap. Water maybe used for any purpose with this tap,but the user will be penalized when year-to-date usage exceeds the allotment. With this option the customer purchases only '/2 of the Raw Water Unit. Therefore the District will deliver 35%of an Acre-Foot of water(114,000 gallons),if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. With purchasing a RO tap,the customer is charged a different water surcharge rate than a normal customer. Refer to the following page for current rates. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU(228,000 gallons). If usage exceeds the number of Plant Investments that were purchased, an additional Plant Investment Surcharge will be applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the Plant Investment Surcharge. Refer to the following page for a break down of the Districts' Tap Fees and Usage Rates. Sincerely, Alan Overton North Weld County Water District P:\Legal Documents\Letter of Intent\2005\DyerDavid_WCR 74HowardWayne(03-09-05).doc 1 of 2 BOARD OF DIRECTORS NORTH WELD CiSY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR DON POSSELT, DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwd.org March 9,2005 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten(10)business days to receive the fees as quoted below. After ten (10)business days, the costs will be subject to the then in effect rates(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. TAP FEES INSTALLATION COST Raw Water for an Acre-Foot Unit(AFU) $12,000 Meter Set Fee/Asphalt Patch Per Tap Base Portion of Plant Investment Fee $7,500 $2,000 Distance Portion of Plant Investment Fee $7,200 (24 miles) TOTAL Up-Front COSTS PER TAP $28,700.00 Price is valid for ten(10)business days from receiving this letter. Normal Pressure Range 70 psi to 85 psi Maximum Pressure 95 psi After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $24.00 Minimum 10,000 gallons and up $2.40 per 1,000 gallons Water Rental Fee North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge. The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current market price of water. Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently surcharge is$0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for delivery. THIS RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"RO"TAP. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson (CBT) Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge When an account's year to date usage exceeds their Plant Investment Allotment(#of Equivalent Taps x 228,000 gallons),a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Residential Only"RO"Taps Also known as Inside-Use Only taps. The water surcharge for a RO tap is currently$4.00 per 1,000 gallons. This surcharge is assessed when an account's year to date usage exceeds 114,000 gallons. P:\Legal Documents\Letter of Intent\2005\DyerDavid_WCR 74HowardWayne(03-09-05).doc 2 of 2 Hello