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HomeMy WebLinkAbout20022533 RESOLUTION RE: APPROVE REQUEST TO DELETE CONDITION OF APPROVAL#3.F FOR RECORDED EXEMPTION #3333 - GREG AND PATTY REEVES 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, by Resolution dated September 16, 2002, the Board of County Commissioners did conditionally approve the request of Greg and Patty Reeves, 16058 Weld County Road 96, Nunn, Colorado 80648, for Recorded Exemption #3333, for property which is described as the N1/2 W1/2 W1/2 of Section 31, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, Condition of Approval #3.F for Recorded Exemption #3333 states, "The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 30, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services," and WHEREAS, Greg and Patty Reeves have requested the Board of County Commissioners to delete Condition of Approval #3.F for Recorded Exemption #3333, because cash-in-lieu fees are being required prior to sale of the lots, and WHEREAS, on June 30, 2003, the Board of County Commissioners reviewed the recommendation of the Department of Planning Services staff, the referral from the Weld RE-9 School District dated May 28, 2002, and heard the testimony presented in this matter and, having been fully informed, deems it advisable to delete Condition of Approval #3.F. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Greg and Patty Reeves to delete Condition of Approval #3.F for Recorded Exemption #3333 be, and hereby is, approved. 2003-1799 RE3333 I RE #3333 - GREG AND PATTY REEVES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2003. BOA OF COUNTY COMMISSIONERS WEL UNTY, COLORADO ,:1;ta 402,4 D vid E. Lo g, air wun sv k to the Board 1 1861 � �,�O,,.$ +S� u 9 t1a obert D. Masden, Pro-Tem ((peputy;-frk o the Board EXCUSED __-- M. J. Geile PR D AS TO EXCUSED Willia p H. Jerke / m forn y 1ktey) ,/A4 /� Glenn Vaad Date of signature: >/ 2003-1799 RE3333 • • RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #3333 - GREG AND PATTY REEVES 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 has been presented with a request to review Condition of Approval#3.F for Recorded Exemption#3333 for Greg and Patty Reeves, 16058 Weld County Road 96, Nunn, Colorado 80648,for property which is described as the N1/2 W1/2 W1/2 of Section 31, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, a hearing before the Board was held on the 30th day of June, 2003, at which time the Board deemed it advisable to continue said matter to allow adequate time for a work session to discuss the Board's authority regarding conditions of approval for addressing the concerns of school districts as it relates to cash-in-lieu fees or the donation of land. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to July 14, 2003, at 9:00 a.m. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of June, A.D., 2003. BO D OF COUNTY COMMISSIONERS Lk, WEL OUNTY, COLORAD . e ATTEST: , � 1.�.r' • 1 Da id =. Lon , Ch it Weld County Clerk he o ,', // • .C Robert D. asden, Pro-Tem BY: f s Deputy Clerk to, `• �, '� 3cli .. . �`� M. J..^ eile O DASTOVie.,• ` ' /r h / ` A Willia H. Jerke County Attorney/ Glenn Vaad 7 Date of signature: �0 2003-1706 RE3333 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #3333 - GREG AND PATTY REEVES 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 #3333, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #3333 was submitted by Greg and Patty Reeves, 16058 Weld County Road 96, Nunn, Colorado 80648, for property which is located in part on the following described real estate, to-wit: N1/2 W1/2 W1/2 of Section 31, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 75 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 #3333 by Greg and Patty Reeves is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The applicant has proposed a well as the source of adequate water for Lots A and B. Property owners are advised that the quality of water available for usage may be limited to specific uses, i.e., "Domestic Use Only." Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866- 3581), to discuss each individual situation. 2002-2533 (C' ; A-tz RE3333 • • RE #3333 - GREG AND PATTY REEVES PAGE 2 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0301-31-2 RE-3333. B. In accordance with Chapter 8, Article II, of the Weld County Code, Lots A and B shall be granted one residential/agricultural access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all-weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill, or where physical obstructions are present. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, contact the Weld County Department of Public Works to adequately size the culvert. D. Weld County Road 25 is designated on the Weld County Transportation Plan Map as a section line access. This road is not maintained by Weld County. E. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Road 25 right-of-way. In the event that such Weld County Road 25 right-of-way does not exist, the applicant shall submit to the Weld County Department of Planning Services a copy of the deed, wherein, the applicant retained an access easement over property located adjacent to and immediately south of Lots A and B of Recorded Exemption #3333, which access easement benefits both lots. Additionally, a 30-foot wide joint access and utility easement extending across the west side of Lot A of Recorded Exemption #3333 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 Appendix 24-F.E of the Weld County Code. The easement shall be graded and drained to provide all-weather access. F. The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 30, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 2002-2533 RE3333 • a RE #3333 - GREG AND PATTY REEVES PAGE 3 G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on-site soils. H. The applicant shall indicate on the plat the type of right-of-way/easement and 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. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 5) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 2002-2533 RE3333 RE #3333 - GREG AND PATTY REEVES PAGE 4 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) 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 Uniform Fire Code. 9) 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. 10) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.weld.co.us. 2002-2533 RE3333 • s RE #3333 - GREG AND PATTY REEVES PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, 0 ATTEST: jati, /�- Gle aad, Chair Weld County Clerk to th:�:af "... r ff r. .rf David E. g, Pro-Tem BY: 9 f ;-. —d � E , ! Deputy Clerk to the Boa . J. eile Af3PROVED AS TO FORM: ! V/- William H. Jerke qty Attorney EXCUSED Robert D. Masden G>/ Date of signature: ZS/ 2002-2533 RE3333 • 0)tjrPsi DEPARTMENT SERVICES 0 RECORDED EXEMPTION COLORAD O ADMINISTRATIVE REVIEW PLANNER: Carla Angeli HEARING DATE: 94, , 2002 CASE NUMBER: RE-3333 APPLICANT: Patty& Gregory Reeves ADDRESS: 16058 WCR 96, Nunn, Colorado 80648 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: N2, W2, W2 of Section 31, T10N, R66W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0301 31 000006 PARCEL SIZE: 80+/- acres ZONE DISTRICT: Agricultural WATER SOURCE: Private Wells SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code: A. Section 24-8-40.8.5 - Compliance with the recorded exemption standards set forth in Section 24-8-80 of the Weld County Code. 1) Section 24-8-80.J-The proposed recorded exemption does evade the statement of purpose as set forth in Section 24-1-30 of this Chapter. The Reeves own all the property lying west of the Union Pacific Railroad in Section 31, Township 10 North, Range 66 West except for 80 acres located in the west half of the southwest quarter. The remaining acreage is approximately 243 acres. The Reeves have applied for three adjacent 2 lot recorded exemptions on this property. The Recorded Exemption process has been utilized to create six lots, rather than following the appropriate subdivision process. The Recorded Exemption process does not require the applicant to submit the same type of detailed information involved with a subdivision. There is no public hearing process and neighbors are not notified of the lots. The approval of these three recorded exemptions would create six buildable lots. Approval of the recorded exemption applications is evasion of the process and circumvents the proper procedure typically followed to create six lots. 2002-2533 Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lots A and B. Property owners are advised that the quality of water available for usage may be limited to specific uses, i.e.,"Domestic Use Only,"etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0301-31-2 RE-3333 B. In accordance with Chapter 8, Article II of the Weld County Code, Lots A and B shall be granted one residential/agricultural access.Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access.Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. Weld County Road 25 is designated on the Weld County Transportation Plan Map as a section line access. This road is not maintained by Weld County. E. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Road 25 right-of-way. F. The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 30, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. H. 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. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 5) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) 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 Uniform Fire Code. 9) 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. 10) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads;dust from animal pens,field work, harvest,and gravel roads;odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses,including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are.dwg,.dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. I.. i'lat Ulle₹ (1lSt - ' L - POC Planner .S 46' em Comments Check Check IProper size and material 24"x 36"or 18"x 24"/Minimum 3 millimeter polyester sheet -/ I Lettering No stick-on lettering / Minimum 8 pt, lettering ✓ Boundaries of Lots I1 Scala Suitable Scale?(1"=200'or 1'1.-100') IAccesses indicated Shared Access?If so, is easement Certificate included? I Roads labeled,including • Bu tiding Envelope(s) A. /A- i0- 1 Vicinity Map Suitable Scale? (Minimum l"=600') ,i North Arrow legal Description _ f Notes from Planner/ Development Standards Conditions of Approval f•e— ,2 ,` owner's Certificate '1 Notarial Certificate included'?All owners must sign the plat, � ' �� check the deed. ,/ �� '1O 0\ Surveyor's Certificate and All surveyed plats k� Surveyor's Stamp Note:USR plats do not need to be surveyed `� Director of Planhing Notarial Certificate included? (:R.E SE,S:PR Final PUD ii' CertificateX Staff Approved) Manning Commission. (USR, COZ,Minor Sub.Final) Tl"r1 Certificate ti In _ t oard Certificate (USR,COZ„Minor Sub Final) • • (Final PUD,RE, SE&ZPMH if Board approved) `---- �./- l'ypical Road Cross Section (COZ,Final Minor Sub. and FinalPUD) ,� asements I () i ease return the plat to the CAD Technician within 24 hours of receiving the plat. Inner on Call: Q — (Initials) k { '1' :over Signature:_ Date: 711/O 3 • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY, CO 80631 rr��4)� PHONE(97'))353-6100,Ex-r.3540-FAX(970)304-6498 7 ,-1 ' DATE: 1, .... , 20- RECEIPT 0 9 8 'I 7 •1,-1 RECEIVED FROM: ^ ( 1 1..\ \'...�..__ _�v NO. TYPE FEES - 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE • 6560-RECORDING FETE ) - . MISC. ©.CASH O CHECK NO: TOTAL BY: 1 l WHITE-CUSTOMER CANARY-FINANCE PINK-FILE JUL-12-2702e_� 2&*73:28P4 FR0M:�} 70:3746433 P: 1/2 p i t . O La 4-mtd u \-- 3 •sO A-CA-1: 3 �cl- (\S-- 3D; It c aL-13 ,1� SCS 09 ,.Pi1e •11:5 S 1--S� G Kit/ ou Li" Lam° 3 A---rrg: )<-en ,41-1/1 a___. Ary 4_26E vES 9�0-gg7_OY39 Fgo - FAX Sq-7-278b Sax, SI , 750 fu , 66u) —ilAte% r —um- itit_Af- jtz-eyr vedell, oLv 7,112-,12) 4 3O . 4 re--- -CA, � t� `:61 - Dct M 16058 WCR 96 Nunn CO 80648 June 30, 2003 Weld County Board of Commissioners 915 10`h Street Greeley, CO 80648 RE: Recorded Exemptions RE-3332, RE-3333, RE-3334, RE-3335 Dear Commissioners, Regarding the above mentioned recorded exemptions, we are requesting a review of the development standard concerning the request from Weld County RE-9 school district for a fee of$759.00 to be paid for each new building lot. The development standard requires only that we address the requirements of the school district. The referral letter forwarded to Weld County Planning by Weld County RE-9 school district is attached. The school district's concerns clearly pertain to the building of new residences within the district. We are not building or planning to build residences on any of these lots. We believe it is clear that any responsibility to make this payment to Weld County RE-9 schools lies with the party who actually builds a home on one of these sites. A letter stating our position was included with our preliminary plats for these recorded exemptions. this payment be directed to the party who may are asking that any responsibility for p y actually build a residence on any of the above named recorded exemptions. Thank you for your consideration of this matter. Respectfully submitted,es Patty ReENes Greg Reeves 4s��r Ln �yJ C j /7%xi` MEMORANDUM Ww` a TO: Board of County Commissioners June 24, 2003 COLORADO FROM: Jacqueline Hatch, Planner I SUBJECT: RE-3332, RE-3333, RE-3334 & RE-3335 The Department of Planning Services has forward application RE-3332, RE-3333, RE-3334 & RE-3335 to the Board of County Commissioners requesting denial. Application RE-3332 was conditionally approved by Planning Staff on June 28, 2002. Applications RE-3333, RE-3334 and RE-3335 were conditionally approved by the Board of County Commissioners on September 16, 2002. Condition of Approval number 3.F states "The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 28, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." This condition has not been met. Mr. and Mrs. Reeves have submitted the attached letters in response to 3.F. Background information: Legal Description: E2 of the SE4 of Section 10, T8N, R66W of the 6T" P.M., Weld County, Colorado. Parcel number 0553 10 000006 Location: North of and adjacent to WCR 94 and West of the adjacent to WCR 33. RE-3332: RE-3332 was conditionally approved by the Department of Planning Services on June 28, 2002. Legal Description: N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6T" P.M., Weld County, Colorado. Location: East of and adjacent to WCR 25 and 1/2 mile north of WCR 10. RE-3333: RE-3333 was conditionally approved by the Board of County Commissioners on September 16, 2002. Legal Description: Part of the W2 of the SE4 of Section 31, T10N, R66W of the 6T" P.M., Weld County, Colorado. Location: North of and adjacent to WCR 110 and YZ mile east of WCR 25. RE-3334: RE-3334 was conditionally approved by the Board of County Commissioners on September 16, 2002. Legal Description: Part of the W2 of Section 31, T10N, R66W of the 6T" P.M., Weld County, Colorado. Location: North of and adjacent to WCR 110 and 1/4 mile east of WCR 25. RE-3335: RE-3335 was conditionally approved by the Board of County Commissioners on September 16, 2002. 2003-1799 • • The Department of Planning Services recommended denial of RE-3333, RE-3334 & RE-3335 on September 16, 2002. The applicants Greg and Patty Reeves own all the property lying west of the Union Pacific Railroad in Section 31, Township 10 North, Range 66 West except for 80 acres located in the west half of the southwest quarter. The remaining acreage is approximately 243 acres. The Reeves applied for four adjacent 2 lot recorded exemptions on this property. The Recorded Exemption process has been utilized to create eight lots. The Board of County Commissioners approved RE-3333, RE-3334 & RE-3335 with the conditions recommended by staff. The Department of Planning Services approved RE-3332 with conditions. The Weld County School District RE-9 has a fee in lieu requirement to address additional residential development in the County. It is a standard condition for all recorded exemptions to address the conditions (if any) required by the school district. The potential impact on the school district as a result of these recorded exemptions is greater than an individual recorded exemption. cC2ci;%cc- /7/? May 30, 2003 Patty and Greg Reeves 16058 WCR 96 Nunn CO 80648 970-897-2439 Weld County Planning Department RE: Recorded Exemption# 3 3 3a Dear Weld County Planners This letter is to address the concerns of Weld County School District RE-9, regarding the p above referenced recorded exemption. The concerns of Weld County School Di strict RE-9 are clearly confined to the construction of new residences within the district, and any responsibility to make payment clearly lies with the purchaser of this lot who may decide to build a home. No home construction on this lot is being planned or contemplated at this time, therefore no payment is due at this time. Respectfully submitted, Patty eeves • May 30, 2003 Patty and Greg Reeves 16058 WCR 96 Nunn, CO 80648 Weld County Planning Department RE: Recorded Exemption Dear Weld County Planning Department, We have reviewed the information provided by West Greeley Soil Conservation District regarding the soils on this site. The information provided will be used to positively manage the soils on this site. Respectfully submitted, °�� Patty Ree s re"cea DEPARTMENT OF PLANNING SERVICES 4 1555 N. 1A"OVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us WE`D' E-MAIL: cangeli@co.weld.co.us �• PHONE (970) 3FAX(970)97304-6498 COLORADO August 22, 2002 Gregory& Patty Reeves 16058 Weld County Road 96 Nunn, Colorado 80648 Subject: Recorded Exemption (RE-3333) Legal Description: Pt. of the W2 of Section 31, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Reeves: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8- 40.6.1 through 24-8-40.6.6 of the Weld County Code. This application is scheduled before the Board of County Commissioners on September 16, 2002 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Carla Angeli Planner • DEPAllit ENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO May 20, 2002 • Greg & Patty Reeves 16058 W CR 96 Nunn CO 80648 Subject: RE-3333 A Re,orded Exemption located on a parcel of land described as the N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chai,ter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff letermines that the application does not meet the approval criteria or if staff has concerns with the appl cation, 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 than consider your application and make a final decision on the recorded exemption. If you have any ques',ions concerning this matter, please call me. Sincerely, t1 L4 L I Wiz. Carla Angell Planner • • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of , 2002; by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners OfWeld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631,as First Party,and nFF4 a,.,r, -t-! Z5,-1;17 V=5 ,as Second Party whose address is I fc0S5 vrIcr, ;c� NUNr.I rvs 41", WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as JJ r2, 2117 r) C; vJer> If in and located as follows: ,,, S A,. + . i n..,-t in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW,THEREFORE,in consideration ofthe covenants contained herein and the agreements of said Second party to be perfouued hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party's continued use ofthe ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW , Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party,including those items set forth in Paragraph 1., above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party,its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral • representation,promise, or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: Cleric to the Board By: By: Deputy Clerk , Chair SECOND PARTY: By: Title: SUBSCRIBED AND SWORN to before me this day of , 20 , By WITNESS my hand and official seal Notary Public My commission expires: m:\wp files\agreenmt\non-exclusive\nonexclusive-form.agr.wpd updated 11/2001 3 .4.4.... it i ry 'ilk* •,,,,4.•14:4":...'ET' t r . +-11;:..-...*:, •r` &rho ,. r# a t.. _ r s:A i.,, r '1'` r'• u ..kii1 - . 'flt �r k r.,: ,,..,-.,,s., �S YSa tJ`'r'�tJ'" . " '�`' .r 5rle.t E '}' "{' d+ `b 3 }C "V #r r -c is/ '} f ( i'� 7 .r ,r:r ,f ..y }� d r -r aC S:, P+ +.,. d X� } ` I I . raj 4t ,j�e 3�rY Sv.'4. { 4i @S r+.. .17 a4 s _ �.- r>� �� VJr r �. I.� ./ I, by J',A* •1, #j,v �r�f'' 'k�� • frf ` 7. it. . ' , a+ at 'Ttx tj t xy'. :S: Y' yap ,�s •a ,< • f **4 ' z �'* t 1 .:(1(} jj. `-s ..xf•• $`¢ f t e f f'�kr�� / .lit , fro r • III •*.4yyY/''5�+ t i 6; {Et. ,. •i + <?• )}hdc,,!..,,,::;,.,,,�r' 34'�`��t "'" eV Fyr.lydlKi J .L.T@i t .Yl'4 f •)r.."'x..^3. h jt• r r 4.1...:t...;;. r a \4 , q(44 ♦a 4{r.i} ,. d (.��`ff`}'�`'''V +} ^w. j •r r rk I J4ly�, }f '�A i•r } +V : 7 .t 11 .vi+ t� J :k4 'el '•#{ta rY ... " t �4'-t-.}ti t r /" ik1 r r k"••.r'5�ir" ti7s Ja: . {. 1s.�'k �f�.�.°!� ..°s '�* t.. . Mai � y .+-L. J i *.7, w.' Lbb��lvi. L`4O ScCMon �.rK.e, l �-ol 5 1W 01—(A • 2E� FIELD CHECK inspection date: Vii. -2I b_Z CASE NUMBER: 7,[-3333 APPLICANT: La&l a LEGAL DESCRIPTION: Ala , wZ, W a, Scion 31- T0A) TC(P(9M-) LOCATION: Ettifof �Ce WI- S z wee, via✓ of We C/(0 Zonina Land Use N _ N f E r , E Z , vv, s S W W „ivy,a-- COMMENTS: / t/ ( ;it 'y'VL<' i/l-Y711,t t✓ /-z"�. Roads: ,;(1,/11i° �( Structures. �— .2( G�'� f'�`� L%�';fr�.�:: �i u1� /�' -�'.- Landscaping: Features: Violations: Other: detteet Carla Angell, Plann Oa2 2 -S;5g3 Via' LEILIDC APPLICATION FLOW SHEET COLORADO APPLICANT: Greg & Patty Reeves CASE # : RE-3333 REQUEST: 2 Lot Recorded Exemption LEGAL: N2 of the W2 of the W2 of Section 31, Township 10 North, Range 66 West LOCATION: East of and adjacent to WCR 25 and 1/2 mile north of WCR 110 PARCEL ID #: 0301 31 000006 ACRES: 80+/- Date By Application Received 05/15/2002 KO Application Completed 05/19/2002 CA Referrals listed 05/19/2002 CA Design Review Meeting (PUD) File assembled y • 2-2 c z I- U Letter to applicant mailed `, z Z • c I A- Vicinity map prepared Referrals mailed . 7 7 c L I,ri,l Chaindexed ; 77 CL I,-1 Field check by DPS staff Administrative Review decision: Date By County Commissioners Hearing Date (if applicable) `1 -I (`_6 L efrower Surrounding property owners notified Air photo and maps prepared c)g)CC%z CC action: (./ /a2rrU CC resolution received )'�3�Qy Recorded on maps and filed/ 7/O—Cf Overlay Districts Zoning Agricultural - High Potential Dry Cropland MUD Yes No_x_ IGA Yes Nox_ Airport Yes No_x Geologic Yes No_x_ Flood Hazard Yes No_x Panel #080266 0175 C Road Impact Yes Nox SW Weld 1 2 3 Windsor_ dikARTMENT OF PLANNING SERVICES tifivuej 15 . 17th Avenue, Greeley, Colorado 8063 Phone (970) 353-6100, Ext. 3540 - Fax# (970) 304- 98 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number 3333 Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. A Legal Description: N W Lt..)2- �`'3 f�(O1'3 Total Acreage: VO Zoning Parcel Number:£2j°/ 3/00 d O O G (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it another property since August 30, 1972? Yes No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes NoX ;Airport: Yes No X ; Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY Gre Li CeQfS 0110 c70 NameTNA- b tee ors Home Phone# '6`t1"-1143` Work Phone# 7 iga7 7 (pa-5-4� (PU � )CJZ. 91 fo Iv City/State/Zip Code un/1 C.o 80 (OBE. Applicant or Authorized Agent: Phone # Address: City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source e wet\ p cue Type of Sewer 15 p5 I S _5 Proposed Use Al (45)"PYCi 1ell Acreage '1 5 -tr 5 Existing Dwellings Yes or No V1-e, Existing Dwellings Address (if applicable): Larger Parcel /\J�/-(- Smaller Parcel N/A- Smaller Parcel(appli ableonlyfor3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. v: 1/3/01 ignatur Owner or Authorized Agent 6 (1), 2 ojU 1J Recorded Exemption Questionnaire - Weld County, Colorado Date: May 1, 2002 Applicant: Greg and Patty Reeves Location of proposed RE: N2 W2 W2, Section 31, Township 10 N, Range 66 West, 6th P.M. 1. All water used at the proposed lots will be provided by private well. The site is currently dry farmland, and no commercial irrigation water has been associated with the site. 2. The proposed lots will have adequate sewage disposal provided by I.S.D.S., installed according to Weld County requirements. 3. The property is currently used as dry farmland. This area is not prime farmland because it does not have adequate water available. There are no existing improvements on the proposed site. 4. The proposed recorded exemption will provide for small (5-acre) rural residential building sites. The large lots will be preserved as agricultural dry farmland for the present time. 5. The existing lot is 80 acres, located at the legal description provided above. The land is presently dry farmland, surrounded by dry farmland, pasture and rural residences. 6. The site consists of flat to slightly rolling plains. There are no unique physical characteristics on the site. 7. All proposed structures on the site will meet minimum setbacks and offsets, as required by Weld County regulations. 8. No conservation easement will be placed on the site at the present time. However, the large lots will be preserved as dry farmland for the present time. 9. Building envelopes will not be designated at this time, unless requested by Weld County planning personnel. 10. The proposed recorded exemption is consistent with Chapter 22 of the Weld County Code in that no prime farmland will he converted to another use, the lots will provide for rural residences that will fit the community and existing use of the surrounding area, public roads and utilities are available to the site, and the new lots will maintain the rural character of the community. 11. The proposed rural residences will he similar and compatible with the existing rural residences and farm community. 12. The proposal is consitent with the ag district as the lots will not convert prime farmland to another use, but will provide for rural residences with large enough lots for the residents to engage in small scale agricultural activities such as raising and keeping horses, butcher calves, poultry, etc. Recorded Exemption Questionnaire - pp2 Greg and Patty Reeves Location of proposed RE: N2 W2 W2, Sec 31, T 1UN, 1266 XV 13. The proposal will assist orderly and integrated development In providing fin- rural residences in the ag zone, compatible with surrounding land uses. 'The proposal will provide fur the health, safety and general welfare of the residents, by providing building sites with accessibility to public roads, utilities and services. The proposal will utilize the recorded exemption process for its intended use to provide rural building sites, following the established procedures as set by Weld Count-. There is no threat of loss and injury from fire in wooded terrain, as the proposed site is dry farmland, and un-wooded. The proposed site is not prime farmland. However, the large lots will be preserved as dry farmland for the present time. There is no irrigation water associated with the proposed site. The building sites will he large enough to provide for the natural preservation of natural vegetation and cover surrounding the proposed buildings on the site. 'There will he no threat, of erosion, sedimentation or pollution of surface or subsurface water, as the proposed site is dry farmland, and is not adjacent to surface water. 'The proposed site is not located in a flood plain area. The proposed site is suitable for building and construction, as the soils are stable and able to support natural vegetation. The area is not subject to land slides, mud (lows or geologic hazards. WELD COUNTY TREASURER � ACCOUNT It P.O. BOX 458 WELD COUNTY TAX NOTICF GREELEY, CO 80632-0458 R8282199 2001 Taxes Due in . 'O2 LEGAL DESCRIPTION OF PROPERTY TAX AUTHORITY TAX LEVY Tr="°`ERT" GENERAL TAX ALL 31-10-66 LYING W OF UPRR R/W EXC WELD COUNTY 20.559 93 .13 W2SW4 ALSO EXC UPRR RES (2.09R) WELD LIBRARY 3.249 14.72 WEST GREELEY SOIL 0.414 1.88 SCHOOL DIST RE9 40.342 182.75 NUNN FIRE 3.866 17.51 AIMS JUNIOR COL 6.620 29.99 Fa rt A MAY 7 t; 2002 R°7a ijoiiiru).„ AM ' 41Y TREASURE (.)0 �) ' SB No 25 in aosence of State Legislative funding. d APx wa....� ,� your School General Fund L°vy would have been 91.624 ����� FAX INS,la,cr ACTUAL aaoaLH ry VAI III-IS va_unnoo OF nmo !oinL VA.unnon 1oim. iwv FULL rnx 0915 15623 4530 4530 75.050 339.98 PARCEL > UN Al' U PAYMENT SCHEDULE 030131000006 REAL IF NUM=E SA EA HE E CSNTACTT EASU E IMME'IATELY! The value of your property for 2002 will not change from the value shown on this is Half Tax DUE FEBRUARY 28 169.99 tax notice unless the Assessor's office sends you a notice of value in May. 2nd Half Tax DUE JUNE 17 169.99 Property owners may appeal value by letter postmarked no later than May 28, 2002 //\\, ef or by appearing in the Assessor's office from May 1, to June 3, 2002. -11/-al?' 1� ,?' --D Applications For The SENIOR HOMESTEAD EXEMPTION Will Be Mailed By MAY 1, 2002 / `�-1 Assessor's office (970) 353-3845 ext. 3650. E'" 5 6 OR FULL PAYMENT 339.98 DUE APRIL 30 REEVES GREG R & THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX REEVES S PATTY NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A DMORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU 16058 COUNTY RD 96 HAVE SOLE)THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD" NUNN, CO 80648 TAX NOTICE p Please see reverse side of this form for additional information. YOUR RECORDS. "yore Date: 08/28/2003 02:52PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R8282199 ASSESSED TO: REEVES GREG R& 16058 COUNTY RD 96 NUNN, CO 80648 LEGAL DESCRIPTION: ALL 31-10-66 LYING W OF UPRR R/W EXC W2SW4 ALSO EXC UPRR RES (2.09R) PARCEL: 030131000006 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 345.60 13.82 0.00 359.42 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 08/28/2003 0.00 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0915 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 101.07 AGRICULTUR 17,357 5,040 SCHOOL DIST RE9 35.287 177.85 NUNN FIRE 3.248 16.37 TOTAL 17,357 5,040 AIMS JUNIOR COL 6.316 31.84 WELD LIBRARY 3.249 16.38 WEST GREELEY CONSERVATION 0.414 2.09 TAXES FOR 2002 68.570 345.60 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 WELL) COUNTY TREASURLR Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed 7O� ili�gi ft,--- Date 2 • WELD COUNTY TREASURER ACCOUNTP P.O. BOX 458 WELD COUNTY TAX NOTICF GREELEY,CO 80632-0458 R8282199 2001 Taxes Due in - )02 LEGAL.DESCRIPTION.OF PROPERTY TAX=AUX,HORITY TAX LEVY :axc=PP"Err GENERAL.TAX . ALL 31-10-66 LYING W OF UPRR R/W EXC WELD COUNTY 20.559 93 .13 W2SW4 ALSO EXC UPRR RES (2.09R) WELD LIBRARY 3 .249 14.72 WEST GREELEY SOIL 0.414 1.88 SCHOOL DIST RE9 40.342 182.75 NUNN FIRE 3 .866 17.51 AIMS JUNIOR COL 6.620 29.99 , Y.; �1 �� I ✓ MAY 2002 L9 , �Y 1 TREASURER biD V cria S NS.h2oof absence o State Legiw have RvmtlintL. your School General Fund Levy would IIeYe been 91.624 TAX 0IS INIL.I AU I UAL PROPERTY VALUE S VALUATION OF LAND VALUATION IMPS 011 HERS TOTAL VALUATION TOTAL LEVY FULL TAX 0915 15623 4530 4530 75.050 339.98 PARCELo UN AI• I• YEA TAX: IF NUM'E sA EA HERE—� 'ATMENTSCHE MULE 030131000006 REAL C•NTACT TREASURER IMME•IATELY! The value of your property for 2002 will not change from the value shown on this 1st Half TaxDUEFEBRUARY 28 169.99 tax notice unless the Assessor's office sends you a notice of value in May. 2nd Half Tax DUE JUNE 17 169.99 Property owners may appeal value by letter postmarked no later than May 28, 2002 or by appearing in the Assessor's office from May 1, to June 3, 2002. /J��1/4, Jn Applications For The SENIOR HOMESTEAD EXEMPTION Will Be Mailed By MAY 1, 2002 / � Assessor's office (970) 353-3845 ext. 3650. 313. OR FULL PAYMENT 339.98 DUE APRIL 30 REEVES GREG R & THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX DEPLAZES PATTY NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A 16058 COUNTY RD 96 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE NEW OWNER OR RETURN TO THIS OFFICE MARKED PROPERTY SOLD" NUNN, CO 80648 Please see reverse side of this form for additional information. TAX NOTICE duplicate RETAIN TOP PORTION FOR YOUR RECORDS. • REFERRAL LIST • NAME: Greg & Patty Reeves CASE NUMBER: RE-3333 REFERRALS SENT: May 20, 2002 REFERRALS TO BE RECEIVED BY: June 10, 2002 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton XPublic Works Erie _Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams X Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins XSchool District RE-9 _X_Greeley Ditch Company Longmont West Adams o © -025: tit • • Weld County Referral COLORADO May 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Greg & Patty Reeves Case Number RE-3333 Please Reply By June 10, 2002 Planner Carla Angeli Project Two Lot Recorded Exemption Legal N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 25 and %Y mile north of WCR 110. For a more precise location, see legal. Parcel Number 0301 31 000006 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. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: IArn re ).UU11x> f$ fltL{ LUV4Mr$fV Wo, i no vie lath(Iwo (rl=f.Q tnel-col• Signature LDS 61(}Z Agency ,� m t e Date .. •i 970 304-6498 fax 970 353-6100 ext.3540 ( ) • 55 N. 17th Ave. Greeley,CO.80631 ( ) +Weld County Planning Dept. •.15 Y . ` Weis! 'l;. rty Planning Department —FIB OFFICE JUL 3 0 2003 \ MEMORANDUM L _, r.. JED TO: Kim Ogle, Planner III DATE: July 28, 2003 FROM: Donald Carroll, Engineering Administrator Alf,- COLORADO SUBJECT: RE-3333, Greg and Patty Reeves On July 28, 2003, the Board of County Commissioners approved the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way (RE-3333) for Greg. R. and Patty D. Reeves. This meets the Weld County Public Works requirement for obtaining a Nonexclusive Agreement for access to a land locked parcel. pc: RE-3333 M:\PLANNING\RE-3.DOC • n r r[rnent • Weld County Planner P GREELE'i U₹t 'i,;E 4.----6C( JUN 1 9 2002 Riker `--. , V :N:INH\ICIDt RECE V '5-0 MAY 2 3 2002 Weld County RefaLn COLORADO May 20, 2002 The Weld County Department of 'fanning Services has received the following item for review: Applicant Greg & Patty Reeves Case Number RE-3333 • Please Reply By Jur e 10, 2)02 Planner Carla Angeli • Project Two Lot Re,:orded Exemption Legal N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6th P.M., Weld County, Colorado_ Location East of anti adjacent to WCR 25 and % mile north of WCR 110. For a more precise location, see legal. Parcel Number 030 1 31 000006 The application is submit ied 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 tc 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. ❑ We have reviewe d the request and find that it does/does not comply with our Comprehensive Plan ❑ We have review d the request and find no conflicts with our interests. 90 See attached letter. Comments: Signature �� Opp—/p�1��' Agency Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld County Planning Dor.artment GREELEY OFFICE L JUN 1 9 2002 MEMORANDUM RECE VED 77 WI ITO: Carla Angeli, Planner DATE: June 13, 2002 CFROM: Donald Carroll, Engineering Administrator • SUBJECT: RE-3333, Greg & Patty Reeves COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMM ENTS: WCR 25 is designated on the Transportation Plan Map as a section line access. This is NOT maintained by Weld County at this location. 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 110 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of- way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. • The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way. 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. ▪ 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. pc: RE-3333 M:\WPFILES\DON-C\RE-9wpd.wpd 33 • _ 'oad File# '-(L-. _ RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET 2 Weld County Public Works Department Date: 3 5' - Zoo a 1111 H Street,P.O.Box 758, Greeley,CO 80632' Phone: (970)356-4000,Ext. 3750 Fax: 7 (970)304-6497 n tL 1. Applicant Natt}e/ Aire ct I< and f e +l-y t ReeA/e s Phone �l 1 D —841- a 139 Address ( _Aire a nJ . ¶o City Zip 8ofpc($ 2. Address or loee on of access Section 31 Township / 0 TI' Range_ yi Subdivision Block Lot • Weld County Road # 25 Side of Road F. Distance from nearest intersection A. au 3. Is there an existing access to the property? Yes No #of accesses 4. Proposed Use: al Permanent Di Residential/Agricultural ❑ Industrial 0 Temporary 0 Subdivision 0 Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch Legend for Access Description: A AG = Agricultural RES = Residential 1 ' O&G= Oil&Gas D.R. = Ditch Road CIS C<11IU OFFICE USE ONLY: Road ..:4`r- ADT '4`% Date Accidents Date Road ';'4) ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions //ot/F ':/J- IA•' `.,:cN5� •41,1/41,-!" ***#******************************************************************************************************* ❑ Installation authorized 0 Information Insufficient Reviewed By: Title: 8 • Memorandum TO: Carla Angeli, W.C. Planning DATE: June 7, 2002 COLORADO FROM: $eden, EH Services CASE: RE-3333 APPLICANT: Reeves, Greg & Patty Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Additionally, please note the following: 1) This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. ninB D E attment Weld CouGRE�`E3 OFF SUN 2002 WECEPIED MAENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3333.rtf • • Weld County Planning Department rr-- GREELEY OFFICE r�� MAY 3 0 2002 O Weld County RefaSiIi'ED COLORADO May 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant ( ,reg & Patty Reeves Case Number RE-3333 — i Please Reply By J the 10, 2002 Planner Carla Angeli Project Tw n Lot Recorded Exemption Legal N2 )f the W2 of the W2 of Section 31, Ti ON, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 25 and 1/2 mile north of WCR 110. For a more precise location, see legal. Parcel Number 0301 :S1 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this regt test would be appreciated. Please reply by the above listed date so that we may give full consideration to yo'it recommendation. Any response not received before or on this date may be deemed to be a positive res )onse to the Department of Planning Services. If you have any further questions regarding the application, p ease call the Planner associated with the request. ❑ We have reviewed th• - request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed tY request and find no conflicts with our interests. .....,-Ca"--See attached letter. Comments: Signature \T" 11 &Li Z ei,Cfax,O6, t Agency Weld ( — Date •}Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax cQ -02155 August 29, 2000 Weld RE-9 School District with district offices located in Ault Colorado has adopted a methodology to determine the in-lieu payment for residential dwelling units sufficient to provide adequate educational opportunities to new residential developments. The School District Methodology has been developed in a manner so as to fairly apportion the cost of acquiring school sites made necessary by residential development. The total in-lieu payment per dwelling unit is $759. Payment should be hand delivered or mailed to Weld RE-9 School District, Box 68, Ault, Colorado 80610. A receipt will be mailed to the party requesting the exemption and a copy to Weld County Officials. Please direct any questions to Dennis Scheer, Superintendent of Schools, 209 West First Street, Ault, CO 80610. 4jk Weld County Plgpailit GREELEY OFFICE MAY 2 S 2002 ;, ',lige Weld County RefIVED • COLORADO May 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Greg & Patty Reeves Case Number RE-3333 Please Reply By June 10, 2002 Planner Carla Angeli Project Two Lot Recorded Exemption i Legal N2 of the W2 of the W2 of Section 31, T10N, R66W of the 6th P.M., Weld { County, Colorado. Location East of and adjacent to WCR 25 and 1/2 mile north of WCR 110. For a more precise location, see legal. I Parcel Number 0301 31 000006 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. ❑ We have revie wed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. SSee attached letter. Comments: Signature `' \ ' 3 `r'� 5 - ,•-k—airs. tf� % Agency \J V SVC) Date 4-Weld County Planning Dept. •:1555 N. 17th Ave. Greeley,CO.80631 4.(970)353-6100 ext.3540 (970)304-6498 fax I _ a � N ° c I o m o a) I O N - E E 13- a E I O N Q O E o m N >. 0 0 N RI a) o- •. _-. 1 Co C CO as w a m W .0 N 3 N O o m O' I: m co E 3 ` , I I C L -. a > o E. C i T 0 O m ° a, as n t- o na_ o m -O o 0 0 0 0 N a- aiL > o = I I 0 t n o I N O _ Q - N I I 1 w O — 2 a I N _ N T C C3 D E E I N ` c E .� _ o i Cl.) ow 1148 m r O N m -- -. --`- - ' a rn — O L 1 0tr) N C C) C °' O) > C 0 CO U Lt) ' a a) N N. cil 6 C N co °) m 11 m a) CUI O O 11 ci c..) n C C) o is 0 N m Cl) co 3 y . - o L C C N NO Cli c30 a COD 115E a> L m � W N W I 1 0 ( o u) 0 �. T N 4 a-+I a) n ? Q j o a) o U co 0' c O a) 0 O — M , _ — a) T co„% N a; w E 1 Co .)LLIw m C a) o 3 O O O y N C S E co O 0 ..t- s) Z C O L E O .C. I O J a C• m n o o o Z (a w d N N =as a N I.° CI, o ;71,- so 000 0 tl) QC' � O ') a o d 9t,062 - S3 - I - , FO S:! oil °lit y•i E E's { ik. I 1 ! g9 f} [1 ;It 'CP Er . 1' 2.1.E; fI : i i ) ,.. aI ) PI i Si e . ; • ! :- } 5 3 ihi E. Sr ! n: :e it,ii ( fil e H I. : e:'i t. 1 ) I i t a i! i;`r r i ii 1 qs )g'. ,. ;• 1 k 4 + `. ?i !.:! :n 'Ill; !je: s -I5 5 , 1� 1 ifi 1 r �� ! r s. P " } 1 s : ! ID [ s r i ! t ej . - a Ii 1 I a ,,e: 3."' 1 `L I '.• .-1 I• '1r. s` i !1 11 a !i I i1 I !.•i II i fd S E!fi ° t aiS34 j4i f 3 rei !•1 s, 1 ;I ji a y: •} 1) .i i Is ! 11 r - 3 , i ! . 1:{ td �� [il it fj. 1 x , 'II i _ t :{ 'i E e5. : Ie ; . t •is ,y 4 �[ t Ay'� Ti 1 .:1 II.: : I I )., ifi e- 1 11 11 , Ogg 'Ii > 1 II: 'IIi { 3 r(! 1 {i d I °r /F 'y "Si IP' e w t 1 ° ai s c r e r I t 1 2 I t 1 '. ili p ! ) i ;z $ ;0 ,[ ! 1 d .i• l s !- WS/ Li 1. I e s r!;i[ II E 5i si eI. . ..i .e _. a Lit;5I! ! .1 S= . ��S e a c 4. Lo ,ui 7III` j i itill :.:1 Ir.:8; 1 I,) 52 T• m i! o ;III .-'sel ' 11 il a L. � `S II • I II )i O LC 1 o c dii H �° m !s fit o c z _ 1 ` 3 'Y1, le 1 e I{ •j1 ji ! /Th I 1 il 2 jX a.• cs IB . { 1e o ) t [e =4T.CE a . ,0 '- b S a, 1 0 �i�w o 1.1i} v e f' €e a z ,i{ . "c.r:" 1O oecL' `t u. ,if Y; -v 1) i il _ Y, U Sad File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: O 2o6 2_ 1111 H Street,P.O. Box 758, Greeley,CO 80632' Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 n r, u 1. ApplicantNarrtef Arec. 12 cinA 14.6 U. I`P_E'leN Phone _l 1c "- 391- t3I} Address r Sf j1CYL tl(o City t3 i.th f StateCU Zip S '(O4S 2. Address or locilion of access J Section 3I Township / Q �i7 Range. Ul\i Subdivision Block Lot Weld County Road # .L5 Side of Road & Distance from nearest intersection 3. Is there an existing access to the property? Yes No /(vis#of accesses 4. Proposed Use: Permanent ilt Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch (.9Is A Legend for Access Description: AG = Agricultural . 414 RES = Residential . .D O&G= Oil&Gas D.R. = Ditch Road "I /,\ cis 41 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 � reg Reeves and %try 'Kee vas RE. /?Ecwe s-r Tb G12ENTE 5Ucrt res+clen-l-i'at 5ik +32O' --1 N2 W2- w2 . CSec 31 , T 1ON, 2 bbd Lora = 15aG. 660' 5� I I v = 3� ' 0 LOT Pc Applicant: Greg & Patty Planner: Carla AngeliCase Number: 1 31 -10-66 \ \54 29 cr) 3 1 12 4 \L WC WC R 25i Legend Property Boundary * Lakes — Highways Soil Types Major roads Rail Road Local roads Floodplains NStreams & Ditches * Boundaries are estimated 2OD02 - 95 3 ' _. S., 1 ' 4 S 1 1 • • ry ; • I" . . • •r 'It 1 • 1 . 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'�' •.� jS *h ` \ I ' .�/ 4 '.. t• t't ` , �`�(t.�/1 \ •. *• • • 17 ,ti � aL ,•'I ' •, i •! r ` 7.4 \�\ • i♦y % 1 J r ;•' I' '�f"1IM•iI1 - .�•) � • t • /4 • J f .1 LP Oak -- t I p - t • Q. - r AR2260795 B 1308 REC 02260795 08/26/91 15:41 $10.00 1/002 F 2077 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ___ g -- -- - - xecnxoexs STAMP ,, THIS DEED, Made this 26th dry of August III a 19.91 ,between ii DANIEL C. GARDNER and SANDRA F. GARDNER f •4.! o State Dorn Z ' 11 y Fee III Date 8„- N/ . •$9 -2 • of the County of Jefferson and State of ' Colored°,of the first part.and ' I ' . p • GREG R. REEVES and PATTY DePLAZES I •t, whose legal address is Box 142 ' 1 Pierce, CO 80650 - + I h-' t."� 4 . • • of the county of Weld and State arcnmrado.of the second part: II • •y W TNESSETH.that the said patties of the first part.for and in consideration of the sum or NINETY-SIX -9 THOUSAND ONE HUNDRED EIGHTY AND NO/100 DOLLARS• . �'; l ' to the said parties of the First part In hand by the saidparties of the second part,the receipt whereof is hereby 'I 1 e • confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents does - grant,bargain.sell.convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy In common but in Joint tenancy, the.nllowing described lots or parcels of land,situate,lying and being in a ',_ the County of Weld and State of Colorado,to wit: I A . PARCEL 1: That part of Section 31, Township 10 North, Range 66 West of the • ' ,• •t 6th P.M., County of Weld, State of Colorado, lying West of the right-of-way of ' the Union Pacific Railroad Company. , } PARCEL 2: Lot B of Recorded Exemption No. 04 - - ! r p 55-b 2 RE908, recorded Febru- III ary 25, 1987 in Book 1197 as Reception No. 02089653, being a part of the NW 4P . } I � � , •il of Section 6, Township 9 North, Range 66 West of the 6th P.M., County of •' I' Weld, State of Colorado. II Together with all the oil, gas and mineral rights first party now owns, if any, • '• ., Q. and together with all underground. surface and/or flood irrigation rights, if any..p, ° p Cb% q TOGETHER with all and singular the hereditament*and appurtenances thereunto belonging,or in anywise � '° � appertaining,the reversion and reversions.remainder and remainders•rents,issues and profits thereof;and all the I ,I estate,right.title,Interest,claim and demand whatsoever of the said part ies of the first part,either in law or I .I equity,of,In and to the above bargained premises,with the hereditament.and appurtenances. Is, Iii TO HAVE AND TO HOLD the said pre mimes above bargained and described,with the appurtenances.unto the alll ,• *• I' • �pII said parties of the second part,their heirs and assigns forever.And the said parties of the first part,for them eaves, their here•executors,and administrators do covenant,grant,hargain and agree to and with the I !Y ' • a •t, e•d parties of the second part,their heirs and assigns,that at the time of the eneeol ng and delivery of these ' presents are well seised of the premises above conveyed.as of good,sureperfect,absolute and indefeasible pees onvey , l,. estate of inheritance,in law,in fee simple,and ha VC good right,full power and lawful authority to grant,bargain, ,v ' I 1 sell and convey the same in manner and form aforesaid.and that the same are free and clear from all former and t'.• a Pyy ' f•' other grants,bargains,selee,liens,tuea,assessment and encumbrances of whatever kind mnatu re eoever. EXCEPT Jr` a . • 1991 taxes due and payable in' 1992; SUBJECT TO existing Deed of Trust in •' !. 1 , favor of The Federal Land Bank of Wichita in the original principal sum of $67.600.00 2$ Mare q135, 1987, recorded March 6, 1987 in Book 1148 a RecC - • • oit lion hE No dlEg bt4��S R�9 whic Y Grantees Se�F �inlFpRile.Si and ff agree a parties of s<and pa ,their a ., heirs and assigns,against all and every gar g person or persons lawfully claiming or to claim the whole or any part thereof, �I the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. ' ' IN WITNESS WHEREOF the said parties of the first part ha ve hereunto sett heirhand 5 and • seals rte day and year first above written. r Signed,Sealed and Delivered in the Presence of 1,149 L_¢-i-r1.A./_ ISEALI • } 'Dniel C./.,a rdne . .-lam/ ISEALI ' . • Sandra F. Gardner• ISEALI I l e - STATE OF COLORADO II + aa. �•, County of WELD l s .0, The foregoing instrument was acknowledged before me this 26th day of August ,t•g91by baniel C. Gardner and Sandra F. Gardner t 'J j j.• \\0114' ,oysmcshalon expires October 28, ,II 93.Witness my hand and official seal 11{{�� / //, r yN'••./aUBI\C+.•n D nna L. Avers am•rrewene. . , . ,7�.,••,•••••,: 907 30th Avenue, Suite 105 'i ,. t "'• for COvf,r Greeley, CO 80631 • a. No.921.WARRANTY DEED To Mal Teant.. Bradford Publishing,MD VI.ea As..,t.kea,wd.CO moral—pop 2756901 7." , ( •' r ' q e ; .0 . . . • ,• • • EXHIBIT A t AND SUBJECT TO: Existing•land lease between Grantors and Gregory Foster , i11 and existing Waterway Encroachment Agreement with the Union Pacific Rail- -, • road Company which Grantees herein assume and agree to pay; and - SUBJECT TO: . i7 • F 2008/2651 1 : 1 078 REC MAR 02260795 ANN ERSTEIN/CLERA564RECORDER WELD CO, CO• $10.00 2/002 ' �'.• I. —Rights or claims of parties in possession not shown by the public . • r - records. il 2. Easements, or claims of easements, not shown by the public _ Fe �•� records. , 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the • '.i•• public records. • 4. Any lien, or right to a lien, for services, labor or material •• • • ,. ..t theretofore or hereafter furnished, imposed by law and not shown �'. by the public records. � ,i 5. Defecta, liens, encumbrances, adverse claims or other matters if C any, created, first appearing in theattaching • subequent to the effective date hereof butprior dtoo the date the • 4, proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. • 6. Taxes due and payable; and any tax, special assessments, charge or .r •. ? •• lr• lien imposed for water or sewer spec service, or for any other special;• " taxing district. '' I 1 7. Rights of way for county roads 30 feet wide on each side of •` �. , . . -.,, section and township lines as established by Order of the Board of • " `•• County Commissioners for Weld County, recorded October 14, 1889 in 1 � Book 86 at Page 273. • 1 8. Reservations by the Union Pacific Railroad Company of (1) all oil, ' I • ' ' coal and other minerals underlying subject property, (2) the ? •� exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and {: r ' +, • � regress to prospect for, mine and remove oil, coal and other r minerals, all as contained in Deed recorded November 7, 1906 in Book 233 at Page 60, and any interests therein or rights w ••i thereunder. • ; + ,,42 i ( (Affects Section 31-10-66) .F. • r - 9. Reservations of (1) right of proprietor of any penetrating vein or �• '.•" lode to extract his ore; and (2) right of way for any ditches or canals constructed by authoritylof United States, in U.S. Patent recorded December 26, 1973 in Book 333 at Page 66. , (Affects Lots 3, 4, and 5 and SE1/4NW1/4 of Section 6-9-66) a • ' r ,; � 10. Coal Mineral Lease between E. E. Foster & Sons and Pacific } International Production Company, Inc. dated April 1, 1977, <'{ recorded April 4, 1977 in Book 793 as Reception No. 1715380, and any interests therein or rights thereunder. (Affects NW1/4 of Section 6-9-6G) 11. Deed of Trust from Daniel C. Gardner and Sandra F. Gardner to the •'K'; S. Public Trustee of the County of Weld for the use of The Federal Y ' 4 Land Bank of Wichita, a Corporation to secure $67,600.00 dated March 5, 1987, recorded March 6, 1987 in Book 1148 as Reception ? • No. 02090924. r� ' • 1: t CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The•fransnation Title Insurance Company hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: • That part of Section 31,Township 10 North, Range 66 West of the 6i°P.M., County of Weld, State of Colorado, lying West of right-of-way of the Union Pacific Railroad Company, EXCEPT that portion conveyed by Deed recorded April 20, 1999 as Reception No. 2688297. CONVEYANCES (If none appear,so state): Reception No. 1581455 Book 659 Reception No. 2090922 Book 1148 '7 Reception No. 2090923 Book 1148 Reception No. 2260795 Book 1308 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this certificate to be signed by its proper officer this 16"' day of April 2002, at 7:00 am. TRANSNATION TITLE INSURANCE COMPANY Order No. 8514568 By: Li s :. „'<G- 1 xc,a1, Authorized Signature • .� Recorded at_.\,l._.-6.o'eloek_M......._.._.._....IQN ') 19J2 II __ n .76 eo°IC rn —__Reception No a..� �:iJJ .ntm.Sl'Otaat Recorder. N ..{ 1 / �flar- a ail Mtn bil these rim xfm, J 3Cnm That I TO NT trli. also lt.cr-n 4.$..XRpy..7a.Gobson I whose address is o4 ' Orveier, .. ._._ _. '� County of tlelu end State of Colorado for the ' I f consideration of other va)Urntle POZIEjdcr.@tjon ant. Ti.l: :D./..100;O1G0 DOLLARS, tr. Dan, �! • . I in hand paid,hereby sell(s)and convey(s)to L...Z._Foster...a...Soru.,....lnc.,•.a.-Colorado I a nsbosceaddresiix Crarporation, t qI County of Y_elL._._ and the State of Colorado...._.___......the . • al l ' o following real property in the County of el,: and State of Colorado, .e Lots Three (3), Four (4) anci Five (5) , anu the Southeast I 'r to-wit: Quarter of the :;orthwest Quarter (SE 1/4 :.l•: 1/4) of Section j e Six (6) , Township Nine (9) ::orth, dance Sixty-six - ' o S (6 h) West the the:.o fi - . and a Lots '.'1/2e (3) Four (4) anti the South half o hw sta far ter �, west Quarter (5 1/2 ::: 1/4) and the West Half of the Southwest Quarter" �t j (E 1/2 SW 1/4) of Section Four (4). Township `ine (9) mirth. der.se .. t ( Sixty-seven. (67) West of the 4th P.::., that.ratt Of Sentient ( Thick -one (31), Township_Ted 01_.North•Hangs„ yyt of 3 ft unto.t grantor an u;tciviosa one-ra ( /2) of al the oil gas and A other-minerals -lying in and under anu that may be produced from the 4 Mbrehmest-tuarter-( -l/4) of"seetleh-Sir' (6) , Township wine (9) ;.ortn Q R1F iangc Sixty-six (66) West of the 6th P.M., anu the Northwest Quarter A anu the West half of the Southwest Quarter (NW 1/4 and ;; 1/2 of St; 1/4 • '\ of Section Four (4) , Township Nine (9) :.orth, range Sixty-seven (67) West of the 6th P.•'. . for a Feria.: expiring on January 4, 195.., together with the right of ingress anu egress for the purpose of exploring for and removing sane, I with all its appurtenances and wanarrt(s)the tide to the same,subject lo..Fen ryatiwia..a::Q.... I eycer tor. contatr:ec it t.^,r: dnite3 States potent deed from the Lr.ioc Pacific :lcilroad recorded in Look 233, 1-ale 60, Weld County recorus; inclusion within the ::unn Fire Protection District and the West Greeley Soil Conservation Distric.t...antl._to_.OA/...anti,..gds...l.kdses..and..uraniva..leases of record. Signed this 4th ‘ ay of Janktary._.----..A.D. l9...7.1. C- In the Presence of 0 / � L en, also known as ` ...J co son STATE OF COLORADO, 1 The foregoing Instrument was acknowledged before me this Co unty of WekL } ._._.._.______...day of `.. 19-7-2, o :' '•. • by_.10ny.ilacohsec....also...known...as..Tony_Jacethsem... _......_..:�./: s1ei;_ Witness My Hand and Official Seal. 1.f, -1 v c a My Commission Expires.Feb• 13, 1974 i-...—A y.c.w:._�.:11,'}R. Y,- jenll..i / �/ ;j�'7 Notary Mir- Marling Address for __fir-$ A ci Ssass. .9Seg. to.._s.l Future Tax Notices ---.__.._....—�--'----_-- ]Z a.e z. WARRANTY fELD--raivra.Les,ew e.nrerw.e---- __c..ea.ca-Dm ma wen • • • • B 1148 REC 02090922 03/06/87 15t50 $9.00 1/003 AR2090922 F 1652 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • WARRAIFIT DEED KNOW ALL PERSONS by THESE PRESENTS; THAT E. E. Foster & Sons, Inc., a Colorado corporation, parties of the first part, in consideration of the sum of Ten (910.00) Dollars, and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and warrant unto The Federal Land Bank of Wichita, a corporation, Wichita, Kansas, party DF of the second part, the following described real property and premises $45.17 situate in Weld County, State of Colorado, to wits Bee Exhibit 'A' attached hereto and incorporated as though fully set forth herein. Together with all oil, gas and mineral rights now owned, if any. Together with all privileges, hereditaments and appurtenances [hereunto belonging, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith; also abstracts or other evidence of title to the above described real estate. Subject to existing easements, rights of ay, and mineral interests or mineral leases owned by third persons under valid reservations or conveyances now of record. Together with all improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described premises unto the said party of [ha second part, its successors and assigns forever, free, clear and discharges of and from all former grants charges, tames, judgments, mortgages and other liens end encumbrances of whatsoever nature. '•Art of the consideration for this deed is the full retirement and cancellation by the grantee herein of that certain promissory note executed by the grantors herein dated February 26, 1983, for Loan No. 980017-4. Stole Documentary Fee Dote Math le11413'7 45.1x1 Page 1 o 2psges , • • • , - • I I B 1148 REC 02090922 03/06/87 15:50 $9.00 2/003 • a F 1653 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO There will be no merger of the security documents for said loan into this conveyance. This deed is made in lieu of foreclosure and is not taken es additional security. Signed end delivered this 2nd day of February, 1987. E.E. Foster & Sons, .."_ ,111C a Colorado rpor ATTESfr ;%tc E on i;t Foster, President / a Pos er, lLer a, 1 -, ...aa•• 'It • ,,.ay.ACEKOWLEDCliCRT ,y%,r,;•, • %y STATE OF COLORADO ) ,',I,VO�nr.3."',•• ) es. COUNTY OF WELD The foregoing instrument as acknowledged before me, on the 2nd day of March, 1987, by Wayne L. Poster, the name of E. E. Foster 6 tons, Inc., a Colorado corporation, to the foregoing instrument as Eldon L. Poster, President, as Attorney—in—Fact and Wayne L. Poster, Secretary of E. E. Foster 6 ions, Inc., a Colorado corporation, on behalf of such corporation, for E E. Foster 6 Sons, Inc. Witness my hand and official seal the day and year last above written. teo- ,ill ,, hater/tit (' - `,p1ARY'+t{; is 3 - t, arc o ; Address (� /� t eU Q`'\ /" �' _ .c/t�J_xt.y l.a p v,, & 3 Nj.,,+ e�saExpirea: 'ggn nNwrn ��. 149n Page 2 of 2 pages • • r . • ' B 1148 REC 02090922 03/06/87 15:50 89.00 3/003 F 1654 MARY ANN FEUERSTEIN CLERIC i RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado, County of Weld, Described as: IN TOWNSHIP 8 NORTH, RANGE 66 VEST OP THE 6TH P. M. '.t Section 14: NE 1/4 and E 1/2 SE 1/4 IN TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH P. M. .t Section 6: NW 1/4, EXCEPTING Lot A of Recorded Exemption No. 0455-6-2-RE 908 being approxisetaly 10.016 acres in the NW 1/4 of the NW 1/4 of Section 6 Township 9 North, Rang 66 West of the 6th P.M. more particularly described as follows: BEGINNING at the NW corner of Section 6 thence South 8g 43' 53' East 1107.42 Feet, thence South 0 0' 00 394 Feet, thence North 82° 43' 53" West 1107.42 Peet, thence North 0 0' 0" 394 Feet to the TRUE POINT OF BEGINNING. IN POMl*IP 10 NORM,, PAfl k =If OF TIM 612 P. K. l,St4W 31e That part of NM •mdse 31 lying list of fho right of ay of the Onfed heeds-afatleema Oempamf. IN TOWNSHIP 8 NORTH, RANCE 67 WEST OF THE 6TH P. M. : Section 4: E 1/2 IN TOWNSHIP 9 NORTH, RANGE 67 WEST OP THE 6TH P. N:: Section 4: NW 1/4, E 1/2 SW 1/4 and W1/2 SE 1/4, W 1/2 SW 1/4 Section 5: A11 that part of the gi 1/4 of said Section 5, described as follows: BEGINNING at the Southeast comer of said Section 5, and • running thence North along the but line of raid Section a distance of 2494 feet; thence West parallel with the North line of said Section a distance of 2447 feet; thence South parallel with the West bomdary line of said Section a distance of 2470 feet sore or less to the South boundary line of said section; thence East along the South boundary line of said section a distance of 2451 feet, sore or lees to the POINT OF BEGINNING. Section 8: S 1/2 and NE 1/4 Section 9: W 1/2 Section 291 NE 1/4 Pf • t r • B 1148 REC 02090923 03/06/87 15:51 $6.00 1/002 a F 1655 MARY ANN FEDERSTEIN CLERK i RECORDER WELD CO, CO AR2090923 State Documentary Fee CORPORATION SPECIAL WARRANTY DEED Dotejeinrrh /n19.87 The Federal Land Bank of Wichita $ 8.54 _—_-- THIS INDENTURE, Made this 5th day of March, 1987, between THE FEDERAL LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and DANIEL C. GARDNER and SANDRA F. GARDNER, as Joint Tenants whose address is 6815 5. Steele St.; Littleton, CO 80122 parties of the second part. WITNESSETII: That the said party of the first part, for and in consideration of the sum of $85,375.00 Eightyfive Thousand Threehundred Seventyfive and no/100s DOLLARS, and other valuable consideration to it in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has DF granted, bargained, sold and conveyed, and by these presents does grant, bargain, $8.54 sell and convey unto the said parties of the second part, their heirs, successors and assigns, forever, Its title to and interest In the following described real estate situated in the County of Weld and State of Colorado, to-wit: PARCF.L It That part of Section 31, Township 10'North, 'Range 66 West of the 6th P.M., lying West of the Right of Way of the Union Pacific Railroad Company. PARCEL 2: Lot B of Recorded Exemption No. 0455-6-2-RE908, Recorded February 25, 1987 in Book 1117 as Reception No. 2089653, being a part of the NW} of Section 6, Township 9 North, Range 66 West of the 6th P.M. TCXEI11ER WITH AIL OIL, GAS, NC MIMI, RIGHTS NOW CWNED, IF ANY. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, end any building or toning restrictions or regulations, and any discrepancies an accurate survey would reveal. TO HAVE AND HOLD The same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the parties of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them or either of them. IN WITNESS WHEREOF, The said party of the first part has caused these presents to be signed by its Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. • •• • B 1148 REC 02090923 03/06/87 15,51 $6.00 2/002 F 1656 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO • EpAi The Federal Land Bank of ATTEST: •`O NO • C Wichita, tb O Ctz A '',. NON lni, C/ ZACt'. SEAL Sharron U. Lacy, ,f '11,ge �r David '. Haak Assistant Secretary •. !t'ICN : Vice President ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before me, the undersigned, a Notary Public in and for said County and State, on • this 5th day of March, 1987, personally appeared David C. Haak to me personally known and known to me to be the identical person who subscribed r the name of The Federal Land Bank of Wichita, Wichita, Kansas, a corporation, to the foregoing instrument as Its Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument Is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of Its board of directors, and he acknowledged to me that ho executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses an purposes set forth and specified therein. Witness my hand and seal the day and year Iasi above written. �'i :o, ota i r Pu My Commission Expires: Fe.6..t4,/9f/ ;'�,OTARY?''• ///3-/o4L •!/r?., frtfiofcy , Ga sew/• • 1 AR22GD795. B 131REC 02260795 08/26/91 15:41 1.00 1/002 F 2077 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO. CO ; RECORDER'S STAMP THISDEED, Madethis 26th day of August 19,91,between DANIEL C. GARDNER.and:SANDRA F..GARDNER State ¢e ry Fee Date - ��y�- tG2 of the County of Jefferson and Steteof Colorado,of the first part,and GREG R. REEVES and PATTY DePLAZES whose legal address is Box 142 Pierce, CO 80650 of the County of Weld and State of Colorado,of the second part WITNESSETH,that the said parties of the first part.for and inconsideration of the sum of NINETY-SIX THOUSAND ONE HUNDRED EIGHTY AND NO/100 DOLLARS, to the said part its of the first part in hand paid by the said parties of the second part,tbe receipt whereof is hereby confessed andackaowledged,has granted,bargained,sold and conveyed,and by these presents do es grant,bargain,sell,convey and confirm unto the said parties ache second port,thoir heirs and assigns foram:not in tenancy in common but in joint tenancy,all the following described lots orparcels of land,situate,lying and being in the County of Weld and StateofColorado,to wit: PARCEL 1: That pan of Section 31. Township 10 North, Range 66 West of the 6th P.M., County of Weld. State of Colorado, lying West of the right-of-way of the Union Pacific Railroad Company. PARCEL 2: Lot B of Recorded Exemption No. 0455-6-2-RE908, recorded Febru- ary 25. 1987 in Book 1147 as Reception No. 02089653, being a part of the NW* of Section 6, Township 9 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. Together with all the oil, gas and mineral rights first party now owns, if any, ff(i. and together with all underground, surface and/or flood irrigation rights, if any. Cb% TOGETHER with all and singular the heredltaments and appurtenances thereunto belonging.or in anywise 4 appertaining.the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and as the estate,right,title.interest,claim and demand whatsoever of the said part ies of the first part,either in law or equity.of,in and to the above bargained premises,with the hereditament,and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,onto the said parties of the second part,their heirs and assigns forever.And the said parties of the first part,for them selves,their heirs,executors,and administrators do covenant.grant,bargain and agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these presents are well seized of the promises above conveyed.as of good,sure,perfect,absolute and Indefeasible estate of inheritance,in law,in fee simple,and ha v good right,full power and lawful authority togrant,bargain. sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants.bargains,sales.liens,taxes:assessment and encumbrances of whatever kind*mature aoever.EXCEP 1991 taxes due and payable in. 1992; SUBJECT TO existing Deed of Trust in favor of The Federal Land Bank of Wichita in the original principal sum of $6 ,,6�0000.0Q„ s d March 5 1987, recorded March 6, 187 in Book 1148 at Recep- tion ti DSfi``6bbb 0924 wrh��i1�ct0 Grantees herein assume, and alma to pay.cbee xhiiort 2$ a t falia pibb eaYn& €�i 1 µ'AESIP pd'a4d`.sidA £ tad parties of the second part,their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. ± EEf:EE!T N WF the said parties of the first part ha ve hereunto settheirhand s and st above written. in the Presence of SEALI nit)C. a doe ,�{{44//..pp� l � S2Zty (SEALi Sandra F. Gardner (SEAL) STATE OF COLORADO county of WELD Thq,fortgoinginstrument was acknowledged before toe this 26th day of August .4991by Daniel C. Gardner and Sandra F. Gardner ',4V•••••••••:.<.,, lopdt Myionexpirea October 28, .19 93.Witness my hand and official /seal. • •O'w-e' 't•If AM' ,set vS !°t/$0/0 ‘tD nna L. Avers Nrarrnaag. a • • 907 30th Avenue, Suite 105 /fa . •. '•..£OF COV-,-*• • Greeley, CO 80631 eTj)0� No.92L waYBANTI nEED TelsieiTe.sla andfrdp.blialo1.SOW.Na An..laktseed.001014-00h2334i743Rii x - • ESBIBIT A • AND SUBJECT TO: Existing land lease between Grantors and Gregory Foster and existing Waterway Encroachment Agreement with the Union Pacific Rail- road Company which Grantees heroin assume and agree to pay; and SUBJECT TO: B 1308 ScR 02260795 08/26/91 15:42 510.00 2/002 F 2078 MARY ANN PEDERSTEIN CLERR & RECORDER WELD deg i.kighte-or claim; of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Rights of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 7 1906 in Book 233 at Page 60, and any interests therein or rights thereunder. (Affects Section 31-10-S6) 9. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority,of United States, in U.S. Patent recorded December 26, 1973 in Book 333 at Page 66. (Affects Lots 3, 4, and 5 and SE1/4NW1/4 of Section 6-9-66) 10. coal Mineral Lease between E. E. Poster & Sons and Pacific International Production Company, Inc. dated April 1, 1977, recorded April 4, 1977 in Book 793 as Reception No. 1715380, and any interests therein or rights thereunder. (Affects NW1/4 of Section 6-9-66) 11. Deed of Trust from Daniel C. Gardner and Sandra F. Gardner to the Public Trustee of the County of Weld for the use of The Federal Land Bank of Wichita, a Corporation to secure $67,600.00 dated March 5, 1987, recorded March 6, 1987 in Book 1148 as Reception No. 02090924. 1111111 IIIII 111111 ill(11111111111111111 III IIIII 1111 1111 2888297 04/20/1999 03:52P Weld County CO 1 of 2 R 11.00 D 7.40 JA Sul() Tsukaaeto WARRANTY DEED a 97 THIS DEED, made this 15th day of April, 1999, by and between GREG R. REEVES and PATTY DEPLAZES REEVES, formerly PATTY DEPLAZES, whose mailing address, for purposes of this Deed, is 16058 Weld County Road 96, Nunn, Colorado 80648 ("Grantors") , and JEFFREY J. FIORINO and PAMELA R. FIORINO, as joint tenants with rights of survivorship and not as tenants in common, whose mailing address, for purposes of this Deed, is 1839 Cambridge Court, Loveland, Colorado 80538 ("Grantees") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantors in hand paid by Grantees, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto Grantees, their heirs, personal representatives, and assigns, forever, the real property, together with all improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described as follows (the "Property") : Township 10 North, Rance 66 West of the 6th P.M. %\ Section 31: W1/2SW1/4; County of weld, State of Colorado. (Vacant land, no street address assigned) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantees, their heirs, personal representatives, and assigns, forever. And Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant, grant, bargain, and agree to and with Grantees, their heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the Property; have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargain., sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantors do hereby warrant the title to the same, subject to all easements and rights-of-way in place or as now existing or of record; protective covenants of record, if any; all oil, gas, or other mineral reservations or exceptions of record; any restrictions, reservations, or exceptions contained in any united States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; and general property taxes for 1999 and all subsequent years. Reservation of Easement. Grantors hereby except and reserve unto themselves, their heirs, personal representatives, assigns, and invitees, forever, a non-exclusive, perpetual easement and right-of-way (the "Easement') over and across the most westerly fifty feet (50') of the Property (separately the "Easement Property") . The Easement shall entitle Grantors to use the most westerly thirty feet (30') of the Easement Property for the installation, construction, repair, maintenance, and use of access roads providing vehicular, pedestrian, and equestrian access from Weld County Road 110 north for one-half mile and across the easterly most twenty feet (20') of the Easement Property for the installation, construction, repair, maintenance, and use of utility lines, which may be aboveground. Grantees shall not construct any obstruction on, across, or at the boundaries of the Easement Property. (WW I/14/99) • Grantors shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantees, their heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantors h ve executed this Warranty Deed the day and year first above written. G' by etit2v GREG 1{. REEVES 2;it r4 8$/�5&e B; PATTY D8 Rformerly PATTY DEPLAZES STATE OF COLORADO ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 15th day of April, 1999, by GREG R. REEVES and PATTY DEPLAZES REEVES, formerly PATTY DEPLAZES. WITNESS my hand and official seal. My commission expires: 'f - -fTri rto '••..(, Notary Public t !CASELLA l.I { BLOCH o UIBI 111111111111111�����IIIII 1111111���11111 IIII IIII 2888297 04/20/1999 03:52P Meld County CO 2 of 2 R 11.00 0 7.40 JR Suit l Tsukaaoto (HF&M 4/14/99) - 2 - Permits on SLIC: I • - _ Date: a , From:-714), . _.e, To: , Legal Description --° i Date: ,. From - ' )r-( To: Legal Description: T — Date: ! _ •:,- if , From To Legal Description_ _ i r�� Date: r _ \. I From. , . To: 1 Legal Description: I v , Date: /, t-.__ \t From: .__4_,.24. y - I ,\AY __ _ To: Legal Description Date: - I From: a;. e - 1'./ To: I Legal Description: F 6-L, F Date: ; = From: To: r 1 Legal Description: Date: From: To: Legal Description: - — Date: _From: To: Legal Description: Rpr 30 02 03147p 970 392 1818 p. 1 iltCOLORADO DIVISION OF WATER RESOUR Office Use Only I Form Gtl:S-44(112004.) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818,DENVER, CO 80203 phone-info:(303)865-3587 main:(303)866-3581 tax: 1303; 866-3582 ntto:!/www.water.state.co.os RESIDENTIAL Note:Also use tiffs form to apply:or livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. 7- Applicant Information --_ __ 6. Use Of Well (check applicable boxes) w op'icant '//� See instructions to determine users) for which you may qualify Ge, 4� `—e eV e ❑ A. Ordinary household use in one single tamely dweiling ',Calling access 'f, ' , 1 /1 Ma outside use) l `f' t Slur`-t`-_ zC u B. Ordinary household use in 1 to 3 single-family dwellings: City • le code State CO g0(v4S Number of d Tein me a p ) �I 1 4 3 5 la Home gardennawm irrigation, not to excetd one acre: ��► area irrigated h"____ - _ O sq.ft.Qacre 2. Typo Of Application (check applicable boxes Domestic animal watering-(non-commercial! K_Construct new well Elise existing well ❑ C. Livestock watering Ion farmfrenchr,range.r pasturol ❑Replace existing well ❑ Change or increase use ❑Charge source ;aquifer) 9 Reapplication !expired permit) 7. Well Data (proposed) ❑Dike-: Maximum camp og-ern : Anrue:en:mt to to eitharawa 3. Refer To (if applicable) - ___. gem acre-feet _.. Ta:sl deplr I Aquifer kafei mini;4 my;a'x cn:r•ceee r feel ' S. Water Supplier _ Oenena:ca Amin.Ceterm.nauon 4 Weil name s,Y ---- Is this parcel within boundaries of a water service area? in YES n NO If yes, provide name of supplier: 4. Lncation Of Proposed Well 9. Type Of Sewage System Cnur- l Ir��lp .I(' , - -_--_I )A! I to_SW ''4 et tyre ,V W 114 ❑ Septic tank! absorption leach Feld Scoria?" Iv V Tore-she N ur 5 na n/_ E our w hi opal Meridian [F:earcr of v.el.ram l! I0�.❑ - %7 ❑ - ❑ Central system: District name: ---�f--- ❑ Vault: Location sewage to be hauled to: ire:Isee:ion linos se P{Pirally nor nn[`artY fines] ------- A3yo Ft.rrcm gl N ❑ S ) 0O Ft.from❑C E,:'tl O other ;attach copy of ergineering design and report) replacer-rent v.e s only- rt,,tance and airecticn horn o'd area to row vac', 10. Proposed Well Driller License #(optional): feet director Well iccauon address Of arcilcaole, 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second Optional: GPS wel local on information in UTM format degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 I13)la). I have read the statements herein, know the lequired settil�s for GPS units arc as follows: Punt not So un.` f contents thereof and state that they are true to my knowledge. - Sip,her (Men Sr original signs I Dote Zcre:rust bele Northing Jmts m:.i:be Meters __ S/,/Z©07 Catum must be NADZ7 1CJ`lus) Eastirg - - I Faint n me b mitt Jett must be se'to true nett , u_<Taints<wraped?U •'ta ❑ so 5. Parcel On Which Well Will Be Located Office Use Only _--. SS---- --- --- u5'r_ep name CwA map no. S'arface eev. A.You must check and complete one of the following: • 9 Subdivision: Name • -__ .. _ Receipt area only Lot Block Filing/Urst ❑ County exemption lattech copy of county approval &survey): Name!# Lot # 9 Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 9 Miring claim attach cap?of Ire died orsurv:1: Name,'# �% Square 40 acre parcel as described in Item 4 __ C Parcel of 35 or more acres (attach:rotor and hounds desedption or Survey! :fE .v_ ether letter; nelea L hpurds ce^_trip'ion or survey and supporting docentents).-- .'�yrr`• : C ve yet to owner ca:his one'ntiruc - — Vf9 l ���4jjj�rr YES ❑rt NO L`no—son nnru:icasl C,yO2 U. `Wt'.lh5 Set the el m we J on tic odfct �'Y[�8+0 Ir 00-bar nth¢'wr,l[ TOF0 E. State Farrel 104(Option?:L__ .< ✓ fJl\ MYLAP SAS DIV ''.ND BA MO Hello