HomeMy WebLinkAbout20022685.tiff 0.
RESOLUTION
RE: APPROVAL OF AMENDED RECORDED EXEMPTION #2841 - SHULTZ FARM,
INC./BUCK AND KAREN GRAYBILL
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 #2841, does not come within the purview of the definition of the
terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Amended Recorded Exemption #2841 was submitted by
Shultz Farm, Inc., 21475 Weld County Road 19, Milliken, Colorado 80543, and Buck and Karen
Graybill, 19013 Weld County Road 15, Johnstown, Colorado 80534, do Todd Hodges Design,
LLC, 2412 Denby Court, Fort Collins, CO 80526, for property which is located in part on the
following described real estate, to-wit:
Lots A and B of Recorded Exemption #2841; being
part of the SW 1/4 of Section 30, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 93.28 acres and 16.28 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 Amended Recorded Exemption #2841
by Shultz Farm, Inc. and Buck and Karen Graybill is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Amended Recorded Exemption No. 1059-30-4
AMRE-2841
2002-2685
RE2841
C'C . it, /2 7/7-L ELK
`• `•
AMENDED RE #2841 - SHULTZ FARM, INC./BUCK AND KAREN GRAYBILL
PAGE 2
B. Lots A and B shall utilize and share the existing residential/agricultural/oil
and gas/ditch road accesses necessary for agricultural operations as no
circle drives or additional accesses shall be granted.
C. A 30-foot wide joint access and utility easement extending, across Lot A
from Weld County Road 15, for the benefit of Lots A and B, shall be
shown clearly on the plat. The joint easement shall be dedicated for the
use as shown using the language set forth in the Weld County Code,
Appendix 24-F.E. The easement shall be graded and drained to provide
all-weather access.
D. 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.
E. Weld County Road 15 is designated on the Weld County Transportation
Plan Map as a local road, which requires 60 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way. A total of 30 feet from
the centerline of Weld County Road 15 shall be delineated right-of-way
on the plat. This road is maintained by Weld County.
F. 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.
G. 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.
2002-2685
RE2841
00
AMENDED RE #2841 - SHULTZ FARM, INC./BUCK AND KAREN GRAYBILL
PAGE 3
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 B has
an adequate water supply of sufficient quality, quantity and
dependability.
5) 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.
6) Recorded Exemptions on adjacent properties may raise the issue
of compliance with the intent of the Recorded Exemption Process.
Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
7) Any proposed subdivision adjacent to, or contained within, this
Recorded Exemption may be considered to be urban scale
development. Urban scale infrastructure may be required.
8) 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.
2002-2685
RE2841
!• 0.
AMENDED RE #2841 - SHULTZ FARM, INC./BUCK AND KAREN GRAYBILL
PAGE 4
5. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Amended Recorded Exemption. Acceptable CAD formats
are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView
shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, C5LOR O
ATTEST: / 4 .� ��� G t �
GlenT, Chair
Weld County Clerk to th r_r. \q.
c q
David E. Lon;/Pro-Te
BY: L•. Co• �
Deputy Clerk to the Boa -t 1.'c ,d '
M. J. G•ile
APPROV) 1J AS TO"Fi
t/' Williarr�H. Jerke
p-2
Attorne
Robert D. Masden
Date of signature: �U 7
2002-2685
RE2841
0•
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
WUDc.
COLORADO
PLANNER: C. Gathman HEARING DATE: October 2, 2002
CASE NUMBER: AMRE-2841
APPLICANT:Schultz Farm, Inc./ Carlson
ADDRESS: 21475 Weld County Road 19
REQUEST: Amended Two Lot Recorded Exemption
LEGAL DESCRIPTION: Lots A and B of RE-2842; Part of the SW4 of Section 30 T4N, R67W of the
6th P.M., Weld County, CO
PARCEL NUMBER: 1059 30 000005
PARCEL SIZE: +/- 109 acres (Lot A: 16 Acres Lot B: 93 acres) ZONE DISTRICT: Agricultural
WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic System
The Department of Planning Services' staff has reviewed this request and recommends that this
request be approved.
The applicants are proposing to increase the size of Lot A of Recorded Exemption 2841 by 6.28 acres to
allow more efficient use of the property. The reason behind the proposed amendment is that Lot A of
Recorded Exemption 2842 is split by an existing road/easement. After the amendment, property to the
south and west of the road/easement would be within the boundaries of Lot A of Recorded Exemption
2842 and the road/easement and property to the north and east would be located within the boundary of
Lot A of Recorded Exemption 2841. The proposed amendment of Lot A of Recorded Exemption would
result in the amendment of the lot boundary for Lot A of Recorded Exemption 2842 on the adjoining
property. The size of Lot A of Recorded Exemption 2842 would be decreased from 22.33 acres to 16.06
acres. Recorded Exemption 2841 and Recorded Exemption 2842 were approved by the Board of
County Commissioners on December 20, 2000.
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. Prior to recording the plat:
A. The plat shall be titled: Amended Recorded Exemption No. 1059-30-4 AMRE-2841
2002-2685
B. Lots A and B shall utilize and share the existing residential /agricultural /oil and gas/ditch
road access points necessary for agricultural operations as no circle drives or additional
accesses shall be granted.
C. A 30 foot wide joint access and utility easement extending across Lot A from Weld County
Road 15, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint
easement shall be dedicated for the use as shown using the language set forth in the Weld
County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all
weather access.
D. 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.
E. Weld County Road 15 is designated on the Weld County Transportation Plan Map as a
local road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. A total of 30 feet from the centerline of Weld County Road 15 shall be
delineated right-of-way on the plat. This road is maintained by Weld County.
F. 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.
G. 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 B has an adequate water supply of
sufficient quality, quantity and dependability.
5) 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.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance
with the intent of the Recorded Exemption Process. Approval of this Recorded
Exemption does not guarantee approval of future applications on adjacent
properties.
7) Any proposed subdivision adjacent to or contained within this recorded exemption
may be considered to be urban scale development. Urban scale infrastructure may
be required.
8) 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.
N S
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 maps(cr�co.weld.co.us.
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY,CO 80631
PHONE(970)353-6100, EXT.3540-FAx(970)304-6498
DATE: 20 RECEIPT ( 8 C1 5
RECEIVED FROM:
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 FEE
MISC.
O CASH ,Z1CHECK NO:
TOTAL
BY:
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
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O
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 NAVE(AVENUE
GREELEY, CO 80631
PHONE(970) 353-6100,EXT.3540-FAX(970)304.6498
DATE: v'«+ > S 20 RECEIPT 09170
RECEIVED FROM: �-
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
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4730-INVESTIGATION FEE
- -
6560-RECORDING FEE '> -4 �` 2< li till ,!i
MISC.
O CASH )J CHECK NO: L ( `-" TOTAL
BY:
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
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APPLICATION FLOW SHEET
COLORADO
APPLICANT: Shultz Farm, Inc./Greybill CASE #: AMRE-2841
REQUEST: Amended Recorded Exemption
LEGAL: Lot A RE-2841; Part E2 30-4-67
LOCATION: West of and adjacent to WCR 15, Approximately % mile south of WCR 42
PARCEL ID #: 1059 30 000005 ACRES: +/- 101 Acres
Date By
Application Received 7/15/02 CG
Application Completed 7/15/02 CG
Referrals listed 7/15/02 CG
Design Review Meeting (PUD)
File assembled 1 Z;-C2-
Letter to applicant mailed 7 . 23. c2
Referrals mailed 1 . .7-1) C L
Chaindexed 1 - r) c2-
Vicinity map prepared
Field check by DPS staff C113/02-. C, ,
Administrative Review decision:
Date By
County Commisioners Hearing Date (if applicable) /0/2.102-
Surrounding property owners notified
Air photo and maps prepared
CC action: t9(--nv ecQ IOIL lot
CC resolution received
Recorded on maps and filed /-/3 -473
Overlay Districts Road Impact Fee Area:
Zoning A Yes No_X_
Airport Yes No_X_ SW Weld_#1_#2 #3_
Geologic Yes No_X_ Windsor
Flood Hazard Yes NoX_
Panel# 080266 0750C
LJEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley Colorado 80631
Phone (970) 353-6100, Ext. 3540— Fax#(970) 352-6312
APPLICATION FOR AMENDED RECORDED EXEMPTION
Application Fee Receipt Number Case Number
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.
Legal Description: Pt. E 1/2 Section 30-04-67 Total Acreage: 109.56 acres Zoning AG
Parcel Number 1059 30 000005 (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 any other property since August 30, 1972?
Yes No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes_ No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes No X; Airport: Yes_ No X; Geological Hazard: Yes No X
FEE OWNERS OF PROPERTY
Name: Shultz Farm, Inc.&Grevbill Home Phone# Work Phone (970) 679-8841
Address: 21475 WCR 19 City/State/Zip Code Milliken, Colorado 80543
Applicant or Authorized Agent: TODD HODGES DESIGN. LLC c/o: Todd Hodges Phone# (970) 207-0272
Address: 2412 Denby Court City/State/Zip Code Fort Collins, Colorado 80526
Smaller Parcel
Larger Parcel Smaller Parcel Applicable only for 3-lot
Recorded Exemption
Water Source Little Thompson Water Dist. Little Thompson Water Dist. Little Thompson Water Dist.
Type of Sewer Septic Septic NA
Proposed Use Ag/Res Ag/Res NA
Acreage 93.28 acres, more or less 16.28 acres, more or less NA
Existing Dwellings
Yes or No No Yes NA
Existing Dwellings Address (if applicable):
Larger Parcel NA Smaller Parcel 19013 WCR 15
Smaller Parcel (applicable only for 3-lot Recorded Exemption) NA
• N e
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best
of my knowledge.
Yom'
Buck Greybill Jr. Kee) Greybill
Sh tz F s. Inc.
Catjaatel l
Bruce Carlson Jod Carlso
Buck Greybill Jr.
Karen Greybill
19013 WCR 15
Johnstown, CO 80534
To Whom It May Concern:
Please be advised that we, Buck Greybill Jr. and Karen Greybill, hereby authorize Mr.
Todd Hodges of Todd Hodges Design, LLC, to represent us in our endeavor to subdivide
our property located in the E '/z 30-04-67 west of the 6th P.M., Weld County, Colorado.
Buck Greybill Jr. Kar n Gra.ybi
Shultz Farms, Inc.
19013 WCR 15
Johnstown, CO 80534
To Whom It May Concern:
Please be advised that Shultz Farms, Inc, hereby authorize Mr. Todd Hodges of Todd
Hodges Design, LLC, to represent us in our endeavor to subdivide our property located in
the E '''A 30-04-67 west of the 6th P.M., Weld County, Colorado.
Shultz Far , Inc
. 41.
Amended Recorded Exemption Questionnaire
1. Water supply statements addressing the following:
a. Domestic use; Domestic water is proposed from Little Thompson Water District.
Attached is a copy of the "will-serve" letter from Mike Cook with the District.
b. Irrigation water; Irrigation water will remain with Lot B. Ditch carrying rights may
be transferred to Lot A for the ability to rent water.
2. A statement explaining that the proposed lots will have an adequate means for the
disposal of sewage in compliance with the requirements of the underlying zone district
and the Weld County Health Department. A copy of the septic permit or a letter from
the sewage disposal facility must accompany the application.
The proposed lots will have an adequate means for the disposal of sewage and will maintain
compliance with the requirements of the zone district and the Weld County Department of
Public Health &Environment. A septic permit has been applied for Lot A and a copy of the
permit is included in this application packet.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime
and nonprime farmland as defined in the Weld County Comprehensive Plan, number
and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches,
and oil well production facilities on the property.
This amended recorded exemption application is to amend the lot line from the original
recorded exemption. This is a more efficient use of the land based on the existing road that
runs through the property. The property is currently and has been in agricultural uses. Oil
and gas facilities are located on the property and are delineated on the site map. There are
no animal units located on the property at this time. The property is designated as "prime"
farmland.
4. The reason for the proposed amended recorded exemption with an explanation how
each lot will be used.
The purpose is to amend the lot line between Lot A RE-2842 & Lot A RE-2841. This
proposal would allow 6.28 acres to be added to Lot A RE-2841 based on an existing
roadway. This proposal allows for more efficient use of the property.
5. A description of the location, size and present use of the area where the proposed new
lot(s) will be created.
Lot A is proposed at 16.28 acres +/-, Lot B is not affected and will remain at 93.28 acres
/-. The site is currently in production and through this proposal will allow for more
productive use of the land. See attached site map for the location of the lots.
6. A statement describing any unique physical characteristics on the site, if applicable.
This site is bordered on the northwest by the Great Western Railroad and is split by the
Farmers Extension Ditch. (See site map for locations of the railroad and ditch)
7. A statement indicating that all proposed or existing structures will or do meet
minimum setback and offset requirements for the zone district in which the property is
located.
All proposed structures will meet the minimum setback and offset requirements for the
agricultural zone district.
8. A statement indicating whether the applicant is willing to place a conservation
easement on the property to maintain farm production or open space.
A conservation easement is not applicable to this proposal.
9. A statement indicating whether a building envelope will be designated on any of the
lots.
A building envelope is proposed on Lot B. (See attached site map)
10. A statement explaining how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable.
This proposal allows for the continued agricultural uses of the site and passive open space
for the benefit of the citizens of Weld County. This proposal does not take `prime"
farmland out of production and allows the property owner to more efficiently use the water
for Lot B. This proposal is not located within an Urban Growth Boundary area, as
designated by Weld County, however is located within the referral boundaries of Berthoud,
Johnstown, Mead and Milliken. The property is not located within any existing IGA
boundary areas or within any of the overlay districts as delineated on the maps adopted by
Weld County.
11. A statement explaining how the proposed uses will be compatible with existing
surrounding land uses.
The existing surrounding land uses comprise of mainly large agricultural lots to the north,
south, east and west This proposal is very compatible with the existing surrounding land
uses and the proposed uses within the growth areas of the Town of Johnstown and the Town
of Milliken.
Lc tr'J
• .,
Phi: Cite; dirt P6:2 Plan1u'e
Item Comments Check Check
Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering ✓--
Boundaries of Lots v--/
Scale Suitable Scale? "=20''. r 1"=100') 11 r 4OO
Accesses indicated Shared Access?If so,is easement Certificate included'?J
C am ,
Roads labeled,including
R.O.W Building Envelope(s) / ,0
Vicinity Map Suitable Scale?(Minimum 1"=600') =1`l' j O= 103 °�
North Arrow f tl� -z* 1
1S-
l.egal Description ✓ C(''-
/'
Notes :rom Planner/ i.-------
Development Standards
Coaditic i s of Approval r --\ F ----Fc„X�S (------.....y
LI)
Owner'? fcate Notarial Certificate include,.!'?.°.t'owners to^st t'fin die plat,
check thw deed.
Surveyor's Certificate and All surveyed plats /
Surveyor's Stamp Note:USR plats do not need to be surveyed (/
Director of Planning Notarial Certificate included?(RE, SE,SPR,Final :OD if f /
Certificate Staff Approved)
Planning Commission. (USR,COZ,Minor Sub.Final) /� 1 /n
-, - ( "Certificate /
Board Certificate (USR,COZ„Minor Sub Final) /
(Final PUD,RE,SE&ZPMI-I if Board appioved) J/
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) fv r r t Easements ' -" / R
Please return the plat to the CAD Technician within 24 hours of receiving the plat. •
n. N 2,�," • )
115),113
/O2— e...) .
Planner on Call: (Initials) AGO (�kl,.y
(.IP(w i‘ I‘31 o-z--
Planner Signature: �/ Z.tk4 Date: -----�-"- --
1
l 1 t '- REFERRAL LIST
NAME: S��1T L '3',_=Y\L- 2I C�b11\ CASE#: AM '{vE - 2-81i
64cr 6 RE-274000UNTY TOWNS and CITIES
Attorney Ault Legal F Z 3o-y- 4O1
X Health Department Berthoud
Extension Service Brighton Parcel ID# Ms'? 30 coo S
Emergency Management Office Broomfield
Sheriff's Office Dacono Zone Acres?
X Public Works Eaton lin rs
Housing Authority Erie USDA 1 :O4...g._,
Airport Authority Evans k#)a
Building Inspection Firestone Airport
Code Compliance Fort Lupton
Ambulance Frederick Geo Haz 0
STATE Garden City A
Division of Water Resources Gilcrest FP? 06 Panel# C g°21-0 v U 7`L
Geological Survey Greeley 1
Department of Health Grover Road Impact Fee Area? , 4
Department of Transportation Hudson (SW#1 ,#2 , #3 , Windsor )
Historical Society X Johnstown tt V'�
Water Conservation Board Keenesburg IGA? / 0 ORD#
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle MUD? /3 J
South of Hwy 66 (Loveland) Lochbuie
North of Hwy 66 (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
7f Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
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
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Frederick/Firestone F-21 West Greeley
Union Colony South East Weld
Fort Collins
Platte Valley
OTHER Longmont
n School District RE- X Big Thompson
Ginny Shaw(MUD) West Adams
X Ditch Company, - -t3-3- -2.>-- E -4x'5;o :-k-c.V.
COMMISSIONER
Weld County Planning Department
GREELEY OFFICE F;✓rt;-• ,
t j1 AUG 7 2002FUr JU[. 2 t- ?002
TT �`r
:: � - --_j
Weld County Referral
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/ Greybil Case Number AmRE-2841
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to WCR 15; approximately Yz mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005
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 listnd 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.
See attached letter.
Comments:
Signature
Agency COfJ 'JI. Nn A N _. 5cp1N L-t Date
:Weld County Planning Dept. :•1555 N. 17th Ave. Greeley,CO. 80631 +(970)253-6100 ext.3540 .:.(970)304-6498 fax
09/03/2002 13: 53 1970597 JOHNSTOWN TOWN PAGE 03
lURe Weld County Referral
COLORADO July 23, 2002
•
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/ Greybil Case Number AmRE-2841 I
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption Ittt
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to WCR 15; approximately 1/2 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005
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.
,...\13/-We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
�L We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature L ? k cat 1 1 SI ZS u Z
Agency xti,.._ Date
•-• 4Att/eld County Planning Dept. 41555 N. 17th Ave.Greeley,Co.80631 4(970)353.6100 ext.3540 4(970)304-6498 fax
RECEIVED
JU u10[
' ENVIRONMENTAL HEALTH SERVICES
CWeld County Referral
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/ Greybil Case Number AmRE-2841
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to WCR 15; approximately % mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005 •
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.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
eir We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments: We iJ (c,
AU.; 2 ft ?OR
r " )
Signature 7--
Agency LOO p Da
4-Weld County Planning Dept. 4-1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
_21t.1);) ��,
r •11 C.O Weld County Referral
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
4
Applicant Schultz Farm Inc/Greybil Case Number AmRE-2841
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld I
County, Colorado.
Location West of and adjacent to WCR 15; approximately',72 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005
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: •
Signature •
•
Agency n_ _f
lct��JJ�'/4 Date
4Weld County Planning Dept, 41555 N. 17th Ave.Greeley,CO.80831 4(970)353-6100 ext.3540 4(070)304-6498 fax
Z00l S'd'd 'sTA1Q 'I e3ITI4 LCC0L890L6 XVd 6980 a0OZ/80/80
• •
RECEIVED
JUL 2 4 2002
' WELD COUNTY
PLJ9,1rV/^P:c• CEVT
p Weld County Referral t
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/Greybil Case Number AmRE-2841
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld
County, Colorado.
Location West of and adjacent to WCR 15; approximately'/ mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005
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
U We have reviewed the request and find no conflicts with our interests.
RI See attached letter.
Comments:
Signature /,® 8 —8 ..o.,
Agency �"`' ��C�� ., Date
•'Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley, CO. 80631 •:•(970)353-6100 ext.3540 4(970)304-6498 fax
Weld County Planning Department
rr`EI_EY OFFICE
(1 AUG 2 1. 2002
t4t‘:( MEMORANDUM RLC VED
TO: Chris Gathman, Planner I DATE: August 13, 2002
FROM: Donald Carroll, Engineering Administrator /O
COLORADO SUBJECT: AmRE-2841, Schultz Farm Inc/Carlson
COMMENTS:
WCR 15 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 III, Section 23-3-50,the required setback
is measured from the future right-of-way line.
WCR 40 is designated on the Transportation Plan Map as a section line. This road is NOT maintained by Weld
County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,Article III, Section 23-3-50,
the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The access shall be placed in such a location to have adequate sight distance in both directions and not below
the crest of a hill or where physical obstructions are present. (Lot B) (building envelope)
The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County
right-of-way. (Lot A)
If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If
the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size
your culvert. (Lot B)
In accordance with Section 24-7-50 J of the Weld County Code , Chapter 24, Article VII, the flag lot configuration
will be avoided where possible. The minimum width of a flag lot is 30 feet. (Lot A)
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. (Lot A, need deed of dedication for right-of-way)
Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle
drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply
to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities
or other counties that access Weld County roads are also subject to this policy. (Lot B)
The applicant shall utilize the existing residential access to this parcel. Lot A
pc: AmRE-2841 M:\WPFILES\DON-C\RE-7.wpd
Page 1
•• •O
kip MEMORANDUM
11- 1
TO: Chris Gathman, Planner I DATE: Sept. 23, 2002
COFROM: Donald Carroll, Engineering Administrator �1 i
. SUBJECT: RE-2841 and RE-2842, Shultz Farm
COLORADO
RE-2841
One of my requirements was for the applicant to pursue a Non-Exclusive Right-of-Way Agreement for access
where WCR 40 would be. In reviewing the County's right-of-way records, WCR 40 at this location does not
exist. Therefore, the applicant has provided a 30-foot access easement to accommodate the building
envelope for Lot B and access for Lot A. The access is from WCR 15.
In case RE-2842, Lot A has an approved access from WCR 15 through the 30-foot access and easement
agreement from RE-2841. Lot B has an approved existing 30-foot access easement through Lot B, RE-2838,
from WCR 13. Both lots have approved 30-foot access easements from the previous cases.
pc: RE-2842 and RE-2841 M:\planning\re-14.doc
ClirPrill6 Weld County Planning Department.
GREELEY 01i1' t: of `.
AUG
7 2002 JUL 2 2002
CWeld County Referral
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/ Greybil Case Number AmRE-2841
Please Reply By August 23, 2002 Planner Chris Gathman
Project Amended Recorded Exemption
Legal Lot A of RE-2841; part of the E2 of Section 30, T4N, R67W of the 6th P.M., Weld k
County, Colorado.
Location West of and adjacent to WCR 15; approximately 1/2 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005 .r_._..— T_. 1
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 anyfurther questions
regarding the application, please call the Planner associated with the request.
U. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature
Agency CC1J&Jt isA-t~--6 (sem 3PN- / Date
pl r-e AA) Rt SERVO lk ac,uPA1O CA-t) ( 0 —02
•}Weld County Planning Dept. '1555 N. 17th Ave.Greeley,CO. 80631 :•(970) 53-6100 ext.3540 c•(970)304-6498 tax
WELD COUNTY SCHOOL DISTRICT Re-5J
JOHNSTOWN-MILLIKEN
110 S. CENTENNIAL DRIVE �� r
MILLIKEN,CO 80534
ti �•
d �
Dr.Jack E. Pendar
Superintendent A „
(970)587-2336 5
August 12, 2002 C r y .1 2002
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Chris Gathman:
Thank you for referring case number AmRE-2841 am AmRE-2842 to the School District.
As stated in previous letters,the projected student impact upon the Johnstown-Milliken
School district appears to be minimal as presented at this time. Currently our schools are
above or nearing capacity, especially at the elementary levels. Our facilities plan
indicates that we will have the need to build an additional elementary school with the
next year and make renovations to the middle and high schools within the next two to
three years.
As of this date the Towns of Johnstown, Milliken and Berthoud have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present, the cash in lieu of land dedication fee is $750. This fee is paid
at the time of the issuance of a building permit and is paid directly to the school district.
As this exemption directly effects the school district adversely, I would request that the
applicant voluntarily contribute the same fee as all other homebuilders in our
communities have done since the inception of the local IGAs. As we do not make
individual student stops in a development for transportation purposes, a common pick-
up/drop-off point should be provided with a bus shelter.
Sincerely,/
fr/I //
/ac E. Pendar
Supe ' tendent
J
Iris
„0 _
(7*-----
IIBc. County Weld Referral
COLORADO July 23, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Schultz Farm Inc/Carlson Case Number AmRE-2842 I
l
Please Reply By August 23, 2002 Planner Chris Gathman I
Project Amended Recorded Exemption
i
Legal Lots A& B of RE-2842; part of the SW4 of Section 30, T4N, R67W of the 6th
P.M., Weld County, Colorado.
4
Location East of WCR 13; approximately 1/2 mile north of WCR 38. For a more precise
location, see legal.
I
Parcel Number 1059 30 000005 & 1059 31 000036 E
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.
See attached letter.
Comments:
Signature t / air)/
"Y
Agency tdia R_ ) Date
tJ
+Weld County Planning Dept. +1555 N. 17th Ave. Gree ey CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
o ile t
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
\Veld County Public Works Department Date:
111111 Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000. Ext. 3750 Fax: (970)304-6497
1. Applicant Name chiitb Fnrrr. 1 I C Phone (97O) 679-bb4 I
Address 2I 475 WOK 19 City Milliken State CO Zip 6O543
2. Address or location of access N/A
Section n Township 4 Range G7
Subdivision Block Lot
Weld County Road 4 13 4 15 Side of Road E S W Distance from nearest intersection
3. Is there an existing access to the property? Yes X No 4 of accesses 3
4. Proposed Use:
❑ Permanent J Residential/Agricultural O Industrial
J Temporary J Subdivision O Commercial O Other
5. Site Sketch
Legend for Access Description:
wcFz
AG - Agricultural as 4.fi aj
RES = Residential
O&G - Oil&Gas
D.R. - Ditch Road
WC Fit 1 WCR 15
/ x Ap/Od.G
/ I accesses
we Fz 40
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
J Installation authorized ❑ Information Insufficient
Reviewed By: Title
B
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WCR 42
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Lot A - RE 2842 ;y
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Pt. E /2 30-04-G7
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Sep 24 02 01 : 40p
p. 3•
•• ••
AMENDED RECORDED EXEMPTION NO. 1059-30-4-AmRE-2841
PART OF E 1/2 SECTION 30, T. 4 N., R 67 W., 6 P.M.
11
� i
•
-� j�-60' ROAD ROW
_/ N00.00'25'E 1 1
80' ROW -0-.-+30' ROAD ROW
BOOK 73 / 477.!8'
•
C V4 SEC. 30 PAGE 242 I
•
NOT END OR SET E SEC. 30
I I END. 2ALUM CAP
S88'09'30'E / IN RANGE BOX
A
1315.08' / _ LS 10945
1� s
j S88'09'10'E 1315.08' 1
•
4
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• SET NO'. 6 x 30' I I
4, REBAR W/ 2 1/2' a
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S ' P N
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93.28 &AC. SET NO. 6 x 30'
/ • 1 1 ACRES REBAR W/ 2 1/2' g S 1/16 CUR SEC 30 & 29
ALUM. CAP z SET #6 X 30' REBAR
'wo /t b I I W/ 2 1/2' ALUM
j 2 �;_ N88'15'42'W ' CAP, PLS 9644
o ' 1304.43' -k:j 2001
•
• b• FARMERS EXTENSION
• No DITCH 6D' EASEMENT
/ NO DOCUMENTATION -
SEE NOTE 7 _
�= AG. & OIL w I
•
/ /- -� ACCESS
� I I/ ^e
'/ --'30'6 L5 BUILDING = 1 12
1O' 33\' C4 EXISTING ROAD/ - -^
C / '_. PROPOSE➢ 30' ENVELOPE z 1 1
ID
Am RE-2841 ,o ACCESS EASEMENT r---
56.6 LOT"A" FOR LOT A & B I I I a a
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o fx
L4 • / L2 EASEMENT ACRES 1 I 1 - U , o›
/�.. SJ 589 28'03'E 1703.84' i — 129 ' mo'
3 1
INGRESS I AG, & OIL ACCESS-fi !
/ EGRESS EASEMENT 31 L' SE CUR SEC. 30
• N88'28'03'W 2625.77' END. 3 L/2 ALUM.
CAP LS 7242, L998
-SEE DETAIL A S 1/4 CDR. SEC. 30 WCR 40
• END. 3 1/4' ALUM. CAP
LS 7242, 1998
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CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records, and
finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most
recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
Lots A and B of Recorded Exemption No. 1059-30-4-RE 2841 recorded January 29,2002 as Reception No.
2920490,being a part of the E '/3 of Section 30,Township 4 North,Range 67 West of the 6th P.M., County of
Weld State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1295295 Book 163
Reception No. 1641907 Book 720
Reception No. 1951627 Book 1017
Reception No. 1951628 Book 1017
Reception No. 1982957 Book 1044
Reception No. 2301680 Book 1349
Reception No. 2419225 Book 1471
Reception No. 2763982
Reception No. 2789777
Reception No. 2885279
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 14th day of June 2002,at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8514657 �p
By: t i 11..�(l-caS n 2 koo
Authorized Signature
__
Recorded at /(, ' cl,x:< GW.: ... ... it,'� 1^ ��`- .•—.. 1 ) ', _I(i•1 _.
•
r �i I t, • .)U ) ANS St0MO
Reception No... t.t l•_ _. Recorder ..c'
Recorder'. a.mp
KNOW ALL MEN Br THESE PRESENTS, That we, D. WILSON
r McCARTY and H. G. MCCARTY, of the County of
Boulder and State of Colorado, and HELEN M.
... ^ of tb , formerly 'ty Helen F. McCarty,
r --
.' tn• rmn�ty or Lhrfler , and State of C"lomth.
for the consideration of ONE DOLLAR,
• ,tl+llar5—
t in hand paid,hereby sell and convey to D. WILSON MCCARTY,
cqt i1. G. McCARTY, and HELEN M. FICKKL,
MN
,s, i of the County of Boulder ,and State of Colorado,the following real
m property,situate in the County of Weld, stud State of Colorado,to-wit:
` � The southwestquarter (SW'.;), t I
i" r („W;) the south half (S'A of the northwest..
el quarter (N&H;), the southwest quarter (SWt) of the northeast quarter
!kit (N&':,), the northwest quarter (W;) of the southeast quarter S:: .) and
Y sl ;the south half (S':) of the southeast quarter (Sri;) of section 'chitty
t (30) and the northwest quarter (Nth".) of section thirty-one (31), all
e ' in township four (4) north, of range sixty-s. v.n (67) west. of r6e ftn
[P.M., containing in all five hundred sixty (560) acres, more or lass;
....... [ 4 I1(excepting from said section 31, "Minnie Lake. Reservoir" as conveyed
�'to John W. Erkcnbeck by deed recorded in book 31, at page 431, of the "':
4 f (records of Weld County, Colorado; and excepting a tract of land contain•;
tying approximately seven and four-tenths (7.4) acres conveyed to Jonn A.
'Hewitt and Charley .. Hewitt by warranty deed dated February 2, 1903,
'and recorded in book 207, at page 37, of the records of Weld County, f
Colorado; also excepting a strip or parcel of land conveyed to The I
'Northern Construction Company by warranty deed dated February 6th,
',1905, and recorded in book 73, at page 243, of the records of held Cou.ity,
',Colorado; and also excepting from said section 3u a strip or parcel of
!land conveyed to The Northern Construction Company by warranty deed
'dated February ldth, 1905, and recorded in book 73, at pai;e 242, of t:re II
w l records of Weld County, Colorado); but together with all ditch and wattlr
rights appertaining to said premises, including 9 snares of the capital
',stock of The Highland pith Company and 21.9 shares of the capital stock •
'of The Farmers Extension Ditch Company, also all right, title and in-
:terest of toe grantors in and to a certain reservoir, priorities and
'water rights, known as the Hill Reservoir", said reservoir having
:priority No. 4, as of the first day of February, 1079;
with all its appurtenances,and warrant the title to the same,subject to
I
ao
Sign,d and delivered the 17th day of December ,A.0.19 50.
In the presence of I 'a..-17 r>�`—e—rly. ... ..(SEAL)
T/ /r/L, 6 " F/
formerly f,..,,t A'- 'h=< e -
SPATE or COLORADO
County of Boulder, lot (SEAL) . . ..
The foregoing instrument wee acknowledged before me this 17th day of December,
wig,¢&;hyr/D. WILSON McCARTY, H. G. McCARTY, and HELEN M. FICK L, formerly
• twemgp huh cad official ae_l . HELEN F. Mc CARTY. _
;10 leilon expires July 22nd, 1959.
4 � ;Sl I C o' ._.7!f?t.L,Gccs` /.--1,„.:_•,.„L„, Ij
eo eke^
ry.wlte.eeae uw�
• .....,,EN.ItrI ►rya eraprry.,ae!'r n:s.R aNN ae b,vr;7 G o ry-.. t,I"r cr"alai.2,22'!"2-,
J
O AUG 6 1174
e1 neeoraed nt-...__ D cit._.GAd., r
, gays) ii fii3�� 3.1 E $MFM[E. , i
N O m.o. No_.._.__—__. tt.•oDNer.
e _ f fi.
•^.^ 'IlELEH M.'FICKEL, whose address is ferthoud, County of
Lorimer„and State of Colorado,'and 0; WILSON MCCARTY, , I
I ; .4 I t
3 whose address is Longmont,'• • •• �� i
• i ,,
11!' • County ofd Boulder. ,State of
re,-f a
~O Colorado', , for the eAnnir).ration of C L DOLLAR , ',
doHai In hand paid,hereLy tietl(s) and convey(s) to I r
SO !'
N H. G. McCARTY, . !I
...... NI whose address is Longmont County of
o
.' Boulder , and State of Colorado, the following real property in the
o it
o County of Weld ,and State of Colorado,to wit:
o
The southwest quarter (SW}), the south half (sti) of the northwest quarter I.
(NW}), the southwest quarter (SW-) of the northeast quarter (NE',), the north- ''I
pAlg west quarter (NW}) of the southeast quarter (SE}) and the south half (S§) of
,s.mct the southeast quarter (SE}) of section thirty (30) and the northwest quarter I'I
rekhl (NW't) of section thirty-one (31), all in township four (4) north, of range
a sixty-seven (67) west of the 6th P.M., containing in all five hundred sixty
--_ (560)acres, more or less; (excepting from cold section 31, ":11-oLe take
• Reservoir" as conveyed to John W, Erkenbeck by deed recorded in book 31, at I
page 481, of the records of Weld County, Colorado; and excepting a tract of
`a' - land containing approximately seven and four-tenths (7.4) acres conveyed to
John A, Hewitt and Charley A. Hewitt by warranty deed laced February 2, 1903,
and recorded in book 207, at page 37, of the records of Weld County, Colorado;
also excepting a strip or parcel of land conveyed to The Northern Construction
Company by warranty deed dated February 8th, 1905, and recorded in book 73, at
page 243, of the records of Weld County, Colorado; and also excepting from said
section 30 a strip or parcel of land conveyed to The Northern Construction Com-
party by warranty deed dated February 18th, 1905, and recorded in book 73, at
.. page 242, of the records of Weld County, Colorado); but together with all ditch
and water rights appertaining to said premises, including 21.9 shares of the
capital stock of The Farmers Extension Ditch Company, 9 shares of the ears mnl
stock of The Highland Ditch Company and 25 shares of the capital stock of The i1,
Bunyan Lateral Ditch Company, also all right, title and interest of the gra........
in and to a certain reservoir, priorities and water rights, known es the "Hill II
Reservoir", said reservoir having priority No. 4, as of the first day of I
if taatliaNx«� tmont ti B sr ti kitladatibacA a nine[ tea
February, 1879;
Reserving to the grantors an undivided 2/3rds interest in all oil, gas and
minerals underlying said premises. II
Signed this 2nd day of August , 19 74 ,
II
::C en iEei,
... �a ii
P. Wilson McCarty. ,:� .
w i1
I
STATE OF COLORADO, I
'Cr F-C County of Boulder, I,I''�I
j
�' ,k. ,,,log iaetrumeat wz,u-1-.ewlcdged before me thi, 2 rte, I
t" iTela tint ,19 74 ,by HELEN II. FICKEL and D. WILSON NcCARTi. H
'4•'0-04 :• I
1PA aI1promitui 11 expires July 14th, 1975. III
61f, i&ithestipy hand and official anal - H
OF 0\ . /
... Notary Public w Ii
Vanity Aek ldpmaat.—tf by rural pen= prove E r•Invert one nr amen:If by rto aettm In rn r',en In thin or 'I
fllalal ape dIy arm.tto na)4In.fat Wen Iva=t Oeme of p� . a ur r: ver'In-left or other ea Ityvir deK.r!p
_ flan:It b>omKwr of aoryareno Ile I,rtt name at rvoll etnc.r n�afncanoa.We Droatd.nl or older o.t n f ouch m I,
pearls=mint It.
No.MY. wa,sy ewe-Ohnt rwo-.aw.n44Is,e.11 iMl-a,Jle,d rablhhles Co..ta11-14 Scoot Strom Dan,,Colman-443
V � n 1017 me 01051627 12/10/83 14:35 $( .ou I/u0:
F 0253 MARY ANN FEVERSTFIN Ct.FRK '. RECORDED WELD 0'P, Co
PERSONAL REPRESENTATIVE'S DEED
I
THIS DEED made by MICHAEL H. MCCARTY and PATRICK W.
MCCARTY, as Co-Personal Representatives of the Estate of
, . . Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY,
an undivided 74.422% interest, MICHAEL H. MCCARTY, an
'.. undivided 12.789% interest, and PATRICK W. MCCARTY, an
undivided 12.7891 interest, whose address for the purposes
Of this Deed is P.O. Box 550, Cody, WY 824141
i .
' "°- WHEREAS, Grantors are the qualified Co-Personal
- Representatives of Said Estate, Probate t81PR326-3, Boulder
" ' - County, Colorado; and,
. THEREFORE, Grantors convey, assign and transfer all
to Grantees the following real property in Weld County,
-4-- ColOrado, . .
c'
4, fi !� The Southwest 4, the South 4 of the Northwest 4, the
r • trt.Routhwest 4 of the Northeast 4, the Northwest 4 of
i A. 'r' ' ').the Southeast 4 and the South 4 of the Southeast 4 of
''Section 30, and the Northwest 4 of Section 31, all in •
ts_ , :.•.i' Township 4 North, Range 67 West of the 6th P.M.,,
:�, •",i,;,containing in all 560 acres, more or less; (excepting
'c.,.: from said Section 31, 'Minnie Lake Reservoir' as
•�' ""w; conveyed to John N. Erkenbeck by dead recorded in
4; Book 31, at Pella 481, of the records of Weld County,
' : Colorado; and excepting a tract of land containing
`:+. A. -. Approximately 7.4 acres conveyed to John A. Hewitt
. ° and Charley A. Hewitt by warranty deed dated February
c ; 2, 1903, and recorded in Book 207, at Page 37, of the
'-'^records of Weld County, Colorado; also excepting a
'�"'1 strip or parcel of land conveyed to The Northern
et' '''„.. . :Construction Company by warranty deed dated February
Sth, 1905, and recorded in Book 73, at Page 24), of
the records of Weld County, Colorado; and also excep-
_ 'tins; from said Section 30 a strip or parcel of land
_ conveyed to The Northern Construction Company by
Sv . warranty deed dated February 18, 1905, and recorded
rq in Book 73, at Page 242, of the records of Weld
. water County,
rights appertaining C but olorado);
to said her ith all ditch and
premises, including
.Hi .e. . =.' 21.9 shares of the capital stock of The Farmers
l4 -' Extension Ditch Company, 9 shares of the capital
l' stock of The Highland Ditch Company and 25 shares of
- • - the capital stock of The Bunyan Lateral Ditch Company,
. . also all right, title and interest of the grantors in
1 ` at and to a certain reservoir, priorities and water
_; jM rights, known as the •Rill Reservoir', said reservoir
, •;p• No. 4, as of the first day-:having priority of February,
.A, ....1579; . .
Il
two
rt-_ ^aura .:
-..�_ • a Inn urr niche), 12 ,1n/P3 Ia• 1r. 1:r, nr ! ,nn,
P 0254 MAR; ANN rr1rPsTr.rN cv. pr< t RECOPO 'R !4M,1 Co, rn
k.
.1
S
' BUBJ1tCT to all easements, rights of way and reserve-
•' tions, zoning restrictions and covenants of record or
otherwise established; all assessments and subse-
quently assessed taxes.
• EXECUTED this .74, --t. day of December, 1983.
__
e����
Mich el cCarty, Co-Persona
. Representative
J ag /
trick W. Mccarty, Cdt Perao
° :' Representative
•
•
•
• '' _STATE': OP COLORADO )
COUNTY OP J n.
. ..,:
�` the f�g um oing instrument was acknowledged before me
• lhis ,JGW day of December, 1983, by Michael It. McCarty
and Pa r W. McCarty as Co-Personal Raptosentatives of the
•
ra,-Estate of fiance O. McCarty.
s yu
• ,r. My Commission expires; / 17��
�'
'... ,, • 8f1TNt88.my hand and of seal, '
r
g p1ARy ' • o Y'Dublio
B `C,. O Y
_ ea
1
;) , 1{aY V a. C^ 1!
•
.Y v .
}e,
14 ,
. d t tA• ',i k, .
. .4. .
#a'
• _y-
a
m.. .due w-- •"""swam• `eastar_ s.r'-era9.• _Srele-s w«
B 1017 RFC 01951628 12/30/83 14:36 $3.00 1/001
'.0 llsarda P 023c MAW? ANN FFItERETF.IN CS•FPK 3 P)'COND E;P WELD cc, C(1
__
melee w, SC-ARTY
_
i! whose address Is 2525 W. County h1. 14
II Berthoud, County of Lorimer , State of
—
Colorado ,for the consideration of TEN DOUAI ' and (MIER Q".OD NC
VALUABLE CONSIDERATION
• ;I reboot in hand paid,hereby sells) and convey Is) to
II
I Helen Y. lbarty
"— I� whose legal address is 1306 W. 9th Ave., IronoTmt, Connry,.e
Boulder ,and State of Colorado the following real property in the
1
IIan undivided 12.789% interest Jac quitiYela Weld .and State of Colorado,to wit:
The Southwest k, the South k of the Northeast Is, the Southeast k of the northeast
... II k, the lbrtlanest k of the Southeast Is and the South k of [le Southeast k of
Section 30, aM the Northeast k of Secttan 31, all in lb nship 1 North, Range 67
West of the 6th P.M., containing in all 560 acres, more or less; (accepting frail
• said Section 31, 'Minnie lake Reservoirs as conveyed to John 14. Erkentedt by deed
-. recorded in Book 31, at Page 481, of the records of Weld County, Colorado; and '
tempting a tract of land oontaining zippcotLaately 7.4 acres conveyed to John A.
• llewitt and Charley A. Hewitt by wtrranty deed hated February 2, 1903, and racrdal
in Bode 207, at Page 37, of the records of Weld Canty, Colorado; also ocoept ing a
strip a• fnrool of land oomeyed to The Northern Construction Carpany by ierranty
•
deed dated February 8th, 1905, and recorded in Book 73, at Page 243, of the records
- Of Wald County, Colorado; and also excepting fray said Section 30 a strip or
co•
parcel of landnveyed to The Northern Des Cowen/truction en/ by warrantydeed
dated Febrility 18, 1905, and recorded in Body 73, at Pace 242, of the record, of
- Wild Cotetty, Colorado); but tol.ther with all ditch and water rights app.rtnining
to said premises, including 21.9 shares of the capital stock of The ranters
' Extension Ditch Clstpey, 9 shares of the capital stock of The Highland Ditch
• Caxpey std 25 shares of the capital stock of The Buryan Lateral Ditch anpary,
also all right, title and interest of the grantors in and to a certain teaervoir,
priorities aid water rights, known as the •11111 Reservoirs, said reservoir having
smear priority No. 4, as of the first dray of rala-ttary, 1879;
" ' with all Its appurtenances,and warrant(s) the title to the same, subject to prior years' taxes
which grantee accepts and assures to pay; eseonents, restrictions a d rights-of-
wry of record or in place, if any.
Signed this ao e4 day of ct-4,17,-/720(. -127_.,_. � 77
k w, ltCart
• STATE OF COLORADO. J
County of
- . foregoing Instrument was acknowledged before me this IVjpr A.
day of , beallibSt . 19 83 by Patrick W. R0C'arty
Ke a,
s y�abi86d pirerl 42/,/'f� __
• z., 4, nda al .s;r�01ARY ;it CV t'
i' ..a.;v ;.,.4.o- :
^ `G tG r �___
N.M. Merest;
�� Fwa M.,,..MA, mi.ga.. Iv.,.,,(11X11 _rM11111W i.•. r
• •
Ah1162117 n 1044 Pre fl 082957 09/26/81 inlii t ,, 10 iino2
F 1496 MANY ANN FRURPBTRIN CLERK t NrCOPDKR NF.l.D Cr), CO
.
HELEN Y. MCCARTY (an undivided 87.2111 int(+rent)
•
and MICHAEL II. MCCARTY (an undivided 12.7195
interest)
whose address is 1306 ll. 9th Ava., Longmont,
awe
County of Boulder , State of
Colorado ,fur the consideration of
TEN DOLLARS AND OTHER GOOD AND VALUABLE C I ISIDERATION
dollars,in hand paid,hereby sells) and convey(s) to
ILAKE FARM, a general partnership •
1'i whose legal address is 1306 ri. 9th Ave., Longmont, County of
Boulder
,and Staten( Co loradbe following real property in the
ti. I County of Weld ,;end State of Colorado,to wit:
•
SEM EXHIBIT 'A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE.
l
r
(actual consideration lone than $100.00)
•
also known as street end number
with III Its appurtenances, and warrant(s) the title to the same, sobpft to 198) to*us payable
•
in 1984 and subsequent years' taxes; easements, rights-of-way
and reservations of record.
I Signed this �')A�' day of Sop ember ,19 94.
He e .*. y r/)l r(�t C��
Ho o ,y t G
^', :l'ry r
Mi ael . McCarty /
STATE OF COLORADO,
u
(bunt of
.saw Y Larlme •��
The foregoing instrument was acknowl•dged before me this ea )}�
day o1 Se September . 19
p 84 by Helen Y. McCarty and Michael N. McCarty.
,r . 1W on expires llr
in 1.0 ,Band and official seal.
ea faCi w ttlp D` . � sw�'T.9.1,,
Y.:41(O%\11, "fit''`•: Address: r . yarn rum,
it . '� 2221 . Magnolia 5t
?fCp .. S?art Collins, Colorado 90521
we •
Na.set. Wirral,Nei—than w.rr.Iona
Yon. I...a.,r n a.w . I a.....r.,..•.. ,............
.
0
,., ..
- •• R 1044 RRC 0191111'4) ns/76/A4 1nt19 Sc.nn ;/r,ni
• r 1447 MART ANN FCIICRSTCIN Ci.EPX 4 Rf.COP411 11h LO rti, r'n
•
The Southwest k, the South 11 of the Northwest S, the e.. .;•;,
Southwest k of the northeast ' , the Northwest 1 of
the Southeast Is and the South I, of the Southeast 4 of Section �•Township 34•North, Range;67e Westof the ion 6th 31,
an the 6th 4 all in
containing in all 560 acres, more or less; (excepting _ *
from said Section 31, "Minnie Lake Reservoir" as
conveyed to John W. Crkenbeck by deed recorded in
.. Book 31, at Page 481, of the records of Weld County,
Colorado, and excepting a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty deed dated February
2, 1903, and recorded in Book 207, at Page 37, of the
records of Weld County, Colorado; also excepting a
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February •
8th, 1905, and recorded in Book 73, at Page 243, of .
the ifromds of Weld Section 30ya strip Colorado;or parcel and ,so p
cong from said of land '
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded -� .
•r in Hook 73, at Page 242, of the records of held
County, Colorado) ; but together with all ditch and
water rights appertaining to said premises, including
•
21.9 shares P of the capital stock of The Farmers
Extension the capital
Ditch Company, 9 shares of capital
stock of The Highland Ditch Company and 25 shares of
the capital stock of The Bunyan Lateral Ditch Company,
also all right, title and interest of the grantors in
and to a certain reservoir, priorities and water
rights, known as the "11111 Reservoir", said reservoir -
having priority No. 4, an of the first day of February,
1879;
n ,�
.
+rrrrr
MOW
L,
B 1349 REC 02301680 08/28/92 16:15 $10.00 I/002
•• AR23036a0 F 0678 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
WARRANTY DEED
LAKE FARM, a general partnership, whose address. is P.O. Box
596, Longmont, County of Boulder, State of Colorado, for and in
consideration of Tan Dollars ($10) and other good and valuable
consideration in hand paid, hereby sells and convoys to HELEN Y. •
McCARTY, whose legal address is P.O. Box 596, Longmont, County of
Boulder, State of Colorado, the following described real estate,
in the county of Weld and the state of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated
herein by reference.
with all its appurtenances, and warrants the title to the same,
subject to:: .1992 taxes payable in 1993 and subsequent years'
taxes; a first deed of trust in the principal amount of
..u. $150,000.00 to the Equitable Life Assurance Society of the United
States dated. January 27, 1986, which grantee assumes and agrees
to pay; easements; rights-of-way; and reservations of record.
Signed this day of June, 1992.
•
LAKE FARM, a general partnership
By 0
Helen Y. M rty, /partner
• `(ss - ° g,,.g, By
ees ,u ..� � M ae H. M•Carty, •artn= ,
,,..;. STATE OF COLORADO )
se.
County of Boulder )
v. .
The foregoing instrument was acknowledged before me tlitgo103 ,�'•,.
day of June, 1992, by Helen Y. McCarty, a partner oc•1,,aJ:
Farm, a general partnership. ( " '.."
Notary Public /c �•�w
My commission expires: (�a�%=, ,rflA, ,,:•
.r. .... 7. /92/
•
"•,•••.•..•....
rF
STATE OF WYOMING ) �.� • '
es. qo •
County of Park )
/The foregoing instrument was acknowledged before me��o..�``?sS!m
4+h day of June, 1992, by Michael H. McCarty, a partner o L4pk .1 •
Farm, a general partnership. • •o o,.•. -
Notary Public
My commission expires:
•
•
S
•
B 1349 REC 02301680 08/28/9.2. 16:15 $10.00 2/002
F 0679 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
The Southwest h, the South '; of the Northwest h, the
Southwest k of the Northeast h, the Northwest h of
the Southeast h and the South 4 of the Southeast h of
Section 30, and the Northwest h of Section 31, all in
Township 4 North, Range 67 West of the Gth P.M. ,
containing in all 560 acres, more or less; (excepting
from said Section 31, "Minnie Lake Reservoir" as ,
'S conveyed to John W. Erkenbeck by decd recorded in •
.1 Book 31, at Page 481, of the records of Weld County,
Colorado; and excepting a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty dead dated February •
2, 1903, and recorded in Book 207, at Page 37, of the
records of Wald County, Colorado; also excepting a
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February
8th, 1905, and recorded in Book 73, at Page 243, of
the records of Weld County, Colorado; and also excep-
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded
a..
in Book 73, at Page 242, of the records of Weld County, Colorado) , but togothor with all ditch and
water rights appertaining to said premises, including
21.9 shares of the capital stock of The Farmers
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of
the capital stock of The Runyan Lateral Ditch Company,
also all right, title and interest of the grantors in
and to a certain reservoir, priorities and water . .
• rights, known as the "Bill Reservoir", said reservoir
having priority No. 4, as of the first day of February •
,
1179! .-
w 4
•
Irrm r r n F 6 " ^
i MMa,F v"li It ;),:di 6 it, .
.. -
yen
•
2419225 B-1471 P-737 12/15/94 04:02P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder 10.00
WARRANTY DEED
kit24i9225
Grantor, HELEN Y. MCCARTY, county of Boulder, state of
Colorado, for the consideration of Ten Dollars ($10) , in hand
paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming
limited liability company, 6387 N. 107th Street, Longmont,
Colorado 80501, the following real property in the said county of
Weld, state of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
(Actual consideration less than $100)
also known by street and number as: Vacant land.
with all its appurtenances, and warrant the title to the same,
subject to 1994 real property taxes and subsequent years' taxes;
easements; rights-of-way;''s and reservations.
Signed this /l` day of December, 1994.
HELEN[V .AMC *
HELEN Y. CARTY
v
STATE OF COLORADO )
ss.
County of Larimer )
The foregoing instrument was subscribed and sworn to before
me this /.7' day of December, 1994, by HELEN Y. McCARTY.
4G• •TARY` HotarPubli
t NO ` mm ires:d17�6
My commis
sion e xp
y*e
*. f
ti •
i&a: PUBLIC rot
.nn.'
£7/c-t Er ( v 716tZa
2419225 8-1471 P-737 12/15/94 04:02P PG 2 OF 2
EXHIBIT "A"
The Southwest 4, the South I1 of the Northwest 4, the
Southwest 4 of the Northeast 4, the Northwest h of
the Southeast h and the South 4 of the Southeast h of
Section 30, and the Northwest 4 of Section 31, all in
Township 4 North, Range 67 West of the 6th P.M.,
containing in all 560 acres, more or less; (excepting
from said Section 31, "Minnie Lake Reservoir" as
conveyed to John W. Erkenbeck by deed recorded in
Book 31, at Page 481, of the records of Weld County,
Colorado; and excepting a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty deed dated February
2, 1903, and recorded in Book 207, at Page 37, of the
records of Weld County, Colorado; also excepting a
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February
8th, 1905, and recorded in Book 73, at Page 243, of
the records of Weld County, Colorado; and also excep-
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded
in Book 73, at Page 242, of the records of Weld
County, Colorado) ; but together with all ditch and
water rights appertaining to said premises, including
21.9 shares of the capital stock of The Farmers
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of •
the capital stock of The Bunyan Lateral Ditch Company,
also all right, title and interest of the grantors in
and to a certain reservoir, priorities and water
rights, known as the "Hill Reservoir", said reservoir
having priority No. 4, as of the first day of February,
1879; County of Weld, State of Colorado ;
Further together with 150 units of the Northern Colorado
Water Conservancy District.
IImii 11111 irniuitrnurn�iiv IIIui III 11111 IIII mm
•
2789m 08/2812000 10:4014 JA Sakirsukamoto
1 of 3 R 15.00 D 235.00 Weld County CO
WARRANTY DEED
THIS WARRANTY DEED(this teed")is made to be effective as of the !a%ay of August,2000 between HILL
LAKE. LLC,a Colorado limited lIabiity company('Grantor),and SHULTZ FARM, INC/("Grantee'),whose legal address
is/1e68-46-AvenurCfoolay,feterede-e%84-3i14,County of Weld,State of Colorado. *a Colorado corporation
21475 Weld County Road 19, Milliken, Colorado 80543
WITNESSETH, that Grantor, for TEN DOLLARS ($10.00) in hand paid, and for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,has granted,bargained,sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successor and assigns
forever,all the real property,together with improvements,if any,thereon,situate,lying and being located in the County of
Weld,State of Colorado,as legally descnbed on Exhibit A attached hereto(the'Property')'
TOGETHER WITH all and singular the hereditatments and appurtenances thereto belonging, or In anywise
appertaining,and the reversion and reversions, remainder and remainders,rents, issues and profits thereof,and all the
estate,right,title,interest,claim and demand whatsoever of Grantor,either to law or in equity,of,in,and to the Property;
TO HAVE AND TO HOLD the Property with the appurtenances unto Grantee,its heirs,successors and assigns
forever. Grantor, for itself and Ifs heirs, successors and assigns,does covenant,grant, bargain and agree to and with
Grantee, its heirs, successors and assigns, that tat the time of the execution and delivery of this Deed. Grantor is well
seized of the Property,has good,sure,perfect,absolute and indefeasible estate of Inheritance.in law,in fee simple,and
has good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever.except and subject to those exceptions set forth on
Exhibit S attached hereto.
Grantor will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of
Grantee, its heirs, successors and assigns, against et and every person or persons lawfully claiming the whole or any
part thereof.
IN WITNESS WHEREOF,Grantor has executed this Deed as of the date first set forth above.
HILL LAKE,LLC,
a Colorado limited liability company
By: Paulo Equities,LLC,
a Colorado Whited liability company,
Its Man r
• wars
thorized Signatory
STATE OF COLORADO
)ss.
COUNTY OF ADAMS ) 11.1.-
w, a }
The foregoing instrument was acknowledged before me this I day of tfy, 2000, by Paul W.
Powers, as Authorized Signatory for Pauls Equities, LLC, a Colorado limned lability company, as Manager of Hill Lake,
LLC,a Colorado limited liability company.
`\.• d and official seal.
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BNN(�,egg Notary Public
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WARRANTY DEED
912- MIS D®, made m4 255 day of April, 2000, between LAKE FARM, U.C. *Wyoming
limited liability may, caramel, and HILL LAKE, LLC, a Colorado limited liability may,
whose legal addeeea is 3950 Lewiston Street,1101,Aurora,Colorado 80011,the County of Arapahoe,
State of Colorado('Cxmtee').
Wyf1N8Rt,Sat the Grantor, for ad an camideradon of good and valuable consideration
and TEN DOLLARS ($10), the receipt and sufficiency of which is hereby acknowledged,has granted,
bargained,sold,and conveyed,and by these presence does grant,bargain,sell,convey,and confirm unto
the G110 00,is heirs,successors,and assigns forever,all the real property,together with improvements,
if any,situate,lying,and being in the County of Weld,See of Colorado,described as%lows:
The Southwst one-quarter(SW I/4);
lbe South one-half(S1/2)of due Northwest onequrter(NW 1/4);
The Southwest roe-quarter(SW 114)of the Northeast one-quarter(NE1/4);
The Noetlrviest one-quarter(NW I/4)of the Southeast one-Warta(SE1/4);
and the South one-half(S12)of the Southeast oeerpa ier(SE1/4)of Section 30;
end the Northwest one-quarter(NW I/4)of Section 31;
All in Township 4 North, Range 67 West of the 6th P.M.,EXCzET tom Section 31
'Minnie Lake Reservoir'a conveyed to John W.Erkeabeck by deed recorded in Book
31, at Page 481,of the reads of Weld County, Colorado; a tract of land containing
eppraximady 7.4 acres conveyed to John A.Hewitt and Charley A.Hewitt by warranty
deed dated Peery 2, 1903,at recorded in Book 207, et Page 37, of the records of
Weld Catty, Colorado; and a strip or parcel of land conveyed so The Northern
Construction Company by warranty deed dated February 8, 1905,and recorded is Book
73, at Page 242, mid strip or prod of land conveyed to The Northern Compaction
Company by warranty deed dated January 18, 1906, end recorded in Book 73, at Page
241,all in the records of Weld County,Colorado(Great Western tracts).
TOGETHER with all aid singular the hereditameits and appurtenances thereto belonging,or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Sues, and
profit thereof, and a0 the estate, right, title, interest, claim, at demand whatsoever of the Grantor,
either in law or in equity, of, in, and to the abavebrgained premiss, with the beredkameas and
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances unto the Grants,its belts,successors,and assigns forever.And the Grantor,for itself and
its heirs and assigns, does covenant, grant, bargain, sad agree to and with the Grantee, its heirs,
successors, and snips,that a the time of the enraging and delivery of these presents, Grantor is well
seized of the premises above conveyed, ha good, sure, perfect, absolute, and indefeasible state of
inheritance, in law, in fee simple, and has god right, fall power, and authority to gram,bargain,sell,
and convey the same in manner and form a 'forward, and that the sense are free and dear from all
former and other grant, bargains, sales, liee, axa, aossmcat, encumbrances, aid restrictions of
whatever kind or nee seer,except and subject to exceptions sal forth on Exhibit"A" attached hereto
and incorporated herein by reference;and real property taxes for the year 2000 at subsequent years.
The Orator will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of der Grantee, its heirs,successors, and assigns, against all at every
person or persons lawfully claiming the whole or any pat thereof.
IN WITNESS WHEREOF,the Grantor has executed this Deed on the date set forth above.
LAKE FARM,LLC,a Wyoming limited
liability company //
By
��
MARY'HELL�N REED,Member
II JIM1111111MJIll IIIII II IIIIIIIIIII •
2783862 01/26/2000 12:0/P JA Said Taukemote
2 of 3 R 16.00 0 360.00 Weld Coualy CO
STATE OF COLORADO )
is.
COUNTY OF LARIMER )
z4nt
The foregoing instrument was subscribed,sworn to,and aclmowledged before me this.day of
April, 2000, by MARY HELEN REED, member of Lake Farm, LW, a Wyoming limited liability
company.
Witness my hand and official seal.
M commission expires: 2)7)01- .
NOTARY4 N�
s:PUBLIC
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'Na...-
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III MEMO MINOR •
2763002 0412612000 1Lt4P JA Bald liniments
3 of 3 R 15.00 D 360.00 WeW Cants CO
EXHIBIT"A"
1.. Reservation(s) as contained in Patent recorded November 8, 1881, in
Book 20 at Page 357. Said reservation(s) being as follows: "All
'Mineral Lands' should be found to exist in the tracts described in the
foregoing, but this exclusion and exception according to the terms of
the stature shall not be construed to include coal and iron land.'
2; The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
the United States Patent recorded January 16, 1883 in Book 34 at Page
114, and any and all assignments thereof or interests therein.
3. An easement for telephone and telegraph lines and incidental purposes granted to
American Telephone and Telegraph by the instrument recorded December 24, 1927 in
Book 833 at Page 431.
4. An easement for electric power lines and incidental purposes granted to Colorado
Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at
Page 442.
5. An easement for communication facilities and incidental purposes granted to American
Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at
Page 516.
6. An easement for a pipeline and incidental purposes granted to Sinclair Pipeline
Company by the instrument recorded June 26, 1963 in Book 1651 at Page 16.
7.- Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded
August 6, 1974 at Reception No. 1641907.
8. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1984 at
Reception No. 1954168 and April 12, 1985 at Reception No. 2005573
9. An easement for pipeline and incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded July 24, 1989 at Reception No. 2186144.
10. Oil and Gas Leases Recorded:
June 26, 1964 at Reception Nos. 1439378 and 1439379.
December 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786
February 4, 1980 at Reception No. 1816043
11. Right-of-way and Surface Damage Agreement dated November 9, 1984,between Lake
Farm,a general partnership,and Shepler&Thomas,lie.,pertaining to oil and gas wells
in Sections 30 and 31,Township 4 North,Range 67 Weat,6th P.M.
12. Farm contract with Don Seewald dated November 24,1998,as amended and extended on
March 21,2000.
13. Oral month-to-month lease of the home at 19134 WCR 13,Johnstown,Colorado.
14. Boundary line discrepancies,conflicts in boundary lines,shortage in area and
encroachments as shown on the boundary and improvement survey prepared by CR.
Moore Land Surveying dated April 16,2000.
15. Right of way for Farmers Extension Ditch as shown on Survey No.41-00 dated 4-10-00
by C.R.Moore Land Surveying
16. All oil, gas and other'minerals are a severed interest and are excepted as
described in deeds recorded January 26, 1984 at Reception No. 1954168
and April 12. 1985 at Reception No. 2005573.
11111111111 UIR III eh HE EEE nut l{ii 1111 •
2886279 09/21/2001 1021A JA Suki Ttukamoto
1 of 1 R 5.00 0 14.00 Weld County CO
278 WARRANTY DEED
THIS DEED, Made this 22nd day of August, 2001 between
Shultz Farm, Inc., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Buck D. Graybill, Jr. and Karen L. Graybill
whose legal address is 1012 North 4th Street, Johnstown, Colorado 80534
of the County of Weld and State of Colorado, grantees:
WITNESSETH: That the grantor, for and in consideration of the sum of ONE HUNDRED
FORTY THOUSAND AND 00/100, ($140,000.00) Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convoy and confirm, unto the grantee, not in
tenancy Sn co®oa but in joint tenancy, the survivor of thee, their assigns and the
heirs and assigns of such survivor forever, all the real property together with
(r� improvements, if any, situate,lying and being in the County of Weld and State of
\ Colorado, described as follows:
}4 Il - Lot A of Recorded Exemption No. 1059-30-4-RE-2041, recorded August 14, 2001 as
� Reception No. 2874409, being a part of Section 30, Township 4 North, Range 67 West of
the 6th P.M., County of Weld, State of Colorado.
also known by street and number as TBD„, Colorado
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, the survivor of them, their assigns, and the heirs
and assigns of such survivor forever. And the grantor, for itself, its successors and
assigns, does covenant, grant, bargain, and agree to and with the grantees, the
survivor of them, their assigns and the heirs end assigns of such survivor, that at
the time of the ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all forcer and other grants,
bargains, sales, liens, taxes, assesments, encumbrances and restrictions of whatever
kind or nature soever, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, the survivor of them, their
heirs and the heirs and assigns of such survivor, against all and every person or
persons lawfully claiming or to claim the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its President, and its corporate seal to be hereunto affixed,
the day and year first above written.
Shultz Farm, Inc., a Colorado
corporation
/� d1�
BY/WPM,/?A
teven E. Shultz, PresidenGt
STATE OF COLORADO )
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 22nd day of August, 2001, by
Steven E. Shultz as President of Shultz Farm, Inc., a Colorado corporation
My commission hn expires November al. 2001 ® 1 7
witnessss hand and official seal.
011Y poi , NOTARY PUBLIC
+r 1�C• i, 1295 Main St.
No. 929. Rev. 7-84 " Windsor, COLORADO 80550
DARELLA L.
BLOCH
/Wpm:
• •
Todd Hodges Design, LLC
Soil Survey of Weld County, Colorado excerpt (Southern Portion)
Published by the United States Department of Agriculture
Soil Conservation Service
In Cooperation with Colorado Agricultural Experiment Station
Issued September 1980
Soil Classification #41: Nunn Clay Loam, 0 to 1 percent slopes
41—Nunn clay loamy 0 to 1 percent slopes. This is a have good survival are Rocky Mountain juniper, eastern
deep, well drained soil on terraces and smooth plains at redcedar,ponderosa pine,Siberian elm, Russian-olive, and
elevations of 4,550 to 5,150 feet. It formed in mixed allu- hackberry. The shrubs best suited are skunkbush sumac,
vium and eolian deposits. Included in mapping are small, lilac,Siberian peashrub,and American plum.
long and narrow areas of sand and gravel deposits and Wildlife is an important secondary use of this soil. The
small areas of soils that are subject to occasional flooding. cropland areas provide favorable habitat for ring-necked
Some small leveled areas are also included. pheasant and mourning dove. Many nongame species can
Typically the surface layer of this Nunn soil is grayish be attracted by establishing areas for nesting and escape
brown clay loam about 9 inches thick.The subsoil is light cover. For pheasants, undisturbed nesting cover is essen-
brownish gray clay loam about 14 inches thick.The upper tial and should be included in plans for habitat develop-
part of the substratum is clay loam. The lower part to a meat,especially in areas of intensive agriculture.
depth of 60 inches is sandy loam. This soil has fair to poor potential for urban develop-
Permeability is moderately slow. Available water ment. It has moderate to high shrink swell, low strength,
capacity is high. The effective rooting depth is 60 inches and moderately slow permeability. These features create
or more. Surface runoff is slow,and the erosion hazard is problems in dwelling and road construction. Those areas
low. that have loam or sandy loam in the lower part of the
This soil is used almost entirely for irrigated crops. It substratum are suitable for septic tank absorption fields
is suited to all crops commonly grown in the area, includ- and foundations. Some areas of this soil are adjacent to
ing corn,sugar beets, beans,alfalfa, small grain, potatoes, streams and are subject to occasional flooding.The poten-
and onions. An example of a suitable cropping system is 8 tial is fair for such recreational development as camp and
to 4 years of alfalfa followed by corn, corn for silage, picnic areas and playgrounds.Capability class I irrigated.
sugar beets, small grain, or beans. Few conservation prac-
tices are needed to maintain top yields.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common. Barnyard manure and com-
mercial fertilizer are needed for top yields.
Windbreaks and environmental plantings of trees and
shrubs commonly grown in the area are generally well
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as
possible following planting.Trees that are best suited and
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • las:: (561)828-8059
email: toddhodgesdesign(a)eardzlink.net
•
Todd Hodges Design, LLC
•
Soil Survey of Weld County, Colorado excerpt (Southern Portion)
Published by the United States Department of Agriculture
Soil Conservation Service
In Cooperation with Colorado Agricultural Experiment Station
Issued September 1980
Soil Classification #42: Nunn Clay Loam, 1 to 3 percent slopes
42—Nunn clay loam, 1 to 3 percent slopes. This is a The potential native vegetation is dominated by
deep, well drained soil on terraces and smooth plains at western wheatgrass and blue gram& Buffalograss is also
elevations of 4,550 to 5,150 feet. It formed in mixed allu- present. Potential production ranges from 1,000 pounds
vium and eolian deposits. Included in mapping are small, per acre in favorable years to 600 pounds in unfavorable
long and narrow areas of sand and gravel deposits and years. As range condition deteriorates, a blue graina-buf-
small areas of soils that are subject to occasional flooding. faingrass sod forms. Undesirable weeds and annuals in-
Sonic leveled areas are also included. vale the site as range condition becomes poorer.
Typically the surface layer of this Nunn soil is grayish Management of vegetation of this soil should he based
brown clay loam aoout 9 inches thick.The subsoil is light on taking half and leaving half of the total annual produc-
brownish gray clay loam about 14 inches thick The upper tion. Range pitting can help in reducing runoff. Seeding is
part of the substratum is light brownish gray clay loam. desirable if the range is in poor condition. Western
The lower part to a depth of 60 inches is brown sandy wheatgrass, blue grams,sideoata grams, buffalograss,pu-
loam bescent wheatgrass, and crested wheatgrass are suitable
Permeability is moderately slow. Available water for seeding. The grass selected should meet the seasonal
capacity is high. The effective rooting depth is 60 inches requirements of livestock. It can be seeded into a glean,
firm sorghum stubble, or it can be drilled into a firm
or more. Surface runoff is medium, and the erosion
hazard is low. prepared seedbed. Seeding early in spring has proven
In irrigated areas this soil is suited to all crops corn- and environmental plantings are generally
most successful.
monly grown in the area, including corn, sugar beets,
beans, alfalfa, small grain,potatoes, and onions. An exam- well suited to this soil. Cultivation to control competing
pole of a suitable cropping system is 3 to 4 years of alfalfa vegetation should be continued for as many years as
followed by corn, corn for silage, sugar beets, small grain, possible following planting.Trees that are best suited and
have good survival are Rocky Mountain juniper, eastern
or beans. Generally such characteristics as the high clay redcedar, ponderosa pine,Siberian elm, Russiansdive, and
content or the rapidly permeable substratum slightly hackberry. The shrubs best suited are skunkbush sumac,
restrict some crops.
All methods of irrigation are suitable, but furrow ir- lilac,Siberian peashrub,and American plum.
rigation is the most common. Proper irrigation water Wlanil a is an important favorable
secondary use of this soil. The
cropland areas provide favorable habitat for ring-necked
management is essential. Barnyard manure and canner- pheasant and mourning dove. Many nongame species can
cial fertilizer are needed for top yields. be attracted by establishing areas for nesting and escape
In nonirrigated areas most of the acreage is in small cover. For pheasants, undisturbed nesting cover is essen-
grain and it is summer fallowed in alternate years. tial and should be included in plans for habitat develop-
Winter wheat is the principal crop. The predicted average ment, especially in areas of intensive agriculture. Range-
yield is 33 bushels per acre. If the crop is winterkilled, land wildlife. for example,the pronghorn antelope,can be
spring wheat can be seeded. Generally precipitation is too attracted by developing livestock watering facilities,
low for beneficial use of fertilizer. managing livestock grazing,and reseeding where needed.
Stubble mulch farming, stripxropping, and minimum til- This sail has fair to poor potential for urban develop-
loge are needed to control soil blowing and water erosion. men t. It has malcrate to high shrink swell, low strength.
and moderately slow permeability. These features create
problems in dwelling and road construction. Those areas
that have loam or sandy loam in the lower part of the
substratum are suitable for septic tank absorption fields
and foundations. Some areas of this soil are adjacent to
streams and are subject to occasional flooding.The poten-
tial is fair for such recreational development as camp and
picnic areas and playgrounds. Capability subclass Ile ir-
rigated.IIIc nonirrigated;Clayey Plains range site.
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
enufil: toddlfodgesdesign(aearthlin/c.net
LITTLE TIDOMPSON WATER DISAICT
DIRECTORS. Telephone(870)532-2008
835 E.Highway 55
TornAviator& D,,war G
ra
,e, ,July 24, 2000 Drmw Colorado 00513
gat Gamayrt
Corn N Caron CareArnim
J Stroh M
Juner W Stroh
MANAGER:
ilirhwt H H ~at
Steve Shultz
21475 WCR 19
Milliken, CO 80543
Dear Mr. Shultz :
This letter is in response to your request fnr a water service
commitment for up to 10 additional residential lots, in the
proposed subdivision described as follows:
PORTIONS OF SEC.30,aad li.-W. 1/4, SSC.31 T4N, R67W, Weld County, CO
Along WCR 42 @ WCR 13
The District prcvides water service within its service area as
defined by the District . The provision of water service by
extension of_ exi.stirg water lines of the District to the above
property and the installation of taps for lots ip done under the
terms of the Rules al_ Regulations of the District established by
the Board of the Di.Strirt from time to time. You may obtain a copy
of the Rules- and Regulations from the District . This letter
outlin - the provisions of the P.i.lec And Regulations, however this
letter does not chance- any proviainns of the Rules and Regulations.
The Board of the ristrict may alter and amend the Rules and
Regulations at any time, and the proviginns of this letter are
subject to alteLatian and amendment based -on changes in the Rules
and Regulations of the District .
We currently hare -a 6" Dia_ wafer line located along WCR 13 to
WCR 42 with additional capacity available Therefore, we can commit
to provide servie to the above property, subject to the
limitations in this letter, for one standard residential 5/8" X
3/4" water tap per lot ; and the following additional limitations on
the provision of water service are:
1. In August of 1993 the J,ittle Thompson Board implemented
a "system impac'_" fee of $1050 per lot for all lots to be
added- to the-system. This, is due upon completion of the main
nee extension agreement.
2 . All improvements to niatrirt facilities required to
provide service will be the financial responsibility of the
developer in accordance with the niatrjct Rules and
Regulations. All improvements must conform to District
Specifications.
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for each lot in the
commitment . The cost Uf this water is subject to rebate from
the tap fees pad from the development .
4. The- installation of a fire hydrant requires payment of a
$2, 000 fire hyirant fie prior to final approval of the
subdivisions lines. You will ba responsible for any
improvements needed to meet the regnired fire flows in your
subdivision.
vide the re iirp
5 . In order tc rov d flows to the subdivision
� cP
you will be- required to install a minimum 6" Dia . Water line
from The intersection of NCR 13 .and WfR 42 South through your
proposed subdivision. You may need to averajze this line and
/or loop the line back to the main supply to meet any fire
flow needs that the fire district requires .
6 . You will be required to provide the needed water lines in
the proposed suodivision
7 . The design, installation and total cost of the project
will be the responsibility of the developer.
It is- possible_ that some of the required water lines and
system improvements ray be regiiirpri, hvilt or are being designed by
other developers- in the same area If they are in place when you
need them then you may be able to etili-w them to serve your
development ( subject to the District rebate policy) . It would be
wise to work with tfe other developer-s in the area to ensure that
the water lines installed- would be sized to meet the needs of both
developments to reduce the amount of duplication an minimize future
water line replacement .
The rules and regulation& regarding Developers transfer of
water rights and pm.chase of taps is changing_ The new policy
requires the developer to transfer the- water shares and then to pay
for the rest of the tap fee as the water lines are put in service .
The developer then has the taps to sell with the- lots at the price
that he sets . The rebate of water rights is eliminated. The
transition from the old policy to the new policy allows you to
utilize the old policy until 1-October-2000 . You will need to
execute a main line extension agreement and transfer the water by
1-October-2000 to ut:_lize the old policy for this development .
"This eommitmuL letter will expire one yPar from the date of
this letter if the taps have- not been purrhacPd, paid for and
installed by that date of expiration. The -current fee for the
domestic 5/8" X 3/4" tap is $16, 000-. YOU ARE REHEBY ADVISED THAT
THE_ RULES: REGULATIO:AS AND TARIFFS -OF -THE LISTKICT ARE SUBJECT TO
CHANGE WITHOUT NOTrr1; _AND THIS LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION TEAT TIM- DISTRICT MAY_ CHANGE-TER RULES( REGULATIONS AND
TARIFFS APPLICABLE TO TEE ABOVE-rxOraxla AT ANT ITIME WITHOUT NOTICE
TO YQU OR ANY PERSON.
If you have questions, please contact me .
Regards,
Michael T. Cook P.E.
District Engineer
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
PHONE (970) 304-6415 FAX (970) 304-6411
Permit #: SP-0100488 Sec/Twn/Rng:30 04 67 Finaiec
Owner: tGRAYBILL BUCK JR Status: ISSUED
Applicant: GRAYBILL BUCK JR Applied: 07/09/2001
Issued
Permit Type: RNEW C=Commercial, R=Residential + NEW, REPair, VauLT Finale: 09/18/2001
Parcel #: 1059-30-0-00-005Finale:
l l�'
Location: CR 15 & CR 40 30 04 67 / 9/ 3 /
Legal Description: 22468 S2NW4/SW4/SW4N E4 30 4 67 & NW4SE4/
S2SE4 (6R 4D 8RR 15R
Installer:
Description: HOUSE
Commercial: N Residential:Y
Acres: 10
# of Persons: 4 Basement Plumbing: Y
# of Bedrooms: 4 Bathrooms - Full: 3 3/4: 0 1/2: 1
Water Public: Y Water Source: LITTLE THOMPSON
Water Private: N Cistern: N Well: N Well Permit #:
Percolation Rate: 30 Limiting Zone: 8 ft 0 in Description:
% Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y
Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N
Minimum Installation
Septic Tank: 1250 gallons Absorption Trench: 1000 square feet Chambers
or Absorption Bed: 1300 square feet
Actual Installation
Septic Tank: _Inc., gallons Absorption Trench:
Absorption Bed: i square feet
Design Type: a R `itlo square feet
The issuance of imply NOTICE
permit does not compliance co liance with other state, county or local regulatory or building requirements, nor
shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted
persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for
issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2).
This permit is not transferable The Weld County Department of Public Health and Environment reserves the right to impose
additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon
the final inspection of the completed system by the Weld County Department of Public Health and Environment.
X If—/--O/
Form:S_FINAL Enyhonniental Health Specialist Date
Todd Hodges Design, LLC
Soil Survey of Weld County, Colorado excerpt (Southern Portion)
Published by the United States Department of Agriculture
Soil Conservation Service
In Cooperation with Colorado Agricultural Experiment Station
Issued September 1980
Soil Classification #41: Nunn Clay Loam, 0 to 1 percent slopes
41—Nunn clay loam, 0 to 1 percent slopes. This is a have good survival are Rocky Mountain juniper, eastern
deep, well drained soil on terraces and smooth plains at redeedar,ponderosa pine,Siberian elm, Russian-olive,and
elevations of 4,550 to 5,160 feet. It formed in mixed allu- hackberry. The shrubs best suited are skunkbush sumac,
vium and eolimi deposits. Included in mapping are small, lilac,Siberian peashrub,and American plum.
long and narrow areas of sand and gravel deposits and Wildlife is an important secondary use of this soil. The
small areas of soils that arc subject to occasional flooding. cropland areas provide favorable habitat for ring-necked
Some small leveled areas are also included. pheasant and mourning dove. Many nongame species can
Typically the surface layer of this Nunn soil is grayish be attracted by establishing areas for nesting and escape
brown clay loam about 9 inches thick.The subsoil is light cover. For pheasants, undisturbed nesting rover is essen-
brownish gray clay loam about 14 inches thick.The upper tial and should be included in plans for habitat develop-
part of the substratum is clay loam. The lower part to a treat,especially in areas of intensive agriculture.
depth of 60 inches is sandy loam. This soil has fair to poor potential for urban develop-
Permeability is moderately slow. A vailable water sent. It has moderate to high shrink swell, low strength,
capacity is high. The effective rooting depth is 60 inches and moderately slow permeability. These features create
or more. Surface runoff is slow,and the erosion hazard is problems in dwelling and road construction. Those areas
low, that have loam or sandy loam in the lower part of the
This soil is used almost entirely fur irrigated crops. It substratum are suitable for septic tank absorption fields
is suited to all crops commonly grown in the area, includ- and foundations, Some areas of this soil are adjacent to
ing corn,sugar beets.beans,alfalfa, small grain, potatoes, streams and are subject to occasional flooding.The poten-
and onions. An example of a suitable cropping system is 3 tial is fair for such recreational development as camp and
to 4 years of alfalfa followed by corn, corn for silage, picnic areas and playgrounds.Capability class I irrigated.
sugar beets, small grain, or beans. Few conservation prac-
tices are needed to maintain top yields.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common. Barnyard manure and com-
mercial fertilizer are needed for top yields.
Windbreaks and environmental plantings of trees and
shrubs commonly grown in the area are generally well
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as
possible following planting.Trees that are best suited and
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign(a)earthlink.net
Todd Hodges•
TDesign, LLC
Soil Survey of Weld County, Colorado excerpt (Southern Portion)
Published by the United States Department of Agriculture
Soil Conservation Service
In Cooperation with Colorado Agricultural Experiment Station
Issued September 1980
Soil Classification #42: Nunn Clay Loam, 1 to 3 percent slopes
42.—Nunn clay loam, 1 to 3 percent slopes. This is a The potential native vegetation is dominated by
deep, well drained soil on terraces and smooth plains at western wheatgraaa and blue grams. Iluffalograss is also
elevations of 4,550 to 5,150 feet. It formed in mixed allu- present. Potential production ranges from 1,000 pounds
vium and eolian deposits. Included in mapping are small, per acre in favorable years to 600 pounds in unfavorable
long and narrow areas of sand and gravel deposits and years. As range condition deteriorates, a blue grama-but
small areas of soils that are subject. to occasional Bursting. falograss sod forms. Undesirable weeds and annuals im
Sulne leveled areas are also included. wade the site as range condition becomes poorer.
Typically the surface layer of this Nunn soil is grayish Management of vegetation of this soil should be based
brown clay loam aobut 9 inches thick. The subsoil is light on taking half and leaving half of the total annual prsluc-
brownish gray clay loam about 14 inches thick.The upper tion. Range pitting can help in reducing runoff. Seeding is
part of the substratum is light brownish gray clay loam. desirable if the range is in parr condition. Western
The lower part to a depth of 60 inches is brown sandy wheatgrass, blue grama, sideman grama, buffalograss, pu-
loam bescent wheatgnee, and crested wheatgrass are suitable
Permeability is moderately slow. Available water for seeding. The grass selected should meet the seasonal
capacity is high. The effective rooting depth is 60 inches requirements of livestock. It can be seeded into a clean,
or more. Surface runoff is medium, and the erosion firm sorghum stubble, or it can be drilled into a firm
hazard is low. prepared seedbed. Seeding early in spring has proven
In irrigated areas this soil is suited to all crops con-
Windbreaks and environmental plantings are generally
most successful.
rnonly grown in Lhe area, including corn, sugar beets,
ng
beans, alfalfa,small grain,potatoes, and onions. An exam- well suited to this soil. Cultivation to control cyears as
plc of a suitable cropping system is 3 to 4 years of alfalfa vegetation should be continued for as many seen: as
possible following planting.Trees that are best suited and
followed by corn,corn for silage, sugar heed, small grain, have good survival are Rocky Mountain juniper, eastern
nr beans. Generally such characteristics as the high clay redcedar, ponderosa pine,Siberian elm, Russian-dive, and
content ol. or the rapidly permeable substratum slightly hackberry. The shrubs bast suit-.l are skunkbush sumac.
restrict some crops.
All methods of irrigation are suitable, but furrow ir- lilac,Siberian peasbr important and American plum.
rigation is the most common. Proper irrigation watercrop Wland is an ovid favorablesecond habitatry use of this soil. The
management is essential. Barnyard manure and commer- phew and areas provide for ring-necked
pheasant and mourning dove. Many nongame species can
cial fertilizer are needed for top yields. be attracted by establishing areas for nesting and escape
In nonirrigated areas most of the acreage is in small cover. For pheasants, undisturbed nesting rover is easca-
grain and it is summer (allowed in alternate years. tial and should be included in plans for habitat develop-
Winter wheat is the principal crop. The predicted average ment, especially in areas of intensive agriculture. Range-
yield is 33 bushels per acre. If the crop is winterkilled, land wildlife, for example, the pronghorn antelope,can be
spring wheat can be seeded. Generally precipitation is too attracted by developing livestock watering facilities,
low for beneficial use of fertilizer. managing livestock grazing,
g,: or where needed.
Stubble mulch farming, etriperopping, and minimum tit- This soil has fair to poor potential for urban develop-
lage ant needed to control soil blowing and water erosion. merit. It, has moderate to high .shrink sw,II, low strength.
and moderately slow permeability. These features create
problems in dwelling and road construction. Those areas
that have loam or sandy loam in the lower part of the
substratum are suitable for septic tank absorption fields
and foundations. Sonic areas of this soil are adjacent to
streams and are subject to occasional flooding.The poten-
tial is fair for such recreational development as camp and
picnic areas and playgrounds. Capability subclass Ile ir-
rigated,1Ilc nonirrigated;Clayey Plains range site.
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • far: (561)828-8059
enutil. toddhodgresdesigrn(aeartldinknet
11111 OMEN III I�IfI flf Illnl ill till 1111
2789777 08/28/2000 10.40A JA Sub Tabmoto
2 of 3 R 15.00 D 236.00 Weld County CO
EXHIBIT A
Lepal Desoripdon
THE SW 1/4;
THE S 1/2 OF THE NW 1/4;
THE SW 1/4 OF THE NE 1/4;
THE NW 1/4 OF THE SE 1/4;
AND THE S 1/2 OF THE SE 1/4 OF SECTION 30;
AND THE NW 1/4 OF SECTION 31;
ALL IN TOWNSHIP 4 NORTH RANGE 67 WEST OF THE 6TH PM
COUNTY OF WELD
STATE OF COLORADO
=WEPT
MINNIS LAKE RESERVOIR (BOOK 31 PAGE 481);
TRACT CONVEYED IN BOOK 207 PAGE 37 (HEWITT RESERVOIR),
AND PARCELS CONVEYED TO NORTHERN CONSTRUCTION COMPANY (GREAT WESTERN TRACTS) IN BOOK 73 AT
PAGES 241 AND 242
Report Date: 07/15/2002 09:23AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
• SCHEDULE NO: R4644386
ASSESSED TO:
SHULTZ FARM INC
21475 WELD CO RD 19
MILLIKEN, CO 80543
LEGAL DESCRIPTION:
22468 S2NW4/SW4/SW4NE4 30 4 67& NW4SE4/S2SE4 (6R 4D 8RR 15RES 6S) SITUS: 19134 13 CR
WELD
PARCEL: 105930000005 SITUS ADD: 19134 13 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 4,868.98 0.00 0.00 4,868.98 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 07/15/2002 0.00
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2369-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 1,416.11 AGRICULTURAL L 163,785 47,500
SCHOOL DIST RE5J 32.523 2,240.18 AGRICULTURAL B 6,138 1,780
NCW WATER 1.000 68.88 AGRICULTURAL R 214,218 19,600
SVW WATER 0.258 17.77
LTW WATER 0.000 0.00 TOTAL 384,141 68,880
JOHNSTOWN FIRE 6.479 446.27
AIMS JUNIOR COL 6.620 455.98
WELD LIBRARY 3.249 223.79
70.688 4,868.98 - TAXES FOR 2001
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
WEJLAD COUNTY TREASURIR
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.
(S—
Signed‘... I Date 7 ( �
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