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Home My WebLink About20050206.tiff 1.-- °°s 1275401041072005 02.40P Weld County. °°°�� RECORDED EXEMPTION No. 1061RE-3983 -L VOTES. ,of 1 R 11.00 0 0.00 Steve Moreno Clerk 6 RecoNer -5-2 R E-3 9 8 3 Basis of Bearings: The West line of the Northwest Quarter of BEING THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., Sectior 5, Township 4 North. Range 68 West os manomer•ted by COUNTY OF WELD, STATE OF COLORADO. N.1/4 Corner this survey is assumed to bear NO3'0T48"W. Sec. 5-4-68- _ unit '!2"rebor (:en tr ucknown with '"diameter red clash,: f do3 J '5"R6aw\ N.I 4 Corner -�»> i—�, Found No.6¢sear PROPERTY DESCRIPTION: 9 ) -/ NW Corner / \ / ;:engN 1/2 3n) /.Pp' r'SN R68W cop marked LS 30462. (unless otherwise noted; ,sl+•TSn R6Bw'P Sec. 5-4-68 f 1/4 532 •1 Sec, 5-4-68 n c 3 with 2-1/2"Dia / 532 Flu Marked The Mr,'4 a`Seek-RI 5,`ownahia 4 Vorth,Range 68 Wes:or the Sth P.V., Welts'County. / j J2 ,. Found Na 6 Rector(length S5 I Found No.6 Reber/ength - I ,, Shown Comrade. - let I/2" rebaY (,6"Long) with " diameter red plastic I• ,4 S5 ` As Alum n at Left: 655 CC unknown)with 3-'.43 Dia. '4N R68W unknown)with 2-1/2"Dia, _ rap r^.arked LS 30462, (unless Otherwise noted) l Nun.Cap in Monument to o \ Mum.Cap Marked An -�,r 1 T4N R68W —Found No.4 Reoar(length Said parcel contains 156.86 Acres,more or less,and s Oct to all existlnq easements and/or rah R68w marked As Shown Below: • COLORADO STATE HWY#60 \ 2000 2 5 FF \ 0 9 h Rights a'way f ecord. ,w Indicates change in bearing ar distance. No monument set '� 1994 i .°••---___----337, Shown at Lek j unknown)m 314 n a (WCR #50) �— ` tilt me y N t \ zooD6 i E.iatin9 State Hwy Row or `ound per cl.ents request. — — I, �r 4.._«s' 4„_<ss'A S$9'42.21"E I —Fond No.•Rector:length -S89'54'21"E- -1898.83' - - - - - -750.45`— —t — — "°w")"I 1°°'°'" PROPERTY OWNER'S CERTIFICATE Ems! c Approximate location existing access as noted on plen �� t - - p0- 00y ROW a — {— — ----m 30.03' _ State N0 for inesonly per 'Wej,the mdersigned,Being:he sole owners n fee of the above described property do hereby No turner easement and/Or rght of way research, other than • � _ - -=- - —- p�b - 3----�$ -__• rS subdivide h the s °show n he attached map. I(We)mdentond the propary is located in show, ;r this Map, was requested by the client or performed I I I p„,m T I I± - 1�. PLAT NOTES (Department of Planning Services)- Zane r reds see by nterm l'. Lard Survey'ng, Ira for •h•s survey Easements and •_ I i q n d < I I App,N- 'e 1 z}' I - - n Agrc accessory es esl:,.manes also rtal ed to provide a c-me:onduct of never , "phis of way. if Shown taker tram existing •foal pi0ts, known ..';.T�, -. ,. E <or J<a 3 - 4y,t- W a t 'a - ..prax L._ - Y right,accessory uses and ues9 by special rev b a •nrnrmdtan and documents arovlded '.o Irtermdl Land Surve- 3 4 .Bc p4 _ - _,,,i,TF- p I y carter 0 wide E ar nten "' O d t ,] 4ure-, -.e Lp s Twin e V'ew Estates.LLC Y'n9. lI1 r 3e.ep.,n'K i �-1 > 9 ,Bcp4 - na. by the Merl I II I 'an=s O g - ,(.n ,I pie•sect on No 29304to d sng 7• I a ▪ ,, Recorded Auaust 985. N y ' 6U 00' Foot Easemen.. i i0 nth Side of Centerline) in ig o • - 300 179 x ze ] d3romoelsess / - granted to I I '( de ' Na )2013935 .a,,.., p o¢ g8 yL��'i.L.—� w.aa..,.r..� -."1„,•;„vl(•.,, RA The Consolidated Home Supply Dtrh and Reservoir Company dnd tom"/ t d north o . ' ;„ n l 1 ,] al .d Stephen[f3ra vise ae Manager ��` the Handy Ditch Company December 27, 1965 at Book 557 at I I r x.s T I d I 102 nor rwn aw Eata7es.1C Reception Na 1478663 n whrc'• Fwact _pinata, s Undefined. F _.0 0' 4 1642 '1 p P , •:],se r terms )•'"'33-3-" I 0,carve rna ertacatwn was acknowledged before me(his 1SZ d"vn or p Yo •53 a w : 'Fie Recorded Exemption ono remain rig property are suo)ect =s-� I i _ a r a ,e M StetF�a.. A 3•20 a5 • to a Surface Use Agreement doted June 30, 2004. °etwee^ • - - _ I. p 'Nen4 a0p0 a,R•ecc.p an No. 4 \. r-s ,des , �,s -o'er <,c -e .]r 7 My.ernmrsaon Expires: 4•,J• IOO S 3' irr,irrigation Two Jew Estates, LLC and Magpie Operating. Inc. 2707 I �—Dedicated w wan this Easement Plat / -- _ -.tn°r° "'r' 'd n7 Pe �'�� (i, — South County Road 1' Loveland, Colorado. ,s eu p , cowry Aim', y / - 6 ] >qe • -,<. ,. W;enees mr,+and and Seal • 30' Joint Access and Utility Easement for the Benefit of Lot Z I \ ,t Lot B, and I D. Also for Od/Gas. AgPcultural and O I \ I 4. t n r ew.,5 oa• . ..er't, . ,•e]"n •yc. ]ese; rrgatan Access. W I \ �an� EASEMENT CERTIFICATE: \ \ � •^ a C 'We)do hereby dedicate.(or,he bereft,of the propery,(es)shown or descr bed hereon. 10 Client: -win B ew Estates. LLC O I I • d 3 e deems,s or the purpose mown or described hereon c/o Burt kross A - �9,� _— • . \• p d 9 rret,r ,u^'eer d Li) rot Fort Slant, 0 R80 5204 I N \R\ _ ' r Twin view Estates.LLC Fort Collins, CO 80525 \ __ _ �di -� _ IJ s h e t'haler C O II AI V„� — ` --"--- N.,... ? n]Da' _ 1 /•-r._1. -; :..U•w.,,/ Wa..'.�...- 50 0' Gas Easement e N - -per Rec. No. 1891642 N I \ Ol d hos Tw n tress Estates. . uonoger 30.0' 33 O I Lot for \ \ m , - Estaes -LC slur, rT ? ' RCW `'r' 122.97±Acres(gross) N N a 0 t,+ J 15.0' Ir gat on Easement ' - CERTIFICATE --_ • 31, I --_- 10l m a a .f t k 01iso OF APPROVAL BY THE COUNTY lit Jed cared with the RE I-, 120.01±Acres inert N N s o O ..amt Access $ Utility W 01 I I ,_ r. ." r v. ,r4. y a \ \ Cis plat aporovad by the Board of County Camm.ssiorers u'weld 3v l 3 t F C vrry.State pi"ob•aao. - 1 p"E Casement (See General vole 3 I I \ \ r t ] ,e- s. 5n' N \ \ seoa g N80'17 56"E ,C 0 \\ hotness my nand and me c"P"ne,ea al s•k,__ . r.,.3�'•DO). , r/. ...,. .Jo u. 607.44' 60.t.)' oounty Rood_ BUILDING ENVELOPE \ 3 • Lot'B� L _ Right-of-ROY Ir 4.81± Acres D.DeS sot q t -h al u o d ,.hairoe,.a _ boners - s r d b. 1 1. The Slate Inms.co r'Water..51,...,, 5,,,S:,sell serrotts s tior a 00' Easement' rriga rrBB'a8_02"E SZ7 B4' _6. n eoaraY• f Nat.Op'46"E N -Den terse with $0]'07 48"E 1 3 o .3 3 �e'e^^" ^ ��/i/ 84,' p1 I I this RE flat 12].95' 1 m m g t =owner, ,� , N N m $ D n ,=n„m this RF 1 Wed C•I"' lerh t Itl rd A; 1 I 9.ljJ 5.c,i rr'gaf an Easement I '-30.30 12'•) 7g0.72 • 11 n ' .e etc -re -� lG1 n:5,,,,,, L^. .o< u5.•eels. .rte a,. ..s .n.] , By Deputy Clerk he Date ---11 586'52' ^' P� �, D dicated wth trig RE P.qt Sec No a Reber w,n'' O r 7so.'2' ' E' < e o NB•'55'50"E 875.88' ,� , u t °° ' • -T — kc t w v Z 703.61 57o 2,. �l 'a R Cup ul I t r N= to, ), J N , - �� _ _ 3000 ) ly Rope r' Lot A co O 1 S86'18"28 E -.T LT, x a E �(3J,{� s I m ✓X52 -.- Rigm.i 5.823 Acres(gross) ',AD"3 486'42'17'E —115.84 — \ -v- Lot 1Bt r J I. a,. .. ss6 sz 21v .,0 0' I Ln N82'0700'E oo ,100.78' / 5v 1000, N 5•�3 ( ) 0o \ •' / 6n. \K - -r -15.08±Acres(gross) p 1 r SURVEYOR'S CERTIFICATE .;....,,,,,---1:,.. 1 -„i f�- I 149.86'T 589'40'18'E 6g5 9 . ,-�i ] , � -2e 0 Oil/Gas Access t[t'L 13 \ 15,04±Acres(net) Be Id,o c.Buld a Steven John Stench,a Registered Pnfesel000 Land Surveyor m the Since al Colorado do rJ }0 - Set No 4¢steer seh I" ., N86152.12"E _ . • t P- as prepared under my personal supervision a N ,42 t2 _') Cl_9 R hereby net Ina Recorded Exem Iran w A _-�- Easement Dedicated wth 30 Rea?rite Cap at 441 - - I _ that! s pmt s a accurate representation thereof. runner:er•dI that the survey and n _ this RE Plat �r `167.60' 507. •.•_,...-.�-,r..�,� -- I _ n app regulations and taws,f the State of wpndo,State �> -�" 30.00'On County Rood-- \I 6 — • • J `-) aD •t 3 pal:omdres with aN cpWe rubs. 9 Right r Way / I- -i Na0'175 --� 1 - c � - . _ n ae o r , ; Board of Re90,rabon for Professional Engineers and.rofeseoral Lard Surveyors dna Weld 0 2C.C Ir• Orlon 11 B- �✓ _. Easement Dedicated "' _ 30.0' .m with this RE Plot '-'"s _~_ i 1 ` _ ,x4 -a3v-31 .-,.a, N8743'19"Yfv� t ''9h{ .[n act Ja D y ROW S'' ,o 51.12'- y:;�tl' ,':.3 • 6_ - 9- L47E L553. , 69.85• _T M .//'l --r a anus,d p•he ,��.,.r h. (3..ms ,n, ,,... _.,,y",r,_ NTERMIU,IPNO SURVEYING,'.N C. 88('5-)-' ]' 20D $ N75'07'34"Wu 1 y, ,',..� __ henter•ne a; o u 1 �' U _ 68.C. Gas Easement s®�- ' 3 t //` b<d a e � -LS I z N 62.46' 11 r�n B?s$ .L /--c3 ''',„:-`,.'.',;;„"!.',.'..',".;.7'' 0 1 r, a. J4--:--oG"- s�__w 1 E' — I .^ • • \P-- o - r > Stever:oho Stance C 5 10462 per Rec. No. 1891642 E P r Ni N64'55'081V- t' • n15 See •Detail 1-1 I: N84'53'52'E to k� II 0 es,a' 76,46' •'.4I�,25. / %-a b Ss p rmn R)�f m 119 80 Fa ni 'alb .fir N d - Bale -ZO OS 1t. IN Sel No a Reber w1 d De;RE Pk stn ••See Detail 1-2 W g / "'a 'I �N Rea Plastic COI at 30.02 On�t awe s J \', -cote., ',VELD vT Sleek J ALI A IN 1 N County Road Right of WaY V iwOth.0-1 U Gen1 enitm 5 a,�, " F re o s a It J l 1_ wq DETAIL 1-1 Sea 9 04-68 I , r 19.023 ACf-(p0-I y. 3 on 9--rc area i , d gr 31 33.ey Scale 1" 50' Found No a Reeser IengU 12.!!3 Acres(nog a t " su .s on g We_..- h p OM* -r•, unknown)With 2-1/23 Dia. o. rr gal or :,, inert rr,ga:,ln • __ Mum.Cap Marked W Shown I I il—Dedicated.r, ,c RE ,. Easement e:hooted 1 Lot IDE N64'16'27"W ''s -"---,,,BOOT' f� ytwwww el. UNE TABLE LINE TABLE Abeve 1. ' Pal with,hs RE P1ac-�' L 67.99 - a Ee.ee"•'er Rer 4ts T1 , f,As ester n , U NE BEARING ' DISTANCE UNE BEARING I 0:5TANCE "—� 1 —92291 -1 — - 1 ib-2 7' J LI NJ040'22"W 13.96 _ L29 566'5212'\51 18.10 �T4N R68W `., I••e South Top Bank of r - 1r :Fins 9 c -O t< _30 i'iU 1/1 ,' Set No 4 Reba,.with I. I 5$9'04 34'W 2605.61 N8R27'26"W• Ne Home'PP', / g f d L3 NSS'48'22'W 151.95 Lit N56'44'45%140.42 I ^ 5 I die.Red Mastic Cop at See Detail 1-3 Handy Dean(See �� 9 ] - e „•, .. - 11WV 80 _... c�, •'c 5C'E t '815' I I I ]OOD'Jn County Rood B-1 N83'54'53'E 66.15' 166.90' General Note"b. J, /!TAN RBBW > p _q y t -, ��//rr� ..,I. LS N4209 a^N 22.85 V3 9'1813"E 4321 / Right al May B-2 N89'28'12'E 145.97' \ mnsies ` _ lustf • seesr �� rte.''53-54:4 8a _ L3a3.80-'2'52", 4d_}a r �' iy% j 2000 • 8-3 N88'22'11'W 130.13' i� at/s 1 „ \ 39 ',/I C.1/4 Corner 1 n.gins or,mhsousses d Jos •. -- c / L7 N3.4J OB"E a5.B1 L35 JS483B-EI 4313 30 12.7" Sec 5-4-68 S5 I ] J e r '1 P 3 % SITE. c4M S NS88'4648W, '250. L]7� N8122 1 40 70 1]7 Sa6'1 G'\3� 54 9':H i -mss %1 Found No • Fo6 Rector\ 2W0 tdel n p, "I wi t SUPPLY %/ / / \ MO _•. 419.55.4 T '+'q' :.181 eo E <,.] 11 828"E N6$5 ,5 `� -/ (length unknown)with __.„,.,i _ r wNpr wT ,,,�,ti�yy%/. LI ''_I: N04H 473E 75.581 J9' NBOOJ a)"E 40.63 5 34 ) {/+ • 1.111'B' 't 2 '/2"s Ns, Cap _ /Woes C t %H/� y i / -is •I , Marked An$M1Own al h t r, • 1 5946"W '3.'41 LAD e' L 6'. 4920 - -41.!_ 20 (S flight oe _13 NBS'OS 13.15 33.15I L41 N80'5718%, 48.05 rr t zE � rc ' —' Lot•Br a p 4 »5'43 J'w n) a: //84•22')5'E el 36 J J,_ rent -,5 L n n L15 5030420'Ef 36.10' -_I} $T433'12'E U.35 C/ �r) y _ d .v - L q _ " 9 fly t P? p ( _Y t o 1 Del Ih J _ I ,I 23 E 49,'0' Laa S4a'aiSS'E• 4].90 _ I ,1cr F p SSN•4E-48'N 1250 L45 514'00'17"E, 24.22 % I Veal-,,tea th,is �� / F r a mug: dude _ s ys iw, v a _ I 1 h. d Ewer afi s7s'.)a9w o)q - A[ t� NORTH 'y,►5" neNN oonn,n worn we, P sus,-7'54T Lot 3 1 e '" \s�� - nohow a - Jd _ _..- _ sn•-'E 125 35 47 044'36'78.15 _0•]t d E )9 _4_ sus,- 547 i N7 s 1, p. psmies • • _ ups.wfrwar L S`9 9 38'W 12 50 149 8.69 07' 'T,' 1 ''v �-/ WES AS hore ' E NAtprpiCN -w ,ys?• spas. Y// (A ] - d WCR 48 _ L23 N6350'10'E 65}0 'Si: ie 4'3gE .':3 u1 82.46• au nap sm +so not - '31 N34'54'44'1 28.91 rn 4,5„1,,,s 'J )/,,l. rt'S S4� q ] d - .4 'a6E E 152 c1544'M '3 AN 6 a8 /)` S1- • SOUTH _ _ .-. . L251 5491915-E 09.65 L53 NW'02'58'W 31.1' '� 4 TY [ • 261 :h ._I L54 5'5q 49"W C r^. U A -, \ 82s - t ln' 5882726"E, '47.46 L55 N1419'38"L 6.15 r'i _ _ti soot, rs 'l, B) a�Jp,,v 1 f i s., 1 o �_ ..s «-flee n ]w.es - zs-. ,r ,.n rr.rr r..r ,, l 7. t.. � _.� _ �'1_ 7;.-,-... x. { - w..=4 ..,, Lot'D' 6.,,,i,67„:„:5.1,..2• °° SCALE : 1 inch = 200 feet y av Dirn .Accard:ng to Soiorad_ RJR You MUST commence any legal action based Lot tDE f r^ wo-m f < o sc°euI - -- -- ----- . •h.s survey wthn three years otter youdiscover such defect. In VICINITY MAP e t may any actor cased upon any defect in this survey be DETAIL 1-2 DETAIL 1-3 \...... .- e c d more 'bon ten years from the date of the cerficato" s - -r .•, Scale = 1' = 50' Scale = 1" = 50' ( INTERMILL T E R M I L L LAND SURVEYING, INC.' 1 r ,r°ATE' )'=200' °RAW" (PROJECT"T1E SHEET rte. NO OF SHEETS RQ ECT NO.J `RE REVISIONS, R DATE. J I` 1 • l (-04-5778 — --- cFLE r'=too cHECREO l: / ( TWIN VIEW ESTATES.LLC J P RECORDED EXEMTPION No.3983 a_._ ._ --___ APPROVED 5' J 11 AWeneef 1;4.SKIMS INN.WSW.well Cowry Colondo ;•tIn\Pnr_n e-r...v.. .e,s'rn,_�xw4 a.a RESOLUTION RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION #3983-TWIN VIEW ESTATES, LLC 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 four parcels, as shown on the plat known as Recorded Exemption #3983, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Four-Lot Recorded Exemption#3983 was submitted by Twin View Estates, LLC, 3555 Stanford Road, #204, Fort Collins, Colorado 80525, c/o Sharyn Frazer, AGPROfessionals, LLC,4311 Highway 66,Suite 4, Longmont,Colorado 80504,for property which is located in part on the following described real estate, to-wit: Part of the NW 1/4 of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 121 acres, 12 acres, 12 acres and 12 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption #3983 by Twin View Estates, LLC, be, and hereby is, approved conditional upon the following: 1 A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The Applicant has proposed individual wells as the source of adequate water for Lots A, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique,the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2005-0206 RE3983 47) / .&i .4so°,D' , / —� /9,7/..-z 7.c � RE #3983 - TWIN VIEW ESTATES, LLC PAGE 2 3. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s)for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services,the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground, as well as the location of incompatible uses, flood plain,ditches,wetlands,geological hazards,accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No. 1061-5-2 RE-3983. C. When feasible, there shall be no net increase in the number of accesses to a public road. The site currently has seven (7) accesses. The applicant shall submit justification for the need for the existing multiple access and/or the need for additional access to the Department of Planning Services.The submitted information shall be reviewed in accordance with Chapter 8, Article II, and Chapter 24, Article II, Section 24-8-40 of the Weld County Code. D. All approved accesses shall be clearly shown on the plat. E. Weld County Road 3 is designated on the Weld County Road Classification Plan as a local gravel 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 3 shall be delineated as right-of-way on the plat. This road is maintained by Weld County. F. State Highway 60 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 60 shall be delineated as right-of-way reservation for future expansion of State Highway 60. G. The applicant shall address the requirements and concerns of the Colorado Department of Transportation (CDOT), as stated in the referral response dated November 15,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. Lot D shall comply with the one-hundred twenty(120)acre net minimum lot size required by Section 24-8-20.B.3 of the Weld County Code. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2005-0206 RE3983 RE #3983 - TWIN VIEW ESTATES, LLC PAGE 3 J. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building, or structure, as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, C and D have an adequate water supply of sufficient quality, quantity and dependability. 7) The applicant has proposed a well as the source of adequate water for Lot A, Lot C and Lot D. Lots A, C and D may not share a domestic well. 8) Potential purchasers should be aware that Lots A, C and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 2005-0206 RE3983 • C RE #3983 - TWIN VIEW ESTATES, LLC PAGE 4 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 12) 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. 13) 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. 14) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Section 29-1-20 and Section 29-3- 20.B.13 of the Weld County Code, do not need building permits, however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Program. 16) Potential purchasers are hereby notified that a confined animal feeding operation is located directly east of the intersection of Weld County Road 7 and Highway 60. Off-site impacts that may be encountered include noise from trucks,tractors and equipment;dust from animal pens, and odors from animal confinement, silage, and manure. 2005-0206 RE3983 RE #3983 - TWIN VIEW ESTATES, LLC PAGE 5 17) 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 staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.weld.co.us. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 17th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS //II WELD COUNTY, COLORADO EL • h William H. rke, Chair 186' •did 9ri it erk to the Board ` / M. eile, Pro-Te Y. • ty Clerk to the Board D vid E. Long APP AS TO F Uu Robert . Masden unty At orney Glenn Va d Date of signature: //9"e> 2005-0206 RE3983 *11:64 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION C� ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: RE-3983 HEARING DATE: January 17, 2005 APPLICANT: Twin View Estates, LLC ADDRESS: c/o Sharyn Frazer, AGPROfessionals, LLC, 6788 Highway 66, Longmont, CO 80504 REQUEST: Four Lot Recorded Exemption LEGAL DESCRIPTION: NW4 of Section 5, T4N, R68W of the 6TH P.M., Weld County, Colorado PARCEL NUMBER: 1061 05 000021 PARCEL SIZE: 157 +/- acres ZONE DISTRICT: Agricultural WATER SOURCE: Little Thompson Water District/Individual Wells SEWER SOURCE: Septic The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code: A. Section 24-8-40.K.2- The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 24-1-30 and 24-8-20 of Chapter 24 of the Weld County Code. 1) Section 24-8-20.C.3- The four-lot recorded exemption application shall include the total contiguous land ownership. The applicant owns contiguous property in the northwest quarter of Section 17 that, according to Section 24-8-20.C.3, should be included in the application. Should the Board of County Commissioners approve this application, the Department of Planning Services recommends the following Development Standards and Conditions of approval 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. f ' C 2. The Applicant has proposed individual wells as the source of adequate water for Lots A, C & D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat.Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No. 1061-5-2 RE-3983 C. When feasible, there shall be no"net increase" in the number of accesses to a public road.The site currently has 7 accesses. The applicant shall submit justification for the need for the existing multiple access points and/or the need for additional access points to the Department of Planning Services. The submitted information shall be reviewed in accordance with Chapter 8, Article II and Chapter 24, Article II, Section 24-8-40 of the Weld County Code. D. All approved accesses shall be clearly shown on the plat. E. County Road 3 is designated on the Weld County Road Classification Plan as a local gravel 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 County Road 3 shall be delineated right-of-way on the plat. This road is maintained by Weld County. F. State Highway 60 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 60 shall be delineated right-of-way reservation for future expansion of State Highway 60. G. The applicant shall address the requirements (concerns) of the Colorado Department of Transportation (CDOT), as stated in the referral response dated November 15,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.6.3 of the Weld County Code. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, C and D have an adequate water supply of sufficient quality, quantity and dependability. 7) The Applicant has proposed a well as the source of adequate water for Lot A, Lot C and Lot D. Lots A, C and D may not share a domestic well. 8) Potential purchasers should be aware that Lot A, C and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non- buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 12) 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. 13) 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. -C90(,) 14) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 16) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly east of the intersection of County Road 7 and Highway 60. Off-site impacts that may be encountered include noise from trucks,tractors and equipment;dust from animal pens and odors from animal confinement, silage, and manure. 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, • by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date January 14, 2005 Chris Gathman ❖ Planner II -AICP W-3933 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet limssialr Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots ` er D 1Sicacbsvote..11 Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? 4:25leilflit CIIIIJ Roads labeled, including R.O.W Building Envelope(s) "` sk. Vicinity Map Suitable Scale? (Minimum 1"=2000') loo VI* North Arrow MPS Legal Description AWOL Notes from Planner/ �� ..�� Development Standards y' C: 6 i, Conditions of Approval aidure �� i s O.% .Fef _ -4rCP 'Si7JL• � L.d'�' Owner's Certificate Notarial Certificate included?All owners must sign the plat, ° check the deed. i/ Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub.Final) 064/1) Certificate Board Certificate (USR, COZ„Minor Sub Final) 0 (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) 74 I Easements 14 I Please return the plat to the CAD Technician within 24 hours of receiving the plat. ?to.* 910 6.0.41 2/I y/2Qo5. c.d.- • Planner on Call: (Initials) Planner Signature: Date: WELD COUNTY,COLORADO ._PARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT,CO 80504 PHONE(Iii)652-4210, Ex-r.8730-FAX(720)652-4211 DATE: \\\o 20 RECEIPT 482 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. I ® CASH ❑CHECK NO: TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE r t62-1111 tot.03_ c;r_oLig ' i - 31( r ` i - 6.v I DEPARTMENT OF PLANNING SERVICES 918 10th Street 41 417 ti I I 11-- Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 • COLORADO November 9, 2004 Twin View Estates LLC do Sharyn Frazer AGPROfessionals 4311 Hwy 66 Ste 4 Longmont CO 80504 Subject: RE-3983 A Recorded Exemption located on a parcel of land described as NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Berthoud and Johnstown Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud and Johnstown Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Berthoud at(970)532-3754 and Johnstown at(970)587-4664,for further details regarding the date,time,and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, rx Chris hman Plann 4,60 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman @co.weld.co.us 4 PHONE (970) 353-6100, EXT. 3540 Q FAX (970) 304-6498 • COLORADO January 12, 2005 Twin View Estates, LLC c/o Sharyn Frazer—AGPROfessionals, LLC 3788 Highway 66 Longmont, CO 80504 Subject: Recorded Exemption (RE-3983) Legal Description: NW4 of Section 5, T4N, R68W the 6th P.M., Weld County, Colorado Dear Ms. Frazer: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8- 40.K of the Weld County Code. This application is scheduled before the Board of County Commissioners on Wednesday, December 22, 2004 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, go:4O Chris Gathman Planner II -AICP Page 1 of 1 Chris Gathman From: Chris Gathman Sent: Thursday, March 17, 2005 4:11 PM To: Lee Morrison • Subject: Water Diversion from a Commercial tap Lee, I have had a similar situation to the Wright Water Engineers situation we dealt with a couple years ago come up. I am wrapping up a four-lot recorded exemption for Twin View Estates (NW4 5-4-68). Bethany received a complaint in regards to water trucks coming to and from the site and backing up at the intersection of CR 3 and Highway 60. Sharyn Frazer spoke to the property owners regarding this and was told that the owners have a commercial tap from Little Thompson Water on the property and have a lease with Magpie Oil to allow them to haul water offsite to their various sites. According to the owner-this has been occuring for about ten years. There are no other improvements on the property related to this operation. I wanted clarification on whether the County has any authority to regulate this operation or if it falls under being an unregulated use (per the Calpine Diversion point decision). Chris 03/17/2005 • • Page 1 of 2 Chris Gathman From: Chris Gathman Sent: Thursday, June 02, 2005 3:57 PM To: Bethany Salzman; Bruce Barker Cc: Lee Morrison; Frank Hempen Subject: RE: 23955 WCR#3 Bruce, I have had some discussion with Sharyn Frazer of AGPRO on this issue. She represented the neighboring property owners in regards to a recorded exemption. This is the property that the trucks are going to. It is my understanding in conversations with Sharyn Frazer that there is a commercial water tap on the property through Little Thompson Water that the trucks are using. I received a response from Sharyn the water trucks accessing the site are Magpie and Loveland Gas. I did not get any contact numbers but I was able to get a number for the Loveland Gas Processing Plant (I am not sure if this is the same company) at 303-595-3050. I also found a number for Magpie Operating, Inc. at (970)669-6308. They are a wholesale gas distributor. I am not exactly sure as to who is paying for the commercial tap and where the water is being used. I have the owners of the property as Twin View Estates, LLC. Their phone is (970)226-1414. The address I have is 3555 Stanford Road #204, Fort Collins, CO. Chris From: Bethany Salzman Sent: Thursday, June 02, 2005 2:55 PM To: Chris Gathman Cc: Bruce Barker Subject: FW: 23955 WCR#3 Chris, Do you know any of Bruce's following questions? From: Bruce Barker Sent: Thursday, June 02, 2005 2:31 PM To: Bethany Salzman Subject: FW: 23955 WCR#3 I have a few questions: Is the water company A+W Water Service? What is the water being used for and where is it being used? Is the company paying for the water? From: Roger Kenney [mailto:rak@kenneyarch.com] Sent: Thursday, June 02, 2005 11:06 AM To: Bruce Barker Subject: 23955 WCR#3 Bruce. Frank Hempen has indicated Lee Morrison of your office is trying to work with whomever to mitigate the impact of the water truck filling station adjacent to my home. If either you or Lee would like to contact me I would be more than happy to update you on the situation. Both I and Frank have hired out a traffic count at this location, mine 06/03/2005 . . . ...., , Page 2 of 2 included the water trucks and Frank's did not. The difference in the two counts indicates that approximately 150 trips, or 75 trucks are filling up every day 7 days week. Frank thinks we need to do a visual count on the trucks. They start at about 5:30 am and run till after 8:00 pm. If someone wants to sit with me I'm willing. I also have many photos of the negative impact on my property, I would be more than willing to share. I have retained one of my attorneys to file an injunction, but hope I don't have to resort to that. Thank you Roger Kenney Kenney&Associates, LLC 209 East 4th Street Loveland, CO 80537 (970) 663-0548 I 06/03/2005 r wLIDc APPLICATION FLOW SHEET COLORADO APPLICANT: Twin View Estates, LLC CASE # : RE-3983 REQUEST: Four-Lot Recorded Exemption LEGAL: NW4 5-4-68 LOCATION: South of and adjacent to Highway 60, East of and adjacent to County Road 3 PARCEL ID #: 1061 05 000021 ACRES: +1- 157 acres Date By Application Received 11/4/04 Application Completed 11/4/04 Referrals listed 11/9/04 C—CT Design Review Meeting (PUD) File assembled II:'q '`-'—l rii Letter to applicant mailed I 1 ' Vicinity map prepared Referrals mailed Jj ,C�1� Chaindexed (. o_-' Field check by DPS staff Administrative Review decision: Date By ICounty Commissioners Hearing Date (if applicable) I/11/o5 PPCOVIA Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Y7-OS_ Overlay Districts Zoning Agricultural - MUD Yes No_X_ IGA Yes No X Ord. Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No X Panel#080266 Road Impact Area _Y_ • 4311 Highway 66, Suite 4 • Longmont, CO 80504 • • Office (970) 535-9318 • • Fax: (970) 535-9854 • AG PRO AGPROfessionals, LLC October 22, 2004 To Whom it May Concern: We have contracted with AGPROfessionals, LLC, to process all work related to a Recorded Exemption application to be filed in Weld County. AGPROfessionals, LLC, is authorized to represent Twin View Estates, LLC, throughout this process. Stephen Greenlee is authorized to sign for the LLC, per Articles of Incorporation included in the application packet. Sincerely, tephen Gr enlee TWIN VIEW ESTATES, LLC - RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 106105000021 Legal Description: The NW4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No_X_ FEE OWNER(S) OF THE PROPERTY: Name: Twin View Estates, LLC Work Phone# (970) 226-1414 Home Phone#(970) 226-1414 Address: 3555 Stanford Road #204 City/State/Zip Code: Fort Collins, CO 80525 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: AGPROfessionals, LLC c/o Sharyn Frazer Work Phone: (970) 535-9318 Email Address: sfrazer@agpros.com Address: 4311 Highway 66, Suite 4 City/State/Zip Code: Longmont, CO 80504 Lot A Lot B Lot C Lot D Smaller Parcel L� Water Source Proposed Well b slteicthompson Water Proposed Well Proposed Well Type of Sewer Proposed Septic System Existing Septic System Proposed Septic System Proposed Septic System Proposed Use Proposed Single Family Resijpg Siingle Family Proposed Single Family Residential/Agricultural Residence Residence Acreage 12 acres, more or less 12 acres, more or less 12 acres, more or less 121 acres, +/- Existing No Yes No No Dwellings? if the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our)kno ledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization om all fee owners must be included with the application.If a corporation is the fee owner,notarized evidence ust be included s ing the signatory has to legal authority to sign for the corporation. 4". bq .gnature: O n or Authorized Agent Date c TWIN VIEW ESTATES, LLC RECORDED EXEMPTION QUESTIONNAIRE Please type or print your response(s)to the following questions on a separate sheet of paper 1. Water supply statements addressing the following: a. Domestic use. We have submitted letters for review by the District Manager of Little Thompson Water District for additional taps for proposed Lots A,C & D, copies of their response to follow. Little Thompson Water District currently supplies water to proposed Lot B, a copy of their letter is included in this application. b. Irrigation water. Shares of Home Supply and Handy Ditches would be available for purchase from perspective buyers. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. Septic Permit Number SE-0100018 is in place on existing Lot B. Engineer designed septic systems will be placed on Lots A., C & D and will meet all I.S.D.S. requirements. 3. A description of how the property is being used. Proposed Lots A, C & D are currently vacant. Lot B has a single-family residence and outbuildings located on it. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. Lots A and B will be sold as buildable parcels for single-family residences. At this time Lot D will be classified as residential/agricultural. Lot C currently has a single-family residence and outbuildings located on it. Lots A, B & C, will be 12 acres, more or less in size. Lot D will consist of approximately 121 acres, more or less. 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. The Home Supply Ditch and the Handy Ditches run southeast through the properties. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designed on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. No building envelopes are requested. 7. Is there a Use by Special Review permit on the property No II II STATE HWY 60 [WELD COUNTY RD 501 L - - - - - - - - - - 1 - . 1 1 1 1 1 I , III I i I I I1 NWY4OF SEC 5, T4N, R68W III 1 ,,,,`_ LOT 'D' 121 ACRES ± Ii I 1I 1 I li HOME , , ,, , . , „ , rn 1 , <»�k" mom I I JI 1 S cCek c 1 1 AMY z ' I ---I 1 1 I -<I I i 1 , 70111 . 1 - - I j 1__ L0T 'C' 1 PROPOSES I I� 12 ACRES ± - ACCESS 1 - ---\ 1 I _ - _ - - - - I APPROXIMATE LOCATION 1 il - XISTING ACCESSORY BUILDINGS I 1 1 I APPROXIMATE LOCATION 1 LOT 'B' EXISTING RESIDENCE o 0 EXISTING 1 L- 12 ACRES ± ACCESS I I-- o I I O p I I I I I 11 LOT 'A' 1 , IL_ I 12 ACRES ± I I ti PROPOSED_V- I q ACCESS 1 I NAY DITCH I I I I 11 I o 200 400 ISRSI I Approximate SCALE:1'=400' unie w I LANDPROfessionals,LLC TWIN VIEW ESTATES, LLC 10/15/04 IJ ND`RO SHEET NO. Engineers-Planners-Consultants 4-LOT RECORDED EXEMPTION RE-I c__;'0 0_100 a a I STATEMENT OF AUTHORITY 1 . This Statement of Authority relates to an entity named: TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company. 2 . The type of entity is a limited liability company. 3 . The entity is formed under the laws of Colorado. 4 . The mailing address for the entity is 3555 Stanford Road, Suite 204, Fort Collins, Colorado 80525. 5 . The names and positions of the persons authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are as follows : Mark A. Kross Manager Stephen C. Greenlee Manager 6. The foregoing shall not be construed as precluding the exercise by any other party of due authority to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity. 7 . Except as specified in paragraph 5, above, the authority of the foregoing persons to bind the entity is not limited. 8 . This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R. S . EXECUTED this ?3 `day of September, 2002 . TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company By: Mark A. Kross, Manager By: 7.1 Stephen 'C. Greenlee, Manager A STATE OF COLORADO ) ss . COUNTY OF LARIMER ) 2 The foregoing instrument was acknowledged before me this a J day of September, 2002, by Mark A. Kross &nd Stephen C. Greenlee as Managers of TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal . My commission expires : /o b/gCO(P ot Pub is L. E ;,\ i • :• i I G. �"�OF COI."' My Commission Expires 712612006 (HF&M 09/18/02) 2 Treasurer's Tax Search Result Page Page 1 of 1 WeICOMC tO .r� Weld Counto, Colorado b♦1' Home Services Departmen ts is About Weld Property Information Conta. (11 Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2003 payable in 2004 Property Information Owner Name: Twin View Estates LIc Address: 23610 3 CR City: Weld Account Number: R4656586 Parcel Number: 106105000021 Legal Address: 25693 nw4 5-4-68 (4r10d5s) 23610 3 cr weld 80537 Payment Information Total Tax Amount: $2,262.72 Actual Land Value $63,687.00 First Half Amount: ($1,131.36) Actual Improved Value $86,601.00 Second Half Amount: ($1,131.36) Actual Total Value $150,288.00 SR. Exemption: $0.00 Assessed Land Value $18,470.00 Full Amount Paid: $0.00 Assessed Improved Value $7,340.00 Current Balance: $0.00 Assessed Total Value $25,810.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2385 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 87.668 Database Last Updated at: 02:26 AM on October 8, 2004 http://www.co.weld.co.us/departments/treasurer/tax/tax results.cfm 10/8/04 REFERRAL LIST NAME:Twin View Estates LLC CASE NUMBER: RE-3983 REFERRALS SENT: November 9,2004 REFERRALS TO BE RECEIVED BY: December 8, 2004 COUNTY TOWNS and CITIES Attorney Ault _X Health Department _X Berthoud Extension Service Brighton Emergency Management Office Broomfield Sheriffs Office Dacono _X Public Works Eaton Housing Authority Erie Airport Authority Evans Building Inspection Firestone _X_Code Enforcement Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _X Department of Transportation Hudson Historical Society _X_Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer X Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS _X Big Thompson OTHER Fort Collins _X_School District RE-2J Greeley Ditch Company Longmont West Adams coat O O Weld County Referral COLORADO November 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number RE-3983 Please Reply By December 8, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Highway 60; east of and adjacent to CR 3. For a more precise location, see legal. Parcel Number 1061 05 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: (� 4t7n mxlm 7 � -C�R.� � .-c yr G ( (kt-(fa rx,O Signature -C;t Agency ,z l Date 1 ❖Weld County Planning Dept. •:918 10th Street, Greeley,CO.80631 4•(970)353-6100 ext.3540 +(970)304-6498 fax - 11/16/2004 08:57 970587014i TOWNOFJOHNSTOW PAGE kir -6((iil *:;17 . ik WI Weld County Referral COLORADO i November 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant "win View Estates LLC Case Number R -3983 Please Reply By Ebecember 8, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location outh of and adjacent to Highway 60; east of and adjacent to CR 3. For a more Orecise location, see legal. Parcel Number 1061 05 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to thi6 request would be appreciated. Please reply by the above listed date so that we may give full consideration o your recommendation. Any response not received before or on this date may be deemed to be a positiv response to the Department of Planning Services. If you have any further questions regarding the applicatilon, please call the Planner associated with the request. Please note that new information may be dded to applications under review during the review process. If you desire to examine or obtain th s additional information, please call the Department of Planning Services. • i O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan >< We have review d the request and find no conflicts with our interests. See attached letttr_ Comments: J Signature 1 ( Ls___--0 e Agency Date `'Weld County Planning t. 918 10'"Street, Greeley, CO, 80631 4:(970)353-6100 ext.3540 d•(970)304.6498 fax +III • (11 Weld County Planning Department GREELEY OFFICE NOV 2 3 2004 RECEIVED Weld County Referral COLORADO November 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number RE-3983 Please Reply By December 8, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Highway 60; east of and adjacent to CR 3. For a more precise location, see legal. Parcel Number 1061 05 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature A 2(9t -1po-2 I/ -22 - o y Agency J6tca v-,j3,�,t_ A-.,tOtt Date +Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax NOV-29-2004 15:43 FROM- T-433 P.003/005 F-370 1 1_ i 2-04 09 : l g Referral • IIIIUKCO:O"IRADO -----------November Weld Count y 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number RE-3983 Please Reply By December 8, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal NW4 Section 5,T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Highway 6D; east of and adjacent to CR 3. For a more precise location, see legal. Parcel Number 106105 0O021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services, ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 1-1 See attached letter_ Comments: ,(1.0� - / Signature /� Date Agency - ?Weld County Planning Dept, 918 10'Street, Greeley, CO.$0631 :'(970)353-6100 ext.3540 •x'(970)304-6498 fax 446 D ECEOV NOV 1 0 .J WELD COUNTY PUBLIC WORKS DEPT Weld County Referral COLORADO November 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number RE-3984 Please Reply By December 8, 2004 Planner Chris Gathman Project Two Lot Recorded Exemption Legal N2 S2 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile south of Highway 60; east of and adjacent to CR 3. For a more precise location, see legal. Parcel Number 1061 05 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signatured8L/144'.4 /1 9 -04 Agency ' t� y,�� Date •:Weld County Planning Dept. •:918 10'Street, Greeley,CO.80631 •8(970)353-6100 ext.3540 ❖(970)304-6498 fax ;~ CE, 39 ? glo WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: October 18,2004 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name: Twin View Estates,LLC Phone 970-226-14114 Address: 3555 Stanford Road#204 Ft. Collins,CO 80525 2. Address or location of access: West of and adjacent to WCR 5,south of State Highway 60,(WCR 50) 3. Section 5 Township 4N Range 68W Subdivision Block Lot Weld County Road #5 Side of Road West Distance from nearest intersection 1500 Feet 3. Is there an existing access to the property? Yes X See plat map for proposed driveway accesses 4. Proposed Use: Permanent/Church 5. Site Sketch N4k Legend for Access Description: AGR= Agricultural RES = Residential !i lD . O&G= Oil&Gas R"� D.R. = Ditch Road �' ''rja {,� tlrr ►4 &C L°± LOT OSAISt pvcposed s har across OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation authorized ❑ Information Insufficient Reviewed By: Title: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: October 18, 2004 1111 H Street, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name: Twin View Estates, LLC 2. Phone: (970)970-226-1414 Address: 3555 Stanford Road,#204, Ft. Collins, CO 80525 2. Address or location of access: Accesses are proposed and existing off of Weld County Road 3 Section 5 Township 4N Range 68W Weld County Road 3 Side of Road: East Distance from nearest intersection: Over 2500' 3. Is there an existing access to the property? No,see plat map for shared access 4. Proposed Use: Residential/Agricultural 5. Site Sketch N� Legend for Access Description: REA ;Agricultural E57Residential WRAC, O&G= Oil&Gas a,"",., 1 (gyp ! W Ce.rj v RAD� D.R. = Ditch Road `I I W C4 - 3 Lo'f'O r t��p5 LA t 4-1'STt NGq F tc rss. Lem- g ca 14 L°f 4v„ a � Vjeciet.. T OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation authorized ❑ Information Insufficient Reviewed By: Title: Weld County Planning Department GREELEY OFFICE rit DEC 6 2004 MEMORANDUM RECEIVED IIIID TO: Chris Gathman, Planner II DATE: December 3, 2004 O FROM: Donald Carroll, Engineering Administrator otX' • .r COLORADO SUBJECT: RE-3983, Twin View Estates LLC The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 3 is designated on the Weld County Road Classification Plan (FHU) 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. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 5 is designated on the Weld County Road Classification Plan (FHU) 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. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. (Lots A and C) 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. The applicant shall utilize the existing residential access to this parcel. (Lot B) 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. 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. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot D) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-3983 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3983.DOC Weld County Planning Department GREELEY OFFICE Memorand1jD TO: W.C. Planning, Chris Gathman DATE: December 6, 2004 O • FROM: , EH Services, Deborah Blandin COLORADO CASE: RE- 3983 APPLICANT: Twin View Estates LLC Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1 . A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Additionally, please note the following: 1 . This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. t' S- `cam N{,itr--7 �_ r,s' , - SOUTHWEST WELD r:: - z s =. _ ____ -,.s=. _aa 0, aM 04x6'_" _M - `mi`3'- 1-A - qtr-:'TI ITY TI PP i4 OF F Tar HEAT .i..NT) '--' . .z__=_ ._- - 1555_ _ -7T14- _ .'x'_ ._ 80631 =.=_X;970 ..6411 sr-010001x Se4IrEnTam.g:05 a-'}afig St-t ,'_ _- - Owner; £-=T:Tc S_-__' s M]L - - P-sireel 1061-05-0--)0-021 j -�3.:.-•yi sii __ate 04-6.8 Location: �_ E� Sr _ v- _ _ {xTt c_-1 Fie h'e=i:ie W( , )--}s`y9T v4 d 4 z'i(4E_ 3-.VD_� _ _�_ -_-- =1.i lib___ _�--, - _ • 5 Commercial: .. z t }_`==6FL-: 8 -"-s--' -.-- f n-z fir.--'.`=L_u£1t-=-ELx"u'1ng a: _of moms: Bathrooms Full: _:: 1 3,•-'`i_ 0 112: U ___ Public: _ _ s:?._tr_,:Srxaur_e -_e s.t'.TI -� Water.�3.i Ei�it•r - az scv-vS u'a-�__. [ _.Parmx Tx ter fii teat!?- _ cistern: N Eli. N . Actual - Installation _ Tr=z...._=sas square feet _Y 2:eSii-• _ �F_v ___T:FEaz�i''3a t i _ -x x _ i__---LI-EngeTnt-41,11 Ref"N- The- - _�a this-3Cffi it does not':aat-'_i '�E'°` 4 ienrc WK CtfluS c- . __... -nnzi 3`giliatary bating rtItiii-mtrii-E,nor shall - _ _ __ _ ___ -_e The x.-._i+,r.��-=_ :si. (-.._ -__. —� ._ --,: `_ - -- - - c�caaaz=:-:�s=!4eeza:q,YeY - ...ate Crlz :a:: z:lam i_aa=�'_,3== i;_,L:aiaz:a occapatit jxp_rutpup tam:__CRS_93.254-1i1(-`) ° = _ ''' Li esrrti ;frF;b' =1th2.V =L ---- `— _�=i-�-resarax.ss ax r}=��a==�=r.=xy�-�_== =�i�a'a===ib'-=_z�--_ - - - �F�i54�F1—i_F=iv'=and c.₹n3i��.{S'_,iT_ i _ �_ __ _ _ _ _ Public '_ _} __ __ -__ — _ r� ;_-�a.€ rx-, as 7��, `_-: -,� ai. £�-- •-c �,:artymanL of Public Fi'_.`-`i_;ia -__ :inninent _ham K-.. .: ..... Frwiretriii_tr-1- e=- r{e Cu Specialist •.• - RI=E_fii_AN _________, _ f & .103 Weld County Planning Department GREELEY OFFICE %A I N0V 19 2004 \N"-fil x t 1. I RECEIVED f' ,, ' p Weld County Referral COLORADO November 9, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number RE-3983 Please Reply By December 8, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal NW4 Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Highway 60; east of and adjacent to CR 3. For a more precise location, see legal. Parcel Number 1061 05 000021 w The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: l n tie cRaA) ci .s 75 in o -NQ,s sher di a (cNY c -t'4 cet,,cai1`f-kl co Gad -Co{ exit l IO"� - Signature % 4(--4_0 - t Gk_ PI / I 6/ô -í Agency a . 02 s 5 Date! ❖Weld County Planning Dept. +918 10th Street, Greeley, CO.80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax c;5-- OX r "T 1 , •A JP. t ri F r .{, C } I 1 x M -;::-! r - W `i" ?.9Y 41 ""A.i s . .a il-ii i:ins'- rte ....-.. t • iiie- es 39 8 3 . i I . ,�t�jc t fv :::',....,1,• _ F s • • a 1R • - ..1 - _ ..z.4i. rill ��iJb j Rt di • `om N0. v`- ••> 4 . : ..i� 1. �L • .. � .477- 4.;11'1. a • i • Hi hwa 6C Garcia 0 { 4 } 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 The Northwest Quarter of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. CONVEYANCES(If none appear,so state): Reception No. 1477698 Book 556 Reception No. 1479084 Book 557 Reception No. 1696718 Book 775 Reception No. 1881497 Book 960 Reception No.2116873 Book 1172 Reception No.2160113 Book 1214 Reception No.2444645 Book 1499 Reception No.2552390 Book 1610 Reception No.2900401 Book Reception No.2990536 Book 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 28th day of October,2004,at 7:00 am. Order No.TNWS0000042 TRANSNATI ITLE INS CE MPANY By: ''' Au orized Signature 1, ..i ysr a iNe -sr'. Al v iu �Fna min. _ 1II 5 DEC1 `" 5 o eootc Recorded o loex_�1..M•. _..__..___.._...... _._ r ANN S7ONek Recorder. g1D <--1 556 Reception No...._ i 47_76118._:____ _ -- i — —! RECORDER'S STAMP •Tills DEED,Made this lit day of December , 19 65,between • 1 ROY A. PETERSON ' c., i1 • 1' of the County of Larimer and State of Colorado,of the first part,and C -D ROY A. PETERSON and LELAH M. PETERSON cp County of Larimer and State of Colorado,of the second part: O of the II WITNESSETH,that the said part y of the first part,for and in consideration of the sum of ,_.• ** TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS ** DOLLARS, ,, to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is r-•f hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do es w grant,bargain, sell,convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy,all the following described lot or parcel s of land,situate,lying and being in the C unty of Weld and State of Colorado.to-wit: • "ALL MY UNDIVIDED INTEREST" in and to: The Northwest Quarter (NWk) of Section Five (5), Township 4 North, Range 68 • West of the 6th P.M. ALSO the N3 of the S3 of Section 5, and a certain tract described as follows: Beginning at the southwest corner of said section 5, thence I north 80 rods, thence east 110 rods, thence South 80 rods and thence west 110 rods to the place of beginning, containing 55 acres, more or less. Also a certain 'tract of land in section 8 described as follows: Beginning at the northwest corner lof said Section 8, thence east 27 rods, thence south 26 rods, thence westerly 27 rods, and thence north 25 rods to the place of beginning, containing 4 1/3 acres, more or less; all of said lands lying in township 4 north of range 68 west of the 6th P.M. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said 4, parties of the second part,their heirs and assigns forever.And the said party of the first part,for him self his heirs,•executors, and administrators do es covenant,grant, bargain and agree to and with the said parties • of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these presents is - ''`.; well seized of the premises above conveyed,as of 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 a; manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens, ,' taxes, assessments and encumbrances of whatever kind or nature soever, except subject to 1965 taxes payable in 1966, agreements, restrictions and reservations of record, and existing ,' d' easements, if any. ,,,.,.-4and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha s hereunto set his hand and seal the day and year first above written. %)(... ._.....z.-_.......4,..__<....... [SEAL) Signed; Sealed and Delivered in the Presence of 1b' . [SEAL] s [SEAL] STATE OF COLORADO, lss. Larimer County 1 _ T, CAL •,,. .�6'f�e foregpittgti�tittment was acknowledged before me this /�— day of December Piet$/,Q•T W Rbf.4. Peterson. - .r•N Y:n • � .a ha lfy commissipn exRit2S l'De`tember 18 , 19 68. Witness my hand and official seal. i ;� 'l % •r. p (f a l 1G:o -l.,( .E.•2) //r� t. k A _ - I •'••,.. ...••• O -_•-_ -'-�.LI.G. Notary Public. Ie h : -- I No.921. WARRANTY on orDEED—Toer Joist Te Insert nano od•Roblcaon PIf by gp Compact. g in Most a tats Deers,Colofficial •If .t natural person or Dame o here lneert name or names:If by Dereon ther c p ity o desc i or of if by clarity or as attorney-then nd then insert name of person as is ecutor,at fact or other rs of sty or deacrlDtfon;i[b�of leer of cot- poratlon, insert name of such officer or officers as the president or other officers of such ten rattan,nsr• g tt-80c.utor:! aokuoe ladgmect,Sec. 118-8-1 Colorado Raelaed Statntoa 1 I III 11 Ft03;; • �IHh _ au� ! II I �` q 55`7. Recorded at. (0. ._...o'e1octs...C.!_...M.,___.. ..._..._.__..___ _ o� �,�11S.?A / l SPOM[s Recorder. Ii `.` Reception No__ l084 —_--- `�' 1_ — ' — ' RECORDER.'S STAMP• ,----- Tins DEED, Made this 30th day of December 19 65 ,between ROY K. PETERSON • ! C i of the County of Lar imer and State of Colorado, of the first part, and •e• •-, ROY A. PETERSON And LELAH T. PETERSON CD Z1-) of the County of Latimer and State of Colorado,of the second part: r= WITNESSETH,that the said part y of the first part,for and in consideration of the sum of fjpLLpRS, ** TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS** v to the said party oethe first part in hand paid by the said parties of the second part, the receipt whereof is • r� hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these preen do es ! grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and as:3igns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate,and State of Colorado,ng an to-wi t being in the County of Weld "ALL MY UNDIVIDED INTEREST" in and to: I The Northwest Qi,arter (NWT) of Section Five (5), Township 4 North, Range 68 West of the 6th P.M. ALSO the N1 of the S1 of Section 5, and a certain tract describe as follows: Beginning at the southwest corner of said section 5, thence north 80 rods, thence east 110 rods, thence South 80 rods and thence West 110 rods to the place of beginning, containing 55 acres, more or less. Also a certain tract of land in section 8 described as follows: Beginning at the northwest corner of said Section 8, thence east 27 rod:., thence south 26 rods, thence westerly 27 rods, and thence north 25 rods to the place of beginning, containing 4 1/3 acres, more or less; all of said lands lying in township 4 North of range 68 west of the 6th P.M.---- *____*____* This deed is given to correct and identify ! the named grantee, Lelah M. Peterson, used in a former deed between the parties hereto, dated December 1, 1965 and recorded on December 14, 1965 under Reception No. 1477698 in Book 556 of the records in the office of the County Clerk ,lnd Recorder of Weld County, Colorado, as being the same party known as Lelah T. Peterson, wife of Roy A. Peterson. -_. TOGETHER with all nC angular the hereditaments and appurtenances thereunto belonging,..or in anywise Ili appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, i of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said I j parties of the second part,their heirs and assigns forever.And the said party of the first part,for him self , his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except subject to 1965 taxes payable in 1966, agreements, restrictions and reservations of record, and existing easements, if any; !I and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part has hereunto set his hand and seal the day and year first above written. a1—ir"--\--' [SEAL] Signed, Sealed and Delivered in the Presence of --•= •--•- 7--- i SEAL — I [SEAL] 1'51 }ni91� STATE OF COLORADO, ss \\ WOLIMER County Y . Ar ,,, p�oregoifig.1 ,,�•ikneirt was acknowledged before me this 29th day of December f-911 7' WI , gy.' .4ke t er s on. — • commissi . iIS+December 18 , 19 68 Witness my hand and official seal. O � tfr' ••• .....•••ik .` ) r_�_r "4a Notary Public t,I ,, ,..,,. :1 '- f:K ,e,.., , _... ft_ No. 921. WARRANTY DEED—To Joint Tm+ante,—Bradford•Robinzoa Printing Company.1824-46 Stout Street,Deaver,Colorado *If by natural person or persons here insert name or names; if by person acting in representative or official cs.pactty or as attorney-in-fact, then insert name of person as executor,attorney-in-fact or other capacity or description; if by officer of cor- , Acknowledgment,aionenis era 11 8e8 i Co lorado officer Revtofficers t s he pr ident or other officers of such corporation,naming it-3tatutorii il it 6 775 9,sy e M. AUG 2 01976 4 i Recorded at if" • t�3fir�.B•�` AAARY•:ANN••FEUL{�$TEIN••• Recorder. • Reception No. /�,• ROY A. PETERSON and LELAH T. PETERSON, husband -- and wife, . _ I whose address is 831 Franklin Avenue, Berthoud, c� County • ,.., , • Cof Larimer ,State of - i • Colorado for the consideration of Ten Dollar tom- ($10.00) and other good and valuable considers MAI, in hand paid, hereby sell(a.) and conveyer to fl �—I k ROY A. PETERSON III : whose address is 831 Franklin Avenue Berthoud, County of mom Larimer , and State of Colorado the following real property in the III .� �.. - _lab. r , and State of Colorado, to wit: I morium'or y County of Larimer V "ALL MY UNDIVIDED INTEREST" in and to: Townshi 4 North The Northwest Quarter (NW1/4) of Section Five (5) , pRange 68 West of the 6th P.M. ALSO the N1/2 of the S1/2 of Section5, and a certain tract described as follows: Beginning at the Sout west corner of said Section 5, thence North 80 rods, thence East 11 rods, thence South 80 rods and thence West 110 rods to the place of --_ . beginning, containing 55 acres, more or less. Also a certain tract i . lll III of land in Section 8 described as follows: Beginning at the North- west corner of said Section 8, thence East 27 rods, thence South 26 rods, thence westerly 27 rods, and thence North 25 rods to the plac II i of beginning, containing 4 1/3 acres, more or less; all of said lan s ' I, lying in Township 4 North of Range 68 West of the 6th P.M. i 04 , iII (Actual consideration less than $500.00. This deed is given in recognition that Grantee is and has been the true owner of the property. No donative intent is or has been involved.) I ' with all its appurtenances, and warrant(s) the title to the same, subject to reservations, I restrictions, easements, oil and mineral leases and rights-of-way of record, or in place, if any. . i Signed this 17th day of August /�,1976 P� % Roy . Peterson, husband I '7t ii,....di,-, �/ OC.2i hl_ ../ -g L6--1 : . Lelali T Peterson, wife 161 STATE OF COLORADO, Iss. County of Larimer � '7th -_ The foregoing instrument was acknowledged before me this day of August .1976 Jay Roy A. Peterson and Lelah T. Peterson husband and wife. ...I y:!commii ien expires July 22, 1978 Witnmlmu}•haiid and official seal. it r-0"'�'d� , _A..�.W.... Notary Public ii .;il No.897. Warranty Deed—Short Form Bradford Publ,..hinw Co.,1891.16 Stout Street.Denver,Codorudu G TG �,_," AR1881497 } ..:-..7:- . 1.:_' DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE ____ - TDIS DEED made by BRUCE A. PETERSON Personal Representative - of the Estate of ROY A. PETERSON, a/k/a ROY ALBERT PETERSON, deceased, Grantor, granting to GENEVIEVE CLARK, whose address is 740 N. Adams, ,_ Troy, Michigan.48084, and MARY PHYLLIS PATTERSON, "whose address is Box 45, Evanston, Wyoming 82930, Grantees. WHEREAS, Grantor is the qualified Personal Representative --�i of said estate, Probate No. 79PR164, Larimer County, Colorado; and `s - -- WHEREAS. Grantees are entitled to distribution of the here- ° inafter described real property. NI E THEPEF' E, Grantor conveys, assigns, transfers and releases to Grantees the following real property in Weld County, Colorado: 'An undivided 1/3 interest in: The N1/2 of the S1/2 of Section 5 and a certain tract de- scribed as follows: Beginning at the Southwest corner of — — said Sertion 5 thence north 80 rods thence east 110 rods thence south 80 reds and thence west 110 rods to `he place of beginning containing 55 acres more or less. Also a cer- tain tract of land in Section 8 described as follows: Be- ginning at the northwest corner of said Section 8 thence east 27 rods then south 26 rods thence westerly 27 rods and —�` thence north 25 rods to the place of beginning containing a 4-1/3 acres more or less all of said lands lying in township 4 north, Range 68 west of the 6th P.M.. , Weld County, — Colorado; and An undivided 1/2 interest in: ' IV.i+- 1 North, 68 West of _ the NW1/4 cf Section 5, Township Range the 6th P.M. , Weld County, Colorado. with all appurtenances. ....,7—�A -----tot C� rbC• 30 1991'OMB —�� Bruce A. r.-ete; son as Personal Repre- 11 sentativd of the Estate of Roy A. Peterso ,, deceased STATE, OK HOMA ) Cc;ri ,tri-.4f< Wr,Slii n), ) o ..- - - -. • • �-•- •,. •• ,, ', ,,' '.,,S.Lib�r-•ribed and sworn to before me this 30th day of r 1981, by Bruce A. Peterson. Notary Public November 1, 1983 My commission expires: MINIaffirlion AR2'1.1b873 ' B 1172 REC 0216873 10/06/87 11 : 22 6. 00 1/002 F 1282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by Bruce A. Peterson, as Personal Rep- resentative of the Estate of Ruth C. Catlett, Deceased, Grantor (whether one or more) , to Genevieve Clark, 740 N. Adams, Birmingham, Michigan 4008 , and Phyllis Patterson, 102 Broken Circle Drive, Evanston, Wyoming 82930, Grantee (whether one or more) . WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated January 2, 1980, which will was duly admitted to informal probate on February 11 , 1986, by the District Court in and for the County of Larimer and State of Colorado, Case No. 86 PR 39 ; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 11 , 1986 , and is now qualified and acting in said capacity; and WHEREAS, Grantee is determined to be the person entitlea to distribution of the hereinafter-described real property, and Grantor is authorized to distribute the same to Grantee; • NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Article 12, Sections 711 and 907 , of the Colorado Probate Code , Grantor sells , conveys , assigns , transfers , and releases to Grantee the following real property located in Weld County, Colorado: The North Half of the South Half of Section Five (5) , and a certain tract described as follows: Beginning at the Southwest corner of said Section Five (5) , thence North eighty (80) rods, thence East one hundred and ten (110) rods, thence South eight (80) rods and thence West one hundred and ten (110) rods to the place of beginning, containing fifty-five (55) acres, more or. less. Also a certain tract of land in Section Eight (8) described as follows: Beginning at the Northwest corner of said Section. Eight (8) , thence East twenty-- seven (27) rods, thence South twenty -six (26) rods, thence W'-sterly twenty-seven (27) rods, and thence North twenty-five (25) rods to the place of beginning, containing four and one-third (4 1/3) acres, more or less; all of said lands lying in Township Four (4) North of Range Sixty-eigLt (68) West of the Sixth Principal Meridian; together with all laterals, ditches and rights of way belonging to and necessary for the irrigation of said lands, and fifteen (15) shares of the cap' tal stock of The Consolidated Home Supply Ditch and Reservoir Company and nine (9) shares of the .. . ; N B 1172 REC 02116873 10/06/8.7 11 : 22 6. 00 2/002 F 1283 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO capital stock of The Handy Ditch Company, and all other water rights thereto appurtaining. with all appurtenances. Wherever used herein, the singular shall include the plural. Executed - , 1987 . as Personal Representative of the Estate of Ruth C. Catlett, Deceased STATE OF OKLAHOMA ss. COUNTY OF k,1\; The foregoing instrument was acknowledged beforg "1tr this ,Q,a) day of es Stua., , 1987, by Bruce A.y Ux°gon as Personal Repr sentat.ive of the Estate of Ruth ;'C�.•• latta� �;* Deceased. Witness -ny hand and official seal. �� `�'.' G I . J My commission expires: 11 - \ -c1 o " Y QJL ). • Notary Public -2- , . l :t•r• f t i1sS i ti[-ji•"a:,, '4•1;ti,5l1.-,•i4,% 4'.1A.,'.!91, • r ti• .. 4 • -• ,_., , , , :40 $6.00 1/002 t , 8 8 11 _ 28 , 1 ►'' B 1214 REC 0?160 113 / ARe160113 ° F 0853 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO • n� f ., Quit Cede/ mo d, J THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as • '• named below as GR ANTEE of whatever interest the GRANTOR i ual s or entity(ies)• GRANTOR to the Inchv d ( j Y ,0i may have in the real property described below. . The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances The specific terms of this deed are• Grantor: (Give namalsl and place(s)of residence:if the spouse of the owner-grantor is(mntng in this Deed to release homestead rights, • identity grantors as husband and wife.) il ` . GENEVIEVE CLARK r 740 N. Adams Birmingham, Michigan 48009 rr Grantee: (Give name(s)and address(es).statement of address.including avertable road or street number,is required 1 G. P. CLARK CO. , a Michigan partnership 9 c.o GEnevieve Clark • 740 N. Adams Birmingham, Michigan 48009 0 . _ Form of Co-Ownership: (it there are two or more grantees named,they will be considered to take as tenants In common unless the words"In joint tenancy"c•words of the same meaning are added In the space below.) Property Description: (Include county and stale) ' SEE SCHEDULE A ATTACHED i r ' e • ' t y is ro m' Property Address: IP ° 0 • p Reservations-Restrictions: (II the GRANTOR intends to reserve any interest in tho property or to convey less than he owns,or d g the GRANTOR is restricting the GRANTEES rights in the property,mks appropriate Indication) re C oQQQ l Executed by the Grantor on _ \ .. "., r- E Signature Claus*for Corporation,Partnership or Asseeiattore .t 5lgnaWro Clauw brdlndielduN'(sC ;e , •• •r y,2.-ter,-v�—r-f- (A ,r•• �'A. 1• 't<i 3, N me of,Grantor antor Corporation,Partnership or Association Genevieve C 1 ark -'4 �� or \‘‘5,,,±)1 ► By rE tJI� 1. �ii i�y.,¢V,It.)I ,— Z)-C.'l�ante*. ./R �t . 3 B ols. :Z.t�ii»L� >,'••........ \,�' try • ro * zuRx zk c. Bel[s\ir�g ---.2 ),—...--o 1. • a O Attest [ Ps STATE OF COLORADO I . . • c COUNTY OF I ss F: Z1 The rorego,ng instrument was acknowledged before me this day at • 19 :y r.;,;'' 9 By' k` S M1. O WITNESS my nand and official seal O �� '(•`�( .M ro y ires: y �tttgs6tplres GCt,1Q 10f1! Nesary Puslk •: STATE OF MICHIGAN 1 COUNTY OF OAKLAND I s I .;J1. The oregorng instrument was acknowledged oefore me this day of OL"f-�F3 a., .1988 I- _ • By• Genevieve Clark. •(•'Wer e ndroidual Graeior(sl or if Grantor is Corporation Perinerahrp or AH0Cratton,thee.d Miry uiners'Las Wes.dent or cc*president and secretary or ', assistant secretary of corporation.or as clarinetist of partnership.or as authorized mein rtsl of assor atyen) Ul // WITNESS my hand and official seal ---- .- , Pay commission"Mr.,: Haler,Public I .• — xi 1981 UPDATE LEGAL FORMS `_./� l LOIS KANANM �,, } P G.Box 1815-Greeley.Colorado 80032 Notary Public,C`-+rricmd County,MI NO 203 t, o (303)356-1)99 �y Cori ,, anoi •i l i ,. .fir. t r a •+r i... "t'A 44 r.;I I , SCHEDULE A B 1214 REC 02160113 10/28/88 11 :40 $6.00 20F 0854 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, COCO The following real property located in Weld County, Colorado: Parcel 1 The north half of the south half of Section 5 and a certain tract described as follows: Beginning at the Southwest corner of said Section Five (5) , thence North eighty (80) rods, thence East one hundred and ten (110) • rods, thence South eighty (80) rods and thence West one hundred and ten (110) rods to the place of beginning, containing fifty-five (55) acres, more or less. Also a certain tract of land in Section Eight (8) described as follows: Beginning at the Northwest corner of said Section Eight (8) , thence East twenty-seven (27) rods, thence South twenty-six (26) rods, thence Westerly -;� twenty-seven (27) rods, and thence North twenty-five (25) rods to the place of beginning, containing four • and one-third (4 1/3) acres, more or less; all of said lands lying in Township Four (4) North of Range Sixty- • eight (68) West of the Sixth Principal Meridian; • together with all laterals, ditches and rights of way belonging to and necessary for the irrigation of said • lands, and fifteen (15) shares of the capital stock of The Consolidated Home Supply Ditch and Reservoir Company and nine (9) shares of the capital stock of the • Handy Ditch Company, and all other water rights thereto appurtaining with all appurtenances. Parcel 2 The NW1c of Section 5, Township 4, North of Range 68 West of the 6th P.M. , together with all laterals, ditches, and rights of way, and water rights belonging • to and necessary for the irrigation of said lands, with all appurtenances. • 3 a acnao �xc • :I 3 am Q o a cm 0 co a AR24446Y5 QUIT CLAIM DEED Know All Men by These Presents: That Bruce A. Peterson and Velma L. Peterson, husband and wife, of Washington County,State of Oklahoma,parties of the first part,in consideration of the sum of Ten and no/100 DOLLARS and other valuable considerations in hand paid, the receipt of which is hereby acknowledged,do hereby Quitclaim,Grant,Bargain,Sell and Convey unto Bruce A. Peterson and Velma L. Peterson, Trustees or their successors in trust under the Bruce A. Peterson Living Trust, dated December 30, 1992, and any amendments thereto as parties of the second part (a Revocable Trust), the following described real property in Weld County, State of Colorado, to wit: See Attached EXHIBIT"A" together with all the improvements thereon and the appurtenances thereunto belonging.TO HAVE AND TO HOLD said described premises unto the said parties of the second part, and to the heirs and assigns of the survivor, forever, free, clear and discharge of and from all claims, grants,rights or title hereafter made by parties of the first part, or those in their name and behalf. Signed and delivered on this 2.3 day of June, 1995. Exempt Documentary Stamp Tax O.S. �, Title 68, Article 32 Section 3202 Bruce A. Peterson Paragraph Four. Return to: Velma L. Peterson R. Glenn Teague 2601 N.W. Expressway, Suite 300W Buyer: Oklahoma City, Oklahoma 73112 Bruce A. Peterson, Trustee 1312 Greystone Bartlesville, Oklahoma 74006 2444645 B-1499 P-131 06/29/95 02:05P PG 1 OF 3 R15�.` DOC Weld County CO Clerk & Recorder 00 .qcd/ STATE OF OKLAHOMA ) ss. COUNTY OF WASHINGTON ) 1 efore me,the undersigned,a Notary Public in and for said County and State on this fq day of June, 1995,personally appeared Bruce A.Peterson and Velma L. Peterson, to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. * 4t.<71 Nota Public My Commission Expires: 21c2 ffiCig/ 2444645 B-1499 P-131 06/29/95 02:05P PG 2 OF 3 EXHIBIT"A" The following real property located in Weld County, Colorado: PARCEL 1 The north half of the south half of Section 5 and a certain tract described as follows: beginning at the Southwest corner of said Section Five (5), thence North eighty (80) rods, thence East one hundred and ten(110)rods,thence South eighty(80)rods and thence West one hundred and ten (110) rods to the place of beginning, containing fifty-five (55) acres, more or less. Also a certain tract of land in Section Eight (8) described as follows: Beginning at the Northwest corner of said Section Eight(8),thence East twenty-seven (27) y rods,thence South twenty-six(26)rods,thence Westerly twenty-seven(27)rods,and thence North twenty-five (25)rods to the place of beginning,containing four and one-third (4 1/3) acres, more or less; all of said lands lying in Township Four(4) North of Range Sixty-eight (68)West of the Sixth Principal Meridian;together with all laterals,ditches and rights of way belonging to an necessary for the irrigation of said lands, and fifteen (15) shares of the capital stock of The Consolidated Home Supply Ditch and Reservoir Company and nine(9) shares of the capital stock of the Handy Ditch Company,and all other water rights thereto appertaining with all appurtenances. PARCEL 2 The NW'/4 of Section 5,Township 4,North of Range 68 West of the 6th P.M.,together with all laterals, ditches, and rights of way, and water rights belonging to and necessary for the irrigation of said lands, and fifteen (15) shares of the capital stock of The Consolidated Home Supply Ditch and Reservoir Company,and all other water rights thereto appertaining with all appurtenances. 2444645 B-1499 P-131 06/29/95 02:05P PG 3 OF 3 Ilcd/ 3 L] -, 2552390 6-1610 P-579 06/10/1997 03:16P PG 1 OF 2 REC DOC D /. Weld County CO JA Suki Tsukamoto Clerk S Recorder 11.00 QUIT CLAIM DEED THIS DEED is a conveyance from the GRANTOR to the named GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: G.P. Clark Co. , A Michigan partnership 740 N. Adams Birmingham, Michigan 48009 Grantee: Genevieve P. Clark Revocable Trust Genevieve Clark, Trustee 740 N. Adams Birmingham, Michigan 48009 Property Description: SEE SCHEDULE A--ATTACHED Consideration: Transfer to trust by partner of grantee; therefore no consideration. Executed by the Grantor on May ;3 , 1997. G.P. Clark Co. r � / .tie • By: � `; Genevieve P. Clark, Grantor 72iXt.",,,,,-. .r•Ca r. ak .ad ) ' lie' ` repincy instrument was acknowledged before me this )3 day 6f1997, by Genevieve P. Clark as general partner of G.P. Clattk,,�' . "-. Witness my hand and official seal. malig Notary ublic Commission expiration date: MEt188A A SEED Realest direct Notary Public,Oakland County,M! clark,9.n.vi.v.-wit claim deal Commission Expues June 25,N1011 lift My 1111 l Ill IIIIIIILi(IIT IT - I i I111I1 Iii1uI1ui I T sCF.EnuLF A 2552390 B-1610 P-579 06/10/1997 03:16P PG 2 OF 2 The following real property located in Weld County, Colorado: Parcel 1 The north half of the south half of Section 5 and a certain tract described as fellows: Beginning at the Southwest corner of said Section Five (5) , thence North eighty (80) rods, thence East one hundred ar.d ten (110) rods, thence South eighty (60) rods and thence West one hundred and ten (110) rods to the place of beginning, containing fifty-five (55) acres, more or less. Also a certain tract of land in Section Eight (8) describe as follows: Beginning at the .rcrthwest corner of .aid Section Eight (8) , thence East twenty-seven (27) r s, thence South twenty-sir (26) rods, thence West •rly twenty-seven (27) rods, and thence t.orth twenty- ive (25) rods to the place of beginning, containin< our and one-third (4 1/3) acres, more or less; all of aid land lying in Township Four (4) North of Range Si :ty- eirht (68) West cf the Sixth Principal herid an; toaethei with all laterals, ditches and rights of way belonging to and necessary r„r the irrigation of ai.2 lands, and fifteen (15) shares cf the capital stoc of The Conscl .dated Home Supply Ditch and Reser air Company and nine (9) shares of the capital stock of the Bandy Ditch Company, and a:.l other water rights the eto appurta nina with all appurtenances. Parcel 2 The NWi of Section 5, Township 4, north of Rang, 68 West of the 6th P.N. , together with all later ls, ditches, and rights of way, and water rights belo ina to and necessary for the irrigation of said lands, • ith all appurtenances. •la S aA 1,11 1 i F BARGAIN AND SALE DEED 491 THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "Property") from the individual named below as GRANTOR to the individual named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE. THE SPECIFIC TERMS OF THIS DEED ARE: GRANTOR: Mary Phyllis Patterson GRANTEE: Mary Phyllis Patterson Revocable Trust Agreement dated September 28, 2001 Property Description: An undivided 1/3 interest in: The N1/2 of the S1/2 of Section 5 and a certain tract described as follows: Beginning at the Southwest corner of said Section 5, thence north 80 rods, thence east 110 rods, thence south 80 rods and thence west 110 rods to the place of beginning containing 55 acres more or less. Also a certain tract of land in Section 8 described as follows: Beginning at the northwest corner of said Section 8, thence east 27 rods, thence south 26 rods, thence westerly 27 rods, and thence north 25 rods to the place of beginning, containing 4 and 1/3 acres, more or less; all of said lands lying in Township 4 north, Range 68 West of the 6th P.M. , Weld County, Colorado; and An undivided '* interest in: The NW1/4 of Section 5, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Consideration: None. For estate planning purposes . 1111111 11111 1111111 101 11111 Illil 111111 III 11111 III 1111 2900401 11/14/2001 12:33P JA Suki Tsukamoto 1 of 2 R 10.00 0 0.00 Weld County CO After recording,return to: 1008 Centre Ft.Collins,CO Avenue I all 111111111111 IIII 111 11111 III 11111 IIII 1111 2900401 11/14/2001 12:33P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County Co The Grantor has executed this Bargain and Sale Deed as of the 5'6 day of A/c it7/1/36/e_ , 2001 . [Mary Phyllis Patterson, Grantor STATE OF WYOMING ) ss . COUNTY OF UINTA The foregoing instrument was acknowledged before me this day of NOVEIi Q, , 2001, by Mary Phyllis Patterson. WITNESS my hand and official seal . My commission expires: Notary P lic NANCY MAllELLA y NotuyPunic-SLteot A nwacoPr,COUNry i My«*I pis Sept.26.2C04 After recording,return to: Wolfe&Magid,LLP 1008 Centre Avenue Ft_CodW*CO 80526 1111111111111111111III111111IIII1111111III11111IIII IIII 2990536 09/26/2002 11:41A Weld County, CO 1 of 4 R 21.00 0 30.47 J.A. "Suki"Tsukamoto 536 WARRANTY DEED THIS DEED, Made this 2 day of September, 2002 between Mary Phyllis Patterson Revocable Trust Agreement dated September 28, 2001, Bruce A. Peterson and Velma L. Peterson, Trustees of the Bruce A..Peterson Living Trust dated December 30, 1992 and Genevieve P. Clark Revocable Trust, Genevieve Clark, Trustee afxbrx eculsdwaif grantor,and Twin View Estates, LLC, a Colorado Limited Liability 206 Fjy~ si ,$0.4,/7 Company whose legal address is 3555 Stanford Road, Ste. 204 Fort Collins, CO 80525 oldie County of Larimer and State of Colorado ,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of Ten and No/100 —DOLLARS,( $10.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld ,and State of Colorado, described as follows: The Northwest Quarter of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. also known by street and number as vacant ground 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 grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens, taxes,assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review), of the contract dated June 19, 2002 The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Signature and acknowledgement pages attached hereto and made a part hereof. STATE OF COUNTY OF )ss. The foregoing instrument was acknowledged before me this day of by My Commission expires: Witness my hand and official seal. Notary Public WARRANTY DEED Far Photopaphic Record)1assrwwq I111111111111111111 III 111111 11111111111 III 11111 IIII IIII 2990536 09/26/2002 11:41A Weld County,CO 2 of 4 R 21.00 0 30.47 J.A."Sold"Tsukamoto Genevieve P. Clark Revocable Trust By a. . Genevieve Clark, Trustee State of Michigan ) ss County of (:),44/( ) The foregoing instrument was acknowledged before me this v p2� day of September, 2O02, by Genevieve Clark as Trustee of the Genevieve P. Clark Revocable Trust. Witness my hand and official seal. GILuAN OAt NAN Notary P .l is NOTARY PUB 1e,17 «••'�"" My Commission expirellY O .. ,. C.: `'. t 1 ti`� ........... v,, immmEm 111111111111111111 11111111111111111111 III 1111111111111 2990536 09/26/2002 11:41A Weld County, CO 3 of 4 R 21.00 0 30.47 J.A."Suld"Tsukamoto Bruce A. Peterson Living Trust dated December 3O, 1992 BY i(� 7'� e ' a. Bruce A. Peterson, Trustee ByV V ,.t'-� o` Velma L. Peterson, Trustee State of Oklahoma ' ) ss County of 11osAi"c'/ta ) The foregoing instrument was acknowledged before me this v.7 3 ryt day of September, 20O2, by Bruce A. Peterson and Velma L. Peterson as Trustees of the Bruce A. Peterson Living Trust dated December 30, 1992. Witness my hand and official seal. k d<1.00id _�IsQ�O Notary Public Qon,K"ik000 rg My Commission expires:y , 111111111111111111111111111111111111111 III111111111Ill! 29901536 09/26/2002 11:41A Weld County, CO 4 of 4 R 21.00 D 30.47 J.A. "Suki"Tsukamoto Mary Phyllis Patterson Revocable Trust Agreement dated September 28, 2001 By\.1,, 4i / •' ` e (.f C'o !`i2.4/0Cvl.1 Mary Ph/llis datterson, Trustee State of Wyoming ) 8s County of ) The forgoing instrument was acknowledged before me this ,) Z4/ day of September, 2002, by Mary Phyllis Patterson as Trustee of the Mary Phyllis Patterson Revocable Trust Agreement dated September 28, 2001. Witness my hand and official seal. iRAM . i Notary Public My Commission expires: y. J'•' '.BoU:7 F 4__ i. i sSt $F 3.. 8 v s MAnugen November 4'ember 4.2.004 4 €.?_ Whom It Via'-:concern', LLt a I�ThinnsonAter District Ftr3F.TEi!cc is_ ;:T a=ervi trs 3"win i,T_3=- I-Cam`tev-v.c 23610 Weld ColInty Road 3 1.1 T p if 1851 Yours truly, .--1/Thr)c-- Ct9O7 vim— meD DAVIDSON • IARAIX)SOO BTAR&OPIATE ARTICLES OF ORGANIZATION FOR COLORADO LIMITED LIABILITY COMPANY �. �a wry*-..� AA 20.021253360 C1 Twin View Estates LLC $ 1°0.°0 �. SECRETARY OF STATE 09—i3-2002 09:48:47 The undersigned, a natural person of at least 18 years of age, acting as an organizer,hereby forms a limited liability company by virtue of the Colorado Limited Liability Company Act, and adopts the following Articles of Organization for such limited liability company. ARTICLE I Name The name of the limited liability company is Twin View Estates,LLC,hereinafter referred to as"the Company." ARTICLE II Principal Place of Business The initial principal place of business of the limited liability company in this state is 6933 / Sedgwick Drive,Fort Collins,Colorado 80525. ARTICLE III Registered Agent and Business Address The initial registered agent and Organizer of this limited liability company in this state is Burton C. Kross. The initial business address of the Jirnited liability company and the registered agent in this state is 6933 Sedgwick Drive,Fort Collins,Colorado 80525. ARTICLE IV Management Management of the limited liability company is vested in the managers. The name and business address of the initial managers who are to manage the limited liability company until the first annual meeting of the members or until his successor is elected and qualified is as follows: / MPUTER UPDATE OMPLETE Name Address Burton C.Kross 6933 Sedgwick Drive Fort Collins,Colorado 80525 Mark A.Kross 2719 Antelope Drive Fort Collins,Colorado 80525 T.Russell McCahan 801 Hinsdale Drive Fort Collins,Colorado 80526 Stephen C.Greenlee 4926 Kitchell Way Fort Collins,Colorado 80524 ARTICLE V Membership The undersigned organizer certifies that there are at least two members desiring to form a limited liability company. ARTICLE VI • Duration The period of duration of the Company shall be 30 years. ARTICLE VII Purpose The purpose for which this limited liability company is formed is to engage in any and all lawful business. • ARTICLE VIII Continuation Upon the death,retirement,resignation,expulsion,bankruptcy or dissolution of a member or the occurrence of any other event,which terminates the continued membership of a member of the Company,the remaining members may unanimously agree to continue the. business of the Company provided there are at least two remaining members. -2- IN WITNESS WHEREOF,I have signed these Articles of Organization this 5 day of September 2002,and I acknowledge the same to be my true act,and deed. Burton C.Kross, Organizer CONSENT OF REGISTERED AGENT I hereby consent to my appointment as initial Registered Agent of the limited liability company in the State of Colorado in the foregoing Articles of Organization. Ga"Vre Cz Burton C.Kross,Registered Agent Document Filing The name and address of the individual causing the documents to be delivered for filing is as follows: Burton C.Kross,6933 Sedgwick Drive,Fort Collins,Colorado 80525. • -3- • Cf TWIN VIEW ESTATES, LLC OPERATING AGREEMENT THIS OPERATING AGREEMENT is made and entered into effective as of September13, 2002, by and among the undersigned Members who, in consideration of the mutual promises herein contained, agree as follows: ARTICLE I DEFINITIONS The following terms used in this Operating Agreement shall have the following meanings (unless otherwise expressly provided herein); (a) "Act" shall mean the Colorado Limited Liability Company Act set forth in CRS §70-80-101, et seq. (b) "Affiliate" shall mean, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by, or under common control with such Person, (ii) any Person owning or controlling ten percent (10%) or more of the outstanding voting interests of such Person, (iii) any officer, director, or general partner of such Person, or (iv) any Person who is an officer, director, general partner, trustee, or holder of ten percent (10%) or more of the voting interests of any Person described in clauses (i) through (iii) of this sentence. For purposes of this definition, the term "controls," "is controlled by," or "is under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise. (c) "Articles of Organization" shall mean the Articles of Organization of TWIN VIEW ESTATES, LLC, as filed with the Secretary of State of Colorado on September 13, 2002, as the same may be amended from time to time. (d) "Capital Account" as of any given date shall mean the Capital Contribution to the Company by a Member as adjusted up to the date in question pursuant to Article VIII. (e) "Capital Contribution" shall mean any contribution to the capital of the Company in cash or property by a Member whenever made. (f) "Code" shall mean the Internal Revenue Code of 1986 or corresponding provisions of subsequent superseding federal revenue laws. - 1 of 41 Twin View Estates Operating Agreement • (g) "Company" shall mean TWIN VIEW ESTATES, LLC. (h) "Deciding Interest" shall mean a vote by not less than four-fifths (415) of the outstanding Voting Interest of the Company. (i) "Deficit Capital Account" shall mean with respect to any Member, deficit balance, if any, in such Member's Capital Account as of the end of the taxable year, after giving effect to the adjustments required under Section 1.704 of the Treasury Regulations. The definition of Deficit Capital Account is intended to comply with the provisions of all applicable Treasury Regulations, and will be interpreted accordingly. (j) "Depreciation" shall mean, for each fiscal year, an amount equal to the depreciation, amortization, or other cost recovery deduction allowable with respect to an asset for such fiscal year, except that if the Gross Asset Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of such fiscal year, Depreciation shall be an amount which bears the same ratio to such beginning Gross Asset Value as the federal income tax depreciation, amortization, or other cost recovery deduction for such fiscal year bears to such beginning adjusted tax basis; provided, however, that if the adjusted basis for federal income tax purposes of an asset at the beginning of such fiscal year is zero, Depreciation shall be determined with reference to such beginning Gross Asset Value using any reasonable method selected by the Members. (k) "Dissociating Member" shall mean a Member who is undergoing a Dissociation. (1) "Dissociation" shall mean the death, retirement, resignation, expulsion, bankruptcy or dissolution of a Member or occurrence of any other event which terminates the continued membership of a Member in the Company. (m) "Distributable Cash" shall mean all cash, revenues and funds received by the Company, less the sum of the following to the extent paid or set aside by the Company: (i) all principal and interest payments on indebtedness of the Company and all other sums paid to lenders; (ii) all cash expenditures incurred incident to the normal operation of the Company's business; and (iii) such Reserves as the Members deem reasonably necessary to the proper operation of the Company's business. (n) "Economic Interest" shall mean a Member's or Economic Interest Owner's share of the Company's Net Profits, Net Losses and distributions of the Company's assets pursuant to this Operating Agreement and the -2 of 41 Twin View Estates Operating Agreement ! S Act, but shall not include any right to participate in the management, voting,member's meetings, or any of the operating affairs of the LLC. (o) "Economic Interest Owner" shall mean the owner of an Economic Interest who is not a Member. (p) "Entity" shall mean any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative or association or any foreign trust or foreign business organization. (q) "Fiscal Year" shall mean the Company's fiscal year, which shall be the calendar year. (r) "Gifting Member" shall mean any Member or Economic Interest Owner who gifts, bequeaths or otherwise transfers for no consideration (by operation of law or otherwise, except with respect to bankruptcy) all or any part of his Membership Interest or Economic Interest. (s) "Gross Asset Value" shall mean, with respect to any asset, the asset's adjusted basis for federal income tax purposes, except as follows: (i) The initial Gross Asset Value of any asset contributed by a N Member to the Company shall be the gross fair market value of such asset, as determined by the contributing Member and the other Member and the other Members owning a Majority interest (determined without regard to the Voting Interest of such contributing Member), provided that the initial Gross Asset Values of the assets contributed to the Company pursuant to Section 8.1 hereof shall be as set forth in Exhibit"A;" { (ii) The Gross Asset Values of all Company assets shall be adjusted to equal their respective gross fair market values, as determined by the Members as of the following times: (a) the acquisition of an additional interest by any new or existing 0 Member in exchange for more than a de minimis contribution of property (including money); (b)the distribution by the Company to a Member of more than a de minimis amount of property as consideration for a Membership Interest or Economic Interest; and (c) the liquidation of the Company within the meaning of Regulations Section 1.704-1(b) (2) (ii) (g); provided, however, that adjustments pursuant to clauses (a) and (b) above shall be made only if the Members reasonably determine that such adjustments are necessary or appropriate to reflect the relative economic interests of the Members in the Company; -3of41 Twin View Estates Operating Agreement • (iii) The Gross Value of any Company asset distributed to any Member shall be adjusted to equal the gross fair market value of such asset on the date of distribution as determined by the distributee and the Members owning a Majority Interest (determined without regard to the Voting Interest of the distributee Member); and (iv) The Gross Asset Values of Company assets shall be • increased (or decreased) to reflect any adjustments to the adjusted basis of such assets pursuant to Code Section 734(b) or Code Section 743(b), but only to the extent that such adjustments are taken into account in determining Capital Accounts pursuant to Regulation Section 1.704-1(b) (2) (iv) (m) and Section 8.3 and subparagraph (iv) under the definition of Net profits and Net Losses; provided, however, that Gross Asset Values shall not be adjusted pursuant to this definition to the extent the Members determine that an adjustment pursuant to subparagraph (ii) of this definition is necessary or appropriate in connection with a transaction that would otherwise result in an adjustment pursuant to this subparagraph (iv). (v) If the Gross Asset Value of an asset has been determined or adjusted pursuant to subparagraph (i), (ii) or (iv) of this definition, then such Gross Asset Value shall thereafter be adjusted by the Depreciation taken into account with respect to such asset for purposes of computing Net Profits and Net Losses. (t) "Initial Capital Contribution" shall mean the initial contribution to the capital of the Company pursuant to this Operating Agreement. (u) "Majority Vote" Shall mean a majority of the outstanding Voting Interests of the Company. (v) "Majority in Interest of the Remaining Members" shall mean Members (other than the Dissociating Member) holding a majority of the Voting Interests (determined, however, by disregarding the Voting Interest of the Dissociating Member) and a majority of the profits allocated (determined, however, by disregarding the profits allocable to the Dissociating Member) based on any reasonable estimate of profits from the date of the dissociation of the Dissociating Member to the projected termination of the Company, taking into account present and future allocations of profits under the operating agreement as in effect at that time. -4of41 Twin View Estates Operating Agreement 4 (w) "Managers" shall mean one (1) or more Managers. Specifically, "Managers" initially referred to Burton C. Kross, Mark A. Kross, T. Russell McCahan and Stephen C. Greenlee. However, Burton C. Kross, and T. Russell McCahan have been and are hereby removed as Managers, and the "Managers" shall hereafter mean Stephen C. Greenlee and Mark Kross, and any other individuals that succeed them in such capacity. References to the Managers in the singular or as to him, her it, itself, or other like references shall also, where the context so requires, be deemed to include the plural or the masculine or feminine reference, as the case may be. (x) "Member" shall mean each of the parties who executes this Operating Agreement or a counterpart of this Operating Agreement as a Member and each of the parties who may hereafter become Members. If a Person is a Member immediately prior to the purchase or other acquisition by such Person of an Economic Interest, such Person shall have all the rights of a Member with respect to such purchase or otherwise acquired Membership Interest or Economic Interest, as the case may be. (y) "Membership Interest" shall mean a Member's entire interest in the Company including such Member's Economic Interest and such other rights and privileges that the Member may enjoy by being a Member. (z) "Net Profits" and "Net Losses" shall mean for each taxable year of the Company an amount equal to the Company's net taxable income or loss for such year as determined for federal income tax purposes (including separately stated items) in accordance with the accounting method and rules used by the Company and in accordance with Section 703 of the Code with the following adjustments: (i) Any items of income, gain, loss, deduction and tax credit allocated to Members pursuant to Section 9.2 shall not be taken into account in computing Net Profits or Net Losses of this Operating Agreement; (ii) Any income of the Company that is exempt from federal income tax and not otherwise taken into account in computing Net Profits and Net Losses (pursuant to this definition) shall be added to such taxable income or loss; (iii) Any expenditure of the Company described in Section 705 (a) (2) (B) of the Code and not otherwise taken into account in computing Net Profits and Net Losses (pursuant to this definition) shall be subtracted from such taxable income or loss; and -5of41 Twin View Estates Operating Agreement • O (iv) In the event the Gross Asset Value of any Company asset is adjusted pursuant to clause (ii) or (iii) or the definition of Gross Asset Value, the amount of such adjustment shall be taken into account as gain or loss from the disposition of such asset for purposes of computing Net Profits and Net Losses; (v) Gain or loss resulting from any disposition of any Company asset with respect to which gain or loss is recognized for • federal income tax purposes shall be computed with reference to the Gross Asset Value of the asset disposed of, notwithstanding that the adjusted tax basis of such asset differs from its Gross Asset Value; (vi) In lieu of the depreciation, amortization and other cost recovery deductions taken into account in computing such taxable income or loss, there shall be take into account Depreciation for such fiscal year; and (vii) To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Section 734(b) of the Code or Section 743 (b) of the Code is required pursuant to Section 1.704-1(b) (2) (iv) (m) (4) of the Treasury Regulations to be taken into account in determining Capital Accounts as a result of a distribution other than in liquidation of a Membership Interest or Economic Interest, the amount of such adjustment shall be treated as an item of gain (if the adjustment decreases the basis of the asset) from the disposition of the asset and shall be taken into account for purposes of computing Net Profits or Net Losses. (aa) "Operating Agreement" shall mean this Operating Agreement as originally executed and as amended from time to time. (ab) "Person" shall mean any individual or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such"Person" where the context so permits. (ac) "Property" shall mean about 371 acres of real property located in Weld County, Colorado, which real property is more fully described on the attached Exhibit "A" "Legal Description". The property also includes the following irrigation rights: 30 shares of Consolidated Home Ditch, 205 a.f. units of Colorado Big Thompson Diversion water, and 9 shares of Handy Ditch. All of the mineral rights associated with the real property are also included in the property. 6 of 41 Twin View Estates Operating Agreement • • (ad) "Reserves" shall mean, with respect to any fiscal year, funds set aside or amounts allocated during such period to reserves which shall be maintained in amounts deemed sufficient by the Managers to meet the Company's financial obligations in a timely manner or for the proper operation of the Company's business, including without limitation, working capital, contingencies, taxes, insurance, debt service, capital improvements, maintenance, repair and replacement, or other costs or expenses incident to the ownership or operation of the Company's business. (ae) "Selling Member" shall mean any Member or Economic Interest Owner which sells, assigns, or otherwise transfers for consideration all or any portion of his Membership Interest or Economic Interest. (af) "Sharing Ratio" shall mean the sharing ratio of each Member as follows: Member Sharing Ratios Burton C. Kross 1/5 T. Russell McCahan 1/5 Stephen C. Greenlee 1/5 Mark A. Kross 1/5 Thomas J. Peterson 1/5 (ag) "Transferring Member" shall jointly mean a Selling Member and a Gifting Member. (oh) "Treasury Regulations" shall include proposed, temporary and final regulations promulgated under the Code in effect as the date of filing the Articles of organization and the corresponding sections of any regulations subsequently issued that amend or supersede such regulations. (ai) "Voting Interests" shall mean the percentage of.votes equal to a Member's Sharing ratio. ARTICLE II FORMATION OF COMPANY 2.1 Formation. The Company was formed under and pursuant to the provisions of the Act by filing with the Colorado Secretary of State on September 13, 2002, the Articles of Organization of the Company. 2.2 Name. The name of the Company is TWIN VIEW ESTATES, LLC. - 7 of41 Twin View Estates Operating Agreement • • 2.3 Principal Place of Business. The principal place of business of the Company within the State of Colorado shall be 3555 Stanford Road — Suite 204, Fort Collins, CO 80525. The Company may locate its places of business and registered office at any other place or places as the Members may from time to time deem advisable. 2.4 Registered Office and'Registered Agent. The Company's initial registered office shall be 3555 Stanford Road — Suite 204, Fort Collins, CO 80525. The initial registered agent shall be Stephen C. Greenlee. The registered office and registered agent may be changed from time to time by filing the address of the new registered office and /or the name of the new registered agent with the Colorado Secretary of State pursuant to the Act. 2.5 Term. The term of the Company shall be thirty (30)years from the date of the filing of the Articles of Organization with the Colorado Secretary of State, unless the Company is earlier dissolved in accordance with either the provisions of this Operating Agreement or the Act. t ARTICLE III BUSINESS OF COMPANY The business of the Company shall be: (a) To acquire, own, develop, lease, sell, exchange and otherwise deal in and with real property and personal property in Colorado, of whatsoever kind and nature, including without limitation,the Property. (b) To accomplish any lawful business or activity whatsoever, or which shall at any time appear conductive to or expedient for the protection or benefit of the Company and its assets. (c) To exercise all other powers necessary to or reasonably connected with the Company's business which may be legally exercised by limited liability companies under the Act. (d) To engage in all activities necessary, customary, convenient, or incident to any of the foregoing. ARTICLE IV NAMES AND ADDRESSES OF MEMBERS The names and addresses of the Members are as follows: NAME ADDRESS -8 of 41 Twin View Estates Operating Agreement S T. Russell McCahan 801 Hinsdale Drive Fort Collins, CO 80526 Stephen C. Greenlee 4926 Kitchell Way Fort Collins, CO 80524 Mark A. Kross 2719 Antelope Drive Fort Collins, CO 80525 Burton C. Kross 6933 Sedgwick Drive Fort Collins, CO 80525 Thomas J. Peterson 1718 Scarborough Drive Fort Collins, CO 80526 ARTICLE V RIGHTS AND DUTIES OF MANAGERS 5.1 Management. The business and affairs of the Company shall be managed by its Managers. The Managers shall direct, manage and control the business of the Company to the best of their ability. Except for situations in which the approval of the members is expressly required by this Operating Agreement or by non-waivable provisions of applicable law, the Managers shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. At any time when there is more than one (1) Manager, actions must be taken jointly by at least two (2) Managers (unless the approval of more Managers is expressly required pursuant to the provisions of this Operating Agreement, Resolutions ratified by the Members, or the Act). Notwithstanding the foregoing, any one (1) Manager may execute and deliver documents and otherwise act on behalf of the Company when authorized to do so, in writing, with respect to a specific transaction or transactions, by the other Manger(s) or by a Deciding Interest of the Members. 5.2 Number, Tenure and Qualifications. The Company shall initially have two (2) Managers. The number of Managers of the Company shall be fixed from time to time by the affirmative vote of Members holding a Deciding Interest, but in no instance shall there be less than one (1) Manager. Each Manager shall hold office until the next annual meeting of Members or until his successor shall have been elected and qualified. Managers shall be elected by the affirmative vote of Members holding at least four-fifths (4/5) of the Members' interest entitled to vote. Managers need not be residents of the State of Colorado or Members of the Company. -9of41 Twin View Estates Operating Agreement • 0 5.3 Certain Powers of Managers. Without limiting the generality of Section 5.1 above,the Managers shall have power and authority, on behalf of the Company: (a) To acquire real and personal property from any Person upon affirmative vote of all Members. The fact that a Manager or a Member is directly or indirectly affiliated or connected with any such Person shall not prohibit the Managers from dealing with that Person; (b) Subject to the restrictions set forth in Section 5.8, to borrow money for the Company from banks, other lending institutions, the Managers, Members, or Affiliates of the Managers or Members on such terms as the Managers deem appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure payment of the borrowed sums. No debt shall be contracted of liability incurred by or on behalf of the Company except by the Managers, or to the extent permitted under the Act, by agents or employees of the Company expressly authorized to contract such debt or incur such liability - by the Managers; (c) To purchase liability and other insurance to protect the Company's property and business; (d) To hold and own any Company real and/or personal properties in the name of the Company; • (e) To invest any Company funds temporarily (by way of example, but not limitation) in time deposits, short-term governmental obligations, commercial paper or other investments; (f) Upon the affirmative vote of four-fifths (4/5) of the Members, to sell or otherwise dispose of all or substantially all of the assets of the Company as part of a single transaction or plan so long as such disposition is not in violation of or a cause of a default under any other agreement to which the Company may be bound; (g) To execute on behalf of the Company all instruments an documents, including, without limitation, checks; drafts; notes and other negotiable instruments; mortgages or deeds of trust; security agreements; financing statements; documents providing for the acquisition, mortgage or disposition of the company's property; deed; assignments; bills of sale; leases; partnership agreements, operating agreements of other limited liability companies; and any other instruments or documents necessary, in the opinion of the Managers,to conduct the business of the Company; (h) To employ accountants, legal counsel, managing agents or other 10 of 41 Twin View Estates Operating Agreement • • experts to perform service for the Company and to compensate them from Company funds; (i) To enter into and perform contracts and agreements of any kind necessary or desirable for the development, management, maintenance and operation of the Company or its property, including joint venture agreements, partnership agreements and any other agreements; to enter into any and all other agreements on behalf of the Company, with any other Person for any purpose, in such forms as the Managers may approve; (j) To carry out all directions of the Members, when passed by a proper vote of the required interests in the Company, and documented with a written Resolution of the Members; (k) To poll the Members on their desires relative to the Company business and all matters requiring voting; (1) To maintain adequate Reserves out of earnings, receipts from contributions, assessments, property sales, rental income from leases, promissory note payments, etc., for payment of various obligations of the Company and for the purpose of paying property taxes, insurance premiums, loan payments and other expenses of the Company; (m) To compromise, settle or submit to arbitration, and to institute, prosecute and defend any and all actions or claims in favor of or against the Company or relating to its business or assets; (n) To do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business. $ Unless authorized to do so by this Operating Agreement or by a Manager or M' nagers of the Company, no attorney-in-fact, employee or other agent of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or to render it liable pecuniarily for any purpose. No Member or Economic Interest Owner shall have any power or authority to bind the Company unless the Member or Economic Interest Owner has been authorized by the Managers to act as an agent of the Company in accordance with the previous sentence. 5.4 Liability for Certain Acts. Each Manager shall perform his duties as a Manager in good faith, in a manner he reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. A Manager who performs the duties as Manager shall not have any liability by reason of being or having been a Manager of the Company., A Manager does not, in any way, guarantee the return of a Member's Capital Contribution or a profit for the Members from the operations of the Company. A Manager shall not be 11 of41 Twin View Estates Operating Agreement • • o 0 liable to the Company or to any Member for any loss or damage sustained by the Company or any Member, unless the loss or damage shall have been the result of fraud, deceit, gross negligence, willful misconduct, breach of this Agreement or a wrongful taping by the Manager. 5.5 Manager's Meetings/Consents. A regular meeting of the Managers of the Company shall be held, without other notice than this Operating Agreement, immediately after and at the same place as the annual meeting of Members. The Managers may provide, by resolution, the time and place for the holding of additional regular meetings without other notice than the resolution. Special meeting of the Managers may be called at any time by a Manager (if there are only one [1] or two [2] Managers) or any two (2) Managers (if there are more than two [2] Managers). The person or persons authorized to call special meetings of the Managers may fix the time and place for holding any special meeting called for them. Participation in a meeting of the Managers may be by means of conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. Unless otherwise provided by law, any action required to be taken at a meeting of the Managers, or any other action which may be taken at a meeting of the Managers, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the Managers entitled to vote with respect to the subject matter thereof. 5.6 Other Interests. A Manager shall not be required to manage the Company as his sole and exclusive function and may have other business interests and may engage in other activities in addition to those relating to the Company, including, but not limited to, the rendering of advice or services of any kind to other investors and the making or management, either alone or in conjunction with others, of other investments similar or dissimilar to the Company's business. Neither the Company nor any Member shall have any right, by virtue of this Agreement, to share or participate in such other investments or activities or in the income or proceeds derived therefrom. The pursuit of such ventures, even if directly competitive with and damaging to the business of the Company, shall not obligate the Manager to present any particular investment opportunity to the Company or the Members even if such opportunity is or a character which, if presented to the Company, could be taken by the Company, and the Manager and shareholders, officers, directors, agents and employees of the Manager shall, without notice to the Company or any of its Members, have the right to take such investment for their own account (individually or as a trustee), as the case may be, or to recommend any such particular investment opportunity to any other person whatsoever. 5.7 Dealings with the Company. (a) A Manager shall have the right and authority to enter into 12 of41 Twin View Estates Operating Agreement 9 • o agreements, contracts or arrangements and otherwise deal with, and to hire or employ, on behalf of the Company, any "Affiliate" of the Manager and/or the spouse of the Manager in the conduct of the business of the Company, provided that such transaction or transactions shall be on a V basis which is fair and reasonable to the Company. (b) The validity of any transaction, agreement or payment involving the Company and any Affiliate of a Manager and/or spouse of the Manger which is fair and reasonable to the Company and is otherwise permitted by the terms of this Operating Agreement shall not be affected by reason of the relationship between the Company or the Manager and such Affiliate and/or family members. (c) The Managers specifically are authorized to enter into contracts with BMAK AgCon Services, LLC to provide certain management and custom farm contractor services for the Company. Members Burton Kross and Mark Kross own BMAK AgCon Services,LLC. (d) The Managers specifically are authorized to enter into contracts with Stanford Real Estate, L.L.C. to provide certain management and marketing services for the Company. Members Stephen Greenlee, Russell McCahan, and Thomas Peterson own Stanford Real Estate, L.L.C. 5.8 Limitation on Authority and Powers of Manager. Notwithstanding anything in this Operating Agreement to the contrary,the Managers shall not, without the prior written consent of all Members in the Company have the authority to: (a) Do any act in contravention of this Operating Agreement; (b) Do any act which would make it impossible to carry on the ordinary business of the Company; (c) Posses Company property or assign their rights in specific Company property for other than a Company purpose; (d) Alter the primary purpose of the Company or voluntarily elect to dissolve the Company other than as a result of a sale or disposition • of assets; (e) Knowingly perform any act which would subject any Member to personal, unlimited liability in any jurisdiction. Notwithstanding anything in this Operating Agreement to the contrary, the Managers shall not, without the prior written consent of Members holding at least four- - - 13of41 Twin View Estates Operating Agreement • fifths (4/5) of the Voting Interest in the Company, have the authority to borrow any amounts on behalf of the Company, or issue evidences of indebtedness on behalf of the Company (for any amounts), or encumber assets of the Company to secure any indebtedness. 5.9 Bank Accounts. The Managers may from time to time open bank accounts in the name of the Company, and the Managers shall be the sole signatories thereon,unless the Managers shall determine otherwise. 5.10 Indemnity of Managers, Employee and Other Agents. To the maximum extent permitted under Section 7-80-410 of the Act, the Company shall indemnify the Managers and make advances for expenses to the maximum extent permitted under Section 7-80-410 of the Act. The Company shall indemnify its employees and other agents who are not Manager to the fullest permitted by law, provided that such indemnification in any given situation is approved by Members owning a Deciding Interest. 5.11 Resignation. Any Manager of the Company may resign at anytime by giving written notice to the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member. 5.12 Removal. At a meeting called expressly for that purpose, all or any lesser number of Managers may be removed at any time, with or without cause, by the affirmative vote of Members holding the Deciding Interest in the Company, with the current Managers having the right to participate in such vote if said Managers have an ownership interest in the Company. The removal of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member. 5.13 Vacancies. Any vacancy occurring for any reason in the position of Manager of the Company may be filled by the affirmative vote of a majority of the remaining Managers then in office, provided that if there are no remaining Managers, the vacancy(ies) shall be filled by the affirmative vote of Members holding at least a majority of the Members' interest entitled to vote. Any Manager's position to be filled by reason of an increase in the number of Managers shall be filled by the affirmative vote of the majority of the Managers then in office or by an election at the annual meeting or at a special meeting of Members called for that purpose or by the Members' unanimous written consent. A Manager elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office and shall hold office until the expiration of such term and until his successor shall be elected and shall qualify or until his earlier death, resignation or removal. A Manager chosen to fill a position resulting from an increase in the number of Managers shall hold office until the next annual meeting of Members and - 14 of 41 Twin view Estates Operating Agreement • until his successor shall be elected and shall qualify, or until his earlier death, resignation or removal. 5.14 Salaries. The salaries and other compensation of the Managers, if any, shall be fixed from time to time by an affirmative vote of Members holding at least a Deciding Interest, and no Manager shall be prevented from receiving such salary or other compensation by reason of the fact that he is also a Member of the Company. ARTICLE VI RIGHTS AND OBLIGATIONS OF MEMBERS 6.1 Limitation of Liability. Each Member's liability shall be limited as set forth in this Operating Agreement,the Act and other applicable law. 6.2 Company Debt Liability. A Member will not be personally liable for any debts or losses of the Company beyond his respective Capital Contributions and any obligation of the Member under Section 8.1 or 8.3 to make Capital Contributions except as provided in Section 6.6 herein or as otherwise required by law. Notwithstanding the foregoing, each of the Members hereby covenants and agrees to execute such personal guarantees of any loans as may be required from time to time by lender(s) providing financing for the purpose of acquisition and the development of the Property by the Company, and the refinancing of any such loan(s). 6.3 List of Members. Each Member shall be entitled to a list showing the names, addresses and Membership Interests and Economic Interests of all Members and Economic Interest Owners. 6.4 Company Books. In accordance with Section 9.9 herein, the Members shall maintain and preserve, during the term of the Company, and for five (5) years thereafter, all accounts, books and other relevant Company documents. Upon reasonable request, each Member and Economic Interest Owner shall have the right, during ordinary business hours, to inspect and coyly such Company documents at the requesting Member's and Economic Interest Ova Tier's expense. 6.5 Priority and Return of Capital. Except as may be expressly provided in Article IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either as to the return of Capital Contributions or as to Net Profits,Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company. 6.6 Liability of a Member to the Company. A Member who receives any distribution is liable to the Company only to the extent now or hereafter provided by the Act. 15of41 Twin View Estates Operating Agreement Hello