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Home My WebLink About20041204.tiff CORRECTED RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #3502 - DANIEL OCHSNER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners,pursuant to its authority under Section 30- 28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption#3502,does not come within the purview of the definition of the terms, "subdivision"and "subdivided land," and WHEREAS,the request for Recorded Exemption#3502 was submitted by Daniel Ochsner, 18905 Weld County Road 394, LaSalle, Colorado 80645, for property which is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption#1335;being part of the SE1/4 of Section 30, Township 5 North, Range 65 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 5 acres and 3 acres, and WHEREAS, at a hearing before the Board on the 10th day of November, 2003, and at the request of the applicant, the Board deemed it advisable to continue this matter to November 24, 2003; at said hearing on November 24, 2003, with only three Commissioners present, and at the request of the applicant, this matter was again continued to January 12, 2004; and at said hearing on January 12, 2004,the Board, having heard all of the testimony of those present,again continued this matter to July 12, 2004, at 9:00 a.m., to allow the applicant time to apply for an amendment to Use by Special Review Permit#878, since the outcome of such matter may affect this application, and WHEREAS,at the request of Jacqueline Johnson, attorney for the applicant, by Resolution on April 12,2004,the Board deemed it advisable to reschedule this matter to April 21,2004, at 9:00 a.m., and WHEREAS, at said hearing on the 21st day of April, 2004, the Board heard all of the testimony of those present and, having been fully informed, deemed it advisable to approve Recorded Exemption #3502. 2004-1204 RE3502 CC RE #3502 - DANIEL OCHSNER PAGE 2 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 #3502 by Daniel Ochsner is, approved conditional upon the following: 1. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-30-4 RE-3502 B. The plat shall indicate the floodway boundary as indicated on FEMA Flood Boundary and Floodway Map,Community panel number 080266 0009, panel 9 of 14, dated September 28, 1990. C. The applicant shall submit an updated joint ownership, access and/or operation maintenance agreement for the shared well, to be approved and reviewed by the County Attorney's Office.This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included. D. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to State Highways. In a referral dated March 3, 2003 CDOT has indicated the lots will not be allowed use of the access to State Highway 85. Further, previous land use applications on the property have been approved conditioned upon the access being from Weld County Road 394 via the private drive (Old U.S. Highway 85). In a letter contained in the application for Recorded Exemption 1335, the applicant's attorney states, "In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is limited to the residence." A referral response from the State of Colorado Division of Highways stated "Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways. The fencing of the resulting Lot A would cut the numbers of vehicles using the access to only those trips generated by one single family dwelling.The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future,any change of use of the property other than that of single family dwelling would require an access permit from this office". Further, Use by Special Review Permit 878, Development Standard number 11 states,"The access route to the Use by Special Review activity shall be from Weld County Road 394 via the private drive(old U.S. Highway 85). A fence or barricade shall be maintained at all times,to prevent access onto or from U.S. Highway 85." The applicant shall submit a plan for limiting direct access to State Highway 85 to the residence on Lot A of Recorded 2004-1204 RE3502 RE #3502 - DANIEL OCHSNER PAGE 3 Exemption #1335 only. Lots A and B shall be granted access from Weld County Road 394,via the private drive(old U.S. Highway 85), as previously approved. No additional accesses shall be granted. E. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. F. All approved accesses shall be clearly shown on the plat. G. The sign located on Highway 85 advertising the recreational facility shall be removed. H. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. The applicant shall submit a Non-conforming Use application for all structures located within the Floodway. J. The applicant is proposing to include additional acreage along the northern property line to ensure that all structures lie within the lot and meet setbacks. This lot line adjustment shall be addressed to the satisfaction of the Weld County Attorney's Office. K. LotA and Lot B shall comply with the one(1)acre minimum lot size required by Section 24-8-80.E of the Weld County Code. L. A total of 100 feet from the centerline of State Highway 85 shall be delineated right-of-way on the plat. M. 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. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 2004-1204 RE3502 RE #3502 - DANIEL OCHSNER PAGE 4 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate Zoning and Building Permits. 3) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0638 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 4) All but a very small portion of Lot A lies within the floodway district. The only structures allowed in a floodway are agricultural exempt buildings.All structures not considered agricultural exempt including the existing residence will not be eligible for further building permits or septic permits for new construction. 5) The Floodway District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. 6) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 7) 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. 8) 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. 9) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 2004-1204 RE3502 RE #3502 - DANIEL OCHSNER PAGE 5 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) Structures and septic systems located within the floodway as designated on FEMA Flood Boundary and Floodway Map,Community panel number 080266 0009, panel 9 of 14 are nonconforming and must comply with Section 23-7-40 of the Weld County Code. 12) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. 14) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 2. 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 of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 3. 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. 2004-1204 RE3502 RE #3502 - DANIEL OCHSNER PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 21st day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS Wr D UKTY,CORADO ST: 4 EL w M4VaAtalt Robert D. asden, Chair • qty Clerk to the Board 71;71( 1861 If?!!4 William H. J e, Pro-Tem Clerk to the Board ®=Nccr M. J eile A OV AS R David . Long M(.fhty Attornaly Glenn Vaad Date of signature: 'g/11/ate 2004-1204 RE3502 Planning Staff is recommending the deletion of all conditions noted in red and the addition of all conditions noted in blue 1. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-30-4 RE-3502 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate any septic permits for the septic systems located on Lot A and Lot B. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. The plat shall indicate the floodway boundary as indicated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14, dated September 28, 1990. D. The applicant shall designate septic system replacement envelopes for all septic systems on each lot. All septic systems must be located on their respective lots, outside of the floodway and meet all lot line setback requirements. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. E. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24- F.E shall be included. F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. In a referral dated March 3, 2003 CDOT has indicated the lots will not be allowed use of the access to State Highway 85. Further, previous land use applications on the property have been approved conditioned upon the access being from Weld County Road 394 via the private drive (Old U.S. Highway 85). In a letter contained in the application for Recorded Exemption 1335, the applicants attorney states"In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is E I limited to the residence."A referral response from the State of Colorado Division of Highways stated "Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways. The fencing of the resulting Lot A would cut the numbers of vehicles using the access to only those trips generated by one single family dwelling. The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future, any change of use of the property other than that of single family dwelling would require an access permit from this office". Further, Use by Special Review Permit 878, Development Standard number 11 states"The access route to the Special Review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85). A fence or barricade shall be maintained at all times, to prevent access onto or from U.S. Highway 85." The applicant shall submit a plan for limiting direct access to State Highway 85 to the residence on Lot A of RE-1335 only. Lot A and Lot B shall be granted access from Weld County Road 394 via the private drive (old U.S. Highway 85) as previously approved. No additional accesses shall be granted. G. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. All approved accesses shall be clearly shown on the plat. The applicant shall submit a letter requesting the vacation of Use by Special Review Permit 878 for a recreational facility. J. The sign located on Highway 85 advertising the recreational facility shall be removed. K. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. L. The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH #575, for temporary accessory farm use, is principally employed at or engaged in the farming operation on the subject property in accordance with Section 24-4-170 of the Weld County Code. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Weld County Department of Planning Services. Failure to submit the required documentation may result in the cessation of the allowance of the mobile home for temporary accessory farm use. M. The second residential structure located on proposed Lot B was permitted as an accessory to the recreational facility permitted by Use by Special Review Permit 878.The applicant shall submit an application for a Zoning Permit for a Mobile Home for a principal residence. A fee will not be required. N. The applicant shall submit a non-conforming use application for all structures located within the Floodway. O. As directed by FEMA, the applicant shall submit a No-Rise Certification to the Weld County Planning Department for review. Should the requirements of the Certificate not be met the applicant shall do a CLOMR and then a LOM R to ensure the structures are outside of the Floodway or the structures shall be removed. P. The applicant is proposing to include additional acreage along the northern property line to ensure that all structures lie within the lot and meet setbacks. This lot line adjustment shall be addressed to the satisfaction of the Weld County Attorney's Office. Q. • Lot A and Lot B shall comply with the one (1) acre minimum lot size required by Section 24- 8-80.E of the Weld County Code. R. A total of 100 feet from the centerline of State Highway 85 shall be delineated right-of-way on the plat. S. 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. T. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0638 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 4) All but a very small portion of Lot A lies within the floodway district. The only structures allowed in a floodway are agricultural exempt buildings. All structures not considered agricultural exempt including the existing residence will not be eligible for further building permits or septic permits for new construction or repair. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) 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. 7) 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. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) Structures and septic systems located within the floodway as designated on FEMA Rood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14 are nonconforming and must comply with Section 23-7-40 of the Weld County Code. 11) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 12) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. (Ordinance 2002-11) 14) 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. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 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. 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 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@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. Planning Staff is recommending the deletion of all conditions noted in red and the addition of all conditions noted in blue 1. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-30-4 RE-3502 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate any septic permits for the septic systems located on Lot A and Lot B. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. The plat shall indicate the floodway boundary as indicated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14, dated September 28, 1990. D. The applicant shall designate septic system replacement envelopes for all septic systems on each lot. All septic systems must be located on their respective lots, outside of the floodway and meet all lot line setback requirements. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. E. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an certificate using the language set forth in the Weld County Code, Appendix 24- F.E appropriate shall be included. F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. In a referral dated March 3, 2003 CDOT has indicated the lots will not be allowed use of the access to State Highway 85. Further, previous land use applications on the property have been approved conditioned upon the access being from Weld County Road 394 via the private drive (Old U.S. Highway 85). In a letter contained in the application for Recorded Exemption 1335, the applicants attorney states"In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is limited to the residence."A referral response from the State of Colorado Division of Highways stated "Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways. The fencing of the resulting Lot A would cut the numbers of vehicles using the access to only those trips generated by one single family dwelling. The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future, any change of use of the property other than that of single family dwelling would require an access permit from this office". Further, Use by Special Review Permit 878, Development Standard number 11 states"The access route to the Special Review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85). A fence or barricade shall be maintained at all times, to prevent access onto or from U.S. Highway 85." The applicant shall submit a plan for limiting direct access to State Highway 85 to the residence on Lot A of RE-1335 only. Lot A and Lot B shall be granted access from Weld County Road 394 via the private drive(old U.S. Highway 85) as previously approved. No additional accesses shall be granted. G. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. All approved accesses shall be clearly shown on the plat. The applicant shall submit a letter requesting the vacation of Use by Special Review Permit 878 for a recreational facility. J. The sign located on Highway 85 advertising the recreational facility shall be removed. K. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. L. The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH #575, for temporary accessory farm use, is principally employed at or engaged in the farming operation on the subject property in accordance with Section 24-4-170 of the Weld County Code. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Weld County Department of Planning Services. Failure to submit the required documentation may result in the cessation of the allowance of the mobile home for temporary accessory farm use. M. The second residential structure located on proposed Lot B was permitted as an accessory to the recreational facility permitted by Use by Special Review Permit 878.The applicant shall submit an application for a Zoning Permit for a Mobile Home for a principal residence. A fee will not be required. N. The applicant shall submit a non-conforming use application for all structures located within the Floodway. O. ,A direct by�EMAAhe scant shat submit'�No-R' e Certification to th 'Weld C unty Plan ' g epartsniiiew. oul the requiretne is of the Certificate of be t the applican hall do a and the LOM R to ens re the structures a outsid of the Floodw or e struII be removed. P. The applicant is proposing to include additional acreage along the northern property line to ensure that all structures lie within the lot and meet setbacks. This lot line adjustment shall be addressed to the satisfaction of the Weld County Attorney's Office. Q. Lot A and Lot B shall comply with the one (1) acre minimum lot size required by Section 24- 8-80.E of the Weld County Code. R. A total of 100 feet from the centerline of State Highway 85 shall be delineated right-of-way on the plat. S. 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. T. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or • 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0638 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 4) All but a very small portion of Lot A lies within the floodway district. The only structures allowed in a floodway are agricultural exempt buildings. All structures not considered agricultural exempt including the existing residence will not be eligible for further building permits or septic permits for new construction or repair. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) 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. 7) 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. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) Structures and septic systems located within the floodway as designated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14 are nonconforming and must comply with Section 23-7-40 of the Weld County Code. 11) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 12) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. (Ordinance 2002-11) 14) 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. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 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. 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 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@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. ES DEPARTMENT OF PLANNING SERVIC We ADMIN RECORED EXEMPTION SDTRATIVE REVIEW COLORADO Applicant: Daniel Lee Ochsner RE-3502 Planner: SL i Legal Description: Lot B RE-1335; being part SE4 Section 30, T5N, R65W of the 61H P.M., Weld County, Colorado Parcel ID#: 0961 30-400014 Lot C Size: n/a Lot B Size: 5 +/- acres Lot A Size: 3 +/- acres Water Source: Shared Well Sewer System: Septic ly Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-30-4 RE-3502 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate any septic permits for the septic systems located on Lot A and Lot B. Any v' existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate,the system must be brought into compliance with current I.S.D.S. regulations. C. The plat shall indicate the floodway boundary as indicated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14, dated September 28, 1990. D. The applicant shall designate septic system replacement envelopes for all septic systems on each lot. All septic systems must be located on their respective lots, outside of the floodway and meet all lot line setback requirements. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. E. The applicant shall submit a joint ownership,access and/or operation maintenance agreement for the shared well.This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included. F. The Colorado Department of Transportation (CDOT)has jurisdiction over all accesses to State Highways. In a referral dated March 3,2003 CDOT has indicated the lots will not be allowed use of the access to State Highway 85. Further,previous land use applications on the property have been approved conditioned upon the access being from Weld County Road 394 via the private drive (Old U.S. Highway 85). In a letter contained in the application for Recorded Exemption 1335, the applicants attorney states "In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is limited to the residence." A referral response from the State of Colorado Division of Highways stated"Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways.The fencing of the resulting Lot A would cut the numbers of vehicles • using the access to only those trips generated by one single family dwelling.The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future,any change of use of the property other than that of single family dwelling would require an access permit from this office". Further, Use by Special Review Permit 878, Development Standard number 11 states"The access route to the Special Review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85). A fence or barricade shall be maintained at all times, to prevent access onto or from U.S. Highway 85." The applicant shall submit a plan for limiting direct access to State Highway 85 to the residence on Lot A of RE-1335 only.Lot A and Lot B shall be granted access from Weld County Road 394 via the private drive(old U.S.Highway 85)as previously approved. No additional accesses shall be granted. G. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. All approved accesses shall be clearly shown on the plat. The applicant shall submit a letter requesting the vacation of Use by Special Review Permit 878 • i • for a recreational facility. J. The sign located on Highway 85 advertising the recreational facility shall be removed. K. The West Greeley Soil Conservation District has provided information regarding the soils on the site.The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. L. The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted by ZP M H#575,for temporary accessory farm use, is principally employed at or engaged in the farming operation on the subject property in accordance with Section 24-4-170 of the Weld County Code.The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Weld County Department of Planning Services. Failure to submit the required documentation may result in the cessation of the allowance of the mobile home for temporary accessory farm use. M. The second residential structure located on proposed Lot B was permitted as an accessory to the recreational facility permitted by Use by Special Review Permit 878.The applicant shall submit an application for a Zoning Permit for a Mobile Home for a principal residence.A fee will not be required. N. The applicant shall submit a non-conforming use application for all structures located within the Floodway. O. Lot A and Lot B shall comply with the one (1) acre minimum lot size required by Section 24-8- 80.E of the Weld County Code. P. A total of 100 feet from the centerline of State Highway 85 shall be delineated right-of-way on the plat. Q. 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. R. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0638 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 4) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S.flood plain policy.In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 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) Potential purchasers should be aware that groundwater may not meetall drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) Structures and septic systems located within the floodway as designated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14 are nonconforming and must comply with Section 23-7-40 of the Weld County Code. 10) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 11) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 12) Effective January 1,2003,Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. (Ordinance 2002-11) 13) 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. 3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 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. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsc@co.weld.co.us. 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. n�Qq /� By LCJt ' G !/ ��Z�/ r Date March 6, 2003 Sheri Lockman • Planner II • • j WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100, Ex-r.3540-FAX(970)304-6498 DATE: 20 RECEIPT 0 916 0 RECEIVED FROM: NO. TYPE FEES 4221 •RE/SE I 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 dCHECK NO: 7J TOTAL BY: 4 i WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • DEPARTMENT OF PLANNING SERVICES t(te 1555 N. 17th Avenue Greeley353 610 , 80631 0 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO January 30, 2003 Daniel Ochsner 18905 CR 394 LaSalle, CO 80645 a Subject: RE-3502 A Recorded Exemption located on a parcel of land described as Lot B RE-1335, SE4 Section30,T5N, R65 w of the 6th P.M., Weld County, Colorado. Dear Mr. Ochsner: 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 Evans,Greeley, LaSalle Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Evans, Greeley, LaSalle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call 970-339-5344, 970-350-9780, 970-284-6931, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, -4/4„,, hen Lockman Planner SHERI Lockman- re-3502 Page 1� From: PAM Smith To: Lockman, SHERI Date: 4/1/03 3:46PM Subject: re-3502 Sheri, I met with Don Tennessen about my comments yesterday and today. The septic permits have been sorted out, all existing houses have septic permits so conditions 1 and 3 are met. The other conditions will be addressed when they submit the rest of the documentation needed. Pam MEMORANDUM Wiae. TO: Board of County Commissioners COLORADO DATE: September 25, 2003 FROM: Sheri Lockman, Planner II SUBJECT: Recorded Exemption 3502 On March 6, 2003 Daniel Ochsner was given a conditional approval by Planning Staff for RE-3502. However, subsequent information that has been submitted by the applicant has shown that staffs approval was based on inaccurate information included in previous applications. Therefor, the Department of Planning Services is forwarding Recorded Exemption 3502 for final review. 2003-3239 Wes/ • Colorado Department of Transportaion 1420 2n°Street Greeley CO 80631 (970)350-2148 Weld County Planning Department PRrr; re n.1FlC[ MemoAUG 1 ZI RECEIVED To: Sheri Lockam—Weld County Front Gloria Hice-Idler CC: file Date: 8/12/2003 Re: Daniel Lee Ochsner—RE-3502 Sheri, At the request of the applicant, I've reviewed this proposal again. I have determined that CDOT's initial request for 100'of right-of-way is inappropriate for this site. CDOT would like to change our request to 75'of right-of-way west of the highway centerline. If you should have any questions,please do not hesitate to contact me. 1 • • Weld County Planning Department GREELEY OFFICE Applicant: Daniel Lee Ochsner 11 2 2003 Parcel ID #: 0961 30-400014 SEP Recorded Exemption No. 0961-30-4 RE-3502 RECEIVED Response to Conditions 2(b). Septic system permits are attached. 2(e). Shared well agreement is attached. 2(f). Signs will be posted to indicate that access to Highway 85 is prohibited for anyone other than the owners of RE-1335, Lot A. 20). The mobile home permitted by ZPMH#575 is no longer on the property. 2(m). Zoning permit for a Mobile Home is attached. 2(n). Non-conforming use applications for structures within the floodway will be submitted to the Planning Department by September 8, 2003. • • cti;;;\:, DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us IE-MAIL: stockman @co.weld.co.us PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO October 9, 2003 Daniel Lee Ochsner 18905 CR 394 LaSalle, CO 80645 • Subject: Recorded Exemption (3502) Legal Description: Lot B RE-1335; being part of the SE4 Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Ochsner: 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 of the Weld County Code. This application is scheduled before the Board of County Commissioners on November 10, 2003 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. I have included a copy of the original staff recommendation. The additional information regarding the location of the floodway will be discussed at the hearing. Please read the Conditions of Approval carefully as they will be referred to at the Board of County commissioners hearing. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Sheri Lockman Planner II • DEPARTMENT OF PLANNING SERVICES 1555 N. 171°AVENUE I GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: slockman@co.weld.co.us WI D C. PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO February 25, 2004 Jacqueline Johnson Witwer, Oldenburg, Barry& Johnson, LLP 822 7`" Street, Suite 760 Greeley, CO 80631 RE: Letter dated February 18, 2004 regarding RE-3502 for Daniel L. Ochsner. Dear Ms. Johnson, The Department of Planning Services will forward your request to the Clerk to the Board for consideration by the Board of County Commissioners for vacation of USR-878. Further, the Board of County Commissioners has jurisdiction over the final conditions for Recorded Exemption 3502. The following Conditions were submitted to the Board for review: 1. Topographic or physical features of the proposed Lot A,such as ravines,ditches,streams etc.may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-30-4 RE-3502 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate any septic permits for the septic systems located on Lot A and Lot B. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. The plat shall indicate the floodway boundary as indicated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14, dated September 28, 1990. D. The applicant shall designate septic system replacement envelopes for all septic systems on each lot.All septic systems must be located on their respective lots, outside of the floodway and meet all lot line setback requirements.Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. E. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well.This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included. F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. In a referral dated March 3,2003 CDOT has indicated the lots will not be allowed use of the access to State Highway 85. Further, previous land use applications on the property have been approved conditioned upon the access being from Weld County Road 394 via the private drive (Old U.S. Highway 85). In a letter contained in the application for Recorded Exemption 1335, the applicants attorney states "In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is limited to the residence."A referral response from the State of Colorado Division of Highways stated"Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways. The fencing of the resulting Lot A would cut the numbers of vehicles using the access to only those trips generated by one single family dwelling. The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future,any change of use of the property other than that of single family dwelling would require an access permit from this office". Further, Use by Special Review Permit 878, Development Standard number 11 states"The access route to the Special Review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85). A fence or barricade shall be maintained at all times, to prevent access onto or from U.S. Highway 85." The applicant shall submit a plan for limiting direct access to State Highway 85 to the residence on Lot A of RE-1335 only. Lot A and Lot B shall be granted access from Weld County Road 394 via the private drive(old U.S. Highway 85)as previously approved. No additional accesses shall be granted. G. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. All approved accesses shall be clearly shown on the plat. The applicant shall submit a letter requesting the vacation of Use by Special Review Permit 878 for a recreational facility. J. The sign located on Highway 85 advertising the recreational facility shall be removed. K. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. L. The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted byZPMH#575,for temporary accessory farm use, is principally employed at or engaged in the farming operation on the subject property in accordance with Section 24-4-170 of the Weld County Code.The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Weld County Department of Planning Services. Failure to submit the required documentation may result in the cessation of the allowance of the mobile home for temporary accessory farm use. M. The second residential structure located on proposed Lot B was permitted as an accessory to the recreational facility permitted by Use by Special Review Permit 878.The applicant shall submit an application for a Zoning Permit for a Mobile Home for a principal residence. A fee will not be required. N. The applicant shall submit a non-conforming use application for all structures located within the Floodway. O. Lot A and Lot B shall comply with the one (1) acre minimum lot size required by Section 24-8- 80.E of the Weld County Code. P. A total of 100 feet from the centerline of State Highway 85 shall be delineated right-of-way on the plat. Q. 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. R. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0638 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 4) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S.flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 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) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) Structures and septic systems located within the floodway as designated on FEMA Flood Boundary and Floodway Map, Community panel number 080266 0009, panel 9 of 14 are nonconforming and must comply with Section 23-7-40 of the Weld County Code. 10) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 11) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 12) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program,Area 3. (Ordinance 2002-11) 13) 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. •• 3. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 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. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. These Conditions of Approval are public record and have been taken under consideration by the Board. Staff has reviewed the unexecuted Quit Claim Deed. The technical aspects of the Deed appear to be fine. Please contact the County Attorney's Office to discuss the timing for recording the deed. It may be more appropriate to incorporate the triangular property into Lot A of RE-3502 if approved by the Board of County Commissioners. Also, staff does have some concerns regarding Mr. Brantners property. The property was only 41.5 acres in size. After the sale of the triangular piece to Mr. Ochsner, the property may be less than 35 acres, which could cause legal complications for Mr. Brantner. Further, numerous small parcels are located adjacent to Mr. Brantners property. It is impossible for staff to determine if Mr. Brantners lot is legal without a certificate of conveyances. Please contact the County Attorney's Office for direction. Sincerely, Sheri Lockman Planner II WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. GREELEY, CO 80631 OF COUNSEL R. SAM OLDENBURG JEFFREY T. BEDINGFIEL0 JOHN J. BARRY JATRUELINE JOHNSON TELEPHONE:(970)352-3161 PATRICK M GROOM FACSIMILE(970)352-3165 TIMOTHY V.CLANCY SENDER'S E-MAIL ADDRESS: yohnson(awobb-Ilp.corn March 2, 2004 Sheri Lockman, Planner II Weld County Department of Planning Services 1555 N. 171h Avenue Greeley, CO 80631 Re: RE-3502 Dear Ms. Lockman: This letter summarizes my understanding of our telephone conversation of March 1,2004,concerning the above referenced matter and your letter of February 25, 2004. You will attempt to secure a hearing date for both the request to vacate USR-878 and consideration of the RE application and will notify me of that date. I indicated that I will be out of the office between March 18`h and March 315`,but I will be available before that time or immediately thereafter. We would like to have the hearing scheduled as soon as possible. With respect to the requirements set forth in Section 2 of your letter, I understand the following: B. This requirement has been met and all septic systems have been permitted. L. This requirement is inapplicable, as a second mobile home will not be permitted. M. Your office has prepared an ZPMH for a principal residence, and you will forward to me a copy of same. N. Your office has prepared a non-conforming use application, and you will forward to me a copy of same. R.(10) This note does not need to be placed on the plat. We did not discuss the following matters in our conversation, but I do want to confirm them with you: WITWER, OLDENBURG, BARRY &JOHNSON, LLP Sheri Lockman, Planner II March 2, 2004 Page 2 1. With respect to paragraph 2.D, it is not possible to designate a septic system replacement envelope for the septic system serving Mr. Oschner's residence that is outside the floodway. 2. With respect to paragraph 2.E, such an agreement was submitted with the original RE application. 3. With respect to the final paragraph of your letter,the triangular piece deeded to Mr.Oschner by Mr. Brantner is approximately 3.168 acres, and theretbre there should be no problem about Mr. Brantner still having a 35 acre parcel. As you requested, I will contact the County Attorney's office to discuss the timing for recording the Quit Claim Deed. Thank you for your attention to these matters. Very truly yours, WITWER OLDENBURG BARRY & JOHNSON, LLP acquelineacqueline Johnson cc: Dan Oschner Bruce Barker 4� • • Kit a DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us C• E-MAIL: stockman@co.weld.co.us O PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO March 9, 2004 Jacqueline Johnson Witwer, Oldenburg, Barry&Johnson, LLP 822 7n Street, Suite 760 Greeley, CO 80631 RE: Letter dated March 2, 2004 regarding RE-3502 for Daniel L. Ochsner. Dear Ms. Johnson, The Department of Planning Services will set a Board of County Commissioners Hearing prior to March 18'" or after March 31s', 2004. The following should address your questions regarding the conditions of approval being reviewed by the Board: B. An e-mail was received by our office from Pam Smith with the Weld County Department of Environmental Health stating that the septic permits have been sorted out. Planning Staff will recommend that condition 2.B be removed. L. This requirement is inapplicable. However, Planning staff will recommend that the applicant contact the Weld County Department of Building Inspection and submit evidence from the Department that the burned mobile home was properly demolished and removed from the property. M. This requirement is inapplicable since the mobile home has been purged and placed on a permanent foundation. Planning staff will recommend this condition be removed. N. Preliminary NCU enclosed. R.10. This requirement is inapplicable. Planning staff will recommend this condition be removed. 2.D. Planning staff will recommend 2.D. be removed. Please note that 2.R.4 states that no septic systems shall be installed within floodway. Planning staff will recommend that no further building permits or septic permits for construction or repair be issued on these properties within the floodway. 2.E. Planning staff can not locate a shared well agreement. Please resubmit. Recently the Board of County Commissioners directed staff to forward cases with shared wells to them for review. They may have additional concerns regarding the shared well. • Staff from the County Attorney's Office and Planning Services have recently scussed this case with representatives from FEMA, who indicated that technically the structures placed in the flood way after September 28, 1990 are in violation. They directed County Staff to require a "No-Rise" Certification. Should the requirements of the Certificate not be met the applicant should do a CLOMR and then a LOMR or remove the structures. I have included a copy of the "No-Rise" Certification for your review and use. Staff will be recommending that this be included as a condition of approval to the Board. It is highly suggested that the "No-Rise" Certification be completed before the Board of County Commissioners hearing. Regarding the property owned by Mr. Brantner, staff can not determine if it was legally created without a certificate of conveyances. Further, staff has concerns that it may no longer be a buildable parcel after selling a portion to Mr. Oschner. Please contact the County Attorney's office to discuss this issue. Planning staff will notify you as soon as a new hearing date is set. Sincerely, /i 1 9 Sheri Lockman Planner II • CC: Monica Mika Bruce Barker Kim Ogle Lee Morrison • • ( ' WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET, SUITE 760 STOW L. WITWER,JR GREELEY, CO 80631 OF COUNSEL R. SAM OLDENBURG JEFFREY T. BEDINGFIELD JOHN J. BARRY TELEPHONE. (970)352-3161 JACQUELINE JOHNSON PATRICK N.GROOM IAIe'd Count,/ Planning UH��') I; i'�D' FACSIMILE(970)352-3165 TIMOTHY V.CLANCY 11 U County Planning SENDERS E-MAIL ADDRESS. GREELEY OFFICE iiohnson@wobb-Ilp.com APR 0 ".` 20 RECEIVED April 5, 2004 Bruce Barker Weld County Attorney 915 10`h Street PO Box 758 Greeley, CO 80632 Re: RE-3502 Dear Bruce: In a letter dated March 9, 2004, Sheri Lockman stated that planning staff could not determine if the property formerly owned by Mr. Brantner was legally created without a certificate of conveyances. Additionally, she expressed concern that"it may no longer be a buildable parcel after selling a portion to Mr. Ochsner." Finally, she directed me to contact your office concerning these matters. Enclosed herewith are the following: 1. A copy of Ms. Lockman's letter. 2. A copy of the recorded Warranty Deed conveying the property from Brantners to Ochsner. 3. A property description prepared by Charles B. Jones stating that the property conveyed contains 3.168 acres. 4. An earlier letter from Ms. Lockman indicating that the Brantner property, prior to conveyance was 41.5 acres in size. 5. A copy of the proposed Quit Claim Deed combining Lot B of RE 1335 and the property conveyed to Ochsner by Brantners in 1999. • • WITWER, OLDENBURG, BARRY & JOHNSON, LLP Bruce Barker Weld County Attorney April 5, 2004 Page 2 The hearing on RE 3502 is scheduled for April 21, 2004. Please advise me if there is anything I need to do with respect to this issue prior thereto. Very truly yours, WITWER OLDENBURG BARRY & JOHNSON, LLP queline Johnson' Encl. cc: Dan Ochsner w/o encl. Sheri Lockman w/o encl. Sheri Lockman From: Jackie Johnson [jjohnson@wobb-Ilp.com] Sent: Thursday, April 15, 2004 5:22 PM To: Sheri Lockman Subject: RE: RE-3502 I do not think there will be a no-rise certificate presented at the hearing. We are consulting with Mr. Pickett about the feasibility and need tor same. Mr. Ochsner should be forwarding the well agreement to you. Original Message From: Sheri Lockman [mailto: slockman@co.weld.co.us] Sent: Thursday, April 15, 2004 3:37 PM To: Jackie Johnson Subject : RE: RE-3502 I will hand the Chair a written copy of suggested language for additional conditions and conditions which need to be deleted at the hearing. The written copy is just to make it easy for the Chair. Those changes will be the same changes that you and I have addressed in previous letters and I will be happy to give you a copy as soon as I have a chance to write it. If at all possible, I would like to review the no-rise certificate and well agreement before the hearing so that I can answer any questions that arise. Original Message From: Jackie Johnson [mailto:jjohnson@wobb-llp. com] Sent: Thursday, April 15, 2004 12: 00 PM To: Sheri Lockman Subject: RE: RE-3502 Dan will be providing the agreement, although he tells me the Department had a copy previously. We are speaking to Mr. Pickett about the no-rise issue, and I have also discussed it with Bruce Barker. Do I correctly understand that the County Commissioners will not be receiving any written information from your department prior to the hearing? Original Message From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Thursday, April 15, 2004 9: 05 AM To: Jackie Johnson Subject : RE: RE-3502 I have not received the shared well agreement. Also, staff will not have a packet. I will be making recommendations in my speech. I am waiting for comments back from the County Attorney's Office on a couple things before I finalize my speech. Has Mr . Ochsner looked into doing a no rise certificate as we suggested? Original Message From: Jackie Johnson [mailto:jjohnson@womb-11p.com] Sent : Thursday, April 15, 2004 9:24 AM To: Sheri Lockman Subject : RE: RE-3502 When will the staff packet be available for me to review? Did you get a copy of the shared well agreement? Original Message From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent : Wednesday, March 17, 2004 3: 44 PM To: Jackie Johnson Cc: Monica Mika Subject : RE: RE-3502 I am waiting to hear back from all the necessary people to set the date. 1 1 will let you know as soon possible. • Original Message From.: Jackie Johnson ]mailto: jjohnson@wobb-1]p. co:n] Sent : Wednesday, March 17, 2004 2 : 41 PM To: Sheri Lockman Subject: RE-3502 Please advise me at your earliest ccnvenience of the dare for the hcarina in the above referenced matter. l2.r. Ochsner is sending you anosher copy of the shared well agreement. • • WITWER, OLDENBURG, BARRY &JOHNSON, LI,, ATTORNEYS AT LAW 622. 7TH STREET.SUITE 760 STOW L. WITwER.JR GREELEY. CO 80631 OF COUNSEL R SAM OLDENBURG JEFFREY T. BEOIN[,FIELO JOHN J BARRY JACQUELINE JOHNSON TELEPHONE (9701 352-3161 PATRICK M.GROOM FACSIMILE(9701 352-3165 TIMOTHY V.CLANCY SENDER'S E-MAIL ADDRESS: llohnson fjwobb-Ilp.com June 3, 2004 Sheri Lockman, Planner II Weld County Department of Planning Services 1555 N. 17`h Avenue Greeley, CO 80631 Re: RE-3502 Dear Ms. Lockman: Chuck Jones of King Surveyor Inc. will be delivering two (2) paper copies of the plat for the above referenced Recorded Exemption for preliminary approval. I am providing the following information, pursuant to the Resolution of approval: 1. I spoke with Bruce Barker about the shared well agreement (Resolution 1.C.). He agrees that it should not be amended until after the plat is recorded. Mr. Ochsner intends to allocate two-fifths (2/5) of the water to each of Lots A and B of the new RE-3502; 2. A letter from Mr. Ochsner to be delivered to the residents of the homes on Lot B directing them not to access the property from Highway 85. Mr. Ochsner will include this requirement in any future leases as well. (Resolution 1.D.) 3. Mr. Ochsner's deed includes an easement to cross the access (old U.S. Highway 85). I presume you have a copy of this deed in your files as it was required when the earlier RE was approved. (Resolution I.E.) 4. The sign on Highway 85 advertising the recreational facility has been removed.(Resolution I.G.) 5. Mr. Ochsner has reviewed the information regarding soils on the site provided by the West Greeley Soil Conservation District and will use it to positively manage on site soils. (Resolution 1.H.) WITWER, OLDENBURG, BARRY &JOHNSON, LLP Sheri Lockman, Planner II June 3, 2004 Page 2 6. It was my understanding that the Department of Planning Services would prepare, at no cost to Mr. Ochsner, a Non-conforming Use application. (Resolution 1.1.) 7. A copy of the recorded Deed concerning acreage along the north line of Lot A has been provided to the Weld County Attorney's Office and a copy is included for you (Resolution I.K.) 8. A Statement of Taxes from the Weld County Treasurer is included herewith. (Resolution 1.M.) Please advise me of any additional materials required by you and/or of any changes you require on the plat. Very truly yours, WITWER OLDENBURG BARRY & JOHNSON, LLP acqueline Johnson cc w/ encl. Dan Ochsner Chuck Jones Bruce Barker .;\•411IIIII • 6 41) DEPARTMENT OF PLANNING SERVICES 1555 N. 17`" AVENUE GREELEY, COLORADO 80631 pWEBSITE: www.co.weld.co.us E-MAL: slockman@co.weld.co.us C. PHONE I (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO June 15. 2004 Jacqueline Johnson Witwer, Oldenburg, Barry & Johnson, LLP 822 7h Street, Suite 760 Greeley, CO 80631 RE: Letter dated June 3, 2004 regarding RE-3502 for Daniel L. Ochsner. Dear Ms. Johnson, The Department of Planning Services has reviewed the submitted information. A paper copy of the plat with minor changes marked has been mailed to King Surveyors. You have indicated that the County Attorney agrees that the shared well agreement should be done after the plat is recorded. Planning staff will be happy to record the agreement directly after recording the plat. Please submit a draft for review by the County Attorney or a finalized agreement along with evidence of the County Attorney's approval. The recording fee will be $6 for the first page and $5 for each subsequent page. Please let me know if I can be of further assistance. Sincerely, • __. Sheri Lockman Planner II • • WITWER, OLDENBURG, BARRY &JOHNSON, LLB-, ATTORNEYS AT LAW ` 1'• i.. _ - 022-7TH STREET.SUITE 760 STOW L. WITWER.JR. GREELEY. CO 80631 OF COUNSEL R. SAM OLDENBURG JEFFREY T BEDINGFIELO JOHN J. BARRY JACQUELINE JOHNSON TELEPHONE: (970)352-3161 PATRICK M GROOM FACSIMILE(970)352-3165 TIMOTHY V CLANCY SENDER'S E-MAIL ADDRESS. jiohnson(a.wobb-Ilo.com July 13, 2004 Shed Lockman Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Re: Daniel L. Ochsner Dear Sheri: Please find enclosed the original signed Well Sharing Agreement which has been approved by Bruce Barker. If you have any questions regarding this matter, please give me a call. Very truly yours, WITWER OLDENBURG BARRY & JOHNSON, LLP • Jacqueline Johnson i)./ in/ cc: Dan Ochsner Bruce Barker Page 1 of 1 • • Sheri Lockman To: Jackie Johnson Cc: Bruce Barker Subject: RE: Ochsner RE 3502 Good morning. Mylar plats were submitted to our office. However, I had requested 2 small changes on the paper copies submitted by King Surveyors that were not completed. The first request is in regards to the legal description. King Surveyors described the property as Lot B of Recorded Exemption 1335. This is inaccurate since we are including property to the north also. The legal should read something like Lot B RE1335 and a parcel being part of the SE 4. The 2nd request was to change the labeling of lot A and Lot B. In accordance with Section 24-8-60.H1 of the Weld County Code, the smaller lot is always labeled Lot A. Recording fees will be S31 for the mylar plats and $11 for the well agreement. The only issue which I have never heard a final decision on is the sign. Thank you. From: Jackie Johnson [mailto:jjohnson@wobb-Ilp.com] Sent: Tuesday, August 03, 2004 2:16 PM To: Sheri Lockman Subject: Ochsner RE 3502 To the best of my knowledge, everything that is required has been submitted to your office. It was my understanding that you would see to the recording of the plat. Please advise me if I am incorrect. Also, please advise me as to what fees I should submit for the recording. Thank you. 08/04/2004 Page 1 of 1 • Sheri Lockman From: Bruce Barker Sent: Wednesday, August 04, 2004 4:57 PM To: Sheri Lockman; 'Jackie Johnson' Subject: RE: Ochsner RE 3502 I went out and took a look at the sign structure today. It is constructed of two wood posts and a sign "box" that is made of plywood, being approximately 4' x 6' in size, with 1' sides. The sign structure was used for the purpose of advertising the use which was the subject of USR#878. Dan Ochsner has removed the advertisement(all that is left is the white plywood). Dan says that the sign structure was there when he bought the property. The sign structure appears to be in a deteriorated condition, with the eastern most post leaning to the side. It is not unreasonable to think that the sign structure will be in danger of collapse some time soon. The sign structure is located at the eastern edge of the trees, and I cannot tell if it is situated on private property or CDOT right-of-way. I understand why Sheri asks for the sign structure to be removed by Dan. If it is in danger of collapse, the Weld County Building Official has the authority, under Section 29-2-80 of the Weld County Code (Uniform Abatement of Dangerous Buildings), to order demolition of the sign structure by the property owner. But Genevieve Ochsner sold the property (Lot A of RE1335) to Dale Seal by warranty deed, recorded July 21, 2003. So, if the sign is on Mr. Seal's property, he will be the one the Building Official holds responsible to do the demolition. Therein lies the rub. It seems that Dan should bear the responsibility of demolishing instead of Mr. Seal. Dan is the one who benefitted from his advertisement sign being there for a number of years, not Mr. Seal or CDOT. I do not think it is appropriate for the plat for RE3502 be held up waiting for Dan to demolish the sign structure. Its not on property which is the subject of RE3502. It may be on CDOT property. Regardless, I hope that Dan takes the responsibility to demolish so that Mr. Seal or CDOT does not get stuck with it. From: Sheri Lockman Sent: Wednesday, August 04, 2004 11:45 AM To: Jackie Johnson Cc: Bruce Barker Subject: RE: Ochsner RE 3502 Good morning. Mylar plats were submitted to our office. However, I had requested 2 small changes on the paper copies submitted by King Surveyors that were not completed. The first request is in regards to the legal description. King Surveyors described the property as Lot B of Recorded Exemption 1335. This is inaccurate since we are including property to the north also. The legal should read something like Lot B RE1335 and a parcel being part of the SE 4. The 2nd request was to change the labeling of lot A and Lot B. In accordance with Section 24-8-60.H1 of the Weld County Code, the smaller lot is always labeled Lot A. Recording fees will be$31 for the mylar plats and $11 for the well agreement. The only issue which I have never heard a final decision on is the sign. Thank you. From: Jackie Johnson [mailto:jjohnson@wobb-Ilp.com] Sent: Tuesday, August 03, 2004 2:16 PM To: Sheri Lockman Subject: Ochsner RE 3502 To the best of my knowledge, everything that is required has been submitted to your office. It was my understanding that you would see to the recording of the plat. Please advise me if I am incorrect. Also, please advise me as to what fees I should submit for the recording. Thank you. 08/05/2004 itotri" L.WIIDC APPLICATION FLOW SHEET COLORADO APPLICANT: Daniel Lee Ochsner CASE #: RE-3502 REQUEST: Recorded Exemption LEGAL: Lot B RE-1335; being part SE4 Section 30, T5N, R65W of the 6TH P.M., Weld County, Colorado LOCATION: West of and adjacent to Hwy 85; north of Weld County Road 52 PARCEL ID #: 0961 30-400014 ACRES: +/- 7.6 Date By Application Received Jan 10 Application Completed Jan 30, 2003 SL Referrals listed Jan 30, 2003 SL Design Review Meeting (PUD) File assembled Z s 2 0 7, i JII Letter to applicant mailed 2 . (—:?) htit Vicinity map prepared Referrals mailed z . -t) C 1 tit Chaindexed Z , . . U ?, I"�t Field check by DPS staff Administrative Review decision: ( \i,11,O,-tcc 3/C/C 3 Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared (/ CC action: � "(� /ah V CC resolution r ceived Recorded on maps and filed ';e Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No x Airport Yes No x Geologic Yes No x_ Flood Hazard Yes x_ No Panel #080266 0638 C Road Impact Area 3 DroARTMENT OF PLANNING SERVICES 15 17th Avenue, Greeley, Colorado 8063. Phone (bi 353-6100, Ext. 3540 - Fax # (970) 304-b,,a8 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commission rs. Legal Description:/ 7 5(V_fC— /�i— -) L'tITotalAcreage: 7 r6 Zoning /f� Parcel Number: C Y 6 / 3 a'' ' OO C / 1/(12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office). been divided from or had divided from it any other property since August 30, 1972? Has this property y p p y g Yes x No Is this parcel of land under consideration the total contiguou land owned by the applicant? Yes No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes f No ; Airport: Yes No A"; Geological Hazard: Yes No X FEE OWNERS OF PROPERTY Name:24z,G/Zee %,%,qe/ Home Phone#3.5O .jY37Work Phone #3--rO .3?"-7� Address:/Y/C_C 476-,e 3?' City/State/Zip Code C'tr lg (1O" Applicant or Authorized Agent: S_ce- Phone# 76-/27..? Address:3� 7 /0.< 7-e7 S/, City/State/Zip Code C>e—e/e Co ren::2'/ Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source /✓fj// /d //' Type Type of Sewer _Cr?/5 e j,/ 1/j am Proposed Use �f G 467/ Acreage T 5'c?t;,eC-- X 3 „...1:a"s Existing Dwellings Yes or No G� Existing Dwellings Address (if applicable): Larger Parcel //'. .-":765-# 7.�+zG,� Z7 Smaller Parcel 2-7--) z-67-77 /44y/ et≤ Smaller Parcel(applicable onlyfor 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. v: 1/3/Ot Sign Owner or Authorize gent 6 • • RECORDED EXEMPTION QUESTIONNAIRE ITEMS REQUIRED FOR SUBMITTAL: 1 . Water supply statements addressing the following: a . Domestic use . The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots . A Letter from a water district, municipality, or a well permit are examples of evidence for domestic use . There is a shared well agreement in place that has supplied water (well permit #39369) to all residences on the property for many years . No change in water usage is anticipated. No new construction will take place to add dwellings on either parcel . b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. An irrigation well (well permit #39370) supplies water for proposed Lot A. No irrigation water would be removed. 2 . A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Health Department . A copy of the septic permit or a letter from the sewage disposal facility must accompany the application . All dwellings on Lot A and Lot B have septic systems. Please see attached documentation. Recorded Exemption Questionnaire Page 2 of 4 3 . A description of how the property is being used. When the parcel (s) is located in the agricultural zone district, the description shall include approximate acreage of prime and non- prime farmland as defined in the Weld County Comprehensive Plan, number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches, and oil well production facilities on the property. Lot B is approximately 5 acres along the South Platte River. There is no tillable ground and no livestock. There is a mobile home and the principal residence, as well as a 40'x70' metal storage building with a concrete floor. Lot A is approximately 3 acres along the South Platte River. There is no tillable ground. Livestock consists of 3 horses. There are two rental homes that were built in the 1950s, along with a horse barn and an outdoor arena. 4 . The reason for the proposed recorded exemption with an explanation how each lot will be used. The owner plans to sell Lot A with the rental houses and the arena/horse barn. He will be living part-time on Lot B in the principal residence. The purpose of the recorded exemption is to be able to sell Lot A and eliminate much of the maintenance and upkeep since he will no longer be at the property on a full-time basis. 5 . A description of the location, size, and present use of the area where the proposed new lot (s) will be created. Lot A and Lot B will remain in their current use, which is residential ag. No changes in use are anticipated with this recorded exemption. Recorded Exemption Questionnaire Page 3 of 4 6 . A statement describing any unique physical characteristics on the site, if applicable . Lot A is south of Lot B and includes an outdoor arena and a horse barn. Lot B is on the northern half of the property, directly adjacent to the South Platte River. 7 . A statement indicating that all proposed or existing structures will or do meet minimum setback and offset requirements for the zone district in which the property is located. All structures meet the minimum setback requirements. 8 . A statement indicating whether the applicant is willing to place a conservation easement on the property to maintain farm production or open space . The applicant is not willing to place a conservation easement on the property at this time. 9 . A statement indicating whether a building envelope will be designated on any of the lots . No building envelopes will be designated on Lot A or Lot B. 10 . A statement explaining how the proposal is consistent with the Weld County Comprehensive plan and any adopted municipal plan, and any approved intergovernmental agreement (s) , if applicable . This proposal is consistent with the Weld County Comprehensive Plan in that zoning will remain residential ag, and no changes in the use of the land will occur. Recorded Exemption Questionnaire Page 4 of 4 11 . A statement explaining how the proposed uses will be compatible with existing surrounding land uses . The proposed use of Lot A and Lot B is residential Ag which is the same use that surrounds this property. 12 . A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed in the Weld County zoning Ordinance, as amended, and the Weld County Comprehensive Plan. This proposal is consistent with the intent of the district due to the fact that the property will remain agricultural. 13 . A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld County Sub-division Ordinance, Section 1 . 3; as defined below: There will be no additional development or construction as a result of this recorded exemption. /1 / / monument; Jones t "Lot A" = 0.385 Acres ± "Lot B" = 7,639 Acres ± ° Total = 8.024 Acres ± ri N S•uth 1/16 Between SI a d 30, T. 5 N., R. 65 (Found 3-1/4' Alur 1 Monument; Jones I East Line 60' R.O.W. deeded to Weld County w Recorded May 23, 1922 in Book 669, Page 415. In a b deee.G S z ,� �,/�// rn \ �� r G-- 1 � �� r�� ° � t- Q Point of Beginning En Total Parcel a Qv� • f LO G!l/t/ �.�.r N ri c .,n $ ` A16/6 i �ic, • N oi ze. �_/ <,��s.r _ LO 03 isir 175 er th Quarter Corner U) Lion 30, T. 5 N., R. 65 W. • t ound 3-1/4' Aluminum Cap Monument; Jones L.S. #22098)'. 6o See SE Corner retail e nd as Shown. ,\ 'k u 6 Rebur S. n Sith 'street w Jr 7 I 'I�j I s 'actiun 30 � f. S N , R. 65 W � JG, 37,7 October 24 , 2002 Weld County Department of Planning Services Weld Administration Offices 1400 North 17th Avenue Greeley, Colorado 80632 RE: Ochsner Recorded Exemption To Whom It May Concern : I, the applicant, purchased my property in 1987 . I am in the process of moving up to Wyoming, where I intend to live part-time, as well as at my principal residence here . The recorded exemption will allow me to sell the parcel where two rental units and a barn/arena are located. This is the area of the property that takes the most time and upkeep. Thank you for your Lime and consideration . Sincerely, EJMNI-A-C-P(LO Daniel Lee Ochsner October 24, 2002 Weld County Department cf Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Power of Attorney To Whom It May Concern : I, Daniel Lee Ochsner, do hereby grant Don Tennessen this limited Power Of Attorney to act as my agent for the purpose of obtaining a recorded exemption on my property located at 18905 Weld County Road 39, LaSalle, Colorado, 80645, consisting currently of a total of 8 acres, more or less . OLe Daniel Lee Ochsner — • •Weld Couniy P ann rig Department GRFE! FY OFFICE FEB 1 8 2004 WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW RECEIVED 022-7TH STREET.SUITE 760 STOW L.WITWER.JR. GREELEY. CO 80631 OF COUNSEL R.SAM OLDENBURG JEFFREY T. BEDINOFIELO JOHN J. BARRY TELEPHONE:(970)3323161 JACQUELINE PATRICKHN.GROOM JOHNSON FACSIMILE(970)382-3165 TIMOTHY SENDER'S E MAIL ADDRESS: narr v.curacy jjohnson@wobb-Ilp.com February 18, 2004 via facsmile(304-6498)and US mail Monica Mika, Director Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: RE-3502; Daniel L. Ochsner Dear Ms. Mika: We represent Daniel L. Ochsner in the above referenced Recorded Exemption application. On his behalf, we hereby request that USR 878 be vacated, and that the application for RE-3502 be processed by your department. I am enclosing a copy of the recorded Warranty Deed from the Brantners to Mr. Ochsner for the triangular piece of property which will be included in Lot B of RE-3502. I am also enclosing an unexecuted Quit Claim Deed deeding that piece into Lot B of RE-1335. Please advise me if this is satisfactory to you, and if so, Mr. Ochsner will execute the Quit Claim Deed and record it. It is my understanding that your department will take the necessary steps to identify Mr. Ochsner's home on Lot B of RE-3502 as a nonconforming structure. Will you also please provide me with any conditions which are required to be met to complete the processing of this Recorded Exemption. Thank you for your assistance in this matter. Yours very truly, WITWER, OLDENBURG, BARRY & JOHNSON, LLP o ( Jacqueline n jea Enclosures cc: Dan Ochsner Bruce Barker • •d File m RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Depart _/ —ment Date: C,?zi' /Q Zc7Q_s) 1111 H Street,P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 ey 1. Applicant Name a//Ci / / �G�S%'ex' Pho e / %Q3"- rQ 3'8- 7 Address /r?o— 4 e 3 7/ City to <<;/. State GOZip 8-C76 2. Address or location of access /ri O S` Lf/G/� - % Section 30' Township -S 44,-14 Range C Subdivision Block — Lot "-- Weld County Road # Z 79 Side of Road /100/741 Distance from nearest intersection AP 3. Is there an existing access to the property? Yes No 4 of accesses 7. 4. Proposed Use: ❑ Permanent 41 Residential/Agricultural ❑ Industrial 0 Temporary ❑ Subdivision ❑ Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch Legend for Access Description: �pp AG = Agricultural �Ib�__ RES = Residential ■IIgG. O&G= Oil & Gas 4-ass non'°° D.R. = Ditch Road ter. /114451Ue 9«les\, *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24";Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? ( I"=200' or I"=100') Accesses indicated I Shared .Access? If so. is easement Certificate included.' R,'.t.ls luee!ai. Inchidina Rutldin_ Enseloreist V icmit' Map Suitable Scale'. (Nlinimum I" =2000') North Arrow Legal Description Notes from Planner/ Development Standards 1,(R Conditions of Approval . (firV /L. ?C LGQ ! 240, - C-FP'l_ . eft __ 24,4-nut ' tt[//I,.C'Z.tL I S Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Sun.c.OF.S. Certificate and All surveyed plat Stirs ecot s Stamp Note USR plats do not need to be surveyed Director of Planning Notarial Certificate included?IRE. SE. SPR, Final PUD if Staff, Certificate Approved) Planning Commission (USR, COZ, Minor Sub. Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUB, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: _ ;VA*(Initials) Planner Signature: ki--zkyki,,A,_ Date: • • 4. ) WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY,CO 80631 PHONE(970) 353-6100, EXT.3540-FAX(970) 304-6498 DATE: TiI ' 20 1 RECEIPT 1 U 7 87 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 Li MISC. 4 O CASH __O CHECK NO: .:' :4 TOTAL BY: , 1 WHITE-CUSTOMER CANARY-FINANCE PINK-FILE /1/ n,onu.nem; Jones 1 "Lot A" = 0.385 Acres ± •/ , "Lot B" = 7,639 Acres ± — Total = 8.024 Acres ± ri co South 1/16 Between So \ rF and 30. T. 5 N., . 63 (Found 3-1/4' Aloe : . Monument; Jones I — East Line 60' R.O.W. deeded to Weld County Ls: Recorded May 23, 1922 in Book 669, Page 415. iP a in b �f�C-fis Z lir H HH L,e Held/ C Point of B •yinnmy En Total Parcel Q G/oC� ��s J ri N HY� fi �y is- 3 J6/� Z `d // - "e3. in CO I' >_ ......, . ______ /�SG/''7el - / �olh°m 0•l/ Quarter Corner G P 30, T. 5 N., R. 65 W. tFound 3-1/4" Aluminum Cop Monument; Jones L.S. #22098)',1 See SE Corner Cetoil Y y d as shown. i a 5 It ober n '� O1 J ,b eal w r_:::rSnutien 3 .1 :).v I. S N., R. 6S W /lh /G/ 3i October 24, 2002 Weld County Department of Planning Services Weld Administration Offices 1400 North 17th Avenue Greeley, Colorado 80632 RE : Ochsner Recorded Exemption To Whom It May Concern: I, the applicant, purchased my property in 1987 . I am in the process of moving up to Wyoming, where I intend to live part-time, as well as at my principal residence here . The recorded exemption will allow me to sell the parcel where two rental units and a barn/arena are located. This is the area of the property that takes the most time and upkeep. Thank you for your time and consideration. Sincerely, fu/144-A-LP teLICL1/44-9•---} Daniel Lee Ochsner • • October 24 , 2002 Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Power of Attorney To Whom It May Concern : I, Daniel Lee Ochsner, do hereby grant Don Tennessen this limited Power Of Attorney to act as my agent for the purpose of obtaining a recorded exemption on my property located at 18905 Weld County Road 39, LaSalle, Colorado, 80645, consisting currently of a total of 8 acres, more or less . .)/2/1/C40 Daniel Lee Ochsner • • o 33 75 '7% 4 itcc 24,tL-Cry m.h , • 4 Ln uSizl7& F-11 157 (arc, 1÷444) 6 `-l210 7 3 9/?/9"/ &27.2 LLD' 4_2-,16- IS 7 /Lr/t ZatLt p9ctEluwx-z Ate{ LICK 70 cnt-�u - US/2 7S r///), /S 7 33131 (3f31o2`7 3 9/li/i o E, L :.Ed OA /5'x 70 Cute COVI. .11ii 7Y2 . ✓-/1 ,Q-3 /I P 0 3,;:ci 3 gt/Z 7/i01 re) ;/-zoo..¢ , koitA. evytck / ,� c1 am. G I� 9 7 ? r- PP /5 n1) .036042 14/ X '7C1 i ' m A (EA- / n.uta 'c'`ti wry I2,6 9 /waeLeAU2-fi3O ec luek 0. inz-6- '))LE i) }Leh 161 3 ,2 1. ct/.� n-e,nwch I �1/ O 3) do i,tcl e. 19 n, t5 87fr - 7/i/9a G i u,, ,A eta a7` i:'r'k.CG)i--1 i .x2e2 tc-e , rum G2 -tfuLiccum e &uhf :ufrutticieteC a,a �t"ru Viz'z J<��i11CA' L iC - C/Le i1 L l) %i i3)0-6-/t e.a (/ (.cce,10 C ‘(S,j /Q a Ce ,i Lv'1Yt.c iam) CV- ciao A DI'/ Q' Cfl,_ tc- 19iz 40/60Z 19.,u0V :1)u :t . N1° 92'2`1, 3 11, .� :z5 3 C,) 3 71 4/ Z21 eRc 3 /zlai izzc, 1r ?' /ill tole LA-t� l.3 3 5 r' o, /ritual / R / ' nct /I) z P/I N ,5 75 maze-tii4,n l asc. 16-Fa.ivm W7/i ? 4era , 2 ,mil a i it pi h .Aire 3, 5 cart ' .- /aLt. O4-0--/9 i h , , (K ,wu ) ti v oi-- 24(Ac 70 4, _ `c.&LI (Lk 4/65.2, 50 (4,Stichui cye 5 2, 7/ /, ,1.4- 4)1244-es d ziw-c-1 /; Zo r a--Q-- - z *LA0 ?/z471/70 2 F� y65 2,6c /�.(-vim_- ,2„.uu it« . ,a,hi ieras/ ai, -- A,.F/cz 41455, y/ , g452-5 rat t 4' 5 z, 2O Ffi pf 157 75-4,mA rn rif kJ,-,wic t viz 70/a.ct. .A,61,- ✓ rc-E- co1.1;A n �.C,Yv jA J n1 Z� n h . 36' XLt e /2w.) _et ainei C l Y /C / ti r j lL/ .tef,, /3-2 ' )r / P ' hz,u oIzv( i ' vN /41 X 70 fl ! . air-62-W-e-M-“C #0 Zers 4 „A,- Cl ,„, - , , ga- iicA,,-„,g,,La q (ufr r 74 //79O- ) .„,..(2-_x iit-z),Luce To Whom It May Concern: All residents renting property from me located on RE 1335 must access their residences from Weld County Road 394. You may not access the property from Highway 85. /rte L • • r Report Date: 01/10/2003 01:32PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0170891 ASSESSED TO: OCHSNER DANIEL LEE 18905 COUNTY ROAD 394 LASALLE, CO 80645 LEGAL DESCRIPTION: PT SE4 30-5-65 LOT B REC EXEMPT RE-1335 SITUS: 25035 85 HWY WELD 00000 PARCEL: 096130400014 SITUS ADD: 25035 85 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 1,111.60 0.00 0.00 0.00 1,111.60 TOTAL TAXES 1,111.60 GRAND TOTAL DUE GOOD THROUGH 01/10/2003 1,111.60 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0104- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 346.97 RESIDENTIAL 189,081 17,300 SCHOOL DIST RE1 26.016 450.07 NCW WATER 1.000 17.30 TOTAL 189,081 17,300 CCW WATER 0.871 15.07 CCS WATER 3.850 66.60 LASALLE FIRE 2.897 50.12 AIMS JUNIOR COL 6.316 109.26 WELD LIBRARY 3.249 56.21 TAXES FOR 2002 64.255 1,111.60 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. _L2 OO/ poi , Signed - dth-nu--�7LE +?- t— Date // /o/o Report Date: 05/28/2004 02:14PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0170891 ASSESSED TO: OCHSNER DANIEL LEE 18905 COUNTY ROAD 394 LASALLE, CO 80645 LEGAL DESCRIPTION: PT SE4 30-5-65 LOT B REC EXEMPT RE-1335 SITUS: 25035 85 HWY WELD 00000 PARCEL: 096130400014 SITUS ADD: 25035 85 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,197.76 0.00 0.00 598.88 598.88 TOTAL TAXES 598.88 GRAND TOTAL DUE GOOD THROUGH 05/28/2004 598.88 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0104- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 374.29 RESIDENTIAL 218,960 17,430 SCHOOL DIST RE1 28.465 496.14 NCW WATER 1.000 17.43 TOTAL 218,960 17,430 CCW WATER 0.871 15.18 CCS WATER 3.850 67.10 LASALLE FIRE 3.488 60.80 AIMS JUNIOR COL 6.322 110.19 WELD LIBRARY 3.249 56.63 TAXES FOR 2003 68.719 1,197.76 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELL COUNTY TREAD. JRER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. 1/7___ 2_00 3 L__ (O.) 0-74-)/ / t- Th- Signed 9ry ,1dit.t � ��- Date4 /c . REFERRAL LIST • NAME: Daniel Lee Ochsner CASE NUMBER: RE-3502 REFERRALS SENT: January 30, 2003 REFERRALS TO BE RECEIVED BY: February 20, 2003 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton X Public Works Erie Housing Authority X_Evans Airport Authority Firestone Building Inspection Fort Lupton XCode Enforcement Frederick STATE _Garden City Division of Water Resources Gilcrest _Geological Survey _X_Greeley Department of Health Grover _X Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: XLaSalle Loveland Lochbuie _X_Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 X La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-1 X Greeley Ditch Company Longmont West Adams 41PIILE • ` cCV p Weld County Referral C. COLORADO January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, s Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, Parcel Numb t. 0960 30 400014 .aE Se a S_e' S The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Zit We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: fi ( f� tl t4tk (ZCl vItetatlC7V� Signature a-C -e3 Agency ( rte.,. J nib Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO.80631 •':(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld County Referral COLORADO January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, see legal. Parcel Number 0960 30 400014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature {�' O2.: Agency C)..)O4ti Date {Wald County Planning Dept. 555 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax ZO 'd 99L990Z£0£ d ON X d 9WIdf Wd 9Z'£0 03M £OOd 90 83d p Weld County Referral C. COLORADO January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, see legal. Parcel Number 0960 30 400014 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ri}tX We have reviewed the request and findno conflicts with our interests. ❑ See attached letter. - Comments: Request clarification of CD0T access permit to property off of Highway 85, along east side of property. Signature A-7' _ �. a_ a-) -03 Agency >1 �� — * Date •>Weld County Planning Dept <1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 exL3540 8(970)304-6498 fax RECEIVED FEB — 5 2003 Tool 311VSV1 JO NmOI C969f9ZOL6 %63 LC:60 IH3 CO/TZ/c'0 • • Weld County Planning Department GREELEY OFFICE FEB 2 6 2003 MEMORANDUM RECEIVED III TO: Sheri Lockman, Planner II DATE: 2/25/2003 C FROM: Donald Carroll, Engineering Administrator by COLORADO SUBJECT: RE-3502, Daniel Lee Ochsner REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (US Highway 85) The access from Old U.S. Highway 85 is private and is non-county maintained). The applicant shall utilize the existing residential access to this parcel. 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-3502 m:\Planning'RE-5.doc let Memorandum TO: Sheri Lockman, W.C. Planning DATE: February 12, 200312, 2003 COLORADO FROM: Pam Smith, EH Services CASE: RE-3502 APPLICANT: Daniel Lee Ochsner Environmental Health Services has reviewed this proposal and offers the following comments: The application states there are 2 dwellings on the property, both for Section 30, Township 5 Range 65: 18905 CR 394 and 25037 HWY 85. The map in the application materials shows 4 houses on the property. The Department has record of 6 septic systems (some of which are repair permits for existing systems) in the vicinity of the subject property, all for Section 31; they are as follows: G19900161 25037 HWY 85 (note on permit that address changed to 18905 CR 394 10/90) G19909103 25037 HWY 85 (address changed to 18905 CR 394 as per note above) G19909104 25041 HWY 85 G19909105 25035 HWY 85 G19909106 25033 HWY 85 G19930211 25033 HWY 85 The Department requests clarification and correction on the addresses and legal descriptions as needed. With that in mind the following conditions are recommended to be part of any approval: 1. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on either the larger or smaller parcel of this application. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. 3. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy (attached). In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 4. The application materials indicate that the two houses are proposed to share a common well. The applicant shall submit a joint ownership and maintenance agreement . This agreement should include an easement on all lots and access necessary for maintenance. Additionally, please note the following: 1) Our Department recommends the applicant to set aside an area for a septic system replacement envelope for all septic systems on each lot. • • CASE: RE-3502 APPLICANT: Daniel Lee Ochsner 2) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. M:IENVIRONMENTAL HEALTH SERVICESIPLANNING\re-3502.rtf • • 1 p Weld County Referral C. COLORADO January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, see legal. Parcel Number 0960 30 400014 The application is submitted toyou for review and recommendation. Any comments or recommendation you Pp consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. zt See attached letter. Comments: Signature \ (� � Q 1 _ lO -D3 Agency w c Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • West Greeley Soil Conservation District (970) 356-8097 Case Number: RE-3502 Applicant: Daniel Lee Ochsner Planner: TSheri Lockman Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map Shallow Dwellings Dwellings with Small Septic Tank'Prime Farm Soil Name Soil Texture Commercial Absorption Land (if Additional Comments Symbol Excavations without basements basements', Buildings Fields irrigated) 3 Aquolls ,Gravelly Substratum Severe Severe Severe Severe Severe No • 10 Bankard i Sandy Loam Severe Severe i Severe Severe Severe No 11 Bresser Sandy Loam Slight Slight Slight Slight Slight No 4 72 Vona Loamy Sands Slight Slight Slight Slight !Slight No 73 Vona Loamy Sands Slight Slight Slight Slight No 75 Vona Sandy Loam tSlight ,Slight Slight Slight Slight I'Yes i I The West Greeley Soil Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. • ONSERVAiION Produced by West Greeley Soil Conservation District TATE OF COLORADO DEPARTMENT OF TRANSPORTATION Wok( 0untb fIL:nnng ue;.._',;: .:;ru Region 4 -Traffic Section GRi-(-l-F'1� OFFICE r OT _2003 1420 2nd Street MAR 5 �� Greeley,Colorado 80631 4170i t50-2113 RFC FE:I ,y .) Weld County, SH 85 Daniel Lee Ochsner N of CR 52/W of SH 85 N of LaSalle March 3,2003 Sheri Lockman Weld County Planning 1555 N. 17ih Avenue Greeley,CO 80631 RE: RE-3502 Dear Sheri: I have reviewed the recorded exemption proposal for the Ochsner property. Projected right-of-way along this stretch of State Highway(SH) 85 is 100' on either side of the highway centerline. A direct access to SH 85 is shown on the diagram. Please note that none of the lots created by this exemption will be allowed to use this access. If you should have any questions,please do not hesitate to contact me. Sincerely, (*ILA Gloria Hice-Idler Assistant Access Manager (970)350-2148 xc: file Weld County PlanOFFIning Department GRE2 CE FEBBL 2 Q 2003 RECEIVED CWeld County Referral COLORADO January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, see legal. Parcel Number 0960 30 400014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑/ We have reviewed the request and find no conflicts with our interests. R9 See attached letter. Comments: Signature / / , ��,? ( lAkg12c� 6e 5/(X) y_ /�-eJ Agency �1prK/uLrru /7-7 VVV J 6r,./.. vetur pry f17Z7;c r Date CPLA ;n uuC lJ •}Weld County Planning Dept. 1x1555 N. 17th Ave.Greeley,CO.80631 •:•(970)353-6100 ext.3540 :•(970)304-6498 fax 1a OFFICE OF COMMUNITY DEVELOPMENT City of 1100 10" STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9800 Greeley Weld County Plannin: GREELEY IIrpICF February 19, 2003 FEB 2 0 2003 RFCEIVED Sheri Lockman Weld County Department of Planning Services 1555 N. 17'h Avenue Greeley, CO 80631 Subject: RE-3502, Daniel Lee Ochsner Dear Mrs. Lockman: Thanks for the opportunity to review this recorded exemption. The City of Greeley Planning staff has reviewed the application for a recorded exemption from Daniel Lee Ochsner, located west of and adjacent to Hwy 85 and north of Weld County Road 52, and wish to forward the following comments. Resolution 7, 1985 by the City of Greeley Planning Commission gave administrative review authority to the Greeley Planning staff for review of recorded exemptions (RE). The resolution indicates we cannot recommend approval on any application where the overall gross density exceeds one dwelling unit per 20 acres outside of the 2010 growth ring. Since this application creates two lots through the exemption process on a 7.6 acre parcel, we cannot recommend approval of the request based on Resolution 7. The Greeley Public Works Department noted a reservation of a minimum of 60' of right-of-way from the centerline of Weld County Road 52 would be appropriate to facilitate future development of this area if the proposal is approved by the County. Also, the appropriate setbacks under the applicable zone should also be maintained within the subdivision. Sinc__ 1 Jiu\,c1e,y, (/crane / L. �eGz Darrell Gesick Planner I SERVING O c R C O ,M M U N I 1' Y • I T ' S A "I R d D I T I O N T is protmse to prereroe aar!iazprooe Me ryualily o�life lo: ("reekcy llroayIlinze%, cow/corn and cool e//echoe.reruice. Weld nty Planning )eu :amen ELFY OFFICE +� � • • Co:FEB 1 j 2U0.- RECEIVED liRe. Weld County Referral COLORAD January 30, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Daniel Lee Ochsner Case Number RE-3502 Please Reply By February 20, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-1335, SE4 Section30, T5N, R65 wof the 6th P.M., Weld County, Colorado. Location West of and adjacent to Hwy 85; north of CR 52. For a more precise location, see legal. Parcel Number 0960 30 400014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: t Signature V8/3 Agency ____ _ e51____ _I Date •:Weld County Planning Dept. :•1555 N. 17th Ave.Greeley, CO.80631 4•(970)353-6100 ext.3540 +(970)304-6498 fax • Weld County School District RE-1 • Gilcrest • LaSalle • Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest, CO 80623 Jo Barbie, Superintendent Phone 970-737-2403 Bj Stone, Director of Curriculum and Staff Development Fax 970-737-2516 Ed Smith, Director of Auxiliary Services and Personnel Metro 303-629-9337 Jeff Cogburn, Director of Student Achievement February 8, 2003 Weld County Planning Department Attention: Sheri Lockman 1555 North 17th Avenue Greeley, Colorado 80631 • RE: Case Number RE-3502 Dear Ms. Lockman: We have reviewed the application by Daniel Lee Ochsner for a recorded exemption (RE-3502). Weld County School District RE-1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are no plans to build a new home on either parcel. Therefore, Weld RE-1 finds no conflicts with our interests. Sincerely, Jo Barbie Superintendent of Schools pc: Don Tennessen, Agent Daniel Lee Ochsner Cheryl Brewster, District Accountant BOARD OF EDUCATION Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students IIIIII11111 Milt lit 111IIIIII111IIIIIIIIIIIII111 RECORDED EXEMPTION NO. 0961-30-4 RE-3502 Fq,8,27,2003 311 1R0O4051 CO 1 01 3 531.0 000 Mareounty. 6 Paoror F NAME Lot B Of Recorded Exemption NO. 0961-30-4-RE 1335 and part of the Southeast Quarter of 200.31060E scst Section 30,Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado »9°, / I I CROWN BY n0} 1(81Go- E u0v uu 31 „CO"cod <), o 005 x0 xFW r+F5'.i 3 /9'DUISIIIF 600' 531' 9E,lee Eh 2 ,uPFp 44 CB.' p C.. 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RIGHT,""F wa rvr NTN-' ,.n. „,is 22199 sib.c,aw‘ 7a 2 L1c.......��i -01900,.., 0:0a'000 o ee- .,.,2.02 ,r..,,.0,. - „ ,r FaJN0 at o F *so- e'&4!?r<y ,0th., - _ F,cF G o\ ~ p NOTARY '') �`'� c uFc0v0m `S _Tesn 9[0 115,5_ F xEuery 5515 / I tiro. ., - SHEET I OF 3 RECORDED EXEMPTIONNO. 0911-30-4 RE-3502 a z„zoaz IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII E FILE 2W NAME 2 d ]P T W 0 0 W s„LI MaRx0\L\21 d PecoNn Lot B Of Recorded Exemption NO. 0961-30-4-R1 x1335 and part of the Southeast Quarter of Section 30, SCALE Township 5 North, Range 65 West of the 6th P.M., County of Well, State of Colorado I DRA0 e, MRS HT x L-2.,4 /I I (NECKED FOUND 2 3,23 HAIAFTTR DI A81/PE is 024 EF. xE�., / °a PED LS Z.P5 2,x, or a I484,47 � a N03O I9- LOT B are rvesvob' - o, O I 85 TEETT DETAIL A NOT ms.wE I 9qS 90 �fg c` m e m m m I V i I R1VFR 1 T �T[E 2' P o soots LOT B Rowe 9 II / 3 � `1 ,e6 �,4 x '1 I o y \ I 53 4 \ q 0., rrv�/ p s a ti L .N� �rvx« 6 83- � F0014 44 NERAR 3]b 75' I �� enrw ssn - I N8]'05'58'E gyp° 58]'32 30 W 120 00 i��.'J c eW lP wEwxL P,Ita N� K s a e o I ' xLLOrT A nce� o ai. a. L—_ - 1 N8]'}2'30"E 1 F III 120.00' �rvE 008—1 N < Ex �/% O I 6 0 II St - 1 3 ==RE _ _o- aw�o 0 Chi corn ,�!`v _- cn rm oo� w z 0 1tlB6 _ xzo W %Pf . W 1 o v a .:op — (TALLY LI Xi El EtICZEr/.47,881:848ZHEIE1 PIPE 1 seam' A n u 1138.82' 30 81, In 0 / w:EL 2= o us ao SB]'31'a5W ,y , ��t�C TO mss E5, � o 1 14;4:42-5 _ _ — it iaan A " 5000 x _ 0 0 a THEASI CORNER Lo 3a �— -,� — r i �Q�� 3i x 'F UJ Z rxarervrr nuvre -- A t . .0 - uvz LEGEND FENCE LINA R RECORDED E I H,,A,S2,If,uCNAPL E;s1A Alit ED;445,1, 5 40. ORANGE PLASTIC DAP STAMPED E CURVE.TABLE — ' MEl5..Pi 001, ■ 1 0 f0 RNER AND CRHRLEs& CIE RA LENGTHLE[ R OILS 1 ELI CHORD CH 81: o RTON EVE Ea COMP SE EK • A snu.rm I sys F LINE TABLE nxox2o J196 G473;1392V I"T I 1"MWEKT„ _094011 019 v L "F . . vs _S 22098 2 884 5f8100 6248;20: 4223 2 SR 4404' 152 1218 570.I Oxr e L 5 -).3)Y__ J s'I y ._ �t — —.. 9 rve to µtow F9 I 5 os "TT er moo—rs 85 2 `"�. x, ,n,9e �Lxxwe x�LrveEe w�� ID 98 m - w SHEET 2 Cr 3 DATE Imiii nil'MI Il iugi III ugIIu 111111mi RECORDED EXEMPTION NO. 0961-30-4 RE--3502 8/27,2003 3211227 01/x011009 00 Ste Weld County co 7 20031969E 301 3P31IN 00XI Steve Mn1eon Cleric 6 Recorded Lot B Of Recorded Exemption NO. 0961-30-4-RE1335 and part of the Southeast Quarter of Section 30, a Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 3� 0 ORG 25,2Ym•F wf a I GSA LOT 6 1349t C m3 Ts' �p _ rLL, / y - Ex3„�C "m � e0 \ ,+/- L LOTH aN � o 7,a 1 4 0 «a` H N87.32,30-0 • a eC � _� 120.00' (f) Ss, F Lai. ..,r Cl..i i � I � g / o 0 C OTA rs 1 w. I CO 1138.82' _ A uem _ — 587'3145W ' � C �AdO -w : a/ �23e ) sl .6781- �� .c'nS / TE i ..�. MPE6 �� rxmEx a � � Si i , I , ) t ik72 0 ~ a 2 j 9 . I - - U PI �> . W 2 �I 0-005 �' / 1 a n t1 �' I,� x 3 tlt O. rJ y' wl y 11 y/ I/ U -I / � Z �. - - - I 0j I I IE 3LO ` 7 ,\ I ,. ' 8 m 1i p O o n — O / /- F" as i oeT/vcc --: .6�— ��o �y - 'R7,TO'CALF La z° �� / �jS W 0800 L 0 .E a . o - _ 1 (*Is' Pc-000 as w-" - I IX o - E - ti- 11 0 o ,a re 0 m w z m LEGEND �M N ONCE LINE a RECORDED Acne,Y0 R 040*17,„n AEILAW a Ne RE - ,#,,,,,,,, , vLAMO Om€R*SE • C -PLASTIC OCAP „##L,9 SECTION INF a uf3UPEC If C(01010, JONES 5 22030 PRAJEAT eAP 24" . i..00 ti Owa-ES SEAM*LINE C. CENTERLINE OF EOSEUEN • RF 0e O ,##„,➢ 2003196 //; i t NS LCULATEj OPA a "o,., N.E z ''.?;;L'221;•""' w I 3 , pro 02219'/„#i a DH ,..,,-....-Eric,,,,,,,. I ��444SHEET 3 OF 3 Applicant : Daniel ee Ochsner Planner: Sheri Lockman Case#: RE-3502 1K > r_j_ * - __ i - - °I / 11 / t4 1 41: 7 �i 75, YLT 5 Y ' I / 3y a22: � 11 / 1 - 0 _ / -- - __ 10 . ___. _ ) >3- - -"r_ 0.3 0 0.3 0.6 Miles / '' \ i • Highways Major Roads N ivii Railroads Plsspoly1 .shp \ SoilsSoil Types W ----7 r E Lakes /V Streams & Ditches S \ E , IllftiN kik / \ 0 n _≥. co — (I) \iliishil a C k- _ p C J 0 x i c o Z � p uy O C N LL W w' c N t C7 d OW v � F" c O O cO a) c -0 LL- Q } Z w c aL I N a0a UQ Z O wQ >. anr0DxQH. � 0 cars DOR Za� oo � a p � i6 Tw � U � O .� a I 1/4 O -ov aw0Q _- U vci o a -caw r lii m-S oUWcnmp es E ai I E >, c � D - NQ ry > n7ai0 <j >- � oa�ia >•• c.) > > aaHZa cu E ra c ry -c W Q 0 0 c O 473 CWQJcW 7 .0 O = n v c c um 1 v0 —m 13 - al ►- � � a. Z a � 0 1 I c ry `a Q z o U z1-1-1 0 v y O _ __.. _ 1 CD c • .c I w u < O a) 1\ ‘N.<<Cilimiliiiimija.:,-,c c aOinYQH 0W Oa -0 aw 71) m 15 22 I- H < (-) CC >"' = > • CO, eul 00 pD0 .- o p c O >- 2 0 cc c) uceDnLoi- � = �, • g H v p ca U U 75 o a, > a, wOw - = g ?lc r0 O= \�-�, MI �.� y N L U W W W Z O c Ccall � ~ aoZOwc� U Q > ti p t Ol aa � � a cnw 52 >. ` ovo ccawixzo _a u o N 3 ti ti w Z c a N 1\of I mZwVOZ 3 0) a � w I\ . ` tli! fl; i cu 3 . _ . . . cc .._ •7_,., . c�N 1 a . _Ali trite al ,ffir, , _ cvs--- L 4, G., i. mi‘aa 1 rbi- LN) uu=IIIIIIII: - $ Mk-- 4 . _ g �. .. _ I ..., , ..„.,... , iN _ _1 1ti) I I 1 C III -II v } . OT "' l Y e t • .. 4 .t v t <,, ....4 .*.4.•,i- `,..,. .iit ' - R` f i �L f,,. -,°a• ' • `t :`4 !� I : . x'14 I• t y .��}... YiCi .tf. • '1 t -i'l:',. ii. 1\ ::-.'. 1.. .t y kY . • 11/44\ ^. :."`. .,q 1:" ,* - is • (0 .1 • r' ...:\. •4 A.. a s•'A tcq4 SL� h06 ....,..„.. .„ ,. , : ,,..,„ ..,...„...... .2.,... ',•,,,,,,,„_• ••, i. '''- . ' ' \ . ‘S 1 — Lu ' f \ \ J 1 r r - • ll 4j I.. • is 1 r' '''''''!'';'''''4" . . • . ' ' '' .., ..*' . Ir "' sli ;• ti e • .� __ -. - • 14 l()cirvainvi. ^' _ .. - j !. r / • . , . �l i3 44 at VAN . .... . . . . .. .. , _ _ _ ..., . •A 'kr . ' .:,J..... , R •6' X11 .A • Li Lot B MIMI 5 acres 4 ' O _ _ 1 ,� A 3 acre • dot ,,, ,,,,.;44... .1010,, ,,„,......... 7 ,. 1 I .e4.:, 'ail' ,' • % \‘.. . _ a il 41* ... . ilr"!II. I' t 40 r fI 1.' .. Ia a • • _4. -.. i -,--' -" ,t;............. r. "--. V.VIII- " ' .• ' • ` . 'N._ ..... . _ A . , . 1 e 4 lit i 144°' 4 i 4, . . ' 1' ' I i I ,4 15 fh •l /IC- `c, I I . ! •./Ian 'i' A . sill• w sir aC)� _ _ _. . . _ V/.. = . . _. . , . ir / t O • , , _ . , 4 It • 4 I, . ...,pn , _ . di* ,, .4 lie } W 4. ge I 1+ V • • > I31 S- ¢0 4, .. 114 a t 1 • • 2.1 e • J CO O it ti smog 1\ It\ ;### C.) . \ i I , • ' ni dos, . II 1: • Irrseallibill"Lliciedt 4 0 { ti '4 tiii . \ or 1-4t 4 a: e.1:. :c t . co seri M c N .•004 • !. 4011/4 tro is\ * 4C LL O „,,, ,,,,, o , ,, C O I f �• r N �p al � J nZ c � . Y � s_ctn � * Q ' o • a d cE O U N ),`JQ_ U � O aD �� a� -- -4 C3 Q _ U _ a + ♦ i• i -O C O ca~ O J Z N 0_ �' • it 0� k i d rot (� W (/� t1lO C C � J. • .... ....., _ _. > N yOZZ Q O ca) i �j? + lith a 8 can N � WZv co i' ' N. .. i ,�' ... ,� c 5 ro = di- Z L c 51 4� ` •1 a ti A. IfilliHilli lit ! . ra , L NI �-•Y ./►I a, .Om1 06�.i• o � m cy0(13 w(to - = � acid 8 • \i• . sts � � m 3Z 0 � 0 °' � U w7 adia Tc f N � ~ Z O CO � OU > m o t Ct gt � aCCcnW 0o T .. ` ! t e O cra u-' cr z to cci , a- lies • V till N 3 D X Z � co `O N It k _ r c • °' ca o roZQ' Ui1U2 � o ,` I a = DEaC7w ? cec .c- c t T d . • t ••t V • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Ochsner The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT 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: Lot"B" Recorded Exemption No. 0961-30-4-RE1335 being a part of the SE Y of Section 30, Township 5 North, range 65 West of the 6th P.M., County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Book 1555 ,Page 309 Reception No. 1683232 , Book 761 Reception No. 1707595 , Book 786 Reception No. 2045994 , Book 1106 Reception No. 2133619 , Book 1188 Reception No. 2185337 ,Book 1238 Reception No. 2237714 ,Book 1286 Reception No. 2238532 , Book 1287 Reception No. 2238534 , Book 1287 Reception No. 2257589 ,Book 1305 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 14th day of November, 2002 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Vvl-_11/ 0 Wendy Bell Title Examiner ri .... a eri A 8 i mil i v?... tr i a _l Oao { - h ••r 1 'taM s I °�j e a , 7:,............,7.1 r e - • 1 ( _.n1.o_ i 2::::....c,72.(:),.:-.7.L.5:1.tewi' -....,...:-.•t. r kl1'::coi (1e cribei 3 US( . 7 7.',Ltd : '„ 'Hach t ie2 c 1:',45 € Sc../631 foOt ts ' a .a o8 DtgDoco 7.0 AS.+s-) • w fi.9 " t. n1:-:::•:. +^,.. r .°SPT n t.cn to . yr"1 rr 12 :`"' 'c 1 zt.t Crl: lira oe ^3 l n r a ' P !b 1. r'S: tt root?, thence 1 • - : c .L s c^;. ielep;tono I ?1 2 > ., ' 144.-.4e.14: V /sY ;..o Cox* :+ r:co_+Claj r ..II. ,'? $4.1".i. ir „ -,•2.;;..3 r°< a (AM' to,at nor -it ithall ,,i\;toe• '. ...tutor r--1 'anc r co ' rt err fr*a^snt thereto, if ` -#:,:.,..., T f t rr4 -? x: x ,h .. Nk nia i am 'j`r�a(( dp ,a - S re n". a vn" rcvv L J profit(thereof;and �F�—fry;, t e• f : F ., . ra^c .t c " < '^"_R3 f the Ent Inn Wax;la law a 4fir.c ,-.. r r:!"r, ,r, 'r ,i',S: ^'-r,-Lan-Irv!an,--7tn(„ndL,at tirentvreatann net nrndert-nancet a h •C..? ur .. .nr. !I 41,. t 1 4,44-4 .R- of ca En s )y,; r t p.,t e c 'tie -1a:3 a Elm, as arr -r i u! stt xaa. o eow :.Grant brim arp aaf aa it:Sia'�e' .1 '� .a_a 3,3?.•3• 1 r--EW el r a•v ern. , 3'_... Wes_ N P + +,r y-:,th>tK the tkwol Mrm -- : a -2a '.114:r _ .^,"'cd r, a;e eteSni y:r;z&as to T'M,sere.pee- r.r-`1 . e`iarn'^s-.r, a?c-. e::`,n r c;'':r^^J r$'.:toll penis a.A lawfel r , ° -(...h.,nth-t,,r:•x, _ _-ny 2c r--n2-e-.rn ,- f -?nanny:Lt., rent rvv1 ode earn in free ) cal r. (+sl r^ ELI Crbcr 'I z° ttt., srsts e:t' f.faCUM:VI ua of whatever I a a▪ - -nvnen r"-:;73-7 )., +om :tall', of way de©da and iL* rat '9 d t; 3 "'J73D it't or '.reap deodo ! Pori t 1 44,7:4.7.:44'544 , .,-..e..71-7;n1 Colo Kato? Conterv'y D1t I, cl tl • ) ....c-7(77::47,.L.,10.17, r 'a r �+dctlfrt Di,trictn tutors i { ' `.:1..,! t ♦ z t in t: x d ) raiFy ..r the mccal pan. & his enwe I 4,4{ t o n ❑.n t n. M P 1-+ a t En where el any part M h `• . . ct a ry r .c a ,i V t-.D FC FY B P^F 1D. i o 1 r,o 44,?,' :. a et is o s /_ / p ▪ ' m t',:, mpw el 1...:7":4- .n- .a 'S't<+`ni. _(59..11.) 1 --i, '/.' ' r a"Y�'x-, I N r„' CA's` .O s-.—,, .' E'.e3,-Get r.:-.1f C:r,,7e,o F _/ -t�r>:0,..,6.:4r-,'y (s2.nf.) L. 1 ?; . A ---. - ---'-- _.._ __... (SEAL) w Ji 2"..,84 1'+ '. 9 '3e. f,co t,: ,u :t wan e-i .:f:at,..a to a ac r,b 8th ,.,..�I 9 t `3 7„^k", is e J w p`) "• t t• 3 a _____1rr5? , :: h 2..n.- hmp.sra.Dui.._-. _ ` * T r ,- T a? nrrniztsn___ ____ - �o s.r,= I r J -, ' •+, ti ti,..R `^'Cr '"° s'a ? ♦, r_ 7 v`" v':, x :4117; .,: )7a Z .,�`.'^TG°^sK6c.#.�. -"ra " )7r°. 4C;"4:.'70,...1•'•••!4.!4•;•7,'"&t,";..:. •' °'r; fi ) 'y+{,n r''+ { +a 9fi}''T '31P-�`Cr °y��"iS: *1 • J 141: Recorded.c._..Lel...-.wa__f7__it"--.._. MAR 1 t 197 • clla pue,N0....... 'L Yl ....—_..._.._..__....JIJOR..RAIR..la atria e.Y ' NIS Druh Kidd am 11th dos of March 'v 76 w phase ROBERT R. MOODY N nt WELD dotal of TN of the Ceabof OR Colorado,of the Mat pared 1 40 I."' IRENE MOODY of the tasty of Weld zed etele of • Odendq of Ma Mend art • of WITNRSSITN,Da the sell petty of the fat parts for d Is esedrdlee et to es a _ e EN DOLLARS ($10.00) and other good and valuable cons pert. idderaatiiO! ta t.W sell partypartyof the first pert m peed paid by sold pettylie sold petty the rear the neat awed c I.hereby nsa d edroddad,bs s read.roamed,ofd, canned d QUIT CRAINsD, d by t' Mere prate de es raise,retrm set.teem d QUIT CLAIM ate W ea pert y of the wed pea n sad ea her heirs,eaccere .rh fe.a y,all a taa the rig IsMret dais d deer Nab the SI rgt an y of the first pert ha s In or is the faaovtat dreeietnd let or d toga ddel at la tee t NSW d M. baM[In the C<abet W ld 14Z eS', '•4p ` Section of the 6th P.M.a� all that30, ship 5 part oforth, Range 65 the Southeast 1/4t thereof describedt asreof, follows: Beginning at a point on the East line of said South- East 1/4 which is 300 feet North of the Southeast corner • thereof; thence South 300 feet to the Southeast corner thereof thence South 88 Degrees 10 Minutes West 1168 feet along the South line of said ouarter section to a point on the East line of the County Road running Northeasterly across said quarter section; thence along the easterly and southerly - . line of said County Road North 16 Degrees 14 Minutes West 300 feet; thence East in a straight line to the point of beginning; except Telephone line right of way as in deed in Book 975, page 354 Weld County records. Together with all improvements thereon; and toget er with all water rights end water conveyancing rights appurtenan thereto, if any. 7 Being in the County of Weld and State of Colorado a;t. wW a d area the eppalerma d pde'a lie threlrb 1 TO l t a,I AND TO hensBOLD the ern rsi. tt{ adl pert se fa ay f the lrMOa tpNtdeI to all far estate.dtat plea —.b e eel belted of of id i t. .e4 pert y of tY flat pert,either d leer a eeeity,Rothe edy paper as befit d beYd of the sear ji: d the.eaed part her bean d.alga fens. ''IL-" partyof the first pert has here to set his her E;'!. IN pRTNEAt day WHEREOF.per f arty ' d al the dq d fleet shore WdIK GY . ... /le_ l I H . ..____.._O WNAh71 i. 8ka.d.Baled d Delivered v the prrseaof ROBERT R. MOODY �_[SSAI4 t` h kl • '/ PI ,.„ttlyripriias�Do. 1 oCI4 'r�IOo ly.of DENVER 1a f'. 4.+ p t wet rya widged before re this 11th asd March Nr isS b ROBERT R. MOODY 4:I Gr Cnct 4 . Nyaeetatse aging July 11 .1e 77.Wits",ma bad d afndeleal i fin Neat.eon mans MOIL-e.eM.a/Within p,HUM Mont eo.M.o.,m arose IMWtn -lb% ^e ;: r Rfr Rtrerdrd At o'clock hl. 2n 137E �,i MNtY 'Oddtt Ully L,Y tv Reception Ne. ."1�(+ie�J9rJ_. Recorder. , • • ;. - 7 ,,1, ,tl 7. Cl's Ir.( Tins DEED, Made thin •7d — day of ;e , IC between . ;I'll.• 1' l.. 1. .I,~, of the County of and state of Colorado.of the}lest pert,and v. •7 '.T 3'' - of the County of • and state of -; rnloradn,of the second pn rt, WITNESSET!I,That the sold part •,' of the first pnrt,for end in considerntion of the aunt of 42 Ti't' Dn ii” e,1r 00) "i'.11) rat' ' I , ' 1: :,S i'( DOLL'ARS.x to the said part of the first pert In hand paid by the laid part-/, of the second part, the receipt whereof is hereby confessed and acknowledged. hey, remised, released, told, conveyed and QUIT CLAIMED, and by ' these presents do remise,release,sell,convey and QUIT CLAIM unto the said part of the second part, • In heirs,successors and assigns,forever,all the right, title, interest, claim and demand which the said fs' part; of the first part he in and to the following described lot or parcel of land situate, lying and I,: 1 1 t+• ben a in the County of n and Stn le of C lm+dn to wit: t { r. 7 ::'),T n h ' l,. r I ]'. "Fµ' i h •.'' n r',) r �t 1 h n ,.,I 1.11. h: t r, c th l r 11 dri,7i v V 4,h'-n' . 1 - I nt.rt : 't, Inn'tn. 11. �� t 1 . rr kit [. . I n ra t I. It ' 1 1 Pt( ` in() 'ql-. ir" a" V44 iniith,,,,:.t. ' ortl r ttrt h 1.'.0 7,9 ;:,• rj. r;w -( I1'ii Fr r3 .11rr. ,; h ,' 14: 1 L tin .v.'. t ;rain 1. . tin. '.,. X111 t H'-.it1 '11• t !r v . ,1 trtl•✓4.t � t l 'J -.4'I-4 R..".ti N, 1 ;( r) t , 1 1: .1 ., ;011 ^ ; • wv' ttt lr.: c In ;i i•- il'h` 1 L r 'Int tY I e" I'111!1:r: c* ' 1 , 1,,.1'i '4ii IV i I V Pr :Hr. 4 T r.r 1,� 1 .!1 rail r 'reironnF.r 4 ',Pr 0 nil' .. .,Ltnp ' vi 7, :b, 1'_ ' I. . r'l.l`If: ._n(: 10.1] .n.' '.(labny'in `I' t' ,L. 'It Ir+.rnatl'. the r., rill it; TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto ' I belonging or In anywise thereunto appertaining,and all the estate,right,title, interest end claim whatsoever,of the •`.. said part of the first part,either in law or equity, to the only proper use,benefit and behoof of the said ,; part V of the second part, h " heirs and assigns forever.IN WITNESS WHEREOF,The said party of the first part ha 1 hereunto set . hand i. and seal the day and year first above written. 1 it d't'1,-- [SEAL] ci ) Signed,Scaled and Delivered in the presence of ' , on;1 Dp ' ..! - (SEAL)41 L� ... v . (SEAL) e,, L I (SEAL) • y __ al STATE OF COLORADO, ) (.. •e.`r County of C�' Gr2 ea. e Ir.") III .) ,.cam C,(��L.Cf. w. The foregoing Instrument nee ncks wledged before me thin .. d day of 1f.1.. ,, f.1 • . .. . . P III +g 7hl.by '1 fti "'' MOODY as sal commission expires `)„�C/ 2/ .IP?.Witness my hand and official seal. F o v out ---K/ �...,:,_�i'�-1i`r=' —Not wa. f:f cs"•..b. // m e. g+ :a. +' l NO ryT gU1T CLAIM nFFn. I,nln.rll II rvt' .I. Y1 ,S ,a 11 'r,Cul nL M1't,0111 IIdA ,.- • � ;a11L`r ,.f.algl'R`'. la.s, +h40. :'4td!iYwktYl._'NM/4T(b:_tt9 �WeilN1k,',hgy.k' nit .,�•'wt It NJY 4 ''-•t v t44 tit•44Aa • ARc045494 B 1106 REC 02045994 03/13/86 09:27 56.00 1/002 F 0008 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO DEED OF DISTRIBUTION PY PERSONAL REPRESENTATIVE THIS DEED is made by Paaela Irene Valencia as Personal Representative of the Estate Robert R. Moody, a/k/a Robert Raymond Moody, Deceased, Grantor, to PAMELA IRENE VALENCIA, 2600 E. 24th Street, Greeley, CO 80631; PEGGY JEAN BLATTER, P. O. Box 480, LaSalle, CO 80645-0480; MICHAEL WILLIAM MOODY, 25041 U. S. Highway 35, P. O. Box 640, LaSalle, CO 80645-0640; and RAYMOND JAMES MOODY, P. O. Box 640, LaSalle, CO 80645-0640, Grantees. WHEREAS, Robert R. Moody died intestate at LaSalle, Colorado on October 21, 1984; and WHEREAS, Grantor was duly appointed Personal Representative of said estate by the District Court in and for the County of Weld and State of Colorado, Probate No. 84PR296-I, and is now qualified and acting in said capacity; and WHEREAS, the Grantees ere determined to be the persons entitled to distribution of the hereinafter-described real property, and Grantor is authorized and directed to distribute the same to Grantees; 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 Grantees the following real property in Weld County, I I Colorado: Parcel 1: The East 50 feet of the West 150 feet of the East Half (E15) of the Northeast Quarter (NE§) of the Northwest Quarter (NWy) of Section Thirty-one (31) , Township Five (5) North, Range Sixty-five (65) west ur Lhe Sixth Principal Meri- dian, excepting therefrom the property described as an exception in Deed recorded in Book 1064, page 112 of the Weld County Records, reference to which is hereby made for greater certainty; Parcel 2: The SE4 of Section 24, Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado, except for that portion of said SE`t of Section 24 as was conveyed to the Union Pacific Railroad Company by Warranty Deed recorded March 24, 1909 in Book 300, page 149, Weld County Records; B 1106 REC 02045994 03/13/86 09:27 $6.00 2/002 F 0009 MARY ANN FEUERSTEIN CLERX 6 RECORDER WELD CO, CO Parcel 3: The South 300 feet of that part of the SW4 of the 5W4 of Section 29, Township 5 North, Range 65 West of the 6th P.M. , lying West of U. S. Highway No. 85 and South of the South Platte River, in Weld County, Colorado. All that part of the SE4 . f Section 30, Township 5 North of Range 65 West of the 6th P.M. , Weld County, Colorado, described as follows: Beginning at a point on the East line of said SE4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast corner thereof; thence South 300 feet to the Southeast corner of said SE4; thence South 88°10' West 1168 feet along the South line of said quarter section to a point on the East line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of said County Road North 16°14' West 300 feet; thence East in a straight line to the point of beginning. EXCEPT right of way as granted by Deed recorded in Book 650, Page 125 and corrected by Deed recorded in Book 669, Page 415, Weld County Records. EXCEPT easement as granted by Instruments recorded in Book 715, Page 68 and in Book 975, Page 354, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1414, Page 454, Weld County Records. EXCEPT rights of access to and from any part of the right of way of State Highway No. 3 as conveyed to The State Highway Commission of Colorado by Deed recorded in Book 1414, Page 456, Weld County Records. The SW4 of the SW4 of Section 29, in Township 5 North of Range 65 West of the 6th P.M. , Weld County, Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998, Page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1155, Page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1413, Page 617, Weld County Records. EXCEPT rights of access to and from any part of the right of way of Colorado State Highway No. 3 as con- veyed to the State Highway Commission of Colorado, with the exception of Limited Point of access set out in Deed recorded in Book 1413, Page 619, Weld County Records. with all appurtenances. Executed this 3RD day of 4 a.k.e4C_) , 1985. Y STATE OF COLORADO ) me ene .a.encia, Personal ss. Representative of the Estate of COUNTY OF BOULDER ) Robert R. Moody, Deceased ••^°••,••• The foregoi ins rument was acknowledged before me this .41.,*:..‘ �,•.,*, PO yR-a day of /$11oeh , , 1985 by Pamela Irene Valencia, i �y ��•"PE� onal Representative of the Estate of Robert R. Moody, Deceased. apTAP,y':m ,,,,4 .O.O'o-' 1O:Witness my hand and offic'al seal. artiv ,4 t, pUnn\V =n My commission expire sT ' // !f86_ mf.• f Or • No ry Public -7- ; B 1188 REC 02133619 03/10/88 15:45 $6.00 1/002 AR2133619 F 0171 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CC WARRANTY DEED State Documentary Fee • TIIIS DEED,pn,de m.. 23rd ea.„f February ,pi 88. &.,— ',metr. Dates-.�.� y • PAMELA IRh:SE VALENCIA, PF.CC1' JEAN RIMIER, MICHAEL WILLIAM MOODY, and RAYMOND JAMES MOODY et th a Coon',o; Weld .so eo•colact' grantor,•I and DANIEL LEE OCIISNER and BARRY J. PAYANT ..how kgaladdtr..,, P.O. Box 66, Eaton, CO 80615 i. of the County of Weld _cue of Colorado.grantee,' • wirNF_CSF.TI,That O¢grant'n.)for and in.an.ideratian of the.um of (S a 5,000.00) EIGHTY FIVE THOUSAND AND NO/100THS- - - - - - - tx)ll-'CS. . . the receipt and tollF''cm.,,(..ni.r,enneaexm,+tedpe,f ha ve granted h :. Id ands cod nutbv mew pile•e,u d. robm I. t F su. I - f , ur ne vannu.,. their t _.., n Iert: lr net. I,.aae hi ry .. if a rule.lyre and bene in the G,.nn ol Weld f(` end,. drunk-al a.folk,,..: '. See EXHIBIT "A" attached hereto; together with all oil, gas and mineral rights; and all right, title and interest in and to that oil and gas lease recorded in is • Book 1025 under Reception No. 1960878, subject to judgment liens recorded as " Reception Nos. 02046292 and 93 in Rook 1106 or. Pages 0535 and 0536 (Civil Action No. 85-00873) indicating Ray Smith as the judgment creditor. EXCEPT: Taxes for the year 1988 and subsequent years, not yet due and payable; Condition (in Parcel 1l2) in patent recorded in Book 131 at Page 367; Right of Way'. (in Parcel J1) recorded in Book 975 at Page 354; All rights of access (P...ce1 1 #1) recorded in Book 1414 at Page 456; All rights of access (Parcel ill) recorded in Book 1413 at Page 619; Right of Way Easement (Parcel ;i1) recorded in Book 929* aio(nowt by.Lea and nun her a.. Y TOGETIMIR 9,th all.Ind ungu lar the here)t tand a e pun -c.then:to belonging.or i^ant.,I1,t u rfc t F.and the te.e bn and m ea ,n..term,Ier at! n.tinder,yens. e,and wont.theno! and ad the.rn M1 title.'Wendt. and demand at'.oe.cr of tin- er Inl., col h Nutt,. "or f. Dr d the_F M! t ptnike. ut' then dt and opt• ; In IIAI.h%N 10111)1.1)the that pr n..otbne ha.v,ned and de,nbed y tithe appurh4ume•. pnt-the graned'!. Fun and '\ . kygns tonne,' \Ink.grantortY..or them .elves their tic. dperoml rep.tuentto..do ClIVerialq.pant.hatpain.and \ efer to and otth Ow"ranted.,.their heir antlnmen, th t,.t thet f threnmylotg andli .of there purest',they are be .aced of the prend-r.:'bowu con, Ned.ha Ve good..rare,perlea.anrlme and indefea.ihlu tome of,mmntance.In lark in fee\imple. and Fa goN nett lull roue,•mlauth,nn 1, ant hatpin.bell;Ind mm.a the.ae,e III moaner and ftn,a.ene.aid.andlha:the.aL.rtire fire d clear Inuit a. loaner and other-' bargain al .,hoc,u...v,enn.co.umbrynctu and rtYnettok of..hatc-er'tuition nature.oner. thief. *under Reception No. 1905996; Oil and gas lease recorded in Book 1025 under - p' Reception No. 1960878; Affidavit of Production recorded in Book 1063 under , :611 !I 6 Reception No. 2003654; Affidavit of Lease Extention recorded in Book 1152 under cg/C _ Reception h. 2095056. S I t' e e °(} The gr:eon.l'hall and 'll\\ARR N"'A AND R)RINIR DEI'1.ND the R -brea,na pmnuen' he A dl -eahle rooe•. m of me 1,• on he dote 5 .,„...i. their hint 1coigns.a,an.taltandnen;soon ie Non.i full,chummy the .berm'part tlen-of G A\�`v TN^RIl'.1SC 4111'RI OF.Ow e rtoo 'I have e,enue,l h,ddeedna forth Rau (0 ea 7 I- r 2� Paine]/.a IIren \/a l enc is 1 �C` Pe Jean Blotter rq liichael Wr�aam Moody ,,4�—_ Raymond"J es Moody n STATI or eel 011.\Ix) / p • ('outo el —Lp�%C.11'� ��/J)!1 t he haft'�q'y`5 N'Wy,ment wig acke.wledged Won'ram th. I- f February ,1988 , . ' epaZa.. tptk,Valencia, Michael William Moody, Peggy Jean Blatter and Raymond M i,;y,yua„ Mane,m).h,nd and t(c.a.eal I James Moody. . \sQSARY w �a /11 Li� �,o, A , f, PU6 , 2iByitertli iro. c•r and-. No.93:.Reg 3-PS. w\an Wry nth n 6nrl2mtr.yhk Retard. motto&whhmne OM.oh y,.I.Ay...."Co r,•tt agt]11.xon ran • B 1188 RF,C 02133619 03/10/88 15.45 $6.00 2/002 F 0172 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO EXHIBIT "A" • P:1hCEL #1 • • The South Three Hundred fert (S300. 1 of that [art of the • Southwest Quarter of th ti tathee t Quarter (SW1 .4 SWl!4) of Section Twenty-nine (29) ownsh:p rive (5) North, Range Sixty-five (65) host of tL . 6th F `I lying West of U.S. Highway No. 85 and South of the South Platte River, in the Cr.unty of Weld, State of Colorado. • All that part of the Southeast Quarter (SEI!4) of Section Thirty (30) , Township Five (51 North, of Range Sixty-five (G5) Wes'u of the 6th P.N. , County of Weld. State Colordo, described as follows: • 3' I Beginning at a point on the East Line of said SEI!4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of • the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Curl of said SEI!4; thence South 88 Degrees 10' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of said County Road North 16 Degrees 14' West 300 feet; thence East in .. straight line to the Potl,t. of Beginning. • EXCEPT right of way as granted Ly Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, • Weld County Records. • EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 45A, Weld County Records. PARCEL ;2 The Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29) , in Township Five (5) North, of Range Sixty-live (65) West of the 6th P.N. , County of held, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998 at page. 506• Weld County Records. EXCEPT parcel of laud as conveyed by Deed recorded in Book 1155 • at page 610, Weld County Records. • EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 617, Weld County Records. • • .9 • • SHERIFF 'S DIED UNDER EXRFTiON is 1238 REC 02185337 07/ 1. 1/H1 ' sr 0110 i,5, , 144' 1t,r,; ' WHEREAS, Roy Smith d1.d at a torn of thn District Court for the County of Weld and State of Colorad o, recover a jud7mant against Randy flatter and Peggy flatter for the sum ;17, F8 -; ? 'and costs of suit, upon which judgment ::n execution, ,ernissued, dated the 13th day of ;,.,c,,,'be Sheriff of the County of Weld in the SState of virtue of said executon, the Sheriff irf levied Colorn the 2anda ado,;o and l and property hereinafter described and to public notice had been given of the time and place of 3c' n an required by lew, fhe same were offered for sale and were .;true)' off and sold to Cecil Smith the highest and best bidderri) therefor, and the nano � . helot been redeemed from such sale and the time for r dem tiohne °n . expired, and the said Ro Smith having r i, r t e r r3 r r: cr. Cecil Smith, NOW, THEREFORE, KNGW ALL BY THIS DEED, That T Sheriff of the �� JcrBai County of Weld, in the State of Col.ore.^.;,, - consideration of the p- ,miles, have granted, bargained and nod and do hereby convey to the said recil._;ni.th h is heirs and assigns, the following described tract cr tracts of land, situate, lying and being in the County of we`d and State of Colorado, to wit: PARCEL #1 The South Three Hundred feet (S300' ) of that part et tte Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29) , Township Five (5) North, nq y_ five (65) West of the 6th P.M. , lying West of U.S. Highway No. oS and South of the South Platte River, in the County of Weld, State of Colorado. k All that part of the Southeast Quarter (SE1/4) of Section Thirty(30) , Township Five (5) North, of Range Sixty-five (ft) WeAt ., the 6th P.M. , County of Weld, State of Colorado, dsarrit -I ys follows: Beginning at a point on the East Line o£ said St1/a, Section a 'Township 5 North, of Range 65 Wont, which h: 300 !rot Ne th the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Ceti of a.a '9 SE1/4; thence South 88 Degreon 10' Went, 1168 foot along the South Lino of said quarter section too Lic "r point on the 7:not Line or ti-,9 Ctrk:M,1. Road running Northeasterly ncroea said lartnr mettles: tr,sre's along the Easterly and Southerly lino or said C yr 300 1 Peal 16 Degrees 14 ' Weat £eat: thence Eant 1.n a straight lino to the. Sr .,, • r 1 _ I; rI q u, 1 i e L h . r7 ,! , ,:,7, 7,77:• ; iii : , : ,. a ' . . i ':',I I ; i 1 , r ` it 1 ,. r 1,, c.;.:' .C , _ ,.,r Weld Co ; .1'1'_1 1 C,c::Y1.. . EXCEPT parcel of land a conveyed , at by )r.,..n +-rrp rvded •'?r;.;. _., 1. :i page 454 , Weld County Rer_ord^ . PARCEL ;';2 Th? Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29) , in Towr :hip Five (5) North, of Range [, Sixty-five (65) West of the 6th. 2..M. , County of Weld, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 996 at page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1:. 5 at page 610, Weld County Records. EXCEPT right of way as ::onveyed by Deed recorded in Book 1413 at page 617, Weld County Records . Together with all oil, gas and mineral rights; and all right, title and interest in and to that oil and gas lease recorded Sr. Book 1025 under Reception No. 1960878. EXCEPT: Condition (in Parcel 42) in patent recorded in Book 121 at Page 367 ; Right of Way (in Parcel #1) recorded in Book 975 at o- ' Page 354 ; All rights of access (Parcel #1) recorded in Book 1414 at Pane 456; All rights of access (Parcel 42) recorded in Book. 1413 at Page 619; Right of Way Easement (Parcel #1) recorded in Z. Book 929 under Reception No. 1905996; 011 and gas lease recorded in Book 1025 under Reception No. 1960878; Affidavit of Production recorded in Book 1063 under Reception No. 2003654 : Affidavit of Lease Extention recorded in Book 1152 under Reception No. 2095086. TO RAC, AND TO HOLD the said described premises, with all tha appurtenances thereunto belonging to the said _c=) Ez 4a1 , h is heirsand assigns, forever. ._. WITNESS my hand an d seal thin PI _ day of 1.:1 , 1989 ::::11. _ ; Sherof of s:e d County, Colorado OF COLORADO ) 3r7. ok PO vf COUNT Gp� cc. :Y7ELD < The.. .foregoing insytrument was acknowledged before me to Nelid Ca :<y .Colorado this IL(+L. day of Jul. , q a ; . >, , seal. Pis commission cr.pire ,,, c . !h?4U9s2 A a ..r. n:,d nrt ,Ya.; _ _ gym\-1 ;,-.)1. { � 1z Ol £..)1. t. / tit i^ti I (f.},,.ei ri. -. .t'J.._... ._. `gin a•. i,.P : f is 1W • flnJtiuII1rT : 26 RhC O. . . %l14 UIRC /91 I6 : vi0. 6r. 1 ",C: . _ t F U.. .7 F.'.L ' TP' '': C;.I;It? ,;LO Si i%I L a!'Lv CO, _ CORRECTED SHERIFF'S DEED UNDER EXECUTION WHEREAS, Roy Smith did, at a term of the District Court for the County of Weld and State of Colorado, recover a judgment against Randy flatter and Peggy flatter for the sum of $17, 523. 96 and costs of suit, upon which judgment an execution was issued, dated the 13th day of December, 1238 , directed to the Sheriff of the County of Weld in the State cf Colorado, and by virtue of said execution, the said Sheriff levied upon the lands and property hereinafter described and after public notice had been given of the time and place of sale as required by law, the same were offered for sale and were struck off and sold to Cecil Smith, being the highest and best bidder therefor, aid the same have not been redeemed from such sale and the time for redemption has expired , and the said Roy Smith having assigned the judgment to Cecil Smith, NOW, THEREFORE, SNOW ALL BY THIS DEED, That I, Ed Jordan, Sheriff of the County of Weld, in the State of Colorado, in consideration of the premises, have granted, bargained and sold and do hereby : onvey to the said Cecil Silith, his heirs and assigns, the following described tract or tracts of land, situate, lying and being in the County of Weld and State of Colorado, to wit: An undivided one-fourth (1/4) interest in the following two (2) parcels of land: PARCEL #1 t The South Three Hundred feet (S300 ' ) of that part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty- 1 nine (29) , Township Five (5) North, Range Sixty-five (65) West of t the 6th P.M. , lying West of U.S. Highway No. 65 and South of the E South Platte River, in the County of Weld, State of Colorado. All that part of the Southeast Quarter (SE1/4) of Section Thirty (30) , Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M. , County of Weld, state of Colorado, described as follows: Beginning at a point on the East Line of said SE1/4, Section 2(:‘, Township 5 North, of Range 65 West, which is 300 feet North of the E Southeast Corner. (SE Cor) thereof; ) thence South 300 feet to the Southeast Corner (SE Cor) of raid SE1/4; i thence South 88 Degrees 10 ' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of said County Reao North IC. Degrees 14 ' West 300 feet; thence East in a straight line to the Point of Beginning. rt FI) 0 . .rr! 1Z1rflr? r., .. . +.'{ � '*S�I'� .1 D Ii1 irt '1 r � 1"1;C 022 '7714 (S1 /04/91 16: 41 • 10. 00 2/002 : 059 N;"RY 61.'1\ : EUEnsTEin C'.ERY & ,'RECORDER WELD CO, CO EXCEPT right of way as granted by Deed recorded in Book BED at pale 125 and corrected by Deed recorded in Book 669 at page 415, Wc1d. County Records. EXCEPT parcel of land as conveyec ';y Deed recorded in Book 1414 at page 454, Weld County Records. PARCEL 12 The Soi:ri',hwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section/ Twenty-nine (29) , in Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998 at page 585, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 517, Weld County Records. Together with all oil, gas and mineral rights; and all right, title and interest in and to that oil and gas lease recorded in Book 1025 under Reception No. 1960878. EXCEPT: Condition (in Parcel #2) in patent recorded in Book 131 at Page 367; Right of Way (in Parcel #1) recorded in Book 975 at Page 354 ; All rights of access (Parcel "-, l) recorded in Book, 1414 at Page 456; All rights of access (Parcel #2) recorded in Book 1413 at Page 619 ; Right of Way Easement (Parcel. #1) recorded in Book 929 under Reception No. 1905996; Oil and gas lease recorded in Book 1025 under Reception No. 1960878 ; Affidavit of Production recorded in Book 1063 under Reception No. 2003654 ; Affidavit of Lease Extention recorded in Book 1152 under Reception No. 2095086. TO HAVE AND TO HOLD the said described premises, with all the appurtenances thereunto belonging to the said Cecil Smith, his heirs and assigns, forever. WITNESS my hand and seal this ' day of 9 _[SEAL] , Sheriff of Weld County STATE OF COLORADO ) ss. COU)NTYt QF WELD Set'.¢; l-ltpd 'and sworn to before me this day of 119913.T With6sn my hand and official seal . 1y gomnii1sSj.on expires: > ; Notary Public — ---- — • B 1287 REC 02238532 01/16/91 10:02 >15.00 1/003 AR.223°532 _ F 1227 MARY ANN FEUERSTEIN CLERA 6 RECORDER FIELD CO, CO c� `Wafrartty`DeeaE c THIS DEED is a onueyance of the teat property described Detow including any improvements and other appurtenances(the property l Iron,the rna•ndual l9.corporation is t.partne•sn•pisl orpmu enolyoes)named below as GRANTOR to themdivrdual(st or emnypes)named below as GRANTEE The GRANTOR hereby sees and conveys the property to Ine GRANTEE and me GRANTOR warrants the title to Inc property. ”CCD!for n l the lien o1 me general property taxes for the year OI tins oeed.which me GRANTEE wilt pay(21 any easements and rights-phway shown OI record!DI any patent reservations and exceptions tat any outstanding mineral interests shown of record IS) any protective covenants and restrictions shown Ol record and(CI any additional matters shown below under"Additional Warranty Exceptions The Specific Terms of This Deed Are: Grantor IG,.e•am 5,and oure!vor.es,overr.rmaro••s.ice..,.n.-.,nfans•r s1 +,nvml+o Jeep In teeny nnmestuee toms•:enup o•anlr.•s as nrrshanh aria woe BARRY J. PAYPN iI SL7te Documentary Fee Data P.O. Pox 56; Fat or, Colorado R0615 S Grantee: tOtve amen,A^0 aomess,ee, Eat totem o..rco•e ,eru,c ss � :nr m,•,mre mad ar sure:n:F.per en novae:I RAR7EL U-F CC'=.`.-" 2888 Bluff Strew; Fou-,der, Colorado 80307 o Form of Co-Ownership: +r4rer.o or mu.;earners-•.t ••nm.y wen Oe'Or)dens in use as tenants in common unless lee words 0 .n I renan<, Or wows r r m+.am.mnn,nn nr• .nn.-.r•the space perow 1 14 Property Description: rrro.•oe coemy ana mar.., ,j ) ALL GILA T019.9 RICH T, :i172. /W :'..rp:RFSle n. A."fil TO 'UiE poILa:ye : FARM., `1 The South 17-tree Hundred feet (C300') of that pa':t of the 7(x_tlures( fh:arter of the Southwest. Qtarter (8,91/4 Z-11/(1) of Sr.rt_cn Twenty-nine (29) , 'Ccsr+:mhip Five (5) North, Range Sixty-five (65) erect. of the 6t1: P.V., lyinr: 'sort of 0.F'. ai0hway re. 85 and South of the South Platte River, ir. the County of Weld, Starr of. CO1c0 P60. (Continued--((Eh(hit "A") Property Address: 25033 & 25037 Hi r:lwav RS LaSalle. Col nr,aic: 80R45 Consideration: -slAtem.nt e0.mina.arno.nt opt.Aal NoNvate comenetarton tor to nr n ,c.ii ne 0.5amna tan vie Ine-san.eyanceix eie•9 n,..•1 .n.. risen, .n ...t-r+ .. es,e .e n ncono t.onatl FORTY mlatSAII, AED no/looth- ($40,000.00) no11r;:'r. Reservations-Restrictions: I•in+(RAN•no,ninny.It,'n.-.•r•.r n•, ..a.nrne non^•,.,n reef r•r a.n..nano.pwn-r,,.rmn GRANTOR ' nrestsitrr ornr.I.RANtr t'.''1 .•.Lr.,ir.,'. ^nrr...rrr•••r.r hexer :...i. . See at:ached Exhibit. "2" Exception. incn:nrrated herein by refer-me? c Additional Warranty Exceptions: :mcs.ce care ii ices:p.,rg.n,,•=-,art Mne'r Genera] prornrty taxes and/or special improvements/assess-rent'', whether cs rertly assessed or eel , for the current year and all years etsmlrnt. -Loreto c f..r.n...,name Gun:e-n• :January '!1 o G'_ agnarore Cbua rw eoeeonrron.Pannenh,p or baacunan Styvmr r<i5DR len lneu,Ceallsl Name 01 Grantor CO'OOraion Parme oto or Association PARRY vpf � Gr.�rn• b. — - —__—__.._ .._--_ Gamne Hy Attest ______ G'anror STATE OF COLORADO ss COUNTY OF l'.1.7D 1 The roreernenp.napr,menr was acs nowteaoao wore me thin lit)) pay or Jaruar j .19 91 By BARP.Y J. PAYNT. •t wITNESS my nano and on•cear sea say commis.aa sapan: y 25, 1991 . . . : , Newry( STATE OF 1 930 ((th re'Avenue; ( tee l icy, CO 8063(. ss 'COUNTY OF 1 Is,fora-gem)rnsvumest was acxno.leodee sere,.me mes day or 19 Sr- I•name•no.•teal Grantor's'or ei Granter is Corporarron Partnership or Assocmmn'nen'Conley sepeers as presicem crime pies•Oen I and re:Mary or assistant eecre:ary or cot potation or as wnnerul tie pame6ni0 Or as au:n w-net mem see sr or aseoc•auon I wiTNESS my'area and Of sus my commission noires: Notary Public c lean UPDATE LEGAL ORMS NO.201 SKLD LO 172 . 20 . 16 . 94 WE 2238532-1991 . 001 7 B 1287 REC 0223853201/16/91 10:02 X15.00 2/003 F 1228 MARY ANN FEUERSTEIN CLERK S RECORDER WELD Co. CO EXHIBIT "1" Warranty Deed It= DESCRIPI'ON (continued) All that part of the Southeast Quarter (SEI/4) of Section Thirty (30) , Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M., County of Wold, State of Colorado, described as fel'taws: Beginning at a point on the East Line of said SF1/4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (St Cor) thereof; thence South 300 feet to the Southeast. Corner (SE Cor) of said SEI/4; thence South 88° 10' west, 1168 feet along the South Line of said quarter section to a point on the Fact Line of the County Rows; running Northeasterly across said quarter Section; thence along. the Easterly and Southerly Line of said County Road North. 16° 14' west, 300 feet; thence East in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, Weld County Records. EX.CEFF parcel of lard as conveyed by Deed recorded in Book 1414 at: page 454, Weld County Records. PARCEL '.`2 The Southwest Quarter of the southwest Quarter (Stgl/4 Soul/4) of Section Twenty-nine (29), in Twnship Five (5) North, of Range Sixty-five (65) West of the Iith P.M., County of weld, State of Colorado. FYCEPI' right of way as conveyed by Deed recorded in Bock 998 at page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in. Book 1155 at page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 14;3 at page 617, Weld County Records. FARM, #3 The East Fifty feet (E50') of the West One Hurdred Fifty feet (W1`.i0') of the East Half (E1/2) of the Northeast Quarter (IY4l/4) of the Northwest Quarter :Leal/4) of Section Thirty-one (31), Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEPTING TFE F.FRON. the property described as an exception in Deed recorded in Bock 1064 at page 1:2 of the weld County Records, referenced to which is hereby made for greater certainty. TOGETHER WITH all Oil, Gas and ocher Minerals in, on, under and abobe subject property owned by Grantor; AND TOGETHER WITH all Royalty Rights owned by Grantor; AND TOGETHER WITH all underground, surface and flood rights owned by Grantor; FURTHER TOGETHER WITH all easements and rights-of-way appurtenant thereto; AND TOGETHER WITH all improvements thereon, all appurtenants, hereditaments and all water and water rights, wells and well rights, ditches and ditch rights, water stock and ditch stock appurtenant thereto or decreed for use thereon, and flood rights. SKLD LG 172 . 20 . 16 . 94 WE 2238532-1991 . 002 B 1287 REC 021112 01/16/91 10:02 >1.5.00 3� • F 1229 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ' ldatranty Deed EXHIBIT "B" EvCEFli VHS A Condition contained in the United States Patent recorded June 3, 1910 in Bock 131 at page 367, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law, and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel P,2) Right of Way for telephone and telegraph purposes as granted to Mountain States Telephore and Telegraph Company, by instnn nt recorded March 29, 3935 in Book 975 at page 354, Weld County Records. The coute of said Right of Way is not set forth in said instrument. (Parcel. 41) Each and every right of access to and froa any part of State Highway No. 3 as conveyed to the State Highway Commission of Colorado by Deed recorded March 19, 1955 in Book 1414 at page 456, Weld County Records. (Parcel 41) Each and every righr of access to and from any part of Colorado State Highway No. 3 as conveyed to the State Highway Commission of Colorado, with the exception of Limited Point of Access set out in Deed recorded March 10, 1955 in Book 1413 at page 619, Weld County Records. (Parcel 42) Right of Way rasenent for electric transmission and distribution purposes as granted to Etudre Valley Rural Electric Association, Inc., by inst_ranent recorded Cctcber 8, 1982 in Book 929 under Reception No. 1905996, Weld County Records. The route of said Right of Way is not set forth in said instrument. (Parcel 41) An Oil and Gas lease, and any and all assignments thereof, dated June 10, 1982, executed by Robert R. Moody and Jessie Moody, as Lessor and Patrick D. O'Brien., as Lessee, for a term of Three (3) years, recorded March 28, 1984 in Bleak 1025 under Reception No. 1960878. The above Lease has been extended by mesas Affidavits of Record, the most current was recorded April 8, 1987 in sock 1152 under Reception No. 2095086. Further excepting residential tenancies in possession and except restrictive covenants of record which do not contain a right of reverter, if any, and except for apparent casements, and further existing roads and public highways and established easements of record, if any, and Subject to burdens of special districts including, lint not Limited to, fire protection and soil conservations districts, and subject to zoning and building regulations. SKLD LG 172 . 20 . 16 . 94 WE 2238532-1991 . 003 1�� B 1287 REC 018534 01/16/91 10:04 °15.00 0003 AR2238534 F 1231 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Caroline Smith _ State Documentary Fee Date Art u r Cecil ,Smi t irk_as Personal Representative of the Estate of $ Daniel Lee Ochsner -- •deceased,Grantor. to .Grantee, whose legal address is 2888 Bluff St.Boulder, Colorado 8(3102 ofthe *Countyof Boulder _ ,and State of Colorado WHEREAS.the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent,and is dated June 8 _ .19 88_.which Will was duly admitted to Ufa)(informal) probate on December 26 .19 90 .by the District _Court in and for the County of Weld .State of Colorado.Probate No.9 01'830 0 WHEREAS.Grantor was duly appointed Personal Representative of said Estate on DECember 26 19 90 •and is now qualified and acting in said capacity. NOW.THEREFORE,puisuant to the powers conferred upon Grantor by the Colorado Probate Code.Grantor does hereby sell, convey, assign, transfer and set over unto said GrantceXmsjanxovanc$pt%llbr and in consideration of Fifteen Thousand ($15,000.00) Dollars)'* I7 xteel rite e pawn tthlotHadixubtaionatitheeprepertrto exbateccemioxed°WiRMRthe following described real property .y situate in the County of Weld .State of Colorado: An undivided one-quarter (1/4) interest in the property described in Exhibit A. (being all its interest in said property) . Together with all easements and right-of-way appurtenant thereof; including an undivided interest in all water and water rights, ditches and ditch rights, and water and ditch company stocks decreed for use upon or appurtenant to the lands described in Exhibit A, including ( the use and benefit of any easement or right-of-way appurtenant thereto; but reserving unto Grantor its current undivided one-quarter interest in all oil, gas and mineral rights; and it: right, title and interest in and to that oil and gas lease rocnrr:ad in Book 1025 under Reception No. 1960878, but subject to Grantee's, or its heirs, successors, or assigns option to purchase said oil , gas, and mineral rights and lease rights at any time up to three years from the date hereof for the sum of five thousand dollars cash or certified funds paid to the Estate or to CarolineSmith as the devisee of said property c f kctthe Ei tatetanorrbeher heir, successor or assigns whomever shall then be in title to said rights. With all appurtenances,subject to covenants,easements and restrictions of record,and subject to general property taxes for the year19 90 ,and subject to See Exhibit 8 and 1991 / *a/k/a Cecil Smith As used herein,the singular includes the plural and the plural the singular. Execute4k' /-A/ / t9 `r C / CAROLINE SMITH Pcn nal Representative „f l.Ewes At hu r Cecil Smith also known as Cecil Smith Ixcesed AR I ZONA STATE OF M 9 }... COUNTY(F /,✓e7 L The foregoing irsrument was acknowledged before me this 3y day of /Jf Cd',/'fi- , ;.19 , by l" 'scE n.— j„..74 _ as Personal Representative of the Estate of a* •• ,Deceased. Witness my hand and official seal. **also known as CECIL SMITH My commission expires 7 ✓C 9/ .__. • 1 Ne •If in Dower. n-crr,"(1q anJ' - ^timFe as required CPCM.Rev.11-57. PERSaNA I.RavavisviNTATIVE%DFfat eosin SKLD LG 172 . 20 . 16 . 94 WE 2238534-1991 . 001 --•. - • E\IIIDlr -A- • f•,V(CtL It The South Three Hundred fa.c (S)00' ) of that part of the • Southwest Quarter of t6. Southwest Quarter (SM1. 4 SWI/il of Section Twenty-erne 129), Township five 151 North. Range Sixty-five (05) heht of the Gth t'.M.. lying hest of U.S. nr(jhuay No. CS .and South of the South Platte Ricer. in the County of t.L•Id. State of Coloradu. • • All that part of the Southeast Quarter fSEl/4) of Section Thirty • (30), Township rive I5) ,North, of Range Slnty-five 1651 West Of the bth P.M.. County of held. Stote of Colorado, described as follows; • Beginning at a point on the East Line ul' said SE1N. Section 30. - To.nship 5 North. GE Range G5 West. which as 300 feet Notch of the Saucheast Cosier 1St Cwt.) tl.. uf; thenc South 3uu feet to the Southeast Corner (SE Cot.) of said SE1,4; thence South 88 Degrves 10' West. 1168 fret along the Souch Line of said quarter section to a point on the East Lint: of the County Road running Northeasterly across said quarter section; theuue along the Easterly anJ Southerly line of sa 4 d County Road North 16 Degrees 14' test 300 feet; thence East an a straight lane CO the Point of Boy nn>n9. EXCEPT right of way as .)ranted by Deed recorded in Book 550 at page 125 and corrected Ly Deed recorded in Book G69 at page 415, held County Recoids. EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 454. Weld County Records. • PARCEL 47 The Southeast Quarter of tie Southwest Quarter (SW1/4 :,n1. 4) of • Section Twenty-nine 129). in Township five (5) North, of Range Salty-fa a 165) West of the bah P.H.• County of held, state of Colorado. EXCEPT right of way as cone-yed by Deed recordeu in Cook 998 ac iiave SCL, Meld County Records. CNCEPT parcel of lend as conveyed by Deed recorded in Book 1155 at page 010, Weld Scanty Reoutds. EXCEPT right of way es conveyed by Deed recorded an Book 1413 at page G17. Meld County fteeords- • B 1287 REC 02238534 01/16/91 10:04 X15.00 2/003 • F 1232 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ® 7.. • SKLD LG 172 . 20 . 16 . 94 WE 2238534-1991 . 002 B 1287 REC 038534 01/16/91 10: 04 4100 3/003 F 1233 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B except oil, gas, and mineral reservations of record; and subject to residential tenancies now in possession, and oil, gas and mineral leases now in existence and subject to burdens of any special districts, including but not limited to, fire protection and soil conservation districts, and subject to zoning and building regulations of the County of Weld. W 2238534-1991 . 003 SKLD LG 172 . 20 . 16 . 94 E Form No. OFFICE OF THE S•E ENGINEER • GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 666-3581 21 WELL PERMIT NUMBER 39 34,Q - -� APPLICANT DIV. 1 CNTY. 62 WD 2 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION WELD COUNTY DANIEL OCHSNER RECE*,VE9 SE 1/4 SE 1/4 Section 30 18905 WCR 394 Twp 5 N RANGE 65 W 6th P.M. LASALLE CO 80645- A y 1991 OC ' DISTANCES FROM SECTION LINES (970)330-3839 vo ¢ p qi 185 Ft. from South Section Line Gnarl, 237 Ft. from East Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT /J \ CONDMONS OF APPROVAL 1) This well shall be used in sq h a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)for the replacement of an existing well, permit no.39369-F(decreed by the Division 1 Water Court as Moody wall no. 1, case no. W-4513). The old well must be plugged according to the Water Well Construction Rules. A Well Abandonment Report must be submitted within sixty (60) days after construction of the new well, affirming that the old well was plugged. 4) The use of ground water from this well is limited to domestic, commercial, livestock watering and the irrigation of 1 acre of lawn and garden. 5) The maximum pumping rate shall not exceed 117 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 30 acre-feet, as requested. 7) Production is limited to the unconfined aquifer. The depth of this well shall not exceed 50 feet or the top of the confining la comes first clay series,whichever 8) A totarmng flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least monthly) and submitted to the Division Engineer upon request 9) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed at least 600 feet from any existing well completed in the same aquifer that is not owned by the applicant 11) This well shall be constructed not more than 200 feet from the location decreed for Moody well no. 1 In case no.W-4513. 12) This well shall not be pumped unless included in a court approved plan for augmentation or a substitute supply plan approved by the State Engineer. 13) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. 14) The change in use is a change in water right. This well shall be junior to all vested water rights until such time as the change has been approved by the Division Water Court and the well then must be operated in accordance with the terms and conditions of that decree. �/ /re. -77 APPROVED Y��ddd d e "� ' / RAN �iXvi 6lftt--,,yr.e—rw Stele Engineer By Receipt No. 0418033 DATE ISSUED 0 C T 10 1997 EXPIRATION DATE 0 C j 1 0 199A ORM"o. STATE OF COLORADO • For Use only VAIS-1zNwag OFFICE OF THE STATE ENGINEER 0 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT NUMBER 393 s'7 Q`F (303) 8663581 REGISTRATION OF DECREED EXISTING WELL PURSUANT TO C.R.S.37-92-304(8) 'if/411610N COPY 1. WELL OWNER -hair 4 COPY NAME(S) : DANIEL OCHSNER Mailing Address: 18905 W.C.R. 394 JUL 2 4 '91 City, St. Zip : LASALLE, COLORADO 80645 WATER HOMES Phone: 330-3839 °IVES1C&O GREELEY,GOIOMDO 2. WELL LOCATION: COUNTY: WELD OWNER'S WELL NUMBER: #2 (Address) (City) (State) (Zip) SE 1/4 of the SE 1/4, Sec. 30 Twp. 5 NORTH , Rng. 65 WEST, 6 P.M. Distances from Section tines 170 FEET FROM SOUTH Section Line, 620 FEET FROM EAST Section line. 3. The well has historically been used for the following purpose(s): DOMESTIC. COMMERCIAL(EGG WASHING AND RENTAL UNITS) AND IRRIGATION OF 10 ACRES. 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on MARCH 3, 1952. 5. The total depth of this well is 25 feet. 6. The pumping rate is 235 gallons per minute. 7. The average annual amount of water diverted Is acre feet. 8. The land area irrigated from this well is: 10 acres described as: 10 ACRES IN THE SE 1/4 OF THE SE 1/4 SECTION 30: - (Legal Description) FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS, THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 1 WATER COURT IN CASE NO. W-4513 FOR WELL NO. 2 THIS ACTION WAS INITIATED BY DANIEL OCHSNER. THE REGISTRATION IS ACCEPTED ALSO AS AN UPDATE TO REFLECT CURRENT OWNERSHIP OF THE WELL �( . 4av,wt , o. jut 23 1991 ate :nglneer By Date Court Case No. W-4513 Div. 1 Co. 62 WD 2 Basin MD Use 2 _->c r ///- riii • HSP10P INDIVIDUAL. SEWAGE: DISPOSAL SY'S'TEM PERMIT NO.. G-950211 WP:I...I) COUNTY HEALTH DEPARTMENT REPAIR PERMIT Iii '4V:I:IR(:)hll•Il:i ` TAL.. HEALTH SERVICES 1517 16TH AVENUE COURT, GRI:::EL..I:::Y„ CO £306: :1. 53-.0635 E XT .d::'.<::;ii OWNER (iC;I IS3hI1::Fi., D6111:I 6i7... I .,. ADDRESS 18905 bil l;, 394 PH (303) 0 LASALLE CO 80645 ADDRESS (:1P PROPOSED O SF'.T) SYSTEM ;?50,.i:i US 05 I...ASALL..IC CO £50645 L..I:i:CiilL.. DESCRIPTION OF SITE SEi:i:: 5:1. TWP 5 ENG 65 SUBDIVISION;; N/A LOT 0 BL_01::K 0 FILING 0 USE TYPE a PRESIDENT:IAI... HOUW II:F:'JI1.:E3;: PERSONS 2: BATHROOMS iOl S 1 ..00 LOT S3:1:/F: 0,.00 ACRES BEDROOMS :1. BASEMENT PLUMBING NO WATER SUPPLY f EWI:a..l AP'P'L..:I(:;AT:ION FEE $125.00 REC 'D BY ;T(:lr^.NNA CIAL..I...FGOS SIGNED DY DAN:I:Ii:L. OC::FI£i:MI:R DATE 06/18/93 DATE 06/:L0/95 PERCOLATION RATE 18.0 MIN PER INCH LIMITING ZONE S3 F :1 7 :OIL. TiM::. SUITABLE PENCY::hIT GROUND SLOPE: J:; DIRECTION ,'. E.CIOIRES ENGINEER DESIGN I:GN NO IN 100 YEAR FLOOD PLAIN TONE NO FROM THE: APPLICATION INFORMATION SUPPLIED AND Tiii::: ON—SITE SOIL... PERCOLATION DATA TI-Ii::: I (il .l. (:14J:1:1•IG MINIMUM INSTALLATION SPECIFICATIONS REQUIRED S3l:i:P7I(:: TANK :L000 GALLONS, ABSORPTION TRENCH 209 S(. FT. (31R ABSORPTION i:<i::D 282 S3(: .. FT. I:N ADDITION, THIS PERMIT IS S>(.JT:iII_(::T TO Tlllii: FOLLOWING ADDITIONAL TERMS AND ULI.. . f:I.Cill,:•� _._... ..... .......... . . ......... ___......._________________ a N'S PIE::RM:F.1. IS (:'GRAN•1•l•I) .EMP(:1RAF::1:1...Y 111 AI...I...OW CONSTRUCTION 7O COMMENCE. THIS PERMIT NAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE: WELD COUNTY 1:ND:I:'J:I:DUiAI... SEWAGE D:I.SPOSAI... SYSTEM REGULATIONS INCLUDING FAILURE TO Mlzli::"( ANY TERM OR CONDITION i:I:ON :I:MP'O£3E:D THEREON DURING TEMPORARY OR FF':I:NAI... r,PPF:(.1W,J..... THE ISSUANCE OF:. THIS PERMIT f DOES NOT CONSTITUTE ASSUMPTION BY THE i)l:l ,`, ,TMENT OR :1: 13 EMPLOYEES 11F LIABILITY FOP Tl11::: FAILURE OR INADEQUACY OF Tl11 UI84(Will DISPOSAL SYSTEM. > PAM SMITH 06/10/93 ^ �f' I I::N IRONMI NTAI PECIAI LS:3T DATE -MIS FIERI :I.7 IS NOT TRANSFERABLE:RABL..1 AI'ID SHAl...l... BECOME VOID IF SYSTEM CONSTRUCTION HAS HOT C::r)l'ilIG:rlcl::I) WITHIN C.ihllii: YEAR (:1F :I:''l: ISSUANCE. BEFORE ISSUING FINAL APPROVAL.. OF THIS PERMIT TFII::: WELD COUNTY lil:::ALTH DEPARTMENT IR:1.:.:>I: 1. .,(_:E, TIII:-. RIGHT T(3 IMPOSE ADDI— TIONAL. N.:Rh1£i AND CONDITIONS REQUIRED TO MEET OUR u:l::I:,I.IL.ATI:(:lll;S Oh! A CONTINUING BA- IS.. FINAL PERMIT APPROVAL_ IS CONTINGENT Ul 'Chl THE FINAL. INSPECTION OF _fl..n:.: COM- PLETED LI D SYSTEM DY Tl'IL. WELD COUNTY Hl:i:Al...Tll DEPARTMENT. • T'! I 1.N.sTAd I :P: rlc. . ._ . . . ..: .. 1 116' .. INS I1 DATE l lk 1�3 STli..l I ENGINEER R �_�... "'1 '1.C1'•N' ... Yl.'�V�.... .N!:.V.^......1,!...... ........... ............... .. _....___.............. TYPE: OF SYSTEM IhlSTAL.I.....::J) --najdinfre EN'VIRcmuilii:NTAL. SPEXTAI 'MT IIL:: ISSUANCE' OF THIS PERMIT DOZES NOT IMPLY CDl'IFl...:IANL:E W:I:Tll OTHER STATE, COUNTY )I': LOCAL. REGULATORY (:1P? BUILDING Ill:::Du:11: :PIF:TITS , NOR SlW*I.. IT ACT TO CERTIFY THAT Till::: SUBJECT EC'T SYSTEM w:l:l...l... OPPRA71 . :1:N COMPLIANCE WITH APPLICABLE STATE, COUNTY AND LoLAL REGULATIONS ADOPTED I I:::PSCIAN T TO Al;.TI:(::1 .1 : 10, TITLE CRS 1975, AS AMENDED, EXCEPT T FOR THE PURPOSE:: OF ESTABLISHING FINAL NAI APPROVAL OF AN INSTALLED SYSTEM FOR P3SUANCE OF A LOCAL. OCCUPANCY PERMIT PURSUANT T(:1 CRS 1975 2.: . 10 1 :1.1 (2) .. r `' . /` z<i • Otolrq,ss C&,-,)ti' I?`sOS lec2 311/41 Id(ga TC ?trri 9-S-toed Cm-.20. 9-s-te to ekAcidtls d- �' � cc_ 7 //r/ 'c, • B 1287 REC 0223 01/16/91 10:02 S15.00 41,3. AR223?532 F 1227 MARY ANN UERSTEIN CLERIC i RECORDER WELD CO, CO cTh...`Waztaryty6Deed THIS DEED Is a conveyance of the real prepeny desrrineO Debut including any Improvements and other appurtenances(the properly.)from themarvrduagsl.co•Dopbonl sl.parinrsnrplsl or ofnu,entity pest named below as GRANTOR to thelndlvrdualls; Or enmylesl named below as GRANTEE The GRANTOR hereby sells and conveys the properly to she GRANTEE and me GRANTOR warrants the title to the Progeny. except for l l l ma lien of ere general property taxes lw the year of this ono.which me GRANTEE will pay IL1 any easements and ri his.ol•way Shown 01 record 131 any patent reservations dad exceptions 4)any outstanding mineral interests shown 01 record(5) any protective covenants and reslncnons shown of record and 161 any andpronai matters shown Pelrrw under-Addllional Warranty Exceptions The Specific Terms of This Deed Are: Grantor: to...s.mr.s:via tier.ru o••wrrore.1 me xnw..,n n.nw-.,hisnnv rs yx^ne in tn..Deer in grease rnmeswac rums Iamnly pram.-•\as n:rtnann and wrier I BARRY J. PAY,IT State Documentary Fee Date P.O. Pox 56; Eat or, Colo.ado (10635 $ Grantee: 4..e'Amcor ana aomrsl,ral statement Di AOoirsI ate ,tin•)a.enaol.'Oa or Street numper.n eou.re°! ^1 r r)Jty.n!Z 1,r•r cGtcnro r 2888 Bluff Street; Boulder, Colorado 80307 Form of Go-Ownership; ill he,,rtt two or more;unms^.m•,•I wry weOr.00540,0 n!at P as lenan•s in common unless me words"in 'Mel Im.r,<s or wo'axrr It..am.m.ynna a...awl.,,'ne space Orion I 1.4 Property Description: onesre.m„n'y And.ul•., 'i ALL (;.Rpn7DFS RIC21T, 1117 E NZ :`.rlrofs-1' T': TAE) 'It 1W ?OILO/1r.: '): PAR=. a:'1 The South Three. Rurdred feet (`300') of that pail' of the Southwest Quarter of the Southwest QtErter (Sh1/4 =?)./4) of Section. T'1enty-nine (29) , Totern.11 ID Five (5) north, Range Sixty-five (65) `:ect. of the Gth P.M., lying !.fist of U.A. rlighway Mo. 85 and South of the Fexith Platte River, ir. the County of Weld; State of Cc'lceado. (Continued--Exhibit "A") Property Address: 25033 b 25037 Eictiwav RS ?aSal IFt, Colnrn(lr: 80645 Consideration: I rn.sln.n,.nvu ,Oren,amnw n ops.nnal an.o.Ia:.run.m,•,Ai,,n Iu.:n.Hlww...It n.D,.tumra vi eas inn it Dnayance.s 0-v't.l.ry s...n" ,n a ..,..m.•.,,, .,•.rv- ..,1 n.:.. r .,I nn.y oncoM•Lpnal 1 PDRTY THOUS/4D A*71 I'Kl/100thr (540,000.00) - no) nn. Reserrabons-Restrictions: 2.ie.OR .arq. 'n.n,•r•.--.I• n. , o,nnn" ^ y. u,.,,,..e. .non no card. iifin,GRANTOR J ..rral•nnrC rnl•I�RANIEI r,•.1••r. �.r;,.•r et .. .....,n•5.= See attached Exhibit "2" Exceptions ircoirrnrared herein by rel'ermtre c Additional Warranty Exceptions: nnc".D,o a n.wu 0...no essomro.rno n n..mama.%not Lr-.. to; • General n:'orF'rev taxes and/or special irrp.-a•rrents•/assc•ns*vnrr., whether cto rrr:tl7 assessed or no' . for he current year and all year:: eubscriuent. t9.nret o c too Grantor nr January 11 91 srona,we Clause roe eww•.,.en.Parmmn,a or Aaso<nlm. '('sly\'—\jy!ts'' it,. crane\..�_rIInerwauaNax Name Or Grantor CorpoN,on PN rm lnrro or AW0.n,on pJs.RIsrv-YF1:rint s •._Gran. en - —�— Grantor April STATE OF COLORADO I ss COUNTY OF l. 2D 1 The toregmnp'narrumest was actnowirocnd errtee roe ms 111th day or Janie ry ,is 91 s,BARRY a. ?TYTNn, • `t wil NESS my nano andonc,ai sear I/, ( • My remrMW.n tire..: Jul}' 7.5, 1991 . . .) wormy Nellr • STATE OF ) 930 11th'Avenue; t.reelcy, Co 80631,'• COUNTY or ) sa Tn.torerwn.g r nil,umtnt-Al xce nD-coral Wale me this day or t —. By• narne ina...cusiGeanionsi or a Grirlwn Caoonuo'pannrsn.onr AttOcm,On's n.are fly sgnen as o,esmrnl or wee wesCeniano wore',ry or lasstart seererary Dr for W.al.On or as artneri')o:Oarintrsnrc or as auto DenC memOtrls:01 aSsoc.a l.0. WITNESS MY'MAO ant official sea' My eomm4sbn.,plrn: Notary Pugk e soar VPOATC LEGAL SPANS _ N0.301 SKLD LG 172 . 20 . 16. 94 WE 2238532-1991 . 001 ' B 1287 REC 0223853216/91 10:02 x15.00 2/003• F 1228 MARY ANN FEU IN CLERIC S RECORDER WELD CO, CO EXHIBIT "A" Warranty Deed LEGAL tESCRI PIQ4 (continued) A11 that part of the Southeast Quarter (SE1/4) of Section Thirty (30), Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M., Canty of Weld, State of Colorado, described as fcl'lo.'s: Beginning at a point on the East Line of said SE1/4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (ES Cor) thereof; thence South 300 feet to the Southeast. Corner (SE Cor) of said SE1/4; thence South 88° 10' West, 1168 feet along the South Line of :aid quarter section to a point on the East Line of the County Roar] running Northeasterly across said quarter section; thence along the Easterly and Sout`,ealy Line of said County Road Norll. 16° 14' West, 300 feet; thence East in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Zook 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, weld County Records. EXCEPT parcel of lard as conveyed by Deed recorded in Book 1414 at page 454, Weld County Records. PARCEL #2 The Southwest Quarter of the Southwest Quarter (S:^_/4 °3+'1/4) of s,ction Twenty-nine (29), in Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado. f7(CEPT right of way as conveyed by Deed recorded in Book 99R at page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Bode 1155 at. page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1433 at page 617, Weld County Records. PARCEL #3 The East Fifty feet (E50') of the Went One Hundred Fifty feet (W1`10') of the East Half (51/2) of the Northeast Quarter (NE1/4) of the Northwest Quarter ;Na1/4) of Section Thirty-one (31), Tanship Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEFTThr '.1 '.F.lRCM the property described as an exception in Deed recorded in Bock 1064 at page 1:2 of the weld County Records, referenced to which is hereby made for greater certainty. TOGETHER WITH all Oil, Gas and other Minerals in, on, under and atone subject property owned by Grantor; AND TOGETHER WITH all Royalty Rights owned by Grantor; AND TOGETHER WITH all underground, surface and flood rights owned by Grantor; • FURTHER TOGETHER WITH all easements and rights-of-way appurtenant thereto; AND TOGETHER WITH all improvements thereon, all appurtenants, hereditaments and all water and water rights, wells and well rights, ditches and ditch rights, water stock and ditch stock appurtenant thereto or decreed for use thereon, and flood rights. • �� SKLD LG 172 . 20 . 16. 94 WE 2238532-1991 . 002 �Y B 1287 REC 022:_ ' 01/16/91 10:02 “5.00F 1229 MARY ANN RSTEIN CLERK & RECORDER WELD CO • ' ;4n-rarity Deed EXHIBIT "6" EvCFP1108F A Condition contained in the United States Patent recorded June 3, 1910 in Book 131 at page 367, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; ard also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the sane be ford to penetrate or intersect toe premises hereby granted, as provided by Law, and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel #2) Right of Way for telephone and telegraph purposes as granted to Mountain States Telephone and Telegraph Company, by instrument recorded March 29, 1935 in Book 975 at page 354, Weld County Records. The route of said Right of Way is not set forth in said instrument. (Parcel. #1) Each and every right of access to and fram any part of State Hinway No. 3 as conveyed to the State Highway Commission of Colorado by Deed recorded March 19, 1955 in Bcok 1414 at page 456, Weld County Records. (Parcel #1) Each and every righr of access to and from any pert of Colorado State Highway No. 3 as conveyed to the State Highway Cammission of Colorado, with the Exception of Limited Point of Access set out in Deed recorded March 10. 1955 in Book 1413 at page 619, Weld County Records. (Parcel #2) • Right of Way raserent for electric transmission and distribution purposes as granted to Poudre Valley Rural Electric Association, Inc., by instrument recorded October 8, 1982 in Bode 929 under Reception No. 1905996, Weld County Records. The route of said Right of Way is not sec forth in said instrutettt. (Parcel #1) An Oil and Gas lease, and any and all assi .inents thereof, dated June 10, 1982, executed by Robert R. Moody and Jessie Moody, as Lessor and Patrick. D. O'Brien, as Lessee, for a tern of Three (3) years, recorded March 28, 1984 in Book 1025 under Reception No. 1960878. The above Lease has been extended by nesne Affidavits of Record, the most current was recorded April 8, 1987 in r+rnk 1152 under Reception No. 2095086. Further excepting residential tenancies in possess ion and except restrictive revenants of record which do on: contain a right of reverter, if env, and axc apt for apparent easements, and further existing roads and public highwnvs and established vaxcrmnIS of record, if :illy, and subject to burdens of special districts including, but not limited to, fire protection and soil conservations districts, and subject to zoning and building regulations. SKLD LG 172 . 20 . 16 . 94 WE 2238532-1991 . 003 �� WELL SHARING AGREEMENT THIS AGREEMENT is entered into this day of , 2004. Grantor is the owner of certain property located in Weld County, Colorado described in Exhibit A which is attached hereto and incorporated herein by reference. A. Pursuant to a Well Sharing Agreement dated April 18, 1991,recorded on September 10, 1991, in the records of the Weld County Clerk and Recorder in Book 1310, Reception No. 02262688,Grantor,as owner of Lot B of Recorded Exemption 1335,conveyed to Grantee,as owner of Lot A of Recorded Exemption 1335: (i) a one-third interest in the domestic well and water therefrom located approximately 75 feet west of Lot A for the purpose of providing to Grantee the continued use of water from said well in the manner and for the purposes which had been historically established at the residence on Lot A; and (ii) the right of access from Lot A to said well. B. Pursuant to a Resolution of Approval of Recorded Exemption No.3502,Grantor now wishes to allocate the remaining two-thirds interest in said well between Lots A and B of said recorded Exemption. NOW THEREFORE,in consideration of One Dollar($1.00),the covenants and agreements contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged: AGREEMENT 1. Grantor hereby grants, bargains, sells, transfers and conveys to Grantee a one-third (1/3) interest in the domestic well and water thereon as described in the above referenced Well Sharing Agreement for the purpose of providing to Grantee the continued use of water from said well in the manner and for the purposes which have been historically established at the residence on Lot A of Recorded Exemption No. 3502. 2. Grantor further grants, bargains, sells, transfers and conveys to Grantee the right of access from Lot A of Recorded Exemption No. 3502 to said well for the purpose of inspection, maintenance, repair and replacement of said well, pump, water lines and any other associated accessories as may be required from time to time. Grantor further grants,sells,transfers and conveys to Grantee a right of access over Grantor's access road from County Road 94, County of Weld,and over the driveways of Grantor's parcel for the purpose of providing access to equipment reasonably necessary for the performance of any such inspection, maintenance, repair and/or replacement. 3. As additional consideration for the grant of said water and well rights and said easement and access rights, Grantee hereby acknowledges and agrees that said well has served and shall continue to serve all residences currently located on Lot A of Recorded Exemption 1335 and on Lots A and B of Recorded Exemption 3502 consistent with historic use,and accordingly,Grantee agrees to cooperate in the continued shared use of said well. Grantee further agrees to pay to Grantor the sum of Ten Dollars ($10.00) per month, due on or before the 10"' day of each month for the purpose of defraying ordinary costs of operation, maintenance, repair and/or replacement of said • • well. Grantee agrees that in the event said well or pump require maintenance,repair or replacement, Grantee shall be responsible for one-third (1/3) of such cost. To the extent Grantee's share of the cost of operation, inspection, maintenance, repair and/ or replacement exceed the monthly maintenance fees, Grantee shall pay to Grantor Grantee's unpaid share of such costs within thirty (30) days of receipt of an invoice therefore, including documentation of the costs incurred. As further consideration,Grantee agrees to be responsible for the entire cost of replacement of the water pipeline(s)connecting said well and pump to the residence on Lot A of Recorded Exemption 3502. 4. As further consideration for this Agreement, Grantor agrees to periodically inspect, maintain,repair and,where necessary,replace the well,pump and associated accessories. If Grantor shall fail to promptly repair or replace any defective well,pump,associated accessory or part thereof and Grantee shall fail to receive water in a normal fashion as a result thereof, Grantee may exercise its rights under paragraphs 2 and 3 hereof. Grantor shall be liable to Grantee for one-third (1/3) of the costs of such repairs or replacement paid by Grantee. 5. In the event Grantee shall be in default of any financial obligation hereunder,Grantee shall be given written notice thereof. If Grantee has received at least 15 days written notice and is 60 days past due on any financial obligation to Grantor hereunder,then, but only then,Grantor may terminate delivery of water to Grantee. A $100.00 deposit and payment in advance of future monthly fees may thereafter be required by Grantor as a condition to restoration of water services. So long as Grantee complies with the conditions of paragraph 3, Grantor shall not interfere with the ordinary operation of the well, pump and water delivery to Lot A of Recorded Exemption 3502. 6. Nothing herein shall be construed as a warranty by Grantor,his heirs,representatives, successors or assigns of the quality of water. 7. Grantor and Grantee shall comply with applicable federal,state and local law subject to such vested property rights as they may have from time to time. 8. This Agreement shall be perpetual and shall run with the land. This Agreement shall be recorded for the benefit of both Grantor and Grantee. 9. This Agreement is prepared and recorded in compliance with the requirements of the above-referenced Resolution of Approval of Recorded Exemption No. 3502 and is an integral part of the subdivision of Lot A as approved by said Resolution. 10. This Agreement is binding upon the Grantor and Grantee,their heirs,representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Well Sharing Agreement this day of , 2004. NTOR GRANTEE p ce, � - / Q L. O 1111111111 I H IIIIII I III BIER III 11 III 3211328 08/20)2004 03:04P Weld County, CO 3_3 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder WELL SHARING AGREEMENT THIS AGREEMENT is entered into this 2 day of L4c4. , , 2004. Grantor is the owner of certain property located in Weld County, Colorado descrkt'ed in Exhibit A which is attached hereto and incorporated herein by reference. A. Pursuant to a Well Sharing Agreement dated April 18, 1991,recorded on September 10, 1991, in the records of the Weld County Clerk and Recorder in Book 1310, Reception No. 02262688,Grantor,as owner of Lot B of Recorded Exemption 1335,conveyed to Grantee,as owner of Lot A of Recorded Exemption 1335: (i) a one-third interest in the domestic well and water therefrom located approximately 75 feet west of Lot A for the purpose of providing to Grantee the continued use of water from said well in the manner and for the purposes which had been historically established at the residence on Lot A; and (ii) the right of access from Lot A to said well. B. Pursuant to a Resolution of Approval of Recorded Exemption No.3502,Grantor now wishes to allocate the remaining two-thirds interest in said well between Lots A and B of said recorded Exemption. NOW THEREFORE,in consideration of One Dollar($1.00),the covenants and agreements contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged: AGREEMENT 1. Grantor hereby grants, bargains, sells, transfers and conveys to Grantee a one-third (1/3) interest in the domestic well and water thereon as described in the above referenced Well Sharing Agreement for the purpose of providing to Grantee the continued use of water from said well in the manner and for the purposes which have been historically established at the residence on Lot A of Recorded Exemption No. 3502. 2. Grantor further grants, bargains, sells, transfers and conveys to Grantee the right of access from Lot A of Recorded Exemption No. 3502 to said well for the purpose of inspection, maintenance, repair and replacement of said well, pump, water lines and any other associated accessories as may be required from time to time. Grantor further grants,sells,transfers and conveys to Grantee a right of access over Grantor's access road from County Road 94, County of Weld,and over the driveways of Grantor's parcel for the purpose of providing access to equipment reasonably necessary for the performance of any such inspection, maintenance, repair and/or replacement. 3. As additional consideration for the grant of said water and well rights and said easement and access rights, Grantee hereby acknowledges and agrees that said well has served and shall continue to serve all residences currently located on Lot A of Recorded Exemption 1335 and on Lots A and B of Recorded Exemption 3502 consistent with historic use,and accordingly,Grantee agrees to cooperate in the continued shared use of said well. Grantee further agrees to pay to Grantor the sum of Ten Dollars ($10.00) per month, due on or before the 10"' day of each month for the purpose of defraying ordinary costs of operation, maintenance, repair and/or replacement of said 111111111111 IIIII IIIII 11111 IIIII 1111111111 Iilll 1111 1111 3211328 08/20/2004 03:04P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder well. Grantee agrees that in the event said well or pump require maintenance,repair or replacement, Grantee shall be responsible for one-third (1/3) of such cost. To the extent Grantee's share of the cost of operation, inspection, maintenance, repair and/ or replacement exceed the monthly maintenance fees, Grantee shall pay to Grantor Grantee's unpaid share of such costs within thirty (30) days of receipt of an invoice therefore, including documentation of the costs incurred. As further consideration,Grantee agrees to be responsible for the entire cost of replacement of the water pipeline(s)connecting said well and pump to the residence on Lot A of Recorded Exemption 3502. 4. As further consideration for this Agreement, Grantor agrees to periodically inspect, maintain,repair and,where necessary,replace the well,pump and associated accessories. If Grantor shall fail to promptly repair or replace any defective well,pump,associated accessory or part thereof and Grantee shall fail to receive water in a normal fashion as a result thereof, Grantee may exercise its rights under paragraphs 2 and 3 hereof. Grantor shall be liable to Grantee for one-third (1/3) of the costs of such repairs or replacement paid by Grantee. 5. In the event Grantee shall be in default of any financial obligation hereunder,Grantee shall be given written notice thereof. If Grantee has received at least 15 days written notice and is 60 days past due on any financial obligation to Grantor hereunder,then,but only then, Grantor may terminate delivery of water to Grantee. A $100.00 deposit and payment in advance of future monthly fees may thereafter be required by Grantor as a condition to restoration of water services. So long as Grantee complies with the conditions of paragraph 3,Grantor shall not interfere with the ordinary operation of the well, pump and water delivery to Lot A of Recorded Exemption 3502. 6. Nothing herein shall be construed as a warranty by Grantor,his heirs,representatives, P successors or assigns of the quality of water. 7. Grantor and Grantee shall comply with applicable federal,state and local law subject to such vested property rights as they may have from time to time. 8. This Agreement shall be perpetual and shall run with the land. This Agreement shall be recorded for the benefit of both Grantor and Grantee. 9. This Agreement is prepared and recorded in compliance with the requirements of the above-referenced Resolution of Approval of Recorded Exemption No. 3502 and is an integral part of the subdivision of Lots A and B as approved by said Resolution. 10. This Agreement is binding upon the Grantor and Grantee,their heirs,representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Well Sharing Agreement this G day of • , 2004. GRANTOR GEANTEE OC �� 1 111111111111 HIT 111111111III 111111 III 11111 MIDI II 268 8016 04/19/1999 03,59P Weld County CO Recorder. 1 of 1 R 6.00 D 0.10 JA Sukl Tsukar. 0(9 WARRANTY DEED Grmnor(s), Burris Sanna Brantner and Louis J. Brantner C0 whose address is 1320 Brantner Road, Greeley • 'County of We Id ,State of Colorado ,for the consideration of ONE THOUSAND AND NO/100 dollars, in hand paid, hereby sell(s) and convey(s)to Daniel L. Ochsner whose legal address is 18905 Weld County Road 394, Greeley, County of Weld , and State of Colorado the following real property in the County of Weld ,and State of Colorado,to wit: A parcel of land being part of the Southeast Quarter(SEI/4)of Section Thirty(30),Township Five North(T.5N.), Range Sixty-five West(R.65W)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 30 and assuming the East line of said SEI/4 as bearing North 00'15'43"East a distance of 2566.38 feet with all other bearings contained herein relative thereto: THENCE,North 00'15'43"East along said East line a distance of 300.00 feet to the Northeast Corner of Lot B of Recorded Exemption Number 0961-30-4-RE 1335 as recorded July 29, 1991 in Book 1305 at Reception Number • 02257589 of the records of the Weld County clerk and Recorder(WCRR). Said point being the TRUE POINT OF BEGINNING; THENCE South 87°37'19"West along the North line of said Lot B a distance of 850.00 feet;THENCE North 67°02'56" East a distance of 923.89 feet to the East line of said SEI/4;THENCE South 00°15'43"West along said East line a distance of 325.00 feet to the TRUE POINT OF BEGINNING. also known by street and number as with all its appurtenances,and warrant(s)the title to the same,subject to reservation of mineral rights Signed this 31st day of March . IA g/9 .�j N//l4 bLe ICI' Jon ,„„ Gene R. Brantner, as Attorney-in-Fact for • Bur-tic-Sanna_Brantn°r Brantner STATE OF COLORADO, ss. County of WELD The foregoing instntment was acknowledged before me this 31st day of March by Gene R. Brantner, as Attorney—in—Fact for Burris Banns Brantner and Louis 3. • Brantner My commissi n expVICKIE L. ECKHARDT Witness my hand and official seal. NOTARY PUBLIC � t� ,� STATE OF COLORADO �_�irks—i-L, �-c�" tu.a�-n M mmission Expires 01/07/2003 n"�,ry woo If in Denver, noon"City a): Name and Address of tenon Crating Newly ceased t agal Desorption it 3t 35-106 5,CRS) No.897.Rev.6-92. WARRANTY DEED(Short Form) Bradford Publishing,1743 Wazce St..Denver,CO 80202—)303)192-2500—3.94 1% Mill 11111 111111 II!3 1111111 III 111111111 IIII • 3186120 06/0312004 12:59P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder • QUITCLAIM DEED • firantor(s) Daniel L. Ochsner �I whose address is 18905 Weld County Road 394, LaSalle *County of Weld and State of Colorado 80645 , for the consideration of • Ten and no/100 --------- ---------- Dollars, in hand paid, hereby sell(s)and quitclaims(s)to Daniel L. Ochsner whose address is 18905 Weld County Road 394, LaSalle • County of Weld , and State of Colorado 80645 , the following real property, in the County of Weld and State of Colorado, to wit: I Lot B of Recorded Exemption 1335 and a parcel of land being part of the Southeast Quarter (SE1/4) of Section Thirty (30) , Township Five North (T5N) , Range Sixty-five West (R.65W) of the Sixth Y S t Principal Meridian (6th P.M. ) , County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 30 and assuming the East line of said SE1/4 as bearing North 00°15'43" East a distance of 2566.38 feet with all other bearings contained herein relative thereto;g , • THENCE North 00°15'43" East along said East line a distance of 300.00 feet to the Northeast Corner of Lot B of Recorded Exemption Number 0961-30-4—RE II 1335 as recorded July 29, 1991 in Book 1305 at Reception Number 02257589 of the records of the Weld County Clerk and Recorder (WCRR) . Said point being the TRUE POINT OF BEGINNING; THENCE South 87°37' 19" West along the North line of said Lot B a distance • of 850.00 feet; THENCE North 67°02'56" East a distance of 923.89 feet to the East line of said SE1/4; THENCE South 00°15'43" West along said East line • a distance of 325.00 feet to the TRUE POINT OF BEGINNING. ] also known as street and number: assessor's schedule or parcel number: with all its appurtenances Signed this s"‘ -t' day of M& 4 (2004 (Daniel L. Ochsner) • • STATE OF COLORADO, ss. ' ountvof Weld N, 17 Ch forcgenng.itintsn)Pnt was acknowledged before me this pa day of d7a�.\ , 2004 Y er. 01AK, I! • p"°—"'" Witness my hand and official seal. : My commission expire.. .9, �200c 9f in Denver.insert"Cily and". - NNntaryPnhlic I� Name and Address or Person Creating NeAlv created l egal Description(638-35-106.5 1 RS.) I — — No.898.Rev.4-94. QUO MINI DEED(Short form) Bradford Publishing, 1343 Waite St.,Denver,CO 80202—(303)292-2500—www.bradfordpubliishing.eom—12-01 Hello