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Home My WebLink About20043019.tiff RESOLUTION RE: APPROVE RESUBDIVISION,RS#1064, FOR LOT LINE ADJUSTMENT ONLY-JASON AND JULIE ROTHE 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 held a public hearing on the 11th day of October, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Jason and Julie Rothe, 596 North 66th Avenue, Greeley, Colorado 80634, do Thomas Survey Services, 2619 West 11th Street Road, Suite 24, Greeley, Colorado 80634, for Resubdivision, RS#1064,for a Lot Line Adjustment only,on the following described real estate,to- wit: Lots 6 and 7,J B Acres; being part of the S1/2 SW 1/4 /4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant, Jason Rothe, was present at said hearing, and WHEREAS,Section 24-5-30 of the Weld County Code provides standards for review of said Minor Subdivision Final Plat, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and,having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-5-30.B of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24-5-30.C of the Weld County Code,including specifically: a. Section 24-5-30.C.4 -- The lot line revision complies with the approved recorded final plat. The lot line revision is to change the acreages between the existing Lot 6 and Lot 7 ofJB Acres while also including a parcel of land located to north of the Lot 7. Lot 6 is currently approximately 2.36 acres and will increase to a total of approximately 3.68 acres. Lot 7 is currently 3.19 acres and will decrease to a total of approximately 1.79 acres. b. Section 24-4-30.C.4--Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. There is an existing 20-foot utility easement running along the rear lot lines of both Lots 6 and 7. An existing five-foot utility easement runs along the east property line of Lot 6. The Utility Board requested the applicant provide a ten-foot utility easement along the southern lot line of Lot 7. The applicants will be required to obtain sign-off from the utility providers prior to recording the plat. 2004-3019 PL0073 (0 ; ?LE lz� hoc )/9s RESUBDIVISION, RS #1064 - JASON AND JULIE ROTHE PAGE 2 NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Jason and Julie Rothe for a Resubdivision for a Lot Line Adjustment Only, RS#1064,on the hereinabove described parcel of land be,and hereby is,granted subject to the following conditions: 1. Prior to Recording Resubdivision Plat: A. All pages of the plat shall be labeled RS-1064. B. All septic systems must be on the appropriate lot. Prior to recording the plat the Weld County Department of Public Health and Environment recommends 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. C. The applicant shall provide the Weld County Department of Planning Services with 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 a septic permit for the septic system located at 595 North 66th Avenue, Greeley, Colorado 80634. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an Individual Sewage Disposal System (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. D. The applicants shall obtain sign-off from the utility providers prior to recording the plat. The utility name and signature shall be on the plat. E. The plat shall include all existing utility easements along with a minimum ten (10) foot utility easement on the south property line of Lot 7. F. The plat shall be amended so Parcel A is labeled Lot 6 and Parcel B is labeled Lot 7. G. The following notes shall be placed on the plat: 1) 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. 2) The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3) The applicant shall submit a digital file of all drawings associated with 2004-3019 PL0073 RESUBDIVISION, RS #1064 - JASON AND JULIE ROTHE PAGE 3 the Resubdivision application. 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). 4) Upon completion of items#1 and#2 above the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Sections 24-4-40.D.6 through D.9 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. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W��NTY, COLORADO ATTEST: �. 11J��Vn`Q ��.._ � Robert D. Masden, Chair Clerk to the Board _/k/ ' ` William H. rke, Pro-Tem 1861 ,c It) .e p Irk to the Board 71 taqs M. J. eile A • - a M: EXCUSED David E. Long r'ountyA or.ey EXCUSED Glenn Vaad Date of signature: 19_*y 2004-3019 PL0073 4‘01t LAND USE APPLICATION yule SUMMARY SHEET COLORADO Case Number: RS-1064 Hearing Date: October 11, 2004 Planner: J. Hatch Applicant: Jason & Julie Rothe Address: 596 N. 66`h Ave. Greeley, CO 80634 Request: Resubdivision for a lot line adjustment Legal Description: Lots 6 and 7 of JB Acres; part of the S2 SW4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: Approximately Yz mile north of C Street and approximately 1/2 mile west of County Road 31. Parcel Size: +1- 6 acres Parcel Numbers: 0805 33 302010 & 0805 33 302009 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision is listed in Section 24-5-30 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received July 26, 2004 • Weld County Department of Public Works, referral received September 14, 2004 • Weld County Code Compliance, referral received July 21, 2004 • Weld County Building Inspection, referral received July 27, 2004 • City of Greeley, referral received August 11, 2004 • West Greeley Soil Conservation District, referral received August 2, 2004 • Union Colony Fire Protection District, referral received August 16, 2004 RS-1064-JB Acres Lot 6 and Lot 7 Resubdivision Page 1 �ai 1"'11 RESUBDIVISION FOR A CHANGE TO A LOT LINE ADMINISTRATIVE REVIEW WIiDc. COLORADO Case Number RS-1064 Hearing Date: October 11, 2004 Planner: J. Hatch Applicant: Jason & Julie Rothe Address: 596 N. 66th Ave. Greeley, CO 80634 Request: Resubdivision for a lot line adjustment Legal Description: Lots 6 and 7 of JB Acres; part of the S2 SW4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: Approximately % mile north of C Street and approximately %3 mile west of County Road 31. Parcel Size: +/- 6 acres Parcel Numbers: 0805 33 302010 & 0805 33 302009 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24-5-30.B of the Weld County Code. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-4-30.C of the Weld County Code, as follows: A. Section 24-5-30.C.4 -- That the lot line revision complies with the approved recorded final plat. The lot line revision is to change the acreages between the existing Lot 6 and Lot 7 of JB Acres while also including a parcel of land located to north of the Lot 7. Lot 6 is currently approximately 2.36 acres and will increase to be a total of approximately 3.68 acres. Lot 7 is currently 3.19 acres and will decrease to be a total of approximately 1.79 acres. B. Section 24-4-30.C.4 -- Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. There is an existing 20' utility easement running along the rear lot lines of both Lot 6 and Lot 7. An existing 5' utility easement runs along the east property line of Lot 6. The Utility Board requested that the applicant provide a 10' utility easement along the RS-1064-JB Acres Lot 6 and Lot 7 Resubdivision Page 2 southern lot line of Lot 7. The applicants will be required to obtain sign-off from the utility providers prior to recording the plat. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording Resubdivision Plat: A. All pages of the plat shall be labeled RS-1064. (Department of Planning Services) B. All septic systems must be on the appropriate lot. 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. (Department of Public Health and Environment) C. 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 a septic permit for the septic system located at 595 North 66th Ave. 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. (Department of Public Health and Environment) D. The applicants shall obtain sign-off from the utility providers prior to recording the plat. The utility name and signature shall be on the plat. (Department of Planning Services & Utility Board) E. The plat shall include all existing utility easements along with a minimum ten (10) foot utility easement on the south property line of Lot 7. (Department of Planning Services & Utility Board) F. The plat shall be amended so Parcel A is labeled Lot 6 and Parcel B is labeled Lot 7. (Department of Planning Services) G. The following notes shall be placed on the plat: 1. 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. (Department of Public Works) RS-1064-JB Acres Lot 6 and Lot 7 Resubdivision Page 3 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. The applicant shall submit a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, ArcInfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) 4. Upon completion of items #1 and #2 above 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 24-4-40.D.6 through D.9 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. RS-1064-JB Acres Lot 6 and Lot 7 Resubdivision Page 4 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, September 9, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10'h Street, Greeley, Colorado. Members Present: . Also Present: Jacqueline Hatch, Sheri Lockman, Don Carroll, Brent Shafranek, Doug Melby Due to a lack of quorum Jed Reed from Atmos Energy listened to the tape and provided the final approval vote. CASE NUMBER: RS-1064 PLANNER: Jacqueline Hatch APPLICANT: Jason &Julie Rothe c/o Robert Thomas LEGAL DESCRIPTION: Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W LOCATION: Approximately 1/2 mile north of C Street and approximately''/mile west of CR 31. For a more precise location, see legal. REQUEST: Redesign of JB Acres Jacqueline Hatch, Department of Planning Services, presented Case RS-1064. The applicant is reconfiguring the lot lines between Lot 7 (B) & Lot 6 (A). Don Carroll asked about acreage. Ms. Hatch indicated Lot 7 (B)will be 1.7 acres and Lot 6 (A)will be 3.6 acres. Mr. Carroll asked if there was a structure on Lot 7 (B). Ms. Hatch indicated there are existing homes on Lot 7 (B)&6 (A)and Lot 7 (B) is on the west side. Mr. Carroll clarified that this is just a lot line adjustment. Mr. Carroll asked for history on the northern section of the parcel and is it attached to the new Lot 7 (B). Ms. Hatch indicated that when ,1B Acres was created there was a separate parcel that has always been sold with Lot 7 (B), the intent is to combine into one lot. JB Acres will be larger than originally designed. Mr. Melby asked if this would be part of Lot 6 (A)when done. Ms. Hatch indicated that was correct. Jason Rothe, applicant, provided clarification on the proposal. Mr. Carroll asked which parcel Mr. Rothe lived on. Mr. Rothe indicated Lot 6 (A). Ms. Hatch added that Mr. Rothe owns both parcels therefor there is no other land owner. There are two homes on two lots. Mr. Carroll if there would be a sign off from the existing utilities. Ms. Hatch stated it will be required prior to recording. Mr. Melby asked about the surrounding area. Ms. Hatch stated that to the south is the rest of the subdivision, east is agricultural properties, the north is the river and agricultural properties and to the west of these lots was agricultural properties. Don Carroll asked if there was any intent to bring any other utilities to either lots. Mr. Rothe indicated there was none. Mr. Carroll added that when JB Acres was platted there was no lot line utility easements. Most of the utilities come down the County right of way(66'"Ave) and split to parcels or along back lot lines. Mr. Rothe added the utilities come down the back lot lines. Don Carroll asked if the board feels there is a need for additional easements or are they comfortable with the existing. Mr. Melby would like to see the existing 5 foot easement increased on the east side. Mr. Carroll asked about the east-west line on the lower portion of Lot 7 (B)to gain inner connectivity between the right of way and to a utility easement to the west for future uses. Carroll asked if there would be any concern if the utility easement on the east sides of Lot 6 (A)were to be increased to 10 feet. Mr. Rothe indicated there is 5 feet on each side of the property line. Ms. Hatch added the original JB Acres plat does show 5 feet on both sides of the property line between Lot 6 (A) and Lot 5. Brent Shafranek added there should be a 5 foot easement on the east west property line of Lot 7 (B). Ms. Hatch added there was no utility easement on the Lot 8. Mr. Carroll stated there would need to be an easement in case a utility needs to cross the area and he would suggest 10 feet. Don Carroll indicated in summary the board is asking for 10 foot on east/west line on bottom of Lot 7 (B) to get inner connectivity. Mr. Carroll asked Mr. Rothe what the easement on the back property line would serve if any. Mr. Rothe stated it does not go anywhere, the north edge there is a County road. Mr. Carroll stated that the County still has right of way in the area. There is a City Water and Sewer line. Mr. Rothe added there is nothing there. Mr. Carroll asked if the board would like to see an easement on the northern parcel? Mr. Carroll added there is a county easement, the City does have water/sewer line utilizing the road right of way and the County would like to have 60 feet for prescriptive use. Mr. Rothe added there is a little garage that is within approximately 7 feet of the south east/west lot line on Lot 7 (B). The concern would be having a non conforming structure. Ms. Hatch added there is a structure close to property line according to the aerial photo. Mr. Carroll asked where the building was located. Mr. Rothe stated it was in the southern portion of Lot 7 (B) is where structure is located. Mr. Carroll clarified that the existing structure would cause conflict with the request for a 10 feet easement. Mr. Rothe stated it is a little shed with a cement floor. Ms. Hatch stated staff would consider this a non conforming structured that could not be replaced in same location should something happen. Mr. Carroll stated that as long as the structure was there and being used it would be fine but cannot be replaced. Mr. Carroll would like to see this placed on the plat for future uses. Mr. Rothe stated that would be fine. Don Carroll suggested that instead of running the easement along the southern east/west property line of Lot 7 (B). They could propose a 10' easement between Lot 6 (A) and Lot 7 (B) being 5'on each side. Mr. Rothe stated that would work better since there are existing structures. Don Carroll is asking for a total of 10 feet. Mr. Rothe asked if this could be 5 feet on both sides. Mr. Carroll stated it could be shared. Don Carroll summarized that there will be a five foot lot line easement on either side of Lot 7 (B)and Lot 6 (A). Doug Melby moved to approve Case RS-1064 with the recommendations. Brent Shafranek seconded. Motion carried. CASE NUMBER: PF-1011 PLANNER: Sheri Lockman APPLICANT: Doug Tiefel/ River Runs Through It, LLC-Pelican Shores LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W LOCATION: North of and adjacent to CR 26 and west of and adjacent to CR 13. For a more precise location, see legal. REQUEST: PUD Final Plan for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and tow private recreational lakes Sheri Lockman, Department of Planning Services, presented Case PF-1011. Ms. Lockman gave a brief summary of the case. The exclusive utility agreement with Little Thompson has changed. Doug Tiefel, developer, indicated this request applies to the north portion. There is a 60 foot right of way and the anticipation was the south side of the right of way would have a 30 foot utility easement. Little Thompson has altered their plan and have decided it would be better to have the water line in the road and the services will extend onto each lot from the right of way. Therefor, the 30 foot easement is no longer needed he is requesting to change it to 15 feet. The 15 feet will contain electric, gas and phone. Mr. Tiefel added St. Vrain has their line in place on the south side of the lots with an exclusive easement. With the easement being 15 feet the owners can landscape closer to road. Mr. Carroll asked if they were putting the valve boxes in the easements and not in the road? Mr. Tiefel stated they would be in the road under asphalt, the service lines with the stubs will be onto the lot outside the easement. Mr. Carroll asked about the turn off valves for the water systems? Mr. Tiefel stated the valve boxes will be in the road like the southern portion. Mr. Carroll asked if this will be a County maintained road? Mr. Tiefel stated it will be private but paved. Mr. Tiefel added both water district wants the valve boxes in the asphalt, the meter pits will be on the lots. The Board had no concerns. Don Carroll added to be sure to have good compaction around the valve boxes. Brent Shafranek moved to accept 15 foot easement instead of 30 foot. Doug Melby seconded. Motion carried. Respectfully submitted, Voneen Macklin Secretary DEPART"NT OF PLANNING SERVICES Ki ¢' Q Pr,LINE (970) 353-6100, EXT.3540 & !F lisire FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO July 19, 2004 Jason & Julie Roth do Thomas Survey Services 2619 W. 11' St. Rd Greeley CO 80634 Subject: RS-1064- Request for approval of a Redesign of JB Acres on a parcel of land described as Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, September 9, 2004, at 10:00 a.m. This meeting will take place in the Weld County Planning Department Conference Room, 918 W. 10th Street, Greeley, Colorado. 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9780, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Jacqu a Hatch Plann r RESUBDIVISION FOR REDESIGN, ADDITION, VACATION OR FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 0 ' Parcel Number _a t_i-SS - , -o �, -QL� (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application are dditiorel spgce is ra u' attach an ad nap sheet 4CT5Gs7/SB in•P-E4FOUf w p/ue_4Q-f*P-cam ies&k-,Be D Keasproy 00. I 61464,7� Legal Description W L'LD ac(IA.Trc r &O , Section 3_3 Township North, Range4/4zWest Property Address(If Appicable) ,195 ,v . LbTttAll . v- 641. IL; 1. AtIE Existing Zone District : R¢� Proposed Zone District:RFS Total Acreage:,,/aR±Proposed#/Lory u Average Lot Size;2 ?'lt(f Minimum Lot Size:/, ', — a`r JUb o '" PLD nyi a o FEE O W NER(S)OF THE PROPERTY(If additional space is required, attach an additional sheet) Name: .1f\SID Cs-A L7LlE ^iZ,DTl4€ Work Phone#_aSarfirtaHcme Phone#gs,-g5$3 Email Address ,j rtrFka rOrn Address: 6 qt. u. L.L,T+ AV€ City/State/Zp Code C`R P',F.l.F,4)r GO VQ(,o 3 Li APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications skirled by Authorized Agent) Name:—i'W)M14S 5D E.1)E_Y 5£ EU ILn Work Phone# '4/14.04 74 Home Phone# Email Address }'./jh a.rob' aDE.(r,O\ Address: a(" I CI (A), trio ST. "3" / S(,) rrE. a. A4 City/State/Zip Code CREELc,Y / '26 g©La Z4 UTILITIES: Water: O&Rrra Lei£.1-1") jL1&TE.R Sewer: Zen LC. Gas: p -rr)OS Electric: )<C,Et_ Phone: 4 w E ST DISTRICTS: School:'DiSTt1/tx L Fire: blUWIl] aeoI,OLN Post: rr F2S'LS_ I(We)hereby depose and state under penalties of perjury that a statements,proposals,andlor plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included hdicating the signatory has the legal authority to sign for the corporation. _ 7 Foy 7/B/OT Signature:Owner or Authorized Agent Date SignCo4ororizeigen t Date -5- June 7, 2004 Jason Rothe 596 N. 66th Avenue Greeley, Colorado 80634 To Who It May Concern: Robert D. Thomas, Owner of Thomas Survey Services, has my permission to be the Authorization Agent for the Resubdivision for Lot Line Change of my property at 596 and 595 N., 66th Avenue, Greeley, Colorado, with Weld County. Sincerely, c�- 1 Jason Rothe NARRATIVE THE OWNERS OF THE SUBJECT PROPERTY SEEK APPROVAL TO RESUBDIVIDE SAID PROPERTY TO ENABLE THEM TO SELL PARCEL B AND RETAIN PARCEL A FOR THEIR OWN USE. BOTH PARCELS HAVE EXISTING HOUSES, THEIR OWN EXISTING ACCESS AND COMPLY WITH APPLICABLE SETBACK AND OTHER ZONING REQUIREMENTS. THE CURRENT LAND USE WILL NOT CHANGE. EXISTING EASEMENTS AND RIGHTS-OF-WAY ARE NOT CHANGED OR AFFECTED. THE PROPOSED LOT LINE CHANGE AS PLATTED COMPLIES WITH ALL COUNTY REQUIREMENTS. WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: ), RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley,Colorado 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name JQSatna-,11 Phone q 5(o-rIQ 5O Address.'5 Q L y. 1.1.11+ AUrr, . City (TIZc£L.a.Y State OA Zip RO I, 14 2. Address or Location of Access 6.4 Le IQ. L l,-fl _ Section 3 3 Township I, Range I,/a Subdivisiont _ _ ock Lot La Weld County Road#: Side of Road Distance from nearest intersection A t O RJGILD LA-Y 3. Is there an existing access(es)to the property? Yes i/ No #of Accesses .2. 4. Proposed Use: Permanent ta Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural L__ RES = Residential O&G = Oil&Gas D.R. = Ditch Road House = Shed 1.£5ftEU 2E"y , £5-1D6' NI ♦***********************************if* 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: -5- �-, Report Date: 07/08/2004 03:43PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1370186 ASSESSED TO: ROTHE JASON&JULIE 815 20 AVE GREELEY, CO 80631-3047 LEGAL DESCRIPTION: 4JB-6 L6 JB ACRES 4TH FILING SITUS: 596 N 66 AV GREELEY 00000 PARCEL: 080533302010 SITUS ADD: 596 N 66 AV GREELEY TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,062.36 0.00 0.00 1,062.36 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/08/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0684- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 271.43 RESIDENTIAL 158,726 12,640 SCHOOL DIST#6 46.453 587.16 NCW WATER 1.000 12.64 TOTAL 158,726 12,640 NWC WATER 0.000 0.00 WESTERN HILLS FIRE 5.136 64.92 AIMS JUNIOR COL 6.322 79.91 WELD LIBRARY 3.249 41.07 WEST GREELEY CONSERVATION 0.414 5.23 TAXES FOR 2003 84.048 1,062.36 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. Sigr� c� �LLlt A Date C r1 tas Report Date: 07/08/2004 03:43PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1370086 ASSESSED TO: BOOS GILBERT 6308 5TH ST RD GREELEY, CO 80634 LEGAL DESCRIPTION: 4JB-7 L7 JB ACRES 4TH FILING AND ALSO BEG AT THE NW COR OF L7 THENCE S89D35'E 165.40' N29D35'W 222.96' TO C/L OF EXISTING CO RD S89D37'W 73.92'S0531'E 193.10'TPOB %595 66 AV% 595 66 AV WELD 00000 PARCEL: 080533302009 SITUS ADD: 595 66 AV WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,730.56 0.00 0.00 1,730.56 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/08/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0684- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 442.16 RESIDENTIAL 258,731 20,590 SCHOOL DIST#6 46.453 956.47 NCW WATER 1.000 20.59 TOTAL 258,731 20,590 NWC WATER 0.000 0.00 WESTERN HILLS FIRE 5.136 105.75 AIMS JUNIOR COL 6.322 130.17 WELD LIBRARY 3.249 66.90 WEST GREELEY CONSERVATION 0.414 8.52 TAXES FOR 2003 84.048 1,730.56 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. Sig‘-17Z IneLLica _ Date REFERRAL LIST NAME:Jason&Julie Roth c/o Robert Thomas CASE NUMBER: RS-1064 REFERRALS SENT: July 19,2004 REFERRALS TO BE RECEIVED BY:August 16, 2004 COUNTY TOWNS and CITIES Ambulance Services _Attorney Ault „Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton *,,,aoipsh,Public Works Erie Housing Authority Evans Airport Authority Firestone .rr nwqgifrBuilding Inspection Fort Lupton Code Enforcement Frederick `' ATE Garden City Division of Water Resources Gilcrest Geological Survey _x_Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 _Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 _Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams 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 _x Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District RE- _x_Greeley Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER _ 4' T J +- `G Name: ✓� 6(L I r*o ..AA: ,,r-,,z� ✓,,, Lase# , '1 `"� CountyTowns&Clues Fire Districts Attorney Auil ,Ault F-1 eallh Department „Berthoud Berthoud F-2 Extension Office Brighton `Brighoud F-24 `Emergency Management Office-Ed Herring Decono Brighton F-3 Sheriffs Office . Eaton _Eaton F-4 tPublic Works Erie Fort Lupton F-5 ^Housing Authority Evans Airport Authorty Galeton F-6 Firestone Hudson F-7 Building Inspection Fort Lupton Johnstown F-8 XCode Compliance Frederick _LaSalle F-9 `Assessor Office/Chris Woodruff(Final Plan) Garden City Mountain View F-10 _Kim Ogle(Landscape Plans) Gilcresi -- Milliken _Lin or Peggy(Addressing Change of"ne) reeJey Nunn n_ F-12 _Ambulance Services Grover _Pawnee F-22 State Hudson _Platteville F-13 Div.of Water Resources Johnstown Platte Valley F-14 Geological Survey _Keenesburg o _ oudre Valley F-15 Department of Health Kersey _Raymer F-2 Department of Transportation LaSalle Southeast Weld F-16 _Historical Society Lochbuie Union Colony F-26 Water Conservation Board Longmont Western Hills F-20 • _Oil&Gas Conservation Commission. Mead �U+liggins F-18 Division of Wildlife Milliken Wiggins Feverance F-17 _South Hwy 66(Loveland) New Raymer North Hwy 66(Gree'ay) Northglenn b c - S �`") 'I eaal L. t) X1,3 rwS 1 cb _Division of lvlinerais^eulogy Nunn Parcel ID# '-'-'iS3'4v'w%c - 'V'Z ;3x�c;.'1 Soil Conservation Districts Pierce Big Thompson Zone AI?" Acres?Platteville USDA ,11-;;+47:-.,6 _Boulder Valley ,Severance �/ Airport _ ,Brighton Thornton Geo Haz ` Centennial ,, 11 Windsor FP? )`'" Panel# G `1 Fort Collins Counties • Road Impact Fee Area? {I-1 Greeley ^_Adams • _Longmont Boulder• _ IGA? kb ORD# '—Morgan Broomfield MUD? 1...),; Platte Valley "-Latimer `Southeast Weld Other 1 1 >v t West Adams Central Colo.Water Conservancy Dist Federal Government Agencies `__LjLeft Hand Water • C. 1 5) US Army Corps of Errs School District RE- 1 `c USDA-APHIS Vet Service Art Eimquist(MUD Area) 1l') Federal Aviation Admin(Structures over Ditch Company, ' over 200 ft or wiin 20000 ft of Pub Ai;,,crt Commissioner -Federai Communicaticrs^omm - c, ---_i ("1: t, LI"-N.,,, ,..: Weld County Referral .WilliC. July 19, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jason & Julie Roth do Robert Case Number RS-1064 I Thomas - Please Reply By August 16, 2004 Planner Jacqueline Hatch Project Redesign of JB Acres Legal Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile north of C Street and approximately''A mile west of CR 59$ Parcel Number 0805 33 302010 &0805 33 39200& 30aoo7 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. Weld County Planning Commission Hearing (if applicable) cid ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date dI-/7Or4p Agency +Weld County Planning Dept. •1 55 N. 17t A .Greeley,CO.80631 :•(970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Referral • C. July 19, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jason & Julie Roth do Robert Case Number RS-1064 Thomas Please Reply By August 16, 2004 Planner Jacqueline Hatch ! Project Redesign of JB Acres Legal Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location Approximately %mile north J „.aK�; approximately '% mile west of CR 59 Parcel Number 0805 33 302010 &0805 f. 0219 m 1)a 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. Weld County Planning Commission Hearing (if applicable) ❑ 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: ' Y`f v�Q,RJJ (`(\1 c �i ?4 �� t ( T t no \AC1 OL-tICW1r.) 1.krai 1104-cd . Signature Date cDJ74-0C • Agency 7 CANNY Orr L • ❖Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Memorandum TO: Jacqueline Hatch, W.C. Planning C DATE: July 26, 2004 FROM: Pam Smith, W.C. Department of Publib (J ) h COLORADO Health and Environment CASE NO.: RS-1064 NAME: Jason & Julie Rothe The Weld County Health Department has reviewed this lot line change. The Department understands that the larger parcel (parcel A) cannot be subdivided at a later date to create an additional lot. Each lot has an existing house on the property, however only a septic system for 596 N. 66th Ave (the proposed Lot A) could be found. Therefore, the Department will require that the septic system for 595 N. 66th Ave be evaluated for adequacy as a part of this request. The Department recommends for approval with the following condition: 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 the larger/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. O:\PAM\Planning\sketch\rs-1064.rtf Page 1 of 1 Jacqueline Hatch From: Peter Schei Sent: Friday, August 27, 2004 8:01 AM To: Jacqueline Hatch Cc: Keith Meyer Subject: RS-1064 Good Morning, Jacqueline. I hope you are having a good week. The RS-1064 is going to be late with my referral memo. I wanted to email you and let you know. My goal is to have a referral to you on 10-September. I will be out of the office next week 30-Aug thru 03-Sep, attending family matters. My apology for this inconvenience. Have a good weekend, Peter. Peter Schei. P.E., WS.P.E. Public Works Department Weld County pschei@co.weld.co.us 08/30/2004 MEMORANDUM Jacqueline Ha h, �a er DATE: 14-September-2004 W�IDTO: �• FROM: Peter Sch Civil Engineer, Public Works Department COLORADO SUBJECT: RS-10 J. &Julie Roth(Resubdivision) Weld County Public Works Department has reviewed this Resubdivision request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ Weld County currently has jurisdiction of 66th Avenue,which is paved. Recommendation ❑ The Public Works Department has no conflict with this resubdivision. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to any decision or recording. * PC: RS-1064 Jason&Julie Roth(Resubdivision) Email&Original: Planner PC by Post: Applicant PC by Post: Engineer Page 1 of 1 .� 1 Weld County Referral C. July 19, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jason &Julie Roth do Robert Case Number RS-1064 Thomas Please Reply By August 16, 2004 Planner Jacqueline Hatch Project Redesign of JB Acres Legal Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location Approximately '/,mile north of C Street and approximately 1/2 mile west of CR 59 Parcel Number 0805 33 302010 &0805 33 302008 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 applicatidn, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) • 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. 111 See attached letter. Comments: • Signature -4-7/11.0/ Date . 7, O (/ Agency to/d/4,j 7-rl/.S�r //d,J /7 t7 +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 @(970)304-6498 fax a DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 C IDWEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO July 26, 2004 Rueben & Frances Gustafson Recorded Exemption RE- 3892 1. Building permits shall be obtained prior to the construction of any building. 2. A plan review is required for each building. Plans may require the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. New buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each new building may require an engineered foundation based on a site specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Please contact me for any further information regarding this project. Sin rely, R gr igi Building Official Service,Teamwork,Integrity,Quality 08/16/04 MON 12:58 FAX 970 350 9518 UCFRA FIRE PREVENTION Z 001 Kit d Weld County Referral lillig IIDC July 19, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jason & Julie Roth do Robert Case Number RS-1064 Thomas -- Please Reply By August 16, 2004 Planner Jacqueline Hatch Project Redesign of JB Acres • Legal Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M.,Weld County, Colorado. Location Approximately 1/2 mile north of C Street and approximately 1/2 mile west of CR 59 Parcel Number 0805 33 302010 &0805 33 302008 • 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. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan A. We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. 4Ny FvNR4' pas-01 44 Etna R. Y4,ece-. somas.fl sew i jn S' THE Comments: FitC-Arr'uogrry P To Cst-' wcTlea• Signature /�— midge M•pNva Date B/t/•9 Agency '7(inizo.J Cu—oat? / s 143o✓L lorl'+r•erny +Weld County Planning Dept. 01555 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 9(970)304-6498 fax (it ‘H's,..) Weld County Referral "ligC• July 19, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jason & Julie Roth do Robert Case Number RS-1064 Thomas - r Please Reply By August 16, 2004 Planner Jacqueline Hatch {j Project Redesign of JB Acres Legal Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location Approximately% mile north of C Street and approximately 1/2 mile west of CR 59 Parcel Number 0805 33 302010 &0805 33 302008 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. Weld County Planning Commission Hearing (if applicable) 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: Signature \ \ Date 9 - 0 y Agency \e.J G CX) CT +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 ❖(970)353-6100 ext.3540 4•(970)304-6498 fax West Greeley Conservation District (970) 356-8097 Case Number: RS- 1064 Applicant: Jason & Julie Roth do Robert Thomas Planner: Jacqueline Hatch Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Dwellings I Small Septic Tank Prime Farm Map ' Soil Name ; Soil Texture Shallow without Dwellings with Commercial Absorption Land (if Additional Comments Symbol I Excavations basements J basements Buildings Fields irrigated) 3 Aquolls Gravelly Substratum Severe Severe Severe Severe Severe No 13 Cascajo Gravelly Sandy Loam Severe Severe No 51Otero Sandy Loam Slight Slight Slight Slight Slight No 52 Otero Sandy Loam Slight 'Slight Slight Slight No 53 Otero Sandy Loam Slight :Slight Slight Slight ;No The West Greeley 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. u\SF.KC:I i iii\ Produced by the West Greeley Conservation District Applicant: Jason & Julie Roth do Robert Thomas Planner: Jacqueline Hatch Case#: RS- 1064 Na - I' ��--- -- _� \� -- - i I \ : ---;:z--- _ /1" , , ii I 13 AT r r�52 \IIKID ✓-� � / �_ 0.4 0 0.4 0.8 Miles Weld County Referral Map / v Highways `, Major Roads 1�T NLocal Roads 1V tvir Raikoads /A/ Streams 8 Ditches \ _> PLSS (_ ) sod. E —477r eLakes a Fkwdplains _ I 29 S � 59 ,\-46b 11111 MD - ,- L v I../� LC Street I 'itic ra,is OM IOW eves oat.. FIT II ast •Ikalt ea AA • ips Mat MI as el al e" IIII tOtt at el. de 0 nano A w seassat ea ere le ilt* di 44111 aleitt Ale leee nee 44 `42 is �.... . l—f—i'-.. A' .. OQ )o O Q • CI I pad -- 1st e - - f 66th] Ave 67th Ave • GREELEY I CERTIFICATE OF CONVEYENCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: Lots 6 and 7, J B Acres Fourth Filing a subdivision of part of the SI/2 of the SW 1/4 of Section 33, Township 6 North,Range 66 West of the 6th P.M., and a parcel of land being described as "all that part of the Sl/2 of the SW 1/4 of Section 33,Township 6 North,Range 66 West of the 6th P.M.,lying South of the County Road as now established" and being more particularly described as follows: Beginning at the Northwest Corner(NW Cor) of Lot 7,J.B.Acres Fourth Filing,and considering the North line of said Lot 7,J.B.Acres Fourth Filing, and considering the North line of said Lot 7,to bear South 89 degrees 35'02" East and with all other bearings contained herein relative thereto;thence South 89 degrees 35'02"East along the North line of Lot 7, 165.40 feet;thence North 29 degrees 35'02"West 22.96 feet to the centerline of the existing county road;thence south 89 degrees 37' 10"West 73.92 feet;thence South 05 degrees 31' 39"East, 193.10 feet to the Point of Beginning,County of Weld,State of Colorado. CONVEYANCES if none appear,so state) Reception No. 1570567 ,Book 649 Reception No. 1591950 ,Book 670 Reception No. 1625051 ,Book 703 Reception No.2290663 ,Book 1338 Reception No. 2426861 ,Book 1480 Reception No. 2438588 ,Book 1492 Reception No. 2426861 ,Book 1480 Reception No. 2647048 ,Book---- Reception No. 2978736 ,Book---- Reception No. 3136687 ,Book---- Reception No. 3136688 ,Book---- Reception No. 3136689 ,Book---- Reception No. 3170197 ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company,is hereby limited to the fee paid for this Certificate. In witness Whereof, Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 14th day of June,2004,at 8:00 A.M. Security Title Guaranty Company By:- - - •— Authoriz ignature _ . : '.' ..- / I A., . ' (--- -i- ): . /--/ f ; i - . u'ed x era e.+.:esd w+a meows ma n T. tar P �� Cmata e1— Tc+1d i .., ] 'nor• -roc C co , r �s.zei__ - OIL!•E' 'C CtJS a_d I�L1'^...R.i C. ?C^3, ;;c 1.._ tenants--i . r 1 ' •4 Cream el m1A eat^rant a m*n.m.a0. r ▪ .-ittl ;- R• - -,,-.d....- I Y ari...:La-,u:2eFe dot - party d du dad Tea.fee era hma.3...3n.:t Cr atad 1 ° ^, Ten and other valuable consideration a `t art s ' - b A inJ4 Nei y d.a*k.I-rat `arm WA y G Wei part.....-e ..2 .-4.-.=4:et.*.node wierif Is 1 4VY •' • Dm.Y ahead r� a1 k.L 3r a ++aa►to a a Csgreest.St memotempletl fetal ei aaa*te otl ea are nun t 05 - m ''e.# b4 Mot&bloat.w4 twlat r teem no 6,i mill memo of Ltd Lena!5�:b me tea 4 t.eO 4 aan -. a, to co.Se"00^-2 r ao*4 take:*sq .n Wan ea , of cat nelta .as me m. I l ? F • • * a rem,totoaax ht areal m Mt Sue;l%1led Watt Y� * :-.4.7:34'..'„ o t Weld aaA ore a1 d fa9e o 1 eabe !i , a:=,:., w Lott owvn (7), S Aczsa 7otseh s/11s . 1 n of a Dart of rho ncuth s'eF �z t ,r gb - (.1/3y a the RnoYheeat Qe:rrtvr ¢+3'Wl/ P of Ser ion thirty- yre 3J1i, F x ) 4 tar 1D S (61 North.according Sixty-tax reel dest o 41/th erei! r' g6 , e VlId County. Collorado, acco=ding to the recorded may c pro :.h0ic0Y. l K a parcel of land being described as "all tat art o the South Ealf� as (a1✓ ) of the Southwest Quarter (oral/a. _ a yyy_.. w, x lo) rox'tp Lange S stroiz (AA) Font o_fythe Sixth Gth)hP.IM.tfold CGunt 1 ° - L C lor^do lying Stu-:h of the County :load a0 ov o'tabllshed and tl:.inn ao e y ',,{,.x. - y ti 'early described a foi d �vi... ,N at he Portbarat ,rnor ((r!C ) of tot Nation'. (1l 9 Aorta Petri! x.y"yA -, Z cl d el ,ar Poet,: 2 r cs rote Lot .sa c. c e l.� ,n x -.3_* a-`1. Z 5e, r ntn c eta e '. i,: rats iv.. tbeato c FK,%,d " �- _a Y teas S5°35 4 .e x.,..) n)onnr to tb )1n o 7.40.: .r ep o ) 7_115.C.-1. f. t ti 7-,,,,,,, ^c' .:b "1-k It , e 4 .at ce�l:f eo Yon v' ¢*a < t .. +xe a hfl 1, 5.., '� ittz- ,A y• ''19, 9.c i getni 3 ,et --,,n-, s-,.., n _{(• +' 1 Alt .ke ad¢y m.es1. c t erer l eta 1e.st if F.34,tt t .v 4 K� td On 'Me .as n ^k.fC i kt st b rut.*ax:•s s R.f. , •t• v� tF � ♦Pa y'▪ )S.. t :.uut.etti.s%. m. t r.x i , ' I t x:2,T, sx...r 1- t :-_,,,::.;:e.:-',2.,-7,1..':`^- .-_-., , ,."Lc _nt=r•' Y CAn r..ne tx^5:et o r ,,. w x aera. j S 1 ...C-',"..;-. - t .. l ». :4a a :ne me --t ore.: cw a.K rt ti1 ,t=7 y. V0., ,°,4 it=to .1'd ty.3s,ig IS ? w-.va, -s 2.2.fin..0 4c ...:.,,,,,e i2,....- .,de.-2 - J race f c..tax ,t adr~.: >4.Sc^-Y,tee J/ *. ..a.tsi aG ,-win m5 -, _ '„ .'' , d -i•3.eut to .+he' ld la s s•ev5-ktt.s2 Y x.},. At e 6; �s ' ' 'Fr a4 f%IRf en .1,!..",:f,�Tsd�m a ae'rnfe ace*a clad k t cc:04 t�CORK WI 2 i p'kr"k )T" 1 . r resor a ., t- bf l ur�r_+teM ec. 4Rm.d aaaur l�'c.G• 0rc .'C cot p-,41-.` .P w' t t a... 1'er Cn A Y 5 ,. S .,leaeiA LOfC11iilg C:13e ^t ▪ of .ayo, mineral reservation and ec enan n r'^_ 33__ tart d r4aeon of inclusion within northern Colorado Eater Conservancy, feat clleyyr e i,1.-.:',.-*t ,t 0 3 a oasernt t en, and north Weld Water Districts, and any other inpr nt g -, tl tr-et and nenject to Agreement With North gold Water District nos o01 4,:_. z ord and subjent to Oil and Sas [case nos of re .o*d. sir C.0ea.tentensd Pta to S ei On�ed'a.+sttb i--.....4..e -s-4.4 Flees at the tea d ton.Lb I ® i ax-:a•eta y err raft*me Oa art....y - _ arL ana t"d4 vat's*nm*u a a. caw On a r a..a•t de: y r'.^n Pxa c_;c;≤ I �s G`i k s.tho r sub r O.ce•ra g E` ' +`P4,.i S q. o to W!7fl35 rlantzor.M tut panty d tae pen tin i smut ce his __ c; 1i Me 07 ma:tor• L *me oTi.* '!/g`\a! //JJ ^/ a=a 57=i T.eT t/3 k 4, 5 tpts�' „+ t„,,;,,..,,.. .,,, , , lalA.:) M ., T e",,,}‘f ,e, t". .»uc....a mat m..e me-.e.-et,x worm so 0,,e_%:152.--4_.o..."24 i G, 'x -•rr. ` : w _ . j .` 'd-.S _ 1171 ?- zEP3dDIr4-r,E Y e Y } t +...A t-<-DO• ' a I r Rfaaw>U 1Pa6 and MA, ,:;".•mny <,-- vim.POPLC -o ab enemas ' i. L°)c j res a h§ wY y }, y { 1 d r h w47_,,an nsxa-7. Je.n rem.. • 1 Od d fPn 4 , _..,..2.54.4,..-±,.2“,_, g• .../ Jo...." }wL5R e�$i XIj, '7-..;;‘)‘.argY,� $ 2 ,t r,:ti yr s� bq e A -F: ( t X s 3 ''� IL:r4�7i««Pa _'"tp $4,---,---4-----4-4 .7---4-44v,47-‘, .°` '''.15';'44''' l 5. . r *fit, 4: RR/R.ty'Cy'a"y ,1,-)4," S n_ -t 4av ;4';p' a hh <•{,y '3 E4.. 1 L[.d:S w .t,., q t'` T a ° S^ ...-..3 ,'" . -., sa . ,1° r . e�y r ' ,"v0�1b a, Ik.�.r.i •"ftYM y,Y"nr y •wW"RPXSY u t " ...r N,a w p ,A,, 4- s ` ,s1" .1- adNt "�°tma -tr'3•a:. •t"-` '. -t *+' :>sF ?'^ A='�t�31`Atfratl�� v •s -.R= ... .�,:,.m.f..wn,. ,��+ -la k?' .,h vr:#+pl -$ ' c '}.r+.Ya3'rs Ira. ..9 .v a as-7 ate + `lira .....,r+a+ ", ,tr'4aM•.+"A4:F Ac. -cn t_ k w '' d �t.r rd A`a sd^' r; y h4 1 a° ta1.9 awe 1 ,a son k, . .•:�` s.,. ,t� � � a! .c t �plp s� y- xw x 4,k a)_ 7 f a + 5 r6 rMlw Si Y4 '[jf 1,1(,A�,+� ,"+ t*`n. a ` 31Y ? .. ''e't` tl."1"B, a .7A. 2 e i r& �' .,,' � r r' ' 'r )1I'C1ICl 1, k-C. C fi x 1i . 1 i ITSlrrb - • uq Y_._. nlw,f .1 r 3 "f9--` Si N 1r � )$ _ I't O I a b y,. ( I ...Awan.l...a n.,o.a.l.., r.rat Y.tv9 he On �I 4 ,,. a, 'G- # ', x ,,// e" a Jr?RT AS^PEE !I ' >< iI d 4'- P '.; (.1 t.6,rlu„}W 1 A u1 Mab.l(.Pnx4n-far Mar v✓-.,rvl " a ors°"F i , 1. o FRANCIS E. rOH<:A and PHYLLIS IPENE COREA '1I Weld said Out,of(a'wulA of lN.eoeJ part; nee fat ii es e i • 0. ti; ;I •1 .n.m.nal devout,party .l:rm,i put fw.°d°.,wue.b.,e orth.°,w a Ten and other 1 „.4,4...,. ae1.Aas. fI good and valuable consideration ✓e O.anal part tf tN me{sat in had paid by the tat pane a tn..ond part,tne me.pt eMrmf.henbr am Is Y I� • ` • ' hoed arid.,ha..W gad,ha 3 ranted.NrpdM.odd me mawse are ty 1ho pxmY do e 5 rant,hap i edl. :I s I ,m^r arid sheet unto the am nets.a ow.e.&part not u t.naon m wuw..hot in Pint Ranch :he w,rv'' II p . '. I Yaa1r 1' a II t�n --.----�— --. .4 : tea)rap rd Deal in t t ceaat.a Weld and wet.a ts+w.d..?a-wlt —, .••-• II ti '. f .t: o wt r e N Lot Six (6), J 8 ACRES FOURTH FILING, a subdivision of a part of the S1/2 of the o r , ..,-ii,....4, o "x 'II sn/E of Section 33. Tamship 6 North. PRIMP 66 West of the 6th P.H., Ne1d Contya h h= Colorado, according to the recorded map or plat thereof __ N y II a •f.'r • es, ALSO S a parcel n3 of land being described, as all that part of t. 1 of the y, to d. a y .d a of-Section 33, the Township 6 Road ow 66 relit of the th P.L.4. Weld County, Calorarlo ' - A h --, f'.y' ,,w da`, 4 South of follows: Beginnings at thesNorthhent being Corno Lot 7, JL8cAcresyfourth hi � : t i• II 7 v 'q Elilog, and considering the North flee of said Lot 7 to bear South 89° 35' u2` .uA .r Ye ty 'La East 5[' with all longr bearings contained herein, 165.40 relative thereto: Thence South -,,,..:ii- Ii se' /2; ' f k rd 89° 35' U2' fact along the North line ofthe Lot 7, feet to g; ThencNerteSouthest Filing � oral - r dp�t c x`4. i 89° 35' 02" East along the North line of said Lot 6, 479.20 feet; thence North II p 'are f5 - 30° 20' 58' East, 86.16 feet to the centerline of the existing County road; thence 7 �„•if:je•as e••t. , ', � i3O. : 1 along the centerline of the existing County road by the following three courses Pease. 'I � r ✓'•C.. end .Iietante5• Y_rth 65° 2n' arm Nose 53.24 feat; t1'urth 73' 36 30' Waste.351.78 iE1J,,,x5-,. Q a.n. 3_... a foot; SJslih sr 37'D0' Host 231.00 coati Thrace South 29' 35' Cr text. 222."6 n — Ii i,�Y l' t,to w.:a Traa potat of LOs nain %'R+.. L't�(fi.1 m 0a wY a. ttaw with di I YNOY the hereditament'-•'tswoaa iineinhe hohOllaa n.e.ef ei.pee+bt l' I r Y et �. their li { and W reversion d ,' '° muted.red rtm.NL'q watt imam a°d pronto tbawA and all the.data right.titl, t;4 a intermit did and demand three. of the said pry d an ant put eithn in law w.fialry.' l°amt to the Wow in7ap I 'rid 1 1 Mrca dp t Irtbe t' I and pPof '� 'IZt yl.imtl l Y V, T na and to acid to Id 1 1 N 1 ryJ ed nd I rd ith the°I t uelenmrot saran the awl pr.n of eb.aw.r. '' the enema)pan,the nu ° hem eh.'r d - d a, of h survivor forever. And theail party 4 ram �b.r p_r` i fte toe�w..rr.- hind f„his h' 1 w u does la n'. i nun . . Sera �r�� ,i' t of the a, scree to Toth themid parties of tM1. Iro n of them, all p— '• of web nn..va.that atth la 1's mi.:delivery or h r he is well. .. r tin p subject il- a aMw mavrfN uof and Mrf l Iml.e nruT 1 r pt Ina p peFht lull lures. I In I null Y Pent h r n n.l 1 ) , I l 1 tad lot y rneud t rmN164:75Ertelb°t`EE't`bn'Y�'Y2'tazae Ps'yaWV .t..,.d1��.,a r wz ^�.d`. eNti nslw restrictions. eas n ions ents, 7� ¢!n hem leases, conditions rights Tom'".°' - -way ofn r, ord, ift any, reservations,as agreements, 11 o w y thp record, adp any, eo conservancy cy District,ct, reason f_inclusion_ thin thin thereof.ate .'�. ' t e eorthern Dolorado water conservancy 1 y - , C nservation District, and the North Weld County Water District, husband nod the 1 Mrpuvd raw the quiet d p°welde p.res of the rid panne d the wend ran the wrriror of ' .vr ' In r anrnn 1 h n , a. and rat ey vx..,{v.,t°I art every d wit]WARRANT ran, FOREVER _ . IJ Ue whole w ) Wt ! the said partty of the fine part del and will WARRANT AND nEI E\D. +(scAw In dine•o.eop The wad part tr or the first paw h° a hereunto et his hand and r —(SEAL) d .he der and rue a 1 ..art �I r' .(aaL P.kn].W n.! 1' Nepmen.ea /� x h;gl.,r, tr,`(sTwL) . I Stale Documentary.rat I_. _ . Q -c-G 'vl��... ,-n--� (SEAL) ,"` - D to n 0 aeaL) IL 'a .�� I mom.,. ' . aTAT oR 'tpn. `. The foregoing Instrument vim acknowledged .wore me ma .—�— Ear etc `� o ,19 2eZ. by .Nl.y _4._'-� a n wdk pO �,y4 • OV .t ',, O Ma Sent My Commission Expires )2../.6-e- at..),_♦ January 4.7976_ - , ws'2— _ ° Mailing Aatae5 ln. ____ _ Future Tax Notices .-.. __ -_ _.._ - _ I. L ...W .. '. :P W..., t ' .. „E�J,.,..v i„1. e—.nav•. oec.,uw ..,.w. ..e..- ,ndr rW.�:' • �� • 1 t .. _ ' . . ' -' . �,.a -- a - _.. .• _ .. . . . . .. . . . • . At wGy • a awA..'.. . . , .. .p j P • • .. .. . . - • raw - o .. .. : .. I a, i t .r. .1 :h ad•Irr a in Countyof- _ _;yid ,St ti '! i '4/i I ll • - um -CLIor ado - - _ - , for the consideration of Tio i ... /-00... I II a I r2 I o I_ dollars,in hand paid,hereby soli(s) and convey(s) to in C M1 ALVIR A. SCt'JSLTZ and IIRGINI1 A. SctraTZ ) County of a i— — —1Joid and State of ——Colorado — —the following real property in the 1 en 4 ,. �1 County of — — —Held ,and State of Colorado,to wit: o } l- , . ty I, Lot Six (6) J B ACRES FOURTH FILIIG, a subdivision of a ll t -t t- - (.`(51/2) of the Southwest Quarter Mat/1tpart of (3e South Patf i r. u+" .. 1 ( of o carrion tha(6y )x ro (33)• TCounty, II''Six r(6)edo.Worth, Range Sixty-six (66) West of the Sixth (6th) P.M., Held County, a : --, .� I ,fAlnriid.D. I � i ems'., ' t.: z'ALS0 a parcel of land being described as all that of a _� of Section 33, Township 6 rth, Range 65 West of part et6th P.r , We7County, y/q Colorado, lying South of the County Road as now established andLo being more described as follows: Beginning at the o particularly t Fourth Filing, and considering the North lie of tsaid Lot 7 to bear JSouthA89°s V 35' 02" East and with all other bearings contained herein relative thereto it + "`- ^arthest Corner of Lot 6 J B Acres Fourth Filing and"the True Point of Beginning; t-:.44:4444-4474-74444-44-4 4 I; ' -c S„",.h Si" 35 C" East along the North 'Inc of said Lot S. 479.20 feet; { .t,_ ro>� toq_e north 300 144 iSr"e East,186u 6 feet to the centmline of the existing Co my t a ?= th-ea cou ,es and dirt_zes f,rthM66° n' 20 f the. existing Nest, 63.23 feet; arc n following E -1,1`,.. I q 1f 351.78 t, South ae + Se 5 729 3a" flu - '0 Hest, 3' R ,r_,. TR-n r A,�4 2g` . ,.F o tt" ins: ..�, fw. :e 1:u Po..1t of Fennn;rii. ... g - . rr a,:_T r s,:^. Int. .1O3.,: T'».laic el.1 , i h ". - 1 ... ,;' . -,..t%0.-.1,;s ar i n.Lrac vt s)t ill cam;._• , Si �. yr: o vn t9wtC 6rxns c "`t.+ 4�, ate" '_ N: i i. gag Q k�m t r :. S'4,V..eear • F '.',tr. i Yi-r:'9J" r1`...f,...s-4.• 1 • R h S x , '44 r bie _.. ,kI x 4.::::''u,"^ v. er FF 5 . r° 1° 1 xiL.. .AM ;�4.1.t.....4-, "y �� "t.. Sr. �7�i�` J tic �"�` ,,,,:).54,,,,41-:r , .� , is. *a .:. ir,� > " , kg x urn,ec ,+• v+'4 .. -tag,- 7 i tvepr ? f t-- "' ,,t- +& -tt .y,5�s.seR t, ivultk i arY '} wv y'yrt -7,-.47c-,,I * 7t 1 t. Jilta a. a,41 w gi`F 4 'q a ar A r F o ye n ,3."..;"7.17 R x" 2', ht w gar, r o a �.. y • . Wrr+ fflot t "--, 7PeA 5A. C'.u,r- arvz t 1"Y RfyL ^,; .f c ,t 4 A.ti p t, ' t ) 8 13a., RHC 02290663 06/04/92 16:40 :10.00 1/002 i ARz2 '3' — -.P-1470 NAM AS'PBDERSTSIR'CLERK i REOORDBR WELD CO, CO WAREATINDElfb ;I.�:":f�. MHBHt29.WWe1W VI u&E,191214a . 1..•:.-I A.4011011 4 die CommatlIPTAMMEM4COLORADO,ma sod MOST A.ROW miGINGE11.1lOW SOO Mama EM • ,. dOecion la P. 0. Box 2324 dOo Cas4°1= "NM MITRES,IM OD Spy*ed s Np immida tlmatidTWENTI IZ EIVEIR ORIS " ^ DOUAws.�rwaaWl.Iaa mimagaaehafda obiste'lf_lm_bleRl sM. sole casmtl.d D .. PI tel.PS Ora par.Sea anion NMdroaalwu0aridss4as °DsmS, M&srgr ays asap Rot la bit Wssm al de sW._,.MON impowsss,its4.daslbftdiaSLlde Ceaayrd :' • MBLD.dasdekbab.ame 1•laore OR a1OAlOHTIIIIM ERENCE � RB .INCORPORATE' 1. : almboaWyrardaaOsaV NTLMND,6REIRM,COLORADDINN • 10 in wM a d debt Os Aslassb d man thave Mina a o immili a/Os immtho AN maim�vaNdidQ d a___- Isb,i aadpaOm EmShce ea tats tide iasar.aw d ed ' aa,MO ebb',ba a WO.At b d b1eabwsbamidpaa- Y Os__ sad • ' la -70 BAVE O TO HOLD Seilppmmtteea0eaaapbaOdm Aeatollee posam.aao'0a Marks - • d amps Mery Mt Osplimorabiliontlimidoodpmalsoprosiss,doecospot.arpsrops?pd L with the gromookirbalsoodsuismatmictimetesamfmakhilmmetammalebselmimMtOommirs too srapd, W p4 as.dg,,aia-is ad "bleRa-- net" • ofrr bkodaplM1MWpatipt.OB . �' db.YaOaipepaa.Lpb,aadaa seleasbsaasdOsaWs�/.dMS seaeE wall T1 -es t Samemosfrpaa 1agfBsiitit Stse •`�aswasausd err.:ur.r- ' tlaa ' p�aa�l4an�sly�AMa..ae.wtlas,6rae.rrd �L/ rWbd*4dasa.ita4. tit TM saMedellomMMITAltRANTANDFORIMEtteMNDO5 paeviei.seyaietdwaa_wwrt. dabpares.0debiadaolpxopbaad psaapsss ebbiu_tiae mlowampatOmeL • ThsebelprossbetitilliebSOMANLMIEudiriagualiNtamelpsyseskubilbelffSliapdes INIIIIIIMIIIMIIIREOPlogaiiketneculsOllisdardestiodaleattlbe.aaa SfATBOPOOWORADO ) - arnign'T;Wet' 71a . ' aasedeapdbelitaeda31DaydaINSby ALVHU.S1311Y1ZOtA VRf6DiAl _ . piARY•t * • j aasarr 9fe'er to%� I . • a+. r►ata►s■.>V< rasr®Maaa7aaa Wat _i+'; • B 1338 REC 02290663 06/04/92 16:40 ;10.00 2/002 P 1471 MARY ANN PEUERSTEIN CLERK 8 RECORDER WELD CO, CO . - LEGAL DESCRIPTION ATE CBED TO WARBANE! DEED•DAtED•JUNE•3, 1992 ALVIN A. • SCHNITZ AND VIRGINIA A. SCHSITZ, GRANTORS AND TERRY A. HUFF AND GINGER L. NDPP, GRANTEES. • Lot Six (6) J.B. ACRES FOURTH PILING, a Subdivision of a part of the South Nail (Si) fo the Southwest Quarter (SW1) of Section Thirty-three (33). Township Six (6) North. Range Sixty-six (66) West of the Sixth (6) P.M., Weld County. Colorado. ALSO a parcel of land being described as all•that part of the Si of the SW} of Section 33. Township 6 North. Range 66 West of the 6th P.M., Weld County. Colorado. lying, South of the•County.Road as now established and being sore particularly described as follows: Beginning at the Northwest Corner of Lot 7, J.B..ACRES FOURTH PILING, and considering the North line of said Lot 7 to bear South 89'35'02" East and which all other bearings contained herein relative thereto; Thence South 89.35'02" East along the North line of Lot 7, 165.40 feet to the Northwest Corner of Lot 6, J.S. ACRES PODRTN PILING. and the TRUE POINT OP BEGINNING: Thence South 89'35'02" East along the North line of Lot 6. 479.20 feet; thence North 30.20'58" East. 86.16 feet to the centerline of the existing County Road; thence along the centerline of the existing County Road by the following three courses and distances; North 66'20'20" West, 63.24 feet; North 73.36'30" West. 351.78 feet; South 89.37'10" West, 237.48 feet; Thence South 29.35.02".East. 222.96 feet to the TRUE POINT OF BEGINNING • • • • • • Recorded at o'clock Perentinn am 2426861 B-148O P-4O6 O2/16/95 O3:11P PCs 1 OF 1 REC DOC - ARd'ed6061, =Weld County CO Clerk & Recorder 5.00 5.00 WARRANTY DEED THIS DEED.Made this 14TH day of FEBRUARY,095 between TERRY A.HUFF and GINGER L.HUFF - of the County of WELD and State of COLORADO,grantor, and DRS. WELCH & CARTER, P.C.PROFIT SHARING PLAN•CARTER and & UNION COLONY BANK,AS TRUSTEE ,/5 whose legal address is 4311N.71ST AVENUE,GREELEY,COLORADO 80634 of the County of WELD and State of COLORADO,grantee: WTINFSSETH. That the grantor, for and in consideration of the sum of FIFTY THOUSAND AND 00/l00ths DOLLARS, (850,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does gram- bargain, sell,convey and confirm unto die grantee,his heirs and assigns forever,all the real property together with improvements.if any,situate,lying and being in the County of WELD,and State of Colorado,described as follows: LOT SIX(OLD.ACRES FOURTH FILING,A SUBDIVISION OF A PART OF THE SOUTH HALF(S1f1)OF THE SOUTHWEST QUARTER(SW1/4)OF SECTION THIRTY-THREE (33),TOWNSHIP SIX(6)R..M./NDRTE, RANGE SIXTY—SIX (66) WEST OF THE SIXTH (6) P.R., WELD COUNTY,COLORADO. 9 also known by street and number as 06.N.66TH AVENUE,GREELEY,COLORADO 80634 \1-6 TOGETHER with all and singular the hereditamen is and appurtenances thereunto belonging. or in anywise appertaining and the „he, reversion and reversions, remainder and remainders, rents- issues and profits thereof,and all the estate,right,tide.interest,claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditament,and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,gram,bargain and agree to and with the grantee, his heirs and assigns,that at the lime of the caseating and delivery of these presents,he is well seized of the premises above conveyed,has good.sure,perfect.absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawNI authority to gram, bargain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grams, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes tor the current year, a lien but not yet due or payable,easements,restrictions,reservations,covenants and rightsef-way of record,if any,. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises is the quiet and peaceable possession of the grata,his heirs and assigns,against all and every person or persons lwhully claiming the whole or any pan thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITITNNEESS WHEREOF,the grantor has executed this deed on the date set forth above. 41Nt:YJ le4 X X. - t S41, STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 14TH day of FEBRUARY,095 by TERRY A.HUFF and GINGER L.HUFF — My fD My Commission expires: 10-05-98 'rP.:.• •••,�� ,. Witness my hand official se0f. �,s : L% (J 6Vlt:pv z: SUSAN 6 ti ) Nawr ewr Na,fnA.Rot.Tit WARRANTY MD Ow Phony; ' • o'clock_M.. A112%16588 —_ 2438588 g-1492 P-383 05/16/95 04:20P PO 1 OF 3 REC DOC Weld County CO Clerk k Recorder 10.00 6.50 WARRANTY DEED 7 THIS DEED,Muds This 12th tray of Nay • 1995 .hetweenDRS. WELCH i CARTER, P.C. PROFIT SHARING PLAM—CARPET AND UNION COLONY BANK, AS TRUSTEE IS of the 'Courtly of WELD and Stale a of Colorado.grunions).and GARVIN WESTHOFF whose legal addre"s Is 4320 23rd Street, Greeley, CO 80634 of the County of WELD and Stale of Colorado.grained 5): W ITNESSIfI I.That the grantor-is).for:mil in consideration of the smn nl ". SIXTY—FIVE TNOUSAJD AND NO/100 DOLLARS, I 1 the receipt mid sufficiency of which is hereby acknowledged.ha 6 gr nted.bargained.sod and conveyed.and by these prcvaxs .. � do OS grant.bargain.sell.votive!,mid confirm.unto the granNsk hie heirs and assigns forever,all the real progeny. i together with intpmvenent,if any. situate. lying and being in the County of Weld and Stale of Colorado.described as lidbow>: LOT SIX (6) J.E. ACRES FOURTH FILING, A SUBDIVISION OF A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION THIRTY—'1WREE (33), TOWNSHIP SIX (6) NORTH, RANGE SIXTY—SIX (66) WEST OF THE SIXTH (6) P.M., COUNTY OF WELD, STATE OF COLORADO. l • also known by sired and number as: 596 NORTH 66TH AVENUE, GREELEY, COLORADO • TOGETHER with all and singular the hceditmnents and appurtenances IRret rn.("dLxtging.or in any wise appertaining.and the reversion and reversions.remainder and nentainden..mils. issues.and prints thereof and all the estate,right,interest.claim and demand whatsoever al tlr granlonsl.either in lug.or'oir y.of.in and to the:those bargained premises.with the Itcttditanents and appurtenances. 'It)HAVE ANI/'Il)HOI.Dthe said lcenmises:tine hurgaiteJ and described,with the aplwnenances unto the granxYYa. his heirs and assigns Ibreeer. And the grantony. lot then selves, their heirs, and personal representatives, do awan:mi grmt bargain mild agreeto and with with the gramsiec(s). his heirs and assigns.that at lb..'once ol the ensealing iI and delivery°Idlest presents well seized of the premises above 'eyed,has goad.sure.perfect absolute and indefeasible estaxc of inheritance.in law.nnfee simple.and ha pad right,full power and lawful authority to grant bargain.sell and convey the same in manner and Conn as atbresaid.and tlut the sane are free and clear Iron,all former anal other grams.bargains. sales.liens.Ines.asset nis.encumbrances and restrictions of whatever Lind or nalane Moser.except The Grantee, his heirs, personal representatives, successors or assigns, shall not construct nor maintain any structure, building, improvement, device, pole, or antenna either on or affixed to the property conveyed herein to a height of more than tventy(2 feet above the ground. This restriction shall be in effect for a period of twenty—five (25) years unless released of record of a document executed by the then owner or owners of the property described in Exhibit A attached to this Deed. This restriction is placed upon the pro rty cone ed herein for the use 6l° ben , itpeof� t oywQneerr ofln�tia1(je�rogper &f bail in bit A attached hereto, The gnntorlslvhalla will WARRANTsAND FOREVER 0(e a ;Aargau premises in the quiet and peaceable possession ol'Ihegnmtels). his heirs and assigns.against all and every pawnor persons lawfully claiming the whole or any part thereof: IN WI'INF_ti5 WHEREOF'.'flu grunions)ha exceuled this deed one the date lint written above. DRS. WELCH 6 CARTER, P.C. PROFIT SHARING m ati maw Runt, Ae TRUSTEE.. --- _ — . —._. t LORI L. SCHREIBER, VICE PRESIDENT �_TaDR nvwrrwR __... 91 in Dever.Inert-CO)and ' -- -— .I N..M.Key.245. u.VMaa11 lx:ED•Y1.1 Wwa PoJww NNi y.acs woes Lt ..I.Co MOO,. 1 WN 3.twx 245 - • 2438588 B-I492 P-3R3 05/16/95 04:20P PG 2 OF 3 STATE OF COLORADO. County of Weld ". l• Carrie Walker .a Notary Public in and fur said Weld County,in the Stale aforesaid,do hereby certify that Lori L. Schreiber, Vice President and Trust Officer who is personally known to me to be the person whose name is subscribed to the foregoing Deed, appeared before me this day in person and acknowledged that she signed,sealed and delivered the said instrument of writing as her free and voluntary act and deed for the uses and purposes set forth. SW Given under my hand and official seal.this 12th day of AMU Way •1995 My commission expires July 15, 1997 Oakes --..:<":"M-.1.3.6\ < R YF p pG\�. %wARRlR in : ..tot:. ER c`oL c ( G w . a all g uxa § I g t t I 1 i i i ej 2 P" Y e a i 9 ti m a 2438588 8-1492 P-383 05/16/95 04:20P PO 3 OF 3 EIB3331T A Lot B of Recorded Exemption No. 0806-33-RE509 Recorded August 26, 1981 in Book 945 as Reception No. 1867427, being a part of the following described property: All that part of the SE% NW% an the NE% SW 51 of Section 33,Township 6 North.Range 66 West of the 6th P.M., lying South of the Centerline of the Cache La Poudre River and North of the Centerline of the Greeley No. 3 Ditch. Also known as 760 North 71st Avenue, in the Ciry of Greeley. County of Weld, State of Colorado. Recorded at o'clock M.. R.ren,mn No —2426861 8-1480 P-406 02/16/95 03:11P PG 1 OF 1 REC DOC AR2Y2laala1 =Weld County CO Clerk & Recorder 5.00 5.00 WARRANTY DEED THIS DEED,Made this 14TH day of FEBRUARY,1995 between P TERRY A.HUFF and GINGER L.HUFF 0— of the County of WELD and State of COLORADO,grantor, and O DRS. WELCH & CARTER, P.C.PROFIT SHARING PLAN-CARTER and & UNION COLONY BANK,AS TRUSTEE whose Countyaddress is 63 tats f AVENUE, DO,gran, COLORADO 80670 of the County of WELD and State of COLORADO,grantee: WITNESSETH. Thai the grantor, for and in consideration of the sum of FIFTY THOUSAND AND M/100ths DOLLARS, (150,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents does grant, bargain, sell.convey and confirm unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,sinute,lying and being in the County of WELD,and State of Colorado.described as follows: LOT SIX(6)J.B.ACRES FOURTH FILING,A SUBDIVISION OF A PART OF THE SOUTH HALF(SUB OF THE SOUTHWEST QUARTER(SWIM)OF SECTION THIRTY-THREE (33),TOWNSHIP=(6)FJl1./RORTH, RANGE SUnT—SIX (66) WEST OF TIE SATE (6) P.M., WELD COUNTY,COLORADO C9 also known by street and number as 396.N.66TH AVENUE,GREELEY,COLORADO 00634 \i-Cl TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining and the .., reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor, either in law or equity, of. in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and \ t assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee, his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant. bargain, sell and convey the same in manner and form aforesaid,and that the sane are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable,easements,restrictions,reservations,covenants and rightsf-way of record,if any,. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises is the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfdly claiming the whole or any pan thereof. The singular number shall include the plural,the phial the singular.and the use of any gender shall be applicable to all genders. IN'FITNESS WHEREOF,die grantor has executed this deed on the date set forth S149 above.�M[s I / STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 14TH day of FEBRUARY,1995 by TERRY A.HUFF and GINGER L.HUFF$ ..Pis -Si. .., e ..PP. , My Commission expires: 10-03-98 ,tP-:'- "-.,(� �, Witness my hand official se(f�� i 2e SUSAN&i GNAN r Notary Public •No.MA.M a.l . WAIRANlY DEED(Dr I r ologn ' . • 1 o4S I IIIIII IIIII VIII 111111 III VIII 111111 II 11111 i11 IIII 2147048 10/13/1098 02:37P Weld County CO 1 of 2 R 11.00 0 0.00 JA kaki Taukaaeto A QUITCLAIM DEED THIS QUITCLAIM DEED,Executed this 15th day of October )9 98 , by first party,Grantor, Garvin Westhoff whosepostofficeaddressis 4320 23rd Street Greeley, CO 80634 to second party,Grantee, Jason and Julie Rothe c 7.1r.... Twhose post office address is 2601 34th Avenue G5-Crte(ell!eyy, CO 80631 `° WITNESSETH,That the said first party, for_good consideration and for the 0 sum of O= Dollars($2 900x.0$ ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever,all the right,title,interest and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenances there- to in the County of Weld ,State of Colorado to wit: Lot six f6-)- J.S. Acres Fourth Piling, A subdivision- of A part- of- the south half (S1/2) of the southwest quarter (SW1/4) of section thirty-three (33), township six (6) north, range sixty-six (66) west of the sixth (6) P.M., County of Weld,State of Colorado. Street Address 596 North 66th Avenue Greeley, CO 80634 ATM! C4 (Reiss ver) II your state requires di/fell'tons,as o0 the bottom of this page at the dotted ins. III1111111O z'aptinasseow,o.ebis kr:Ww urseweak,.admr..reaare,...emeu.rr yawto 9 5 .areer.CawY a Y.ys iryo b.M r km'.eos rp yeo prop s.a ee bi)xar raer...Ingo ouxe sere, spe.re4.C...max Wan el ieptMG ow supra is do aedritllley debit kw ler as Imola—,rope, • Cb - I IIIIII IIII IInl IIHII II IIIII IIIIIII III IIIII IIII IIII 2047040 10/15/1008 02t37P Nola County CO 2 of 2 R 11.00 D 0.00 JR S kl Tsukaooto /s\ IN WITNESS WHEREOF,The said first party has signed and sealed these is the y first above `-` written.Signed,sealed and delivered in presence of: Signature of Witness ax of First Garvin Westhoff Print name of Witness Print name of First Party Signature of Witness Signature of First Party Print name of Witness Print name of First Party State of ColocorJ o I County of (3¢ici On (O- r5-rob before me, aPPeared Cr t rr,.r Wc.s t kn cc personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the insuumeat. WITNESS my hand and official seal. _ RYp ` A fOS�„..._.fotar „. � VAC; AL, f `C its Ignaturey�Notary Q.tP.e_; ¶"-1 i.TEREZIA M.,, I ARant ✓ Known_Produced ID co\. AXT0N ? ; Type of ID ii �% (Seal) State of I It"E:•...............1/41 k":r County of hwOf CR__r' On before me, appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa;ity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature of Notary Affant_Known___Produced Produced ID Ty f ID (Seal) . / S C arvin We "thot£ t Print Name of Preparer 4220 23rd Street Greeley, CO 80634 Address of Preparer (2) W your state requ1es8'A'x I I"tonne,as Shim bottom of this page at the dotted Inn. a tea UPI Terns Berne row see le/tam.cad it m is SI is.,.M marIsmecea amen be mom es pew pleats armaoe Cava•Is,,.c leeOWStform's amm for your purpose W be.8.5 Ups prams W the mat nab r repreltiplallot a ninety.afar or iwcaei.We rapid b ate .eacMeaiN,of Sus ram for an taste/wit a purpose. MI IIIII IIIUN iii tin II 111111 III in urn Iii 736 2978735 08/1512002 0.00 J.A.PSo o Weld f ounty, CO 0 to STATE OF COLORADO ) ) SS AFFIDAVIT IN JOINT TENANCY COUNTY OF WELD ) Jerry D. Winters,being duly sworn on his oath,deposes and says: 1. That he is of legal age and has personal knowledge of the fact that Alvera Clara Boos referred to in the certified copy of the death certificate,attached hereto as Exhibit"A",certified to by the State Registrar/Local Registrar of Vital Statistics for the County of Weld and State of Colorado on the 24th day of June,2002,was at the time of her death on the 16thday of June,2002, the owner in joint tenancy with Gilbert Boos under a Warranty Deed dated June 25, 1971 and recorded on June 28, 1971, in Book 649,Reception No. 1570567 of the Weld County Records,of the real estate and property therein described. 2. That your affiant has no record interest in said real property. .�/> �. ,Jerry Di/Winters Subscribed and sworn to before me this /r L day of August,2002,by Jerry D. Winters. ��e ESSSS my hand and official seal. � • ica) . . :N u x. fission expires: l//a51/6 : A � y: • i 'o 5, Notary Public xr y L 1 /4 !\ \� /I-. \\ / \ e 11 r1 , _ V1 / - VI/ ( IR1111( AIION (H VIIVI RI( ORI).A / \ /-. — �m�l o 2 Y g- ` . STATE OF COLOR DO Y og__ M f. STATE OF COLORADO STATE FILE NUMBER S a a. iI CERTIFICATE OF DEATH p MENDED e am .l ,Deolollirt Mira VW Mat lath I.SIX aW a T/ WAnl Mesa D« M N (E. Alves Clara BOOS June 16, 2002 is MN•laN StWWIIVIM M«eSAI Dar (W .I.IT( rim T. Usti Car W Slim.Nem 'aVl� - 8-7036 Nr :DIN w .Ma ptruaryl, 1930 Hays, Hansa. tWM n« w,iA Of QAIMC««Yy«IIin= — . ova IOW 'a.i'`a NAP«d aEacwow coo. o"tn N,.m o A«MN« aA..rt Hospice inpatient . m a ill 1xMl««YIeE haw il A PACILlnw.w DW YIillart A.PMIWsmart It .Wets LOCA1,0.Of wIM aWanaDlim — North Coloradd'.Medical Canter Creel* Weld ... gINI • M _w4t6 Otte..D.Ytp g— ' Homemaker Own Haw Married Gilbert 8. Boos u es- Colorado Wald Greeley 595 N. 66th Avenue T — - i.:: N. i ... ... 1 IV '80634 or« . White 12 . M 1. .FA Vat Mesa LM %t is0Ti NAMt rail Ltra♦a ASS....el Il MIIYIIF W««YWMe«YYM Jacob Bus Amelia Werth G Boos - spouse 10111•30 OF es.owTce YOa O iourot ON WMY.M .'.YYa.t...filbert LOCA11DM•D4 OITMM1SW tbn OGemin DY,YL.mIWnW nose oo.✓u«wM Sunset Meaorisl Gardena _ Greeley, Colorado in SewnseorNII.LLLLbele*as.nibl MAW M.saaseSOMMa FACILIN: Allnstt Funeral Service - Macy Chapel '' ,. ► ' 1 Q,e x �, /� 1702-13th St., Greeley. Coloradoxi, 80631 s vI,+I'aloMA'nIM - DAraAM mesa tea nsl t • Deputy 1Jrme 24.'i002 At ail II .e. 1l.N II2ZOap.155 010, it Vs 1:55 AY June 6 . 2002 01:55 Yt No1,., mee CevvMIeoMMIWZOM.,.,.,LMiw TO Si corium®Sr DNCMn M.TOMw.t.y Mani W.«YtVWL4WMp 11'pL MYmtmMw..«4M.mtl«l1MLrm�YLILIW«MmMYM ij W LmmmtY WwwY IIw.OtmW,IYLMIFMb awM4WM«Y«IY,mt 1\ MiAm.N era... ,l 1 M.OATS IIDI®0M*. la WTI ad.IDurY.M..Nn 2 t_ ‘� i.1 2 r ES mut!MI MAMIMO Or COMMUC0Y0MYR,M.w1 s- Ethan Cary, 10 1900 16th Street, Greeley, Colorado x.80631 �` Si NM*OF LtroloMe SAMOAN 0 OOTrtWISSTTaw cumin amnion 1/4 4_ X same OF beam let WMa«r `T mmn Mt WMt«M�r AT IS await NOYsow mama Ewes O Amamiini•NIONW M 9V« OM, D- 0Ard OW... M{AMD'�y nwi Mme no'LA YtPN«II INOSI.IRI,MMNPN,.MM K LOCATC$Fm.WNP6..Ma hoUleH ..C.T.GINS ISSN If 1 O N,«wm a II,IIIOSS CAM.IMO Oarow war moanAM III BLAND NM oe are ear IM OOM YS woe inipY«LM A«slmw.t I'm"'b."."mwl • Flan 5 _ .t ,f-a"4" 1 CDMDMOW «BIN TO onASA coRec110 DicaW IHNINa✓n eswasno m AA:#/1/4....01 (Z 'E'eL"'ea 1 ti l;1 tit root At Acowuou1CF a *mesa seal DoalarlNS Cal LAST MI « p NAT 0111MnnMMIGIneOIWIIIONa-CWw««MY.WILLYM.M.LWYWYNY N.AMMON M M Mao MYiaLwaYmM N PANT I Na.Yt«t alma W«r.NLNMI NSW .NmWlWewm t MOO I \ NO ) 1 EXHIBIT "A" THIS IS TO CEIIFIFIATHMYPHIl1IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. JUN 2 4 2002 .Oa..,.,,e o s \ vy `, DATE ISSUED RONALD S.NY • 1 'g' 4't STATE REGISTRAR $ A It' " Do not accept unless prepared on security paper with engraved border displaying the Colorado state e L i 10:1 seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-I I8. Colorado Revised , 1 n rIr; n 'L'�'ffr ; Statutes, 1982,if any person alters,uses.attempts to use or furnishes to another for deceptive use p,' . ' ' i, • .,�� eh any vital statistics record NOT VALID IF PHOTOCOPIED. i� rot �f""'' \'. s '.. . .� . ' / AAM Pl itnAti(A on r unwRF Loi 'CIS RMt .PLAPI/ \• — f .\ • 111111 11 /III 1111111111 111111 11111111 1111111111111 3136687 12/17/2003 04:04P Weld County, CO 1 of 1 R 6.00 D 0.00 Sieve Moreno Clerk&Recorder Quit Claim Deed THIS DEED is a conveyance from the individual(s),corporationls)or other entity(ies)named below as GRANTOR to the individuals)or entitylies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor. Gilbert R. Boos, 595 North 66".Avenue,Greeley,Colorado 80634 Grantee: Jensen Quality Custom Homes, Inc., 7049 West Street, Greeley,Colorado 80634 Property Description: All right, title, and interest to the real property on the West Side of the Boundary Line running North and South as depicted on Exhibit A attached to November 14, 2003, Agreement between Jensen Quality Custom Homes, Inc. and Gilbert R. Boos,and shown on Land Survey Flat recorded December 9, 2003, Reception No. 3133893,Weld County Clerk&Recorder records. Property Address: Reservations-Restrictions: Executed by the Grantor o07t�,'eei•r-1&e /2-- � , 2003. ' '� ray oabon R.Boos,Grantor STATE OF COLORADO I 1 ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 12- day of December, 2003, by Gilbert R. Boos. WITNESS my hand and official seal. My commi;C. expires:�--Z 7 P Jj� p f RY Po t% it e is C'' rT.41.4e r ,.........,, B t Notary Public i in % ₹ MARY ANN X. I rrf t SMITH r , i� O�. Bi9tic• OF_CS. �QV;. • 11111111111 Ilia 1111011 III 11110 111111 III 1111111111111 3136688 12/1712003 04:00 Weld County,CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder 6j Quit Claim Deed THIS DEED is a conveyance from the individuallsi,corporation(s)or other entity(iesl named below as GRANTOR to the individualls)or entitylies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor. Jensen Duality Custom Homes,Inc., 7049 West"C" Street,Greeley,Colorado 80634 Grantee: Gilbert R.Boos, 595 North 66*Avenue,Greeley,Colorado 80634 Property Description: All right, title,and interest to the real property on the East Side of the Boundary Line running North and South as depicted on Exhibit A attached to November 14, 2003,Agreement between Jensen Duality Custom Homes,Inc. and Gilbert R. Boos, and shown on Land Survey Plat recorded December 9,2003, Reception No. 3133893. Weld County Clerk&Recorder records. Property Address: Reservations-Restrictions:Executed by the Grantor on ta441'htr 1" 1 10 , 2003. Jensen lity Cus Homes, Inc. w non side TATE OF C LORADO I ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 16' day of December, 2003, by Jay Jensen, President,Jensen Duality Custom Homes,Inc. WITN_ and official seal. v C i Notary Pub c MAR':'ANN X. 11 tf) SMi'.l C �•. r0 tllg4 OF Co- �QQ�: 111111111111IIII11111111IIILIU111111ill11111IIII1111 3138689 12/17/2003 04:0W Weld County,CO RECORDER'S MEMORANDUM 1 of 4 R 21.00 0 0.90 Steve Moreno Clerk I Recorder C RDER S MEENT ORA DUM AGREEMENT OUND T;CANNING PURPOSES. o RE INADEQUATE FOR This agreement is made November 14,2003,by and between Jensen Quality Custom Homes,Inc.("Jensen"),and Gilbert R.Boos("Boos"). BACKGROUND OF AGREEMENT The following background statements are made to aid in the understanding and interpretation of this agreement: A. Jensen is the owner of the following described property: Lot B Recorded Exemption 0805-33-3-RE88,Recorded November 9, 1973, Reception No. 1624506,Weld County Clerk&Recorder records("Jensen Property"). B. Boos is the owner of the following described property: Lot Seven(7),J.B.Acres Fourth Filing,a subdivision of a part of the South Half (S'A)of the Southwest Quarter(SW'/)of Section Thirty-Three(33),Township Six(6)North,Range Sixty-Six(66)West of the Sixth(6")P.M.,Weld County, Colorado,according to the recorded map or plat thereof,and a parcel of land being described as"all that part of the South Half(S'')of the Southwest Quarter (SW Y°)of Section Thirty-Three(33),Township Six(6)North,Range Sixty-Six (66)West of the Sixth(66)P.M.,Weld County,Colorado,lying South of the County Road as now established"and being more particularly described as follows: Beginning at the Northwest Corner(NW Cor)of Lot Seven(7),J.B. Acres Fourth Filing,and considering the North line of said Lot Seven(7)to bear South 89°35'02"East and with a0 other bearings contained herein relative thereto; thence South 89°35'02"East along the North line of Lot Seven(7), 165.40 feet; thence North 29°35'02"West,222.96 feet to the centerline of the existing county road;thence South 89°37'10"West,73.92 feet;thence South 05°31'39"East, 193.10 feet to the Point of Beginning("Boos Property"). C. A fence was constructed by Boos in approximately 1971 and was intended to be placed on the property line that divides the Boos Property from the Jensen Property. The fence was not constructed on the surveyed property line as demonstrated on Exhibit A. Boos claims the property between the fence and his property line by adverse possession. D. A dispute has now arisen between Jensen and Boos concerning the correct property line on dividing the Boos Property from the Jensen Property. E. A water well owned by Boos serving the Boos Property is located on the property line between the Jensen Property and the Boos Property. • I nIIII aIII IIII 111111 In n°IIINI III!ICI 1111 3138809 12/17/2003 04:O4P Well County,CO 2 0l 4 R 21.00 D 0.00 Sleve Moreno Clerk A Recorder F. Boos has a potential purchaser of the Boos Property. G. The parties desire to resolve their differences and settle the property line dispute between Jensen and Boos. NOW,THEREFORE,in consideration of the mutual promises of the parties,it is agreed as follows: I. Boundary Line Agreement. Jensen and Boos agree the correct boundary line between them is shown on Exhibit A. 2. Fence. Jensen hereby grants Boos and easement for the fence and all property between the fence and the property line to repair,replace,construct,and reconstruct the fence until Jensen,at laments cost,moves the fence to the correct boundary line.If moved,the new fence shall be of similar quality and construction to the fence existing as of the date of this Agreement. If Jensen moves the entire fence,the easement granted by this paragraph only shall forever terminate. 3. Well, Jensen and Boos agree the well,as shown on Exhibit A,belongs to and is the property of Boos. To the extent the well encroaches on the Jensen Property,an easement is hereby granted by Jensen to Boos for the well, including the operation,repair,construction,and reconstruction of such well. If Boos redrills the well,it shall be redrilled completely on the Boos Property and not in its existing location on Jensen Property. 4. Confirming Deeds. The parties agree to exchange quit claim deeds • recognizing ownership to the property line as shown on Exhibit A subject only to the terms and conditions set forth in this agreement. S. Binding Effect. This agreement and the easements provided herein are intended to run with the land and be binding upon the purchasers and assigns of each property. 6. Miscellaneous. a. In the event of dispute between the parties that results in litigation or arbitration,the prevailing party shall be entitled to his attorney fees and costs from the non-prevailing party. b. This agreement is governed by the laws of the State of Colorado. c. This agreement sets forth the entire understanding and agreement of the parties and may not be amended except in writing executed by all parties. 2 • • Illllilllllllllllln111ll11l Eli IIIlllllMal 3130009 12/1712003 04:04P Weld Costly,CO 3 of 4 R 21.00 0 0.00 Otero Moreno Clerk tt Recorder d. This agreement shall inure to the benefit of and be binding upon the parties hereto,their respective heirs,personal representatives,successors and assigns. Executed on the day and year first above written. Jensen Quality Custom Homes,Inc. jigeo e ..J Gilbert R.Boos STATE OF COLORADO ) )SS COUNTY OF WELD AC, .wI d led before me,a Notary Public,November /4,2003,by Jay Jensen, of Jensen Quality Custom Homes,Inc. i ck KE� , en- I , $-2-0O7Notary Pu c ° loci STl A .`;•••:...0...1........ sa ) )SS COUNTY OF WELD ) '' Acknowledged before me,a Notary Public,November /'//l 2003,by Gilbert R.Boos. 1ptisst. es: �*-1.—,A007Notary lic j M AY ANN S. , , M\ SMITH ca i 1:11>,F tploi 3 1 I f3 ‘- .14 I II s z i . 1610N _i_.2;.:c-. 61_ . 4.100.00' PPP C.- I 'IrS2 .\ Ili! , 14._ 0 , @@�lel I 1 _J £ A It IYA � C GIs �" Ixi I d a ® fir Asfr i t i d Y: 11 $ t Ti 'A d. A I Ilk Of a - a. P a s; ' ) f x J #x IS ea / i IIIItt. i of --- - - - - L— / *4. - I / k 1 �� g / (6771 Ai�IIB1 iIo. -- 1 - - — — _-�� y�j is l ( si �� -,� / . MINI 3136689 12/17/2003 04:01P Weld Comty,CO 4 of 4 If 21.00 D 0.00 Steve Moreno Clerk&Recorder 197 INIIINIIII IIIU1111111illi hNIINI of 2 1111,00 D 30.00 dew Menem Clerk 8 Ramer WARRANTY DEED -Aptly 1„V. THIS THIS DEED. Made this 13th day of April , 2004, b��T�3 between Gilbert Boos .F oldie County of Weld and Stated Colorado grantor,and Jason A. Rothe 09€03R whom legal address is •395 North 66th Avenue, Greeley, CO 80634 of the County of Weld and Stale of Colorado ,grantee: WITNESSETH,That the grantor.for and in consideration of the sum of THREE HUNDRED THOUSAND AND NO/100 -DOLLARS.($300,000.00 ). the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,sold and conveyed,and by these presents does grant.bargain,sell.convey and confine unto the Fusee.his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld .and State of Colorado, described as follows: Lot 7, J B Acres Fourth Filing, a subdivision of a part of the South 1/2 of the Southwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th P.M., according to the recorded map or plat therof, and a parcel of land being described as •all that part of the South Half IS 1/2) of the Southwest Quarter (SW 1/4) of Section 33, Township Six (6) North, Range Sixty-Six (66) West of the Sixth (6th) P.M., Weld County, Colorado lying South of the County Road as now established' and --Continued-- also known by street arid'number as 595 North 66th Avenue, Greeley, CO 80634 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,reminder and remainders,rents.issues and profits thereof.and all the estate.right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of.in and to the above bargained premises,with the herediuments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and deathbed,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself.his heirs and personal representatives,does covenant grant,bargain and agree to and with the grantee.his heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the penises above conveyed,has good,sure.perfect. absolute and indefeasible estate of inheritance. in law.in fee single.and has good right,full power and lawful authority to grant bargain.sell and convey the same in manner and form as aforesaid.and that the sates are free and clear from all former and other grants.bargains.sales.liens,taxes.assessments, ercunbrances and restrictions of whatever kind or nature coevei%except for taxes for the current year,a lien but net yet due and payable,and those spec Me Exceptions described by reference to retarded documents as reflected in the Title Documents accepted by Buyer In accordance with section 8a Mete Review),of the contract dated September 11, 2003 between the parties. The grantor shall and will WARRANT AND FOREVER DEPEND the aboe.bngained premises in the quiet and peaceable posses- sion of the grantee,his hews and assigns,against all and every person or persons lawfully chiming the whole or any pen thereof. The singular number shall include the plural,the plural the singular.and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF.the grantor has executed this deed on the date set forth above. Gilbert Boos STATE OF COLORADO )as. cowry op/ The forego' gin halISprjjjeee ged before me this 13th dayof April , 2004 by Gilber e4eg 'Vyj.�-1 % MY iXP� e Wi oPU WAPIANrr D®tier nw.Dwee lance)rotates, Rte UOM6IIAa3 a1l MI 11111 lilt in 1111111111 11111 It IIF 3170197 0411911004 0t189 Wed Gnat&CO Pd P R 1190 0 80.00 Wes Morwo CNrk&Recorder 595 North 66th Avenue CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED April 13, 2004 Weld County, Colorado lying South of the County Road as now established' and being more particularly described as follows: Beginning at the Northwest Corner INW Cor) of Lot 7, J. B. Acres Fourth Filing, and considering the North line of said Lot 7, J. B. Acres Fourth Filing, and considering the North line of said Lot 7, to bear South 89'35'02' East and with all other bearings contained herein relative thereto; thence South 89'35'02' East along the North line of Lot 7, 165.40 feet; thence North 29'35.02' West, 222.96 feet to the centerline of the existing county road; thence South 89'37.10' West, 73.92 feet; thence South 05'31.39' East, 193.10 feet to the Point of Beginning, County of Weld, State of Colorado File UO946 311A03 JUL. 7. 2004 11 : 35AM NO. 447 P. 6/31iso3.vAoo STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY x SECURITY TITLE GUARANTY CO AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY f INFORMATION • De Tide Insurance n nin++emtisalegalcontrectbetwecnyouandthecompany.It is issued toshowthebasisonwhichwewini�ssa a Th Tit�e Insurance Policy to you. The Policy will insure you against certain asks to the land title,subject to the limitations shown in the*icy, The Company will give you a sample of the Policy form.if you ask. The Comminneut is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affectthe Commitment and the Policy. i1 The Commitment is subject to its requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OFT=TITLE INSURANCE COMMITMENT.YOU SHOULD READ TEE COMMITME? VZRY CAREFULLY,IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICIO, AGREEMENT TO ISSUE POLICY 5. FIRST AMERICAN TITLE INSURANCE COMPANY,referred to in this commitment as the Company, through i agent SECURITY TITLE GUARANTY CO.,referred to in this Agreement as the Agent,agrees to issue a policy to you accAlmg to the terms of this commitment. When we show the policy amount and your name as the proposed Mewed in SchcduleA.",this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Comittrent date,our obligati 'under. this Commitment will end. Also our obligation wader this Commitment will end when the Policy is issued and then our oblijatian to you will be raider the Policy. Our obligation under this Commitment is limited by the following t ' The Provisions in Schedule A. The Requirements in Schedule B-1. a • The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Comgrtinment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. • • UTFARB l r JUL. 7. 2004 11 : 35AM -- NO. 441 P. 7/31 50327A04 • CONDITIONS 1. DEFINITIONS (a) -Mortgage"means mortgage,deed of trust or other security inshament. ') ; (b) "Public Records"means titlerecords that give constructive notice of matters affecting the fele according to state'tam wlieae the land is located [, . (c) "Laced"means the land or condominium unit described in Schedule A and any improvements on the land wl?share real property. 2. LATER DEFECTS The Exceptions in Schedule B-Section 2 may be amended to show any defects,liens or encumbrances that appear for the in public records or are created or attached between the Commitment Date and the date on which all of the - i of Schedule B-Section 1 are met. We shall have no liability to you because of this nmeeMnent. 3. ElUSTING DEFECTS if, • If any defects,liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B16 show them If we do and Schedule B to show these defects,liens ex encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY }� Our only obligation is to issue to you the Policy referred to in this Commitment,when you havemetits Requimments. Ifweh lveliny liability to you for any loss you incur because of an error in this Commitment om liability will be limited to your actual less'4eattaed by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B-Section 1 or eliminate with our written consent any Exceptions shown in Schedule B-Sect.2. { We shallnotbeliableformorethanthePolicyAmountshowninScheduleAofthisCommitmentandonrliabilityissubjecttotl tei�s of the Policy form to be issued to you. t , 5. CLAIMS MUST BE BASED ON THIS COMMITMENT 1: .' Any rnu+rm,whether or not based on negligence,which you may have againstns concerning the tide to the land must be based*this Commitment and is subject to its teams. DISCLOSURES }; 9AP PROTECTION When this Company conducts the closing and is responsiblefor recording orfiling the legal documents resulting from the trat'teaction, the Company shall be responsible for all matter which appear on the record prior to such time of recording or filing. , JCRANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy ofinsurance- If the property being purchased has not been the subject of construction,improvements or repair in the last six months pmiktithe date of this commitment,the requirements will be payment of the appropriate premium and the completion of an Af ld4vit"snd Indemnity by the seller. np If the property being purchased was constructed,improved or repaired within six months prior to the date of this commit:mt)the requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among other's The general requirements stated above are subject to the revision and approval of the Company. I • SPECIAL TAXING DISTRICT NOTICE The subject land may be located in a special tatting district;a certificate of taxes duelistiug each taxing jurisdictionshalibe '- from the county treasurer or the county treasurer's authorized agent;and infonnatien regarding special districts and the boil/Antes of such district may be obtained from the board of county commissioners,the county clerk and recorder,or the county boa PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authoriz*by the customer,or are regmred by law. CONSUMER DELI ARAT ON STATEMENT . This Commi4nent for Titlelnsurancemay include aSchedoleB exception reference to recorded e idence that a mineralestatelushetn severed,leased,or otherwise conveyed from the surface estate. If such reference is made,there is a substantial like iho$ltthata third party holds some or all interest in oil,gas,other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission. You may be able to obi ein4(tle insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask yourlitle company representative for assistance with this issue. t • j JUL. 7. 2004 11 : 36AM W. 441 P. 8/31os0mA06 SECURITY TITLE GUARANTY CO. 3690 W 101t Street,2nd Floor•Greeley,CO 80634•Phone:(970)356-3200•FAX; (970)356-4912 COMMITMENT SCHEDULE A Commitment No: U050327A04 1. commitment Date: June 25, 2004 at 8:00 A.M. 1' 2. Policy or Policies to be issued: Polh cy. Amount (a) Owners Policy - Proposed Insured: $, 2D To Be Determined (b) Loan Policy - Proposed Insured: $ O; - NONE 3. Fee Simple interest in the land described in this Corarrdt.ment is owned, alt _ hie Commitment Date by: Parcel 1: Jason Rothe and Julie Rothe Parcel 2: Jason A. Rothe ,, 4. The land referred to in this Commitment is described as follows: SCHEDULE A PAGE 2 ATTACHED HERETO . . i4 ; j I }kk, PREMIUM: To Be Determined $ 07/07/04 11:23:31 jh 1m5631 9 , ITISTAND JUL. 7.1.y2004 .11 : 36A,_m5631 NO. 447 P. 9/3h3osvAo4 SCHEDULE A - Page 2 �I Order No. V050327A04 Parcel 1: Lot 6 J. P. Acres Fourth Filing, A Subdivision of a part of the South 1/2 :Q the Southwest 1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado- a ' Parcel 2: Lot 7, J B Acres Fourth Filing, a subdivision of a part of the South 1/2 of the Southwest Quarter of Sectiom ; 33, Township 6 North, Range 66 West of the 6th P.M. , according to the recorded map or plat thereof, and a parcel of land being described as "all that partlbf the South 1/2 of the Southwest 1/4 of Section 33, Township 6 North, Range 66' West of the 6th B.M. , Weld County, Colorado lying South of the County Road as: now established and Weld County, Colorado lying South of the County Road asi ,. now established" and being more particularly described as follows: Beginning; at the Northwest Corner (NW Cor) of Lot 7, J. B. Acres Fourth Filing, andg. considering the North line of said Lot 7, J. B. Acres Fourth Filing, and considering the North line of said Lot 7, to bear South 89"35'02" East and with all other bearings contained herein relative thereto; thence South 89'35'02" East along the North line of Lot 7, 165.40 feet; thence North 29'35'02" West, 222.96 feet to the centerline o£ the existing county road; thence South 89'37'10" West, 73.92 feet; thence South 05'31'39" East, l93'.1t0' feet to the Point of Beginning, County of Weld, State of Colorado. (for informational purposes only) 596 North 66th Avenue '( a , I f 4 • ₹, 07/0JYb 1 2004 36A 5631 V0. 447 P. 10/31on7Aa4 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCEEDULE B - Section 1 Order No. IIO50327A04 Requirements y The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgageito be insured. (b) Pay us the premiums, fees and charges for the policy. 3. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this commitment and notarized. S : (e) The following documents satisfactory to us must be signed, delivered and er . recorded: 1. None - Informational Commitment Only NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER, )� SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS or C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . } r A : I r 4, ji! t 4 T ' i 1 JUL. 7 2004, 11 : 36AM 631 — NO. 447 P. 11/31;ofz,,.00h Form No. 1344-E2 (CO-88) ` ALTA Plain Language Commitment SCHEDULE B - section 2 Order No. UO50327A04 ; Exceptions s ; Any policy we issue will have the following exceptions unless they are taken care(of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public reZdrds but which could be ascertained by an inspection of the land or by making iniuiry of persons in possession thereof. 2 ' 3 . Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments4, ..and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records . i 5. Any lien, or right to a lien, for services, labor or material heretofore ors hereafter furnished, imposed by law and not shown by the public records. • ( 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 4 • 1 7. The following items as set forth on the plat of Said Subdivision, to-wit: Easements are as shown on plat of said subdivision. 8. Reservations by the union Pacific Railroad Company of (1) oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, min and remove oil, coal and other minerals, and (3) the right of ingress and' egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded June 16, 1909 in Book 233 at Paei 226, and any and all assignments thereof or interests therein. ' '• • o ' 9. Reservation of an undivided 1/2 of oil, gas and other hydrocarbons and minerals now or at any time hereafter situate theretin and thereunder, • together with all easements and rights necessary or convenient for the d production, storage and transportation thereof and the exploration and tes3Eng of the said real property and also the right to drill for, produce and use l water from the said real property in connection with drilling or mining operations thereon as contained in instrument from the Union central Life 1 Insurance Company recorded July 5, 1946 in Book 1182 at Page 435, and any r interests therein, assignments, or conveyances thereof. Relinquishment of surface rights recorded November 26, 1966 at Reception No. 1524345. 10. Any portion of the land which lies within 30 foot right of way which traverases. the land along the Northern boundary line. „I' 11. Those items as disclosed by Land Survey Plat, including the effect of fence'' .? --Continued ' 07/0 „ .,— .1. 2004 1 jL _m5631 — NO. 447 P. 12/31osnAoa Form No. 1344-B2 (CO-88) JI ALTA Plain Language Commitment is Schedule B - Section 2 continued Order No. UO50327A04 S 1 lines not corresponding to property boundary lines, recorded December 9, 16b at Reception No. 3133893 . 12. Terms, conditions, provisions, agreements and obligations specified undertltze Boundary Line Agreement and Grant of Easement by and between Gilbert R- BIOS' and Jensen Quality Custom Homes recorded December 17, 2003 at Reception Na. ' 3136689- i' 13. Terms, conditions, provisions, agreements and obligations specified underitlie Agreement by and between The Greeley Irrigation Company and Lyonel Kinnison' recorded September 14, 1967 at Reception No. 1507734. 14. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to1Pan American Petroleum Corporation as Lessee(s) dated December 23, 1970, reco.'ded January 15, 1971 at Reception No- 1560588, and any and all assignments thereof or interests therein. 15. Covenants, conditions and restrictions, which do not include a forfeiture.or reverter clause, set forth in the deed recorded in Book 1492 at Receptio No. 2438588. 16. An easement for access and incidental purposes granted to Douglas B. Car t by the instrument recorded May 16, 1995 in Book 1492 at Reception No. 243858- 17 . Deed of Trust from Jason A. Rothe and Julie D. Rothe, to the Public TrusteLof Weld County, for the benefit of Compass Bank, securing an original princiipal indebtedness of $ 200,000.00, and any other amounts and/or obligations date July 12, 2002, recorded August 20, 2002 at Reception No. 2979926. 1. C 18- Deed of Trust from Jason A. Rothe and Julie D. Rothe, to the Public Trus$ . of Weld County, for the benefit of Compass Bank, securing an original princ aJ_ indebtedness of $ 300,000 .00, and any other amounts and/or obligations d el June 3, 2003, recorded June 23, 2003 at Reception No. 3075845. , , 3• ,4 1 i 1 JUL. J. 2004 11 : 34AM - - NO. 447 iP. 2/31 0LI8 j : I11111 III 111111111111 Ill 1111I1111111111111111111lit f 2034734a 16/15/1008 02:37P Weld County CO 1 of 2 R 11.00 0 0,00 .ia Sukl Teukeeato F A298-10 QUITCLAIM DEED R2.98-04t, I' c . THIS QUITCLAIM DEED,Executed this 15th day of October , p 1998 is I. by first party,Grantor, Garvin Westhoff ' ;Y, i whose post office address is 4320 23rd street Greeley, CO 80634 ' to second party,Grantee, Jason and Julie Rothe whose post office address is 2601 34th Avenue Greeley, CO 80631 1 WITNESSETH,That the said first party, for ood®deration and for the sum of i Seus,....tr Pit._ T1a,unate Dollars($ r ) paid by the said second ? . party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim s • unto the said second patty forever,all the right,title,interest and claim which the said first party . . has in and to the following described parcel of land,and improvements and appurtenances there- p • to in the County of weld ,State of Colorado to wit `, Lot sax (-6-)- 3•.&. Acres- Fourth- Piling-, A• subdsvistror .of A' part of ! the south half (51 /2) of the southwest quarter (SW1/4) of > section thirty-three (33), township six (6) north, range , sixty-six (66) west Of the sixth (6) P.N., County of Weld,State Of Colorado. . 3. 7 Street Address 596 North 66th Avenue Greeley, CO 80634 17 (p r p) ma+.sm 33I ayour ms stele requires 8'le x 11'far .cut o0 the bottom of this page at the dotted Goo. t 3! : v: . }, II IIiii t05 9 "mato.hL kaIrenyouve*bitemale'Minn primead al me6tr!Awl.lmomadaIt nitre DAD ID IgYaem la,slaaM.aifysr Imbed Iee 5'Y Awnsrea S re ee v.S a•ameM ley.roam.a* err..Ye.a I Ic�,wa4a MtlleNr.QP165R .lIFm�10 e[![R�a*tY Vr**,farm IYNJN4d YYartlgo,,. • ( L. L JUL. 7. 2004 11 : 34AM .. ,-, N0. 441 P. 3/31 Sb 11E1 11111 111111 111111 u1111f11111111111111111111 1111 226ofp of 26R111.20 D98 02:37P e.00 JA 5ukldTsuka County CO - IN WITNESS WHEREOF The said first party has signed and sealed these the a first above ,E. 1\y'' written.Signed.sealed and delivered in magnet o6 Signature of Witness a [First Gazf p W hgtf — ,, Print naam of First Party Print name of N5mess d i; Signature of Wimess Signature of rust Party 3 f • Print name of Witness Print name ofFirst Parry I 1 r Staleof Colorodio I County of w (4 3. On tO- 19-45 befan:me. . appe16Cd Caahr;,, Lk-s4rkecri. personally IvanIvantome(or proved to me on the basis of satisfactory evidence)to be the person(s)whose ladle([) is/are subscribed to the within instrument and acknowledged to me that belshelthey executed the same in 4. hisiber/their authorized capadty(lcs),and that by hisfbediheir sigaaturas)on the instrument the person([),or the entity upon behalf of which the person(s)acted,executed the instrument WITNESS m hand and ofEeial seat. _� y :D¶),u'PU8lr 11 -µ• /Jf'� 2i 1 tr t, i t s If, igna yr a. c m e=r -/'{(y�. p N. Sype omf m Raoum used m // I/ �•.. Jr C) (seal) 1 State of 1 '?'r F C0�0�� County of . _ ' Oa before me, 1: personally blown tome(or proved to me on the basis of satisfactory evidence)to be the persan(s)whose name([) n' • ed the same in is/arc subscribed to the ptitwithin instrument` d hisfbcrltheirged to me that sigaamre(s)on tlresiasa+umm identpetace(s),or the his/bur/their authorized apaciry(ies), by entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ..yap Signature of Notary ngsant Itnami dtccd m ID (.Seal) 4 1 S. arvin We thoff G Print Name of Prague 4320 23rd Street Greeley, CO 80634 Address of Paperer f . OD If your slate requires 6 x t f'tams,cm off the bottom of this page at the dotted fine.• • •1 V ant Levi ark.,.Maur yak are are fine.wad It ndL dl t'Wa.wa mare Simone thaw se umeay pyor PrOCbladnyanfest Co m& if yw doubt do tome.s,®fee yew potpie sat urn ru real Mn and dm nailer mak w wwseadw es warn,,open a tdgad with mpva pole ' VIHCLIGMIIIy ulnas dam form P1aded me de over. 1 AL. 7. 2004 11 : 35AM Na 447 P. 4/31 197 i unto rr�n riii�u1i�i�ru u��m��i�n�i u►iii 3170197 1 0l 4 R 11.00 0 90,00 9uw ManOo Oletlf i ReooNof WARRANTY DEED Uo9A bg8 as {$ THIS DUD,Mademic lath day of April , 2004, between Gilbert BOOS IZi.C 7�' : C CA? , i ofrba county of Weld and Shoe of Colorado - gnomon and Jason A. Rothe J, • 691,3 S R r whose legal address is 795 North 66th Avenue, Greeley, CO 80634 S of the County of Weld and Stara of Colorado .grantee k' .1' WI NESSETH.TheeOregrantor.forandintonsidetadonoftherwnor THREE HUNDRED THOUSAND AND g . No/SOD DOU RS,($300,000.09 ). 1 ' the mceipt end sufficiency of which is hereby acknowledged,has granted bargained.sots and conveyed.and by these presents does gran.bargain.salt convey and analog into the grantee,Ms helm and assigns forever,all the real properly together with improvements.if any.situate,lying and being in the County of Weld ,and State of ColonWO, f f described es follows: 'v • Lot 7, 3 B Acres Fourth Filing, r a subdivision of a part of the south 1/2 of the Southwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th R,M., according to the recorded ;1 map or plat therof, and a parcel of land being described as 'all that part of . the South Half (s 1/2) of the Southwest Quarter (SW 1/4) of section 33, ' Township Six (6) North, Range sixty-Six {66) West of the Sixth (6th) P.M., Weld county, Colorado lying South of the County Rond as now established' and _-continued-- I aimimownbystrectanddunrberes 595 North 66th Avenue, Greeley, CO 80634 { TOGETHER vas all and singular the lreendiemenls and appwlt9ancca thereinto bcbngiag,err in ausl'svaae appethainina and 3. the reversion and reversions,reminder and remainders,rents.issues and profits thereof,and all the estate,right.tide.bitted claim and demand whatsoever 0f the grantor,either in law or equity,of,is and to the above 6wgaiad premises.with the beredlamenu and eppttrmnswc.TO HAVE AND TO ROW the said premises above bargained and&Seabed.with tae appanulanees,ante the grantee,h ,,ie r heirs and assigns forever. And the grantor.for hiauef his heirs and personal etpresentaOvet.does cavemen,gnus;bargain sad d. agree to and with the gang his heirs end assigns,that at the dare of the unsealing and delivery of theme presents.to is well i. seized of the preonses above conveyed has aced.sae.perfect,absolute and indefeasible estate of inheritance.tanc. in law,la i fee simple,and has good tight fan power and lawful tonically to gran.bargain,sell add convey the same m tanner and form 'f as aforesaid.and Oar the atone are free and clear from all former sad other gnats.bargains.sides,liens,ens,assandeAts, ereombnnees andreaGietions of whatever kind ornature socver.except for terra for the current year,a lien but not yet due and payable,and those specific Exeeptsom described by reference to recorded document as=reeled la the tide poewoents accepted by Buyer In accordance with section Sa(Title Review],of the contract dated September 11, 2003 between Ilse yarded. The grantor;ha nndwGIWARRANTANDPOREVl3RDHPfSID tluabove-begat edpremisea io the ViUandpeaceableposses- +t,, sbm of the grantee.his heirs sad assigns,against all and every penes et persona lawfully daicasa6 the while Or any pest thereof. ' The singular not shall include the plu al.the plural the biopsies,and the use of any gender shall be applicable to all genders. IN WITNESS WJlEREOF.the grantor has executed nil dew on die dale utforth above. 13-,,,-.9---1 : Cilhert Boos A. a. 1: t STATE OF COLORADO ) couNTy or _Y. ./ ) The forego ithrija i1 Bad befog melhis 13th d�Of April , 2004 by ' Oilber Bdeg��.;.A yy' Mycom ''d Ar Wi �� .• u - mazy 1 waaxsMY KC tarlM.p.paa R.wc twat Ht.a VoaeMIAO$ ;I I : JUL. 7. 2004 11 : 35AM NO. 447 P. 5/31 1111111111Elll1111111ll�l�1111llll111lllIllllll 8170197 04/13/2004 0318► Meld C0eeb,CO 2 of 2 R 11.00 O 30.00 Serve Moreno 1 irk&Recorder • 595 North 66th Avenue CONTINUATION OF LS3AL DESCRIPTION TO DEED DATED April 13, 2004 weld County, Colorado lying South of the County Road as now established' and being more particularly described ma follows: Beginning at the Northwest Corner (NW Cor) of Lot 7, J. B. Acres Fourth Filing, and considering the North line of said Lot 7, a. B. Acres Fourth Filing, and considering the North lino of said Lot 7, to bear South 89'35'02' Bast and with all other bearings Contained herein relative thereto; thence South 89'35'02' East along the North line of Lot 7, 165,60 feet; thence North 29'35'02' West, 222.98 feet to • the centerline of the existing county road; thence South 89'37'10' West. 73.92 feet; thence South 05'31'39' East, 193.10 feet to the Point of Beginning, County of Weld. State of Colorado N • R' { 1 S I i t, j• Y ' 1 , , Fae 009en1A05 I? ' JUL. 7. 2004 ' 1 : 37AM O. 447 P. 13/31 AR2 6589 2438589 B-1492 P-384 05/16/95 04:20P EG 1 OF 3 RRC DOC Weld County a0 Clerk & Recorder 15.00 EASEMENT A THIS EASEMENT AGREEMENT is made this 12th day of Wry 1995, by and between Garvin Westhoff("Grantor')for the benenr of Douglas B.tarter("Grantee"). 1 The following background statements are added to aid in the understanding and interpretation of this Agreement: r • A. Grantor is the owner of the following described property! , Lot 6, J.B. Acres, 4th Sling, a subdivision of a part of the South Half of the Southwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th P.M.,Weld County, Colorado 9 ' Also known as 596 North 66th Avenue, in the City of Greeley, County of Weld, State of Colorado • B. Grantee is the owner of the property described as; A parcel of land being described as all that part of the S 12 of the SW 1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying South of the County Road as now established and being more 1,. . particularly described as follows: Beginning at the Northwest Corner of Lot 7, J.B. ACRES FOURTH FILING, and considering the North line of said Lot 7 to bear South 89°35'02" East and which all other bearings contained herein relative thereto; • Thence South 89°35'02' East along the North line of Lot 7, 165.40 feet to the Northwest Corner of Lot 6, LB. ACRES FOURTH FILING, and the TRUE POINT OF BEGINNING: Thence South 89°35'02" East along the North line of Lot 6,479.20 feet;thence North 30°20'58" East, 86.16 feet to the centerline of the existing County Road; thence along the centerline of the existing County Road by the following three courses and distances; North 66°20'20" West,63.24 feet;North 73°36'30"West, 351.78 feet South 89°37'10" West, 237.48 feet; thence South 29°35'02° East, 22.96 feet to the TRUE POINT OF BEGINNING. C. Grantor desires to grant an easement for access to Grantee over and across the ' property described in paragraph A above which shall be appurtenant to and run with the land described in paragraph B above. • • N . 6. .i JUL. 7. 2004 11 : 37AM NO. 447 P. 14/31 2438589 B-1492 P-384 05/16/95 04:20P PO 2 OF 3 NOW THEREFORE ANI)TN CONSIDERATION of the sum of five dollars($5.00)and of good and valuable tosvdatimt in band paid by Grantee to Genstar rcpt in sti9deacy of which is hereby acknowledged, the patties hereto do baby agree and covets=as follows 1. Conveyance of Easement. Grantor hereby grans and coveys to Grantee an easement for arms over and across the property detertbed in pa g:eels A above. 2. Purpose of acres easement defend. The purpose and use of this amt shall be Jitnited to arras to and through the lavpaty descnbcd in paragraph A above. Such use shall include common rights of ingress and rpm from and to public streets abutting the property described in paragraph A above. This case tint shall be for the beenent of Grantee and shall be used in common with the moat and future owners, ocwpants, mortgages and any aka person ac4ulting intones in the property=cited in paragraph A above or any part themof and all of their invitees. By granting this easement,a public street is not created to dediared. 3. 9ardea, benefit, nut with the Si. This ease=shall be binding upon and nano to the benefit of the Grantee and all warn and future owners of Grantee and his sespeadve heirs, successors, personal representative or assigns. This easement is appurtnamt to and shall fun with the property riest*ai in paragraph B or any part thereof- 4. Conenneton and Main atvn. Grantee does not plan so regtdady use the easement except with respect to maintaining the property described in paragraph B above_ Accanl"mgiy,no cost for maintaining the easement shall acrnte to Grantee but Grantee may use any exit in roadways or driveways in conjunction with this casement. 5. MisceRaaeous provision. a. This easement contains the foal and entire agreement between the parties hereto and they shall net be bound by any liens,conditions,statemesttr or teptrsamdons, ant or written not herein contained Any Subsequent Urtendment to this easement stall be valid only • if executed in writing by the parties beano, their successors or assigns. b. As used in this easement, the singtdar shall include he plural,the plural • the singular and the use of any gender shall be applicable in all genders. • c. This agreement shall be binding upon and enure to the benefit of the :r panics hereto and their respective success=and assigns 2 • • • ;. JUL. 7. 2004 11 : 38AM N0. 447 '1P. 15/31 2438589 B-1492 P-384 05/16/95 04:20P PG 3 OF 3 d. The provisions of this sanest shall be deemed to be cumulative, no provision of this ea emen shall be deemed to be a limitation of or to exclude any otter provision hereof of any right,remedy or provision of law unless otherwise etpre€siy stared. e- The captions of this easement axe inserted only for the purpose of convenient reference and in no way define,limit or prescribe the scope or intent of this easement or any pat thereof • is Executed this aday of tali!/ , 1995. uU ' GRANTOR o ACIGNOWLEDGEMENT STATE OF COLORADO ) COUNTY OF WELD ) knegoing instrument was acknowledged before me this Jayr of 1995 by Garvin Westhoff. l) w Whitest my hand and official seal.pAtr' „m»tission expires; `��I4k , ISa \C�^*1I- • • z: WAS • 1 •° IkcL -moo$' kQ ¢ t ... fop Notary robot 3 3" 7 4, 1 _ JUL. 1. 2004 11 : 38AM NO. 447 , P. '6/31 ecko AR2i3ES6h = 2438588 B-1492 P-383 05/1,5/95 04:20P PG 1 OP 3 MC D0C --Veld County R CO Clerk & Retarder 10.00 6.50 i AEED ] ll 1 THIS DEED,Madethis 12th day of May .1 1995 ,betweenDBS. WRICH & CARER. P.C. PROFIT SHARING i, l PLOT—CdRTffi MD TNTON C U I a AS laasLag ,t ITS of the 'County of WELD arW Sim 'I of Colorado.yantor(s).nod , =W M WESTHOFF atones legal address is 4320 29td Street, Grc X ey, CO 80634 ir 47 of the County of WPl.D and Static of Colorado.gran[ec(s): 3 W l'1'NCSgGTtI.That tthepmntonsh Ile turd in ccxisidcnuun of to nun nl' �s SERI—FIVE MOOSAND Alm 170/100 _ DOLLARS. : 1 a:', ) the receipt awl sufficiency at which is harnhy acknowledged.ha g granted.bargains.sold and conveyed.and by tan Inensa[s !: ]f„ hero:once assigns rorevar.all the ref .I do es grans,batFtin,sCd.cl+nsry and mnlirN,craw the gtantcalsl. his S PmPenY•' I S' together wish improvements. If any,situate,lying and being in the County of Weld I and State of Colorado.described es full[we: LOT SIX (6) J.B. ACRES FOURTH FTLIRO, A SUBDIVISION OF A PART OP TEE . SOUTH HALF (S1/2) OF TEE SOUTHWEST QUARTER (SW1/4) OP SECTION THIN:CY—TERRE (33). 1VUNSMTr SIX (6) NORSE, RAMS SIxTr—sr. (66) WEST OP TER SIETH (6) 1 P.M., COoe1T or WILD. STATE OF COLORADO. ' I. r4 alto Mown I y.lore and number a.' 596 NOETE 66TH ARMOR, GREELEY, COLORADO . TOGETHER.with all and singular the heralitanrcnrn and appanennnces shamanw belonging.or In any wise appertaining.and the 'I revenirm end s,o rslon..remainder and nmulindefa.moss.Swum.uml pmiit,tartan,and all the state.right.interest.claim and 0 demand whatsoever of the grunions),either in law or equity.of.in and to she above bargained premises.with the humai*naane and , appunenanccs. It. . TO HAVE AND'IY)HOLD ilia mud surmises abovebarained and deserilani.with lheu rtennte unit the wrtema his pmmri. g pry gr h heirs and assigns forcer And the gramocc(sl, far the*selves, their heir., and prn,onul teprescnhthers. ,'4 do covenant.grant.bargain and agree to and with the granree(t). his beimard assigns,that w the dune oldie enac4hig and delivery ofthesm pmxmss well sclew'of the prendeceahnvc ctnveyul,hag 100,1,sure_perfect.absolute , and indcicasihk exam nfinheritance.in taw.hi fee simple.attdha a goad right,run powerWWIawttli authority to grant,bargain.mg and convey the sane in manner and furor as alimtsaitl.and that the some sire free and clear front all Ibmler and other grants,bargains. stiles.Ikns.taxer•WitiemnwnL.eneunthotnc,lh and rvatrietisnu or whauwer kind or nature arever.cxcvpt The Grantee, his j heirs, personal representatives, successors or assigns, shall not construct nor 9,1. , maintain any structure, building, improvement, device, pole, or antenna either i''; on or affixed to the property conveyed herein to a height of Dore than Vane/C20[O feet above the ground. This restriction shall be in effect for a period of I. twenty-five (25) years unless released of record of a document executed by the ICI then owner or owners of the property described in Exhibit A attached to this Deed. This restriction is laced upon the propp¢¢xity conveyed herein Tor the use trigd Fit tK the erne. ofp h described in bit A attached hereto, r rW pexganal reXN s -Q� or o assn —" The grantor(slshail arW II WAf00nNPf A��bR ��Tx a�rnve�¢xgam�mises in dm quiet and peaceable plates ion ofinegiusec()), his haim and assigns.again°all and every parson or Emmons lawfully claiming the whole orany pan shemof. I IN WITNESS WHEREOF,'ncc granters)ha c.ecuied this deed on she date Sim written above. DRS. WELCH 6 CARTER, P.C. PROFIT SEDUMAAFIDD IINTjtaacD�HP war AS =STEEL-. J _ LORI L. SGRB$IIOEX, VICE PRESIDENT ° _ A11D ''I YST nvnr r — __-- F No.36.Rev.2.115. wettuves Penn elite rsCIPI Illaamil publice,ry,Na5w ire.w.,IyLLwmd.Cu salt- I'oJhm,AH° bier JUL. 7. 2004 11 : 38AM - N0. 441 ?, 17/31 2438588 B-1492 P-383 05/16/95 04:20p PG 2 OF 3 3 STATE OF COLORADO, County of Acid J a. 1111 I I. Carrie Walker ,a Notary public in and for said Veld aunty.in the Sete aforesaid,do hereby certify Mat Lori L. Schreiber, ' Tice President and Trust Officer who is personally known to me to be the ' person whose name is subscribed w the faegoirg Deed. appeared before me this dry in person and acknowledged that she signed,sealed and delhered the sod inshmoent of writing as her free Sod'oltunry sa and deed for the uses and puryss set forth_ �� 't Given under my hand and official seal,this 12th ire of 4'S��LL'raa�� Nay .2995 . .t y My commission taping July 15, 1997 P , 1 u)(t ; CARRIE 10 ' 1 L F i i 4' W . W , 9 5 t F 8 8 • 3 i t I it 2 R e 2 z a e 1.1 1 1, _cd fi y .. JUL. 7. 2004 11 : 38AM NO. 447 P. 18/31 2438588 B-1492 P-383 05/16/95 04:20P PO 3 OF 3 s .. EXHIBIT A 5 ' 1.at B of Recorded Eaearption No. 0806-33-RE509 Recorded August 26, 1981 in Book 945 as k Reception No, 1867427,being a part of the following described propertr All that of the SE 6 1� NW'ti an the NE's SW rk of Section 33,Township 6 North,Range 66 West of the 6th P.M.,lying South of the Centerline of the Cache La Poudre River and North :l of the C :seine of the Ore tey No. 3 Dirch. Also known as 760 North 71st Avpwe, in the City of Gree ey, Councy of Weld, Srdte of Colorado- • t i A , 1 _ .._ c 7 14. .-‘5,`",:' g �.w . :-.11 .7.---3- -PeI I I 1 hf r , • � • •F 7444 ez Y.r i -3"1.;"44:1-........,(1-:-.- r f r.4 L- r T r 1 , r l f tiw •` , I' • SA.1).8 cot o 6 14!1460780 9 -.—. It.5Ud ' lr if f i 'i iit II`{!i?i' ]S1 ^ i I t € •I PIftM E ri€ y' !i q�} rA I' ' r E {'I IIII=II1 VI I"l 1 �1 1 .lia1, 65Bli le�lr, 1� 11 1 irJI' 1Er1,, tl i i I } tT r Mi l} !P #'_ Ids. T a 'x# a1-Y 9 ' iill 1 } I �ii 1 k It j ge1g� t (! e81[1 I it ri. iE'jrftri 'tI'r ' l} IIll'} i i t a iri lift liti iI IiII' '1 6 1 ` ti I I• dlr l �'• f,}I Nr{ 7lrf�lt silil{tH� ilrII i I. �j � it I i� �{1 l ` ll � iI� �APt 1! " � 'rltir['} !E ! '' eiill $t }, +,, r ! iI,Il}} il[ gig ,ii r }i p ! Ii11, l 41 of l # ilki it t1I 3 •t11°li oalit i}Ii i, gP11 tI= rl 4,i Itrtl . x It I, t� l ttl�l It ri ii l ;! rE!{t ;I ;;I!njiIj1h!:I % �ll�� I:Ig � � Ir �I, E��g 'r y;.itli�I a ii i�f t � ��qi �� i( i I la r # !)I l7saidtr1, t t l 1, ! ! t . 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Iit ' �f` i' ' 14t: ' r: I 'l;_ lfirtl` l'l�ih�;i iItilli ltr •I r; l:rah III it i `!� fktalit 11.1 ill, I` �• 1 {��' .A.,, ,� , trill i;tttje 1l'}ielila )IIIti 1II !III I¢ =t% Unit I !.i i !I li I.v,4iln x . • *{s t ]s mac{ 1 • ' 1 Ij(}{.� 4 r { , ISI ; ll �t �„ �. ; t� ` # `� 'T it arT a II iiPI [ y Ill tut 1tE tills}�111iIii'I1 ' mil t tIr e { !II ., iii i. ! !M 1 r it � ' [L'I. 1t li hkill. iii 91t is 3, , ' II • { >rx L ic ,.r1.. „' •, a .. .8 y}, • - - . iM•1f1 mail r ; 1 a..."T'ai.jbi�•� .. .. .� .. r r r r �i�i d��n 1 r.'„-e . . JUL. 7 2004'11 39A � 417 M1O P. 20/31 Iltdissit • • erills ._se� .IMP .a.agar aaaaJW lrl r� �rm an...sink as raaw4 r • ale—�.lame ssatTatatikao Tar rasa T. J4+rea MIww w•Ail of 4.K�r �1�� .vew Ma rrraar rr.� La :lr.rwwa/.e rae wa s.•a sal aor ew 4.a:eltra.a �' �. ' • aria.",, p_ab rap.wMrarwa a��_iea.ma Vii.••w.1aw�as et 4�x_ � -a�N'ww�r.w��.. r4. ..,.Cvµ.� •I •'_— t r�yai '�++ war a l atata �ru�w�wrwwr+r r.."�iret6rrrr." A f L A , �r��aaR�li.+ ul �++rr Y�.�rw. r��wRw _ a►'t—--r--Voaraa.raw t--rrra.r tar.lrwap.4b V aaalwa la.a.iaaa rrr�`wtr Arwu r�ww�4cwrw. - 1 .y' e•Milan -east-as taken.' .- - . ay�a. t alwwT�.wM ... ��.ynrw..ie .A:+Jaaaia.w a a a... a war4 asa m - ye•araYfebr. owl . '_'�" .-.1,. as-iw..ma� waaa•aa4.a t st•4.a rw�i w1�iw. larayl5,5 aAlowe tr.raP�awya..aaawrtwrtwala _ • aawawaearwr ^.a.a tarairreaawa arab 4.a.as ea__ a • a ea 4 •a.4.. ear.e~ea wr a aaaY reeraa M ma -� .E.,raaw i4.rrr.6?4'aa a+naa9.. tir 'Si" �o w.Mti r•M--141-1— - •i c exr a. a+•a.gega was afloat e-rams,4..i al'e•awn aaraaaa a wataaM►a *a.waw..aa aaaw.+wa M.a4 a arm a r rr�r.rrr. -~ •� 4.as aa.rarar a r a�a a a aa...aeer,Me ail a erlvawa4 aMbM.►aranaa4. 9 - 4aaJ,. y a rY amp ala.�a kFaromama waa-a.daeawnrwrr b.p.arwe +..aaar,Na•rJ.W.aar +o��aaw.rarw awl as .Mr na4.aa.b.Swap.t.a an 4..r San It r.sore•Ina(.Fraa ma an area.r.+w s r � +aa aaa4.calaanr raawa eimma...- 4.r a r 4. r r e•� � a eta 44144.=Maw re. a ta a in Gam 402 Islasr o� a la raVwaa aim fa a.aa rawiVaaa.a- .• ' . �IJI/ _-_ raarwaP r�ft.a.t at r w�araa r..r rrt nap w4.w.a am. � _ • .. • art r'wa- . bInom pa Slant padae•a4r�raw.a 4..r a4w�.aar�t� 'Si,'..==�•.z a ate»te�d r rrn.�1q a p.4.OM r4.a4r. ..,,ti-�,•. F. ;lye 14 r •-apt ---_— ) 4.w typw� � maax flcmc scar=anoint atm _Mg. *en` __tant a 'r • a ' * "_ 4.e tar► ."�..�_3. L4yyf' •' ,ca .* aft a Int - -.-rte- - la .�... .�_..._.. .--- ------ ',r _lam p ' 42ASX a__--.... __�..1 i P71afC7'71r._.____,.-...__.._...� _�_ .. aril _� .• Pa ss et Pas Pal 5'. 111fLPAMf wd lama foss r.aa ..r••••:kr.fie!m asaSrfti�4.k4"O tam , +..,' yaM eb.ato.a.samara Mbar w raft i aa c wws wean sirwlta4 .aalwO.4.S 4afat ___ ____...--_4a`.a1.4s r r pot a w wb Ma gaa!la.aged - p .a tat PIM=4.p re 4.r Plead:w t1...r tea Kama t a_- Par c...r.ta WSW .. . .. wwa-11111 .,.) ;�. • 8 8 r 8 F _l ,I"....,.. _1 9 z a i' 3 � ; ' I . , I w J ! 1j at ir 1 . 1. : la jab = a k I �. • x • i c f ar r. ... ., _ - --- --.__.--� ,� :'nor tic .. _ - ._, JUL. 7. 2004 ' 1 40AM �, , - 0' N0. 447 P. 21/3 j o!. ..-4,......2 a-1 AGREEMENT , THIS AGREEMENT between THE GREELEY IRRIGATION COMPANY and LYONEL KINNISON is to define the road right of way held by the irrigation company running South of the No. 3 Di' as it crosses lands known as the Albert Kinni6on Farm which Ly Kinnison represents that he has authority to contract for on beha of his father, Albert J. Kinnison, who is the legal owner thereof s' The farm across which said right of way rims is located South of the Cache La noudre River asst crosses a portion of th , Southwest Quarter (SW+) of Section Thirty-three (33) and :he Sot east Quarter (SE<) of Section Thirty-two (32) in Tonnshil, Su: (6 ,: North, Range Sixty-six (66) West of the 6th P.I'. , Weld County, Colorado. ' Both parties recognize the Irrigation company's right of across the subject property and acknowledge that the loGa.,en of easel road right of way to the irrigation company's hoed gate way changed during the Spring of 1967 to run South of the house loci on the property at the request of Kinnison on behalf of his fathe and that theirrigatioa company rightfully installed cattle guard the entrance to the Kinnison property immediately adjacent to t driveway entering the farm yard and at the West end of the pro where it abntts property owned by the irrigation company. R i agreed by Kinnisot,that he shall not obstrrct said road right of by erecting gates or fences across the road right of way nor co: he or Me agents at any time obstruct the ditch rider from the i of said road. Any fencing which Kinnison deems necessary to the access of hia livestock vital' be accomplished solely by cat ,U � ' i ..JU'_. 7. 2004 1 ' 404 ' s' N0. 447 P. 22/31 '- _ m_ � • set 586 1507734 , I ,.. • . guards approved by the irrigation company s Board of Directors or the ditch rider for said company and any such cattle guards shall be installed solely at Kinniaon's expense, it being recognized that the change of location of the road right of way was for the sole bens- . fit and accommod.:tion of the land owner and shall in no way alter the historical right enjoyed for many years of the irrigation company i f to have access to their head gate across the Kinnison farm. E lay l Kinnison, in vidually and as agent for Albert Kinnison } s THE GREELEY IRRIGATION COMPANY , L 4 By: dL de.,./....4-Fatate-'02 President I ` ATTEST: {; 1 Ake C// Secretary 't " JUG. 1. 200 ' 11 40A _ �.... . •_ --L.-NO. 447 P. 23/31 . i . taratndUL. 14ffi9. d et.a3�?!at _ K._ a sue....R,�.,,,:BO118' ani4d5 .. . , ]SIImr{:A1I Men by that imams:Talc 7cl11;pNttat t:CNixwL urns[.;no[;6vi::L"".[.'�"•., , • • , � �" a oaporattaa sg.c[ad Mier the ties of Otuo,with lb pan• omw on pee'or e.anaras i,.n..".:y...'�'"' . • if.. Coaeb,7lmmItea end Suite of OMs,fee a rmfderaMen at ' • i' �r a�M..Lira..Hundix4.end.m/1A.C.;(tAi.5QG..CC DOLLARS f i ie iPd,Laehy lied ceovep tl ; [ . . kub41'L�.J...Nadd7Allt.ot1__ :� 1 of the dnmty as old - ,State of_:_COloratly�-,the feUawias real properr, • • i • Meted a the County o •mid. ,slid Street!Colorado,tart: II '- Tile South ,lalf ( of the Scothnaat Quarter (SA) of Section 1' • "'Z,''� t Thirty-thee (33); the Northeast Quarter of the Southeast Quarter • (NE} Ss}) of Section Thirty-two (32) std all that part of the following described land, flu Southeast Quarter (s4) of the know: Quarter (NS}) Section Thirty-two (32) std the Southwest quarter (sgicMk�) of the Northwest quarter (NR )) and the Northwest , Quarter (NN}) or the Southwest Quarter (sIf4)of Section Thirti. IG(n�15( three (33) lying South of the center at the atreaa of the Cache i5O.La ?cadre River, all in Townahip Six (6) North, Range Sixtyyii (66) 'Seat of vs Sixth Principal Meridian, aobject to roans and • _ ditches as they exist, and subject to coal -caervatinn in deed from the Union Pacific Railroad Company recorded in Hook 233, • Page 226, Weld County records, with aIJ water rights, particularly ,i- •l 25/48 of an undivided 1/6 interest in the williaa R. Jones Ditch, Qg ' • and water appropriations belonging to the sass, together with all . _ _ Ireservoir fights, ditch and water rights of every nature, however evidenced, end being the 'ate real estate conveyed to The Union Central Life Insurance Coupe:Ty by deed dated March 20, 1940, and recorded in Hook 1059, Page 129, of the Recerda of weld County, Colorado, subject to Right of Soy Contract to Rocky Mountain Pipe NiNIMIIIII Line Company dated January 13, 1943 and subject to any outetw$ifg . _ [a:neral rights which rae 7nion Central Life Insurance Cassany does - not own. ng, e,xapting and reeerving, ho*ever, unto The Union Central . Life Insurance Company, its auocoaeore and assigns, from all the above described lands, an undivided one-half of the all, gas and other hydrocarbons and minerals now or at say tins hereafter situ ste therein and thereunder, together with all easements rd rights ''' neoesenry or convenient for the pridtctbon, storage and transpor- tation thereof aM the exploration and taeting of the said real _ property w,d also the rirht to drill for, prormce std use water free the said maul eraperty SA cenreetiom with drilling or-pining apart- - Mons thereon • • .. IaR>�daaKl ' ..L .__lAc lMnA�tsaWtf�t l�fti7s.f • 1.. . /k �000 - -— - - ednravatlYarofar117e�d.Jw_t'"�`• . saNdt�gawR . . . . . . . . i t... \ t To Have and to Hold the line,S all hmvdlmewgm and t+w Ina theaume 't la 4 anywise sppertaiats,and the said TM UNION CENTRAL WE INSURANCE COMPANY doer haeby rat . i• with the said R:P.IZA.i.�r..M,s..11llS(d1R.R.CFtCi. 'i t that the amid Pamirs ate free and der from an feamhnoab by, Mn. through,sr under the told tpokr Awl E.+ ; . . Ube It will forever warren and deiced the Murry with the a,,. r ,unt6Ne s t . � , 'i) . �Ap- t,r _ —aahart.M..,Nnddleoren sWaag es whin ass a(era;inS�di q, ['.(... 1-. " Iran,throne,or Imam the manor l ten,ricer n al nallm.ider as as b»Ctaa a'rash 6t paean i r. " _•' 4 P ao.an lure,rest meta .-.*-rf;„.: character sow elan cm,over,tram or straw and had; the goons aria ad ars te'pep' rf�1 :: o � i . ,C ;V "•i,-.I .' ". ..: 7r. . - JUL. 7. 2004!1 1 : 41AM ^, NO. 447.I P. 24/31 r;,1 gr� th," stern Aga L+[" ?! 'wr� nsaw. ikrig..",• • �,,. • ..,_.' .. cam-..• - l; _ .A ii"::r cnu Iw. .�' ' ..ha TerasmcsX ware!, t e ea�+'af ai cs rd rsryxe lelRrA�..it•4 a' a 1 k,k :m Sraroe: al,la Pal:Orpls.MS Zr•at`wa1•t5G.. e'fCh ., lery d.._,....:. 5 rt /r _ .1 . 1a o .y r •I"a•d ' L 1t'aF�. -P. - D7 f,,...8. n!_Thcyar1 ^-, .: -•5 i.'3 ,y 0 SLATE or' }) COINIY OP F.A]III.TRY ]m' • De ¢s...1 2t-.t• dv w.. .42v,.. '.,isbG. ,eaao roe, ,ebrtsL.A3fsaeq:.EG7ak._,.__ • 15C be adr etr.?..'. _ '.d:1.,5,d 14#49—pr, 11 ' ....-79-44044------ n 7 _ -Jl }". i=�i=i r•-may �....�, e2.s �' .^f'F. _�.. 0. +'�'m' R¢w, of rpm trN 7AAL ION CEN• LIFE INSURANCE COMPA i $6n ,. t I Imo thq sagnal,telel cod u,,i4ael the te.ga rg iaXlcn[ffi _i Vie6-St wed Asfa:ne llavtcYMd tie time d•.l' .dam&te;c2t. and axed teal tia ...Z"tb &kr d Julia .�..IV Afi' • ' _F24,.-*� .O/.Y \ \ aL_. .1 i - '-` ` _ • aty Ptd[tr 59 YJ �"gfYY.S {a.•. .. - (R..I._C 1"]..."291 . } ; wv 6 0 . .` er - - . , n C..v. / ' , .. _ 333,,, /� _ i..� .._CIF r.=. h,•.. ,•w 6029,705 '. ,... �+3tq a*:7-.14:9 -44%;:. .Yi. lt' � ! Y=0= ^, c ,. 1 4. y; . . .� iI n .f6 r .3 gt �� pp� 'Ca g: .xf ��ryVn. M'f.'^ rrr?'R" '4., .^ .r .•t. ,� .�_` r±•r- ,...„....,..,i, .,,,,_,_.:_a__,., - a1r� L... t+ ` �. y.' r, r. — ....,,,..„.„1„, 1 ii.:.:., A w hT. T•t • .m1 ry a' at' v .�{;•r,�prfllt+'�+.y1'�. f2. '` 's_..£.. � n!^a..a� w..a. .. ...cv +:.. .s r_: -. yS._e JU 7. 20@4I1 ' 42AM NO 447 — P. 25_/0' •$ -. - fir*- '�' t e ^. � - - _. - .S. 4 .tea..ae i" S, x—/ + -. • i CONTRACT Aim A' "-' 1Y . 4. _-- _ 11 STATE OF OSLO ) -t'4 •. • _ a (t an OP HAMILTON) i. «'9,: "w uN _ • s , sue;;' wI THIS Cvwisucr AND AGrvaE ENT made be Tend :IW CENTRAL Yarn& ../.• ....ri;. �- ___._.. ... INSURANCE COMPANY as Grantor sad JERRY RICHES as Grantee shall be bending and of full force and affect W t:- pounce and thli . ---- - - C saccessors and assigns. '� �..__ • . a `�'♦., G. -. .: _ — o .WRERHAS, • . G anntor owns certain oil, gas and mineral rights, E • !ti o covering the-'herei.nafter described tract Of land, es follows, to-wit. • - - - A tract of Sang located in the South Hall (S 112) of the Soaiizwa�ac Quarter (SW 1/4) of Section i5t5=w a 1.3.)s •' :. . -- i` Township Six (6) North, Range Sizty-six (66) West of the C _ 4. 6th P.M., Weld County, Colorado, and being cote particn:arlj 4#5. 4r.ib4G SO follows: gi M:nom a; the .i9YLie-ees: teaasr Cr' said Section 33, and considering the South Um of the Southwest Quarter to bear Borth 89.35'02• West and with . all other hearing' contained herein relative thereto; . -- - -- - thence North 07°35'13" Mast along the centerline of tb •'�"`•.~- ex£sti:ds County Road, feet;•� 57C.35 hence North 18°53.22• East along the centerline of the existing County Road, 310.08 feet thence South 89°35'02' East 1,66+.39 fest; ` '•` =-` thence North 00°24'56' East 415 feet, thence South 8g°35'02': - _ '.' • : _: .East 785.38 feet, thence South 66°20.20' East 41.63 feet to a pcnut t...» v at • to Of the .,e atw,.rt tarter, thence South-01404403° West along the East line of the Southwest Qrs te? 1,28.65 feet to rte nth dZ?'ter Corner of said ' .1N1h1lf'S`M1= - r .. •` Section 33" theaCe h:o rQ Or 35.027 Wes` along t death . a_�rl line of the Southwest Quarter of said Section 33, 2°643.16 -- -- .��aee•!cehc'w feet to the point of beginning, including J O Acres 1st Piling. EXCEPT road described an follows: Beginning at r the Southwest cornet of said Section 33, and considering �-; - the South lie of said section to bear South 69°35°02° East,. - -- with all other bearings contained basin relative thereto: .. Thence North 07°335'13" East 60.47 feet, thence o'1th 89'35'?2* . _ .. East along a line aartllel to And 60 foot ea rftehnd et - • right angles to the South line of said Section 33, 1,016.29 .. -_ '• . ... feet; thence Forth 00°24'58' ;East, 200 feet, thence South . -••_^'�� '"'� 89°35'02* East, 1,622.27 feet, to a point on the East line -" of said Section 33; thence South 01°04'03' West along the . _ _ - East line of Said Section, 260.02 feet to the South Quarter'; . -- Corner of said SeetiOn 33; thence North 09°35'02' West Wane - .. the South line of said Section, 2,643.16 feet to the point - of beginning. EXCEPT staeaent as conveyed to the Rocky Mountain Pipe Line Company by virtue oI instrument rstorded':, Records. EXCEPT right _ o • r BOOR iv3•, Pate 76. `ha1^- County _.._ _r to Rucfr wu_ryi Pont *Awe c annab+ virtue of conveyance recorded in Book 1104 Page 571,Weld' County Records. Said tract contains 78.155 acres, more or - •- less. • allallS WHEREAS, said tract is currently owned by Jerry Higbee and '" +said C. at_ee ^desires assurance from said Orentor that greater_ nor its successors or assigns, will not conduct any operation. on, or - below, the surface of said 78.158 acre tract in the future which Mill • -__ C 1. L _re ...lei_.�I11 #4 • • . .. ` 4 . >�....r� -n .. . t _ • -J.L. 7. 20047' 1 : 42AM 7 _ --- NO 447 P. 26/31T t- -- fie!;...‘t:-..fr.-7-sit �.,r -, • lae WE 23243415 ,l' ''''"iiiii....... - • Operations rill harm, or endanger, the surface of said tract, the - .a� ., • - i>ploearinte now thereon Ind the improvements which fay hereafter °:.,.. . -_ -•he plated thereon, and will not harm or endanger the Use of the t :., • -. - ------ _ -�aurfaoe of said tract owned by Jerry Pan and containing 78.158 r =. -. . - _. • ._ "tens. WHEREAS, Grantor desires to aeeosedete said Grantee, his s. heirs, successors and assigns, by executing etch assurance. - • - NOW, TY5REPORS, Granter for and in consideration of the • premises and Fifty Dollars to Grantor in band paid by said Grantee' _ + . at and before the execution and delivery hereof, the receipt and s_ , sufficiency of which are acknowledged, covenants and agrees that - a - Grantor, its successors and assigns, will not use, occupy, paeans liaiii. or disturb an. part of the surface of the above described tract of - - -. land containing 78.158 toes, nor will it strip mine the sir, nor , will it undermine the rime so as to endanger the surface of the same, the improvements thereon or the use of the some, nor Nil f . It place, uas or operate ter flttures, equipment: buildings. r... ._ structures or machinery on the surface or said tract; provided, - - ';1 however, that nothing herein contained *hall be construed as waiving, releasing or relincuishing any rights of Grafftdr in and to the oil, • gas And other minerals in and under the above described treat Of ": � land, nor the right of Grantor to exploit, develop or produce such oil, gas and other minerals with wells drilled at ouch locations , _ -R� off the abate described tract including, but not limited to, direct- I % "'" > • lanai wells bottomed beneath such tract in such a manner as not to J_ - - interfere r!t! the surface use au ator said. z Signed, sealed and delivered this 2 tb day of screster 1968. _..rte.•.-,.,, Vin' ";tz unioNN cEaTy-` p`fit ag�uicc cc3wMx ii f _—i'3 r .Y..,- ..gyp By Va7.taF li. 9wPPa'� -�� Of, h1P a b4 the foregoing instrument was acknowledged before re this Sth y l'-"--' November , 1968, by MSter W •, ... p j h Attorney-In-Fact Ot The on Baner:a Life •n ranee _ n.•• Oy. - WITNESS my hand and official seal. ¢ y - - My commission expires Decemper 7. 1972 . . .. - PhyllisC.- 44144:1). u`CCU E wauART QALlC i or Halton QoentV; thio M.! 111111. i 11111 limilimilait - ; 2, • ., • _ . . �mr _ -. . �. -_._.- - - C Oa LANDSURVEYYPLAT 1a,2, ,rw 1 wn,nuwumoiwrr�o 1!1 x.rieti ��,a„;�,;,,,., Lot 7,J.H.Acres Fourth Filing and Part Of The Southwest Quartet Of Section 33,Township 6 North. ° a Range 66 Wcsr OEThe 6th PM., County Of Weld,State Of Colorado m+r - to ortastaaa f..q W .w.us. nru 'ee WTinm ' C3I C) ,:t �. !_. s�X, L:. ..»a � N,WWI *Erna c ~ S • •.w. ....—,....�..0._++.y.`.' m:.s'.'e. " 11' —_ a vim— ...:.v _ «yy� ` w.� �...m...,.". I.: v im N f1 ..0 rx .. ,......— —.Niel*:EGFND �' '� �� 1e .mgr. .w ....r � �. ra -X—F.ts u. NIi 3' ... I �. ....v.r... a TPo'" _ t / d it Mrihntrar. Ng, Pf 11 Or > o w /i^epeThswoons war , //( ' m.47.,,,,,.. Aff.47.:4-..... ;,. Watir '' . ti i , Wets dlii ___ ATT=314:9° I . : I: t LA, _ ass' ,- ,;• -.-p .3 Vii. - 1114"- .�s.�i - ..ter..____.. a•�-� _ Fir-w.E.; - �_ w • • -iii-- ! F "lre-' rl i► '+,� �l, L`''iiy� Ir,�.�L . ..:.. .. .YEY.."n`L.1`Sw.-Yl.�l"v+a9"`G ...-� I JJson iv N MM I � JUL. 7, 2004 11 : 434M Na 447 P. 28/31 1111111 IIII IIII 11111111 III 111111 111111 III 11111 1111 IIII 3136689 12/17/2003 04:04P Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk&Recorder RECORDER'S MEINA UM THIS DOCUMENT iN i ®UND TO RE INADEQUATE ,R AGREEMENT SCANNING PURPOS , This agreement is made November 14, 2003,by and between Jensen Quality Custom Homes, Inc. ("Jensen"), and Gilbert R.Boos("Boos"). BACKGROUND OF AGREEMENTS I The following background statements are made to aid in the tuderstanding and interpretation of this agreement: A. Jensen is the owner of the following described property: 1 Lot B Recorded Exemption 0805-33-3-RE88,Recorded November 9, 1973, :t Reception No. 1624506,Weld County Clerk&Recorder records("Jensen Properly"). B. Boos is the owner of the following described property: • Lot Seven(7), J.B. Acres Fourth Filing, a subdivision of a part of the South I4alf (S %z)of the Southwest Quarter(SW' )of Section Thirty-Three(33), Township Six(6)North, Range Sixty-Six(66)West of the Sixth(6' )P.M.,Weld Court* Colorado, according to the recorded map or plat thereof, and a parcel of land being described as "all that part of the South Half(S '/)of the Southwest Qaa (SW '/+)of Section Thirty-Three(33), Township Six(6)North,Range Sixty-Sic (66)West of the Sixth(6'I')P.M.,Weld County, Colorado, lying South of the County Road as now established"and being more particularly described as follows: Beginning at the Northwest Corner(NW Cor)of Lot Seven(7), J31 Acres Fourth Filing, and considering the North line of said Lot Seven(7)to bear South 89°35'02" East and with all other beatings contained herein relative thegeto; thence South 89°35'022"East along the North line of Lot Seven(7), 165.40 feet; thence North 29°35'02"West,222.96 feet to the centerline of the existing cottitty road;thence South 89°37'10"West, 73.92 feet;thence South 05°31'39"East, 193.10 fbet to the Point of Beginning("Boos Property"). C. A fence was constructed by Boos in approximately 1971 and was intended to be } placed on the property line that divides the Boos Property from the Jensen Prope*y.. The fence was not constructed on the surveyed property line as demonstrated on Exhibit A. Boos claims the property between the fence and his property line by adverse possession_ D. A dispute has now arisen between Jensen and Boos concerning the correct property line on dividing the Boos Property from the Jensen Property. E. A water well owned by Boos serving the Boos Property is located on the propett °line between the Jensen Property and the Boos Property. 1 4 JUL. 7. 2004 11 : 43AM NO. 447 P. 29/31 MINE! IIIII IIII IIIlll11 III 111111111111 III IIIII IIII IIII 8136689 12/17/2003 04:04P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder F. Boos has a potential purchaser of the Boos Property. G. The parties desire to resolve their differences and settle the property line dispute P�h' s pute ; between Jensen and Boos. NOW, THEREFORE,in consideration of the mutual promises of the parties,it is agreed follows: I: 1. Boundary Line Agreement. Jensen and Boos agree the correct boundary. line between them is shown on Exhibit A. 2. Fence. Jensen hereby grants Boos and easement for the fence and all prop between the fence and the property line to repair, replace,construct, and +. reconstruct the fence until Jensen,at Jensen's cost, moves the fence to the correct boundary line.If moved,the new fence shall be of similar quality and construction to the fence existing as of the date of this Agreement. If Jensen moves the entire fence,the easement granted by this paragraph only shall forever terminate. 3. Well. Jensen and Boos agree the well, as shown on Exhibit A,belongs to and is the property of Boos. To the extent the well encroaches on the Jensen Property, an easement is hereby granted by Jensen to Boos for the well, including the operation, repair, construction, and reconstruction of such wall.. If Boos redrills the well, it shall be redrilled completely on the Boos Property and not in its existing location on Jensen Property. 4. Confirming Deeds. The parties agree to exchange quit claim deeds recognizing ownership to the property line as shown on Exhibit A subject Only to the terms and conditions set forth in this agreement. 5. Binding Effect. This agreement and the easements provided herein are intended to run with the land and be binding upon the purchasers and assigns of each property. 6. Miscellaneous. a. In the event of dispute between the parties that results in litigation ort arbitration,the prevailing party shall be entitled to his attorney fees'and costs from the non-prevailing party. b. This agreement is governed by the laws of the State of Colorado. c. This agreement sets forth the entire understanding and agreement of i to parties and may not be amended except in writing executed by all parties. 2 JUL. 7. 2004 11 : 44AM N0. 447 P, 30/31 I IIIIII dill IIII IIIIIIII III 11111111111 III11111 IIII IIII , 3136689 12117/2003 04:04P Weld County, CO 1 1' 3 of 4 R 21.00 0 0.00 Steve Moreno Clerk&Recorder d. This agreement shall inure to the benefit of and be binding upon the` parties hereto,their respective heirs,personal representatives, su —.4,0 and assigns. 1'r Executed on the day and year first above written. Jensen Quality Custom Homes,Inc. ,lam- s r " M.l' i : t-, 4 f Gilbert R. Boos ;. STATE OF COLORADO ) )SS COUNTY OF WELD ) Ac .owigd_,.. before me, a Notary Public,November 14 . 2003,by Jay Jensen, of Jensen Quality Custom Homes, Inc. y Cn li rS-K ,, O 7-40077-4007NotaryPu c MARY STA '`c•;.-,�: =a II e ) )SS COUNTY OF WELD ) Acknowledged before me, a Notary Public, November /44, 2003,by Gilbert R. Boos. -ZpHY,PIIB`4, Notary ]ic .f •.“!junior. : 'I;Tres: pt-s•--A007 % 3 MARY ANN K. i f tai 0 k SMITH /tip f i 9J .. .. `Q-- • lr . - p . .. A...•..R -u..v.N�' av:¢«.:i.n.,,rS.:a5'r`riau2'0..rw`{J:R..a.r��r� T_ �.`SVK.::«:.+�Lulf...-#YaJ.�r�Y.�mhlc'i:S:w:..T''.Ic`�i 4'r.'a'tTY...T ..,LILY..!^':,n.�.i:..n31�Nr 1Pn`AiJir./.eru_ 4.- '.�k.e.:.t;tiaw..::'sv-....w.e I 13 7- \s; . 1 i a NOM y .dtis-x ,DL --_re--x--•—�"�'M.W�tO.40N-'-7 ". 84 -. r. 3 t - �-. T '^ — x.794.1 a.,aoo.op'' Ar•yA e :- { n 14ag v I%11% 1 N m r _. J u, P to bi, V. gy Sg , oar.n N ii I 8 e 8 gjNik Y $ fill. 2 C El N / 7 l 1 F 4 0'0 I - / ..4E I ti 04, / . (cat • if, / 111111 MI till Hill IEEE 1(111111111111(1111111 3136689 12/1712003 04:04? Wald County, CO - 4 of 4 R 21.00 D 0.00 Slows Moreno Clerk& Recorder (it a DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO July 19, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RS-1064 There will be a Utility Board Hearing before the Weld County Utility Board on Thursday, September 9, 2004, at 10:00am in the Conference Room, 918 10`" Street, Greeley, Colorado concerning the request of: NAME: Jason &Julie Roth c/o Robert Thomas REQUEST: Redesign of JB Acres LEGAL DESCRIPTION: Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/2 mile north of C Street and approximately'A mile west of CR 59. For a more precise location, see legal. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER Surface Owners SILVA AGENS 610 N 71 AVE 502 N 66 AVE GREELEY CO 80631 GREELEY CO 80634 MINERAL BLIETZ 760 N 71 AVE UNION PACIFIC RR GREELEY CO 80631 1800 FARNAM STREET OMAHA, NE 68102 BUTLER 410 N 66 AVE UNION CENTRAL LIFE GREELEY CO 80634 PO BOX 40888 CINCINNATI, OHIO 45240-0888 CARTER 638 N 71 AVE PAN AMERICAN PETROLEUM GREELEY CO 80631 200 EAST RANDOLPH DRIVE CHICAGO, IL 60601 DAVIES 592 N 66 AVE GREELEY CO 80634 CERTIFICATE OF MAILING DAVIS I hereby certify that I have placed a true and 2730 BUENA VISTA DR correct copy of the surrounding property owners GREELEY CO 80631 and owners and lessees of minerals in accordance with the notification requirements of Weld County DOVER in Case Number RS-1064in the United States Mail, 510 N 67 AVE postage prepaid First Class Mail by letter as GREELEY CO 80634 addressed on the attached list this 21ST day of JULY, 2004. EITEL 501 N 66 AVE GREELEY CO 80634 GARCIA Uti2Stiat L 512 N 66 AVE GREELEY CO 80634 Voneen Macklin GHAFFARVANDLALEH PO BOX 337132 GREELEY CO 80633 JENSEN HOMES 7049 W C ST GREELEY CO 80634 MARTIN 515 N 67 AVE GREELEY CO 80631 MEEK 500 N 67 AVE GREELEY CO 80634 ROTHE 596 N 66 AVE GREELEY CO 80634 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100,AX (9(9 E04-6498 rs 70)304-6498 � , �� - 1555 N. 17TH AVENUE GREELEY, COLORADO 80631"ligeCOLORADO July 19, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS - CASE NUMBER: RS-1064 There will be a Utility Board Hearing before the Weld County Utility Board on Thursday, September 9, 2004, at 10:00am in the Conference Room, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Jason & Julie Roth do Robert Thomas REQUEST: Redesign of JB Acre LEGAL DESCRIPTION: Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/2 mile north of C Street and approximately 1/2 mile west of CR 59. For a more precise location, see legal. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. &V— it — :try --iLC -e-c. y)--ec Lc_ A' c. • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Lars t - 7 773 AaPZs Pcvtrw P ii../LJG 4- AC'£L 7)EsCPtzar) Jed -kSE?TIOD or). 157O.sla7, UiE.t.b QOUDTY/ Cd 0 8 0S 3 3 - 3- o a, - O / o Parcel NumberQ_a__as_-y 3_-j- D -1212 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additioml space is!squired,attach an addtionel sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld Cou my Assessor of the owners'of property(the surface estate)within five hund red(500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task,and shal be current as of a date no m ore than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. �t/JJ�.07r20,r 1 Title: (/ The foregoing ilstrument was subscribed and sworn to me this 9 day of , _ WITNESS my hand and official seal. My Commission Expires: revs jt)r" Notary Pu blic -6- http://maps.merrick.com -AFFIDVIT OF INTERESTED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 080533302010 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. /� ,( Qd1r-710.._ ILeR 72':>2c/ Signature Date Property Owners Within S00 ft. of Parcel# 080533302010 NAME MAILING ADDRESS PARCEL IDENTIFICATION 502 N66 AV AGENS DONALD R& PAMALEE 080533301003 GREELEY,CO 80634 760 N 71 AVE BLIETZ MARY JANE 080533300025 GREELEY,CO 80631 410 N 66 AVE BUTLER JAN S &BARBARA M 080533301004 GREELEY,CO 80634 638 N 71 AVE CARTER DOUGLAS B 080533300005 GREELEY,CO 80634 638 N 71ST AVE CARTER DOUGLAS B & SUSAN 080533300026 GREELEY,CO 80634 592 N 66 AVE DAVIES GARY& JANNETTE 080533301007 GREELEY,CO 80634 2730 BUENA VISTA DAVIS WINDON H& BETSY L DR 080533000089 GREELEY,CO 80631 510N 67 AVE DOVER JEANIE 080533302001 GREELEY,CO 80634 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080533302010&Parl... 6/21/2004 http://maps.merrick.com -AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 501 N 66 AVE EITEL RODNEY L&LAUREN J 080533302007 GREELEY,CO 80634 512 N 66TH AVE GARCIA ALBERT JOHN&MARJORIE E 080533301002 GREELEY,CO 80631 PO BOX 337132 GHAFFARVANDLALEH NADER 080533000090 GREELEY,CO 80633 PO BOX 337132 GHAFFARVANDLALEH NADER 080533000091 GREELEY,CO 80633 JENSEN QUALITY CUSTON HOMES 7049 W C ST INC 080533300009 GREELEY,CO 80634 515 N 66 AV MARTIN ROBERT P 080533302008 GREELEY,CO 80631 500 N 67TH AVE MEEK JESSE O &KATHRYN J 080533302002 GREELEY,CO 80634 596 N 66 AVE ROTHE JASON A 080533302009 GREELEY,CO 80634 415 N 66 AVE RUTLEDGE JOHN L& 080533302006 GREELEY,CO 80634 610N 71 AV SILVA ISABEL& GLORIA 080533300004 GREELEY,CO 80634 915 10 ST WEI D COUNTY 080533000088 GREELEY,C0 80631 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080533302010&Parl... 6/21/2004 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: ,t ITT 5 li ,- „be ,4Lt.QES, rOUt739 F1 LJLna-PAP 'z/ `-nF5n.Pi F.r ) i7/2. /5474,5/eI aFt _t7 a/1/MJTY,/'A tit 3 3p- 3- o a. - O / O Parcel Number j:2_ - -3-- - p 07. - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,if additional space is required,attach an addtional sheet) STATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED,being first duly sworn, states that to the best of his or her knowledge, the attached 1st is a true and accurate list of the names and addresses of al mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task,and shall be current as of a date more than thirty (30)days prior to the date the applcation is submitted to the Department of Planning Services. Nobs:Mineral Notification's in addition to that required by C.R.S. 24-65.5-102 through 104. c-2-np 1 Title: The foregoing instrument was subscribed and sworn to me this Cf day of —� x_Ly , Zts--Y- . WITNESS my hand and official seal. My Commission Expires: v. 1Z,Ori Notary Public Mineral Rights Lots 6& 7, JB Acres, Fourth Filing &Parcel Described in Reception No. 1570567, Weld County, Colorado Union Pacific Railroad Company 1800 Farnam Street Omaha, Nebraska 68102 Union Central Life Insurance Company P.O. Box 40888 Cincinnati, Ohio 45240-0888 Pan American Petroleum Corporation 200 East Randolph Drive Chicago, IL 60601 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, January 10, 2008 at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Alan Overton, Doug Melby, Robert Fleck, Rodney Gies, Don Somer, and Dave Snyder Members Absent: Lyle Sheeder, Don Magnuson and Al Trujillo. Also Present: Jacqueline Hatch, Roger Caruso, Kim Ogle, Department of Planning Services, and Kris Ranslem, Secretary. Robert Fleck moved to approve the April 12, 2007 and December 13, 2007 minutes, seconded by Dave Snyder. Motion carried. 1. CASE NUMBER: RS-1064 APPLICANT: Jason&Julie Roth PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lots 6&7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W of the 6th P.M.,Weld County, Colorado. REQUEST: Redesign of JB Acres. LOCATION: Approximately IA mile north of C Street and approximately''/ mile west of CR 59. Jacqueline Hatch, Department of Planning Services, stated that Jason and Julie Roth are asking for a re- consideration of their utility easement within their approved re-subdivision for a lot line adjustment in JB Acres Subdivision. The lot line revisions include Lot 6 and 7 of JB Acres, located approximately 1/2 mile north of C Street and approximately''/ mile west of County Road 31. The lot line revision is to change the acreages between the existing Lot 6 and Lot 7 while also including a parcel of land located to the north of Lot 7. Lot 6 is currently approximately 2.36 acres and will be increased to be a total of approximately 3.68 acres. Lot 7 is currently approximately 3.19 acres and will decrease to be a total of approximately 1.79 acres. Currently the utility easement for Lot 6 dissects the property on the northern edge. The applicant is requesting that the utility easement follow the property line. Ms. Hatch commented that typically we show a 20 foot easement around the perimeter of the property. If you look at the aerial photo, his neighbor has built a barn in the far back of the triangle area and the applicant would like to back his barn up to that so that they are backed up next to each other. She added that therefore he would like to not have a 20' utility easement there, but rather have a 10' or smaller easement on that one side so that he could get his barn in that area. The Department of Planning Services has determined that a corrected plat would need to be submitted delineating the new utility line easements. Ms. Hatch indicated that staff has no issue granting a 20 foot easement around the perimeter and then a 10' easement on the far west side. Ms. Hatch mentioned that where the line runs across right now, it is at the top of a ridge and then it drops off. She added that right after that ridge where the existing utility line is, it does a severe drop down to the river. Robert Fleck asked if the standard is 15 feet around the property edges. Ms. Hatch replied that the standard is 20 feet. Robert Fleck asked about the drainage easement. Ms. Hatch replied that there currently is not one there. She added that the lot to the west of Lot 7 does not have a utility easement on it because it is not part of a subdivision. Ms. Hatch wanted to clarify that when it comes to setbacks of a building, in the Agricultural Zoned District it is 1 foot for every 3 feet of building height. Therefore the height of his building will determine how close he can get to that line. Ms. Hatch added that if we put a utility easement of 10', 15', or 20', he is not going to be able to build in that spot. C r�mu &Z 30/9 /A .9— 02C/ AX D023 Alan asked if this lot is zoned Agricultural. Ms. Hatch stated that it is zoned Agricultural. Rodney asked if the City of Greeley has reviewed this and if they had any comment. Ms. Hatch replied that they have not because this is not an application that came through. Mr. & Mrs. Roth came through with this application in 2004 for the redesign of these two lots and at that time the City of Greeley reviewed it and had no concerns. The only reason that it is before the Utility Board again is to request to move the utility easement, therefore we are not holding a full hearing and sending out referrals, etc. Alan asked if there were any drainage plans to the north and wanted to make sure that the City of Greeley didn't have any concerns with changing it. Mr. Roth commented that right now it runs east/west across the back of the property and there is no way for this easement to access north of us. He added that by doing this it would tie into that existing road. Mr. Roth would rather not have it run through the middle of his property so that he can place a building there. Alan commented that going around would make sense, however he is concerned with the variance of the 20 feet on the edge when there is no additional easement to the west. Robert agreed. Robert moved to grant the change of easement but keep the 20 foot easement on the west side since there is no room on the other side of the property, seconded by Alan. Motion carried. 2. CASE NUMBER: PF-1050 APPLICANT: P&A Turkey Farms, Inc. PLANNER: Roger Caruso LEGAL DESCRIPTION: Part of the NE4 of Section 36,T5N, R65W of the 6`" P.M.,Weld County, Colorado. REQUEST: Planned Unit Development Final Plat for nine(9)lots with(E) Estate Uses (126.19 acres)and one(1)common open space outlot(6.71 acres) and two(2) agricultural outlots(101.11 acres). LOCATION: South of and adjacent to CR 52 and West of and adjacent to CR 49. Roger Caruso, Department of Planning Services, presented Case PF-1050. Mr. Caruso stated that the PUD will be hereinafter referred to as Ridgeview Estates. Mr. Caruso stated that a detention pond is located in an area designated as open space. He added that two (2)fire hydrants will be installed, one at Lot 1 Block 2 and another one located near Lot 3 Block 2. The proposed PUD will be serviced by: Central Weld County Water District Individual Septic Disposal Systems Gas =Atmos Energy Electric = Poudre Valley REA Phone = Qwest The Department of Planning Services is recommending that the applicant provides utility easement in compliance with Section 24-7-60 and 27-9-40 of the Weld County Code. Todd Hodges introduced himself and Mimi Somermeyer. Mr. Hodges mentioned that the utility easements are a little different on this case. He stated that they did not do an overall 20 foot utility easement on the entire boundary because of the perpetuity conservation easement and thought that could be dealt with at a later date, if necessary. He added that the rest of the property has been put into a conservation easement which is never to be developed. The internal lot lines do not have the standard 10 feet on each side; however that is something that can be added. The 20 foot utility easement is included on the internal perimeter except for one location that could also be bumped up which is on the west side of Ridgeview Lane on Lot 1 and is at 10 feet at this point. Mr. Hodges commented that it predominantly meets the criteria unless the board desires to add the other easements. He added that this case has been sleeping for 3 years and now it is back on the books. Dave asked how the ditch access road is taken care of in outlot A. Mr. Hodges replied that it will remain because it is part of the agreement with the ditch company and further added that it is his understanding • that that road is not being impacted. Dave mentioned that he visited the site yesterday and it appeared that it was farmed all the way up to the fence line of the ditch. Mr. Hodges said that it has historically been with a pivot. He added that they are going to preserve that and indicated that it is an existing access for the Ag which they want to maintain as well. Dave asked if it was possible to put an access easement across there for the ditch. Mr. Hodges replied that he could show that on the plat. Alan asked about the Ditch Company's easement on the other property. Mr. Hodges replied that the true maintained road is on the other side of the ditch. The through road that they use is off of this property. Alan asked which way the property is sloping. Mr. Hodges indicated that it is sloping toward the ditch. Robert asked where the Ditch Company does their maintenance. Mr. Hodges replied that it is on the other side. He added that with this property the way to get to the other side of the ditch is through a crossing agreement with the Ditch Company. Mr. Caruso added that in regard to putting the 20 foot easement on there, FRICO responded with their referral that they need more information; therefore if we put 20 feet on there it may not be accurate. He added that it can be addressed through the final plat. Mr. Hodges said that they will work with the Department of Planning on that and recalled that in one of their last letters they stated a minimum of 20 feet, however they can address that at final plat. Robert stated that he doesn't know if he's ready to give up the board's policy of requiring the 10 foot easement on the internal lot lines. Alan agreed. Dave asked if there is any need for a blanket drainage easement for the pond. Mr. Hodges replied that on the perimeters they have both drainage and utility easements and that is something that they can follow up on through the Department of Public Works. Mr. Hodges indicated that he isn't aware of any blanket easement. After referring to the map, Mr. Hodges commented that it appears to have delineated a blanket easement. Alan referred to the fire hydrant along County Road 52 and asked if there is a reason why it's located where it is. Ms. Somermeyer replied that it is at the end of the water line. Alan said that he understood, but asked why the end of the water line is at that location in the CIG easement. Mr. Hodges commented that he would need to talk to Mary Wohnrade as she is the one who negotiated that. Mr. Overton commented that without knowing where the gas line location is and you get a water line that stubs up to it, you could have future problems with that. He suggested stopping short of the CIG easement or not have the hydrant in the CIG easement. Mr. Hodges stated that they have been working with the engineers from CIG to make sure that those lines are coordinated. Mr. Hodges said that they can check on that. Alan referred to the water ties on County Road 49 and asked if the water line is on the edge of the road as it is indicated on his map. Mr. Somermeyer replied that she had contacted Central Weld County Water and that is how she got the location. Alan commented that if it is on the edge of the road then he isn't sure if they are going to be able to do a bore and a wet tap which would then mean that County Road 49 would have to be opened up. He added that with County Road 49 being a very busy road, it would have to be addressed with the Department of Public Works. Mr. Hodges commented that the Water District now wants to put in an 18 inch water line in along County Road 49. Alan asked if that is going to go in the easement then. Mr. Hodges replied that it is to be determined by the Water District. Mr. Caruso commented that staff would recommend that this case be continued so that these questions could be answered. Mr. Hodges summarized what items they need to have answered: 1)water line connection, 2) hydrant location within the CIG, and 3) if there is potential for drainage easement on the entire open space. Rodney asked Mr. Hodges if he had addressed the new easement around the new road. Mr. Hodges stated that on the plat there is a 15 foot perimeter. Rodney asked to include that on the map and also the 10 foot internal lot line easements. Mr. Hodges asked if they wish to keep it open for discussion on the 20 • • foot easement perimeter for the rest of the property. Robert commented that he would like to see everything included, the board agreed. Mr. Hodges stated that they would submit a revised plat for the board to review prior to the next Utility Board meeting on February 14, 2008. Meeting adjourned at 10:31 a.m. Respectfully submitted, Kristine Ranslem Secretary 4*� MEMORANDUM IICTO: Utility Board Members COLORADO DATE: December 18, 2007 FROM: Jacqueline Hatch SUBJECT: RS-1064 reconsideration Mr. and Mrs. Rothe are requesting to return the Utility Board to discuss the easements as approved on RS-1064. The Rothe's are asking that the utility easement for Lot 6 which currently dissects the property on the northern edge be relocated to follow the property line. IIIIPoNNINNNNIIMNNIIMIIHIIINIMNI RS-1O64 RESUBDIVISION OF LOTS 6 AND 7,J B ACRES,FOURTH FILING sm ,,,,,,...e„ AND PARCEL DESCRIBED IN RECEPTION NO. � ��" 1570567,WELD COUNTY,COLORADO ALL IN THE SOUTH 112 OF SOUTHWEST 114,SECTION 33,TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M.COUNTY OF WELD,STATE OF COLORADO CERTIFICATE OF DEDICATION,OWNERSHIP,AND MAINTENANCE: • II _-- - xx.,mo vnnsee Fv •eaumw wm.cowc.mxeena .axem�v«wo•sc..,..s,EET wmx..w wrcurEoms two,„dedu/ .mwa4..ew LEGEND ▪ �,...m:. .u.. v LOT OWNER • ...�aaaearo�� .. __. - \ 1.66 ACRES H. 4' 'K WI WE,ESI >mnmsmr ,ew.,.. ,..., .� � ,.,. rt7. ,:,a. .N.'.. uEr u.en ee LOT 1.79 ACRES H. • ...Ea w I # UTILITY APPROVALS ww..„„.,...E: j.40,, �� s6 a4 "' APPROVES BY rcn v. (H.,..-,w' ol.�o ea .n.rawxuoun.vamDr �, (7 �Yacm j „arm - .Rea �'< 88 • VICINITY MAP SURVEYING CERTIFICATE ,,a. l 4 //L'' a,., �..uma ....u,..a. CERTIFICATE OF APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS:ME TMINC TONAFCEaT ONCE ROADS • NOTES: .�,.a.. .=a .� o.,, ..,Enu w...a<,,.,wo.n.reana..�Ews..e�...nm...1ZWkY l41KS- -------------- t ro.,c...,. f �� i.hw� Ha_ E I x � w,o „,,.„a„�. s' Hello