The URL can be used to link to this page

Browse Search

Home My WebLink About20040902.tiff Feb-24-04 08: 28A Team Engineering Inc . 970 282 1790 P . 01 Jeffrey VV. Couch, P.E. F *y W ?, 3468 Shallow Pond Drive r_. Fort Collins, CO 80528 „a P (970) 231-9937 (970)282-1790 FAX Fax !�t4 6444 G lgllf To: cl k NJ� e& `f k9�y ryniuU _ Fro k as Jtff Calc g Fax: 7O 3c7 d y9Y -Pages: _..— Phan.: iva - 356- V/cc J 3SYD °am 2-2'(- or Re: Blac4 //el%L E-i k CC: C144//6 fl rse/ic r Urgent *For Review 0 Please Continent O Please Reply ❑Please Recycle e Comments: I�uP is fr tt RFD Fafi,Jy Pwi.1t/sl,,1 LC/' fJallj fa mlrleta( n01"f kdhP, lar 11 fa( lkicik, Fsffaks. ✓13y 14 vwy s lce 11-' /5 a Black !jt 4) 11( r eel/y we will iv Chcicsi fig Paa' fa /mute lbfl se Fsla7 J . .r (ieckei will 144 Cf FM /WI files a4 AO /low? Jed nal offig -k cd.; hQf u r { oItrr suA/Iva14ti . �� Loll' Fs/Ltd 7 a SAP r i 11 J f 11 /ce cm/ F[/'e DO I TL'r (( (o u O+ Jr f yci -7 EXHIINT 2004-0902 Feb-24-04 08: 28A Team Engineering Inc. 970 282 1790 P _02 Oki4 1 7)pF COlON A. STATE * 8M=' • RADO DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE RFD FAMILY PARTNERSHIP, LLLP (COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP) FILE # 20001065574 WAS FILED IN THIS OFFICE ON March 30, 2000 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: March 30, 2000 • Ad L/� SECRETARY OF STATE 1 \ — — Feb-24-04 08: 28A Team Engineering Inc . 970 282 1790 P _ 03 MM LUU� '1 .... .... f.awl Flu!' ,thvittrier4 CERTIFICATE OF LIMITED PARTNERSmPrntnt„',, cat -ror Er OF RFD FAMILY PARTNERSHIP,LLLP 20001065574 in $ 65.00 SECRETARY OF STATE Pursuant to provisions of the Colorado Uniform Limited ParliariGkp2Mila ofiil W 49 the undersigned certifies as follows: 113 °(�' 1. Name. The name of the registered limited liability limited partnership is the RFD Family Pptnership, LLLP (`Partnership"). 2. Registered Agent_ The name and address of the registered agent for the service of process upon the Partnership is: Dennis E. Drake 11567 Highway 14 Ault, CO 80610 3. Partners. There arc at least two partners in the Partnership,at least one of whom is a limited partner. The names and mailing addresses of the general partners are: Name Address Dennis E.Drake 11567 Highway 14 Ault,Colorado 80610 Cynthia C. Sidwell 27701 WCR 66 Gill, Colorado 80624 The execution of this instrument by the general partners constitutes the affirmation of the general partners,under penalty of perjury,that the facts herein stated are true. aIN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 24- day of March, 2000. .L �. f, 49- Dennis E. Drake, General Partner ynthia C. Sidwell, General Partner Feb-24-04 08: 29A Team Engineering Inc. 970 282 1790 P .04 b' CU� Mall to: Secretary of State For office use only 051 Corporations Section please include a typed 1560 Broadway, Suite 200 If-addressed envelope Denver, CO 80202 (303) 894-2251 nu., c_:, MUST BE TYPED Fax (303) 894-2242 Doi.Er!'•7A V1"scN O McitEitay of 37A� FILING FEE: $50.00SUBMIT TWO COPIES 01065573 8 A5.till REGISTRATION STATEMENT FOR REGISTRATIOUPWARY OF STATE REGISTERED LIMITED LIABILITY PARTNERSHI A2000 14:10:49 REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP Pursuant to section 7-60-144, Colorado Revised Statutes, the undersigned partnership` has approved this registration statement in the manner provided in its partnership agreement or, if not so provided, such statement has been approved by all of its general partners as follows: The name of the partnership is RFD Family Partnership. LLLP If different, the name which it proposes to register, or, if foreign, the name which it proposes to transact business in Colorado is The jurisdiction of its formation (if other than Colorado) is ie street address of its principal office is 11567 Hiahwav 14, Ault. Colorado. 80610 If the principal office of a general partnership or a foreign limited liability partnership is not in Colorado, the name and street address of its Colorado registered agent for service of process on such general or foreign partnership is: Last name of an individual or full name of an entity First and middle name of an individual Street address of registered agent named above RFD FAMILY PARTNERSHIP. LLLP Name off partnership Signature S Dennis E. Drake, General Partner As used in this statement, partnership refers to a general partnership or a limited partnership formed in Colorado or a foreign limited liability partnership or limited liability limited partnership formed and registered in a jurisdiction other than Colorado. If formed in Colorado, a limited partnership must first or simultaneously_file a Certificate of Limited Partnership, and if formed elsewhere, it must also file an Application for Registration as a foreign limited partnership with the Colorado Secretary of State. TRANSMITTAL TEAM ENGINEERING JO Couch,RE. 3468 Shallow Pond Drive Fort Collins,Colorado 80528 (970)231-9937 Attn: togg (wt fiage l Date: z-1-6,Y /'Itch eke q Project Title: Clack 1 f� A'1 w s The following Items are: ( v ) Requested ( ) Enclosed #Copies Description fl n f�> f wr G!tc4 ri et- it en41 gad � ,c Item.Submitted (7) For Your Review (7() For Your Action ( ) For Your Flies col ) At Your Request (Y ) For Your Mfonnation (V) For Your Approval Remarks: ni;k.e[ke : /erne is /h1 h fur Black l4llow. .l toll IAA( a 4am,( d07 Fr yc'a ii;a117 jy , Ay lack tiit Lq c, slit/MAel 5,✓ moil 6 is tiers ? 7144u,ki !l EXHIBIT I A of EASEMENT AND AGREEMENT This Easement and Agreement is between the Water Supply and Storage Company, a Colorado mutual ditch company whose current office is located at 2319 East Mulberry, Fort Collins, Colorado ("Ditch Company") and CHARLES L. MESERLIAN with a current address of 2324 PLAINS CT. FT COLLINS. CO 80521 ("Landowner"), and is upon the following terms: 1. Landowner represents that it is the owner of all of the property known as the Black Hollow Estates, the legal description of which is attached hereto as Exhibit A (the "Subdivision"). Ditch Company owns or operates a ditch, known as the Larimer County Canal (the "ditch" or the "Larimer County Canal"). The ditch runs along or near the west boundary line of the Subdivision, as approximately shown on Exhibit A..4There exists a roadway on the east side of the ditch. The road varies in width. The road, along its course, does not run precisely parallel to the ditch. Rather, the road (along its course through the Subdivision) is located at different distances from the ditch. This road is known as the "ditch bank road", the "ditch maintenance road", or the "road". 2. Landowner desires to obtain approval of the Ditch Company for certain matters 'required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by confirmation of the existing easement in writing and by the granting of its approval through the terms and conditions of this Easement and Agreement. Therefore the parties acknowledge that valuable consideration exists for this Easement and Agreement among the parties. 3. It is agreed that the Ditch Company has an easement for the ditch, its appurtenant facilities including the road, and the land between the ditch and the road. Landowner recognizes and confirms said ownership of ditch company. 4. Landowner hereby grants and confirms to the Ditch Company an exclusive easement for the ditch, and its appurtenant facilities, including the road, together with rights of ingress and egress for Ditch Company purposes over any part of the easement, which includes the road. The easement extends from Weld County Road 84 on the north and extends in a southemly direction along and near the entire length of the west property line of the Subdivision. The width of the -- easement includes that portion of the ditch within the Subdivision and extends in a mostly easterly direction to the ditch bank road and continues mostly easterly either a minimum of 30 feet (30') from the top of the inside edge of the east ditch bank or to the outside (or eastern) edge of the existing ditch maintenance road, 1 37 I,�P � (� _ which ever is greater. Additionally, all headgates and measuring weirs which are currently located outside of the aforementioned easement are included within the easement. The easement shall be shown on the plat of the Subdivision. The easement is for the maintenance, operation, use, repair, reconstruction, replacement, inspection, construction of the ditch and ditch system of the Ditch Company, and any practice that may be required in the future to operate the ditch and ditch system for the benefit of it's stockholders, together with its appurtenant facilities and includes the right to clean by mechanical, chemical or burning the ditch and ditch system, the right to deposit earth and other materials on the easement, and the right to change the location of the ditch within the easement. 5. Landowner grants to the Ditch Company the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, grasses, structures, fences or other items within the easement or causing a hazard within the easement. Landowner will not plant, place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall they plant, place or maintain any trees, shrubs, grasses, structures, fences or other items in such a manner as to cause harm or impede the operations of the Ditch Company within the easement. 6. Landowner represents and warrants that Landowner is, on the date of execution of this Easement and Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lien holders by signature on this Easement and Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lien holders shall cause Landowner to be in default under this Easement and Agreement. 7. All earthmoving or other activities on the property undertaken by Landowner will not expose underground water to the surface or cause to increase the seepage from the ditch. 8. Landowner, and Landowner's successors and assigns, will not cause, permit or suffer any hazardous material, pollutant or other foreign material to be deposited or discharged into the Ditch Company's ditch, or the water carried in the ditch. The Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of any potential or actual such deposit or discharge by any person. 9. Landowner, and Landowner's successors and assigns, hereby specifically waive all known or unknown claims, damages, rights of indemnity, rights of contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement, including, but not limited to: seepage from the ditch; flooding due to overflow or breach of the Ditch Company's ditch ; washing or erosion of the ditch bank; cleaning of the ditch and easement by burning or chemical means; and excavation of the ditch and storage of residue. Landowner, and Landowner's successors and assigns, hereby agree to indemnify the Ditch Company, its directors, officers, employees and stockholders against any loss from any claims, demands or actions 2�� itt that may hereafter be brought against any of them as a consequence of this Easement and Agreement or concerning any of the provisions of this Easement and Agreement. 10. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Easement and Agreement or otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. Venue for all actions shall be in Weld County District Court. 11. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 12. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch Company, and each of them. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners.This Easement and Agreement affects the property and title of the Subdivision, and this Easement and Agreement shall be immediately recorded in the real property records of Weld County, Colorado at the expense of Landowner, and after recording, the terms, conditions and covenants of this Easement and Agreement shall become a covenant running with the land of the Subdivision. This Easement and Agreement shall constitute a benefit and burden on the Subdivision and this Easement and Agreement shall be enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of its shareholders. 13. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Easement and Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. This Easement and Agreement shall be construed under the laws of the State of Colorado. 14. Landowner (and Landowner's successors and assigns) agrees to the following, and the following notes shall be inserted by the Landowner onto the Subdivision plat: A. The property is directly below the Larimer County Canal of the Water Supply and Storage Company and maybe subject to underground water levels that may restrict the proposed new use of the property. 3 � ` 1/1 B. The Ditch Company has the authority to cut and remove trees within its easement and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company may at any appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch easement. The Ditch Company also has the authority to install and maintain a road along the ditch bank for its purpose. C. The property owners may not place any fence within the easement, and particularly across the easement; but the property owners shall install a chain link type fence with a minimum height of 5 feet on the boundary of the easement and run parallel to the Ditch Company's easement the entire length of the subdivision. The property owners will properly maintain this fence at all times. No gates will be allowed in this fence without the prior written approval of the Ditch Company. My fences approved by the Ditch Company along the ditch easement must be stock- proof to prevent damage by humans and livestock and other sources to the ditch. Permanent "No Trespassing" signs must be placed on the fence facing the subdivision. D. The property owners acknowledge and understand that there maybe subsurface waters that arise in the area of this development and that there maybe periods of time when, due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that maybe very near to the surface, or resides on the surface. Due to this problem, the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no obligation or plans to alter its operations to limit or reduce this surface and subsurface water. E. The property owners acknowledge that except as specifically authorized by Ditch Company: 1) No hunting, swimming, tubing, jetsking, boating, canoeing, livestock grazing or watering, or other use of the easement, ditch or water in the ditch is allowed ; 2) No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. 4 W. °�/ I IN WITNESS WHEREOF, the parties hereto have executed this Easement and Agreement this o gday of 740 60.,,, 7 , 200 L . The Water Supply and Storage Company, a Colorado mutual ditch company: By: &ee 'l? L esident Attest: 4,/d/Ki21,1(.._, y 2---- Landowner: &Mi STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me the 04 clay of ci , 200 b 44 WITNESS my hand and official seal. ,/ 900a/to,zo sendx3 uoissiwwoo A .0 5 �tJfe:4d.,_ OO%8O1OO JO 3ivjS Notary Public Ollend ANVION My commission expires: a/DV aoo 4 VN3H1yW 'S VIOIE±Lvd STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me the (./fday of 4,L,,,.,, ni, , 200L, by Fred Walker as president and Dana Parker as secretary of The Water Supply and Storage Company, a Colorado mutual ditch company. WITNESS my hand and official seal. PATRICIA S. MATHENA otary Public / NOTARY PUBLIC My commission expires: .)-i`f/ p STATE OF COLORADO My Commission Expires 02/04/2006 54-7. t+A CM • OWNERS SCHEDULE A File No. INS 189128 Total Fee for Title Search, Examination and Title Insurance: $879.00 Amount of Insurance: $246, 000.00 Policy No. 50-167239 Date of Policy: March 22, 2003 at 7:30 a.m. 1. Name of Insured: Charles L. Meserlian 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Charles L. Meserlian 4. The land referred to in this Policy is described as follows: (continued) SCHEDULE A This Policy valid only if Schedule B is attached ,'n LEGAL DESCRIPTION (continued) File No. LVS 189128 Parcel 3 : That portion of the N 1/2 of Section 10, Township 7 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M. , as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4 corner of said Section 10, to bear an assumed bearing of S 00°10' 31" W with all bearings contained herein relative thereto. Beginning at the E 1/4 corner of said Section 10; thence along the East-West centerline of said Section 10 S 89°51'52" W 4605 .19 feet; thence N 00°14' 12" W 1615.86 feet to the approximate centerline of the Larimer County Canal; thence along said centerline the following 19 courses: S 28°34'20" E 268 .20 feet; thence S 25°40' 18" E 284 .65 feet; thence S 30°29'27" E 167.95 feet; thence S 45°21'31" E 98 .34 feet; ta.` thence S 52°02'47" E 124.51. feet; thence S 43°41'20" E ' 65.46 feet: thence S 56°55' 26" E 68 .03 feet: thence S 67°43' 15" E 102.76 feet: thence S 81°25' 01" E .112 .08 feet: thence N 87°08' 54" E 366 .77 feet: thence N 83°11' 58" E 211.97 feet: thence N 75°20' 55" E 340.27 feet: thence N 66°19' 18" E 472.66 feet: thence N 47°23' 14" E 81.91 feet: thence N 26°50' 47" E 64 .73 feet: thence N 01°19' 09" E 77.28 feet: thence N 17°50' 37" W 98 .85 feet: thence N 34°04' 18" W 99.06 feet: thence N 43°59' 35" W 123.71 feet to the NW corner of Recorded Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing along said centerline the following 11 courses : N 43°59' 35" W 666 .87 feet; thence N 16°02' 33" W 152 .38 feet; thence N 28°10' 30" E 220 .56 feet; thence N 50°01' 21" E 199 .16 feet; thence N 79°27'20" E 259.53 feet; (continued) • I-� LEGAL DESCRIPTION (continued) File No. LVS 189128 thence N 64°56' 12" E 75 .73 feet; thence N 51°04' 32" E 66 .83 feet; thence N 08°15' 19" E 112 .69 feet; thence N 13°22'29" W 56 .11 feet; thence N 22°48' 31" W 198 .05 feet; thence N 16°58' 07" W 284 .23 feet to the North line of the NE 1/4 of said Section 10; thence along said North line N 89°57'36" E 2099 .29 feet to the NE corner of said Section; thence along the East line of said NE 1/4 S 00°10'31" W 1442 .13 feet to the NE corner of Subdivision Exemption No. 908; thence along the North line of said Subdivision Exemption S 85°34'21" W 354 .89 feet to the NW corner of said Subdivision Exemption, said point being also the NE corner of said Recorded Exemption No. 0705-10-1-RE3175; thence along the North line of said Recorded Exemption the following 2 courses : S 85°34'21" W 64 .14 feet; thence S 82°30'20" W 1656 .84 feet more or less to the TRUE POINT OF ;BEGINNING. County of Weld, State of Colorado 1I NE CORNER SECTION 10, l WELD COUNTY ROAD 84 T 1 N.R m w 1 :,$1. —'i-'" /�_"-7_------ �__-�� -:�� "ill _-t3 - ) IA I. li i V` o_pev \ / / f\ - / i j._.— —_----..--s:::::: -F _ —tpT3= —___ act°1nCara' / I \ \\O IL / { � LOT S-- — —L -- ' -=-1Oa--_-==--4—_ =--Ji i-_,I N j 11 LEGEND \ \ I on/ j / ,/ —" _— I - - - - Gmxc mllaR wl l �ENQ \\ +\ d 1 \I 1' ` r/ \ — — �— ,/ - _ —— -- �I I e.n v+M 1 I / / / /t __,--'"-__)----.....1.--- Man l.M.y \ \ 1 \ \ \ .IC // %--//' I-- — — _ — 1 I � m PC ..-.— "emm \\ I, \\, \\� \1\ \ 1 I \ I ( /7-/i' �� C-M'�� J ', r �_" 1 - —-' lbrl•,. _ APPROXIMATE CEN1ERUNE W �� \ \\ W\ \ I / / /1 -'_ �!��p�. ----1,....4 -r__^--� tll EXISTING IRRIGATION CANAL \ l\) 1 \\kk/j/R\\\ \ 1\\\ 1 I �.b'+\ �.^-w - - _ -Iv Ii1 �1-�vII \ C J,1AA A VAAVA 1 1 / /iT1 - --c....___-___-____-: —�._---1�� I 1 ;vvv 1 \ v 1 1 �I/ / - .vim 1i� IN Nit {yI\ 1 irk 11 \ y \l'e�n\� IIP\\U � C /-� —______I- -came :: o an.nAs IN. l\JI/ I , , 1 1 , l \ \ Imo.-r+d _ o a....a+ / vsMal � / It I �.R.�� ....ter 7�fl / I // /iy1 Y i /^yam'. . .F ..1� I ' IA I��. �,� li . -c -st A V 1 V I // / / I z i(1�!]` 25)DITCH \ X I �� l T T \ \ \fC \II � � I I / / ✓ a EASEMENT / l "W I ii 7 T \ \ \ 'c t \ (BY OTHERS)/ I //-./1:::::-: ��? 'yl I il/40,4.I \/ \ \I \IF-s_:,)-1ygry \ \\\ ,\11C\\ \1 1 I`I! I I I ' // / I I U 1 ' i___»._z.....,... \�:\\ \II I i / I \ , \ \\\\\\\-111 \\ ` \ r I I S ' / ( /. /</ / /�-� -...z.:,..- -? 11 11 V 1 11A \ V A A IAA \A A V \ A i ' ��fil vrlr / \ \ Jll \ \ \ \ ��IA�yt � \ \ e\ 11 j \\\ \1 \y\ \ I / �..` \ /1/ I ( I ` ` I ' I \ \ \ \ iR\ \ \\\I \ \ It+�.40.,\ \ \ \ I1 'GNAN•ATEL 5i' \\\ \\ ��,\II \\\\\ \\\\\\ ��_ \ \ IIJ� I �\ \II11\ \.a\ � •roA'�``,��'�'\wl \�cnelei ��n\ns`+.:\\ t. I -::------%-. •EASMIT \ V A VAA AA VAAAAA I A - kWet \\ \\ \ \\\ `ate>\1\�\. ;M1\\\ � - / \ /// I \\\\\\\\ i i GRAPHIC SLAM PrA.IM.. l T T T I I w SHEETINII R i N., -I I4 or i 1 1110 11111111111 IIII 111111 Mint IIIII 3043901 03/21/2003 04:17P Weld County, CO I 1 of 3 R 16.00 D 24.60 Steve Moreno Clerk& Recorder 901 WARRANTY DEED THIS DEED, made On 03/17/03 between RFD Family Partnership, LLLP of the County of and State of , grantor, and Charles L. Meserlian VI/Whose legal address is 2324 Plains Court Fort Collins, CO 80521 of the said County of Weld and State of , grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Two hundred forty six thousand dollars and no cents DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: (continued) /WATER RESERVING UNTO THE SELLER ALL OIL AND GAS RIGHTS AND ALL NON-TRIBUTARY GROUND RIGHTS TO THE PROPERTY AND ASSURES BUYER THAT THE SELLER WILL NOT USE THESE RIGHTS TO OPPOSE DEVELOPMENT OF THE PROPERTY. SELLER SHALL RELEASE SURFACE RIGHTS 10 GRAVEL & COAL, IF ANY. as known by street and numbers as: TBD WCR 84 and WCR 21 Ault, CO 80610 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all 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 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, 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, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 2003 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. 1_,31-e,wic ct 2 . X9 )J RFD Family Partnership, LLLP STATE OF Colorado said } SS. County of Larimer The foregoing instrument was acknowledged before me this 17th day of March , 2003 by Dennis Drake as General Partner of the RFD Family Partnership, LLLP J 'wYF9�, Witness my hand and official e . My c scion expires r plel'ARY•.. lY 'r,i ':PUB�LIC:� ary Publ' "- OF COu;=- Bud LVS No.932A.Rev.10-97 Warranty Deed(For Photographic Record) COMM. EXP. 2/4/2004 NORTH AMERICAN TITLE COMPANY 3880 N. GRANT #100 LOVELAND, CO 80538 I tiirii II\u moil 1111111111111111111 iii 11111 II\1111 2 of 3 R 16.00 D 24.60 Steve Moreno Clerk&Recorder LEnAT DESCRIPTION (continued) File No. LVS 189128 Parcel 3: That portion of the N 1/2 of Section 10, Township 7 North, Range 67 west of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M. , as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4 corner of said Section 10, to bear an assumed bearing of S 00 10' 31" W with all bearings contained herein relative thereto. Beginning at the E 1/4 corner of said Section 10; thence along the East-West centerline of said Section 10 S 89 51' 52" W 4605.19 feet; thence N 00 14' 12" W 1615.86 feet to the approximate centerline of the Larimer County Canal; thence along said centerline the following 19 courses: S 28 34' 20" E 268 .20 feet; ,/'- thence S 25 40' 18" E 284.65 feet; thence S 30 29' 27" E 167.95 feet; thence S 45 21'31" E 98.34 feet; thence S 52 02'47" E 124 .51 feet; thence S 43 41'20" E 765.46 feet: thence S 56 55'26" E 68.03 feet: thence S 67 43' 15" E 102 .76 feet: thence S 81 25' 01" E 112.08 feet: thence N 87 08' 54" E 366 .77 feet: thence N 83 11'58" E 211.97 feet: thence N 75 20' 55" E 340.27 feet: thence N 66 19' 18" E 472.66 feet: thence N 47 23' 14" E 81.91 feet: thence N 26 50'47" E 64.73 feet: thence N 01 19' 09" E 77.28 feet: thence N 17 50'37" W 98 .85 feet: thence N 34 04' 18" W 99.06 feet: thence N 43 59' 35" W 123 .71 feet to the NW corner of Recorded Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing along said centerline the following 11 courses: N 43 59'35" W 666.87 feet; (continued) 11111111111111111111111 l i l t 11111111111 I I 111111 I I I I I I I I 3043901 03/21/2003 04:17P Weld County, CO r^ 3 of 3 R 16.00 D 24.60 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION (continued) File No. LVS 189128 thence N 16 02' 33" W 152.38 feet; thence N 28 10'30" E 220.56 feet; thence N 50 01' 21" E 199 .16 feet; thence N 79 27'20" E 259.53 feet; thence N 64 56' 12" E 75.73 feet; thence N 51 04' 32" E 66.83 feet; thence N 08 15'19" E 112 .69 feet; thence N 13 22'29" W 56.11 feet; thence N 22 48' 31" W 198 .05 feet; thence N 16 58' 07" W 284.23 feet to the North line of the NE 1/4 of said Section 10; thence along said North line N 89 57'36" E 2099 .29 feet to the NE corner of said Section; thence along the East line of said NE 1/4 S 00 10'31" W 1442.13 feet to the NE corner of Subdivision Exemption No. 908; thence along the North line of said Subdivision Exemption S 85 34'21" W 354.89 feet to the NW corner of said Subdivision Exemption, said point being also the NE corner of said Recorded Exemption No. 0705-10-1-RE3175; thence along the North line of said Recorded Exemption the following 2 courses: S 85 34' 21" W 64.14 feet; thence S 82 30'20" W 1656.84 feet more or less to the TRUE POINT OF BEGINNING. County of Weld, State of Colorado TRANSMITTAL TEAM ENGINEERING Jeff Couch, RE. 3468 Shallow Pond Drive Fort Collins, Colorado 80528 veld 69,,,, /y //tif ii J (970) 231-9937 Attn: !!/Chile A0ty✓ycitt r Date: A Jell Project Title: /!4(f 1/91104/E51q17:5 fZ -10 PI The following items are: ( > ) Requested ( , ) Enclosed #Copies Description I kali ny-,,COAe^t f2 r WaPt 56774 f ,Sf�,•;fit' I 2a) /ay (e Facie _L. _ __767‘,1(41' (v,,t✓41 i,,,,11 ('rsd 7re,, Items Submitted (>(-) For Your Review ( ) For Your Action (y) For Your Files ( ) At Your Request (k) For Your Information ( ) For Your Approval Remarks: These/fe - Pt/ eile'eiu?ei't e //),. it:r' l 5i t4 6 37ray i„I k Sry3'i 11.5 I itI • ail/ ( t:4, ` 5th I / t /iwtiel /cti-e — lit lei ecvc4 cit L �f c� f'Sr,'1Fs sire-14' /'v seek r7 i ei /0 A oym,_I uil /�"z�'��r Wes-, Car? ' iell Pa,./106f jf I Y =F<C%, EXHIBIT r A° g w..M•larr gm*a wi6••.+..w s•rMM Ma .*..w .•,M,V7IrA ~MI 46 MA. M wM _„go :V..., w. s.0•«w. . - .w v- a 0•661 r .61 6666 w• 6666. .0•.. � . .a.. 11 4.11 �•►+v 1"..;....ra:I.O.I WA •l:• :�S�n w. isa w; T a'i w•s•is..i' .'.�e "it;-nr Mr!`r"•r A •libIMMO`• r.S 0'•.•rw_I.a MO eMi•*Weir II 61.61+61 raw •A ts i ka iA I l amor M TAMILS.7 'IMI tU •• ana la! .w r<•em 6161 mee • me es meow *IC 1 --VOW 1 +a vs.* ti T T A1=+3:S • /'�.. ..::.. :. .......... ... ....... .. et r.L. v.9 rY tom'. ts. .......- /`_ _ .T l _ LQf4V v'uti 4- u .... i. Landowner is the owner of all Of the ntuLelcty known as the Bhiwk Hollow Estates. a copy of which is attached hereto as kxhtblt A Ube "yuhdivisinn`1.. 1 Vuit,w,r:r sliSirtt: to .,htaut 8l7ltttl at of the Ditch tar ccrtdtil .nattrec renniret be the Weld r_nw,nty. Catered" Rnani of County Cnmmisamen; atn,.nvai n4t1!w of G,riivicinn This fYitrh r'mmnnnv4 inter-ate ..71 1_... I.chectte.t try the n nC;tc .......n..�.l ,ti, X ,F... len,lc and rnninierte t\C .1.�n *. '.rant TLrr t.r the isertier, ecknewtedgc ii... ,I..shl: ce"eiAe.atinn eyina •'.• Am; .40 araorti t+Ow pilau.'.:. ,. r._. s__ :Etch 3 -ins..=.r 3. sue iitltit :.:�,ly,a,iy ..'" a i:g.ui-orwny tut its nu,ae urtu uYi,ua outlet rawhides. Landowner recognises and eusurums salmi uw„el�tl lip i,i time mach Company. Landowner agrees to execute an easement in the form of f;;xirrnii i>, attached lately i.o haw the Landowner confirm and convey the property rights of the Ditch Company. sac casement shall oc recorded at the expense al the Landowner along with this Agreement. The easement shall he shown on the plat of the Subdivision. I .ado r and ..I"ntt Ditch. C am exc!uctve _ � ......... ';,: .r. era• vv. ..0 tovw�j - . v..the Ditch I.�m_W e._ irrigation ditch 1 ...harm...a ft tnge t.rr with casement eve uw �.Vuatwy�uiabcitavu ditch a.:. u1R""` ...t,... ... I lthtis Vf atfctsS and cjlON 1V4 D U.C utpiu.y c.wpo&".s. T'la Width bf the ;,::::..a:.t will t:vllldlcllEG al. llffi tXfitGL Unc V1 WC LwLLlmc1 l uuniy' Cella: and extend in a mostly castyiiy direction to ditch hank road amt eructs; miler a +nitnmtun of JV fcvi(33')llvut iilc ivy of the inside edge of the east ditch bank or to the outside edge dr the existing ditch maintenance toad, which ever is greater. All lteadgates anti measuring weirs which are currently located outside nr the aforementioned easement need to be included within the easement. The easement is for the aa.nt.nanrn, operation, use, repair, reconstruction, replacement, inspection, construction of the ditch system of the Ditch Company, and any practice that may be required in the future to operate the ditch system Mr the benefit of it's stockholders, together with its appurtenant facilities and includes the right to clean by a cchatttcal, chemical or blurring the ditch system, the right to deposit earth and other materials on the casemate, and the yield to change the location of the ditch within the easement. 5. The Ditch Company is granted the Hill right and authority to cut, trial, remove, destroy, or modify any trees, shrubs, grasses, structures, kneed or Odder items within the easement or causing a bottom within the casement. Landowner will not plant, place or maintain any trees, shrubs, grasses, structures, knees or other items within the easement, nor shall they plant, place or maintain any tress, shrubs, grasses, structures, minces or other timer in such a manner as to cause harm or impede the operations of the Ditch Company within the casement. V. 'Landowner seurese t 4111.1 WW*IMW t)ILLt I,arld1WliCI Llw Va tl tr dm.; Of execution of this Agreement, the .Pule owner dl the oubdivistusL Laiduwlzc1 Allay 'nave iiengs) against Inc Subdivision, and Landowner will obtain the written consent and acceptance of ail lien holders by signature on this Agreement prior to its Pao.. I _,14 r uel: oa ua U,• aLr. r , e•A Waanr, •� • ••• �� __ • elit• /sac teem ell .nh rrcdir*mg Canurc iV QO&ULU ;welt '.Y'lliicli bVIAY..i{i iU& i7eLeT,SuriLC o �w a-_ 111:1C1CFS shaii cause LandoK'ttci 1U IOC G U�GiaUii tWucr s, � Agreement. All r•nrthntnving or other activities on the property undertaken by teeth-eerier will eat eennv ineitereeer nand water to the surface Or Cause to uaCrea3C the ._.......nn.(rrn.n the Ahern' secrete. - $. landowner, and Landowner's successors and assigns, wilt not cause, permit or suffer any hazardous material, pollutant or other fun;ign material to be deposited or discharged into the Ditch Company's ditch, or the water carried in the ditch- The Landowner will imntednttely notify the appropriate governmental agencies and the Ditch Company of any Potential or actual such deposit or discharge by ally person 9. Landowner, and Landoviner's successors and assigns, hereby spc_iiically waive all known or unknown claims, damages, rights of indemnity. rights of contribution at other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out at the maintenance, operation or use of the Ditch C oinpany's ditch and easement,including, but not lunged to: flooding due to overflow or breach of the Ditch Company's dite:h and; washing or erosion of the ditch bankz ebinine of the ditch and easement by burning or chemical meane and excavation of the ditch and reorage of residue. Landowner, and iandowneis soe-trsor and Itasimtte hereby wee to indemnify the Ditch Company, its directors. nfvz•rc, 4•ennlnyeec ai'ul CinClchll/.itts ajnaiuSt any loss front 83W claartlS. demands OT actions the mvy ereyeher Ir tennaht :rotvainta any of them as a CAnscnuettce of this AvxeetuCat or ..,,„,.erri'nn an„ef the enevlawtne et!me Aim i+rnere ..-� U. In any action brought by the Ditch Company to alpine the i.ileeeires .hereet whether legal or cqultabe;, and/or in any action involving Ditch Company end Landowner or any aucecasot of Landowner earthier to enforce the provisions of this Agreement or otherwise, the Ditch Company shall be entitled to reasottabfe attorneys' tics as fixed by the wort. Venue for all actions shall be in Weld County !nstnct Court. , • The h_�. o f..L. ll bc deemed independent n„d severehie ire the (I. dtN. fl4V YlJRu i.. �r,..un .wuu can ,^-•«.... ._ • y r. Canty%_a ... .. .:. wen.. rto :IVEIIItsity in ifiee ii:u ni il:uRaaly yr iuruwZwiu..t•� 4� .,,;. l;. ....,.,.,. ..' y.,...•.,. --- shall not affect the validity us SL31Vfl-CCtMU.) of any other V4v+,srt»i lies Y.,ra. 12 The terms, covenants, and conditions herein cutlitincii ,iinf: tic leedieg upon ataf Allude to the benefit of tip successors and assigns of Landowner: Ow Ditch Company, and each of theta the provisions sere°f snail constitute covenants nunnbng_wiih the land, burdening and benettting each and every pact of the propcttits and every interest thetem In addition, the Provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. !his Agreement affects the property am! title of the Subdivision, and this Agreement shall Cc recorded at the exeeawe of Landowner, and after recording, the team, c ondtions end covenants of this ARnxemetut shall become a covenant running with the land of the Subdivision. 'I his Agreement shall coestitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders, or bth the flitch Company and any of its shareholders. tinge nt gee J1 UJ Va; asp ! +r•'u waanci _ h 3. The provisions hereofsihall be itberaib construed w t.iketuate tbcu purpose or crea tinny a uniform plan for the development and creation ot the Subdivision.khilitre to .-� to enforce said entnw rm r any rvi+urn trroof shell not cc, waiver titute a waiv of the l'lil� n.,v.j.inn tit aeon tither nnwicinn hereof Whenever used in this —roanstxa t. the sir€ukir r-- than iaanhiM rrl,. nh.ant, Nw nhrrnt ih► rirltrair ,Irvl the wage. R. Art, render [hail include ail �it ..t...L ?'t. a..eae.nettt rh2tt h±con tru ell!'I.der tt 'taw nithe :lea!lf Colorado Time is ittl..r.ty ..i.4,`.� a a amt. IT. T..' f.`ut ..L...11 1N . .,.......tt b, 'be.. :..«.:.'•„Hoax nor! Ph.. e.w . ..,.. ...,aw .. vjr C hdi _ _ .t.. ,w. u �.�..n. :1' .. t' , 0.. rte. a. t - r� ...tr. r,....a ...F the tU.t... T' e.r. - �...... . . e„. LY 4Aa fig :� ..W. r ft can. k.-, . ii waaaaay ,.w - •• .. . ... Uthei itriut•.t ••00N., wide that ....... JSIi)})!y Nat! JLVlat^,C 4Vu1}riu iy ?At; clay',.: atia)ia.t t>o ,caeca el U,ufu ..fw uw,, restrict the proposed new etc VA ua: 8. The Ditch Company has !IX duifiurliy iv iii final/ lemon; iie c wiv.ii;\ k right of way anti it is net nowledged by S owHal rs of tin:prupeety in iur Sulltliviaivtl lust the imam Company will at st appropriate time, Etmove ttray and all such 'rtes on tilt- property. I he owners of the property to the Sturaivinron acknowledge that the progeny owners and successor OWnerS may not plant or otherwise taw:cape the ditch right of way. The Ditch Company also has the authority to inttan and mammas a road along the ditch bank toe as purpose. C The property owners may not place any lance walla., the ditch right or way, and particularly across the right of way; but S property owxrs shall install a chain link tvoe fence with a minimum height of S feet on the boundary of the easement and nut parallel to the Ditch Company's easement the entire length of the subdivision The property owners wits property maintain this knee at all tirrts. No gates will be allowed in [hie fence: rfsithoisi ehr rim- written approval of the Lich Company. Awry fences arr•rn- nved by tow twitch Contrary Winnr the rlitrh racerment coact he neck-motif to orovcnt .h..ttttge by hnr,ranc pooh tialectcy form. manor *etr_rrre to the direr, permanent "No '.'repast.^nn^! Linn, .... tit be ni jai an the fetes. f.c-;wfr.tw .n.hS rvcit.n fl TI...• prati.ten comer. nn1 I...r.,n •n.w4 -!inrlawa+ten,t that tk*ra mavrw _.L_.._t.c m that in that r ..�'.iW.. r......7.. ri ..•.y that there vt to Perir..r••. sewrafaa.Y �w"clog m that ..�..... ... m ... . . ...,.,..�na.".'. . ... ....a.... X... r.[_... whey., f. ••9u.i n_. - within 0.c J<...0. apt= ...��.J Gt ern .riot \tl L\nK \YfK.l 1, ♦•V.T Lai waitYi 1MIwYItt '.'.'?MlYf NN. iWOY.a if:M v e . �u�°......�. r.• t,...r._,.1..... .. at-a _... t., .. oil UK ll!U}a-itr 'C VflG ) 1A:LL4a/lt a1I1VY\fi,y ,.YI ,luUS1U#U. . L.�[:4.T f.. fiu.Jtn. V_4) i. W CDC SUrl:l:e, Or kC LLVS V11 tilt 'eU1sa :. Due to ULJ }n\'oittt.. a\IC. iitU!J of IA4t.iii portion, Ut the property for CUfStrucrwn of structures could psiientarilly Lc wea0alavic. 1.01. ..flea Company has no poem to niter its operations. as it would cure this sto%st:c auai sub vt f a e water issue. t. 1 be property owners acknowledge that t,+No nunting..swinuning, tubing, jetsking, boating,, carioca*, livestock gaining of wa4craag, or other use of the easement, ditch or water in the ditch is allowed. 2) No dturgring of refuse, Itctodirg but not tuned to household garbage, waste nra:.etials, grass ctsppldgs, twee and sitnln rumness motor oil. chemicals, pesticides or heabeeidt as allowed; 3) No pumps for lawn or other irrigation era: ailowc d uo the d&tett; 4) No use of the ditch easement for bibag, biking, horseback. motorcycle. off road vehicles or other mounted or Hurt-mrtorizcd whisk shall be allowed. p. No crossings of the ditch are permitted without the prior written consent ot the filch rnrrnlany and camnkarroe vrith the rules, tcttuaations and requirements of the fl rh('nnmanv rage of Air tlee At Us u4: 1L.p rrea Wat.cef _ .- n � ?;WITNESS WHFRFOF,the nartiec hereto have executed thss Agreement Ott! 700 The Water Sttppty aed Sterne t_e•t!?Sall, a rob reds mt at—a!Aster wmra.y: r [ GSWGI H. Attest: Seeretaty Londoner: Print or type same STATE OF COLORADO ) tss. COUNTY OF 1.ARTMER ) Thc.fnreppina Inc-tra[nen4 was acknowledged before me the day at WWI by - WITNESS n hwnA z r. cthc�t cow! Notary My commission cxpires: ._ STATE OF COLORADO ) )s%. COUNTY OF LAMER ) 7 he lore thug instrument was acknowledged before me the - day of . 200 _ by Fred Walker as president and Daaa Parker as 9:v_m[a'v nt"rhe, Wnnr Sonly and Stompe Company,a Cobra to mutual ditch company. syc rtiFSs m, b-md nwI nfhrn.I .traP Notary ruu& My commissam expires: LIMITATION ON LIABILITY AND INDEMNIFICATION AGREEMENT This Limitation on Liability and Indemnification Agreement is executed and made this 5th day of January, 2004, by Charles L. Meserlian, 2324 Plains Court, Ft. Collins, CO 80521 ("Client"), for the benefit of William G. Crews ("Crews"), Cynthia A. E. Zeren ("Zeren"), and Minco, LLC ("Minco"), whose collective address is P.O. Box 336337, Greeley, CO 80633. William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Minco, a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and Minco in connection with such services shall conclusively be limited to the amount paid by the Client to Minoco for such services. Crews, Zeren and Minco make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and Minoco shall never exceed the actual amount paid by Client to Minoco for such listing. In order to induce Crews, Zeren and Minoco to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and Minco harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to Minoco for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and Minco) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). In witness whereof, Client has caused this Agreement to be executed as of the date first set forth above. Charles L. Meserti n • STATE OF COLORADO ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 7 day of January, 2004, by Charles L. Meserlian. Witness my hand and official seal. � 11 My commission expires: •'' RY PV' Y v 6 a.oat{ OAP. .8 Notary Public * JENNIFER MCMAHAN; My Commission' '''''E.pra.AA 1D.2004 _-CA RE_^_t.n . az .7fffL1Z ,z.--¢,_„.- AkmawiNtitAL ikinegaili?n1 r -_ -_ •. -- .- - - 1arm-, n1nr na a_ S2°2717" r t r 1--1• u n • _ nn r •n e� m .7.5°``T"`n" cg no .r. 17.7°"^i"."". 1 en r n ,; _ $ n "4."`"4," C 41 n n0 a_.,. _. .. e nn'cn� anfn 77 t- .a.___- t.. "°111`O"en11 n7 ft:.: _- - 7 e 1- ... f"c ,'n nO t... «, ._ I:2C'°"'"7"' re 7" 4,.... .:'.t_ 4.7""1"7",": _.n.. L_zt: a.....-v wl wo CrooC ."I 4n0 )4 0 M e.e. 11M kiln/«-..._. n7AC 4114 CGQ47C -:.J f ha tb.TGI IC ne it.rr nr the„ L IIV 44fr. r e_,_ - . nt.. . n1 r 1, 11' ah __ - y a".°5?..","" CIC 701.2.,1. ..... w• w flan r nr• Oa t_ .V- ..... AI 110 4r 1a C 110 Cif t-n1 11t n_aa AI V_ v :.. .. : - ..._ .. l nonq•nn.."I CO 11 s ♦ sh-...... AI "-11"1"1"1 1"nq f 1 If. n AI 1Ro4Q'A7n NV na_- nn t-- a- AI_al, 1 ,� ..[1f.._.MC 111 1 n:A C .. -. 4fl• 11. _ 31 n £ A IRndh ...y !vim ...:. ... .. .. . v ... . . .. _ y n.i1O7.AN.r 2921120[...-.1. 11... Al C_ - d ecttt.r.fh - =1o::JMn rat: .a a.ICtt C 99.°1791"1,14.1111".19 F 11- 6_ AIG n_ 4.n4 C hdi 1 'n r - ..__ ..1 1'f - h .-lr N.a A!n I _ ..4 .4 c-1,A c n.« ban Q 0r074."4_1LI O[[1 On L v.n&Va •11"1 annwa. i :A C LA .i i__ Cventatnr. n $paint I_- .,r -_ e-:.• n _.....{...a C w -- "I_ A7/10 in 4OC$474•411 nf•n ♦1 ah I•_._� t .A O_ n4_A Cv �- --_ 1{.n L h _-.. _- 7 __- nn C 4Ca'QA•!'J•1•• 4 f a4 al. C.enognisn V1I 1CCa OA 4 ,.1... r Ivy:/ 11...TO'IC DMN1T or 0CCa1Nl yv. __a 1 • -c.1. -- _- A -Ja.. . n4 tha trIrra' - -- - anti ... ....� -. -.: . .. ....• n nnnn w_ i 'Ailichitriti Liai ai%Mptiafiia ailai is iawO Lit:.m ..atc Jams. ! 'AM:4;6447 pay i"'+ r wf1...en ARL4A1K71f. :Nee 1 of 2 'fax(30.3)444-2110 !Mfr./4 &o Jc ��— � William& Crews, CP L Get-tit:IS Professional Landman#34 Mineral Owners; &_m Leasehold Ow_rs; AQ@LM-gym (none) aaa; rend R ;, CO 80521 p , m#Ph RLP 11567 :y9 Ault, CO 80610 - . / P.O. X33 '` ~ CO, a� Tate k= O03)O03) ® G BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 30, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Katyryniuk, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR_MZ-1039 IN THE AGRICULTURAL ZONE DISTRICT. C� x Michelle Katyryniuk u " N W Name of Person Posting Sign LI- ED A%/1 H/<4: Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day ofj� WITNESS my hand and official seal. 7 f Notary Public / My Commission Expires:/(/iJCa�� -i 6 w 1772.46;143i y 4„.41, ;;, p8 '.?k.5 14I ` 14.4.4:a• ! <� ��,'e ' t i �4.:s,y '..I .9".4,44.44444-44;r . ..',‘,..44.49..°).�.a-`t-3.}m;w 4I .. .a....„,?„„4.24.44...... s x r w Yr q,d . i k. iti"d(, . n,4 ; .,� ' , !t u * x. tPw5 t'' ,,yy�� •�jj4' #«r'* d ° Y �rt • y�qy ••• .' k �. ,, a?„+>'Ar yip G't •••,:::.1.1.,..,4,1;.%:,o- ` - G 3 w,, a, -0 k ,+4 11 r k i fai l :.+¢af'S z• ! 4,S* w -+. u" a �Th.'t41" • 'SCI d kt 1 •t ati. q e 5 S ¢ 'kn' "',}i.4,-,<,w:,:;?..,:`::+r ¢ a .n w,R'�* Yh". � } i { ' g ' .:t„ xJ f 2 a • r ■■ gyp( �Wr -y�( n ?, • },g�: } 9.%. i'Y s •d. i s.. 1,o-,4 y t t,: I Y�Y a7k tl 7A� x t 14 ' . i'" Y aa�� 5 *� '•it &'M sM '1'� �(` M1 f,M�y A �} ;� 2y}�Nt I N 7 t A (X !4,,, ...w*, � ae o- yr'w ti ��.o-. .1c,•. q'm.k�i '.1 p i4� +i 9 ` t � + 1 , '. ,u Y F e • cf °a " � i .:;:::::•!:;•1:.,:::•.•;;;;• e i p r.�x j $j: lfil: • • • 4. 2 •4. - 1g ! �r ''1"w a , ,,t,a� i4 rl'.}" S $ ' t "•.f}sfb w ;i T • p p. is Id 1 i r ..•.!.,...:•."/ •."/ ` aax 4 , tf t' ri,„..4•4°. ` 7 ��j' E i s �t s. 44S +' F `r , 44p.d ' 1,1 i �. ` n{ 'S tr 4 r* • '+�,7y � .: .a1 • K' •:� 'x �.M.�L�. F iro '�pr•*nl�� + x • 7.� • _*t k`�• "4 �� * '� 40:4,1� *"�� /{ �`'{�+�f��,.•*r,�'� ,k��n"`f aA(44 l 4 � ,iv� � � it °•�;t.� ��u" '+^'" -c. vb°,•"4 i'' ' : y.,.'{fc• i 144 t+iil�e'F71 ,f � ,'A{�',n'il t' '" Y::::1)::,. R .. p� n 74), _,} 6ys'M N'Mx.%rj y " b It - �ItRJ rv'. 'i ._1 g^p'ry .,,,,,,.„:31,O A6 . '' tiygM� - ry o�yy.. 8 f inn. j(p. T w' , r� y,,. .A.•••• •• 4 d � *4} �a. t��.�Y.a i �` R .�..csa +2 '' .r P'16r '51? ' ,, n .w 1{k.W �`,•-,�,,, . •P. " ` tekti! i Sl►I r irk. .IA,' ; ,t,`i �° 1r°4 f -4 zI z 'f .. '':%4-'1-'t. '�,I"-^... ° ry �4 1 w. ii LF etttnt i F S,� S'' 'ivr� .y .-- ) . r♦ ^`• y �" 4 ,si. ,4 , r t i, tjr 4 r t , 9: t� • t i .1•d * a .-, '''4 ,- .._ me''! t't +$eµs A J 4971 r L' •As, iti r* krept43 �"79'..S2.-i • -11'.3.4:*:-..,,�y . 4 4,* ,. ",v '4.4i..4 'CC " 's.....„,(40,"'e.... •„ i : 4 *Ay.f"F > ..` :„-.1,&. 1,:‘,..-.4.-.• t '1+'.. 4, .. *"Y'+. � �~7w.4 ',.,#,4 r, + e r ,� st7b#4' 4641:4•44'486144{ a wt,Y. ynT• �( w..y '. Y, • 4 c 1C' 1 t w3 F ,4e94t'r i s ihy.. .744.4:.:•. ,'j t r 'k. �VI,t!5� ,�V • w sr a� 4 w. � + 4,:::44 , ~� . 74-F 4 r ~%%01/4., NZ-.1. T i ,k;:,-•'7,1;14‘''',,,,:t FK';''' ."_Yr /.r °' m�., ' ..*� +r• r ^ .' "� "wt*' 4 R.^'. 40,4.4 7 "*. *"'s44 ,. r—'�'Y4.... z/.4.^ ""i''+5 'br x i"4 .. .� ° 'a✓ '4 'y 4,141;rzi.,i�,{�'� �" 1. . ♦ . I v , " reeh k ' y+ .r +4 '*"'g ?..4,µ ..+`�"`"' '0 LM""".l#* . ..r,a .,i.„ ri4 $ k .crtr,: ^ r7 X 41x."^+w-+c ri s +• i9r .�N"w�+ ,x�rf. „� ..'7, t`li. «-Y . w, ° �'. ' � c c 7� _ L+ti ." • r 3 =+t.. P.a.' Replace 2.0 with the following: U. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County • - Code. Replace 2.X with the following: X. 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. When measuring buildings to determine offset and setback requirements buildings are measured to the farthest projection from the building. • • • • • • Hello