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Home My WebLink About20033547.tiff Qa3 frU7() IIIIYIR1090ItOggWIComityYlY111YlYY CORRECTED RECORDED EXEMPTION No. 1471 -30-4-RE470 ill MOM gF2tR0g+ OE.+T JA MFlieekmem 1 a1161p.N Et Ogg W✓4 Comity CD SCALE: 1" = 100' A PART OF THE SOUTHEAST ONE-QUARTER SECTION 30, 90' 2m' 00 TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO LEGEND LEGAL DESCRIPNGN: •mows Ex.Rowe no CM Ls no.e973 - oDENOTESihat port of the SE1/45E1/4 of Section 30,Township I North, Range 66 West of the 6th P.M., Downs co.NEW AND W-IS NO.x3p3 Weld County. Colorado described as: IS N0.231311 MAW MAW-YT- rig / / / oofsaid Section 30 aas bearing N'9000'00 W.tiwith3all and r bmingsng cthe ontained"hlierg.nif the SEI/4 / relative thereto; Thence N 9000'00'W.along said south line,915.00 feet; NW COG SE1/4SE1/4 / / / Thence N WW'00'E. 36W feet to the True Point of Beginning; Sec 30, T.1 N., R.66W. NE Cor. SE1/4SE1/4 4 Thence conunuing N 9000'00' E. 19292 feet; Ex. No. 3 Reber / / Thence N 545330'E. 33x fse ( ) / / SeC. 30. T.1N., R.66W. Thmce 584'53'30 E,415.64 feet to the Went right-or-way One of the Union Pacific i (Ex. 3 1 4" Capped Monument) Thence/ (LS No. 12330) N 14'01$0'E, along said west One, 1175.99 feel; — Thence N 89'5101'W, along the North line of the SEt/45E+/4 of said Section 30. 1134.39 M 643)'00 w uas.x , I Thence S 000326'E. along the West One of the SE+/4SE1/4 of said Section 30. 1290.61 feet; ILII WEIR COUNTY ROAD 6 II_ / / Thence S 9000'00'6 409.22 feet to the True Point of Beginning. / Except knot portion recorded in Book 1190, Page 530, Weld County Records. Use X North ,/eY1/4 sec 3° i Said described parcel of load contains 27.19 acres. more or less, and is subject lrights—of— / Way or other easements as granted or reserved by instruments of record or now existing m said described parcel al land. I NOTICE:According to Colorado law you must commence any legal / .4w action based upon any defect in the survey within three years after you first discover such defect. In event may more action ased upon any defect in this men / / years fom te dote of certification hereon. than ten / SURVEYOR'S CERTIFICATE. / I. Curt E.Acklom,a Registered Professional Land Surveyor in the State of Colorado do hereby°eddy to Stephan Broncuai that lb&Recorded I Exemption Mot was prepared my under personal supervision, that --------30 -- ------ this plot is on accurate representation thereof and the notes sown hereon are a part of this certification. I further certify •a that the survey and this plat complies with all applicable rubs, z / 1 regulations and lows of the State of Colorado and of the State m / Board of Registration For Professional Engineers and Professional Land Surveyors. sao g "F Curt E.Schism - LS no. 23027 • _a Ul P ei LOT° Y� $ LOT B g / / (For Job and on behaN o. Oorole Flom h Associates. Inc.) v'ro`•,.r�,%�/L,,Pr�s'b'•',BW¢ g 1)This Amended Recorded Exemption Plot ems prepared for submittal to lrid LOT A� o dt.� m Contains 23.32 Acres more or less y / / weld County Deportment of Planning, - _R / /do 2) This Amended Recorded Exemption Plat and the information hereon. may not be used for any addit'nol or extended purposes beyond that TT I II WEN COUNTY ROAD 4/) I14 E for which it was intended and may not used by any padres other e /= than those to which it is certified. v' 33))This Amended Recorded Exemption Plat dose not constitute a 'tsle VICINTY MAP — 1" = 2000' e / i 3 arch"by Acklom&Associates, Inc. of the property shown and described hereon to determine ownership of this tract of lan. ,� compatibility of this description with those 'adjacent tracts of t /r NI land,of rights—of-way, easements and encumbrances of record affecting this tract of land. , / OWNERS APPROVAL: i / /S I,the undersigned. being the owner in fee of the above described Property do hereby subd;wh that i the c same as shown on the attached _ _ _ RP411MW 0101 _ _� / / O District land in also intended e top videsareast ford'n then conduct soft Zone M kCW'aJ'f AS4.61' other uses by right.f seceetary uses and uses by special revise e I / l HR}./.€4.MM LY r , 8 $ / / tpphhhaaD g.$ a StateStateor Colorado) )55 County of Aa•weS _ N I / / me r regaing rtaicote a¢ bawledged before me this ys—ooy LOT A ' ar (�N,3,..a>" Ao., zo�3. e r P • Contains 3.87 Acres more or less," / / Moose my Hand and Official Seal. f ,� s a4'u]0'E su84' / JOWL . 8¢ / � SW Cor. SW1/45E1/4 w$ / / • Notary Public. 46,'-'*�_^ Sec. 30, T.1 N. R.66W. / " ^"'_ (Es. 3 10). Capped MonumenQ - oI / / My Commission Expi67444444•40/4•4•4001 N`°` �A (LS No. 27259) North sn.a y W / / /R.DY.Line W.'P _I r a saru'sa'W .: ^ LL J L — ACCEPTANCE' '4 h N tem'W'E 5324.19__ —� y, This pist is accepted and approved for filing. —=— .1W Dpa a Gw"�a� Fk MrP—R eowm E u4 - - WELD COUNTY ROAD 4 wal'''e / r ---- - -- A - •7 South um ss1/4srl/4 So 30 SW Cpr. SEt//45E+/o The fo inq pNkate was admowleuged before me this,2)in Sec. 30. T.1N., R.66W. sown ore Set/45EI/4 See.m / / / SE Cor. SEI/43E1/4 day of Po fin a0.. 20 Q) NOTES. Nothing Seted)) / / / (Ex. 3ec.1/4"h Capped Monument) d (Nothing ) Witness my Nand and Official S I. wool INLOES (LS No. 25951) I.ALL...LASED OR EXISTING STRUCTURES WILL OR S MEET THE MINIMUM / / NOTARY P19Nf' SETBACK NA)OFFSET REQUIREMENTS FOR THE ZONE DISTRICT IN WHICH THE / / / STATE Of COLORADO e PROPERTY IS LOCATED. ONE eFMNO INSTANCE W )141 2. ANY FUTURE STRUCTURES ON SITE MUST OBTAIN THE APPROPRIATE ZONINGo Ill s i r:1um' (� o 3�' Notary Public Expires AND BUILDING PERMITS. 13 N 4733'11 E 3374 X t3'0f ff 76.45' �5 m'mw`26 W 30.00' §1 O:\SC14\WORK\BWVKUCIM-4.DWG (CEA) RECORDED EXEMPTION - PART OF THE SE1 /4 ��"` ACKLAM ASSOCIATES, INC. DESIGN: CEA PROJ. NO. ttulF AS NOTED SECTION 30, TOWNSHIP 1 NORTH, RANGE 66 WEST P.O. Boo 195— 1001 Fee Bridge Street DET L: BOOK; FILE No. OF THE 6TH P.M., WELD COUNTY, COLORADO Brighton, i°"3O c6559a6554s060 Hj CHECK: CEA PALL DATE: JULY 23,2001 416ttit DEPARTMENT OF PLANNING SERVICES Wi`'p C RECORDED ADMIN ADMINISTRATIVE REVIEW COLORADO Applicant: Foster Properties AMRE-470 Planner: JH Legal Description: Part of the SE4 of Section 30, Ti N, R66W of the 6TH P.M., Weld County, CO Parcel ID#: 1471 30 000024 Lot C Size: n/a Lot A Size Before: 3.87 +/- acres Lot A Size After: 4.24 +/- acres Water Source: Well Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The Applicant has proposed a well as the source of adequate water. Property owners are advised that the quantity of water available for usage may be limited to specific uses,i.e.,"Domestic Use Only,"etc. Because each situation is unique,the Department of Planning Services encourages property owners to contact the Office of the State Engineer,Division of Water Resources(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2003-3547 • • 3. Topographic or physical features, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: ,9/ The plat shall be titled: Amended Recorded Exemption No. 1471-30-4 AMRE-470. B. The applicant shall use the existing access point as no additional accesses shall be granted. C/ All approved accesses shall be clearly shown on the plat. D,/ County Road 4 is designated on the Road Capital Improvement Plan Map as a collector status 7 road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of- way.A total of 40 feet from the centerline of County Road 4 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 4.This road is maintained by Weld County. y The applicant shall attempt to address the requirements (concerns) of the Brighton Fire / Protection District, as stated in the referral response received September 2, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F/. The applicant shall attempt to address the requirements (concerns)of the City of Fort Lupton, as stated in the referral response received September 2, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. SE-998 and SE-997 were approved in conjunction with this Amended Recorded Exemption. All of the conditions for SE-997 and SE-998 must be met. H. All septic systems and structures must be on the appropriate lot. Prior to recording the plat the Weld County Department of Planning Services recommends that the applicant review the Weld County Code pertaining to septic systems and structures to assure that any installed septic system and existing structure will comply with all setback requirements found in the Code. The following notes shall be placed on the plat: 1) SE-998 and SE-997 were approved in conjunction with this Amended Recorded Exemption for the adjustments of property lines between three contiguous parcels. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B,E, H, I,M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. • • 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 6) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 7) 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. 8) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 9) Prior to the release of building permits, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code,if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 10) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas,in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps( co.weld.co.us. 7. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date September 18, 2003 Jacqueline Hatch Planner Plat Checklistr. l f POC• Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet ,� ,� Lettering No stick-on lettering / Minimum 8 pt.lettering Boundaries of Lots ✓ T Scale Suitable Scale? (1"=200'or 1" 100') ., / • Accesses indicated Sliaxed Access?if so,is easement Certificate included? Roads labeled, including ' . ]Z..O.W ✓ • Building Envelope(s) pi i Vicinity Map Suitable Scale? (Minimum 1"= 600') North Anew f -✓ f,egal Description — v'' Notes from Planner/ '/ Development Standards j ;/ Conditions of Approval `j . C- );e,---1` `ice �t_ i • . Owner's Certificate Notarial Certificate included'?All owners must sign the plat, / • check the deed• v, Surveyor's Certificate and All surveyed plats __ ISurveyor's Stamp Note:USR plats do not need to be surveyed ..---- I Director of Planning Notarial Certificate included? (RE,513,SPR, Final 1'U.D if Certificate Staff Approved) • l/ O Planning Commission, (USR,COZ,Minor Sub.Final) Certificate - Board Certificate (USR,COZ„Minor Sub Final) • • (Final PUD, RE, SE&ZPMH if Board approved) • ' ' rypicaI Road Cross Section (COZ,Final Minor Sub• and Final PL.)) • easements ease return the plat to the CAD Technician within 24 hours of receiving the plot. • • 1imon Cali:\4-01'f)-- (Initials) (2 9 (4) i 1 / Inner S iguat�lre; , r/' / i ` ate; l WELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICE 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100,ExT. 3540 -FAX(970) 304-6498 DATE: 2 C 2001 RECEIPT 09722 RECEIVED FROM: T 1. S it ti - C NO. TYPE FEES /,1 vr_ 4221 RE/SE 1 z yc (� c' Li V 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. O CASH 1 '` CI CK NO: S 0 f 6 yel 16 "7 s TOTAL BY: `_ --�f 1TT �L t ! / WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY,COLORADO E-`, -5,,„EPARTMENT OF PLANNING SERVICES 1555 N.17TH AVENUE GREELEY,CO 80631 PHONE P (970)353-6100,EXT.3540-FAX(970)304-6498 DATE: I,/�/O4 20 RECEIPT 1 Li 1 80 RECEIVED FROM: �i(j) "'jl01oA✓ NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION I 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 4 560 RECORDING FEE p Ai FL,/ 47 g MISC. 'CASH O CHECK NO: TOTAL t. . BY: , t,---\%:\\,..\\)- '\'N1 WHITE-CUSTOMER CANARY-FINANCE PINK-FILE DEC 17 '62 Na:54Fr =OSTER ECUIIPMENT CO F'.2, PROPERTIES, INC. 12739 Weld County Road 4 Brighton,Colorado 80603 303-659-3900 December 17, 2003 Weld County Department of Planning Services 1555 North 17th Avenue Greeley,Colorado 80631 Subject: Written acknowledgement of Septic System Requirements regarding AMRE-470 and SE-997. To Whom It May Concern, We will observe the county requirements regarding installation of septic system such as offsets,etc. We do not have building plans or a site plan yet. fi:ap7k- Ne Foster Presi ent INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax: (970)635-9775 LETTER OF TRANSMITTAL DATE: Friday, December 05, 2003 PROJECT NO.: P-5424 TO: Jacqueline Hatch RE: Foster-Reed, Subdivision Exemption 997, 998 & Amended CRE 470 WE ARE SENDING YOU: ( x ) Delivery ( ) Mail ( )Fax Pages ( ) Attached ( )Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: (2) SE 997 (2) SE 998 (2) Amended Corrected RE 470 (1) Response to Fort Lupton Referral (1) Response to Brighton Fire District Referral (1) Articles of Amendment to the Articles of Incorporation for Foster- Reed, Inc (showing Neal D. Foster as President) (1) Septic Information at 12739 WCR 4 ( ) For your use ( X ) For approval ( ) Reply requested ( ) For your files ( ) For signature(s) ( ) Please return ( ) As requested ( ) For review/ comment ( ) Other REMARKS: If we can be of further assistance, please don't hesitate to call. Sinc ly J. s osdick IN RMILL LAND SURVEYING, INC. 'CV 25 'Ca ii:4@P" =OETE EQUIPMENT CC F.4 '4 IIPMail to: Secretary of State or office use only 002 `: Corporations Section 1/4 ,. 'r`,;; (iv ` 1560 Broadway, Suite 200 Denver, CO 80202 (303)894-2251 MUST BE TYPED Fax (303) 894-2242 c:-,,10G19= M -$25.;;u FILING FEE: $25.00 SEC Ti4i1 :1 '.'Ali MUST SUBMIT TWO COPIES i-U&-'r i ::2 i ARTICLES OF AMENDMENT Please include a typed TO THE self-addressed envelope ARTICLES OF INCORPORATION Pursuant to the provisions of the Colorado Business Corporation Act,the undersigned corporation adopts the following Articles of Amendment to 45 Articles of Incorporation: FIRST: The name of the corporation is_foster--Reed,Inc. SECOND:The following amendment to the Articles of Incorporation was adopted on December 1996 , as prescribed by the Colorado Business Corporation Act,in the manner marked with an X below: No shares have teen issued or Directors Elected- Action by Incorporators __., No shares have been issued but Directors Elected-Action by Directors Such amendment was adopted by the board of directors where shares have been issued and shareholder action was not required. x - Such amendment was adopted by a vote of the shareholders. The number of shares voted for the amendment was sufficient for approval. THIRD: If changing corporate name,the new name of the corporation is Foster Properties. Inc. FOURTH: The manner,if not setforth in such amendment.in which any exchange,reclassification,or cancellation of issued shares provided for in the amendment shall be effected,is as follows: N/A If these amendments are to have a delayed effective date, please list that date: N/A (Not to exceed ninety(90) days from the date of firing) FOSTER-REED,IMQT) / ., Signature 6� r A.i / _ 1-- gc. — Neal Foster Title Revised 7/95 'ACV 25 'E3 12:39PM POSTEECUIPMENT CC P.2/4 • FEW 12739 Weld County Road 4 Brighton,Colorado 80603 303-659-3900 November 21,2003 Weld County Department of Planning Services 1555 North 170i Avenue Greeley,Colorado 80631 Subject: Written Submittal Addressing Concerns Of Referral Letter From City Of Fort Lupton regarding AMRE-470 To Whom It May Concern. We have reviewed Fort Lupton's response and have determined there are no concerns. The Referral response from the City of Fort Lupton stated that they find no conflicts of interest. Since (4s. Neal Poster President NOV 25 '23 12:399' rOSTEakP EGUIPNENT CC F.3/4 IIP • M17471PR0PERTIES, lNC. 12739 Weld County Road 4 Brighton,Colorado 80603 303-6594900 November 21,2003 Weld County Department of Planning Services 1555 North 17a'Avenue Greeley,Colorado 80631 Subject: Written Submittal Addressing Concerns Of Referral Letter From Brighton Fire Protection District regarding AMRE-470 To Whom It May Concern, We have reviewed the referral letter from Brighton Fire Protection District and have determined there are no concerns. The Referral response from the Brighton Fire Protection District states that they have no issues on AMRE-470. Plans for future utilities,access,and addressing will be submitted for approval. Sincere y, A fi Neal osier President S DEPARTMENT OF PLANNING SERVICES (it 6 1555 N. 17th Avenue Greeley EC 80631 0 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 I C. COLORADO August 4, 2003 Foster Properties do Intermill Land Surveying 1301 North Cleveland Avenue Loveland CO 80537 Subject: Am RE-470 A Recorded Exemption located on a parcel of land described as part SE4 Section 30, Ti N, T66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Brighton, Fort Lupton and Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Brighton, Fort Lupton and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Brighton at(303)655-2023,Fort Lupton at(303)857-6694 and Lochbuie at(303) 655-9308, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Jacqueline Hatch Planner • • INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax: (970)635-9775 LETTER OF TRANSMITTAL DATE: Friday, July 25, 2003 PROJECT NO.: P-5424 TO: Weld County Department of Planning RE: (2) Subdivision Exemption and (1) Amended Corrected RE Applications WE ARE SENDING YOU: ( x ) Delivery ( ) Mail ( )Fax Pages ( ) Attached ( ) Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: (2) Application packet for two Subdivision Exemptions (1) Application packet for Amended Corrected Recorded Exemption ( x ) For your use ( )For approval ( ) Reply requested ( ) For your files ( ) For signature(s) ( ) Please return ( ) As requested ( ) For review/comment ( ) Other REMARKS: These three applications are for the purpose of adjusting the property lines of three parcels of land all adjoining each other. The sequence begins by adjusting the Brenning property with the SE. Next, the Foster Properties, Inc. property is adjusted with the second SE. Last, the Amended RE on the Foster-Rs4 Inc property completes the process. Please Contact us if we may be of assistance. x Sincerel , (, l Jarvis Fosdick INTERMILLr S VEY G, INC. o • 1 tc ENT OF PLANNING SERVICES 1555 N.:, 17tAVENUE �WIIURGE' EY COLORADO 80631 r• EES l E: www.co.weld.co.us COLORADO PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 October 11, 2002 Foster Equipment Company Attention: Rob Jordan 12739 CR #4 Brighton, CO 80603 Subj: Property Research Request: Part of the Southwest Quarter of the Southeast Quarter, Section 30, Township 1 North, Range 66 West of the 6th Prime Meridian, Weld County, Colorado Dear Mr. Jordan The Department of Planning Services Staff has reviewed the information you have provided as well as checked archival material for the property described above. Based on the additional information and your previous discussions with Kim Ogle, the Department of Planning Services Staff has determined that the following procedures 1) lot line adjustment(s), 2)followed by an Amended Recorded Exemption are the appropriate methods to accomplish your stated purpose. Should you have questions or need further assistance, please do not hesitate to contact the Department of Planning Services Staff. Sincerely, Robert Anderson . Planner cc: Property Research SPR-273 1 • • i f: _ ,r /Pi* /P DEP''P T MEN T OF PLANNING SERVICES c) ,.. 1555 NORTH 17th A.'ENUE GREELEY, COLORADO 80631 a WEBSI T E: www.co.we:=1.co.us COLORADO PHONE (970) 353-6100, EXT. 3540 FAX (970)304-6498 February 13, 2002 Foster Equipment Company Attention: Rob Jordan 12739 CR# 4 Brighton, CO 80603 Subj: Property Research Request: Part of the Southwest Quarter of the Southeast Quarter, Section 30, Township 1 North, Range 66 West of the 6th Prime Meridian, Weld County, Colorado Dear Mr. Jordan The Department of Planning Services Staff has reviewed the additional information you have provided as well as checked archival material for the property described above. Based on the additional information,the Department of Planning Services Staff has determined that the Brenning parcel identified as 1471-30-0-00-078 is considered a legal and buildable parcel. Should you have questions or need further assistance, please do not hesitate to contact the Department of Planning Services Staff. Sincerely, Robert Anderson •:• Planner Ill FIELD CHECK Inspection Date: el t t(03 APPLICANT: Foster Properties c/o Intermill Land Surveying CASE # : AMRE-470 REQUEST: Recorded Exemption LEGAL: Pt SE 1/4 Section 30, T1 N, R66W LOCATION: North of and adjacent to WCR 4 and approximately 1/4 east of Highway 85. PARCEL ID #: 1471 30 000024 ACRES: 4.24 +/- Zoning Land,Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S 1-3 S 1-3 W 1-3 W 1-3 COMMENTS: The lot is flat with a commercial business on it. There is a chainlink fence around the back side of the property. The lot has outdoor storage. No landscaping was present. There are additional industrial/commercial uses to the east and south of the property. Farm land is located to the north and west of the property. Jacqueline Hatch, Planner �1� �; i' APPLICATION FLOW SHEET COLORADO L`D� C APPLICANT: Foster Properties do Intermill Land Surveying CASE # : AMRE-470 REQUEST: Recorded Exemption LEGAL: Pt SE 1/4 Section 30, -11 N, R66W LOCATION: North of and adjacent to WCR 4 and approximately 1/4 east of Highway 85. PARCEL ID #: 1471 30 000024 ACRES: 4.24 +/- Date By Application Received July 25, 2003 JH Application Completed July 25, 2003 JH Referrals listed Aug 1, 2003 JH Design Review Meeting (PUD) File assembled S x-14.O 3 PM Letter to applicant mailed S -{ 03 1 Vicinity map prepared Aug 1, 2003 JH Referrals mailed e•4 •Cr3 ?��1 Chaindexed _),4-03 DU Field check by DPS staff tiAllAbS Administrative Review decision: Q w�. tti I u-N Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning 1-3 MUD Yes No_X_ IGA Yes No_X Ord. Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No X Panel #080266 0983C Road Impact Area _Weld County AvvieJt1 C,oricJel. RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 © 0 Ego O❑ _o_❑O ❑� _ L `f❑ (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description Lo 4 A, Corrt_4td iZ `/'7O , Section3O, Township t North, Range f¢6 West Has the properly been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_No X FEE OWNER(S)OF THE PROPERTY: Name: F Ier Praffejes . INC Work Phone#(?c3) /G5q-37OoHome Phone# Email Address Address: 1'Z; 39 \.14 C. q City/State/ZipCode gii,( Lzi (-O ROc,fl!- `'2,01 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: rrLte,.4 L( LaAi Sur\let r.ot r LOC. / Work Phone f(1?03 (4?-OS/G Home Phone# Email Address (,.,,,,,;t( @ zr,.xs{ ,,,,.(- Address: 130( (\)or 4-IA_ C(eoe(ap d /,o8, City/State2ip Code LoUB(,Zrnd , CA 2053R- Smaller Parcel (Lot ) Larger Parcel (Lot ) Other Parcel (Lot ) RE/SE Water Source \/\./e(/ 472 A/a Type of Sewer p,o yos,c.6 Sce-1-c. r//a 4/2 Proposed Use /tone /14 ti7z Acreage LI 2.11± Ala' n(‘ Existing Dwellings? Yes o (Circle one-if Yes or No(Circle one- if Yes or No(Circle one- if Yes, Iis address below ) Yes, list address below) Yes, list address below ) If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I(We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We)hereby depose and slate under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures oflall 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 Showing the signatory has to legal authority to sign for the corporation. ',l fC'e.c.. a.7 7-i-cJ Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- • • Amended Recorded Exemption Questionnaire Lot A of Corrected Recorded Exemption No. 1471-30-4-RE470, Situate In Part of the Southeast Quarter of Section 30, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado 1. Water Supply Statement Currently there is a domestic water well located on the site with permit number 116824. A copy of the permit is not available at this time; however, record of said well is found in the Warranty Deed as shown in the enclosed packet titled Water Service Availability. At the request of the Department of Planning Services a copy of the Well Permit will be furnished. 2. Sewage Disposal Statement No improvements exist or are scheduled for the property at this time. At the time construction is approved Lot A will install an individual sewage disposal system. The septic system will be installed in compliance with requirements and regulations of the A (Agricultural) Zone District and the Weld County Health Department. 3. Description of Property Use This property contains 4.1±acres of prime if irrigated farm ground. The land is not currently used and is seeded with a grass ground cover. 4. Location, Size, & Present and Future Use of the Site The property is located approximately 4 miles South of Fort Lupton in a portion of the Southeast Quarter of Section 30-1-66. This Amended Recorded Exemption is concurrent with two Subdivision Exemption Proposals and is for the purpose of adjusting the property lines between three different properties. Specifically this proposed Amended Recorded Exemption is to align the property line with an existing fence line that has traditionally been the perceived property boundary. There are no plans to create any addition parcels or properties with this proposal. 5. Unique Physical Characteristics The property contains no unique physical characteristics. 6. Building Envelope Statement No building envelope will be designated at this time, due to the small size of the lot. 7. Use by Special Review There is no Use by Special Review Associated with the proposed Amended Recorded Exemption. 0 0 A holl C Pill LP IIEED CORRC-- C -re CD RECORIII3EED CEXC- 4I T I 0 Plod lVO. LOT A OF CORRECTED RECORDED EXEMPTION No. 1471-30-4-RE470, SITUATE IN PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO / 1/f6 SEC 30 ' zoox 3 °3' 30 416,2/ p S00'04'18'w $ 3iJ.79' 1 n N89 59'10"E 434.82' sseta `we 15.43' ;_ — — 03 Q 8 "4 -•:RE .470 LOT A ri :,•f)-- , . .. . - p 4 ± Acres , at I8469 & . 12 S . .. . . F . *8 i4 ,, . . .. ... ;. . .. =.; y C 1 law'... / •..`J bN8959.57 E 331.50' 45i0' - w C R /� I _ N5952'57-E 093464• �Ir- \ E1 o ss9�s9'srw , \—SEC 6 ,.r Al Nn 6 Rmv Sa' i a 13.83 .Ita y-1/Y din Nan- C �oiat..9w�BN.c O ''.: . . ' . . .. .1/ ;: t s[ a, 2002 .. 4l::ri. 1I OZ i" - izo• S ROport Gate: 07/25/2003 01:49PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1026702 ASSESSED TO: FOSTER PROPERTIES INC 12739 WELD CO RD 4 BRIGHTON, CO 80601 LEGAL DESCRIPTION: PT SE4SE4 30-1-66 LOT A CORR REC EXEMPT RE-470 PARCEL: 147130000024 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 45.56 0.00 0.00 45.56 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/25/2003 0.00 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2522 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 10.82 AGRICULTUR 1,852 540 SCHOOL DIST 27J 47.016 25.41 CCW WATER 0.871 0.47 TOTAL 1,852 540 CCS WATER 3.850 2.08 BRIGHTON FIRE 9.295 5.02 WELD LIBRARY 3.249 1.76 TAXES FOR 2002 84.337 45.56 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 AMOUR IS 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. Signed ga(77(2 ' Date 3 • REFERRAL LIST . NAME: Foster Properties c/o Intermill Land Surveying CASE NUMBER:AmRE-470 REFERRALS SENT:August 4,2003 REFERRALS TO BE RECEIVED BY: September 2,2003 COUNTY TOWNS and CITIES _Attorney _Ault _X Health Department _X_Brighton _Extension Service _Broomfield _Emergency Management Office Dacono Sheriffs Office _Eaton X_Public Works _Erie _Housing Authority Evans Airport Authority _Firestone _Building Inspection _X Fort Lupton X_Code Enforcement _Frederick STATE _Garden City _Division of Water Resources Gilcrest Geological Survey 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 X Loveland X_Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS _Milliken _Ault F-1 _New Raymer _Berthoud F-2 Northglenn Briggsdale F-24 _Nunn _X_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 _X_Adams Nunn F-12 _Boulder _Pawnee F-22 Larimer Platteville F-13 _Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 _Federal Aviation Administration Windsor/Severance F-17 _Federal Communication Commission Wiggins F-18 _Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER _Fort Collins X_School District RE-27J Greeley _Ditch Company Longmont X_West Adams //' Referral List ,r L/ Name: -17D J-T-e-4_ et •se# /1/4 ! 7 U County V Towns&Cities Fire Districts _Attomey _Ault _Ault F-1 SNeaNh Departryd, _Berthoud _Berthoud F-2 - Extension-Office -Brighton _BriggsdaleF-24 _Emergency Management Office-Ed Herring _Dacono Brighton F3- _Sheriffs Office _Eaton _Eaton F-4 JL,Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection_ r Fort Lupton _Johnstown F-8 .. Sods Compliance it —) Frederick _LaSalle F-9 Assessor ce/Chris Woodruff(Final Plan) Garden City _Mountain View F-10 - _Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 _Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 _Ambulance Services _Grover _Pawnee F-22 State _Hudson _Platteville F-1,3 _- _Div.of Water Resources _Johnstown _Platte Valley F-14 Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation LaSalle _Southeast Weld F-16 _Historical Society Lachbule _Union Colony F-26 _Water Conservation Board rgmont Western Hills F-20 _Oil&Gas Conservation Commission Mead _Wiggins F-18 Division of Wildlife Milliken _Windsor/Severance F-17 *South Hwy 66(Loveland) _New Raymer_North Hwy 66(Greeley) Northglenn Legal l// ek R Ill c) 3 u -( - C 6 _Division of Minerals/Geology _Nunn Parcel ID# t ..1 i 5 J CC t u L1 Soil Conservation Districts _Pierce Zone I --5 Acres? 4, l 1 _Big Thompson _Platteville USDA _BbulderValley _Severance Airport ---- Brighton Thornton Geo Haz 13 J _Centennial _Windsor FP? N° Panel# eltiA C- • _Fort Collins Counties Road Impact Fee Area? C/3 LA-t, _Greeley kpdams _, _Longmont Boulder IGA? ✓ ORD# _Morgan _Broomfield MUD? N' _Platte Valley __Lorimer _Southeast Weld Other -- West Adams , Central Colo.Water Conservancy Dist Federal Government Agencies _Left Hand Water _US Army Corps of Engrs ' $ehool District RE-d-1 1 & n-.,.-) �� _USDA-APHIS Vet Service _Art Elmquist(MUD Area) F _Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner _Federal Communications Comm • AUG 6 2003 I WELD•)...UN;Y PUELIC WONAS D'?i C Weld County Referral COLORADO August 4, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Foster Properties do Intermill Case Number AmRE-470 Land Surveying Please Reply By September 2, 2003 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Part SE4 Section 30, TIN, T66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and approximately 1/4 mile east of Hwy 85. For a more precise location, see legal. Parcel Number 1471 30 000024 41 -4 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ASee attached letter. Comments: Signature 41.1 4(/ (7 - nl -03, Agency a4 L,L (J &s Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4•(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld Cc Tit 104H. MEMORANDUM TO: Jacqueline Hatch, Planner DATE: 9/9/2003 FROM: Donald Carroll, Engineering Administrator a C SUBJECT: AmRE-470, Foster Properties • COLORADO c/o Intermill Land Surveying The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 4 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The applicant shall utilize the existing access to this parcel. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. AmRE-470 M:\PLANNING\RE-9.DOC 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 6 1. Applicant Name / Phone 303 / —3400 Address City State CO Zip,ROGOL 2. Address or Location of Access (j-a& 4.1e. c ti Section 10 Township u I Range bdivision Block Lot Weld County Road#: ( Side of Roa Distance from nearest intersection , ..)4I 3. Is there an existing access(es)to the property? Yes r/ No #of Accesses l 4. Proposed Use: U Permanent U Residential/Agricultural U Industrial U Temporary U Subdivision U Commercial 14 Other apes • 5. Site Sketch Legend for Access Description: AG = Agricultural I RES = Residential O&G = Oil &Gas D.R. = Ditch Road = House O = Shed Ni sprit .w OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized U Information Insufficient Reviewed By: Title: -6- WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: 7- RE#: M"^ 7-76.9 Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley,Colorado 80632 ff {� Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name T �4P L (C�PAt19Sr 2f0f� Phone 303 � •OO Address I? �Zt1 VJc'� iL City B State CO Zip ,'.• . 2. Address or Location of Access trjf k e, Section lo Township I Range bdivision Block Lot Weld County Road#: -( Side of Roa Distance from nearest intersection , 3. Is there an existing access(es)to the property? Yes -24 No #of Accesses 4. Proposed Use: U Permanent U Residential/Agricultural U Industrial U Temporary U Subdivision U Commercial r4 Other dere, 5. Site Sketch Legend for Access Description: AG = Agricultural 1 1 RES = ResidentialII-- O&G = Oil&Gas D.R. = Ditch Road = House O = Shed y " Ni asst ri fibt OFFICE US 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: -6- Memorandum TO: , W.C. Planning, Jacqueline Hatch DATE: August 27, 2003 COLORADO FROM: Deborah Blandin, EH Services CASE: AMRE- 470 APPLICANT: Foster Properties Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners should verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1) This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\AMRE-470.rtf • • cur, *It p Weld County Referral C. COLORADO August 4, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Foster Properties do Intermill Case Number AmRE-470 Land Surveying Please Reply By September 2, 2003 Planner Jacqueline Hatch Project Amended Recorded Exemption Lot- cc ref 4O RE- i-1rlr) Legal Part SE4 Section 30, TIN, T66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and approximately 1/4 mile east of Hwy 85. For a more precise location, see legal. Parcel Number 1471 30 000024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. �❑y, We have reviewed the request and find that it does/does not comply with our Comprehensive Plan !d We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Ucnn Cf VlLu L, tYu l @ u.n G ( tmt-1 c_.t i It t Cittia c.7 tA: ,\4_ nHf,ci Signature `(S An S y-i Y'J Agency LYNN 1 wail kyrI_ Date :•Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 •3(970)353-6100 ext.3540 +(970)304-6498 fax Sep 07 03 06: 21p Division of Wildlife 303-776-6663 p. 2 i p C Weld County. Referral COLORADO August 4, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Foster Properties c/o Intermill Case Number AmRE-470 Land Surveying Please Reply By September 2, 2003 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Part SE4 Section 30, T1 N, T66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and approximately 1/4 mile east of Hwy 85. For a more precise location, see legal. Parcel Number 1471 30 000024 ,r. m.. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U y We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ryu Y- We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature 9Zefe--- _71/ 07 3- n Oj Agency C�t O /Ji✓ u/iGU� �i'� Date XCZ) Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 •-(970)353-6100 ext.3540 +(970)304-6498 fax d Weleunty Planning Department Copy • GREELEY OFFICE ttiri SEP l 2003Cy T hiDe RECEIVED Weld County Referral COLORADO August 4, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Foster Properties c/o Intermill Case Number AmRE-470 Land Surveying Please Reply By September 2, 2003 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Part SE4 Section 30, T1 N, T66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and approximately 1/4 mile east of Hwy 85. For a more precise location, see legal. Parcel Number 1471 30 000024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan lEi. We have reviewed the request and find no conflicts with our interests. a See attached letter. Comments: READ Mnti'Mo—pahi- eics4 f._O1 - ) ?AY ?Fart flranlepz tai it.ite Of lfl FAAev G .1D gntngt 6144 oLS A.rslib Ft ftE ??.O'Ce.o..rtot3 0fel-nztr.-r . SignatureC�iC�Jt38) 8/7 Afil3 Agency G frr Y or refs-r Lf.lernki Date ...Weld County Planning Dept. <•1555 N. 17th Ave.Greeley, CO.80631 :•(970)353-6100 ext.3540 )(970)304-6498 fax tS<i1 IUN 5L:MUUL L151 SOSESSZSOS 08/08/0._ OS:=7pm P. 001 cte 1J WilDeWeld County Referral COLORADO August 4, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Foster Properties c/o Intermill Case Number AmRE-470 9 Land Surveying Please Reply By September 2, 2003 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Part SE4 Section 30, Ti N, T66W of the 6th P.M., Weld County, Colorado. • Location North of and adjacent to CR 4 and approximately 1/4 mile east of Hwy 85. For a more precise location, see legal. Parcel Number 1471 30 000024 The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature C- � L` laaf't t�tti�t' n �us•__� �. r.e.[ 2 Agency r JDate :•Weld County Planning Dept. t1555 N. 17th Ave. Greeley, CO. 80631 t(970)353-6100 ext.3540 +(970)304-6498 fax Sep 02 03 ❑8: 15a BRIGHTON FIRE PREY. p. 1 • • • It i '1/4,• S E T ` 071ECIO rA oei GREATER BRIGHTON FIRE PROTECTION DISTRICT 425 South Main Street Brighton,Colorado 80601 Phone: 303-659-4101 Fax:659-4103 FACSIMILE TRANSMISSION DATE: Wz/d3 FAX NUMBEIL- (c1 —(Y 9, TO: (J tD coc..147 4 L el tisli� ATTENTION: X*c&&, irg6 1•F4nft FROM: 7hb C.,pEK Number of pages being sent (including this page): Z THE ORIGINAL WILL WILL NOT / FOLLOW. URGENT: YES NO IF THERE IS A PROBLEM WITH THIS TRANSMISSION, PLEASE CALL 303-6594101 - Confidentiality: the information contained in this facsimile message is legally privileged. Confidential information or work product intended only for the use of the individual or entry above- if the reader of this message is not the recipient you are here by notified that any use, dissemination, distribution or coping of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify the sender by telephone and return the original message to us at the address above via United Postal Service. MESSAGE: eL-- _ /� lr -470 Sep 02 03 OH: 16a BRIGHTON FIRE PREY. p. 2 • • • 4:49,147. i RIGHT, ,. GREATER BRIGHTON et:I / . L S. F D • FIRE PROTECTION DISTRICT 1 %` I R 5 /ems . 425 South Main Street Brighton,Colorado 80601 www.gbfpd.org RorEc0 Weld County Department of Planning September 1, 2003 C/o Jacqueline Hatch, Planner 1555 N. 17th Ave. Greeley, Colorado 80631 Subject: Case number AmRE-470 The following comments are made in response to the above noted site plan review. The Uniform Fire Code, 1997 Edition, and other codes or standards referenced within the Fire Codes as adopted by the City Council of Brighton, governs these comments and resulting requirements. General Comment: 1. The Fire District has no issues regarding the Amended Recorded Exemption. Plans for future building including utilities, access, and addressing shall be submitted to the Fire District for approval. Should there be any questions concerning these requirements, please do no hesitate to contact this office. 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Cleveland Avenue Loveland, CC 80537 Attn: Jarvis Fosdick Order Nc. LX68935B July 16, 2003 RE: Foster Properties Inc . / TAD T isj revised commitment reflects changes to the following items : Certificate of Conveyance Update We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact our title department at 970-356-3232 . cc : ,10L-25-0c FR: 10:28 AM Rai CCUXTY TITLE-3NTN FAX NJ, 970 6 3248 P. 03/10 CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) Order No. LXG8935A COUNTY OF WELD ) The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of Its records, and finds the following conveyances affecting the real estate described herein since Aucust 30 , 1972, and the most recent deed recorded prior to August 30 , 1972 : LEGAL DESCRIPTION: Lot A of Corrected Recorded Exemption No. 1471 7 -4-RE470,the SE recorded August 21, 2001 as Reception No. 2876372, being a par t 4 of Section 3C, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Back 577 Reception No. 1499022 —_- .J Book 1036 Reception No. 1974039 v Bcok 1564 Reception No. 2527044 J5ook N/A Reception No. 2889355 Book Reception No. Book _ Reception No. Book _ Reception No. Book _ Reception No. Book _ Reception No. Book _ _ Reception No. Book _ Reception No. _ Book __ Reception No. Bock Reception No. This Certificate ;s made for the use and benefit Df the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 30th day of June, 2003 at 7 :00 A.N:. WELD COUNTY TITLE COMPANY By: web,tb Author zed Signatory minionillegillin.,.:::.��.•. CORRECTED RECORDED EXEMPTION No. 1471-30-4-REL}70 11976 ;' w S;:Ats 1. .. %ow A PART OF THE I[ SOUTHEAST ONE—QUARTER SECTION 3O, 119 ccn • _- �: TOWNS-UP I NORTH. RANGE 66 WEST OF THE S+XTH PRINCIPAL MERIDIAN, a WELD COUNTY, COI DRAW `" r,rr.�11.v 4 Ir r' Tafie±• aft low w.ti.w O W)ekr..,;u.. / .4..�ri Fultz M. I it Mi1�'L..i/+..w r Nr wt M/1 w N 1.1Yw.�4 ,� I ; ! �,.._ ...•.....IAA ••t........«. , CO AL II=..,.... ... ._111...orre_jrnor.. ___1,11ACJ ) / ...rJ••rd.Mtir AMA".on...I.mama.. .y.rl_ ! i •// f WA.Anil A r.rw..a....• •• r ! ....ot an•••on I ` t�.'.'w w w�rr...�. I r ...o..rc AMA. t J I /0' ¢:r w �� •h,, t..tiR D.J7 awe 0.•c).MN /• 7 1 tl..tiw..w t.r....+r..M..MY.. .�...Ur g � ~ 'l • ` / Y tfwl.ter M1.ir _ �1 q.t7iM.Iy.• //� n-.I OM ti w rte'« eon=AY.AI • i r2 MrM0 OPO-O-V.AYow. Al nryNN1.r I en. 1 r� f ..r•.w•••..M w i•w M w rn Anon - - asn w.e:L.._ .� I:n� l �..~.M...d..44 r+4 N•-.i'Iw•r. r i------' yy. %/ illi --1- -- -___ ___. ...�i ----- -_.... _6,...,_____ �W / OS w err ,.-"`•.,"nonn.•....I. .•a«•.. �.: rt.'t-NA I - // J t�r'.°mrwe ...,...., __ .Ai I l 1 1j�� 1 Tin•:.' v .n emu x«.s.w w Mom a� . L.�ww _ , .�s-•M.nnNrom•...o l°x-).J i r ----- -- RECORDDJ EXEMPTION — PART Or TSa£SEf� - � ,u;N}�/ � N per, w (:r.1 EQ, T-l_P A4i'..66'' 1 NORTH, Y. Q_O R $T - M+-�'F+ Mw �• — r Uf SHF- l_N.M;N'E�f1 C JYTY, tOitAL'0 ___ �—w a,.r au __ Ft, �wL atl,I sn . U .n . SXLu ww ]0.199.51. 63 wE 7fl76372-2001.001 ^ 3 ;UL-2h 03 FR: 1U3. AM W �3 CCU [Y 1TLE-;NTN FAX; N3. 97:o 3248 9, 05/IC K. I JAN 11 '9&7 ;, Lm T/' 511 e,: ran I 4".... NE5 14S)70.1.Z_.. iISHiRLE MILLER 6ROC'r,S FGRAERLY �.. 1 SkIRLE P. 1�ILLER, TRUSSES �I ,elmea eddrear 6 14u2 Q:,Ee Ec STPEEf, DENVER I' Ci Et AND C'ilnh'of :ENVER ,Led Rate it I N1 I CDLOPAOC ,ter the:onaiderntiar of !I I _ CA it Ile lnrf,lnl and f.'.1:,llarety s6l s;nnL nonvey El ta. . 'I II _ EV5 6RA4CUCC. Il ... "'","Ss- -(� �� [runt/Cf vu.) nl:osc urllnxe's .. WE 0 ,¢nd Slide Di COLE PA DC Ibe foltcwirB reel pi apertY in tie: I . 'HELD ,and Stale cf • Col Drain,l,n.wit: I I C0¢n:y r( ." P'.^c el i TY t� ,'art of it 31a 51i} of Sec`.ion )0, mc y'.3 1 :forth, Poe rv;.//e..uoa, ',t, id Cntcnty, Ce7.orsdo, Beet rlbcd ;t.: . �' 'ee F,Snn Lrd Ill the bou s.^.r•,.rt center e' hid ;]^.a lien 30 thence re dE.iT Rlcag the 3oath line of ar-.id 5E333 , n di hence of ^15.'16 - UOR • x foot; o=nce �..Tri, n d1,t:.nce of 30.0 feet to the true point •'�R of be,-1r_ning; thrr.er continuing NUHTH, a distance cf 1.62.1.'. ' feet; thence ?17"33'L7"F, a flint-donee of 3i.•'4 feet; thence 584°53fT�"E, ''- distance of 41f/4 feet to a point on_the i deeterly R.c.:. line of the Union Rtcific ;tailread, said point be in;. 20.'.00 font dosterly of and mecnured at ri;'!:t ` angles '- the centerline of onid Union Facifia Rnilroed; • thence 1.14'01'30"E along [aid Weoterly ".u,". lire, 3 dietrutcc of 1176.07 feet to a point on the Sorth line c'. .:.t id i s}sE}; thence Yc;9°57' along acid Korttt liar, :, dist:.:.cc of • 1137.14 feet to the aorthvett corner of said JC}SSi; thence 4300°02''t (Uteri; the ',teat lime of acid ? 'SEi, a distance of 129..^..60 fent to n point 30.0 feet North of the Costhvert . corner of said 3.3,21}: thence 3A3T and nr:11e1 to the :cons line of avid DE.}CC-1, a distance of 40y.;0 feet to the tr:e p^lnt of beginning, E:AC E'"T th,.t parcel of J:uid :11 described in Bonk 190 at 1'::re 530, 'v, 1(1 Cotsity rec.:r ts. Contn!nr. - r7 5r re; 'Oro or Ion,. If ANO ALL INTERESTS r', AND TO IRRIGATION WELLS, DITCH RICA'S, AND ICI WAtWh all tsappts'cnarte,nrd warren;is) Ile title In t'ile sense,subject to 1966 GENERAL TAXES, I tAND SUBJECT TO RIGHTS OR NAY, EASEJENTS AND RESERVAT'.CNS cr RECORD, it ANY. III II It SI- od-tb+rc--"S7f1'M.bGrF :i,r. 4o?o,.= DECEMBER 1966 I �lC'T;40 S 1�r •� n000PI1 RY - :4716. �� "a r A. „"C. ,:e e, B'�r'fi TOl@E_get,,...-47/. i .e?/ 721•4 4'v, i �d.�: A <v......... .. .............. . ............ i 9T119`i OF COLORADO 1m. C'TY AY CoV¢6v0= DENVER PA,oregalar:ilstrunent,was ae nowccdged before Inc ti THIRTIETH a a k E R,v I, )p�' fy,E41ER :766-by 5H VRLEY NI—LER 6R06KS, II �Jp`gF'fRL c; ",IILLER.,TRus7EE. i I yP�: n , / 7 %. II I 110TSFeelefafrs-n expires `/1(ci.!.f./ E / ii 1 '1PTt sE EnyS ?nd an 1 oRl^'.¢1 c¢1 C.• ,2/ L ,,,„.i u I.r, m eunmap.t.-r.ef'n In Iasi":mn ae o• a mar. mr'mo e.eor e`•L..mniii:r r"'e, cc,. Yra�l Awbpe W,a�..,auL—^.tY Iww:e'.rvon nr r n+Fr�r�wTatfk.en.¢a.IM°rol0�m e�aM1�r'rI«n of uevn�ecn Ii Y1ruion, .Trivet-I, ea,i^rot er4 C,n 't�sme of,Vd.p — — _(__ ti No PRi.Wnnrr II,'1 9 r n.—]..111.1)A.Imo led IIII •tll.l(ik E '.. ',n.,com,.m • Ir b a er It./ 1 UL 25 03 FR: 10:3= AM 41 : Cep MTh ITLE I'TN FA}, "1D. 9"C 6 3248 P. 06/1: ` s6,00 1/002 s� ' 1919 !•!'C 019710;1 07!15/Ct I1e01 N C l91A YA!?Y ANN FT.VARS)TES //CS.F.PK — KIG,PGCR xELD C aRA57NJ3� �• Quit ("dull/1k d• TSP.(1110 n •rn''NYA'Ne troth the .,✓b+A.. 1l.l ,..1•i,'w rkl 1t other eeI,! 41 n1mefl bye` AI 6RANION to IM m^.wni.oftr M,n..,nit .,rtm..,+t I✓A"w Al C,R Ant19 d xh,i ,nit/MI the GRANO'S Tel NN to 1M trO'Prnr stmt.-sty hrlP•�rih ill,II 1hP(.RA41(a hen •1•MII%Air.I,nr,'.i.on.i in tit..rV A4 1191hn r,•al tasty 4Mr'6ed appaillllYMfr the tM rlrt If was t.' Ih..IV......... :....•....t ro•......"`•"♦'"�4, .a.......r....._.....r. ulawtoR: Steve Brarcucc:. of 9120 Fria; 14th A%:rrue. Henderson, Colr radc ,..,.....'... .....a.. .t.......n r ulaNru: Steve Brarcucci an! Caroline M. c ctf t,husba o and wife, . as leunt tCM1:nt•: with the :d stmt ora 9120 East 104th Atielue-T1L^�o _ IOIM Oi CO-0WNI7SNIV: 'r ."'...... �..n, ..... ^I e.1.'r✓t.�tw awn w�-1 • ••�•• PRO/lRTV DISC111111OM-. ....,.'. ......• ._....• Land locator] in County of 'raid, State of Colorado, acre partio.larlY dcsoxihtd as foL..lows: I• For description. see O311BIT "N' attached hereto and cede a part he reoL. I ;,. . • ND IXJCtFENPA4Y S'F:E 15 jtt. ITPID SI;a= THIS DUD IS FOR TITLE P0P.1'CSFi nt;7.Y. I . I p.RFSttVAIIONS RtSh11CtK)hS' .:''A r..n. ... ..e. �... . .•.e " .•,n.n rr,.4 F , 1 !1 n 5-cove aanl« S,enr+f,ita ...d '+ / "r rarlctxci fµnlM • SARY . -- r.r" it , o mA it at °gem ve A,,•..,-•,S;,..I h•.b,...r,,,i ; i' t Caryl,, , . .I 5 Ci'Grz�i2 �� r Y rt j j Mlr ta^`S^SA.W'n rr.m„` Yl(�.:L'lRi'•Rj wn.nr rohh, '\ i %IAll O1� I" t (fRINtYQI✓ rt...,1.g: 0.411...!•... n, ,1... n, "1' 19 •�•S A the lYPRn✓rR,n.nUn•,n1+.n. f I,. Steve B„ancuc i .1 MYtnmrD,v.✓rn•purr•. . i b _t o -__�-= Y yL .`j( .$11r7UPDAn I FT.*l 10PYe, i r a O aOt 111,1 GPI(It Y (:f.1 n1.1,✓r r1,Tt) ( T ) 1•0 7t0 {L ` JUL-25-03 FR: 10:33 AM " CCU\TY "1TLE-.NTN FAX NC, 0'0 6 3248 ?, 07/10 • E 1026 PEC 0:914039 07/16/84 11204 56.00 7100: . . I' 1119 MAPY 7,V%% FET%EPSTEtN CLERK w PFCOPOKP Wr1.0 CO. CO is ti EXHIBIT "A" • 'this pddbiC "A" is attached to and cede a part of that Qalt Clain teed by and between Steve: Eratstsci as GRAVIDR, and Steve Brancuect and of Caroline M. Brannuct, hti tere and wife, as joint tenants with the right Orship, as GRATTI`Y• DESCRIPTION (27.059 acres) sat rote particularly by Tso l,thrt .t pert ot M West 6th prLrti 1 Meridian t mete. and bound s as follows, to+'it: Beginning at the Southeast comer of said Section 301 Verve West along the South line of said SF.SSEA, a• distance of 915.00 feet; Thence North, a distance of 30.0 feet to the tar point '11' of trgilting; North, a distance of 162.92 feet; 'IT+c'ixc umtln+!*g Vence North 47.33'17" East, a distance of 33.74 feet; ' Thence South 84.5)'30" East, a distance of 415.64 feet I to a point on the westerly right-of-why line of the Union Paci iic Railroad, said potent being 00®Ce feeiimsofrsy aid - .. of and mensure'd 0t right angles to the Vaal Pacific Railroad; Theme `firth 14.01'30" East along said Western right-of-naryline. a .;, line of said SE de of*1115.07 feet to a point on the Kurth ,, Thence North 89'57' West along said North Line, a distance of 1132.14 feet to the Northwest corner of said SE'Sflti lleric:e South 00'0?' West along the West ifne of saNaid dh SEViElt,uf Fke , a distance of 129f said oa 0 t to a pointfeet Southwest corner of rr said thence East and parallel to the 5alth It inCof beginning=, a di�.tame of 409.00 feet to the true R' SICTED FOR II7FTTIFlCAT3Ck: • t eve �ren c JUL-25-03 F�R::/10:34 RM Wii COUNTY 'TITLE-.NTN ?AR IJ. 97": ti 3248 P. 08/1: • IkcePloe No.— 2527044 9-1584 P-S2 12/3011995 12141P PG 1 OF 2 REC DOC o weld County CO JA Sukt Tsuknoto Clerk 6 Recorder 11.00 WARRANTY DEED THIS DEED,Made this 26th day of December .19 95 Stotts Steve Braacucci and Caroline M. Brancucci dthe enmty of Adams .5one Colorado.gnetor(at and Stephan J. Brancucci whovksal,ddrmx;. 9954 West 85th Place, Arvada, Colorado o li ,f nu County dl Jefferson .Stw.or Colorado.gnnkaUA WrTNESSETW.Thu der grata-lc).for zed n coeilder io of the oam of EN pptLA0.5, the rotcipl endsaf*droney of which is hereby acknowledged.ha ye granted,bargained.cold and concern.,aM by these presents do 0> prow,bargain,sell.convey.end confirm,unto the graneees). h I S het.aM tnigIU fart'tk s l the nil prapeny, I ggt:hu wen mpovClrcon.if any,situate,lying and being Colore Chu Canny d d ,Stale dCdorrdu.dwrlbtd a.follows. Parcel A: That P.M. Of Couunty, Colora64 of do, destion Ccrloed as:p Beginning ate the West ea the 6th f., along the SE'ASoJLSEW, a st t distance of r of fd 915.00ion 30;feet; thencee West North s distanceoofh30.0 feet to the true point of beginning; thence continuing North, a distance of 162.92 feet; thence N47`33'IT"E, a distance of 33.74 feet; thence 564°53'30"E, a distance of 415.64 feet to a point on the Westerly r.o.w. lire of the Union Pacific Railroad said point being 200.00 feet Westerly of and measured at right angles to the centerline of said Urion Pacific Railroad; thence Ni4°03'30"E along said Wene ofssaidySE''4 SE'4;;line, a distance of thence 06947.4 along7sa07 feet id Northto a line, ant on the r th distance of 1132.14 4 Feet to the Northwest corner of said SE'% SE'A; thence 500°02'W along the West I line of said SEA SE%; a distance of 1290.60 feet to a point 30.0 feet North of the Southwest corner of said SE'% $E'A; thence East and parallel to the South line of said SEY. SE'4. a distance of 409,00 feet to the true point of beginning. Exe^.pt that parcel of land es-described in Book 1190 at 530, Weld County records. Contains 27.059 Acres more or less. And all interests in and to irrigation wells, ditch rights, and water rights. No Doc Fee - For Estate Planning Purposes Only 1 I •11 in Deewr,iiuee'toy au'. - . ._.._.— --"_— Nu 443,Pa 642. waugrn ota vr n.gaawr rwo +!` N1f"A nad4i,e 041 Meet St.dew',CO tutu_fo3t 111.15.10-1A1 JUL-25-03 FR: 10:35 AM bio0CU\TY 7I:TLE-:NTN TAX PAC. 9'? Eli 3248 9. 09/1C ilk,known by yeti awl n mbar u. TOGETHER with all owl singular the heredllelntna and appttrleaanrb therein belonging.or in anywise appertaining.and the rc.enke and reversions.'enuinder and re alndcr.t,rune.issues and pain's hereof,end all he estate,right,i tk.Everest,shim road demand whatsoever of toe gnnorsal,either In law or equity,re.In and to the•boar bargained premise',with the hercdrtennuln end apperteneneea. TO HAVE AND TO HOLD the said premisos shwa bargained and described with the appurtenances,unto the paneela), 1115 rein and assign,formes And Inn grantonsh for then sexes their heirs aid personal repnumileveS.do covenant grog.Nagai n,and agree to and with degraneels). his mein and assigm,Wl itthe nint d die annealing aid delivery ofthesepresere. well'elude(die premises above conveyed,ha Ve we, perfect,abooWte and indeteanne saute d inherit ante.in I.w,in fee simple,and to ye good righ,full peace aid wihorky to grant bargain,sell and teeny the Sams in manger and form as aforesaid.and that the same arc free end clear!ham all former and other grants,bargalea.sates,hots leas.asaesamens,eneuntbreana,and reatrieibns of wagns kind or nature senn ersaq reservat Ions of record and real estate taxes for 1996 due and payable in 1997 2527044 E-1584 P-82 12/30/1996 12147V PG 2 OP 2 The graraoria)shall and will WARRANT AND FOREVER DEFEND de abow.bargaiaed men Uses in the color and pence-able possesegon dine gneieets), 1115 heirs and assigns,atainn all aMetery person or persons lawfully claiming the whole or any pan theaol. IN WITNESS WHEREOF.the gnnlortal ha ti e ewcied this deed to ttedale sal Ram above. f /� c ` Caroline M. Brancuccl STATE Of COLORADO sk County of Adams TM faregdng,aelwnenl Was acknowledged before me this 27t day d December ,as 96 , t it', ,..`' tr 25:1'.4,Ne Erancucci and Caroline N. Brancuccl r FsaslA mecapires Witness my hard and official%cal. :.`'-4' •4 4-f`I Espaes January 2,1998 1/4-1 Ih •• f .!at\ . a Canna.Myhre '1/4,-,.j ,. ••,... ...•46S.4111Aren10,Srlyhlen,CO 80501 • vrs 0 __ CYtIg MJt •" ll,,.rd nm owes.Nwh C�wll4�nFrn nlslre.I.C'S) I i [ t i g I re I. 9i I. . Gil a ,cream e 0 g i i '. ,t rep i xi I tl 1 V s I m AL-25-1/4-,' FR: 10 : 2 RM1 Wiii JCUyY 71TT E-TNTN FRY. N0. 973A13 2248 1U/.: i IIIIIIIIIIUlIIIIIIIIIN11f1!llll1II Aga ato • 1 of 1 f1 BA D 13,81 Weld Maly GO il‘f2lil L WARRANTY DEED d,c, G THIS DEWD, Wade this 3rd day of October, 3001 between Stephan 0• Brancueci ties, Inc., s of the County of Adana and State of Colorado, grantor. and rooter Proper Colorado corporation a corporation orgar.'.ted and existing 'ender and by virtue of the lave of the State o COLORADO, grantee: wboas legal address is 12719 TOR 4, Brighton, CO 60601 of WITNnSSETN, That the grant°AN. for Oor 100d in(1116,100.00)nion of onDofatheteum receipt iONDDRi0 d suffiei THOUSAND ORS is h granted, convey codnfirm, unto conveyed. a of which epreseennts does grant, bargain, mel bargained, score u h conveyed, and by the grantor, its any. eitue and te.lYing and being in the all the Countyreal orWeldtant together of it Colorado, de, if Colorado, described as nOllown Lot A of Corrected Recorded Exemption No, 1 .30 4. 410, r cord d AT9.lst 21 1 21, 2001[hs es Reception s. of7t3e2, M a part nl the 411 Range 66 West of the 6thh P.r.M , County of Weld, Scats of Colorado. Togetner with a dcaestic well Permit E 1iiplit_.�.,• oleo known by street and number as TOD, Brighton, Colorado $0601 TOcitaaa with ell endsingular the hereditament/ and appurtenance/ thereunto d remainders, issues end profits thereof, end all the estate, right, title, or in anywise appertaining and the xcvess ion and reversions, remainder en interest, aim of sad to the above and premises, with thehereditmnt&end eppurier low or icei. of, in TO NOW) the paid premises above bargained end described, with the TO Ben/ ANDthe grantor,asates, its .ueeeuors and assigns nortrad• And bargain, for tiaeatf. , unto rsa grantee, rant, and reelt, and with/ and personal representatives,and doom assigns. than p at the ime and agree to and o with the partooa. its successors. he is 11 seised e! thetpremisesnabov of the taese1a9 and delivery of thus presents, Le ,conveyed, ehas ple sure.and hasegood right absolute full power and lawful authorityf lto great. ° me Lbew, in fee simple. bargains, dd,an liens, texts, ace ire, all and convey f the saes in doors and form as gain/. so and that the txas, are flat red clear from all d rear end other s grants, general ataxes fora20010 and ed ensubsequent years;fexcept easement/, reeteictlons covenant., conditions, reeervationd and rights of way of record, it any; 'Me grantor shall and will WARRARr AND ►onxv6R DIiINO the above-bargained premises in the quiet and peaceable possession of the grantee, ice successors and assigns, against parsons lawfully claiming the whole or any pest thereof. ell and emery person or ofranny genderr shallebe include gend•z/twe plural the singular, and t • use In VITUS'S emeasoB. The grantor ha' executed this deed on the date sat forth shave, Step on J. aneueei --_ STATE Or COLOP.100 ; is. The foregoing instrument was acknowledged before County of Meld 1 ms this 3rd day of October. 2001, by Stephan O. Nranc0tci W] commission expires 10.11-2002 Witness my hand and official seal. � ^ NCITARY pJN 'C ?tj�.•....•..,,s��dIr.�ljB] 15 South 4th Avenue �'� MELINDA Brtghlon. COLORADO 50601 ;, MELtN ER to 00. 952. Ray. 7•g5 }j.60. Van FCO • S y` 111111111111111111 131 1 AVM 11111IIIII II I 2869386 10104/2001 12:36P JR kid Teukamolo 1 el 1 Fl 5.00 D 11.61 Weld County CO Alies 355 WARRANTY DEED (Ml THIS DEED, Made this 3rd day of October, 2001 between Stephan J. Brancucci of the County of Adams and State of Colorado, grantor, and Foster Properties, Inc., a Colorado corporation a corporation organized and existing under and by virtue of the laws of the State of COLORADO, grantee: whose legal address is 12739 WCR 4, Brighton, CO 80601 WITHISIXTEENSTHOUSANDhat ON!the ED AND 00/100, ($216,100.00)for and in ion of the sum of 0111 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 p end confirm, unto the improvements,its if any, situate„lyingd iannd being in the the Countyreal of`Weld and together of`h Colorado, described as follows: Lot A of Corrected Recorded Exemption No. 1471-30-4-RE470, recorded August 21, 2001 as Reception No. 2876372, being a part of the SE1/4SE1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. Together with a domestic well Permit a 11:o8Lv also known by street and number as TBD, Brighton, Colorado 80601 TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in anywise appertaining and the revers Lon and reversions, remainder and remanders, rents, issues and profits thereof, and all the estate, right, title, interest, claim the above bargained premises, with the hereditament. and appurtenances. of, in and to the TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to end with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seised 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, barare freeandl and clearc from conthvey same formerin and otheragrants, barpgains,asales, liens,the taxesame s, , encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; Tne grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable p ion of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. �ian J. anzewte-P-Ve - Step an J. BBB ancucci STATE OF COLORADO es. The foregoing instrument was acknowledged before County of Weld ) me this 3rd day of October, 2001, by Stephan J. Brancucci My commission expires 10-17-2002 Witness my hand and official seal. NOTARY PURL ': ?Q,.^............�/C 15 South 4th Avenue No. 952. Rev. 3-85 Brighton, COLORADO 80601 / MELINDA �1 BAESSLER I om, OO tb.e0i CO Water Service Availability The Well Permit Number 116824 serves the property (Lot A, RE470). See attached well permit. Sewage Disposal Statement No improvements exist or are scheduled for the property at this time. At the time construction is approved Lot A will install an individual sewage disposal system. The septic system will be installed in compliance with requirements and regulations of the A (Agricultural)Zone District and the Weld County Health Department. - 0T-22-:9 66:34a FRCM-)lvIS;0S •TER RESJURCES ?1::8662223 0 T-631 P.J2/C3 F-C72 i ' , wli.•S eq.. I's COLORADO DIVISION OF WATER RECe n VED I eta Centennial Bide„ DrormDronerSt.,gamer, �� - SEP 2 51980 1980 - PERMIT APPLICATION FORM MU Wanes I • Applicat on mLSI •W EI Una at gadgets 411 comp eta wnera I ) A PERMIT TO USE GROUND wAraut "ff'fIA 1 appncaole. Type or t i A PERMIT TO CONSTRUCT A WELL MS pm: in tIACK FOR, t ;A PERMIT TO INSTALL A PUMP • )d$,No overstr'kes or 11(410105 unless 1 k REPLACEMENT FOR NO. br,itialed. I I OTHER- WATER COIF CASE NO. (1) APPLICANT. mailing address IFOR OFFICE USE ONLY• OO�iOT WRITE IN Tilts COLUMN I i n� ,, _ _� /l__!�t I NAME `J{C V e £.La . L.d`Ci Receipt No 5 7 7 ! / _ ! STREE.T�I1,-'�j�`Q E. lo4t'•J sot. Ffaain -.T- _ Di5l --- • CITY_�Cp(p4/LSO V,______5C�,r4. _� e0 440 111 GONOI TIONS OF APPROVAL 'TELEPHONE NO a - /129 i& harriP ?657-.Z3 21c This even a✓ shall be used in sacs a racy as to cause • Oc no material ',jury to nisting water rights. The 12) I-OCATIQN or faoposw WELL issuance of the permit does not assbre the applicant i that no injury will Occur to another vested mater right or preclude another owner of a vested water County_/1201a right from seeking relief in a civil court action. 5 fr 4 of me S t. _. 4.Section 30 APPBOTIP PUBSDAIT TO CAS 1973, 37-92-8O2 Twp. I .,,Rng fn(a -W... �� _P.M. (1)(c)TFOR DBINKINC ANT SANITARY . .. FACILI.I16 OWYY IN AN INDIVIDUAL rn.S: ;EA; COWaBCIAL SWIMS, (3) WATER USE AND WELL DATA AVERAGE DAILY APPROPRIATION FROM THIS WELL Prcposaa maamum pam0in9 rate(Won —11-_--_ SHALL NOT EXCEED 3OO GALLONS, Average annual amount o1 ground water PERMIT EXPIRATION DATE EXTENDED to be eppcorr ated idcre-/eel._ J A[,¢e - Feat _ TO: April 20, 1983. Number of acres to be irrigated: C2.• Proposed total depth((veil: CoQ Agape:ground*mar i5 to be obtained tram Owners we'des:guaon _—.. GROUND WAT€R TQ BE UfiD FOR. r )}}*�OUSEROLO USE ONLY ,no imgat<on ICH I erOOMESTIC Ili ( I INDUSTRIAL (b) r ILIvesTOCK (2; 1 IIReIGATION18) I COMMERCIAL (4; ( I MUNICIPAL fSI IOTMER 19)— _ _ APPLICATION APPROVED DETAIL THE USE ON SACK IN I t l) C (4) Q.Q)LLER PERMIT NUMerAcsiistigic PATE ISSUED IJ Name _ t .c e5vsCI t EXPIRA tzE OCT 201982 Ir.' Scram City Dye A -N • SY TNepnone No. I Ac.No. I O. 1-02- COUNTY M- L_ C7:-22-J3 :g:34?6+ fPCi )II'ISICY iiiii.R FESJURCES 30!S$6222c T-658 F.73iC2 FC72 I (5) THE 4OCATION OF THE PROPOSED WELL and rhaarea on (EE THE WELL MU§T BEJ.QCAJEQ OE LOW- which the water will be used must be indicated on the diagram below. by distances from Wction Imes Use the CENTER SECTION O section, 640 acres)for lane well location / • So -ft from_ S(V U1'h } - —i_ - -I' " 9 - i - ± - -F- -- + - + niw ou th or atht ;IC-ti w, 2 / I ii4-----. 1 MILE.5fI0 FEET---pi —I s)S ft.trom_F_.r...§± _see. tine I + + t ± T t 1 IMnww11] t T LOT 5LOCK — _FILING a=__ I ' MONTH y 5ECTlO LI 'NE SuurrtvtsloN -' — -r- 1 _I — T (7) TRACT ON ,�tICV WELL WELL @F NORTH kQCAT€O Owner, nCl cetc�l + — i — u f + Inc of acts: Al Mytijo,, Will This be '0: l i a Ine only well on this trict' 'd e 4 r, + z (B)PROPOSED CASING PROGRAM j I •-I— - T r I Mein Casing - J- V t' ? �^ 4.. 6 n tram d f[. rod?ft. I l 4- — -t- _ .. I I t in.from h,to _ ft soup.SECTION ONE — — ....s. Perforated casing ___62__in. from___22_,_ft. so_ (seU ft + _L T 4 -r -1- 4- -f• _.. in.from.._- 1t to It. I MI FOR rigpLAumkNT WELLS give distance t- — 4 _. tend_ t — r _-- - — -«- — '!nil direction from old well era plans for plugging ;I- The seats of the diagram a 2'incnm • 1 mile Each small spuare represents 40 acres- WATER EOUIVALerr TS TABLE IRo.rd Noon'. Noon' -""--- An Err-fool cp,we 7 acre al laic I Not Oaf, I:4101C loo'rt.*fond Jinn 441 persons par manor teem) ---_ ..__ A Umay of S Ant reoaae apypumitny 1 acre fool oI-Corr*,Imp' I acrNpet 43.540 tune leer 725.900 potions. 1000 ppm mimosa csw:nwausiy far onr day preducel 4A?arrc-lrot _ (10) LAND_ON WHICH /1JG9OUND WATER WILL BE USED• Owner(w: 5�Is* ct RAN CAA-c-. No of acres. p 7.tl.4 /1 Lag.; yeseriptlon_ sec ahss eA i9estiep i +.. (TT) fFJAll Fp DFSCRIPTION of ens PIr of ground ware(' Household use end domestic wells mein Andean type of dupes* wssem w b la d.-MP tt ce w.'// da !7 itdasielI"k1 , To A- a mo pat;aim at IC (top!e frn4inf) urerb wnelt. (12)CIIMILWATEltalramIS used on this rand, Including wells. Give Registration and Water Court Case Numbers. Type Cr ripnt Used for Ipurposel Description of land on.Mich used (13) THE APPLICANT(Si STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO HE BESTOF HIS KNOWLEDGE./ SIG up Of AFINCA.NTITV i I I Use idQnlonat sneers CI paper 0 'rota snacr 1%requited I IIIIIIIIIIIIIIIIIIIINIIIIIIIIIHIIIIIIIIIIIIIIIIIIIll • ..:7D 35117 6 , P ��'°''`�"° `" Moreno`"Y6" `s,1 AMENDED CORRECTED RECORDED EXEMPTION N o • 1471 - 30 -4 AMRE -4'70 5� A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STA'T'E OF COLORADO MT NOTES. PROPERTY DESCRIPTION: GENERAL NO1. Bas at be: 1- Bass of Bearings- The t . hoe of the Sassumet bear ofSubd win Lot A as Corrected Recorded Exe To ion Ntip 1471-30-4-RE470 RangeE 660 e,t a eti6t of the Section 30, iorvnsnip I North. Range 66 med to North II This wkMn Pro pton s r the a T a cot at property s•be approved In conkinclion wits et Eee e 3-99(. southeast C Quarter of Section 30, i ul syip 1 North. Range 66 West or the 6th P.M.. Weld dieSauce!.en ewn 1E�99B la xm then arellquaw Caunly Cdo.otl0, being more particu'orly described as lollowe 89'59.57' East as n'onumentedents byter tics met-or °'cB 2. Cxternor Ooanda'y monumentstar as shown on plot p fin • oh the 6t at,the eeNot hcorner0'0 .0 sod on Township 1 North, Range 06 West for the zon•district proposed an no m of the 6\h PM.. thence North 90tl0'00' West 1324.18 feet along the South line of said the wow County[Door m•.awxNo properly n measured two,we future right-at-wok Southeast Duarte/ to the Southwest Corner of the Southeast Quarter of said Southeast •y, o found Na. 6(dear (length unknown) swim ei •Ima en occupancursuant ies the n In Quarter; thence deporting said South line North 00'03'2fi West 30-00 feet to a paint on o building w structure of defined and limited la to c be listed as Ow h e C.H. q • e old not tine o. set, consrequest I rn a J-A o e ery Uniform Guise-Dot r Yin of constructed the east said Right of Way of WR County Rood FB Ot said point also being the orthewest ry per c cW� n °k bolt radius �w aotl. Any Come al said Lot A and the TRUE POINT OF BEGINNING; thence along said Northerly °em-mmthea to lwl ry -too-'° v es o any"Ws., Right of Way and deporting said Southwest Corner North 90'00'00 West 14.23 feet; 5. ® = Approximate location existing agncuNurol/resttlen dial access. rna rum o nano tram ue terms ter u<°smlw+l]B-6-lb o the c my Code thence c 3) y future•auatare•prune m site court obtain the neeraanob earn and building pe+mle. 89'59'44. 9'5 deporting. 1 .s74 l, of Way North 0 point West the st Ine[', thence South Lot 8oint n tat feet. more to a point on West Tide of a Q A Quarter, 6 CI' t'. Foster Proper ties 4) d g the a 'cant ter° cote inmost den ambling the point olso being the West f the Southeast Quarter of said Southeast less, Ouarl<r; ./o Rob Jordan fiat atupon which the budding pecrit is a etc aced Owe include the Lot wit+atae and Recorded Eeeemcattm•mm The pd thence along said West I' North Oie321 West 30.]9 feet. more or less, to the ID39 n,C4 C Northwest Comer of said Lot Ai thence d parbrg so W tlne o+tl cony the No'ther.y Brighton. CO 60601-9301 5) Potm6a puIrec smelt!Si°ware mm groundwater may of meet all drinking water standards and coated boundary of said Lot A the following (6) courses and distances South 9 0•dewed by we ce o Department of polo health and Enero°mot. Bela County 89'59.57" East 434.80 feet; thence South 184.80 `bet: thence South 29'35'37- West Deportment f Pablo H and Environment strongly en w/ege•cell owe to lest their Prinking 66.16 feet; thence South water Dinh m emwm lu and ere e n .re after . 16'35'37" West 161.38 feet, thence West 23 8B feet: thence South 15.00 feet, more or 6) buibmq lex a feet r less to a point an thesaid Northerly Right of Way thence along said Northerly Right •WCWdim nS °pplemt must comely u the requirements Ito e Appen In-.of the Orion Fin Wear of Way North 90'OQ'00 West 030.77 feet. to the TRUE PONT OF BEGINNING y) Should noxious weed 1 e a eefanned a Said Parcel Contains 4.00 Acres. More Of Less, And Is Subject To All Existing Easements devsbaremt the trI n1Anrta Nxn property a for c mn9 the carious weeN, n err pursuant m Chapter as and a of to�iele county And/or Rights Of Way Of Re'.ord. 6) [Restive domain I.3W).luaoin9 recent red to adhere t°the tee.wet°,an the County Rand mpact Payam proposed 2002-10 xy PROPERTY OWNER'S CERTIFICATE nl to the.release° w Lot ern wet,the accordance or I (We), the undersigned, die-erg the sod rs fee of We above described property mina • 4W" do hereby subdivide the same as shown on theattached mop. I (We) understand this permits, the° "r ow N00'03'2a-- the a„w pap sewer amatory (°„o•et at th•propene property is located in the AgriculturalZone District and also intended to provide 30.79' be eel R f .1�a totie b��t at a hundred(400) ce of such ma ere accessory.uses, se tee e�<mWald_ wadneriylo.paam.nt en' dpisrnlrq taeueo a .,con a ll s for. the conduct of other uses by ngnc a nry y and uses by special 589'59'44"E_ 589'59'57-E 434.80' eu m. ad in e q e u weld Save',De nrll productive a renew. az tin) m couxrvs RIGHT PO rtrw w countyr�aaen�a oat..a°gdaaleanl counties areas 14.74' Wilted States.ranktotal m n agelalmrm pima to. The WELD were a the n lib nine in a coal 0 e owes at County may be open and warm..but they a t v thed for ege a _ agriculture. Fosse Properties, Inc. Parem maJm rvm 4.-no covet r end ncgt thee. CO the drawbacks a9 come he pyau a level o lq vbw•.pninn„(yap,.ioc ...NCI.,roq a� ra / 05 ' .. ..— etrooeahme one war or iife mthout neighboring featured whim°veal urban Neal D. Poster President de•Ilm to ram,Weld County xNd ev be bran Ink' n c 1r • 4q' ere In a°°•mud not qu the m rued ore foregoing certification w acknowledged be om re V s day a + vin into a eu I>0 e y 'me to annnmMola t - • m1 l oA O.as2 ek OO oq 1 generate she—memo ram winkles on rural roods; 9 n s•horn tractha a ge ax MyG commission Ex I 0 O a n including th q Expires , Pre we,'ef featteetM a Mgr t°ra°e •rl y weenier WYPIY be wowed mf°I fed.abin a eewntd to r 0 �i Dttl form itches ere 9elN hovf en a Nota/Y Public if an 35-35[^10].LWitness my Hand and Seal N he',Moe mr �atl°wra p • not nce envoy n memNs e iem a nuisance PARCEL 2 ere f LOT Ap';ge,ie tar.aamma,ly er rn.ana y .aaal.d w„ntoq/:ga ��US�LS6 1 ,P" w d County severs° . size located u<state of[miasmic) DEPARTMENT OF PLANNING SERAPES'ADMtNISTRATVF RFVIEW CFR➢FICAIP NOTAFARTI, iNGTAPARn 4.00± Acres an 3.aea lm M ma Hx'°me p ^ ISO0'00A.'00"W 0 Nee a h< /tea m ere°sear state a W ,a Le nrfamcement n a m Th '.at is accepted one approve for n;ng. �N m 3q e t"Berawled may ep di emergency then��:F�`including lowlea enforcement.ambulance. n Ma Fee tin 3; to ::: alien a.the prote9eneee.°Luang Wesel(beer n vice sane bind e surface es, be lee rood Snowr• made x Depart eat of Planning Services' Director ta 1, die a theamoral in Homy Sm.tne ��//�� T��/ n p ebh fhb h R°N drtl win mud Y m Ihealrinestrwisroindwlec to eat bin loco the toeego erlfication wog acknowledged before me lea.5._.d1_ Oay ofd/{flItv A.O., 20 ¢ /NY S cl. Bid 0.8 1 My Commission expires'. _-m ramw oa n " ;t5 mpxh .c qe ohliersn's acorn.i• cot ,von .I .. 5 via aalss fto ma. .wemd Parentenw8• . gg- espobe rnmr midren •P a e ' eN90'00'00"W—Y S i S Notary Public �14.23' g '00•W Wlness my hand and sealt� OF CO‘ _ L - 88' _ xaams eo0mg6'W N90'00'00"W 1330.7]' 35.00' )Pao ' wPo' 1324.is,' ( Y itik r`L 1324.18 W C R 4 1 N9O'OD'OO W 2668.}6' —SE CDR. ma -- r SEC 30-1-66 SURVEYORS CERTFICATE �. E /16 CCR. - F "�� SEC 30-1-56 ) 1 uum I Steven John St 1 Registered te ! I Land Surveyor in the State of TEf ( °•t` 5 SEC 3 CCR. 5 lx a) A cop o Below: Colorado don by try that this Amended Coerectec Recorded Exemption f90 tq 30-t 66 a on Neat, R / plat was prepared under y p p and that this plat 5 2 A ryr 3 / eio awn ow 6 accurate representationthereof. further certify that the covey and this plat fa _ d as gio•. — ry complies e •V II ppl' 61 rules, 9 t d laws of the Sta\e oI Colorado y unknoimi et, s stole Board r Registration for wanes anal Engineers one Professional Lam "' /L x , e I saraerom and weld eoanry. t`" A Y i erg • r w rya..+....i� INTERMILL_AND SURVEYING, INC. y ��p�at9 "n me r NGR'F f ke f A ..I _1r{ j p iAtt ca` cads As )� 'le4- al..-ul= d r a g4 DI dt^$35' - ,/) t•: Stever John std I C g S 30462 90 c i`-- ih „fi W t o... sou lH Date: It-f ,°4j 1 i{/'Amnia o f^ =� 18 owe ee.' / / s L S SCALE : 1 inch =w60 feet X1., .-al e .:: '! :.:" VICINITY MAP sweater,to\ sown be Lmdowner te than ten mar eyears f based .n -spy am 11 sulE. No .a. ana.. r wan run .vry rrvF.xn CEaco R.1 9 a5, p REVISIONS __ RY. IHTE.. TE: ;a,]3,a3 By,Y RF /LfIEM: 3 ( EE TDEer SHEET 1p NO OF SHEETS RW LT I INTERMILL LAND SURVEYING INC- '-6a 0VEDBBY � I FOSTER PROPERTIES, INC I AMENDED CORRECTED RE No. ago) �Po3 s4z4 Mn., 5 (9)01 66 6/ (970)-635-9]]5 l l Portion SE 1/4 Sac 30-144 View county ".C.',/D: _E'^T ?_:`; 97r 304 E0 WEL! PLANNING ?1/001 A L` P; t~ DEPARTivlANT OF PLANNING SERVICES 555 NORTH 17° AVENUE il GREELEY, COLORADO 8363': WEBSITE:www.co.weld.co.us I COLORADO PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 October 15, 2001 k e � �lit. i 3(1�4 5 o Foster Equipment Company f9t1 �u fe ipS ' 6/ Attention: Rob Jordan ` a; Sq 12739 CR#4 Ci qr ' 2-2)2-2) 'tr Brighton, CO 80603 f cniC Subj: Property Research Request: Part of the Southwest Quarter of the Southeast Quarter, Section 30, Township 1 North, Range 66 West of the 6" Prime Meridian, Weld County, Colorado Dear Mr. Jordan , The Department of Planning Services Staff has reviewed the information you have provided as well i as checked archival material for the property described above. Based on the provided information,the Department of Planning Services Staff has determined that the Brenning parcel identified as 1471-30-0-00-078 appears to be an illegal, non-buildable parcel, therefore it is not eligible for subdivision or alteration according to County procedures. The subject parcel was created after August 30, 1972 ( October 2, 1979)without the benefit of a required County Process/Exemption. Further changes to the parcel require the correction of the original Illegal division of the parcel. 4 Should you have questions or need further assistance, please do not hesitate to contact the i. Department of Planning Services Staff. .Q°) I Sincerely, e6----)1( C: : U r, SI Robert Anderson C Planner III \ �� C a. m 1_i0 r Weld County Planning Dept. August 10,2001 f 2r 1 Weld County Department of Planning RECEIVED 1555 N. 17th Avenue Greeley, Co. 80631 Subj: Survey error ( Recorded Exemption 1470-30-4-RE 470) Dear Mr. Anderson, Enclosed drawing showing the corrected plat for the above recorded exemption . Please review and advise if there is anything needed to have the corrected plat recorded with Weld County. Please call me at 303.659.5261 , if you have any questions or suggestions. Sincerely, JhH ��c-lvy1Cti'6cf Stephan Brancucci 1281 wcr 27 Brighton, Co 80601 303.659.5261 a rs ' DEPARTMENT OF PLANNING SERVICES ' 1555 North 1r Avenue Greeley, CO 80631 WC Phone (970) ww.co.we .c us 7 ww3w.co.weld.co.us Ext. 3540 Fax (970)304-6498 COLORADO June 12, 2001 Stephan Brancucci 1281 WCR 27 Brighton, CO 80601 Subj: Survey Error (Recorded Exemption 1470-30-4-RE 470) Dear Mr. Brancucci, The Department of Planning Services Staff has reviewed the information you have provided as well as checked archival material for the property described above. Based on the provided information,the Department of Planning Services Staff has determined that an apparent survey error on the original plat indicating the Southern most line of Lot A as 345.00' rather than 330.00' may be remedied with a Corrected Plat. The submission of a corrected Plat will not place either Lot A or B into the ten (10)year limitation for further subdivision according to Weld County procedures. Should you have questions or need further assistance, please do not hesitate to contact the Department of Planning Services Staff. Sincerely, /17 Robert Anderson + Planner Department of Planning Services to n.:1,..18 9 1 El o. I 'i P.a FY 1 ... n. II 1M4y616 /11-; !eta"le;w {iIl Jr FicE ' a4ga to . ., . , . y��i 'RECORDED EXEMPTION No 1471-30-4 nr.....-- -RE 410 J /s/' -ICd A. L•.. S4/J//f I Pill i� los..1 th R k . Lor °b • 'B' 4 `. T3./49 r'OgeesyQ�iil A. i 4. N Y 1 S 1; I "trip L1. rwe r≥' :.T iil.q' 1° Lee JC fJ.Aty tAc V+• i, • 7Dii !r./I9 tAt > LOT A' 1y ,i PI Ng I 44421tAeteS kl lei vw•Ji:v r i JaI k. t. L r/ II ;i i... telb m. rr!r.*. I' Me flAt die dry:...?lore dFJ'« r '% Lor miles• 1 24 19 j0 t 0.1 G e . f 4 E t of✓NlRS: It. 1 w i t 4 ' w ; , u i 671v6 6ekvege•e'f 0 29 N r zo de- fv✓te,ore 25 I Arel40f,ScW°!COLD. "VIC \j( r.244 re s. tc•A • n. 3L I �� `\ Al LAND SURVEYORS �y of 0110 & CULVER r.a.+. Wm**, v ',?319 --- --- • RECORDED EXEMPTION Na t470-30-4—RE470 AYTJ:G Legal Deacrirtion That part of the SEk SEk of Section 30. Township 1 North, Range 66 West of the. 6th P.N., Weld County, Colorado, described as: Beginning at the Soutlhaaut corner of said Section 30 and considering the south • line of the Shk of said Section 30 as hearing North 90.00'00" West, with sit q other bearings contained herein relative thereto; i n Thence North 90'00'00" West, along said south line, 915.00 feet; (/�-O 3Lenre North 00.00'00" Eaat, 30.00 feet to the True Point of Beginning; _J,$ Thence continuing North 00'00'00" East, 162.92 feet; I''7 Thence North 41'33'17" Past, 33.74 feet; • Thence South 84'53'30" Eaet•415.64 feet to the West right-of-way line of the ' Union Pacific katlro,d; Thence North 14'Ul'30" E, along said west Tina, 1176.07 feet; : Thence North 89'57'00" West, along the North line of the SEk SEk of said Section 30. 1132.14 feet; I. Thence South 00.02'00" Nest, along the West line of the SEk Set of said Section 30, 1290.60 feet; Thence South 90'00'00" East, 425.73 feet to the True Point of Beginning. • Except that portion recorded in Book 1190, Page 530, 5M1d County Records. . Said described parcel of land contains 27.149 acres, more or less, and is ' subject to any rights-of-way or other easements es granted or reserved by : • instruments of record or as now existing on said described parcel of land. Surveyor'• Certificate I , is I'herxby cc:tify that this plat was prepared under my superyisioai and th.2 ''p the same is correct to the best of my '•nowledge and be ,,gyredr le'` L.,.`�d� ; : \�__ el^• It . IN. V C j.'a Freuae . 4392 �� Co r P.E. 6 L.B. No. 43' y it gr ;• Pro ere Owner's A oval d}�•:anans 4,•rv{' 1 OF r We, Caroline N. Brancucci, and Steve Brancucci, being the sole owners.in t e'v the above described property, do hereby divide the same • as shown on the attached CZ212 �1•�'.,tr •'- �s", ,a "'"scieav a Caroline H. Brancucci/Oener Stew Brancucci/Owner i! • The foregoing certification was acknowledged before me this 4th , day of September , A.D., 1980. Witness my hand and seal. My Commission Expires September 9, 1983. !' lC 'rY Note-1:y Pub Sc ' •t • :'Y t Planning Commission Certificate 'j• ' The accompanying plat is accepted and approved f f tog. �!.�% Chais`.a/war of County Cowissioners • au`filATTEST: County Clerk f u. „ Dad/j—.' !- 1 '7, r • C • • OWICese, U ' ti'L.4 OTTO & CULVER trrrrWpm's LAND SURVEYORS X //JJ/ I ' P 9�� / y2 -4950 l ,h � : N 'l AI MON/ER 1 co_ S7/ t✓.C R, 2 7 SA'/ WroA/ r'i o. 070 O/ A.E ER ALA/'/A/4 /Cr/ SOX /G. 3 0 , SAF/a /V7e4/70/y, I AV/4 3 1 /YysTRoM !//✓//Eo SGANr53 I DA✓/o N. w• C/O GOOD 4:::1:74:: LOCAL. rr8 S rA/N'0N BOX 4/, 3,4'/0 PDX 3/6 ' ` v y ' r Boot PEW' fr- 3 COLO/PAO.I , i /. r f // Al., >t I/ 'Alx I{O 1' .4( / SA/4L EYAga44Ce ,BRoc RAG Py,MAX(' II SN//jL E,7 ✓O ANN /1,44-4, BR ENN/N4 I I SAL L.y ✓EAi, M/1 4 ear/sr e/S 2440 Sox 2 ;yt B B /GHTON, COLD I 1 / '• BP/LNTDN Co/O. BO< I I 1 k ti Co..PJ. 4 /4//LF.f60 E f RUT// L✓FT rOX /ea ROBERrt Jo-; Soy MARGARET NrAZARA 4RRiGhTOA; 4-020.6'060/ 9060£.6e/d6E- /26 93/ L✓-C.R. 2 7 3R/6nN, ;: 60..0.! 3.ei6HTON. GOLO,'060/ 495d 3 I �' i • i ocnuur.,m . ... O /l,ss <usR58a/ 9 : / %r% 2� 4945 J X94/ / i�! %ri Z- 45 / 1 1-3 / . may PA sorrj % %1®dp �04 A. , MIME NM FA Y i US R0 • �3 Bob._ '1t a< < sv2.-oTC: } , j 905 .1>- sc..-Az-G. Z`3 5 / USR - .8 0. 209` % .�- USR-9 • . / Z-342 , e , .t„ , I / ! cC / ,~ . /. 11 Z -47.0- 1I•J Z 4C Z-343 II I I.3 958 Z-45 1 - 3 <g\' ,..i. i ` a ��. . �,.� Z Z 241 Z350 �i ��'� - //i��'''�`\W �..�� t ^3 I-3 N, 7E--CORDED EXEMPTION N° c/7 Nd9'S 'Q9"9✓ %32./4' f' G .m.rS S„c SEssEi+ k a ,1 resessi 5 00o LOT '6 ' b q Q > R .73./49 -* Flues Qe \1 N % • S .-,9 5 20 S/24.000 t Ac 0 30 0` 7-07:9Z ,2z /49 f,c e a .$ 3 </01- a' 8a ,p 440''ArreS %` ' LO >p°' ,L '&$m aa9, U. so cb/bf . N Sfl., Sa3o \ k 7/7.,k:nL.w -0 s 9000 Oa F_42;.7 -77' e;,; e..✓4 _ ._ . r..0r%,,,r or f -,t Pe;„r0+ 24 !I 19 20 / n Y Rd b T--- j Q ' C. F co C' \ 1 N a_ o 4 04444-A?tt e s72-VE oear✓eu0ci 3 \ ° 29 N -: r. a F 25 1 std 1, /281 we/277 CIS I C /A �' tj3 G59-5a G/ T/ _ co adA 77 --5A 1 I 32 36 ` ` si v/C/nrrr✓ ,'aa Boa/r9 IIr A OTTO & CULVER aProlson,lCotpoutlon LAND SURVEYORS weld County Planning Dept. Page 1 of 2 April 26, 2001 1 2G01 Weld County Colorado RECEIVED Department of Planning Services V Dear Robert Anderson, The purpose of this letter is to determine from Weld County Planning and Zoning that if an amended recorded exemption is filed for lot"A", recorded exemption No. 470 filed in 1980, how would the amended filing affect any further recorded exemptions for lot"B"? The reason for considering an amended recorded exemption for lot"A" is the original survey drawing was to an existing fence line and not the West line SE1/4/ SE 1/4 Sec. 30 section line as on the title. Another question I have, is it necessary to file an amended recorded exemption for lot "B", and how it would affect any further exemptions in less than the current ten year limitations. Look forward to receiving a letter from the Planning office addressing my concerns. If there is any questions please call me at my work phone. Sincerely, �/fe�r Szavr ca«� Stephan Brancucci 1281 WCR 27 Brighton, Co 80601 Work Phone 303.659.5261 Home 303.420.4919 See page 2 for enclosed. Page 2 S. Brancucci ,1281 wcr 27, Brighton, Co. Ap. 26, 2001 Enclosed , Copy of the Original Title Reception No. 1499022 , Jan. 11, 1967 Survey Plat, Acklam Associates, Inc. Dated Oct. 6, 2000 showing area of concern. Boundary Survey , Owen Ayres & Associates, Dated Oct. 7, 1981., of the Property to the west of Lot"A" Survey Plat, Aklam Associates , Inc , Signed Ap. 19,2001 , Showing corrected Size of Lot"A". Vicinity Map, Otto & Culver/Jasper Freese, 1980 showing Lots A & B. I\ II I % 2-1 K,'' 10Z-1Z /.: • 0 1 P -I- . C? ---.....c> "- :/ i `. '* 6b£-Z O ir� � t % rr�,/ / Z £1Ik ! %!Tr'1 i7Z-Z !� J/, isa , £-I' £j . -7 A\ 8S6 .d ,� II •� £b£-Z 9'017-Z ",7. C\ - •pih 7 v G�i.-� _ y. r i / �fi ',.3 #: ' -.11 / i Ye' Zti -£-Z y s asn I / > e .r 14/1 #$• .-asn 0...,,,,,/9=b � ` '1 J O G >' k 8sn 04 1 = / W ' A i ,,, , / / '7r-7 y - •-•tb:—• rmies.1ti�►1/r.r::4 . _ Yom'.'. .it— -l!�.'! _�_. . I. do hvnr�l Uzi- ) r .1 ` Id r IC . . aYr • e .� •4. ! t } ail 'ik "liki: f .t - � r ,. ts.. , 4, ! 1 ,.gam , • i t I 3 sets—tit•aztkaymi•r, -. ir 3 pm_ i :i :ea _ 413 .,J..irot .. - ;., t L T Y1"-1,,,1 y • • •fit +I H ' I L i i 4 yhK,ti s':;tom . A ; . 1 ♦ t,� -r=.s,� t . . .,, ,11, ;tit : •• ifiptiltr" . , 1.N *I. 'ie.:OEM(104S' at‘ill lifi I t '611 I • ws •"}tt4W 'jfl r4'l4}hitj4J. !• 4. • ?14 P t� 4- viz • 610�i o cC 1. Yki:gib ��I %.1izs ,',=1; silty• . , i pi, ,.... T N3 , . ss.ssi_n======in 41.18.11 4 M . qv,_ , 7 I \it , n r J • • k...„.... -, w A, . CP — . - ;if*. :.,' .„ - 11)..rt ....... $ 1.17 dp, : 1 ''q'ya.•it ....,_.‘c.i.......) Is . 1,, I,. ti • l Jl i s. .� _i • . •44. i. r dl • 1 it Ili .-ort •i . 11 N. :IL , ale- • i ' il. • `. T r r •tr. - . I, w • M R' ' f 404 • raj.. A ^ . - rte_ y 4 SLIC : sow.tia fleare r. r Search-- S rech iyNam T e -Permitt iris, ` OccupVed Se fPait m YP ! w a escrJ•ti; (BRANCUCCI STEVE r 03668 NE4 .F-Fr-: 30 J1. MO (BRANCUCCI STEVE .� 13792 NE4 SE466 01 130 ELE • ,B(BRANCUCCI STEVE 17436 SE4 PT 66 01 30 NE1 IBRANCUCCI STEVE 1 1• 7621 N2 NE NE4 66 01 30 HE/ BRANCUCCI STEVE p 03196 NE4 SE4 PT 66 01 30 r---r------ AC( JBRANCUCCI 1 B• CV-00006 SE4 PT 66 01 30 CA; BRANCUCCI STEVE&CAROLINE 1" RE-00470 SE4 PT 86 01 30 RE( IBRANCUCCI STEVE ir-- S• E-00126 E2 PT 66 01 30 SUE BRANCUCCI STEVE rJVI00159 1 1 ! I i 1 BRANCUCCI STEVE AND CAROLINE IS Z 00342 E2 PT 66 (01 �J30 1 I Ca BRANCUCCI STEVE AND CAROLINE ,'a Z• -00343 (SE4 PT 66 01r 30r Fc`: • (BRANCUCCI STEVE :..1 ZPMH 1626 NE4 SE4 66 01 30 ) AC( ee t span tat/ rc 5 mate D"escrip"�ion -- _ VING RES TWO UNITS J J J 08/17/1973 !C STEEL BLDG J1in 03/27/1979 N ELECTRIC 1 1 01/27/1981 • TER GAR 7 C . 03/10/1981 HESS TO FARM J I 04/12/1990 3E CLOSED 2-10-86 IM 01/08/1986 ;ORDED EXEMPTION 09/23/1980 3DIVISION EXEMPT r 10/09/1980 01/04/1980 Z TO �� 09/18/1980 Z A TO I in-0577= • DESSORY TO FARM ""s".."1"1"......I1 J 03/06/1990 - �o0 greese Engineering , ENGINEERING CONSULTANTS MAILING ADDRESS: BOX 913 JASPER "JAY" FREESE OFFICE. 2506 6TH AVENUE REGISTERED PROFESSIONAL ENGINEER GREELEY. COLO. 80631 REGISTERED LAND SURVEYOR PHONE 352.0100 February 21 , 1983 Mr. Drew Scheltinga Weld County Engineer 933 North 11th Avenue Greeley, Colorado 80631 SUBJECT: Brancucci Drainage Plan - 4 acre Industrial Zone SEti, Section 30, T. 1 N. , R. 66 West Dear Sir: Enclosed is a copy of the site plan and a copy of the design computations for the subject property. The proposed development takes up only a small portion of the site and discus- sion with your staff indicated that a complete drainage report would not be required. The site is quite flat and drains in a generally northerly direction to farm land owned by the Brancuccis. For the purpose of computation I have analyzed just the 130 x 130 foot area containing the building and its parking. The computations are done according to City of Greeley procedures and produce a required total storage volume of 2300 cubic feet. The total site can easily accept the runoff and it is recommended that no storage be provided now. As this site develops, a re-evaluation of the drainage will be required. The building and ,parking will he constructed to permit no runoff to the county road and to slope the runoff north to the adjoining farm land. The County may wish to require that Mr. Brancucci furnish a letter stating that the owners of the farm land will accept the runoff from the site. • February 21 , 1963 Mr. Drew Scheltinga Page - 2 - If you have any questions regarding the proposed site and drainage plan, please contact me. Respectful) submitted ` ��a.?•�., ' 7. • }'i-i c EpisiExeU". • = ♦' ��* Jaspe- Fr- ese ;y� ��a 4392 Colora.. P. . & L.S. Not4` 2 ro x� r,� Enclosures: 1 compu site tationlan s 44 OF CO� .� P n.uu... cc: Mr. Steve Brancucci D & S Steel Name A'< -1--,2Ec a 4._ Date F 15 I of I 9 6 3 /� J Assignment iJ..t_f',Uc �-'c•_ ..rnmvn,l,C.,,,9. SHT I of A. TECH. DIV. A _. (3J >c 13,0 = I lo9 'OO r....--r {—j 1 5-conic C•I = C)• :ZO • J •12)c.�I 40 liJc, • I O0 x Go (o.GOC F•-•-i- x . 9 S — 5jZO0 _ . . . . _.. . l:>QP...1c: , PGRI<<a 4 ZB 50 F'f X . -\?' G 0 OPc..,, . S0 Ac E • .. . . • - 3a 50 . FTC ),.. 4c _ I o - . I2J2oc/IG,900 = . 'Z 2 •'D Evc L..,--,P.e . C ', 1. . .0..-t.2 . - (00 ,-r"6.r '�YV«,.�-•..._ 1 C ' = I .:e-5 - . C7 . --= --N.2x I .25 ..Z.: . Q • 10• �.. 20 • Nc�aV's' E7 E7 2 2 . 3ci •a�a�� • • c = C Jl =-`-fro :. - N ^,/l .. ...... - Q 1 - CC-41A - . 2c) 2 .25x •39 _ . i 1 G - -. ...- �•'� -I-1 iTn n. IG - 40Q' ... -• �._ . tax . 34 _ = . 35 S . .. E.__T— ��,a . _= 'iafµ�- . ... . . • i • 5 • . . 5 g.4 2..9 8 zo 1 54 B<o IC L7.(a Z. 1 38 1 a 8 1 2".c.a - , 1 5 5.4 t .q 1 _\i0 IC,.2- t '5 Jo 20 4 , Co I . Cp l 920 2 I Gc _ 1 "Coo _ _.. ...— _.._... 0 3•7 I . 3 2x4.0 ?,'•.4 3.O3-C ao ?.o t . I 2C. 40 43s".. 22 o - .0 2.--c . q 5 Z'2 5 5 O 1 c "F ,�IG/2-,'.,-.)L':- --, .,) '.. 1-:7 r•.AI G. G- _, rJ 2 �o z •3 • 8 Z88o X4 8 2.2-3', • • _� 64.'2e7s .O •, . .tAQC'4-11. :.G oP" C:-r-4 c, c• G_, r <. L- < . .4- L_A.;�C.�.4o..,� V'A l—.J .2 . . . .. . .. _. - BRANOIJde/ — PLOT PLAN SE., 50c on 3O, T1N., .P 66 W. I 9826 97.96 I +98.05 + guitata/0 /00'X 60'= 6000 n-2, .95• .5227 6,egbE4 a.Qebc6 755747z A' . 75 - OGEA/ SPACE 3050 P7fi X .20 ,- 6/0 NA57aeK' "C" r 0.70 as ao' o 'L7"- 0.72 Q S - 98 /30. / +98.50 +A9.64 t / . i / . : -0 n . / SU/Mr 8 o ._:1 z 7 A .mm' cn oS i 6a1 useo- -gMe5.$ i SW L at€CK .70 11a' za' 10/.40i �i s,5rbv6&1'eo.U5 —99.35 +99.18 +98.97 +99-16 +98.92 1 �l +99.32 +9955 +9942 +99.24 2 +99.3/ WALE: / _5Q' Q +99.48 +99.71 +99.63 +99.69 +9959 WEGo CouNrY ROAD No. 4 1987-/52 N2.CORDED EXEMPTION N- 1470-30-4 -RE 470 Legal Description That part of the SE3 SE-1/4 of Section 30, Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado, described as: Beginning at the Southeast corner of said Section 30 and considering the south line of the SEl of said Section 30 as bearing North 90° 00'00" West,-+pith all Wl ✓ OW other bearings contained herein relative thereto; Thence North 90°00'00" West, along said south line, 915.00 feet; Thence North 00°00'00" East, 30.00 feet to the True Point of Beginning; 104-> Thence continuing North 00° 00'00" East, 162.92 feet; Thence North 47°33'17" East, 33.74 feet; Thence i South 8R il'oad EThence5.64 North 14° 01' 30et to " E,st alonghsaid west line line,f the 1176.07 feet; Union Pacific Railroad; Thence North 89°57'00" West, along the North line of the SEA SE% of said Section 30, 1132.14 feet; Thence South 00°02'00" West, along the West line of the SEA SEs of said Section 30, 1290.60 feet; Thence South 90°00'00" East, 425. 73 feet to the True Point of Beginning. Except that portion recorded in Book 1190, Page 530, Weld County Records. Said described parcel of land contains 27.149 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. •iI 1L. J �;�� .� • • • g 4y}ai Z 45 4 I I ....„/ S / '4t i://,'(/ _a O Z / USR e4r • 905 z- 45 usR , f, cc (Z6 et /z6181 3 USR-9',", � Z-3 ' so oic em s 26 \ // I A 10 tt Z-406 II 0. Z-343 ii;l UP22f 11 Z 45 jg ; /l /958 a� I 3 /)G. � � ��$1 \T`'�� Z.:241!-; 2-350. Cal A O- G176 J V _ t 'j _ F ��o l• � .. 1 r : .h^Y/C S..oE,FS.tl3_ Yr i h f / / ?'1 y1 iLlff.crr risr r%r� c.��;' n� ego,r • P.-::T J _ / i - 4CC , '! ,1, 01 It/, 5 / —O N re / J 31 / I: . n 5 1 f' _ 4 , 1 � 14: 1n a1 54�.44A/ /212A.trez,rC-f' . ENGINEERS PlANN£RS /2'/ aiCn d 01 7 SURVEYORS OWEN AYRES & ASSOCIATES INC /3V1Ak.. , co. geoei P. o. BOX 658 303 - 6'59 5 1 • A 12T 17 NORTH 12TH AVENUE WK, �A. BRIGHTON. COLORADO 80601 ad S 90°00'60"w '' LEGEND i 4Z 7.93 N 90°00` ()di E i 16\ I o DENOTE: SET I.5'7r 234.00' (1 4 REaAR W/CtP 7./� II i+.S. c,973 CONTAINS 2.5toA0RES. 11 •DENclrEg: i ONE MORE Ok LESS ii ' "3 RE NA vv j CAP i (INCLUDES WELD Co. Rb.1 ii , X10.4 R.OW J I 'L.S, a730 =0 _ _1 =o _ o a ! o -4- DE.NOTTS:FENCE -o -� g 3 i n...._P—UCJ0TES• POWER I o ti a • Z."(ce.tiz��o ,._ 0 1 0 0 (371/ II i � { i $ II yT.7 FIELD ROAD! I �' T $ J 3.a 11 w b ) -ii 0.df \- in- .41- , -\, i _ a 224.8©` 2340 - Pi N 9000` 00" E �E co. R, ' 4 4383' 132417' _ 8 5OUTK LINE SW t{4 SE VII- 5.E CDR., S•W 114,S+ .(/4 S.E. CoR.,S.E.�4-, g SECTION 30,TOWNSH IP/ SECTION 30, o • too 200 1 N O R TH, RANGE (o�n WEST TOWNSHIP I NORTH, 3CA1€.: t'r= too' RMGEGG WEST I,1:(:AI, ()E:;(:};I i' 13UN`1: I'Ita1 1>ar.I ut- 1 III. S4 MI lit;.'•:I ''n.•-,111:11 C vi ..I I 11'• ::utii ilart•r.l (Int•-riiiat I (•1 1)t ;,[•t•C i 'Ili it} , l.•rrit';ltiI• 1 :1,•111. , ('.114)'1- tit. Wt-•.I ..1 1111. 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Sitl, l(,':i. t" Ow R.U.lv. .,( IA,hl I'":1141 v 1t..:.lil N'). ''1. ' (:1)11I a[IlS 2.'11{) A' -I'S 111,>I ,' .'1- _ ____ . ..._ . 14'S5 i I:r•{'P'! 1 I:;; t 1:;• ,lt. .,,. _ _______._� DISTRIBUTION OF PRINTS ! .'r ld(• 1 `OttilitIk,//ll(( N'1. !+. DATE.,------------------ - TO WHOM SEAL �yi rte. • �.....�- w • - *` 6973 •. r .--_._.. .___ CERTIFICATE OF SURV4.s_A-4. SUA.�:.tr� 15OU4DARY SURVEY_ I hereby certify that the 4OceptA - FSkt r= =�i-e' ""'T/4 50A 9TZI e- —OF - E (€TH was made by :nn arid undrdirect:rek1�tnd ,, MER4t71AN,WE�� CpuNTY COIISRADQ is accurately shown on this plat to the best of .pg.. . -..-_ _....- ... -_. _--.—i.__._ rn+ knt>ie(ign and belie -,"/ ,sale. I"' 100'.. . Dale OCTOBER, 7, 19131 File No.317140:-.1.5-.1. TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8053491 1 . Effective Date : May 21, 2001 at 7 :00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 5, 000 . 00 $310 . 00 Proposed Insured: Foster Properties, Inc. , a Colorado Corporation B. ALTA Loan Policy $ $ Proposed Insured: Tax Info Services $20 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Ralph Brenning and Maxine A. Brenning, as joint tenants 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By MARGARET A STEPHENSON Authorized Signature Issued: June 01, 2001 MAS/jd May 2E 01 1o: 07a Colorado Homes 6 Land Inc dud-au•r-1 /e� r .Pi MAY 03 '01 09:37111 FOSTER EOUIPtENT CO AC KLAN! P.O. eox iss ASSOCIATES , INC hO°65B- 4p ,ow E TREE 8AIDGE ST F0l-659-677? aAicHrow COLORADO 80601 SURVEYING -- ENGINEERING , f . • ,, ,,,..9 _ , • NOT TO SCALE 1 - ui J,,, 722/422 l i t!) J oCC T.P.O.B. (D O Parcel 2 .r— (D PARCEL 2 , woo L CONTAINS: 5886.60 S.F., < O to O 0.14 AC. MORE OR LESS cc . . zj N 7 U Ste- �� a Q Z zNt t o �- 4Lo .e n Li / o o n z V I /17-3 �_ •e • N .-- a n jw n 0 0 . o 2 O • u 7'° O ,e • O 8 /- Io g COC , U. z /o 2. M Z a / w /let r � Scsr ' es C / Z. v ^� o ln O .5 o � LC tii-C c c uS 30.00•: L2 N 00.03'26- W 25.16' m • ® S 00'03'26" E 25.16' gs L4 N 90'00'00" E 14.23' 3 L5 N 90'00'00" W 14.23' T.P.O.B: North R ght—of—WOI I'M ,1fCR 4 Parcel 1 N 90'00'00" E 234.00 WELD COUNTY ROAD 4 JI ` o 4 9i N 9P00_00_E_1y12_4.19' ________12 0 o South Una Sen/4SE1/4 Sec. 30 — r n jr - SE Cor. SW1/4SE1/4 SW Cor. SW1/45E16W Sec. 30, T.1 N., R.66W. Sec. 30. T.1 N., R.66W. H I B IT "A„ TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053491 SCHEDULE A - Continued LEGAL DESCRIPTION That part of the SW1/4 of the SE1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, described as follows : Beginning at the Southeast corner of the SW1/4 of the SE1/4 of said Section 30 ; thence South 90 degrees 00 minutes 00 seconds West along the South line of the SW1/4 of the SE1/4 of said Section 30 a distance of 14 .23 feet; thence North 00 degrees 03 minutes 26 seconds West a distance of 30 . 00 feet to the North right of way line of Weld County Road 4, said point being the True Point of Beginning, said point also being the Southeast corner of that certain parcel of land described in deed recorded August 10, 1990 in Book 1272 as Reception No. 2222976 ; thence North 00 degrees 03 minutes 26 seconds West along the East line of parcel described in deed recorded August 10 , 1990 in Book 1272 as Reception No. 2222976 and the Northerly extension of said East line a distance of 413 . 73 feet; thence South 90 degrees 00 minutes 00 seconds East, a distance of 14 . 23 feet to the East line of the SW1/4 of the SE1/4 of said Section 30; thence South 00 degrees 03 minutes 26 seconds East along the East line of the SW1/4 of the SE1/4 of said Section 30 a distance of 413 . 73 feet to the North right of way line of Weld County Road 4 ; thence South 90 degrees 00 minutes 00 seconds West along the North right of way line of Weld County Road 4 a distance of 14 . 23 feet to the True Point of Beginning. Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053491 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS COMMITMENT POUNTIL IIT HAS IBEEN PROVIDED ANCERRTIFICATE OF ACE P TAXES DUELATED BY T S OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE CONTY HAS NOTIFIED ORR INSTRUCTED ZTHE ED ACO PANYGENT; RIN�WRITING TOTIL THE PROPOSED THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND ANDE RECORDER TMAY REFUSE MTO RECORD FORT FILE SANY T NDOCUMENTN THAT CH. T HE CLERK AND MARGIN DOES NOT CONFORM. A. Deed from Ralph Brenning and Maxine A. Brenning to Foster Properties, Inc . , a Colorado Corporation. NOTE : The deed called for above should contain a reservation of all oil , gas and other minerals and mineral rights to; Ralph Brenning and Maxine A. Brenning. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053491 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . theretoforer right orhereafterlfurnished,services, imposed bylabor lawoand material shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE F TAXES DUE LISTING EACHTAXING MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY JURISDICTION TREASURER' S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053491 SCHEDULE B - Continued EXCEPTIONS 7 . Reservation of right of way for any ditches or canals constructed by authority of the United States, in U. S . Patent recorded December 23 , 1908 in Book 132 at Page 387 . 8 . Right of way, whether in fee or easement only, to construct and maintain an irrigation ditch along the foot of the mesa bank across said land as conveyed to D. J. McCanne by Deed recorded July 10, 1896 in Book 149 at Page 163, in which the specific location is not defined. 9 . Oil and gas lease between Ralph Brenning and Maxine A. Brenning aka Maxine Brenning and Barrett Energy Company dated December 15, 1982 for a term of 5 years, recorded January 14 , 1983 in Book 986 as Reception No. 1914462 and Correction of Description in Lease recorded December 23 , 1985 in Book 1096 as Reception No. 2036725, and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Barrett Energy Company, recorded May 10 , 1984 in Book 1030 as Reception No . 1966302 . NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 99D as Reception No. 1919757 . (f) Western Gas Supply Company, Recorded April 2, 1985 in Book 1063 as Reception No. 2004300 . (g) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . (h) United Power, Inc . , formerly Union Rural Electric Association, Inc . , recorded January 24 , 1991 in Book 1288 as Reception No. 02239296 . Page 5 Page: 1 Report Date: 05/29/2001 08:45AM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE CERT k: 12360 SCHEDULE NO: R6276386 ORDER NO: 8053491 ASSESSED TO: VENDOR NO: 12 BRENNING RALPH &MAXINE A TRANSNATION TITLE 1212 GRANT ST 1113 10TH AVE LONGMONT, CO 80501 GREELEY CO 80631 LEGAL DESCRIPTION: 15999 PT SW4SE4 30 1 66 COMMENCE AT SE COR SEC S89D31'W 1572' N30' TO BEG N0D38'W 346' N89D31'E 234' N37' M/L W470' M/L S383' E SITUS TO BEG ADD:%12679 WCR 4 PARCEL: 147130000078 12679 4 CR WELD AID TOTAL DUE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES 00 D 473.81 2000 TAX 947.62 0.00 0.00 473.81 TOTAL TAXES 473.81 GRAND TOTAL DUE GOOD THROUGH 05/30/2001 ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT 2027- Values Actual Assessed Authority Mill Levy Amount WELD COUNTY 22.038 226.56 RESIDENTIAL 96,279 9,370 SCHOOL DIST 27J 54.581 561.10 AGRICULTURAL B 3,155 CCW WATER 1.117 11.48 CCS 1.900 19.53 TOTAL 99,434 10,280 BRIGHTON FIRE 3.249 33.40 WELD LIBRARY 92.180 947.62 - TAXES FOR 2000 FEE FOR THIS CERTIFICATE 10.00 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 I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXTHERI AN CLERK. R T CTS D THE NDARIES OF COUNTY ASSESSOR.SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMThis certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I.the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same .a 'still be redeemedif ae �1nt �7 ay required for redemption are as noted herein.In witness whereof,I have hereunto set myQ TREASURER,WELD COUNTY, ARTHUR L. WILLIS II,BY P.O.Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 ' ISSUED BY COMMITMENT FOR TITLE INSURANCE TRANSNAHON TITLE INSURANCE COMPANY Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY Q /�S lG_. / /f i Ncotrorogo G By: Attest: /7gw,e�(/iyfT/ U"�fL'-r,ti , (/// trri If,n91 President Secretary * *5 ARIZO%KO Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by filure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if h Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page �__� AI,MA fDAC wn,n u,u TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8053490 1 . Effective Date: May 21, 2001 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 5, 000 . 00 $310 . 00 Proposed Insured: Ralph Brenning and Maxine A. Brenning B. ALTA Loan Policy $ $ Proposed Insured: Tax Info Services $20 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Foster Properties, Inc . , a Colorado Corporation, formerly Foster-Reed, Inc. , a Colorado Corporation (See Requirements) 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By MARGARET A STEPHENSON Authorized Signature Issued: June 01, 2001 I MAS/jd • TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE A - Continued LEGAL DESCRIPTION That parRange 66tWesttof the/4 6thf the P.M. SE1/4 Countyfof Section Weld, StateTownship ofhe of Colorado, described as follows : Beginning at the Southeast corner of the SW1/4 of the SE1/4 of said Section 30 ; thence South 90 degrees 00 minutes 00 seconds West along the South line of the SW1/4 of the SE1/4 of said Section 30 a distance of 14 . 23 feet; thence North 00 degrees 03 minutes 26 seconds West a distance of 30 feet to the North right of way line of Weld County Road 4 , also being the Southeast corner of that certain parcel of land described in deed recorded August 10 , 1990 in Book 1272 as Reception No. 2222976; thence North 00 degrees 03 minutes 26 seconds West along the East line of parcel described in deed recorded August 10 , 1990 in Book 1272 as Reception No. 2222976 a distance of 320 . 84 feet to the True Point of Beginning; thence North 90 degrees 00 minutes 00 seconds West a distance of 234 . 00 feet to the West line of parcel described in deed recorded August 10, 1990 in Book 1272 as Reception No. 2222976 ; thence North 00 degrees 03 minutes 26 seconds West along said West line a distance of 25 . 16 feet to the Northwest corner of parcel described in deed recorded August 10 , 1990 in Book 1272 as Reception No. 2222976 ; thence North 90 degrees 00 minutes 00 seconds East along the North line of parcel described in deed recorded August 10, 1990 in Book 1272 as Reception No. 2222976 a distance of 234 . 00 feet to the Northeast corner of parcel described in deed recorded August 10, 1990 in Book 1272 as Reception No. 2222976 ; thence South 00 degrees 03 minutes 26 seconds East along the East line of parcel described in deed recorded August 10 , 1990 in Book 1272 as Reception No. 2222976 a distance of 25 . 16 feet to the True Point of Beginning. cp. Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with itmprt recorded rior to the issuance of said policy or policies. Any othereinstrumn under Schedule B subsequent to the date hereof may appear as an of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE HAS NOTIFIED TREASURER' S AUTHORIZED AGENT; OR PROPOSED ORINSTRUCTEDTHECOMPANYIN WRITING TO THE CONTRARY. NOTE: THE IF THS PRICEIEXCEE SA$100, 000 . 00,ETHE SELLER S A SALE FMUST COMPLY TWI WITH THE SALES THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604 .5 (NONRESIDENT WITHHOLDING) . NOTE: ALL EFFECTIVE SEPTEMBER 1, 1997 , CRS 30-10-406 REQUIRES THAT DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND ANDERECORDERTMAY REFUSEMTO RECORD FORT FILE SANY T NDOCUMENTN THAT CH. T HE CLERK MARGIN DOES NOT CONFORM. A. Colorado, evidencing by the SeCertificate, issud cretary F of State corporation changed its name to Foster Properties, Inc . , a Colorado corporation. Said certificate must be recorded. B. Deed, executed by the President, Vice President or other head officer from Foster Properties, Inc . , a Colorado Corporation to Ralph Brenning and Maxine A. Brenning. NOTE: Corporate Seal or facsimile must be affixed. NOTE: The deed called for above should convey the property to Ralph Brenning and Maxine A. Brenning, in joint tenancy. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE A - Continued REQUIREMENTS NOTE: The deed called for above should contain a reservation of all oil, gas and other minerals and mineral rights to Foster Properties, Inc . , a Colorado corporation. V C, Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . or r al 4 . An lien,theretoforer right orhereafterlfurnished, imposed by for services, b law oand anot lshown by the public records. 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE F TAXES DUE LISTING EACHTAXING ISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; S(C)UCH DISTRICTSON MAYEGING BEOBTAINEDCIAL FROMDTHERICTS BOARD OF THE BOUNDARIES OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 5 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE B - Continued EXCEPTIONS 7 . Reservation of right of way for any ditches or canals constructed by authority of the United States, in U. S . Patent recorded December 23 , 1908 in Book 132 at Page 387 . 8 . Right of way, whether in fee or easement only, to construct and maintain an irrigation ditch along the foot of the Mesa bank across said land as conveyed to D. J. McCanne by Deed recorded July 10, 1896 in Book 149 at Page 163 . 9 . One-half grantors interest in all oil, gas and other mineral rights, as reserved by Brighton Grain Co. , Inc . , a Colorado Corporation in the Deed to Berry Construction Co. , Inc. recorded July 27, 1973 in Book 696 as Reception No. 1618177, and re-recorded September 24, 1973 in Book 700 as Reception No. 1621880 , and any interests therein or rights thereunder. 10 . Oil and gas lease between Johnson Oil Field Service, Inc . and Barrett Energy Co. dated March 15, 1984, recorded November 16, 1984 in Book 1049 as Reception No. 1988803 , and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Barrett Energy Company, recorded September 11, 1985 in Book 1084 as Reception No. 02024462 . 11 . Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments in the office of the Clerk and Recorder of the County in which subject property is situated that any right of access exists to an open public roadway. NOTE : THIS EXCEPTION MAY BE DELETED WHEN THIS PARCEL IS COMBINED WITH ADJOINING PROPERTY OWNED BY RALPH BRENNIN? AND MAXINE A. BRENNING. Page 6 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8053490 SCHEDULE B - Continued EXCEPTIONS NOTE : The following notices pursuant to CRS 9-1 .5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (f) Western Gas Supply Company, Recorded April 2 , 1985 in Book 1063 as Reception No. 2004300 . (g) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . (h) United Power, Inc . , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296 . 0 Page 7 • Report Date: 05/29/2001 08:45AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 12359 SCHEDULE NO: R6275586 ORDER NO: 8053490 ASSESSED TO: VENDOR NO: 12 FOSTER-REED INC TRANSNATION TITLE 12739 COUNTY RD 4 1113 10TH AVE BRIGHTON, CO 806019301 GREELEY CO 80631 LEGAL DESCRIPTION: 15999A PT SW4SE4 30 1 66 BEG AT PT S89D31'W 1338' &30'N OF SE COR SEC S89D31'W 234' N0D38'W 346' N89D31'E 234' S0D38'E 346' TO BEG(1.85A M/L) %12739 WCR 4% PARCEL: 147130000017 SITUS ADD: 12739 4 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2000 TAX 5,114.14 0.00 0.00 5,114.14 0.00 TOTAL TAXES 0.00 -- GRAND TOTAL DUE GOOD THROUGH 05/30/2001 0.00 ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT 2027- • Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 1,222.67 COMMERCIAL 191,293 55,480 SCHOOL DIST 27J 54.581 3,028.15 CCW WATER 1.117 61.97 TOTAL 191,293 55,480 CCS WATER 1.900 105.41 BRIGHTON FIRE 9.295 515.69 WELD LIBRARY 3.249 180.25 92.180 5,114.14 - TAXES FOR 2000 FEE FOR THIS CERTIFICATE 10.00 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 I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK.OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my ha a s I ' 29 ay of Mal. TREASURER,WELD COUNTY, ARTHUR L.WILLIS II,BY (//r%/J a r P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 Report Date: 05/29/2001 08:44AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: P1442799 ASSESSED TO: FOSTER EQUIPMENT CO INS 12739 WCR 4 BRIGHTON, CO 80601 LEGAL DESCRIPTION: 15999 PT SW4 SE4 30 1 66 BEG AT PT S89D31'W 1338' SITUS: 12739 4 CR BRIGHTON 80601 PARCEL: 147130000017 SITUS ADD: 12739 4 CR BRIGHTON TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2000 TAX 728.22 0.00 0.00 728.22 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/29/2001 0.00 ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT 2027- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 174.10 PERS PROP 27,238 7,900 SCHOOL DIST 27J 54.581 431.19 CCW WATER 1.117 8.82 TOTAL 27,238 7,900 CCS WATER 1.900 15.01 BRIGHTON FIRE 9.295 73.43 WELD LIBRARY 3.249 25.67 92.180 728.22 - TAXES FOR 2000 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 I. 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 r Cr ISSUED BY COMMITMENT FOR TITLE INSURANCE TRANSNATION TITLE INSURANCE COMPANY Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the • Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment'is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. • TRANSNATION TITLE INSURANCE COMPANY nt Q // / 4 ::: ?i Attest: / 4wo�y v By' ( / v $4 Secretary President *= * e In woo- Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Comparky otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,-the Compahy at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page �__� 4fMA "AO ....,nuu, TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8050404B 1 . Effective Date: July 14, 2000 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 120 , 000 . 00 $576 . 00 Proposed Insured: Foster Properties, Inc. , a Colorado corporation B. ALTA Loan Policy $ $ Proposed Insured: Tax Certificate $15 . 00 $50 . 00 Form 110 . 1 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Stephan J. Brancucci 4 . The land referred to in this commitment is described as follows : Lot A of Recorded Exemption No. 1471-30-4-RE470, recorded February 13 , 1981 in Book 928 as Reception No. 1849616 , being a part of the SE1/4SE1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: July 26, 2000 WLC/TLF/jd TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8050404E SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMIHETEQUI PROVIDED DOCUMENTATIONFROMETHE COUNTY CERTIFICATE TAXES DUE OR NTYTREASURER OR THE OTHER UNTIL HAS NNOTIFIED ORRINST UCTEDZTHEED ACOMPANYGENT; RIN WRITING TOO E THE CONTRARY. NOTE:IF THIS THE PRICE EXCEEDS A$100, 000 . 00,CTION ETHE SELLER S A SALE FMUST COMPLY TWI WITH THE SALES THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604 .5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND ANDE RECORDER TMAY REFUSE MTO RECORD FORT FILE SANY T NDOCUMENT E-HALF NTHAT CH. T HE CLERK AND MARGIN DOES NOT CONFORM. A. The enclosed form of (180 , 181) Mechanics Lien Agreement of Indemnification is to be properly executed by the persons indicated and returned to Transnation Title Insurance Company. Endorsement Form 110 . 1 will be added to the Owner' s Policy to be issued deleting Items 1 and 4 under Schedule B. A B. A Boundary and Improvement Survey is to be delivered to and approved by Transnation Title Insurance Company. Endorsement Form 110 . 1 will be added to the Owner' s Policy to be issued deleting Items 2 and 3 under Schedule B. C. Deed from Stephan J. Brancucci to Foster Properties, Inc. , a Colorado corporation. Page 2 • TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8050404B SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . ien, for services, or or al 4 . Any lien,heretoforerorl hereafter ght to a lfurnished, imposed byblaw and anot lshown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE F TAXES DUE LISTING EACHJURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; S(C)UCH INFORMATION REGARDING OBTAINEDCIAL FROMDTHERICTS BOARD AND BOUNDARIES OF COUNTY THE COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8050404B SCHEDULE B - Continued EXCEPTIONS 7 . Reservations of (1) right of proprieto of rofwanypntatgve in or lode to extract his ore; and (2) rig way for any ditches canals recorded December d23 , 1908 by ointBook 132y of United at PageState387in U. S . Patent 8 . Oil and gas lease between Steve Brancucci and Caroline M. Brancucci and Aeon Energy Co. dated August 6 , 1981, recorded September 14 , 1981 in Book 947 as Reception No. 1868893 , and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit Energy vitof Production, pursuant to CRS 38-42-106 , by Barrett Co. , recorded May 10, 1984 in Book 1030 as Reception No. 1966388 . NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book 1229 as Reception No. 2175917 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (f) Panhand as Receptione astern 2058722 . Page recorded June 26, 1986 in Book 1117 Page 4 Report Date: 07/26/2000 08:18AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 10281 SCHEDULE NO: R6275986 ORDER NO: 8050404B ASSESSED TO: VENDOR NO: 12 BRANCUCCI STEPHAN I TRANSNATION TITLE 9954 WEST 85TH PLACE 1113 10TH AVE ARVADA, CO 80005 GREELEY CO 80631 LEGAL DESCRIPTION: 15997B PT SE4SE4 30 1 66 BEG 915'W&30'N OF SE COR NI62.92' N47D33'E 33.74' S84D53'E 415.64' TO PT WLY RAW LN UPRR NI4DO1'E 1176.07' N89D57'W 1132.14' SOOD02'W 1290.60' TO PT 30'N SW COR SE4SE4 E409' TO BEG(27.059A) (6RR3R)(#15998 IMPS ONLY GILMER C/O SHIRLEY BROOKS) PARCEL: 147130000019 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TOTAL TAXES TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 07/26/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 2027- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 95.21 Land 14887 4320 0 SCHOOL DIST 27J 48.068 207.64 Exempt 0 0 CCW WATER 1.144 4.94 Improve 0 CCS WATER 1.949 8.42 BRIGHTON FIRE 4.795 20.71 Total 14887 4320 WELD LIBRARY 3.249 14.04 81.243 350.96 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 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. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or I mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still beererreeddeemed with the amount required for redemption are as noted herein.In witness whereof,I have hereunto set my`�� A%d' of Ju Y. TREASURER,WELD COUNTY, ARTHUR L.WILLIS II,BY FCr P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 I MECHANIC' S LIEN AGREEMENT OF INDEMNIFICATION This Agreement of Indemnification is made by Stephan J. Brancucci The undersigned (hereinafter referred to as "Indemnitor (s) " ) for the benefit and protection of TRANSNATION TITLE INSURANCE COMPANY (hereinafter referred to as "The Company" ) : WHEREAS, The Company is being requested to issue its policy(ies) of title insurance insuring an interest in or title to the real property in the County of Weld, State of Colorado described in Commitment No. 8050404B issued by The Company on July 14, 2000 at 7 : 00 A.M. , or which is described as : Per Schedule A of said Commitment and WHEREAS, Printed Exception No. 4 under Schedule B of said Commitment relates to mechanic' s liens, and WHEREAS, The Company is unwilling to issue said policy(ies) without an exception (s) as to the liens of mechanics which affect or may affect the title hereto; and WHEREAS, the Indemnitor recognizes that The Company, in the normal course of its business, would not issue its policy(ies) insuring over mechanic' s liens unless the Indemnitor indemnifies The Company as hereafter agreed. NOW, THEREFORE, THE INDEMNITOR AGREES that in consideration of the issuance of a policy(ies) of title insurance without showinga therein nmaany y exception for mechanics' liens, will hold harmless, p rThe Company from and against any and all liabilities, losses, damages, expenses and charges, including but not limited to attorneys' fees and expenses of litigation, which may be sustained or incurred by The Company under, or arising directly or indirectly out of the issuance of any policy(ies) covering said land issued in manner so desired by Indemnitor; or under, or arising directly or indirectly out of the issuance of any policy (ies) of title insurance covering said land or any portion thereof, which The Company or its agents may at any time thereafter issue; and resulting directly or indirectly from any of the mechanics' liens indemnified against, or from any claim, action, proceeding, judgment, order or process arising from or based upon or growing out of any of said mechanics' liens or the omission to show any of the same in any policy of title insurance or title report . AND THE INDEMNITOR FURTHER AGREES that Indemnitor will diligently provide for the defense of any action based upon onmanany mhanics' lliens, approved a counsel to be selected and/or app by The y at discretion, and will promptly do all things necessary or appropriate to cause the title to said land to be cleared of the effect of said mechanics' liens and any other matters based thereon or arising directly or indirectly therefrom, and of any cloud on title created by or growing out of any of the foregoing; all of which shall be done at the sole expense of Indemnitor. If Indemnitor shall fail so to do then The Company may do the same, and may pay, compromise or settle any such mechanics' liens or any claim or demand based thereon if The Company deems such actions necessary for the protection of any of its insureds under any policy or of itself; and Indemnitor shall promptly reimburse The Company for any payment, expense or expenditure made or incurred in Page 1 so doing. If the Company holds any funds or security for the obligations of Indemnitor hereunder, it shall not be obligated to resort to such funds or security before enforcing the obligations of Indemnitor, but may enforce such obligations by any lawful means in the same manner and to the same extent as if no such funds or security were held. AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of the last mentioned paragraph, Indemnitor does hereby name, constitute and appoint The Company its attorney-in-fact to do all things necessary and convenient . AND THE INDEMNITOR FURTHER AGREES that in the event that any judgment shall be or shall have been rendered or any process shall be or shall have been issued, based upon mechanics' liens or any other matters growing out of any of the same, under which a sale could be held affecting or purporting to affect said land or any portion thereof, Indemnitor promises and agrees that it will satisfy the same and cause the same to be satisfied and discharged of record prior to the occurrence of any such sale . AND THE INDEMNITOR FURTHER AGREES that nothing herein shall be construed as an obligation on the part of the Company to issue any policy(ies) of title insurance nor an obligation on the part of The Company to obtain the issuance thereof, but in the event The Company does issue any policy(ies) in the manner contemplated, the undersigned Indemnitor gives the assurance and makes the agreements herein set forth, for the benefit of The Company. AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of this Agreement, the Indemnitor hereby tpaysslTs The Company the sum of N/C dollars ($-0-) and y discretion, may use any portion or portions or all of said funds for such purposes. At such time as all obligation of Indemnitor hereunder has been fully performed and the title to said real property is free of the effect of the mechanics' liens and free of the effect of any matters growing out of or based upon those mechanic' s liens and The Company has no present or contingent liability arising out of said mechanics' liens, The Company will repay to Indemnitor all funds remaining unused by The Company. AND THE INDEMNITOR FURTHER AGREES that the Company is hereby granted the right, at any time or from time to time, to tote any works examine nof the books, accounts and records of Indemnitor, pertaining an request, promptly improvement upon the land, and Indemnitor will, up furnish The Company with copies of all receipted bills or other evidence of payment or set-off for works of improvement upon the land and such other and further assurances and/or security as may be reasonably requested by The Company for its protection from liability. AND THE INDEMNITOR FURTHER AGREES that The Company is hereby granted the right to rely upon this Agreement in issuing policies of title insurance with respect to the land, whether or not Indemnitor is the person ordering the same, regardless of any change in ownership, title or interest in the land or the works of improvement thereon, or of any change of Indemnitor' s interest therein. Said right shall extend to subsequent policies issued with respect toe land. However, er,Indemnito7 vth may terminate said right at any time by g 9 notice writing, describing the land, signed by Indemnitor and delivered to The Company. The notice given under this paragraph shall be effective within a reasonable time after receipt by The Company. Page 2 AND THE INDEMNITOR FURTHER AGREES that wherever the term policy(ies) is used in this Agreement, it also shall include any document issuedto its customer such as binders, commitments, title reports, guarantees, letter reports . AND THE INDEMNITOR FURTHER AGREES that, if suit shall bee s brouf ght to enforce this Agreement, Indemnitor will pay the attorneys' he Company. AND THE INDEMNITOR FURTHER AGREES that all of the obligations of Indemnitor hereunder shall be several as well as joint . All of the provisions of this Agreement shall inure to the benefit of and bind the parties hereto and their legal representatives and successors in interest . IN WITNESS WHEREOF, the Indemnitors have this Mechanics' day Agreement of Indemnification this of , 19 (Indemnitor) Stephan J. Brancucci Page 3 • MECHANIC' S LIEN AGREEMENT OF INDEMNIFICATION This Agreement of Indemnification is made by Foster Properties, Inc . , a Colorado corporation The undersigned (hereinafter referred to as "Indemnitor (s) ") for the benefit and protection of TRANSNATION TITLE INSURANCE COMPANY (hereinafter referred to as "The Company" ) : as to any lien, or right to a lien, for services, labor or material ordered or contracted for by the undersigned. WHEREAS, The Company is being requested to issue its policy(ies) of title insurance insuring an interest in or title to the real property in the County of Weld, State of Colorado described in Commitment No. 8050404B issued by The Company on July 14, 2000 at 7 : 00 A.M. , or which is described as : Per Schedule A of said Commitment and WHEREAS, Printed Exception No. 4 under Schedule B of said Commitment relates to mechanic' s liens, and WHEREAS, The Company is unwilling to issue said policy(ies) without an exception (s) as to the liens of mechanics which affect or may affect the title hereto; and WHEREAS, the Indemnitor recognizes that The Company, in the normal course of its business, would not issue its policy(ies) insuring over mechanic' s liens unless the Indemnitor indemnifies The Company as hereafter agreed. NOW, THEREFORE, THE INDEMNITOR AGREES that in consideration of the issuance of a policy(ies) of title insurance without showing therein any exception for mechanics' liens, will hold harmless, protect and indemnify The Company from and against any and all liabilities, losses, damages, expenses and charges, including but not limited to attorneys' fees and expenses of litigation, which may be sustained or incurred by The Company under, or arising directly or indirectly out of the issuance of any policy (ies) covering said land issued in manner so desired by Indemnitor; or under, or arising directly or indirectly out of the issuance of any policy (ies) of title insurance covering said land or any portion thereof, which The Company or its agents may at any time thereafter issue; and resulting directly or indirectly from any of the mechanics' liens indemnified against, or from any claim, action, proceeding, judgment, order or process arising from or based upon or growing out of any of said mechanics' liens or the omission to show any of the same in any policy ,Of title insurance or title report . AND THE INDEMNITOR FURTHER AGREES that Indemnitor will diligently provide for the defense of any action based upon any mechanics' liens, counsel to be selected and/or approved by The Company at its sole discretion, and will promptly do all things necessary or appropriate to cause the title to said land to be cleared of the effect of said mechanics' liens and any other matters based thereon or arising directly or indirectly therefrom, and of any cloud on title created by or growing out of any of the foregoing; all of which shall be done at the sole expense of Indemnitor. If Indemnitor shall fail so to do then The Company may do the same, and may pay, compromise or settle any such mechanics' liens or any claim or demand based thereon if The Company deems such actions necessary for the protection of any of its insureds Page 1 under any policy or of itself; and Indemnitor shall promptly reimburse The Company for any payment, expense or expenditure made or incurred in so doing. If the Company holds any funds or security for the obligations of Indemnitor hereunder, it shall not be obligated to resort to such funds or security before enforcing the obligations of Indemnitor, but may enforce such obligations by any lawful means in the same manner and to the same extent as if no such funds or security were held. AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of the last mentioned paragraph, Indemnitor does hereby name, constitute and appoint The Company its attorney-in-fact to do all things necessary and convenient . AND THE INDEMNITOR FURTHER AGREES that in the event that any judgment shall be or shall have been rendered or any process shall be or shall have been issued, based upon mechanics' liens or any other matters growing out of any of the same, under which a sale could be held affecting or purporting to affect said land or any portion thereof, Indemnitor promises and agrees that it will satisfy the same and cause the same to be satisfied and discharged of record prior to the occurrence of any such sale . AND THE INDEMNITOR FURTHER AGREES that nothing herein shall be construed as an obligation on the part of the Company to issue any policy(ies) of title insurance nor an obligation on the part of The Company to obtain the issuance thereof, but in the event The Company does issue any policy (ies) in the manner contemplated, the undersigned Indemnitor gives the assurance and makes the agreements herein set forth, for the benefit of The Company. AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of this Agreement, the Indemnitor hereby pays The Company the sum of N/C dollars ($-0-) and the Company, in its sole discretion, may use any portion or portions or all of said funds for such purposes. At such time as all obligation of Indemnitor hereunder has been fully performed and the title to said real property is free of the effect of the mechanics' liens and free of the effect of any matters growing out of or based upon those mechanic' s liens and The Company has no present or contingent liability arising out of said mechanics' liens, The Company will repay to Indemnitor all funds remaining unused by The Company. AND THE INDEMNITOR FURTHER AGREES that the Company is hereby granted the right, at any time or from time to time, to examine the books, accounts and records of Indemnitor, pertaining to any works of improvement upon the land, and Indemnitor will, upon request, promptly; furnish The Company with copies of all receipted bills or other evidence of payment or set-off for works of improvement upon the land and such other and further assurances and/or security as may be reasonably requested by The Company for its protection from liability. AND THE INDEMNITOR FURTHER AGREES that The Company is hereby granted the right to rely upon this Agreement in issuing policies of title insurance with respect to the land, whether or not Indemnitor is the person ordering the same, regardless of any change in ownership, title or interest in the land or the works of improvement thereon, or of any Page 2 change of Indemnitor' s interest therein. Said right shall extend to subsequent policies issued with respect to the land. However, Indemnitor may terminate said right at any time by giving a notice of termination in writing, describing the land, signed by Indemnitor and delivered to The Company. The notice given under this paragraph shall be effective within a reasonable time after receipt by The Company. AND THE INDEMNITOR FURTHER AGREES that wherever the term policy(ies) is used in this Agreement, it also shall include any document issued to its customer such as binders, commitments, title reports, guarantees, letter reports . AND THE INDEMNITOR FURTHER AGREES that, if suit shall be brought to enforce this Agreement, Indemnitor will pay the attorneys' fees of The Company. AND THE INDEMNITOR FURTHER AGREES that all of the obligations of Indemnitor hereunder shall be several as well as joint . All of the provisions of this Agreement shall inure to the benefit of and bind the parties hereto and their legal representatives and successors in interest . IN WITNESS WHEREOF, the Indemnitors have executed this Mechanics' Lien Agreement of Indemnification this day of , 20 (Indemnitor) Foster Properties, Inc . , a Colorado corporation a Page 3 ISSUED By COMMITMENT FOR TITLE INSURANCE TRANSNATION TITLE INSURANCE COMPANY Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in.favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY /� �,/r�(.�/ ,rL- . / /n[, // ,\� . S ysts ,•{ ,y/v G'R/�"� 0/ 5tL)O110R1)f0 B Attest. //}GG (.�U y� President Secretary * *� AIZOltik \fit Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim amendment attl ,theot e om the pariy at its option may amend Schedule B of this Commitment accordingly, but such Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page ___ .nne nAa noirno et _._. Hello