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Home My WebLink About20012679 RESOLUTION RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE #21 FOR A RECORDED EXEMPTION - LIN AND LORI LINDHOLM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of September, 2001, at the hour of 9:00 a.m. in the Chambers of the Board, on behalf of Len and Lori Lindholm, 9754 Weld County Road 80, Fort Collins, Colorado 80524, for the purpose of considering whether or not there has been a substantial change in the facts and circumstances regarding the application for Recorded Exemption #2779, which was denied by the Board of County Commissioners by Resolution dated August 21, 2000, and WHEREAS, said action was taken concerning property described as: Part of the W1/2 NE1/4 of Section 22, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Jackie Johnson, Attorney, and WHEREAS, said hearing was conducted pursuant to the Board's policy concerning applications for land use for property previously denied, as set forth in Section 2-3-10 of the Weld County Code, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and, having been fully informed, finds that said request to apply for a Recorded Exemption shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant has demonstrated that a substantial change in facts and circumstances has occurred. a. The perpetual, recorded easement on the east side of the property to the current proposal for Lot A would have more weight than the previous application required. b. There is newly discovered evidence in the form of a letter provided by Mr. Schlotthauer as to the condition of the property and its agricultural viability. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been a substantial change in the facts and circumstances regarding the application of Lin and Lori Lindholm for a Recorded Exemption. 2001-2679• �?L. /9/(2J % t(2,Q),4, d RE2779 Pe SUBSTANTIAL CHANGE - LIN AND LORI LINDHOLM (RE #2779) PAGE 2 BE IT FURTHER RESOLVED by the Board that the request of Len and Lori Lindholm to apply for a Recorded Exemption be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a at, i Eta a EXCUSED M. J. eile, Chair Weld County Clerk to th o- a , 1861 ,. `CC.?t`t: � i eten � r-._-, Glenn Vaad, Pr BY: , .€it • it a. , Deputy Clerk to the Bo 1"C I /// Willi . Jer e APPRO ED AS TO M. � D vi E. L g ounty Attorn(?y a R bert D. Masden Date of signature: 947 2001-2679 RE2779 44t4; DEPARTMENT OF PLANNING SERVICES WISUBSTANTIALC DETERMINATION ADMINISTRATIVE REVIEW COLORADO Case#: SCH-21 Hearing Date: September 24, 2001 9:00 am Applicant: LIN & LORI LINDHOLM Address: 9754 WCR 80 Fort Collins, CO 80524 Planner: R. Anderson Request: A Review of a Previously Denied Application for Land Use (RE-2779), and request for a Substantial Change Determination. Legal Lot B of Recorded Exemption 1298 being a part of the west half of Section 22, Township Description: 7 North, Range 67 West of the 6T" Prime Meridian, Weld County, Colorado. Location: South of and Adjacent to Weld County Road 80 & %:Mile East of Weld County Road 19 Parcel #: 0705 22 000 047 Parcel Size: 46.50 +1-acres 1. It is the opinion of the Department of Planning Service's staff that the applicant has not demonstrated that a substantial change has occurred and recommends denial of the applicant's request. 2. The Weld County Board of County Commissioner's Resolution dated August 21, 2000 denied the Applicant's Recorded Exemption Request(RE-2779),for the following reasons: A. "It is the opinion of the Board of County Commissioners that this proposal evades the purpose of the Weld County Subdivision Ordinance as defined in Section 1.3." B. "The Board feels this division would be inconsistent with efficient and orderly development." C. "The Board feels that this proposal is not consistent with the Weld County Comprehensive Plan." D. "It is the opinion of the Board that any further division of these lots will create additional accesses onto Weld County Road 80 and will increase the density of the existing linear subdivision." 3. Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code, the Board of County Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a new application, the facts and circumstances of which are substantially changed from the initial application: Criteria 1. Has the land-use application substantially changed? (e.g.,substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) 2001-2679 The proposed access to Lot A(a Flag Pole Lot)from Weld County Road 80 and the creation of an Island Lot(Lot B)with an easement does not,in the opinion of the Department of Planning Services staff,constitute a substantial change.The Department of Planning Services advised the applicant, both prior to and at the August 21,2000 hearing and in subsequent meetings that Planning Services does not support the creation of Island Lots and discourages the creation of Flag Pole Lots. This assertion was supported by the Department of Public Works recommendation of denial of RE-2779. The applicant's current substantial change request proposes a long flag pole and the creation of an island lot that must obtain an easement across an adjacent property which abuts Weld County Road 80. Criteria 2. Have the surrounding land-uses substantially changed ? (e.g., has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) A thorough check of both pending and recently approved cases does not indicate that surrounding land uses have changed to the extent that it would affect the applicants plea.The applicant has not submitted any evidence to support a claim that surrounding land uses have changed substantially. Criteria 3. Have applicable provisions of the law substantially changed?(e.g., the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) Since the Applicants initial request, Weld County has adopted the 2000 Weld County Code. No substantial changes in the applicable provisions of the Code have substantially changed which would affect the applicant's request. The applicant has not submitted any evidence to support a claim that applicable provisions of the law have changed substantially. Criteria 4. Within the concept of rehearing the previously denied application, is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application ? The Department of Planning Services knows of no newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application nor has the applicant submitted any evidence to support a claim that there exists newly discovered evidence. 4. The applicant has submitted a single component (the reconfiguration of Lot A and B) which they propose represents a substantial change.This proposal does not appear to constitute a substantial change,rather it demonstrates the applicant's attempt at addressing the previously stated concerns raised by Planning Services and the Board of County Commissioners regarding the number of accesses to Weld County Road 80 as well as the creation of an island lot. The Department of Planning Services finds no compelling evidence to suggest that the information presented before you is substantially different than the information presented on August 21, 2000. 2 PLANNING FILE FLOW SHEET CASE # RE-2779 DATE: COMMENTS/ACTION 05/09/01 MET W/APPLICANT LEN LINDHOLM AND ATTORNEY JACQUELINE JOHNSON TO DISCUSS SUBSTANTIAL CHANGE HEARING PROCESS. PROVIDED SUMMARY AND CODE MATERIAL, ADVISED PLANTING STAFF IN ALL PROBABILITY WOULD FORWARD TO BCC WITH RECOMMENDATION OF DENIAL. DOES NOT APPEAR TO CONSTITUTE A SUBSTANTIAL CHANGE. DISCUSSED ISSUE OF FLAG LOT V. ISLAND LOT. DECISION WOULD BE UP BCC 05/14/01 FORWARDED TWO (2) SUBSTANTIAL CHANGE PACKAGES TO ATTORNEYS OFFICE 822 7T11 GRLY, CO 80631 (970) 352-3161 VIA USPO i' DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax# (970) 304-6498 APPLICATION FOR SUBSTANTIAL CHANGE Application Fee Receipt Number Case Number c e.H -2 Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). p Legal Description: ICI .1/4.3 PTIG - 5da,T7N Total Acreage: 4.So 4)- Zoning- A 6-7 La, LAN OA Parcel Number:_ ? 0,5 9 _aQ a CZ1___(12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). RE-Case number under which you are requesting the substantial change: RE- a7 FEE OWNERS OF PROPERTY Name: I En; + [_er , Lind i�o/ Home Phone t(5-/VoSto029OVork Phone #P/U) Y93-533 y Address: (I 15 y Go('IC ac City/State/Zip Code Fri, 1- Co( ( Co Sosa c/ Applicant or Authorized Agent: Ics,3. Li, alt /FN. 1 Phone# (91 0) COL-,• !..)4.1 V O Address: R•(5`( t&x"18o City/State/Zip Code F( ()I Ea i5 ' 6n y Name:tc \u \‘nx- )trm l Home Phone# Work Phone# ' 5o2-31h( Address:4. 1-(9' 44• -1 IOU City/State/Zip CodeGl\uQ a- Co c-10&3 • I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Signature: Owner or Autf`rorized Agent 5 WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. PATRICK M.GROOM R. SAM OLDENBURG GREELEY, CO 80631 TIMOTHY V. CLANCY JOHN J. BARRY JEFFREY T. BEDINGFIELD (970)352-3161 CHARLES A. KAROWSKY JACQUELINE JOHNSON RETIRED FACSIMILE(970)352-3165 SENDERS E-MAIL ADDRESS - AOHNSON@ WOBB-LLP.COM July 2, 2001 Weld County Planning Dept, C Robert Anderson, Planner V JL 2"�� Weld County Department of Planning Services RECEIVED 1555 N. 17th Avenue Greeley, CO 80631 Re: Substantial Change Application for RE-2779 by Len and Lori Lindholm Dear Mr. Anderson: With this letter we are delivering the Items Required for Submittal of the above-referenced application as indicated on the attached Substantial Change Procedural Guide. It is my understanding that you have the items which have not been checked. Please advise me if you have questions or require further information. Yours very truly, WITWER, OLDENBURG, BARRY& BEDINGFIELD, LLP cqueline Johnson vle Enclosures pc: Len and Lori Lindholm RE: RECORDED EXEMPTION#2779 FOR LEN AND LORI LINDHOLM PETITION FOR REHEARING Pursuant to Chapter 2,Article II §2-3-10 of the Weld County Code, Petitioners Len and Lori Lindholm (the"Petitioners") hereby petition the Board of County Commissioners of Weld County, Colorado (the "Board") to rehear the Petitioners' application for a Recorded Exemption on the grounds that there is a substantial change in the land-use application. The Petitioners provide the following information as grounds for this Petition: BACKGROUND INFORMATION In August,2000,the Board denied Petitioners' previous application for a Recorded Exemption to divide a 46.5 (+1-)acre lot into two parcels of approximately 25 and 21.5 acres. The primary reason for denial was the Board's concern that the proposal created additional accesses onto Weld County Road 80. SUBSTANTIAL CHANGE The Petitioners are proposing a substantial change in the configuration of and access to Lot A. In the previous application, the Petitioners proposed that both Lot A and Lot B of the proposed Recorded Exemption use the deeded easement extending from Weld County Road 80 along the east thirty feet(30') of the property lying immediately north of Petitioner's property, with the Petitioners granting an additional easement southward across Lot B to Lot A. (See Exhibit "A") In response the Board's concerns about this access to Lot A, the Petitioners are now proposing a change in the configuration of Lot A. This reconfiguration will eliminate the existing direct access to Weld County Road 80 from Lot B and will provide for such direct access from Lot A instead. (See Exhibit"B"). OTHER CONCERNS Another concern raised by the Board was the loss of production from prime agricultural land. The Petitioners are providing herewith a letter from the farmer who leases the farm ground on their parcel stating that, due to a change in drainage, he has been unable to successfully grow any crops other than pasture grass on the portion of the land which would become Lot A. Based upon the foregoing, the Petitioners respectfully request the Weld County Board of Commissioners to grant this Petition for Rehearing and to permit the Petitioners to file a new application for a Recorded Exemption with the Department of Planning Services. Dated this?I day of May, 2001. 0996/ / .E C-L.4 L Len Lindholm Lori Lind m • A W�11 C ry RDJ $o O Lai 3 L 1,04 A h,\A Q Ladd czunill LA. to i 3 Lol 3 L04 A May 27, 2001 TO WHOM IT MAY CONCERN: For the last eight years I have leased the farm ground owned by Len and Lori Lindholm and have farmed this land on a cash rent basis. I have been the only active farmer on this parcel for the last thirty-one years. In the past ten years, there has been a change in the drainage of the southern part of the parcel. Because of poor drainage and alkali conditions, I have not been able to successfully grow any crops except pasture grass on the portion of this land for which the Lindholms are seeking a recorded exemption. I do not believe that the proposed division of the Lindholm property will lower the agricultural production in any way. Everett Schlotthauer Kisa Weld County Referral ' July 20, 2001 C COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and %3 mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ rhave reviewed the request and find that it does/does not comply with our Comprehensive Plan e have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature n��/ w _ Date Act / 4 2d® y Agency R ..it,p- -etir-r� F +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,Co.C 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax h;,• intr\HIXIII;6 Wri4yEF E1�nnty Referral C ' VJUL 2 4 2001 July 20, 2001 O EINIRxrnt Haurrt sa;f l COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and %z mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan )I We have reviewed the request and find no conflicts with our interests. ❑ See attach£JJed letter. 'ttO 9 Comments: h e ac4 L�LFss.�1� ovt. -a a -7�J Signature a �`� Date /O P-OO/Agency P y - +Weld County Planning Dept. 01555 N. 17th Ave. Greeley,CO.80631 3(970)353-6100 ext.3540 +*(970)304-6498 fax RECEIVED El JUL 2 4 2001° 10-(4- WELD COUNTY r PUBLIC WORKS DEPT Weld County Referral July 20, 2001 Ci COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and %mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date tee —. to_ d_OO Agency +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM ft & Alt TO: Robert Anderson, Planner I DATE: August 13, 2001 II i FROM: Donald Carroll, Engineering Adnlitkilitqru �planning Dept. CSUBJECT: SCH-21, Len and Lori Lindholm tI COLORADO RECEIVED The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Significant Change Standards. Our comments and requirements are as follows: COMMENTS: WCR 41 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,Article III, Section 23-3-50,the required setback is measured from the future right-of-way line. WCR 78 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: Weld County Public Works Department has major concerns on the east access to lots A and B. Researching the original recorded exemption (RE-267), October, 1983, Daniel and Theresa Wethington property (lot B), there is no recorded access or easement across their property to your lots. The applicant shall supply an access or easement of record. Indicate on the plat whether the right-of- way/easement is dedicated,private,or deeded to provide adequate access across recorded exemption 267 to your lots A and B. The western access to lot B of record shall be utilized as an agricultural access only, if adequate documentation has been provided and the case has been approved. In accordance with Section 24-7-50 J of the Weld County Code , Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. The right-of-way or easement should be a graded and drained road to provide all-weather access. Both Lots A and B shall share a joint residential access point. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: SCI-I-21 m:\wpfiles\don-c\plan2sch.wpd tiero\y ‘p Weld' County County Referral IJuly 20, 2001 Ci COLORADO - The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and '/2 mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan X We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • Comments: �O V 161W:11(1Yn IAJC AJL c5Llra eat i (the? (t\¢M3 in f e.ocrpu4&. Signature Yl rn� Date CM(Dlni Agency 2t3Y41 ,n(?\'il'"I�YYlrlylcQ� +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • aid County PLnnin'g'Dept. � ,E;) l [:',1,ortchreHie , RECEIVED Weld County Referral Ill ik July 20, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and 'A mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Vt We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. / Comments: /9ddria55(w, ,Q-tuf 411446's 7.100( 7 ,d g! Ri h e .�w (PO harass nAdl 4/ 4Ej cs ,cAM nri)J rbe• 74es fs /AdilaI p ( Yeo 64 eAAAPri&wty re e4 t leitioar41 da'rh5 a°a7/ da. i-1` r ib A«Pss ywint t Gt t-trnot % Oa' /s 4 Cr rena co/ ctc7),,`irb 7d Date Signature tBLJ 6J' G�� -� sA -e rPa sP�+ <-7J-Z6 O S { �Q Agency ,tiA( (4 �/ D7� P +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax WINDSOR Town of Windsor 301 Walnut Street • Windsor, Colorado 80550 • 970-686194%0p • Fax: 970-686-7180 COLO 1ntyp n/n 845;0 in6'Oeat, August 16, 2001 Fr �11` 4200/ Robert Anderson, Weld County Planner �OV�` Weld County Dept. of Planning Services 1555 N. 17t Avenue Greeley, Colorado 80631 Subject: Recorded Exemption/Substantial Change SCH-21 — Len and Lori Lindholm Dear Mr. Anderson: The Town of Windsor Planning Commission reviewed this referral at its regular meeting of August 15, 2001. The proposal is located outside the Town's Growth Management Area, but within the Community Influence Area. The subject property is depicted as Very Low Density Single Family Residential on the Town's Land Use Plan map. The Windsor Comprehensive Plan states that the Very Low Density Single Family Residential district provides for "...single-family residential detached homes at very low densities...", which in the Estate Residential (E-1) zone district, requires a minimum lot size of two and one-half (2%) acres when individual sewage disposal (septic) systems are authorized and approved by the Town. Therefore, the proposed density is consistent with the Town's Land Use Plan map. Based upon the aforementioned information, the recorded exemption appears to be consistent with the Town's Land Use Plan map and, therefore, the Planning Commission recommends approval of this Recorded Exemption subject to the following conditions: 1. The applicant shall provide evidence to the Weld County Department of Planning Services that all conditions of the Windsor-Severance Fire Protection District have been addressed to the District's satisfaction. 2. The applicant shall dedicate any additional right-of-way along that portion of the subject property that is contiguous with WCR 80 that is required to bring the south half of WCR 80 up to the Weld County Public Works Department standard. Thank you for the opportunity to review this proposal. Sincerely, c tt Ballstadt Senior Planner pc: Robert G. Frank, Chairman,Windsor Planning Commission Joseph Plummer,AICP, Director of Planning Len and Lori Lindholm, applicants JacQuEcour 4ftJcgJ Robert R. Anderson - Mime.822 ^ Page 1 Received:from exchange.windsor.k12.co.us by AD01;Thu, 02 Aug 2001 11:12:45-0600 Received: by exchange.windsor.k12.co.us with Internet Mail Service(5.5.2653.19) id<PF0YS5RC>;Thu, 2 Aug 2001 11:09:45-0600 Message-ID: <548B1C9A1543D31187390090277C1282FAC0F5@exchange.windsor.k12.co.us> From: Scott Ballstadt<SBallstadt@windsor.k12.co.us> To: "Robert Anderson (E-mail)"<rranders@co.weld.co.us> Subject: SCH-21 Len&Lori Lindholm Date:Thu, 2 Aug 2001 11:09:37-0600 MIME-Version: 1.0 X-Mailer: Internet Mail Service(5.5.2653.19) Content-Type:text/plain; charset="iso-8859-1" Robert-This substantial change hearing for a recorded exemption has been scheduled for the Town of Windsor's August 15,2001 Planning Commission meeting. I will forward their recommendation following that meeting. Thanks, Scott 1110M4:14D Weld County Referral NID July 20, 2001 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and 1/2 mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ,jr—Sea attached letter. Comments: Signature Date 4/o Agency S 41Q +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax ROUTING SLIP PROJECT: Weld County Referral Len & Lori Lindholm STAFF REVIEW TYPE: TRACK: STAFF DL: ZONING IVeJaCog°typ/ PLANNER FIRE PLANNING gclQAt, ARS DIRECTOR kk " eC°7 Ej F RECEIVED: 7/26/2001 PASSED 8/2/2001 4S/bj ON: NOTES: �l'<-G t`s 1�� .cSV� S 'M�u 1.c9 c ue e s w•-c't a m00%- lip rep e---S c c�l j4-cc S \ S G„ X 61 - *-G(c SS Se- Qx--c v-cf - La 1 c v�el�o e tier & , Q W-ct $ ,a ova t,J ct d at,1/4- At-_r- P s4 cAc r4ccCcc `e Pr-i desire- CGc SS 6 s -� cr--.ic,c_.\cAt- o 'F So, o 2 S 674 N zb L z cQ , f- s c_«,Nccod eiN 4 .4LE WeldW Iel&to?Puby Referral /.U.; 0 9 2-,it July 20, 2001 tHUG RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2 NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of&adjacent to WCR 80 and 'A mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. X See attached letter. Comments: • Signature l�\J Date Q \_ O` 5 C-,0 Agency (2 -Weld County Planning Dept. •:•1555 N. 1719 Ave. Greeley,CO.80631 •+(970)353-6100 ext.3540 "(970)304-6498 fax Applicant Len & Lori Lindholm Planner Robert Anderson Case Number SCH-21 WCR 80 ,,E 4;4 l ki BB �- PPPYYY v ' Q 4b p' s f tl;f Silikstli • NR. N West Greeley Soil Conservation District (970) 356-8097 Case Number: SCH-21 Applicant: Len & Lori Lindholm Planner: Robert Anderson Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Small Septic Tank Prime Farm Map Additional Soil Name Soil Texture Shallow Dwellings Dwellings with Commercial Absorption Land (if Symbol Excavations without basements Comments Buildings Fields irrigated) basements 31 Kim Loam Slight Slight Yes The West Greeley Soil Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. Produced by West Greeley Soil Conservation District Jul 26 01 03: 57p Weija0 County RE 4Windsor 97, 686-5280 p. 1 JUL 2 5 2001 411(-C-1: 14API Weld County Referral lkJuly 20, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Len & Lori Lindholm Case Number SCH-21 Please Reply By August 10, 2001 Planner Robert Anderson Project Review of a Previously Denied Application for Land Use (RE-2279), and a Request for a Substantial Change Determination. Legal Lot B, RE-1298, being part of the W2,NE4, Section 22, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of& adjacent to WCR 80 and /2 mile east of WCR 19. Parcel Number 0705 22 000047 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that It does/does not comply with our Comprehensive Plan Z&We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature yy . Date ` G ley /// '4 �d — T •+Weld County Planning Dept. +1555 N. 17th Ave. Greeeley,CO.80631 O(970)353-6100 ext.3540 +(970)304-6498 fax 1- - 2779 Sec . 22 , T 7 R 6 '7 W I I I ) 9 10 I 11 12 I 7 8 1 SITE 14 � 13 HWYg 14 itti 17 WCR 80 °j N s> 21 � 22 V 23 24 19 20 I SEVERANCE ) WCR 78 28 27 26 � �5 30 29 -FYINDSOB 35 S SCH-21 LINDHOLM PROPOSED EASEMENT TOLOTB 1 PROPOSED LOT B (ISLAND LOT) a 71 ax . 1 «:s y °,7?r,�x4„ ' f�� nAi r tr`^..4:, •„ 4 •1-. - .pG a' P t F :'h :ets �, N,S+yF�� ... t I i $.x ";, t �Y� 1 4 Y�t 'AML`. i }4 e �', 4 /� 113 `�;; "'iat K,1� -�•;,,,� E'* 2y��,91 r 4 vr=�pk "*4 `J` i , , ,. ;. .k " ,: _A jC rt. "iq. ,; M 1j 4Y r.'4' M.' 'F' CIA �l Y C 1\ y�" ., 1₹'"t_ i��t • k: ;kx,g' .rrY nc't w ":1•,,:s.„-",, .1f .0 5 x re' " fit •_ :.\,,•,:i• :;S� ; { t } t i ) 1 f�4� :*-'1::7;'1::'1:-..'514. v L u F 4 ' ‘",'''.-'',..,44%)-':''-r. F'b¢4 -. Y..k.r ' fi. ,•b e m ;'. p * r a 3 !k¢+ Li. /"'"* `$ _ �' . 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CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WT54225 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 August 30, 1972 , and the most recent deed recorded prior to August 30, 1972 : LEGAL DESCRIPTION: V LOT B OF RECORDED EXEMPTION NO. 0705-22-1-RE1298 PER MAP RECORDED OCTOBER 1, 1990 IN BOOK 1278 AS RECEPTION NO. 2228900 BEING A PART OF THE W1/2 OF THE NE1/4 OF SECTION 22 , TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. CONVEYANCES (If none appear, so state) : Book 1610 Reception No. 1377969 Book 1016 Reception No. 1951324 Book 1016 Reception No. 1951325 . 4 Book 1032 Reception No. 1969041 Book 1068 Reception No. 2009010 Book 1070 Reception No. 2011114 Book 1350 Reception No. 2302653 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of 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 15TH day of _ MAY , 2000 at 7 : 00 A.M. WELD COUNTY TITLE COMPANY By: ` `/➢ lA 04,AJ Auth rized Signatory • t."•: rtiliSa '�S.Sl3". /^• . " t La.3tw ".u�i'•�.a�'e^�.iiaa3'm'i -' t a y'L :-v:0 t A-� "16'9/ r MAR 2 919E2 4 `)' � ' ",-,k-r, r , 1 r'�eeordcd of _ o loek____M., — eooull/1.(� GE,Wy t ± ,�'- 7 ?traded .p ati x•,9,"64) yir t.. • •.. 1 �11�` C�is;..t - MLV SPORIP�___FaemdoR f 7t " ?"iAA "o i i 41 - Tuts DEED, Made this --- 29th ---day of March J„. y. -:;.;:j-F-1'0"'. in the year of our Lard one thousand nine hundred and Sixty-two t X . P-..."1; i.;ITbetween MONROE CORPORATION, y G .mss �� e r d _"'ti�.").,as corporation duly organised S. Xa and existing under and by virtue of the laws of the State of Colorado, 4 rc- • ♦ N of the flat Dart.and - Y ! ' '' T<( --- HENRY SCHLOTTHADER and LENA SCHLOTTRADER, % f'"'"-4 1C ef the • County of Weld, P, r and State of Colorado,of the second Dart: • ems' - s '� w.i k WnNESSnH:That the said party of the first part,for and In ten- . ':;, A1' tyY'• - r- '.0.k 1. 1, 'to of the sum of .other good and valuable consideration and TEN DOLLARS, -, t*It In hand paid by the said parties of the second part,the receipt whereof la hereby confessed and acknowledged, lh Wag.,." .' .t• '. .r has granted,bargained,sold and conveyed and by these presents does grant bargain.Sell,convey and confirm unto �`: -. ,,, !1' the said panties of the second part,not in tenancy In common but in Joint tenancy,the survivor of them,their assigns o-.4, ,+� i and the heirs and assigns of such survivor forcer,all the following described lot or pared of land,situate, P .' .y' •. t Comb of Weld and State of Colorado,to-wit: ',.-� Agfa.!1.• lying and being in the ga I y r The Northeast Quarter (NE3) of Section Twenty-two (22) Township Seven ..1-,x,4„.%1:: , rt (7) North, Range Sixty-seven (67) West of the Sixth Principe i ridian S' ' all that part of the West Half ((44ii )) of Section Twenty-three (23),Town- - $`-� X' T' ship Seven (7) North, Range Sixty-seven (67) West of the Sixth Prtxrdps- ,!.' 4,-.;' i4y Meridian, described s follows: Beginning at the Southwest Corner of ,;e ' 1 'Ada it , said Section-23, running thence.East to the right of way of the Larime- l . e: ,,5„,;,..,•,:„.s 'Al."; I " and Weld Canal; thence northerly along said canal to the North side of ,�,` the Loop Reservoir; thence westerly along the North bank of Black 'Rol- • , ow to a stream; thence across said stream to the County road; thence MY': 1 'n < a South along center line of.said County road to the.point of beginning, ` ,t• together with 3 1/2 shares of the capital stock of Water Supply and e Storage Company and 100 Acre Feet of water allotted from the Northern •' Colorado Water Conservancy District and all other water and-water r .' ` v rights -appurtenant, located in the County of Weld and State of Colorado, L. � .s Y SAVE AND EXCEPT and grantor expressly reserves an undivided 1/2 of all • oil, gas and other minerals in, under and upon said lands, ....r. - ''l sal E TOGETHER;Eh all-and singular tin heredttammt, and.apaces th.rnmte bdon[ing.or in anywise - A!•. ,f appertaining,te, and the reversion and reversions,remainder and remainders,rents,Liar and proft eof;and all -Q- y the estate,right,title interest claim and demand whatsoever of the said party of the first part,either in law or y: is. _ equity,of,in and to the above bargained premises,emis with the hereditament*•red appurtenances. �r TO HAVE AND TO HOLD the said➢remises above bargained and described.with the appurtenances,Unto the s5 :r -? . - 'r3 said parties of the second the survives of them,their assigns,and the heirs and assigns of such survivor for- '.. ''. 7 ever.And the said arty the first for itself,its sesueon and assigns,does novenae!,the grant,bargain and• r 3y agree to and with the said parties of the second➢art the survivor of them,their It is u and the heirs and assigns • f of such survivor,that at the time, of the easeaiing and delivery of these wreath,it is well seised of the premises tI:,. above conveyed,u of god,sure,perfect abr end Indefeasible estate ofconvey inheritance,in law,to fee simple,and �: has good right full pewer and lawful authority to grant,bargain,sell and convey the same In manner and form aforesaid,and that the same are free and clear from all former and other[ants,baKains, sales. Rens,taxes,es- t seasmenb and incumbrances of whatever kind or nature.,soever. Subject to conditions in tie, nited States patent; t rights of way, .. reservations and exceptions of record; inclusion within..Northern as- t Colorado Water Conservancy District, and taxes for the year 1962 : i• • Y due and payable in 1963, av J` 1 • 6. • •} and the above e bargained premises,sa in the quiet n and assigns ofac possession of the said parties of the rsonno poet ons survivor of of them,or to assigns nd the heirs and t there of such survivor,against all and every person or RANT C lawfully claiming or to claim the whole er any pmt thereof,the Wd party of the tint part shall and will WAIYRANT G t t enons 4 AND FOREVER DEFEND- N IN WITNESS WHEREOF,The said party of the!Int part has caused its corporate name to be hereunto sub- eu f 1':� Neighed by Its President and its corporate seal to be hereunto affixed,attested by its . -Secretary,the clay and year lint*ban written. tA .AtteaF On..... ...! 0 'r L,Lj({,ii ✓ MONRO CORPORATION s Hy ' ; ./jLf •Al/C'LLGCl•i Gi loer't liede:d' a I i "` !1•tLMTE OF COLORADO, R - .sr n .>Y - lamb d__ _ was. 7 �'�Qp foregoing Instrument was acknowledged before ma this 29th day of March _ ! G rp*?.rbi Robert M. Gilbert as President and •.Srrences D. Gilbert ae Secretary of ,.MlY2Ytie,,,Corporation, a Colorado corporation. xxxeomotilc ' g-a �A NN�� My notarial commission expires Jan. 15, 1965. IL - );:• ' .,d'�'s; - Witness my hand andtidal seal./ 0 • -.cARY o __-_.'_ti- •-G.A..��6• ...Nolan • - • \ Nrll., 1 I..�\G _ — .f .E - _ Ioatura�Alr?1.. e• _ I/r 11 S: II "� r•., Ne.929. WARRANTY here,coo cute: ee Jd.,zniin - _ - •ef I t .2�,. 1'X4& o,.u.rtmem.e,r+R.c • ,jp's•. & I I .cal:A.ILIA IIiAmc•LLIC.± c..i ALA.:...1-4.4.rd ::. 'ASK.CDEM! -- 4.. &„-w..w-y...c.. L.- •.:. w.o .. ._. \ B 1278 REC 02 3 900 10/01/90 16:09 J10.00 X002 F 0328 MARY ANN FEUERSTEIN CLERK a RECORDER WELD L. , CO - RECORDED EXEMPT/ON Na 0705-22- I - RE„ , 298 •, _ SHEET_ 2. OF 2 T W Id.Co.Rd. 80 �. 'Miltii... ( �kA''• '%„ �\ \ O71, t_ ___, . 1 2(. . . — e-..., vit, ..t.-- 3,......"-,3> 7., - �'\ O Loop Lakt)� o ,ro s.• NO\......_< , �3 • , Fp s \_ I � S .� 1 , J`� I t. eld r�" •.C r _ . Scale: l"=2O0' -,_......n'/�\1 r1 // "'J s \7 0• DINS FOUND \� '�I \\\ - •" 1 / / - .. F,\\ ;4%1 • o• pins SET - - LOCATION MAP 3 . North y dor Sec 22,7:7N,R.62W SCALE:r a000' • _ _ 00oo"e sac: f E Weld County Rd. 80 24 uvo 30.00' gz k i into.; •-.a Lot B Amended RE 767 1 pt. p N CCC- c-s i C i 8 8 1, "a, 0.00'00'•E /003.50' 285.07 LOI A 1.551 Ae. gross _0.195 Ac. R.O.W. 1.358 Ac. net m ¢.ti 26i Di ndtd of P _ R Lot B, 46.5/9 Ac. gross ai ,, _ 0.02/ Ae. R.O.W. h 0 46.498 Ac.net � 1 �-', • S M CD 1 ) f. �' °Ya4 y S90'0000-W /3/6.2/' x McRAE& SHORT, INC. 1231 -8th Avenue Greeley,Colorado 80631 - vno,I. No. 9O099 3,-1'. 33-. Ji , _+v, t . ,.. ... "y a l• a "4 •' .�rsv. '' J. ''9 stet- e y.«�y 4.,..,*.l; c� 1 " rA} '' .r a"..K.,,"2:-.••1.• Ms a \ S , a' '.F. r1 r NI .l�l:m.. J7/4/C>145 4n x• ^. Yi # }:1\♦ ..r rat 14 Al• \ a, s v.,5 -,s"'x'5 zcE4T""°' .,.,•>_')"':Y� ..•“ ..- 'Pas'1.-.1. \ M3Y5dd2Y 14con4d et. n'rL I. N A ,;.Ys 5.i B 1016 PEC 01051324 I7/GP/fv 1609 $6.00 1/002 (3- F 1835 NARY ANN FEUEPSTE IN CLERK d RECORDER WELD CO, CO .Ya a _ l rx THIS DEED, Made this 30th - ,y. {'S'' 'CR'- day of August . 19 gS ,;,- r... between Lena Sch lot['Lauer, Mir S - of the - County of hold and State of Colorado, rt. - of the tent pan,and Robert 11. Seh lotthaucr and I:ctra 1.. a s' . Schlotthaucr, as joint tenants, .I . whose legal address is I i • of the County of Weld and Stale of Colorado.of the second pan: • ` . ". 4ITNESSFTII.That the said part of the first pan, for and in consideration of the sum of s Other considerations and ten DOLLARS. • to the said part y of the first part in hand paid by the said pan ies of the second pan.•he receipt whereof is hereby confessed and acknowledged.ha 5 granted.bargained,sold and conveyed.and by Ks,'-rrasents do - grant,bargain,sell,convey and confirm,unto the said pan ies of the second pan, their _N_- heirs and assigns forever,all the following described Int or parcel of land,situate,lying and being in the County of Weld'. and State of Colorado•to wit: - - AS UNDIVIDED ONE-HALF (j) I67GREST 1N AM) TO: The Northwest Quarter of the Northeast Quarter (h'W;/NE's) of Section Twenty-two _ (22), Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M., Weld. County, Colorado, together with five (5) acre-feet of Northern Colorado Water r• ' Conservancy District water, and one-half (4) right of Water Supply and Storage ' Company water, and all ditch rights appurtenant to said real estate; - RESERVING, however, unto the Grantor herein, her heirs, personal representatives, . successors and assigns, all minerals and mineral rights owned by Grantor on the date hereof that arc or may be in and under and that are or may he produced from _ - the above described real ',state, it being the intent of the parties hereto that - no mineral or royalty interest of any kind is being conveyed to Grantees herein by • this conveyance. - It is the specific intent and understanding of the parties hereto that the Grantees are taking title to the above described property by this instrument, not ' as tenants in common, but as joint tenants. ▪ It is the further specific intent and understanding of the parties hereto that for - - -' the purposes of this coneyance, Lot P, of Recorded Exemption No. 0705-22-1-RE 2t7 -- shall describe and he considered the same property as the Northeast Quarter (NE6) • I of Section 22, Township 7 North, Range 67 West of the Gth P.M., Weld County. ' ,- Colorado. • (No documentary fee required) • _ - also known as street and number , -- --- - TOGETHER with all and singular the hereditament%and appunenances thereto belonging. or it an;.w INC appertaining,and the reversion and rcver..ions,remainder and remainders,rents,issues and profits thereof,and all - the estate.right.title.interest,claim and demand whatsoever of the said part of the first part,either in law or:quay, of above in and to the bargained premises,with the hereditaments and appunenances. - _ - .:q '.• a � f - • ?- ..d:A, . a.. ,'° x+ac... R ..zn ,+F s ar .1 g v' errsi--• f, z • r .ti'I` ,a vi etl ,1lf`v'gn �, n_,s.2... Yr tr�.l..•':3arr.."\":',ud,. La..'ta 1.9.4:11.-.yN, • 4,1 B 1016 RF.C O]ell ?77 ]2/7F./87 16:09 $6.00 7/002 �,'{,a -1,,,:; F 1836 NARY AGM FEUE.PSTEIN CIAERK S RECORDER WELD CO, CO • e ;v` 7: TO HAVE AND TO BOLD the said premises above bargained and described, with the appurtenances, unto the said part i VS of the second part, the I tbdn and assigns forever.And the said part' of the first Mt for her eel f heirs,e:eevmn,and adminlscovenant,rs,do eovet.Rant, bargain and agree to and with v the sold part ]Cs of the second part,t heir heirs and assigns, that at the time of the eaaeaiing and deliver of there presents is well seized of the premien stave conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,In law,In fee Maple,and ha S D geed rig foil power and ,,,,al ,a tree to e "li grunt, bargain, sell and convey the same In manner Anil form as aforesaid, and that the eame are free and 1.al: .•_, clear from all former and other rotate, bargains, sales, lien,, tares, assessment, and encumerances of whatever / , kind nr nature',wore. except all encumbrances, easements; restrictions, and reservations of record, and all governmental agency rules and regulations, ,a and Um above bargained premises in the quiet and peaceable possession of th::aid part its of the second pert. their heir,and assigns egsin,t all end even- r,eraon or persons lawfully claiming or en claim the whole nr any pert!hereof,the avid part y of the first part shall and r:li WARRANT AND FOREVER DEFEND. ' IN WITNESS WHERF.OV,the said part y of the find-part has hereunto set her hand and seal the day and year first above written. Signed,*ailed andDeliveredla the Franke or .._a �.�_.. ......_ ..__._..._ [SEAL] (Len Lc]iTo i.ITLltier_) -.., _._.... I . ...._............ ..._.-- --- [SEAL) • .._._.._..._..... _._. ._.._.. .__._..._..... .... - ISF.AL] s STATE OF COLORADO, The foregoing instrument was acknowledged before me this 30th day of August Is 83 •by Lena Schlotthaucr, hlycomminlaa expires September 23, 1D 83 •Witham my hand and official seal, 6a .t r Robert C. Bosley e ' ? P 0 Box 880, Windsor, CO 80350 : .••, U' LIG . o :` °, •.. or ce • rr 1' I I: I II I' ,i i ,, i ' 5 p114t I. 0 I" • II '' w IC II II Q I I a 2 9 1 L 11 `1 II Y ( 11 (J O \) li t;, •c • < '� l ;e ,:s; �I ezzIt o I Ce I h m V >, `e N II a. of iI X I Q I I ~ T s, i ' :111,1111,_-1.±..:4„.:11,1t::::::3::: `— i,3 l ij m ` I i ail C ;i �+ :I t E . P it I I• c-e Y .. �I 11 _ m E 1 = 7 I. • S 9. m s , ag a ear iI ra r _ .na..n�m..ur.ene _. - __. � rr„ Reee[rladat o'clock M. AR145Y32$ H 1016 REC 01951325 17/28/83 16:10 $6.00 1/002 F 1837 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO • ii THIS DEED. Made this 30th day of August . 1983 bli`Ycat Lena Schlotthauer, ji of the County of Weld and State of Colorado. of the first part.and Edward J. Schlotthouer and Esther Schlotthauer, as joint tenants, whose legal address is • • -of the County of and State of Colorado,of the second pan: • WITNESSETH,That the said part of the first part.for and in consideration of the sum of - Other considerations and ten WHIRRS. to the said pan Y of the first part in hand paid by the said part 105 of the second pan,the receipt whereof is s� , hereby confessed and acknorkdged,ha s granted,bargained,sold and conveyed,and by these presents do grant, bargain,sell.convey and confirm,unto the srid pan ICS of the second part, the i r heirs and assigns forever,all the following described lot or parcel of land.situate,lying and being in the County of Weld and Slate of Colorado,to wit: AN UNDIVIDED ONE-IIALF (!s) INTEREST IN AM)- TO: The Southwest Quarter of the Northeast Quarter (Sbla/NE's) of Section Twenty-two (22), Township Seven (7) North, Runge Sixty-seven (47) West of the 6th P.H., held County, Colorado, together with five (5) acre-feet of Nortncrn Colorado Water Conservancy District water, and one-half (,) right of Water Supply and Storage Company water, and all ditch rights appurtenant to said real estate; • RESERVING, however, unto the Grantor herein, her heirs, personal representatives, • successors and assigns, all minerals and mineral rights owned by Grantor on the date hereof that are or may be in and under and that arc or may he produced from the above described real estate, -it being the intent of the parties hereto that no mineral or royalty interest of any kind is being conveyed to Grantees herein by [his conveyance. It is the specific intent and understanding of the parties hereto that the Grantees are taking title to the above described property by this instrument, no: as tenants in common, but as joint tenants. • It is the fui Cher specific intent and understanding of the parties hereto that for the purposes of this coneyance, Lot B of Recorded Exemption No. 0705-22-I-Ri: 267 shall describe and be considered the same property as the Northeast Quarter (NEt%) of Section 22, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. Colorado. (No documentary fee required) • also known as street and number TOGETHER with all and singular the hereditament• and appurtenances thereto helonymy, or ir.am wise -- appertaining.and the reversion and reversions,remainder and remainders,rents.issues and profits thereof.and all the estate-right,title,interest,claim and demand whatsoever of the said pan of the first part.either in lax or equity, of,in and to the above bargained premises,with the hereditament•and appurtenances Na.W.WARRA YT I'DEt.n—d'w rWwop,pw4 Rnnr d. n.-r.:.:....... ....... .......•......-... ...... • !4? y�... ' '. .. ,•,erns'.` jaw • . :,...i"\ y .. . • I s . .... • B 1016 REC 01951325 12/28/83 16:10 $6.00 2/002 F 183P MARY ANN FEUERSTEIN CLERK & PECORDER WELD CO. CO • TO NAVE AND TO MOLD the aid peen*ahem harm eed and at:scribed. with the appurtenance?,onto the veld part jell .t Ile weed pattthe:r Mrs ad?alga forever. And the mid Part y et the tint put . for her nor hfrs,crenners.sad datelzatsery de term.nt,grant targets and are• to sad with the weld Pea Its of the ahead parkthelr bars eel.age's,rut at the time of the entreating and deliver?of 4 thee* presents Is well salad of the prmbea above eenreycd. r of good. ram perfect absolute sad Indef.e.ible estate of!aherttsnce,In law,Is toe Maple,and has good right,fall po_r and lawfel s*thorny to gent bargain, roll sad irony the waw in wawa and form u aforesaid, and that the'same are free and clear from ea tamer end ether Rear.bargain Mlsa.Dena, tares, assessment* end eneumbrancea of whatever . biM or nature*serer. except all encumbrances, easements, restrictions, and reservations • of record, and all governmental agency rules and regulations. and the above be:raised pints Is the inlet and pe.eesbie possession of the said pert?es et the.egad Part. their att..,__ _. —t.....! _n ...j ...�.. n .m.e lewfoilr rlahsle or to claim the whole or any part titereef.the rid part y of the first put shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the saki part Y of the first part I:a S hereunto set hand sod real the day sad year first above written. _ _ _....____..._ ..._._._MEAL] EtgsN,aesM sad DeertrMniM preesweef (yLeenaa Schl -flauer) I _.__ .. ......_ .. _..._ .__._....__....__.__....__ 14414ii.C •1L1f.��.:Y--___ _...._....._..._..__ORAL? . ..... ....__. _._...._. ___....._._ISEAL1 • STATE OF COLORADO, • County of Weld I's. Tee tannin ioetrsmest was eeksewletted►fete me this 30th day of AinU st ip 83 ,y Lena Schlotthauer, . My twalerba entree . September 23 ,1G a` i..Witness my bad and era r _ " 'i'• . Robert C. Bosley fir : • '��' '. - P 0 Box 880, Windsor, CO 80550 : :.. I./6 lSG 'r . ice 'rw,.I CP CM I rc I • Y ;) t I , CI II II II i . ' d 1 , L,1 p g d , Is, 0 it l P 2 F \ ,� -i , :IS I i 6 •j I • If 1, li Q e r ,C 1 Z II g i o ° a -I; oc �� I �d r e .0 1 d it r — i' z i < II �I � E E s I ,— �e I: I, I II • "', +._ �rn.�• i _.__pine ..y..e.a.::�.r—vtt.�,dy,i}� r -n.Ync.••i -. _ 9Y�� yy F • i— 'a,Ll�in AR1969041 Recd B 1032 REC 01969041 06/04/84 08:40 56.00 1/002 seer. F 0804 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO THLs DEED, M le thin 12th day nr January, :; '994 .i,rt.rrn Lena schlotthauer, AR1971196 r • ..rthr a-wary,( Weld andst.r.•nr Colorado — CMnr.d..,nrthrfir,t partand UELEM N. =HAREM ROBCRF H. SCIO0CIlO\UER and MFLV N E. • SC}O.CrnwJP t, as joint tenants, wi,nnlrgaimpi,, ... P.O. Cox 124, Windsor, CD 8(1550 - •.fon •nr nryor Weld ,.I Sr:nr..f r..l•. a•b:.••f•I,. ... 11•n . W ITS ESSETn.that the pupil part y of the find pain.for and rin iiiinwilerdtion oflli. nrrr••r y Other consideration and Ten ($10.001 to the. .aril part y of the neat part in (rand idol by the dud ;into.. of the second part. the ,r•rq:t wh•.,..••f i. I..,.by nmfv...d arrd.rknowb•nlgr.l.hry S frantr•1 flnrgainr•I.vdd anA rr:n ep+l,dn•I by thine pr••rrt.•In • grant. bargain. will, convey :nil rnnfrm unto the .aid part.., of OW 'nowt part. their hie• an.l n.ingn. h•r..v..r. o.t in trnanry iri eo .man but in joint tenancy.all the following defter-died lot •r parcel lying and being in rem nty of Weld and Mateo(r olorwdo w M undivided one-half (5) interest in and to: The Southwest Quarter of the Northeast Quarter (SW1/4/NE1/4) of Section Twenty-ton (22), Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M., in Weld County, Colorado, together with ten (10) acre-feet of Northern Colorado Water Conservancy District water, and one-half CO right of Water Supply and ,. Mtnrage Ccnq.iny water, and all ditch rights appurtenant to said real n_slte; - - Rr•S1'RVING, however, unto the Grantor herein, her heirs, personal representatives, successors and assigns, all mineral and mineral rights owned by Grantor on the date hereof that are or may Inc in and under and that are or may be produced fran the above described real estate, it being the intent of the parties that no • mineral or royalty interest of any kind is being corlveyal to Grantees herein by this.conveyance. It is the specific intent and understanding of t e parties hereto that the 'rnntren are taking title to the above de_ncrib d property by this instrument, not as tenants in wleec, but as joint. tenants. It is the: further specific intent and understanding of the parties hereto that for the purposes of this conveyance, Lot D of Recorded Ex: mution No. 0705-22-1- -_ ' RE 267 shall describe and be considered the same property as the Northeast Quarter (NE1 ) of Section 22, Township 7 North, Range 67 West of the 6th P.N., Weldd 'County, Colorado. a- B 1034 REC 01971196 06/20/94 12:21 56.00 1/002 F 0500 MARY ANN FEIIRP.STEIN CLERK 6 RECORDER WELD CO, CO : / a I. alai known aN street and number Iiii ill .. . a••v.wrii:.•::. ..atiI• Xuiw•;i.e l.kreu::n.uii.:� _• .;.._ -.:..n tL _'t......:-.......r:r._ ; :.. mi tang.and the Jinn nun ,n nd etv.sao .. r. .miler and ren..:nderw. rs pit., t .u.• wr.•l 1•r•.fit. IL•-reot. alit all the r.t.t..right.title.nterrat.claim and demand what.r..verof the rata part of the f,r.l l•a t,.rl h.rmlaw.•r..pn' of,in and to the above bargained pre mina.with the hereditament.and ar•n•orrennnr . NUM I 1'a.7S*.\ANNA\Tl null..i.1.wl i..un P...e...,:C........ . . ...... r.......:...u.... •.••• 8 1032 REC 01969041 06/04/84 08:40 $6.00 2/002 F 0905 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO B 1034 REC 01971196 06/20/84 12:21 $6.00 2/002 F 0501 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the said parties of the second part.their heirs and assiena forever.And the said party of the Snit pa rt.for her set f her heirs,executor., end administrator.,do es covenant,grant,bargain and agree to and with the said parties of the aerond part,their heir.and assigns,that at the time of the ensealing and delivery of these presence. 15 well spited of the premises above conveyed,am ofgood,pure.perfect,absolute end indefeasible estate of inheritanre in law.in fee simple,and ha S gruel right.fill power and lawful authority to grant,bargain,sell and convey the name in manner snd form af id,and that the same are free and clear from all former and other grants, bargains,.ales,hrn,,tese.,aase..menta and ineumbranres of whatever kind or nature,sues-It And the above barga o-.1 pr u..s in the quint end peaceable ps,a.rv'inno(the'aid panic.or the aer,.rod part,their heirs and asaigna,e ga,ncta II and veyp•r.on or person.lawfully claim mg or to Ham,the whole oran y part thereof,the said part ..the first pert shall a nd will WA It RANT AND EOft EYEft DE PEN Ii IN WITNESS WHEREOF,the said part Y ,:f the first part ha S hereunto art her hand and seal the ray and year brat abrrve written, y/,[ ,/ ',.rte,e C) I-.41.!/ii t.(J71. Signed.Sealed andlrl,v ere,'in the Presence of ' _..____(SEA LI ... ..._— Lena $chlotthauer .. _ ..._._.. .. ... .._. . ._ .. ... ISE,.lI ISEALI trri STATE.Or COLORADO. 1 re•R 1 County's! Weld • 1 ,_rot .. 4in rumentwa.acknowledged before me this 12th day of January r�ynnky\ Schlotthauer, if,: m Win gore, Septather 23, .1v 87 .Witness my hand and',loos,'"Si. i e`li ,t ..>,...h.r.r,...r.. P.O. Box 880, Windsor, OD 0550 f J 3. • to in fii co = 8 n /•' J dI .a t, ^ sS ' 7. P to. '' Te v B -Et4 + y I` 3 HoI I a is .y_ .WAr,i•rwTY�'Fdiuw m3:o. r�^8iL"�tel�e.]rau: +..+x ..v R 8 1068 REC 02009010 05/09/85 09:55 69.00 1/003 AR?009'Vt0 IC F 1495 MARY ANN FEUERSTRIN CLERK 6 RECORDER WELD CO, CO WARRANTY PEED RKI'ORDP.R'S S'EA.M!' 1')113 DICED,Made ibis 1 1 ,day of May pt 145 • between Edward J. Schlotthauor and Enthor Schlotthauer, Tounly of :nd Stole of ollbe , it Colorado.grantor.MI Helen N. Gebhro'eli. and Robert: IL Schlotthauer, as tenants i.n common, whose legal address is P.O. Box 124, WVindsor, CO 80550 attic •County of WeLel and Slate of Colorado.grantee: W I•IN I•:SSICI I I,That the grantor.for anti in consideration of the stint of DOLLARS. "no cons idoration" • the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold and conveyed.and by these presents does grant.bargain.sell.convey and confirm unto the grantee.his heirs and assigns forever. all the real pn+pcny,together with improvements.if any,siul:uc,lying and being in the County of Weld and Stale of Colorado.described as follows: AN UNDIVIDED ONE-HALF ( :) INTEREST IN AND TO: The Southwest Quarter of the Northeast Quarter (S)9':/NE::) of Section Twenty-two (22), Township Seven (7) North, Range Sixty-seven (67) • West of the 6th P.M., WeLd County, Colorado, together with five (s) od acre-feet of Northern Colorado Water Conservancy District water, all ditch rights appurtenant to said real estate; RESERVING, however, unto the Grantors herein, their heirs, personal • representatives, successors and assigns, a one-half (%) right of Water Supply and Storage Company water, and all ditch rights appurtenant I:o said real estate; It is the specific intent and understanding of the parties hereto • flint For the purposes of this conveyance, Lot B of Recorded Exemption No. 0705-22-1-RE 267 shalt describe and be considered thewsame 7 he same • property an the Northeast Quarter (NE%) of Section Colorado. p North, Range 67 West of the 6th P.M. , WeldSectt y• •c to.• "II'in I)cmcr, invert "fiis;our in Ibis blank. R 1068 REC 02009010 05/09/85 09:55 $9.00 2/003 F 1496 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 • l! is also known by street and number as: '1'U(itCfl Wit with all aid singular the hetedinaulents and appurtenances thereunto belonging. or in anywise appertaining.and the reversion and reversions.remainder and remainders. rents. issues and profits thereof:and all the estate. tight,title.interest.claim:nut demand whatsoever,of the grantor.cithc in law or equity.of.in:ual to the above bargained premises.with the hereditaments and appurtenances. To I'AVE AND TO I IUI.I)the said premises above bargained and described.with the appurtenances unto the grantee.his heirs and assigns forever. And the grantor.for himself, his heirs.and personal representatives.does covenant,grant.bargain and tq:rec to and with the graiilve. his heir and assign. that at the time oh'the ensealiup anal delivery of these presents.he is well sei/eel of the premises above conve),cd.has good.sure.perfect.absolute anti indefensible estate of inheritance.in law,in lee simple.manias good right.fill power:md lawful authority to grant,bargain. sell and convey the same in manner and form as aforesaid.and that the same:rte free and clear from all former and other grants.h;vg:dm.,sales.liens,taxes.assessments,encumbrances and restrictions of whatever kind or n: are soevet.eseepl B 1060 REC 02009010 05/09/8.5 09:55 $9.00 3/003 F 1497 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • and the above bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof.the grantor shall and will WARRANT AND FOREVER DEFEND.The singular number shall include the plural.the plural t the singular,and the use of any gender shall be applicable to all gender,. IN W frNE5$WHEREOF.the grantor has executed this deed on the dale set forth above. Edward J. SdRt tthauer — Esther SchLotthauer .tet4..d-) ,J,LA—ttgai.ta.,; SIRfp.OP( DI.ORADO. County of Weld The foregoing instrument was acknowledged before me this is t day of May 1005 by Edward J. Schtot Lhauer and Et:ther Scht otthauer, My commission expires Sept 23, 1987 Witness my hand and official seal. r' 77 �w• P.O. Box 880, 11'i.ndsdr,CO 80550 AUDU , : f Y . , • AR201L1.b4 B 1070 REC 02011114 05/28/85 10:29 $6.00 1/002 F 2169 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Tilts DEED, mode this 21st days' may i . 0 11) 85 •In'twee" Helen N. Gebhardt, Robert H. SchLottltauer and Melvin I E. Schlotthauer, iI• ' of the County of Weld and State of I li Colorado,of the nrst part,And Robert H. SchLotthauor and 1-:ctta L. SchLotthaucri: as joint tenants, I. I whose legal address is of the Count ty of We and State of ColorJule, • " of the second part: WI'I'NI:SH6'I'IL that thesnld part Ollie fleet port,fur and In consideration of the Aim of "no consideration" .. DOLLARS. to the said part Y of the first part in hand paid i'y the said parties of the second part, the receipt whereof is ;I hereby confessed and acknowledged.ha s granted.bargained,sold and conveyed,And by these presents do hereby grant, bargain,sell, convey and confirm onto the said parties of the second part, their heirs and assigns forever, I not in tenancy in common hut in joint tenancy,all the following described lot or parcel of land,situate. i .I lying and being in the County of Weld And State of Colorado,to wit: A TRACT OF LAND BEING A PART OF THE NORTH 1772.60 FEET ON THE WEST • LF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 7 WEST OF THE. 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND I EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 22 AND CONSIDERING THE NORTH LINE OF SAID NORTHEAST QUARTER TO BEAR NORTH 90000'00" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING ELATIVE THERETO; HENCE NORTH 90000'00" EAST, 313.07 FEET TO THE NORTHWEST CORNER.OF OT B, AMENDED RECORDED EXEMPTION NO. 267; ' HENCE ALONG THE WEST AND SOUTH LINES OF SAID .LOT B AS FOLLOWS: II SOUTH 00003'00" EAST, 238.71 FEET; I' NORTH 90000'00" EAST, 1003.50 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 00002' 13" EAST, 1533.89 FEET ALONG SAID EAST LINE; thIENCE SOUTH 90000'00" WEST, 1316.21 FEET TO A POINT ON THE WEST LINE. bF SAID NORTHEAST QUARTER; - [[THENCE NORTH 00003'00" WEST, 1772.60 FEET TO THE POINT OF BEGINNING; . pAID TRACT OF LAND CONTAINS 48.070 ACRES, MORE OR LESS, AND IS '' SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED 3Y INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. TOGETHER WITH FOUR (4) ACRE-FEET OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT WATER, AND ALL DITCH RIGHTS APPURTENANT TO SAID REAL ESTATE. I I No documentary fee required I,' I !I L , also known as street and number II TOGETHER with all and singular the I errditaments and appurtenances the ream to belonging.or in anywise apper- j: !; twining, uml the reversion And rev inns, remainder and remainders. rents, issues and profits thereof: and all the rs4de,right,title,interest,claim and demand whatsoever of the said part i C 5 of the first part,either in law or equity, ',I of,in And to the above bargained premises.with the heredll'intents and appurtenances. it • B 1070 REC 02011114 05/28/85 10:29 $8.00 2/002 , F 2170 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the raid premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said part Les of the first part,for them sal yes heirs.executors.and administrators,do/1F re by covenant,grant,bargain and agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance in law,in fee simple,and ha V e good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains,sales,liens,taxes,assessments and incumbrances of whatever kind or nature,aoever. and the above bargained premises in the quiet and peaceably pnnsossion of the said parties of the second part,their heirs and assigns,against all and every person or persons lawfully claiming or to claim the while or any pzrt thereof,the said part Les of the tire[port shall and will WARRANT AND FOREVER DEFEND. • IN WITNESS WHEREOF,the raid part Les of the first part ha ve hereunto set hand and seal the day and year first above written. . o t/•-tiT Signed,Sealed and Delivered in the Presence of �• PEA LI F.ob9r •- SS cp h/"euer , �f� / 1 C . /( -4-Xe2ts 1SEALI -- ------ —life ynn ..--di: Schlo t el J: ,4E-624 Pn L ISF.ALI -"- -�- -' - ---- Ile en N. ,ebhardt STATE OF COLORADO. . rs. County of Weld } �tlC1GD dp the foregoing instrument was acknowledged before me this 22nd qD� Ipµpr--.v!y. ls the fnregoing instrument we,acknowladired before me this 22nd 10 aohY .^.obert N. SchLotthauer and Melvin E. Schlotthaue.:_ ,1V/,' Y d.t it My commission expires ‘ ,.../.4,...e,....21/ 1 d9XJ ,19 .Witness myhandand,»(Rehefip . It •,..:.(1.21t, ' ' : . I i 'Z...041011.: �: ; P.O. Box 124 14i ndsor."CO 80550 STATE OF-COLORADO I o:1 COUNTY b(ttD Iss T�Fvi H gregouTig instrument was acknowledged before me this 23rd day i of-di•*. ,', •1085 1,1, Helen N. Gebhardt. 1 ' ;.'%F)-J �td hand and official seal. ( 1-' • .;.; . SF t 23, 1_07 S\ n$4111"P�?47[l\ - - Notary ublic P.O. Pox 880, Windsor, CO 80550 L > 0 i o - l 13 I I • I j a �I W .0 N L L C I tr11 0 r CO d 1 io q KID th J V E c Q F - N +,+, o a) yl a I ID m0 H + L 0 0 p _ ( sir U o ^-. rt i I 7. 1., .0 r r u r0 a c .1 .I;: •I � co { E U o ; i, O Lit NN ¢. - t o L • VI eC c0 h . o U ;, y I o 05 ' I I " voTi r 41I ^5 R4 • J 0 x , - l j y lad.° l � t ,'i Z .L Viol_ .0 n 1" _ I I CI c ' % U U I t ,1. N NW aii i I� Ia II itoc o-y s.. I I j I• I . 'I v I II It . . a, � I II I .. `_ _g I, _ I . D 1350 REC 02302653 09/04/92 16:04 $5.00 1/001 AR2302653 F 0637 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO WARRANTY DEED T'1llS DEED.Made This 2nd day of September ----------- - I9 92 , hdween Robert II. Schlotthauer and Inc tea L. STATE DOCUMENTARY FEE Schlotthauer Date �� ` � of the 'County or Weld :nwi $ . Slam of Colorado.grantor,and Leonard E. Lindholm and Lori -------____ J. Lindholm -.... whose legal address is 2106 Eastwood Drive I-----.__._------------ - Fort Collins, Colorado of the County of La rimer and Ni.,:'id Colorado,grantee. W rl'NIISS.ihai the grantor.for and in consideration of the sum of IN):.L.\HS. SIXTY SEVEN THOUSAND SIX HUNDRED and 00/100ths the receipt and su(lid envy of which is hereby acknowledged.has granted.bargained.silt and moneyed.:mil by these pre eats der. grant.bargain.sell.coney and enalir!n unto the grantees.their heirs and assigns Ihre'er,nit'in Iconic,ta common hot in pore tenant}, all the real property, together with improvements. if any.situate.lying and being in the County uI Weld and State n(Cnlorado,described as follows: Lot B of Recorded Exemption No. 0705-22-1-RE1298, recorded October 1, 1990 .1 ` in Book 1278 as Reception No. 02228900, being a part of the W 1/2 of the 70,...-''' NE 1/4 of Section 22, Township 7 North, Range 67 West of the 6th P.M. a.it, TOGETHER WITH one—half share of the Water Supply and Storage Company Stock and all ditch rights also known by street and nunaer as TOCR'ri1F:R with all and singular the hcreditantenls and appurtenances therennm belonging.or in anywise appertaining and the reversion and reversions.remainder and remainders,rents.issues and profits thereof.and all the estate.right.Idle,interest.claim and demand whatsoever of the grantor.either in law or equity.of.in and to the aline bargained premises.with the hereditament.and . appurtenances. TO I IAV r AND TO 1101,11 the said premises above bargained and described.with the appurten:naves.ono,the grantees.their heirs nod assigns forever.And the grantor.ha himself.his heirs nod personal iepresrornives,titrs cmenam.grant.bargain and agree lit unit with the grannies.their heirs and assigns.that at the time of the ensealing mad doliw•Iy id these presents.he h celi.cued of the premises above conveyed,has good.sure.perfect.:ilnlak and inddiasihle estate of inheritance.in law.in lee singt,e.and has pod right,full power and lawful authority to grant.bargain,sell and convey the same in manner and form aforesaid.and ilc.l the same are free and clear from all limner and other grants.bargains,sales,liens. Wes,assessments.encumbrances and reslrialitnts of whatever kind nr nature sower.ineept general taxes for 1992 and subsequent years; except easements, ! restrictions, covenants, conditions, reservations and rights of way of I record, if any; • The grantor shall :red ..ill WARRANT AND FOREVER DEFEND the shove-bargained premises in the quiet and peaceable possessionid the grantees. their heirs and assigns,against all and every person or persons lawfully Claiming the whcde or arty part thereof The singular number shall include the plural.the plural the singular.and the use of any gender shall he applicable to all genders. I IN\V'I NL5s WI ll.R1iiI the grantor leas executed this deed on the dale set forth allure. // --4-5-1(1'/ %.u_e- i .. •.e t- _ ., i:�:._r____ ... :ail..!_ is_ y=G • Robert H. Schlotthauer Izetta L. Schlotthauer • ti rAlY OF(M1)RAN) ss Connie of Weld 'r he bin:going inswunn-nl vvas ackm.th leJpcJ before Imo Ibis 2nd day td September .1'1 9 by Robert II. :xis lot Matter and r'dltti I,, G,:h 1•it.titnuor \\'n nc..nit ktud:an!nor.i.d w+! sty('emmis.a.n cirri, December 1 .Is 91 Ik( /:fC- C , ^, .'6r./.J/_i_,_ • 1113 10th Avenue Greeley, CO. iitIG31 -II in Dcrner,insert-Cii)oral" r Review of ly Denied Summary of Standard Chapter o2,Article II § 2-3-10 s Applications for Land Uses of Weld County Code Neither an applicant nor a successor in interest may submit any type of land use application within a 5 year period( 10 years in the case of multiple recorded exemptions applications) following denial of a previous application involving the same-property,unless the Board of County Commissioners has found ,based on the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings, written related information,and any other relevant material in making its decision at least one of the following criteria has been satisfied: - A. /Within the concept of a new application,the facts and circumstances of which are substantially changed from the initial application) 1.Has the land-use application substantially changed? • (eg, substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) OR 2. Have the surrounding land-uses substantially changed? (eg,has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) OR 3.Have applicable provisions of the law substantially changed. (eg, the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) OR B. (Within the concept of rehearing the previously denied application) (Is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application? 4 EXHIBIT Lit___, A R 1350 REC 02302654 09/04/92 16 : 05 $10 .00 1/002 F 0638 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR23U2654 EASEMENT DATE: June , 1992 PARTIES: Grantors: Dee Ann Lynn Miller and David G. Miller Grantees: Robert H. Schlotthauer and Izetta L. Schlotthauer SUBJECT: A perpetual, non-exclusive, easement of ingress and egress and for installation of underground utilities. The use is limited to that necessary for a single family residence and agricultural pursuits. DESCRIPTION: The east thirty feet (30' ) of Lot B of Amended Recorded Exemption No. O7O5-22-1-RE267, being 238. 71 feet north to south and thirty feet (30' ) east to west. A tract of land located in the NW*NEk, Section 22, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. PURPOSE: To permit access and installation of utilities to and from WCR 80 to Lot B of recorded Exemption No. 0705-22-1-RE1298, a tract of land located in the NW*NEI, Section 22, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Grantors hereby grant to the Grantees the easement herein described. The rights, conditions and provisions of this agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. ' Jao p I Y �tSL.3C.Q� --� D Ann Miller , Lf L G `3 David G. Miller STATE OF COLORADO ) ) ss. COUNTY OF WELD ) qq Subscribed and sworn to before me this `gbti,day of dUj77t , 1992, by Dee Ann Miller and David G. Miller. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 1,0 Notory� 9( B 1350 REC 02302654 09/04/92 16 : 05 $10 . 00 2/002 F 0639 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSIGNMENT DATE: September 2, 1992 PARTIES: Grantors: Robert H. Schlotthauer and Izetta L. Schlotthauer Grantees: Leonard E. Lindholm and Lori J. Lindholm SUBJECT: Assigns all interest in and to the foregoing Easement, rt Robert H. Schlotthauer X(/2 ,/( Ize'th L. Schlotthauer STATE OF COLORADO ) SS County of Weld ) The foregoing insurument was acknowledged before me this 2nd day of September 1992 by Robert H. Schlotthauer and Izetta L. Schlotthauer Witness my hand and official seal My commission expires � �,�,� /2 1-9,¢ cj`� atcc-Y, Notary Public 4 o- c I + x „el i 4 ... 4 tl:♦ , # A . S . i t - 1 Y` rc � ` t f . 4. *.I C A R d 4 _ k + 1 :a 5 r i ^ z ♦ * h 9 . R �I! YA 1lt, 'a S a a W �R q V of .SI �M f .#Y ♦ +b . M w ,mac# I , - ? l .. , , ` •. 4,4 f «« ♦.. •x #62 OUR DRIVEWAY RECORDED DEEDED EASEMENT \\ LOOKING N.E. @ DITCH CROSSING BROCKERS ----- DRIVE. :Entail' ;. ; t A ,V4'.-!' � Aa e ... '4 .. i v fi y • _ r Syr _ 14'"� v i S, a .d p I.*, 4 s � '' 'r. .. x .$ 1 wS "'It" EI x> a +e '"► �" 4y I o •qP gy d " - .r in .�1p w` ii t 'i ^""rRY ,i. . ° ♦ FJ 6 a'i w•.s •a- "'� r..l f. ww • ' 1 •-} w • 5 % `;'at •'ww9L r I ' f ii. * w 4r. , �.r • •m' i - �., a ": i """,, yaw ell • •• « r 'Z'''� ,! V r # .a *„...44,......-„sad A."+ we' a •rr.*a`t 4` ^i w. ,. .. • . i 1 . + r 'a ." ? , w w tt(w .t'� .. r ' IS rt p "` w" ,, ct e r • f."R • I 1`far—� r} • •4 jt40 # ♦ - "$�a ♦ • 'aY'Jf e fi d. s a •y ♦ rt gal+. y '. �•' a • _ , . w. •.• '. _ ` .Y 1y, lift.** sr- - t."....14;111# ' #0r['ar.#re . . . _ -w. , ` .471 • ._•— `! x .`• „. -: a.,.• ',*«. , *``+s,, '• "it -r. -� ; w 4 `. - t-1•••• .,„„*.%, " #63 OUR DRIVEWAY- DEEDED EASEMENT LOOKING NORTH TO COUNTY ROAD 80 P ..i a<Yp iyay v v %�a mkt x s 'm t" xa r x�. ",� �N � � Y Y R g. n #64 OUR DRIVE WAY-DEEDED EASEMENT LOOKING SOUTH- SEE IRRIGATION DITCH ROAD ; . a / I • • � \ \ : • \ : . 4 t \ � � � ,} ^\ \ . ��< \ . \ \. �\\ / / / . . z \ > - L IJ #65 OUR PRIVATE ACCESS ROAD- DEEDED EASEMENT OFF OF COUNTY ROAD 80-TO THE LEFT IS JOHN BROCKERS PRIVATE ACCESS. d a' ' i4,i ,a 'Ar`w,..S1447 i • .4,•. 3Y� nY` -� �' a f s r u 3 ° al . 5` ° r p � - f + .47. - • v.,- S dY f7 1 i"a • 4 P r . .. I. • . r r 1. R, f « ^w t '• • Y '. / } s .. -- e __ w 1 r •R #66 AT OUR DRIVEWAY -LOOKING WEST DOWN COUNTY ROAD 80 'K = ° " .: il �'. .y 0' `^n. -. �' .1 i 4 " `Sk ipa, .a*i. ta� 4a, 40$1#"' W < i .� y. ! ** n iF �� :y€�c g .,t`,,,,- 0.r ;1,2.'0 ,r as ,y 5 1 mow► 3 f 39N�,t 8A F y ¢M`i` 3x :, ' F A9 i 3 4 y1 r w r, y A... ^1y'� • It 4 1Y 4 • 1'. p m C 3 „it`s N i SA e/yl i. 4 r fl ' ' !H a 9 Rsof(i g w\ C+' i° y o ik } Y mi"4 "" .+ MF` 9ke !'� 4 ^ �^M§e: d4 urp hiy� 4T` MA, � " at. y¢ry a rt.. :, - 4... Sc. f k y..rb C fl ' k� y v o -d 4.'A r wr a ASS"' w It }-i y r #67 SOUTHWEST CORNER OF PROPOSED RECORDED EXEMPTION- LOOKING NORTH TO COUNTY ROAD 80. ** NOTICE CONDITION OF LAND-UNABLE TO GROW CROPS*** ` M 0 tax i m a} t aN ♦ � � 1 „T i a s I.- '7 a—..,. :si, 41 - K .. N A a M1 a• 'may ag'''..41: :,.. ..7 („, "'''''' r.''' " :. : I it n +' is s` x "rm r ax t i� _ :.,,7}„. Y w M� j ,• yy P' " n R w..1g ,., r ,, . .. ' w wm H du. v� } .,ut Vw 4— - #68 SOUTHWEST CORNER OF PROPOSED RECORDED EXEMPTION- LOOKING CENTER OF PROPERTY- **NOTICE CONDITION OF LAND- UNFARMABLE cs � n• r a Si Yw4� III $ v . 4 P Mfr wi ≥ ryp I i w _ qy 11 . � r •..� w 'wr 3 + S r � . a w � 1 R 4p td vYc r3 pv4 w,# r u^ 1 }d I III, XN. ►. '^.: ,1� I� #69 SOUTHWEST CORNER OF PROPOSED RECORDED EXEMPTION- LOOKING EAST. FENCED AREA IS GRIEVES PROPERTY. M§ . 4A tµ 1 J E(y S{ k A` v f �.� a s h i I;R 24 fd ',,+, ' R M s rr i]T y J` ty h R K • !,M c A ¢ 1 } Y11 S : �:'. w ar 4; -' t , ,b S k F. g? � a 4 M. ma 4 * 9, ,« P �a 4 ,,',' I "w dt s #70 CENTER OF PROPOSED 25 ACRE EXEMPTION LOOKING EAST- SHOWING IRRIGATION ROAD ° ,. I "11 e w> — y A �� s y' t w.rt , A. ✓b 1 , .. :, �.54„ it 1 „ - m9 .s,V S, w .' ar r..,r4. , ,... • '° .r' *'�.'�'` . . - * rt +. I sue ' ` e nor �. t*.„ N N t: � .. kb yRrt k , ? �. e` . . ? .✓g .Ai* o. • � -it mw,.w•r,. } . alb [ �' , }, t " ! Day { Z t 4 y #74 BEGINNING OF 25 ACRE PARCEL, WHERE CORN ENDS AND TO THE EAST. May 27, 2001 TO WHOM IT MAY CONCERN: For the last eight years I have leased the farm ground owned by Len and Lori Lindholm and have farmed this land on a cash rent basis. I have been the only active farmer on this parcel for the last thirty-one years. In the past ten years, there has been a change in the drainage of the southern part of the parcel. Because of poor drainage and alkali conditions, I have not been able to successfully grow any crops except pasture grass on the portion of this land for which the Lindholms are seeking a recorded exemption. I do not believe that the proposed division of the Lindholm property will lower the agricultural production in any way. 1-`- -- t7t7 b4s Everett Schlotthauer 4 tXNilIT Hello