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Home My WebLink About20010375 I RECORDED EXEMPTION NO. 0805-09-1 RE-2946 COUNTY NOTES ncSrRIPnON lot A PART N 1/2 SECTION 9, T. 6 N., R. 66 W., 6 P.M. 1)All proposed or existing slro=tares Will or do meet the minimum setback end A parcel of land located'n the North One—Hall(N 1/2)or SecMeridian, Nine(9), Township Six offset requirements for the zone district in which the property is located. Pursuant (s)Nardi,Ranee sixty-Six(66)West of me fim Pdnmpol Meridian,Weld County,Colorado WELD COUNTY, COLORADO NE CORNER to the definition of setback In theWeld County Cade, the required setback is and being more particularly described as: • IIIIIIIIIIIIIIIIIIIIIIIH01III111111111111111IIIIIIII measured from h the future right-of-way line, Na building astructure Masdefined and Considering the east line of the Northeast One—Quarter(NE 1/4)of Section Nine(9). SECTION 9 limited to the occupancies International as Groups A,Pi b, c, r, M dud R in Section Township Six(6)North.Range Sixty-Six(66)West of the inn Principal Meridian.Weld 279 32624]9 11,1b005 02:75PSte Weld Moreno Clannty,CO - END 3 1/4' ALUM CAP 302.1 of the 2003(any taiianal Building Code, shall be constructed within a County,Colorado to bear South 00'24'55"East and all bearings contained herein 1 et 1 fl 11A0 I 0.00 Slew Moreno CIeMB Recorder 200-foot radius of Ony tank battery or within o 150-tool radius of any wellhead. relative thereto, a IN MONUMENT BOX Any construction within° 200-foot radius of any tank battery or 150-loot radius NW CORNER POINT OF BEGINNING IA 0 LS 4392, 1994 of any wellhead shall require a variance from the terms of the section 23-3-10 of Beginning at Northeast(NE)Corner of sold Section Nine(9).(hence along the cost line SECTION 9 LOi BEcl _ �' POINT OF BEGINNING the Weld County Cade. of the Northeast One—Quarter(NE 1/4)of said Section Nine(9),South 00'24'55"East, END 3 i/4' ALUM CAP O w' 8 •'3 LOT♦ I ,301.93 feet to°point: thence leaving the east lice of the Northeast One-Ouorter LS 20685, 1993 N89'15b5E 5316.09' 4 3 2) Any future structures or uses on site mutt obtain the appropriate zoning and (NE 1/4)of said Section Nine(9).South 88'49'16'West,1018.4]feet; thence, -- WOW 72 budding permits. North 0132'16"West,1309.68 feet to a paint on the north line of the Northeast 5 4 — /a — N89'1505E 265B.18' F\ (GRAVEL ROAD DOES EXISTS) 1 one Quarter(NE 1/4)of said Section Nine(9); thence North 891505 East 7_ 'N _ _ _ _ . _. . — — __ 3)Prior{a the release of building permits for Lots A and B the applicant for the 1044 O6 feet to the Pont of Beginning, �_ _ _ _ Services perm( shall be required to submit evidence to the Department of dependability. ePlanafig acres.more L LL T-1' 3ervces of on adequate water supply of sufficient quality, quantity and dopcurt obi ty the above described parcel of land=on loins 3091 a e less parcel ands 2655.]1' N89'1505"E 1462.OY m ,N89'15 05"E 1044.06 1 1 of-wayolo o the easterly side of sodwp del and for / -Weld County Road 72 long the northerly Side a said parcel.Said parcel is aInn subject OIL TANK 1 ` 4)ea or to foe release or bu ld fig permis {Fe oppllc°nf iwillbi be regL red Is subm( to rights-of-way d/or a ents of record as recorded and/or as no exist, PROPo5E0 Re 9 10 a e corded deed with the building permit application tlescrcurin the Lot upon which 9 y O0 8 9 N630,(M"E \ Ri? l ACCESS W00' I o o - the¢but des permit is requested. The legal description on such deed shall include OESCPIPTION Lot B acid N 1/4 MONUMENTS SEC 9 22)807(MEAS) 00• the Lot designation and Recorded Exemption number. END 2 MONUMENTS 230.1]'(REC) \ / s e A)North, of aland located;n the Nest One-Half61.11 1/2)of Section Nine Coo Township Six L END 2 232" ALUM 1 \ / Should noxious op weeds exist an the property or become established o result of n) being maned Sixty-Sk(des West of the 61F Principal Meridian.Weld Caun\y,Colorado CAP,LS 123]6, 1993 IL the proposed development we the pursuant to applicant/landowner shall be responsible for and being more porticul°tly described as .ru 2.� controlling the noxious weeds, pursuant to Chapter 15 of the Weld County Cade. DID NOT 242PT GAS A IN m m Li 2 ENO 3 1/4" ALUM o`�¢ 4 uTownshipConsidering tsix fi cost line of�[ae Northeast One-Quarter(inc 1/4)of Section Nine(9). CAP, LS 7242, 1999 _ /-- LINES vI to Potential 0 fosea are hereby notified that a te d one guu feeding m operation County.Colorado to bear SouthS00'24'55'(East 66)West 5d of bearings eaeaeinedncipal Pherein Weld 2v'7 h / PETROLEUM WELL tar inter headt of cattle County d #587) is located EE- t empact te east of relative thereto: an the intersection of Weld County Roads 31 and 72. Off—site impactsthatfrom may be h o I R=15D / \ - encountered include noise from tracks,tractors and equipment; dust from animal Beginning of point on the north line of the Northeast One—Quarter(NE 1/4)of said LOT B ; \ LOT♦ n I pens and odors from olsmm confinement, silage. and manure. Section Nine(9 whence the Northeast(NE)Corner of said section Nine(9)bears, P1E-p± 8 to lo 20,914 8North 6915'05' Fos',104466: thence leaving the north line of the Northeast One- 7)51.31! AC. \ / R-150' I - AC. oe WELD COUNTY'S RIGHT TD FARM: Weld County is on pf the most productive puerter(Sc 1/4)of said Section Nine(9),South 0192'(6 East 1309.68 feet; thence. (5O30c AC, \ (29,32± AC. a(ricultatal counties;n the United States, ranking fiifthein total market value at south 88'49'16 West,1604.91 feet; thence.North 06'31'00"West.40521 feet, thence. 20].9(' (MEAS) LESS WCR ROW) PETROLEUM WELL / LESS VCR ROW) 'it' agricultural products sold. The rural areas of Weld County may be open and South 86'41'00-West,221.41 feet: thence,North 16'7'00"West,6234 feet, thence, 20].80. (REC) spacious, but they are intensively used for agriculture. Persons m ving into o ural North 0]41'00'East,9055 feet: thence,North 25"46'00"East,207.91 feet, thence, area must recognize and accept there are drawbacks. Including conflicts with North 19'49'00"East.4z9 S2 feet;to thence,North 60'39'00"East.2h.30 feet to a _ n - longstanding agricultural practices and arlower level of services than in town. Along point on alongthe 0'north tine 9 the rite °rt<r(NE 1/4) f sold section Nine(9); N0711'0o"E l a rural the drawbacks come the incentives flues which attract urban dwellers to relocate to thence the north line or Inc Northeast One-Quarter(NE 1/4)of said Section Nine 30' ROAD ROW—�� eea. Open views, spaciousness. wildlife,lock of city noise and congestion, and (9).North 89'15.05"East,1462,01 feet to the Point of Beginning. 9655 (MEAS) the h at atmosphere and way of life. Without neighboring farms, those features 90.50'(REC) 60' ROAD ROW—� which attract urban dwellers to rural Weld County would quickly be gone forever. The above described parcel of land contains 5131 acres,more or less,including rloMs- Nt6'1]'o0"W If-way reserved for Weld County Rood]ta ng the northerly side of said parcel now Agricultural users of the lord should not be expected to change their also subject to rights-of-way and/or easements of record as corded and/°r as exist. 82.34' (MEAS) long-establish e agricultural practices to accommodate the intrusions of urban users 0230' (REC) into a rural area. Well run agricultural activities will generate off-site Impacts, OWNER'S APPROyg1, owners including noise from tractors and equipment, slaw mav:ng farm vehicles o rural N08'31'00"W roads; dust from animal pens, field work, harvest, and gravel roads: odor on I(We), the undersigned being the soleeeow in fee of the above described parcel(s) animal confinement,(silage,and manure; smoke from ditch burning: flies and of land do hereby subdivide the same s shown on the Hotbed mop.I(WO understood 5140,00"W 40121' MEAS - mosquitoes;apes; the useof including the use of thol this parcel(s)is located within the'A'S(Agricultural)zone district and is also intended (MEAS) — b p m pesticides and fertilizers¢si in the moved s, 9 "Ito/or r Le the conduct in heother a anduses b aew. 221.41' (MEAS) 605,00'(REC) a aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of yyP�e*\aareas he.c (� y special re 221.30' (REC) _ ___ residential development without threatening the efficient delivery of irrigation to RFISWJ r/ y °,₹ FoAn9 550'49'16"W 1604.9V 508'4916'\V 1018 47 . w LL fields which is essential la farm production. Patrick L.MCNea 140 1 Section 35-3.5-102, C,R.5., provides that an agricultural operation shall not be • S88'49'16.44 2623.30' (MEAS) 30' EASEMENT- round to be a public or private nuisance if the ogriculturol operation alleged to be o The foregoing cerllficate k ow1eE L f.1y day affr1, PD.,2001 262204'(REC) UTILITY AND nuisance employs methods or practices that are commonly o reasonably ossociatetl �9�LgOrA1�l)sIIIIs��AP J:r�1] '2d�8— IRRIGATION I m with agricultural production. My Commission Expires: �=pwffTfitr Weld County covers a land area of over 4,000 square miles in size(twice the State Note,public, m.�. �.: iQ �N11y of Delaware) with more than 3,]00 miles of stole and =unty roods outside or Nimes¢my ham and seal: MTIMIIS a municipalities. The sheer magnitude of the area to be served stretches available m patrols resources. of the couenforcement ty and the distances which uses ttube traveled may dela mare y all EASEMENT rFRTPIrAtE klll7xEs - ,fepO ' emergency responses,including law enforcement,ambulance, and fire.Fire protection 1 We).the undersigned,do hereby dedicatee for tithe -e prop erl y(iez)shown or W ally provided by volunteers who must leave their jobs and families to respond d cr bed hereon, sements for thepurposes \\ s s shown red hereon. X to u emergencies. County gravel roods, no matter how often they ore bladed, will not 5 m provide thew me kind of surface expected from o paved road,not removal tsennak L.Pollee,' 3 priorities mean that roods from subdivisions to arterials may n not be cleared for a several days crafter o molar snowstorm. Snow oval for roads within subdivisions are of the lowest priority far t public works o may be the ill sot responsibility of ACCEPTANCE Q.: the homeowners. Services in rural areas, in ca¢ny cases, will notbe tlloieent to uNtlp01 services. Rural dwellers must, by necessity,be more sell—sufficient than This plat Is accepted and approved by the Board of County Commissioners of Weld County, m T�ATT urban dwellers.Le Stale o Colorado. ,�{. l , m 4 4 T. 6 N. WCR 72 4 8 1V Children are exposed to differed hazards in the county than n an urban or Witness my hang d the corporate seal°f weld Canty tnis[ZTay°f era-A.O.,2j' _ LEGEND suburban setting. Form equipment and ail field equipment,ponds and irrigation 1L;4M k_4 - - LOi A ditches, eleetricol power for pumps and center pivot opeatons high speed trots[ Chair,Board of County Comm III,//��/�,.. W p sand burs puncture vines ievli°rlol form tlo and Iveslack t eat threats B B � SECTION CORNER FOUND to net ditch Controlling cnmrens«toes s fmvarmnf sat omyeOs,idea surety, I) p _fit EP'�� m 3 L1 _ but piss for the protection of the farmer's Ivelhood. Parents ar respon9ble for /SpI' � �y/j i. LOT B - their children. ATTEST: y.4, 4,�Rx{�.Q.�y a p uN" a4fy Weld County Clerk t°the 6-dad wp 1/16 OR 1/4 CORNER FOUND SURVEYOR NOTE% . S0 W,i 3 11 Theeasements and nor rights—of—way.which may be shin hereon may not be complete. Deputy Clerk t• he cadre r' Oahe Q 1 SECTION CORNER SET e nosed semg<nom information.and r¢m be used only n this context.The client dm not ry 1/4 CUR request easements am/°r rights—of—way be shown an beyond those contained on the plat SURVEYOR'S rFRT EICA TF Q m SEC 9 6 10 2)All references to books,pages,maps and reception numbers ate public documents ea file 4.......1Q 0 END 3 1/4' ALUM CAP at the Clerk and Recorders Office of Weld County,State of Colorado unless stated otherwise. I,Kenneth R.Alles, A registered Prolesziotal Land Surveyor In the Slate of Colorado do B B B 10 d� 1/i6 OR 1/4 CORNER SET IN MONUMENT BOX hereby=edify then Ibis urvey pmt,description and the checking thereof Wee repored ,� e< LS 7242, 1998 3)NOTICE: According IC within o law,you must commence any legal action based upon any under my personal supervision,and that this description is accurate representation of )• moyct in this surveyupon three an years t I ter you first a discovered commenced such defect than noen event r the survey.I further certify that the survey and this plot complies with all applicable rules. !' �` 9 18 WCR ]0 10 10 0 FOUND 1" YELLOW PLASTIC CAP may any ubmetl upon any defect In era survey be mmmenc d mare ten years regulations,and laws of the Slate of Surveyors, Colorado.State Board a!Registration for Professional `/VO LS .)z 4,2 from and/or dote nn the R. Alles certification shown hereon rI more han CRS.).Ages and survey ales, Engineers and Professional Load Surveyors,to the best of my knowledge. antl/°r Kenneth R.Alles will not be liable for more than the cost of this surrey and vo LOCATION MAP (men onlytae to rid Client of this adv shown hereon or n our fie by stassigned fi by t U SCALE: 1"—100 • SET 5 REELER W\ Acceptance°na/ar use of Instrument air any purpose constitutes agreement by m< /' - .• • SCALE: 1" = 2000' W client to°d terms stated hereon. / _ '/r/•T-� . 1" PLASTIC CAP PLS 9644z 4)BASIS OF BEARNe Considering the east me of the Nanheoat and Quarter(NE 1/4)of t — *"�'s 9646 V Section Nine(9),Township six(6)North,Range Sixty—six(66)West of the 6th Pleased , '.. / r. Meridian,Weld County.Colorado 1°bear South 00'24'55"E°sl and all bearings contained etl V ✓p.e herein relative thereto: f •_SWrr`X �Z 0)The rights—°f—Way for the roods shown long the exterior of the se tion shown o e 4�,p4?8 O documented in the records of Weld County,Colorado;n Book 06,Page 273,dated 10/14/1659,Actual roads within the rights—of—way shown may or may not exist. 6)The Iegol description used for this survey was obtained from Patrick L.MCNear. ])This land survey is only valid if print has the original seal and signature of the surveyor of record. SHEET NO. 1 OF 1 DATE NO. REVISIONS BY CKD MLLES AM£SSOO8MTT3 ANC" by RECORDED EXEMPTION RE-2946 �I Drawn RAA Date'. 02/10/05 PATRICK L. MCNEAR /,yl 426 N 2ND St.LA 62 co eo6ds ',34499 WCR O PART N 1/2 SECTION 9, TY, 8 NL R. 88 W., 6 P.M. L/CJ FAX: (9]a)2Bd-9s6z Checked: KRA Approved: KRA GREELEv,COLORADO 80631 WELD COUNTY,COLORADO FAX: (9]O)2i3d-9164 @ • Serving Northern Colorado for over 85 years AO 1212 8th Avenue, Greeley, Colorado 80631 (970) 352-1212 Weld County Planning Department GREELEY OFFICE AUG 13 2003 • ECEIVED August 8, 2003 ` Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: RE-2946 Gentlemen, I have engaged a surveyor to survey and map the property. However, it is first necessary to complete some dirt moving which will affect one of the property lines. I should be able to have the dirt work completed after the final irrigation this season and then complete the survey work. I estimate this process can be completed in approximately 2 months, at which time I shall submit the mylar. I will keep you advised. Sincerely, Patrick L. McNear 11 irk REALTOR i i I 2504.13 1468.55 1035.58 - WCR 72 ex Pr' e ;ex el-tp< 0 _ _ _ =_Jr 0- -,i PROPOSED LOT B PROPOSED LOT A 51.5 AC M/L , 30 AC M/L / W well '. well C R 1301.26 3 • III 1 L____, . 0 III \ . - .° "-- - -- , Pr \ I NO IMPROVEMENTS Acres EX = EXISTING ACCESS dry 1.23 PR = PROPOSED ACCESS rd 31 1.19 GAS R-O-W GAS GAS GAS GAS GAS -GAS rd 72 0.73 ROAD R-O-W — — — total 3.16 OTHER R-O-W TANK BATTERY C D SCALE 1" = 400' WELL HEAD + I\ DEPARTMENT OF PLANNING SERVICES 1555 N. 17"'AVENUE GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us C. PHONE (970)353-6100, EXT. 3540 FAX (970)304-6498 COLORADO Jury 28, 2003 Patrick McNeer Scott Realty 1212 8th Avenue Greeley CO 80601 Re: Conditions of Approval: RE-2946 Dear Applicant: On February 5, 2001, your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should you choose not to complete the recorded exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval,your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing,within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, The Department of Planning Services DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 lID WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us lge PHONE (970) 353-6100, EXT. 3540 FAX (970) 3046498 COLORADO December 2, 2001 Patrick McNear 1212 8'Avenue Greeley, CO 80601 Re: Conditions of Approval: RE-2946 Dear Mr. McNear, On February 5, 2001 your application for a Recorded Exemption was approved with specific conditions of approval by the Weld County Board of Commissioners. One of the required Conditions of.Approval granted you 60 days to submit a mylar plat. Should you wish not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet the conditions of approval, you will be scheduled for a Board of County Commissioners hearing. Planning Staff will be recommending denial of your request at the hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on the parcel. Withdrawing the applications will not effect future applications. We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing to work with all of our clients. I will be available to answer any questions and concerns you have. Please notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above address, phone number or e-mail address. Sincerely, Chris Gathman Planner-AICP c. FAX TRANSMISSION COLORADO Weld County Department of Planning Services Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 O1-k 1 CI and TO: CaPP FROM: (...,\c‘c;S ,cam Lwtcui� DATE: 17 11 (O FAX#: A 5 PAGES: C0 (Oaf CouC>' SUBJECT: Loy Rte— Z I CCD . dW12C� c a c-t . L€ CoU'c CoU.aµ. ;55;0CA-LTIS COMMENTS: z t (� 11 0.\ ` C' Ql) I V\cu;C.. Ceti ZS OB1S� CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying cf this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2946 - PATRICK MCNEAR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #2946, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #2946 was submitted by Patrick McNear, 1212 8th Avenue, Greeley, Colorado 80631, for property which is located in part of the Part of the N1/2 of the N1/2 of Section 9, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 64 acres and 20 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2946 by Patrick McNear is, approved conditional upon the following: 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 Plat shall be titled Recorded Exemption No. 0805-09-1 RE-2946 3. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 23-3-50.E of the Weld County Code. 2001-0375 RE2946 In RE #2946 - PATRICK MCNEAR PAGE 2 B. In accordance with Chapter 8 of the Weld County Code, Lot A shall be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use; no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions, and not below the crest of a hill or where physical obstructions are present. Access shall be a minimum of 75 feet from any intersecting County or State roadways. C. Lot B shall utilize the existing residential /agricultural /oil and gas /ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, they shall contact the Department of Public Works to adequately size the culvert. E. Weld County Road 31 is designated on the Weld County Transportation Plan Map as a collector status road, which requires eighty (80) feet of right-of-way at full build out. There is presently sixty (60) feet of right-of- way. A total of forty (40) feet from the centerline of Weld County Road 31 shall be delineated on the plat. This road is maintained by Weld County. F. Weld County Road 72 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty (60) feet of right-of- way at full build out. There is presently sixty (60) feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 72 shall be delineated on the plat. This road is maintained by Weld County. G. The applicant shall attempt to address the requirements of the City of Greeley as stated in a referral response received October 19, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. H. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. 2001-0375 RE2946 RE #2946 - PATRICK MCNEAR PAGE 3 The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery, or 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 these terms, pursuant to the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits for Lots A and B, the applicant for the building permit shall be required to submit evidence to the Department of Planning Services of an adequate water supply of sufficient quality, quantity, and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed with the building permit application describing the Lot upon which the building permit is requested. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) 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 of the Weld County Code. 6) Potential purchasers are hereby notified that a confined animal feeding operation for 1,850 head of cattle (Amended USR#587) is located one-quarter mile east of the intersection of Weld County Roads 31 and 72. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 2001-0375 RE2946 m RE #2946 - PATRICK MCNEAR PAGE 4 6) The text of the Weld County Right to Farm Covenant as shown in Appendix 22-E of the Weld County Code. J. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD C TY, COLORADO ATTEST: fi ��`�( � hh�� M. J. Geile, Ch it Weld County Clerk to t , -, 1oa4a9� J kit it R.61-0 7 Glenn Vaad, ro BY: Deputy Clerk to the B•w � m H. Jerke /APP OVE FORM: D vid . on o my Att rney Ro ert D. Malden 2001-0375 RE2946 (et 0 DEPARTMENT SUBDIV S ON E EM T SERVICES ION COLORADO ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: January 22, 2001 CASE NUMBER: RE-2946 APPLICANT: Patrick L. McNear ADDRESS: 1212 8th Avenue, Greeley, CO 80631 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Part of the N2 of the N2 of Section 9, T6N, R66W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0805-09-000038 PARCEL SIZE: +/-84 Acres ZONE DISTRICT: Agricultural WATER SOURCE: North Weld County Water District SEWER SOURCE: Septic systems The Department of Planning Services'staff has reviewed this request and has concerns for the following reasons: 1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Sections 24-8-40.B.3 and 24-8-B.4 of the Weld County Code, as follows A. (Section 24-8-40-8.3) Consistency with the intent of the zone district the recorded exemption is located within as expressed in Chapter 23 of the Weld County Code. The parcel is located within the A(Agricultural)Zone District. Section 31.1 of the Weld County Zoning Code states: "The A (Agricultural) District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses." The property is located on land classified as "prime" agricultural according to the USDA-Soil Conservation Service map. LotA as proposed will take 20 acres of prime farmground out of production and remove it as a viable parcel for farming purposes. 1) A.Goal 1 of the Weld County Comprehensive Plan states "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The U.S.D.A. Soils Map indicates that the soils on the property are designated "Prime"farmland. 2) A.Policy4 of the Weld County Comprehensive Plan indicates applications for the division of land which are zoned agricultural shall be reviewed in accordance with all potential impacts of the division on the agricultural community including soil classification, agricultural productiveness on the site. 3) A.Goal 8 of the Weld County Comprehensive Plan encourages water currently associated with a farm or rural unit of land to be retained for agricultural uses. 4) A.Goal 9 states "The minimum lot size of parcels in the Agricultural zone district should remain at 80 acres to encourage parcels large enough to retain viable farming operations or to accommodate modern agricultural equipment and irrigation practices. Lots of lesser size are not generally practical to farm due to large scale management practices existing today." 2001-0375 B. (Section 24-8-40-B.4) Consistency with efficient and orderly development as expressed in Section 1.3 of the Subdivision Ordinance. 24-1-30.H Securing equitable handling of all subdivision plans be providing uniform procedures and standards. Planning staff has consistently approved lots on prime farm ground that are approximately 9 acres or less, unless other circumstances exist. This size is based on a pivot sprinkler corner which is approximately 8 acres. 24-1-30.J Preserving agricultural land and promoting it most productive agrarian use; The proposed recorded exemption will remove 20 acres of prime agricultural land (according to the USDA-Soil Conservation Map)from agricultural production. 24-1-30.K Ensuring irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses; Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 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 Plat shall be titled Recorded Exemption No. 0805-09-1 RE-2946 3. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by 23-3-50.E of the Weld County Code. B. In accordance with Weld County Department of Public Works Ordinance#180, Lot A shall be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. Access shall be a minimum of 75 feet from any intersecting County or State roadways. C. Lot B shall utilize the existing residential /agricultural /oil and gas/ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. E. Weld County Road 31 is designated on the Weld County Transportation Plan Map as a collector status road, which requires eighty(80)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of- way. A total of forty (40)feet from the centerline of Weld County Road 31 shall be delineated on the plat. This road is maintained by Weld County. F. Weld County Road 72 is designated on the Weld County Transportation Plan Map as a local gravel road, which require sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of thirty(30)feet from the centerline of Weld County Road 72 shall be delineated on the plat.This road is maintained by Weld County. G. The applicant shall attempt address the requirements of the City of Greeley as stated in a referral response received October 19, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. H. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance,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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits for Lots A and B,the applicant for the building permit shall be required to submit to the Department of Planning Services,evidence of adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits,the applicant will be required to submit a recorded deed describing the Lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) 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 Ordinance 169A. 6) Potential Purchasers are hereby notified that a confined animal feeding operation for 1850 head of cattle(Amended USR 587)is located 1/4 mile east of the intersection of Weld County Roads 31 and 72. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 6) 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 that 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. J. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. K. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. OZ9 (47 (yew' s?? MAP) Good Morning, Chris Gathman, Department of Planning Services: This is Case# RE-2946, a 2-lot recorded exemption. The property is located in part of the north %2 of north %2 of 9-6-66. It is located south of and adjacent to Weld County Road 72 and east of and adjacent to Weld County Road 31. The property is located approximately 2 miles west of Eaton. The proposed size of Lot A is to be 20 Acres and the proposed size of Lot B is to be 6H acres. 5,k4-- AA Weld County Planning Staff has concerns with ith this application for the following reasons: It is questionable as to whether the applicant has demonstrated consistency with the intent of the zone district the recorded exemption is located within as expressed in Chapter 23 of the Weld County Code (Section 24-8-40-8.3). 1) The parcel is located within the A (Agricultural) Zone District. Section 23%3o10 of the Weld County Zoning Code states: "The A (Agricultural) District is intended to provide areas for the conduct of agricultural ( activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses." The property is located on land classified as "prime" agricultural according to the USDA- Soil Conservation Service map. Lot A as proposed will take 20 acres of prime farmground out of production and remove it as a viable parcel for farming purposes. • m e gramerOfitspiestietstermiStiarestierr It is also questionable whether the applicant has demonstrated Consistency with efficient and orderly development as expressed in Section fl of the Subdivision Ordinance. (2`1--g—yarBR) 214- 1630 Planning staff has consistently approved lots on prime farm ground that are approximately 9 acres or less, unless other circumstances exist. This size is based on a pivot sprinkler corner which is approximately 8 acres. n % a DEPARTMENT OF PLANNING SERVICES rs Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 IFax(970) 304-6498 D � COLORADO February 2, 2001 Patrick L. McNear 1212 8th Avenue Greeley, CO 80631 Subject: RE 2946 - (Recorded Exemption 2946) Legal Description: Part ofNl/2 of the N1/2 of Section 9, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Dear Mr. McNear: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has concerns that the application does not meet the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code. This application is scheduled before the Board of County Commissioners on Monday, January 22, 2001 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available twenty-four hours prior to the public hearing. If you need any further information, please feel free to contact me at the above address, telephone number or e- mail address. Sincerely, Chris Gathman, Planner �_� a DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I1555 N. 17th Avenue, Greeley, CO 80631 D CPhone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO February 2, 2001 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption #2946 Dear Commissioners: Patrick L. McNear has requested a Recorded Exemption to occur on part of the N2 of the N2 of Section 9, Township 6, Range 66. The 84 acre parcel is south of and adjacent to Weld County Road 72 and west of and adjacent to Weld County Road 31. The property is currently used for crop production. Planning staff has concerns that the application is not in compliance with Sections 24-8-40.B.3, 24-8- 40.B.4 of the Weld County Code. For this reason we are requesting the case be reviewed by the Board of County Commissioners. Section 24-8-40-6.3 of the Weld County Subdivision Ordinance states that recorded exemptions must demonstrate consistency with the intent of the zone district the recorded exemption is located within as expressed in the Weld County Zoning Ordinance. The parcel is located within the A (Agricultural) zone district. Section 31.1 of the Weld County Zoning Code states: "The A (Agricultural) District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses." The property is located on land classified as "prime" agricultural according to the USDA-Soil Conservation Service map. Lot A as proposed will take 20 acres of prime farmground out of production and remove it as a viable parcel for farming purposes. Staff has consistently recommended that recorded exemption parcels (Lot A) on prime farmground be nine acres or less. Section 24-8-40.B.4 of the Weld County Code states that recorded exemptions must demonstrate consistency with efficient and orderly development as expressed in Section 24-1-30 of the Weld County Code . Planning Staff has concerns with the following sections of Section 24-1-30 of the Weld County Code: 24-1-30.J Preserving agricultural land and promoting it most productive agrarian use; The proposed recorded exemption will remove 20 acres of prime agricultural land (according to the USDA-Soil Conservation Map) from agricultural production. 24-1-30.K Ensuring irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses; The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 24-8-20 through 24-8-80 of the Weld County Code have been met and adhere to the goals and policies of the Weld County Code. Sincerely, Chris Gathman Planner 'T1 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices liD1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO January 17, 2001 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption #2946 Dear Commissioners: Patrick L. McNear has requested a Recorded Exemption to occur on part of the N2 of the N2 of Section 9, Township 6, Range 66. The 84 acre parcel is south of and adjacent to Weld County Road 72 and west of and adjacent to Weld County Road 31. The property is currently used for crop production. Planning staff has concerns that the application is not in compliance with Sections 24-8-40.B.3, 24-8- 40.B.4 of the Weld County Code. For this reason we are requesting the case be reviewed by the Board of County Commissioners. Section 24-8-40-B.3 of the Weld County Subdivision Ordinance states that recorded exemptions must demonstrate consistency with the intent of the zone district the recorded exemption is located within as expressed in the Weld County Zoning Ordinance. The parcel is located within the A (Agricultural) zone district. Section 31.1 of the Weld County Zoning Code states: "The A (Agricultural) District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses." The property is located on land classified as "prime" agricultural according to the USDA-Soil Conservation Service map. Lot A as proposed will take 20 acres of prime farmground out of production and remove it as a viable parcel for farming purposes. Staff has consistently recommended that recorded exemption parcels (Lot A) on prime farmground be nine acres or less. Section 24-8-40.B.4 of the Weld County Code states that recorded exemptions must demonstrate consistency with efficient and orderly development as expressed in Section 24-1-30 of the Weld County Code . Planning Staff has concerns with the following sections of Section 24-1-30 of the Weld County Code: 24-1-30.J Preserving agricultural land and promoting it most productive agrarian use; The proposed recorded exemption will remove 20 acres of prime agricultural land (according to the USDA-Soil Conservation Map) from agricultural production. 24-1-30.K Ensuring irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses; The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 24-8-20 through 24-8-80 of the Weld County Code have been met and adhere to the goals and policies of the Weld County Code. Sincerely, Chris Gathman Planner DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353..6100, Ext. 3540 • Fax (970) 304-6498 g q • COLORADO October 2, 2000 Patrick McNear 1212 8th Avenue Greeley, CO 80631 Subject: RE-2946 -A Recorded Exemption located on a parcel of land described as Part of the N2 N2 of Section 9, T6N, R66W of the 6th P.M.,Weld County, Colorado. Dear Mr. McNear: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria,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 Eaton and Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Eaton and Greeley Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Please call Town of Eaton at 970-454-3338 and City of Greeley at 970-350-9780,for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman, AICP Planner wi FIELD CHECK inspection date: CASE NUMBER: — 2614Z' APPLICANT: P•3- MC_A-ar LEGAL DESCRIPTION: LOCA-I"ION:vof and adjacent to Weld County Road 721 o ayg a at c 4'`3 :;�on�tt ... Land tJe N A (Agricultural) N C'cop\aJ. kaAigimi E A. (Agricultural) E ��'c5p�Gt�.;cQ l((tee �atr� ��- i� ea, S A (Agricultural) S ccc c\cam., W A (Agricultural) W Lcop\a-J COMMENTS: • �rop�.„1-, �S`c vs6 L0Q-S+ ' gas-V. (4.' (( c' WeS R p 1at4e.k, i v CO'V.N. • Chris Gathman, Current Planner O L AWN; APPLICATION FLOW SHEET Wine. COLORADO APPLICANT: PATRICK L. McNEAR CASE#: RE-2946 REQUEST: 2 LOT RECORDED EXEMPTION LEGAL: PT/N2/N2, SEC 9, T6N, R66W, 6TH PM, WELD COUNTY, CO LOCATION: S/ADJ WCR 72 & W/ADJ WCR 31 PARCEL ID #: 0805 09 000 038 ACRES: 84.00+/- Date By Application Received SEPT 12,2000 Application Completed SEPT 29, 2000 CG Referrals listed SEPT 29,2000 CG Design Review Meeting (PUD) File assembled io n Letter to applicant mailed / X )" Referrals mailed Chaindexed Vicinity map prepared "�l DPS Staff Field Check / 2/12/0O �am Administrative Review Decision: —1—' TO BORRIN 1Z/ZZ(o 0 1 Conditions of Approval PC Hearing Date(if applicable), Action: Surrounding property owners notified Air photo and maps prepared --/n� /O V BCC Hearing Date(if applicable),Action: -t Co.i --- VsVs/c)i� I Resolution received Recorded on maps and filed Misc Overlay Districts Road Impact Fee Area: Yes No_X Zoning AG/PRIME SW Weld__#1_#2_#3_ Airport Yes. No_X Windsor Geo Hazard Yes No_X Flood Hazard Yes No_X Panel#0475D RE. RDED EXEMPTION CRITERIA {'' ECKLIST (STAFF USE) i a tik �QLOk?Aid® • _ t/ ` \ — ("! (p t c� P( \N�w CASE* �PLICANT: c1 ��C C ',.% Recorded Exemption ( 2 Lot) EQUEST: . EGAL: }', 02 e37 Section 469, T o N, R Lila of the 6th P.M., Weld County S of&Adjacent to WCR "72 & t� of& adjacent to WCR 3 DC,�T1Chl: n ARCEL ID#: �0.N.) —09 1 - cDOOO 3E- —ACRES: 0 1 +1- acres • • ATE RECEIVED: 91/2-/Z000 • .. Zoning and USDA SCS Soil Classification Zoned SCS ii p \\ s-; Yes No N/A Lot A ❑ ° Will the proposal make future farming practices less efficient? (11.3) 2. 0/ tIcc i0ov 3L-C- - 2.0 acres wO I t V) �, QU- � ' Lot B ❑ ° (O- + c9..�.1 Gov-_ •At ovc+�a°vl .t4 r�PP,c - Ts noti,-Qz;:d4 Wiil either lot(s) be used for ag culltural pu oses? {11.3) . . Lot A ' ❑ a DoT ?:,-- CK-op`amc . Lot B p( o • LoT A-- 'p -tt9c / c-az,w J icy, i. Conservation Easement or open space proposed or required ? (11.3) 4. Lot A o X • -a Lot B o a 5. Does the application meet Public Works requirements Ordinance 180? Lot B a 0 (11.3./13.4) 6. Lot A ❑ � ° 3. Will the application/site use existing housing? (11.3.6) Lot A ❑ A ❑ 7. r, Lot A. u '� ° Building Envelope proposed or required? (1 1.3.3) Lot B N o ° 3. In-house water- quantity, quality and dependabili ? (11.3. , ° t kkYC.-0- atk- � Lot B ❑ �' Letter in File? Qv�. '��' �' � (9. Foc C1401,sn+ 161-`a D. Water availability: crops, lawns, gardens and maximum animal units 9. Lot A °B !ir ° ° as allowed by right or Special Revie, Permit'? (11.3.4) �' �' Lo+ a c Ilca �o� �c�� c L� K �' 1 0. Has irrigation been removed tarn the pplication-site? (11.3.4) 10. Lot A ._ Lat3 ❑ 'Pr. ❑ If so - when? 11 is the application consistent with_current and/or future land use patterns? 11. Lot A ❑ (11.3.9, 10, 11) —�6c7 Lcr\-- P) 15 0,,tA c55LA Lot B ' ❑ 0 • 12. Does this application create parcels which would limit future land division? 12. LotX ° ° (11.3.9, 10, 11) Lot 8 n ° 13. Have either parcels of the application been ;sari of a previous Recorded 13. Lot A o ❑ Exemption? (1 1.8.3) Lot B o i- rte.. 1. Number of Recorded Exemptions au,..1centto application Parcel/Section? ,.,_;,11.3.9, 10, 11) — - •4 Yes No N/A'173. Are surrounding parcels larger then minimum lot size? (1 1.3.10) , 15. Lot At ❑ Q - -- ? csA uts-k- . ().r0.rc3\ - Ecis\-" Lot B 9= a 0 • � a 6. Are there any unique characteristics of this application/site? (11.3. 8) 16. Lot B d 4 ❑ `� � 17. LotA )( a r. Does application meet Health Department requirements? a Referral Conditions?.(11:3.5) Lot 8 9c a • Lot A o `� a Engineered Sewage System(s) ? Lot B ❑ a . 18. Lot A `¢.� 3 ❑ 18. Comprehensive Plan and applicable IGA Compliance? Lot 0 ❑ ❑ IGA OCA— t to i L^... ''$6 , 1 1•� \S ,e,S W1 19. Proposed use of site? Lot A FQ.S c wiCSL /An LPas- `) L'v-r s Lot B A:n ( ca ac ) i rzsr �- 20. Refer al Agency(ie ) Appr, val? / Denial'? 21. Lot A a .1;5( a 21. Impact on Adjacent Properties Lot B ❑ ❑ 22. Lot A 0 a 22. �Slic/Permits�� Lot B "t a a 23. eed, ertificate of Conveyances, Property Research? • 24. Lot A a ❑ 24. Road Access Information Lot B ' ( a ❑ • 25. Sketch/Plot plan Staff Approved: Board of County Commissioners (if applicable) Permits on SLIC: i Date: - Q (off' • ■l1�� From: 'Aslnm 465.4 111,1/4,:;, To: 63 JGz— Legal Description: Date: LI ti From: i^siv*c.. No J6r` To: ' s-1- �F &c. c.z_ V (9_)-- Legal Description: • Date: .V1133 f From: . \/05(9.3- 5 To: ...,_ AcessibtAg uo�ciJ izIS I 11 Legal Description: • Date: f l5 $5 ►a (� Co. 7p�5\r1 r From: A To: Legal Description: 4.15 4,1a.►0...s ie1.J 3.5 51fuo s W,L.fts cc- Os-7 Ldp yliase-s 1) d2o- k 2-I s va' r2 Skar s Lc i Date: (p/7.A/25S From: Nom siv15pS tAamoca ),A To: c_i+_.ar fc 00\a gs" Legal Description: 2 i� �s L � Ltit.% sk, .s J!,r? Came,\ �. 'Io c ., 2. s11 0.1,4..s Locs;5 • Date: ?ill ll l 23(n From: Oget ncQ To: _ d) - Legal Description: u s e . (101-2.1.15 c/o ( wcL er, Date: 1 From: To: Legal Description: Date: From: To: Legal Description: Date: I From: To: Legal Description: , I �---- nPARTMENT OF PLANNING SERVICE' +� , Department of_': iing Services, 1400 N. 17th Avenue,Greek„! '?rado 80631 Phone(970)353-6100,Ext. 3540,Fax#(970)353-63'rz APPLICATION FOR RECORDED EXEMPTION ?/_ .1..t A/ir 1 i'4,F_iii `/Z/ 'v Application Fee 95O Receipt Number s�y.9 1 i Case Number & :t.- 441-4 -fi Recording Fee Receipt Number. Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT:(Print or type only except for required signatures). I(we),the undersigned-lie eby request that the following described property be designated a recorded exemption by the Weld County Board Of County Commissioners. LEGAL DESCRIPTION: Pt N 'A N 'A Sec 9-T6N-R66W TOTAL ACREAGE: 84 Zoning big_ Parcel Number O 8 0 5 0 9 0 0 0 0 3 8 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property 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 X No Does this parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard:Yes_ No X ; Airport:Yes No X ; Geological Hazard: Yes No X FEE OWNERS OF PROPERTY: • Name: Patrick L.McNear Home Phone# 454-3455 Work Phone# 352=1212 • Address: 1212 8th Avenue City/State/Zip Code Greeley, CO 80631 Applicant or Authorized Agent: Phone# Address: City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source NWCWD NWCWD Type of Sewer Septic Septic Proposed Use Crop Production Residential/Crop Prod. Acreage 64 20 dlk) Existing Dwellings No No Yes or No //i-724/ c�/�� CLl-1. -40 ralw Existing Dwellings Address(if applicable): Larger Parcel N/A Smaller Parcel N/A Smaller Parcel(applicable only for 3-Iot Recorded Exemption) N/A I hereby state that all statements,proposals, or plans submitted with this application are true and correct to the best of my knowledge. Rev: 1-27-97 Signature:Owner or Autho 'zed A ent RECORDED EXEMPTION QUESTIONNAIRE RE: Part of the North 'A of Section 9, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The property has been owned and farmed by myself for the past 16 years more or less. I have utilized this farm parcel primarily for the production of alfalfa and a rotation of small grain such as wheat or corn and typically the east 20 acres rotated back to hay because of its limited production capability. The majority of this farm consists of soil types that have average production capability. However, approximately 1/3 of the east 20 acres consist of areas that are non productive due to high ground water and seepage into the top soil, causing limited or no production in the area. This area will not support even alfalfa production within a year or two. I no longer have the resources or the desire to farm non productive lands. At this time I wish to sever this 20 acre parcel more or less from the larger crop production unit in accordance with the recorded exemption process. This area is not capable of generating revenue great enough to offset production costs. Instead it is more suited for pasture that would compliment a residential/equestrian type of property. The westerly portion of the property does not suffer from the seepage problem associated with the 20 acres. The parcel adjoins WCR 31 along the easterly boundary and WCR 72 to the north. Domestic water is available through service provided by the North Weld County Water District. The ASCS soil profile indicates an acceptable percolation rate for the soils associated with the buildable portion of the subject. Both parcels are adequate in size for I.S.D.S.'s in accordance with the State Health Department and the Weld County Department of Health regulations. Due primarily to type of soil the large tract is classified as average irrigated agricultural land with no improvements and current oil and gas production does exist. The property had been an 84 acre farm unit since 1985. Under this request, the present use of the larger parcel or the farmland being the westerly portion will most likely continue to be operated as it has in the past for forage or small grain production. The use of the smaller parcel will also remain mostly unchanged as a residential use with minimal agricultural benefits. There are no unique physical characteristics on the property that haven't already been stated. Any new buildings will have to meet all zoning requirements as set forth by the Weld County Building permit process. When considering the proposed and present use of the property I prefer not to encumber the property with building envelopes or conservation easement restrictions on either parcel. The proposal is consistent with the Weld County Comprehension Plan by preservation of the agricultural portion on the larger parcel and changing the use of the smaller parcel will not adversely affect the agricultural use of the property. The proposed use is compatible with the existing surrounding land uses, as there are several small residential tracts located in the area. Severance of the property allows each specific portion to be utilized as their highest and best use. The proposal is consistent with the existing Agricultural district whereby the property has available utility services and access that will not impose on the surrounding agricultural lands. The recorded exemption process will impose certain restrictions on further development. Approval of the proposed Recorded Exemption will not create major problems in the area of crop production, future development, public interest, safety, environmental or geological concerns. Also, the proposal is limited in scope and does not create multiple residential lots in the Agricultural sector. Thank you for your consideration.sk.Patrick L. McNear 2504.13 VCR 72 683,85 ex ex ex PROPOSED LOT B PROPOSED LOT A 64 AC M/L C, 20 AC M/L N I W • ® C well well R 1301.26 n N 3 , 1 N I s y NO IMPROVEMENTS EX = EXISTING ACCESS PR = PROPOSED ACCESS GAS R-O-W GAS-GAS-GAS GAS-GAS-GAS-GAS-GAS ROAD R-O-W OTHER R-O-W TANK BATTERY c ` _ > SCALE 1° = 400' / Road File# RE: y APPENDIX B Other Case No. WFL.D nrnv ry ROAD AGCF44 Tn ORM u c Weld County Public Works Department 933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632 Date:_� '?�, Phone: (970)356-4000,Ext3750 Fax: (970)352-2868 1. Applicant Name P. Address hone 3 — 0i P City State Ea_Zip 2. Address or loc Lion of access O c t 7 2. a4 W e Section _ Township G 3 Subdivision ----'�-- __ Rw,gc 6 b J Weld County Road # Side of Road t+ Bloc— Lot —�J..eS&. Distance from nearest intersection 1 / a,,_ _ J C 3. Is there an existing access to the property? Yes yNo_ #of accesses -J 4. Prjposed Use: 07 Permanent (7 Residential/Agricultural ❑ Temporary ❑ Subdivision O Industrial ❑ Commercial O Other 5. Site Sketch BEG Legend for Access Description: (� tir AG= Agricultural 7 RES = Residential ______J O&G= Oil&Gas T D.R. = Ditch Road _ ' 4( C R' cl 31 7 1-------1 r"---- **********►*******************************************************************************♦**************** OFFICE USE ONLY: Road_ ADT Road ADT DazeDate Accidents�_ Date Accidents Date Drainage Requirement Culvert -----__Size________Length Special Conditions *******************************►*************************************************************************** ❑ Installation authorized O Information Insufficient Reviewed By: Title: REFERRAL LIST NAME: Patrick McNear CASE NUMBER: RE-2946 REFERRALS SENT: October 2,2000 REFERRALS TO BE RECEIVED BY: October 24, 2000 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office _X Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _X Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce XEaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-2 _X Greeley Ditch Company Longmont West Adams • . reti;,...\\ lime Weld County Referral COLORADO October 2, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Patrick McNear Case Number RE-2946 Please Reply By October 24, 2000 Planner Chris Gathman Project Recorded Exemption Legal Part of the N2 N2 of Section 9, T6N, R66Wof the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 72; west of and adjacent to WCR 31. For a more precise location, see legal. Parcel Number 0805 09 000038 t The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature e4 , A-Ole Gti--' IP422/29_ Agency EATON DtS�R CT PROTECTIO Date P,O. BOX 582 #Weld County Planning Dept. #1555 N,17th @T( IEIS;QC t(970)353-6100 ext,3540 +(970)304.6498 fax 60 'd t'£1zi-b£8-OL6 6.Aeq..ta6eA uu.,C 1 der : vo 00-9Z-qaO ..'...-1,!:, tiiblAci ;, aF tning Dory _:.:1 . . NIR OCT r.13 2000 . . ...,.:., i • . ',,,9 ,e,:ur (': ij.4:. ll ‘If r= Ill Weld County Referral O r,r COLORADO October 2, 2000 .:::1 The Weld County Department of Planning Services has received the following item for review: :.. Applicant Patrick McNear Case Number RE-2946 '•'.•:4 Please Reply By October 24, 2000 Planner Chris Gathman Project Recorded Exemption Legal Part of the N2 N2 of Section 9,T6N, R66Wof the 6th P.M.,Weld County, i Colorado. Location South of and adjacent to WCR 72; west of and adjacent to WCR 31. For a more '-:. precise location, see legal. • Parcel Number 0805 09 000038 n�^ _. T. . w.�. m,.. .•'3 ,.;• 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. ❑ 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: • r\c ....crki\.,..,.,......s, Signature �e—' '' - "),.6 - as Agency \) G S r}D Date ' •:•Weld County Planning Dept. •:•1555 N. 17th Ave.Greeley,CO.80631 -(970)353-6100 ext.3540 +(970)304-6498 fax ..F •� l v v J lr bc IWeld County Referral COLORADO October 2, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Patrick McNear Case Number RE-2946 Please Reply By October 24, 2000 Planner Chris Gathman — S Project Recorded Exemption Legal Part of the N2 N2 of Section 9, T6N, R66Wof the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 72;west of and adjacent to WCR 31. For a more precise location, see legal. Parcel Number 0805 09 000038 „„ > The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Luck, 7Z $ L/c23( r5 / ✓ vtJ Signature { �— l a/(2 too Agency 1A 9<e-47 4 C) Date ••✓Weld County Planni Dept. 41555 N. 17th Ave.Gree ey,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax \;y,,,-:.) County Planning Dept., '` .: 5(ii° atril - ,, OCT 06 2000 Illik Weld County Referral COLORADO October 2, 2000 The Weid County Department of Planning Services has received the following item for review: Applicant Patrick McNear Case Number RE-2946 i 9 Please Reply By October 24, 2000 Planner Chris Gathman I Project Recorded Exemption l 6 Legal Part of the N2 N2 of Section 9, T6N, R66Wof the 6th P.M.,Weld County, Colorado. Location South of and adjacent to WCR 72;west of and adjacent to WCR 31. For a more 3 precise location, see legal. 1 i Parcel Number 0805 09 000038 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. ❑ 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: Signa re ØOWTO1 Date 223 First St ,t ❖Weld County Planning Dept.E549%ri tP Nag,CO.80631 (970)353-6100 ext.3540 +(970)304-6498 fax a MEMORANIJUM ft .4 11-411: TO: Chris Gathman, Planner I DATE: October 24, 2000 11 • FROM: Donald Carroll, Engineering Administrator ® SUBJECoutf:tpuining Dept T: RE-2946, Patrick McNear COLORADO toy s o /00U ni Iru 1 The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld County Recorded Exemption Standards. Our comments and requirements are as follows: COMMENTS: WCR 31 is designated on the Transportation Plan Map 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. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 72 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 Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot A) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) A local residential/agricultural access shall be a minimum distance of 75 feet from an intersecting county or state roadway, and 150 feet for commercial type use. Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. This policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-2946 plan38re.wpd Memorandum TO: Chris Gathman DATE: October 17, 2000 W I ' • FROM: Sheble McConnellog e, Environmental Health COLORADO SUBJECT: McNear, Patrick CASE: RE-2946 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. SM/ske/re-2946 Weld County Plduning Dept. 0CT18 2000 s' r g. A ti F "d ,d BOARD OF DIRECTORS z"�.\ NORTH WELD ( �U-�'1 Y WATER DISTRICT GARY SIMPSON \ / 33247 HIGHWAY 85 a LUCERNE,CO 80646 ERNEST ROSS a ' W.M.McKAY DON POSSELT,DISTRICT MANAGER • CHARLES ACHZIGER ,--.` ROBERT ARNBRECHT f P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 e-mail:nwcwd@bwn.net September 6,2000 Patrick McNear 34499 WCR 31 Greeley,CO 80631 • This letter is in response to your inquiry regarding water service to the following described property, Approximately 35751 WCR 31,in a portion of the N''/2 of the NE'/,of Section 9,T6N,R66W of the 6t''Prime Meridian 1. Water service is presently being provided to the above described property. 2.North Weld County Water District is able and intends to provide water service to the above mentioned property, provided all requirements of the District are satisfied. Before a tap can be set along WCR 31 at this location,a line extension will have to be constructed from WCR 72&31 to the tap. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the District. The applicant can avoid the Raw Water portion of the Tap Fee,by permanently transferring one unit of Colorado Big Thompson(CBT)Water to the District. • • TAP FEES INSTALLATION COST ESTIMATE Raw Water for an Acre-Foot Unit(AFU) $14,000 Meter Set TBD Base Portion of Plant Investment Fee $5,000 Range:$500 to$2500 Distance Portion of Plant Investment Fee $1,200 Line Extension TBD TOTAL COSTS $20,200 $TBD Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,and Physical Address. The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this letter. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase price that was paid by the applicant. If any line extensions,road bores or additional installation costs are estimated to he more than$5,000,then Proof that"Loan Funds or a Line of Credit"are Available and ready to reimburse the District at the time of completion,for 110%of the estimated cost. The applicant will pay such costs before the tap is activated (water is turned on). . Water tap/service shall be placed on the physical property,defined by a legal description. In case of a Recorded Exemption,the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. The District recommends that anticipated water usage be purchased through the District. The District guarantees treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District requires that 1 Acre-Foot Unit(AFU)is purchased. With I AFU purchased any usage beyond 228,000 gallons will be in surcharge. The Plant Investment Fee shown above pays for the infrastructure required to deliver 1 AFU(228,000 gallons). If usage exceeds the number of Plant Investment Fees that were purchased,additional charges will be applied to your account. Alan Overton • North Weld County Water District \\SERVER\USERS1Legal Documents Utter of lntent12000\McNearPat72&3I(9-6.00).doe 111 • • • I, 1 • • 1 • • • • • • • • • • • it 1 , • /`/ C9 Z♦V G\ " \ C ` C / f i ♦ ♦\ F . \ i i \ < ♦ a ( f I ♦ ♦ CC ♦ I .$, C . c ._ ? ?. ♦ ; C I h 1: S /� ♦ 4 ♦ ♦\ �i ♦ < K : -- -_-'. -' -Y--------------------- ... ;..........................c - , . .-......... c: - r_ -y: -. ...........................................................................'_ _y: - y- : : - --------------------------------------------------, - , .. -................................ _— -,.• i _-------- - , -_ ;. ,. •.................-:Y-t - -- ---, ..._ - ----------------------- ---.---------------------------------------------------------------------------------------'.---------- . . I .ty: > •. ' . v : ; A \ n n / ( n , ♦ 2'6PAAH q L tLLIS W oora� Z 6 g X04 ', z Y9,14 pillIVL ®LLV to"-Lt-[ 17'7 tagz, 9 9 'N 9 i`6 ® S ',Ld3IQ 9NINNY7d'0�Q73N //,, t Ori iIIi w' >�v + .II I or to 1/4''t :,. nr ^�'a )JnCosA. rr.am.nnn stwt<or �`J` �r "—px o ,�sl +w-` I+ `ti 4 FxL �� lyll culnrndn of the arc d n t. u;k- i f V wqlkar"It 1i 'II R ITNEssri II.th t D e sn t party of the first part for an,in consideration of me nom of N I �,,,<_. n H 'ai 1 YM1}-a rS "� P DOLLARS P t C Y m{ I II r.ns.i•?"t v °' Forty One /houaand Two Hundred and ,Trt) fth L1,2W.%0) I (d �rT: t �' .a }7 n'd n lFemuff a d rnrtiee of lM1e .y j,Yy y y ?riBIAI� f'rt p l�( :1 ,� I on,,nd rte and receipt e pant nl le c nsidrnl one to the and nd a of wle f rat part in hnnJ f ) ,N I and rnn.ye 1 0 I ' , p W/Fi o k .cnnd art.the eel nt ne whereof in hereby conformed con and 0,A nleread.has granted,bnrgn Red. �,2^�,{ at ^ - c 2""n Lx dace 2""t. r sit bnrc,in.pall rnnvey• and confirm unto the said parties rf .ernnd p. the r w��;k,��fy ya IIt e rSt1 's n1 - Ect/J 3rt.t E fie I and FT the" Comm"bus •min•nt trnnnrv. 9lab following do+r:LN Int o i P,fr s ul.)yy�°1" A.7 heirs an I assigns f t t nano m me Counts nf'i=1d and Slue t i3 6 v�1F' r� r' 76 y. ^6T t.' t^ i'5yv.P 2 It ° f t RF In 6 e, +yi&X �fr�f 5 III, I of Cnlornd^,Ito wt t lying iiiL being °` �, e 1.,,yyr''id ewln,l y; aL 'rc0 Widen oe,rs C 9 n 30.JOrcct .,rd 0°n 83.10 feet f , yv :e 1/ U �'Ifire+ „i '•4 JJ Cri I II from Nie ,G corner of section 20, to oship i sheen, e_n�t of Lne v'+` "i S' II di'cth urine_ al r eridian which point of be,innir :si•n,, coy c o 1 of the n 4 Ui A yF P p w (� , • polcel of land, described 11-rein, located it c=_ Cot,C; 01 o - i6 of p',:f. Il+ir r I_ < tk 1}5�a.,�,j , '' C°lor.,do and eontainin; 23.i=i ace Gov en<inr -t ere^n o 1inn`IG/,°L5 ^, rL )h}..•.r; �: .,. 4 i {¢r�ty+"• • :.76.01 feet to corner Co. 2; thenceN62.31,5,:, °6 29 ee' to ° �y,13 eey � r i �`!F{_.a..F.,._ -‘ thence 528°19's, 3.33.81 feet to comer o ; tilenc -30°2 Y 3. o 'i 266 25 set to cork: ho. 6, .hence 3 54 'I, re S i ,r "a'C @'f"R/ .�I to corner no. 5; thenreel e11 539 3kre ' 6t % µ4:=,+.t,'+x x 636.46 feet to corner No. 7; Irene N7332:3 a, 195(.1, feet to i°"region in e t'lence „. t 1t. t'4'4s' ' 4 eFezt -.r] �` l w1Taili I ;h.,r§01eenAR„fARPen6d'Jhb,„A,„ thFa il•77 nts,p„c'ng I agf F,3j?G� �ueA� TOf.Cf11ER von ,n 1 Tire:Vest remn,nder And n ,orders. me tea Is,ne, and prof n tb r I ,�A tl• F"�3 tS O,4,..t{4 ,r d'I : tree nine a.d ln< rev r .. m. `` IY :.:4114%,..,%,te'^ :f nth the estate,nght,UVe`inlerert,da'm nnJ At mend+rhalxneerr a(:Ft enW pony of she M1rst port ei h i i.Y { µ-rya rH i� l� d&xa i '' equrtr.of. f ,n end to the oho=e here,med pare, with me hereditament,cand ter urte„n . SAS n '?. 11 remises, bnren,ned and der r bed with the apnurtenn t the ..3" Y "}, Yt.:47 ,9wjJsw9.{� E'I r0 HAVE AND TI) HOLD the sail preen • r.And tae said rarer nr eat r rte part t n v n k e'' `l.u ,y tl$ ;,ens#7 i 4} �4 said rvern of the second part.their ht and pssigns ent grant bargain an serer Ln era n tr. tea = n f lh yc+x dK ttet I �' E ry +t`Avd J �� •2 ,eve executors. Iadministrators.o does m•eev asset a drdeIi of tape prrnnn.'h II 1 b"5" { + w j'' b e naepan there and gas.flame the a me or tt tl ng ) h 1 +St4' T"I( V'4,v""t:4 ',t a of the ' ,al ore good, ,rt,perf.rt ,F.eh t: 1 'plc Sda a r u t Yt 13 M„I preen se ,.l and ) t 9 F I+ p"S tN ',� Iel ea g J •f that the slame era fd l,uful nearf,.rt,c grant, i " +' n and me same arc free n .I dear Lem all r nth, g t. bargains,sales.I n h.,y;! yr F P.M.:.• U{ . , ,,}C n form f assessments and encumbrances of whatever kind er nut. a e.:ceFt et.. nt texas and .1.411; �L Y S _,y ts, tions,'r air.s��ddfenv�`�r<.I j•54Er :EECI yn 'ate andaF�Lera1 to 11aterts,^an: othnricatt.r- oft rlcortlti^�t.a c'ficeoof Y``ri" a.,ia:' t. I)4-' \. 'y r3�fe"i 1r�'`''yF county decordcr or ��e1d County, Colorado. } t} a : ne A ',*-4FS'f} p tFY' I-1 I • " 'tat y&-k. s 'k�w+1, 3 I past and LM1e aFo,e lnrcn eel pnm sea in the quiet and penanble po,eenR on of:he vad rte Y.ien of me.. d p t tM1 renst . f9fi S q '' + w <+1.•tir.b U54�1 t`� r of them,their resigns and the hen and ensigns of.urh+un,vor against all at e+en pe. v r y`' i " a a, I Sl�k `y J' fiC ie! Yr lawfully claiming et to claim the whole of nap pert thereof,the said part)'of Lhe Ives part=Fall and a II{4 Ai R4�T <99 a AND FOREVER DEFEND the singular number shall mAuv.Lhe picnh she Plvrnl the m+gulnr nnJ tr t e of nn> <'g,�Y r 4 yl �X y gender shall be applicable to all genders. 0. py�! 4,., $ N ,. I IN WITNESS R IIECio al tat said party of the first part ban herenrm set his hand and Real the day and year I. c S i k 2.9 ( rd 4{ J,iG. ry A FI ihit i �,v�' 47a h1A :i fire. Mira rattan t sc,s+, µk`tms\._ t. 1 Hudson s ._3. ._ , _...m tea.( ..1 31 Qp a ' tt 400,11 R .q',, - ' Signed.Sealed and D,hremd r lh+Prom.e of n fl I 3 I v z :.4 r n hie (SEA Li S I � / ,a*13."rk( I(x* a•. I ' -, I"..t4� tar.ALI a„.'r a$"• • ' ;r0 s1+ .... .,. Y i. �G l LCg' h.5 1 C: 3't`t ' °0+.F� I ... ... .. .. D. ,.roe E it ilia- t(e - STATE OF COI,OIIADO. A'" 1 y,(,.Nr s'k 1[g?6 a ittaJ"t ^I t and Counts a: De .or I"' trrt .�. k<n W y�"F l 4 I h, ( ng t ent was acknowlelged before mu thin 30th da9 •f Sec tembor . 1971 L`. f 1}y 4 WC h 1 5g Iy ( Ix $ f F I! py lIJ T/am.D Grebe, a partner of Hudson Fstat s LTD. 052 SX '!y }}A'.,y. '1y .4.:3.:16A-41:400114-24'� d1aP t I .'";I: ,+h-r'd,�.v�ntcl0 p 19 R :n .. T red off ~ • M{ 19 t~r ( 4aF. t - Y ry - t� / ..... .. ... , .ourr Lee. 1 ( 3�.F hh � r r, hand•pp 7 s - •'t '. r - T y d ?'. OW i1`" V- fy s „� Z j d-v ht ''J, L(t a Ec rr peen—r.)=nt Tenet=. 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'. f x w rt Tll ( :a eV. § qd' • $"E i' ,'--L ' n ' . 1' "Ahtl ty i 2r ,r ibis y kl e i14,m74001{i,a '.I + ktv.ya t A ;i W^,( '.{„...t --r i,...,- --+'.--'.`'I th'‘;,-.-.':,,,.,. .,.-,.;,....44,,,,,,,,4 ,d f '<im : rrw-44,.1.4,4 -,. r: ride • a• ,i'ab 4.vri_ 'y r 'r t • ti t,..13 •1 t,'I{ y 4 w•i r(„ n* M-.N' 4kw t,`f r r i r r iiAlfi pat W,a=a dro,k��.pw4a- . .w^ ' .a+x, tA1 �.w �r l --y::_ �t�—....rr l , ,, x A'1AM:1 ar.:y et lr 'W'. :i L'.wtl S +T,z W,44 1 , a lr-t,, � { y -y,,,, ,� as F £{ y ter,a.an-r x"P i •-+ t�az;}3< j r rY�— I '1 +js , 1 ` t r,. +�•n ry ile �i a *'< -, : y.... . , .x • • • AR006S4S1 eda B 1124 REC 02065451 08/18/86 16t42 $6.00 1/002 cram ant F 0894 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Quit ClainilDe i, • . THIS DEED is a conveyance from the Individual(s). corporation(s) or other enlity(lesl named below as GRANTOR to the Individuals)or entity(les)named below as GRANTEE of whatever Interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: • Grantor. (Din nemesis''rid pipets)of residence,If the spouse or the ownes-granter is Wiling In the Deed to release homestead rights identify grantors as husband and wile.) Gene W. Oblander 812 49th Avenue Greeley, Colorado Grantee: (Goe name(s)and addrnsle).sialemnle of address.Including available road or street number.Is required.) Patrick L. Mcllesr 1212 8th Avenue Greeley, Colorado Form of Co-Ownership: comma!we MO IM�pa grantees i enancc et will o themswarne meaning lake artaddedin use spike below I Property D..eriolbn: 'Include county and Who A tract of laud located in Section 9, Township 6 North, tinge 66 West of the . 6th P.N., Wald County, Colorado and being more particularly described at follow.: Beginning at the Northeast corner of said Section 9 and coe.idering • the Ea.t line of said Section 9 to bear South 00'03'051 West with a.11 other bearings contained herein being relative thereto; Thence South 00'03'05" West, 1301.26 feet; Thence South 09'17'16" West, 2622.04 feet; Thence North 08'03'00" West, 405.00 feet; Thence South 87'09'00" West, 221.30 feet to ■ I. 1 point on the Easterly side of a road; Thence along said Easterly side by the • following five couraee: North 15'49'00" West, 82.30 feet; North 07'39'00" East, 90.50 feet; North 29'16'00" Eat, 207.80 feet; North 20'17'00" East, • 429.30 feet; North 41'07'00" East, 238.17 feet to a point on the North line of said Section 9; Thence North 89'44'06" East, 2504.13 feet to the Northeast corner of said Section 9 and the Point of Beginning. • Together with 2 shares of the capital stock of the Latimer and Weld Irrigation Co.; 19 shares of the capital stock of the Divide Canal and Reservoir Company 2 shares of the capital stock of the Lucas Lateral Company • • B 1124 REC 02065451 08/18/86 16:42 $6.00 2/002 qq F 0895 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO q n properly Address. 0 o ReaervalIona.Reslrlcllona: pi 1M GRANTOR Intends l0 reserve any interest In IN property or l0 convey leas than he • ;p owns.or OI the GRANTOR M reslrkOng the GRANTEES right In the property.make appropriate mdlullon) 3 e (7� E.eculM tn.lne O,enIM op Al,l.(_k / I .1E 6 apnoea.Ciao*lot 0rtl.rot aerrwrwa r A.eeelrleg Olae.wlr.Clow.y. •, Nemo elamler Carport°.Potrerwa Or AMOcwwn onmo, ey (Polo, Of Aunt Minter STATE OF COLORADOI COUNTY OF /Lid I v 14 ' •'41,0111a by Tne Puppets,in.4MMm en rn eAtOp.e e.ry.M IM •• )I aria MO. .�°•.;V's pT• Crena W. OBLkNDER � • Ya WITNESS PV MM PPP pAy Ml Mw /lI } N My crn,,IMIM nrm: .1y Cd}.Y::'s:CapapJ 1pM 9,1987. .i ,r,,,.Y J Pq4 STATE OF I 'y'e`• ►2O11•�a COUNTY Of ) of •• 'fit) TM Mtgoi g m.nwnl c..rc.MCYU}q WPM PP IM en or •/I 4111 Be' 1•name,nt.4WIGslnlorlclWIIG.Mbo.r Coepp.hen PMMNµpte Al.ocW.M.lAs% e1e.*paw .rondef o.wcw pnlginl.Men..1o..or en.,Ial MtnIwy at corpe.ole&ol n prwwlel M te.w.Mh.e.er n wlM.wp n.e..pnlll t l.wc.wen I WITNESS,,,',ono.M M<.. uS My comml..M...M.... Ie.Iry WqM Vet UPDATE• LEGAL FOAMS / O p1 Boo OM•Soviet C oEet3} 13031 J%AJtl NO 203 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD . . . The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" CONVEYANCES (if none appear, so state): - - Reception No. 1520523 : Book.599 Reception No. 1923405 ,Book 993. an 9 re—rPmrc1 R Reception No. 1935423 ,Book inn3 Reception No. 197340E ,Book Aev Reception No. 1935325 ,Book 1003 Reception No. 1935426 ,Book 10(13 Reception No. 1995384 ,Book loss Reception No. 2015107 • ,Book 1074 Reception No. 2065451 ,Book 1124 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of TRANSNATION TITLE INSURANCE COMPANY,is hereby limited to the fee paid for this Certificate. • In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 30th day of August , 2000 , at 7:00 A M • • TRANSNATION TITLE INSURE O7MPANY Order No. 8513639 Company Page 1 of 2 C-- gib Ie ' ( ,. �i )12` ' \ hbrize Signature G Aut 9 EXHIBIT "A" A tract of land located in Section 9, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Section 9 and considering the East line of said Section- 9 to bear South 00 degrees 03 minutes 05 seconds West with all other bearings contained herein being relative thereto; thence South 00 degrees 03 minutes 05 seconds West, 1301. 26 feet; thence South 89 degrees 17 minutes 16 seconds West, 2622 . 04 feet; thence North 08 degrees 03 minutes 00 seconds West, 405. 00 feet; thence South 87 degrees 09 minutes 00 seconds West, 221.30 feet to a point on the Easterly side of a road; thence along said Easterly side by the following five courses; North 15 degrees 49 minutes 00 seconds West, 82 .30 feet; North 07 degrees 39 minutes 00 seconds East, 90. 50 feet; North 29 degrees 16 minutes 00 seconds East, 207.80 feet; North 20 degrees 17 minutes 00 seconds East, 429.30 feet; North 41 decrees 07 minutes 00 seconds East, 238. 17 feet to a point on the North line of said Section 9 ; thence North 89 degrees 44 minutes 06 seconds East, 2504 . 13 feet to the Northeast corner of said Section 9 and the Point of Beginning. ORDER NO. 8513639 Page 2 of 2 I -_-t 599 d b AUG 30 �& i �f • ' N P ....raw 1520523. • ::" - t 41 DEED . o - THIS DEED, Made this 15" day- of August 1968 , '' _ a'` N between ELIZABETH DAVIS WELSH, MAY BELLE DAVIS ANDERSEN, 3 i +,' ', H California,E DAVIS HERRON and MILNER T. DAVIS, of the State o£ - Califo of. o first part,'and W. L. VOOLER of the County � - ;,, of Weld and State of Colorado, of the second part; ^ SETH,-That the said parties of the first part °' - 'for and lit''consideration of the sum of,Ten Dollars and,-other -' " • r c :good and-valuable consideration:-to the said;,parties of"-the first ��` - _ A acq a 'e_part"in hand paid by,said party_of the second part, the:receipt "`- whereof is hereby confessed and acknowledged, have granted, v I bargained, sold and conveyed, and by these presents do grant, J --8-62..".' - bargain, sell, convey and confirm, unto the -said party of the , r - second part, his heirs and assigns forever, an undivided one- : r,n. .-half interest in and to all the land, situate lying and being --- ,' .".2in the County of Weld and State;of Colorado, more Pui'-y des "abed-:- = on Exhibit A--attached'hereto end?hereby.incorporated herein _ - z ` 44'..,k `'' 'POf;E1 R with all and singular the hereditasents And -- m i — - . .- -r",r ,-,tap urtenances thereto]belongin ,fer in anYSNiee anpertakning{-anR id - 0 ry _ ,-a, ,. sh .reversion and rei(erstonsi 'remainder"an&,r9r, indersz ,rents .,-. Cy, y. w Issues.:ar_ profits tk'ereof and all the, estate right :title, 1 - _ a.^3ntereat :claim and demand whatsoever of the said parties oE' n ¢ _ .'r rt, eth i. er in law or`equity, of; in and to e th above a `- ;,•bargained.premises,--with the.hereditme anta..and appurtebau ea �„ .: n - - ;TO 1DtiE AND TO HOLD the said premises above bargained v • ,: and described with he appurtenances, b..eu L3 .._.... n x= - ,� QF the second part hie-heirs and assigns forever And the said i; 6 ' p and a__ a v « - -_ 4. fnr themselves, their heirs; executors' a e _ administrators, do covenant i grant, bargain, and..-agree to and-,an , ,. - _ with the-said party of the second part, his heirs and-assigns, H -- _ '-� that at'.the time of-the ensealing and delivery of these presents;-, t - -.;! - • :L_they-are wen seized:oP_the premises above.:conveyed.-as oS good,,.:: - sure, perfect, absolute and indefeasible estate of inheritanee,. - - - __in horityn fee simple, and , sell an rconve full pexer_^d nawflrl:" ,authority'to grant bargain sell and convey the same 3n manner _r-Itoe - '-'all former ' therd s e_ - ie snd:axea asses: — '= nestsoandr and 'other w, -teverki, sores urento ter, cestss -r ' 2 r¢ _- h'ri ▪ -moots-leases, easement of whatever-kind°ex nature Sander, except"=;- - _ -" those leases, easements, rights d way, exceptions and reserve- r _ gener specified in Exhibit nd the excep% the liens oed4t 1968 --' g9nerto Prul ntial- -ifees sur.ncet ompa yf frAmt ica,-both of - ��- z part to Prudential-Life Insurance and o£ America,- the which ' -- party ofne the second e part assumes nddeaceas to pay and the above' r, baidapart premises in the quiet and peaceable possession of the •o - - • andd party of the second part, his heirs claim and assigns against all _ _ _ and every person or persons lawfully claiming or to c the whole or any part thereof, the said paroles F. the first part - - Shall and will WARRANT AND FOREVER DEFEND. o-c - - - v TM W ethc ..ERFDP - the aid parties of the first part c have hereunto set their hands and seals the day and year first — --_ ' above written. - - / - - /' . - !JI (SpEA�L) .,"{ q, _ L.i�.i I', (SEAL) FF 716 -fi1n .k: 1w,e 6(O nw� (Suet) y56 ra s ,.r 4 x '°°°` 599 - ;f ..,.,. • •• - 1520523 „ - g N - - - y e mE :; t STATE OF CALIFORNIA ,s�',- 13, S W. _ 4 e9. -. . e B € COUNTY-OPy�„�ea;,A,�' ) f the foregoing ipatrumenY,- was acknowledged before me '. - this edgy o/%..�--0.<• , 196 by Elizabeth Dav18 Walsh ' ' My commission-expirep �' t " '`-, e a °'Witness my hand and o icier eel. : -- - Sri rql,to----'� STATE OR CALIFORNIA cy nq t h k,MIA l// r e 1 as r ` COUNTY OP' : 1' ti {t The forgoing.ip tan pj�t;was acknowledged _ Apder We', __ t `- fi ` tbis%t day of/ " "1`-a19(o _t by May Bell',e Davis Andersen -- - Witness mY hand and otFicial seal.,= _ r STAI:t. OF C.,L RJ7IA � ,_ n el nee qi l • v r- COUNTY OP CfiiSLJ�� 9�—cero t _ _ .,,_{The foregoing i - 101 e�i t was acknowledged before me r •ss- zy £C/ - A=�, T9�d- nv Marjorie:Davis Heirsron �'__ —- ,My commission expires Mr C mm,+a,E,Pv�!n t?g•1! j,. ��,- Witness my hand and official sal lob _ - jotayy Pub 11'c. (/ a .„..,,—.44,.... .va m BETTY J KAMPF - STATE OF CALIFORNIA ? -i` NOTARY PUBLICCALIFORNIA C.� �O l3 as. ° VENTURA COUNT IL "'o- COUNTY OF r --�/ ) nn,..„moaned ..... • ma toBse Pore lag instrum^^,�t-mss acknowledged before me this�3 day of ,..L, 196h by.Milner. P.-Davis. _ My commission expires Nr c :,mv r,Pne:January,a.i _ Witness my hand and official/deal. �, - a ", ey ry Pu c a; i� 8mmv.v .., v "BETTY J. KAMPF", G try 1 NOTARY PUBLIC CALIFORNIA v VENTURA COUNT Y& t :. J ve • ymw ., 1 rS e006 - • ' . ' , • 599 1520523 , .0,010 is ;. ,- '. ,. , � �' • F' i'.1,'..‘• • I XIIIIvre A - 7om h . 6 Ner bh 1`anr° 66 West oftke 61hYM. - +;1 g; 3 -- Section 9: - --- All th vL put of said Section 9 lying Westerly of - 1 [ - e = a litre de ci Lbed ac foJ10 I Il ginning at a point i ,,� on t�e South ldne of plid Spctfon 375S 5 feet ▪ Y17 5,'v riii ly from the South�.:he corner thereof uhicll ▪ i -_ ^x N point as do the: 351:'W ly ban of a seepage ditch_; — >v " - thence North 2'0°351 Wet, 864. feet '('-" i tt . thence North 35°30' West, 472 foot; ,_ '� ii;: ' thence North 7/°3p West, 205 feet; ~• 1 _ thence North 6°411 West, 227 feet; a__ - 'h ^e 1lhrth 45° Pest, .142.5 feet; _ - . _i, thence Nor h 110 West !)S,ieet A thence loath 89°40' Past ,2 8 feet {= • -'t ti.et cc fur h 82°145 Rant, 105 feet ._ ��- d s - 1 theneaiorth 8°5,5' FWPste 7D{}4 feet - e .,41 -- e r i s, ;y i,lgouco. NcrUi 3050' West 72p r.on� ' z _ : ,I, ,1, o- r - ,Ir i then ee South'8110 0'I West 169 6 Tent - i a, i$ v 'thence forth 13 ti Mesta '332 5-feel. thence North 3,2°Iil .E,asl< 'Lull] 'c .;, ▪ -n thence'No en -,0°73, East jT_,428 8 foe _ _ thence-No cn 0016' _1>n A ee 1•-; - .. - ,.,,, _ the tcC North 4k�'of s idbS ='kl n Pent tb P°tnt o6 a 4 the.Nor h linC::'of said Seetlon = - �. - Section 16 � - All that part of the SLr lying Northerly and Westerly _ a bf ale D4mber ai 1°ne se c ovry ` Company-„,:,,--;„-t.ashe same e,i tad an Aprll 29,-1°0K - -- } EXCEP1 ny par. thereof lying Southerly and Easterly - -I,. y:' of said Dlteh as tha sable existed en,Pplil 11 1906 Nzn`E' SU NL'�;: Wr txctL'f that portion o ww fila _ ' -I conveyed o Peter Launitisen by deed re orded in.Eeo'c - _- ��; _�� F°�_.. r 34nj t d K C7 P:f t1 t portion oP the S'y _ conveyed o laid County by'deed ;eoorded in 71OOR- 1340 -All that Rart 'of the following described tract lying - _ ..i within _ - - - Beginn[nr at the No theast corner of said.-Section 16; _ - thence both along 'the Q'n3t line.of said Section 212oi4 feet;''- thence North 63°41' Vest,. 133 feet;. 'thence -- - Nest Si feet to. a point of Intersection'•,ith-a s epuge - '- :1, . - - ditch, the TBU3 POINT-02 1a0IN,1IIW; th' nee North - - _ 33°49' West, along said seep'„n ditch, 883.3 feet; �.._,. _ thence South /W. \lest,'71r feet to a- lateral ditch- 0 _ • thence South 1�7 - J:asL, along said la _=al ditch, 742 - feet to a point on the'Nor r line co tnc. yinn Gar 2 Ditch •-• -- of The New (oche la Pa -i-c Ir t:i0n Comy; -thence, :� I ` al.or„ said ditch 1i.n , South 960,56'.'host 605.6 foot, _ and South79°35'-Last, 550 feet, u,d North 57°12' Last, , „, _ 250.11 feet to the True Point of.Eetcinning.' - • .• 'CF's �, is [ - _ > - I ti . gv • 1520523 —= - step 599 - - 1520523p - i4 fi I. y k • .Section 17:. - #+ ._—A1-1 that part of the S&L lying Northerly of a line u' described as loll° n ,f .. _ _ -.t Beginning at a point on the West line of said See- he West: - d - "one-qurrtes cornet hereof, then e Nor h0u o - �h _ .:East, 230-:feet to a point on the-.NorUL liney of the _ - r ' :-Bompany; !)Shen'themese alo gc iacho�`-1a 41teh ie. ,gNe th. ..]8i°14'y{ar630alt}� aid rh 83 d8' F st, N°too �� - $1°14' East, 630-fectan3 North--83°48' Fast; 522 feet; - - thence South 43°40'-. East, 112.5 feet to a point on ' — _ the South line of said ditch; thence, along said South ditch line, as follows: r — North'60° 5' Fast 92 feet _ aJ - Sot-th',o5°441 Past. 210 feet South82°14' hest 2oa ieei.- f ,y a ' y -r?.or Yt:8&°45trastb, 146Sac. - k'� ' Norya 71°24+ .Ees4. r2 f➢tech, r .+ rL - i $outh�62$'iy fart 1550 feetd L' — - .Sou41 344°12' East 620 feet, _ ' South:52°20 EpsL 125 feet; - j -South-(0°3' East; 175 feet 1x-8°°56 C ,t 64.0 fee 7 North: l2°48' Past 00feet 5 ' North`60°l4' East S10.te t Icily North 60°35 East 210 feel _ _ South >,4°20' East 142 feet e.66y linen f2°4$ sect n(0 feet to 7 poem on he - 1966 7 East line-,oe said Se-the-- ,iltne is 6'5 Sr r' r - - '— _.c13.essr-Nortrierly from=_the�Sout"nea_st cc�ner`,;heraoi - N Poets - -All Lhat part of the��r* !yang Southerly and Easterly S' - _ - -.of a 12node'scribed as folio s:-. y 1540 _ _ ,s_5 in yng„2t the point of interee Lion of_.the West _ - - l3.ne,of-a lateral dit"n with-the Nu - _ _ " Section which point is 2612 feet, more or:less, West-'` lying. • - _ - I''eay from'the Northeast coiner thereof;. .thence, along flit 1lesterly and Northerly lines of said lateral dytcri, _ °=, on 16,' as follows• -'- - ° 2120.4 - - South 26°28' West, 340 feet; - icA - -" South 12°55' West, 220 feet; seepage South 1°23' East, 500 feet., - _ th -- - - South 90 ,51 -lest, 140 feet; '. t _, South 4 4y' West, 100 feet; :South 5950,49' West, 130 feet; • +i h, 742 i - - - South. 18 05' West, 150 feet; 2 Ditch - - South 22°16'.West, 350 feet; thenoc, - South 14°24' test,' 150'feet; - feet, - South 1°05''East, 170 feet; South °41 East, 450 feet; - - South 31°31' West, 50 feet; - - North 750111 West, 420 feet; • - South &3°41' West, 300 feet;" - _ North 6600 test 320 feet; - North 56°33' West, 380 feet and - - - - ' - - North 83°11' West - 815.8 feet to a point on the West ine of said Section which i 641 feet, more_ • - ---4Th le s, Northerly free the test one quarter corner thereof.- - I • Count; of End, State of Colorado. El- _ _ .uac- 599 - _ - - .oa{ C 1520523 - '_ Together with all water, water rights and water privileges, d all reservoirs, reservoir rights and reservoir privileges and -- - all pumping plants and easements or rights of way for the -- �, - foregoing, and all enlargements and extensions thereof, - appurtenant to or in any way belonging to or used on the above - described property, including, but not.limited to the following -- _`;(• water stock: 30 shares in The Larimer & Weld Irrigation Co., - - 600 shares in.the Divide Canal.& Reservoir Co., and 1,055 shares ¢_ ra *n Rood`Lake Mutual Water & Irrigation Co., together with all - t•�• - - wells,' pumps and equipment, if any presently located on said' -' RS, . property. _ Said lands be .�T l �- "scribed leases: subject,-to the following de- ` - rr 1. Lease to Larry.Kraus, Sated December 22, 1967, . to December 31. 1968, affecting 158.1 acres in Section 17. 2 Lease to Edward Schnoir -dated December 22 1967, to December 31, 1968 affecting_10...7 acres In 3 Please to Parry Rraus' dared December 22, 1967 to.7lecember 31, 1968 of ecting 2og:i3 acres IbTs V Lease to Dat se Krau dated December 22- 19'07, to D'eeember 31 1968 affecting 229.34 aores tn,. cti0n-16. k - aw Lease to Fred Burman,` dated December 22, 1967 to December 31 - 1968 ai£eetirg 1.18.E crew in Sec ion 9. '- Said lands being subject to the ollowing a semenbs, -T - 1. Any tax or assessment bylreason of the inclusion of abject:property in the-Northern,Colorado Water Conservancy - 7, I-3"4,3-',t, West Greeley Solr-ccnservation District Windsor- ' ! 333=3'333;523"437-333375a3.38 -seere,Fire'Protection:'District, Eaton-Eire Protection-Dis - -.ti tract, and North Weld County Water;District. "- _ '- 2. �Rignt of way 4UU ieet'in wldtn Y'or the 0niom — _ Company's-right of way in sate Sections 9 and _ Jas reserved by instrument recorded March 26, 1885 in--Book --•46 at page'406. - - - - - - 3• Right of-way to maintain a seep-ditch and drain in said Section 17, to collect and transport waste water there- - from, as granted by instrument recorded June 6, 1918 in Book - -513 at page 307. - - - - - 4, Right of way of Rocky Mountain Pipe Line Company - to construct, operate and maintain its pipelines for the trans- _moo portation of oil, gas, water and other substances, and appur- - j,, tenances, in said Section 17, as granted by instrument recorded - October 7, 1938 in Book 1032 at page 38. - jl said Section Right of way to nteduby seepage water from and - — _ across - Booki76 at, as granted by instrument recorded May ` 18, 1892 in Book 76 at page 485. r 6. --Rights of -way der g .public roads 30 feet in width" along the exterior lines of said Section 16, as granted by • iF instrument recorded March 17, 1909 in Book 296 at page 149. - - G- 61 _ • X599 I '3 `i, - y n _ . • 1520529. '• • !4 • 0 S' N t'4,. t. Right of way maintain •.its oipe]Lta1es for s Lhe tx ns-. —" • :- - _ por'at3or. of oil, gas or other liquids and-substance:., and. - k 11" r Appurtenances, in said Sections 9 and 7.6, as granted h,/ in ' -7— .r= ., atrument;.recorded July 18, 1955 in Beek1k24 at page, 1.5.1;;;_i — �Y �4 � ti n d wag ionT9, as oisc2Lmedn y Parr yc- F c t 4 - F o and. in Ra9 S Bar.�'9, ,as oYsclo eo aJ LccTt `; + • - - -� i' -corded-Octt obberer 17, 1955 3 in n Book-1371-at ., 9, Right of ivay lost Nm rber-2 oitch.of 'Erie New �� _ '!- Cache In Poudre-Irrigation Company and for all 0%1.0 tiug • a1 dttche :y.. ,y _ _ - ,lo f l) e t,Ctig�opds. h1 h rah a, p�r,elipc 'uLRkF sc'{ "?.r1-21,1.4.4of Fray ano,easeinehhL, Le era r m " s' - � 'td•h1 aF:Yerly _ _ __ ' bhc3t'iil.r lR iw Li*-twit 11�cor ba�idnSccthecn 76 Lo char with - 1-. the r$gh bo p;o 'pett fort' ntiYrE' And rwrov`e the samo,e as ro _ s - served to the Unittd Statg by.pattnt recorded M-ry 5 19 in 1Laok'6/1 at puke-132 and 1n3( and all�b abe then o or - -� �_ 12' Grin-ha. - =r w thin subject (property (except the NNP:»' S PF L1 slid Ila of. , said Section 16i togeth r with the right'to pro peat for, e w.11 __- a t da Dakn+ed _to-:1a on Investment n I, Gom-pally-by instrument recorded May 2, 1957 ili Book'Ir lh st _ _ y _ page 558, and any and al] assignments thereof or inter its 9., .17 13. Tvitia end conditions of 011 and (as Lea be twee Eaton Invest ient Cospany, leseor, and Aram Gi3 Corpora- ` __ -" - ' • t_on,,,1e see, dated PogUst 25. 1953 and reeorded November 25 _ . 1953•ia.Fbdic 1317-aL Y V -• , -.. r of 1 eL - pxoierty fora term of 5'years end'so=long thereafter ss oil _ -_ ,. or,gas'may be produced, and.:any and all-assignments thereof __ __ or interests. therein. ., e_ 14. Financing statement from Pave Kraus, debtor -,• - to'Poudre Valley National Bank of Fort Collins, secured _ party, filed July 21, 1966 as-document no. U-681, affecting _ f crops and fixtures in the West one-half of Section 16. _'.} 15. .Financing statementthe Larry and W.-Kraus. Darlene-J. Kraus, debtors, to Unitefromd States of America, _ Farmers Rome Administration,-.secured g cro -fInd.fixtures 1967 as document ro. U-6548, affecting crops fixtures in the West one-half of Section 16. • _... �... • • _. - _ - - 1/011 — '- • w'AR1923 01923405 04/13/83 c E A.225tMARY ANN FE:UERSTEIN CLERK & RECOn.;cR WELD CCU, C $33.00 1./011 O . 4g5- ...r_.I': lc � .i� B.-1003 -EEC 01435423 09/02/83 11 :59 _ AR1'135423 F 1282 MARY ANN FEUERSTEIN CLERK t; RECORDER WELD CO, CO . � THIS DEED,Made this - 29th day of December - , I - .' 1982 ,between Michael Guttersen; Henrietta L, Gutter- en,. and Michael- Furbuah; as co-personal representatives l; r.. - f the-estate of William-L. Vogler, - , of the County of - Weld - and State of Colo-- - ' tr rado,iofthefi)rstpart,and Michael Guttersen a d IntrtaWest • nk o' Greeley, as co-personal representatives o t e state pf ap -E. ,Vogler,, deceased, whose legal address Is - ; '`• - 705 1.4th.Street, Greeley, Colorado 80631, _ - {, of the County of Weld and State of Colorado,of the second _ part;' _ - 1, ` WI-TNESSETH,Th atthe'said ponies ofthe first part,fox and consideration•o the fpm of Ten Dollars and-other. valuable consideration to the said part ies of the first part,in hand paid by the said part ies -of the second part,the ! jreceipti_whereof ls-hereby confessed•and acknowledged,have granted,bargained, sold and con• y vane andbYthe seco dpart,o man. aassignlsforever all the followingdescrbed I party of the aecand uate,,�e sue g Cou t of Weld '` lot orpareel ei anii-situate lylnattsl bemgm t}e ?} Y l ' . and State ofcolorado towm } atta see ched Ekhi A and Exhibit B ji : also known as street and number-NJ?:,. _ u Tegether with a4snd singulartheJ.here.- - -- .nts¢nd appurtrnances thargu 1 e Belo sgrng�orin' ,^:- - anyW+se appertainil)g,.and;"the raverson and ,e:'eraion,, re ma)nde' aril rinand era, rents, , issues and profits thereof;and all the estate•right,title,interest claim and demand whatsoever,`. r of the said parttes of the first-part,either in law or equity of,in and to the above bargained - ,y�:V, premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said , premises above bargained and described,with the appurtenances,unto �h, ,, - - the said part ies of the second part, their - successors ; Viand assigns forever. - - - and asst ns v And the said. part •iesof the first part,forthemselves ,their successors NK19 and -?'•' grant,bargain and agree and with the said parties of the k. 4 .. - administrators,do Eoveornt, g ' • second part,theirb ri,ERR asqiigns, the above bargained remises in the quiet and peaceable it, ,,. laiilt`sc$tiers .� and every .( :�h._'�- - possession of said parties of the second part,their asagrt thereof bytithrough •or '- ._':: person or persons lawfully claiming oc to claim thewhole or any p >_ -' ' - under the said parties of the first partto WARRANT AND FOREVER DEFEND: , The said art ies of the first part have : hereunto set their IN WITNESS WHEREOF, p +_. -L,,•` hands and seals . the day and year first above written. 7 r'� /it �� t____ILEALI f Signed,Sealed and Delivered in the presence of V :: - - �o- • KEALI - •- l : ., _ STATE OF COLORADO, I _ }ss " - -County of Weld l - 9 c C d¢yot .ee„ ✓ li The foregoing instrument was acknowledged hefare me this of ' rte. tves by Michael Guttersen and Henrietta L. Guttersen, co-personal representLL 1-- a- f: w'x,. lives of the estate of William 1.. Vogler. 1„ °mss,. ,19 f� .Witness my hand and offici¢1 seal. My commission expires I))L,..-,0 ,9 sPIli(. NS(lE ��..°'.. - -td. , 7 Nr. n-n 'o,.rrrinr-c. • =ni�+ ,' tjOTAky . >.r r�' If.. UBu_ I c ; y9 . - .. F -_-.. B 0993 REC 0192 `S: 04/13/83. 11 :35' $33,00 ''''Oti ' F.-122fa MARY -ANN , _,:UERSTEIN CLERKd RECORDER WELD CO STATE OF NEVADA, ) - es. is County of Washoe - ` 23-The foregoing instrument was'acknowledged before me this 11 day of -- 14 • , by Michael Furbueh, as co-personal representative of the estate of G William L. Vogler. _ -7 My commission expires X02- 19�7 Witness my hand and _ - official seal. - - �, } a 61-€.4-c otary Public. " NANCY 1.VAUGNAN - - - EsaaU7 "";.Notar!Pumb-sleteofNevada \`40 j WaattE Counry g.. MyAppafntma if E+OMMYay lS.1 4 gag, r_ ;. oA -2 s 1 h= N 1003' REC .01935423_= 08//02/83 F -1283 MARYANN FEUERSTEIN„CLERK `& RECORDERrWELD CO_ CA - sti" • 4' Y fir11110 5 �P Via: _ iw d Ott fir:: rz 1 R 151;." - - - <_ '. v z - "B 1003 REC I X35423 -08/02/83 11 :59- 833.0 ` 3/011 - F 1284„MARY .N fEIERSTEIN CLERK & RECORDER WL_,i CO,. Co A '` B 0993 REC 01923405 04/13/83 15 :35 - $33.00 3/011 _ b - - • F 1227- MARY ANN FEUE.RSTEIN CLERK & RECORDER WELD CO, CO ` - - - P. EXHIBIT A - - ;. An undivided one-half- interest- in. and to the following . described real property: Baton Farm No. _11- - - - sq All that part of Section Nine (9), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, described as follows: ) Beginning at the Southeast`corner -o .s f aid ct Se on,z r t1 thence -in -a Westerly direction along. he Sou th .line_�of `said Section 1500"feet, thence North 26°35' Weet 864 ' feet, thence North 35°30' West 472 feet, thence North --- 27°35' West 205 feet, thence North 6°41' West 227 r feet, thence North45°00' West 425 feet, thence North ,,. :11000-!. .West .795 feet, thence South 89°40' -East 278 `y test, thence North 81°45' -East 1.05 feet, thence North 8°sss' West,1544 feet; thentce;Horth 3°50' west:,1-20 feet to oornei post NO.iiheast of-Sheep Stanch Rouse, thence ,, P , south-"84°50'.-west'369.6 teeth thence --North 130071 Wesi a- i 2- -feet, hence North 31°14! East 110_7 feet,' .. thence North 20°13' East .428 0 .feet, thence Norti y 40°36' East'.198.8 feet, thence North X19°07' East= 41.5 feet t'o North Section line of said section; thence i)t -t': an -°Easterl - direction along the North line- of •sail] Section=2590 feet }to the_Northeast: corner of said Se,ct:ion, :thence `in°:a. Southerly direction along the East line of said Section 5275 feet more o less to - oint -of begi-nnin=g.' Except a_parcel describedas follows: -,Beginning.at the Southeast cornea,of said A*; '- Section running thence North on the`.East line of said ti Section 226ti4, feet thence= South 89°34' West 378.9 feet, thence- South 26°40'-Easst 82 '8,,feet, -ih-ence'"Sooutili 4°25' a'c tt 144.1;:feet to :'the -South line- of sail] t Section,- thence East on the ,South line .ef said Section to the point of beginning, as conveyed to, school - District No. 108 in the County of Weld and State of '' Colorado by virtue of Quit Claim Deed recorded in Book 622 at Page 196 of the Weld County records. Except a parcel of land located in the Southeast corner of Section 9, described as follows: Beginning at the Southeast corner of said Section 9, thence North along the East line of said Section, 249 feet, thence West parallel to the South line of said Section, 352 feet, : - - - thence South parallel to the East line of said Section, 249 feet to the South line of said Section, thence East along said South line of said Section 9 to the place of beginning. Together with all right, title and interest of the grantor in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant to the above described land. Together with all right, title and interest of the grantor in and to all severed and reserved minerals . . . lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all ,z; ` 5 such severed and reserved minerals. ' t . . IT + 1a( r7. s , - B 1003 REC 01 5423 082/83 11 :59 *33'.00 ':. � F 1285 .MARY I'.. . FEUERSTEIN CLERK 6 RECORDER WEC.. -CO, £0. - - i . B 0993 REC 01923405 04/13/83 . 11 35 $33.00 4/011 - - • - - F 1228 MARY ANN FEUE.RSTEIN CLERK t, RECORDER WELD CO, CO FAtnn 'Arm No. 2t (32) , uthwest Quarter (SWl/4) of Section Thirty-two (32) , Township Seven (7) .North, Range Sixty-six (66) . West of the 6th P.M.,. Weld County, Colorado. Except a parcel of land 80 feet wide, the center line of which is described as follows: Beginning at a point on the West line of said Section. 32, 16 feet South of the west. Quarter Section corner common to the NW1/04 and: - SW1/4 of said Section, running thence South 89°18 East ox,„ca---distancezof 2691'.feet to_ a point on the: East;_boundary line. of the W1i2 of Said Secti=on 32, 2B feet' South bt the center of`-said`section, said strip of land,containing 4.95 acres, more or less, as con- veyed by instrument recorded in Book 289 at Page 337 of the Weld County records. Except a sight of way for: county road across,the 51/2 of-Section 32,=beginning= on' the North': side of. the present county road_30 feen_ n: the from m: point which is.343 5 feet Nortth 89°2' E = j. s;, from- the 81/4 ear-ner' of said section 32.-- From said_. A ` point of-begi 9 the -center.line-of the rightwof .way = extends North-62°26�West 37518 feet-to a point on the; --- -- line of the SWl/4 of said Section 32, -li'ence the` South -/- -cornet of_said Se-tion 32 Sears South 3°18'.` -- West 210 feet, thence,North 72°9'West 2415 feet, thence North 82°36' West 358 feet toe point on the ' ' ,_West- boundary of said Sectio• n,32, whence the Southwest --corner thereof bears South.:1911' West 1040'.5 feet._ 3 - Sail} night..-of way. is.60 feet wide, the same being r = 30 "feet on=each side of .the -center line as above` - described, and.contains 4..3: acres, more"or 'less, as conveyed to-;:the County Commissioners"of Weld County.by virtue of- Quit Clai rDeed recorded in Book 373, Page 1491of=the"Weld'County-records Except a parcel described as €ollows: Beginning at a % point the North' and South 1/2 sectionfline of Section 32, 270 feet North of the South 1/4 corner of said Section said point being located on the North side of the County road right of way. Thence along the North side of said County road tight of way on the following course, North 72°D9'- West 2019 feet to the East bank of the Woods Lake Reservoir Inlet, thence ;" along said East bank of the woods Lake Reservoir Inlet on the following courses; North it°35' -East 132 feet, • thence.North 28°10' East 451 feet, thence North -11°35''. hw} East 360 feet, thence North 0°15' East 260 feet, �, thence North 16°48' West 610 feet to the South side of the Great Western Railroad right of way, thence North 88°50 ' East along said South side of Great Western ul Railroad right of way, 1804 feet to the North and - - - South 1/2 section line of said Section, thence in a a, __ contain- Southerly direction along said 1/2 section line 2330 feet, more of less, to a point of beginning, contain- , � ing 83.6 acres, more or less, as conveyed. by Warranty ,if�ax Deed recorded. in Book 512,-.at Page 261 of the Weld --,, ? - - County records. Except a parcel of land 60. feet in width, being 30 feet measured at right angles on each ' y 1'�,r - side of the following described centerline Beginning r - •_ - at a point on a curve left whose. radius is 669 feet, . '� � - - -ri said point being 6 .7 feet North of the Southwest f3 :. corner of Section 32 and 90 .3 feet from the point of , m , 4•.,c-r--1,' curve which lies 90.3 feet Westerly on said curve from ti ,,c,4', l• • said section corner, running thence Northeasterly on FEx said curve to the left whose radius is 669 feet, a �' • .01J-19-ti- 50 distance of 459 feet, thence on a tangent. North 430 y-,-.4. East, a distance of 2 feet, thence Easterly on a ': ' curve to the right,- whose radius is 846 feet a •,6r� R ,...#4,411 ' Sii� .qn. _2 i� 1` � _ B 1003 REC 01935423 '02/93 11 :39 $33.00 3/041 -.. . F. 1206 MARY ANN=FEUER. .IN CLERK 6 RECORDER WELD CO. C0/ ' B 0993 REC 01923405 04/13/83 11 :35 $33.00 51 F 7229 MARY ANN FEUERSTEIN CLERK. 6 RECORDER WELD CO/:° 0 C distance of 972 feet to a point in the center of the county road.as now constructed, containing 2.3 acres, # ; more or less, as conveyed to Weld County, Colorado, by virtue of Quit Claim Deed recorded in Book 1012, at Page 470 of the Weld County records. • The Southeast Quarter (SE1/4) of Section Thirty-one. (31), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. Except a • strip of land 20 feet wide for right of way for the Eaton s McClellan ditch as conveyed by Quit Claim Deed = recorded i.n,$,Boob X12; at Page 24 of_the Weld county; Records Bxcept•a strip of-lend 611;`;feet tin width a>f described North side!of "'the'SEl/4 of! Section:'31•, and. described as follows: Beginning at the East quarter corner of said Section 31, running thence West on the half section line 2638 feet, more ,or less, to the center` 1fi said,Section,. running thence'South:6P feet, i-, .:thence running East,-upon a line 6,O.-feet South'of and parallel to-;the aforesaid half ction line 2638 feet gc more,or less, to theEast line of said Section, then gc "running' NNortls-on the section_-line 0 eet to; i of beginning, as conv`eyed(by instrument. recorded'rill . Hoak 22i, at Page P. of the Weld-County Records. _ Except a strip of ,land kb feat"wide along. he West side of the.551/4 -of Section 31 for, -private road.as ; conveyed byQuit Claim Deed recorded in"Book 114, `at "Page 129-of?; the Weld County`.records. .- And all .of-,grantor'-s right,-`title c--.s. nd,.---.::', 21:._, interest in and �� to 'those lands 'more `fully described in-Book-1012r at Pa,ge 44 of. the records of Weld County, Colorado? �y Together.,with all right, title-and interest-of grantor " '_ in any land and any portions,of=Wood Reservoir located � ; on the South -of the Southerly boundary. line'of th'e r' County Raad right of way in the S1/2 of the 51/2 of Section 32, Township 7 North, Range'66 West. Together with any and all interest of grantor in any inlet or outlet ditches, seepage ditches or drain ditches appurtenant to or used in connection with Wood- Reservoir and Angel Lake. - - - Together with all right, title and interest of grantor �r in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irri- gation andwell rights appurtenant to the above described land. Together with all right, title and interest of grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all- executive rights relating to all such severed and reserved minerals. s. Eaton Farms Nos. 12-J7, Inclusive.' Township 6 "North. Rance 66 West of the 6th P.M. : ect;on a All that part of said Section 9 lying westerly of a line described as follows: Beginning at a point on the South line of sa id 3755 .5 feet Easterly from the Southwest corner thereof, which point is on the Easterly bank of a seepage ditch; thence North 26°35' West, 864 feet; thence North 35°30' West, • 3 • B 1003' REC 01935423 08,, X83 11 :54 433.00 - 6/911 _ F 1287 MARY ANN FEurRSTEiN CLERK &'RECORDER WELD CO, CO B 0993 EEC 01923405 04/13/83 11 :35 $33.00 b/011 - - - F 1230 NARY ANN FEUERSTEIN {;L.F!:RK h RECORDER-.'WELD CO. CO 472 feet; thence North 27°35' West, 205 feet; thence North 6°41'. West, 227 Peet: thence North 45° West, 425 feet; thence North 11° West, 795 feet; thence South .89°40' East, 278 feet; thence North 81°45' East, 105 feet thence North 8°55' West, 1544' feet; thence North 3°50' West, 120` feet; thence.South 84°SOS West, 169.6 feet; thence North 13°07' West, 132.5 feet; thence North 3T°14' East, 110.7. feet; thence North 2.0°13'. East 428 feet; thence' North 40°16' East, = 18.8.4feet; thence North 49°07' East, 41 5 €eet to a oint on the North line of said Section ,,. Section -16: , All that part of the 551/4 lying Northerly and Westerly of the Number 2 Ditch of The.. New Cashe la Poudre Irrigation Canny as the same existed on Apral '_ 29, 1905 . EXCEI"i any Part thereof 1_ying�Southe 1y and rs - steely of said Dit'�ih as the. ame etti ed o;n April 11, 1 66; i N1/2NE1/4, SWI/4NES.r+ii,W1/'2f EXCEPT that portion o€ the Nl/2 conveyed to Peter Lauszdsen-by deed .recorded r in.Boo i91.a Page 3 , and EXCEPT that portion of the SW1/4 conveyed to Weld County by deed ecorded rn k`` Book,1,348 at�_Page, 5031= , _ All that part Af the following described- tract Tying within the SEl/4 iEi/4, to-wit Beginning at the `` Northheas :corner of =::said Section 1b,r thence,.South along;the"East line of said:Section 2126,4 :feet; thence. North. " est, 33 feet; thence West 87 feet to a':point of intersection with a seepage ., ditch'z: the TRUE POINT OF. BEGINNING,, thence=North _ 33°49� West, Png 'said seepage ditc , .883.3= feat, thence= South -84°44' West,. 7l £eetrto ateral -ditch, .�- thence South'1°7 ' East, along said of' theteal._'ditch, 742 feet to a point`on 'the North line `of' the umber 2 Ditch of The New Cache la Poudre Irrigation Company; thence, along said ditch line, South 86°56' East, 405.6 feet, and South 79°35' Fast, 550 feet, and North 57 °12 ' East, 250 .4 feet to the True Point of Beginning. section 17: -All that part of the S1/2 lying Northerly of a line described as follows:- Beginning at a pointon the west line of said.-Section which' is 1297 .3 feet Southerly from the Weat one-quarter corner thereof; thence North 80°6 ' East, 230 feet to a point on the North line of the Number 2 Ditchof The -New Cache la - i" 777.7 Poudre- Irrigation Company; thence, along said -North -ditch line, North 81°14' East,' 630 feet and North. - 83°48' East, 552 feet; thence South 43°40 ' East, 112.5 feet to a point on- the South line of said ditch; - thence, along said South ditch line, as follows: North 60°35' East, 92 feet; - - a'' North 70°34' East, 490 feet; 7,-.4,.: South 65°44' East, 210 feet; South 82°14' East, 265 feet; '-m r'r r5::: North 86°43' East, 146 feet; �' ' B 1003 RFC( 935423 09/02/83 11 :59 433.' 7/011 F 1288 MAR\ ANN FEUERSTEIN CLERK -& RECORDER 1.__ D- CO, CO- • P 0993 REC 01923405 04/13/83 11.:35 $33.00 7/011 - - - F 1231 MARY ANN FEUERSTEIN CLERK- & RECORDER WELD CO, CO - North 71°24' East, 258 feet; South 64°13' East, 150 feet; South 34°12' East, 650 feet; • South 51°20' East, 125 feet; South 7,0°3' East, 175 feet; North 89°56' East, 640 feet, North -72°48' East, 225 :feet; North 58°3' East, 200 feet; . 'North 31°14' East, 170 feet, N th 60x35' East, 210 feet, Salath 44° 0' East,. i45-feet south 26°241 East, 200 feet; and Routh 32°48' Ea t , 270 Meet-to a iint vn the East line of said •beet ion which is 675 feet, mare "ox. less, Northerly fram the Southeast .:corner=thereof; All that part" of ;lie N]/2 lying Southerly and Easterly of a-'line described as follows: 'Beginnin :at the pout of intersec ion of the_West lips of a lateral ditch with=the:North'line of`said ,Section Which point" is--.2612:-feet, mime or-.Mess, ,westerly from the Nor heart corner.;thereof; thence, along the:Westerly= . and '>Northerly lines of said <lat`eral ditch, as follows: South 26°28' West, 340 feet; South 12°55' West, 220 feet; • South 1°23' East, 500 feet; • South 9°15' West, 140 feet; South 43°49' West, 100 feet; South 59°49' West, 130 feet; South 18°05' West, 150 feet'; South 22°16' West, 350 feet;.- South 14°24' West, 150 feet;. South 1°05' East, 170 feet; s. • South 8°41' East, 450 feet; -- South 31°31' West, 50 feet; North 75°11' West, 420 feet; South 83°41' West, 300 feet; - - - :' North 66°03' West, 320 feet; • 8 10Q3 REC 935423 08/02/83 11 :59 433.. 8/011 - F 1289' MARY ANN FEUERSTEIN CLERK A .RECORDER WELD C8,, CO ' • B0993. REC01923405 -04/13/83 11:35 $33.00 8/011 F 1232 MARY ANN- FEUERSTEIN CLERK- A RECORDER WELD CO, CO "e. North 56°33' West, 380 feet; and : North 83°11' west, 815.8 feet to a point on the West Tine of said Section which is 641 feet, 8' more .or less,' Northerly' from the West, one- - - -<7a, quarter corner thereof. Together with all water, water rights and water privi- leges, all reservoirs, reservoir rights and reservoir prvilegea; and pumping plants and easements or rights - sif way lac the foregoing, and all enlargements and exten8t0 Ye • ere`of, ppurtetcant to or itr anyi ay Li -belonging-'to 'or -used on:=tote a 5641.6 escr`ibed property, 1. including, but 'not limited ,to the following water _ stock: . -30 ,shares in The Latimer & Weld Irrigation I__ con.: 600 shares in. the Divide Canal & Reservoir Co., and l.0&0 shares in_-Wood Lake- Mutual -Wet er. & *.: trigati.on, ,toga he -with al. wells, pumps an@ §. egnip�do *- if any,�p sently located.on said pr-operty ri".- .'ter 3 ,,,.e fi R ,: That par. -`t a Southwes=t Sluartet t&(l/4) oaf ,the _ Seutheat-',":",i3 uarter iSEl/ _,of Section Si*teen (16) . township Six (6) North of Image S-ixty-Si! (66) West of c t ie sixth,.Principal Miridian, lying South trod st Ea of the No2.:C. anal'and West. Of the East'Devotie 'Lateral. situate" its County of weld and State of, Colorado i.` Together with allright, title and'=interest of grantor a i. i'n and 'to_all severed and-,-reserved minerals lying in. y,. on, or:tit her such° lands, whether leased_or' unlea`sed, c? and all e`xecutive` rights relating°to all such severed '' and.reserved-minerals. � Anton Rarmc Nnrt: 1A and I t The Northeast Quarter (NPlf4) of Section- fight (8) , Township -Six (6) Nca;th, :Range Sixty-six (66) West-of _ -- ',e. the 6th P.M., Weld County, Colorado, containing _ 160.79 acres, more or less. to ' The East Half of the Southeast Quarter (El/2SE1/4) of Section Eight (8) , Township Six (6) North, Range sixty-six (66) West of the 6th P.M. , Weld County, Colorado. Except a parcel described as follows: Beginning at a point on the West line of said El/2 of the SE1/4, 540.6 feet Northerly from the Southeast corner thereof, thence North 1°23 ' East 2031.3 feet x �n3 along the West line of said E1/2 of the SE1/4, thence - `;. South 21°53' East 107 .2 feet, thence South 24°51' East 215 .4 feet, thence South 23°01 ' East 106.1 feet, ,. thence South 18°16 ' East 106 .3 feet, thence South' � 15°38' East 108.0 feet, thence South 21°27 ' East 105 .5 feet, thence South 23°38' East 106.0 feet, - "' thence South 11° 26 ' East 106.2 feet, thence South - - 7°39' Eant 105.4 feet, thence South 13°21' East 106.0 �` � feet, thence South 15'13' East 419.1 feet, thence -' ;I , South 6°12' East 104.4 feet, thence South 11°25' West 113.0 feet, thence South 32°24' West 79.3 feet, thence :1; South 37°01 ' West 166.8 feet, thence South 66°24' West `4 . ; - -120.0 feet, thence South 77°46' West 278.1 feet to the 11 a place of beginning, as conveyed by virtue of Warranty r ;gas; - Deed recorded in Pook .1156, at Page 601 of the Weld )"',: County Records. 1,:. All that part of tie West Half of the Southeast ',In Quarter (W1/2 SE1/4) of Section Eight (8) , Townships F. Six (6) North, Range Sixty-six (66) West of the 6th P. M. , described as follows: Beginning at the yak,: �§�✓y B 1003 REC 01939423 x8/02/03 11 :59 $33.00 9/01, F 1290 MARY ANN FEUERSTEIN CLERK &.RECORDER WELD CO, CO D0993 REC 01923405 04/1.3/83 1.1 :35 $33.00 9/011 F 1233 MARY ANN FEUERSTEIN CLERK -& RECORDER WELD CC, CO Southeast corner of said W1/2 of the SE1/4, thence West 399.1 feet along the South line thereof, thence North 22.5 feet to a point on the North line of the County road, thence North 39°30' East 57.9 feet, thence North'28°03'':East 47.0 feet, thence 19°10' East 65.0 feet, thence North 100051 East 91.0 feet, thence North 27°23' East 63.0 feet, thence North 39°52' East 100.0 feet, thence North 48°36' East 72.0 feet, thence North 59°36' East 55.0 feet,.thence North 71°15' East 128.0 feet, thence South 1°23' West 509.1 feet to the place of beginning, containing 3.3 acres, Cora or _ less." A parcel of land in the Wl/2 of the SE1/4 of Section 8, Township 6 North, Range 66 West of the 6th P.14., Weld County, Colorado, described as follows: Beginning at the Northeast corner of said W1/2 of the SEX/4, thence South l°23' west 65.0 feet„ thence-North- 26°32' west 72.9 -feet to a point on theUorth line of the wl/2` of SEl/4, =thence East 3A 1 feet to the place of beginning, containing ..025 awes more or less. A11 that part o£ the Northwest 4uarterNPiI/4i of Section -,Light -t8'a Townsh€p Six ` Y North, Range° t Sixty-six (66) West of 'the 6th P.M., Weld County, Colorado, described at follows: Beginning at .the , Northwest corner a1" said Section 8, .thence in a: southerly direction along the West section _line of said:Section•1320 foot to the Southwest"corner of the Nl/2 of the NNk/4 of-said ,Section, -thence North 88°22' East 153,0 feet along "the bank o£ present dividing lat aral`. of said N1/2 of the"NW114"of said Section, thence South 45° ` East 660 feet to a large cottonwood tree on the North -bank of present=constructed" lateral,' thence South 60°50' East 655,,feet, thence South 19°37' East 297 feet to a point on North and South,Half sac tion line of said section, thence in a Northerly direction along said North and South Half section line 2425 feet, more or less, to the North quarter corner of said Section, thence in a Westerly direction along the North section line of said Section 2655 feet, more or less, to the point of beginning, containing 93.95 acres, more or less. Together with all water, water rights, ditches and ditch rights, seepage, irrigation and well rights ai appurtenant to all of the above described land, including without limiting the generality of the fore- going, the exclusive right to all hunting, fishing and other recreational privileges upon Myers Lake, with full enjoyment thereof; together with the reservoir known as Myers Lake and the appropriations of water therefor. (except to the extent that rights in Myers Lake and the appropriations theref or are appurtenant to Parcels numbered twelve (12) through seventeen (17) inclusive, twenty-one (21) and twenty-two (22) as they are described in that certain deed recorded in Book 1476, Page 558, Weld County records) . Together with all right, title, and interest of grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all such severed and reserved minerals. Er r,. B 1003 REC 01935423 08%02/83 11 :59 $33.00 10/011 F 1291 MARY ANN FEUERSTEIN CLERK & RECORDER WELDCO,-CO - 8 0993 REC 01923405 04/13/113 11-:35 $33.00 10/011 _ • F 1234 MARY ANN FEUERSTEIN CLERK-. RECORDER WELD CO, CO - . - - - Apt-nn Farm No. 22 All of Section 5, Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado, together with the "Wood Reservoir" located upon a portion of said Section 5; except right-of-way as granted by contract recorded in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded in .Book 1259, Page 44, Weld.County records, and except reaervatiOns as -contained ate in Pnts recorded in Bo i 36, Rage--393 rand in ' k}1 -Page 4R, endV 3 Deed recordedd in BOok 112, Pagee+ 569,,. weld County^ records. 4 Together with all tight, title and interest of grantor fa and to any land# and and. portion of Wood Reservoir ling South of the southerly boundary 1,ine of the Coons A �₹ t w in the 5112 of the 51 2 mf a S t n 2 r w No one 6 West Togetbex t r Th stti� InveStare t' 4mEt ny head Rafet. and-ditch eytend .flr tie Larimer and Weld same to igqrAWood Rest roir-,� d the same,is now.Socated, the ditch being partially descr ben ;l deeds o€ record ,pis the County 'af-' Weld, 'skate;o Colorado, as follows Book 373, at Page `351 and Book 414, at 'Page 57; -ge-tber_wtih -tfiat caxtazn Fesetyoir known- slid de,scr��d.as Angtrl='Laker -situate upon'a portion of the , 8 114 ;;:if tion ownship7 North, R lge 66 West = of-the 6 -P.M ; s gether:w,ith Waod Reservoir Priority No. 30 as 'of the date of:December 22, 1892, wood'Reservoir Priority No �4 'as".of" thecdate 'of October 15.1903; w od :r Reservoir-'Re.f.ill'Priority`,No. 136! •as of. the date December 31, 1916; 'said priorities heretofore decreed -- in Civil Action No. 1591, in the District Court in and for Larimer County, Colorado, and Civil Action No -11217, in the District Court in and for Larimer County, Colorado; Angel Lake Reservoir Priority Priority 136B1 and Refill P y No. 136D entered in Civil Action No. 11217, in the District Court in and for Larimer County, Colorado; Together with all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights ; appurtenant to the above described lands, lake and reservoir, including without limiting the generality of the foregoing, grantor's interest in seepage water and ditch rights from the Daisy seepage ditch, and the exclusive right to all hunting, fishing, boating and ` all recreational privileges on said Wood Reservoir and Angel Lake, with full enjoyment thereof; Together with all right, title, and interest of `;' grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all such severed and reserved minerals. - tir 4aM sill,. • B1003 REC 01934423 ""09/02/83 11 .49 .433.00 15/OCO - - F" 1292 MARY ANN FEUERSTEIN CLERK"B .RECORDER WELD CO,. CO "B 0993. REC 01923405 04/53/93 11 :34 433.00 11/01.1" F 1235 MARYANN FEUERSTEIN CLERK RECORDER WELD CO, CO EXHIBIT B An undivided one-half" interest in and to Lot 8", Block 6," ?; Second Addition to Wilshire, a subdivision of a part of the NE'NWP .°4-'Section 12, Township S North, Range 66 West .of t e 61=h P M . acCO ding -'to the recorded.:-chap or plat thes`sof, a150 kflow `435 30th v nu`e G.',.r y, Colorado. y 4 r € v . a if Y. • 4: Y - - - , r -133.00 -- 1/011 Recur H O9 fiEC 019- 1906 04/1;IYli 3 11 :3� i AN 19d�4Qb a act,- F ; , UNARY ANN FEUEh1TEIN CLERK „I FE( ,ii_bb)FR WELD CH. CO J RF.l f1RItF:WS STAMP THIS DEED,Made this 29 th dayof. December _ - - " I�j 19 82 ,between Michael- Guttersen, Henrietta,L. Gutter- sea, and Michael Forbush, as co-personal.representatives of the estate of William L. Vogler, - _ of the - County of Weld and State of Colo - - - p —:` rado,of the first part,and *iichaeJ, Guttersen.and IntraWest - - Bank of Greeley, as trustees u w of William I. Vogler, - - - - whoselegaladdressig- 705 14th Street, Greeley, Colorado- 80631: - - - of the - - - County of Weld _ and State of Colorado of the second — Cart - - ,N 117'd )'1. xrETISs TMRt't4: 4iid'part ies of-t-he4irstpart for andh(i conssderg#lon ofthe-sdtn 'fell Dollars'and other valuabhe consideration, ' j; to the said parties of the first part,in hand paid by the said part ies of the second part,the receipt whereof-is-hereby-confessed and acknowledged, have granted, bargained, sold and con- - veyed and hay these presents do -grant,'bargain,,sell,convey add confirm unto the_said - t, .,I- part4es ;=o2'the-ser=fjjIIIIcond part,their suerl iid.asslgnsforevl-ali the fotlowsnrdescrthed r� Tots.,orilarcels a€')aSl.dxs)Luatas-1ythg andf`beitirti the , 4:,,tits of Weld `' an,:kiA c go10P•43lt€�Wls _ x ' ar z / t is -alt„„.„,td.ka rt 11— _ - ,, end Exit lri.t 39 _ - _ r' alno known trs Street aaltTrumher N/A - - - - i Tot.ett'erwith all and alnysulrr the hereditaments and appurtenances thereunto bclongtng orin, __ � a31yw15e'iCp(lert¢In mg;_auil,'the-t'e VL'TAieR 3pd'reVer'1T011$ M ¢r dhJ Yl+%liltllife l'R�rent3, - 'issuesand profits thereof and all-the estate,right,title,interest clail,n and dem and'whatsoever, "= w F of the said part ies r�ofthe first part-•either,in law or equity, of,,t1'"and to the above bargained 'r _ - jrremises, with the hureditaments and-appurtenances; TO HAVE AND TO HOLD the said-,rt- premises above bargained and described,with the appurtenances.Unto I` - successors' - - the said part ies of the second part, their ibafixaand assigns forever. - - - - "" And the said - - - and assigns parties of the first part-fo:thelmel yes ,-their successorstiotin7ic2X'O4id XLaa(Xk •mdmffirtsxhcxs,do covenant grant bargain and agree to and with the s.I part ies of the .; e � ' second part, theirHiilx +fit slKns, the above bargained ,remises in the quiet and peaceable possession of said parties - of the second part,their cc snn,f?assigns, against alt and every - - person or persons lawfully claiming or to claim the whole or any part thereof, by, through ur e - - under the said part ies - of the first part to WARRANT AND FOREVER DEFEND. 4. vi - - IN WITNESS WHEREOF,The said parties-. of the first part have - hereunto set their -hands and seals the day and year first above written. - '' Signed,Sealed and Delivered in the presence of (x:i -}SEAL) i .a` 1i✓ --�^ i! ISEALI 34 - STATE OF C01,0HADO, L ` County of Weld - } - • C} to The foregoing inetR,wont was acknowledged be fore methiv ynf � ' t yob, by Michael Guttersen and Henrietta L. (1,ttersen,as co-personas representa- 5 tives of the estate of William L. Vogler. ,Wc t My ownMission expires 71,'2,.al _. `' .Witnesx m) hand and official seal. i'ilt' c Ivll,ll. it IGLUL'an.),,. .- - a .... .. liypTAI • r ; • a 0 =i19ti'3 RE Di'7C3aOo „V-1 3JR3 1 3'i - 633.00 - - F 3.23r tlrl tiY ANN FEUEHX'TK;• 1N Ct..E. h R[COFUER WEEP CO, CO STATE 0F_rNEVADA, )'` ) as. County of Washoe - )' 41_,A., // •The foregoing-instrument was acknowledged-before me thi - day of`Lciicrc..caA 19 33 by Michael Furbush, ..as co-personal representative of the' estate of` �/f William L. Vogler.- - - My cotmoission expires v.-a:7 �-4-�i z. - 19 4 '1 Witness my hand and - official seal. �/ - - - - otaxys ,: 'A k t. Y wi l dP1/i4o tI�uMMaw� � !�� !� it - NAN1',t VAU(,HAii' r --7., • _: is - Notary Pubfle-Slate&Nevaoe _ Washoe county ,. - -- ,- -. - - : 7y Appointment Exp/rogMaY17.1984 .#,a S' r_. t '1..#S-4 sere-"•, > 3 _. `. �t it. • • I. LI: B 0993 RFC 019234(0 : 04/13/n3- Ii .i5 4.13,00 3/011 F 1230 MARY :ANN FEUJE:kSTEIN II t::RK t. :RECORDER WELD CO, ,CO. EXHIBIT A - An undivided one-half interest in and to the following , described real property: Paton rum No. 11 All that part of Section Nine (9), Township Six (6) North, Range sixty-six (66) West of the 6th P.M., Weld County, Colorado, described as follows: . Fs Be<l cnfng *ati th₹ Sn heost.. orner`of said : action, khenoe a3i a westerly dire ition alone .the' Soutfr lime of said Section 1500 feet, thence North 26°35' West 864 feet, thence North 35°30' West 472 feet, thence North • 27°35' West 205 feet, thence North 6°41' West 227 feet, thence ,Northx45°O0' West 425 feet, _thence North-- n 11°00' West 79 feet, thence south` 9°4D' East 2.78 e thenc No nE;R:v 1 East 105 .feet, thence North, to core .�t-3 theast.of.Sheep Ranch House, thence; .south-8qe50-' West :16 E fact, thence 7orth "13'077 West; 13-2.55 1 et, nce_i orth_ 33.°14' East. 1.10 7 ..feet,. _ thence Nor�t r 20°13 t Fasts 928 9 feet,` thence Nor kb._ "East 3 $ fe,et, thence North`49°07' East 41.5 fee't=to Nor't tiSection line, of said Section;, thence in r an £a terly.directi'on alon@-r the Notth Line.-of said` - ' action 500 fe ti to th `Northeast=corner of said Section, thence inn Southerly direction along the_ s; fast ling ;said &€c.ton 52__75 feet more or'less to= ;' poifit. o� bezli-�rn�.rtg ' 'Except' a parcel described as= follows Beginning et the Southeast corner of said; Sectionjr-unn n""gthen_ce North on/the East line of said` Seio ctn q,226 feet,,jrthence__South .89°,34' West 378_.9_ :feet, thence South'25°40'"East 82.8 feet, thence South 211' '171 4°25'°East ,144.). feet to the south line of said; Peet-ion,—thence East on the South line of said Section to the point of beginning, as conveyed to School- District No. 108 in the. County of. Weld and. State of Colorado by virtue of Quit Claim Deed recorded in Book 622 at Page 196 of the Weld County records. Except a parcel of land located in the Southeast corner of • > Section 9, described as follows: Beginning at the Southeast corner of said Section 9, thence North along 7 the. East line of said Section', 249 feet, thence West parallel tti the South line of said Section, 352 feet, thence South parallel to the East line of said Section, 249 feet to the south line of said Section, ` thence Fast along said South line of said Section 9 to the place of beginning. - '_ Together with all right, title and interest of the grantor in and to all water, water rights, ditches and -• ; . ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant to the above described land. Together with all right, title and interest of the grantor in and to all severed and reserved minerals l • ying in, on, or under such lands, whether leased or- .c4'. unleased, and all executive rights relating to all such severed and reserved minerals. ay� Ii 0993 kU 0%':r;,p(:1b 04/13:1:33. 11 ::35 $33.00 4/011 - '*:�. F -1239 MARY ANN FFFUFP.CrEEN (,I.F..RK t RECORDER WELD CO, CO EM-on Farm No. 21 The Southwest Quarter (SWl/4) of Section Thirty-two (32) , Township Seven. (7) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. Except a - - • parcel of land 80 feet wide, the center line of which is described as follows: Beginning at a point on the West line of said Section 32, 16 feet South of the West Quarter Section corner common to the NW1/4 and SW1/4 of said. Section, running thence South 89°18' East for a distance of 2697 feet to a point on the East boundary line _of the W1/2 of said Section 32, :28 feet ;South of the copier ;of, aaad ,cec*xen said strip.` or land containing 4.95 acres, more or less,'?as cob veyed by inst±ument ,;recorded'=in Hook` 389 at Page 337'' ._., of the Weld County records. Except a right of way for county road across the S1/2 of Section 32, beginning • on the North side of the present county .;road 30 feet North from-a ::=point-which is -:343 5 feet-North from 'the Sl/4 corner:of said Section 32 From said point o€ beginning the me ine of,-_the right of way . h : z exx'te`rt� x � ` 'West 375.8 feet to a point on- tha M Facet, 13n3r of th �SW114 0₹ said Section 32, thence th€ duth lsrna f said Sec ion 2, p sis Bout 3°18', - .n• west-28 f-ec-t, theice North 2°9'• West 241 feet,, theca No h 82°3'6`__West 358 feet to a point on the West bon It arxi of said Section 32, whence the Sou rawest corner.there,of bear °South'l°ll'' West 1040':-5 feet. " Said right of way' s 60 feet wide,= the same -being_ 0 feet on each side of`the-cente-r line as abovey- described,,,'and contains• 4.3=-acres, more or --less, as -. cpf,PO4 1a cc-,-tlj.,Countommi y Cssioners,o f Weld;county-by virtue of Quit` Claim Deed recorded:in Book 373; Page,:: 149' of=the Weld bounty records. Except a parcel described.as--:folly s _ Beginning at a< poant an the North =and South 1/2 section 'line of. Section 32, 270 feet_North-_of the South 1/4- corner of::. said Section said- point being located on the North • side of the Courry road right of way. Thence along the North side of said County road right of way on the following course, North 72°09' West 2019 feet to the East bank of the Woods Lake Reservoir Inlet, thence along said East bank of the Woods Lake Reservoir Inlet on the following courses; North-11°35' =East 132 feet, . . - thence North 28°10' East 451 feet, thence North 11°35! East 360 feet, thence North 0°15' East 260 feet, - thence North 16°48' West 610 feet to the South side of the Great Western Railroad right of way, thence North 88°50 ' East along said south side of Great Western Railroad right of way, 1804 feet to the Wort., and South 1/2 section line of said Section, thence in a Southerly .direction along said 1/2 section line 2330 _';' teet, more or less, to a point of beginning, contain- ing- - 83.6 acres, more or less, as conveyed by Warranty Deed recorded in Book 512, at Page 261 of the Weld County records. Except a parcel of land 60 feet in width, being 30 feet measured at right angles on each side of the following described centerline: Beginning at a point on a curve left whose radius is 669 feet, said point being 6 .7 feet North of the Southwest corner of Section 32 and 90 .3 feet from the point of curve which lies 90.3 feet Westerly on said curve from said section corner, running thence Northeasterly on said: curve to the left whose radius is 669 feet, a distance of 459 feet, thence on a tangent North 43° ,rte East, a distance of 250 feet, thence Easterly on a ru3 curve to the right, whose radius is 846 feet a VNe` n 0903 ';:::1. 04/1 5 11 00 5/011 F 1240 NARY ANN„F 1=.111 FP;IE IN CLERK c RECDRDER WEI..0 co, CO distance of 972 feet to a point in the center of the F : county road as now constructed, containing 2.3 acres, more or less, as conveyed to Weld County, Colorado, by virtue of Quit Claim Deed recorded in Book 1012, at Page 470 of the Weld County records. The Southeast Quarter (SE1/4) of Section Thirty-one (31) , Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. Except a " strip of land 20 feet wide for right of way for the Eaton & McClellan ditch as conveyed, by Quit Claim Deed recorded in Book 212, at Page 24 of the Weld County Records. Except a strip of,3and 60;.feet in:;width. off _ from the Nom'*h- ss of the SEl/4 0f Section 31, n3 described as follows Beginning, at the 'East quarter z cornr o 'said'Section' 31, ?running thence West on the half section line 2638 feet, more or less, to the center of said Section, .running thence South 60 feet, thence running East upon a line 60 feet South of and parallel to the aforesaid half section line 2638 Leer, more ..or less, to the East line of said Section, thence rui ntnsl 'Norte the -section line,60 feet to>the place 1 ' o€ beginning, asp c i"veyed. fry instrument recorded in• ook 221 t stt a lie e Coun Records Except a strip o€ a -16 ;feet wade along the, 47est =` side of they sE174 of Section 3,1.,for private road as < � cor veyc ii by'Quit lain Deedw recorded in'"Book ;114 r.a day 129, of the ,Weld Carun ' ieaords. "..Axic• ' And all of grantor's right, title and interest in and to :those.lands mor fully` described in Book 1012, Pa e. 449 Yz th:e records of.Weld County, Colorado.; Together with all right, title and interest of grantor in any land'-and any- pertions of Wood. Reservoir located on the South of the Southerly boundary line of the County Road--righ₹` o₹'way in the sl/2 of the'S1/2 of as` Scotian 32,:_ Township 7 North;.:Rang-e-..66-West. _ Together with any and all interest' of grantor in any inlet or outlet -ditches,'seepage- ditches or drain ditches appurtenant to or used in connection with Wood Reservoir and Angel Lake. Together with all right, title and interest of grantor in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irri- , , , gation and well rights appurtenant to the above . described land. - - - Together with all right, title and interest of grantor in and to all severed and reserved minerals lying in, .,..,. on, or under such lands, whether leased or unleased, and all executive rights relating to all such severed and reserved minerals. Baton Fla.U0S Nos. 12-17. Inclusive Tcivnshie 6 North, Range 66 West of the 6th P.M. Section 9: All that part of said Section 9 lying Westerly of a • line described as follows: Beginning at a point on .# I . the South line of said Section, 3755.5 feet Easterly from. the.Southwest corner thereof, which point is on the Easterly bank of a seepage ditch; thence North- L ER:I . 26°35' West, 8.64 feet; thence North 35°30' West, A-fir+'• ki OV'9 NEC ,)7923 k)& c)4,i .&03 11 4 > F33.0(} „/0II 1195 NARY ANN FF111'uc1E IN CL.F RI< d WI UUNDFN WELD CB, CC) . 472 feet; thence North: 27°35' West, 205 feet, thence North 6°41' - West, 227 feet; thence. North 45° West, 425 feet; thence North 11° West, 795 feet; thence South.89°40' East, 278 feet; thence North 81°45' East, 105 feet thence North 8°55' West, 1544 feet;. thence - North 3°50' West, 120 feet; thence South 84°50' West, 169.6 feet; thence North 13°07 ' West; 132.5 feet; thence North 31°14' East, 110.7 feet; thence North 20°13 ' East, 428 feet; thence North 40°16 ' East, 198.8 feet; thence North 49°07' East, 41.5 feet to a ' point on the North line of said Section. ses;ti on+-16 , { AIri- that `part of the, SE1t4 lying Northerly, - d , ' " Westerly 'of the Number 2:Ditch of The New Cashe la x1. Poudre Irrigation Company as the same existed on April 29, 1905, EXCEPT any part thereof lying Southerly and -Easterly of -&ai-d .Ditch: as.the ,sam? eristed"en . , ▪ April 11 r 1966; ; ri N1,/2NE11 'SFI /4 N /4, 7./2, EXCEPT tiat portion.of - ` .` t the i1i/2 crnveye to 3'eter_ t1aur-idsehy deed recorded ° • in_'book - 'a1- ?age',3 5, and E.CEP '-Ehag. Iwr€ion of ; the `swl/ .-conveyed to Weld County,by-"deed,recorded in Book 13 8-at Page .5 ;3; s All, that 'part of the following described tract lying within the SE1/4NE1/4,` to wit: ,-Beginning at"-the =Northeast_-corner c.--- said Section- 16; thence South along the;.East .lne of said Section 2126.4 feet; .th=ence °"North ,6.3'41' Went, 133 feet I- thence West 87 "feet" to a point of intersection with 'a seepageTh `_ --ditch, the TRUE POINT OF: BicINNING; thence North _ ; 33°49 '. West, along said seepage ditch," 983.3 feet. thence_So nth-189°44'; West,-_,715 feet to a,lateial.ditch, thence South `l°7'. East, -along said lateral ditch, s. 742 feet to a:point on ,the;.North line of the Number ,2 _, Di_tch 'of The New Cache le Poudre Irrigation Company; thence, along said ditch line, South 86°56' East, 405.6 feet, and South 79°35' East, 550 feet, and North •y_ 57°12 ' East, 250 .4 feet to the True Point of Beginning. - s:,:. Section 17: • - - - - All that part of the 51/2 lying Northerly of aline - t described as follows: Beginning at a point on the _'' West line of said Section which is 1297 . feet .i.. Southerly from the West one-quarter corner thereof; thence North 80°6 ' East, 230 feet to a point on sty - North line of the Number 2 Ditch of. The Pew. Cache la Poudre Irrigation Company;- thence, along said North ;.: ditch line, North 81°14' East, 630 feet and North 83°48 ' East, 552 feet; thence South 43°4.0 ' East, 112.5 feet to a point on the- South line of said ditch; - _ thence,- along said South ditch line, `asfollows: . North 60°35' East, 92 feet; North 70°34' East, 490 . feet;- ,: South65°44'. East, 210 . feet; L,... South 82°14 ' East, 266 feet; �. North 86°43' East, 146 feet; -4- v. 8 0993 RFC 01` 73406 '04/93%63 1:1:35 $33.00 7/011 F 17'42 MARY ANN FFHFRN F[N CLERK t, RECORDER WELD CO, CO North 71°24' East, 258 feet;- South 64°13' East, I50 'feet; 34°12.! - East, 650 feet;. .south 51°20' East, 125feet; ^outh 70°3" East, 175 feet; North 89°56' East, 640 feet, fiiorth 2°48' `East, 225 feet North 58°3''East, 200. feet;.„`. k North 31°14'= East, 170 feet; North 60°35' .East, 210 fees: k, . cout -• �.°24' EaS't orfeet4 a Souti 2°48' East, 270 feet:to a po''int on tote • East line said Section which fs 675feet, more or' less, 'Northerly €rom' the'.Sou-thew t corner thereof:; All `that "part of'the'N1/2Tying Southerly and easterly of line described as_follows::. Beginning .at,-the _ z.. point of` intersection ,of the west.line of'a ,lateral - ditch with the.North line of said`Sectioniwhich point is.2612 feet, more or less, Westerly from the " " Northeast corner'thereofy thence, along the Westerly and o therly "i"nes ;a"id -lateral diteh ' as follows: South 26°28' West, 340 feet; ' �. South 12°55' West, 220 feet; South 1°21' East, 500 feet; South 9015! -West, 140 feet; South 43°49' West, 100 feet; - South 59°49' West, 130 'feet; South 18°05 ' West, 150 feet; 2, South 22°16' West, 350 feet; is South 14°24 ' West, 150 feet; South 1°05' East, 170 feet; South 8°41 ' East, 450 feet; South 31°31 ' West, 50 feet;_ North 75°11' West, 420 feet; South 83°41 West, 300 feet; North 66°03' .west, 320 feet; i N 099A REC Of92:ii0tf . 04/I 3/0.3 I I :3`> S3,, .00 0/011 " F i 743 MARY ANN FEUi'RSFEIN (:I FRH & RECORDER WE:L:D CO, CO North 56°33' West, 380 feet; and North 83°11' West, 815.8 feet to a point on the West line of said Section which is 641 feet, more or less, Northerly from the West -one quarter corner thereof. ti .. Together with all water, water rights and water privi leges, all reservoirs, reservoir rights and .reservoir privileges and pumping plants and easements or rights of way for the foregoing, and all,enlargements and extensions thereof appurtenant to or in--any way belonging to or used on the above described property, xnoluding, yhut n 3._i'fiii'te7 to thd*.fo-2"1owi Tg water stock: .30 s`h,are5 5 The Larimei `& Weld``Irrigation , Co. , 600 shares in the Divide Canal & Reservoir Co., and 1 .0:55 shares in Wood bake ,Mutual Water & ,Irrigation Co. , together with all wells, pumps and • equipment, if any presently located on said property Tha. cart .of the t tw€e narter (/4) o S`out"heast Quarter Y(S1?ll-4 of Section ,tte` 61 f. r 1 ▪ Tor nshir six 6 Mort of Range Sixtv4 ry Vie t of the >xth Princi a er.idian, 'p 3yxng youth an`ft Eaet ofs the_No: 2 Canal and='West of;the East'Devo`tie ;Lateral, situate in- ounty n£ Weld and tate f: col irado , Together with all 'fight, trtIe and interest :of grantor; in,and. to all severed and reserved minerals .lying in,, on, -or=under such lands, whether,-leased'or un-leased, w and all executi"e rights relating to_ all such severed'. -_ .: an �'�reservetY-mi₹te-rats, - - - );atoh farms Nos 18 and 79 fi ;The:Northeast Quartter ¢NMI/e) of Section Sight (8) , xY Township Six ('6) North, Range. Sixty-six (66) West of, • the' 6th P.M. Weld: County:; Colorado, containing 160.79 acres, more or less. The East Half of the Southeast Quarter (El/2SE1/4) of , Section Eight (8) , Township Six (6) North, Range MN4 Sixty-six (66) West of the 6th P.M. , Weld County, _^{" Colorado. --Except a parcel described as follows: Beginning at a point on the.West line of said b1/2 of the SEl/4, 540.6 feet Northerly from the Southeast corner thereof, thence North 1°23 ' East 2031.3 feet .,., along the West line of said E1/2 of the SE1/4, thence South 21°53' East 107 .2 feet, thence South 24°51' East W' 215 .4 feet, thence South 23°01 ' East 106.1 feet, - thence South 18°16 ' East 106.3 feet, thence South 15°38' East 108.0 feet, thence South 21°27' East 105.5 feet, thence South 23°38' East_ 106 .0feet, thence South 11° 26 ' East- 106.2 ..feet; thence South 7°39' East 105.4 feet, thence South 13°21' East 106.0 - -,/ `,::: feet, thence South 15°13 ' East 419.1 feet, thence South 6°12' East 104.4 feet, 'thence South 11°25' West. 4 113.0 feet, thence South :32°24' .west 79.3 feet, thence • South 37°01' West 166.8 feet, thence South 66°24' West 120.0 feet, thence .South 77°46' West 278.1 feet to the place of beginning, as conveyed by virtue of Warranty Deed recorded in Book 1156, at Page 601 of the Weld County Records. All that partof the West Half of the Southeast ° Quarter (W1/2 SE1/4) of Section Eight (8) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , described as follows: Beginning at the P 0993 .E1., 01923406 n4/1.3/113 11 :35, :.$33.00" 9/011.. :. F 1244. MARY ANNFEIIERS7EIN CLERK . RECORDER WFL:D CO,. 'C0 Southeast corner of said W1/2 of the SE1/4, thence West 399.1 feet along the South line thereof, thence North 22.5 feet to a point on the North line of the County road, thence North 39°30' East -57.9 feet, thence North 28°03' East 47.0 feet, thence 19°10' East ,, 65.0 feet, thence North 10°05' East 91.0 feet, thence North 27°23 ' East .63.0 feet, thence North 39°52' East 100.0 feet, thence North 48°36' East 72.0 feet, thence ,. North 59°36' East 55.0 feet, thence North 71°15' East 128.0 feet, thence South l°23' West 509.1 feet to the place of beginning, containing 3.3 acres, more or - 1;4. less. _A :'p'arcelf land-in, $the 31/2- 0£ the:SEIt4 =o£ Section ce-Acn8,-Town.11';li 6 North, Range 66 West of the-6th- owns P.M.-, Weld' County,: Colorado, described as follows: Beginning at the Northeast corner of said wl/2 of the SE1l4, thence Southzl°23' West 65.0 :feet, thence ,North " x [ 2 `32' West 72 9 eet to a 'point on the laocth lane of thi W1I2- of REl/-ice thence-East 34-i feet to t{te -place- of egannin ccntaarin9 025 acres mor o less c >Z r i rx mdl`•k � '� r _ a gl tha rt bf he— Nprt]viest ua.r eZ (M1/4� f Section Eight• 8 'Township Six (6'f North, Raange Sixty six _} 6} West of t#e-6{i .N , Weld County, Colorado, ' 9.ca ibed a+t-fol ows Beginning at. t'he _ Northwest :cancer o£.said Section"'8, thence in +a- . Southerly direction along the West 'section line o£ said Section 1320_feet_to tihe Southwest corner of the Nl/2 a£ 'the NWL'4 of said Section, 'thence Norti 68°22` _ East 1534 feet along the bank•of present dividing tat— e'ral 'of 'said"N1/2'of the^`NWS/4' o said Section, thence South-45°30" East X60 feetito`a; large'cottonwood" ree on the North bank of {resent constructed lateral., thence South 60°50'` East 655 feet, thence South l9°37' �e East 297" feet to 'a''point'on`No'rtTi' aid SoutEi':',Half'sec- " tion line -of said- Section, thence in a Northerly diroction along said North and South Half section line 2425 feet,-'more or less, to the North quarter corner of said Section, thence in a Westerly direction along the North section line of said Section 2655 feet, more Y,; or less, to thepoint of beginning, containing '• '.' 93.95 acres, more or less. • - .-s-: Together with all water, water rights, ditches and ' ditch rights, seepage, irrigation and well rights appurtenant to all of the above described land, including without limiting the generality of the fore- going, the exclusive right to all hunting, fishing and - other recreational privileges upon Myers Lake, with full enjoyment thereof; together with the reservoir known as Myers Lake and the appropriationsof water . therefor (except to the extent that rights in Myers Lake and the appropriations therefor are appurtenant to Parcels numbered twelve (12) through seventeen (17) inclusive, twenty-one (21) and twenty-two (22) as they are described in that certain deed recorded in Book 1476, Page 558, Weld County records) . Together with all right, title, and interest of - grantor in and to all revered anJ reserved minerals *x;` lying in, on, or under such lands, whether leased or - -iP5 unleased, and all executive rights relating to all such severed and reserved minerals. - '" • H 0' 93 RI t- ,l, ? ' -4:96 �)'4' i31''3 �� 1.1- 3 • <6S3_00 in/4f 1 F 1.:45 MARY ANN- FELLERS!ILIN CLERK ,N. RECORDER WELD -CO, CD la ten Et 41 in FL9._1 All of Section 5, Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado, together with the "Wood Reservoir" located upon a portion of said Section 5; except right-of-way as granted by contract recorded in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded in Book 1259, Page 48, Weld County records, and except reservations as contained in Patents recorded in Book 36, Page 393 and in Book 153, Page 40, and in Deed recorded in Book 112, Page 569, weld County records. Tog th r w�th,al s c�l4ty title aP nto ort `of ggrantox: ;r == in and to-a`ny=lands and any'-portion of• Wood Reservoir lying South of the Southerly boundary line of the County Road right of way in the S1/2 of the 51/2 of Section 32, Township 7 North, Range 66 West; Together wrtn -T} Fatan Investment com ny head gateF , and ditch extenxdi from the ar mer n Well ssam to Woof Rservoir' a same i now It dted, the ditch' ;. .° bexng { eE 133r era be 3tr. the- r n rnty ofW eld, t'ate pf Cc) or ado as follows. :_ Book"373, at 'le -f--and Book. 314, ak page 57, Together wt h that cerrrtai .reservoir known and r described-as Angel- Laker t ate upon a portion of the SE1/4 of Section 31, Township 7 North, Range 66•west, o₹ the '6' P. .�:; Togetner =with;Wood=Reservoir Priority No. 30 as of -c- date of Deceaber" 22, 1892; I?ood Reservoir Priority No. 54 as of .the date -o.f October 15, 1943; Wood Reservoir "Ref=ill Priority No 1361 as of the__date of• December 31';'�1916,`said�pr`iorities Theretofore -decree'tT` in Civil Action No. 1591, in the District Court in and for ::;Larimer County, Colorado, and Civil Action No 11217, in the District Court in and for .Larimer c County, Colorado; Angel Lake Reservoir Priority No. 136B1 and Refill Priority No. 136D entered in Civil Action No. 11217, in the .District Court in and for Larimer -County, Colorado; Together wsth all water, water rights, ditches: and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant to the above described lands, lake and reservoir, including without limiting the generality of the foregoing, grantor's interest in seepage water and ditch rights from the Daisy seepage ditch, and the exclusive right to all hunting, fishing,- boating.and all recreational privileges on said Wood Reservoir Anel Lake, with lull enjoyment thereof;. Together with all right, title, and interest of grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all such'severed -and reserved minerals. -8 • B 0993 RFC Of 97,140,5,: _0443/83 11 .35 11_3.3. .p0- 1 1/01 1 NARY ANN FEIaEKtiTE'IN-CLCRK & FF_CUFDcn WELD. CI7,.-C L7 -,1- - - EXHIBIT B An undivided one-half interest in and to Lot 8, Block 6, - s Second Addition to Wilshire, a subdivision of a part of- the NE4NW1/4 of Section 12, Township 5 North, Range66 West _- of tae 6th P.M. , according to the recorded map or plat - - thereof, also' known as 1035. 30th Avenue, Greeley, -Colorado. ' 9., • • r 425 83 AR)935425 , F 1295 MARYOANNgFEUERSTEIN/CLERK2A RECORDER WELD CO% CO ll -tr� RECORDER'S STAMP Tills DEED,Made this dl day" of \ - 18 83 ,between Michael Guttersen and IntraWest"-Bank of r Greeley, as trustees 13/W of William L. Vogler - - - - of the - County of Weld and.State of Colo- - • - rado,of the first part,and Guttersen S Company - - " whose legal address is. 705 Fourteenth Street, Greeley,. - Colorado 80631 - . _ - ofthe - - - -•-�Cour ty of 'Weld--- . .and State ofColorado,of thesecond _ • part ', i-.s t' gitegs T! That tflesaid nit l of'thefirst part.Xor nn'd inconsideration ofthe sttn . z, '''':'..e74.1TEN^COLLARS-AND tlT11 K VALUABLE=CONSIfiEEATION ----" ._ ,. ., _ __ _ - 1)eNare, - to the said parties of the first part,in hand paid by the said partyof the second part,the receipt whereof-is hereby Confessed and acknowledged,havegranted,bargained, sold and con-; ,' veyed. atid.bby thesepsresents do ,rant bargain sell,convey and confirm unto_the said hart -,ofthesocond'Ear•�t, , ,ts g c f n d assigns.orever,all t'he foNo*ing described g- -'�,,, -ld'f,'§ paFt gf}uadxsltiir3! ' tng_aritlbe#n6srYkhe� n yyOounYY,I l+'e'l,.d 4 ..a saw t'�''+ 5 ,.,-. ad-Sate9'f k' "ctowit~ , -�. ^ ` 'r nervy "? ' e- t II s See attached Exhibit A 1' _ lr _ ' also known as_street and nO mber M/A_ .; - -r '" _ 'i Together with all antisstngularthehereditamentsandappurtenancesthereuntobelongingform: - _ ,�_ anywise apyertaintng snd hit reversion-and reversions, remainder and remainders, rents, - issues d p anrofits thereof;andall.theestate,right,-title,interest claim and dergand whatsoeve ' _ 1 '1' of the said parties of the`first pant,either in law or equity,:of,in and-to the above-bargained.- - .ij premises, with the hereditaments -and appurtenances; TO HAVE AND TO-HOLD the:said' - ';' premises above bargained and described,with the appurtenances,unto i- the said.party of the second part, its Iisuccessors. - - - - ixtizirp and assigns forever, and assigns And the said - - 11' - parties of the first part,forthemselves- ; their successor t ngymtonoMeitr>%do Ceovenrsant,'grant,bargain and agree to and with the said party- of the a' second part, its nYina gffl8 assigns,the above bargainedgremises in the quiet and peaceable >x� - possession of said party- of the second part, its s txanrdsassigns,against all and every `1S : - person or persons lawfully claiming or to claim,the whole or any part thereof, by, through or ,ti' under the said parties of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said parties of the first part have hereunto set their , hand, and se ak the day and year first above written. //f / Signed,Sealed andDelivered in the presence of <' / -el -Gi ALl ichael - hers n f - - IntraWest Bank of Greeley ISEALI BY( ISEALi s `. STATE OF COLORADO, ' - 'lrus fficer 1.k ss. a,. - r County of Denver - s; The foregoing instrument was acknowledged before me-this� `aYo , ' - 19 B3 .bY Michael Guttersen and Conrad Grei rar Trucr Offirer C,1,91, ,'IntraWest Bank of GretLey, as trustees under the will of William L. Vogler. y-�y MY rnmmission expve+ `��Y� \S 119"1 19 1 .Witness my hand and officials al. M :MEET ... .t,"Y Yul,lit.} u''' _ .,,,C 29:'FIflSiEF pELAZA.p,y8335EYEEE4i t',L - ��A V ()ENVER.COLORADO 802',.2 i / 4-7r . .. : B 1003- REC 01938425 08/02/83 12:00 $27.00 2/009 - F 1296 MARY ANN FEUERSTEIN CLERK t. RECORDER WELD CO. CO a - EXHIBIT -A . . : An undivided one-half interest in and to the following described real property: FatOn Farm No. 11 All that part of. Section Nine (9) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., Weld „County,, Coloredo, described as follows: '� -1- :::,--,4„----,-,_4:,----' '- inrtinitatw.the Southeast corner of „&,aid Section a thedce,in a' westerly direction along the.Souf.2r line of ;;::.-.,•-_,-,:-„--.1_,L 1--;v'--,y _ _-'_ feet, D , ._. said 'Section-1500 feet, :.thence' North 26 35 WesNorth feet, thence North 35°30' West 472 feet, thence North 27°35' West 205 feet, thence North °41' West„6 227 feet, -thence North 45°00�_West 425 feet. thence North t, 11°00' west 795 '-feet, thence South 89„.44)- East ;278 �� fe'et:, thence North -81°45" Fast 105 feet, ,thence„nortb a °55' WOE 1.544 et, thug North Q Qf � .' to earner most Northeast of Sheep Ranch .House,, fitence +, South 84? t West 169.E feet, thence forth 13°07'. rest 5 132 5 feet, :thence tEorth 3i°14' East 110.7 d:eet. thence_ trth X0°13' East 428.0 feet, -thence North -:r =40016'.'Hast_198.8 Feet, -thence North 49°07' East 41 S :, feet to'North,section, line of said Section; thence in an Easterly direction along the North line of "said Section-2500 feet to the =Northeast`-corner of :said Section% thence;in a sor"utherly-direction along. the -;East lie of. said Section 5375 feet-more or. less to _ y point of beginning. Eveept a parcel' described afi follows:` Beginning at the Southeast coiner of said '> Sectionrunningthence North on the Fast line of said s ection_.226.4 €eet,,,thence South 89°34' West 378 9 rya feet, thence-South 26°40" East 82.8 feet:•"thence South .4°25' East'.144.1 feet_;to' the 'South line of _said ' ' Section, thence East on_'the South line of.°said Section . to the point of beginning, as conveyed to School District No. 108 in the County of. Weld and State of Colorado by virtue of Quit Claim Deed recorded in Hook 622 at Page 196 of the Weld County records. Except a a' parcel of land located in the Southeast coiner of Section 9, described as follows: Beginning at the 1; Southeast corner of said Section 9, thence North along -, the East line of said Section,. 249 feet, thence West. , parallel to the South line of said Section, 352 feet, , thence South parallel to the East line of said- Section, 249 feet to the Southline of said' Section, j,, thence East along said South line of said Section 9 to ,,g the place of beginning. • Together with all right, title and interest of the grantor in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant. to the above d" described land. - - "1 Together with all right, title and interest of the 4 grantor in and to. all severed and reserved minerals s . $. lying in, on, or under such lands, whether leased or „,_- unleased, and all executive rights relating to all a `≥ such severed and- reserved minerals. T,, 4 • B 1003 REC 01935425 08/02/83 12:00 $27.00 3/009 F 1297 MARY. ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Raton Farm Nn. 9l ` The Southwest Quarter (SW1/4) of Section Thirty-two (32) , Township Seven (7) North, Range Sixty-six (66) West of the 6th P.N., Weld County, Colorado. Except a n.. parcel of land 80 feet wide, the center line of which 1 is described as follows: Beginning at a point on the West line of said Section 32, 16 feet South of the F' -7. corner common to thesNW1/4 and -SW1I 4 of .said Section, running thence South 89°18' X2697 feet "-=to a; nt on th)e mast fur_ y li o t •East boundary'-�'ia�-Cf'-the'�1117 of"said Section 3�,�28 _ _- feet South of the center of said section, said strip of land containing 4.95 acres, more or less, as con- veyed by ,instrument recorded in Boole 2892t ge t Pa 337 a the weld bounty records Except;a right %of way for county road aTro5S e l/ of section 32, beginning r '< on the North. sides of -. esent coup road 30 f€et North from a posntr v hick, iss 343.E ,eet North 89'°2' E, from the S1/4-:cornet o� 5a₹-d ect on 32. From said r` point of beginning the center line`;;of,the right of via} extends North 62°26' West"375 S feet -to a point on the East line of the SW1/4 of: saidsection_32, thence :the South 1/4 corner of :said Section32.-bears-.South 3-°18' "; - West 210 (feet, thence North 72°9 West 2415 feet, thence North._82°36' West, 358 .feet: to ,a *lint- ' onathe Weat boundary of said Secti on 32,,whe tee the Southwest corner thereof ars' south 1°11'_West 1040.5 feet Said right f way £s-. 60 feet wide, the same being 3 feet on each side .Of rthe center ,line as above -describedii and contains 4'.3-aCres,7,more or less, 'as conveyed to the County Camnissioners of Weld County_Plc virtue of Quit Claim Deed°recotded. in Book 373, Page 149 'of the Weld County records.. Except a parcel described as follows: Beginning at a point on the North and South 1/2 section line of Section 32, 270 feet North of the South 1/4 corner of said Section said point being located on the North side of the County road right of way. Thence along the North side of said County road right of way on the following course, North 72°09' West 2019 feet to the East bank of the Woods Lake Reservoir Inlet, thence along said East bank of the Woods Lake Reservoir Inlet onthefollowing- courses: North 11°35' East 132 feet, _ thence North 28°10' East 451 feet, thence North 11°35' East 360 feet, thence North: 0°15' East .260 feet, thence North 16°48' West 610 feet to the South side of the Great Western Railroad right of way, thence North 88°50' East along said South side of Great -Western . i.. . Railroad right of way, 1804 feet to the North and. South 1/2 section line of said Section, thence in a Southerly direction along said 1/2 section line 2330 feet, more or less, to a point of beginning, contain— ing 83.6 acres, more or less, as conveyed by Warranty Deed recorded in Book 512, at Page 261 of the Weld County records. Except a parcel of land 60 feet in width, being 30 feet measured at right angles on each ide of the following described centerline: Beginning At a point on a curve left whose radius. is 669 feet, said point being 6.7 feet North of the Southwest corner of Section 32 and 90 .3 feet from the point of curve which lies 90.3 feet Westerly on said curve from said section corner, running thence Northeasterly on said curve to the left whose radius is 669 feet, a distance of 459 feet, thence on a tangent North 43° East, a distance of 250 feet, thence Easterly on a curve to the right, whose radius is 846 feet a { • Et 1003REC 01935425 08/02/83 12:00 t27.00 - 4/009 F .1298MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO. CO distance of 972 feet to a point in the center of the • county road as now constructed, containing 2.3 acres, ', more or less, as conveyed to weld County, Colorado, by virtue of Quit Claim Deed recorded in Book 1012, at Page 470 of the.Weld County records. The Southeast Quarter (SE1/4). of Section Thirty-one (31) , Township Seven (7) North, Range Sixty-six (66) - west of the 6th P.M., Weld County, Colorado. Except a { strip of Sand 20 feet--Wide for right _of way..aim Need i Dater V MN Cl lan ditch gas conveyed t Q recorded , Book 212,a t Page2 of the Wel4 county .: F - Record's. ' Except a ;strip-bf•land- from the North side of the SE1/4 of Section 31, and described as follows: Beginning at-the East.quarter comes, of said Sect o_.n 31, .running thence West:on the ,_ mil£ section line 263,0 eet, more or less, to the F center of sa d Section, running thence South 60 feet. F r fence rennin ae n �a ltne t,0 f $oath` 1f d Marallel to fro aforesaid Half section 1 e 26£38 eet, mare oz 'lens's, ::to the7East line.;er..Mid ection, therm running North`on,the sectionL .ne 69 feet to. the place o£ beg₹nning,;- as conveyed hy=instri.m'nt recorded in Bar 22lr *ate? Pag '5fl of `the Weld_County Records _ ▪ Except a strip of land 16 feet wide _elong the West • slde of the 551/4 ofSection`31 for private road as conveyed -by Quit Claim Deed ecorded=in Book 114, at ;_ Page 129 of the Weld County records And all of grantor's"right, itle amY� sterest sn mod= to those lands more €ully described .n Book012, page �449 of the records of Weld-County, Colorado; Together wit--all _right, title and in€erest ofgranto€ inany land and any portions-of Wood Red rvo>r_located on the South of the -Southerly boundary line of the county Road right of way in the. S1/2 of the S1/2 of Section 32, Township 7 North, Range 66 West. Together with any and all interest of grantor in any inlet or outlet ditches, seepage ditches or drain ditches appurtenant to or used in connection with Wood - y, Reservoir and Angel Lake. • tf_ • Together with all right, title and interest of grantor ' in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irri- gation and well rights appurtenant to the above described land. Together with all right, title and interest of grantor in and to all severed and reserved minerals lying on, or under such lands, whether leased or unleasedr and all executive rights relating to all such severed and reserved minerals. Zaton Farms Nos. 12-]7. Inclusive - - ship 6 North R nge 66 West of- the 6th P.M. ,:action 9: All that part of said Section 9 lying Westerly of a line described as follows: Beginning at a point on "-:- the South line of said Section, 3755.5 feet Easterly from the Southwest corner thereof, which point is on the Easterly bank of a seepage ditch; thence North 26°35' West, 864 feet; thence North 35°30' West, 7003 REC 01935425 08/02/83 12:00 :$27.00 5/009 r, F . 1299 MARY. ANN FEUERSTEIN CLERK & RECORDER WELD'.CO, CO 472 feet; thence North 27°35' West, 205 feet; thence North.6°41' West, 227 :feet; thence North 45° West, 425 feet; thence North ll° West, 795:feet; thence South 89°40' East, 278' feet; thence North 81°45' East, 105 feet thence Worth 8°55' West, 1544 feet; thence North 3°50' West, 120 feet; thence South 84°50' West, 169.6 `feet; thence North 13°07' West. 132.5 feet; thence North 31°14' East, 110.7 feet; thence North °13' East. 428 €ee-t; .thence..North 40°16',,.East, 198 8 feet; thenceNorth 49°r7 .East, 4 .5 feet to a ' `po i-nt cixr -the" o' t-h liner oaf 'sanz_id Section- P �� x, . ,acction 16: All that part of the S_E1/4 lying:Northerly and Westerly-of theLNumber 2 Ditch of The New Castro na Poudre Irrigation o>aapany the °same existed on_A aril - .-2y,. 1905E ECCEPT any part th _lyin i rly a ,. ,EasteriX of 1l-itc as h na ted `n April 11 19Sf�t Nl/2NE1/,A, SWl/4RE1/41 WI/2, EXCEPT tha€ portion' of • tb's- k : conveyed to Peter uridsen 3y.deed r iO-a'-ed ,� to Hook 69'7 at Page 345(an EXCEPT that portion of ▪ the SWI/4 conveyed- to Weld County by,deed-recorded in Book 1348 at Page 503! Ali that part of. the fol ,owing described tract lying within ire SEl/4NE1/'4,- to 'wit: Beginning"at =the = k;. Northeast corner of said Section 16, thence South long the East line of 'said Section 2126 4 -feett thence North 63°41 ' West, 13, 3 thence west -- ±.:-$ feet'_to a point c iriter'section'with'a seepage E' ,ditch, the•TRUE. POINT OF' BEGINNING; thence Notth = thence est, along said`seepage ditch, 883.3 feet; thence South 89°44' West, 715 feet to a lateral ditch; j;' thence South 1°7' East, along' said lateral ditch, 742 feet to a'point on the North line of the Number 2 Ditch of The New Cache la Poudre Irrigation Canpany; thence, along said ditch line, South 86°56' East, E° 405.6 feet, and South 79°35' East, 550 feet, and North 57°12 ' East, 250 .4 feet to the True Point of Beginning. . SPrtinn 17: : - - _ All that part of the S1/2 lying Northerly of a line described as follows: Beginning at a point on the West line of said Section which is.-1297 .3' feet .. Southerly from the West one-quarter corner thereof; thence North 80°fi' East, .230 feet to a point on the North line of the Number 2 Ditch ofThe Nee Cachela Poudre Irrigation Company; thence, along said North - - ditch line, North 81°14' East, .630 feet and North 83°48' East, 552 feet; thence South 43°40' East, 112.5 feet to a point on the South line, of said ditch; thence, along said South ditch line, as follows: North 60°35' East, 92 feet; North 70°34' East, 490 feet; South 65°44' East, 210 feet; , - - South 82°14 ' East, 266 feet;: North 86°43' East, 146 feet; IF 131003 REC 01935425: 08. 2/83 12:00 $27:00 6/009- F 00 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO North 71°24' East, 258 feet; South 64°13' East, 150 feet; South 34°12'. East, 650 feet; South 51°20' East, 125 feet; South 70°3' East, 175 feet; North 89°56' East, 640 feet; North 72°48' East, 225 feet; North".S:$°8' last, 200 :feel t North 31°14 East, 170 feet; 110rttt 610°25' East, 210 feett ouch °2s4 iMs X15 1 € y =Sittth 2°48' East, 270'f`ee +to• a point on the Eaat Yne of salsa Sect ion 'which is.675 feel , :mores ;u laser::=Nor heY_ly from the'Southeast= - corner; t gaze of the 2 lying SoutIFerly ans3 Easterly of, a line, described as follows Beginning at the= point of int seatan f t'r %feat Tine of a-,lateral` ditch Stith the North line of=said Section which point- s: is 2612 feet, mor or. less, Westerly .from Northeast corner thereof; thence .alo.g,the Westerlg: and= Mort rl :lines of-_ ea-id.lateral-.ditch, as- , follows South 26°28' West/ 340 feet; South 12°55' West, 220 feet; South 1°23' East, 500 feet; South 9°15' West, 140 feet; South 43°49' West, 100 feet; South 59"49' West, 130 feet; - - - South 18°05' West, 150 feet; - _ South 22°16' West, 350 feet; South 14°24' West, 150 feet; . South 1°05' East, 170 feet; South 8°41 ' East, 450 feet; South 31°31' West, 50 feet; North 75°11 ' West, 420 feet; South 83°41' West, 300 feet; North 66°03' West, 320 feet; ta: B 1003 REC- 01935425 08/02/83 12:00 - •427.00 - _7/009^- °, F 1301 NARY ANN-FEUERSTEIN-CLERK a. RECORDER .t.4 (,„19 -Co. CO ' ._ North 56°33' West. 380 feet; and North 83°1T! West, 815.8 feet to a point on the West line of said Section which -is 641 feet, k • more or •less, Northerly from the West- one- • quarter corner thereof. , Together with all water, water rights and water privi- leges, all. reservoirs, reservoir rights and reservoir privileges and pumping plants and easements or eights 4,. of way for,the foregoing, and all enlargements and extension•s thereof., appurtenant ;to or in any way e onging -to o r,-aced on ti?e above-eeaerrbes7 ,i, -,,rtyY s -,,, - ;; including,- but 'n o:t limited-to the: follo( kn rate m , stock: 30-shares-in Divide renal- 6 Reservoir Co., and 1 055 shares in Wood Lake Mutual water & Irrigation Co , together with all wells, pumps and ..............nt, if any-presently located on said property, 4P ^ ,'2 rs. 4x' 1R�'-: t+ a , o"f twe -.S{o, thwegtf Quartet 1S1l/4 I H t -2 �F'... - 7eatheast Q%UA slut 1sE of l ectidT Sixteen (16) , - t] Tcwraxs'Kip S R 1 3 o[hi f=Range Sixty six (cE) West `the;Sixth` .rinrcipal Meridian, lying_South and East not the-Na 2 Canal and West' ,of the East Devotie ,ateral 3 t -situatunty?rof Teld and S"tote of ;Colorado Together with all right, title and -interest of grantor K.' in_and to-ali se •vered end,<reserved e-aet als_lying in e,, on,= or under such rands, whether leased or unleased, , and a-Il_executive rights relating to all such severed and-reserved"minerals 7.M-nn parmR NflR. 18 and 19 . The Nortkeast Quarter (NEl34) of :section light 6 ,, TGa-nship Six (6) North, Range Sixty-six (66Z West of the 6th E.M. , Weld ,County, Colorado, containing ,' ' 160.79 acres, more or less. The East Half of the Southeast Quarter (El/2SEl/4) of Section Eight (8) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , Weld County, Colorado. Except a parcel described as follows: Beginning at a point on the West line of said E1/2 of • F' the SEI/4, 540.6 feet Northerly from the Southeast corner thereof, thence North 1°23' East 2031.3 feet along the West li::e of sal El/2 of. the SE 1/4, thence x k South 21°53' East 107 .2 feet, thence South 24°51' East 215 .4 feet, thence South 23°01' east 106.1 feet, thence South. l8°l6 ' East 106.3 feet, thence,South • - 15°--' =East"-108.0 feet,- thence South 21°27 - East 105.5 eet,- thence South 23°38' East 106..0 feet, thence South 11° 26' East 106.2 feet, thence South - 7"39' East 105.4 feet, thenceSouth 13°21' -East 106.0 feet, thence South 15°13' East 419.1 feet, thence - - South. 6°12' East 104.4 feet,. thence. South 11°25' west - - - 113.0- feet, thence South 32°24' West 79.3 feet, thence 15' SouthWest 166.8 feet, thence South 66°24' west � � �' - - 120.0- feet, thence South 77°46' West 278.1 feet to the ` place of beginning, as conveyed by virtue of Warranty Deed recorded in Book 1156, at Page 601 of the Weld •se, .-s�' County -Records. * `9 All that part of the West Half of the Southeast 3 cI,`. IL ( Quarter (Wl/2 sEl/4) of section Eight (8) , Township F six (6) North, Range Sixty-six (66) West of the 6th P. M. , described as follows: Beginning at the ';° „ `. Vv li -6 v . P 1003 REC 01935425 ' 08/02/63 12:00` 827.00 8/009 ; F 1302 MARY ANNFEUERSTEIN-CLERK & RECORDER`WELD CO, C0 :Southeast corner of said •W1/2 of the 551/4, thence West 399.1 feet.along the South line thereof,' thence North 22.5 feet to a point on the North line of the County road, thence North 39°30' East 57.9 feet, _ thence North 28°03' East 47.0 feet, thence 19°10' East • 65.0 feet, thence North 10°05' East 91.0 feet, thence North 27°23' East 63.0 feet, thence North 39°52" East 100.0 feet, thence North 48°36' East 72.0 feet, thence North 59°36' East:55.0 feet, thence North 71°15' East 128.0 feet,` thence South 1°23' West 509.1 feet to the, ,place of beginning, containing 3 3 acres, more or less. , A- parcel "of land `in the'W1/2 -of the" 851/`4 of -- i • Section 8, 'Township. 6 North. Range 66 West of the 6th P.M.., Weld County, Colorado, described as follows: ' Beginning at the Northeast corner of said Wl/2 of the SEI,/_4,--hence South 2°23' West 65.D feet, thence-North r26°32x West 72,,9 feet in a point on the.;27orth_line of E l°, the z S+ s4 thence East 34 1 feet to t`he $,Lace r a ��'., of beginning, ;containing 025' acres more or less All that part =of the Northwest Quarter (NW1/4) of Section Sight_k , Township':Six (6) North, Range sixty—six c46, - West :ot the :64th P 2‘ ;::Weld Count, Colorado, described_as follows , Beginning of the Noxthyest±.cocnei 'oP _=said Section 8e'_ thenoe;:,in a, :: 'Southerly direction:.elong the -West ction _li of _ said Section 3.:32,0 feet`to.:ttie thw Souesest corner .onef the " Nl/2 of the_NWl/4 of said Section, thence North".88°22' - 52t Last:-1 -3.0 feet a` ong ttie bank"-of presen"t:,dividing l.at^ eras" of sai'd:N1/2 of .the NWl'/4 of said Section,. thence South-'45°30' East 660"feet to a large ovttonwood tree on e N thorth`bank of':preSent constructed l cteateral, thence South"60°50' East 655 feet, thence South+l9°37' °s, East=;-2972 feet;-to a-,point on.No th and South• Half sec tion`'lin`e of said"S'ection, :thence -.ina Northerly y `c direction along said North and':South Half section line 2425 feet, more or less, to the North quarter corner , of said section, thence in a Westerly direction along S'? the North section line of said Section 2655 feet, more or less,' to the point of beginning, containing 93.95 acres, more or less. Together with all water, water rights, ditches and ' ditch rights, seepage, irrigation and well rights �, appurtenant to all of the above described land, including without limiting the generality of the fore- • going, the exclusive right to all hunting, fishing and . other recreational privileges upon Myers Lake, with • ' full enjoyment thereof; together with the reservoir known as Myers Lake and the appropriations of.water therefor (except to the extent that rights in Myers - - Lake and the appropriations therefor are appurtenant to Parcels numbered twelve (12) through seventeen (17) . inclusive, twenty-one (21) and twenty-two (22) as they ''' are described in that certain deed recorded in Book 1476, Page 558, Weld County records) , , . Together with all right, title, and interest of grantor in and to all severed and reserved minerals .r lying in, on, or under such lands, whether leased or '„. ' unleased, and all executive rights relating to all ? " k such severed and reserved minerals. , 'r -7_ H 1003 RE- 019364241 '08/02/83 12:00 X27.00 9/009 F 1303'MARY ANN FEUERSTEIN CLERK B .kEcoRDER. WELD CO, C0 Eaton Farm No. 27 All of Section 5, Township 6 North, Range 66. West of•the 6 P.M.,rweld County, Colorado, together with the "Wood Reservoir" located upon a portion of said Section '5; except right-of-way as granted by contract recorded.in Book 1032, page 38, Weld County records, and except easement as granted by instrument recorded in Book 1259, Page 48, Weld County re:::::::::::::. ecords, and.except reservations as contained in patents recorded in Book 36, Page X93 and in Book 153, Page 40, and rn . De�e�d;9, recorded sn Book 1�2, Page 559,-Weld County A. z' recur "' ` . v.r-' Together with all right, title and interest of grantor in and to any lands and .any portion of Wood Reservoir lying South o£ _the Southerly boundary line of the County:Road right of Wa in the 81/2 of the 51/2 of S�ectionn 3 S...o kcip 7 N , nge 6Z5}int; u Together`write',$ Eaton:investment Compa'nyWhea�d gate �` and ditch xztS i g -Pr t ° tuber xutt Weld same to Wood Reservoir, as the 'same is now located, the ditch i Feing partially described n deeds o£ reed d in the county..of- Wei, Stake _ Colorado,. .as follows -` ;Book,373. a* Page_351, and`Book.'414, at 'Page 57,= -.Together wtih�that certain.'raeservoir known and described as 7ngel take, situate upon a portion o£'tie $E1/4 of*erection 31, Township 7 North, Range 66 West -of .M '` a together witl�,Wood Reservoir ::',2_-.,,-,:-.:, No. .30 °%•9:-',of`the date ofs.December 22, 18923-Wood Reservoir ority ., 54 .-as-of the date .of October- -15,e 19033 W_ood. . $� Reservoir Refill: Priority -No. 1368 as of the date of December;-- 31, 1915; said ,pri--- he, s heretofore decreed n Civil' Action §o. 1591,+ in the Distri t Court im and i for Larimer County, `Colorado; and Civil Action No 11217, in the District 'Court in and for Larimer County. Colorado; Angel Lake Reservoir Priority No. 136B1 and Refill Priority No. 136D entered in Civil Actium No. 11217, in the District Court in and 3 ` for Larimer County, Colorado; Together with all water, • water rights, .ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights ii appurtenant to the above described lands; lake and reservoir, including without smiting the generality of the foregoing, grantors interest in seepage water - and ditch .rights from the Daisy seepage ditch, and the exclusive right to' all hunting, fishing, boating and x` all recreational privileges on said Wood Reservoir and Angel Lake, with fullenjoyment' thereof; !-/ Together with all right, .title, and interest of grantorin and allsevered:and reserved minerals. i, . lying in, on, or under such lands, whether leased or unleased, and all executive rights relatingtoall - such severed and reserved minerals. • ,i' _8_ •' B 1003, REC O1935426 .06/02/83 12 0'1 `•627;,00 1./009 ' . F 1304 NARY ANN FEUERSTE'IN CLERIC 1.- RECORDER. WELD CO,''CD ... `? • THIS DEED,Made this C " day of o .1983• .,betweenNichael Guttersen and IntraWest`Bank• of .... .. . Greeley, as co-.personal representatives_of the Estate • . • of :Grace E. Vogler,.deceased, . ' -+ • - .. of the County of Weld and State of Coio ' - •rado;,of the first pert;and Guttersen & Company i - •_ whose legal address is 705..Fourteenth Street, •Greeley.. ' ' Colorado :80631 + . Y 1 of the . Counts'of Weld and State of Colorado,of the second '2'" 4"` r_al� ` rs .. part; . , i WITN"ESSETH,That the satd„pi tt iee;_of the first part.i bor and in cons)derat)on of the sum.I of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION---= '' ---Belitere to the said parties of the first part,In hand paid by the said party of the second part,the ;' receipt whereof is_ hereby confessed and.acknowledged,3I1avegranted bargained, sold ane_con ,i,:o.` veyed, and by these' presents do su tttrgatn, sell, convey and cbnftrrn unto theaid. ' .party of the second part,its and assigns forever, all the followink de:,cr)hed - lot or parcel of land,situate,lying and being in the - County of Weld and State of Colorado,LO'VIt wit:-....',...:::, : f.:,,,,,,,,-- . . r . _ - .. , rr: " t , *d+ r m }" --r T .'I �. `�,h Vy -x ,4,,1- >.'-k .; � I ' + Fr71; s, S'''� -�a '.. - -7. ;, .-.. - _ r ' ,.��•�;,_,:' �. ,"y.F ._.,'sx Sec attached Exhibit. A � >.�=i��-'?`•�`.��=��' -�"s,"3�x'�v.v rte . �' k t p}... tr.F7F7':,i �...-'_ !•.'i.'Mh r•r i� 'V xS36 f[ .,'. Wg:� pf�~` 4'�'.` -, .;.. hs:r- ` .i." =.r,:u'k'' .4 r'a .M, :, r_�—.. ] '1: >__. P'' •€• '*-*r � •-mac , ' . .r•Y de >'2 :.A`�1'2;' 5`-.. 1 a..r=`. � �,r�--r r-`�i -mss.'-e r`; . .;„t ti4 :;"x,�• �I -"�-4C ?: '.-.7.? --..: hs' ;'rt.7 ,.4 . F.r-.r tri,--;;;;...?=r_-...nY SirrG....,,,:'Kr y i r,MI �,s vwI.. I.--- "--."--_'""',f7-.''..7+7-1,' w..J r r yc - _ t—...'S..� -i' ._.-•�••pa'�_r .• n�. "• �1-0.4sv-'mat'+! ..-•��..:s:"„�'. -••r�:F ''`* .r,'�,F'':J -' �:t:?+F� 4vsS�J �+ '..-%':.17 .''',.',1:'''...-4; I'__ '. ir`F°., 'h':c''-477.., •2''4`.�-.*'. y -i'Yk,y'..-f., ..a,. _ — _ •. ."` _ ' '"Y. ',--La Ate s- also known as street and number ti,A - i-' .�M - Together with ail and singulsrthlht reditaments and appurtenances thereunto belonging,or n,r . * r-r;':-rFii-7#-•:--i• anywise appertaining, and the°reverr;ion and:reversions, rem ui ainder and remade ,,rent$:,',p a --, issues and profits thereof;•and all-the estate,right,title,interest,:claim and demand whateiueve`r', 'of the`said:parties'':` of the first phrt;either in law or equiity,of;in and to-the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said hY premises above bargained and described,with_the appurtenances,unto • i the said party` of the second part, its • . i� ' successors ''I'' bltJmB and assigns forever. °:Ft ' And the said • • successors and r,;, • asst ns p artles of the first part,fortheaselves . • their sB�et3ir do 8g 9Int,grant.,bargain and agree to and with the-said party: of the••.`' second part, its• Anik anZI assigns.the above bargained nrenljsgo in the quiet and peaceable cce possession of said party .of the second part, its hetncan assigns,against all and every. • person or persons lawfully claiming or to.claim the whole.or any,part thereof,by,through or ' under the said parties of the first part to WARRANT AND FOREVER DEFEND.. U. IN WITNESS WHEREOF,The said parties- of the first ps,.b have ' hereunto.set• their F - . hands.,= 'and seals the day and year first above written.. •• .Sealed 7.and Delivered in the presence of �ti °t``¢:`"-.`r9EALJ Signed, c seI�u tersenil t - L traW t Bank o£ Greeley. 'SEAL)* (SEAL] • :' STATE OF COLORADO, . -e- ; County Of: Denver Yt �: F� The foregoing instrument was acknowledged before me this O1� ' ' ,day of 1, "' • 19 83 by Michael Guttersen and Conrad GrP1rar Trust Oefic r Al' f Int aW�ist Bank of. Greeley,.co-personal representatives or the Estate of :,. • �X:i}9Po�ehis BRefFitea 15 ,19%7. ,Witness my hand and fficial eal.' ry ' ; - .. ...w..... • U. Q."'a_'� ,Q ice- `.�. �1 . . t1 .... ,e ,• ',nary PUbS,. yf d 29f4 FIRST OF DENVER p,4 n ^ E3J SEVENTEENTH STREET ',i. '• 4 z DENVER,CctDRApo gi EE r \ x B 1003 REC 01935426 08/02/83 12:01 : $27.00 - 2/009 F 1305 MARY ANN. FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT A An undivided one-half interest in and to the following described real property: Fatnn Farm Nn. 11 All that part;of Section Nina..;9)... Township Six {6) North, Range Sixty six (66) West of the 6thM F , Weld county, Col r'ado, `es bed astfol ow ': Beginning at the 'Southeast corner of said Section, thence in a Westerly direction along the-South line of said Section 1,00 feet, thence ,North 26°35' West 864 feat. thence Ito th 35°30' West 972 feet,-thence North 27°35x" Westfi2Q3 Feet_, ,therrce_ North 6°4l" Nest. 2 r eet,,� then fior1f 5° ' Wet 4257feet, do North 110001 vilest 79- feet, "thence South 89 40' Eases-278 " et feet,,thence North ° ,x a X105 fe t,_hence North ',8°55' West1544-feet,cethence North 3°50' •West 120yfeet , to corner post Northeast of Sheep Ranch"House, thence South '84°50' West 169.6 feet, tFfence North 13°07' West .132 5 'feet, ; h nce Notth 1°14' East ; 110.7 .feet, -; thence North 2d°13' East 426.0 feet,. thence North 40°1d' Nast 398-8 feet;;thence North 49°07' €t_41 5 eet to_North Section line`off 'Geist Section; thence in an Easterly direction along the North ,line of said `section- 2 A :'feet to the`Nort) east corner of said Section, thence- ina Southerly �direction`alon the East line of said,Section 5275 feet mor"e or;lass Lo paint of beginning. Except . 'parcel described as :., follows�- Beginning- at .the Southeast corner: of;sa id Section"running :thence North on -the. East:line of'said Section:=226.4 feet, thence South 89°34''. West 378.9 ` feet, thence South 26°401 East 82.8 feet, thence South 4°25' East 144.1 feet to the South line of said Section, thence East on the South line of said Section to the point of beginning, as conveyed to School District No. 108 in the County of Weld and State of Colorado by virtue of Quit Claim Deed recorded in Book 622 at Page 196 of the Weld County records. Except a parcel of land located in the Southeast corner of Section 9, described as follows:. Beginning at the Southeast corner of said Section 9, thence North along the East line of said Section, 249 feet, thence West parallel to the South line of said Section, 352 feet, thence South parallel to the East line of said Section, 249 feet to the South line of said Section, thence East along said South line of said Section 9' to the place of beginning. Together with all right, title and interest of the grantor in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant to the above described land. Together with all right, title and interest of the grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or. unleased, and all executive rights relating to all such severed and reserved minerals. B 1003REC01935426 .08. /83. 12.01 $27.00 3/009 - r F 1306 MARY ANN FELIERSTES,i CLERK a RECORDER WELD CO, CO Eaton Farm No. yl The Southwest Quarter (SW1/4) of Section Thirty-two 4 (32) , Township Seven (7) North, Range Sixty-six (66) _. West of the 6th P.M., Weld County, Colorado. Except a parcel of land 80 feet wide, the center line of which is described as follows: Beginning at a point on the West line of said Section 32, 16 feet South of the West Quarter Section corner common to the NW1/4 and - .- SW1/4 of said Section, running thence South 89°18' East for a distance of 2697 feet to a point on the East boundary line of the W1/2 of said Section 32, '28 feet South of the center of said section, said strip , of land containing 4.95 acres, wore or leas, as con- k ve ed by instrument ;recorded in-Book 289 at Pege-337 ,'. r of� eld rn;m rearm . xcept za.-right„Of way afor county-road across°the 51/2 of Section 32 beginning on the North side of the_present county'road 30 feet a, North from a point which is 343.5 feet North 89°2''-E. from the SS/4 corner °f said Section 32. From said poisit of-taginning_the center line of the right of -way extends North °26'-3WWest t5.8 feet to a paint on he -Seatins r�£ r 4 of said- tin -2, :ence `' South 1/4 scorner o€� said Section 32` nears South-3°18 wit 210fet e tense -North 72°9'--west; 15 .€eel thence North 82°36' West 358 feet-to a point on the West boundary of Emilia .Section 32, whence the Sout₹iwest corner thereof bears,S-outh 1°11' West '-1060tif.5 Said right ,of way is' 60 feet wide, the same being 30 feet 011 each side of the center line as above describedr--- and contains-4..3 acres,, more,or less,., s �: conveyed to-the County taWniaSiOtterS of Weld County-by 149 of 'the Weld--Coun ' records:- " in Beot� 173, Fade virtue of. Qui₹ Claim Deed recorded Except a parcel described as follows: Beginning at a point on the North and South 1/2 section line of Section"32;, "270 feet North of the.South'1/4 corner`of said section said point beingloc_ated =on ':the North ' side of the county road right of way. Thence. along ,^ the North side of said County road right of Way on the following course, North 72°09' West 2019 feet to the East bank of the Woods Lake Reservoir Inlet, thence along said East bank of the Woods Lake Reservoir Inlet on the following courses; North 11°35' East 132 feet, a ` thence North 28°10' East 451 feet, thence North 11°35' East 360 feet, thence North 0°15' East 260 feet, thence North 16°48' West 610 feet to the South side of the Great Western Railroad right of way, thence North 88°50' East along said South side of Great Western 3- Railroad right of way, 1804 feet to the North and South 1/2 section line of said Section, thence in a Southerly direction along said .1/2 section line .2330 L.' . feet, more or less, to a point of beginning, contain- ing 83.6 acres, more or less, as conveyed by Warranty Deed recorded in Book 512, at Page 261 of the Weld County records. Except a parcel of land 60 feet in width, being 30 feet measured at right angles on each side of the following described centerline: Beginning at a point on a curve left whose radius is 669 feet, said point being 6.7 feet North of the Southwest corner of Section 32 and 90.3 feet from the point of curve,which lies 90.3 feet Westerly on said curve from said section corner, running thence Northeasterly on said curve to the left whose radius is 669 feet, a distance of 459 feet, thence on a tangent North 43° East, a distance of 250 feet, thence Easterly on a curve to the right, whose radius is 846 feet a Y. ' . A 1003 REC 0:1:9354.=o 00/02/83 12:01 .927.00 4/009 F 1307 :MARY ANN EEUERSTEIN.CLERK- & RECORDER- WELD CO, CO . distance of 972 Lost to a point in the center of the =r county 'road as now constructed, containing 2.3 acres, more or' less, as'conveyed to Weld County, Colorado, by. r' virtue of Quit Claim Deed recorded in Book 1012, at Page 470 of the Weld County records. The Southeast Quarter (SE1/4) of Section Thirty-one (31) , Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. Except a strip of land 20 feet wide for right of way. for the Eaton & McClellan ditch as conveyed by Quit Claim Deed recorded 4a13008:147,2 at Page. 24_ of the Weld County ? ` Records• Except a strip of- land 60-feet in width off , from the North ,ail of t e .SE1/4 -Section 31, and ts. ▪ described.as follows Beginning--t--thence plea quartet A' corner of-said Section"31,.-running thenceeston the _ half section line 2638 feet, more or less, to the center of said Section, running thence South 60 feet, thence running East_upon a line 60 feet South-of and parallel to- the a oresaid half section line 2638 fee't�, „' Sp < r„'Imore or l s, to .,,.ast.Ui a tf ' id $ems them a.. u`.i .r„ 2 • rune ng Norh.. on tie: seatline„60• t.to ne place ' , of.beginning, as conveyed,layinstrument recorded nm 3 ; Bock 22-1, at Page^30 of the Weld- County, Record +� strip of land 16.fest wide along the West side of the=SEl/4 of Section 31 for pri-vat .roada's , -5,a,yed by.Quit Claim-Deed recorded in Book 114, a> Page 129 o£_-the Weld County' reeords And all of grantor's right. titl€6 and interest in and to those Sands.mace fuuix described in Book"1012, at i�a0e 449 of theme records of Weld Count r. Colorado.; _ Together with all: right, title and interest of grantor in any land::and any portions_o£.Wood_Reservoir located on ;tk South of_ he_SuuUautly,.booundary.line. of: the county Roadght of way in the Si%2of the-S1/2 of : Section 32,;_Township 7, North, Range-;66 West. - Together-with any and all Interest of grantor in any inlet or outlet ditches, seepage ditches or drain ditches appurtenant to or used in connection with Wood Reservoir and Angel Lake. Together with all right, title and interest of grantor , in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, irri- gation and well rights appurtenant to the 'above described land. - - - Together with all right, title and interest of grantor in. and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, - and all executive rights relating to all such severed and reserved minerals. - - Eaton Farms Non. 12-17. reclusive ? . Township 6 North. Rance 66 West of the 6th P.M. ` 5. Section 9: All that part of said Section 9 lying Westerly of a line described as follows: Beginning at a point on } the South line of said S ction, 3755.5 feet Easterly from the Southwest corner thereof,. which point is on ,.xr.,.,aI- the Easterly bank of a seepage ditch; thence North 26°35' West, 864 feet, thence North 35°30' West, �, iw 8 1003 REC- 0193542xA'". 08/02/83 12:01 $27.00 5/009 F 1308 .MARY ANN""FSUERSTEIN CLERK 6 RECORDER WELD ea, co " � 472 feet; thence North 27°35' West, 205 feet; thence North 6°41' Weft, 227 feet; thence North 45° West, ' 425 feet; thence North 11° West, 795 feet; thence South 89°40' Sect, 278 feet; thence North 81°45' East, 105 feet thence North .8°55' West, 1544 feet; thence North 3°50' Wan, 120 feet; thence South 84°50' West, 169.6 feet; thence North 13°07' West, 132.5 feet; ' thence t Nor Eas ,, 110.7 feet; thence North , 20°13' East, 428 . feet; 'thence North 40°16' ,East, 198.8 feet; thence North 49°07' East, .41.5 feet to a point_on the, North,aine of said Section All that part '!Of the 3E174 lying, Northerly and Westerly of the Number 2,Ditch of The New Cache la PoudrerIrri etion Canpany as the same existed on April 9, 1905, EXC T and -part thereof lying Southerly and _ nt}-erly n�paa_i�il .�ftch.ss 'the same xisted on S m Ld �` t vite,1N ,tfttrSW I4NWZ1. �Wd2, NXCEfl tfiat pox-tionof the N1/2 conletyc+1 tozPeter Lauridsen b3' deed recorded in Book 697 a:t: page '345, and EXCEPT that portion of the SW3/4 convoyed to-_Weld County :_y deed recorded inr _' Book i1-348� at_Page 50 ;;; All that part 4+E the following described tract, Iying wit11iri tfie .8fl1/4NE1/4, to-wit Beginning at the _ Northeast rofiner of 'said Section 16; thence:_ South along= he_ 4rine:��of said_-8ecton i -2126 4 feet, thence Nort $3°41'f West.,- 133 -fee,t; -thence West, 87 feet_to a :joint of`_intersection with a seepage ditch€ theTRUE PDTNT OF BEGTNNING; thence-North, s 33°,4'3'm West, iaxong said ,seeypage;ditch, -383.3-feet; }!! thence_ south'. °44a West, 715 eet .to `a-lateral;ditch; ,f-i: thence South i°,7' East, along said `late.ral flitch, - 742 feet to a point on the North line of the Number 2 Ditch of The New Cache la Poudre Irrigation Company; thence, along said ditch line, South 86°56' East, 405.6 feet, and South 79°35' East, 550 'feet, and North 57°12 ' East, 250 .4 feet to the True Point of Beginning. f_. ,Section 17: - All that part of the 81/2 lying Northerly of a line �• described as follows: Beginning at a point on the West line of said Section which is 1297.3 feet •, Southerly from the West ,one—quarter corner thereof; thence North 80°6' East, 230 feet to a point on the • ' North line. of- the Number 2 Ditch of The New Cache la Poudre Irrigation Company; thence, along said. North ditch line, North 81°14' East, 630 feet and North 83°48' East, 552 feet; thence South 43°40 ' East, -` ', 112.5 feet to a point on the South line of said ditch; thence, along dal ' south ditch line, as follows: i. to North 60°35' East, 92 feet; North 70°34' East, 490 feet; z• South 65°44' East, 210 feet; ;. South 82°14 ' East, 266 feet; - North 86°43'' East, 146 feet; _ } -4- s'' B 1003 REC 01.9';5426. 08/02/83. flvol � S37.00 6/009 F 1309 MARY ANN FEUERSTEIM CLERK M RECORDER -WELD CO,-. ¢0 - - North 71'24' Bast,. 200 £eet; .. South 64°13' East, 190 feet; South 34°12' East, 000 feet; South 51'20' East, 125 £eet; South 70°3' East,, 170 feet; North 89°56 Ea!tx��1440 teetu; r, , F North 72°48? Eaat, e�25 feet. North 58°3' East, 200 feet; North 310141 vast, 110 feet, , >ss," ?"'- :` -.'North '°'351 Nt iLl0 ,feet; i, -1 ' '_� i - r- ry-'� ':'' South 44°°20' East,,t40 et; 1 _ 3"{ South 26°2fi "East, 2O0 feet; and _ x Sou-th 32°48 East, 270 feet to a -point' on the . East line of said-®ecti3n which is 675, feet, more or less, Nor thorly from the Southeast "corner thereofF - - - 1`_. Al'1 that pact of`the Nl/2 lying Southerly`and Easterly aint of intense Lion of the West line of a lateral of a line described 'ae`fo .lows: Beginning at=the ditch with the North` lit7e,of said Section which point i�s '2612` feet, more at l-a"ss, este ly from the' Northeast corner thereo,0; thence, along:'the Westerly and Northerly 'linss `of said;lateral -ditch;. 'as follows: South 26°28' west, 540 feet; South 12°55' West, 220 feet; South 1°23' East, 000 feet; South 9°15' West, 140 feet; South 43°49' West, 100 feet; South 59°49' West, 130 feet; - - - South 18°05' West, 150 feet; South '16' West, 3b0 feet; - - - South l422°24' West, 150 feet; South 1°OS! East, 170 feet; South 8°41 ' East, 450 feet; South 31°31' West, 50 feet; North 75°11 ' West, 420 feet; South 83°41 ' West,. 700 feet; North 66°03' West, 320 feet; _RY B 1003 REC 01935426 .08/02/83 12:01 $27.00 7/009 - F .1.310 MARY ANN FEUERSIEIN CLERK & RECORDER WELD CO,' Co North 56°33' West, 380 feet= and ` North 83°11' West, 815.8 'feet to a point on the West line of said Section which is 641 feet, more or less, Northerly from the West one- k quarter corner thereof. .; Together with all water, water rights and water privi- leges, all reservoirs, reservoir rights and reservoir privileges and pumping plants and easements or rights 1,; of way for the foregoing, and all enlargements and kk extensions thereof, appur tenant„to or in any way lbelonging to�or vSe inn the above describedap oper�ty, ; including, t- of _lamit:ed to the folllowing'wtate ( -.-stockitea& shares in he .arimer6'Weld Trtigatxon ;n C-'1-:-.600`"'if-- .iii-t>ie` Divide Canal &:Reservoir Co., and 1 .055 shares in Wood Lake Mutual Water & lrrigation Co., together with all wells, pumps,and equipments if any presently located on said property 47 -That p(f 14 .rth ��test Qsarter S(vl/4k, of.the. Sou east Q rater „,`ice } u wect on Sixteen 41 1 , ▪ , To wnship.ix. North ofr Ran€ Sixty six (66) 'West of ' he Si hr. __ a u 3 stet , ygas SPevotand.East of the No 2i 'anal an6 West of the East Devotie Lateral, - b si,tua-t-e jn Co r 2)f WWeld-and ,Stat..,,:-=',.o CColor"a-do Together ith all 4right, title_and-interest of grantor ii1 and to'all severed and reserved minerals lying_in, on, or under such lands, whether leased 9rg'unleased, f aiid all executive rights relating to-all-such severed and reserved psi = gy -pptan Parmg Nos. "18 and 19 ;�` The Northeast_ 6);fiQuartte .(NE1/hy._of Section'Eight -(8) r t Tollnship.Six ( rth, ,Range.Sixty-six (66) West of the 6th `F 4} , Weld County, -Colorado, containing 160.79'acres, more or less. The East Half of the Southeast Quarter (E1/2SE1/4) of Section Eight (8) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado. Except a parcel described as' follows: t ' Beginning at a point on the West line of said E1/2 of the SE1/4, 540.6 feet Northerly from the Southeast "¢ corner thereof, thence North 1°23' East 2031.3 feet , along the West line of said E1/2 of the SE1/4, thence South-21'53! East 107.2 feet, thence South -24°51' East 215.4 feet, thence South 23°01' East 106.1 ,feet, thence South 18°16 ' East 106.3 feet, thence South 15°38' East 108.0 feet, thence South 21°27' East. - I 105.5 feet, thence -South 23°38' East 106.0 feet, - - ;t thence South 11°26 ' East 106.2' feet, thence South a , 7°39' East 105.4 feet, thence South 13°21' East 106.0 ! feet, thence South 15°13' East 419.1 feet, thence I; South 6°12° East 104.4 feet, thence South -110251 West 113.0 feet, thence South 32°24' West.79.3 feet, thence - I South 37°01' West 166.8 feet, thence South 66°24' West , 120.0 feet, thence South 77°46' West 278.1 feet to the place of beginning, as conveyed by virtue of Warranty Deed recorded in Book 1156, at Page 601 of the Weld °, County Records. All that part of the West Half of the southeast via Quarter (W1/2 SE1/4) of Section.Eight (8) , Township ,: Six (6) North, Range -Sixty-six (66) west of the 6th ''! P.M. , described as follows : Beginning at the - %'t.`:. • -.6-- i: use.:. t D 1003 REC 01935426 . OQ/02/83 1201. 5327.00 F 1311 MARY ANN FEUERSTEIN. CLERK B RECORDER WELD CO, CO Southeast corner of said W1/2 of the SE1/4, thence West 399.1 feet along the South line thereof, thence - t North 22.5 feet to a point on3 the North line of the County road, thence North 39°30' East 57.9 feet, thence North 28°03' East 47.0 feet, thence 19°10' East 65.0 feet, thence North 10°05' East 91.0 feet, thence North 27°23' East 63.0 feet, thence North 39°52' East 100.0 feet, thence North 48°36' East 72.0 feet, thence North 59°36' East 55.0 feet, thence North 71°15' East 128.0 feet, thence South 1°23' West 509.1 feet to the place of beginning, containing 3.3 acres, more or less R € e o 1. sd In tiro w 2 at t o 5E114„ of 9eci a on'`8, Township-.6 North,".Range 66;West of the 6th. P.M. , Weld County, Colorado, described as follows: • - Beginning at the Northeast corner of said W1/2 of the SEl/4, thence .South 1°23' West 65.0 feet, thence North 26032' West 72.9 feet to a point on the North line of tote Wl/2 -off S1 l/ i them East 34.1 feet to the place � °be nixl � coma ni 0 acres mote lase, � i s` t��"7`�a. es rye% A2 2 ,hat tt "of the Porth'#est Quarter_' (- crk-` df Section £ h t ) r 2arrnshig `Six +6),North, Range Sixty std -(66) st of 'the 6th•`P M., Weld County, arad-o ^ sor bed as-=follows: Beginning;at the :Northwest cornet of said Section 8, thence in a Southerly direction along the West section line: of said Section-1320 fe@t to the Southwest corner of the. Nl/2 of the .NWXl4- 'said;Section, thence',North;88°22' East 1530 feet"along the _bank o€ present dividing let eral o€ said:=N1 2 ,if-the NWll4-`ofSaid Section: thence South 45°30'- East'-660 feet to a large cottonwood tree '. oTn the. North bank. of present constructed lateral,, thence South-60°�0' Eist 655 ,teety thence -South 19"37° . East: 297 feet•-to point--on Nord and South Half sec" Lion- Sine"of sa s}_Section, thence in a Northerly direction along said North and South Half 'section line 2425 feet, more or less,' to the North quarter corner of said Section, thence in a Westerly direction along the North section line of said Section 2655 feet, more or less, to the point of beginning, containing 93.95 acres, more or less. Together with all water, water rights, ditches and ditch rights, seepage, irrigation and well rights • appurtenant to all of the above described land, °q including without limiting the generality of the fore- going, the exclusive right to all hunting, fishing and other recreational privileges upon Myers Lake, with - full enjoyment thereof; together with the reservoir known as Myers Lake and the appropriations of water therefor (except to the extent that rights in Myers Lake and the appropriations therefor are appurtenant to Parcels numbered twelve (12) through seventeen (17) inclusive, twenty-one (21) and twenty-two (22) as they are described in that certain deed recorded in Book 1476, Page 558, Weld County records). Together with all right, title, and interest of grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all such severed and reserved minerals. 7 A 1003 REC 01935426 -08/02/03 - 1201. ;00 F 1312 MARY ANN.FEUERSTEIN -CLERK- 1. RECORDER WELD CO, CO - - All of Section 5, Township 6 North, Range:66 West of the f P.M., Weld County, Colorado, together with the "Wood Reservoir" located upon a portion of said Section 5; except right-of-way as granted by contract recorded.in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded in Book 1259, Page 48, Weld County records, and except reservetions .as contained in Patents recorded in Book 36, Page 393 and in Book 153, Page 40, and in Deed. record_ed in Book 112, Page .569, Weld County, -�:, recor3sr *7 A- ' Tcgeethir With all right, title' nd`iinterest�of_ grantor in and to='-any, laiids'and 'any portion of Wood Reservoir lying South of the Southerly boundary line of the Coon ty Road,right of way in the S1/2 of the S1/2 of . Section 32� 5ownship 7 North', Renge_:66 West x ti The Ea rk X lrerrtlttent Camp�iy head gat j 5, �, in �miner and weld?came - Wood l; e xnos r ,,,as the .same-is now located, _the ditch,t , hero P ia - described-in--deeds„of -record in the C41til of [el_d, ` ate of _Colorado, as follows Books 73, at,Page 351 and Sport 414, 'at -------sirs -:, Together wtih 'that certain reservoir known and ` described-as_=Angel Lake, •situate upon a portion of the_ SEI/4 of Section 31,-Townships 7 North, Range'';66'West ' of `t3. _ Together with Wood Reservoir .Priority ,No 30 as of the date°of December 22, 1892;-_Wood Reservoir -Priority__ _ No. "54 as of the 'date of October 15, wood- Reservoir Refill Priority ,No. 136E as_,of the"date of- --- ember' 31,` 1916;` said' priorities ,heretofore'decreed _ n Civil Action No. 1591, in the-District Court in and for "Larimer:- County, Colorado, and Civil Action " ` No 11217, in. the District Court in and forriarimer County, Colorado; Angel Lake Reservoir Priority No. 13681 and Refill Priority No. 136D entered in Civil Action No. 11217, in the District Court in and for Larimer County, Colorado; Together with all water, water rights, ditches and ditch lights, reservoir and reservoir rights, seepage,, irrigation'and well rights appurtenant to the above described lands, lake and *, reservoir, including without limiting the generality of the foregoing, grantor's- interest in -seepage water and ditch rights from the Daisy seepage ditch, and the - - - •=p` exclusive right to all hunting, fishing, boating and all recreational privileges on said Wood Reservoir and Angel Lake, with full enjoyment thereof; - - Together with all right, -title, . and -interest of ,. grantor.Together. and -to all severed and reserved minerals , 4 lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all n ;,, such severed and reserved minerals. V: - - - . if y, ,'. .1-. ), -.-:.4!., 3' r na • RtcrN,e N^ B 1055 REC 01995383 01/15/85 17:05 - $15.00 1/005 A R1995383 — F 1222 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 WARRANTY DEED ^ State Doca.umentary Fee h sliTTERSRN 5 COMPANY. a Colorado Tim'ired 1parrnerahip Date.•tr "— ` :.a., 32� 8 I 'l'1 whose address is 705 14th Street, Greeley {{ ill ',c I@! II fdlllii till I': ? P• I� Ii 'County of ! 'I Welk 01i 1111 ''4 Stale of '1'44 ' ! i ;l Colorado � ' I ildete I tgn}ideration of N other good and valuable consideratiot and,;-the sun of ! TEN AND 00/100----- --.t)ollas inhandpasd$hekby,sell(s) ,,tl and convey(s)to NOFFSINGER MANUFACTURING C0:,;, INC:, a Colorado corporation whose legal address is- 500 6th Avenue; Greeley•"�, County of Weld ,..f I.and State or ,l i Colorado i the following real pmpeny-in the said. County of Weld • - ,and State of Colorado.to we: See description of real property on Exhibit "A" attached hereto and by reference incorporated herein, N together with 6.75'. shares of the capital stock!in the Latimer and Weld Irrigation 112 ! Company; 8.5 shares of the capital stock in the-Windsor Reservoir and Canal Company; 65 shared of the capital stock'in the Divide Canal and Reservoir Company; I 8 shares of the Lucas Lateral Company, reserving, however,.unto Grantor an undivided one-half interest in and to all oil, gas and other hydrocarbons owned by.Grantor, ;together with':the right of ingress and egressfor exploration, development and production of the same. I ail' .. ' aixdmswwbp mum am with all its appunenances.and wananl(s)to title to the same.subset to the exceptions and reservations ' set forth on Exhibit "8",'Attached hereto and by reference-incorporated herein. • Signed this 15th ! day of January `,�.19 85 ., 'f$IPi'FR9PN & rnnpairv'" a Colorado Limited.Partnership Mi aol Gutte sen. O neraj, diet STATE OF COLORADO. l f p't� ,y.e0+s County of Weld }ss. , 1 • i S I''"01.1,,..,0/1":% • .• antY rp The foregoing instrument was acknowledged before me in the said t',"t1.% wWg l- of Weld ,State of Colorado th ktlfiyii �,dAl y.0. _i. of January .19 85 .by Michael Guttersen, General.Partner of GUTTERSEN &-"" COMPANY, a Colorado Limited Partnership. �Q �� My'commission expires 12-1-86 1`4Gfs"y ' Witness my hand and official seal. hKs� 'w� Ir m Deosee,loser'ri.acid ! 91St 10th Street Greeley, CO. 80631. No.897.kn..541 I.Amts DEED loan tan, 9.MM.JPMnM{' lY;i.'(. W M1..2 roach -.;iin:lip.. SY. I 8 1055 REC 01995383 '01,'/ 5%85' 17:05 1.$7:5.00 2/005 • F 1223 MARY ANN, FEUERSTEIN CLERIC & RECORDER WELD CO, .Co EXHIBIT "A", • LEGAL DESCRIPTION - FARM NO. 112 ,A TRACT OF LAND LOCATED IN SECTION. 9,'.TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,-WELD COUNTY,'COLORADO BEING MORE PARTICULARLY. DESCRIBED AS FOLLOWS: , - COMMENCING AT THE SOUTHWESTfCORNER OF SAID SECTION 9 AflD CONSIDERING THE WEST LINE OF SAID SECTION 9 TO BEAR NORTH 00°-00' 00' EAST. WITH ALL OTHER BEARINGS CONTAINED HEREIN'BEING RELATIVE THERETO; THENCE NORTH 89° 35':! 16' EAST, 3648.21 FEET ALONG THE 50UTH LINE OF SAID SECTION 9 TO A POINT ON THE WESTERLY SIDE OFIAN.IRRIGATION DITCH AND THE TRUE POINT OF BEGINNING; ,.. THENCE ALONG SAID WESTERLY SIDE BY THE FOLLOWING FOUR (4) COURSES: NORTH 250 12' 00" WEST, 848.39 FEET;. NORTH 36° 10' 00" WEST, 645. 0 FEET;:: . NORTH 17° 39' 00" WEST,';256.90 FEET;--" NORTH 54° 17' 00' WEST, 242.40 FEET; L, THENCE NORTH 50° L31''.00" EAST,'61,90 FEET'TO AL POINT ONITHE.EASTERLY SIDE.OF NI IRRIGATION DITCH; THENCE ALONG SAID EASTERLY SIDE BY THE FOLLOWING FOUR (4) COURSES: NORTH 12° 48' 00" WEST, 593,50 FEET;! i • III NORTH 08° 07' 00" WEST,i 1305.60 FEET; NORTH 31° 13' 00" WEST, 161.30 FEET;:: . NORTH 06° 15' 00" WEST;233.4 FEET TO:A POINT ON THE NORTH EDGE OF AN IRRIGATION-DITCH; THENCE SOUTH 89°i 33' 00" EAST, 440.30 FEET ALONG SAID NORTH EDGE; THENCE NORTH OE° 03' 00" WEST, 405.00 FEET; tl THENCE SOUTH 87° 09' 00" WEST,221.3 FEET TO A'POINT ON THE.EASTERLY SIDE OF A ROAD; THENCE ALONG SAID EASTERLY SIDE BY THE FOLLOWING. FIVE (S)- COURSES: I NORTH 15° 49' .00" WEST. 82.30 FEET; NORTH 07° 39''00' EAST, 90.50 FEET; " - -p NORTH 29° 16' 00" EAST, 207.80 FEET.t ,I ra ' NORTH 20° 17' '001 EAST,429.30 FEET £ . ... f!� NORTH 41° 07' 00" ,EAST,' 239 I7 FEEI" TO IA POINT ON THE NORTH LINE OF SAID SECTION 9; THENCE NORTH 89 44"'o4" EAST.,2504 I;3 EJEET Td THE NORTHEAST CORNEROF SAID I Y SECTION 9: Y i(n . '� • ; THENCE SOUTH 00° 03' 05" WEST, '5274 40 FEET TO THE SOUTHEASTCORNER OF. SAID SECTION 9: �' I THENCE SOUTH E?° 35' 16' WEST, 1664.45 FEET ALONG THE SOUTH LINE OF SAID SECTION 9 TO THE TRUE.POINT OF BEGINNING; ' SAID TRACT OF LAND CONTAINS 312.777 ACRES, MORE OR LESS EXCEPT a parcel Of-land located'in the Southeast corner of said section 9, described as follows: ::Beginning at.the Southeast corner of said section 9; thence North along the East line of said section, 249 feet; thence West parallel to the South line of said section, 352 feet; thence South parallel to the East line of said.Section, 249 feet to the South line of said section;. thence East along said South line of said section 9 to the place . of beginning: as:.conveyed to Donald A: Carpenter and Evelyn W. Carpenter by Deed recorded in Book 1421 at page 376. EXHIBIT "A" • B 1055 REC 01995383 01/15/8Si 17:05 ;$15.00 3/005. F 1224 MARY. ANN FEUERSTEIN:'CLERIC & RECORDER.WELD CO, CO EXHIBIT "B" 1. Rights of way for county roads 30: feet wideon each side of section and township lines, as established l:by,order of the Board of County Commissioners for Weld County, recorded';October"14, .1889 in Book 86 2. Right of way for railway as now located ,p on theremises 400 feet wide, being 200 feet on each side of the.center of th'e_track, as reserved by The Denver Pacific Railway and-TelegiaphCompany .in the deed to, , James Duff, recorded March 26, ;1885 3n Book 46 St (Affects Wh of Section 9 ): 3. Black HollowSeepage Ditch, and any and all rights -of way therefore as evidenced by instrument filediwith: the Weld County Clerk. and Recorder, insofar as the same mays affect subject;property. (Affects W§ and NW:NE$ of Section ,9) 4. ..La Grange Seepage-Ditch, also known'as ,Feeder No: 2 to the Nauman Reservoir, and 'any and all rights!of:way therefore, as evidenced by instrument'filed with`:-the Weld.County Clerk.and Recorder;.Statement recorded December 30, 1926 in Boot' 781 at. Paga,{362r and Decree recorded October 9, 1953 in Book':1370 at Page.498, insofar' as the same may affect subject:.property: t ? d. , (Affects E1/2471/2 of Section 9 ) S. 5. Feeder No. 1 to reservoir ofi Highlands Valley Reservoir and Ditch Company, and any and all sights of way therefore,'as evidenced by instrument filed with the Weld 'County Clerk and Recorder,. insofar as the same may affect subject property. (Affects Er.NWk, NEkSW$,, NWkNEk and WIISEh of Section 9) 6. Eaton Investment Company'Read Gate and Ditch, and any and all rights of way therefore, as evidenced.by Decree recorded October 17, 1953 in Book 1371 at: Page 523., insofar as the same may affect subject property. t. 7. Easement and right of way for pipelines for the transportation of oil,. I '. gas or any other liquids or substances, AS. granted to Colorado Interstate Gas Company by Eaton Investment Company-by Right of Way Agreement recorded July -18, 1955 in Book 71424 at'-.Page 403, which easement and right of way has=been limited by.Agreement between Colorado Interstate Gas Company and Michael R. Furbush and Michael Guttersen, as joint independent co-executors of,;the Estate of William E. Vogler> deceased, and:Michael Guttersen and The.First National Bank, of Greeley,.,Colorado,_ designated as'Co-Personal:;Re- presentatives of;,the Estate of Grace,E._..Vogler, ;deceased, recorded � I: .-August 31, 19B1. in Book 946 as Reception No. 1867829, to the following . I. described property: 1r', A strip of land,, 70 feet!in width throughout, located in Section 9, Township 6 North,'.Range,66 West, the centerline of which is.described as follows: Beginning at a point on 'the South property line of Section 9, 6 North, 66 West, which point. is 805.5 -feet in a'Westerly direction: with and along said South property line from the .Southeastcorner of said Section 9; thence with and along the centerline of said F right of way and easement, 70 feet in.width, N0°37'W a distance of 2,689 feet to a point;. thence Ns°43'W+a' distance=of 1,177 feet to . a point; thence N3°08'W a distance of ;1,415 feet to a point -on the North property line of said section.9, which point is 991.5.feet in a Westerly direction. with and alongfsaid,Northproperty line from the Northeast corner of- said 'Section9,,.6,North, 66 West. _ 8. An undivided 4 of: all oil gas and"other minerals.-now owned by the grantor, as reserved by:The Eaton;Investment company in the deed to Imperial Farms,:,Inc., recorded May'2, =1957--in Book-1476 at Page . 558, and any interests:.therein or Fights thereunder. DUUBIT "B" ,(Coned) • B 1055 RFC 01995383 01/15/es 17:05 $15.00 4/005 F 1225 MARY ANN .FEUERSTEIN :CLERK 6 RECORDER WELD CO, CO 9. An undivided y of all oil, gas and other minerals'and/or mineral rights now owned by grantor, as reserved by Etchepare a Kemp Land Co. , Inc., in the deed to Lake Fa ts, 'Inc., recorded February 25, 1958 in Book 1497 at Page"318,J and'any.interests therein or rights thereunder. 7 (Affects Easterly portion of Section 9) 10. Oil and gas lease between Michael duttersen, Michael R. Furbush,.'and Henrietta L. Guttersen, as co-personal representatives of the estate of W. L. Vogler, and Michael Guttersen and The First National Bank of Greeley, as co-personal representatives of the estate o£Grace L. Vogler and Black Hawk ResourcesCorporation, dated November 30, 1981, recorded February 5, 1982( in Book 960 as Reception No. 1882203, and any interests thereinor".rights thereunder. 11. Easement and right of way for a pipeline "pig' receiver, a block valve assembly:and all other necessary and related facilities.' as granted to Industrial Gas Services,,?Inc. by Michael Guttersen and First-Nationals Bank. of Greeley'JCd-,Personal Representatives of the Estate of Grace :E. Vogle4,.-and Michael Guttersen, Henrietta L. Guttersen and Michael R. Furbush,,asl :Co-Personal Representatives of the Estate of William ,L. $>the instrument:'.recorded May 27, 1982 in Book 968 as Reception No.i 1892919, affecting the following described property: A ' , >: i ,.' A tract of land:,in the NEL of Ithe;$Ek of 'Section 9, Township 6 North, Range 66 west, more pSticularly described as follows: Beginning at a point which is 98,55 feet from the East line of Section 9 and 26.0 feet from the North -line-of Section 9; thence traversing . SO°48'48"E 50.02 feet to a point: thehce; S89°09'43"W 77.99 feet to. the True Point of Beginning; thence:1400°50'13°W 49.99 feet to a point; thence 589°08'26'W 30.0 feet to a'1�pbjft;',."thence S00'50'13'E 49.99 feet more or less to'a point; thende(-N89.09'43'E 'a distance of 30.0 feet more or less to the True'Point,of Beginning. 12. Easement and right of way for a natural gas meter and regulator -facilities, pipelines„ odorizatione faciliities,. cathodic protection facilities and all other :necessa±y'and'.related facilities for use in connection with Second Party's':natural,'gas pipeline as granted to Colorado Interstate Gas Company, a Delaware Corporation by Michael Guttersen, Michael R. Furbush.and:Eenrietta L. Guttersen, as Co- Personal Representatives of the Estate of W. L. Vogler, and Michael Guttersen and The First National Hank:of Greeley, as Co-Personal Representatives of the Estate of:Grace;;L. Vogler,_.in the instrument recorded February 25, 1983 in Book 989 as Reception No. 1918538, affecting the following described property: - _ ,I : A tract of land in the NEk of the NE} .of.Section,9, Township 6 North, Range 66 West, more particularly described as.follows:.. Beginning at the Northeast cornerof'said Meter Station Site, which point is 985.5 feet from the East line of. Section-:9-and 26 feet from the North line of Section 9; :thence'traversing.S0°48'48"E _ . 50.02 feet to a point; thence S89°09'43'W 79.99 to a point; thence NO°50'13"W -49.99 feet to a point; thence N89°08'26'E 80.01 feet to thepoint of beginning..;.. I - '., 13. Oil and gas lease between Guttersen 6 Company, c/o'Michael Guttersen and Cache Exploration, Inc. dated December 3, 1904, recorded December !, 13, 1984 in Book 1052 as Reception No. 01991944, and any interests therein or rights thereunder. 14. Oil and gas lease between Guttersen 6`,Company, c/o Michael Guttersen, and Cache Exploration, Inc. dated December.3, 1984, recorded December 13, 1984 in Book 1052 as Reception No. 01991945, and any interests therein or rights thereunder. 15. Oil and gas lease between Guttersen 6 Company, c/o Michael..Guttersen. and Cache Exploration, Inc. dated.December 3, 1984, recorded December 13, 1984 in Book 1052 as Reception No. 01991946, and any interests therein or rights thereunder. 16. Oil and gas lease between Guttersen; 6"Company, C/o Michael Guttersen and Cache Exploration, Inc. dated December, 3, 1984,:;recorded December 13, 1984 in Book 1052 as Reception.!No. 01991947, and any interests therein or rights. thereunder. •i � • B 1055 REC 01995383 01/15/85 17:05 $15.00 5/005 • F 1226 MARY.ANN FEUERSTEIN CLERIC S RECORDER WELD CO, .CO EXHIBIT "B" (Cone') 17. Easements and rights-of-way now established on said`property not reflected in the public records-but ascertainable-by'a,physical examination of the property, if any. - , 18. The 1985 real property taxes and1 1985 water stock1'or ditch assessments. - ,r yt�� ,' # # # 4f I , { 10fOrtil ;+ lipta 4Sf'St14 ir f1L, B 1074 REC 02015107 06/28/85 '09:46. $6df0 "`.1/002 AR2015107 I F 1660 MARY ANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO Retdrde4.0611 D II 'THIS DEED, Made this 27 day of June . 4 ff 1985 ,between NOFFSINGER MANDFACTDRING CO., INC. ': t •rx, 'I. 500 6th Avenue, Greeley 1' a corporation duly organized and existing under and by virtue of the Hws j sstateR+•r iarii V• Fee I r p of the State of Colorado. of thefintpart.and Y`_' . • ) !. PATRICK L. McNEAR and GENE W. OBLANDER S y'�, 1212 8th Avenue " .! Greeley -of the County of Weld., and;state o! Colorado ofthe second pert: as tenants in, common. for and Iq'eomidentlsn of the sum o! WITNESSETH•That the said party of the firskpart' , DOLLARS, OTHER GOOD AND VALUABLE CONSIDERATIW AND TEN ($10 00)-- to the said party of the first part in hand paid by the said parties . Of the second part,the receipt whereof is here- by confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presorts doth'grant,ban of the second'pdt, r. their heirs,and assigns fon•.gaiever,sell,all of the9andmngrde¢ramtl parties prce , of lard,aitate,lying and belephrthe_; ever,yof the following duceibed lot or D Gad County of Weld test State of Coieeade torn! A tract of land located in Section 9, Tawnship'.6 North, Range"66 West of the 6th P.M., Weld County, Colorado and being more particularly described as follows: Beginning at the Northeast corner of said Section 9 and considering the East line of said Section 9 to bear South 00'03'05" West'with all other bearings contained herein being relative thereto; Thence South 00e03'05" West, 1301.26 feet; Thence South 89'17'-16'' West, 2622.04 West, e ;. feet to a Thence 08°03'00" West, 405.00 feet; Thence South 8709 point on the Easterly sideof a road; Thence along said Easterly terly 07'39'00"e y East,following five courses: North 15'49'00" West, 82.30 feet; East, 90.50 feet; North 29°16'00" East, 207.80 feet; North 20"17'00" East, 429.30 feet; North 41°07'00" East, 238.17 feet to a point on the North line of said Section 9; Thence North 89'44'06"- East, 2504.13 feat to the Northeast corner of said Section 9 and the Point of Beginning. Together with 2 shares of the capital stock of the Larirler and Weld Irrigation Co.; 19 Shares of the capital stock of'the Divide Canal and Reservoir Company; 2 shares of the capital stock of the Lucas Lateral Company (See attached legal description) 07 06/28/85 • 09[46. $6.00 2/002 B 1074 REC 0201151,,,_ RDER WELD CO,'CO F 1661'MARY ANN,FEurittE 'EINiiCLERKI .il R€�4 the hereditament,and appurtenancesthereinto:belonging',or in anywise rtainl g,sa with all and or revlar tents,issues and.profits thereof;-and::all the estate, @° either in law or egdtr,of,la appertalning,and the reversion or mar'da d whatsoever the said party of the first part, right,[the, boveeba claim d and di vnd to the above TO premises with the above hereditament and and desc bed,with the app_-- L°°unto the TO tiesE AND HOLD the said heir above bangle s@ forever.And the aid `.' said parties of the second parttheir. FACeirs TUd assigns GCO., INC. . . NOFFSINGER MANUFACTURING. C partyofthefirstput,foritself, bargain.and agree to and with the said parties.. of the second Part,. and its successors,their soan as.gnpresents it Is wall i � Cheirhein and assigns,that at the time af.the sealing and delivery of these °'a� seized of the premises above conveyed,a'of a geed.sure,perfect.absolute and lndcfeaaible estate of Inheritance,in tolaw,a fee end o,and bath , night, power m and ee1 authority molt.bargain,sell and convey the same In manner and form aforesaid,and that the same are free and clear from all former and other 6rasta,bargain', isles,lime,taxes,assessments andineumbrances of whatever kind ornature easements,—restrictions,ar; ,. EXCEPT the general taxes for the year ,985,conditions, and leases of record or use. rights—of—way, covenants, • reservations, righC of the said Parties of the aced part and the above bargained and asstpremises , the st at'end peepers possession, claiming orDW DEPEND. whole 'son or WARRANT Inlay FOREVER +,anda°°ig°°.of°R+fh'de meg will WA1LANr be nannnta or any Part eSfWH RE party,T 'bath caused its:corporate name to IN WITNESS WHEREOF The said party of the}Ira[part atleatedby its '... subscribed by Hs , President,end its corporate meal Lobe hereunto atfBted. Secretary.tbodah�ad1tek tabovewrl/ttttJJJJa. .� '.. zee - .{::v �19B�.HECI_llA4.lt >~GPa....JA.C.,__-- • f Y/ } 1-// eseetav RY>1 % prw4ot „ . WELD _ I :..ct,,-., n G;.Odntr0 07 1 w" day o! Jtme ' . �.. Theeftsegeia��ins1tmount was aelmowple�dged before me this a President and 1985 by /roadmr:.W• IVo'ifr'^%� pa Secretaryof c e 2a��N,qr/m.•. q y,L a mrpontloa :'•tl 1I I°4 '' l�°Bins'Mnotarlal eo� on pe:fit MY..� on2 JJune ri987. • • ,.....-,.,,,nlrs4eanr m___ g d • • • • 482065451 eda B 1124 REC 02065451 08/18/86 16:42 $6.00 1/002 ,.nlinnt F 0894 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO sQ- Quit aim/Deal, .&> THIS DEED is a conveyance from the Individual(s), corporation(s) or other entity(les) named below as GRANTOR to the individually)or entity(les)named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor. (Dim nemests)and pleats)of residence.H the spouse of Me owner-granter Is Kilning In this Deed to release homestead rights identity grantors as husband and wile.) Gene W. Oblander 812 49th Avenue Greeley, Colorado Grunte*: (Give name(s)and addressles),statements of address.Including available road or streel number,Is required.) Patrick L. Ncioar 1212 8th Avenue Greeley, Colorado Form of Co•Ownershlp: III Mem are two or more grantees named.they will be considered to tales is tenants In common unless the welds-in Mint tenancy"or words of Ina same meaning are added In the spate below l Property Description: imams county end stale 1 A tract of land located in Section 9, Township 6 North, Range 66 West of the 6th P.N., Weld County, Colorado end being more particularly described as follows: Beginning at the Northeast corner of said Section 9 and eoaaidering i the East line of said Section 9 to bear South 00'03'05" West with all other • .y; bearings contained herein being relative thereto; Thence South 00'03105" West, 1301.26 feet; Thence South 89'11'16" West, 2622.04 feet; Thence North .� 08.03'00" West, 405.00 feet; Thence South 87'09'00" Nest, 221.30 feet to a e. t. point on the Easterly side of a road; Thence along said Easterly side by the following five courage: Korth 15'49'00" West, 82.30 feet; North 07'39'00" ,ai East, 90.50 feet; North 29'16'00" East, 207.80 feet; North 20'17'00" East, 429.30 feet; North 41'07'00': East, 238.17 feet to a point on the North line of , .f • said Section 9; Thence North 89'44'06" East, 2504.13 feet to the Northeast corner of said Section 9 and the Point of Beginning. Co.; with 19 sharers of the she of the capital stock of e l and capital stock of the DivideCendand Re ervoirrCompany rigation ' ' 2 shares of the capital stock of the Lucas Lateral Company ' a e • B 1124 REC 02065451 08/18/86 16:42 $6.00 2/002 F 0895 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO Property Addrnf: n o Reserv.tlona.Resltictlonf: ditty GRANTOR intends to referee any Interest In the properly or to convey b»manna • owns,or al IM GRANTOR I,restricting the GRANTEES right in Ise property,make appropriate indication I /� 3 F.rculMMrM 6r.nIpM I,'.lvC VY I I ate o monster•cues*kw C,.wM.w4 PI.. lea or AaawLL.. Straws Cl.,..`y. /r.1: Warr.et Gamier capMMge•••"••••an,a•wecwgn nranmr 9y ar Clamor mint O.amw STATE OF COLORADO COUNTY OF V/AIL fs •..°4.601sae YJ inc ror.gp.rq rn.r•um.nt wit acarq.VOay eMye Ma IM p 8,• Cr eKe. 0BL/4NDER /I epw MekRrdhe;.,•••••• . "t, WITNESS we AIM and mtCul w/ p Skll Mr eemMw.wn......: Ay CCI:::;!c-C p:ms Jano 9.1987. qw A r • v STATE OF Ian N%a COUNTY OF I as 1 •., •�O TM m.t•_Mnl n 5PM.vepp BOO'.n.. OF a,• ..m @ ,{j locrow q . •Yti • t•name.ner.awtantalsi..IGalnwr CCpppaton Pao m..fl OfAFwcwa..Iengn4A..g•w•a npw.e.Me..•c.a.a.eiM..tlwcr.ury er wvnnl wcreury of cwMwton.M n pennons.w p.Mv&..a.w Al.MM...d nynoww M c.wcwtm I WITNESS my n...and*MAUI war My cemmr..bn Flaw FAO. lWI. sit. EEFF.rooms Coma O I0 Boo wn3 OFF., co:o.aeo MOM �✓) IJOJt nc.c)w NO 203 EXHIBIT February 5, 2001 � Board of County Commissioners 915 10th Street Greeley, CO 80631 RE: Recorded Exemption No. 2946 Dear Commissioners, I have been a licensed Real Estate Broker and a member of the Greeley Board of Realtors since 1977. I have specialized in the sale and appraisal of agricultural property and water rights for the past 20 years. I have been the owner and designated broker of Scott Realty Co. since 1993. During my real estate career I have always been proactive as to the needs of our agricultural community by making effort to educate the consumer as to the importance of zoning issues and to help users become operational as to the intent of the zoned district, etc. In addition to the real estate industry I have owned and operated at one time as much as 1,060 acres of flood irrigated farmland in Weld County. Currently my farming operation consists of approximately 400 acres irrigated farmland. The past several years have plagued much of the production ag industry with weather and price adversity. Based on my own personal experience as well as conversations with others one of the greatest problems as shared by many other businesses is the inability to hire the quality of employee that either possess the skills or the desire to be productive today. Faced with these problems the efficiency factor of making farmland produce becomes even more important today than in the past. The subject property (RE-2946) is what I refer to as the north 80 acres of the "home" unit of my current farming operation, which consists of 210 acres mil. I have made many improvements to this unit over the past 16 years. In doing so I have recovered 8 to 9 acres of production that had been lost to a large drainage gulch about 60 feet wide and 20 feet deep caused by many years of erosion from tail water. Production of this parcel was claimed by filling the gulch and grading approximately 30 acres to change the contour of a parcel which irrigated 5 separate fields all with point rows, much down slopes of up to 5% grade. This was transformed into an 80 acre parcel over %z mile long with '/ mile irrigation runs all under 2% slopes. Efficiency was further increased by implementing a %2 mile cablegation system with a recovery pit and return flow pipeline which recovers water from about 130 acres of land. The only means left to increase efficiency is by elimination of non productive acres. Over 1/4 of the proposed 20 acre lot A is non productive land and is situated in a manner that it can not be removed without taking the entire proposed parcel. The non productive land must be farmed through to benefit from the more productive acres. The net result of this practice has proven to be additional risk and resources to break even at best. Therefore, it is my desire to eliminate the non productive portions of my farming operation at this time. 1 RE: Planning staff concerns, 1. A. According to the USDA Soil Conservation Service Maps, the proposed lot A consists primarily of Fort Collins loam 1-3% slopes and Kim loam 1-3% slopes. These are typically fairly productive soil types. However, due to the slopes associated with this property average yields are diminished by 10 to 20% as per USDA soil survey yield tables. In addition to grade the property is situated on the north slope of a hill where the drainage basin lies to the south of the hill. On this particular property there exists a sandstone or shale formation (which carries the flow of shallow aquifer) and becomes quite close to the surface. This then causes lower lying areas of this soil to become saturated with ground water. Therefore, the soil retains a high saline of salt content which renders the soil non productive. This is the case with over '/2 of the land lying within the boundary of proposed lot A. Therefore, creation of lot A will not take 20 acres of prime farm ground out of production. USDA maps are fairly accurate tools for identification of soil types in a general area and they do not always take into consideration all factors effecting all lands. Physical inspection and lack of production over years will prove otherwise. 1_A. 1) My goal is also to preserve prime farmland for agricultural purposes. The term agricultural purposes seem to have broadened somewhat in recent years with recent demand for specialized livestock and equestrian operations which can benefit more from the use of this type of land. These are still agricultural uses that in my mind satisfy agricultural purposes. 1.A. 2) Creation of the parcel would not negatively impact the agricultural community as the site has proven for many years to be non productive. In fact it will help maximize the efficiency of my farming operation and hopefully create potential to generate revenues by providing custom operation service or other services to a different user. 1.A.3) I currently rent $4,000.00 to $5,000.00 of stored water rights annually for irrigation of this unit. Irrigation of pasture lands or similar uses are much less intense water consumption than row crop. 1.A. 4) I have owned and operated several farm parcels over the past 20 years and have not made a practice of creating non ag entities, but instead have improved the appearance and increased productivity. The current farming operation of this farm is about 400 acres. Whether it is 400 acres or 1,000 acres it would not matter if the productive portion of the subject was 60 acres or 80 acres, nor would that have any effect on the equipment or management practices. What is important is the elimination of the part that is not profitable. 2 . 1.B. 24-1-30.H As stated previously this 20 acre parcel is not prime farm ground. I would prefer to see this type of parcel accommodate the needs of a separate lot or alternative use than a site that actually is prime farmland. The Planning Staff had offered to allow approval of a site that is 15 acres. This would be good if it solved the problem, but it does not. There are several reasons for which I proposed the parcel as I have. A 15 acre parcel would be approximately 1320' x 528' where a 20 acre parcel would be approximately 1320' x 660' as shown on my sketch. This puts the westerly boundary straight in line with a well head and access road. The tank batteries and separator are located west of this road along the north end of the property as well as a facility utilized by Colorado Interstate Gas Co. for maintenance of their two high pressure gas lines which run through the property. This is a good placement for a boundary for access, farming and drainage from the parcels. Most importantly is that the poor soils extend all the way to this point. 24-1-30.J Severance of the parcel would promote the most productive agrarian use of the property whereby it could be utilized for those benefits that would better serve another more specialized user as opposed to the burden that it puts on the current operator. Also, this is my home and I have no intent of changing that. (If the good Lord is willing.) I feel qualified and quite capable of protecting the future of this property and whatever impacts positive or negative on myself and my neighborhood. 24-1-30.K I have made the irrigation practices on my home farm unit as efficient as I can. I still rent additional stored water to complete the season. I also serve as an officer on the board of directors for one of the mutual irrigation companies which supply water to this farm and this concern is shared by all of us as well. I hope that I have been able to address any of the concerns that have brought me here today in this letter. Thank you for your consideration. erely`� Patrick L. cNea r 3 Hello