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NoPrgoQ 9 1 d1 i x [ c 7 0 1a A G I" of r F c2417 j— 3SSyy • DEPARTMENT F ENON NIN ERVICES WILD0 ADMINISTRATIVE REVIEW COLORADO Applicant: Richard Bulthaup RE-3200 Planner: ko • Legal Description: Lot B of RE 1516, being part of the E2 NE4 Section 6, Ti N, R68W of the 6TH • • P.M., Weld County, CO • Parcel ID#: 1467 06 00034 Lot C Size: n/a Lot B Size: 76+/- acres Lot A Size: 14+/- acres Water Source: Left Hand Water District Sewer System Septic t Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with the Recorded Exemption Standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: (/ 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 ,U ,� of Planning Services, the building envelope shall be delineated on the plat. All building Q . envelopes shall take into consideration setbacks from oil/gas structures as required by Section (LL fil‘ D0 23-6-10 of the Weld County Code. q-1G J/ jss� D ) • • B. The plat shall be titled: Recorded Exemption No. 1467-06-1 RE-3200 C. In accordance with Chapter 8, Article II of the Weld County Code, Lot A shall be granted one ciikNIE residential/agricultural access. Direct access from a public road shall be limited to one access ,,ruoiQt per legal parcel for residential use, no circle drives or additional accesses shall be granted.The o'' road shall be graded and drained to provide all weather access. Accesses shall be placed in 5 such a location as to have adequate sight distance in both directions, shall not be placed below 'the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. D. Lot B shall use the existing agricultural /oil and gas /ditch road access points necessary for ,/ agricultural operations as no additional accesses shall be granted. E. 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 road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. (State Highway 52) Please contact CDOT to verify the access permit or for anya 9L additional requirements that may be needed to obtain or upgrade an access permit to Lot A. 0 j25.0 RITC G. The applicant shall provide to the Weld County Department of Planning Services a copy of the j4 access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 52, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). H. The applicant shall attempt to address the requirements (concerns)of the Mountain View Fire J Protection District as stated in the referral response received October 3, 2001. Evidence of f j/2(° such shall be submitted in writing to the Weld County Department of Planning Services. I. The applicant shall address the requirements of Weld County School District RE-1J as stated i....<;Z(a ( ' in the referral response received October 4, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall provide the Weld County Department of Planning Services with a certificate�i i 124 O. from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. i` K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset �1 requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All construction or improvements occurring in a geological hazard area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code. `-v4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code, as recommended by the Mountain View Fire District. �7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. J 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. �9) Effective December 1, 1999, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. (Chapter 20, Article II of the Weld County Code) X10) Prior to the release of building permits on Lot A and Lot B,the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 311) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County • 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 Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fee. 4. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By • BDate October 19, 2001 Kim Ogle . Planner III WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVIC 1555 N.17T"AVENUE -y" GREELEY,CO 80631 PHONE(970)353-6100,ExT.3540-FAX(970)304-6498 DATE: 7/)/ /7 20 a/ RECEIPT J i E C' RECEIVED FROM: //7;///// / .Y//7/A '7.- /J NO. TYPE FEES 4221 -RE/SE 9744) 4221 -ZPMH 4221 -USR • 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS - 4430-POSTAGE • 4430-COPIES "' 4730-INVESTIGATION FEE 6560-RECORDING FEE • MISC. /7041 O CASH Q6HECK NO: / 7/9 TOTAL WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVIC 1555 N.17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100,EXT.3540-FAX(970)304-6498 DATE: I( , 20 O\ RECEIPT 4', j 7 8 7" RECEIVED FROM: f5(JL--t)k ti NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730 Jyy.6SFIQA110N.E€E -RECORDING + C-- MISC. O CASH HECK NO: a TOTAL 8Y: ,, WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • 0 Plat Checklist POC Planner 1 Item Comments Check Check Proper size of plat 24"x 36" or 18" x 24" 1/ Boundaries of Lots L.------- --.j --3-3,}016 ' Scale Suitable Scale? (Approximate': =21+' or 1"=100') .-----.1 `� b�NT Accesses indicated Shared Access?If so. is easement Certificate included? tl. Roads labeled,including v1/4.)Lg. 3 �� �I II Building Envelope(s) (Ak )1 Vicinity Map Suitable Scale? ((Approximately 1"=2000') ' f I Lc') North Arrow I l �/ Legal Description I 9 ‘ '. Notes from Planner. f Development Standards Conditions of Approval /�E I \ / 2J-' t Q. v Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if l7 , Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub. Final) l ( / Certificate t�l Board Certificate (USR, COZ„Minor Sub Final) � ( (Final PUD,RE, SE&ZPMH if Board approved) (� I h Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N I I Easements L l�f /1 Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call. e. ' nitials) Planner Signature: Date: SEP-14-2005 WED 07:56 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION REGION 4 TRAFFIC •! 1 O 1420 Second Street _ _ Greeley.Colorado 80831 (970)350-2148 (970)350-2198 fax ATTACH TO PERMIT#403026 LAST EXTENSION Access Permit Extension Permit#403026 SH 52A/MP 8.050/LT Weld County April 27,2005 Richard Bulthaup 2780 W. 149th Avenue Broomfield,CO 80020 Dear Richard: In reply to your written request,this letter will be your authorization for the final extension of Access Permit#403026,located at MP 8.050/RT,west of Damao. The_permit is hereby extended until March 26,2006. Sincerely, ?jou.a.1-64g-r-12:11-/--- Gloria Hite-Idler Access Manager (970)350-2148 xc: Permit File Applicant Staff Traffic Mtce Patrol(2) 91/49 —/9'-- 3zoa —23v� C2- 3 40 cu Z' 62/ ' , ' /64 SEP-14-2005 WED 07:56 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 04 COOT Permit No. COLORADO DEPARTMENT OF TRANSPORTATION 403026 . • SH/S/MP STATE HIGHWAY ACCESS CODE 52A/008.050/R Local Jurisdiction NOTICE TO PROCEED Weld County Permittee(s): Applicant; Carolyn Bulthaup Richard Bulthaup 620 Highway 52 2780 W. 149th Avenue Erie,CO 80516 Broomfield,CO 80020 303.828-0136 3034654979 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction,or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning Is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None • Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By '4t4Q " /� Date (X) i [ �G� -- A554 Ac ass 3/24 f a3 Copy Distri• I. . . tired 1.Region Permit files 2.Staff Access Section. As needed:Local Authority, Patrol, Inspector Form 1285 84 SEP-14-2005 WED 07:56 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03 COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 403026 State Highway NotMp/Slde 52A/008.050/R Permit fee on Date Region/Section/Patrol transmittal .. Regioection/Patrol Local dutsdlaiOn yet(ot 0 ?0 ' 03/26/2003 04/01/09 Weld County i The Permittee(s); igs, Applicant Ref No.2003 Carolyn Bultlaaup l.: Richard Bulthaup 620 Highway 52 n 5)Do 2780 W. 149th Avenue Eric,CO 80516 Line C> Broomfield,CO 80020 303-828-0136 303.465.4979 is hereby wanted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used In acmSana with this pemdt,kndudkig the slam Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the pew amass and its use violate any pads of this permit.The issuing authority,the Deparmmnt and their duly appointed agents and employees shag be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is located on State Highway 52,a distance of 264 feet east from Mile Post Son the south/tight side. Access to Provide Service to: • Single-Family Detached Sousing ,6 Each 100.00% Q--- fir:4z Other terms and conditions: . *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Date Title By (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the teens and conditions of the permit prior to being used. The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation in Longmont at 303- 4424382 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the penMpee must be the owner a legal representative of the properly served by the permitted amiss and have full authority to accept the perms and Its mans and oondltioru. Permit tee • Date a � w/O (X) lX This permit is not valid until signed by a duly authorized representative of the Department COLORADO DEPARTMENT OF TRANSPORTATION By Date(of Issue) Title (x) 4OUt14.(Q9.- I Cl.,_. 3/n 03 Assistant Access Manager COPY Make copies for. Preview editions ate obsolete and may not be eat err. Local Autbodly blotter COOT Form 1101 area 2.Ppimraant MICE Peed Traffic Engineer aster Pass Seddon SEP-14-2005 WED 07:56 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 05 COLORADO DEPARTMENT OF TRANSPORTATION Issuing aunwdtapplication c" naueptanca dada: STATE HIGHWAY ACCESS PERMIT APPLICATION 3/xol Instructions: - contact the Department of Transportation or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form(some questions may not apply to you)and attach all necessary documents and submit it to the issuing authority.Submit an application for each access requested.- if you have any questions contact the issuing authority Please print or type " 1)P ity owner(Pemdttee) k A 2)Applicant street Malty ow — street. as.qty Este. alcso w . i4gt"_k►c fret slate Rzip° 'doI (ostates R O+o ��(a5-4i 3)Address of propety robe served by permit(d Ivi3wn) 4)legal description of propery: was Wed I l"°d J id -am to I ' LI N I "• (0S(W - 5)What state highway ars you requesting access from? 5a 6)What side of the highway 0 N li(S O E O W 7)How many jest is the proposed access from the neaarresstt mile eppost? How many feet is the proposed access from the nearest cross street? 11 feet(circle: N SG.W )frow `,J..!5 - - feet(circle: N S E W )from: 8)Check here if you me requesting a O new access U temporary access ❑ improvement to existing access pa,change in access use Q removal of access 5)Wbat is the approximate date rou Intend to ben _ to)Do you have knowledge of any State Hgiw�ay access permits serving this property,' r� or adjacent t (ties in which h chyor,permit date:interest O no )4 yes.If yes-what are the permit nurnber(s).: L4 11 a I(/010/0 I 11)Does the props owner own or have any interests in any ad)acant property? CI no es, if yes -please describe: Proper-4-9 iv Mc vs_54-, Verde,e,us di ideas bi cat pr oat" 12)Are there atherexistFg or dedicated pubk streets,roads,highways or access easeements birdieing orwh 'n the properly? not in11)tttit ac ❑ no 1p(yes.if yes-list them on your plans and indicate the proposed and existing access points. uR 3 13)11 you are requesting commercial or industrial access please t�e�and number of businesses and provide the goof area square footage leach. business business square footage I 1 I I 14)If you are requesting agricultural field access-how many acres will the'ecceca serve? IS)If you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units? type number of units type number of un . &itj\Q 9≥rm; Iy I ' 1 I 16)Provide the following vehicle count estimates for vehicles that wig use the access. the property then returning is two counts.Indicate if your counts an O peak hour volumes or $average dally volumes. ddVeP+ager ni.and W*Ohre /d mei elk wuek. .ar...WIGS ♦ 4.inaewevale**n..,.rd are( '0of fang waY.a. d *wirer* •3 Total count at au vehicles }ryA.,J - 17)Chedcwith the issuing authority to dstennine which of the following documents are required to complete the review of your application. (plans should be no larger than 24'x 367 e) Property map indwting other access,bordering roads and streets. a) Hghwayanddrvewayplanprfle. 1) Proposed access design b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. c) Map and letters detailing utility locatons before and after h) Signing and striping plans. deva)opmentin and along the rightol-way. i) Traffic control plan. d) Subdvislan,zoning,or development plan. i) Proof of suability insurance. ._ ___ ---. o 1-;,.,..,ad to unit it will state the terms and conditions for its use.Any changes in the use of the permitted COLORADO DEPARTMENT OF TRANSPORT CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 401124 State Highway No/Mp/Side 52A/007.930/R Permit fee Date of transmittal RegiorVSection/Patrol Local Jurisdiction 100.00 11/20/2001 04/01/09 Weld County The Permittee(s); Applicant; Ref No. 2001 Richard Bulthaup SAME 2780 W. 149th Avenue Broomfield,CO 80020 303-465-4979 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is located on State Highway 52,a distance of 4,913 feet east from Mile Post 7 on the southlright side. Access to Provide Service to: Single-Family Detached Housing 5 Each 100.00 Other terms and conditions: *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation in Longmont at 303- 442-4382 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Perini Date (x) 1 ,(/24/6I This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION ay Date(of issue) Tide ( ) polka_ _�Q )�/ZL( 0 Assistant Access Manager Copy �budon: Required: Make copies as for. Previous editions am obsolete and may not be used \�l' 1.Region Local Authority Inspector COOT Form 8101 8/98 2.Applicant MTCE Patrol Traffic Engineer 3.Staff Access Section • • Richard Bulthaup 2780 W. 149th Avenue Broomfield CO 80020 (303) 465-4979 November 26, 2001 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE-3200 Please accept the following in response to the conditions set forth by the Weld County Department of Planning Services Recorded Exemption Administrative Review. 1. Any future homes will require a Weld County septic permit and will be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. A. Both lots A and B had water rights removed by previous owners, and are no longer considered prime agricultural lands. Instead of a building envelope for lot B, I have included a copy of the dry up covenant with the city of Lafayette, Colorado that prohibits us from irrigating this property. B. The plat is titled: Recorded Exemption No. 1467-06-1 Re-3200. C. Lot A is granted one residential access point. D. Lot B will use existing access points. E. All access points are clearly shown on the plat. All access points have existing culverts. F. We have signed and returned State Highway Access Permit(#401124)to the Colorado Department of Transportation(CDOT)and paid their$100 permit fee. G. We are waiting for CDOT to return our validated permit and we will comply with any requirements of CDOT concerning access to State Highway 52. H. We have read the referral response from the Mountain View Fire Protection District and agree that any future buildings on either lot A or B must adhere to the requirements set forth therein. I. In response to the requirement of Weld County School District RE-1J,we have paid their$645 cash-in-lieu contribution fee. Enclosed is a copy of the receipt. J. Enclosed is a copy of the certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. K. The required notes are placed on the plat. 3. Included is a paper copy of the Mylar plat for your final review. Upon your approval,we will submit for filing the final Mylar plat along with the required recording fee. 4. We believe that all the Conditions of Approval have now been met. Sincerely, .eteAsed Richard Bulthaup Kim Ogle RE 3200 rtf Page 1 tt #4"ir 1 E COLORADO Memorandum TO: Kim Ogle, W.C. Planning DATE: October 11, 2001 FROM: Jo Peden, EH Services CASE: RE-3200 APPLICANT: Bulthaup, Richard 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 systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Prior to the release of building permits on lots A and B, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3200.rtf St. Vrra V Valley School District October 1, 2001 Kim Ogle Weld County Department of PlanningServices 1400 N. 17th Ave. Greeley, Co 80631 RE: Richard Bulthaup Two Lot Recorded Exemption{Lot B of RE-1516 being part of the E '/3 of the NE 1/ of Section 6,TIN, R68W1 Dear Julie: Thank you for referring the Richard Bulthaup Two Lot Recorded Exemption to the School District. From the information in the application it appears that this recorded exemption will add one more buildable lot with a student impact of 1 student upon the School District. Students from any residential units in this area would attend Erie Elementary and Erie Middle/Senior High Schools and bus transportation would most likely be provided for the site. The capacity and enrollment information for the affected schools is identified below: This Proposed Development Cumulative impact of this Development with projected 5 year growth for this feeder Building Sep. 01 Student Projected Percent of 2005 With proposed 2005 Capacity Enrollment Impact Enrollment Capacity projected development capacity Elementary 456 493 1 494 108% 738 1232 270% Middle/Senior 618 578 0 578 94% 801 1379 223% Total Projected Students 1 1539 The Board of Education has asked the District planning staff to now review all development referrals in terms of the ability of the schools to handle enrollment above the 125% benchmark capacity. If proposed developments would exceed this capacity benchmark the recommendation from the District would be for denial or postponement until capacity is available within the applicable feeder system. This does represent a departure from past responses on this and other developments; however, the Board believes it is a necessary response to help alleviate overcrowding in the schools. This particular development would contribute to the capacity of Erie Elementary and Erie Middle/Senior schools,which are expected to exceed the 125% benchmark capacity within the next few years.Therefore,the District will oppose the approval of this development proposal until there is capacity available in these schools. Should this proposal be considered for approval by the County,the cash- in-lieu and/or land dedication would still need to be satisfied. The District requires a dedication of land with the adjacent infrastructure or payment of an equivalent cash-in-lieu fee based on the student yield of the development. Please let me know of any further questions. Sincerely, Gen Segrue, AicPpilarme. a2000@yahoo.com Planning Specialist 303/682-7317 GS:jkr ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY,LONGMONT,CO 80501.SCOTT TOILLION,MANAGER.PHONE 303-682-7229.FAX 303-682-7344. Exhibit A School Planning Bulthaup RE Standards And Weld County Calculation of In Lieu Fees Single Family School Planning Standards • Number Projected Student Site Size Acres of Developed Of Student Facility Standard Land Land Cash-in-lieu Units Yield Standard Acres Contribution Value Contribution Elementary 1 0.35 525 10 0.01 $35,000 0.35 Middle Level 1 0.14 750 25 0.00 $35,000 0.14 High School 1 0.17 1200 50 0.01 $35,000 0.17 • Total 0.66 0.02 $35,000 $645 Single Family Student Yield is .66 $645 Per Unit 10/2/01 • • ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES In accord ce with the Agreement Concerning Fair Contributions for Public School Sites between the 1<t" 3,200 (Weld County) and the St. Vrain Valley School District RE-1J, the St. Vrain Valley School District acknowledges that the applicable payments in-lieu of land dedication for public school sites, as set forth below, has been paid by the person or entity and for the property described, to be deposited into the Fair Contribution for Public School Sites Account. Property address (if known): R - 3 2.OO Lot and Block Number: Name of Area or Development: Calculation of Fee Amount (Based on Type of Residential Dwelling) Single Family Home @ $645 per unit Date Paid: 11-7-10 / Receipt Number: / Z2 /24 Amount Paid: $ vc Feeder Area: (Acct. 29.769.0000.2040.000000. ,// .000.00 St. Vrain Valley School District RE-1J By. Authoriz School District Re ntative (NOT VALID WITHOUT SCHOOL DISTRICT SEAL) gcCit V` Sul * 1ti `1f Property Owner(s) Name (please print) I Property Own r(s) Signature(s) paid by Owner) Contractor's Name (please print) Contractor's Signature (If paid by Contractor) • DEPARTMENT OF PLANNING SERVICES Kik -6-** 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 111 k COLORADO September 24, 2001 Richard Bulthaup 2780 W. 149th Avenue Broomfield, CO 80020 Subject: RE-3200 A Recorded Exemption located on a parcel of land described as Lot B of RE-1516, being part of the E2 of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Erie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Erie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Erie at (303) 926-2700, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Kim •. e Planne *� APPLICATION FLOW SHEET tt �Wi`D� COLORADO APPLICANT: Richard Bulthaup CASE #: RE 3200 REQUEST: Two Lot Recorded Exemption LEGAL: Lot B of RE 1516, being part of the E2 NE4 Section 6, TIN, R68W LOCATION: South of and adjacent to State Highway 52 and west of and adjacent to Weld County Road 3 PARCEL ID #: 1467 06 08934— WOO ACRES: +/- 90 Date By Application Received 9-17-2001 gathman Application Completed 9-24-2001 ogle Referrals listed 9-24-2001 ogle Design Review Meeting (PUD) File assembled q •01 "DM Letter to applicant mailed �.u} 01 qrl� Vicinity map prepared Referrals mailed Gj .24 .0( DM Chaindexed G(.7A.01 'PM Field check by DPS staff Administrative Review decision:Avr,2„A to , VI / tit It" Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified _ Air photo and maps prepared 729:70e r�1 CC action: CC resolution received Recorded on maps and filed /i1/y/O'O/ Overlay Districts Zoning Agricultural - LI p;�� PYlhto t �n � MUD Yes Nox_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes_x_ No Flood Hazard Yes Nox Panel #080266 0960 D Road Impact Yes x No SW Weld 1 2_x_ 3 Windsor_ DEPARTMENT OF PLANNING SERVIC N. 17th Avenue, Greeley, ColoradoO 531 Phone (970) 353-6100, Ext. 3540 -Fax# (970)g4-6498 APPLICATION FOR RECORDED EXEMPTION ( L.)tn;„1/^ } I Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case VO TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: PTE2NE4 6-1-68 Lot B RE1516 Total Acreage: 90 Zoning Al Parcel Number: 1 4 6 7 0 6 0 0 0 0 3 4 (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 the 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 Carolyn, Richard and Angeline Name: Bulthaup Home Phone#303 466-8897Work Phone#303 465-4979 Address: 2780 W 149th Ave City/State/Zip Code Broomfiled CO 80020 Applicant or Authorized Agent: Richard Bulthaup Phone# 303 465-4979 Address: Same • City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code • Larger Parcel Smaller Parcel SmaAppI c bl ler l e only for3-lot Recorded Exemption Water Source Left Hand Water Dist Left Hand Water Dist Type of Sewer Septic Septic Proposed Use Agriculture/1 Residence Agriculture/1 Residence Acreage 76 14 Existing Dwellings NO NO Yes or No Existing Dwellings Address (if applicable): Larger Parcel NA Smaller Parcel NA Smaller Parcel(applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. }/ v: 1/3/01 nature whet or Authgrized Agent • Richard Bulthaup 2780 W. 149th Avenue Broomfield CO 80020 303 465-4979 August 31, 2001 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Recorded Exemption Questionnaire 1. Water Supply a. Domestic water taps are available for both lots from Left Hand Water District. b. Irrigation water was removed from this site in 1989. The previous owners sold their water rights to the city of Lafayette, Colorado,which in turn attached a dry up covenant to the property. 2. While there are currently no homes on either proposed lot, any future residential buildings will utilize septic systems for sewage disposal. 3. This land is currently being used as dry land pasture. Since it cannot be irrigated due to the dry up covenants described above, all 90 acres are nonprime farmland. There is an oil well on the property but no other improvements. The Lower Boulder irrigation ditch bounds the property, while the Boulder and Weld irrigation ditch traverses through the property. 4. The purpose for the recorded exemption is to create a rural residential building site (lot A)that will allow continued rural uses. Usage of the larger lot B will not change. 5. This parcel consists of app. 90 acres and is located in southwest Weld County at the intersection of Highway 52 and Weld County Road 3. There is a current mix of rural residential houses and agricultural farms in this area. 6. There are no unique physical characteristics that we know of on the site. 7. Any structures built in the future will meet minimum setback and offset requirements. 8. We have not considered placing any conservation easements on the property. 9. No building envelopes have been considered for either of the proposed lots. 10. The proposal is consistent with Chapter 22 of the Weld County Code. 11. The intended rural residential usage of lot A, and the continued agricultural usage of lot B, is compatible and identical to the existing surrounding land uses. 12. By continuing with rural agricultural usage, the proposal is consistent with the intent of Chapters 22 and 23 of the Weld County Code. 13. The proposal is consistent with Section 24-1-30 of the Weld County Code. • • Report Date: 09/07/2001 12:42PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0270493 ASSESSED TO: BULTHAUP H GENE&CAROLYN M 3/4 INT PO BOX 507 ERIE, CO 80516 LEGAL DESCRIPTION: PT E2NE4 6-1-68/PT SE4 6-1-68 LOT B 2ND CORR REC EXEMPT RE-1516 (1.35R4D) PARCEL: 146706000034 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2000 TAX 549.32 0.00 0.00 549.32 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 09/07/2001 0.00 ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT 1303- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 157.58 AGRICULTURAL L 24,663 7,150 SCHOOL DIST RE1J 42.173 301.54 NCW WATER 1.000 7.15 TOTAL 24,663 7,150 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 0.550 3.93 WELD LIBRARY 3.249 23.23 MOUNTAIN VIEW FIRE 7.817 55.89 76.827 549.32 - TAXES FOR 2000 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed /IS' " ' Date 7 • REFERRAL LIST • NAME: Richard Bulthaup CASE NUMBER: RE-3200 REFERRALS SENT: September 24, 2001 REFERRALS TO BE RECEIVED BY: October 15,2001 COUNTY TOWNS and CITIES Attorney _Ault _X_Health Department Brighton _Extension Service Broomfield _ _Emergency Management Office Dacono _Sheriffs Office Eaton _ X_Public Works X_Erie Housing Authority _Evans Airport Authority Firestone Building Inspection _Fort Lupton Code Enforcement Frederick _ STATE _Garden City _Division of Water Resources Gilcrest _Geological Survey Greeley Department of Health _Grover _X Department of Transportation Hudson _Historical Society Johnstown _ Water Conservation Board Keenesburg _Oil and Gas Conservation Commission _Kersey Division of Wildlife: _LaSalle _X Loveland-south of Hwy 66 Lochbuie _Greeley Longmont _Division of Minerals/Geology Mead _ FIRE DISTRICTS _Milliken _Ault F-1 New Raymer Berthoud F-2 Northglenn _Briggsdale F-24 Nunn _ Brighton F-3 Pierce Eaton F-4 _ _ Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor _Johnstown F-8 La Salle F-9 X_Mountain View F-10 COUNTIES Milliken F-11 _Adams Nunn F-12 _ _ X_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-1J Greeley XLast Chance Ditch Company Longmont _ _ X_Boulder Ditch Company West Adams X Boulder • REFERRAL LIST • NAME: Richard Bulthaup CASE #: RE 3200 COUNTY TOWNS and CITIES Attorney Ault Legal _xHealth Department Berthoud Extension Service Brighton Zone Dist Emergency Management Office Broomfield Sheriffs Office Dacono FP xPublic Works Eaton Housing Authority _x_Erie Panel# Airport Authority Evans _Building Inspection Firestone Airport Code Compliance Fort Lupton Assessors Office/Chris Woodruff(Final Plan) Frederick Geo Haz STATE Garden City Division of Water Resources Gilcrest Pin# Geological Survey Greeley Department of Health Grover _x_Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle _xSouth of Hwy 66 (Loveland) Lochbuie North of Hwy 66 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 x Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 _x_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(for structures over 200'or Union Colony within 20,000'of a public airport) Western Hills F-20 Federal Communication Commission Wiggins F-18 Windsor/Severance F-17 SOIL CONSERVATION DISTRICTS x Boulder OTHER Fort Collins Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. Longmont _x_School District RE-1J West Adams _x_Last Chance Ditch Co Southeast Weld x_Boulder Ditch Company Platte Valley Lin or Robin for addressing (Change of Zone) 161411 SEP 2 -s 2001 ' WELD COUNTY PUBLIC WORKS rIPT p Weld County Referral C. COLORADO September 24, 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Richard Bulthaup Case Number RE-3200 Please Reply By October 15, 2001 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B of RE-1516, being part of the E2 of the NE4 of Section 6, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 52 and west of and adjacent to WCR 3. For a more precise location, see legal. Parcel Number 0467 06 000034 c 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 U We have reviewed the request and find no conflicts with our interests. 0 See attached letter. Comments: Signature tj4 /tzt7 �C --C NC Agency to li �r c 1'L (,`-a' Aa--; Date +Weld County Planning Dept. 91555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM pgrntettiliTO: Kim Ogle, Lead Planner DATE: October 2, 2001 FROM: Donald Carroll, Engineering Administrator 11 ti C. SUBJECT: RE-3200, Richard Bulthaup Il COLORADO 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 3 is designated on the Southwest Study Area Capacity Improvement Needs as a paved rural road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: 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 B) 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 B) The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (Lot A SH 52) /A building envelope needs to be identified on the plat for Lot B to provide a residential access to the parcel. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall complete a Weld County Road Access Information Sheet. pc: RE-3200 plan5RE.wpd • •Road File R RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Date: 8/31/2001 Weid County Public Works Department 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 Phone 303 456-4979 t. Applicant Name Richard Bulthau City Broomfield State CO Zip102,4_—— Address 2780 W 149th AvP SW corner of Highway 52 and Weld Co Road 3 Address or location of access Ran 68 Section 6 Township 1 Be mock NA • Lot NA Subdivision NA Side of Road West Distance from nearest intersection Weld County Road n3 3. Is there an existing access to the property? Yes X No #of accesses 5 4. Proposed t se: ❑ Industrial O Perman-at itResidential/Agricultural O Temporary O Subdivision O Commercial O Other *z************************************************************************************************ **** g. 5. Site Sketch I A Legend for Access Description: Hi hwa 52 ' AG = Agricultural RES = Residentiai O&G= Oil&Gas • AG,RES D.R. = Ditch Road G WCRD3 D.R. ********************************************************************************************************* OFFICE USE ONLY: Accidents ___ Date Road ADT Dare Accidents______-- Date — Road Drainage Requirement -- — —'Culvert Size Length Special Conditions . n Installation authorized O Information Insufficient Tide: Reviewed By: Memorandum 1 TO: Kim Ogle, W.C. Planning 1 DATE: Octo4er 11, 2001 Weld County Planning Dep COLORADO FROM: Jo Peden, EH Services U ZGUI CASE: RE-3200 V E D RE CH APPLICANT: Bulthaup, Richard E C c 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 systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Prior to the release of building permits on lots A and B, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3200.rtf ° akki 6,wn-ki Caunty Planning DeP o 6zoo\ S H- of 5 �- A0° 1 d �unDty Referral COLORADO September 24, 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Richard Bulthaup Case Number RE-3200 Please Reply By October 15, 2001 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B of RE-1516, being part of the E2 of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 52 and west of and adjacent to WCR 3. For a more precise location, see legal. Parcel Number 0467 06 000034 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: L NI-47 nJ k 4 +b .pLLC&4&& • 15 Ofet iivg Vl2A-' Signature t'A l Q¢ - Io/31 I a I Agency , CDor Date •'Weld County Planning Dept. ^1555 N. 17th Ave.Greeley,CO. 80631 6•(970)353-6100 ext.3540 +(970)304-6498 fax a �et CoartY._-(50 to p1».nnt�~'� L.L. 4''�s/c 1 :�J eV IVIIDC REcEt� ED 'e1d County Referral COLORADO• September 24, 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Richard Bulthaup Case Number RE-3200 Please Reply By October 15, 2001 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B of RE-1516, being part of the E2 of the NE4 of Section 6, T1 N, R68W of the 6th P.M., Weld County, Colorado. , Location South of and adjacent to State Hwy 52 and west of and adjacent to WCR 3. For a more precise location, see legal. Parcel Number 0467 06 000034 ___ ___,�m „� - , . . . __ .. -.___._ The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 9a We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature i >J (7,4.1„t y C-dez._ /C7 //G ATAgency 1J rrz, . - 4.y 4 /Q /4, S 6- & Date / +Weld County Planning Dept. •-1555 N. 17th Ave.Greeley. CO. 60631 •'(970)353-6100 ext.3540 •'x(970)304-6498 fax • • 6frip tt %iii-iiilig' . . . . VIOc Weld County Referral - COLORADO September 24, 2001 The Weld County Department of Planning Services has received the following item for review: • Applicant Richard Bulthaup Case Number RE-3200 Please Reply By October 15, 2001 Planner Kim Ogle • Project Two Lot Recorded Exemption Legal Lot B of RE-1516, being part of the E2 of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 52 and west of and adjacent to WCR 3. For 'i a more precise location, see legal. Parcel Number 0467 06 000034 _—_____-._-___._- _--.- - - -- 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 U We have reviewed the request and find no conflicts with our interests. U ee attached letter. Comments: r C) Signature . " , , . 1 Agency .('im= . .�, c, --.2 ` J.+, wH, ),\--‘,-.c-.� Date• :•Weld County Planning Dept. :•1555 N. 17th Ave. Greeley,CO. 80631 •)(970)353-6100 ext.3540 t•(970)304-6498 fax O0UNTsibt, !OUNTAIN VIEW FIRE PROT•TION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW October 1, 2001 Mr. Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: I have reviewed the submitted material pertaining to the recorded exemption for the Buthaup property, located south of and adjacent to Highway 52 and west of and adjacent to Weld County Road 3 in Weld County (Case Number: RE-3200). The District does not object to the recorded exemption, but does have the following comments and requirements for construction of any new dwellings, including the installation of a manufactured home, on either parcel: • All construction shall be in accordance with the provisions of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced by Weld County. • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres,water supply for fire protection requirements apply. All other structures may require water supply for fire protection depending on the use of the new structure. • When water supply for fire protection is required, a minimum fire flow of 1,000 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.), is required for one- and two-family dwellings not exceeding 3,600 gross square. All other buildings (including larger one- and two-family dwellings) require a minimum fire flow of 1,750 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.) and may require more depending on the building size and type of construction as per Appendix II1-A of the Uniform Fire Code. Water supply must be provided from a fire hydrant(s) located such that it is within 650 feet of all portions of the structure as measured from the fire hydrant, along the access road, and around the exterior of the structure. If the required water supply is not available to the property, the installation of a residential fire sprinkler system will be accepted as an alternative to meeting the required fire flow. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 60544 80026 Erie,CO 80516 Dacono,CO 80514 • • Mr. Kim Ogle October 1, 2001 Page Two • Before construction may begin on any lot, fire department apparatus access must be provided for all structures in excess of 150 feet from a public access road. Fire apparatus roads shall be extended so fire apparatus may reach to within 150 feet of all portions of the building. Apparatus access roads shall be a minimum of 20 feet in width and be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds). We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, C-4(CY,CL-Cl0Acy--cd) LuAnn Penfold Fire Marshal LMP/lp cc: project file file 'p'0.01.01 r / atriX 1 el ea as I 10 elf . no alli r . 4, , _ ✓ :r• Sir, —«— • .-.ems - - s�rr.wi�. r...w....S....ar.r ...s-+wa—. - .- _.rr. r...+rwao�-vs..r� .. - t - '„�` ,- < • , ter` �M14�i/ +r h. _ Existin v. r , Si Existing Access f ► Residential Lot A : Existing a . I � " Access Access T • Road iv;ot i " $ / ' -� and a{ _ Easement I ,�.:.� 14 a Oil Well . ? I e wT. R Lot B WCRD3 ,1 as ; :; Boulder and ° Existing Weld Jo Access ' '' Irrigation Ditch . r sic w sit "IC 0#114 deg it 4, - It - : .:: - 1 i , I, rai 1. 'ICI I ii CI . illili z":11,0,,,_ gh- � • . r $,, I ' r erg �� _' t ► �,+ 'pia r x Oil . t; W II • f, ono Existing Access ;,t iii ; it • . Lower Boulder " e" • Irrigation Ditch North�� _ y , .- z y• _lip.: -- • a . r Colorado a V CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Bulthaup.2 The Land Title Guarantee Company 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: Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, being more particularly described in Special Warranty Deed Recorded January 3, 1994 under Reception No. 2367045 CONVEYANCES (if none appear, so state): Reception No. 1543109 vi , Book 621 Reception No. 2184362j , Book 1237 Reception No. 2333369 , Book 1383 Reception No. 2333370 , Book 1383 Reception No. 2348027✓/ , Book 1399 Reception No. 2364423 , Book 1417 Reception No. 2350570 ,// , Book 1402 Reception No. 2353061 ,Book 1404 Reception No. 2367045j ,Book 1420 Reception No. 2632223 Reception No. 2842037/ This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title,nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 28th day of August, 2001 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: /JO () Wendy A. 11 - Title Examiner r..nfx'T,:M11rr,. ., Ii awe..ire_.s + ~h mcfw . 5 -1 motorman ar e TUTS Wilk Weds Ibis 2;.d Is;d I February la tie yen st sae Lewd e+fl'n.,+al else rood,,d • 17 ad .eventy bent,. Op. eve FromG etas - dam et Veld we ~x gee d weer,et the ee pat,and RfnldTn E. ROCS and 6HTRIZY E. ROCS ra eel d Ns Om yet usid eat err d Deets,el the messed pet; ..;r er • e wnx 9ee 0.• me w gsn .se said y at the fire part,he sad le ee. w w. .el me st s i • o other good and valuable D consideration-end TEN A n0✓100 nrsa.ar .. S ld,� , is the asld party et w Ike Pee is Med mid by Se weld pen ies et*e sleet Pet,tae itmelee Me net fa beat anted and mekeeeledget,sae aWor4 lesmined,meld rd enteve4 '., " . ell*doses preemie does gnak betNtR eeq messy and mare awns Ne 411 Pet in it the '• : ". . seed park theirashs sad ages femme,all the harslet gessrEMot M^ le Peed at I ``, lad,Meet.,trim ad►e:rs r bas Omaty et Weld awl b '.. , t ?CEL PU. 1f ' noon s east half (E1/4) of the northeast quarter 0�4) and the southeast quer- y ter (sEE) of section six (6). In township one (1) north, of ramp sixty- j :: l�. sight (69) west of the 6th P.M.; end all that pert of the southwest } f quarter (OW%) of section five (5), in tounship one (1) north of range r: sixty-eight (66) west of the 6th P mm .M., described as follows; Commencing s at • int on the southwest corner of said quarter section; thence north '' on the west line of said quarter section, 2240 feet; thence east 300 feet; 4 Hale** south 23° test to a point on the south line cf said section E '�'� 1295. 5/7the feet east of the southwest corner of said Quarter section; •.. �' thanes net 1255. 5/7th, feet org the south line of said quarter .r. eon, to the point of best acing. ; Together with all ditch end meter rights appertaining to said premises,, including 6.6 shares of the pr ferrsd capital stock of The Consolidated � , Lower Pouider Reservoir and Ditcn Company. 9S shares of the capital �^ _�. etc.ck of The Gvrnr Cottonwood Consolidated Ditrk Co., a shares c: the '• capital stock of The Erie Coal Creek Ditch and Reservoir Company, and #, 50 acre foot units of water as allotted to maid praises by the northern < Colorado Water Consonancy District. Pub)eot to reservations of record contained in Patent from the United 11States of America and any reservetios contained in doses from the Union Pacific Railroad Company and in deed responded in Rook 162 at page 73 of y #,-d- Wald County records. �• The southwest quarter (PWt♦) of section five (5), in township one Cl) ,. north, of range sixty-eight (66) west of the 6th P.M., except a portion n of said 6Wk of said section S described as follows: le mencing at a , ''' ;y point on the southwest corner of said quarter section; thence nort on the west line of said quarter section, 2240 feet; thence east 300 f t; r vy w; thorns south 23° tent to a pointVon the south line of said sect i 1255. S/7the feet east of the southwest corner of said quarter" lam; thence east 1255. S/7the feet along the south line of said quarter .. section to t::=.point of beginning. y Together with all ditch end ester rights aapertwtning to said premla d i.:. aam�t, ` including a shares of the capital stook of The Erie Coal Creek Ottsi✓Ciir Mm1erar°m' shines_ ' pray, 25 shes of the capital stock of The Layner Cottonwood Consolida 1r J •s Duch as Co. IMO S0 acre foot units of ester allotted to said premises y M M. Sam maar. araaas n o aa.a aarf.fowl ewe w,1 ens e\sw.w ae.r .H,;.,li s: . Ih;C.a. I _< l anon • ":":4 a '*. -i L.+bl L ,f u , . •1Y3bv 4: '. i'N..al 7�u4[inte'"'i --• sa-c fir �.. 154 ! t ! iji iittiillililft flit . t6. lit r1Z s liii fl i a 7j* t iI41e 1 1 III! RI liftinililIft !i ti•!a] j it1mesasuaLIAOWMorswc*c* t I 5 I ?' # t; 'II 01 I =1 I o n [11111 I LIII . t!s ( ftl s! Y: 121, rt 11toIY 111w ' i 11111111111111 I'll ' 11111111 t[ }p {t tit 1 fai , in Or rEQtt'�" s`.r ( ( ;t('(t 111a t !Y}f t ;Iti it i riffilitiiiit it, I 4:t! ;Intl �► and �"r_.+s+s.edd t f1k' F 111111 � 1=1 (1ilui1ftt'ii tsf [ Hi lit' rir. 1 ztf . I t all s •:1i= R t'( iIII Y[ Er3tt i = 77{ a,..,,. IIIIE 1 q11 111ftIi(i1 i'f' iI' tl t llt� � t ; I 2r tit' TLi tt t � f it .r..w is o.� ill • I ill t '1114111111f ((([1I88$ddI • s��snaws an ! .•'.'L.. 1 ( • It Ist (glt 'II t 8-, a.vie t. .. 'le I i t 1111b1i411 Stan ) t t p ¶ .711 • —4 , ` ' *-F"�t + -c ,*z �'. ,� '- f �x- a≥ -fit _ _ - - ,g }.- �«�icic s„ 2&..,÷s- ,!b-xt K yr' i _ �1.c,we -}' " - ' tom-_�..et:airn:giw+.ti+'ixar e. t, ...r.x....• ie r _. : _ .,.< S B 1'37 EEC 02184362 06/30/89 15:58 $9.00 1/003 4 4 VT F 0292 MARY ANN FEDEEBTEIN CLERK 6 RECORDER WELD CO, CO__} , • 4R218g3L2 QUIT GLUM DUD r Y `r THIS DEED, made this 30 day of .T.ti✓4► , 1989, 1 between Bi State Machinery Of Greeley, a corporation duly organised ` and existing under and by virtue of the laws of Colorado, party of the first part, and Shirley E. Koch and Kenneth E. Koch, whose "• k legal address is 5665 Weld County Road 3, Erie, Colorado 80516, of , fi °: the County of Weld and State of Colorado, party of the second part, WITNESSED!, that the said party of the first part in order to effect a partial release of that certain Judgment Lien created by w < - the filing of a Transcript of Judgment, from the Weld County ui District Court in civil Action No. 87CV16, in the office of the 66I,,Q Weld County Clerk and Recorder on July 13, 1988, in Book 1202, at C • , Film 1175, under Reception No. 02147948, and on July 27, 1988, in ti Book 1203, at Film 1703, under Reception No. 02149357, on account of that certain Judgment entered on February 24, 1987, in the li, amount of $11,970.40, does remise, release, sell, convey and Quit % I Claim, and by these presents does remise, release, sell, convey and a Quit Claim unto the said parties of the second part, their heirsR I ,` and assigns forever, all the right, title, interest, claim and �. I +..r demand which the said party of\the first part has, as a result of said Judgment, in and to the following described property situated ; .y � in Weld County, to wit: 4 r. 1. The Real Property set forth on Exhibit "AN. R i: 2. 7.0 shares of the preferred capital stock of the ,. ` I / Consolidated Lower Boulder Reservoir and Ditch Company. ..4 ifI s `*' 3. 15.0 shares of the capital stock of the Base Line Land g ii r, and Reservoir Company. , �, pp; To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise ' thereunto appertaining, and all the estate, right, title, interest, ifi i and claim whatsoever of the said party of the first part, either , ; in law or equity, to said parties of the second part, their heirs i ' and assigns forever. y ....»...ti.. �z5, , , eV' it ,.' BI STATE MACHINERY OF GREELEY t ?'/ j is In .. eta . r ,s , �r tjr •' £ . ' 1 . }4'. 1 st a ... t By 1 . t,• � r • "I "�wr �� John L. Andersen, President iII 1/4.6.111444, O �A Secretary 7 i . A"7 1 f a x. sl j 1. , °' B 1237 NEC 0218/362 06/30/8! 15:58 ;l.00 2/003 I, s s t 02l3 NARY AWN PEOERSTEIW CLERIC i REC:ORDER MELD CO, CO "; STAIR OF COLORADO ) i `' ) Si: . . . . Fi '+ COUNTY OF WELD ) The foragoinq instsyssnt vas acknowledged before as this x, � , day of CUkune. , by John L. Anderson, as President, and el, As_ R. Kerry , as Secretary, of Si State Machiinne�rryy of Greeley, a Colorado Corporation, on behalf of the Gy Corporation. 4 r t WITNESS =y hand and official seal My commission expires: _ �'Rte" 93 . et. da , W .�`',,,G1A C plc Y" d4i0,.#� Ant\ alp �fila I . PA ' 30 i G 7�Gi •�i. t d� 8�6s1 �' i� P U'D LWG a • Address Notary t' 1 ,, . 0 •• • 3�221�� orc' 0 pa, "nenlpu,•,, A J L.,- �tj t t ai i SR x 5 , . M 4 1Ll �.. i :: - }• I,M . `"tip t3 a n VII.I $ 0 /, B 1237 REC 02184362 06/30/89 15158 89.00 3/003 ; F 0294 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO WENT`A• t. i The West 1/2 of Section S and the E 1/2 of the NE 1/4 and the SE 1/4 d Sesion 6,Township 1 North,Range 68 West d the 6th PM,Weld County,Colorado,EXCEPT a tract of land conveyed to the Department d r 7. Highways,State of Colorado,in Warranty Deed recorded April 4,1963,I.Book 1643 at Page 52,being Sore , i particularly described a follow q;i d a A tract parcel d land in the WE 1/4 d the NE 1/4 d Seaioe 6,Township 1 North Range 68 bleat of the • 6th P.M,said tract or parcel being more particularly described a follow } BEGINNING at a point on the East Bae of Section 6,Township 1 North,Rms.68 Wed, from which the , s Northeast corner of Section 6 Bears N 1.21'30'E,a distance d 979 feet .. 1. THENCE along the East lined Section 6,N 1.21'30'E,a distanced d to feet the Northeast cornet li`' of Section 6; • , 2. THENCE along the North line of Section 6,S 89'09'30'Wok distance of 1,314.7 feet to the Northwest ;i corner of the NE 1/4 of the NE 1/4 of Section 6; 3. THENCE along the West fined the NE 1/4 d the NE 1/4 of Section 6,Sr 1T W,a"stance of 83.6 feet; ilti 4. THENCE N 89'4T 30'E a distanced 218.1 feet A. ' ` 5. THENCE along the arc d a curve to the left,having a rams of 7,700.00 fed,e d Lana d 6182 fed r , (toe chord d this arc bean N 8T 29'30'E,a distanced 618.0 fat); k, 6. THENCE N83.11'30'E,adetaneed1812feet I _ 2 �, r. 7. THENCE N 8?51'E,a dutaem of 191.1 feet 8. THENCE S 43'38'30'E,a distance 470.7 fed to the West right of way Bee d the County Road,as •"�i located September 196Z i1 9. THENCE S 88'38'30'E,a distance of 28.7 feet,more or less,to the POINT OP BEGINNING. Also Y EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed x li recorded April 4,1963,in Book 1643 at Page 60,being more particularly described as follows A tract or parcel ,1'.0 or parcel being more partirallatly/4 of Section deambed as uliowsTowmhip 1 North,R�68 Wet d the 6th P MI.said trail yi s cg BEGINNING at a point on the West fine of Sedioe 5, Township 1 North,Range 68 West from which the a c, !mg Northwest corner of Section S bears N 1'21'W E,a distance of 372 feet; ,'g 1. THENCE along the West Tine of Section S,Ni'21'30'P, a distance of 372 fat to the Northwest `I comer of Section 5; t 2. THENCE along the North line of Section 5,589'3T 30'E,a distance of 2,663.9 feet to the Northeast ..',4. caner of the NW 1/4 of Section 5; 3. THENCE along the East line of the NW 1/4 of Section S,S 0'03'1T W,a distance d 122.0 feet; ) 4. THENCE N 876 48'W,a distanced 2,393A feet 4 i 5. THENCE N 83'SB'30'W,a distanced 134.1 fed to the South right of way Bne of S.H.No.52,as j! ;, located September 1967O a 6. THENCE along the South right of way lined S.H.No.52,as located September 1962,N89'29'W, 'o ' a distance of 80.0 feet 7. THENCE Sber�1'W,a distance of 9.9 feet to the East right of way line of the County Road,as locates c,,� 8. THENCE N 89.29'W,a distance of 32.6 fat,more or less,to the POINT OP BEGINNING. r't c . k r yTrjy , P '`. 41 y. E . P ,.383 R£C 02333369 Or, 10: 13 $ 0 . 00 1/008 F' 1.3r MARY FECER::; i:i ?i CLEF' n RECPRDIR WELD CO, CO DEED IN LIEU OF FORECLOSURE t AR,'t t r It°`t DEBTOR'S WARRANTY DLLU II KNOW ALL PERSONS BY THESE PRESENTS: THAT the undersigned, KENNETH E. KOCH (hereafter "Grantor', whether one or more), claim an interest in, and legal title to certain real property described in Exhibit "A" attached hereto and incorporated by reference, which is secured to the Farm Credit Bank of Wichita, flca The Federal Land Bank of Wichita (hereinafter 'FCB' or 'Grantee") under that certain First Farm and Ranch Mortgage dated November 11, 1980 and recorded February 12, 1981, in Book 928 at Reception No. 1849541, in the records of Weld County, Colorado, securing certain loans by FCB to Grantors; and NOW, THEREFORE, for good and valuable consideration, Grantor hereby acknowledges FCB Loan #0791212-8 is in default; is secured by the real property described in Exhibit "A" attached hereto and incorporated by reference; disclaims all further right, title and interest in and to the property conveyed hereunder, including but not limited to any rights of 4. restructure, homestead, leaseback, repurchase, redemption, or continued possession, or going- away crops,except as set forth in Agreement between the parties dated April 26, 1993,and does hereby grant, emvey, transfer and assign to the FARM CREDIT BANK OF WICHITA, fka THE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is 245 North Waco,P.O.Box 2940,Wichita,Kansas 67201-2940,its suc"nwrs and assigns,all of Grantor's right, title and interest, including by way of description, and not limitation, rights in reversion or abandonment under the Bankruptcy Code,Title 11 U.S.C.,rights of first refusal, repurchase, leaseback, restructure,cure,continued possession, homestead, redemption or going-away crops, except as set forth in Agreement between the parties dated April 26, 1993, in and to all or any part of the following described prop.,ty located in Weld County, Colorado, to-wit: An undivided one-half interest in the property described on Exhibit "A" attached hereto and incorporated herein by reference. wra TO HAVE AND TO HOLD THE SAME,together with all growing crops,water,water rights, id fixtures, equipment and appurtenances, and rights used and,obtained or pertaining thereto, as fi ` set forth and contained in that certain Mortgage as set forth above in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, ' except as set forth in Agreement dated April 26, 1993, and free and clear of fall liens or ,x encumbrances, except for judgment in favor of Bi-State Machinery Co., Inc. towlded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in aitor of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985,and except for title exceptions set forth in Exhibit"B"attached hereto and incorporated herein by reference, -. and except for the existing lease ai.d tit ; rights of the Receiver. rSc ' Grantor covenants and warrants the above described property and premise: in the quiet and peaceable possession of Grantee, its successors and assigns, and Grantor cos slants 'hat at I the time of execution and delivery of this Deed it has full power and authority ro g tnt, Ix rgain, sell and convey the same free and clear of'any and all other claims of any pis 1:s or parties claiming by, through or under Grantor. This Deed in Lieu of Foreclosure shall be dated and deemed effective.s c • 'he date of execution. Grantor acknowledges that this Deed has been tendered after full dis ..ure of the waivers contained herein and consultation with and upon the advice of Grantor's , _"unscl, and a, 1 l,. w• +_ rd`s tk lik -{ 0 i i k y Y J iii. ?,4 f Y 1 .4 I a r: f, 1 t'1 3 1.:^r "�. } .. . .Xnt R S°' 4°,. i, d'. OW .- 34r tJ.J;S14s9. a'1.. 1: -,la�".a,uw,,,,y1+4, :«. 31"0 . ; t -kin }`•,{I•"rw 41v+';.- B 1383 REC 02333369 05/ 18/33 15 : 13 140.00 2/008 1 1 1251 MARY ANN FEUERS?EIN eLE1,4 b :F0 1)F iER WELD CO, CO has been fieely and voluntarily given. It - t Grantor acknowledges and agrees that the default under the original loan documents shall, ' for the purposes of this Deed, be d emed to be a continuing default. Grantor acknowledges that r, I Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other t 1 security instrument secured by the property; but is made solely for the purposes of providing a 1 I, Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, I additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's righ s under the above-described Mortgage. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a -i merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding for one e r fro m nt dateGra hereof deems collect the full amounts due under Grantee's loan from the property in thor feels it necessary for any reason to continue such proceedings to clear title to the property, subject to the terms of the Agreement dated April 26, 1993. r For Notices for any purpose, the parties agree their addresses for Notice purposes shall be: -:F" KENNETH E. ICOCH Farm Credit Bank of Wichita, flu The ' c/o Diana Godinho Federal Land Bank of Wichita 13750 Huron Greeley Lending Office Broomfield, Colorado 80020 127 22nd Street Greeley, Colorado 80631 e': i or such other address as the parties may provide one another from and after the effective date 't of this Deed, in writing. DATED th• is I J day of May, 1993. i / ' r- Ai4 ) i yc , � (ci, K TH ENNE E. KOCH STATE OF COLORADO ) ` ) ss• COU9Y OF WELD ) �. JBSCRIBED AND SWORN TO before me this '' ;'4t day of May, 1993 by .'H E. KOCH. /rVITNESS my hand and seal. i' Ct / _ �.� l�/ i. Notary Public IMSi g'ffnitm►sion ekpires • ' 'V". lit. r I , n,.co' .,L, r ' 2 ry; a�i ,� (^ �`�- � �rti�'� .. yrT,'.' .. i\ fit; asi TM C l '/ x acN" Y '+kn,, _ , fret yy ... . r . 4 F At) '1 f 4%, s - !Ir tf ..a P t , ,y�� i 7"�'a..�`.•set i4�a +.. bw....$1aM:_Sr,�f ',r' -.r :+ FMS ,"<! " �. ."t' ,4 - .`P�i ' #M dah3` rrtS;44 B 1383 REC 02333369 05/18/9? 16: 13 $40.00 3/008 F 1252 MARY ANN FFUERSTFP C1 ' ,K RECUi'.DER WELD CO, CO 1 E.XIIIBII "A" TRACT #1 E 1/2 of the NE 1/4 of Section 6, Township I North, Range 68 West of the 6th P.M. and all land in the SE 1/' of Section 6, Township 1 North, Range 68 West of the 6th P.M. lying North and West of the centerline of the Lower Boulder Ditch, County of Weld, State of Colorado; EXCEPT a tract of land conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particularly described as follows: A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: r!" BEGINNING at a point on the East line of Section 6, Township 1 North, , Range 68 West, from which the Northeast corner of Section 6 bears N1°21'30"E, a distance of 97.9 feet; \ J 1. thence along the East line of Section 6, NI°21'30'E, a distance of 97.9 r T`` feet to the Northeast corner of Section 6; f ,, 2. thence along the North line of Section 6, S89°09'30"W, a distance of n. 1,314.7 feet to the Northwest corner of the NE1/4 of the NE1/4 of Section 6; ` 3. thence along the West line of the NEl/4 of the NE1/4 of Section 6, .y,4, SI.17'W, a distance of 83.6 feet; 4. thence N89.47.30'E a distance of 248.1 feet; 5. thence along the arc of a curve to the left, having a radius of 7,700.00 k °it, feet, a distance of 618.2 feet (the chord of this arc bears N87°29'30'E, a k3; distance of 618.0 feet); "x« 6. thence N85°11'30"E, a distance of 181.2 feet; 7. thence N85°51'E, a distance of 191.1 feet; 8. thence S43°38'30"E, a distance of 70.7 feet to the West right of way line of the County Road, as located Sept. 1962; 9. thence S88°38'30'E, a distance of 28.7 feet, more or less, to the POINT I 71/‘ OF BEGINNING �; i4qyy� `1 4 Sl fRiy.; id P4 f'Z,u A 4 yid t ^ jlit fly 1 '1, {T +4 4 ' R�t.: 1 <. Iri,i 1 77 , i , . .., \;04`.---.'•i ' ‘.,� . yak i I ni �' ° � 1 � F IS s 4 n ° 4R v �1Q. �NI,Ino-. .dtuI,.- a:<..wd .�t�kl.,t ....4 '' '..;%,'N.10"i Atr. i fi -...h. i ! J� lWNxi..c - a w h�.+ . v. IL � , i.. i4 B 1383 PEC 02333369 05/18/9.1 16: 13 $40.00 4/0081.. F 1253 MARY ANN FEUERSTEIN CL'. R➢ A REcORDER WELD CO, CO Ion+ EXHIBIT 'B" 1. Rights or claims of parties in posmselan not shown by tie public reoords. 2. Easeients, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, ercroacivents, and any facts which a correct survey and inspection of the premises would disclose and which ate not shown by the public records. heie�nfter " i 4. Any lien, or right to a lien, for services, labor or material heretofore or furnished, imposed by law cud not shown by the public records. 5. Defects, liens, encurbranoes, adverse claims or otter matters, if any, created, first appearing in the public records or attaching subsequent to the effective date Ipreof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the ornmnitnment. 6. Taxes for the current year., ixcludirg all taxes new or heretofore assessed, due or payable. ;4.i,` `. 7. Rights of way for County roads 30 feet wide on either side of Section and Township lines, as established by order of the Board of County Cannissicriers for weld County, recorded in Bolt 86 at Page 273. :.. said lands; the exclusive right to ' ; 8. All opal and other minerals within or underlying #n, plwve.-L in and upon said land for opal' aid'other minerals, therein, or which may be 1: supposed to be therein, and to mine for and roiove from said land all coal and other minerals which may be found th.reOrt by eW1e; the right of ingress, egress and regress upon said lard td prospect.'for,"mine',aid remove any and all such coal or x:"' other minerals and the rith to use 'so m r2t`of said landlandas may be convenient or t necessary for the right of way to aid from such prwttt.L places or mires and roads t, and approaches thereto or for removal,therefrom of coal, mineral, machinery or other material; and the right to said Union,Pacific Railroad Ccvpany to maintain and operate its railroad in its present frorm of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by I4'. Union Pacific Railroad Company in Warranty Deed recorded January 31, 1899 in Book 9nrnonthereof,at Page 87, and any and all asst is or interests therein (Affects “ SW1/4 5-1-68)• I-1. ,i • "k t, 9. All coal and other minerals within or underlying said lards; the exclusive right to + prospect in and upon said lard for coal and other'minerals, therein, or which may to M supposed to be therein, and to mire for and remte from said lair] all)coal and other found minerals which may be found thereon by anyone; the right of ingress, egress aid regress 7.i, upon said lard to prospect for, mine and remove any and all such coal or other mirerals k,.'€ and the right to use so much of said lard as may be convenient or necessary for the right ,,e of way to and fran such prospect pieces or mines, and for the convenient and proper , " thereto or for re nrval ` `- operation of such prospect Places, mires and roads end approaches "'�^,� therefrom of coal, mineral, machinery or other material; and the riot to said Union. *I Pacific Railroad Company to maintain and Operate its railroad in its pres- at form om. ,� it Construction or method of operation of said railroad, as reserved bl Unia Pacific 4}°w.; . Railroad Company in Warranty Deed 1cuuLdud July 17, 1900 in Bode 171 at Pige 401, and any ` ;,` and all assignments thereof or interests therein (Affects NW1/4 5.1• 8). .',, e t `in ,nR La s + i 7+' s r fy a .„ Iism' };8 6 t p w t- j r y3 el i er T442 4 r ` 144 W i .. ate,_ ,.-,1, ..�. .a_,,„ti , �+ : t 1 44 4•,n l f - . If 1.., t .. B 1383 REC 02333369 05/18/93 16: 13 $40 .00 5/008 F 1254 MARY ANN FEC'ERSTEIN CLF.1 s PECOPI'IP WELD CO, CO EXHinrr 'B' (ulto iucd) c • 10. Right to run water thra;gh a certain lateral ditch running from the main ditch or The : h and across th NW1/4, Section 5, ,i. Erie Coal Creek Ditch and Reservoir Company through . 1; Township 1 No-nth, Range 68 West of the 6th P.M., as conveyed to Carl Pasch by El.ijnit V Lovejoy in Warranty Deed recorded October 27, 1900 in Book 181 at Page 273, in which the 4,/,, t. specific location of said right-of-way is not defined. 11. Gentry Drainage Ditch, and any and all rights of way therefor, as evidenced by Map and t• ' Statement filed October 26, 1910 as Reeeptiai No. 160177, insofar as tie sane may affect ,.ii subject property. 12. Right of way for the irrigation ditch of the Consolidated hn.nr Boulder Reservoir an! Ditch Company as now oonstnccted, as granted to Ile Consolidated Lower Boulder. Reservoir and Ditch Carpany by Robert F. MoCerthy, as the Administrator of the Estate of Sarah Jane v' Woolley, deceased, in Poninistrator's Deed recorded November 3, 1917 in Boole 489 at Page 223, affecting the following described property: A strip of lard through the SW1/4 of the SW1/4 of Section 5, Township 1 North, Range 68 ,' `, r West of the 6th P.M. 25 feet on the right and 15 feet on the left of tin following ' described line; Beginning at a point on the West line of Section 5-1-60W. 6th P.M., 100 feet South of the West quarter comer of the said Section; thence S44'40'E, 215 feet; thence S20'33'W, 250 feet; thence 577'20'E, 278 feet; thence S30'06'E, 200 feet; thence ' S54'13'E, 335 feet; thence a strip of lard 25 feet on the left and 50 feet on the right, ui . 524.47'W, 158 feet; thence a strip of lard 15 feet on the left and ' 5 feet an tie right p,4i N18.56'W, 275 feet; thence N63.02'W, 100 feet; Vence N76'51'W, 28iIfeee���t more or less 'to ,, • the West line of the said Section, being a portian(of the W1/2 of the S$1/4 of said s, Section 5. .\ • 13. Easement and right of way to construct, operate and maintain its electric to nsnissian, "tR distribution and service lines as granted to Public Service Company of Colorado by Jennie ni c C. Johnson, 1aninistratrix of the Estate of Henry L. Johnson, deceased, Alice M. Janes, Esther J. Branch, Clarence E. Janson, Nornen H. Johnson and L. Maynard Johnson in 2,} x instrumernt recorded Jure 20, 1947 in Boolt 1206 at Page 214, affecting the following oi described property: *4' Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Range 68 ,4," West of the 6th P.M., which right of way is more particularly described as follows: A -4,, right of way 45 feet wide, running East and West along the South boundary of said Section #:, 4 ^,1 5; Beginning at the East lire of the County road on the West of said Section 5 and cortinuing Easterly, parallel with and adjoining the North side of the County road on the A g South of said Section 5, for a distance of 1255.5 feet. , k 4^c y a� ' ? ti x a : rte. 1 n'i c a C f `yi Ate c a• , a rt• jj} r ' ' : [ ]sic ''b 4'1/4 k 1 • 4144, $ 1 4c , z 4 .41-f s r # 3bC r �, y „� z g..7 s e. ,,,,,- „1 r ,5 j - 4.y J. r 4,, a ,- . hhh, e-S W ' ' , ' `t ' ^ a ^' Yipp r i .6a"-,:.:, 3 r �.uu..i k.; e.1a ,Ai'ZiAl'.cots 4iii w e4 -: ...1- t, • , .pig 1�, I • l B 1383 REC 02333369 05/18/93 16:13 $40.00 6/008 ;. I F 1255 MARY ANN FEUERSTL N CLE.�k i RECORDER WELD CO, CO r,, . EXHIBIT "8" (continued) .i, 14. Easement and right of way to constrict, operate and maintain its electric transnissicn 1 distribution and service line, as granted In Public Service Ornpany of Colorado by a. Clarence E. Johnson in instnment n?tnriod June 20, 1947 in Bode 1206 at Page 215, rt'. , j affecting the following described property: 1 aver and across the Easterly portion of SW1/4 of Section 5, 7bwntiship 1 North, Range 68 *, West of the 6th P.M. the approximate centerline of which right of way is more particularly described as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at a point which is 1255.5 feet Eas of theEast o not the North 4 road an the West of said Section; thence Easterly, parallel "a side of the County road m the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of Said Section 5, Township 1 North, .,:.` Range 68 West. I 15. Right of the Proprietor of a Vein or lade to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby grentnd, as reserved In . „" 1:;,!.p_ .it United Staters Patent recorded January 18, 1893 in Bode 34 at Page 368 (Affects E1/4NE1/4 �' ,F 6-1-68). 54!16. Right of way for.+h ' itches or canals constructed by the authority of the United States, as , reserved in United States Patent recorded January 18, 1893 in Boric 34 at Page 368 M+ (Affects E1/2NE1/4 6-1-68). a� • 17. Right of the Proprietor of a Vein or Lade to extract and remove his ore therefrao should kx• the same he found to penetrate or intersect.the premises hereby granted, as reserved in ,F United States Patent recorded January 18, 1893 in Rook 51 at Page 194 and re-recorded 4..r, ; <. June 23, 1919 in Bode 333 at Page 132 (Affects SE1/4 6-1-68). 18. Easement and right of way for the constructions, operation and maintenance of an 's irrigation ditch, as granted to Erie Coal Creek Ditch and Reservoir Company by John R. 1,,;:l.:,.,_ Thomas in Quit Claim Deed xecuLJud February 13, 1909 affecting the following described TMi .kf .. Sly' beginning at a point 1017 feet North of the F ,. " Said right of way to be 16 1/2 feet in width, „o. Southwest corner of the SE1/4 of 6-1-68W of the P.M., then running diagonally across said stove described premises, crossing the South line of said above described (and about 705 ,4:4-1 feet East of the Southwest comer of said above described 1/4 in Section 6). 19. Faommnt and right of way along the line of the bower Boulder Ditch, with the privilege to enlarge the same as it row runs through the SE1/4 of Sectirn 6, Township 1 North of ; Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as '' ',i .:- granted to The Lower Boulder Ektcms:on Ditch 0anpany by John R. Thomas in Quit Claim Deed - recorded July 12, 19'11 in Boric 323 at Page 302, in whit the specific location of said right of way is not defined. 4.at, • s I I,. • 1C �i 3 sC nil i t sr hitTc 4 ty.� t t' is a rt+� v - }err _ x ��-rF p -,.; -- 3l 4. 4 t�C w TWa�»l `�S i '"i tt ! f l�rfi „1 � 'E 41Pf L V Y a h,}k:$ • 1v4 fi`s�' , ' at e i,,, ][4 P + a y.�,'dp.. F'£1 ,. ,h; i e,3 t:,�: , ..tc S..m 4k, k� As`"'aa.y. a�b�. ' .• . M .. s dhN'L 'SDI ',r. .s.'Ji :ii�A6��estilWyho.4,J t�. LaxAvwawvyw,,, .a.k... .. .. . 1.i 2A4,00ri..r.�:,<• •�,»- y 1 I H 1383 REC 02333369 05/18;93 16 : 13 $40.00 7/009 1 F 1256 MARY ANN FEUERSTEIN CLENM. 8 FIECU1:DER WELD CO, CO EX111BI'I' "B" (continued) a: 20. Easr:+nent and right of way to construct, operate mid maintain its electric trannnlsairn, distribution and service lines, as granted to Public Service Company of Colorado by Jennie C. Johnson, Adninistfatrix of the Estate of Henry L. Jdnrson, deceased, Alice M. James, Esther J. Brardi, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Doric 1206 at rage 208, affecting SE1/4 of Section 6. 21. Terms, agreements, provisions, concitias and obligations as contained in Surface Owner's Agreement recorded December 27, 1955 in Book 1430 at Page 227 (Affects NW1/4 5-1-68). 22. Eament and right of way for a perpetual easement and right-of-waytor s rt existing lower Boulder Irrigation Canal and to construct, operate ac ai Northern outh Platte Supply Canal including the right to borrow Iron or fill, as granted 4 Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, y in the instrument teLorktl February 20, 1956 in Book 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. 23. Easement and right of way for a perpetual easement and right-of-ways reconstruct ntruct and row-existing Loder Boulder Irrigation Canal and to construct, opera ntain the South Platte Supply Canal. including the right to bcrrew Iran or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. Johnson, Alice Johnson James, Esther Johnson Branch, Clarence Johnson, Norman Johnson and Qd Maynard Johnson in the instrvnext recorded Ftebruary 26, 1956 in Boric 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, Range 68 West. t 24. Easement and right of way for a perpetual easanent and right-of-way to reoostruct ththe now-existing ns w-existing Lower Boulder Irrigation Canal and to construct, operate South Platte Supply Canal, including the right to borrow fran or fill as granted to Northern Colorado Conservancy District, ,a quasi-municipal corporation by Norman H. Johnsen, in the instnment recorder] March 22, 1956 in Bode 1445 at Page 85, NW1/4NW1/4 of Section 5. t. 25. Easarent and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate and retove a pipe line drips, pipeline markers, valves, launders, receivers, cathodic equipment, test leads, and all appurtenances oovenient for tie maintenance and operatio of said lines and for the transporaticn of oil, gas, or otter substances purposes, as granted to panhandle Eastern Pipeline Company by Kenneth E. Rode and Shirley E. Koch by instrument recorded June 29, 1978 in Bode 837 as Reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easeminspect,end right of way to lay, construct, maintain, lower, repair, replace, :', relocate, change the size of, operate, and remove a pipeline, drips, oipel ne marker., valves, launchers, rwsivers, cathodic equipment, test leads, and al'. pppu tenarnes convenient for the maintenance and operation of said lines and fox ti 3 transportation of oil, gas, or other substances purposes as granted to Panhandle Eaete n Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instruront recorded June 1:, 1979 in Dods 872 v, es Reception No. 1793621, in which the specific location of the ee:xn . it is not defined (Affects SE1/4 6-1-68). j P b p � � .P'•?w x„ i't �.d S t F Ir r ':a 1 x.-A 444 ns' .e. II.-t > v+', "..# �d t t`t cy' ft �r. t fi ,!� b. x1,4 nw, a;JO �, t r, 1i '}h z` t,;;. a} t L+ e Y .% r r 2•k '1 it r}. 'r :y th'v it 4dr,` n ,��'r re a`d nak ' %M t.), j {, a �„ r , C. rir,t, -4 r S`^ z,,� ,is ei} �r{.�s, , iK 1 � k ^.A k,f, iE r. J\k J. i n f ;It Yom. +. ` , ', z y, "4 '34t Cr '''.d. y'°f,c Ye 7 ? ff �,. � M1�4 F`X4.3 ks wy�' s .y .. � r5 'Y 1 e `. 6?� �S� n,. jgz V, : a"3 �fF•.�+.,y` m ..�+. I . ?c Lez$dtlFd.G`3•ei�.kw � °s -44- .O .;4°...:* $'hd -Y .e it.I +L. . ° '. ,- . I'll- iiiiiL 11: Tr 7 ' 8 1383 NEC 02333369 05/ 18/93 16:13 $40.00 8/008 • F 1257 MARY ANN YEUERSTnr;; CLERK 6 RECORDER WELD CO, Co EXIIIBIT "B" (continued) ',5 1 it 27. Easement end right of way to lay, construct, maintain, lower, inspect. repair, replace , relocate, change the size of, operate, arcs remove a pipeline, drips, pipeline markers, 'y valves, launchers. tut-elvers, cathodic equipment, test leads, and all appurtenances I convenient for the maintenaune and operation of said lines and for the transporatian of I' oil, gas, or otter substances purposes as granted to Panhandle Eastern Pipeline Ccrpany 1 by Kenneth E. Koch and Shirley E. Koch'by instrument recorded Deoanber 12, 1979 in Boric ; _ 890 as Reception No. 1811651, in which the specific location of the ease ant is not defined (Affects SE1/4 6-1-68). ., ' ' 28. Terrors, arreerents, provisions, oondlticra and obligations of Right of Way Agreonent by 7 and betw' n Kenneth E. Koch and Shirley 1E. Koch and lun000 Production Coipany recorded Septenbr, 19, 1985 in Bode 1085 at Reception 02025478 and Ratified by Farm Credit Bank of < Wichita ,a The Federal Lard Bank of Wichita zucr_a ad November 10, 1991 in Bode 1317 at Recepti No. 02269602. ; 29. Terms, gjreenents, provisions, conditions and obligations of Declaration of UNITIZATION recorded May 12, 1986 in Boric 1112 at Reception No. 02053234. 30. Terms, agreement, provisions, conditions and obligations of Agreement jby and between Shirley E. Koch and Kenneth E. Kafir, 'lire\Ninth District Federal Land/bank Association a ,`. corporation, as attorney in fact for Farm Credit Bank of Wichita, a corporntian and 11e City of Lafayette, a Colorado nunicipal corporation, recorded June 30, 1909 in Dock 1237 i at Reception Pb. 02184366. .:4,,: ii 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the , issuance thereof. F / / k u• z • I t.4 , r.r f j.' ,t t., m It 7741sY I Clt i ° '�,: n(k?s",# " f7 `j " ��$ �$' ' dr tie M1# f 4.,'N-',16.1.'i.;11.11131!' ,.woe. _. .i+Y s. .,i�Y 5a'• ' 1 '..i‘.;‘. .. 7 .'tr i,+ illirlf`g Ti�. . Ir t/+ �T'' ,1 tr �1 r ii,4S n„yrwy}gtx. mn+. r. . `4,1 . 9.. t Itt . yeti "S• nay': .,. ♦ ,Itc- '.�Ii�IL''.1, II II , iB 1383 REC 02333370 05/18/93 16:14 $40 .00 1/008 F 1258 MARY ANN FFUERS7FIN ( II RR & RECORDER WELD CO, CO g r t PER',ONAL REPRESENTATIVE N DELI? N LIEU OF FORECLOSURE a AR21331T0 a r, THIS DEED made by Kenneth E. Koch as Personal Representative of the Estate of i SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH, deceased, Grantor, to FARM CREDIT BANK OF WICHITA Bra The Federal Land Bank of Wichita, Grantee, whose address is 245 (t , Z-„ North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940. 4 WHEREAS, SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH died intestate on r November 6, 1992, in Northglenn, Colorado; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 9, 1993, and is now qualified and acting in said capacity; E r ., NOW, THEREFORE, pursuant to the powers conferred upon Granter by the Colorado Probate Code, ani for good and valuable consideration, Grantor sells and conveys to Grantee the following described property located in Weld County, Colorado to-wit: , An undivided one-half interest in the property described on Exhibit 'A' attached hereto and incorporated by reference. L TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, r water rights, fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain First Farm and Ranch Mortgage dated November 11, 1980 and recorded February 12, 1981, in Book 928 at Reception No. k „- 1849541, in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, except as set forth in Agreement between the parties dated April 26, 1993, and subject to judgment in favor of Bi-State Machinery Co., Inc. recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985, and subject to title exceptions set forth in Exhibit 'B' attached hereto and incorporated herein by reference, and subject to the existing lease and right;of the Receiver. This Deed shall be dated and deemed effective as of the date of execution. Grantor acknowledges that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantor's counsel, and has been freely and voluntarily given. Grantor acknowledges and agrees that the default under the original loan documents for FCB Loan 1(791212-8 shall, for the purposes of this Deed, be deemed to be a continuing default. Grantor acknowledges that Grantee's acceptance and recordation of MI t conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or l:utefici ay under any Mortgage, Deed of Trust or other security instrument secured by the prope.y; but ; is made solely for the purposes of providing a Deed in Lieu of Foreclosure o r .err tine:, transfer possession and avoid, to the extent possible, additional costs, expen a 1 I delays of judicial or public trustee foreclosure of the Grantee's rights under the abovede.c ibed Mortgage. 1 'A t. t ;e 1 a "s1 ., ,J S 1 s f z ya f • 5t'�'I'c r �qa »yn " t r� a � ,� ��qa�'d ,�,� �,Y.d,�¢ w P e i "{ � y''�'�"� �,4.y r 7 t��.. ' 1 t t v r j. C r' �t: a W'A Y, c t ..#4; , J4:! it,. 4� ., ! h `y.4�4) }W,. is : ki t 9' . 444��� 'ki ak gk. rt E'' .a'r .S n• J,' lit{ �� A ,A 41 T}a«� � 3 r$`.t �C 'VI t ^. ' Svc .Y'N.if'`,� w $"k ' a s 4 S4 I :.1.- ' w It + qa '(�x}Q •` �r ..'1: k t' °1'� " n 1 R 1, n 7C a i +a` ' i s utt.S?i' i" ��'42`-'B I 1.i... ., .r ibv ,,,.&,,1/4.4-A .x_43. A = . a�P° ."l't ,. ;nSt $tm^ ; 'u + .t.tJ. � . .... isr ""iir ., ,. 7 ill.. nir@w maiYNr^T Inir rr.. • B 1383 REC 02333370 05'18/93 16: 14 $40.00 2/008 F 1259 MARY ANN FEUERrihxN CLERK 8 PWORDER WELD CO, CO Further, Grantee's acceptance of this conveyance shall not be deemed or construed a t merger or waiver of Grantee's right or claims under the loan secure by the foregoing / property to commence or continue foreclosure or any other proceeding, for one year from date hereof, to collect the full amounts due under Grantee's loan from the property in the E- event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property, subject to the terms of the Agreement dated April 26, 1993. Grantee is not the spouse, agent, or attorney of the Personal Representative or any corporation or trust in which the Personal Representative has a beneficial interest. For Notices for any purpose, the parties agree their addresses for Notice purposes shall be: , ESTATE OF SHIRLEY EDNA KOCH Farm Credit Bank of Wichita, fka The aka SHIRLEY E. KOCH Federal Land Bank of Wichita c/o John Flanders Greeley Lending Office ,-», Flanders, Sonnesyn & Stover 127 22nd Street i `k 401 Main Street Greeley, Colorado 80631 , Longmont, Colorado 80501 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. %•` DATED this PCsi day of May, 1993. , 4.a' . ESTATE OF SHIRLEY EDNA KOCH j aka S Y E. KOCH P y ; sn -4191 (le-1 By: Kenneth E. Koch Personal Representative Weld Probate Case No. 93 PR 36 STATE OF COLORADO ) ) as. COUNTY OF WELD ) q SUBSCRIBED AND SWORN TO before me this(1,,(,L4c day of May, 1993 by 1 iti , Kenneth E. Koch as the Personal Representative of the ESTATE OF SHIRLEY EDNA , KOCHtiS SHIRLEY E. KOCH. ' , 1 .. / '.••WITNESS my hand and seal. / //, X41'i /CS Z ti a. p1A 4Y '• • Notary Public i x J; T �Mx mlaicSi xpires L'./-,.?C''95._ 2 ' a34er n_' 1r Yid p., A < . r i' ; t t e Ky 4f_y, , � i.�I t, , >3p;11:y.' . tm- . '41 1 ,,f4 P #r7 S ice. R �'F yi3i" } ,..,,,,7,4,44:42,41:,i «tx4.y y St, .y• Y 1,-??,,P114 '`•up E.+ , s .t 4 Y '= 14r 'thy ' e.o G' r r ti. s fir': ' j z ee :Z p � « , f, i , )) .ii a 4 .� �s, � .�"�i r.:�1.bA Yep.."+, ah.fsL,,._A: S1L'[•u�...K v- 12 d. 'r Y , s{ :,,f?i'q _. '.*.` ",) 1 . . < . a 1 ' j _ . _ Ufa( jai J' 41. J� 1 B 1383 REC 02333370 05/18/?3 16:14 $40.00 3/008 , F 1260 MARY ANN FEUERS'FIN CLLak i RECORDER WELD CO, Co EXHIBIT 'A" TRACT #4 1 E 1/2 of the NE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. and all land in the SE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. lying North and West of the centerline of the Lower Boulder Ditch, County of Weld, State of Colorado; EXCEPT a tract of land / conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particulfirly , described as follows: J \ A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: ,,:ti,SA. : BEGINNING at a point on the East line of Section 6, Township 1 North, Range 68 West, from which the Northeast corner of Section 6 bears N1°21'30'E, a distance of 97.9 fat; 1. thence along the East line of Section 6, Nl°21'30'E, a distance of 97.9 ≥a.`; Cs feet to the Northeast corner of Section 6; : 2. thence along the North line of Section 6, 589'09'30'W, a distance of 1,314.7 tat to the Northwest corner of the NE1/4 of the NEI/4 of Section 6; 'j z: 3. thence along the West line of the NE1/4 of the NE1/4 of Section 6, SI°17'W, a distance of 83.6 feet; 4. thence N89'47'30'E a distance of 248.1 feet; 5. thence along the arc of a curve to the left, having a radius of 7,700.00 t feet, a distance of 618.2 feet (the chord of this arc bears N87.29'30'B, a distance of 618.0 feet); 6. thence N85'11'30'E, a distance of 181.2 fat; ,. 7. thence N85.51'E, a distance of 191.1 feet; ., , 1`% 8. thence 543.38'30°E, a distance of 70.7 feet to the West right of way line of the County Road, as located Sept. 1962; , 9. thence S88.38'30'E, a distance of 28.7 feet, more or less, to the POINT OF BEGINNING 51t'. 5+x ;1.' .. ya'*-"i, 73,7 :14" r +4s i Y+ y ;. j:r 0 115 1I� =l l� 'I r x _ Lai +jkt w ':,:111,..: ," tin *' .:' '` S i�'. A tt ,, + WI R" 4` d t`!`a +i p13 R '.ri ,,t° .re , 7�. �p r�iy ri I'll' 3 �t ,fi . iq, R F+ 1 x: 1 ' sge..r s3 "t -I-11,0191x '� ' v ;'j „�Y `l r �l c 5 ,'1. 4, I w 4 'i >E`°'°' +"7 1' xl } .�++� +( t k i r.� + . e. Si . Y^'�t iC 4 a Y 1 i. k u1stii : 5 E °nil.,. ... �Ld�Nt:.tr` t'F �» �I :? ,t''',zd ' . 11� i i ." m.fsc.�`it,' hA i I''., iii } B 1383 P.EC 02333370 0"/18/93 16:14 $40.00 4/008 F 1261 MPPY ANN FEVEPSTEIN CLEFT & RECOPOER WLED CO, CO EXf1IBIT "B° i r 1. Bights or claims of parties in possession rot shown by the public rwnds. 2. Easements, or claims of easements, rot shown by tie public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, in would ts, and any facts which a a,rxe-t survey and inspection of the pro which are rot shown by the public records. material 4. Any lien, or right to a lien, for services, oor heretofore or hereafter furnished, in4�oeed by law and rot shnm by public if 5. Defects, liens, enarnbrances, adverse claims or other matters,the effective date created, first bu prior in tie public te records ored abut cquiressubsequent to of record the estate but prior e to he dartge te t pereon co the crmnmitment. or interest or mortgage thereon covered by 6. Taxes for the current year, including all taxes nag or heretofore emceed, die or payable. 7. Rights of way for County roads 3O feet wide al either side of ofi$ccticfo Weld ns ard hipy, ,' lirrs, as established by order of the Board of County � ; recorded in Flock 86 at Page 273. 8. All coal and other minerals within or underlying said larch; the exclu iverriig may ht be o prospect in arxl upon said land for coal and other minerals, therein, supposed to be therein, and to mine for and remove frromhtsaid� alecoal s andotter j minerals which may be found thereon by anyone; end all such coal or regress upon said lard to pn. n.t for, mire arch remove anypent or other minerals and the rith to use so march of said lard as may necessary for the right of way to and fran such pmt places or mires and roads and approaches thereto or for m--noval therefran of coal, mineral, machinery maintain and or other a;' material; and the right to said linnian Pacific Railroad Ca parry any change in operate its railroad in its present front' of construction f sold railroad,es reserved . the form of c rrction or methodWOarrantf a January 31, 1899 in Bonk tN Union Pacific Railroad cnikin' Affects , 17O at Page 87, and any and all assignments thereof, or interests therein SWl/4 5-1-68). 9. All coal and other minerals within or underlying said lands; the exclusive right to prospect in and upon said lard for coal and other minerals, therein, or which may be supposed to be therein, and to mire for and remove fran said lard all coal and other xµ minerals which may 1and-e found thereat by anyone; the right of injLebs, egress a regress '» upon said lard to prwpe.,t for, mire and remove any and all such coal or other minerals xi and the right to use so much of sa-d lard as mey be oanrenient or necessary for the right of way to and fran such prwpe..t places or mires, end for the convenient and proper operation of such prwerl Plaoss, mines and roads and approaches thereto or for rec.; a therefrom of coal, mineral, machinery or other material' and the tic It to said Unto. Pacific Railroad Company to maintain and operate its railroad in ttE pres get form of construction or method of operation of said railroad, as reserved by' Unio Pacific Railroad Caipany in Warranty Deed recorded July 17,' 19OO in Bode 171 at P..ge 4O1, and any and all assignments thereof or interests therein (Affects NW1/4 5-1-:8). I a!€ 6, ..q Id jitb ^Gc {r,K to,n "t id. it'+y, # 16. pt t y.:.1 K, R@ k �`,}} ' 5 Y ck?"= i� �r*t �r'q ^--Il J._ xk t 5 l x y,.,�}, y z n N "� k' t:. r8 d4+ t*,i .;F,'n G e t k '[ !s. , 4 s 3 t :4 q ,r 14 fy i ) A 1383 REC 02333370 05/18/93 16: 14 $40.00 5/008 z*r, F 12€2 MARY ANN FF.UERSI'E1N CLERK 6 Fr.CORP1 R WELD CO, CO EXHIBIT "B" (continued) 1 �YY nC 10. Right to nun water through a certain lateral ditch running from the main ditch or The Erie enal Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, Township 1 North, Range 68 West of the 6th P.M. as conveyed to Carl Basch by Elijah V. a Lovejoy in Warranty Deed recorded 0 Irk 'r 27, 1900 in Book 181 at Page 273, in which the j specific location of said right-of-way is not defined. I 11. Gentry Drainage Ditch, and any and all rights of way therefor, as evidenced by Map and I Statement filed October 26, 1910 as Reception No. 160177, insofar as the same may affect 1i , subject property. t 12. Right of way for the irrigation ditch of t e Consolidated Doder ed Boulder ulde Boulder it r an! Ditch Company as now constructed, as gran S}, voir and Ditch Company by Robert F. McCarthy, as the Adninistrator of the Estate of Sarah Jane Woolley, deceased, in Administrator's Deed recorded November 3, 1917 in Bode 489 at Page 223, affecting the following described property: A strip of land through the SW1/4 of the SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th Beginning 25 feetopo� right �West5linetofn the left Section 5-1-68W. 6th the P.M., 100 described line; Beginning feet South of the West quarter corner of the said Suction; thence S44.40'E, 215 feet; thence 520'331W, 250 feet; thence 577'20'E, 278 feet; thence 530°,36'E, 200 feet; thence 554'13'E, 335 feet; thence a strip of land 25 feet an the left and 50 feet on the right, ` S24'47'W, 158 feet; thence a strip of lanai 15 feet on the left and 25 feet ah tie right N78'56'W, 275 feet; thence N63'02'W, 100 feet; thence the �'cf 887 Seet more or said s to the West line of the said Section, being a portion ; Secticn 5. 13. Easement and right of way to construct, operate and maintain its eleccricltna issby Jaerchie distribution and service lines as granted to Public Service Company of Colorado C. Johnson, Pdninistratrix of the Estate of Henry L. Johnson, deceased, Alice M. James Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in y^. :F' instrument recorded Jute 20, 1947 in Book 1206 at Page 214, affecting the following 4 described property: fir, Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Rarwn 68 West of the 6th P.M., which right of way is more particularly described as follows- A ' right of way 45 feet wide, running East and West along the South boundary of said Section 7 5; Beginning at the East line of the County road an the West of said Section 5 and continuing Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1255.5 feet. ?. J 4 f k . l: �{� 4:i' � L{ ' t , 4' b0 lk i 1' 4. mix, • • 1-..: -tar r., 1 m� "YtN 4:i �`k 4. e a i�L. ns� t; gg ' . "aii y t I �9r ^ le �11.*-C 1` t r r 5 R '5 Si't; i a h n t� h f X A n rm'114 'I, 1 Sy'x .j <1. i. r t h• .,, d ! ;,„1/14,*: k"r"'�"b �;at`t �.'kfs. iax...�1. 6.;, .. . £.. ;.sa••,,t, �t.e ,.a.: e 'w '''s ., 4 -,Jr2:414*kt ai k r [[ "- 1 771 II 9�n 1I::.s ` B 1383 REC 02333370 05/ 18/ 03 16: 14 $40.00 6/008 F 1263 MARY ANN FEVERSTEIN CLERK i FFCOp:'ER WELD CO, CO 1 .. EXHIBIT "I3" (continue'?) 14. Easement and right of way to construct, operate and maintain its electric trmvanissicl', n. ) distribution and service line, as granted to Public Service Company of Colorado by Clarence E. Johnson in instrument reuu'dui Jane 20, 1947 in Boric 1206 at Page 215, affecting the following described property: Over and across the Easterly portion of SW1/4 of Section 5, gtmwnship 1 North, Range 68 be centerline of which right of way is more West of the 6th P.M. the approximate { particularly descriLed as follows:A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at a point which is 1255.5 feet East with and adjoining of t East line of t County road on the West of said Section: thence Easterly, parallel side of the County road on the South of said Section 5, for a distance of 1354.5�t more or less, to the North and South center line of said Section 5, Township 1Range 68 West. Lr'' 15. Right of the Proprietor of a Vein or lade to extract and remove his ore therefron should the sane be found to penetrate or intersect tin premises hereby granted, as reserved in United States Patent recorded January 18, 1093 in Book 34 at Page 368 (Affects EI/4NE1/4 6-1-68). 16. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recopied January 18, 1893 in Book 34 at Page 368 (Affects E1/2NE1/4 6-1-68). Right of the Prop and remove his ore therefron should 17. tie Proprietor pe et a Vein intersect rose hee prep ses granted, as reserved in the same be fours 1p penetrate or the premises United States Patent recorded Janue.ry 18, 1893 in Boric 51 at Page 194 and re-recorded June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-68). f 18. Easerert and right of way for the constructions, operation and maintenance of an 1' irrigation ditch, as granted to Erie Coal Creek Ditch and Reservoir mpany by John R. Thanes in Quit Claim Deal recorded February 13, 1909 affecting the fo1 owing docrrlbed . property: \ at a point 1017 feet North of the , ' Soul right of way to be 16 1/2 feet width,the P.M., beginning diagonallyacross said , Southwest corner of the SE1/4 of �� Sf outh ire of said above described (and about 705 above East of ed pnanises, crossing feet of the Southwest comer of said above described 1/4 in Section 6). 19. Easement and right of way along the line of the Lower Boulder Ditch, with the privilege r, ,.��. to enlarge the same as it now runs through the SE1/4 of Section 6, Itmrship 1 North of 1„ 1 Range 68 West and the E1/2 of th:: NFL/4 of Section 6, Township 1 North, Range 69 West as s granted to The Lower Boulder Extension Ditch Company by John R. Thames in Quit Claim Deal r+' rnuunks3 July 12, 1911 in Book 323 at Page 302, in which the specific location of saic_ - 0 right of way is rot defined. • Tr,l. � s n.' C t *Nit �� ,rat � r' .t' .0 r* t< ` t lr „ {yy (x fi '' ' N '- 3 *x tPlitt: t ♦y n`4 q r e( SSA ,,-1,4e.t [ ..�..*b ,t.£, .�.V r `.. , .ik t , -- b ,�.. "„1 , t F. rt≥n pi.„-e S i i r , :4,4, a `"k ,..' -k, x 9..�, ,.. R x, , ��++ r ; :: t a ' II .*,, ,, .. 'i.4 .4,3, f A� I p,$ "4 ! i .ifid v ,,f,v, ',/ ' ' 77 err xr llIlirw_ a^,r . , 1 0 1383 REC 02333370 05/18/93 16: 14 $40.00 7/008 111 1 F 1264 MARY ANN FEUERSTEIN (:?,ERK 6 RECORDER WELD CO, CO i EXHIBIT "B' (continued) ,: 1 20. Fasenent and right of way to construct, operate and maintain its eleclric transnission. distribution and service lines, as granted to Public Service Company of Colorado Jennie C. Johnson, ldministratrix of the Estate of Henry L. Johnson, deceased, Alice M. ( nyy r 3. Brgncn,corded June Clarence arenoe, 1947 in DJock 1206 Norman Page•208Johnson 8e fecting S and L. E1/4 of Sec in 6. • 21. Terms, agrecments, provisions, corxiitions and obligations as contained in Surface Owner's Agreement recorded December 27, 1955 in Bodo 1438 at Page 227 (Affects NW1/4 5-1-68). 22. Easc ent and right of way for a perpetual easement and right-of-way to reconstruct the nod ,n existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern • Colorado Water Conserve:Cy District, a quasi-municipal corporation by Clarence Johnson, in the instrument ta.uu d February 20, 1956 in Boric 1443 at Page 171, affecting NWl/4 of a the SW1/4 Section 5. 1 • 23. Easement and right of way for a perpetual easement and right-of-way to reconstruct the nowrexisting Lower Boulder Irrigation Canal' ard to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. r` - Noncan Johnson and Johnson, Alice Johnson James, Esther' Johnson Brarncn, Clarence Johnson, Maynard Johnson, in the inst ua t recorded February 26, 1956 in Boric 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, range 68 West. j. 24. Ease cent nt and right of way for a perpetual easement and right-of-way to r'eoarnstrvct the t. now-existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill as granted to Norttern Colorado Conservancy District, .5 quasi-municipal corporation by Norman H. Johnson, in the instrument recorded Mardi 22; 1956 in Bock 1445 at Page 85, NW1/4NW1/4 of Section 5. • , ,' t: , t1 25. Easement and right of way to lay, construct, maintain, lower, inspec''t,! repair, markers,a • sr relocate, change the size of, operate aria rutove b pipe line drips, p pe linevalves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operatio of said lines and for the transporation of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instrureit ruwon.3 d June 29, 1978 in Book 837 as Reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. E4‘senent and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipeline mark; valves, launchers, receivers, cathodic equipment, test 'Pads, and a: 1 app:rtenaroec, 4., convenient for the maintenance and operation of said lines and let + he tr mnsportation of oil, gas, or other substances purposes as granted to Panhandle Eestool Pipeline Comovny by Kenneth E. Koch and Shirley E. Koch by instrument recorded Jura - 1, 19:9 in Pock 072 as recepticn No. 1793621, in which the specific location of the case exit is not define-A (Affects SE1/4 6-1-68). • r v y n 1trp 2�g"�'t 4 ^' Rat'. A},, t :.•' a$ _ r. '�n > t "4 # Iry wF r .A4yy �,,�,s , i t"r • °j4 w. Ha tl ( ' n �i le r, t''"'® ; • �+4� ?}ten Yb t1 fi a F ,.' 4 -.4,e.,'`., '`., V�" a y^,,,�,$ �L `*, * 2'1e:'.. ;, ,.v.' k41 tr - t .. I g-�-it f t • �a'j ?' ;fin 047 ' 1 w S 6 Sz. . hat e`-, . .,.6.. .. .. o: l:y : ( 3 1 ° Cflm I 4,4-- ?t t e 1383 PLC 02333370 0`118/93 16: 14 $40.00 8/008 F 1265 MAPY ANN FBUERS9mIN CLFPF 6 hi.CORDER WELD CO, CO -I EXIIIBI C "B" (continued) 27. Easement and right of way to lay, ccretruct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipelin, markers, valves, launchers, 1.s..eivers, cathodic equipmst, test leads, aid all appurtenances oarvenient for the mnintena ce and operation of said lines and for the transporation of oil, gas, or otter sibstancans purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instrument recorded December 12, 1979 in Dock 890 as Reception No. 1811651, in which the specific lecaticn of the easement is not defined (Affects SE1/4 6-1-68). 23. Terms, agreements, provisions, con itims and obligations of Right of Way Jngreerent by and between Kenneth E. Koch and Shirley E. Koch and An Production Catpany recorded September 19, 1985 in Dock 1085 at Reoeptim 02025478 and Ratified by Farm Credit sank of Wichita fka The Federal Lard Bank of Wichita recorded November 16, 1991 in Dods 1317 at "..• Reception No. 02269602. 29. Terms, agreemnts, provisicns, eorditims and obligations of Declaration of UNITIZATION recorded May 12, 1986 in Book 1112 at Reception No. 02053234. • I' 30. Tenors, agreement, provisions, cc-ditims and obligations of Agreement by and between Shirley E. Koch and Kenneth E. Koch, The Ninth District Federal lard Bank Association, a i corporation, as attorney in fact for Farm Credit Bark of Wichita, a corporation aid Tie City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Bed( 1237 at Receptim No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the , ^ issuance thereof. _K 1p ft i, V s., til. n rt S .v . \ r x ,� a'y, '�.ir , 1 ,qr. wlt�'a ,u 9y;ysy�r3 ,- .,�,m j' y° L1'Lk. ; is ; i',>' 4 :I.,' , If .m 0 'fin' Y� p , , ,>'N7 1 . t. `a fl +�qr t tt a .^' '.i *Alto.. ..c..* LI w :�J y.4 4# v„,Ay aj } ,k R f .:w t S'iJ n�At '2. "l'r: ii. lc 1- -1,,,,44-'4 i P4 .t tih, f g � %p j. i e a _. ,' ...:'! 1 14.44314,4-4441044 "�:,�.�tw§°'J .x a�._ Is#' 3.ar, � +arx I,,r, , 'f • B 1399R C 02348027 08/27/93 15:20 $15.00 1/003 F 0712 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO AR23'48027 QUIT CLAIM DEED THIS DEED, Made this 27th day of August, 1993,between KENNETH B. KOCH and Kenneth E. Koch as Personal Representative of the ESTATE OF SHIRLEY E. KOCH of the County of Weld, and State of Colorado, grantor, and FARM CREDIT BANK OF WICHITA, a corporation duly organized and existing under and by virtue of the laws of the State of Kansas, grantee, whose legal address is 245 North Waco, P. O. Box 2490,Wichita, Kansas 67201-2940, WITNESS, That the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 1516, recorded August 26, 1993, at Book 1398 under Reception No.2347681,being more particularly described as follows: The East Half (EL/2) of the Northeast Quarter (NE1/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that part of the Southeast Quarter (SEI/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being Northerly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the West 1/4 Corner of said Section 6; Thence S00°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35'W - 79.09 feet; N62°58.38"W — 183.07 feet; N55°26'29"W — 132.91 feet; N60°24'19"W — 142.18 feet; N76°28'39'W — 157.99 feet; N61°48'18'W — 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'08'W — 72.71 feet; N02°45'55"F. — 137.31 feet; N28°08.38'W — 71.77 feet; N55°42'56'W — 134.67 feet; N73°39'24"W — 317.00 feet; S86°59'04"W — 259.70 feet; N79°52'14"W — 385.77 feet; S82°10'36"W — 52.32 feet; S54°46'29'W — 246.55 feet; S72°20'05"W — 248.93 feet; S47°17'29"W — 37.17 feet; S03°16'30'W — 42.23 feet; S27°36'0l'E- 195.07 feet;504°35'45"E-73.50 feet; S31°32'51"W— 132.36 feet; S58°41'38'W—76.12 feet; NSl°18'54"W- 136.60 feet; S80°12'28"W- 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence unduna commtm 1 SKLD LG 172 .20 . 16 . 94 WE 2348027-1993 . 001 B 1399 REC 02348027 08/27/93 15:20 $15.00 2/003 F 0713 MARY ANN FEUERSTEIN CLERK & RECGRDER WELD CO, CO N01°10'12•E along said West line of the SE1/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13"E along the North line of said Southeast 1/4 of Section 6*distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence N01°15'32"16 along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast I/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Department of Highways the following 6 courses: N89°42'45"E — 254.54 feet to Station 173+93.3 P.C. Project No. S0030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, a chord that bears N87°24'45"E—618.03 feet, and an arc length of 618.20 feet; N85°06'45"E- 181.20 feet;N85°46115"E— 191.10 feet;S43°43'15"E—70.70 feet;S88°39'00"&-28.60 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said East lien of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of Recorded Exemption No. 1516, recorded August 26, 1993, at Book 1398 under Reception No.2347681,being more particularly described as follows: That pan of the East Half(E1/2) of Section Six (6), Township One (1) North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the West 1/4 Corner of said Section 6; Thence S00°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SB1/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41'W — 62.92 feet; N31°36'15°W — 189.15 feet; N07°28'47"& — 98.75 feet; N08°38'20"W — 49.99 feet; N26°22'02'W — 322.52 feet; N42°18'37"W — 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31'E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33'&-170.54 feet;N41°53'52'&—79.29 feet;N19°27'15"E— 137.62 feet; N36°53'13"E —75.59 feet; N56°58'04"B -288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence SQL°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 feet to the Point of Beginning. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances RwP:$4rn2 2 MMMI 1O SKLD LG 172 . 20 . 16 . 94 WE 2348027-1993 . 002 . • • • B 1359 REC 02348027 08/27/93 15:20 $15.00 3/003 P 0714 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO and privileges thereunto belonging, or In anywise thereunto appertaining, and all the estate, tide, inter and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee,its successors and asdgns forever. The number include singular plural, the the singular, and the shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above , Q lt�lvlvSCH KOCH le `✓t��-, B. ESTATE OF SHIRLEY E. KOCH By: Kenneth E. Koch Personal Representative STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this x,oc5 day of August, 1993, by KENNETH E. KOCH, individually and Kenneth B. oocc� as the Personal Representative of the ESTATE OF SHIRLEY B. KOCH. vyitt w1md and official seal. Of:* NetaemPlialieColoraao they (AMR', �-�., erncusEx giv . tp Notary Public My Commission expires: mmdmmo amsor tIo SKLD LG 172 . 20 . 16 . 94 WE 2348027-1993 . 003 • B 1417 REC 02364423 12/16/93 12:08 $15.00 1/003 AR2364V23 F 0542 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO CORRECTION QUIT CLAIM DEED THIS DEED,Made this 13th day of December, 1993,between KENNETH E. KOCH and Kenneth E. Koch as Personal Representative of the ESTATE OF SHIRLEY E. KOCH of the County of Weld, and State of Colorado, grantor, and FARM CREDIT BANK OF WICHITA, a corporation duly organized and existing under and by virtue of the laws of the State of Kansas, grantee, whose legal address is 245 North Waco, P. O. Box 2490, Wichita, Kansas 67201-2940, WITNESS, That the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and astigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NE1/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that part cf the Southeast Quarter (SEI/4) of Section Six (6), Township One(1)North,Range Sixy-Eight(68)West of the Sixth(6th)Principal Meridian,being Northerly of the centerline of The Lower Boulder Ditch,County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly descried as follows: Beginning at the East 1/4 Corner of said Section 6; Thence SOI°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W — 79.09 feet; N62°58'38"W — 183.07 feet; N55°26'29'W — 132.91 feet; N60°24'19"W — 142.18 feet; N76°28'39"W — 157.99 feet; N61°48'18"W — 77.62 feet; N46°18'28"W — 110.78 feet; N24°16'08"W — 72.71 feet; NO2°45'55"E — 137.31 feet; N28°08'38"W — 71.77 feet; N55°42'56"W -- 134.67 feet; N73°39'24"W — 317.00 feet; S86°59'04"W - 259.70 feet; N79°52'14"W - 385.77 feet; S82°10'36"W - 52.32 feet; S54°46'29"W — 246.55 feet; S72°20'05"W — 248.93 feet; S47°17'29"W — 37.17 feet; SO3°16'30"W — 42.23 feet; S27°36'01"E— 195.07 feet; SO4°35'45"E—73.50 feet; S31°32'51"W— 132 36 awraunr2 SKLD LG 172 .20 . 16 . 94 WE 2364423-1993 . 001 • • 8 1417 REC 02364423 12/16/933 12:08 $15 .00 2/003 • F 0543 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO feet; S58°41'38"W— 76.12 feet;N81°18'54"W— 136.60 feet; S80°12'28"W— 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence N01°10'12"E 10'12"E along said West line of the SE 1/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13"E along the North line of said Southeast 114 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 114 of Section 6; Thence N01°15'32"E along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Department of Highways the following 6 courses: N89°42'45"E — 254.54 feet to Station 173+93.3 P.C. Project No. S0030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, a chord that bears N87°24'45"E—618.03 feet, and an arc length of 618.20 feet; N85°06'45"E— 181.20 feet;N85°46'15"E— 191.10 feet; S43°43'15"E—70.70 feet; S88°39'00"E—28.63 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: That part of the East Half(El/2) of Section Six (6), Township One (1) North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S010°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41"W — 62.92 feet; N31°36'15"W— 189.15 feet; N07°28'47"E — 98.75 feet; N08°38'20"W — 4999 feet; N26°22'02"W — 322.52 feet; N42°18"37"W — 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31"E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33"E— 170.54 feet;N41°53'52"E—79.29 feet;N19°27'15"E- 137.62 feet; N36°53'13"E— 75.59 feet; N56°58'04"E— 288.50 feet to a point on the East line of said East 112 of the Northeast 1/4 of Section 6;Thence S01°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 xwrsuruz irxs3/gdo 2 SKLD LG 172 .20 . 16 . 94 WE 2364423-1993 . 002 - + • • B 1417 BEC 02364423 12/16/93 12:03 $15.00 3/003 • F 0544 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO feet to the Point of Beginning. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estite, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use,benefit and behoof of the grantee, its successors and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. 4:±de oid KENNETH E. KOCH ESTATE OF SHIRLEY E. KOCH r� € z - By: Kenneth E. Koch Personal Representative STATE OF COLORADO ) BOULDER ) ss. COUNTY OF-WEED- ) The foregoing instntment was acknowledged before me this 13th day of December, 1993,..by, KENNETH E. KOCH, individually and Kenneth E. Koch as the Personal Repiaalta ue of the ESTATE OF SHIRLEY E. KOCH. � ;y07a `pty hand and official seal. Y144,C1 cia \* OP t':0}0' Notary Public My Commission expires: October 16, 1994. Rwrn3xmru 3 inn OO SKLD LG 172 . 20 . 16 . 94 WE 2364423-1993 . 003 • • 33 / CORRECTED NE CORNER SECTION 6, TIN, R65W. RECORDED EXEMPTION NO. 7/ Dow „ls s/4 RI/ERAN 1467-06-1- 731516 AI4 cm.Ls»FS�YR.wrE•oS) PART OF THE EAST 1/2 OF THE SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST • �7r>�14 OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. I I VON EPwarFIEI ROM TOTS A NR II TFEEIGi 160E 2151OF TIE 5751FEASTOLN PEER IFSIMCE SELTIONY%T.iOWSEFP NE(I)NGIlY RANCE SIXTY-EIGHT 701 PEST OF THE SIXTHIIR(PWNCIP4 MERCIAN,AND THAT PART OF THE SHEASTOIIMN T IEEIM)CE SECTW PO L% I.TOWNSHIP OPE(II IERTN,FLANGE GE SI%ElI IYE1R 16 SNOWIEST IXT°FILE RCN RTMPRINCYN DENMAN.BEINGPTING REYOF THE EFT10OP OF TIE LONER1504 EA biol.COUNTY OF WELT STATE OF CIXORAW EXCEPTING PROM MD EAST IIl OF TIE NORTHEAST IM OF SECTION 0 TEAT PARCEL OF INC • GOI3 TED TO 52 71 TiE EMOFNGIMAYS STATE OF COLORADO.BY TIED RECORDED APRIL P 1861N pCI1 /% ER1 IW AT PAGE 5}.`MTl TE 4 CORNER BEING MORE SECTOR I..SILLY DESCRIBED AS Potion I '� /11' / c_� 11 - BEOIIMNO AT JOE WEST M CORNER OF ENO SECTOR TIERCE mP1040 W ON A BEARING SHOWN ON NE BUREAU OF LINO MANAGEMENT DEPENDENT RESURVEY OF Ip}AM ALOPC THE EAST UIE Of SAID SEIM OF ;� S 'I • p SECTIONS ADi tAIEE OfYID)FEET TO APoNT ON WE APPROXIMATE CENRMEE OF 11E LOWER BON RR i DITCH LLOWN 15COIRLY,WESTEADY 3W-I,HERE ALONG 5AULENTERLINE Of TIE LOWER BOLSTER FEET. I TEE FOLLOWING 25 COURSES N7440.35W )1 FEET:iRYMTV—16307 FEET:14651E2ESE 110 el FEET, I` J __ NVII'IO•4 142 I FEET.NFEIB5EW 157 4 FEET:NI '31 W —7177 FEET;NY'18TM 110)I FEET, f 1' POE wo 132 7},) FEET 156[535! Ins.I FEET NIO.OBYW-73 77 FEET: EWI'E W 152 07 FEET, / "I HIGHWAY S} N)1MIYI 51 01 FEET,SY'5EplW 253 70 FEET:14111214Y4-365 T7 FEET.SQIONW 52 32 FEET. E14 442rW 24 S5 FEET.EI[dues 00 24513 FEEL FTIYBW—37 17 FEET;S02'ff#W 4223 FEET. �.7.0.. /fff'llll •1 �I EITY0IS ISO El EE Sd'AI5.1 73 U FEET;nl'nnn"—IC Y FEET;E7.11210W )e 1}FEET. 1� f, (•✓ ( W1'IEFIW 10600 FEET:SW-12215 477 FEET TO A POINT ON TIE WEST LSE OF SAID SO TEAST III CP SECTORS.THENCE RAT'I'OS ALAN SNO WEST UNE OF Tit SEIM A LISTNTE OF 74274 FEET TO THE CENTER OF SAJOSECTIOII TIERCE SN'ITISE ALONG THE NORTNLLEOF SW SOITE/ST PROF FCTpNS A ISTANCE ds3]0.0 SI\ J -/ \' Of 13157 FEET TO OE SOIJTiSNEST COMER OF END EAST Ill OF TIE NORTEA T IN OF SECTOR a THENCE Mt'IE0TE ALONG TE WEST LINE OF SAID EES'112 Of TE MORiIEAST 1N OF SECTIONSAtl5TAIACE OF 2712 14 I,O 5N FEET To TEESOITMEST COPPER OP ENOPARCEL OF LANOCOIWEYED TO THE CEIMTET OF 4GRNATE SAID En. 1 9. I 1 PdMSENG 130FEETEOURN OF TEE IORTWEST CORIEROF SAIDEAST 10 OFTENORTEAST In OF SECTIN PSt�yR T / 6.TENCEEASTERLY ALDEOTYE SOV ERLYUHE OF WOPMCSL CONVEYED TO TEDEPARMEM OF NGHWATS �.. Ii \ I�\\ THE FOLIDWNG I tourists.FSTIZ454-251 54 FEET TO STATION I7YS5.SPEC PROECT tooSSOg1}E ALOCr I.� V/r • TIE ARC OF A CURVE TO TE LEFT.HAVING A RAMUS OF 77MO2FEET.A CHORD TAT DEARS NAI'24154 ell CO • pf �, iJ - FEET.NO AN MC I ETCH OF 54 A FEET.N7'01 454-13110 FEET',W5'IEN4-11110 FEET FI'4SN2 75 75 FEET,SSTIE-II50 FEET TO A POINT ONIE T EAST USE CF SAID EAST IR OF THE NORTHEAST III Of Il I I BECTON 0 SAID FOIST BEING 814 FEET SOUTH OF THEPORl1EAST COMER OF SAID SECTION I.THENCE -_� ,O A S71041YI ALONG SAM EASY UN(of TIE EAST IR OF THE IORTEAST INA DISTANCEO M 2)4805 FEET TO 'TIE [--216,50 �. ' - - POINT OA BEGIP45G (/ f CONTAINS 105.07 ACRES MORE OR LESS Ed T7 - [ DId5 • 1 l EA_ PT PART OF 11,*EAST-HALFF£(E in) CTON SIX ISI.TOWNSHIP OE N . 12 �\` - IT NORTH.RANGE O IA NGE SIXTY-EIGHT(F)WEST Of THE SIXTH(15TH)FEW AL MERIDIAN.BEING EASTERLY Of TIE-� t C MTERUTELOWERBODERO O OA ,B TCH,COUNTY WELD.ETATEOFCOLDOEIM UARLY MOREPARTICA Q T) _-1 \ DESCRIBED Ad FOLLOWS TEE a. - lL \ BEGINNING AT E WEST WSAID 0 CORNER Of BECTON TE210E 57'1)0060 ON A BEARING SHOWN ON TIE 3 BW TA W OP EAO OP M IAGELENT DEPENDENT RESURVEY 14 K TIEE 2 NO KONG TIE EAST TI OF SAID SEIN OF 0- SECTION 6 A DISTANCE OF I ON TI 49 FEET TO A POINT E.MPROIWATE LOITERER*CF TEE TOWER SOAR a MECH.-THENCE MT NEMY.WESTERLY&O EASTERLY ALONG SM R OCENNMIE Of BOULDER LOWER BOOER Olio( I- VICINITY MAP THE FOLLOW NG 14 COURSES.N3041 41-4 e2 BI FEET:IDI']BlS'W-14.15 FEET.NIr2E474-N)5 FEET, Z SCALE.1•=2000' MS-IFFW-ALE 4 FEET,NM120}W-322 52 FEET.INYIn7W-44*79 FEET,IM'sI ll'W-SI 44 FEET. N D N16'02111-140 04 FEET:NH'F'N30-7010 FEET:Nb'}E]TE-17054 FEET,IM13S524-TO 75 FEET. Of O N181T154-13}7 FEET...303'5313E FEET':NN'Lb 4 F 2-2 FEET TO A POINT ON TIE EAST UNE CE L7 N SAID THE EAST 1q OF E NORTHEAST IN OF SECTIONS.THENCE S0354W N THE ALONG SAD EAST U OF T EAST 1D OF TE NORTHEAST III A OSTAINCE OF 473 Y FEET TO THE POINT OF BEOHNM. cgrtANS 11E4 ACRES MORE OR LESS O r J W I. Oh.SM36ERTFICAIL B CROWE A REGISTERED PROFEsNINCIN TEE TA SOPPETOLE STATE OF COLORADO DO HEREBY CERTIFY THAT Y TT THIS RECORDED EXEMPT FL RE ON PLAT WAS PREPARED FROW TIE RESISTS OF A FIELD SURVEY COMPLETED AUGUST N. 145 LOWER MY PERSONAL SURERWEMN,AND THAT MS PLAT IS AN ACCURATE REPRESENTATION TIEREIELAWSWORDIER CERTIFY THAT THE SURJEYAMTNE PLAT OYMUES WEGALL APPLICABLE PLUS. REGULATIONS.AM LAWS OF TIE STATE OF COLORADO. STATE BOARD O REGISTRATION FOR APPROXIMATE PROFESSIONAL ENCWERS ND PROFESSIONAL LAM N SUM/ETAS NO NEW COUNTY (CM. CENTERLINE /LOWER BOULDER I BASIS OF BEARING IS CONSIDERING TEE EAST LINE OF DIE DATE -93 ..'-`•JOEL B. COLORADOES.2565) SOUTHEAST I/4 OF SECTOR a TOWNSHIP I NORTH.RANGE F 1 . DITCH WEST OF OF WELD, "i78o STATED COLORADO.AS BEIMHOATNeI 11M EASTASSMVM ON THE BUREAU Of LAND MANAGEMENT DEPENDENT RESURVEY Of 1352 WIND ALL DRIER BEARINGS FIND RELATNE THERETO. -2OA--.E4 2 NO THE POLICY PROVIDED WHICH'BEAD SHOW EASEMENTS IFANY.OFRECOM AMMT ALL EASEMENTS WERE REQUESTED TO BE RESEARCHED AM SHOW ON THIS PLAT ,263,-,-,,263,-,-,__Ss Ty ilON4 IOEMFCE OF SET 9IMVEY CORNER ta CETERAH ROGNNEED.eSUNG JOE SCSI E DANE R3L FEE OF THE AB0VE0ESOLSE0PRCPERN 001ERESY 5OWSNp 3 LHmomFENTE OLSOGTIR4 TOUEA5ONEMEM55MWNE0uLLPLW THE SAME AS SHOWN ON TIE ATTACHED MM WE UEERSTA}O THIS PROPERTY IS LOCATED IN TEE'5' NSr3kt51--ESE OR MINUS 03 O A FOOT. NGRCXOI IE DISTRICT AM IS ALSO INTENDED l0 ARE AS EAS FOR RE C01OHCi OF OTHER USES E 1/4 COT. SEC. 6 4NE AUOUOT 55c110.1 CORNERS 2HOWN IEREOM(AYE In RIGHT ACCESSORY USES.AM USES BY SPECIAL RENEW )__________\-- L_________ \ J 1FPf0 U 1 PPE C/A V') REVI MDJ LA OUSLY FILED COLOC SURVEY MONUMENT HI M BRASS RECORDS OR FILE WIN 11E WELO COUNTY CLERK AM FAN,CREDIT BMW PAOC/S/{A RECORORS OFFICE AJDSNOIOFASAENT ARE YMSTANTALLT A( �ryd_FW'C AS DESCRIBED IN SAID MONUMENT RECORDS OR MEV,M ANY OFFICERS ERRS[ CORNERS MITI OUT MOM WENT RECORDS WWI HAVE PEW �A.� ,6 MONUMENT RELOM6 MAO AND SIJBYiI£D. HE FORE1GONGCERTIFICATE WAS ACKNOWLEDGED BEFOE SE 1144,SWEPT \• \ \ 5 TOT A'• 11 ER ACRES•I or Q 4 `,Jt AO.IMO BY THE MOVE SOLED. \ WjN(1ji,,7) f 1011B'• CMSACREL2E TOTAL • 0547 ACRES EsMY LCMKSSON ESFIRES .55�gI- 99 ✓2.,ds( iT P at .. NOTARY.PVBIIC.M V)L AM SEAL nitr GTIS ACCEPTD APO ADPROVEO FOR nuNG DEPARTMENT PV.MNI SEP� ES'DIRECTOR O (V N THE FOREGOING CERTIFICATE WAS ACPJEW&EDSEO BEFORE YE TES I OILY OF511(IH SMIA f A 0.,I15 BY NE ABOVE Sioneci n Z CY DI I NT MY COMMISSION EXPIRES tIDxERtfl1�.-34 I�1 S' I T C 1 Q y, 3 T IEGE'ND; W NOTAY�PI,ISLIc.PA LE Yf WED AND SEAL • O A I O V Er .• SEC TON CORER DESCRIBED AS SHOWN S W 0 SET M 5 05044 WITH TRANCE SCALE': ,- _ 100 A! PHA ENGINEERING CO. o coEn — PEASE(CAP L.5,259J] 6U ETH STREET -P.000F 192,FORT LUPTON,COLORADO EEC FS{.--J' FAX A METRO(503)573-SIBS -FORT LEPTON(303)557-2304 0 100' 200' 400' TH C.\6WBMWE.000(RET516) CLIENT:FARM CREDIT 0AFN/MKNTA REVISI0N= BY DATE ORC IT:MR/JC I SCE. 0 -200' LEGAL 131571:0T A F 010Ea FOR:118 I DAD: AUGUST 20,1953 __- Pc:35 - 7JUNE In F-fl-T I e 1401 PCP 02150510 01/15/93 19i05 910.00 1/001 r 01/11 MAPS LOIN nruze ie=R CLERK I RECORDER WELD CC, CO EAST 16TH CON. BTWN 6)31. COLORADO STATE HIGHWAY 52 u vel M.5 TOY N/I LS rrm s 114114 w � 1643.( CONTAH5. 7 ACRES 4./-1, APflI a.196], N 1/4 COR. SEC. 6. ' pan r PRO N89'04'45-E -- 1321.14 N89'04'45"E -- 1321.14 �- - w rs'm,5t �. 50/9'tlil .102411,52.102411.102411,52lt -wriest �0 o vu%s / 2"34R-1,100.00. S R 1 5."..1.1 I 71170 0 / / 1900 / I----MOIL TO LOT A RE1365 / / I1CGT1313. 0. IPLA 1991 1765613 � / / iI / I / 30.0•NORESS•EGRESS I /''''''''""APPROX.LOCATION I / EASEMENT TO LOT A EI3651 DECEMBER BOLtOEF 6 WELD BOON 1319.REC.10.077]180) I / COUNTY DITCH. 9,991 I / . I / / / Nn I / = I / ti / LOT B _J \,�\°, mll2 / RE 1365 Cs,V-A co C.F ezv, (77 B".1315.EC NO.1367165 II V !' ( OCTOBER 15.1931 F y 9 )S H I m MA: o ITv>r a ma r o COro 21 VI vi �I6a20?lt—n I - .\\ r`r�ro1 RE013 5 `°T A 62 \ 1x9. �g-onra--7n° ��V BS 1115.PEE. \ IleAf 18'40.01 V NO.2207185 \ I OCT.25.991 e=.ob\ s`°' LOT A np N 1 in N \ \ 11.699 ACRES +, 03 N — van 3 N. ry T j 6 LOT B w 1/4 CUR. 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I / a11'wr./ — 1189'59'5C;'W --- 2627.36 SE CORNER SEC.6 ax suss wl I3wO:055 LO 3'ax 9141433 GIP, _: SEP. 10.2001 9=29RM STINT TITLE GREELEY . NO.380 P.2/7 .t+noe.t p 109 .F0 9Worpl toep9/97 14,C. !Moo 7!001 ,tm i91 — r II7! WV WI r"oippIUr Ill r"" a fK°MwA"FLP co, Co — EAST 11T0 Ye Omni°pi' COLORADO gg pgS�TpATE IWHWAY 52 "� is h"per'"'" OIXITMwT,i,Rtlac 0V7)AA"AF 0.Ills. NE I se N i/4 caR.SCc.I. V w ts"'.$S °w°r PPS)----........0,_ N69'04'451 -- 1321.14 Ne9'04'45"E -- 1321.14 I. A 7 9,9. ...— K terra , 1111r1rut 04 r N1101.44%--eel / w law or 1.n0.M. A..rPO war/No •I Norma .�, / knStrEfl bat Mini / I I • % I / i 5I / I I /...' AO / / III / fl r, / I ll.,, NI / RE 1355 �� � j' � ` I �G�GrQ1 j/ wsY--twat 1 ! ILO q1.R17•Nc0.N°.:ip+w7 n N WWI Mt I y �7 w.n I1I�(� I I N Q mac �•^• w Q o o wa / K I4I in 111�`D ILOT A 1I flirt--mu. R ei 11 Q7� I RE 1365 \•'\ nw / ,t..-no I g h- t-151 I 0K DA.K0. . NMI / I 7 w,w o ilir 220706 0CT,setm ; \. 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MrMINMM 191119171 NM Ow1eR1MiMlai�O77 �L �IlAl1A0MI_MM� rod /-J 1 TRK• M.17IAg1II Mr A.R. IPMR • e1 wt \ MA4 0 � •i Mitt IOICOOFMOAROPPMOVIO MN MOO. R w 40/1".�(0 6,,, Tito•p�teeR1oantMrATO MAI AOIMMNwe M HOOPS MI y;a7 i N w 'Atha Aa1wI,aMM1oR IBIS PI rl N. �MI+wwlMMyyq u�Nf7AIn. I . NO./ j LEGEND: "I+ ARMfi PMJ u�5J y1 Aryl e►AI 1 MGM COME%IUaISLD AS 1IWM • MAITR tat Till/enAN'f scA I. !S', zoo'. ALPHA ENGINEERING CO. _ Ill STN nay-P.4,5011 Ill,111591 WFTOIy CMIMIAOO 1041 0 100' $00' 400' FM•MD*(OM)073-0110-MR I0/tom(1m)517-1305 PAM ONOINOR..1AC0(150111) MRMTrAIW MDR RAPMIMPMTA us* IT IAf on In MO/]0 ItCflC t -370' 11wI0gq,tMTA A ►t0,1P10i It1 IOfTT AWNS 20110] O05NOR9'fMMMO'A moo re II- n1 1A0 No 1-118-IT SEP.10.2001 9:31RM ST T TITLE GREELEY NO.380 P.4/7 IND CORRECTED RECORDED EXEMPTION NO. 1467- 06-I - RE 1516 PART OF THE EAST I/2 OF THE SECTION 6. TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, I Fast OFIDmPTON mow-MS wen wo CAW HALF Mal A TIENacnimsT OUSTER m,RANA smy M OM NAT OPTME MAM PnM µL RIM MD TANCTON ITNA�q THE SOMME/N ETT QUARTER DIRIMW►fEcTIEW MS(q,70VMM ONEM NORTH,RANCISMYADOMT09 WET of THE SIA1/1(FTAIPRINCI►AL MRIICNN,SEINE NORTHERLY OF 110E CENT[IERR OF TN;LOWER IaaaR SITCIL COaIit OF WEMO,STATE OF VEI'R COLORApo,Exuma Mom WP EMT lm OF 711E NORTHEAST Ill OP IECnan I RMT PPARCELOP LAND CONDTOTNE OE►ARTMEMa'tgOMnAYE,STATE0►COLOM00.IT DUD RECORDED AP I.I,1$l IN BOOK No AT FADE P,WITR TAE NOME mDNG MORE MR116ARARLY D15CR11E0 Al FOLLOWS; 1I' i ,- SIOINNINO AT 11*EMT 114 CORNEA OP SAID SECTION t THENCE S0r17mw ON A ECASIC 7RUv.r.ON THE •,.• BUREAU OF LAM WWAOEEIENT DEPEICCNT RSEDRVET OF INS ANC MOW TA EAST PA o►SAID Ms of -I �..1_• 510110NI A DITAACE Of MIM PELT TO A rata ON TWO MPRCAMATE CLMEM44 OF ME LOWER IQlAOER gmCN;IHACENOR1A tT,AWSN HASOupKRTKacSMNANTERUNRormELOWER Sottoc OWN S,:•- TA mama A=Am M4eawsw-Ma WT;NRNSFw-tom WET,NaSirerre-Mil FEET; I , /w' ,. .T-7'1 N1F4F1S TS WET,w-11E NW9S7MW 157- A An IU1'IE1SW-WA FIST:NM'IS7aW-110 TI WET: NEI'1SWw-73.71 ►Em IWPOIWE-177,71 P1ED,'worn.-71.7T WET,NS5mwe w-Ia I7 FEEt 'leQtRVA4 u , : /`_ /,' /' IltraNw MAFEET,E117EOcw-IN A FEET;reennew-Asa net Ea•1 ne w-WAFEET; A, WAWA-11tH FEET•up a'J.W.-N1M flET:IDEMIE fw-Sf-t7 FEET IC'1IFAM-g.77 FEET: 1IS77Ee1E-Imo AA;SaENno FE SE-AET a 'R'11w t -RLN WET;SN 71 PEST; MT MENV- .17 i / NIFaw-171,10 PEED.Imtpslw-WO FEET To A POINT ON THE an UPCOF AD sOUTMJIST 1tI Of • . io4 / .M // SECTION I TERMN01'IOTfALC7p MID WEST UmCFTA KIN A(EnTANCE or le t,FEET TO LIE CENTER -. . or MID SECTIONr T}R7asa'AEry7TALONOTIE NORTAUNE or SMOsw1KAST IN OF IEDNONII A DIATNNE C. ' \ or!Situ FEET TO THE SOUTHWEST WW1 or s40 WAIT la OF T11E NORTHEAST 101 CF SECTION I THENCE / g .( C ` KIWIENEµoN6 OW MST UNE OF IMP EAST*EDE we NCRH1fAET 114 OP SECTION IA DISTANCE OF 271324 FEET TO TMT'• 1 ''J POINT'OEIICO murmur lOUcoerce or worsen, o0we 0toowDEPARIM17RAST 1w AOAWSSAID • I ' - .TfINDEEAa n vALONGlitloU1l1EIRY1lflaryMDPARCELCONtTEplVTF1E OEPAR7NEATOFMCIMOYa . � •'• THE FOttaw1NOST�fmft I4I•4t4K—S'S1,sIFERTO TATION 177.16.7 P.C,►11oJaayN0.Ti00.g1AIµoNO ''O \ ME ARCOP ACIMVE IO TIR LEF7,HAVU A IACIUBO -itiJOELT.ACA01E7 MAT SOARS FUT:SWAIM 00 I R.0 FEET; NARO wcmON FRETMtn OET1Na'Tan-1ST IRO Ofi SAD EAST OF 11* FRT.FAGT• i1S-- ��, (� 71.70ONA,pa pa1IONT Ms PA N-his WTTOA stem TM rTHElA IROST MID EAST o OFT11EN eeri le T Ill OF / 'f%',• 1 1 � .� f IO17W1'WWALCNO SID FASTTIR Of Fur PMT 14 a'TILE NORTAWT IN AApIYMCR�or TIM.aOFET Mewl TO THE :., ' •Y:' " DORIAN',1NA07 ACRD MORE OR LEN. ' , )) ..,..;::;440.9- .s-..- 11. 1 : I ( •-•�. ' ( ,'' ---1 •+- war AscmroN•noT S] MIP NM .1.. I( l ( t....-•• • (9 NCRM.woe U*TVEIOMT As YET of TIC OATH RTM Pmt1CPRAWALP K MERRM oF S AE NTifliNG NE Et, of 1W ''T- —1 'r 1 IC WER••.\ oeseerUOrm LOPOVLDER men,C01tle O►7WIa•TATS Of Wa 1E MORE EIWTIM Rtt ' ' L� T,.�,.•_.i /Gl'T OascAIED AS POUAWm I SEOINNINO AT WE EMT 1/4 CUCCR 0►IPp EECI1ON R THENCE IN'1TW a ow A UTAPI G SHOWN ON TN! BUREAU OF LAND MAfMDEMEN7 DEPEMCENT REMIRYEY OF 177 MC µ7p THE EAST UNE OF SHED SEIM OF SECTION I A DISTANCE Of MN FEW TO A PONY ON THE M►RORIMAII'CEMTE10.NR Apia LOWER BONDER VICINITY MAP DITCH;THENCE NORTHERT,WEITERLYPIC.A111RLYµ0149 M EN M CRRUNE of THELOANLO soULCER WonTHE roLLOWNO 14 CARNEB:Illos N1w-AA PUT ID771aw-160.11 WET,Nor Ess E.-NA FWD ;CALE: V a 2000' 106'8 W-•M.N mil Ii 4tWw-Up FEET IN gin e-Ms n WET MWEIMTW-ICON FEET: NWOr'J11-150.04 rem worn-70.10 WT;MaralTE-171.74 WET;Rowan-76.31EET.F N N,1'ITIST-WM Fir NWOTII'E-71716 PUTT rsuon-151.10 FUTTO A POINT ON THE IAN UNE OF SAID FAR 1R OF TA NORRWAIT IN OF MAN a HENCE IA AIWA W MORD my parr we or THE LAST 1r2 Of THE NORI AIM 114 A DISTANCE ON WSW FEET TO THE POINT OF SEoINNNO, COWAN 11.010MIES WORE OR WA el A nowssesTAuw. I.ANL I.CROYW,A RIN17IRID PROPESION&L IMO MURVE'TDR IN TIE TAT.of COLOM00 Do IANEBT CERTIFY THAT TIN WARM ERAAF11oN RAT As PflPARED repo The RESISTS of A PRLO SURVEY COMPLETED Al1guT II, tla,LIAR MY PdIORAL ELREIMSIOM CIO TINT 110 RAT IS RN MOAN" REPRSENTApe NTNOROF.(FURNRRCEIIIIFTTMTIIREURVETANDMIBPIATCOMRJpa6MALLAPPuCA 4 RIVES, REm11ATONs, NC LAWS Of THE TOTE OF CaoRADe, STAN BOARD Of RDISNIATION FOR PRof ISIOWL DM AM kA F110FEIOHR.IS INC I FIEYNR ACID MEW COUNTY. : I'_ ., . I OFT SEARING Is ODEmNa THE BAIT uNR of THE OA7y 0.a,E,ap a,oMDO L.I.77n9 v4 or FT M A TWAIN I PAWN,NAM a ■ME soul PAOICIPµ►IRIDNN.NNW?OF alto. FCOu1MCO,ASAIM NORT11r1Ta'EMTMNNOaN WRAP of lANDMANAOEMENTPERNA:14TRESNMY .O AM; WIM ALL OTRR nuance umNO nei m e memo, """AAA.wiz.';'v 'TFLE ram WAS ProllIND C NTS.I►ANT rREON ANNOTM7l.EMEMEN77YY w TED TO SE RESEARCHED AHD ANA ON PIO PUTT. , Fos MANI. TOLERANCE o/ BT SURMA CORrER mitoeeT1ONeTOMUMReteneIp1'MRotamuI THE tNDEltSIGNRAm0 THE sou olME11EINPRFT11 0EA.DYEOESMIIEDFROPERTY DO HERI:ET1VIDR'IOE a 0.7 Of A FOOT. TIE MME Al SHOWN ON THE ATTACAEID MAR M aan1'ANO an PROPERTY Is LOCIITFA IN THE'A' 4wRICULTU4AN ZONE OISNIKTMA W ALSO ERACED TO PROVIDE AHEM FOR THE CONDUCT of OTHER uses ALIQUOT 71011014 DOWN WNW HAEN4 AU T HINT,AeoeseoVW tare,NC Se T IPECML AAYI1W. SLONFILO rept COLOMDO IMP SURVEY MOIARAENT FARM C,R/�_T EA7S(D• CMTA !Rs AMA AND SAID LAID CatI% ITN4TCLEM ATAa M-Pa..nl',e_eo c_ RISER IN SAID MCNIREns oet eller Ma IAOIMIITMECORN aITMRANO NEW 1 a1MORT MADE AT S.IIITOB WtLL NAVE OFFICER' OT s'. ub.7�il R m0. a PORSO11I0 CE1ER►KATL wee '�• Ar wow Me 1W1.�DAY oe A•A eau 0. 1Tµ• aim AAA A• �_ �'MT ONMAIO MY THE eocoorrt rim IIL4ccerRO rare MMIROVeo Fat RUNG.VC DIPAMwie or R ....-L micron ,I 1 I II 1420 Rap 2367345 , 01/03/94 12 :00ak $15 .00 1/003 -- • F 0716 MAPF ANN FEUERSTEIN CLERK 6 RIEORDER WELD CO, CO AR21670'5 ff CORPORATION SPECIAL WARRANTY DEFY) ( SIAM DOCUMENTARY I Date Farm Credit Bank of Wichita = , SO THIS INDENTURE, made this 21st day of Denember, 1993, between FARM CREDIT BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, .ad H. GENE BULTHAUP and CAROLYN M. BULTHAUP, as joint tenants, whose'ddress is 620 Highway 52, Erie, Colorado 80516. WITNESSETH: That the said party of the first part, for good an 1 valuable consideration to it in hand paid by the said party of the second part, the receipt of wl lit is hereby confessed and acknowledged, has granted,bargained, sold and conveyed, and by tF se presents does grant, bargain, sell and convey unto H. GENE BULTHAUP and CAROLYN ref. PULTHAUP, their heirs, successors and assigns, forever, its title .o and interest in the fallowing described real estate situated in the County of Weld and State of Colorado to wit Lot 3 of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded Oct .,er 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NE1/4) of Section Six (6), Township One(t)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that part of the Southeast Quarter (SEl/4) of Section Six (6), Township One(1)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly des ibed as follows: Beginning at the East 1/4 Corner said Section 6; Thence S01°17'00"W on a bearing shown on the Bureau of La d Management Dependent Resurvey of 1952 and along the East line of said SE1/' of Section 6 a distance of 891.07 feet to a point on the approximate centerlire of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly thong said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W — 79.09 feet; N62°58'38"W — 183.07 feet; N55°26'29"W — 132.91 feet; N60°24'19"W - 142.18 feet; !$76°28'39"W — 157.99 feet; N61°48'18'W — 77.62 feet; N46°18'28"W — 110.78 feet; I:24°16'08"W - 72.71 feet; N02°45'55"E -- 137.31 feet; N28°08'38"W — 71.77 feet; N55°42'56"W — 134.67 feet; 1;73°39'24"W — 317.00 feet; 586°59'04"W — 259.70 feet; N79°52'14"W -- 385.77 fat; S82°10'36"W - 52.32 feet; S54°46'29"W - 246.55 feet; S72°20'05'W - 248.93 feet; S47°17'29'W - 37.17 feet; S03.16'30'W - 42.23 feet; S27°36'01"E- 195.07 feet; S04°35'45"E—73.50 feet; S31.32'i1'W- 132.36 feet; S58°41'38"W-76.12 feet; N81.18'54"W— 136.60 feet; 580°12'28"W— 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence N0190'12'E along 1 West line of the SE1/4 a distance of 742.74 feet to the center of rid Sec 6; Thence S88°42'13"E along the North line of said • • . • B 1420 REC 02367045 01/03/94 12200 $15.00 2/003 F 0717 MARY ANN FEUERSTRIN CLERK & RECORDER WELD CO, CO Southeast 1/4 GI Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section b; Thence NOl'15'32'E along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along thr St itherly line of said parcel conveyed to the Department of Highways the following 6 courses: N89.42'45'E — 254.54 feet to Station 173+93.3 P.C. Project No. 50030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, a chord that bears N87°24'45"E— 618.03 feet, and an arc length of 618.20 feet; N85'06'45"E- 181.20 feet; N85°4E'15"E— 191.10 feet; S43'43'15"E-70.70 feet; S88°39'00"E- 28.60 feet to a point on the East line of rid East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°2C'41"W along said East line of th(: East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: That part of the East Half (E1/2) of Section Six (6), Township One (1) North, Range Sixty-Eight (68)West of the Sixth (6th)Principal Meridian, being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S010°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet tr a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41"W — 62.92 feet; N31°36'15"W — 189.15 feet; N07°28'47"E — 98.75 feet; N08°38'20"W — 49.99 feet; N26°22'02"W — 322.52 feet; N42°18"37"W — 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31"E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33"E- 170.54 feet; N41°53'52"E—79.29 feet; N19°27'15"E— 137.62 feet; N36°53'13"E — 75.59 feet; N56°58'04"F - 288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6; Thence S01°20'41"V along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.9 '• feet to the Point of Beginning. RESERVING, HOWEVER, unto party of the first part any minerals and mineral rights acquired prior to January 23, 1986. Party of the first part conveys 100% of all minerals and mineral rights now owned by it, if any, which were acquired after January 23, 1986. SUBJECT TO: Easements, rights of way, restrictions, reservations, mineral interest or mineral leases e f record, and any building or zoning restrictions or regulations. B 1420 REC 02045 01/03/94 12s00 4 .00 3/003 F 0718 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the same, together with all and singular the title and interest of party of the first part in and ta the ttnements, headitaments and appurtenances thereunto belonging, or in any wise apptrtaining, forever. And the said party of the first part hereby co' wants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the party of the second part, their heir, successors, and assigns, and all at ' every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. IN WITNFSS WHEREOF, the said party of the first part has caused these present to be signed by its Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written,4r. LA- itit ................ ATTEST: ;,j fir 14 Farm Credit Services of The Mountain Plains, Federal Land Bank Association, a e SEALCorporation, as Attorney in Fact for Farm ° .*;' Credit Bank of Wichiita, aCorpoo don fw .`rte i By: dE A stant Secretary / avid G. Haak, Assistant Vice fiesi ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for said County and State, on this 2-I day or December, 1993,personally appeared David G. Haak to me personally known and known to me to be the identical person who subscribed the name of Farm Credit Services of The Mountain Plains, Federal Land Bank Association, a Corporation, as Attorney in Fact for Farm Credit Bank of Wichita, a Corporation, Wichita, Kansas, to the foregoing instrument as its Assistant Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the game was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the purposes set forth and specified therein. Witness my hand and seal the day and year last above written. �t�RY•F;U• Notary Public ` — My Commission Expires: 1 i KIM9ERLEE G•j DERR 223 111111 III 11111111111111111 �I� II IIIII III 11111 ���� ���� 2832223 08/11/1988 10:018 Wald County CO �— -- 1 of 3 R 18.00 0 3.12 JA Sukl Tsuksmoto =_ — QLIYCL.AIM DEED THIS DEED,made this 3rd das of August .19 98 . between H. GENE BULTHAUP and CAROLYN M. BULTHAUP 620 Highway 52, Erie, Colorado 80516 of the 'Count!,of WELD and State of Coiorado.granlndsl.and RICHARD H. BULTHAUP and ANGELINE M. BULTHAUP, STWROS whoselgaladdressls 2780 W. 149th Avenue, Brownfield, Colorado 80020 of the County of and State of Colorado.granteelsl. WITNESS,that the grantorls).for and In consideration of the sum of THIRTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/100THS---($31,250.00) DOLLARS. the receipt and sufficiency of which is her acknowledged.have remised.released.sold and QUITCLAIMED.and by these presents do remise.release.sell and QUITCLAIM unto the grantee(s). their heirs.successors and assigns forever.all the right.title.interest.claim and demand which the grantor(s)ha ye in and to the veal propert.together with improvements.if any. situate.Ems-and being-in the Count of WELD and State ofColorado, described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. also known by street and number as: assessors schedule or parcel number: TO HAVE AND TO HOLD the same.together with all and singular the appurtenances and privileges thereunto belonging.or in anywise thereunto appertaining.and all the estate.right.title,interest and claim whatsoever of the grantor(s),either in law or equity.to the only proper use.benefit and behoof of the granteelsl their heirs and assigns forever. IN WITNESS WHEREOF, e grantor(s)ha r e enecuted this deed on the date set forth above. ENE ULT ,UP f AROLYN M-. BUL'THA UP- �� III I ICI STATE OF COLORADO 1{ County of BOULDER ss' t The foregoing inssru"‘,1,y knowledged before me lass 3rd day of August ,19 98 by H. Gene t!aSp `�+ Carolyn M. Bulthaup. $•Q'?.e fl)\ae Witness my hand end othetal seal. 1 Alp coomttzston espires May 19 2002 text AS ° .! iniet ‘‘,OF Qp-OP Phillip S. Won• dame situ Address or Person Crdvnny V:..h Created Legal Oesrnpnon 16 16 C6.S CR.51 '. ....___ JAI ... ., .... - OF CON•". _ rtaiassh o. nut1 o.v.1.s,Key.y-9e. QUI ILIA, DEED andfora Psbtishini,nafwuciSt..Denror.rb 8020—(7031191'1500-5.97 ?.tli • • EXHIBIT "A" An undivided one-fourth interest in and to the following described property: Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (El/2) of the Northeast Quarter (NEI/4) of Section Six (6), Township One(1)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that part of the Southeast Quarter (S131/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch,County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S01°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East tine of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W -- 79.09 feet; N62°58'38"W -- 183.07 feet; N55°26'29"W -- 132.91 feet; N60°24'19"W -- 142.18 feet; N76°28'39"W -- 157.99 feet; N61°48'18"W -- 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'08"W -- 72.71 feet; N02°45'55"E -- 137.31 feet; N28°08'38"W -- 71.77 feet; N55°42'56"W -- 134.67 feet; N73°39'24"W -- 317.00 feet; 586°59'04"W -- 259.70 feet; N79°52'14"W -- 385.77 feet; 582°10'36"W -- 52.32 feet; S54°46'29"W -- 246.55 feet; 572°20'05"W -- 248.93 feet; 547°17'29"W -- 37.17 feet; 503°16'30"\V -- 42.23 feet; 527°36'01"E-- 195.07 feet;504°35'45"E--73.50 feet; S31°32'51"W-- 132.36 feet; 558°41'38"W --76.12 feet; N81°18'54"W -- 136.60 feet; 580°12'28"W -- 47.67 feet to a point on the West lino of said Southeast I/4 of Soction 6; Thence NO °10'12"13 along said West line of the SEI/4 a distance of 742.74 feet to the center of said Section 6; Thence 588°42'13"E along the North line of said 11HIll 1111111.111111111 IIIII UI 11111111 III 111111111 IHI 2632223 08/11/1998 10:01A Weld County CO 2 of 3 R 16.00 0 3.12 JO Sukl Taukamoto 1; -4' e 41. S 111111111111 MIN 1111111111 III 11111111111 11111 IIII IIII 2632223 08/11/1998 10:01R Weld County CO 3 of 3 R 16.00 D 3.12 JR Sukl tsukamoto Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence N01"15'32"E along the West line of said East 1/2 of the Northeast I/4 of Section 6 a distance of 2712.24 feel to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest curlier of said East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Depat tment of Highways the following 6 -0urses: N89°42'45"E -- 254.54 feet to Station 1731-93.3 P.C. l're!eel No. 50030(12); Along the are of a curve to the left, having a radius of 7,700.00 feel, a chord that bears N87°24'45"E--618.03 feet, and an arc length of 618.20 feet; N85°06'45"E-- 181.20 feet; N85°46'15"E-- 191.10 feel; S43"43'l5"Il--70.70 feet; S88°39'00"E--28.60 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said last line of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEVI Lot A of 2nd Corrected Recorded Exemption No. 1167-06-1-111:1516, recorded October 4, 1993, at Book 1404 under Reception No- 02353061, being more ''a rticnlarly desrribed as follows: "That part of the East Half(E1/2) of Section Six (6), Township One (I) North, Range Sixty-Eight(68) West of the Sixth (6th) I'l inched Meridian, being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Coiner of said Section 6; Thence S011117'00"W on a beating shown on the Bureau of Dual Management Dependent Resurvey of 1952 and along the East line of said SEI/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along-said centerline of The Lower- Boulder. Ditch the following 14 courses: N30"01'41"W -- 62.92 feet; N31"36'15"W -- :89.15 feet; N07°28'47"E -- 98.75 feet; N08'38'20"W -- 49 29 feet; N26°22'02"W -- 322.52 feet; N42"18"37"W -- 446.79 feet; N0844I'47"W -- 51.64 feet; N16"02'31"E -- 140.04 feet; N38"58'_44"li -- 70.10 feet; N60°29'33O3-- 170.54 feet; N4 1"53'52"E"53'52"li--79.29 feet; N 19"27'I5"1!-- 137.62 feet; N36°53'13"11 -- 75.59 feet; N56°58'0'1"Ii -- 288.50 feet to a point un the East line of said East 1/2 of the Northeast 1/el of Section 6; Thence S0I"20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of '673.94 fret to the Point of Ilevinulnr. - - Together with an undivided 1/4 interest in any mineral and mineral rights owned by Grantor. C4\ 1111111111111111111Ili IIII11111111111III IIIII IIII • 2842031 04119/2001 04:06P JA Suki Tsuknmoto 1 of 3 li 15.00 D 0.00 Weld County CO C 37 QUITCLAIM DEED TM THIS DEED,dated this No day of April,2001, between H.Gene Bulthaup and Carolyn M.Bulthaup of the County of Weld and State of Colorado.grantors,and Carolyn M.Bulthaup.sole owner. whose legal address is 620 Highway 52.Erie. of the County of Weld.and State of Colorado,grantee, WITNESS,that the grantors.for and in consideration of the sum of No Consideration Paid,Pursuant to Dissolution of Marriage, ('use No.: 00 OF 407, Boulder District road, the receipt and sufficiency of which is hereby acknowledged,have remised.released,sold,and QUITCLAIMED,and by these presents do remise,release,sell,and QUITCLAIM unto the grantee,her heirs,successors and assigns.forever,all the right,title.interest,claim and demand which the grantors have in and to the real property,together with improvements.if any,situate,lying and being in the County of Weld and State of Colorado.described as follows: SEE ATTACHED EXHIBIT A Also known b)street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging,or in anywise appertaining,and all the estate,right,title, interest and claim whatsoever of the grantors,either in law or equity.to the only proper use,benefit and behoofofthe grantee,her heirs and assigns forever. IN WITNESS WHEREOF,the grantors have executed 'this deed on the dda"te set forth above. Il—{��/ Ujre Nit/7Jk�U 1.. ..r S�F ene Bulthaup /'/1"_� Carolyn Bulthaup STATE OF COLORADO ) STATE OF COLORADO ) VAS )ss. )ss. County of VAS ) County of Boulder ) Th g t ntw acknowledged before me The foregoing instrumpnt was acknowledged before me Ihi : VI 2001.by this 1 day of 1 2001.by /1!:.4 1•, c Carolyn M.Bulthaup. Witness nn'hand an!o ial seal. Witnes ....t :va mial seal. :ronp�C� 'O 'LB�Z M; n • �h5igf�tr't 13.900 .yqT N.P. ' • i �(� ppp •��^ i = i Notary Pubh 'I,t7. •• y_? Notary Public x R OOu_ SKLD LG 172 . 20 . 16 . 94 WE 2842037-2001 . 001 AEI 11111 111111111111 ills 11111111111 III III Illi III 2842037 04/19/2001 04:06P JA SuM Teukamoto 2 of 3 R 15.00 0 0.00 Weld County CO )4 ,, Y r ")Ji "J ti ;f 1} Exhibit 'A" • ' . { ft,..t{ Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-R21516, recorded t4,,,i'p` Pall; ; i(.: /ti•t,t, October 4, 1993, at Book 1404 under Reception No. 02353061, being more ,;n• Y'tjSr, particularly described as follows: . '`•`" uh°:xfl ;, •(' t ' The East Half (E1/2) of the Northeast Quarter (NEI/4) of Section Six (6), •' ' 4 i,1t12, Township One(I)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal &lit t' Meridian, and that part of the Southeast Quarter (SE1/4) of Section Six (0, 'is •'r 14 w j, Township One(I)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal0) 04 '{ IFr' Meridian, being Northerly of the centerline of The Lower Boulder Ditch, County 1,Jl fj'/r of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of k:'.I� Section 6 that parcel of land conveyed to Department of Highways, State of 1 'opt Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the kiteta balance being more particularly described as follows: yr1 ' Beginning at the East 1/4 Corner of said Section 6; Thence S01°17'00'W on a gr,•4g bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 'V,It- • and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a ;;,?:;:•,, ,`t;' point on the approximate centerline of The Lower Boulder Ditch; Thence ;;.:•,. , t•hl � '. �'1Gy1 Northerly, Westerly and Southerly along said centerline of The Lower Boulder ltJlit Ditch the following 25 courses: N74'30'35'W -- 79.09 feet; N62°58'38"W — 183.07 feet; N55 26'29"W -- 132.91 feet; N60 24'19"W — 142.18 feet; t/ZW.,0. N76°28'39"W -- 157,99 fiat; N61°48'18"W — 77.62 feet; N46°18'28-W — � � • ".ls}., 110.78 feet; N24°16'08"W -- 72.71 feet; NO2°45'55"E -- 137.31 feet; "'y( ' ''•"r Jatr(l r r ,• j}i1i?i N28'08'38'W -- 71.77 feet; N55°42'56'W — 134.67 feet; N73°39'24"W — • , : *, 442'i. 317.00 feet; S86°59'04"W - 259.70 feet; N79•52'14'W — 385,77 feet; _J . .,1 „• !Ht.' 582°10'36'W - 52.32 feet; S54°46'29"W — 246.55 feet; S72°20'05'W — A • •i' s. ..' 248.93 feet; S47°17'29"'N — 37.17 feet; S03°16'30"W - 42.23 feet; <45'.. . ''`. ` 4. ;.�;; S27'36'01'E-- 195.07 feet; 504°35'45'E--73.50 feet;S31°32'51'W-- 132.36 ;�' t'•`.� feet; S58°41'38"W--76.12 feet; N81`18'54"W-- 136.60 feet; 580°12'28"W— 01 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6;Thence 1.$( N01°10'12"E along said West line of the SE1/4 a distance of 742.74 feet to the 43'4 center of said Section 6; Thence S38°42'13"E along the North line of said1f4 ) I.{4 Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6 Thence N0l°15'32'E along the J {a :1 West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 t" ,F feet to the Southwest Corner of said parcel of land conveyed to the Department t t,,!: _AA. of Highways, said point being 83.60 feet South of the Northwest corner of said i e, East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly 7F1(<„ •, ! = line of said parcel conveyed to the Department of Highways the following 6 • itIg.; courses: N89°42'45"E — 254.54 feet to Station 173+93.3 P.C. Project No. "- i; ' ` J' q S0030(L2), Along the arc of a curve to the left, having a radius of 7,700.00 feet, ;r r 4119 Pt ;{r° : .j. , •'•r :jr:'. f'.f ft it i3` t , Lii't 1 q fi �, JIM 4tf l' ,r i °' eif i r1t ''�r /1. �tl ' '�./� 1li r l , i I ' i ', t ' •7 11 t1777 . u1r c„�!� � � f 1 1 '� + j .,� ., i14, r 1 � I( r•: . ` e. yy(. lr I �.. >11. , 41.f • .r ,� lllf U1 1s ,7 + 1f r'�1. . s • t'r 71i.,.. I SKLD LG 172 . 20 . 16 . 94 WE 2842037-2001 . 002 • 1111111 11111 1111111111 I'll 111111 11111II11111111111111 2842037 04/18/2001 04:06P JA Sukl Tsukamoto 3 of 3 R 15.00 D 0.00 Weld County CO /,..•j'j ,..,yy...S3 •,i, �j yL'1 ;' a chord that bears N87°24'•15"E-.618.03 feet, and anf arc length of 618.20 feet; : I t . ,rt), N85°06'45"E- 181.20 feet,N85'46'15"E- 191.10 feet,543°43'15"E—70.70i. tot feet; S88•39'00"E—28,60 feet to a point on the East line of said East 1/2 of the �s'c ' I L',' 7J'. Northmst 1/4 of Secton 6, said point being 97.90 feet South of the Northeast ;r"�u r 0,._1;$ corner of said Section 6, Thence 501°20'41"W along said East line of the East • t. ` , • 114 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning uw ,1311. EXCEPT ti'S' rr. 41'.20i111 .. 5 1O11� Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded 's: r , ;(f Ir October 4, 1993, at Book 1404 under Reception No. 02353061, being more a •I• tre'lfi 1 particularly described as follows: t ), I 3 1 kt It, That part of the Last Half (El/2) of Section Six (6), Township One (1) North; 2 ,,A 45 Range Sixty-Eight 68 West of the Sixth(6th)Principal Meridian being easterly ?`%"4 of the centerline of The Lower Boulder Ditch, County of Weld, State of - 4.(tS,'4, Colorado, being more particularly described as follows:its ?till's Beginning ° " 1 :4• kt},.# at the East 1/4 Corner of said Section 6; Thence SO10 1700 W on a ., 0 ,1;`r, bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 1,•til and along the East line of said SEl/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Irk . t �} Northerly, Westerly and Easterly along said centerline of The Lower Boulder �f"A¢ ; •;!:' ;', ;t '. '• l Ditch the following 14 courses: N30°01'41"W— 62.92 feet; N31.36'15"W— tIli. '; •1'�r.! 189.15 feet; N07°28'47"E — 98.75 feet; N03°33'20'W — 49.99 feet `.'7} ';'. Vii''. N26°22'02."W — 322,52 feet; N42°18"37'W — 446.79 feet; N08°41'47"W � 4,:;1..t.411.'` =" f`%$ ;•• 51.64 feet; •N16'02'31'E — 140.04 feet; N38°58'34'E — 70.10 feet; t :' 1t fill's N60°29'33"E-170.54 feet;N41°53'52'E-79.29 feet;N19°27'15'E-137.62 iv ' ,1%q,,y', feet; N36°53'13"E— 75,59 feet; N56.58'04"E—288.50 feet to a point on the % t East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence S01°20'41"W ! ' 't • `; along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 . ' , Ir ' . feet to the Point of Beginning. �.. 'V tri, 11y �,;1 r F. i. t ° r 'V 't; iyr.' , Ilia ! et 2 a i - dt 14'VP t ' t1 VII4:41i1 'tei41' J l r r ,�,�t �i 'pF, / ,.•1 'lPli�ppAA44 4:41i 1. ir.l+,' 1r. 1 4' ^ , 1 '�1'° •1, l�' Y'11it(i.tr t5 w a J f .Sf ( .. .. _.. ,ti y ;t. �1f/. • it),, i, ItYr� y, � n. , ,t.;S,;/ /,rl'4tj` , ',1 , r }.V. i �,:: �.' � -SKLD LG 172 . 20 . 16 . 94 WE 2842037-2001 . 003 B 1236 REC 02183198 06/20/89 11 :25 $15 . 00 1/005 F 0079 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2183198 COVENANT THIS COVENANT, made this /to — day of fLtki. , 1989 , between SHIRLEY E. KOCH and KENNETH E. KOCH of the County of Weld, the parties of the first part, and the CITY OF LAFAYETTE, a Colorado municipal corporation, which address is 1290 South Public Road, Lafayette, Colorado 80026, County of Boulder, the party of the second part; WITNESSETH: That the said parties of the first part, for good and valuable consideration, have sold to the said party of the second part the following described water rights, to wit: 7 .0 shares of the preferred capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company and 15. 0 shares of the capital stock of the Base Line Land and Reservoir Company. Immediately prior to the sale, Sellers owned the following water rights which were used to irrigate portions of the following described lands: 190 shares of the capital stock of the Leyner-Cottonwood Consolidated Ditch Company 25 shares of the capital stock of the Erie and Coal Creek Ditch Company. 9 . 99 shares of the preferred capital stock of the Lower Boulder Consolidated Ditch Company. 15. 0 shares of the capital stock of the Base Line Land and Reservoir Company. The W 1/2 of Section 5 and the SE 1/4 and the E 1/2 of the NE 1/4 of Section 6, Township 1 North, Range 68 West, 6th P.M. , Weld County, Colorado. The parties of the first part acknowledge that the water associated with the 7 . 0 shares of the preferred capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company and the 15 . 0 shares of the capital stock of the Base Line Land and Reservoir Company purchased by the party of the second part will be utilized by the City of Lafayette in its municipal water system, and that in order to effect such usage, the water associated with B 1236 REC 0,3198 06/20/89 11 : 25 05 . 00 2/005 F 0080 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO said rights will need to be transferred in an appropriate Water Court proceeding from agricultural to municipal purposes. As an aid to the transfer of the above described water rights to municipal purposes and as an inducement to the party of the second part to purchase the water rights associated with said shares, the parties of the first part hereby agree and covenant that, subject to the following conditions, future irrigation of the above- described lands will be limited as follows: (a) The portion of the lands owned by the party of the first part described as follows shall not henceforth be irrigated with any surface or subsurface water which is tributary to Boulder Creek, St. Vrain Creek, the South Platte River or any tributaries thereof. Neither shall such lands be planted with crops which are capable of extending roots into the underlying groundwater, including but not necessarily limited to the growing of alfalfa. All land which lies between the Lower Boulder Ditch as said Ditch presently exists on the ground and the North property boundary of the lands owned by the party of the first part, as more particularly described in a Deed filed in the Office of the Weld County Clerk and Recorder at Book 621, Reception No. 1543109 , recording date of February 26, 1970. A plan view of the property is attached as Figure "1. " (b) Any irrigation of the portion of property owned by the party of the first part which lies South and East of the Lower Boulder Ditch, as said Ditch presently exists on the ground, shall be strictly limited to those water rights above described which were not sold to the party of the first part. A plan view of the property affected by this restriction is attached as Figure "2 . " This covenant shall not prohibit the parties of the first part, their heirs, successors and assigns, from irrigating the lands with water rights which have been transferred to the subject property through an appropriate Water Court proceeding, irrigating the lands with water from a well or wells covered by a Court approved Plan for Augmentation, irrigating the lands with water which is not tributary to the South Platte River Basin, or irrigating the lands with treated water supplied by a municipality or a water district. It is expressly understood and agreed by the parties of the first part that the restrictive Dry-Up Covenant set forth herein shall attach to and run with the land and shall be binding not only upon the parties of the first part, but also upon their 2 41'B 1236 REC •83198 06/20/89 11 :25 15 .00 3/005 F 0081 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO heirs, successors, assigns and any other persons or entities which acquire an ownership or leasehold interest in all or a portion of the subject property in the future. The benefits of this Covenant shall inure to the party of the second part, ,its successors and assigns, as well as any vested water right owner or user which is materially injured as a result of a violation of the within described restrictions. Such persons or entities are specifically given the right to enforce these restrictions through any proceeding, at law or in equity, against any persons or entities violating or threatening to violate this Dry-up Covenant. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand and seal on the day and year first above written. ow Ste" ��.* *** SX,.fr Shirley E. Koc .4: \OMRy C 4P0 B CI.4) YEZ.ZIOISCA d Kenneth E. Koch STATE OF COLORADO ) SS COUNTY OF BOULDER ) 1 h, The foreg ing instrument was acknowledged before me this day of (/l/'L" , 1989 , by Shirley E. Koch and Kenneth E. Koch. WITNESS my hand and official seal. My commission expires: NOV/ / e I ' I /, Nota)ry Public 3 J i ) .;. ,. .. , :\ . ,..,.. ,..4, � l o 1 t- m ' � .,-II , Plumbs .. , ,.. .I:r"- • . .„_., ._.„ \..... „ . ! �£9a _ l . : _ . , .\ . ,. I T. 2 N. 1kS \_ Ml�if RnL _ BOULDER AND WELD DITCH b' •„.- ) / ° t ' : . ' n LOWER BOULDER DITCH ( i/ 7 /- . ! / . .,.� ' • V$ : ( 0 .9 . , q ( - ; , 4'4!;,,-..,,,,.. I • - 3 I i' ', �� _ ERIE AND COAL CREEK DITCH i ( \ ii e \ \ :, ; 1__ 5 PAC/F/C �� LEGEND FIGURE 1 3 - KOCH FARM BOUNDARIES GENERAL LOCATION MAP N . __ Z. AFFECTED LANDS � KOCH FARM DRY-UP APPROXIMATE SCALE: 1 IN. = 1950 FT. SPRONK WATER ENGINEERS, INC. 15 . 01 . LAF JUNE, 1989 U �J. ' ' o `9 31 • 0 • 32 i I 33 us C 3 ca \ ) �� /cc In . I - ../�- \I �... s ., :/ II , • '_FIumbs ! • •• .42 ' ')• 1 m• T. 2 N. �<95) / , 1 i\a_.� MINERAL. •••"- . !q • BOULDER AND WELD DITCH ( • af. , /J.' /i 1:12. 7. ' -' ., \ 1 I \, , . ) : . • •. LOWER BOULDER DITCH-t • • I_ , I /•o. /ity �7— ±' ? •r9 ' %� ( \k\\ O _ 1` ' • ;I i1 iJ + te 504 i !JI . :. 3 �.I/f \ \ \ `•E� -, ERIE AND COAL CREEK DITCH \ `1 O 19 \ \.1; / \_____.: ( PACIFIC LEGEND . FIGURE 2 sh' N mom KOCH FARM BOUNDARIES GENERAL LOCATION MAP ZAFFECTED LANDS KOCH FARM DRY-UP APPROXIMATE SCALE: 1 IN. = 1950 FT. SPRONK WATER ENGINEERS, INC. 15 . O1. LAF JUNE, 1989 limmuir LEFT HAND WATER DISTRICT MEMORANDUM TO: Richard Bulthaup 2780 W. 149th Avenue Broomfield, CO 80020f � FROM: Kathryn A. Peterson4 DATE: August 21, 2001 NNN��, RE: Tap Request #2128 Request Date: 8/9/01 For: two residential taps Engineering evaluation: A review of the above referenced tap request has shown that two taps could be served from the 10" main in Highway 52 (small line in WCR 3 does not have adequate capacity for additional taps) . Both lots must have frontage on, or an easement to Highway 52 . It is recommended that you oversize your private service line if long. If you are interested in purchasing a water tap and receiving a tap commitment, return this letter to us indicating the date on which you wish to have your tap request presented to the Board of the District for final approval . Board meetings are held the Thursday following the second Tuesday of each month. Your attendance is not required, however, this form must be received at our office by the Monday preceding Thursday' s Board meeting. Date you would like your request presented to the Board: Your signature: We will notify you once your request for a tap commitment has been approved by the Board and you will have 60 days to pay all components of the tap fee. You are under no obligation to purchase a tap at this time and the above conditions to serve do not constitute a commitment on the part of the District to serve, until all conditions for service have been met. A copy of the current tap fee is enclosed for your information. Please note that these fees are subject to change at the discretion of the Board, without advance notice. The fee paid will then be the current tap fee at the time of payment . We will consider your request withdrawn, unless we hear from you within 60 days . Future requests for service may require a new application and/or fees . P n new 1111 .N:..,nt en. unced.rtn'il c%A..d2(I(1 . Fur (i(Yi1 Gi(1_G2c2 SEP-14-2005 WED 07:55 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 01 09/13/2005 171E 10:14 FAX -H-AL 1V J Left Hand Water District September 12, 2005 Greg Balmes Salutes Homes, Lite 7227 Reflection Drive Erie, CO 80516 Re: 830 Highway 52 Lot B AMRE-3200 TO WHOM IT MAY CONCERN The property located at the above legal description �is within the "Service Area" of Left Hand Water Dietri5rt . When all conditions and requirements are met, Water service would be available to the above stated area. This entitles one living unit to receive water service at this location. Si cerely, Kim Lane Administrative Assistant Left tland Water District PD.Sox 210«Niwot,CO 8t1544-0210«Phone 303.5:30-4200 at Fax 303-330-5252«wwwlefdtandwater.dst.c0-us Hello