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HomeMy WebLinkAbout20000137 36a RESOLUTION RE: ACTION OF BOARD CONCERNING SUBDIVISION EXEMPTION #789 - BOYD MEYER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption #789 was submitted by Boyd Meyer, 5413 E. Harmony Road, Fort Collins, Colorado 80525, for property which is located in part of the East half of Section 24, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after reviewing the Planning staffs concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of the Weld County Subdivision Ordinance as defined in Section 1.3. 2. The Board feels this division would be inconsistent with efficient and orderly development, because the end result would be an island lot having access only across other properties. 3. The Board feels this proposal is not consistent with the Weld County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Subdivision Exemption #789, submitted by Boyd Meyer be, and hereby is, denied. 111111 1111111 III lit IIII 2747302 02/01/2000 03:13P JA Suki 7sukamoto 1 of 2 R 0.00 D 0.00 Weld County CO pct.: PL, CA, filGy.2 2000-0137 SE789 DENY SE #789 - BOYD MEYER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2000. BOARD OF COUNTY COMMISSIONERS / A W LD COUNTY, COLO DO ATTEST: A I_/ ��YY��JJ v� Barbara J irkmeyer, Chair Weld County Clerk to the '•oar• <F spy e, � i / ovr BY: .r to sr �4C ►�r / Deputy Clerk to the, f: S' `� eiN14 George . Baxter APPROVED AS TO7 ORMI: y Dale K. Hall CC‘, _ y (�_, --county --�_ Glenn Vaa 1111111 11111 111111 111111 EMI 11111131111111111 2747302 02/01/2000 03:13P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO 2000-0137 SE789 C DEPARTMENT SERVICES RECORDED E EMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Eric Jerman HEARING DATE: January 17, 2000 CASE NUMBER: SE-789 APPLICANT: Boyd Meyer REQUEST: Subdivision Exemption in Conjunction with a Recorded Exemption LEGAL DESCRIPTION: Part E2, Section 24, Township 6 North, Range 67 West of the The 6th P.M., Weld County, CO. PARCEL NUMBER: 0807 24 000022 PARCEL SIZE: 2.5 ZONE DISTRICT: A(Agricultural) WATER SOURCE: North Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance, as follows d. Section 11.4.2.4- Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of the Weld County Subdivision Ordinance. 1) Section 1.3.1 -Assisting orderly and integrated development. The proposed Subdivision Exemption would create an "island" lot, that is, a lot that has no part of its external boundaries that are adjacent to a county road or a State Highway. In this particular case, there are two existing homes on the property. The proposed Subdivision Exemption would divide off two and a half acres of land and one existing house from the remainder of the farm. The lot would be over fifteen hundred (1,500')feet south of the nearest road access, State Highway 392. 2) Section 1.3.7 - Safeguarding the interests of the public, the homeowner, and the subdivider. This application does not take into account the interests of the future owners who will be responsible for acquiring any utilities that do not currently exist on the site. Additionally, there are not adequate provisions for the continued maintenance and upkeep of the access road. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2000-0137 2. Prior to recording the plat, the applicant shall: A. All approved accesses shall be clearly shown on the plat. B. Access is indicated to the SE Lot from State Hwy 392. Colorado Department of Transportation (C.D.O.T.) has jurisdiction over all accesses to State Highways. State Hwy. 392 Is designated on the Transportation Map as a principal arterial road, that requires 150 feet of right-of-way, 75' from the centerline. The 75 feet of right-of-way shall be delineated on the plat. C. The applicant shall provide evidence to the Department of Planning Services that an access permit exists or that access has been granted by C.D.O.T. D. A 30-foot wide joint access easement extending across Lot A from State Hwy 392, for the benefit of the SE-789 Lot, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. E. The applicant shall submit a completed Road Access Information Sheet to the Weld County Department of Public Works. F. Submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Health Department. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located at 12,000 Weld County Road 392. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 3. A. The following notes shall be placed on the plat: (1). All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. (2). Under the Weld County Subdivision Ordinance, the property is still recognized as one parcel. No additional building sites are created with this Subdivision Exemption. The lot created for financing purposes shall not longer exist upon termination of the financing arrangements. (3). RE-2578 was approved in conjunction with this subdivision exemption for the purpose of dividing off a second set of existing improvements from the parcel. 4. Planning Staffs approval of this subdivision exemption is based upon satisfying the above conditions. 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 Board of County Commissioners with a recommendation for denial. a rs DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Ci Wl Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO January 13, 2000 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Subdivision Exemption # SE-789; Hearing Date: January 17, 2000 Dear Commissioners: 1. This Subdivision Exemption will create a lot that is considered an "island lot." That is, the lot does not have a boundary that is contiguous with the nearest county road or, in this case, State Highway 392. 2. On August 9, 1999, Department of Planning Staff recommended "denial" for a recorded exemption (RE-2503), for Mr. Ed Orr, on land that is adjacent to the site owned by Mr. Boyd Meyer. Department of Planning Staff is recommending denial of SE-789 because of concerns with this application that are similar to those posed by RE-2503. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Respectfully Submitted, Li Eric Jerman Current Planner DEPARTMENT OF PLANNING SERVICES a Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 O Ci COLORADO January 13, 2000 Boyd Meyer 5413 E. Harmony Rd. Ft. Collins, CO 80525 Subject: SE-789 Legal Description: Pt. E2, Section 24, Township 6 North, Range 67 West of 6th P.M., Weld County, CO. Dear Mr. Meyer: This letter is to inform you that the above referenced Subdivision Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County Commissioners on January 17, 2000 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available twenty-four hours prior to the public hearing. If you need any further information, please feel free to contact me. Sincerely, Co Eric Jerman Planner jteO DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greele0, O 80631 0 Phone (970)3534100, Ext. 3540 Fax(970)304-6498 COLORADO August 24, 1999 Boyd Meyer 5413 E. Harmony Road Ft. Collins, CO 80525 Subject SE-789 -A Subdivision Exemption for a parcel of land described as Part of the E2 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado. Dear Mr. Meyer: Your application for the Subdivision Exemption and related materials are being processed at this time and you will be notified within 45 days. If it is determined that the application meets the approval criteria of Section 11.15 of the Weld County Subdivision Ordinance, as amended, you will be notified that the subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the subdivision exemption. If you have any questions concerning this matter, please free to call me. Respectfully, e G, Eric Jerman Planner pc: Intermill SC APPLICATION FLOW SHEET COLORADO APPLICANT: Boyd Meyer CASE #: SE-789 REQUEST: Subdivision Exemption in conj. with Recorded Exemption LEGAL: Part E2, Section 24, Township 6 North, Range 67 West of the 6th PM, Weld County, CO. LOCATION: South of and adj. to Hwy 392 and aprox. 1 mile west of WCR 27 PARCEL ID #: 0807 24 000022 ACRES: 2.5 Date By Application Received 8/20/99 EAJ Application Completed 8/20/99 EAJ Referrals listed 8/23/99 EAJ Design Review Meeting (PUD) File assembled T )L _ (I / IT Letter to applicant mailed , x , 0 , Referrals mailed 7 ,_2' zi' / (! u , . C Chaindexed 51)5/61q 11.1 Vicinity map prepared Field check by DPS staff / 0/r , `1 y r? \ Administrative Review decision: P4U t€N i h 7-I zoc 1 PmJ ���\ Date By County Commisioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared _ as-- ci r7 . A _ L . CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning _A Airport Yes_ No_x Geologic Yes_ No x____ Flood Hazard Yes_ No_x_ Panel # 080266 0606D FIELD CHECK inspection date:October 11,1999 CASE NUMBER: SE-789 APPLICANT: Boyd Meyer LEGAL DESCRIPTION: Part E2 Section 24, Township 6 North, Range 67 West of the 6th PM, Weld County, Colorado. LOCATION: south of and adj. To Hwy 392 and approx. 1 mile west of WCR 27 Zoning Land Use N A(Agricultural) N Hwy 392, one Residence, Ag. E A (Agricultural) E Ag. S A (Agricultural) S Ag. W A (Agricultural) W 20 Lot Subdivision, S-352, Willow Springs Estates, Ag. COMMENTS: RE-2574/ SE-781 will be flag lots if AmRE-1870 is approved. SE-789 to split off a residence, located at 12,000 Hwy 392 from Lot B of RE-2576. SE-789 is not necessary as RE-2576 would create a Lot A and Lot B, each of which will have one of the presently existing homes. No violations here. O � ( Eric A. Jerman, Plan Intermill Land Surveying Registered in Colorado 8 Wyoming- /AS 1301 N. Cleveland Ave. ' '• all • Loveland, Colorado 80537 ( . (970) 669-0516 Fax (970) 635-9775 Job No: P-99-4353 Date: August 19, 1999 To: Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 ext. 3540 Attention: Planning Department RE: Boyd Meyer Subdivision Exemption Application (Portion of the E112 of Section 24-6-67) Remarks: Included for this submittal are the following items for a Subdivision Exemption Application: One(1)original Subdivision Exemption Packet Two(2)copies of original S.E. Packet One(1) Subdivision Exemption Application Fee for$180.00 Please review the submitted Subdivision Exemption Application materials. If you should have any questions or concerns, or if any further information is needed please feel free to contact me or the applicant. Sincerely, INTERMILL LAND SNC. Jason Allec Project Coordinator DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970) 353-6100, Ext. 3540 Fax (970) 304-6498 SUBDIVISION EXEMPTION APPLICATION FOR PLANNING DEPARTMENT^ USE ONLY: Application Fee � C Receipt Number "I I G3 Case Number . 8'j Recording Fee Receipt Number Zoning District Application Checked By 1 Planner Assigned to Case £ TO BE COMPLETED BY APPLICANT. (Print or type only except for required signatures): TYPE OF EXEMPTION REQUESTED (check onel Property line adjustment >< Used with Recorded Exemption Financing purposes Public utility facilic/ I (we), the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 11.11 of the Weld County Subdivision Ordinance by the Weld County Board of County Commissioners. Legal description: Po -r. 6ijz. of Section TM T t, N, R t - W of the 6th P M.. Weld County. Colorado. Lyws Scu1-U off TUE Ut€EeLE1 No. 2 DIT6l! . Total Acreage U2is . t- i- Has this property been divided from or had divided from it any other property since August 30. 19727 Yes X No FEE OWNERS OF PROPERTY Name: Bolo tn. t \6V6g. Address: y4 i4 E• UABLilpuy Z.D. Fr. CoLUNS Co rbo5v5 Phone 4-i0 - tilt.- 23SZ Name: Address: Phone I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. gnature: Owner or A�zed Agent Rev: IC-21-97 . 7 Boyd M. Meyer&Allison Meyer SUBDIVISION EXEMPTION APPLICATION (Being a portion of the Northeast Quarter of Section 24-6-67,Weld) A statement describing the request,the purpose,and benefits of the request. Our request is for a Subdivision Exemption in Conjunction with a Recorded Exemption. Our purpose is to remove existing improvements and residence from a large agricultural lot that will remain. A future residence may be planned by future owners but is not planned at the present time. The agricultural productivity of the ground will not be affected by the proposed Subdivision Exemption. The SE Lot is estimated to be approximately 2.5 Acres in size. Complete and accurate legal descriptions. A complete and accurate legal description will be provided to the Weld County Planning Department once approval is final and actual surveying of the property takes place. Along with the legal description a Subdivision Exemption Plat will also be submitted for filing. REFERRAL LIST NAME: Boyd Meyer CASE NUMBER: SE-789 REFERRALS SENT: August 24, 1999 REFERRALS TO BE RECEIVED BY: September 14, 1999 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton Public Works:_X_Don Carroll Ron Broda Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle _West of 1-25(Loveland) Lochbuie _East of 1-25(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 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-API-HS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Cob.Water Conservancy Dist. _Greeley Panhandle Eastern Pipe Line Co. Longmont School District West Adams Ginny Shaw(MUD) _X Ditch Company- No. 2 Canal COMMISSION/BOARD MEMBER Weld County Referral C. August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Boyd Meyer Case Number SE-789 Please Reply By September 14, 1999 Planner Eric Jerman Project Subdivision Exemption to be used in conjunction with RE-2578. Legal Part of the E2 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 392; approximately 1 mile west of WCR 27. Parcel Number 0807 24 000022 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. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax rtiA,H___ , Weld County Referral C. August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Boyd Meyer Case Number SE-789 Please Reply By September 14, 1999 Planner Eric Jerman Project Subdivision Exemption to be used in conjunction with RE-2578. Legal Part of the E2 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 392; approximately 1 mile west of WCR 27. Parcel Number 0807 24 000022 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. ❑ /(eye have reviewed the request and find that it does/does not comply with our Comprehensive Plan UY We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature (_ • ( Date a4.-- q Agency VVV ,^ c)� +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM TO: Eric Jerman DATE: September 9, 1999 FROM: Sheble McConnellog e, Environmental Health COLORADO SUBJECT: Meyer, Boyd CASE: SE-789 Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. sm/509 MEMORANDUM TO: Eric Jermari, Planner DATE: September 7, 1999 FROM: Donald Carroll, Engineering Administrator p"' C SUBJECT: SE-789; Boyd Meyer COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: REQUIREMENTS: 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. The applicant shall indicate, on the plat, type of right-of-way or easement, dedicated, private, or a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. The applicant will complete a Weld County Road Access Information Sheet. cc: SE-789 plan36 r '1-799 F t �" , [rrt 1 rtot, ‘," Weld County Referral August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Boyd Meyer Case Number SE-789 Please Reply By September 14, 1999 Planner Eric Jerman i Project Subdivision Exemption to be used in conjunction with RE-2578. Legal Part of the E2 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 392; approximately 1 mile west of WCR 27. Parcel Number 0807 24 000022 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: Signature /ALL?' G� Date 9- 3 - 77 Agency +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax / --, ( 1 ^---46Ty: ) i • t ♦4EN.• ,fib' r •" �^ i •. — • L. ' �-.. ?J N. •• -`•, i V .:1 \ 1 (.-�, ,—• y.., ' \ fir`" '-\ (• 1 t .J '.- , ' --) ... 0. .,-\._...--- (""-' - / .1 •-•,.. e7�0• ` Cr.�+•1�- I v • 'ndQ>f V l e79r \ .110"_`�� ,�' • •�'' ] :< • •L2T:> 47 • ' :. �.s.L>.aea caXss ••`...�'% \� r>1 6,- a T..4t PW�a.'_ r - 23 . J WWI\� �'e'So-4 ,-... `•:^I.- l'-..---(-- J' .aed '� Mho \• ��o^ ' �uso���—•, �.' ` � I : 4765 CorueK I I - }} wen , . 1 .. o / '`d.. --‘750-...„,...1 ` j. SRN ,--..� .Y** I ... ,:i.,..( .\ �7J '',......s. —�_ - e old eyf .' j •1 tI 44767 I a - ••'e7S6 0 i i• •• ,weir-�� Bracewell. `;,, 6 w JJTNeY arG j. l_ a •67-V......- --- --'----••••-• / �_ .1st•' jt •• �j .� 1 • .,, N. aka r- ej9n.�+ ✓' .`'� k- �^ •.: YJ4 -,...t i/1.•le _rte.:...-..�=•. • ••4, ---'t•.._.._._-....•_--.:....„ ti ..... s a••ma- 47,5 -".--• --- '_..• •-~- `-.- I '-. t' '') •i \- • • i • 1 r QC' jr...-..X,.. 0 �jV$Dl�te- 00 ei)C6MPT101•J - 1 L, ''—'rJ.` ' , �' a1 -off .1 ' ,ii i •'.'�: / rJCJ,(D M. V'1EIr- :: l ti t‘14; •s1 i - ICI le I1111111111111§1 Ik- Mil LI1 8//S0M JO Meld Cemony Wks Taadasstt 1 of 2 R 1 . lc FRAME 10341.1.1127 DIZO 0 953 aq'1 aaevspg ' =BD. made( tnr'), �sad3Ut 1 of ri1.whoslief. bY nailing betweenaddress is 5 11340 itgheey 377, Windsor, Colorado ft330, of the County of Vold. State of Colorado ('oreatee•) . WITXXSIVTEI That Oraater, for and in consideration of the ma of Tea Dollars (110.00) and other good and valuable ccnaidsratioa, to granter is hand peid by amen., the receipt of Inlet is hereby confessed and acknowledged, has granted. bargained. sold, and conveyed, end by theme presents does hereby Trent. hargaia., Dail, onavey, mad 0.ntta unto-groats-, time arizr, Daaraa l- reyresmtatlry6, and assigns, forever, all the real proparty, together with improvements, if any, situate, lying, and Swing in the Camty of weld, state of Chlbrado, which is 1pa11y described' on Lthibit 'iv' attached' !hereto and incorporated herein by reference (tae 'Property'). -0ca3m with all ant singular . r hereditament. end appurtenance. thereto belonging, or in myna, appertaining, and the reversion and reversions, remainder myna,and r—i""rs, rents. Segues, and Profits thereat, end all estate, right. title, interest, elaia, and Send eaetseerer of grantor, either in law or equity, of, in. or to the Property, with the hereditament. and appurtenances. TO man AID to IDLt the Property above bargained and described with the appurtenances unto grantee, tic heirs. personal representatives. end assigns. forever. lad greater, for himself and his heirs, personal representatives, and assign, does covenant, grant. bargain, and agree to and with Drennan. his hairs, personal representatives, and assigns, that at the tine of the annealing and delivery of thews presents he is yell seised of the Property, haw good, suss, perfect, absolute, and indefeasible estate of inheritance, in law, in fee ■iepl.x has good right, full power, and lawful authority to grant. bargain. 'ell. and convey the saw in tanner and Loss ma aforesaid/ and that. except as hereinafter provided, the .'—t are free Eros all Levees and other grants, bargains, sales, limn, taxes, assessments, and ancvCranaea of whatever kind or nature solver/ sad Creator does hereby warrant the title to the acme, =Wept and subject to the _followings 1. All easements and rights-of-way in plate or of record. 1. 111 oil, gas, or other ainral leased, reservations, or exceptions of record. 3. Any restriction, reservations, or exception contained in any United Staten or state of Colorado Patents of record. 4. All seeing and other governmental rules and regulations. 3, general- property tans for 19S8- end all subsequent years-. in which Daniel I. atroeherger and Cindy L. Itrabergr are the recorded April 6, 1999, under Reception in. 3643065 of the weld County, Colorado records. 7teeervetion of Mineral.. aantor hereby expressly excepts and reserves unto himself and his heirs, personal rpresentatives and assign, forever, an undivided fifty portent (30%) of all oil, gas, hydrocarbons, and other ainerels and sinral rights located in, on, or =odor the surface of the Property, together with the right of ingress sad egress, for the purpose of mining, drilling, exploring, operating, developing, and rvaoving sane. ar an tar shall and will tilltAPR AND MafVat DO® the Property in the quiet and peaceable Possession of :tante*, his hairs, personal representatives, and assigns, against all sad every person or persons lawfully claiming the whole or any pert thereof. =X T_:3mga VIODLI)P, grantor has execute x►wtanty Deed the day end year first above written. Ia1P.I.cw %Tire or COLORADO am. C'ocrrt or Vitt opting !.nutr.mant was acknewledgad before as, this 30th day of AT.3M dale waee.sw. 44( paw hand and official seal. ant a on axe free, � e .11F`,....—0,�, Notary Prblic OF C0� (XFI11 4/21/99) • RAM l= F I mfnz: •a• a:za® :ro am LUIS a earl o► Tee WssssaArl Dl® aril= St7D<.fOA (•aA1,NT0s') am 30SD nS1Dt :'ONar-lS•7 7 954 Lanai Dz5GSr'f2a 07 -ra 9ICVW224 That portion of/Station 24, Township S North. sauce 47 West of the 1{A 7.N.. Causer at with. Strew et-Catorrdo', amt c`ar portico of\\section St. rb a'p 4' North. tinge 46 Vest of the Sa 7.75., County of Wald, 6ta of Colorado. being =ore particularly described as follows: SWIM' Considering the North line of the Northeast Warier at said relative is 9 as hearing tooth $9.03'04' 14..:t and with all b.arings contained herein thereto, ] inning at the merthe.�t corner of maid section 34, thence along the north e4 _ --u _ _4 rout.:. .. a " west eet 310.00 feet, thanes departing said North line � t South 0056'54"*l st 34.19 highway to a point on the Southerly right of ray l Mo. 392 and the Tr= 1031 0r 1A021nD01D, Ghana° departing said right of way line and continuing loath 00'56'54' last 1436.31 feet to a point follthe owing th sank of the So. 2 Canal, thence "trthsastarly along said nasal four (4) aware** and distances, *meth 46'47'56' meet 167.00 feet; North 37.11'56' West 142.50 feet, Nettle 77'10'54' east 103.50 feat; North 459'6 West 13'1-.4+ foot,- thence- departing War 4034.46 feet, flora or less, to a point on the South line of the southeast Quarter of said Section 24, thence along said South line North 68'57'13' last 756.33 feet, more or less, to the Southeast carter of maid Section 24, thanes &lows the E2.at line of the Southeast Quarter of said section 34 North 00'11.24' Nast 2551.33 feet to the Northeast corner of the southeast Quarter of said leatian 14* thence along the North tine of the *euthenist Quarter of said /cation 19 North 1790'14' Luc 436.93 faec: thence departing said North line earth 20'31'25' last 1370.32 feet, sore or lees, to a point on the North bank of mold le. 2 Canal, thecae along said North honk the following maven (7) courses and distances, North 46'09'52' Nest 12.52 feet. North 74'06'10' West 31.96 feet:. North 71'03'44' east 54.33 feet, Worth 71.06'27' lest 51.74 feet,. North 79.04'17' West 52.73 feet, south 46'57.03' meet 52.46 feet, South 74'17'12' West 92.17 feet. more or lase, to a point on the said epproximate rock see aentsrliae of an existing accese road, thence departing Sortie said apprtsiaate aentarlina of and existing access road Northth Ihan'anar 1113' to ' rest 20.30 feat and again Sor 00'11'17' last _156.03 teat. >N a point on the Southerly right of ray right in! Nay lion loath 83'04'12'ghe of said Colorado State �at No. 3921 thence along said Southerly 40.26 feet, acre or less. to a point on the last of f right the lotCea= way line quartar of said Section 24, thaw:* continuing along said feu South 47'94'30' West 309.29 fleet, sore or lust, to the TADS 9OXY! Or sWgD02NO. :- ee .ddreas( 12000 ;Id 12002 Th. 1,12 ;renlav rn AnAll Aewl Created 'Legal Description , v:a and Address of person Creating Y section 31-33-106.5, c.l.a.) ( Stevan John Stance* Intermit: Land f•arvsying 1301 North Cleveland Avenue Loveland, CO 40537 Well 1111 ill 191111�1ur told 111 1111111*1111 2 of 2 It 11.08 0 CS.SI M Ski leukaemia 0ft( ./19/54) - - 2 Hello