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• •
460(e
DEPARTMENT OF PLANNING SERVICES
REC0RED EXEMPTION
ADMINISTRATIVE D REVIEW
COLORADO
Applicant: SWINK FAMILY FARMS, LTD. RE-2973 Planner: RA
Legal Description: W2/SE4, SEC 21, T1N, R68W, 6TH P.M., Weld County, CO
Parcel ID #: 1467 21 000 017
Lot C Size: N/A I Lot B Size: 80 +/- acres Lot A Size: 2.5 +/- acres
Water Source: Well Sewer System: Se.tic
Criteria Checklist
Yes No
X 1. Conforms with the Weld County Comprehensive Plan 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 11.8 of the
Weld County Subdivision Ordinance.
X 6. Provides for adequate protection of the health, safety and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance 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:
A. Weld County Road 6 is designated on the Southwest Study Area Capacity Improvement
Needs Map as a paved rural road, which requires 60 feet of right-of-way at full
build out.There is presently 60 feet of right-of-way.This road is maintained by the Town
of Erie, who has jurisdiction over all accesses to their road system. The applicant shall
contact the Town of Erie, verify the access permit or any additional requirements
that may be needed to authorize or upgrade the access, and provide the Weld County
Department of Planning Services written verification of the appropriate access permit.
• •
B. Weld County Road 7 is designated on the Southwest Study Area Capacity Improvement
Needs Map as a"widen to four lane"road, which requires 100 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way.This road is maintained by the Town
of Erie, who has jurisdiction over all accesses to their road system.
C. The applicant shall attempt to address the requirements of the Mountain View Fire
Protection District as stated in the referral response dated December 1,2000. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
D. The applicant shall address the requirements of Weld County School District RE-1J as
stated in the referral response dated December 5, 2000. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
/E. The applicant shall provide the Weld County Department of Planning Services with a
certificate from the Weld County Treasurer showing no delinquent taxes exist for the
original parcel.
7F. The following notes shall be placed on the plat:
✓1 ) The Plat shall be titled Recorded Exemption No. 1467-21-4 RE-2973.
✓2) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Zoning Ordinance,the required setback
is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,
shall be constructed within a 200-foot radius of any tank battery or 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 Weld County Zoning Ordinance, Section 61.3.
l3) Any future structures or uses on site must obtain the appropriate zoning and
building permits.
4) Prior to the release of building permits,the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
15) Prior to the release of building permits, the applicant shall submit evidence to
the Department of Planning Services that the Lot has an adequate water supply
of sufficient quality, quantity and dependability.
/6) 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 Weld County Ordinance 169A.
17) 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.
f8) 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 #2. (Ordinance 211)
9) Potential purchasers should be aware that Lot A may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of
stock animals. The State Division of Water Resources issues all well permits.
10) WELD COUNTY'S RIGHT TO FARM. Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total market
value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into
a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users
into a rural area. Well run agricultural activities will generate off-site impacts,
including noise from tractors and equipment;slow-moving farm vehicles on rural
roads; dust from animal pens, field work, harvest, and gravel roads; odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and
mosquitoes; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of
irrigation to fields which is essential to farm production.
Section 35-3.5-102,C. R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the
State of Delaware)with more than 3,700 miles of state and county roads outside
of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more
than on patrols of the county and the distances which must be traveled may delay
all emergency responses, including law enforcement,ambulance,and fire. Fire
protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for
roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas,in many cases,
will not be equivalent to municipal services. Rural dwellers must, by necessity,
be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches,electrical power for pumps and center pivot operations,high speed traffic,
sand burs,puncture vines,territorial farm dogs,and livestock present real threats
to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for
their children.
3. The applicant shall submit a 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 beprepared in
accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance.
The plat shall be submitted within sixty(60)days from the date of approval by the 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 Date December 26, 2000
Robert Anderson • Planner
• S
DEPARTMENT OF PLANNING SERVICES
1555 N. 1T"AVENUE
471; GREELEY, COLORADO 80631
IWEBSITE: www.co.weld.co.us
C E-mail address: 353-6100, Ed.CO.US
WI gO PHONE (970) 3XT. 3540
FAX(970) 304-6498
COLORADO
October 13, 2003
Alvin Swink
Swink Family Farms, Ltd.
2641 County Road 6
Erie, CO 80516
Subject: Recorded Exemption 2973, Mylar for recording
Dear Alvin Swink:
The Department of Planning Services administratively approved RE-2973 in December 2000, for Janet
Capra on behalf of Swink Family Farms, Ltd. Mr. Anderson of this office was the planner who handled
the application for Ms. Capra. Please find attached the letter from Mr. Anderson dated June 12, 2002,
outlining the requirements to be addressed and completed before the plat is able to be recorded. Of
particular note is item 2.A that requires Swink Family Farms, Ltd., or their representative, to submit an
approved access agreement from the Town of Erie. Staff is presently not in receipt of this document, thus
the plat may not be recorded.
With the receipt of this document, the plat that this office is holding will be submitted to the Clerk and
Recorders office for processing.
Please note, staff has sent numerous requests to your attention on previous occasions, should staff not
receive any correspondence, either a telephone contact, facsimile or mailing from you prior to December
1, 2003, the application will be labeled "WITHDRAWN" and the mylar plat discarded.
Thank you in advance for your prompt attention to this issue.
Should you have any questions or need further information, I may be reached at the above address,
telephone number or e-mail address.
incerely,
Kim gle
Planner III
Enclosure:Anderson Letter dated June 12,2002
cc:Janet Capra
Swink Family Farms, Ltd.
2510 West 144'"Avenue
Brighton,CO 80020
File:RE-2973
S
DEPARTMENT OF PLANNING SERVICES
1555 N. 17'"AVENUE
GREELEY, COLORADO 80631
WEBSITE:www.co.weld.co.us
C. PHONE (970)353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
July 28, 2003
Swink Family Farms Ltd
c/o Janet Capra
2641 CR 6
Erie CO 80516
Re: Conditions of Approval: RE-2973
Dear Applicant:
On December 21, 2001, your application for a recorded exemption was administratively approved by the
Weld County Department of Planning Services with specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should
you choose not to complete the recorded exemption process and provide the required Mylar Plat, the
Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your
case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning
Staff will be recommending denial or your request at this hearing. If your application is denied by the Board
of County Commissioners, the decision could affect future land development applications located on this
parcel. Withdrawing applications will not generally affect future applications.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision. Planning Services Staff can be contacted at the above address or phone number.
Sincerely,
The Department of Planning Services
• •
vouNTA/4, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
a Administrative Office:
9119 County Line Road• Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
VIEW
Weld County Plasr,~
GREELEY
JUN 2 1 200[
June 19, 2002
RECER.`
Mr. Robert Anderson
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Anderson:
I have reviewed the submitted material pertaining to the placement of a modular home at 2641
Weld County Road 6 (Case Number: RE-2973, Case Name: Swink Family Farms). The Fire
District does not object to the project.
As the proposed home is less than 3,600 gross square feet and will be placed on a 2.5 acre lot,
water supply for fire protection is not required.
We appreciate being involved in the planning process. Should you have any questions, please
contact me at(303) 772-0710.
Sincerely,
-
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
file
Ip06.12.02
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 80544 80026 Erie,CO 80516 Dacono,CO 80514
i
ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC
SCHOOL SITES
In accordance�J with the Agreement Concerning Fair Contributions for Public School Sites between
the aC1E— p2911 3 (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 ti for Public School Sites Account.
Property address (if known): ,-;e&t// li Ci€ 6 Eric_ so s---)6
/&
Lot and Block Number: r
Name of Area or Development: 3/21i1'Jt ralniiy fa ors
Calculation of Fee Amount(Based on Type of Residential Dwelling)
/4 '7
Single Family Home @ per unit
( t) A&,v , )
Date Paid: (Si-0 z Receipt Number: C2190/O2L Amount Paid: $ Pot?. 40
Feeder Area: (Acct. 29.769.0000.2040.000000. //.000.00
St.Vr/aiiinn Valley
�School District RE-1J
VZG
By: 72 (i2J g
Authoriz School District Re ntative
(NOT VALID WITHOUT SCHOOL DISTRICT SEAL)
Janrt
Capra
Property Owner(s) Name (please print)
AL.- IVGc p C c�
Property'Owner(s) Signature(s) (If paid by Owner)
Contractor's Name (please print)
Contractor's Signature (If paid by Contractor)
o •
re,
DEPARTMENT OF PLANNING SERVICES
1555 NORTH 17 AVENUE u
PHONE s
GREELEY, COLORADO 80631
W EBSISITE: www.co.weld.co.us
(970) 353 6100, EXT. 35 0
COLORADO FAX (970) 304-6498
Swink Family Farms June 12, 2002
Attention: Janet Capra
2510 w 144th Avenue
Brighton, CO 80020
Dear Ms. Capra,
The Department of Planning Services has reviewed your Mylar Plat for Recorded Exemption 2973
(RE-2973) and is unable to record the Mylar due to errors, discrepancies and failure to provide
required documentation.
-1. The roads are mislabeled and required R.O.W is not delineated
V2. Accesses are not indicated
3. Although a minor detail - please ensure all signatures on the Plat are in Black Ink.
I have contacted your Surveyor to assist in the required corrections. In addition to correcting the
errors on the Mylar Plat, the following Conditions of Approval item need to be submitted with the
corrected Mylar Plat.
1. 2.A. Erie approval of the access from WCR 6
2. 2.C. Mountain View Fire Protection District Acknowledgment or Approval
• 3. 2.D. School District RE-1J Acknowledgment or Approval
Once these items and the corrected Mylar Plat are received, the Department of Planning Services
does not anticipate any other requirements which would preclude recording the Plat.
Should you have questions or need further assistance, please do not hesitate to contact me at the
numbers listed above.
Sincerely,
Robert Anderson Planner Ill
•
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,COUNTYTREASURER •LD COUNTY TAX NOTICE& Al c" Ros4o9o1',
30X458 2001Taxes Due in 2 02 /50 t I
.LEY,CO90632-NO a, t•- GENERAL TAX
TAX AUTHORITY TAX LEW
.AL DESCRIPTION OF PROPERTY 20.55 24.87
WELD COUNTY 3 24� 3.93
(12 SE.91 25D) SI6 8 US:EXC 2641R 6R C I 3.24? 7"92
(.91R2.SD) SITUS: 2641 6 CR WELD 0 WELD AREA AMBULANCE 6.25E4. 47.92
7
SCHOOL DIST RE1J 3 25 3.87 ,
MOUNTAIN VIEW FIRE 7.82 9.41
MTN VIEW FIRE(BOND r
SB No 25_in absence of State Legisiatve Fund ng 4 in C
C n (30 _vom n Senoo�Ge�Aral c..^ I ew wnedr',gypro
4ve e^ � i
• •
• �
• Unpaid prior year taxes:
The Yeas e s o. =-so ul_to.e roneo pav e h e
down`
please payment Gk t aii.Ifl 7007 n re u':I sl r 5 c 2001 Contact County Treasurers office immediately ita
the tN °a-.:rel e so could re ��oelays��loc_sino TAX YEAR number appears above.of your account YOUR CANCELED CHECK Is RETURN THIS COUPON WITH FIRST HALF OR FULL PAYMENTS
YOUR BEST RECEIPT.AND
SAVES OBTAIN
TAX DOLLARS.
T.YOU Full Payment Coupon or 1st Half oupon
> 1
MOST RETURN
ETpRECEIPT.YOU
MUST RETK THIS COPY
HE AND CHECK HERE. T ��
RETURN THIS COUPON WITH PAYMENT TO: I AccouNT
WELD COUNTY TREASURER R0540801
11 1111 I III 1111 GREELEY,OX 458 06,2 0455
=,Rs-. RALP AMOUNT �; 45.28
R 0 5 4 0 801Y 1 Y cu_BY CEBRUARY ee
OR
AMOUNT 90.56
DUE BY APRIL 3D YS-
RaOP_P_,, SWINK FAMILY FARMS LTD (73% INT) &
owN-= SWINK FAMILY TRUST (27% INT)
AVE (TOTAL
2510 W 144 p- IAMOJNT
REDO?- CO'_LECTED
BROOMFIELD, CO 80020
I PAID E"
•
ti
Te treasure is no r-spons bi[oo. e roneOu p tent, r coup
ease check witn y mong UE o to —
xx le n to mint, vicea,c prior year taxes.
Tax pay cayman an r elI si p es, xaEe) spo_ess C
'your 2001
Contact County Treasurer's office Immediately if a
AX YEAR
OUR CANCELED CHECK IS hlmpEr appears db0ve.
OUR BEST RECEIPT AND RETURN THIS COUPON WITH FIRST HALF OR FULL(PAYMENTS
FVEB YOU TAX DOLLARSICOPY Fu I I
o OBTAIN A RECEIPT,YOU Payment Coupon or 1st Half Coupon /
UST RETURN THIS COPY
ND CHECK HERE
RETURN THIS COUPON WITH PAYMENT TOWELD COUNTY TREASU
/I/I/ IIIIIIIIIIIIII III IIIIHL! CREEL Y4 CO 80632-45REn R0540901
R0540901 5 4 0 9 0 1 Y
DUE Bo CEB L c.
62.87
.9E
SWINK FAMILY FARMS LTD 73 Fj-
DRoRea ( $ INT) & 9.t-
9,E`°`-,_ 125.74
ovenER SWINK FAMILY TRUST (27% INT)
on 2510 W 144 AVE
c,
-0'A_
Ps
BROOMFIELD, CO 80020 IAvo.:o,-
co._L=_c
Tee tre mar. or rmomosUle toroneous payment: If In ooub-. Unpaid prior year taxes.
rasc ct r nummage F a eterm ne aka
c„a., resu't IP or aye: orccessmy 2001 Contact County
TAX YEAR number appears above
YOUR office immediately it a
YOUR CANCELED CHECK Is / RETURN THIS COUPON FOR SECOND HALF PAYMENTS DUE BY JUNE 17
VOUR REST RECEIPT.AND (/\ /\>
TOsAVES OBTAIN TAX DOLLARS 2nd Half Coupon
TO OBTAIN A RECEIPT.YOU
ANSI RETURN THIS COPY IrTh
2
AND CHECK HERE. JI I_�
RETURN THIS COUPON WITH PAYMENT TO: ACCOUNT
III I lilt
II III III III
II II WELD COUNTY TREASURER
P.O. BOX 458 R054090]
GR EELEY. CO 80632-0458
R054 [1901 5 4 0 9 0 1 Z
TAX AMOUNT 62.8.
SWINR FAMILY FARMS LTD (73% INT) &
SWINE FAMILY TRUST (27% INT)
OWNER
DE 2510 W 144 AVE
a=_TCaC C .._C
T
BROOMFIELD, CO 80020 _..Teo
9Y
•(It
DEPARTMENT OF PLANNING SERVICES
1555 N. AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
COLORADO PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
October 22, 2001
Janet Capra
2510 w 144"Avenue
Broomfield, CO 80020
Re: Conditions of Approval: RE-2973
Dear Ms. Capra,
On 12/26/00 your application for a Recorded Exemption was administratively approved by the Department
of Planning Services with specific Conditions of Approval.
One of the required Conditions of Approval grants Applicants Sixty(60)days to submit a Mylar Plat.Should
you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the
Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval,your
case will be scheduled for a Hearing before the Weld County Board of County Commissioners. Planning
Staff will be recommending denial of your request at the hearing. If your application is denied by the Board
of County Commissioners, the decision could affect future land development applications located on the
parcel. Withdrawing applications, in most cases, will not affect future applications.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases,and is willing to work with you in completing your request.
Please notify the Department of Planning Services, in writing, within 10 working days of you decision.
Planning Services Staff can be contacted at the above address.
Sincerely,
Robert Anderson ❖ Planner III
• •
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
C.
COLORADO
November 14, 2000
Janet Capra
2641 WCR 6
Erie, CO 80516
Subject: RE-2973 A Recorded Exemption located on a parcel of land described as E2 of Section 21,
Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Capra:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria,you will be notified
and asked to appear before the Board of County Commissioners at a public hearing. You will be informed
of the hearing date prior to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Broomfield, Dacono, and Erie Planning Commissions for their review and comments. It is
recommended that you and/or a representative be in attendance at the Broomfield, Dacono, and Erie
Planning Commission meetings to answer any questions the Commission members may have with respect
to your application. Please call the City of Broomfield at 303-469-3301, the City of Dacono at 303-833-2317,
and the Town of Erie at 303-926-2700, for further details regarding the date, time, and place of these
meetings.
If you have any questions concerning this matter, please call me.
Sincerely,
�'o-�1 Gi__ •.c
Robert Anderson
Planner
yr6- - z '27•
jr2.1- A
APPLICATION ASSISTANCE 3 AQ.lirANe
Septic Permits Colorado Highways
Weld County Health Department Colorado Department of Transportation
1555 N. 17th Avenue 1420 2nd Street
Greeley, Colorado 80631 Greeley, Colorado 80631
(970) 304-6415 (970) 353-1232
County Roads Water Wells
Weld County Public Works Department Division of Water Resources
1111 H Street 1313 Sherman Street, Room 818
P.O. Box 758 Denver, Colorado 80203
Greeley, Colorado 80631
(970) 356-4000, Ext. 3750 Division of Water Resources
800 8th Avenue, Room 321
Greeley, Colorado 80631
(970) 352-8712
I have been informed by the Weld County Planning Department that the minimum lot size required in the
A(Agricultural)zone district is 80 acres. I am aware that the inclusion of the entire zo acre parcel into
this recorded exemption application is not necessary at this time. I understand that by including the entire
3 2O acre parcel into this recorded exemption, rather than doing a recorded exemption on the PO acre
parcel,I waive my opportunity to further divide my property without utilizing the recorded exemption process.
Property Owner Witness
Date
4
�JcR Cpl
"00 Itt •
eld County Planning Department o PM
yy , `•
� 1 SS N. 17o AveIS 1 1800 t��' ;
"lipel ureeley, CO 80631 2000 ", Minn erv'Ce� n
��ppgyg u.6. voatnai
COLORADO Weld County Planning�ePt-
O �'`, 18 2001
O40% • ) m ,IAN
�-4,-c. r �k� °F9tl Janet C ra C E'
,,C)°0,Vi--it•°•tiVc 2641 W 6 G
VE
;'aT°>,fl ccs, , 0,Qe, % Erie, CO 516
> •. i" n„i,n,,,,n,t„n,,,in„I,n 6,Ii,,,tIli,6,,,,ii,11iii,,,I,Li„I,i,i„i,i
a • iii
r� ✓ FIELD CHECK
'Be
L.., I
COLORADO
APPLICANT: 5/ /<
CASE NUMBER: 7r Zc? 73
LEGAL DESCRIPTION:
LOCATION:
ZONING LAND USE
N 7G N
E E
S
W W
COMMENTS:
k, ( a.-1i7, 1 1S
1
2
PLANNER: -} c INSPECTION DATE: c7/ r C
o I
Mat Checklist POC Planner
rc,
Item Comments p.heck Check
/
Proper size and material 24" x 36" or 1S'' x 24" Minimum 3 millimeter polyester sheet V
Lettering No stick-on lettering Minimum b pt. lettering f
Boundaries of Lots /
I
Scale Suitable Scale?(1"=200'or 1"=100')
Accesses indicated Shared Access?If so,is easement Certificate included? a
,R-i, ' 'L5 L..Vt e t— 5 v c vt-'r> <`
Roads labeled,including r Cr� r4-cecsS
R.O.W NL) Cl.-0- - �..Fa-3rL t . 4, o '- 7 oK
Building Envelope(s) r
Vicinity Map Suitable Scale?(Minimum 1" =600') V
North Arrow ( l~(--) / y
Legal Description -
Notes from Planner/
Development Standards ,' c-c-o f rkLCC SS 0 K ic) Wc.4_ 1,
Flak-
Conditions of Approval n L
rzt>2C LCD€rte /
CHOCU
S c.v-to 0 L- i-r 2.-
Owner's Certificate Notarial Certificate included?All owners must siwn the plat, /
check the deed.
Surveyor's Certificate and All surveyed plats /
Surveyor's Stamp Note:USR plats do not need to he surveyed
`Director of Planning Notarial Certificate included'?(RE,SE,SPR,Final PUD if /
Certificate Staff Approved)
Planning Commission (USR,COZ,Minor Sub. Final) Nra
Certificate
Board Certificate (USR,COZ„ Minor Sub Final)
(Final PUD,RE, SE&ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD)
1
Easements _
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: (Initials)
Planner Signature: Date:
fa '; APPLICATION FLOW SHEET
�IYL DD
COLOO RADO
APPLICANT: SWINK FAMILY FARMS, LTD. CASE #: RE-2973
REQUEST: 2 LOT RECORDED EXEMPTION
LEGAL: E2, SEC 21, T1N, R68W, 6TH PM., WELD COUNTY, CO
LOCATION: N/ADJ WCR 6 '/2 M W WCR 7
PA RCEL ID #: 1467 21 000 017 ACRES: 320.00 +/-
Date By
Application Received NOVEMBER 08, 2000 ?
Application Completed NOVEMBER 14,2000 RA
Referrals listed NOVEMBER 14,2000 RA
Design Review Meeting(PUD)
File assembled ;/. /4, — (C)
Letter to applicant mailed "— 15-- or'
Referrals mailed / / j —CD
Chaindexed IH `J 00 V/
Vicinity map prepared
DPS Staff Field Check
Administrative Review Decision: AP/20t.-C- /2. 2/. 00 Sn9G,c
Conditions of Approval
PC Hearing Date(if applicable), Action:
Surrounding property owners notified
Air photo and maps prepared //Z0
BCC Hearing Date(if applicable),Action:
Resolution received
Recorded on maps and filed
Misc S
Overlay Districts Road Impact Fee Area: Yes_ No
Zoning AG/PRIME IF IRR SW Weld #1 #2_X #3
Airport Yes No_X Windsor
Geo Hazard Yes No_X
Flood Hazard Yes No_X Panel#0960C
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
• GREELEY, CO 80631
PHONE(970)353-6100, Exr.3540-FAX(970)304-6498
DATE: G:-.)-\`' 20\-- - RECEIPT 087F; 4
RECEIVED FROM: ; .-. L.
NO. TYPE FEES
4221 -RE/SE
4221 -ZPMH
4221 -USR
4221 -SITE PLAN REVIEW
4221 -C0Z
4221 -PUD
4221 -SUBDIVISION
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING_EEI?" C:
MiSC.
C7 CASH ❑CHECK NO: TOTAL
BY: , . ` / y
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE 4
. DEPARTMENT OF PLANNING SERVICE
• i.)55 N. 17th Avenue, Greeley, Colorado 8001.
Phone (970)353-6100, Ext. 3540 - Fax#(970) 304-6498
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Comrmissioners.
Legal Description: 2641 WCR6 Fri P . rn Total Acreage: 3 ?C0 Zoning A
Parcel Number: _1_4 6 7_2 1 _0_0.0.0_7_ (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 No x
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No * ,Y.
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes No ',C ; Airport: Yes No i� ; Geological Hazard: Yes_ No x
FEE OWNERS OF PROPERTY
303
Name: Swink Family Farms T,Tn Home Phone# 452-8075 Work Phone# fl/A
Address: 2510 W. 144th Ave City/State/Zip Code Broomfield . CO 80020 NEW
current 3Q 3
Applicant or Authorized Agent: Janet t, Capra Phone# 303-286-9-40-7/ 828-06
Address: 2641 WCR6 City/State/Zip Code Fri P . en A0si6
Name: Home Phone# Work Phone# 303-637-7035
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
�sH AREp Recorded Exemption
Water Source E 7Private Noll
Type of Sewer -, { 3 Leach field
Proposed Use y agriculture family exemp-
on
Acreage n rycsi_S t i.e m
2-1 /2 acrPC fnr exemp-
Existing Dwellings t i o n
Yes or No /OOA/C
Existing Dwellings Address (if applicable):
Larger Parcel Smaller Parcel
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.
O\c ,4 A LG.9f0.
v: 1.27-g7 Signature: Owner or Authorized Agent
5
•
Items for Recorded Exemption : - Janet L. Capra formerly Janet L. Swink
1 . Water - See attached Well Permit #228863
2 . Sewage - See attached application #SP-000516/ Permit
3 . Nonprime farmland - Principal Residence - Manufactured Home
Total acre ' s for this whole farm is 320 acres .
Although the exemption is from the E - 1/2 SEC 21 Range 68W Twn 1-
No
4. Reason - for proposed exemption .
The lot of 2-1/2 acres will be used as a prime residence
for the daughter of- , e farmer . r ,
5 . E-1/2 of Sec 21 RangethW Twn 1 - North
This is 80 acres—,- which is currently used as farmland .
6 . Unique physical characteristics - N/A
7 . Proposed structure will meet requirements , if any in the county .
8 . The remaining portion of the farm will be kept as agriculture
for farming production . /
9 . N/A A:n/47 b �2Qo7m" 7 .+tcv Z+e2 /95
r/`! j� 'LC
10 . The proposed structure is a4 4- -2af��,��m 4M"1.,/. 4ree t�rr.
11 . The proposed is consistent with surrounding land uses ,
eg. home and agriculture use .
12 . The propsed is consistent with the expressed and or
implied Weld Cnty Zoning and Weld Cnty Comprehensive Plan.
13 . Weld Cnty Subdivision Ordinance , It is not located w/i
a subdivision. Although we will improve and or preserve
natural agricultural land use. I will do all that is
needed to prevent erosion, sedimention to all surface and
subsurface water . I will safeguard in the interest of
public, to maintain or improve this parcel of land to
promote the natural beauty of the county .
Please draw a map to your property.
41.
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PL-
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561pi.j.„ 14,4 oir-isi- 4yeli, -
tied ern Ml 7 i ice,/Ec,
„y,, tdcsr ov fed, /i2 .y Ye . Rd- �P
• •
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SITE AP ........_.......
Submitted for Plat******
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0 ed-rt oto °L....Po-us,
ty •
, 1004 n •+ r
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0 ° o s b pQ� o..a Q. - _ n. ° ti. ►' c, ® p e t5 s o a..p...oe,r` ot,er t , .0. e+Cc r U
0'oo116oD Oe ` c ta p i t '` b p �' 47 t" o,c, o G o VC' +�o c- r,
ODDS Oprc �tl [° D
pei AI-
_______ . LEGEND . . _ _._ - _ - -
• - Percolation Holes •
X - Percolation Profile Hole
A- Soil Profile bole
• REFERRAL LIST
•
NAME: Swink Family Farms, Ltd. CASE NUMBER: RE-2973
REFERRALS SENT: November 14, 2000 REFERRALS TO BE RECEIVED BY: December 6,2000
COUNTY TOWNS and CITIES
_Attorney Ault
_X Health Department Brighton
_Extension Service X_Broomfield
Emergency Management Office _X_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
Department of Transportation _Hudson
Historical Society _Johnstown
_Water Conservation Board Keenesburg
Oil and Gas Conservation Commission _Kersey
Division of Wildlife: LaSalle
X_Loveland Lochbuie
_Greeley Longmont
Division of Minerals/Geology _Mead
FIRE DISTRICTS _Milliken
Ault F-1 _New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
_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 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
_X Community Ditch Company _X Longmont
West Adams
it"- h-----;:, 0 RECEIVED
d County Planning Dept.
NOV 1 7 2000 NOV 27 2000
IC. PLANNING
p Weld County kc rrar
COLORADO November 14, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Swink Family Farms, Ltd. Case Number RE-2973 l
Please Reply By December 6, 2000 Planner Robert Anderson I
Project Two-Lot Recorded Exemption
Legal E2 of Section 21, Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 6; Y� mile west of WCR 7. For a more precise t
location, see legal.
i
Parcel Number 1467 21 000017
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 ti„_ mividvYv
Agency CAVA / Fz-VbejAkcit 4. Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Nov 26 00 07: 25p Di sion of Wildlife 30776-6663 p . 4
_ Q will_el Weld County Referral
COLORAD November 14, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Swink Family Farms, Ltd. Case Number RE-2973
Please Reply By December 6, 2000 Planner Robert Anderson
Project Two-Lot Recorded Exemption
Legal E2 of Section 21, Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 6; 'A mile west of WCR 7. For a more precise
location, see legal.
Parcel Number 1467 21 000017 f
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 anyfurther questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature /2'4/ 2 7 /Vr7(J 2/f
Agency 2o'Lc9. /J/4". ,c - Date (. YE-Jj�
:•Weld County Planning Dept. •)1555 N. 17th Ave. Greeley,CO. 80631 •:-(970)353-6100 ext.3540 •?(970)304-6498 fax
6
• • RECEIVED
NOV 17 2000
' W¢LD COUNTY
PUBLIC WORKS DEPT
111
C Weld County Referral
COLORADO• November 14, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Swink Family Farms, Ltd. Case Number RE-2973
Please Reply By December 6, 2000 Planner Robert Anderson
Project Two-Lot Recorded Exemption
Legal E2 of Section 21, Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 6; 'h mile west of WCR 7. For a more precise
location, see legal.
Parcel Number 1467 21 000017
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.
)I See attached letter.
Comments:
Signature ( ` - q-c.O
Agency fl. 11-e Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax
•
• MEMORANDUM
TO: Robert Anderson, Planner I DATE: November 30, 2000
FROM: Donald Carroll, Engineering Agrgi sCYf iltyU nr'ing Dept,
SUBJECT: RE-2973, Swink Family Farms, Ltd EL • 'T rj;_,O;)
Willi C.) .
COLORADO {J D
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 6 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 Erie. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as
amended), the required setback is measured from the future right-of-way line.
WCR 7 is designated on the Southwest Study Area Capacity Improvement Needs as a widen to four lane road,
which requires a 100-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is
maintained by Erie. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89,
as amended), the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
Erie has jurisdiction over all accesses to their roadway system. Please contact The Town of Erie to verify the
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
pc: RE-2973
plan9re.wpd
+ . • •
*
Road File# ,. -
• RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: i ' _ -' `' ' -'
11111-I Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
9307 �.193)2d ►= t 3O3)
1. Applicant Name Janet L Capra Phon$
Address, 2641 WCR6 Citnrie State C0_Zip$0516 828—O6
2. Address or location of access Pi / G-r' C X, ice+ 6 /A'•9Qlc' e ' /C
Section 21 Township 1—North Range 68 W
Subdivision Block Lot
Weld County Road # 6 Side of Road Distance from nearest intersection
3. Is there an existing access to the property? Yes x No #of accesses
-
4. Proposed Use:
C Permanent 19 Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
LA
Legend for Access Description:
g __r_l CY
r•
* AG = Agricultural * . O�i�„1.
* RES — Residential * 'c$c.
O&G= Oil&Gas cold•
D.R. = Ditch Roa7)
d
4.O1.4ni,c//e-A" 0 i 74"'"1
1 r
fA
G
F----
kc,:firaohoL SiTE
I,P/c i I tale aL tf.coy 7
OFFICE USE ONLY:
Road ( ADT '`'3 Date `' `"''• 1,' Accidents Date
Road '1 ADT k sk Date ac a-- 4e Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions E.r
p ,: �. 7:.- .. 'J,R1 Cr<_ T ;p' 1 i ::,r1. /4 e" . e Vic-ye C�(rl3I
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
•
Memorandum
TO: Robert Anderson, WC Planning
' C DATE: November 27, 2000
COLORADO cir
FROM: Sheble McConnellogue, EH Services
SUBJECT: Swink Family Farms, Ltd
CASE: RE-2973
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
Please Note:
Our Department recommends the applicant to set aside an area for a septic system
replacement envelope.
sm/2973
Weld County Planning Dept
\IM/ Z7 2000
RECEIVED
•
. _ .
1111DCe Weld County Referral
COLORADO November 14, 2000
•
The Weld County Department of Planning Services has received the following item for review:
•
Applicant Swink Family Farms, Ltd. Case Number RE-2973
•
Please Reply By December 6, 2000 Planner Robert Anderson
Project Two-Lot Recorded Exemption •
Legal E2 of Section 21, Township 1 North, Range 68 West of the 6th P.M., Weld •
County, Colorado.
Location North of and adjacent to WCR 6; '/z mile west of WCR 7. For a more precise
location, see legal.
Parcel Number 1467 21 000017
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
O,�,, ��We have reviewed the request and find no conflicts with our intereeldCouhty Planning Dept.
See attached letter.
2000
Comments:
RECEIVED
Signature CA Cj"��A� d\ 1A- t -c70
Agency ;S, HHH11. :c --\c-C-c_-J V) ; Date
:•Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
oUNTA/4, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
s 9119 County Line Road• Longmont, CO 80501
e (303) 772-0710• FAX (303) 651-7702
r
VIE`N
December 1, 2000
Mr. Robert Anderson
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Anderson:
I have reviewed the submitted material pertaining to the recorded exemption for the Swink Family
Farms property, located north of and adjacent to Weld County Road 6; approximately '/2 mile west
of Weld County Road 7 (Case Number: RE-2973). The District does not object to the recorded
exemption, but does have the following comments and requirements for construction of homes,
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 structure. 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
1,500 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 III-A of the Uniform Fire Code.
• 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).
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cmy 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 80544 80026 Erie,CO 80516 Dacono,CO 80514
• •
Mr. Robert Anderson
December 1, 2000
Page Two
We appreciate being involved in the planning process. Should you have any questions, please
contact me at(303) 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: Janet Capra, 2641 Weld County Road 6, Erie, CO 80516
project file
file
1p12.01.00
St. Vrain Valley SchS District RE-1J •
395 South Pratt Parkway • Longmont • CO • 80501-6499
Weld County pia 303-776-6200/449-4978 • FAX 303-682-7343
December 5, 2000 Planning Dept
Robert Anderson 08 2000
Weld County Department of PlanningServices
1400 N. 17th Ave. R C C E: VE D
Greeley, Co 80631 L �„
RE: Swink Family Farms Two-Lot Recorded Exemption [Part of the E1/2 of Section 21, TIN, R68W]
Dear Robert:
Thank you for referring the Swink Family Farms Two-Lot Recorded Exemption to the School District. The projected
student impact upon the St. Vrain Valley School District of what appears to be the possibilty of 1 new single family unit
on 2.5 acres is a total of 1 student. Any students living in this subdivision would attend Erie Elementary School, Erie
Middle/Senior School under the present school boundaries. However, due to potential growth in these schools this
development and other existing developments in this feeder couid be placed in another attendance area in the future.
Bus transportation would likely be required.
This Proposed Development Cumulative impact of this Development
Plus alG Final Development,Plans 1995-W
Building Oct. 00 Student Projected Over Proj. Stdnts Total Cum. Seats Available
Capacity Enrollment Impact Enrollment Capacity 95-00 plans Enrollment W/Cum Impact
Elementary 432 471 1 472 Yes 626 1098 -666
Middle/Sr 620 533 0 533 No 445 978 -358
0
1 1071 -1024
The District is on record as not opposing growth so long as the growth is planned and is manageable from a student
enrollment standpoint. This development could impact all levels of school in the current attendance area. In addition,
there are other approved developments, which would, together with this proposal, have a significant cumulative impact
on these schools.
As the volume of developments increases in this attendance area with no alleviation of the existing overcrowded
conditions, the ability to provide the same quality education for these new students that is provided students in other
areas becomes increasingly difficult. Therefore, the District would oppose this land use amendment because it would
add to the enrollment of an already overcrowded school. Should this proposal be considered for approval, the District
would request the cooperation and participation of the developer and County in working towards mitigating the impacts
on the schools. This mitigation would include the calculation and payment of an appropriate cash in-lieu of land
dedication fee to address the capacity concerns and the need for future school sites (per the attached chart). Please
let me know if you have any further questions. I can be reached at 303/682-7317.
Sincerely,
Glen Segrue
Planning Specialist
"Excellence - Our Only Option"
Exhibit A School Planning Swink Family Farm
Standards And Two lot Exemption
Calculation of
In Lieu Fees
Single-family
T-
School Planning Standards
-
•
Number Pro'ected 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 $25,100
0.35
Middle Level 0 0A4 750 25 0.00 $25,100
0
High School 0 0.17 1200 40 0.00 $25,100
• 0
Total 0.35 0.01 $25,100 $167
- -
Single Family Student Yield is .66 I I $167 -_
Per Unit
12/6/00
i
lipdD,el Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
1111 H Street, P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name ,7anat T. Capra Phon$30 ) 2dfi=90d7 n+-
( 303 )
Address 2611 WCR6 CityErle State co Zip80516 828-067'
2. Address or location of access a{✓4f/ eve e 1 Fre, //��, C /f4Jo . "S/t
Section 21 Township 1—North Range 68 W
Subdivision Block Lot
Weld County Road # 6 Side of Road Distance from nearest intersection
3. Is there an existing access to the property? Yes x No #of accesses /
4. Proposed Use:
TD Permanent ID Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other a
r '
5. Site Sketch I (di
J I�/7,7
Legend for Access Description: j A
* AG = Agricultural * 4�1w ,
* RES = Residential * t Wine
O&G= Oil&Gas / C
COIGaiLDO
D.R. = Ditch Road { ; �J / /9 RCM 41.14/0/Irk C'7 a
n- i
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T� c 4.c
, C-z ,4y ,eu/ ,ee.
3 �-. • )
ar 7 ., ,.... ( 0
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Rcs,c)EAA1aL S;tc
(4,e1 '& [Y'rc,QA E%cm, 7)
*******************************************************•**44************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
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Weld County Planning Dep
\i'w 13 2000
CERTIFICATE OF CONVEYANCES WELD COUNTY RECEIVED
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Land Title Order No.: SWINK
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:
East Half of Section 21, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State
of Colorado
CONVEYANCES (if none appear, so state):
Reception No. 1398582 , Book 1635
Reception No. 1975785 , Book 1038
Reception No. 2040142 , Book 1100
Reception No. 2040143 , Book 1100
Reception No. 2040144 , Book 1100
Reception No. 2036376 , Book 1096
Reception No. 2040146 ,Book 1100
Reception No. 2040139 , Book 1100
Reception No. 2040140 , Book 1100
Reception No. 2040141 , Book 1100
Reception No. 2063290 , Book 1122
Reception No. 2502152 , Book 1557
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 3rd day of November, 2000 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
By: 2 a=
Wendy A. Bell
Title Searcher 1
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' '.tanua:y, H.OM nee it to Mil r theme ere tees W
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' PEARL r. '/INCEST.
I 1,I .r is coati a bolder ,
' -..I W rt.e f rand.M the An.put W Tram P. hiesn,
i I
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- II f the Cenu. Boulder
` ..d elate el Caten a f the aid sett
WII♦SMMIT.,TM1 the Way el to are pet,ter se Y.Wtplee et Wee
-DNS AND ND/I00 DOLLARS.
I b the w party it the Om erne e W e.M bp r.W myelin mad p.n.W girt eine (,
.- •May moms W sane** he •'Met is MA meFe/mac r: T f]AIv.d N
' twee n..et.me mtge.nom nee.tamp re quit CLAIN pet S.W pr v it the ems'part
her bun,nem rd mini,Deem.r W MOAN'S.saeteea e.:.dome wine[nee W •
pay r W not pan re le W r the hilevleg d.eY.e real proper-.y
Stab.Isle W Mee I.to Cam f MELD W bete if
f
The Southeast quarter (SBy) and the Northeast
quarter (RIIr) of Section Twenty-one (21). Township One (1), l d� i
Range 68 and the East half (B4) of the Southeast Quarter
(SEA) of Section One (1). Township One (t). Rance 68 West. ')S---- ?:-
ti
• This deed is given to show change of mate of the lr e... '--`
t.
owner.
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TO SATS AND TO SOLD W ew teeetter phi an red.legWt W ere.twv—..W plelkete Weave
t an e n I.Anne[[teeee ntYYlelL al as dm etw.Mat.MIA lama r.Ole violent,f Y
paid Feet y f the let rent star e be r tPdtr.Fe the eels earn tom ant W Meet of W W
pan y or W.end ptt, her UM ad entree.6wnr.
IN WITNESS Iran►.The pM pan y at W not pan Si bonnier. her Me
and seal the der aad Jet N.t an written.
Sward.laded end DelMM e the heeaee.t J-esL C Jr 4.e flee!rf?tutu
A
MALI if
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..p_ALI r
STATE Or COLORADO. I Ewer et f Boulder to
n
The Motes eeewetw.WnL.Jpd berm.a tie 14th sir.4 January.
A.D.ItS3 .W Pearl P. Vincent. e
.. blsute.dp nine May 1. .5566 .Wien.a0 are art MOM k• I
-•••• File_
$7t‘ Vin: li ED
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1984 A! 23 F14 3 24
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alt I 63560 �. .
"AR197S7,:5 C!t •. C..I.CkR C _G;:._ r4 '
if ez OCITCLAIMDEED IU.eu•uE•sWIASl Al. � r*,N
M )7 1 W 4>:
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11/151/1111•*Ash �ha // Jal nl July .Iv 34, 1 x
hrtwre% Pear F. Kirby a5An `}
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*R IOQMf70Mr CU 4 t..
rd the '<�.pa n1 Lacy,boulder and it_ id
(rd.nrl. rr.mr al,,.ra Opal Trustee 2 8 .>.
whom l«.d address is 2926 15th Street ------- '
tot, Boulder, Colorado 80302 4x h3
,d rM 1 aunts,d Boulder
• M'II%1hhl III. I ha.rhe lmnhm•a Ira and in um•nkrenm.4 lh<•am 64 t') CONSIDER;TION ., 4 • '
( C.R.S. 39-14-102 —n111t•t
Ilw it, lr.0 1. in,n. 4 w his h nMn•hl a l inn kJfel ha• mn,wd nhid,Milli Limwhed.•.41)1 1111AIMI h.and In `F 55" ni
t1w sic pi.v ins1 r•nn n lyre
e sell
and 111 II(I AIM us.,lla'y,Mkt 1•I. her Mrh •n t r•ww•and.0%411% Ai, r I I
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•.« 1 m. II its, h I tl nh ma ,la m and Jrman Mh i + . Ihf 1•ramnnm•I has and Ii, IM rrnl 14.111") u.yrlhrl *ilh t
Y
ngwm I 1 I r I.ma an;l he ng mlhr I,.my,d Weld and Mak ill ,yy
f Ix 1 . I III I +
fit-
.- The s<.utheast Quarter (SE1/4) of Section One (1) , T'4wnship One (1) t,tr•' • f ' .
�a' " °'J North, Range Sixty-Light (68) West, of the' 6th P.M. i
and ___ ....-... - /4 c-. 7t. 1 ,fir; 1
Th., 'forth Half (N1/2) and ,Y.hehroutheast Quarter (SF I/4). ..f e--el i s
�Sect19D_Twenty-OnM._421) , -Townshi�(H- North, ''Range Sixty-Light ,t1'"- ta,'
mel Wcrtt of the 6th P.M. ` /// ,14 Iti
w
B 1038 RFC 01975785 07/31/84 10:06 53.00Y 1001 ate
P :9H0 MARY ANN FF.UERSTF.IN CLERK b RECORDER WELD CO, CO.-
t }
• 0.!
44
Ju•Ir,•an M rW nul r un hr,ar • 51
S 1,111%%1 5511 In IN II II IM -at tilt—thy w oh all and•Inlula the appurtenants and 1pn rker.nrawnhr tit limning in in e ^ , 4
en.r r rhRunt..appartaii ny and all 'w htat. ,,IM nil. men.l ands aon w hawr•er.nl the grannie• tither n raw,a.quits I 4
.nh tm Harr huma.i hlrr•' nM rr.n' her Mn an1•••gn•lrm-.et j"
UII\IN%IIINlul 1M yrrr" ha ar•rr and d,•,h.•l.a it. lak sal lrwth dune ml''R kl
fen teattf.'Rltt5l r^ --r ... .
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f rn11) I Cr .1der I
Inixcl' ry n.rurcm wp wln Jl rJ hb...n -in0 -)/
t..,,n,„ .t boulder
:.err I Colorado it. P/ .tar._I July p, 84 »3ti
. Pearl F. Kirby .
f^\ ` , ,
9j I. �41r<• /( I'nl*C.M In •na rdnl nap.nu Al rap - } f"Y' ..
1 h 1i l . y J f,�Y ,{
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I • E JAN : 1l
, ,- AR2U4014d B 1'00 EEC 02040142 01/22/86 14110 530.00 1/010 /re > :
iii R 0090 MARY ANN FEUERSTHIN CLERK a RECORDER WELD CO, CO
TRUST AGREEMENT
THIS TRUST AGREEMENT, Made and entered into this L dt of
a
l„ / 1._ 1984, by and between PEARL P. KIRBY, a resr :nt 4
' , bf Boulder County, Colorado, as aflettlor° and PEARL F. KIRBY nd
OPAL LACY, also known as BERTHA OPAL LACY, a resident of Boy' er
.:1:1 !
County, Colorado, as "Co-Trustees." t
r ARTICLE I
3 r
"7 " Funding ,
Section 1. Schedule A attached hereto sets forth the 1 st
property, which is or will be transferred to the Co-Trustees elder
the terms of this Trust Agreement. Settlor hereby assigns, ens-
fere, conveys and delivers such property to the Co-Trustees 1 ,rein.
Section 2. Additional property, acceptable to the Co-I" istees,
r may be transferred by Settlor or any other person in any maser
, and at any time, to the Co-Trustees as additions to the Trust . ,
2
'n. ARTICLE II c
a ,. Statement of Family
Settlor is PEARL F. KIRBY, a single woman, with no living r
J.
s children or other issue.
• Settlor's beneficiary hereunder is OPAL LACY, also known as
BERTHA OPAL LACY. Y
,
ARTICLE III
Settlor's Rights H
Section 1. The Trusts established by this Trust Agreement
• „' 1' are revocable, and the Trust may be revoked, altered and amended i
at any time, as hereinafter provided, by the Settlor.
Section 2. The Co-Trustees shall pay the entire net income
1
of the Trust, at least quarter-annually, to or for the benefit of d
Settlor during her lifetime, together with such amounts of the
Trust principal as Settlor may, from ties to tine, request in
writing.
c ,
•
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k
jr, .
totfrivi . .
4 H 1100 REC 02040142• 01/22/86 14:10 830.00 2/010
iI .c"Irt f 0691 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO • ij
� section 3. If, in the sole opinion of the Co-Trustees, -` ' J .
tt.: :- at a:. ' . -cc is unable to apply i .nds properly to the II
.k I 4
k . needs of herself and those dependent upos her, the Co-Trustees
may suspend income payments and, instead, may expend for the _
benefit of the Settlor and those deemed by the Co-Trustees to be I',
a
'i, dependent on her, so much of the net income and principal of the „ II
Trust as the Co-Trustees, in their sole discretion, deems necessary
4
d ; or advisable for their health, support, maintenance and education.
Section 4. If at any future time or times, extraordinary i,
circumstances or special requirements for the health or well 4 . .' * II '
aC1 being of the income beneficiaries hereunder shall exist, which in
the opinion of the Co-Trustees shall justify or render expedient a / I.
placing at their disposal of a portion of the principal of the i; !.j
1
Trust, then it shall be lawful for the Co-s-ustees, in • •sir uncontrolled
I .
discretion, from time to time, but without 'hem being i any way obli- I '
9 gatory upon it, to transfer absolutely to t' 3 income be. qiciaries
' for their own proper use or benefit such potion or port ons of
the principal. •
Section 5. Every provision of this Trust Agreement shall be
a construed to effectuate this intent. J.
ARTICLE IV
Estate Administration
Section 1. The Co-Trustees are authorzed, but not directed,
to pay Settlor's funeral and burial expanses, legally enforceable
claims against Settlor or her estate, expenses of administration
of her estate, any allowances by Court Order for those dependent I .
' on her, and all inheritance, estate and succession taxes payable
1 d
by reason of Settlor's death, together with any interest thereon
II f
or other additions thereto, without reimbursement from any person.
Section 2. The Co-Trustees may make the payments referred
to in Section 1 hereinabove, or may pay over the amounts to the
Personal Representative of Settlor's probate estate. The Co-Trustees j
V is
-2-
G q M,:
�.i* !" '' A W*"'44 "P of is
le _ . V “i'w ere i
4 I . ¢� �
f ,
s
itlrE : x ' mn •.tctr,,.nts .,r Cctt Lrr's Per: . ,a, Rep- .:"1�1 f+- i
/ e i
I , all rat, t i.,1 fdot-. relating to the .- ftvgren•_s t,:
s &f`ant h.i ' I i._• un3. r no duty to see to their application. ,`::
. ° 0 ; :;
it
�' V ARTICLE V ''�
'k
., V Trust n` *nl "s
l C NI
+, y'. ,.,� THIS TRUST SHA L BE KNOWN AS THE PEARL F. KIRBY TRUST, AND
I rr 4.
A t re r o cc '_MIL LI BE FIELD A'C) ADMINISTERED, AS FOLLOWS: :P 3
r+ m
.:444, ,
a Section 1. The Co-Trustees shall pay all o£ the net income `kY Nh 'tt�•W ,
p, o from the FE herein created, at least quarter-annually, to V .}i
Ril
o- . '° Settler during her lifetime. J
'. xo a Section 2. Upon my death, my Co-Trustees shall forthwith t -
A N z distribute the balance remaining in the Trust to said OPAL LACY,
F, is
' also known as LLIiTHr. OPAL. LACY, if she shall have survived me.
" E
O cc
wIn the event she shall not have s'-rvived me, then such property j4
74:41 ,
o shall be inuaediately distributed, n substantially equal shares, >
i o ' i
,,, ,,tto the following named persons, a 1 of whom are children of said
-s:.`'�, . w OPAL LACY, to-wit : ^_
' cc I .
x o H RITA LACY 11IK, > adult, Of T 'a Grove, Iowa '
is t o m JACK WILLIAM LAC ', an adult, -f Boulder, Colorado
ROLLIN LLOYD LAC.', an adult, rf Long Lake, Minnesota p ',.
In the event one of the aforelamed children of OPAL LACY shall
•.,2 r not have ur vived, then the share lie or she would have taken here- x, y `1
, ' - is der shall he distributed, in substantially equal shares, to the
• I.
, , • t ;-,r class of persons ereindbove named. '
;
with respect to the provisions of any Trust . � ,:
i -_ �<f 4th ltr.
cic ,trct cn,1, only, on the death of any beneficiary r �t-: this Article 'x a t.,
ut it?, ' to receive income, all accrued and undistributed income r '16�
i Id ler the account of such beneficiary shall be treated as if - y',
• t f
t had it ripLl or been received immediately following the death n [
:
of =ue•r „ u„ficinry•t
,
APTICLE VT r ,�1 l ,,,
Powers of Trustee « r
.o on I if the s us of administration of the Trust is ,I t t
t 7;a
�,, j in r-nlnr.,-1n, the Cc-Trustees shall have all the powers conferred v. i ' ' V}i
,A r et g# :y ¢rN.:
upon fiduciaries by the Colorado Fiduciaries' Powers Act, as such a1°kl,-3_ n
ITrfiN"']"f Imr . wry r
0 ; f
J
h. IN RFC 020401st 01/22/86 14: 10 530.:.0 /010 )&4
{ '. ''CF« u le aY :J;!7 F: .IERSPEIN CLERK & AE:'UADCR wELU C' CO • '. �.
,l „c, , ! . m tile! Frew time to tire, and notw.t hstandir . the i ; � i
"el 6 . L, : i, : lc'_ ..:y rubscr.;uently be repc.iled - ]:eld to be i
a ,
o Y,A. meal .d. the silos of administration is outside of Colorado, r .
,Q h the Ee-Tr,rsters shall have all the powers of the Colorado Fi-
', r'�= yr4 duciarie;' rowers Act as it exists at the ?.ime of the execution i)h
--��FF,,$' ₹
- t.„ , `' of this Trust Agreement, which Act is into*porated here'-n by
v t1/4,, s "' A refer,n.:^_.
1ty, '!fa
. ;. ',i ',, section 2. In addition, my Co-Trustees shall have all of
+x �S3'A'- the fIllowing powers, to-wit:
& •
at To make distributions of income on behalf of the bene-
!t,, i,I
.r i ' ^? ficia, ies, whether or not they be of age or legally competent,
,, x1 either directly to the beneficiary, to a guardian or conservator
1.;
,1 : •J'.. of, o- to others for the use of the beneficiary. The Co-Trustees
« l shall be under no duty to see to the use of such funds. it'
•
tea.
t ,l t +
,''i b) To determine, in their sole discretion, that it is no
x
st longer economical to retain IN TRUST any share created under this
tN F
" #+ Trust agreement, and on such determination, to distribute the r
., •
t1).'; ' - entire remainder of such share to the persons then eligible to ; ,
w$ . receive the income therefrom. k�
c) To determine the identity of the beneficiaries and any
"f),01.
t ,+ .
class pi beneficiaries named in this Trust Agreement, with or • � f
'ua', without legal proceedings. l
r'i. d) To make elections allocating deductions to estate tax i i
Y , i:_ returns or to income tax returns, so as to reduce total death and
r i
, �J income taxes, without making compensatory adjustments between de 1
o.t 3,. income and principal. i
x' e) To use a nominee's name in dealing with any reputable
stock brokerage firm and to utilize and to pay for such services. . 4 �
� f) To resign at any time by delivering thirty (30) days'
written notice to Settlor during her lifetime and thereafter, to 1
each adult beneficiary, or if none, to the guardian, parent or I
1 ,
other person having the right of custody of each minor beneficiary,
then eligible to receive income. ♦ �
1
.. 4 !
11
,
iv
• 0 ;1, •
i T. ti(,f : tC 02140142 01/22/86 14:10 '230.00 5/010 i § �
- c 94 ,+.Y ANN ILUERSTEIN CLERK 4 RECOVER WELD CO, Co
I-, Tru::t os shall not be required to cause stocks or
• r . d ! mnl, b'l-osjing to the Trust to be registered in their
,0,1.\ ,,, ,�, a,r Co- I i ustee_n hereunder, but they may cause such socks or
''C'44
� 3#„A reai ! ered Lends to be registered in their own names wit ut r r
₹' "i' ` „ disclosing the Trust or in the name of their nominee, bu' such ? 1.
'
1 a
�y renistratio„ shall not decrease the liability of the Co-' ustees. ^
t'p �''i
a ,+l
• . i'-;;;,: ) To buy, sell, and hold property in their names, �r in
N 1 ,rthe name of their nominee, with or without di, closing t: Trust. • s .S `,n y
i) To hold, possess, manage, and control the Trust and ' `
'44r , y L 1
. ^ 9t' . every fart and parcel thereci., and all substitutions thel�for and 1 . . .
w i .
% a n
t additions thereto.
s'4.:4 T
j) To receive, collet' , sue for and recover the principal ':
...,..,;-.4.T%
.'4!-J4.49)'4 of the same, and the rents, royalties, divid nds, interes' , w. 4• r°>* ✓ income, issues and profits 'hereof. • ;
•
k '' ;, k) To retain, for such period or periods, as the Co-Trustees
y' l•
? I ,y ,t$ shall see fit, any and all property, real or personal, th t may y
,4- ls
'J at any time belong to the Trust, in the form of investment in
( .Y which the Co-Trustees shall receive or acquire the same, without
.„,,m 1,4,.,F.4 any liability whatsoever frer any decrease or diminution in the
t _t; value of such property and without any obligation on the .art of
,
4' ::'1 a the Co-Trustees to diversify the investments of the Trust :and .
> '4 with no limit on the proportion of principal which may be held or , r..
Xstir jr
`�A invested in shares of stock.
9
!�f. IKf,. 1) To sell, exchange, rent, lease, for long or short :terms,
'
`,.i."0;. R ,- including terr > extending beyond the term of this Trust Agreement,
,<14 P'; the terms with options for renewal or purchase, or both, and to
�; I .
,j.. , �; transfer, convoy and otherwise deal with and dispose of, any and it
i.,3 c
t' 4 all property, real or personal, that may at any time belong to
✓t Y a
' r the Trust, whenever and from time to time, as to them may seem ,
4 , .
t•.'. wise, and upon such terms and for such consideration, and for I .,
'1 le.
f'it cash or upon credit, as to them may seem advantageous to the J.
sv
Trust.
9m
}
z
y
,,t fir'
N«. . ?
6
':":"31,,, '
r
Wir
'i !3 lifU REC 02040142 0' 22/86 14: 10 $30.00 6/010 ri,#'
V,
F ? 0( MAP.Y ANN FEtJERS•" IN CLERK & RECORDER. WELD CO, CO I. `,
V •) 9.. cake k.ontract ,; and grant opt ,ons and to execute and i•,..
4
.d z°..'. r : arei :...Sfi,_:.t.:.t do is, . !:Jz.:,:ers arc; ,�onvc/an..: �_s with
e
• r°: ct to any of the property of the Trust.
Ikg.": _ n) To borrow money from ny source, for any purpose connected s'::.:.
A r iI 0
''',1: 13- 1- Ir. with and for the protection, p: sservation or improvement of the
iS
K
4t, Trust whenever, in their judgmrat advisable, and to secure the 1,
s
4 :14:. payment of any money so borrow- d, and any other obligation of the
w 1 4.,':,..4, "Oft
}
a +rte Trur:t , by mortgage, deeds of t ust, or pledges of any of the "'
y,., . property, real or personal, th t may at any time belong to the Ity'M•
' ,..
a he: Trust.
o) To construct or erect buildings or other improvements on
F.+ rc "txh;5, . -
_4e.,0' any real estate at any time owned by the Trust and to repair,
alter, reconstruct, restore, or tear down, any buildings or other
Th k"
,t r* ti4 improvements and to subdivide or plat any such real estate, w4 ,
Mkt,V J ,, •
rvi ,‘ 3' including the laying out and dedication of streets, alleys,
+ e
ty -ewers and other easements and the adoption or imposition of r;
" ? restrictions with respect to the use and occupancy of such real il''t
,, '`i'i a t' state_ �.
,; ° f, pi To vote, either in person or by proxy, any and all stock
at any time belonging to the Trust, at any stockholders' meeting,
rY psi
'';k. ':_, for or in respect of any matters whatsoever that may come before .3"
s; ', such meeting, including the election of ani, person who may be an
4 ir: employee of the Co-Trustees as a director c.."' officer of any
P' >,' corporation, with or without salary or other emoluments, and to
waive notice of any stockholders' meeting.
.;:,,k., ,4A q1 To exchange any stock or other se 'rity held by the Trust ,,C,
for any stock or other securities, either c ' both, issued or of- t.
in
` fered pursuant to the reorganization, consc" idation or liquidation �:`
p ss
of any corporation of which the Trust shall be a stockholder or a
3w
security holder, and otherwise in all respects to exercise all
rights and privileges of a stockholder or other security holder
µ 1 with respect to any stock or other security holder with respect
to any stock or other security at any time held by the Trust. r•
F
. , - -''-'irrimirrretrwilivirr inffirre -SW, .. IIII'' k
'il' 1100 - 02041,142 01/22/86 14: 10 $30.00 7/010 • l
� i "1696 . i ANN r'EUE' STEIN CLERK & RECCIDER WELD CO, CO i IS
, _ , ,:ei . , mar,:in ci otherwi ,e encumuer or use as ,pr•
.K4
$ titco1' it _1 or •__ui . :.y," :ay stock or other securities held I ,
g'
A � by the Prust.
w
n k 4 ('
s1 To prosecute, defend, compromise or adjust any and a'l
p ir•
II .A
(( a , cl:aims tint may arise in favor of or against the Trust or any
1- . pr`5'^rty ther, •,r, upcn such terms and conditions as to them zr y seem '.
1--A
...'7„,-,":,r ' 1. ! t , ,r to abandon any claim or right in favor of the Trust, '•hich, 1 4 in the opinion of my Co-Trustees, is worthless.
j t) To enlloy, and pay for out of the Trust, any and all f
tX - s, taxes that may be assessed against or imposed upon the Co-Trustees
or the Trust. I 41.°
F �
'I
d : ).. , ✓
`r a jt u) The Co-Trustees shall not be required to deduct from
:t ' income, any premium, or portion thereof, paid in connection with
« , ff the acquisition by the :o-Trustees of any security or other t
§ '•T,: investment, nor shall the Co-Trustees be required to make additions
/ twt t .f-
',,iii i.'.,4 y to income on account of the purchase of any security at a discount ,
1 ' .
1 r '+: by the co-Trustees, and the Co-Trustees shall have full power and
discretion to allocate to income or corpus, or t apportion
. 4'',::!;;;11'
1 gg` ` Letween income and corpus, in such manner, as the :o-Trustees t
2$
ran
r. ' may deem proper, any money or other property rece ved or disbursed
ie"ya by the Co-Trustees, concerning the proper allocat an or apportionment )
1
s k of which there may be any doubt. ' I ,
t " v) To accept contributions or other additins to the Trust 1
• � .D, . I"
Y �'
,` , ♦ and to receive and administer as a part of the T 1st any property 9
received from any person. Ar
l� a w, In addition to any other powers, immunities and privileges i 7."
4:i
1/4
` . ' heretofore granted to the Co-Trustees with respect to the investment 4
t S
of the Trust funds hereunder and any shares of stock in closel•:
:;
s' + " held corporations constituting a part of the Trust, the Co-Tru: .ees
are exprer ly authorized and empowered to retain all or any pa'
.-j,,,' '' of such ti at for or during such time or times as they shall
determine, in their sole discretion, without liability on their Hart, g l
i
a.d.
el4 *MI
A‘iti xii a -4
r r' �9,;,e � l F..
p;
0
,4.
x'
al
pit
tI '. 1100 P 02 ) .01': 01/22/86 14: 10 $30.' 0 8/07` sk
'I re97 Mncl ANN Fr t PSTEIN CLERIC i RECGRDER ` ' LD CO, C'
Icf the rr.'...r < size of such investment and the 5
-I h,z ' , the - t t Sur"r retention, and th' C a ,r-rstees sh 11
1
ta n^t br accountablo for, but shall be indemnified against, any .$
rr liabi ' ity becau: of any d"rpreciation or loss to suca Trust f nds #
ti :'t ., which nay result through such retention for a period longer t' In
` ould to ms idered legal or prudent but for this express aut ority.
1. . would �
ARTICLE VII
III{ +a Limitation of Powers
w,
,' T Notw:: hstanding any other provisien of this Trust Agreement, ,
F
a "
KR.1 no power q von to the Co-Trustees hereur ‘r shall be construed to ��
' ai 'Al re 1 t
a, �''k enable Settlor or any other person to pv chase, exchange, or 1`
otherwise r--eal with or dispose of the pr- ncipal or income there- , S
,, 1
r , ^ "+ from 4,r less than an adequate considera'.ion in money or money's
/ . _; ',4 worth; to permit Settlor or any other to.tributor to the Trust to l '
borrow income or priucipall or to author,ze loans to Settlor or
:ta
iu v any other contributor to the Trust excel.': on the giving of ade-
'
i9
• r f e,.ate interest charge and adequate security. No person other
' 'f r anthe Co-Trustees intheir uciar r
:c At,,'�# t than fid ya pacit
y, shall have the • i
,: power to vote or direct the voting of suck or other securities, I
r
to control the investment of trust funds either by directing
r investments or reinvestments or be vetoeing proposed investments it
h 3 ".4*
`' or reinvestments, or to permit any person to reacquire the Trust
4 � .
4'"'t corpus by substituting other property of an equivalent value.
i`�hi, •".5 The Co-Trustees shall not use the income or principal of the
Trust to pay premiums of insurance on the life of the Settlor.
I
ARTICLE VIII
. ,. id
1,,. Co-Trustees
• '` ,4 ' R I
I herehy appoint PEARL F. KIRBY and OPAL LACY, also known I;
q* ,,y), 4, as BERTHA ' AL LACY, of Boulder, Colorado, as the Co-Trustees
...414 ''^" of thin Tt,. t Agreement. In the event either shall die, cease to '
`{:', . serve, refure to serve or fail to serve for any reason whatsoever
Tfy,
tM, x
� or sha'.l. re=ign as such Co-Trustee, then I appoint CHARLES A.
• ' , BIIRTE, JR. , of Boulder, Colorado, as the successor Co-Trustee i
ii tt
' ! JJ
, =
,,, Ii ,, eoncuc, acct hereby died that r- Co-Trustrea g' i
U I "r:. stee L-render be pc mitted '-; 'qualify nd t ^"
x,^,.
. . tnuut giving bond or sun ty on bond in such
, p
. � ya 4 ity. En 1700 REC 02040142 01/22;-:6 14.10 $30.00 9/010 I,,"..� F OF.99 MARY ANN FEUERSTEIN JLERK i PT CORDER 1PE n CO, CO
q . e 4
• r„,„ i •4.: ` ARTICLE IX
of ^'i General Provisions
t " E'wit .e " :,n 1. The trusts created under this Trust Agreem- nt gg
1 n.t shall tr rninate no later than twenty-on . (21) year: after tin
.r
a „x.,J.:—....4;. <ien! i of the last. survivor of the Settl- r and Settlor's ben-- i.
u ',e�E�t fic-vries hereunder, living at the date of Settlor's death.
elt
'41,,-; s .if. Thor - open, the property then held in tru t shall be dischar Ted of .,
di
1 ' , `-;A�. at '.- ' tn. t and shall immediately vest in nd be distributed ,0 the
41,
prommns then eligible to receive the income therefrom.
.. ii-“,, c.4
:potion 2. The intere -'.s of the beneficiaries shall nat. be
.� ksy subject to assignment, all* ition, pledge, attachment or thT r
'� .
i-."-t":,, ii claims of their creditors. This provision shall not prevent the
ii y ,.. .'
r , , exercise of, or transfer p' suant to the exercise of, any right • 'g
•�4>lci of S.. scla '.mer or power of r :pointment granted in this Trust
' ....:)''1.:,8,a, Agreement or under any rule of law.
i ,, '-/1. rect'on 3. The valid ';y of this Trust Agreement shall be E ° •
S
determrnet-' under the laws cr. the State of Colorado. Questions of ifi,,
e
conrt.ruct'on and administration of this Trust Agreement shall be li
y, •' determincr' under the laws e' the situs of adminis' ration. • I ;
*
; s,
Sect:.on 4. The Co-Trrstees shall report at 'east annually g .
' to the Settlor and to the beneficiaries eligible to receive the
' current income, all the receipts, disbursements a-d distributions
SA - during the reporting perio: , and assets then held as the princi-
, pal of the Trust. The records of the Trust shall be open at all
.
reasonable times to the inspection of the beneficiaries and their
I :.;: appointed representatives.
1,
"°` 1N WITNESS WHEREOF, toe parties hereto have executed this '
i
q,ryy Trust Agreement on the day and year first above written. ,r. .
/CO-TRUSTEES S,E/T�TLOR: ,7_// /� 8 1 .!fit r ! ii/'; (7<' _ F¢ ♦r1 L RRRBBB C.• ((J it
1'
PEARL Y. KIRBY _ EARL F. RI Y
r
OPAL LACY, also kr%own as :t '
BERTHA OPAL LACY '� .4.
t: t
4
4,,',./,.. - SCHEDULE "A" .- 1:3:
r< Trust Property j� ..0
4.1„,!,,,
, - gLsn, ,r: i PAL LACY, al: kno,..n a ::R7 IA ..PAL
g t* LACY CO-TRUSTEES, under that ertain Trust_Agreement .
entitled "PEARL F. KIRBY TRUS" ." dated on w,i,y //, 1984:
s
k � �
DISCRIErl ON OF TRUST ASSETS VALUE '
ta t
Madison Gas & Electric Co. , Cert. No. 1 '23; •`
g,if if 500 Snares/Common Stock - $8.00 Par V- '.ue
We..: Pnbli.. Service Co. of Colo. , - Cert No. :77400;
`,' 123 rues/Common Stock - $5.00 Par V 1ue
Public ervice Co. of Colo. , Cert. No. ' '5435;
Goo S .a:es/Common Stock - $5.00 Par V: tue
t
' e '"". u:P'PIFI AbDF OF DEPOSIT
a Ai 3. University of Colorado Federal Credit U:ion; ti'
,: �IR No. 493-37 - Maturity Date: 7/11/85 $ 8,781.02 t '-
"� ", ,, "';t University of Colorado Federal Credit U- ion;
Sri+? '' 1' No. 413-07 - Maturity Date: 2/28/85 $ 12,644.43
< "$o'. Qr�- 1st rat ion it Bank in Boulder; No. 23341 .t
r�, .,`lei Ft turity Date: 7/29/85 $ 6,286.64
" i ik," I :t National Bank in Boulder; No. 26171
>tit?: , Maturity Date: 4/1/85 $ 25,000.00
,0 4,l �' 4
'+ PEAL D TAT
E
yyrri Boulder County ' roperty: 2926 15th Street, if •
„ ' Boulder, Colo- ido (legal description '.oft f �
a govern) `) '
' I a
' ,= 14 ,11 County Pro ,rty: Vacant Land
(legal descril -ion to govern)
77
8 ,
Y
r 1100 FF.C 02040142 01/22/86 14: 0 $30.00 30. 0
Yx '' F c699 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, 'O
ICI
i "t Y 1 F 1 k
r
) ,
:A � ,
I ,
� SET^wR: ,
J.
£ ,.. 4 Date Jr
r / EAT F. KIRBY
:' w.• r* The undersigned hereby acknowledge the receipt of 1.. a assets
' t above describer'.
)t
o itilCO—T`USTEES: l `
AsSItif
112-ij
Date EARL F. KIRBY t s :1
2
6iFe�� OPAL LACY, also known 're 4 'i .r
BERT?A OPAL LACY
:y
it T Illifte'n�lft
• pt 1 m . ° _ a `
O1
! 1' ,r � 4 eti i°i i-r. t r!Iii.'iIb1/4, 1 +
.
1141, '^ iil�'�i i`f1 !IAII 1.:!'1� 1 yYj"�IJ�X
a?: • 4 4"y Y- j
STATE.OF CIn.011A'vD l'
A„1 (J t cnT!F1CAI c OF N :.,Tli i I �
Ir MV SIC16N Oh.Ji MI it ! Y,n,l .1 -1• }
, lliffil Of '-1
ift1 AO ff. F Kirb Femal L MAugust 5, 19 5 NI .
I frarl Y —� 4I ;-hln ., - --- �. .
< r, 1 �
' khite ;Tl + iican ` 160 I `1 ( march 14 , 191', Boulder _ J
Pauld_ r 2926 15th Street 1 .>•� N/A Ft
( VtX ID N( fP V1.N fD IS uN4!'(USl M() DI 1 ! 1j
{ '�p1 �t11 \( `P 1 PI _
S 1 •\ t� l fi u in,. U . S . A. !N.,Ir Bocci C\I D 1r _ . .
a None
[[
I. No
521- 2(1 -1430A 1. Housekeeper for University . Housekeeping
•n I'� ,I '• C:1\ ( .hU .In..1los 111 9f[1 N'ANOMIE.,
..
Colorado Boulder. I„ Boulder 80302 [ 2926 15th Street Ps -s . 'CH '
ill
.,. ..
.:::.,:p., 1.1(1fwl1 10...f
Iruis NMN Wire Nellie NiN Nary( '
Oat vG Nu[N1i51 d'" I � •.
1 Friend 4500 - 19th 4446, Boulder, Colo. 803-.2 ii 71 aCy .. CM rµ.. +.4
• �— .rn 'rt 4n••+ `� IN[II L TON/ ,..41 nnolIX 'ION yR I.
(
a Burial t 8-07-85 [,Green ,untain Cemetery Boulder, Colorado
c, R1510f 1114f P.( O f '.. ifs1
//~ rr !1! hi �G*u/f/ 4�}?r�Howe lortuary 2121 I1th St. ,Qoulder,C080302 '
I
I .w.,.cl w4,N 4.o. a on., 1. [
n .\. r. '�. ] � I.Nonni o wx 1
!�. I.
??? \_ o.rt s.cNlo 4.,. MO I:
1 NODNcrD Dr+D I . X
s1 � �.j /
/r cYS iIn
.. _
� '
,,,,-., ..(:t(R r IR nhY'IAN onionp4fei.-
Dr Do L . Ni olay 2525 " h 4_ Street Bo, der Q 80302
" il, nfL Qi�t N 1
_ _
f.,tn �'YI"In N ▪ f M1.' �
nfiY�{ 4
n ,1(MY /f'4_ l• t 7d _j:"
f
y I V• IO Ln COV.1 t �4 (It /r1 1 (�
I u ice/ �•1-r . L%
",. I (_ yam. _— —_—_. �__ _t . .Of r ' v `
.. 1. nar4 ¢, rD( ONS [...,�.�.. �_,,w. r, w•...+P -••• . 1O,' alS. f•
or •..9M UC.LPPIn l •
�: D[S:MTt MU'M No 'iv no
—r. P.,�N�DN n.14.J..
�, •. O ..611[. , I(
1° _ :
' ., - -r l i:^lonY;...,.. ... [oc.nc o•.row ;l.D..::.
e la _. - w rw
•. 13 1100 REC 02040143 01/22. 16 14:11 $3.00 1/001
F 0700 MARY ANN FE'JERSTEIN CLERK i RECORDER WELD CO, CO
STATE OF COLORADO, CITY AND L1Qu1iTV OF BOUT ER
e { ' •
; I hereby certify that t above is a true. full and correct copy of the
� • certificate in my custod •Igd oil on file n my office as required by law.
" 0 11 ( this
Witness my hand an4 offit) 1 sets at'$out r in said State, •
'A.,- date A'JG 12 1485 • Mr.
. dohQ�0.v-Dr .nelly, H.D., Director •
Not valid without
' Jidnistfar f Vital Statistics
#'� local renistrar's City and ' wnty of Boulder, Colorado
seal.
4 , ? // ,7 ,-,- ,i-i1, . DeputyA.
>,
,'
•
1 t a r.yc
nown
r'
i
11tr ?C 02040144 0'"2/86 14: 11 53.00 1/001
,y� i'. .;i F 07r 'AR) ANN F'EUEAS"- ':'N CLERK 5 RECORDER WELD CO, CO
r" <' 'LOADO )
•x ) SS RENUNCIATION AND REFUSAL
:.q. .,i,1. .,ER ) 'fy•
1
;4 r 1, P+.!+PHA OPAL LACY, being first duly sworn upon oath and x ,; 'y;
•, heinn of ii- fu age, depose ml state as follows: St
t 4
, At St
• � ,, • 1. ') at •.order that cert,in Trust Agreement entitled "Pearl
F. Kirby :, •nst" executed on .' :ly 11, 1984, said Bertha Opal Lacy G �
was named as a Co-Trustee thereunder, to serve with Pearl F.
Kirby;
a 1 t . 2. That ;aid Trust Agreement provided that after the death r,
Ir ' S• of r,ar1 P. Kirby, said Bertha Opal Lacy was the beneficiary
" s ,,;r under the ;provisions of the Trust Agreement; . s
Al nru 4 3. That said Pearl F. Kirby died on August 5, 1985;
:.;;;:C7.1- 4. That lertha Opal Lacy hereby refuses to continue to se' 4
. 1
-s a Trustee under the Trust Agreement, and requests that CHARD
k:. • •:•,$1;���s, A. IIURTU, JR. , of Boulder, Colorado, serve as the sole Trustee, s
s. .`ta'+ Charles A. Hurth, Jr. was named as the successor Trustee in the ti A
t xs . .r. Trust Aqr cement; ( r•Ar.�
gyp , : 5. That pursuant to C.R.S. 15-11-801, et seq. (as amended' . , ( •-
eI P y a„ Uertha Opal Lacy hereby renounces her interest in all real and
' f ..'.y „ personal property passing to her by virtue of Pearl F. Kirby's
e•^'F'9*r Trust, and in accordance with the terms of said Trust Agreement:
, � " xs,
, E. That by renouncing her rights under the said Trust Agr
.'Arty :';.4;. ". ':-,:. ment, all real and personal property belonging to said decedent l r
.;hall. pass, in substantially equal shares, to her children, to-
,... it:
''r.,.
1 •IA + RETA LACY HIX, an adult 33 1/3%
' M. '; JACK WILLIAM LACY, an adult 33 1/38 ,
� ' ; ROLLIN LLOYD LACY, an adult 33 1/3%
wr.: . L _.. E..
7. That the subsequent ;trustee take all necessary and prop ,r
ry 1 steps to transfer the said property of the Trust to the new bene- •e.
ti_iaries as soon as may be accomplished in a reasonable and pru-
dent
�- ` dent manner, being mindful of the purposes and intents of the de-
.: rodent, as well as my desires as evidenced by this Renunciation 'M
:1;."-.,P and Refusal, r4
,,,R :, .x' 66PP 11
DATED at Boulder, Colorado, this 3 it'
day of September, is
1'
• A , i
';' ((y,�,
J� �Lt�L(ta' r C.-3213.441 LL asf `1 .
`t, ERTHA OPAL LA 4
•, } 1 ,w
The foregoing instrument was acknowledged before me in the
said CCour/ly of ,ou and State of Colorado by BERTHA OPAL LACY,
thi _ '' day d( , 1985. rb .,
• µ9.v4. ?
WITNESS MY HAN AND OFFICIAL SEAL.
yk � L . rn ,Y
O, MY COMMISSION EXPIRES: 57-/S--di ,
k
d ' ;1). (8' QF NOTARY PUBLIC) / �Z.tL�e(,�7� .� f
' U T l .t N TARP J(/IBLIC i , '
f
' ,r I.•'
ADDRESS: `7 n e t,„.r4jkJ 4p ,
'"hiditr ( sib lV30Qi "�
r 1
" 111AI11
l AR a ;- ;' 7/f
' lr
t .., TRUST AGRFEMZ • r.
, / . P' .
, .i.. : ''1' i..;PJS hi
LMENT, Made and entered into t ::•.3 day of
t _ 1495, by and between RETA LACY NIX, a resident k
f
Iv '> ° 1 cf t - - State of Texas, as "Settlor" and JAC1' W. LACY, of Boulder.
eil
,,' I c;Ol, :..x9O, :.,nd ROLLIN I.. LACY, of Long Lake, Minnesota, as the•1 °
f a 3. B 1100 REC 02040145 01/22/86 14:12 S33.00 1/011
- "Co- �rnstees.
,��, ',SA,' � F 0702 MARY ANN FEDERSTEIN CLERK L RECORDER WELD O,
Cfl
��_. ARTICLE I
p .
e 1 i 14 d Funding i
✓„It-v Y tee
„ Section 1. Schedule A attached hereto sets forth the trust WI
1 ". * .lr property, which is or will be transferred to the Co-Trustees al •
under the terms of this Trust Agreement. Settlor hereby assigns
9ds, ..4s,. a transfers, conveys and delivers such property to the Co-Trustees
fW 1 �� 4'.
4.;p,'y "�° ,}�' herein. t#.
Section 2. Additional property, acceptable to the Co-Trusties, "•
" „ may he transferred by Settlor or any other person in any manner
ki ,M":'
e * ' and et any time, to the Co-Trustees as additf. s to the Trust.
T,
1
4 #
r : " ARTICLE II
irk ' Statement of Family
:WV?'L � ' t, Settlor is RETA LACY NIX. 9t
as I
i .`
1tp z,' . � Settlor is a resident of the State of T, •s, but this Trus°.
F. ° " g I
,M - ' -.r 'b"?. shall be executed, registered and administers under the laws o'.' ;
:r3 '
cr'r } .. the State of Colorado, and the Co-Trustees he =under shall have all
;' A
} z i the pcwers, duties and privileges conferred m imposed upon fi-
+. ';'1...?-.!, -,
'+ `; duciaries by the Colorado Fiduciaries' Powers :;t. e ,.
1"." Settlor's beneficiaries hereunder are he' children, to-wits
LEE NIX, an adult, of Sioux City, Iowa
A �`e
GAYLYNNE STRENGE, an adult, of Corpus Ch sti, Texas +
ki •' - ,'," ERIN HIX, an adult, of Lincoln, Nebraska , :
si y °��. In the event a beneficiary hereunder she ' die, then the C
trust herein created for such beneficiary shall, be distributed to
the then living descendants, by representation, of such decease-I 1 1
n _ 1
beneficiary as hereinafter provided. '(({ , { ,
4�
k
f 1
ni i. ,.4, e ( '.)-(• �I
• ! , IF;' 0 014'. 01/22/86 4:12 $33.08 2/011 i .
r i .. ,e1 , FF. ERSTEIN CLEF:" & REJOROER W1 ' CO, Co
ARTICLE III ,S-
it1oT's Righ' ^
'f. ( rleu 1. Tne usts established by this Trust T reement 1 ,,'
''-r• '' ore it oc;.'.•le and shill stand without power in the Sc :lor to
r y
�u{ '• alter, r- ve.)Ve or amend all or any part '..hereof. v
' f :
r t �. ,-,( ,: ,on 2. The Co-Trustees shall may the net inc of the •
`i + a,:
°i 'fru t, to or for the benefit of Settlor during her lifr• ime, tl
r. ii'
� ,� tu-1 •th' ' with such amounts of the Trust principal as t1 Co-True- , •r '
,
urns r •, from time to time, determine to be appropriat at their
._(de d -,c retion, whose discretion shall be final absent victual fraud.
A'
l , ' Se _:tion 3. If, in the sole opinion of the Co-Tr.:. -es,
ai, sottln' at any time is unable to apply funds properly t: the I
needs of herself and those dependent upon her, the Co-7 istees, ,
$' « and may expend for the benefit of the Settlor and those Seemed by �+
` . the Co--Trustees to he dependent on her, so much of the et income ' `
t$. and principal of the Trust as the Co-Trustees, in their. tole
3 '
ir:
1 :f*. ` ,r discretion, deem necessary or advisable for their heals support,
K v
a maintenance and education. 4 4 ,
Ye
'
P '. Section 4. Every provision of this Trust Agreeme• shall be
1 i
Y '. construed to effectuate this intent. F
ARTICLE IV
e
' I 'r :• Estate Administration
`�` , .p , Section 1. The Co-Trustees are authorized, but n directed,
A 4
... ete ' to pay Settlor's funeral and burial expenses, legally e 'forceable f q.,
a
0..".4$w M;,,".
claims against Settlor or her estate, expenses of admi. stration r f
'f 3,,?' pqM of her estate, any allowances by Court Order for those ependent 4
t on her, and all inheritance, estate and succession tax, payable
4 }p '+ by reason of Settlor's death, together with any interer thereon
14 1 8 •
e or other additions thereto, without reimbursement from my person. 1 4 '' '
t, 4.
Section 2. The Co-Trustees may make the payments lferred P
.ea'`. ` , to in Section 1 hereinabove, or may pay over the amour to the
v I
s& Personal Representative of Settlor's probate estate. ' I Co-
F
'l:•ry Trustees may rely upon the written statements of Sett] 's Personal 1"
t v 1
5
i i !
'j '
3 ' -2-
i10U RFC 0 04U145 01/22/86 14:12 $33.00 3/011
Y n704 MARY NN 1F:UERSTEIN CLERK 6 RECORDER WELD CO, CO
, 1g ti ivr s + - all material facts relating t_o these payments 4-t1. . ..
R a',. r ,e ., ": r no '- .,y to see to their ai,plicatio: . t ;: .'.
Cr � ARTICLE V I,'. r
P, k'ibis:c1 1i
Trust 4
1.
1
r r+ in rru�st shall be known as the RETA LACY HIX T UST and �. ,,�
L.r ,a-,
� d ''. n3 shall be held and administered, as follows:4
r
`}' ' cctian L. The Co-Trustees shall pay such of thc net income
t r from the "rust herein created, to Settlor during her ' ifetime, as
k
p ` they (Into mine appropriate in their sole discretion.
+,f 4\ ' " S -ct.+on 2. Upon my death, my Co-Trustees shall "ivide the
Ej r
f `j
t - -- -
t trust ost,rte into as many equal shares as I shall then have living a
F Y + `
�' 1 children, and deceased children with then living desrandanis, and
shall hole: the property IN TRUST for the benefit of each of my said
, z
p, qx".z children, until such time as each child shall attain the age of
') Y
. r1 `;kh' twenty-o* 1 (21) years.
AI
4....:,..7
`� Sec_ti_o_n_3_. After my death and during the term of such trust 4 -
L1_1'`,‘!, 1
+ } for the benefit of my said children, my Co-Trustees shall: i
T e a) 'ay the net income to or for the benefit of my said child- ' ,
ta�a ren, at such times and in such amounts as my Co-Trustees, in their
sole discretion, determine to be necessary or advisat'e for their 1
:, 4t. health, support, maintenance and education (including postgraduate) .
,,, r b) Consider all other resources known to my Co-Trustees
� ,��" e
to be available to such persons.
,ry ' 1' c) Add any undistributed income periodically to principal.
;1;',1" d) When each child attains the age of twenty-one (21)
fit',ia «.
,
1Y3 years, my Co-Trustees shall pay to such child his or her share of
`✓' the principal of such trust, together with any accrued and undis- = 1'"
.,� 7 P P F
C ` }.• i tributed income thereon.
• e, 4
fi Section 4. In the event a child shall not so survive me, 4.
j:
.. ; then the share that he or she would have taken shall be distributed }t
Y to his or her then living descendants, by representation.
J
1
Section 5. If, at the time provided for the distribution of
'kt V' the the principal of this Trust there shall be no beneficiary desig-
- 4
nated then living, such principal and all accrued and undistributed
• 3 !a srI, i 3
IL ' - -3-
r - ,., TT . 1 'minor 1
eC ^x' )4( 145 01/22/86 34s3 ' $33.00 4/011 '`
'
F , M Pi f N FL' EPSTEIN CLERK i , ECORDER WELD CO, Co
,L . '.r :7i ' rihu_-d to those persc rs who wuuld b , entitle l
r, rv , , y had she died At that time intestat, and a 1
.fe' '. , , ,-,id el. .0 r it Stnte of Texas. .f
:::,, tkt,, Sect 6. Wi-th respect to the provisions of any Trust .'.
r `" created under this Article only, on the death of any berraficiary
entitled to receive income, all accrued and undistributed income
,
rq `
,,, ilgr iy 'r; held for the account of such beneficiary shall be treated as if
it hi:'. accrued or been received immediately following the death - I �
.�" of such he nr f3ciary.
a 1''i- r'L ARTICLE VI
Powers of Trustee
Li 41k'? le pecti :'n 1. The Co ustees shall have all the powers conferred
upon £idur cries by the olorado Fiduciaries' Powers Act, as such
Act may be amended from ime to time, and notwithstanding the r k.
$`';
�. . ,ix %f
foci that the Act may sc seguently be repealed or held to be
' 1116' invalid. If the situs a administration is outside of Colorado,
k �
the Co-Trustees shall ha e all the powers of the Colorado Fiduciaries'
ti3,. Pceers Act ns it exists t the time of the execution of this
+. � Trn t Agreement , which Art is incorporated herein by "erence. A ;
Section 2. In addi` 'on, my Co-Trustees shall h , all of
t. w ,,Sit..tC the following powers, to pit:
rc €,f Jo
a) To make distrib ':ions of income on behalf c' ,eneficiaries, !r ;
r .;p
q i',.4 whether or not they be c age or legally competent, her directly
'if.'4 ri} to the beneficiary, to a -uardian or conservator of, to other; j
';%lie" for the use of such bene' iciary. The Co-Trustees sh be under
4
' no duty to see to the use of such funds.
T b) To determine, it their sole discretion, that It is no i ,
longer economical to set 1.n in trust any share creatr under this
r r16.
y + Trust Agreement, and on r•fch determination, to distr' ate the
entire remair er of such ;hare to the persons then e gible to pi 1
� .
JJ receive the income there`:-om.
-yam ' cl To determine thr identity of the beneficiary s and any
kclass of bene' iciaries n- ed in this Trust Agreement, with or
without legal proceedings
. y I
'.r1 ,
"4 Y:
' ''''4,p 4
P.f '-
IrlarT J -
m l Lrt,. �. , 1 r '
)
' ('2 , 145 01 /22/86 14: 12 $33.00 5/011
' I A . ANN :EUER FEIN CLERK 4 RECORDER WELD CO, CO 1
,f r elc ions allocating c,;:;lucti Is to' estate tax I
i ti turn n, income tax returns, so as to re uce total death and
*ktincome Saxe,,, without making corrpensatory adj-stments between
,31 ''L . income Ind principal. !
t'N✓r
I '' e) To use a nominee's name in dealing v-th any reputable ! "1,
,
« r x . rrp
stock 6rokorage firm and to utilize and to pr for such services. °
,' r �,� '+ f) To resign at any time by delivering '.hirty (30) days' f
1 3304;,
written not 12” to Settlor during her lifetime and thereafter, to
iiit,w .`i y„ .z
; `•+ each aiult '.eneficiary, or if none, to the guardian, parent or
L .` 3X ,,, other person having the right of custody of each minor beneficiary,
1Wf:,- `
31 .,ti:.< ',-: then eL:gible to receive income.
; .
g1 The Co-Trustees shall not be required to cause sb;cks or i
/ 4-3
d E 5!
‘ ,\ . , 3 ri registgyred bonds belonging to the Trust to be registered in their 4,,, {
+tom ,twk, h names as Co-Trustees hereunder, but they may cause such stocks or "'a: '-
, .�
i' °t registered bonds to be registered in their own names without l!
t'
,"itti/5 ; 2;! di,;clnsing the Trust or in the name of their nominee, but such r 34
�t �,. ` rcyistratien shall not decrease the liability of the Co-Trustees.
' t r° ,may: h) To buy, sell, and hold property in their names, or in I ! �
' ``)
Y. .* the name of their nominee, with or without disclosing the Trust. 3 i'
F: i) To hold, possess, manage, and control the Trust and
,t;, ,Wi". . every part and parcel thereof, and all substitutions therefor and
'". f.,, additions thereto.
•;F ;
;t1 3�! j) To receive, collect, sue for and recover the principal �! i
-
' of the same, and the rents, royalties, dividends, interest,
k n4 )�
' income, issues and profits thereof.
i :r' k) To retain, for such period or periods, as the Co-Trustees 3.j'
shall see fit, any and all property, real or personal, that may
.�� at any time belong to the Trust, in the form of investment in , .
t r.
which the Co-Trustees shall receive or acquire the same, without
any liability whatsoever for any decrease or diminution in the r:a �
value of such property and without any obligation on the part of k
x
I + the Co-Trustees to diversify the investments of the Trust and
r; y'
„ ':sk '
,1w
gs<
, TWIT
y,
�
,
, 1 ,
r.
'
ILI i r )204 , 4 G1/2:/P6 14:12 $33.64 /O11 + r '
fig ..r , F.1:; 11 ER. 'EZN ,;LLRK 6 RECC".DER WELD C", CO + f- e' '6
w
Ii _ , + h'. Froportion o:. priw_ipal whicL may ':e he Ll or '` i
a , I., , 1 n r-s cf stock. i ;.
1 r , ,
� s
isio--§� 1) T(. X11 , exchange, rent, lease, for long or short terms,
} .'* Inclul' ing terms extending beyond the term of this Trust Agreement, � f,.
��I . + �, the r, rms w '-r . options for renewal or purch�3.se, or both, and to
IA
. I ' , r, . , :rester, convoy; and otherwise deal with and dispose of, any and
•a all ��roperty, real or personal, that may at Deny time belong to
the '.r,+nt, whr•never and from time to time, a to them may seem
v t.
#,V wise, and upon such terms and for such consi'"eration, and for r,
3 ;F` cash or upon credit, as to them may seem adv ntageous to the
','rust.
e , i 7
i it4
t a? F� m) To make contracts and grant options and to execute and
« { H l , deliver good and sufficient deeds, transfers and conveyances with
respect to any of the property of the Trust.
a ,w.jy- .1
.,� n) To borrow money from any source, for any purpose connected
+' ) t�." with and for: the protection, preservation or ;mprovement of the `
I.'^ JR„,¢' Trust whenever, in their judgment advisable, and to secure the
.4;1
,er' ,}t e payment of any money so borrowed, and any other obligation of the i +
� s,
2 gfi ��ust, by mortyage, deeds of trust, or pledgee of any of the ,
i
' V- . :r1..`‘' -Iperty, real or personal, that may at any time belong to the � .
T fe.t17
,1 i'rust. • i
n + j, ^I
n) To construct or erect buildings ::::h::
r ether improvements on ' + '"
% :1'44.i
any real estate at any time owned by the Trust and to repair,
. alter, reconstruct, restore, or tear down, any buildings or other ,,, �:f'
`P6,- improvements and to subdivide or plat any such real estate, ''. 1 ,.;
,1 _Il,. including the laying out and dedication of streets, alleys,
sewers and other easements and the adoption or imposition of
& a ,.,,a restrictions with respect to the use and occupancy of such real `
4 ,
Tv .'.-;.i. estate. v, +
S
1 1
rt' " ' p) To vote, either in person or by proxy, e ., and all stock
.-. 1r '
c -,t any time belonging to the Trust, at any stocktllders' meeting,
4.,.; ' •
'. ; I` for or in respect of any matters whatsoever that ,nay come before '. +` 1
Yr" '* a
Ss ,
,'44 ,
, ..
t' k+
.. .� ... ` 1
ir r"
5.1
3100 PEU t2r41I45 01/22/86 14: 12 1.00 '/011
niOft ' AI,1 ANN EEUERSTEIN CLERK 6 REzORr• t WELD C 1, CO
1. , „c., : I the election of ::a; pe: on who :gay be an a{.'
>Y crq,l of the Co-Trustees as a director or of icer of any
6': . ,4 .
` c nrl c r ,t :-.'::, with or without salary or other eM. iluments, and to
f 4 {
„?„t51:1,041 wniVe no' ice of any stockholders' meeting. ,t
4,:,„,,,,,„,, To exchange any stock or other security held by the
7 fbY i'
t .. Trust. `, r any stock or other securities, either or both, issued u;t
i W
or otf• t , d pursuant to the reorganization, consolidation or i ' ',
r ' . ';..4-'t'' liquidation of any corporation of which the Trust shall be a
rgip` fit.
,,,., ' 3,t.: stockholder or a security holder, and otherwise in all respects ,.
' yi
r :: '2, to exec, Ise all rights and privileges of a stockholder or other {-
'.,. ;';7414; securita, holder with respect to any stock or other secs. rity tt
t: 114
*-� holder with ree.pect to any stock or other security at my time >
J i
x
t
t f f-,
r °�i �Y�l�y held 1>y the Trust.
ti .:..1'. 44 r) '1'o buy, sell, margin or otherwise encumber or use as .-
Rf r T
k , collar.-: al or "security," any stock or other securities held by
f, the 'i'ru r,. i
r w
FO To prosecute, defend, c tpromise or adjust any and all
- -.�'>. claims. that may ariec in favor o or against the Trust or any
, ° ` `
,,,: . :1:;;t . sop"' i ; thereof, upon such tern and conditions as to them may
•` r;rom fit , or to abandon any cla' or right in favor of the Trust, M
" A i
which, in the opiniun of my Co-" lstees, is worthless. i . 1ri,
t) To employ, and pay for ut of the Trust, any and all +
i
taxes that may be assessed agai t or imposed upon the Co-Trustees
t
i.i
4,
or the Trust. aalt
u) The Co-Trustees shall i t be required to deduct from
° `. . income, any premium, or portion .hereof, paid in connection with ,
x b
the acquisition by the Co-Trust- s of any security or After tl >fr`y.
.•f
K. , ,t; investment, nor shall the Co-Try tees be required to m: ke additions +l 5
44 t
to income on account of the purr ,ase of any security at a discount
z
by the Co-Trustees, and the Co-T ustees shall have full power and
1 i.
' discretion to allocate to income or corpus, or to apportion ,g
'jSl between income and corpus, in ac h manner, as the Co-Trustees
x I.
ill
t
,.r o .y n. _, la
P
,
' ft ,i 1' 1100 RS, 120.1:1145 O1/22/F6 14:12 ^,33.00 8/011
a '1 t ucl9 MA../ AMA. FEl6RS'i[.AN CLERK 6 PECORJER W_iD CO, Co
't i ,ay ,,, , p-r, r money or other property t owed or disbursed
1
f
1 by ^ i ', u,t. , con,. -, fling the pto, r r allot. Rion or apportionment M i°
of l 'ri-:'n allure mar be any doubt. 3 .
F"oF {
! tteit, v) To accept contributions or other additions to the Trust
and to receive and administer as a part of the Trust any property
.xry i receive.) from any person.
l',!�:;,� , w) In addition to any other powers, immunities and privileges � '
&4+.7 ` heretofore granted to the Co-Trustees with respect to the investment i
'.'''-,t; of t*n Trust funds hereunder and any shares of stock in closely 1,
$ .$4 ' held corporations constituting a part of the Trust, the Co-Trustees
r . are expressly authorized and empowered to retain all or any part
;".f,2j
ql§ " t
�" ;n� of such trust for or during such time or times as they shall
determinz, in their sole discretion, without liability on their part,
" 4Y ,^ . becaus;r or the character or size of such investment and the hazard
mw .,
•'+'" to the Trust by such retention, and the Co-Trustees shall not be
r ,4 '
' ,•,,; accountable for, but shall be indemnified against, any liability
because of any depreciation or loss to such Trust funds which may
kp •'
s per; result through such retention for a period longer than would be
considered legal or prudent but for this exr ss authority.
41s ARTICLE VII ,`
* .�
! c ,P e4,; 11 Limitation of Powers r
d h
Notwithstanding any other provision o£ 'is Trust Agreement, a
a
' no power given to the Co-Trustees hereunder 7a11 be construed to
1
tat'` enable Settler or any of r person to purchs •, exchange, or ,1
6 i
°"` ,�• r otherwise deal with or d pose of the princi- -1 or income there-
" 4. 6 .*si"t
+` j fro•n for less than an ad: uate consideration. '.n money or money's
Y •: ‘,0„..
`yy
' ,4;,',k 'i ; worth; to permit Settlor r any other contra itor to the Trust to ,•1
:x;,' :,n' borrow income or principa . ; or to authorize "tans to Settlor or
` 9p
' any other contributor to he Trust except on the giving of ade- *+
t'i,
�' `''N''.' `', gusto interest charge and adequate security. No person other 1'
,, {y;.
than the Co-Trustees in their fiduciary cape- ity, shall have the
power to vote or direct t e voting of stock r other securities, 7,
', I a s.
kt4.
• to
1 4
,n'; rap i45 01/22/86 34:12 $33.00 9/011 $
vli 7 • <'J , FUERSTR IN CLERY & RECORDER WELD CO, CO
tr. . lei . ❑°Went or trust 'Funds either. by directing
, in•: it: '.. , , n'stments or be detoeiny proposed investm'e- ts }�t
T
or r' . ,tr,"'rts, or to permit any person to reacquire the Tr st 1 i` i. .1
corp . by .,u-. (,tituting other property of an equivale❑t value. 4
a 14- * -1 ,. Tli '2 Trustees shall not use the income or principal of the I 4. .
T' -,t to pay premiums of insurance on the life of the Settlor.
1
4..W ARTICLE VIII
1 ., Trustee
.. I hereby appoint JACK W. LACY and ROLLIN L. LACY, or the sur-
~ ' c' ir:- vivo of them, as the Co-Trustees of this Trust Agreement. In '0
s the event they both shall die, cease to serve, refuse to serve or
,l• fail to serve for any reason whatsoever or shall resign as such Co-
1? r.'. Trustees, then I appoint JOHN M. YEAGER, of Boulder, Colorado, as i
`
:1.4l r(e
r� the successor Trustee hereunder, and hereby direct that my Cc-
Y" Trustees a successor Trustee hereunder be permitted to qualify
' ` . and serve . such without giving bond or surety on bond in such try}}
4•'Iik Cnpar!, ty. `-
t
> ARTICLE IX
{ l
'I.., t sy !; General Provisions
4-..;1
u ct_icn 1. The trusts created under this Trust Agreement
n
® shall terminate no later than twenty-one (21) years after tho i •
rsj' i rL•ath of t} ^ last survivor of the Settlor and Settlor's bene- i °
Ai'.7.4. tv ficiaries Lereunder, living at the date of Settle s death. w';
t
Ala Thereupon, the property then held in trust shall. discharged of , ''
"F
t�°• ,,$'s any trust rid shall immediately vest in and be di ributed to the ;
) c, '
w `j` r`'ts persons thin eligible to receive the income there -om. ''
t',0.! .c.,', '{ section 2. The interests of the beneficiar± I shall not be i" `X
�`' ,' A.yi subject to assignment, alienation, pledge, attaci nt- or the $" .i
}
claims of their creditors. This provision shall t prevent the I i}, {
„ p: !
o exercise of, or transfer pursuant to the exercise ,f, any right
r of disclaimer or power • '
oof appointment granted in `Iis Trust f i :
Agreement or under any rule of law. ,i
i'144.'"•.'.
bt.-i 't 4,
�' 'i .
fat 4
. 71 rt.. =7f 1' "l?"r
1=
B I Cn s ' 020401 01/22/86 11:12 $33.00 .0/011 4 ,4]l'
F 0 11 t" `'Y ANN F' "ERSTEIN CLERK i RECORDER WELD 0, CO ;, ".•-
t
,- ic,i_3. The val• ' ty of this Trust Agreement shall be `!A
t '!.t the law; "f the Sta`.e or Colorado. Quer '.ions of i
r4 $
e_fnct:uttifl:: and administration of this Trust Agreement e 'all be i=
f
r ,_v determ,ned under the laws of the State cc Colorado.
:`` 1 ction 4. The Co-Trtstees shall report at least annually n�""' .
. ',g,:,1
j:.' to the Settlor. and to the 5eneficiaries eligible to receive the .
i t
t5;:7 nurront income, all the re-eipts, disbursements and distributions
:: ta'Y
during the reporting peric ', and assets then held as the princi- ri'L•,'t pal of the Trust. The records of the Trust shall be open at all 4ilt.
;:; ';') -
i,(1 1.74.41t tease, able times to the inspection of the beneficiaries and their
At i
' y appointed representatives. i -'
cction 5. Any corpo*ate fiduciary succeeding to the TrustIF. I
Si
'r, business of the Co-Trustee; shall become the successor Trustee �..
" ' s
44 ', f ..-• under this Trust Agreement, with like powers, duties and oblige- 9.ift
} P
} 'Af r %„t' IY
a• , t1Cn5.
" *.* . 1H WITNESS WHEREOF, the parties hereto have executed thisL.
' i5r "I Trust Agreement .on the day and year first above written. ' '
SETTLOR:
.
� i
Y.la TA LA Y F,IX i { ,
i h
- sr,
r= CO-TRUSTEES:
1 �
A.
i
C� \ = t N
',wap .,Y --d1 CK W.'LAC YY = r+
i 7c evP.:.N,
, t@.
4,h 1 ', ROLIN L. LACY•
4,t'r "t ;4;'''
i
J } A,,
•
i` rk
,qtr :
i
3.
r •'••5''sY -10- ; 7
iF Wit- T' " ra IT �q ..
i ' ,040145 r. +2/86 14:12 °13.1 11/01 '
0': 'NN FEUEP'. IN CLERK & RECORL C:R 4i.-T.D CO, C )
SC r• VLF "A_ - � J,
•
Tryst Prop__rt}
r, # h y .,f
`
i
ldr.Stt t x.
_ � Tn: ,G, ' LACY and ROLLIN J . LACY, Co-Trustees, under Trust
t 4A 4� ` A- ,rient dated on S -pbember 5 1nA5: s
s
t Rt
V a9 -.J bjSCRII' ION CRi!"T ASSETS
t.
e "�
'`
. ;,..'&;..-:: ij3RL. IN'14;R IN AND TO THE FOLLOWING: �
.rB
'tr- ", t . All ,'h r• :no and savings ac'tounts, cer-
err S �°' trfIca+ ; of deposit
R . s •,
r .,
J. All oto( s and bonds
r 1
`' ; 1' 3 : Re.I Es' 'Lc, as follows:
1 r t ` 'TM ' a) BO' .DER COUNTY, COLORADO
+f,-r11
Lc-. 4, Block 1, SILVER MAPLE VILLAGE,
A 'esubdivision of Lots 13, 14, 15
p, ant 16, Jos. Wolff's Subdivision,
s Ye;k gb`'j ac.-ordimt to the recorded plat thereo' •
( r] Coanty of Boulder, State of Colorado
a ' b) WEI D COUNTY, COLORADO
Aa .., �
TiF Southeast Quarter (SE1/4) of Sect in One (1) ,
Te -.+nshio One (1) North, Range Sixty-E Nit (68) i.
' West of the 6th P.M. , and
r' •
f• l. ,- ,; ;( � _ ire North Half (Nl/2) and the Southea: : 'Quarter
�' 1 i�� (: E1/4) o` Sec-ion Twenty-One (21) , Tr mship
'
9 0-e (1) North, Range Sixty-Eight (681 'est of
,( 'r-' - i t e 6th P.M.
� i
• {ii:, 1
Y9. '
.
4 f 1
f ,
.1•'•
+, I
F `.�,.:I,�° 1
Y '
g1
f
r t
SETTLOR: '� +
► ' / 7 _1 }
= ,...A.,6,......,„."...,_.. - RETA LACY HIX I y,
The urdersigned hereby acknowledge the receipt of the assets )
-shove described.
,-;:4 CO-TRUSTEES: n,
/1/4 ,lrr — `"" ) _
.;ate W LACY
; . r.
III ,I7 ll•
5 1
t 4H2OJbJ7b n 1'Ivt. MEC uiuJ6376 12/19/65 09128 83.00 1/001 !'
CO
F 0058 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO,
k t _..
y« . I " 0 , 4R204U146 jIITCLAIN1DEED Il
1 # 2 ''. i •
tie g i., . ._ ILIS Lisa. , , d;, ' h day December . , 25 i i' ,
I ti between l.$
)f
o- -; If *. CHARLES A. HURTH, JR. , TRUSTEE 1
gt. •i v!' ` of the •ciwmy of Boulder ad toe d i `
'4 ' I I I !. Col.nado.grantrMrp.and JACK WILLIAM LACY, as to an undivided J tJ
')u j',. M I me-third interest, R0LLIN LUYII) IAC?, as to an udi
•`� - u 1 !: — one-third interest, and JACK WIId1AM LACY and RJILIN
I U LP f1,r-f, CO-TFUST FS, as to an undivided me-third
I M arms,ii NI „t �is 59 rr, �ol CCorrtoraA0 80302 t . '
ouQde 1
�. �({i '� _fax Umtata Boulder .rid slow of Cdsradn.graaemq.• •
i . N NTrNI-SSI.III.that the gr:nn.ado.kw and in consideration of the win of
Ii R ---NO CONSIDERATION DOUAI'1
�i t S the receipt ant.uftk,rimy M which nhnehy ac:mwkdgsd,ha s remised.released,sold.come.id and QUITCLVMED.and`'i 7" .
VI these pc.ent.&RS rem,c cleats,cei1.convey and QUIT CLAIM min the pfle(sk their heirs.acceasurs and quip:.
V A'r '. hover. all the right title. interest claim and demand which the samba;has in and b ' e teal property,together wr h p
' I improvements.If any.gluier.lying and being in the Comfy o Weld ad suet�f fj
I
Colonadn.de4'rlhed iv h llow.
'q� ° o The Southeast Quarter (SE1/4) of Section One (1) , Township
+' One (1) North, Range Sixty—Eight (68) West, - f the 6th P.M. 4 r
# a.
i
'fi) 4- and -
`r it
� 4.•-p
it L The North Half (Nl/2) and the Southeast Quarter (SEl/4) bL.i
Section Twenty-One (21) , Township One (1) North, Range
r . ' 9:. Sixty-Eight (68) West of the 6th P.M. 1 Ii
B
B 1100 REC 020401/6 01/22/86 14,12 63.0^ 1/001 122/1
A
^e . t.. 1 0 F 0713 MARY ANN FEUERSTEIN CLERK & RECORDER If3LD CO. CO
X
RRR
-. its I,.$ i
• Js ,
Iv s is �t
F A :c,
',....b. ;:•:,f.b also known In a nc'and numher as:
• a
P
I ((, TOO DANE AND TO MED the sane.mgether with all and singular die appurtenances and privileges dvnonb belonging a in
enywiw thcr om s appcnaining.and all Mc flute.right.Ode.Semi middies Wtalurnw.tithe eta tadli eider in lwraegiity.la 4
the only pngn um.benefit and heMvdof the gr.Mee(sltheir heir ad snipe Minn. I+
IN VOL NESS WHEREOF.The graam.Mus needed lhn deed pill thee dale set//,front abase. �J/ ///�.
I liVlWl(///.(/ny',Y//�f�AAS '/ x
CHARLES A. HURTH, Jr,
TRUSTEE
STATE OF COLORADO.
I n.
le
roomy of BOULDER 1
The foregoing instru.n ack
nowledged knowledged before me this 13th depot December .M 85. .' t r:
by CHARLEU A. HURTH, JR. , TRUSTEE `�
My commission op..•t April 18 .W 86.Wean my Nod mod Midi seal.
3
I I. �� S, NAGAI .t
CY
r M0Z a R y a fj
4 .
•s m Wnser,insert a try and.' ! I
J
4.1I':7. t ...
q . N. 113.Pa.MR. grim AIM arm gnaw,raisin Jro w M M d.e.Lan co w:t,—IWI:WNa le `i'
F
�a 1 I l
y • Ky
alk
; , {rye ✓¢ J 'y.N .f'.Fe Lc. //Nf'&:. .�
"+ Ea 1 !c0 it: • 02040139 01/22 16 14:05 $3.00 1/001
i o€ ., la*- r ANN nEDERSTEI" LERl1 i RECCiiDER WELD CO, CO
,
• .. UC.. ._ DUntnlory FM
'( WARRANTY DEED rate An-X4
$ it
JACK ''Lt1AM LACY, Thr the consideratic of Sixty One Thousand Six
Hundred tii,ti-six and 66/1 9 Dollars ($61,666.1 ), in hand pail, hereby sells
or'd conveys co SWINK FAMILt FARMS, LTD., a Color do limited partnership, as to
an undivided 73% interest, and Esther Swink as 'ersonal representative of the
Estate of Walter Swink, deceased, as to an undivided 271 interest, the
n following real property in the County of Well and the State of Colorado
to-wit:
J an undivided one-third interest in the East Half
:; of Section 21, Township 1 North, Rang" 68 West of the 6th
P.M. , Weld County, Colorado,
with all its appurtenances and warrants title to the same, subject to general
taxes for 1986, which have been ',portioned hetween the parties, and all
existing roads, highways, ditches, utilities, reservoirs, canals, pipelines,
power, telephone or water lines, railroads and rights of way and easements.
Dated this ' H day of 1--.7)._,,..., . 1986.
.c STATE OF COLORADO
SS
COUNTY OF BOULDER
The foregoing instrument was acknowledged before me in the Count • of
Boulder, State of Colorado this 15"&- day of January, 1986, by Jack WI liam
Lacy.
WITI'ESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: _ia Pit, i4, 1`/k7
ha x' it'lit mitt
fd�/ jci hl, MUfART PUBLIC 4kc,Aix
[SEAL] /'o./CCit, ' (2c/cradl ,ye;-?c' -
t`.; ' ft
r
f" , rt •
t°.1.'41/�
Tf:, Lit
0
cot°`
11th
J
, 1 "o RFC 0204014 01/22/86 14: 05 $1.00 1/001
x: t 0;,. r-vi MARY ANN FE"ERSTEIE CLERK 6 RECORDER WELD CO, CO
State Dneurrte eery Fee
WARRP ITY DEED Dot...L'.47:1'lt—
ROLIIN LLO D LACY, for the consideration of Sixty One Thousand Six
Hundred SiKty-six and 67/100 Dollars ($61,666.67), in hand paid, hereby sells
- and conveys to SWINE FAMILY FARMS, LTP., a Colorado limited partnership. as to
an undivided 73" interest, and Esther Swink as personal representative of the
i Estate of Walter Swink, deceased, as to an undivided 27% interest, the
following real property in the Courty of Weld and the State of Colorado
to-wit:
4- an undivided one-thiro interest in the East Half
of Section 21, Township 1 North, Range 68 West of the 6th
'.M. , Weld County, Colorado,
with all its appurtenances and warrants title to the same, subject to general
taxes for :996, which have been a^portioned between the parties. and all
existing roads, highways, ditches, utilities. reservoirs, canals, pipelines.
power, telephone or water lines. railroads and rights of way and easements.
Dated this q ' day of 10.nuaRy . 1986.
Sem..," i
Rolli Loyd Lacy o
STATE OF MINNESOTA )
) SS
;, COUNTY OF }kEnriepin )
s
The foregoing instrument was acknowl dged befor • me in the County of
-knee in , State of Minnesota this day of J-nuary, 1986, by Rollin
. Lloyd lacy.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: 4-Q-A1
fl ARtl iG
[SEAL]
Dt
CYNTHIA K. HARRER
t yie•o ff remit,usucati ese"
11[IIwO1N tbI1NTr
n,uuw„rnw„IMICS APR. 11. I7N
I
L.
TM,
lil
( 1y ; ' .
B 1.lot. I 02640141 )1/22/'36 14,09 I ill
i1i.00• /002
. F 16;t 1 4.),:, FEUER 3TEIN CLERIC & RECORDER WELD )• CO (�
—1
'ate Locumerit ry lee• I,41 WARRANTY DEE'` • N /:,..:.ate
ARcJut �_ tb. /7• ..-
JACK WILLIAM LAC and RC _LIN LLDYO LACY, co-trustees of t ≥ Reta Lacy Hix
Trust dated Soo`enber 5, 1985.. for the consiceration of Sixty t •e Thousand Six
, Hundred Sixty•six am:- 67/100 Dollars (S61,616.67), in hand pc 4, hereby sell
and convey to sWINK AMILY FARMS, LTD. , a Colorado limited pa tnership, as to
an undivided 73t interest, and Esther Swink as personal repre ntative of the
Estate of Walter Sink, deceased, as to an undivided 27` interest, the
following real property in the County of Weld and the St> te of Colorado
. to-wit:
an undivided one-third interest in the East Hail
of Section 21, Township 1 North, 'ange 68 West of t' , 6th
P.M. , Weld County, Colorado,
with all its appurtenances and warra,rt title to the same, su' Ject to general
taxes for 1986, which have been apportioted between the p+rties, and all
existing roads, highways, ditches, utiliti s, reservoirs, canals, pipelines,
power, telephone or water lines, railroat'. and rights of way and easements.
x( 1 1, Date: 1-IS-sc
1f 7aaay WI am Lacy, co-tru tee of the
Reta Lacy Hix Trust
§, Dated September 5, 1985
,-ee;..., off' Date: a9•$4
Rol in Lloyd L cy, co-ttrastee of the
Reta Lacy Hix Trust
Dated September 5, 1985
STATE OF COLORADO )
) 55
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me in the County of
Lacy,Boulder, State
co-trusteelof dthe this
RetaTacy Hix Trustu dated 9SeptemberJack
5,+11985.
I WITNESS MY HAND AND OFFICIAL SEAL.i MY COMMISSION EXPIRES: "7:.fu'•, 01„5 /
, t. ilk/ . [t i:ItztI f iNftT/I,n/,t. /$s/D� xn(10T T C{I cv "iDr1
[SEAS] o /,�1G4/l/ /, l
; O.&DI ` '
--,,m, r'
pp
W
-
. !, . t ' o rt.. c2U2u141 O1/22/" . 11.0! $6.00 2/002
F O 1 AARY ANN FEUERETEIN CL.3RK i RECORDER MELD CO, CO
STATE OF MINNE"9TA I
SS
COUNTY OF fle(?"t 'ii)
of
�iThhe f{o�regolStat instrument
Minnesota, cthls 4th day o before f Jar ry•ir :he County
by
Rollin Lloyd Lacy, as co-trustee of the Retal.acy Nix Trust da' ' September 5,
1985.
WITNESS M? HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: q-Q -4t
Qt(lthlti` rng V
[SEAL]
crnRHIA K Hr En
'�' MIOO,I,t'tIKe!w1 N/h
N CNNV PiN C': CV
rr cot Wfl'UO anuaa A -. H91
l
I
9
-2-
„ t ; 122 REC 02063290 08/01/86 11:33 53.‘c 1/001
lr.
' u ,I �• F' 0636 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO 1 r t
PERSONA!. REPRESENTATIVE'S DEED y ydt}y
t. PYY,`h 12T1 I ll.le.c I:.t.iei
VC.e 5� gy�ge.
a�
fins OI 1 u l : Esther Swink __- .-1,,,: < r
' t 1 ...n al RRcor vvnl i e al the Laate ill
' Walter hllo n at+itac a/k/a"Y�alter A. swim( ' - y
�c_ deceased.Grantor.
to/tattietrt ric wins -Sylvia Rnsallee_ sailor and : ,;:,,t1:-."1:-t
° x� Ay .' Alvin Walter Swink, Trustees of the SwitJf„A,tee,
',^�: 1 2510_West_144tb_Avonuo
,A .t .. Nh a I+`L 1 address�+I♦
.F ,'r; Broomfield, Colorado_BUD20--
xf,` _
v `p�` t IC' f'. \\IILRP.4\ the abo ve n tin J decedtm in his Iiktinle male and executed fin ' , 4✓
e r + 4,r l ant Will and estament dated . March_ 5_— 19_1t •which Will L _ _
' k; 9 was duly admitted to neon,Iintnnnalt probate on_OStober 17 .I
r iyb +' r 83 District __Conn in and for the Ctwnty it r
in by the - �,.
,(41;.4,1,..:) ill _ Adams - _ .:red State of Colorado.Pmbale No. li3PR311_ _ : £
fdJ .xh.
}� 7 Will'.K I-\\.Grantor \:P duly .,boll lllhd Personal Representative of said Estate on DC tO1>Pr 17. 19e i,
ic` #A pp NW___.. 'Ind is now qualified and acting in said capacity. I '
f ' A •.:. I •'
1 T;;'; NOW. 1111 t I-OR( pursuant to the powers conferted upon Grantor by the Colorado Probate Ca' Grantor does i+
hereby sell. mvcy, assign irandir and set riser unto Grantee NXJ611%i0101Cfi':i1dKY1tlCWX'gildfdt OmlmCMM "S •
, .,yp� 0a1MK* (As the person entitled to distribution of the �,I
'I'
, �. . ..
4�^'1f Sfr, I!. properly in die
ah.
<c captu recd Willi'the Gdhwing described real pnrPeny situate in IM' - County of
a ,4 _-.. - -._ ___._.State of Colorado: E 2 of Section 21 , ? •III
r xl +
� � O I !
N,I, An undivided 27% interest in the /
,a,, Township 1 North, Range 68 West, 6th P.M. I i.
p
'1 *Family Trust created under the Will of Walter A. Swink dated 11
L n'',, ,v-.} March 15, 1974 it
4 . ` 4414 1.A,14J,1J 1 AtAJtidI/ II .
pp
,e;44 . ,',:'
1f4 tl /,
11:
+ , 1, With all I puncn:mn•..subject to nnenants,casements and restrictions of record.and subject to general emptily taxes I•I
; ' , . to the)car 19 86- •and subtiel to I'
a .
t
ii
1 n.I
tS !j
ni' ,„ As used herein the singular includes the plural and the masculine gender the fcminine and neuter genders cosiest t
• ., + man require. F
e
1 •
:VII'' Executed._._ __7une_3.—_. 19_E6—. } 1
as Ftnlnal Peprcsematrve of the '
la 4tistti+':a '- Walter Allen Swink a/k/a r
ljt,,x Eaateo(Watter A. Swink a/k/a Ratter• 1
Swink. Deceit ed n STAl E OF COL(IR.V�.y) 1 n
•° k.t_x - ('OUNTY OF__Ua.as`.f.(� „.
'• r.,-4..‘1:14 ` TIW JoFgonc instrument was acknowledged before me in theC �: • a
. 1,•:,1,t,',. S..' of_, Jv119cSA Slate of Colorado.this AO�•day of (Pistil .19 gC-.
•.y by Est er S++inkajzatik F Repleselnauve of the Estate
,al : ,leper Allen ink alk7a ter se
• Y4 l Witness my hand and official seal.
x w My GWR eitPires' _ /D/.�/4e�. J� /n(
fi ir t. 1 ;', N. /((( I+SsiIti /1'VJ0 �_ II t { �
•i:/•1111 ..Smoke 301 4wd • _ .n6a,., co fon/�.—
0► EC r s+ 1+...,
� . t 1'IYA.�,..(I M. NM ^N RI1a1M\T\IIN 'ill„4a.,., ba.nnN "ww 11n.d In+:n �•
4Y.;:,11
.
• '.1,11 It, ,,.i}.2 ,
' �� FRAME
I DEED OF DEDICATION 0679
KNOW ALL KEN BY TENSE PRESENTS that SWINK FAMILY FARMS, LTD. ,
A COLORADO LIMITED PARTNERSHIP, AS TO 73t INTEREST AND ESTHER IV,
SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES OF THE u 2
SWINK FAMILY TRUST CREATED UNDER THE WILL OF WALTER A. SWINK DATED n u,
MARCH 15, 1974, C/O ESTHER SWINK, of 2510 West 144th Avenue, SQ m
Broomfield, Colorado, being all of the owners of the following w
dei�cribed property in Weld County, Colorado, to-wit: 4 T.
8 u
(Scot attaches Exhibit A) 7
J
4a
do hereby dedicate forever said property as a public highwv pursuant to Colorado Revised Statute 43-2-201(1) , free and clear Fe
all liens and encumbrances and warrants to title to the same. N
SW:14K FAMILY FARMS, LTD., A COLORADO LIMITED PARTNERSHIP 2
BY la
E- ..2,, (Tu,.. - 2 -a
ES:. R SWINK, TRUSTEE OF THE SWINK FAMILY TRUST "'
4 4
SYLV A ROSALEE SAUER, TRUSTEE OF THE SWINK FAMILY TRUST r
ALVIN WALTER SWI r K, TRUSTEE OF THE SWINK FAMILY TRUST
P
8
STATE OF COLORADO )
)o. X
COUNTY OF ,WCs EAR-0,1
The foregoing instrument was acknowledged before me this 211):1-lay of
Mar , 1996, by Es4uc,. Swink of Swin Family
Fa-ms, 'Ltd. , a Colorado Limited Partnership.
Witness my hand and official seal.
�pi rt
, N a Public
My commission expires: ..c',.>.-'.,.•. a,�.`.-\
Uni
•• "': mission ertes July 28, 1999 I WHFt!i t
• •
?AME F
� 19 STATE OF COLORADO )
.a.
COVNTY OF)i6'f:D )
U.
oing instrument was acknowledged before me this „}� day of
N1 1996, by Esther Swink, Trustee of the Swink
4/
( i1'itnes, my hand and official seal. �� ), 'I. J
' Nom` '' _ LLIKIG
Off 6, ota eick fission expires:
Commission r r:4,9s July 28, 1999
STATE OF COLORADO )
)aa.
of Isatr iOuyTL)-
oing instrument was acknowledged before me this .2Y'day of
, 1996, by Sylvia Rosalee Sauer, Trustee of the
( M P ily Trust.
i !
! WFf-!1@F it as my hand and official seal.
�.fLIF �� v�{'` l
NN tar'y Pu' is
My commission expires: 7.!y Com.rnission lakes July 28 1999
STATE OF COLORADO )
)a..
COUNTY OF wittr&wflZ.)
The oregoing instrument was acknowledged before me this ,2CL(,,day of
1996, by Alvin Walter Swink, Txastee of the Swink
Family Trust.
Witness my hand and official seal. 0 (i(l /I , �e��
��)U
otary Pub_ic
My commission expires:
My Commist xi expires July 28, 1999
Pt
f;01
1
r.a
if
2502152 w-1557 P-674 07/22/96 04:03P PO 2 OF 8
' RAME F
0680 ACCEPTANCE
The County of Weld, a body corporate and politic of the State
of Colorado, by and through its Board of County Commissioners,
hereby accepts the above dedication of property as a public highway
pursuant to Colorado Revised Statute 43-2-201(1) (a) .
e. ed this et day cf , 1996.
• ` CODWTT OF WILD, A BODY
• CORPORATE Aro POLITIC OF TEE
STATE OF COLORADO
41 .
•
y Clerk tq _ard Berber J. R Count,
air, ,boar OVA/q4
of Count, Commissioners of
the County of Weld
STATE OP COLORADO
)ss.
COUNTY OF WELD
The foregoing instrunent was acknowledged before me this
d ___day of _ �n1� 1996 , by
_ 1, cfialr, Board of- ommissioners
of the County of Weld. `,,O��I�Y_,.Oa`
Witness my hand and official seal. f -
Not
My commission expires: `ti OFM. '���
WELDCNTY\CNTYAGT2.SWK
?502152 8-1557 P-674 07/: '36 04:03P PG 3 OF 8
IE FRAI
AGREEMENT 06 ,
CONCERNING IMPROVEMENTS TO COUNTY ROAD S7 EETNEnN SWINE FAMILY
FARMS, LTD., A COLORADO LIMITED PARTNERSHIP, AS TO 73% INTEREST AND
ESTHER SKINT, SYLVIA ROSALES SAVER AND ALVIN WALTER SKINK, TRUSTEES
OF TEE SWINE. FAMILY TRUST AND MELD COUNTY, COLORADO
THIS ArREEMENT is made this cgt day of 1996 by
and between Swink Family Farms, Ltd. , a olo o Limited
Partnership, as to 73% interest and Esther Swink, Sylvia Rosalee
Sauer and Alvin Walter Swink, Trustees of the Swink Family Trust
created under the will of Walter A. Swink dated March 15, 1974„
whose address is c/o Esther Swink, 2510 West 144th Avenue,
Broomfield, Colorado, hereinafter referred to as "Owners, " and the
County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners,
hereinafter referred to as "County. "
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve
County Road 7, which is Weld County Project No.95020, and
WHEREAS, Owners own the following described property:
(S.ae attached Exhibit A) , and
WHEREAS, County needs additional right-of-way in der to
complete the said project, and
WHEREAS, Owners wish to cooperate with County in a id road
improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to sell and County agrees to purc'.,ase the
right-of-way shown and/or described on Exhibit A,
attached hereto and hereinafter referred to herein as the
"Right-of-Way" for the sum of TNN and 00/100'■ DOLLARS
($10.00) .
2. Owners agree to grant the Right-of-Way to County by Deed
of Dedication, in the form attached hereto as Ex) ibit B,
free and clear of all encumbrances.
3 . County agrees to pay the costs of title insurance and
recording fees, if necessary as determined by County.
4. The parties hereby agree that neither has :wade or
authorized any agreement with respect to the subject
matter of this instrument other than expressly set forth
herein, and no oral representation, promise,or
consideration different form the terms herein contained
shall be binding on either party, or its agents or
employees, hereto. This Agreement embodies all
2502152 B-1557 P-674 07/22/96 04:03P PG 4 OF 8
- 1
A M E FI
agreements tt' tween the parties hereto and there are no
6 8 2 promises, terms, conditions, or obligations referring to
the subject matter whereof other than as contained
herein.
5. Although the date of the transfer of the Right-of-Way
shall be the date of the delivery of the deed, it is
expressly agreed by the parties lereto that upon
execution of this Agreement by County and Owners, County,
its contractors, agents, employees, and all others deemed
necessary by County shall have the irrevocable right to
possess and use all of the Right-of-way for the purpose
of construction, widening, and improve^nent of a portion
of said County Road 19.
6. Owner warrants that he/she is the owner of the Right-of-
Way and will defend title thereto against all claims.
7. General taxes for the year 1995 for the Right-of-Way
shall be apportioned to the date of delivery of the deed
based on the most recent levy and the most recent
assessment. Owner represent and warrants that all
general taxes levied prior to such year have been paid in
full by owner.
8. County agrees to :ompensate Owner for any loss or damage
to existing crops currently located on Owner's property
that is caused as a direct result of the road
construction contemplated herein.
IT IS MUTUALLY AGREED that the terms and conditions of this
Agreement shall extend to and be binding upon the heirs, executors,
administrators, successors,and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the parties have set their hands on the
day and year first above written.
OWNER:
SWINE FAMILY MOMS, LTD., A COLORADO LIMITED PARTNERSHIP, AS TO 73%
INTEREST AND ESTHER SWINE, SYLVIA ROSALEE SAM AND ALVIN WALTER
SWINE, TRUSTEES OF THE SWINE FAMILY TRUST Qy�
SWINK WILY FARMS LTD. e5 T'/el
BY: Cran ya_. _i r.Anee TAX ID# (if applicable) :
ESTHER SWINK,TRU EE OF SWINK FAMILY TRUST
2502152 8-1557 P-674 07/22/96 04:03P PG 5 OF 8
• 0
F FRAI
a .: .�, :.�° . a.u..tj 061
SYL A ROSALE SAUFF , TRUSTEE OF SWINK FAMILY TRUST
Ste: il id:40;A
ALVIN WALTER SWINK, TRUSTEE OF SWINK FAMILY TRUST
ATTEST: ` k1/41,‘")_-___. _
� EelliCtt
tse COMM STONERS OF WELD COUNTY, STATE OF COLORADO
CLF 1'f$ ARD BOARD OF COUNT( COMAISSIO'ERS
COI IOj WELD CQUNTy, COLORADO
B\ BY
uty Clerk to t B and Bar ara J. Kirkmeyar Chai b..&h4
?502152 6-1557 P-674 07/22/96 04:03P PG 6 OF 8
n -- ___I .. 7-111111111111111.11=17-
ME FR
AGREEMENT
CONCERNING PAYMENTS UNDER THE TERN OF THE AGREIMEIIT BETWEEN O
SWINK F tMILY FARMS, LTD.,A COLORADO UNWED PARTNERSHIP, EITHER SWINK,
SYLVIA r"OSALEE SAUEI AND ALVIN WALTER SWINK, TRUSTIES OF Tilt SWIM'
FAMILY ` RUST, Owner MI, AND WELD COUNTY, COLORADO, DATED ny en ,
1996.
Under the terms of the above referenced Agreement, It is the obligation of Owner
is)to convey clear title to the subject property being conveyed from Owner ts)tc
County. Payment of any negotiated amounts may require the release of claims of
encumbrances of record, i.e., Deeds of Trust, liens, etc., affecting the property.
Typically, prior to payment by County to Owner(s),these releases are obtained bq
the County or Closing Agents for the County. In certain cases,this process can takk
several rtonths or longer depending on the lien holders response.
In efforts to provide prompt payment to Owner (s), the County provides the
following choices to Owner Is)regarding payment.Please check one box and,In the
space provided, provide any loan and or lender Information that may be helpful
In obtaining the appropriate releases.
Xc
Simultaneously with tender of payment by County, Owner Is) or Closing
pang shall deliver fully executed partial releases of any applicable Deeds of
Trust, liens, or encumbrances.
II Payment by County to Owner 15) under the terms of the above referenced
Agreement shall be prompt with the obligation of the Owner Is) to cooperate in
any effort by the County to obtain fully executed partial releases of any applicable
Deeds of Trust, liens, or encumbrances. Should any amounts need to be paid to
reduce the princlpri of these Deeds of Trust, liens, or encumbrances, Owner shall
promptly pay same to the appropriate lien holder.
41h4/0) .471 .5,4. ...X.
TNESS r SWINK FAMILY FARMS,J LTD.
t Y PL' ! �4q. /.ui -.14,
� "'"" EST EH R SWINK,TRUSTEE
j LORI / ``�ee l
WHELLER SYL ROSICLEl UE
�t L1Li! y 28 1999 ALVIN WALTER SWINK,TRUSTEE
My
ENCUMBRANCE INFORMATION
NAME OF LENDER ACCT II. ADDRESS &PHONE /
WELDCNTY\SWINK.PMT
2502152 8-1557 P-674 07/22/95 04:03P PG 7 OF 8
i I I
Mr EXHIBIT "A" F
85 nunnuancianit DF
A pima of lied bolos part of duo NmMrt Vaaatr (MOM of (21),
Tnwrllp Or Nor* 1T.1N.).laap Man*WM (l.d1W.)of dr Mail ►•W4M
t''ttu (A► P.M.).Cooly d Wdd. /tomo of Calsob rd Men S ps0adorly
r^ctbd s Sow.:
r INNING s Pa Beaks Czar aosasa a froYr ISfl&I unt.maim. IS
r alho rho last lta of odd NRL4 a bus Mai or.OIro1•`a with oil its Help
r Soloed Ionia *chive daeo:
r: TNRNCR SuS oo•oror 4n also S the the of odd NRIN a d0trao of
7N.74 that,
et: THENCE lout N•S0.WWmot it Sae dN.00ba a a pow ea dr oath;
Weasly RIOYhORWq CROW) IS.dWdd Cray Rand (Wa)110. UM paw
loan tN TRUE POINT OF ISCOM NOs
II: Mae Sass 00•01'01•tra den mold slay Wordy ROW IS a dltramo of
40a.N At
t: TRENCH Nato 0010'44•War a lain of Mil Aa:
5 at THENCE Nsdt 00.00'00•Wee a dram of 94.55 Ant;
AC THENCE North Ir3VOPlla a Ss of NIA halm M TOUR Vt"Of
RNINNNG.
Skid drerat4 peal of searlmo '1,5340*as Foot ass or Si(t)(0.3S; no.
IRESTOMUli
I.Chris R.low,a Cdse'a RgSotad holbool h Idea•svgs do balky t'. r Si
ii Prnprry Orrrlpdos 5"r .eN sir ypraW aga.Mr owl Si a a -a ra d
enraa a the but dry 0rowAdOa, wlamoodr, MIId,W a ary prollialoralr 'Mr.
Ceara S.lean
Colsdo RgYtaed Profs
Lad Surreys WOW
KONG 0UIIMoR'BNC..
I300 W.Si less. lake C
Winos,Colorado now
(970)61145011
rajas N.adtwt SOS
254)2152 13-1557 P-674 07/2.2/96 04:03P PG 8 OP 8
• •
WARRANTY DEED
JACK WILLIAM LACY, for the consideration of Sixty One Thousand Six
Hundred Sixty-six and 66/100 Dollars ($61,666.66); in hand paid, hereby sells
and conveys to SWINK FAMILY FARMS, LTD. , a Colorado limited partnership, as to,
an undivided 73% interest, and Esther Swink as personal representative of the
Estate of Walter Swink, deceased, as to an undivided 27% interest, the
following real property in the County of Weld and the State of Colorado
to-wit:
3z° �,e 1
an undivided one-third interest in the east &a1$
of Section 21, Township 1 North, Range 68 West of the 6th
P.M. , Weld County, Colorado,
with all its appurtenances and warrants title to the same, subject to general
taxes for 1986, which have been apportioned between the parties, and all
existing roads, highways, ditches, utilities, reservoirs, canals, pipelines,
power, telephone or water lines, railroads and rights of way and easements.
Dated this 15 day of C1_�� , 1986.
11.1
ac
ac am acy
STATE OF COLORADO
SS
COUNTY OF BOULDER
The foregoing instrument was acknowledged before me in the County of
Boulder, State of Colorado this Pik day of January, 1986, by Jack William
Lacy.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: -_ri,,c,. /.4 1q67
/r4i/L /7- •`C/Sint Z�
/6'41/27, ,)L NUTARY PUBLIC .6 ki /cy-:
[SEAL] L°oK/6LL ., ' lc'tc'>aCi s�
s
z • __
v1 day et t o'clock_a.
Recorded the
Reception A Recorder By
QUIT CLAIM DEED u
THIS DEED, Nede this day o4 [
between `
SWINK PARTLY PARRS, LTD. I112THD L PARTNERSHIP AS TO AN I f
UNDIVIDID 73% INTEREST AND ESTEEM SW)]R, SYLVIA ROSALES SAUER, ALVIN
WALTER SWINE, TRUSTEES OF THE SWINE FAMILY TRUST CREATED UNDER TEE :
WILL OF WALTER A. SWINE DATED =SCE 15, 1974 AS TO AN UNDIVIDED 27% 1i
INTEREST
arontor, for the coneideeation of ewe TN DOLLARS At OTHER GOCO NIP VALIWRL! CONSIOSRATION "r' in hand paid,
horohy sot La and quitclaims to
SWINE FAMILY FARMS, LTD, A COLORADO LIMITED PARTNERSHIP AS TO AN ls,
UNDIVIDED 73% INTEREST AND SSTHSR SWINE, SYLVIA ROSALES SAUNA, ALVIN r
WALTER SWIM, TRUSTEES OF TIM SWINE FAMILY TRUST CREATED UNDER TEE
WILL OP WALTER A. SWINE DATED MARCH 15, 1974 AS TO AN UNDIVIDED 27%
INTEREST
Or ea! run eddroee is
C7.' of , County of WELD , crate of Colorado , this fallowing
/Eel property in the County of WILD and state of Colorado, to wit:
THE W 1/2 OF SE 1/4 OP SECTION 21, TOWNSHIP 1 NORTH. RANGE 68 WEST ,
' OP THE STE P. , COUNTY OF WIELD, ETATS OP COLORADO N,
illi
oleo tnown as street and motor VACANT LAND ii
TOGETHER with all its appurtenances.
The singular teeter shall include the plural, the plural the oinSuler, and the we of any gondor shall
be applicable to all grWore, Signed at of the day and year first above written.
SWINE FAMILY FARMS, LTD., A COLORADO SWIIA ROSALBk SAUER. TRUSTEE art
iiyITHD PARTNERSHIP 9 / t
y P G"�9R JtG�C[ r �7 j14 o I.I/�i.,5'� �'(/Cj /iLIR,T.C.('
�ESTHER SWING, TRUSTEE AR ` .�� ALVIN WALTER SWINE, TRUSTEE **
wiliESEE SP7RIIC FA 1,41.72 =AM !Z DFA TEE 'CL OF WRIThER A. SWD1I( MATED MARCH 15 Ir
I;!
State 6 Colorado 1 ',
CD.
County of WELD 1 ,ZG}.1,.-‘ cr—The foregoing inetrumant was aoknowlod9ad before cm this day of
by A6 OF OF SWINE FAMILY FARMS.
LTD.. A COLORADO LIMITED PARTNERSMIP AID ESTHER SWINE. SYLVIA
iy RORAL88 UER, ALAN WALTER SWI C TRTTSTERB OF TEE SWINE PARTLY T CREASED
lNLIEYN ilEA'Nall, Oir y A,. SW12� 15, 1974. r� ( 'e
witn0aa scion hand end official seal. �,` \ '1$.(: .D$$$\x----V'j-�^
my ;MOM oNpi roe tar"f'_
Notary Public
When recorded return to: JANET CAPRA
•
Form No. OCO (quit Claie DeSt - 21971 FC200751 PC208751
• •
1«
r
r ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF (,_ t)1(aketO
'-17-et;
Z ,Li_ 1 ��,Y } ss. Capacity Claimed by Signer:
COUNTY OF � B'C�?1 �[.'�'
Individuals)
On 1 1' 2()• 060 before me,the undersigned,a Notary Public in and for said State
D Corporate Officer(s)
personally appeared 5 1 v l a-' � }�" ``fit 1, �'
Neme(s)of Signals) Titlels)
❑ Personally known to me OR yi proved to me on the basis of satisfactory evidence0 Partner(s)
-5-�=.'- to be the person(s)whose name(s)is/are subscribed ❑ Attorney-in-Fact"' M�. �f" f ' to the within instrument and acknowledged to me that t1 i
°" , Y J,•.' - 1 'I.Trustee(s) ...Pal r nu,��•.YI.(.p -
_ �•,,.•••" •.- ,;- .;�, he/she/they executed the same in his/her/their
.; -I authorized capacity(ies), and that by his/her/their. O Guardian/Conservator
;C ! signatures) on the instrument the person(s), or the
r1 eA entity upon behalf of which the person(s) acted, O Other:
t..• yr,?;li:1tLC.L executed the instrument.
• f,Y
t• r'
Wi e s my hand and official seal. • Signer is Representing:
`�•„••'_,'-".•ii•.._ ..:57 LC v Name of person(s)or Entity(ies)""S:z.zza.,,,,p- , liak I X'�t +/ISiignature of Notary
(This area for official notarial sell } • Lo 0 L:- `r'h e e,l eiar
WIa.,.-r•i z..M:i..- ,. - Name(Typed or Printed)
ATTENTION NOTARY: Although the information requested below is optional,it could prevent fraudulent attachment oft is certificate to another document.
THIS CERTIFICATE Title or Type of Document Q �i��
Cu �� Ctcu�n D � uwln5 i Nay
MUST BE ATTACHED 1 Date of Document l)'02-1 •i2W()
TO THE DOCUMENT Number of Pages n� ��! � p
DESCRIBED AT THE 11.1 v)% C c.WtrJa
RIGHT: Signerls)Other Than Named Above
SAV-191(5/93)
t
ov�ty e\a��\�g�eP
vie\- 3(10
tACti
9$
• CUSTOMER RECEIPT
_DL AMOUNT PAID:
DATE:
# DOCUMENTS:
f CHECK: _.2-1-)3',-a" CASH:
TYPE DOCUMENTS: REFUND:
p,,e0.14. 1is 091-7 7 J.A. "SUKI" TSUKAMOTO
t r-(;0'a ` WELD COUNTY CLERK & RECORDER
BY: ft\a._ )k- c r
• Deputy County Clerk&Recorder
Form No. OFFICE.OF l Ht 5I At t tn3Inet t
cWS-25 COLORADO3DI13 VISION OFt., rWATE WATER uc
(303)866-3581 ��!�
WELL PERMIT NUMBER �c255.6"'-- —"
APP 1 ANT DIV. 1 WD 5 DES.BASIN
MD
APP p[11 LOCATION
WELD COUNTY
SW 114 SE 114 Section 21
2510 FAMILY FARMS LTD Township 1 N Range 68 W Sixth P.M.
2510 W 144TH AVE
BROOMFIELD,CO 80020-9433 DISTAttr•FS FROM SECTION LJNE
243 Ft.from South Section Line
(303)286-9307
2101 Ft from East Section Line
PERM TO _ • . TRUCT A WEL
ISSUANCE OF THIS PERMIT DOES NOT CONFERA WATER RIGHT
cgatrrCM3 OF APPROVAL
material Injury to existing water rights. The issuance of this permit
1) This not Shall the applicant in suU+t�wt no�ry will occur
r to another vested water right or preclude another owner of a vested
does not assure
water rioht from seeking relief in a civil court action. Construction
2) The construction of this well shall be in complianceowith thf e �Wat r WeloWaltWeO Cons ruin and Pump,saes a oval
of a variance has been granted by the State Sosrd
Contractors In accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3Xb)(11)(A)as the only well on a tract of land of 80 acre(sm)ddes Wed as West 1/2
t 114 of Section 21,Township 1 North,Range 68 West of the Sixth Principle inside not more mm�
of the Southeast ground os protection.ordinary household purposes
a) The use o water d from this the wateringll i e of poultry,t use domes
three(3)single-family dwellings, domestic animals and livestock on a farm or ranch and the
Irrigation of not more than one(1)acre of home gardens and lawns, which sandstone or
5) Production is limited to the alluvium The depth Of this wail shall not exceed 50 feet or the depth at
shale is first encountered.whichever comes first.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7j The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water Is returned to the same stream system in which the well is located.
8) This well shall be constructed not more than 200 feet from the location�sing�tdd n this
st through the entire producing
NOTE:To Insure a maximum
or quiffera fife of this well,indicated above. "
interval of the appim'Lr�II- Z//a 0
•
APPROVED ,D I ��f ,. c �✓
MTT Scats Engineer DA I UED SAP 212000 By "•'I: TION DATE GP 2 1 I 1 Z
R It No,0465483
TOTAL P.01
1
WeldCounty Dept. Health
1555 North 17th Avenue
Greeley, CO 80631 Co
Director:Mr.Travis Jiricek soot Pia'?%B He
'/ON BH/lp/Nfr
•
EcE,1t
June 1,2002 O
Dear Mr. Travis Jiricek;
My name is Janet L. Capra. The reason for this letter is to get an extension on my septic permit,
SP-000516.
There had been a delay in proceeding that I had not anticipated. I am ready to begin this with
completion date by mid July of 2002. Although I will be using a home I currently have.
I am anxious to complete this long overdue construction. I would appreciate all that you can do to help
me expedite the Septic Permit/or reissuing a different one. I appreciate all your efforts, as I forgot to
speak to anyone when I came up to the office a couple of weeks ago.
Sincerely,
N.dr 1, , r op C
Janet L.Capra
My Phone is(303)286-9307
1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 304-6415 FAX: (970) 304-6411
APPLICATION / RECEIPT
Initials: SKE
Permit Number: SP-0000516 Receipt Number: HAP000553
08-21-2000 Amount: $315.00 Payment Method: Check Notation: 2116
Owner Name: SWINK FAMILY FARMS LTD
Applicant Name: SWINK ALVIN W & CAPRA JANET
Parcel Number: 1467-21-0-00-017
Site Address:
Location: HWY 7 & WCR 7
Total Fees: $315.00 Total All Payments: 315.00
This Payment: $315.00 Balance: $0.00
Account Code Description Amount
256041400-4221-400 New Septic Permit $315.00
256041400-4221-400 Repair Septic Permit $0.00
256041400-4221-400 Vault Permit $0.00
256041400-4730-400 Potable Water $0.00
Description: MODULAR
Commercial: (Y/N) N Residential: (Y/N) Y Acres: 300
Number of Persons: 5 Basement Plumbing: (Y/N) Y
Number of Bedrooms: 4 Bathrooms: Full - 2 3/4: 0 1/2: 0
Water Public: (Y/N) N Water Source:
Water Private: (Y/N) Y Cistern: (YIN) N Well: (Y/N) Y Well Permit Number:
NOTICE
Applicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is conditional
upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and
Environment to be made and furnished by the applicant or by the Weld County Department of Public Health and Environment for
purposes of the evaluation of the application;and the issuance of the permit is subject to such terms and conditions as deemed necessary to
insure compliance with rules and regulations adopted under article 10,title 25,CRS as amended. The applicant certifies theat the
proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements
made, information and reports submitted herewith and required to be submitted by the applicant are,or will be,represented to be true and
correct to the best of my knowledge and belief,and are designed to be relied on by the Weld County Department of Public Health and
Environment in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or
misrepresentation may result in the denial of the application or revocation of any permit granted based upon said applicaion and in legal
action of perjury as provided by law. This application e_tires one year from the signature date.
x 1 `V, C'.c,pt n S) a1 1 �s
Owner/Applicant Date
Fonn:RT HAPP
— — •_ ._
1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 304-6415 FAX: (970) 304-6411
APPLICATION / RECEIPT
Initials: SKE
Permit Number: SP-OOOO516 Receipt Number: HAP000553
08-21-2000 Amount: $315.00 Payment Method: Check Notation: 2116
Owner Name: SWINK FAMILY FARMS LTD
Applicant Name: SWINK ALVIN W & CAPRA JANET
Parcel Number: 1467-21-0-00-017
Site Address:
Location: HWY 7 & WCR 7
Total Fees: $315.00 Total All Payments: 315.00
This Payment: $315.00 Balance: $0.00
Account Code Description Amount
256041400-4221-400 New Septic Permit $315.00
256041400-4221-400 Repair Septic Permit $0.00
256041400-4221-400 Vault Permit $0.00
256041400-4730-400 Potable Water $0.00
Description: MODULAR
Commercial: (Y/N) N Residential: (Y/N) Y Acres: 300
Number of Persons: 5 Basement Plumbing: (Y/N) Y
Number of Bedrooms: 4 Bathrooms: Full - 2 3/4: 0 1/2: 0
Water Public: (YIN) N Water Source:
Water Private: (YIN) Y Cistern: (Y/N) N Well: (Y/N) Y Well Permit Number:
NOTICE
Applicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is conditional
upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and
Environment to be made and furnished by the applicant or by the Weld County Department of Public Health and Environment for
purposes of the evaluation of the application;and the issuance of the permit is subject to such terms and conditions as deemed necessary to
insure compliance with rules and regulations adopted under article 10,title 25,CRS as amended. The applicant certifies theat the
proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that ail statements
made, information and reports submitted herewith and required to be submitted by the applicant are,or will be,represented to be true and
correct to the best of my knowledge and belief,and are designed to be relied on by the Weld County Department of Public Health and
Environment in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or
misrepresentation may result in the denial of the application or revocation of any permit granted based upon said applicaion and in legal
action of perjury as provided by law. This application expires one year from thgjignature date.
X :-)t t\y t `'�� rat r1 b) �1 C'6
Owner/Applicant Date
Form:RT_HAPP
Hello