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Home My WebLink About20003368.tiff • • / *\ DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: CHARLIE POSTON Case #: RE-2730 Planner: RA Legal Description: PT. W2, W2, SEC 34, T6N, R64W, 6th P.M., Weld County, CO. Parcel ID #: 0801 34 000 039 Lot C Size: N/A Lot B Size: 2.0 +/- acres Lot A Size: 53.00+/- acres • Water Source North Weld County Water District Sewer System Septic Criteria Checklist Yes No X 1. Conforms with the Weld County's 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 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 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. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health. The Environmental Protection Services Division of the Weld County Department of Public Health was unable to locate a septic permit for the septic system located at 27201 WCR 62 '/. Any existing septic system which is currently not permitted a - 331r through the Weld County Department of Public Health will require an Individual Sewage Disposal System (I.S.D.S.)evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. B. Lot B shall use the existing residential, agricultural, oil and gas, or ditch road access points. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions and shall not be placed below the crest of a hill or where physical obstructions are present. The road shall be graded and drained to provide all weather access and shall be a minimum distance of 75 feet from any intersecting County or State roadway. Lot A Access -The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to Lot A.The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 37, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). C. In the event access from State Highway 37 is denied by CDOT, The applicant shall submit to the Weld County Department of Planning Services a recorded copy of an Access Agreement signed by all of the owners of the property crossed by the access.The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any road access point. If a drainage culvert is required, a 15 inch CMP is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. Weld County Road 62 3/4 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires a 60 feet right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 62 3/4 shall be delineated right-of-way on the plat.This road is maintained by Weld County. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance, the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits on Lot A or B, 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 and recorded exemption number. 4) Prior to the release of any new building permits on Lot A,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. • i 5) 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, pursuant to Weld County Ordinance 169A. 6) RIGHT TO FARM COVENANT: Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 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; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; 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. 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, Children are exposed to different hazards in the country 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. 4. 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 be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60)days from the date of approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fees. 5. 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 June 8, 2000 Robert Anderson Planner • • #0)t* DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: CHARLIE POSTON Case#: RE-2730 Planner: RA Legal Description: PT. W2, W2, SEC 34, T6N, R64W, 6th P.M., Weld County, CO. Parcel ID#: 0801 34 000 039 Lot C Size: N/A Lot B Size: 2.0 +/-acres Lot A Size: 53.00+/-acres • Water Source: NORTH WELD COUNTY WATER DISTRICT Sewer System: SEPTIC 1/4 Criteria Checklist Yes No X 1. Conforms with the Weld County's 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 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 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. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health. The Environmental Protection Services Division of the Weld County Department of Public Health was unable to locate a septic permit for the septic system located at 27201 WCR 62 'A. Any existing septic system which is currently not permitted i • through the Weld County Department of Public Health will require an Individual Sewage Disposal System(I.S.D.S.)evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. B. Lot B shall use the existing residential, agricultural, oil and gas, or ditch road access points. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions and shall not be placed below the crest of a hill or where physical obstructions are present. The road shall be graded and drained to provide all weather access and shall be a minimum distance of 75 feet from any intersecting County or State roadway. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any road access point. If a drainage culvert is required, a 15 inch CMP is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. Weld County Road 62 3/4 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires a 60 feet right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 62 3/4 shall be delineated right-of-way on the plat.This road is maintained by Weld County. E. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance, the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits on Lot A or B, 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 and recorded exemption number. 4) Prior to the release of any new building permits on Lot A,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. 5) 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, pursuant to Weld County Ordinance 169A. 6) RIGHT TO FARM COVENANT: Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 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; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; 0 0 smoke from ditch burning; flies and mosquitoes; 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. 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. Children are exposed to different hazards in the country 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. 4. 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 be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60)days from the date of approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fees. 5. 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 6.7 r '�L�`s`r Date May 5, 2000 Robert Anderson •:• Planner Plat Checklist Case 1" umber; :. .: Item Comments Check Proper size of plat 24" X 36" or 13" X 24" Boundaries of Lot(s) Scale Suitable Scale? (Approx. 1"=200' or 1"=100') i Access indicated Shared access? If so, is Easement Certificate included? Roads labeled, including R.O.W. Building Envelope(s) Vicinity Map Suitable Scale? (Approx. 1"=2000'); Not on SE North Arrow Legal Description Notes from Planner/ Development Standards Conditions Of Approval completed? Owner's Certificate Notarial Certificate included? If deed indicates two owners. have both signed the plat? Surveyor's Certificate, All surveyed plats Surveyor's stamp Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD. if Staff Approved) Planning Commission Certificate (USA's, COz,) Board Certificate (USA's, COZ. Final PUD but not if it was Staff approved) 'RE. SE St ZPMH, if Board approved. Typical Road Cross Section If a COZ, Final PUD Easements If Final PUD Please return the plat to CAD Tech. within 24 hours of receiving the plat. Planner On Call: (Initials) Planner Signature: Date: • • :. ..... ...,:: :::: ::> ........... :...... .iamoT: ..;;;;: 06.0g,a0 GtLOCrts �� tz/.A.€3ek.*zet. ✓3A2Tr\QL 2707.4 wc2 4,1 1Z . G L Lcy C.U . (970) 353 " 7Z444 Vi c> O FlC( . T. T. c.wtCp- nCc-tid-1= P. 0. S . Lo wLA- . ,3a.vtrhot-S c-KprtcS5c-ii concC/1-r o✓c-vL AcccSS .• A .. 5 irk T-c- ✓ -Ct SS IS ors tHC '{Z Q(tOP&'-TY bit ct✓\C . ►ek-No o-T t-o ra- 'to IA.( c.eSS o cr. T+,lc-krC ,1-O 0—,I✓ . 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The issuance of this address shall not be interpreted or construed to mean: 1. You have the right to building a single-family dwelling on the assigned property. 2. That Weld County Public Works is under any obligation to maintain or remove snow from the road from which you access said property. 3. You have the right to access the property from another person's property. 4. That emergency vehicles will be able to access said property. 5. You have the right to access said property via a ditch or oil and gas road. 6. That this address will never change or be reissued. m:\wpfiles\bldgtech\foaddress.verifcabon rev 9/1/04 (tita • • DEPARTMENT OF PLANNING SERVICES WELD COUNTY ADMINISTRATIVE OFFICES W��DCi 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 353--6100100, ext.3540 COLORADO FAX (970) 304-6498 ADDRESS VERIFICATION FORM PROPERTY OWNER NAME & MAILING ADDRESS: /'IU ///),; ' '7+,%« %)-(1 / ' ' 29- ,C /.a ' r -tr./ LEGAL DESCRIPTION OF SUBJECT PROPERTY: ,P L2 SEC ` 't ,T / N, R c c1 W of the 6T" PM, Weld County, Colorado, d / J /7 ,'\ `:r- - ADDRESS ASSIGNED: ''/ ,'✓/ _ **PLEASE CONTACT LOCAL POST OFFICE FOR CITY& ZIP CODE** THIS ADDRESS HAS BEEN ASSIGNED BASED ON: / r BUILDING TECHNICIAN DATE ***DISCLAIMER*** The address documented above has been issued to you upon your request by the Weld County Department of Planning Services. The issuance of this address shall not be interpreted or construed to mean: 1. You have the right to building a single-family dwelling on the assigned property. 2. That Weld County Public Works is under any obligation to maintain or remove snow from the road from which you access said property. 3. You have the right to access the property from another person's property. 4. That emergency vehicles will be able to access said property. 5. You have the right to access said property via a ditch or oil and gas road. 6. That this address will never change or be reissued. revi;od 11/01 wpfileslbldgtech'londdress DO, R9 rit3Ct I 35 :':n:?4344.^ CHAR.! EPS L.QJPA P n=,TON PAGE 51 • FACSIMILE TRANSMITTAL SHEET TO- FROM Tom C.Thns Charlie&Laura Poston COMPANY. DATE'. 9/20/00 FAX NUMBER: TUT 41_NO of PACIFY INCLUDING COVER'. 970-454-3255 10 PHONE NUMBER: SENDER'S REFERENCE NC MBER: RE. YOUR REFERENCE MBER' CDOT Access Permit ❑ URGENT Xr(M REVIEW O PLEASE COMMENT O PLEASE REPLY O PI.EASF: Rh'.CYC1..E NOTES'COMMENTS Torn, Hete is the CDOT access permit and supporting documents- [CLICK HERE AND TYPE RETURN ADDRESS[ 09/E19/2000 18: 30 3034844229 CHARLES&LAI_IRA F'ESTON FAGE 02 41. • COLORADO DEPARTMENT OF TRANSPORTATION cool Permit Va' 400094 STATE HIGHWAY ACCESS CODE SH/S'MP 37A/004.340/R NOTICE TO PROCEED Local Jurisdiction Weld County_ Permittee(s): Applicant; Charles and Laura Poston SAME 27201 WCR 62 1/2 Greeley, CO 80631 970-346-9914 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(111(d), of the Access Code. Adequate advance warning wa is required at all times during access construction, in conformance gq with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None • Municipality or County Approval (When the appropriate local authority retains issuing authority) 8y Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title i Date (x) ` ress /4 )cen-c_ 17,,L 4Cctss /9 r A946 Copy Distribution; Required 1. Region Permit files oiaff Access Section As needed: Local Authority, MTCE Patrol, inspector Form 1265 e./98 09/09/2000 18: 30 3034844229 CHARLES2LAI_IPA P0'ST0N PAGE 03 COLORADO DEPARTMENT OF TRANSPO N CDOT Permit No. STATE HIGHWAY Aces PERMIT 400094 State Highway No/Mp/Side 37A/004 340/R Permit fee Date of transmittal I ReglonfsectionrPatrol Local Jurisdiction 50.00 09/19/2000 1 04/01/25 Weld County The Permittee(s), Applicant: Ref No. 2000 Charles and Laura Poston SAME 27201 WCR 62 1/2 Greeley, CO 80631 970-346-9914 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments terms.conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and Its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: _____ Access is to be located on State Highway.37. a distance of2,105 feet north of Mile Post 4 on the east/right side. - Access to Provide Service to: Single-Family Detached Housing 1 Each 100.00 % Other terms and conditions: ' See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By r Date ! title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit pnor to being used. The permittee shall notify Bill Sparks with the Colorado Department of Transportation In East Greeley at 970-353- 4847 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit an its terms and conditions, Permiluvas9t� i Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date(of issue Title (x) . t.� �.T vGJ �� i y 19 00 Assistant Access Manager - j/ Copy •I . button: Required' Mak copies as necessary for: Previous editions are obsolete anti may not be used 1.Region Local Auinorlty Inspector CDOT Form 0101 Biel 2 Applicant MICE Petrol Traffic Engineer 3 Staff Access Section 09/09/2000 13:30 334844229 CHAPLES. LAURA P N; FAGE 04 State Highway Access Permit Page 1 Attachment to Permit No. 400094 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Gloria Hice-Idler at(970) 350-2148. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 101) and its two page attachment Exhibits: "A" - Access Plan "B" - Vicinity Map "C" - Plat 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601.1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon exisiting and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. 7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation;or 4)Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such reparis. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 12. All costs associated with the installation of this access arethe responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 13. No work will be allowed at night, or on Saturdays, Sundays. and legal holidays without prior authorization 03.709/2000 18: 30 3034^84422 CHARLES€LAURA PO TON FAGE 05 State Highway Access Permit Page 2 Attachment to Permit No. 400094 - Additional Terms and Conditions from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 14. Traffic detours or lane closures will not be allowed, unless pre-approved by the Department. 15. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 16. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 17. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping Permit from the Maintenance Section. The access permit does not authorize that activity, although a proposed landscaping plan shall be included in the access permitting document. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Denny Volz at the Evans Maintenance Office, (970) 506-4971 to obtain the Landscaping Permit. 18. Routine, periodic maintenance and emergency repairs may he performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 19. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 20. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970) 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. • • 21. Should any excavation encounter plant or animal fossils,the remains of historic or prehistoric structures, artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector. 22. The Permittee or the contractor shall notify Bill Sparks at(970) 3353-4847 or pager(970) 350-8477 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit. 23. Whenever the work will affect the movement or safety of traffic, the Permittee shall develop and implement a construction traffic control plan, and utilitze traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the work force. The traffic control plan shall be prepared by an American Traffic Safety Services Associaton (ATSSA) certified 09/75/2077 18: 30 3734844229 CHARLESELAURA POSTCN PAGE 05 State Highway Access Permit - Page 3 Attachment to Permit No. 400094 - Additional Terms and Conditions individual, a Colorado Contractors Association (CCA) certified individual. or a professional traffic engineer in conformance with the Manual on Uniform Traffic Control Devices, and other applicable standards. The plan must be submitted to the Region Access Manager for approval and inspection, a minimum of 72 hours(3 working days) in advance of construction. A copy of the approved traffic control plan must be on site until the work is completed. 24. The Department inspector may suspend any work due to: I) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 25. The access shall be constructed 20 feet wide with 20 foot radii. 26. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 27. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. 28. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 29. All required access improvements shall be installed prior to the herein authorized use of this access. 30. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 31. Surfacing of the access shall be completed as per Exhibit "A". 32. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 33. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 34. The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. 35. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 36. All existing drainage structures shall be extended, modified, or upgraded as necessary,to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 37. The Permittee shall request final inspection by Bill Sparks at(970)350-8477 within 10 days following completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 38. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 39. The design and construction of access and/or development of this property shall not negatively impact adjacent 69/09/2000 18:3© 363484420 cHAR.LEELLAURA S ON PAGE 0? State Highway Access Permit Page 4 Attachment to Permit Na 400094 - Additional Terms and Conditions nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. EXHIBIT "A" - SIMPLE ACCESS DESIGN co 09/00 - m w cc: Define: width of access exclusive of radii a a radii profile angle if other than 90° surfacing—material type (asphalt grading, concrete class, total thickness, individual mat thickness for asphaltic materials) curb and gutter type/dinfensions/material permanent signing or pavement markings necessary �• drainage features—culvert type and size (no RCP in ROW), no • increased runoff to ROW special or unusual features any landscaping in ROW J G} W SuQF/�C�1t l C� • 4 + ABC as wl D-tH On• • C 1 co fin! co >i< Iz.a.w. 0; a,Gs �8r cM do Z0r white thnt, CD I -co m m - C 37 S.N. NO. /f` center tine. 09;09/2000 18: 30 3084944229 OHAPLE 2LAURA POSTON PAGE 10 ]'. n. POSTON ACCESS I l,l , `cam, H a' . `, . . .. .-.. ._. .. . i 37 II ]i Ma 15.00 • K is of a cn -n -'i 1 Tue Sep 19 11.24 2000 "'Oa-pr Wo-4e Scale 1:15,625(at tenter) driJt� 1000 Feet 500 Meters i� � en,�o<I 11 I— Local Road 'r State Route Railroad 1 Small Town Water I River/Canal Intarmtttent River e i -4 -51- D 1998 DeLorme. Street Atlas USA " . --_ --__ 1- 30' ROW iLD S S SCALE: 1" = 200' L- 0 1 2 3 400' 03 0 T` L m M 7 /it • = FOUND PIN r w n AS DESCRIBED Ef a' ^� Q IL • = SET /4 BAR W/YELLOW CAP O FREESE ENGINEERING LS4392 I LL 0 a OWNERS: ]-E m CHARLIE AND LAURA POSTON !a b < 1 APPROXIMATE AREAS 1- !^ LOCATION OF _ LOT "A" 2.000 ± AC w UNDERGROUND LOT "B" 52.860 i_AC GIT �� IRRIGATION TILE TOTAL 54.860 t AC 0 G 2860 ' BAC o CC 44( o + m J " r 0 Z ' f U NEW LOT "A" ACCESS TO BE 60' ROW - +- NOTE. ONLY LOT f� SURVEYED a 1 APPROVED BY CDOT. -� SIZE TO 8E DETERMINED BY • 7, wielcacy COOT. 420.35' • r'J ,.-^a NEW ACCESS w LOT ..A., N FOUND ji REBAR a o WSIINSICI 3D' ACCESS NO CAP a 2060 i AC 131_ m ROAD 44.40' NORTH OF \`l c.i - _ --Twil W 1/4 CORNER r0 v. - - 894.04 - - 428.66 ---�--J - WCR 62 1/2 - - 1B2876' Ire ,_ - - S 87'41'23' W 20' PRIMA IF_ ROAD FOUND pvi � W 1/4 CORNER � � �� W/Y{tS ✓ S34, T6N, R64W 30' ACCESS FREESE LS 435 ▪- FOUND 3 I/4"0 AL CAP ON #6 REBAR IN MONUMENT BOX LS 1074 1 UN-09-00 09 :57 AM TO COLLINS RE LLC 970454 3255 P. 01 i U Tom Collins Real Estate. L.L.C. 109 Elm Avenue Eaton, Colorado 80615 Tel: 970.454-3445 Fax: 970-454-3255 DATE: 06 _ of - 00 PAGES: 2 —� TO: ko 14,4.1. /avlrLrl < Q n FROM: Torn Collins COMPANY: ,/, QO pi, n C 004z COMPANY:Tom Collins Real Estate, LI.C FAXP: 9en) _so *. 4 vegy FAX*: (970) 454-32'° r SUBJECT: (�{1.A Ail P3 it ki4,04.i 'el 102,2 ,fITc27SO _ Message: 1,01 pie-- Any 4/4P hn It H II f b i s 41 re, i t the N 4.¢dcrsz &osr ,/iHt f plynl C/O/Li di Ma -_rte/ c 01 f O9O re Lai, //eke e .4 n Anil ksm �. ) .:V yL6, Aai0J4S J� ©i1Ls £zi4 leet la sI s /7p - tie o 4I pc ,OiY per .Qh .v ii fn Qp��it 70'42 /6 1 A 6,,, 6 ins ,1 & . 1e,7--'X/to_tt ito ins� fist A e � 714P / /.rnbC/'.f tickeye. p l X u1au/.r/ 5G! �yi raYI O- de // 4 . 4sr n1._! !2 P y.c di Arid '7 �'o,Sc r ?iii LI'.'� / / /45419'/ o BAs pj /de t�1 d/, s! St 1 14 efilaA45511, to k i wt oJ kz E' nt kip Vl cI 'tied MI /d if ok%nf O /`4 1t4+'� ney6k6r,, , to 0 Whin ' JUN-09-00 09 :58 AM 70 COLL1NS RE LLC 970454 3255 P. 02 STATE OF COL.C)'RADO otMaTMMINT OUTFANSVORTAT1C$ Mao'. • 1420 2nd Seen Gene",Celerede 1063 (97C$353-1332 Weld County, SH 37 • Charles Poston NE Corner SH 3871WCR 62% • S of Gill February 1,2000 Charles Poston 27201 WCR 62'1 Greeley,CO 80631 SUBJECT: Access Commitment Dear Mr. Poston: This correspondence is written to document CDOT's commitment to the widening of the existing access to your property located along State Highway(SH) 37 directly east of Weld County Road 62'A. An access permit Must be obtained from this office prior to any improvements to the access within the state highway right-of-way. A diageun of the propoged widening has been attached. If I can be of further assistance,please do not hesitate to contact me. Thank you. Sincerely, • tonerA.set Hiceeldler Assistant Access Manager (970)350-2148 ac: file L. r EXHIBIT A - SIMPLE ACCESS DESIGNz • 03196 m m . Define: width of access exclusive of radii m . radii N profile co angle if other than 90' - n a surfacing - material type (asphalt grading, concrete class, total thickness, individual mat thickness for asphaltic materials) -i curb and gutter type/dimensionshnalerial permanent signing or pavement markings necessary n drainage features - culvert type and size (no RCP in ROW), no increased o r runoff to ROW - special or unusual features co any landscaping in ROW E A • F N'e4 4o Scale. n ` ExisAnut 1.1 - 5 .I WIDTH,' ,�7H } 0J m A S3d , t S W A C1 R.O.W. p`#w��'� ti $ 0 GuuWW We in I Cxiew.d ';`� �o \Csis. /�uus �l�tlt �, white line v m w -"'.- -I,---- - t u tin la c\/(e DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 Will FAX (970) 304-6498 Cie WELD COUNTY ADMINISTRATIVE 8 OFFICES 631 GRE COLORADO June 8, 2000 Charlie Poston 27201 WCR #62 1/2 Greeley, CO 80631 Dear Mr. Poston, Attached please find a corrected Recorded Exemption Administrative Review with several additions to the Conditions of Approval Sections 2. B. and C. These additions where required because of information which was received after the initial approval dated May 5, was mailed. If you have any questions please feel free to call me at 353-6100, extension 3540. Sincerely, Robert Anderson Planner gle 6t DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 W I`D�. GREELEY, COLORADO 80631 FAX (970)304-6498 1555 N. 17TH AVENUE COLORADO May 8, 2000 Dear Superintendent McClain: Per your request for notification, the following is submitted. The Weld County Department of Planning Services approved the following land use case on May 05, 2000. LAND USE TYPE: 2 LOT RECORDED EXEMPTION CASE NUMBER: RE-2730 SITE LOCATION: W2, W2, SEC 34, T6N, R64W, 6th P.M., Weld County, Colorado APPLICANT: CHARLIE POSTON ADDRESS: 27201 WCR # 62 1/2, GREELEY, CO 80631 PHONE: (970) 346-9914 Sincerely, /J Robert Anderson, Planner wpfiles\shell\schoolllr DEPARTMENT OF PLANNING SERVICES (-et 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 Ci COLORADO April 14, 2000 Charlie Poston 27201 WCR 62.5 Greeley, CO 80631 Subject: RE-2730-W2 S2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Dear Mr. Poston: 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. If you have any questions concerning this matter, please call me. Sincerely, Robert Anderson Planner - s S STATE OF COLORADO DEPARTMENT Of TRANSPORTATION ,r: s UT Region v _�- 1420 2nd Street Greeley,Colorado 00631 (970)353-1232 Weld County, SH 37 Charles Posten NE Corner SH 387/WCR 62'1 S of Gill February 1, 2000 Charles Posten 27201 WCR 62'/, Greeley, CO 80631 SUBJECT: Access Commitment Dear Mr. Posten: This correspondence is written to document CDOT's commitment to the widening of the existing access to your property located along State Highway(SH) 37 directly east of Weld County Road 62'1. An access permit must be obtained from this office prior to any improvements to the access within the state highway right-of-way. A diagram of the proposed widening has been attached. If I can be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, 10124 /liar f CC Gloria Hice-Idler Assistant Access Manager (970) 350-2148 xc: file EXIUIBIT A - SIMPLE ACCESS DESIGN 03/96 Define: width of access exclusive of radii radii profile angle if other than 90° surfacing - material type (asphalt grading, concrete class, total thickness, individual mat thickness (or asphaltic materials) curb and gutter type/dimensions/material permanent signing or pavement markings necessary drainage features • culvert type and size (no RCP in ROW), no increased runoff to ROW special or unusual features any landscaping in ROW Nri- -o Soak._ W ttDTI- Wt� rli,9 w Jong Ex}e,-,c1 cc, iver , t I7ad sa _ a, , c� white !Inc —� rSn 3 . q• 4 ��' ✓ FIELD CHECK ligge COLORADO APPLICANT: P OS^ICS NI CASE NUMBER: RE 2 7 3 0 LEGAL DESCRIPTION: a Z O1 2 S C- L 3 "1 & b LOCATION: 71,61` /1 cu✓ 3 7 / /V/40O (v (62 [ Z Yz ZONING LAND USE N 46 N G 7( ( E E /7 t / ( S S S / /rL W W ,rib // ( 5 COMMENTS: PLANNER: _ INSPECTION DATE: • (� all.+ 1 APPLICATION FLOW SHEET WL`Dc. COLORADO APPLICANT: CHARLIE POSTON CASE: RE-2730 REQUEST: 2 LOT RECORDED EXEMPTION LEGAL: W2, W2, SEC. 34, T6N, R64W, 6TH P.M. Weld County,CO LOCATION: E/ADJ HWY 37 & N/ADJ WCR 62 1/2 PARCEL ID #: 0801 34 000 039 ACRES: 55.00+/- Date By Application Received APRIL 11, 2000 SL Application Completed APRIL 14, 2000 RA Referrals Listed APRIL 14, 2000 RA Design Review Meeting (PUD) File Assembled y//P° S Letter to Applicant mailed / MVO Referrals mailed IJ/'I� A, Chaindexed H /! Z/t�V Vicinity Map prepared Field Check ✓ by DPS Staff Administrative Review Decision: APPRuvc-D OS• cis•00 ST AFC Date By County Commissioners Hearing Date (if applicable) Surrounding Property Owners Notified Air Photo and Maps prepared y�_20->el< .05 BCC Action: BCC Resolution received Recorded on maps and filed ,/O -7/,4 Overlay Districts Road Impact Fee Area: Zoning AG/PRIMEK4T++Eft Yes No_X Airport Yes No_X SW Weld: Geologic Yes No_X #1 #2 #3 Flood Hazard Yes NoX Windsor Panel# 0635C I 1 V I V\YIY IYV JLI\V1VLJ Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phon 0) 353-6100, Ext. 3540 - Fax# (970) 3'12 A ICATION FOR RECORDED EXEMPTIOettel,f14 eiOid Application Fee 99r) Receipt Number 0 5/67 ( Case Number (.C Z7 Recording Fee Re t Number Zoning District Application Checked By ce' S C Planner Assigned to Case r'_,,Ns TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description:'L,D 4 L. 1:,,• 5i INN (Zlc.g„� Total Acreage: Zoning :41, Parcel Number. I C 3 g (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 XX No Is this parcel of land under consideration the total contiguous land owned by the applicant? • Yes 20 No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No ; Airport: Yes_ No K ; Geological Hazard: Yes_ No.g FEE OWNERS OF PROPERTY / (9.10)Name: l�\l a.c- 1 c TO:5-\ o r Home Phone# :)41-b-t'j//4'Work Phone# • Address: 41a C tu2c I (C 4.4._ City/State/Zip Code 1-)rcd Q y 1 (-0 k O 3 Applicant or Authorized Agent: Phone# Address: City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot GOT L o r 4 Recorded Exemption Water Source \,-)Th ' )r .)O Type e of Sewer CTh Q)0 \.G �J py I C Proposed Use AC\ I �Q Ap ) R Q. ,- Acres e ) 9 3+/—acres 5 2+aGres Existing Dwellings ) ,\C Yeses or No \? •5* j. Existing Dwellings Address (if applicable): , a, ,3O3y ti 37 A✓ Larger Parcel 2 S/ny',d. fO I Smaller Parcel AO '77 $I Smaller Parcel (applicablebhly for 3-lot Recorded Exemption) /✓//' I hereby state that all statements, proposals, or plans submitted with a plication are true and correct to the best of my knowledge. Signat er or Au ri ed Ag nt 5 • February 19, 2000 Current Planner Weld County, Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Application to split the following described property. Southwest Quarter of the Northwest Quarter (SW'ANWI/a) and part of the Southeast Quarter of the Northwest Quarter (SE'/nNW 1/4) Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Dear Current Planner: The undersigned hereby submits the following application to divide the above described parcel of land by Recorded Exemption. The parcel contains 55.00+/-acres. Our request to split the above described property will create two lots, proposed Lot "A", approximately 2.00 acres, proposed Lot "B" approximately 53.00 acres. Proposed Lot "A" is unimproved, Proposed Lot "B" is the location of our personal residence. Ninety five percent of the land in this proposed recorded exemption is irrigated farmland. Proposed Lot "A" was the location of an old farmstead, with this in mind the requested split will disturb little or no irrigated farmland. Proposed Lot "B" will be virtually undisturbed by the split. We are going to sell proposed Lot "A". We have no plans to sell Lot "B". This request is not inconsistent with the efficient and orderly growth of the area. It is consistent with the growth of the area in that the use and nature of the land will not change by this process. The subject land is zoned Agriculture, and will remain primarily an agriculture use, thus insuring the request is consistent with the intent of the zone district. Those uses that are allowed and limited to uses permitted by the Weld County Agriculture Zoning Ordinance. The uses permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county. The property is not located within a three (3) mile radius of an incorporated town. It is not considered in the future growth of the City of Greeley, or other towns or municipalities in the area. Sewage disposal for the proposed Lot "A" will be by septic system or standard disposal system as required by the Weld County Health Department. Lot "B" has a sewage disposal system. • Domestic water for proposed Lot "A" will be supplied by the North Weld County water district. A letter from N.W.C.W.D. being a part of this application package. Proposed Lot "B" is currently serviced by N.W.C.W.D. Approximately 95% of the total property is irrigated. The New Cache LaPoudre Irrigation system (No. 2 Ditch) supplies the irrigation water. A small percentage of the irrigable land will be disturbed by the proposed split, however, should a new owner of proposed Lots "A" build a residence this will disturb a portion of this lot. The north boundary of the property is W.C.R. 62 3/4, the west boundary of the property being Colorado State Highway 37. Proposed Lot "A" is accessed from State Highway 37. Proposed Lot "B" is accessed from State Highway 37 and W.C.K. 62 3/4. The property does not lie in a geologic hazard, flood plain or the Weld County Airport Overlay District. The subject property complies with the Overlay Districts outlined in the Weld County Comprehensive Plan dated November 21, 1996. Fire protection is provided by Fire Protection District F 14, Platte Valley Fire District. The subject property is in the Weld County Reorganized School District RE-7, Kersey, Colorado. Public Service Company provides electrical service in the area. US West provides telephone Service. The herein described property, that we are proposing to split is located approximately six miles northeast of Kersey, approximately one mile south of Gill and approximately 10 miles east of Greeley, Colorado. Should you have any questions or require additional information you may contact Tom Collins at (970) 454-3445 or by mail at 109 Elm Avenue, Eaton, CO 80615. We honorably ask your sincere consideration of our request to divide the property and ask that you approve the application. Respe ly submi d, Charles W o on � a ra J. Po.t • ' REFERRAL LIST 5 NAME: Charlie Poston CASE NUMBER: RE-2730 REFERRALS SENT: April 14, 2000 REFERRALS TO BE RECEIVED BY: May 5, 2000 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton XPublic Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie East of 1-25(Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 _X 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-7 XGreeley Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER • °RECEIVED 0 APR 1 8 2000 CO WELDUNTY OUNTY PUBLIC WORKS DEPT Weld County Referral April 14, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Charlie Poston Case Number RE-2730 Please Reply By May 5, 2000 Planner Robert Anderson Project Two-Lot Recorded Exemption Legal W2 S2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Hwy 37 and north of and adjacent to WCR 62.5 Parcel Number 0801 34 000039 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. Al See attached letter. Comments: Signature anti antitel 04 - a 3 - 029 Agency �iA�A �c V Date tWeld County Planning Dept. t•1555 N. 17th Ave.Greeley,CO.80631 +x(970)353-6100 ext.3540 +(970)304-6498 fax 1 • � . ‘70Cestpui MEMORANDUM iocio ikTO: Robert Anderson, Planner DATE: April28;ZOgp FROM: Donald Carroll, Engineering Administrator a!'�COLORADO SUBJECT: RE-2730; Charlie Poston The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 62.75 is designated on the Transportation Plan Map as a local gravel road which, requires 60 feet of right-of- way at full build out. There is presently a 60-foot of right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (Lot A) The applicant shall utilize the existing residential access to this parcel as no additional accesses shall be granted. (Lot BI) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B). Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-2730 plant 1 re I • WELD COUNTY ROAD ACCESS INFORMATION SHEET • Weld County Public Works Department Date: :)— —0C 1111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 1. Applicant Name 6 I L tic-72-7- fER rNo L- Phone Address .272-o/ wc.c &a, S City 4e/7-etc, StateGv Zip tc6 1 ;T Address or location of access et,/^-42 Cc. . .. rS Section 1441 Township !r Range Fel _ Subdivision Block _Lot Weld County Road # G9, 7S Side of Road 50 L. at Distance from nearest intersection /gs0a.,,,.. :,v 37 3. Is there an existing access to the property? Yes X No " #of accesses -, - 4. Proposed Use: Permanent '( Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial O Other **********************************************************************************************.************************* 5. Site Sketch Legend for Access Description: AG = Agricultural W-2 7S J RES = Residential • O&G = Oil& Gas D.R. = Ditch Road f/� p = House F E o = Shed - p = Proposed Access SEC 1•42= Existing Access / i 4. N 7 i 7-- • p,arze L a" DSo{3c,/onoaz8 ********************************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size _Length ��Sppecial Conditions XInstallation authorized O Information Insufficient /,, /f /� ,/ / ` ft: �— .� O C5 Title: L/j"l. LJ O all IV. Reviewed By: 6 Road File# 4. a Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION S[ FT Weld County Public Works Department Date: 933 North 1 Ith Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.� 3750 Fax: (970)352-2868 1 ca 1. Applicant,Name C\1 fc e t t,fc 5t L)(1 Phone C) 7L' 34 6- Address ) ;),o l 1x2.C 2- C ''a City 6 re e I R a _State Zip S'OC, 2. Address or location of access .L7 20/ Gl7G/1. L 9,2 ode l<¢r, l 574:V DS/ _ Section Township Cc Range Col r Subdivision Block Lot _ Weld County Road #Si-HwY 3 1 Side of Road Er.s t Distance from nearest intersection _ 3. Is there an existing access to the property? Yes K K No #of accesses 2, 4. Proposed Use: O Permanent El Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial O Other •, 5. Site Sketch Legend for Access Description: AG— Agricultural L— . •Ist 1 . RES - Residential O&G- Oil&Gas i h D.R. - Ditch Road �aaa�ss.vc AG/RES _ r_ .. OFFICE USE ONLY: Road ADT Date Accidents Date _ Road ADT Date Accidents Date _ Drainage Requirement Culvert Size Length Special Conditions — . O Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 MEMORANDUM TO: Robert Anderson DATE: April 24, 2000 FROM: Sheble McConnellogue Environmental Health COLORADO SUBJECT: Poston, Charlie CASE: RE-2730 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. 2. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located at 27201 WCR 62 ''A, on the larger parcel of this application. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health&Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. sm/736 ..eid County Planning Dept. 25 2000 RECEIVED f • • SofG: l4 ' weld County Referral milO April 14, 2000 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Charlie Poston Case Number RE-2730 Please Reply By May 5, 2000 Planner Robert Anderson Project Two-Lot Recorded Exemption Legal W2 S2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Hwy 37 and north of and adjacent to WCR 62.5 Parcel Number 0801 34 000039 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. have reviewed the request and find that it does/does not comply with our Comprehensive Plan j e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature _• _ `f/zs7n Agency Le6-6Cip Date :•Weld County Planning Dept. :•1555 N. 17th Ave.Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax r rt6 ,„---,,' Crun" Pionrling `i 'Veld County Referral iglig April 14, 2000 C. . COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Charlie Poston Case Number RE-2730 Please Reply By May 5, 2000 Planner Robert Anderson Project Two-Lot Recorded Exemption • Legal W2 S2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Hwy 37 and north of and adjacent to WCR 62.5 • Parcel Number 0801 34 000039 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: See attached letter Signature 5/3/00 Agency Platte Valley We RE-7 Date •:•Weld County Planning Dept. :•1555 N. 17th Ave.Greeley, CO.80631 :•(970)353-6100 ext.3540 C-(970)304-6498 fax • Matte 9)a/icy @School WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-8500 - FAX 97C/336-85 I I E. GLENN McCLAIN,SUPERINIbNDENT aid County Planning Dep.. 2000 May 4, 2000 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Land Dedication The Board of Education of Platte Valley School District, Weld RE-7 passed the attached land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will be a new residence. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for school bus stop needs to he examined. Please call Glenn McClain or Michael Bartle if you have any questions. Sincerely., 9T= E. Glenn McClain, Jr. / Superintendent I4% cf/itcafioiz. . . (Ada Ottit _ if; ('pit %. C;(.7 :1 1 � . > . ��:.• RESOLUTION 000 OF THE BOARD OF EDUCATION -- _ ;° OF "PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District RE-7 (the "District") necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the District icintinr.ly rein-ttpplicntiuuh relating t0 AQw'development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments • in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites, or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Educattcn of Weld County School District RE-7 hereby results as follows: 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is dependgnt upon, among other matters,the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local government entities consider the District's' comments in conjunction with the review and processing of each individual residential development application, and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District, the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District, through its Superintendent or designee, has determined that the best interests of the District would be served-by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee, determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a)$750 for each new single-family residence; (b) $585 for each unit in a duplex or triplex; and (c) $420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-Kind Contributions. The District shall he authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District detennines that land should he dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty decd. free and clear of all liens, encumbrances and exceptions (except those approved in writing by the 2 District), including, without limitation, real property taxes, which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance: commitment and policy in an amount equal to the fair market value of the dedicated property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b) assisted living facilities for the elderly;(c) construction of any building or structure intended for and used for limited terms stays, including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes, hoarding or rooming houses, nursing homes, hotels, motels or hospices; (d) construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to funds received, the District shall use such funds solely for acquisition, development, or expansion of public school sites or for capital facilities planning, sites acquisition,or capital outlay purposes. The timing, nature, method and extent of such planning, acquisition, development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may be made public. 9. Further Actions. The District hereby authorizes l's Superintendent, and such other employees,agents or consultants of the District as the Superintendent shall so designate, to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 • • order to ensure the long-term integrity of the policy set forth in this Further, in Haar g g y Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS] 3 DAY OF Ma rch , 2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President, Board of Education ATTEST By: Secretary, Board of Education 4 S34 , T6 , R64W 1IS ryO CrJ W. C . R . 62 - 3 /4 �nwr�amwmema�emwmm� LOT B 53 ACRES ± SHARED ACCESS LOT A 2 ACRES . N mnu�mnnmmllmmmMUM W . C . R . 62 - 1 / 2 A amunnn mauuamrnmuumnmnamunnnmm� W . C . R . 62 - 1 1 /4 DRAWN BY: DRT DATE DRAWN: MARCH 9, 2000 MAP NOT TO SCALE S 3 � , ��' 6 � , -"Z6 . POSTON IN." \\\ ..\Y..\N...X...\ of II I ` i1 co I V M .. 1, xILI, . C . � . 64 NPN\Nm..na•N\ h\NN•NX•NXXXN• >=1 ii 'i i• t ii .1 iNsa . .. \N..\.\\.\\\\.\\\\.\\.\X \\\XX\ Y\.\N\NX\N..\N\XN\N y • y • NV d s Ili SUBJECT I `il ' :i i • ii • II i W . C H . 62 = 1 / 2ii s '' c3 • N ii ii ei Iii n ii ... M..N...N\..N\NNP.\N\\\YY.Y..NN.NN...N.NN.NPMPN\O\NN.N ii Ern..Y..\N.\.....N -C i, W . C . R . 6 2 II N is ii N 11 ii / DRAWN BY: DRT I DATE DRAWN: MARCH 9, 2000 I MAP NOT TO SCALE SECTION 34, TOWNSHIP 6N, RANGE 64W POSTON 1 � i t 64 • Fifth Aye Gili L 3 LL. 0 (} Third Ave 'L 57 -. 62 0 2000 Mcrosoft Corp. Q 1999 NavTech andlor GOT, Inc. , a • . Order Na 8513191 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation"Fide Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: SEE EXIIIBIT"A"ATTATCHED HERETO CONVEYANCES(If none appear, so state): Reception No. 1580814/ Book 659 Reception No. 1623646 L Book 702 Reception No. 1705118 ✓ Book 783 Reception No. 1705122 Book 783 Reception No. 1705123 Book 783 p Rece lion No. 1723139 ti Book 801 Reception No. 1723140 Book 801 Reception No. 1724053',II Book 802 Reception No. 1743880\4 Book 822 Reception No. 1810269' Book 888 SEE EXHIBIT"B"ATTATCIIED HERETO The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Tide nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this certificate to be signed by its proper officer this 81k day of December 1999,at 7:00 am. 7RANSNA'1'ION TITLE INSURANCE COMPANY By: ` X CalkOlail Authorized Signature • "EXHIBIT A" LEGAL DESCRIPTION All that part of the W1/2 of the W1/2 of Section 34, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southwest corner of said Section 34 and considering the West line of said Section 34 as bearing South 00 degrees 00 minutes 00 seconds West, and with all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds East, along the West line of Section 34, 2579.80 feet to the W1/4 corner and the True Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds East along the West line of Section 34, 1331.60 feet to the Northwest corner of the SW1/4 of the NW1/4 of Section 34; thence North 89 degrees 11 minutes 08 seconds East along the South line of the N1/2 of the N1/2 of Section 34, 1321.29 feet to the Northeast corner of the SW1/4 of the NW1/4 of Section 34; thence South 00 degrees 00 minutes 45 seconds West, 1297.09 feet; thence South 87 degrees 41 minutes 22 seconds West, 1321.95 feet to the W1/4 corner and the True Point of Beginning. 6 S . EXHIBIT"B.' Reception No. 2027023 Book 1086 Reception No. 2094551 1 Book 1151 Reception No. 2111514 Book 1167 Reception No. 23597391 Book 1412 Reception No. 2359740 Book 1412 t .'td • •?, 1_,,.�'j1«,.�r, • . 'K4. .L. , X14- .ag' 659 S r.•w...�._ x$80819teepees Stole Docume.n.,.. c.e.1_I Date DEC.2.; 1971.. WARRANTY DEED $ ..—.4:2221......... i KNOW ALL MEN BY THESE PRESENTS, That P.EUBEN SIT2MAN and LYDIA SITZMAN, of the County of Weld and State of Colorado, for the consideration of Two Hundred Forty Thousand and no/100 Dollars ($240,000.00) in hand paid, hereby sell and convey to JAMES H. TULL, of 1301 Spruce, Boulder, Colorado, 80302, of the County of Boulder and State of Colorado, the following real estate and property, situate in the County of Weld and State of Colorado, to-wit:The South Half (S 1/2) and the South Half (S 1/2) of the North Half (N 1/2) of Section Thirty-four (34) , Township Six (6) North, Range Sixty-four (64) West of the Sixth Principal Meridian, EXCEPT 62.44 acres, more or less, included in Briscoe Reservoir, TOGETHER with easement to have the use of the land around Briscoe Reservoir to farm or otherwise use and also to have the right to permit cattle and other livestock to run to said reservoir in order to obtain water, -- and also the right to pasture in and around said reservoir, and the u right to hunt around said reservoir. The excepted portion for the T _. Briscoe Reservoir is described as being the reservoir now existing, 0 the boundaries of which include that area within the fence as now located along the northerly and easterly side of said reservoir and the dam as now existing along the southerly and westerlyt side of w said reservoir. TOGETHER with the benefits and burdens of Agreement _ , for tile drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares of the • capital stock of The New Cache la Poudre Irrigating Company; six (6) preferred rights from Fossil Creek Reservoir represented by Contract Nos. 12 to 17 inclusive; thirty-two (32) shares of the capital stock ,a of The North Side Lateral Company; twenty-four (24) shares of the capital stock of The Blaine Lateral Company; and 50 acre feet of water allotted to said land by Northern Colorado Water Conservancy t District by instrument recorded May 1, 1939, in Book 1044, Page 50, " Weld County Records. together with all its appurtenances and warrant the title to the same, subject, however, to the following: 1. Right of way for outlet and inlet ditches from and to Briscoe Reservoir - 2. Easements for drainage and pipe lines over and across a portion of sai lands. Pa 3. Right of way deed to Weld County recorded in Book 1026, Page 431, weld County Records. __ 4. Any liens arising by virtue of said premises being included within the boundaries of Northern Colorado Water Conservancy District, Weld Greeley Soil •'-• Conservation District and Platte Valley Fire Protection District. 5. Reservation of an undivided one-half interest in all oil, gas and other, -- minerals to Nancy Petriken Menoni by Deed recorded December 23, 1970, in Book I 637, Reception No. 1559406 of the Weld County Records. 6. 1971 taxes due and payable in 1972, which grantee assumes and agrees to' pay. _ Signed and delivered this 23rd day of December, 1971. • e « 7/.17,« Cp.c— ._. Reuben Sitzm�n o• S ' s e t r.. /4 t•4 i o Lydia Sitzman . ' STATE OF COLORADO ) ss F COUNTY OF WELD ) tn The foregoing instrument was acknowledged before me this 23rd day of N December, 1971, by Reuben Sitzman and Lydia Sitzman. WITNESS my hand and official seal. 0' My commission expires: ' _ 4.......se wu. . (loin•ey IS. 197< ii L2-1,`� % '�iG`,C-� • Note laic .1 l u 7 L 1 p. ,, '" 9;L'T -- 6 4t8085iii"t cl(t00 TL-i2.330 'Lsp4 re„yr�v„: ■Berlel • P at P i�2 R6�► ,' a,_:_�IlI.�B 19 3__ .__.___ 1.; ' rt , e llr?y tt71,_l N... _,...-,_r ''3, 71/e1 Yd1Y_.R.rerd.r. N } J JAI¢B M. Tim. ` a E -I whose address Is 7318 Island Circle, Boulder ate 1 i Coantiof Boulder ,State of,` t I xu , :4,4AOolorado . r for the eoaaideratioe of 5-iq . ° Ton Dollars aid Other Wed and Valuable Considers f' p•4 deaanes togit bawd paid,hereby salts) and convey(*) to O R +�f' 1 tfgtil.! t Y l ax e .A"It a • i.r ffM ;.y 4` ,aLti et '.•. r xtt, 't wheae address le 1100 M. Marigold Drive, Dense , ° `7� ��of 'k a ' purer ., , and State of Colorado `"`' s n 5; .gc�hi fallowing weal property in the j o ; s a.lir a 4 ^ County of WeldY , ''1'49,and State of Colorado,to wit: �� #? T,'ibtthreat Quarter (NW 1/4) of the Southwest Quarter (SW 1/41 of I • 1 NSection J4, Township 6 North, Range 64 West of the 6th P.M., weld County, ..) ;.. ,,,OoloradD t, y N f ills�,„ . • Al .• g R" ' k � l .., L> its tY +,' MaIs Documentary Fa , i fir' I i ; ,t ygls..._.__________. 0 I; H i ti 1^' ' ill ib'. I , k t , S s t f.. 1 • �g el4 ,i ;I • I " j .. A7 4t ill r • l p with all Its appurtenances,and warrant(a) the title to the nine,subject to.11 , tb' ,i}.flatlet odors,' reservations and easements of record, 11 anew lied evicetet • f c I :dd1973 property taxes due and payable in 1974 and all subs..qunnt year.. . 1: 7 ' tanMe land subject to existing Deeds of Trust 43e x ( r 4: • I J 'a w n' s ^' ! Signed this 25th day of octobof ,1977 . 110'4P , ,. r°9: .i Janbs It. Tull STATR OF COLORADO, d + ' County of Bouldor }n' ,'�n�....•.. •• ,ic J . • 101ad,t1 TM(ongoing instrument was acknowledged before me this 25th �%ytt• 1 . ., day of October ,1977 ,by James M. Tull `i -/• ftN" .%)v:;a .ON •,..My tommlaion expires 6-20-76 i 1 V « a' axt. ' Witness my hand and offldal seal -i r' S`'4 e...At' • Cy./Gf`-xL.*LAlk.nfj,...'�itw.tl..al..,�l. ... p � � N.rarr PN11, ,,t i ! M1100,00,4004• 11..4fel, r.1,w.ttof pormiee►ben leowl a*�*/eo or rrmfltIg loin Mwt la root+,.utM w r w. .r err mrreenn red lriw i=It=M/.,a mimic M.IIYM*r rrgae..ee M itli en=o wei reiM* .f Fre l '; rJ.i i. I 1' N S4 �i. . _ �•e.��. ':l'. Nee tn. ton*er.e.wrt Pmts 110441....Mel- •�rMasi ew'1MSN M*sma.N..os..a.-,.n i r.-"i: 'f tw Y,,-:. 4;4-14,P,3, tie. ilt: . 1 _ t _ Re a /ed.fti- .•.lM ra u DEC 3 1976 • 70511A '' r��aS Reception No MMY N4N ftU:itSl Lly Recorder. H _. I ,'1 •j I THIS DEED, Wade W6 26th day pf October , 1973 , i I I • between WANE J. HELMS of the County of Denver and state of 1 ' Colorado,of the first part,and _i JAMES H. TULLF. 1 N _J of the County of Boulder and state of s -I Colorado,of the second part, t`. 1 W ITNESSETH,That the said part Y of the first part,for and in conaldetatlon of the sum of i s Ten Dollars and Other Good and Valuable Consideration DOLLARS, to the said part/ of the fist part in hand paid by the said partY of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by i- these presents do es remise, release,sell, convey and QUIT CLAIM unto the said part Y of the second part, s his heirs,successors and assigns,forever,all the right, title, interest, claim and demand which the said � part Y of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Weld and Stale of Colorado,to wit: The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of s Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, e Colorado. �.''. i F-s 11 l kV' r.,.s TO HAVE AND TO HOLD the same,together with ail and singular the appurtenances and privileges thereunto •'; belonging or In anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever, of the said party of the first part,either in law or equity, to the only proper use,benefit and behoof of the said part y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF,The said party of the first part has hereunto set his hand and seal the day and year first above written. ,. L i 7 ... / I F-CZ/,{/�., . 7>to/ [SEAL] �;,t J Signed,Sealed and Delivered in the Presence of Duane . Hums [SEAL] V . ISEALI I PG=. A J:' [SEAL] STATE OF COLORADO, 1I( County of Moulder f µ II ,r, , The foregoing instrument was acknowledged before me this 26th day of October 1973 ,bye Duane J. Helms 7�ii 1 My commission expires 6-28 ,1076 .Witness my hand and official seal. z �: J ": Notary Public `. y <-#..: ems: y.........o� e sZ ,,,,061,1...... , o. - , 31;. s.. by eet, nmenIns.or Caineml pan insert same or tents;If by L yeses aetma a npneenfat pi or caporal iby1 rn emu Iatlprny.ln.het then Insert am et nee u neeebr,at�lo1erma� In or l of olh a apaaltr or dawrlp(len I it Dr (lla.r f OMaMfldlweelraq Ill-a•l eelendp tyrbed a1a jlY Inl dael er r1a1r p(tlpfe p(NCD eerpelellOC.naTlna IL—af0fvlory No.$31.QUIT CLAIM DRD.—)Mfeed NIH ON'On.194411 asses Marren Denver,Oslwade—l-L IT t N 4E $ - � t 41 y 1 ' '� Iii -' .1,1:;;;..f A s 7 •ter tl ♦ "_ S't�.� •'1,4('''..4.(' t s if' rT D' ' •f ( (, l , r . , •ti i N �a- f r J4 1{ q • . � tatL .+1 rd i ii 4:11.--4 I' r - l I /- ;.*.t.r, CF it ly ! e` 7s3 secorded attel....._. . _._..---o'clock..('. N.,..._se eC 3 1976 .....--- s,' Reception No 1705122 WAY ANN FEUERSTEIN -' Recorder. Id Tm5 DEED, Made this 3rd day of December , 1976 r between James H. Tull •' L . .fthc Co^ .. o.,.n re. and.t of t. I'', • ,,, Colorado,of the first part,and^, II F. THE BRISCOE LAKE "480" , a Limited Partnershi¢ �. `„ O of the County of Boulder and state of II ,- Colorado,of the second part, WITNESSETH,That the said part y of the first part,for and in consideration of the sum of d_ n Ten Dollars and Other Good and Valuable Consideration DOLLARS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof Is hereby confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by ' these presents does remise, release, sell,convey and QUIT CLAIM ante the said party of the second part, ,J his heirs,successors and assigns,forever,all the right, title, interest, claim and demand which the said a ,l party of the first part ha s in and to the following described lot or panel of land situate, lying and :C' being In the County of Weld and State of Colorado,to wit: e � The South Half (S 1/2) and the South Half (S 1/2) of the North Half ,,t ", M r1 I (N 1/2) of Section Thirty-four (34) , Township Six (6) North, Range W Sixty-four (64) West of the Sixth Principal Meridian, EXCEPT 62. 44 o acres, more or less, included in Briscoe Reservoir, TOGETHER WITH .'� easement to have the use of the land around Briscoe Reservoir to farm or otherwise use and also to have the right to permit cattle -T. 1.. and -other livestock to run to said reservoir in order to obtain water, P. r. and also the right to pasture in and around said reservoir, and the ,t^right to hunt around said reservoir. The excepted portion for the , Briscoe Reservoir is described as being the reservoir now existing, , the boundaries of which include that area within the fence as now I located along the northerly and easterly side of said reservoir and the dam as now existing along the southerly and westerly side of said reservoir. TOGETHER with the benefits and burdens of Agreement_ I. for tile drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares of the i”I capital stock of The New Cache la Poudre Irrigating Company; six (6) preferred rights from Fossil Creek Reservoir represented by Contract ,,,,. I Nos. 12 to 17 inclusive; thirty-two (32) shares of the capital stock of The North Side Lateral Company; twenty-four (24) shares of the }`-� capital stock of The Blaine Lateral Company; and 50 acre feet of water allotted to said land by Northern Colorado Water Conservancy -�� District by instrument recorded May 1, 1939, in Book 1044, Page 50, we Weld Weld County Records. air.: d, fp.• — • , -- . - - -- _ Wa`tr.., -•.(. gP r.ljp4?t4l ,!. fiq<?1 :, r i is Lj r.. "°4783 1705122 02Z F Fi�:v.. y. rv'Y-i I, tY 'hie- . TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the g d . said party of the first part,either in law or equity, to the only proper use,benefit and behoof of the said z.,. part of e second part, his heirs and assigns for . ,.e.< IN WITNESS WHEREOF,The said part y of the fi .t . %pas h set his hand slid seal the day and year first above written. 7 tca �ames H. Tull/er [SEAL] It". Signed,Sealed and Delivered in the Presence offWS„e;; [SEAL] II I '. [SEAL] [SEAL] z'-": ti`— STATE OF COLORADO, 1 -'-} SS. County of Boulder n�a The foregoing instrument wan acknowledged before me this 3rd day of December 19 76,by James H. Tull .L I 1.: My commission expires , 19 r September 2SO•Witness my hand and official seal. „>iy' • 4-1 t]�� rr - ;,la Notary Subtle. O o £.°If by aytttonten n:ninn natural linen nine of wn here errrson as executor. e.`n or.attorney -ert name or names;miactermon acting la 000thf ether th rr monks such deeeecrri n sat;presentative or official t ie ffloat:of ars a teao-ty or as q�� [ - Aeenom]edonenf.Bee.Itrd-1 colorise MrWd Bbtatea lilt. t r. a No.933.QUIT CLAIM DCDD.—andferd Paalaalnr 4..'reLM Sant Street,Denver,fbbtade—O42 1c D , t "Y"'•s• -=r n.- ;, fin v vv w.t, , bk`s tr r.r-r- Whi v ra , ' 'W -7".----"n:71"--1"-:77".1? M n i (: )- °"°'783 �, 1 DEC 3 197c 1705123 _:, <. _.. - , ,.e n. Reorder —' 1h INSTALLMENT LAND CONTRACT THIS CONTRACT, made and entered into this 3rd day of December, 1976, by and between The Briscoe Lake "480", a Limited Partnership, ,-� hereinafter called "Seller" and W.S. Howard and W.G. Howard (Tenants a in Common) hereinafter called "Purchasers", a WITNESSETH: ••O r r i In consideration of the sum of Ten Thousand Dollars (610,000.00)'' c in the form of a promissory note (due and payable on execution " 's. 7.- _ hereof) executed by the Purchasers and payable to the Seller's r. s ,Li,,\• real estate broker (Home Real Estate) as part payment for the eS =-:,,1`. hereinafter described property, receipt of which is hereby acknow G lodged, and in further consideration of the mutual covenants hereinafter set forth, it is agreed and stated as follows: 1. In accordance with the terms and conditions hereinafter set forth, Seller agrees to sell and Purchasers agree to buy the following described real property with improvements situated in the County of Weld and State of Colorado, to wit: (See legal description attached as Exhibit "A" and incorporated herein by reference) excepting easements, rights of way, leases, tenancies, and agreements o£ record or in place and subject to zoning restrictions and building restrictions imposed by the County of Weld and State of Colorado and further " subject to recorded mineral reservations; and, including all ;;) rights of way and easements appurtenant to the hereinabove des- , $t cribed ert ro p p y, all improvements presently located thereon, `Si— and all fixtures of a permanent nature, if any, in their present 4�''� condition; said property with improvements being known as the A Briscoe Farm subject to the following encumbrances: (a) A deed of trust securing a promissory note executed k.. by Reuben Sitzman and Lydia Sitzman for the use of Nancy Petrikin Menoni dated December 21, 1970 and recorded December 23, 1970 on Film 637 as Reception Number 1559407 on the records o£ the County Clerk and Recorder of the County of Weld and State of 2 Colorado; and, I State Documentary Fee i.1 L p. ,-i'c=x--ne+•-wF+ rit.#'7 �.i 71 v+Y'rF°^'" Z-r+,«r .a«.,r.e'•^ 4-T^'s ,:'=i'n'n �wryF *"... i . _ _..., , i-i %Az 1705123 th (b) A deed of trust securing apromissory*. note ere- '51* cuted by James H. Tull for the use of Reuben Sitzman and Lydia < Sitzman dated December 23, 1971 and recorded December 23, 1971 9s 'r a on the records of the County Clerk and Recorder of the County of Weld, State of Colorado in Book 659 as Reception No. 1580815. Price to include the following personal property: one 10 horsepower electric pump and motor. 2. Concurrently with the execution of this Agreement, the . A I parties have executed an escrow agreement incorporating the terms � -: it/ ' I hereof with 4Tie4y4L STn TF .44)2.4:4-.)X.44)2.4:4-.)X lz� Agoe�:c.ne--, Colorado, as escrow agent, and the Seller has executed and delivered i to said escrow agent a general warranty deed conveying the above- describedproperty to the above-named Purchasers which deed is to be delivered to the Purchasers upon full payment of the purchase I price in accordance with the terms hereinafter set forth; Purchasers have executed and delivered to escrow agent their quit claim deed conveying the above-described property to the Seller which I is to be delivered to the Seller in. the event of Purchasers' j Idefault in compliance with the terms of the promissory note described 3v herein, or default in compliance with the terms of this Agreement. a. 3. Purchasers agree to pay to Seller as the full purchase '`. price for said property the sum of Four Hundred Thousand and Y is i'S No/100 Dollars ($400,nnn nn) payable as follows: F Purchasers' $10,000.00 promissory note receipted for P by Seller's broker (Home Real Estate) which note and an additional sum of Fifty Thousand Dollars ($50,000.00) shall be paid to Seller on execution hereof; the balance of the purchase price hereinabove set forth shall be paid as follows: (a) Purchasers executing, delivering. and making pay- L. ments pursuant to a promissory note which is hereof and a part ,... L incorporated herein by reference, made payable to the Seller r in the. principal amount of Three Hundre. Forty Thousand and No/100 ;'• Dollars ($340,000.00) together with interest at the rate of Eight ,- percent (8%) per annum and payable in three equal annual installments 11 -2- A 1 A ', ?+ .y., ...,,+r •g*Ksfas� v <R^ .ws+p sc e.- ';"r ^ ,vC taa _ ,VarDle:7- 1705123 l -Za of Seventeen Thousand Dollars ($17,000.00) principal plus accrued I.. interest with the first such annual installment due and payable on the 31st day of December, 1977, the second annual installment I m'9 due and payable on the 31st day of December, 1978; the third { TT - annual installment due and payable on the 31st day of December, L 1979; on the 15th day of December, 1980 the entire unpaid principal L� F'. r;, balance plus accrued interest shall be due and payable in. full. (b) Purchasers acknowledge that by execution hereof c'. they assume and agree to pay general property taxes, assessments, water assessments, ditch assessments, hazard and liability insurance . premiums applicable, if any, and all expenses related to the property hereinabove described from the date hereof; and, Purchasers 7- shall make these payments by remitting said amounts to the Seller It ;. concurrent with the annual installment payments provided for in the note referred to in paragraph 3(a) above; Purchasers agree to pay and be liable for future increases in taxes, assessments, :� expenses or insurance. "f; (c) General taxes and assessments for 1976 shall be paid by the Seller. 4. Purchasers hereby expressly agree that if the holder k of the promissory note referred to in paragraph 1(a) agrees, upon Seller's request to accept all sums due prior to December gk 4a' 15, 1980, then, in such event, Purchasers shall use their bes il efforts to qualify for and obtain refinancing on the property -J 3• ' Or described hereinabove on terms currently prevailing in the real estate market; Seller agrees to be liable for and pay costs incident to said refinancing limited to a reasonable "loan origination" ' Ft or "front end" fee charged by a commercial lender. Seller agrees F to cooperate with Purchasers to obtain said refinancing. 1 If. after a period of ninety (90) days from the date when Vie: . the holder of the note described in paragraph 1(a) above agrees :- hi' to accept full payment of the sums due v der that note, Purchasers, `. after diligent effort, are unable to obtain a commitment forrk said loan, it is agreed that Seller, at his sole cost and expense, 6, -3- IA I .4 tw.. .. - ' -, ., '.,. :.rav�.abF✓rts-..+.x »;+'e.,s, .r, ,;.<47:r3 ,. -..r.1.w.. v " . e ' • • 783 3'705123 -Yi shall make application for and obtain refinancing which will,ill " '1 thereafter be assumed by the Purchasers upon the recording of the Warranty Deed to the Seller and the Deed of Trust for the benefit of the lender; said refinancing shall be on terms then.tl prevailing in the real estate market for loans of the nature r herein contemplated, 5. Possession shall be delivered to Purchasers at the date of the execution hereof. 6. In the event of default by the Purchasers under the terms of this Agreement, Seller may give written notice of such . default to either Purchaser and if said default is not corrected 4;,• within sixty (60) days of such notice, the escrow agent shall, upon Seller's demand, redeliver both the warranty deed and quit claim deed to the Seller. Time is agreed to be of the essence of this contract, and t), in the event this contract is terminated as hereinabove provided, the Seller shall have the right to reenter and take immediate possession of said property, and the Purchasers agree immediately to surrender and deliver up the same peaceably to the Seller, and if the Purchasers shall remain in possession thereof after such termination, the Purchasers shall be deemed guilty of forcible detainer of said premises under the statute and shall be subject `-� to eviction and removal forcibly or otherwise with or without process of law. 7. It is understood that Purchasers do not assume the prior z.,4,/;4_ -I encumbrances on the property and that Seller shall make all pay- �.. ments thereon as they become due and owing, and shall fully dis- "_ charge said encumbrances prior to or simultaneously with delivery of warranty deed to Purchasers. In case of failure of Seller _ <. to make such payments as they become due, Purchasers shall have the right to make such payments and to deduct the amount thereof from the installments due and owing the Seller or any additional installments to cover amounts to be paid by Purchasers hereunder. -•'� At no time shall the amount owing on any Present or future encumbrance .,p I +re•. r+�a r ;;i . W r;r- x'44 KPt ,oar -mfr.+- , T--xr+i.v-- +ersemr7 783 1705123 H Iexceed the unpaid principal balance owing under this contract. i 8. Purchasers shall not make any major alterations or addi- j. tions to said property without first obtaining permission of I . i the Seller, which permission shall not be unreasonably withheld. I.. All expenses incurred in making alterations, additions, or improve- ments to said property shall be promptly paid for by Purchasers. k,, I „ Purchasers further agree not to create any lien or encumbrance upon said property without the written permission of Seller and E'�r by so doing, will be in default under the terms hereof. In the event any of the improvements hereon shall be damaged or destroyed byfire orothercasualty prior to the delivery the deed as xv'=. a I . herein provided, the Purchasers shall, nevertheless, be obligated to carry out this Agreement despite such.damage. Purchasers ? further agree to insure Seller's interest in the improvements ?,e t- located on the property for the replacement value thereof not F - to exceed the unpaid balance of the two notes referred to in l',1 4 iparagraph 1(a) and 1(b) above. ii 9. The parties hereto acknowledge that they have read and understand the terms of this Agreement and' the exhibits, promis- sory notes and Escrow Agreement, which are a part thereof; the parties further acknowledge that they have consulted with such persons as they desire (including attorneys or counsellors at cW`I . law, accountants, or other advisors) prior to the execution here- of. I 10. seller agrees at his expense to provide Purchasers l� with evidence of good and sufficient marketable title in the ce1 e7Y0_ pC form of a commitment from a title insurance company reflecting Purchasers' interest after recording of this contract in the Office of the County Clerk and Recorder of Weld County.II pp 11. The terms of this agreement shall be specifically enforce- able by the parties; the parties agree that in the event this '' Agreement is recorded, Purchasers shall reconvey the property and water rights described in Exhibit "A" to Seller or Seller's E ' Idesignee only for the purpose of obtaining the refinancing referred Tit .�,... Mr r t .y �•sty a .jw� n^A^'.^'!' d,Sgae ... ..... Tn T's3'';"'fi'C`'py"`.+ r9yiT*'�' 1705123 S a to in paragraph 4he:einabove. _ IN WITNESS WHEREOF, the parties have hereunto set their hands and seals. 'rr -- SELLER: PURCHASERS: t, v The Briscoe Lake "480", a Limited I Partnership � �r�so '" W.S. Howard ourt-Square Investment Co. , L.-/-`1 (�G,, -.Y s'CdTT,.4orado corporation, W.G. Howard , ':Generkl.taartner '- ,}ten .5e'. Se ra _ As i stant�^. '- STATE OF COLORADO ) ` ) SS. , COUNTY OF BOULDER ) "x; Subscribed and sworn to before me this 3 day of -I' << . . 1976, by W.S. Howard and.W.G. Howard. Witness my hand andJ� Oki � , seal. DI- r l 0 4 +- My Commission. Expires: :7).,./ 7/ /c7(.• • nor;�- - s ,iteq c.� ..,/ .,-Ick(SEAL) � Notary/Public 'N fca n N-yr .- 8f STATE OF COLORADO ) 4.. . ) SS. COUNTY OF BOULDER ) B/ ', Subscribed and sworn to before me this , „ 4 ' day of , ..,./s 3 ir . , . t • 1976, by James H. Tull as President and Rayne J. Johnson as Asst. ft .4.... Secretary of Court-Square Investment Co. , a Colorado cor�,p,po,ration, ` re : O General Partner of The Briscoe Lake "480", a Limited ff`+ k 1':., I Witness my hand and official seal. In J - •.Y " . � . My Commission Expires: (0C-/ // 7 2' - ll8w.F YefY (SEAL) Notary/6ublic ,..7 t a s „: kg ^. !:/•I . Ii N E - ti'. -6- ; „y r qq �r Y 1 3'735123 1-7 R , i EXHIBIT "A" { i. The South Half (S 1/2) and the South Half (s 1/2) of the North Half ! ' (N 1/2) of Section Thirty-four (34) , Township.Six (6) North, Range �.,. '. Sixty-four (64) West of the Sixth Principal Meridian, EXCEPT 62.44 ; 1 acres, more or less, included in Briscoe Reservoir, TOGETHER WITH r - easement to have the use of the land around Briscoe Reservoir to I( farm or otherwise use and also to have the right to permit cattle i and other, livestock to run to said reservoir in order to obtain water, r- and also the right to pasture in and around said reservoir, and the g: right to hunt around said reservoir. The excepted portion for the Briscoe Reservoir is described as being the reservoir now existing, E ,. the boundaries of which include that area within the fence as now located along the northerly and easterly side of said reservoir and . the dam as now existing along the southerly and westerly side of said reservoir. TOGETHER with the benefits and burdens of Agreement for tile drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares of the capital stock of The New Cache la Poudre Irrigating Company; six (6) preferred rights from Fossil Creek Reservoir represented by Cos—sac,. Nos. 12 to 17 inclusive; thirty-two (32) shares of the capital stock • of The North Side Lateral Company; twenty-four (24) shares of the 1 capital stock of The Blaine Lateral Company; and 50 acre feet of 4` water allotted to said land by Northern Colorado Water Conservancy District by instrument recorded May 1, 1939, in Book 1044, Page 50, Weld County Records. (Kr/IA-1 ;;;; i. _. 1 #f t i t. . 3 I :l ft r sc tr 2._:.a s a JUN 29 1977 BOOK Recorded at...._/el o'clock a2M,..._...._ 1723133 MARY ANN FEUERSTEIN i,., 801 Reception No I Ra cyder. Tins DEED, Made this 3rd day or December ,1976 , • ! bet'ceen W,S. Howard and,W.G. Howard (Tenants in , . Common) of the County of and state of t-T Colorado,of the first part,and The Briscoe Lake "400", a 1,:{ Limited Partnership , 1301 Spruce Street, I' N Suite 201, Boulder, Colorado 80302 1— of the County of Boulder and stete of eJ Colorado,of the second part, WITNESSETII,That the said parties of the first part,for and in consideration of the sum of other e good and valuable consideration and TEN and NO/100 -DOLLARS. ! r to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof I ; to is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by I ' o these presents do remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, L. l o its Ib X,Ssucceesore and assigns,forever,all the right, title, interest, claim and demand which the said 0 parties of the first part have In and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado,to wit: f— See legal description attached hereto as Exhibit "A" II t: :1 r; (for title purposes only - no documentary fee) I I:.?,'- 1 C 1I' -4 `t, N TO HAVE AND TO HOLD the same,together with all and singular the appurtenance,and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the said parties of the first part,eithe 1`n law oLL uity, to the only proper use,benefit and behoof of the said y p �i9Cdrgesd' e part of the second ergSts m asel ne forever. IN WITNESS WHEREOF,The said part lea of the first part have hereunto settheir ham$ -4p,. and seals the day and year first above written / "' ,... .... .. ....Sr---r.... -- L] I l' *5: l Signed,Sealed and Delivered In the Presence of W. . Hg and fi�.. W.G. Howard 4�'.C. . .. (SEAL] I'../:-. . [SEAL] I '. f it I STATE OF COLORADO. :: ;' M County of Boulder �s lh;I a'i g The foregoing Instrument was acknowledged before me this 3rd day of."aggeslb r 1976 ,by W.S. Howard and W.G. Howard. :' ,V........' My commis,lon expires Cede // , 19 YO.Witness my hand and official hal.1 7'.1.1.-/r) `•�N- `. ei ''tr : /9 S l"d - l . • No.933.QUIT CLAIM DfRD.—arJf..nI htlbIlne Cp..1124.I. 6 1,Bones BUM Down. bnle ,)e I ( .! S'•M:... i' N l- x:1'47 .. • BOOK • i 801. 1'723139 ,? - c2 EXHIBIT "A" The South Half (S 1/2) and the South Half (S 1/2) of the North Half (N 1/2) of Section Thirty-four (34) , Township Six (6) North, Range Sixty-four (64) West of the Sixth Principal Meridian, EXCEPT 62.44 acres, more or less, included in Briscoe Reservoir, TOGETHER WITH easement to have the use of the land around Briscoe Reservoir to farm or otherwise use and also to have the right to permit cattle and other livestock to run to said reservoir in order to obtain water, and also the right to pasture in and around said reservoir, and the right to hunt around said reservoir. The excepted portion for the +'• Briscoe Reservoir is described as being the reservoir now existing, the boundaries of which include that area within the fence as now located along the northerly and easterly side of said reservoir and the dam as now existing along the southerly and westerly side of j. :- said reservoir. TOGETHER with the benefits and burdens of Agreement for tile drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares of the capital stock of The New Cache la Poudre Irrigating Company; six (6) 't+ preferred rights from Fossil Creek Reservoir represented by Contract Nos. 12 to 17 inclusive; thirty-two (32) shares of the capital stock of The North Side Lateral Company; twenty-four (24) shares of the capital stock of The Blaine Lateral Company; and 50 acre feet of water allotted to said land by Northern Colorado Water Conservancy I,•,:'� District by instrument recorded May 1, 1939, in Book 1044, Page 50, Weld County Records. ,• ♦Y Cr;'r , v L" -.` 9 . '1 r ' ! 4,' .t ' f ., {r_ t • 7 i, ):t IT + �r v as /�� , o _eooK Recorded at- 7..0 o'clock `1_M., ...JUN 2 9 1977 ,-- 4. 1' SalReception No...._..1 2.V.,A 4Y.... ...__-.._._._.._ _ RY ANN FEUERSTEIN.._Re<order. t.,-CD ii .1-Irn RECORDER'S STAMP II THIS DEED Made this 2nd day of June _ ' 19 T 7 ,between The Briscoe Lake "480", a Limited •i Partnership Slate Dumenlary Fee c-, of the x County of Boulder and State of Col JUN 2g 1977 Ili 'o- Date 2 9.-_. _- o ao,of the first pare,.na Wadsworth Exeavatiny Company, redo, ; .. :-r Inc., P.O. Box 423, Arvada, CO 80001 a"--- `3 y' no ° �i a corporation organised and i� r‘t existing®der and by striae of the laws of the State of Colorado , r✓ of the second part: e WITNESSETH, That the said party of the first part, for and in consideration of the aura of o --THREE HUNDRED FORTY THOUSAND AND NO/100ths to the said part y of the first part in hand paid by the said DOLLARS o mparty of the second part, the presents whereof in �, n in hereby confessed and acknowledged,m S granted,bargained,sold and �I ran bargain, eonreyt, and by these does o o grant, sell,convey and confirm,unto the said party of the second part,its successors and assigns forever, I' o p all of the following described lot or parcel of land,situate,lying and being in the �,-• County of Weld o Li and State of Colorado,to wit: 0 See legal description attached hereto as Exhibit "A". .- 1,4 CT ."..2 Subject to easements, rights-of-way, leases, tenancies and agree- N-- ments of record or in place and subject to zoning restrictions and building restrictions imposed by the County of Weld and State of Bg " Colorado; subject also to recorded mineral reservations. cIIr'i t'.:1471j .4 ra II TOGETHER with all and singular the hereditament. and appurtenances therewith belonging or in anywise "t.v appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof; and all I '1/4".J1 the estate,right,title,interest,claim end demand whatsoever of the said part y of the first a or equity,of,in and to the above bargained premises,with the hereditament.and appurtenances. p rL either in law La - • TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, P..-.;;-:, said arty of the Bond Cart,Its successors and assigns unto the :5 suc essc AR anti �Sgign4 forever.And a said rant of the first part.for ltS21£, ��•'•` . OC AMAXegEatp)p(tmd; tlCKpy;do es covenant,grant,bargain and agree to and with -,the saidI' 1':,: ;party of the second part, its successors and assigns, that at the time of the esssaHf and delivery of I. these presents, it is wen Seized of the premises above conveyed, as of good. mire, perfect, absolute and I� Indefeasible estate of inheritance, in law,in fee simple,and has �'r$'( good right,full power and lawful authority to II.gent,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from "' ,s all former and other grants,bargains,sales,liens,taxes,assessments and encumbrance.of whatever kind or nature -��.- soever, except current and subsequent years' taxes which party of the ', a.I .Y )O' second part assumes and agrees to pay, :-.--- 34 DD and the above bargained premises in the quiet and peseefW i �_I,, successors and possession of the sold party of the second pert, Ira assigns,against all and every person or persons lawfully claiming or to claim the whole or any pa thereof,the said party of the lint part shall and will WARRANT AND FOREVER DEFEND. 9j �4 IN WITNESS WHEREOF,The said party of the fine part has hereunto set its handI 'and beat q-:the day end year fiat above written. ' 141. " ' •::i(e The Briscoe Lake "480", a Limit led "'ytr�iSS ttfitvyq,'Sesed And DeRyeTed in the Presence of Partnership by ,ii ryl ;in'*,I & ;;gstanr— Court-Square Investment Co.,, aa -t.r iIi� :I :::•-r.y STATE OF COLORADO, I'' at -i County of ss' r e. 1� The'foregoing(instrument was acknowledged before me this 2nd day of `'gy�tpry,, �I fg7'T•,{.b§.0 1'es H. Tull as President andElayne J. Johnson as/Secretary of I fLh,�y':.1' -Court-Squafe+Investment Co. , a Colorado corporation, General Partner of rt3:a .,I r• i�Hy eaddlachttegfies 9-2-80. The Briscoe Lake "480", a Limited Partner- F' ship. •a s WITNES `ncy limed and official seal, . Naarr TMt _ Ne.952. WARRANTY DEED TO CORPORATION—Pr PM4p b R.gan,t i: „ —Inater4 Paae.sYe Oa_Mae.Amon SM•l D...-611"4, IA'. Ce.i_ '" a•:+.yr— .y'Q�• it r n .' � f ;�'f y✓. �. ' 1: /F rG','4' b)•lu BOOK t' ') :M.,. • ' '1 801 17231.70 I a. ' 5 2 I. 1 L— ' EXHIBIT "A" I. Iii: The South Half (S 1/2) and the South Half (S 1/2) of the North Half SI (N 1/2) of Section Thirty-four (34) , Township Six (6) North, Range Sixty-four (64) West of the Sixth Principal Meridian, EXCEPT 62.44 acres, more or less, included in Briscoe Reservoir, TOGETHER WITH • easement to have the use of the land around Briscoe Reservoir to farm or otherwise use and also to have the right to permit cattle `?'and other livestock to run -to'said reservoir in order to obtain ware and also the right to pasture in and around said reservoir, and the right to hunt-aroundsaid:reaervoir.- 'The excepted portion for the I:'w_;pBriscoe Reservoir:isdeacribed'as beingtthe reservoirnowYexisting, } the boundaries of which include that area within 'the fence as nowlocated along the northerly and easterly side of said reservoir and the dam as now existing along the southerly and westerly side of 14 h said reservoir. TOGETHER with the benefits and burdens of Agreement y, for tile drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares the ': capital stock of The New Cache la Poudre Irrigating Company; six (6) • preferred rights from Fossil Creek Reservoir represented by Contract L. Nos. 12 to 17 inclusive; thirty-two (32) shares of the capital stoc? of The North Side Lateral Company; twenty-four (24) shares of the :4 capital stock of The Blaine Lateral Company; and 50 acre feet of . water allotted to said land by Northern Colorado Water Conservancy . District by instrument recorded May 1, 1939, in Book 1044, Page 50, ..t:District Weld County Records. '27 V f. '1.li 1 ,_ . ,a 4,:.'1'.-.1'. 4� - • V' +Task( Yt:^' jl 0. < ..cn, .rr 1 ti f 1.:L.ti:',11:::::''' ;.r.l 1 1 i y .a 1 ' V C4 .BOOK a' 802 'beaded a R °° a•tla 4 _ . JUL 11 1977 Re c. 1'7240 3 Mary Mn Fw.wtt.Iry Rco.d.. s 4/• l • I QUITCLAIM DEED _ P rm WADS'WORTH EXCAVATING COMPANY, INC., a Colorado corporation, ; cd a 5530 Wadsworth Blvd., City of Arvada, County of Jefferson and • mi State of Colorado, without consideration, hereby quitclaims and k • contributes to the capital of ROWLEY, INC., 5530 Wadsworth Blvd., M I o City of Arvada, County of Jefferson and State of Colorado, all of o o its right, title, and interest in and to the following real property situated in the County of Weld, State of Colorado, j to-wit: c _21 c q (See legal description attached hereto e ® as Exhibit A and incorporated herein by I this reference thereto.) F t i with all 1ta appurtenances.NIN WITNESS WHEREOF, Wadsworth Excavating Company, Inc. E has caused its corporate name to be hereunto subscribed by its S G President and its corporate seal to be hereunto affixed, attested t I by its Secretory, thin a9 t< day of June, 1977. ,- ".CN �T`110' WADSVDRTH EXCAVATING COMPANY, :NC. •tom • ,�I� Lei ' , I •.s : , l1..'...•:.•-- Dy _ 7 -�.• ••^ '•�• • Marvin J. ^owley, Presidr e '•COtQGIt$- yy ATR6oi`!•' p �X )I)I e F ll ellie E. Rowley, Secr ry h r 11 E t R I ar v r m. • 5OOK 802 1'%2•]0:3 S • '1 r•r, The foregoing instrument was acknowledged before me this p2171-4 dsy of June, 1977, by Marvin J. Rowley as President and Nellie E. Rowley as Secretary of Wadsworth Excavating Company, •.,g Inc., a Colorado corporation.My T p commission expires fA.✓dHRv a', /97' r-2 19, ^� , ,^"""" Witness my hand and official� seal. ci- - al 12 d//art.. ', -,•, pLf Ett\t+,y Notary Public A ,i ..p9 • QXs. -5 ?.LS t cd • 7:717 az it. r}a Ls4 h4i t4 14 ✓`I Fbll wit BOOK d : i • 802 EXHIBIT "A" 1724O33 N 3 The South Half (S 1/2) and the South Half (S 1/2) of the wuer- North Half (N 1/2) of Section Thirty-four (34) , Township Six fgf 4gr.7F*? (6) North, Range Sixty-four (64) West of the Sixty Principal Meridian, EXCEPT 62.44 acres, more or less, included inPry Briscoe Reservoir, TOGETHER WITH easement to have the use of the land around Briscoe Reservoir to farm or otherwise use lc and also to have the right to permit cattle and other c:'„l,' livestock to run to said reservoir in order to obtain water, MI and also the right to pasture in and around said reservoir, ?*, and the right to hunt around said reservoir. The excepted �i" portion for the Briscoe Reservoir is described as being the F' reservoir now existing, the boundaries of which include that RI area within the fence as now located along the northerly and easterly side, of said reservoir and the dam as now existing; an along the southerly and westerly side of said reservoir. K34121 TOGETHER with the benefits and burdens of Agreement for tile t Plan __ E drain line recorded June 17, 1960, in Book 1560, Page 382, Weld County Records. TOGETHER with thirty-two (32) shares Lin of the capital stock of The New Cache la Poudre Irrigating i Company; six (6) preferred rights from Fossil Creek Reservoir ?444�,, represented by Contract Nos. 12 to 17 inclusive; thirty-two r`. Pr--- ill (32) shares of the capital stock of The North Side Lateral R4�:'fi ----- LW Company; twenty-four (24) shares of the capital stock of The Blaine Lateral Company; and 50 acre feet of water allotted Frr to said land by Northern Colorado Water Conservancy District LI by instrument recorded May 1, 1939, in Book 1044, Page 50, Weld County Records; -1 iZli _ Vii al 1 • .. _ i Yl 1 soo 802 1724053 TOGETHER WIr'H a portion of the E 1/2 NW 1/4 of Section 3, -- - Township 5 North, 'Range 64 West of the 6th P.M., Weld County, Colorado described as follows: Lot 2, in Minor Subdivision, 0963-3-2-MS-17, recorded November 30, 1972, in Book 68!. as Reception No. 1602656, Weld County Records, and re-recorded December 28, 1972, in Book 682 as Reception No.' 1504374, Weld County Records, Together with 65 shares of Briscoe Irrigation Company. Subject to easements, restrictions, rights-of-way, leases, tenancies, and agreements of record or in place: and .thject to zoning and ii:!it_ -'-- building restirctions imposed by Weld County, Colorado, subject also to recorded mineral reservations; TOGETHER WITH the S 1/2.'of Section 25, All of Section 36, and the N 1/2 of the NE 1/4 of`Section 35, all being located in T. 7 N., R. 61.W., 6th P.M. All of Section 1, All of Section 2, All of Section 11, the NW 1/4 of'Section 12, all being located in T. 6 :;. , R. 61 W. , '-- 6th P.M., in all comprising 3120 acres; EXCEPT THE outstanding ---- 9/3Z interest of Lorna Aileen Ryan in and to the '4 1/2 NE. 1/4, II SE 1/4 it 11/4, and NW 1/4 SE 1/4 of Section 11, T. 6 N. , R. 61 W. • -2- I 9 '' �' Reteptl .Z�Qa3.$0_ __._.�AWRY APef FEUFRSTTII v G ` 522 Recorded at. a.?1.._�leek{J—M f.E.B._.7..]978_..-=— e-' m Recorder's Stamp - �I Tina Drew, ode this ZNC 1st day of January , ' 10 78,between 'rn-, •'!', •corporation duly organised and existing under and by virtue of the laws Stale Documentary fee I :It Np fT � dew State of CO lorado of the first pad,end fkra�EB 71978 ;,' o W. S. HOWARD, an undivided 1/2 interest and =_YLn.7 • co DUANE D. LAHEY, an undivided 1/2 interest a I'.' whoselegat addresser 1000 S. Geneva, Denver, Colorado of the County of Weld end Sate of 2- { {' ei Colorado of theseemtd part: • pj . • • WITNESSEPII,That the said party of the finet part,for and in consideration of the sum of i I FOUR HUNDRED TEN THOUSAND DOLLARS, • ,j 0 to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof Is here- .-t is by confessed and acknowledged,hath granted,bargained sold and conveyed,and by these presents dotb grant,bar. 0 �... o et gain,sell,convey and confirm unto the said parties of tits second part, their heirs,and assigns for- a i i 1 - o ii p ever,all of the following described lot or parcel of land,situate,lying and being in the o f; County of and State of Colorado,to wit: t See Exhibit A attached hereto t` dr,W m + it 14 t.. l also known as street and number I .t•.TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or in anywise r, appetdaing,and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, fi t-i tight,title,Interest,claim and demand whatsoever of the meld party of the first part,either In law or equity,of,in .a and to the above bargained premises with the hereditaments and appurtenances. . - of :. • TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said parties , of the second part their heirs and assigns forever.And the said r'.a party of the first part,for itself, [; and Its successors,doth covenant,grant,bargain,and agree to and with the said part ies of the second part, ' - their heirs and assigns,that at the time of the ensealing end delivery of these presents it is well »!1 seised of the premises above conveyed,as of a good,sun,perfect,absolute and indefeasible estate of inheritance,in x.11 law,In fee simple,and bath good right,full power and lawful authority to rant,bargain,sell and convoy the same oil in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains, sales,liens,tun,assessments and ineumbrances of whatever kind or nature soever; subject to general H,,; p taxes for 1978 and subsequent years; easements, restrictions, agree— p„ " b meets;- leases, rights of way of record or that may be ascertained ic. by physical inspection of the property; building and zoning regula— kti' h. tions; and reservations of mineral interests of records on June 29, 11, 1977; "I and the above bargained premises in the quiet and peaceable possession of the said parties of the second part :41their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole i or any part thereof,the aid party of the first part shall and wilt WARRANT AND FOREVER DEFEND. J IN tt't 8'ESj WHEREOF. The said party of the first part bath caused Its corporate name to be hereunto •_j .. pl3dci@;d Ittt/4...''',.. President,and la corporate seal to be hereunto affixed,attested by Its t. z`i et the far be9ear first above written. •'.; . Uw/� ROWLEY[ INC. �.. .. q/`b� "i.. tt L.4 Sail -,44.4 ..Y-s-urn v'/'{�'�/ 1¢...., ,7 , ,.. ........... . .„... v r, ,,14Ir OF COLORADO, ss, : .__._...._.._._......_County of............ -q The foregoiggihdtY&Menl,was acknowledged before,e this 1/ day of it. i, 1p 8 Cs O / a 7./ Pr=and vCl Id/J� t.cce�r.la> i n f t= i ':`` - ROWLEY, INC., ocorparetion. e 1 .t at .F.- CO i j My notarial commission expires //- /6..go LT 4., t „O ; , Witness my hand anQ official seal. � ¢'/l i FA n ;' ...,.ts... • "' / Not..rPa . 43, ✓ jj a VII Na OIL WARRANTY`ial - ''febears Ina,rWAesbreaaii,Da Cthrsio—s11 .:h l A - . . 1743880Lop . ta 822Ng- s • CEXHIBIT A `1!` t y, The South Half (51/2) of the North Half (N1/2) and the South Half (S1/2) of t.F -_. Section 34, Township.6 North, Range 64 West of the 6th P.M., County of Weld, (°-s1 -State of Colorado, except the South Thirty feet (S30') and the North Forty feet ? ', (N40') for County Road Purposes and except parcels of land as conveyed by Deeds �x ' recorded in Book 194 at page 107, Book 194 at page 478, Book 208 at page 457 and !.k: Book 211 at page 196. Said conveyances are portions of that land known as The �{ Briscoe Reservoir. TOGETHER WITH easement to have the use of and also to have the right to permit cattle and other livestock to run to Briscoe Reservoir T in order to obtain water, and also the right to pasture in and around said reservoir, and the right to hunt around said reservoir. TOGETHER WITH the benefits and burdens of Agreement for tile drain line recorded 6/17/60, in Book 1560, Page 382, Weld County Records. TOGETHER WITH 32 shares of the capital stock of The New Cache la Poudre Irrigating Company, 6 preferred Cn;. rights from Fossil Creek Reservoir represented by contract Nos. 12 through 17 inclusive, 32 shares of the capital stock of The North Side Lateral Company, 24 shares of the capital stock of The Blaine Lateral Company, and 50 acre feet �- y of water allotted to said land by Northern Colorado Water Conservancy District by instrument recorded May 1, 1939, in Book 1044, Page 50, Weld County Records. TOGETHER WITH one North Weld County Water District water tap. ii?3 fi , y1 is i.a 4 • jf 'a {{sv Cy. EXHIBIT A •• 4 • ¢y(:;. I. 1 e‘-'hi ryi " �a3 i1Cu,�dh�trWu f+1CtlildYEa♦ � � y3S ic" NOVR 9 p 197_ �t Rerod,rtat 3 o'dockee_N1 n — _Rook PaRe__-_ r it — y� An uptrpn NO Z��VIa-�� it _Recorder 4.. Weld Coup+ ( i 4 I4'•tl a C thrill/t/t/ (Ik 'i!- -� `' THIS DEED is a conveyance of the real property described below, including any improvements and other 1.. tN appurtenance. (the "property) born the individualist, corporation(+I, partnetshlpfs) or other ens itylie,) •' ` .a name,! helm, as GRANTOR to the individualh)or entlty(ies)named below as GRANTEE t.' The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to • r.j the property except for(1)the lien of the general property tales for the year of this deed,...Ouch the CR ANT If '� will p tv(1)any easements and rights-of-way evidenced by recorded instruments (31 any patent reservations -I and rwrnpt nn.(4)any outstanding mineral interests shown of record(S)any protective covenants and na,ri o lion.shown of record, and(61 any additional matters shown below under"Additional Warranty Exception, a :I. • 1j The specific terms of this deed are' ur' +' o GRANTOR:to. n mePl and noc,I„d,..,hen e a the,roan.of the„«tie,-comer n nn rot. .n.,p,-.n to s-i.e. nam.,i..n„n.. ^ «.i *mitts,*mitts, as ranters hv,band con wile) : ;� W. S. HOWARD, an undivided 1/2 interest, o % `f� ��m WANE D. =J.', an undivided 1/2 interest '':I .r GRANTEE: Ion.nern.i.l And addressing, statemenr of address mci„dirt available mad or,vent number.•,rem.,ed I 0 RODERIa( R. MILLER & SONS, a General Partnership Legal Address: 7020 Wyoming Lane, Colorado Springs, CO. 80900 _r ow'ean, w me mew „!spaceblo,01 „t.,, r—0 FORM OF CO-OWNERSHIP: (II Pee .gran'!!,named fwr,wt be cn,dered to rare A. .w_ll CV rM1.-wn;`�nn,n,'envoy" ,.ern,of stir,. ,tit re.once n.w space below. ) of kk..fK ?: h :CO,' b1 PROPERTY DESCRIPTION: nor wdn county And irate I ; The South Half (SY of the Forth Half (NY and the South Half (S!1) of Section 34 t r Township 6 North, Range 64 West of the 6th P.M., panty of Weld, State of Colors o, s y, except the Srvtth Thirty Feet (S 30') and the North Forty feet ((440') for County ,i F, , Road puulxnes and except parcels of land as conveyed by Leeds recorded in Book 1 4 , y 1, * at page 107, Book 194 at page 478, Book 208 at page 457 and Book 211 at page 196 T t'.•,: i: Pis' Said conveyances are portions of that land )noun as The Briscoe Reservior. — ft'.i�' TOGETHER WITH the benefits and burdens of Agreement for tile drain line recorc3nd � , June 17, 1960 in Book 1560, page 382, weld County Records. ' =, ^� 3 DaHER WITH the following water rights: 32 shares of capital stock of The w'_ ' ...f`'- Cache LaPou Irrigation Company- 4 fe;red rights frail Fossil Creek Rese :. `' rent s otce_&tr,,r Con acts N_. 4_ S in`lusive, 32 ares of ighearntal stocJc of The "`;:Y: N�or�vt�aenbpade Lateral y; 2 s ales o se capita s oc o acne eras .^ '-: S R; 15 shares of Briscaa. Irrigation Company. ,;i�- CON IDE ATION:(Thp statement of A dollar Amount n epnonul arfmvat. n.dw,non for rot.need.m be pie, m.n„nw, con . . ron. anr.„,n.ntdied a.axdt.pas Any case this con., n e is an,otwe nn,i And tmrnnd,nnnat I • 'C•.{ ____—___—_____—SEVC4 HUNDRED FIFTY THOUSAND AND ND/100 COLLARS RESERVATIONS-RESTRICTIONS:Ill tie GRANTOR intend,to ejerve any Infrof in the p'opeitn or to cotter less than be o..n, air `; I tM1. gar e r eNt(t M,.n rh<or t aye pate one n i Reserving unto w. s. wo'war�'an�"Qiane,.5e. hfewoy, antors, o so 'PPo'nog at ✓=cfs'c ''_ , Grantee, RraPrick R. Miller & Sons, own the property, the right to fish The Bris ae Reservoir and hunt the land described above. •Irc F`A ADDITIONAL WARRANTY EXCEPTIONS:unel.idr.moneage.henna assumed And other miners not co,er.n Abnve I - Deed of Trust to the Public Trustee of the County of Weld for the use of The dt Travelers Insurance pctrpany, dated March 29, 1978, recorded April 4, 1978 in r 827 under Reception No. 1749412, Weld County Records, which the Grantee assures fl and agrees to pay. :It ii Signed on NpvPpar 16 19 79.t� ,. Attest' W. S. H0.4 an umdi ed i rest Grantor 'e //A/eLe • . f CILAYE D. L'F♦EY, an undivided tli in st Grantor STATE OE.CQLORADO ) — (•; cpk,mir s'. Grantor The1oregoostE &cr,ument was a;knowledged before me this 16th-,day of ,So . 1979 w W_ S. �yQ,�RD, divic7t17 '5 interest, WA I4-1EYi n vided 14 interest. • 4 wittrts*toy.harro and official seal `f /)..C-1-- / FL.C(4 'Z) _.. Mvtommiss(on F;P'les'. nsy,r 20, 1982. N/otary l'onhc �gur'.,.. ;: STAY€ r)k1L 1 ✓ . ,C • • 1OUNTY OF, ,per, )ss. ''-,Np(forevninglnitrument was acknowledged betnr mgr t4 a day of 1't wi TNESS my hand and nitival seal I 'bray° Prx-"umenial FM i , my commission expires - -- — p e NOV '< f`197!� Notary Pithbc I : :_/s•vA —1 ron tienA rF EEnac FORMS -� II r./ Rita n., O,aforty cotooaoo 9e+2 I i 1 r +I• AR2027023• B 1086 AEC 02027023 10/02/85 09:45 $18.00 1/006 F 1226 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO WARRANTY DEED THIS DEED, made this 28th day of June , 1985, between Roderick R. Miller & Sons, a Colorado general partnership, and Roderick R. Miller, individually, Dorothy M. Miller, individu- ally, Onea J. Miller, individually, Everett D. Miller, individ- • ually, and James H. Miller, individually, party of the first part and Colorado Livestock Production Credit Association, party of the second part: • • WITNESSETH, That the said party of the first part, for and in consideration of good and valuable considerations from party of the second part, the receipt and sufficiency of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, its • successors and assigns forever, all of the following real prop- . erty, situate, lying and being Sn the County of Wald and State y of Colorado, to-wit: See Exhibit "A" • TOGETHER with all and singular the improvements, hereditaments and appurtenances thereon and thereunto belonging or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the • estate, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above described real property with said improve- meets, hereditaments and appurtenances. I TO HAVE AND TO HOLD the above described real property with said improvements, hereditaments and appurtenances unto the • • said party of the second part, its successors and assigns for- ever. The said. party of- the first part, for itself, its part- . ners and its successors and assigns, does covenant, grant, bar- gain. and agree to and with the said party of the second part, • • i:J,ir4 ; , B 1086 REC 02027023 10/02/85 09:45 $18.00 2/006 F 1227 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO its successors and assigns, that this deed is intended to be '•_ and is an absolute conveyance in lieu of foreclosure and not a mortgage, deed of trust or security device of any kind, that • the consideration received by party of the firstT part from party of the second part in the form of relief from indebted • - , ness is, in the opinion and belief of party of the first part, equal to or greater than the fair market value of the above described real property, that at the times of the ensealing and delivery of this deed it is well seized of the above described real property, with a good, sure, perfect, absolute and indefeasible estate, in fee simple, and has good right, full • power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of any kind or • nature except a first mortgage in favor of The Travelors Insur- ance Company, dated March 29, 1978 and recorded April 4, 1978 • in Book 827 at Reception No. 1749442, general real estate taxes for calendar years 1985 and thereafter, easements and rights of way, of record, if any, and those matters described on a Exhibit A attached hereto, and that the said party of the first part shall and will WARRANT AND FOREVER DEFEND the above described real property in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through or under said party of the first part. .7 4 1 w , 1 ;tit • 7 1 -2- l r • • • 1. • B 1086 REC 02027023 10/02/85 09:45 $18.00 3/006• •-; F 1228 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • EXHIBIT A j, d TO WARRANTY DEED £{ ii. • The South Half (5 1/2) of the North Half (N 1/2) and the South Half (S 1/2) , of Section 34, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, except the South Thi'cy feet (S30' ) and the North Forty feet (N40') for County !!!1• Road purposes and except parcels of land as conveyed by Deeds recorded in Book 194 at Page 107, Book 194 at Page 478, x. Book 20B at Page 457 and Book 211 at Page 196. Said •;'g • conveyances are portions of that land known as The Briscoe ri Reservoir. �y5 %55 32 shares The New Cache La Poudre Irrigating Co. t.(d 4 preferred rights Fossil Creek Reservoir by Contracts Nos. 12-15, inclusive 32 shares The North Side Lateral Company 24 shares The Blaine Lateral Ditch Company 15 shares Briscoe Irrigation Company z1 4 , ' k;�ptt r pe i . • Ig O. f - " I � . asmumwown I • I I ' B 1086 REC 02027023 10/02/85 09:45 $18.00 4/006 F 1229 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO t IN WITNESS WHEREOF, the said parties of the first party ittRI executed this Warranty Deed the day and year first above writ- ten. +, RODERICK R. MILLER AND SONS, a Colorado general partnershipJill / Q' /� $I J B1 !e e=1 1, �� sy c / 10 Roderick R. Miller, Roderick R. Mille a Partner individually Il sy:N A• )22-t , By: , 722„e & �•;!. Dorothy . Miller, "' Dorothy Miller, ; a Partn r indlvldu Ily *:. :v BY: U/ w • 4�l4.V.,. BY: \�J m9o• 1 11\)11ll.fn '4. Onea J. Mill r, Ones J. Miller, 'Id' • a Partner individually 'k 4 n 2( ,.�/ A,Z y: Q,wQ„490jt ' ',,: Everett D. Miller, Everett D. Miller, !4� a Partner individually it'. lt- BY James H. Miller, B James H. Miller, Yea: a Partner individually '1Ili STATE OF COLORADO ) "k el ) s e. CITY AND COUNTY OF DENVER IIThe foregoing instrument was acknowledged before me this 4 tnt day of July 1985, by Roderick R. Miller, as a Part- • ner of Roderick R. Miller and Sons, a Colorado general partner- ship, and individually. �1l' c Witness my hand and official seal. 1:. My commission expires: October 26. 1987 ` IF l°TAB'} ' .t-fL/lrrle4C.1 •- , Notary Pabli ,! pG. ° 1. 1605 St. Paul, Apt. lrb 4 r`008 lc, 'o,: Denver, Colorado 80206 off [V-t • f f • • ^aaeamo. .• . I • . MI , .. • -e, B 1086 REC 02027023 10/02/85 09:45 $18.00 5/006 F 1230 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO STATE OF COLORADO ) ` ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 28th day of June , 1985, by Dorothy M. Miller, as a Partn"r . . ppf,�Roderick R. Miller and Sons, a Colorado general partners`.iip, • ,\,- ."%tic1247.h¢ividual ly. `i,��r T0L,�0. TANk Wtthess my hand and official seal. Wit 'p� p MY Lommission expires: October 26, 1987 1• . ;•..Y,. BLl of vF-r t- a/ Notary Public 1605 St. Paul, Apt. 10 Denver, Colorado 80206 STATE OF COLORADO ) ) as. CITY AND COUNTY OF DENVER ) • „,„0...,, The foregoing instrument was acknowledged before me this .T' A'2A3 ••,,,day of June 1985, by Onea J. Miller, as a Partner of br1o, e'gitk R. Miller and Sons, a Colorado general partnership, ..* ` T rid iril\vidually. • 0, Y {� :• .7•- 4f-4-less my hand and official seal. :'„a PUB\-\C' '; _ • ✓r. ,/rp1� commission expires: October 26, 1987 12 ..........''p`'.' 4 OF CO'," Notar public • 1605 St. [yowl, Apt. 10 Denver, Colorado 80206 STATE OF COLORADO ) es. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this led day of „ly , 1985, by Everett D. Miller, as a Partner of Roderick R. Miller and Sons, a Colorado general partnership, f V,'Ait do^individually. A ; � ;.; ' "'%i,tness my hand and official seal. L � l..1%IOTApy ; . �,aA�,t, _._ MAY;"commission expires: October 26, 1987 q :yrG.0 R L I O i s .: ....0,, .?--__- T— 1605 Scta11lpuAp[c10 , — Denver, Colorado 80206 • Y • • • STATE OF 22101 MM NEBRASKA COUNTY OF SCOTTS BLUFF ) ss. atzyxaxmx¢mvNzyxaExnENan m The £oreg ing instrument was acknowledged before me this act day of 1985, by James H. Miller, as a Partner of Roderick R Miller and Sons, a Colorado general partnership, and individually. Witness my hand and official seal. My commission expires: (J — 3- t F fle . m 6137 ; , F 1231 MARyo ANN 7FE023UERSTEIN/CLERR9L4RECORDER WELD CO,OCO �l1 -5- M • It . _ _ B 1151 AEC 02094551 04/03/87 16:16 $9.00 1/003 AR2044551 _ F 2174 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO c ` Vafraxgy'Deed • THIS DEED n a eon.eyenee Ot Me reel pr OW ty descobed below.meluamg any Improremento and Other aopurlenante One -propertyfrom the md,.,dualls).caporw,on(e).Danneshrplsl.Or Other enbtybe)named below as GRANTOR to the tnmr,amll,l or emnylesl named below a GRANTEE• The GRANTOR hereby piss end conveys he property to me GRANTEE and me GRANTOR warrants me rob to The properly e.cepl for l l l the ben of Me general properly tees for the year of this deed.which ma GRANTEE will pay 121 any easements arc nghls-Of-way Shorn of record I))any palenl reanrabone and esapirons CAI any outstand ing minerel inle•aft%shown 01 recora R'' any praleCtIve Corenanla and restrictions shown of record,and(6)any addltwn al matters Shown below under'Additional'AI erran.y Eacepboni The Specific Toms al This Deed Are: Grantor lO've namlsl we wec•I al all r.udMr Ire baste al low 0.n.,•granter is oreing in bps Osed foNina*noma,r.aoripnr,.annnr, grantor...b nbend and.T l COLORADO LIVESTOCK PRODUCTION CREDIT ASSOCIATION 127 22ND STREET, GREELEY, CO. 80631 Grantee: 03 tie namely eno soo.n.Ln ,Lwment or eeressss ncluarng m,nme road or Wiwi R,rnse, pa reurred I • W. S. HOWARD 4701 MARION, 6106, DENVER, CO. 80216 • Form of Co-Ownership: Itm.r.areteem wore gr.nlee.earned me we be Cprtalderel50Incas laanl.IN eemma stile..MI ward, 1 10•Nl Wing,.or words Of me same meting see mom in me soap stow • Property Description: (Include county and slate I State Documentary Fee Date SEE EXHIBIT A $ .3.(:O.Q,_............ • Properly Address: Consideration: lira pale men,ale deny emo.nl n ptrona eea,+l.Ca,Ypr.len to-ohs ram.nl be presumed unless this conrer sore.. ,denl.nea.u,a gin n any con m,.COnwrwCe n Dbeelule MN and urcoranw,el) �J TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION. Roam SOT s-pestdCllons: Ill IM GRANTOR Intends to seise any"WAN in Ihe popny or to convey lee Inen ne owns or dine GRANTOR it rel,N„ng IM ORANTit S rem m me properly,mars appopn.te a thee".,,1 • e NONE 5 Additional Warranty Es ceptlon.: Ilnclude deed.Ot Ouse Doing e.ew owned and w maces not coro.o more) 9 SEE ATTACHED EXHIBIT "B" n c i 0 e APRIL 1 87 F ercwrd by,M Grantor en s alenawe Claus.to.capor.tun,rrnnannla or Auoclalan: slgnesue c,wr.e lo,Inam...Am COLORADO LIVESTOCK PRODUCTION CREDIT ASSOCIATION Name Thantor Iar.1,M P.nner.Mp or A..ocu11M Granla, r Gismo. or -`)..DISTRICT•C o e ' Aiwa,9-141144,,,,1- 4:7 Y .5N'ted.r. NO. 9 -'� • l STATE OF COLORADO I I.'SA SEAL • ,1 Is COUNTY OF• WELD l rug en.,rument on 1St OF•••••� t ARPI le 87 Tn.tOr.pOr I.aga plwe m.lisle ay-y�rKIRK�pG�OTBiLE, VICE PRESIDENT OF FEDERAL INTE EDIT BA WICHITA, A • wITWT6SMy'TtMd Q�bm�§IdejTORNEY-IN-FACT FOR NINTH DIST RODUCTION CR DIT ASSOCIATION my commission eapbn: RLY KNOWN AS COLORADO LIVESTOCK PRODUCTION CREDIT ASSOCIATION Ne"ly'Public STATE OF 1 wAtl Cory) - oweK(S1 res. Ce COUNTYTiw U N P C co roe weep.]welo,e on*mla ad"of it a BY AV I'n. IrMri mega Q 1Ftpagpr l Or ear ncwpa.at p rnenw. 0,Si a ohOruy0 m lean Owed,wren iabon 1 m,n[•w.,,pnuna ae<,<Lr,o, w , Tj\\CIdea FbefdhBMlo„1w+a psnpgnmpmm�eohw.uumwNamwn wedNOW of enasOrn1 HAM //a Mywit carsNA ham]and oI1NIa1,/eJ:11.1 M p,a(t rlY`[S�ffe//M��.e'(��'' �'r • Wlwy Nato s•teno uro5TaNIONY C +nlll J NOM, ear non,11 T•Il thy. Io61T 13031355 t sp i .1 J i , - II B 1151 REC 02094551 04/03/87 16:16 59.00 2/003 F 2175 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO • EXHIBIT "A" The South Half (S1/21 of the North Half (N1/21 and the South Half (S1 /21 of Section Thirty-four (341 , Township Six (61 North, Range Sixty-four (641 Went of the 6th P.M., County of Weld, State of Colorado, EXCEPT the South Thirty feet (S30' 1 and the North Forty feet (N40' 1 for County Road purposes and EXCEPT parcels of land as conveyed by Deeds recorded in Book 194 at page 107, Book 194 at page 478, Book 208 at page 457 and Book 211 at page 196, Weld County Records. Said conveyances are portions of that land known as The Briscoe Reservoir. Said property is now described as Lots 'A' and 'B' of Recorded Exemption No. 0801-34-3-RE 724, as per the map recorded January 3, 1985 in Book 1054 under Reception No. 1993961, Weld County Records. TOGETHER WITH, 32 SHARES OF THE NEW CACHE LA POUDRE IRRIGATING COMPANY; 4 PREFERRED RIGHTS FOSSIL CREEK RESERVOIR BY CONTRACTS NOS. 12-15, INCLUSIVE; 32 SHARES OF THE NORTH SIDE LATERAL COMPANY; 24 SHARES OF THE BLAINE LATERAL DITCH COMPANY; 15 SHARES OF BISCOE IRRIGATION COMPANY, • L . • • 4 • \ B 1151 REC 02094551 04/03/87 16:16 $9.00 3/003 F 2176 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT "B" A DEED OF TRUST TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF THE TRAVELERS INSURANCE COMPANY, DATED MARCH 29, 1978, RECORDED APRIL 4, 1978 In Book 827 under Reception No. 1749442, Weld County Records. �fCS/— 1. AR2111514 B 1167 REC 02111514 08/24/87 09:50 �'3.00 1/001 F 1633 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO tr I a' I-O .1987, ,s TITIS DEED, Made ale 25th day of Apr 11 I S. I. bstwsan W. S. Howard J. ofthe City & countyof Denver andetete of Colorado.of the flat part,and W. S. Howard and George I T. Ashen, 4701 Marton, /106, Denver, Co. 80216 (Livestock Exchange Bldg.) of the C 1 t y & County of Denver and state of it Colorado,of the second part. -- • W ITNESSETII,That the said part y of the(Int part,for and In consideration of the sum of . a�l • Ten Dollars and other good and valuable consideration DOLLARS, to the said part y of the tint part In hand paid by the said part Ic a of the second part, the receipt-whereof ! Is hereby confessed and acknowledged, ha remised• released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release,mall,convey and QUIT CLAIM unto the said part Ie s of the eecor.d part, i t he I r heirs,successors and assigns,forever,all the right, title, Interest, claim and demand which to said t♦ part y of the first part ha 9 in smi to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado,to wit: F. The South Half (51/2) of the North half (al/2) and the South • Half (S1/2l of Section Thirty-four (341 , Township Six (61 North, )' I Range Sixty-four (641 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT the South Thirty feet (S30' ) and the I North Forty feet (N40' , for County Road purposes and EXCEPT • I parcels of land as conveyed by Deeds recorded in Book 194 at • • page 107, Book 194 at page 478, Book 208 at page 457 and Book .. • I 211 at page 196, Weld County Records. Said conveyances are /1/L� portions of that land known as The Briscoe Reservoir. Said Erj E. property is now described as Lots 'A' and 'B' of Recorded :J Exemption No. 0801-34-3-RE 724, as per the map recorded January jj • 3, 1985 in Book 1054 under Reception No. 1993961, Weld County I Records. i'I I TOGETHER WITH, 32 SHARES OF THE NEW CACHE LA POUDRE IRRIGATING COMPANY; 4 PREFERRED RIGHTS FOSSIL CREEK RESERVOIR BY CONTRACTS NOS. 12-15, • I INCLUSIVE; 32 SHARES OF THE NORTH SIDE LATERAL COMPANY; 24 SHARES I OF THE BLAINE LATERAL DITCH COMPANY; 15 SHARES OF BISCOE IRRIGATION COMPANY. TO HAVE/.ND TO 1101.D the same,together with all and singular the appurtenances and privileges thereunto rl i belonging or in anywise thereunto appertaining,and all the estate,right,title, Interest and claim whatsoever,of the j said part Y of the first part!either In law or equity, to the only proper use,benefit and behoof of the said 1 part I C s of the second part,t J c I r heirs sod miens forever. i; yyy s • e,j IN WITNESS WHEREOF.The raid part y of the first part ha n hereunto set h in hand li and seal the d and year first shove written. 1„,../174C ::"....!,!../.:2..-.2?.'... ISEAL] I I. Signed,Sealed and Delivered in the Presence of � ties sea r d • 'SEAL] [SEAL] 'SEAL] STATE OF COLORADO, City b County of Denver In' • The foregoing instrument was acknowledged before me this 25th day of Ap r i1 11987.by' W. S. Howard • My commission expires , 19 .Witness my hand and official sad. £1 ,y3 .0 mom, 4 / ;'_, • . , 'a - Ne f 10 liktk 00 4' pre,, ( ...._J_ ,p AY4 1/./ ti i•. No.933.QUIT CLAIM mcro._nr.Jfnnl rsblIihine i u.1521.55 Stout Stier.Deem,PA....la n.•, • I. i� - 1 • AR 23 59739 QBAE)fl STATE tO .R1)FE I .. - � „ 1 PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) • THIS DEED is made by Fern A. Howard as personal Representative • of the Estate of William S. Howard, a/k/a W. S. Howard, deceased, • Grantor, to Fern A. Howard, Grantee, whose address is 1000 Geneva Street, Denver, CO 80231. WHEREAS, the above-named decedent in his lifetime made and k: executed his Last Will and Testament dated June 13th, 1993, which Will was duly admitted to informal probate on June 22, 1993, by the Probate Court in and for the city and County of Denver, and State of Colorado, Probate No. 93 PR 1106; ' WHEREAS, Grantor was duly appointed Personal Representative of • said Estate on July 15, 1993, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor OG by the Colorado Probate Code, Grantor does hereby sell, convey, • P II assign, transfer and set over unto Grantee as the person entitled l}Oe to distribution of the property under the above captioned Will and o0 pursuant to court order, the following described real property . b situate in the County of Weld, State of Colorado: • The South Half of the North Half (81/2 Nl/2) and the South Half (S1/2) of Section Thirty-four (34) , Township Six (6) North, Range . Sixty-four (64) West of the 6th P.M., County of Weld, State of Colorado. EXCEPT the South Thirty feet (S30') and the North Forty feet (N40') for County Road purposes and EXCEPT parcels of land 'f. conveyed by Deeds recorded in Book 194 at page 107; Book 194 at page 478; Book 208 at page 457 and Book 211 at page 196, Weld • County Records. Said conveyances are portions of that land known _ as The Briscoe Reservoir. Said property is now described as Lots - - "A" and "B" of Recorded Exemption No. 0801-34-3-RE 724, as per the - . . map recorded January 3, 1985 in Book 1054 under Reception No. 1993961, Weld County Records, and except; RESERVING HOWEVER, unto grantor, all oil, gas and other minerals - presently owneu by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove y _ such oil, gas and other minerals. With all appurtenances, free and clear of liens and encumbrances, and except easements, rights of way leases of record reserved to grantor and except trust deeds of record and except special, general and school district taxes for the year 1993 payable in 1994 and all years subsequent hereto. s B 1412 REC 02359739 11/15/93 16:26 $10.00 1/002 t F 0251 MARY ANN FEUER;TEIN CLERK 6 RECORDER WELD CO, CO • e I t , g • I S . ' `+ t l } if i ! i • } t ! h , , • - ` I. exli ,VH�A • • ,/ B 1412 FEC 02359739 11/15/93 16:26 $10.00 2/002 F 0252 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO I__i • As used herein, the singular includes the plural and the • masculine gender the feminine and neuter genders as the context may . require. tit, I F, u Executed November �- , 1993. '1 if 1.as Personal Representative of the ,�"1 4 "mu.,,,"' Estate of William S. Howard, a/kr x s +� • . Bill Howard, a/k/a W. S. Howard, �. Deceased :x f.j1tt) s`. 'lIV�i'.; /^`STATE OF COLORADO ) ss. I ' a ° • s„fC "; MND COUNTY OF DENVER ) 1,' Sit. e foregoing instrument was acknowledged before me thin 4T7 .. day of November, 1993, by Fern A. Howard as Personal , Representative of the Estate of William S. Howard, a/k/a Bill ,'�; Howard, a/k/a W. S. Howard, Deceased. • Witness my hand and official seal. •_ Mir Co.nmi:lion expires July 24,1994 • 1224 Bannock Street -`9 • My commission expires: Orntrr Pnlotada $07131 9 Nota lie (/ q`s . `ti , Lo • • ,nI eVa • illy• / I• ' • :. / •• yy y. • '_t' I I . tr Ili , Yo . a 1 r. > -I,' !• 1412 AEC 02359740 11/15/93 16:27 $10.00 1 /002 � F 0253 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO p AR2359740 WARRANTY DEED THIS DEED, Made this 5th day of November, 1993 between STATE DO /.1�jM�E� AR! RF ' George T. Ashen and Fern A. Howard Od/ �1.7 Ill of the County of Weld and ��.�� _____ lem State of Colorado, grantor, and !_ Charles S. L. Poston and Laura J. Poston NR • •• whose legal address i.e 2333 17th Avenue, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor far and in consideration of the sum of SIXTY noun.° AND 00/100 ($60,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns si forever, not in tenancy in common but in joint tenancy, all real property, together 11 . with improvements, if any, situate, lying and being in the County of Weld and State • of Colorado, described as follows, SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF also known by street and numbe as 30502 Highway 37, Gill, Colorado B0624 • TOGETHER with all and singular the hereditament* and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and ,+ illOL remainders, rents, issues and profits thereof, and all the estate, right, title, Ibt e a interest, claim and demand whatsoever of the grantor, either in law or egrity, of, in and to the above bargained premises, with the hereditament. and appurtenances. I. DO TO HAVE AND TO HOLD the said premises above bargained and described, with the '.F appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, - for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the . ensealing and delivery of these presents, he is well seized of the premises above 4 conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, II - bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1993 and subsequent years; except easements, restrictions, f.' covenants, conditions, renervatione and rights of way of record, if any; a v. • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. • IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. • George T Ashen R+uv✓mot-_' Fern A. Howard STATE OF COLORADO 1 es. The foregoing instrument was acknowledged before me County of Weld ) this 5th day of November, 1993 by George T. Ashen and Fern A. Howard Witness my hand and official seal. PpY PVO My commission expires July 10, 1995 KELLY L '-4 r' NOTARY PUBLIC i CARRON , 1113 Tenth Avenue No. inJ.11, Rev. p� Greeley, COLORADO 80631 -I �OF COl OP r B 1412 REC 02359740 11/15/93 6 2 F 0254 MARY ANN FEUERSTEIN CLERRRECORDER WELD CO/,° g' ESCROW NO. : 8033390 DATE November 05 1993 "EXHIBIT A" LEGAL DESCRIPTION All that part of the WS/2 of the W1/2 of Section 34, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southwest corner of said Section 34 and considering the West line of said Section 34 as bearing South 00 degrees 00 minutes 00 seconds West, and with all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds East, along the West line of Section 34, 2579.80 feet to the W1/4 corner and the True Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds East along the West line of Section 34, 1331.60 feet to the Northwest corner of the SW1/4 of the NW1/4 of Section 34; thence North 89 degrees 11 minutes 08 seconds East along the South line of the N1/2 of the N1/2 of Section 34, 1321.29 feet to the Northeast corner of the SW1/4 of the NW1/4 of Section 34; thence South 00 degrees 00 minutes 45 seconds West, 1297.09 feet; thence South 87 degrees 41 minutes 22 seconds West, 1321.95 feet to the W1/4 corner and the True Point of Beginning. Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) : Jasper Freese Freese Engineering • 1523 6th Avenue Greeley, CO 80631 ' RESERVING HOWEVER, unto grantor, rli oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. �.) 11611111 III 11111 IIII lit • 3287637 05/20/2005 10:40A Weld County, CO 637 1 of 1 R 6.00 D 48.50 Steve Moreno Clerk& Recorder r. WHEN RECORDED RETURN TO: )Gilbert F. Barthol and Barbara E. Barthol '/97O7q C"i i a '/Z SDF $48.50 ��c�•teil (".�� e)vCc 31 WARRANTY DEED THIS DEED, dated May Ir.( , 2005, between Charles S L Poston and Laura J. Poston of the County of Weld and State of Colorado, grantor(s), and Gilbert F. Barthol and Barbara E. Barthol, whose legal address is 70,W MI CO '4— O lcc tuj , of the County of Weld and State of Colorado, grantee(s): Co (3O&cif WITNESS, that the grantor(s), for and in consideration of the sum of Four Hundred Eighty Five Thousand and 00/100 Dollars ($485,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 0801-34-2-RE2730, recorded October 11, 2000 as Reception No. 2799390, being a part of the S1/2NW1/4 of Section 34, Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: 27201 WCR 62.5, Greeley, CO 8063% TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal represcntativcs does covenant grant, bargain agree to andassigns, -Y"-""•' r , g'�" and with the grantee(s), his heirs and a��ig n5, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN 771-, NESS WHEREOF, e grantor has executed this deed on the-dat s t forth above. Charles-s C Pdsto ' Laura J. P, sto) STATE OF VIRGINIA SS Get3NT �- LY OF C t f3 The foregoing instrument was acknowledged before me on May \ 1 , 2005, by Charles S L Poston and Laura J. Poston Witness my hand and official seal. vL_ My Commission Expires: ji,iriP 30, 2Oa Notary Public 5 • c ZIL. �m ft w t�i4• . LIG File No. LTWT0000483 DOC-WD Indv to Indv � VV nit qp p)md�,,7o��r,�,� x �r 3 p yriz�! �Ol-.L'.t 'utinfsvato L'5e"�17�?^•z�rrv" : �7tS��$`, ��!'f-.1-SK"*�r mayry tre:i• atri . nffu _-ii.,s:' Sr Engineering Corporation :n•ee ,,.,4r<a••ay.-rn, r.. --t.9, e.-1..wsc. .rve✓q.,'1^.9c '.tr,.,a.'.t sadxAu�K r.i,.r:!t11..IJ rlk_uf.'J,J jEa93j ..t.,,}8AJ w. ._.;..[+.:PoYSttdJ:7Ayl^..9[r.Sde .. ...:.,...s 1 C �'i Y.al tr rJ a:t•, rr r, ..rr-. DATE: December 16, 1994 ADDRESS: Mr. Charles Poston 2333 17th Avenue Greeley,I Co 80631 DATE OF INSPECTION: December 16, 1994 PROJECT NO. : 94-7946 SUBJECT: Septic Field Inspection for the residence located on part of the SW, of the NW; of Section 34, T..6 N. , R. 64 W. of the 6th P.M. , Weld County, Colorado REFERENCE: CDS Project No. 94-7946 The septic field was inspected on the above referenced property, and was found to be installed per the recommendations in our Percolation Test Results and Septic System Recommendations report dated July 20, t994 . CDS ENGINEERING CORPORATION Inspecte by: Reviewed by: Ant y ernsma4i, E. I.T. - n F. Donnelly, P:E:" / AJW/pkw 1714 Topaz Dr.,Suife 215 Loveland,CO 80537• (303)667.8010 u,( 1i«uuu 1[ayHt� :a<_� k�rwi tt.35L"ui �• i �_�ItIfV !AptUr' • DePAR ET OF HEALTV st.--;.\\„ r_.. �i1 * „�, l, .i'• NUB wvENUE COUgT V�{'� { L Y,COLORADO ISSSt 1' r , INi ;lii tio03)—u3 r r r� L a�"tt� CTION 1 . tkac$sd 1 • NtApil Das►i*Etiita COLORADO art iy• yr l /r'5.'. •August 24, 1994 Charles and Laura Poston 2333 17th Avenue Greeley, Colordo 80631 RE: Individual Sewage Disposal System Permit No. : G-940343 Location: 30502 Highway 17, Greeley, Colorado Dear Mr. and Mrs. Poston: This is to inform you that your Engineer Designed Septic System has been reviewed by the Weld County Board of Health and approved. A copy of the Weld County Board of Health I.S.D.S. Review Porm and your I,S.D.S. Permit are enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER, BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT, IN WRITING, THAT THE SYSTEM HAS BEEN INSTALLED ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 353-0635. Sincerely. Pam Smith s: Environmental Protection Specialist PS/cs-2918 cc: John F. Donnelly, P.E. , CDS Engineering Weld County Department of Planning uo/Z4 aaan 1 : 1U CI iF r<LES&Lr ukAr rub JUN uN twat Fi WELD COUNTY BOARD OF HEALTH ENGINEER DESIGNED SYSTEM RE1/IEW APPLICANT:Poston, Charles & Laura PERMIT NO. : G-940343 New LEGAL DESCRIPTION: PT: NW4 SECTION: 34 TOWNSHIP: 6 N RANGE: 64 W SUBDIVISION: *** LOT: 000 BLOCK: 000 FILING: 000 SITE ADDRESS: 30502 HWY 37, Greeley FACILITY: Residential (3 bedrooms) ACRES: 40.0 PERC RATE: 8.9mpi SOIL: Unsuitable WATER SUPPLY: NWCWD SLOPE: *** LIMITING ZONE: 4 ft. (sand) Yea ENGINEER DESIGN (3.5) No EXPERIMENTAL DESIGN (3.14) ENGINEER: John F. Donnelly, P.E. , CDS Engineering ADDRESS: 1714 Topaz Dr. , Suite 215, Loveland, CO 80537 ESTIMATED FLAW: 675 G.P.D. PRIMARY TREATMENT: Septic Tank CAPACITY: 1000 gallons DISPOSAL METHOD: Absorption Bed SIZE: 846 Square feet REQUEST FOR VARIANCE: N/A STAFF COMMENTS: This site will use 2 feet of fill over the bed in a mound design. The bottom of the bed will be placed at grade. The system is adequately designed for the proposed load. STAFF RECOMMENDATION: Approval. ENVIRONMENTAL PROTECTION SPECIALIST: Allen Storie REVIEWED BY BOARD: Aug. 23, 1994 B.O.H. DECISION: APPROVED: n DENIED: TABLED: 43‘ y CLIAtv‘ASJ Chairman Weld County Board of Health rAl3E FJu • • DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100, EXT.3540 COLORADO FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 February 2, 1995 Charlie Poston 27201 Weld County Road 62 '/2 Greeley, Colorado, 80631 Subject: Address change to 27201 Weld County Road 62 I/2 Dear Mr. Poston: Thank you for your phone call of January 30, 1995. The Department of Planning Services staff has changed your address at your request from 30502 Highway 37 to 27201 Weld County Road 62 '/2 Please call or write me if you have any questions. Sincerely, e' iurent Planner II SERVICE,TEAMWORK,INTEGRITY,QUALITY ahn ' DEPARTMENT OF HEALTH 1517-10 AvENuE COURT GAMEY.COLDRAOD 80031 gle ADMINISTRATION 0031333435MHEALTH PRCTECfoN(3331333-0435 - COMMUNITY HEALTH(JCy 353C4T9 COLORADO SSAFF APPROVAL OF EfIG' rn-D1+"iI® SYSTEM The engineer-designed Individual Sewage Disposal o System proposed for the property located at ,?cs Y7S/o o6/63 li 3?. and designed by Tan /_ ZbnnP��/ /7 Lf is hereby approved sz;bject to the following conditions: etnsc4/ aCCorcl.hy fA?r ed- cfr ;7n . I. LAURA Po6-rail , applicant for I.S.D$. Permit No.: G- 73/403112 under the provision of the Weld County Individual Sewage Disposal System Hegulations, do hereby understand and agree that after approval by the Director of Health Protection Services, I may proceed with the construction of my engineer-designed sewage disposal system prior to approval by the Weld County Board of Health, but that the Board of Health reserves the right to disapprove any or all parts of the system design when it considers my application. I understand and agree that I proceed at my own risk and that I may be required by the Board to remove any or all of the system installed prior to Board of Health consideration of my application. 71 • il D v VApplicant tam Protection Services • tiV s E532 HSP106P • • �� INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT t' NO_ G-940343 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1517 16TH AVENUE COURT, GREELEY, CO 80831 353-0635 EXT. 2225 3WN POST N, HARLES & LAURA ADDRESS 2333 17TH AVE PH (303) 352-68' GREELEY CO 80831 ADDRESS OF PROPOSED SYSTEM 30502 HWY 37 GREELEY CO 80631 LEGAL DESCRIPTION OF SITE: SW4 NW4 SEC 34 TWP 6 RNG 84 SUBDIVISION: LOT 0 BLOCK 0 FILING 0 USE TYPE: RESIDENTIAL SERVICES: PERSONS 2 BATHROOMS 3.00 LOT SIZE 40.00 ACRES BEDROOMS 3 BASEMENT PLUMBING NO WATER SUPPLY NWCWD APPLICATION FEE $285.00 RECD BY CINDY SALAZAR SIGNED BY LAURA POSTON DATE 06/30/94 DATE 07/08/94 PERCOLATION RAT? d". 4 F MIN PER INCH LIMITING ZONE FEET (S4"."4 SOIL TYPE C.�,�Sr�, 6 ,�E/r PERCENT GROUND SLOPE % DIRECTION _! REQUIRES ENGINEER DESIGN ..).0V IN 100 YEAR FLOOD PLAIN ZONE 41 FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED: SEPTIC TANK /vim GALLONS, ABSORPTION TRENCH G 2 P SQ. FT. OR ABSORPTION BED SQ. FT. IN ADDITION, THIS PERMIT IS SUBJ CT, TO E FOLLOWINGiDDIT!ONAL 'ERMS AND CONDITIONS: ,6 ,,tt,� /r.4 . SSF r �P/E'Y 0544...s e;" per e'L7.j('efr THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FO THE ILURE OR INADEQUACY OF THE SEWAGE DISPOSAL SYSTEM. ENVIRONMENTAL SPECIALIST DAT l 44. THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCR PR 'nPF TggriTai: 'THAT Atntfi' rA• ^r diril rLL�._a.,s.,I.., i .,�I u<< I''I.L L Lil CHARLES & LAURA POSTON PHONE : ( 970 ) 346 - 9914 FAX : ( 303 ) 484 . 4229 E - MAIL : LAUPOST@YAHOO . COM FACSIMILE TRANSMITTAL SHEET 1o' PROM: Torn Collins Charles&Laura Poston COMPANY: DATE: 05/24/00 VAX '7 !! TOTAL 140.OF PAGES INCLUDING COVER.. J 5 -- PHONE NUMBER: SENDER'S REFERENCE NUMNk'R: RE' YOUR REFERENCE NUMBER: Septic permit Cl URGENT X NOR REVIEW 13 PLEASE COMMENT ❑PLEASE REPLY ©PLEASE RECYCLE NOTES/COMMENTS; Hi Tom, Here is the septic system approval letter, the system review, the actual permit, and the letter from the county showing that our address was changed. Laura 01/02/1932 03:03 395-0997 NO WELD CT? WATER PAGE 03 BOARD OF DIRECTORS $ NORTH WELD COUI.NATER DISTRICT GARYSIMPSON IIIMIlk 33247 HiG-IWAY 85 • LUCERNE.0080646 ERNEST ROSS W.M.MCKAY DON POSSELT DISTRICT MANAGER CHARLES ACHZICER ROBERT ARNBRECHT P.O.BOX 56 • PHONE(970)356-3020 • F4%(970)395-0991 e-mail:owcw0@bwn.net @bwn.net January 18, 2000 Charlie Poston 27201 WCR 62 V2 Greeley,CO 80631 (970)346-9914 This letter is in response to your inquiry regarding water service to the following described property, 27201 WCR62 'G in a portion of the SW V..of the NW V.of Section 34,T6N,R64W of the 6'"Prime Meridian 1. Water service i3 presently being provided to the above described propurty. 2. r✓ North Weld County Water District is able and intends to provide water service to the above- mentioned property,provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one ycai from the date of this letter,this letter shall become null and void. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed,and Physical Address. The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this letter. Afler the water tap has been purchased(Raw Water AFU& Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prier notice to setting a meter. If the meter has not been set within one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase pricc that was paid by'the applicant. I f any line extension,. road bores or additional installation costs were accrued while placing the meter,the applicant will pay such costs before the tap is activated(water is turned on). Water tap/service shall be placed on the physical property,defined by a legal description. In case of a Recorded Exemption, the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. The District recommends that anticipated water usage be purchased through the District. The District guarantees treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District estimates the usage to be 220,000 gallons based on the watei consumption survey that was completed,and requires that I AFU be purchased. With I AFIJ purchased any usage beyond 228,000 gallons will be in surcharge. TAP FEES METER INSTALLATION COSTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE Not-to-Exceed$Amount , (Expires after 90 days from the dale of this lean) I Raw Water for an Acre-Foot Unit(AFU) $8,000— Road Bole $1,501) Plant Investment Fee(PIF) $7,800 -_..'I TOTA1.COSTS $15,800 51,500 s- are-- Alan Overton North Weld County Water District C.ADOCI JAIl+N'ItLNGINIainiN(itLcl0.r sr immr noouwos%on-Chadicdoc L '° 111111111111 MINI 12000 °°°°I°SOWitmele RECORDED EXEMPTION No. 0801 -34-2-RE 2730 It' R'mow DO000'�Wel JA dcalan Cain x Fr,✓ PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 NORTH , RANGE 64 WEST lGLIL am OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO Cr: N CQ • Z Z LEGAL OESCRIPI1ON O N al Part of e South Half of the Northwest Wmle(S 1/2 NW 1/4)of Section]tl,iornanip 6 NarN,Range 6<Went of the 61F I I ED O Pnncryo l Meridian. County.Colorado.being more arty described as fellows: C° BWAtAt a he West Quarter Corner W 1/. ar"9a considering the wed Line of the Northwest Quarter as cif o 0 bearing North 0090'00'Etat.Wn al other bourns contained herein relating thereto.w a inn an cans . Et a Thence North 0000'00'East prong the West Line of the Northwest Qrodar 1331,60 feet to the North Sixteenth Comer(N 1/16 �I s } Q Then• ) North �—I I— �1 N its WxER Thence North 0.004 East:gong 1M N 1h We a/ w< Hoff o!e o Nthen ttet Warier a el a of 192269!e W U Thence,ouch 0090'43'Went 128},68 feet too the the SouthHal ate o/the South Half of the NorthwestQuarter. se NUN pNAEe� S3z,i6N At IN al of the Northwe et ro the FOUND] /�0 AL CAP thence South 6 22 anq Sou South N Northwest Wmlc a Uilance or 1620111 le U 05/6 REHnR30'ACCESSWeal Waxier C Point of Beginning. aa'NORm of IREESE Ls 43A "aDN 1 62 3 4 W 3 X 1/16 CORNER I ry egll'6-E lazz66' So'a Ysc(eea pored 1 54 859 lesx oath wbjec\m any r5n1e or Quay or Other ms<m<ms ae ry°ntee IV LL 5m}g w reserved by a n said dexroee parcel a/land. 3 1]21.29 _.. _. ___.___ . _ �// SURVEYORS CIX C zE .44₹44o a e In)the a ep �h areal of ]0'ROx / Freese Registered I el..P.***. f a Slate°I Colorado do hereby tcul at this Recorded,tit tAIon tPlat was hRLYe olbn ftt Re mr.S.mot survey. E Wes of a applicable m reg°m'ant ma°vu of the State of cdor°ao slate Boors o / / Regutrat.. en and Prrofeavm° Land Surveyors. Q scar: a 2ro / / engine IX 1-4=== // e1' 3 o Reg.No.4392 0O, N,O / / PRCPERT 0 �- 'TIFICA1E W •.pow Dswi ¢m I I 1 Caries Pit'.«auo�n i°a,aap«tan being ratwa m¢other uSea by owners in I:®of thee.in.described ttn property do hereby subdivide ie,t,Cded` c4 sr- BARFIM WE FX OWs.6z �.rair,1 // Ct of he} ptcp Y o sde are.for the ire uct w eeameea hereonright.accessory mo«a dram Al described hereon. y specs°reasw. We do ear°°B°al..for d / Fof/tli /,a P�.w <z { 1 12 2X8081. A POs1W RrF:m / / me loregon9 certlnt0m woe acknowledged before me thb i dAy or 0..iehL 2000 by shone,Poston and Lwm 1 27201 NCR 62 1/2 APPROXIMATE / Paelm. • GREELE COLOR DO 00821 F'� ® UNOERGROANS Wu,ese my hand and soul. RCAIIW LE AREAS 0;` LOT *Bow // m m rti.++.eWr / '" 6 TOT'A" 2.000 S PC Oda 52"860 S AC '..µ.PI /�/ o /r/L LOOTAL 52.860 S PC <a H // f 1 r`1 TOTAL 54"860₹AC <- / / y commission expires: f//4 OT Od$ / / o fYP �c,/�U��rft• /er o- F--30 4Q z NOTE: ONLY LOT "A" SURVEYED / a adepte4 and pprav«far nlnq. OLo Nnc Es PERMIT Row / ACCEPTANCE CA0T ACCESS • / I agar en a/Ra not .,,,,in I� •� 420]5 2000. SEPTEMBER 19.2000�/' I / The far an certification Nm w acknowledged before me this N day (•err' W - FOUND I LOT wA' .2,^ w ncass •• ✓bond"^ '°°` _v�1 W 444n wawa m zoo.z AC® 'a / ROAD .m ' ffi Ill /4 CORNER� L---azEse_-_ai__ aqa o4 � ____.__ My Cmrmrarm expires. qa a i fit Mii.- PwY. 4r WENOIINLOES —� WCR 62_1/2 - _ 1 0Riwor 1aza Fps `L°:°ez __ __ „used STATE OF PUBLIC — 5 9i 9 23 L p ROAD W REDta D P4 REDAR CAP SE/ CORNERVI/YELLOW 4393 0 /feel requirements for he zone district e'REEY 1. A which he prop q ° m the a FOND R 31/4*NI CAP S34.Tratt 126.494 30 for e e district e n wherty ie ich p ed. All proposed Pwv or Wet. t ures will definition of SUMACS n the minimum e Weld Counack onO ty Zm requirements ON W B ordinance te,,structures 59.° ended).m Setback ia eaanred from the future right-W r e" g 3 101. 5 Y I zoning building permits right-Wm. deed the 6°' deed de¢rA ng the 1°t W ^ Pnor to the release at q permits requested th 1 b'd 'I pp tieq' d P icee an.. Nell two.the tht.d p.number,the y p had,.p P - - De ertMent°f Pann ng She.c<s • tppr W� A quantity y development.the , '3. sir a ad 1 the property e I er ,e the a W OASIS Or BEARINGS ^O CE. cdmado °w a mud commence onY Ng° o deeduponany defect pp. /andowner shall b.',se rew q pursuant A Ma rst fect. In BEGINNING at me West Quarter Comer NW action based within three upon°n y defect o in"co ter surrey be commenced more man ten years Coeval, me m e Wed wntroy a FARM COVENANT me of the most Wdb c9 deal counties united Stoned. The rural of Wetl County mEC 21 ay De /4 Ca)of Section 34,4 West mAetship ted by 6 ofcertificationmince d° open cis sprat they intensively used Iw°wature.n Persona maw recognize we 1. E6 L °m° p stamped NO CE:....the. wrequest aided em rights-of-way of tl M 9 U 9 ,fondn9 ogrcu W d p 1' Y. _Km instructions und LS li North 5" Comer en(N 1074.1 et6 eft,oheso by Ut a complete.oreeb�at The easementsfewatm4ed o war which ben this ANFNut*umm°f the and a especled a Section" 34 N 1.utto /y a isfound/5 0 ...Wsl may not d p n 9mnd'n d ore to be uat y hte °f usurd,..."..t . W m g ¢ ye the stumps a and Wup dap ma NT. FM,nw4 9 Q S W q qe an N. naW°cld anon,°NESE LS 4312 to m ditch na' flies o ay ar d',Wizens the tbs.. use of beor 'N Eml N bra Ditches and es is cannot simply moved-out of residential in without IM•etenmg bear'^9a ico h O°'rtn<d hoe^Motive themla the elficiat deliwy of irrigation to fields whichis essential l0 farm production. weld county covers a and o of am 4200 square eeA.N in size(Tai a the Slate of Delaware,)with more 1Aee 3.700 tt „two,oyd„o„d resources. Law„aseen ant a Need an of rreepma«orb °mpants m e sheer mwm°n Paads° countye am fulyWh traw'edmmar delay all emergmcr responses.iededin9 1° ombulmee old 6 prole*.se urvtllyupAeldt to gravel ro bwve e mustt pr vide tb Ih eC ry ki ono kmlires torespond face eam.tew eeet e G Aeww remroads n molls t at Cofteneed they Msubdlviatmalunteers olo arlaial m not Ae c ddeyea m°pr pomp ous Y for publi of c woks ormalbe to Private reapmtAili\ymof the hammwnersr$ept4tACounml caw• s,in my cases,mil not be equivalent to munzpol services. CRedre,ore exPosed to different h mrda In y Nan'm wbura°n s ling. Farm equipment std a d rind gated aches.electrical qtrtech) amt yr dace,Inane.said odd. puncture• `� nweE ram,edge,mpr..fh red to fed Controlled children's cantles is important. �\ not mfr m m..s np but also red...stock p,t«c l me farmer's Ir.emeoe. 20 27 PCP 64 cc tot34 wow 62 1/2 33 4 35 in N 16, 2 2�fV 4 VICINITY MAP a eaeW MN8q6i SCALE:1 =2Om (*SEE; 0,1-00 J Hello