HomeMy WebLinkAbout20003216.tiff CORRECTED SUBDIVISION EXEMPTION NO. 1059-30-3-SE-840
WELD COUNTY PLgNNINE SERVICE NO-IFS, NR➢,WIR,EN EXFMPT,EN 5F-R40 BFS[RIPT phi
PART OF SW 1/4 SEC. 30, T. 4 N., R. 87 W., 8 P.M.
U All proposed or existing structures will meet the minimum setback and offset requirements A parcel of land located in the Southwest One-Quarter (SW 1/4) of Section Thirty (30),
wi for the zone district in which the property is located.Pursuant to the definition of setback Township Four (4) North, Range Slaty-Seven (67) West of the 6th Principal Meridian,
M 1d3e, II II C 1/4 CORNER SEC 30 ^ the Veld County Zoning Ordinance, the required setback is measured from the future Veld County, Colorado and being more particularly described as.
&.,
NOT ENO OR SET E�g No bud or
ucture-Aso defied9and
Uniform to
Building Code,occupancies
listed
Ctedt ast Grd within B. thereto:
to North 88'23'19'West, and all bearings contained
herein or being latve Thirty
V 1/4 CDR S88.09'Io'E ®I IN CULTIVATION Considering the south I'ne of the Southwest One-Quarter
hall IN RANGE
N ALUM CAP w 258169' 0 inetl relative
PLS
BOX II Pr, a 200 foot radius of any tank battery or 150-foot radius of any O wellhead Any construction
PL5 1D9.5 IIIIInIIIIIIIIII IIIIIIIIIIIIIIVIW IIIIINEI II within a 200-foot radiusof any tank batteror 150-foot radius i wellheadshrl
11 uo$ v any require whe at a pointthroe on the math easement action ri ra ( 0) be line of Lot C, RE-2133e.
lYii 01 0 :pM AA kid Ceagnya o variance from the terms of this ordinance, pursuant to the Weld County Zoning 0rbinonce. whence the Southwest (S78 Corner said I)c Section Thirty 8P4 '19 bears
II II✓ t of 1 B 1000 000 p Weld Lowry CO CL?), out saVest ast, feet;etthence, ce U, South 8JVT19'East 1582) feet; thence.
SBB8514''E iGFN➢ 2) Any future structures or uses on site must obtain the appropriate zoning and building (L3), South 90.41'22'East, 46.49 feet thence.
2085.11' • Per^Rs. (L3), North 00.00'00'East,226.2 feet; thence,
II iI No0'04'30'W 1 O I SECTION CORNER 3>Prior to the release of building q.U, South 00.00'00'East, 22626 feet; Hence,
327,12' required to submit to the Department permits, the applicant for the buN at the henit shall have an (L6), North 0955'42West, 16394 feeb thence,
r eu re ffrient si Planning, quantity ends, evidence that lots (L7). North 09'55V2'Wesq 16524 feet thence,
y adequate water supply of sufficient quollly, end dependability. (LD. North 00V5'09'Ves[, 113.12 feet to the Point or Beginning.
O 1 1/16 6 1/4 CORNER
al 4) Prior to the release of building thepermits,ut the applicant will be required to submit a recorded The above described d/o parcel of land record
contains 1.75 acres, more or less, and is subject to
- SET NO. 5 REBAR W/ deed describing the lot upon which the building permit is requested with the building permit rights-of-way and/or easements of recor az recorded and/or as now evlst.
ry II • 2' ALUM CAP application. The legal tlescriptlon an such deed shall include the lot designation and recortletl
II ICI y PLS 9644 exemption number. EASEMENT AND/OR teasenent WAY
RE-2838 An Ingress/Egress easement and/or rights-of-way, on, over, and across Lot C. RE-2838,
0 2'LS 9644 CAP 5) Should noxious weeds exist on the property or became established o result of the in favor of Lot A and Lot C. ouarte8 and SE-840. Said easement and/or rights-or-way
li II LOT •A• r y is
9644
(A 4971 AC 60W FOOT INGRESS proposed development, the applicant/landowner shall be responsible for controlling the noxious located in the Southwest One-Quarter (SW 1/4) of Section Thirty (30), township Four (41
II III AND EGRESS EASEMENT weeds, pursuant to Ordinance 169-A. Co Range Sixty-Seven is 67) W of the 6th hepl Meridian, Welsty0)County,
/ -X-X- FENCE Colorado. Said eo enen[s and/orerr ndea rights-of-way is the southerly Sixty (601 feet, south
ACROSS LOT C, RE-2838 0
II II - 6) VELD inCOUNTY'S United
TO FARM Veld County is one of the most productive r prod agricultural of Lot A, RE-2838 and northerly and easterly of SE-840.
IN T 2838 �/ counties in the Uo W States, rankingm (lope in total market value freagricultural intensively
ly sold.
II L20 L1 L2 AND LOT A, RE-2838 / ! agriculture.
Thego rural areas of Weld County may be open and spacious, but they are intensively used for
Aa ACCESS-------.7 OIL / agricu ture. Prso s moving into rural ores must recognize and accept there ore icesdrawbacks, OWNER'S PPPRUVAI •
11 • 7 TANK / including conflicts with longstanding agricultural practices and a lower level of services than in
• "• L3 / / town. Alongarea with the drawbacks cone the fe,incentives lock
which attract urban dwellers torelocate to I <We), the undersigned, being the sole owners in fee of the above described parcel(s)
II II ,, L4 RE-2838 / rural ore open views, spaciousness, wildlife, lack of city noise and congestion, and the rural of land do hereby subdivide a the some the 'A'
<n on the attached map. 1 (We) understand
Cl ^ - A/0` 7 6 LOT 'C' / atmosphere and way ofIVe. Without neighboring Farms, those features which attract urban that this parcel(s) Is located within ihe 'A' (Agricultural) zone district and is also
I law A L5 133.81E / / dwellers to rural Weld County would quickly be gone forever. Intended to provide areas for the conduct of other uses, and uses by special review, I
) d$ m� 59�:�o WOO ACRES / users of Ne land should not be red to their ton tablished easementseond/otletlights-of-wa e, for hid e lithe pun POzenefit of thes shows or shown or
riibed hereon. hereon,
) - 1,7sE / Agricultural ricultursi practices to date the intrusions of urban change ers Into a rural area. Well run IB y
II II _ ACRES agricultural activities it generate off-site Impacts. noise iron tractors and equipment; 1
11 11 / !/ slow g farm vehicles roads; dust f I pens, field work, harvest, and gravel P',Nm,ra c/he.-M INC �I^ ��'uV1
•
roads; odor from confinement. silage, and smoke from ditch burning, flies and Shultz Farm. Inc.. Steve Shultz U OW R [ice
21\4.! 11 30• N 1/4 CORNER SEC 30 t 31 mosquitoes; the use f pesticides and fertilizers the fields, including the use of aerial
END 3 1/2' ALUMNBB'28'25'V 2580.34' / END 3 1/4 ALUM CAP spraying, Ditches and reservoirs cannot simply be moved out of the w y of residential development ,,I]n .!
CAP IN RANGE BOX LS 7242, 1998 without threatening the efficient delivery of irrigation to fields which is essential to farm The foregoing certificate was acknowledged before me this_iday of.IIWNALf
LS 10855, 2000 J w /- , production. AD_ 200 �/ /
36 11 11 31 4 / Section 35-3.5-102, CRS..provides that an agricultural g operation shall not be found to be a public My Commission Ea it Lbw,'w200 pI A
11 11 h / or private nets if the agricultural operation alleged to be o nuisance employs methods or .games x.SP._OeG`
ti / WCR 42 practices that sore commonly or reasonably associated with g wturol production Notary Public. NY 1SNL.G n
0 11•: ,, //IM ULf a Rnge
/ Weld County covers a land area of over 4,000 square size (twice the State of Delaware) Witness my Mond and Seal, ILye} ']LN RSH�
II 11= with more than 1700 miles. of state and county d outside of municipalities.I The sheer magnitude f/ 8 i
FARMERS EXTENSION / of the area to be served stretches available resources Low enforcement Is based on responses
- II? DITCH UM60' NTATIONi / - - to complaintsof thecounty ur may Board of County Commissioner's Certificate, \/➢f f:Ll
NO DOCUMENTATION more than on patrols and the dstonces which must be traveled
-i Do
SEE NOTE 8 • delay all emergency responses including low enforcement, ambulance, and fire. Fire protection is _",
II N 1., \. usually provided by volunteers who must leave their Jobs and families to respond to emergencies. fl plat is accepted and Pp d f y ` • ,c .r 1Lr,i¢q A.;,")
p - SE 840 County gravel roads, no natter how often they are bladed will not provide the same kind of Ilgq��y ( [ ° �YJ'
II II olj' LOT P surface expected from a paves road. Snow removal priorities neon toot roads from subdivisions �lwd Ca �:�,
RC-2838 to arterials may not be cleared for several days after a major snowstorm. Snow removal for Chop Board f t Commissioner?
II Lly ' roods within son the ohs are of the lowest priority for pubic works may be the equivalent
vale i' Ii �° •I
II II - 1'Y 25 30 30 29 responsibility f homeowners. Services in rural areas, in navy cases, will not be equvalent ATTEST 4/74o % ' •'f• '•
/ ' 36 31 to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban Weld County Clerk the Board IQl I
II I = LID4. / a c VCR 40 31 32 (inners. - . %PJpJ1' .
II • L15 ,. 5_ m Children exposed to different hazards in the country than n an urban or suburban setting. Deputy Elena f the Boocd Date
3000 FOOT INGRESS Form equipment and of field equipment, ponds and irrigation ditches electrical power for pumps
II rc is and center pivot operations, high speed traffic sand burs puncture vines terntoriol farm dogs,
EXISTING RC-2838 ,i / AND EGRESS EASEMENT Ri ) LOT B S and livestock present real threats to children. Controlling chidrens activities Is important not
AG. ACCESS I1 II LOT 'B' n / ACROSS LOT B, RE-2838 ,/, RE-2838 only for their safety, but also for the protection of the farmer's livelihood. Parents are SURVEYOR'S [[RTIFICATE
2182E 0b IN FAVOR OF LOT B, RE-21342 responsible for their children.
W ACRES _n,0 / ) I, Kenneth R. Arles. A registered Professional Land Surveyor in the State of Colorado
m / do hereby certify that this description and the lot survey thereof was prepared under
n i' a SURVEYOR NOTES, my personal supervision, and that this description Is a rate representation of the
UPI' survey, 1 further certify that the survey and this plot complies with all applicable
O II /`�80' ROW I) All recorded easements and rights-of-way have not been researched by us or shown on this rules, regulations, and laws of the State of Colorado, State Board of Registration for
o I II'^ BOOK 73 36 31 30 32 plat. The easements and/or rihts-of-way which may be shown hereonmay not be complete, are Professional Engineers and Professional Land Surveyors. to the best of my knowledge.
PAGE 242 based on general information, and are to be used only In this context, The client did not request
co II IIVC C 1/4 SEC 31 6 5 easements antl/ar rights-of-way be shown on beyond those contained on theplot.
/ 248' NORTH OF TRITELa
1 6 9 Y Yon
II ii c/ /./ POSITION. 3 va ALUM-N., LOCATION MAP z) Au references to oasis pages, mops dad receptionto numbers are public documents on file at //
CAP, LS ]242, 1998 the Clerk and Recorders Office of Veld County, State of Colorado unless stated otherwise. r � r '4$1,44 /JG�dry /4 ZmZ
G SCALE NTS Kenneth R. Arles, Colorado PLS 'e Dote
S LID - 3) NOTE' According to Colorado mw, you must commence any
legal action based upon any defect y
F 1/4 CORNER - r'_ N89'o2'55'V __ this survey within three years after you first discover such defect In no event may any {
FNp 2 1/2' ALUM -. 2612.65' action based erti upon any defect in this survey be commenced more than ten years on the date
IA r/�aL� r
CAP IN RANGE BOX ll"11 C 1/4 COR, SEC 31 of the certification shown hereon (13-80-105 C,R.S.). Arles and Associates. Inc. god/or Kenneth R. 1 yyrsi`
j LS 12374, 1995��nn. LINE TABLE NET SET, FALLS IN Allez will not be liable for more than the cost of this survey and then only to the Client
✓1 vS'f-360'RROV LINE BEARING LENGTH CULTIVATED FIELD specif lcolly shown hereon or ur file by signed authorization, Acceptance and/or use of this
cPi
II II LI 587'47'19'E 15027' Instrument For any purpose constitutesagreement by the client to all terns stated hereon.
+- 50' RESERVATION L2 550'41'22'E 46.49' 4) BASIS OF BEARING Considering the south line of the Southwest One-Quarter (SW I/4) of Section
0 --'11 IF.-100' RESERVATION L3 N90'00'00'E 118.80' Thirty (30), Township Four (4) North, Range Slaty-Seven (67) West, 6 P.M., County of Weld, State
. a u L4 S00'OO'00'E 226.26' of Colorado, to bear North 88'23'19' West, between monuments as shown on the plot, and all
MD L5 587.00'55'V 283.21' bearings contained hereon being relative thereto.
L6 N09'55'42;W 16494' 5) the rights-of-way for the roads shown along the exterior of the section shown ar
L7 N00'4509'W 11312' documented in the records of Weld County, Colorado in Book 86, Pages 273 and 274, dated
O. L8 287'47'19'E 683.95' 10/12/1889. Actwl roads within the rights-af-way shown nay or nay not esizt.
L9 S00'04'30'E 035.96'
Nmi
LI
O N00'OS'48'V 8N' 6) This land survey plat is only valid if print has the original seal and signature of the
w" LIl 567.22'26'V 37527' s veyor or re and.
o0 L12 $68'34'59'W 602.81' 7) Centerline of the Farmers Extension Ditch was taken from boundary and improvement survey
L13 567'H'04'W 228.89' plat, CR Moore Land Surveying, Job No, 41-00, April 10. 2000.
tn
O o LI4 S56'06'26'W 127.23'
Q Z L15 263'43'18'W 109.82'
SCALE 1'-iM
laa
o CURVE TABLE PART OF SW 1/4, SECTION 30
- CURVE LENGTH RADIUS DELTA TANGENT CO LL T. 4 N., R. 67 W., 6 Rn. CORRECTED PLAT
\J� CI 620.00 1461.19 24.18'41' 304.74 N45'01'08'E 615,36 WELD COUNTY, COLORADO
U C2 1122.27 1660.00 38'44'08' 58353 N36.26'33'W 1101.02
SHEET NO. I OF 1
n T R2vIS1 s �g Y CO ,LICE APO ASSOCIATES,NC. CORRECTED RECORDED EXEIE+TIOM SE-640
9�/a t1OZCQR Dc E y N rt , 6 mL TANK y�(q„1(Bq /1(,/s' Drown braDRT note: 07/13/01 SHULTZ FARM, INC.
1/10/02 02 TO MATCH EW Atpll L1Nf$/ HANGED PRpPERiY LINy,l,IKP K'q TEEr N 370 ST.,LA 54LE.CO 80645 21475 VCR 19 PART OP SW 1/4 EEC.30,
T MATCH NE a 0 LINF GGG/// EJ TELe (970)394-8562 Checked' RAP Approved, KRq
FAX: (970) 294-9x4 PPr MILLIKEN,co 80543 T. 4 N, R. 67 •.,6 P.Y., WELD COUNTY,COLORADO
I
'o1 SUBDIVISION EXEMPTION NO. 1059-30-3-SE-840 TY V i SUBDIVISION FAEMPTION SE-Rio )EsrRIPTpIN
Ea/ 1) All proposed or existing structures will meet the minimum setback and offset requirements A parcel of land located In the Southwest one-Quarter (SV I/4) of Section Thirty 030).
VND 4'COP 4/893
CAP X93 for the
zon friZ in which the property
slocated
ha PuPursuant to defintio of setback VpwTownship
Four
C(4)4m�th, Range SixtySeven <67> West of the 6th Principal Meridian,
I ICounty ing ord ance, the required se is measured y. and being more particularly described psi
IN RANGE BOX C 1/4 CORNER right-of-way line,
PLS 10945 NOT rND OR SET Considering the south line of the Southwest One-Worter (SW 1/4) of sob Section Thirty
rh- SB577.56'E - IN CULTIVATION . No building or structure os defined and tinted to those occupancies listed as Groups A, B, (30) to bear, North 88'23'19'Vest, and all bearings contained herein being relative
297,51' =o- E. M. I. M and R In Table 3-A of the 1997 Uniform Building Code, shall be constructed within thereto,
II II nO.q a 200-foot radius of any tank battery or I50-foot radius of any wellhead Any construction
wif C.4
II II within n a 200-foot radius of any tank battery or 150-foot radius of ¢any wellhead shall require Beginning at a point on the south easement ondtor rights-of-ray line of Lot C, RE-2838,
i . z
variance from the terms of this ordinance, pursuant to the Weld County Zoning Ordinance. whence the Southwest (SW) Corner of said Section Thirty (30) bears South
32 '4.10'39est. 1077.15 feet; thence, (LI), South 87'47'19'East, 15827 feet;
a$ II z 11(2N➢ 2) Any future structures or uses on site must obtain the appropriate zoning and building thence,
= II . S80.12'46'E permits (L2), South 50.41'22'Easp 46.49 feet; thence,
SECTION CORNER (L3), North 90'00'00'East, 110.0) feet thence,
- 8 II II No0.OB'IS'v 2083.21' •
D Prior to the release of building permts, the applicant for the building admit .moll be (L4), South 00.00'00'Eost, 226.26 feeti thence,
=It 333.68' required to submit to the Deportment of Planning Services, evidence that the lots have an (L5), South B7'00'55'Vest, 283.21 feet; thence,
:=iB II im adequate water supply of sufficient quality, quantity and dependability, (L6), North o9'55'42'West, 165,94 feet; thence,
Ta'Y CoOC 1/16 1 1/4 CORNER al (1.7), North o0'45'09'Vest, 113,12 feet to the Point of Beginning.
II lu 4) Prior to the release of building permits, the applicant will be required to submit a recorded
_g# SET NO. 5 REBAR W/ deed describing the lotbuilding permit is requested with the building permitap The above described parcel of land contains 1.75 acres, more or less, and Is subject to
as upon which the easements record as recorded as now• 2' ALUM CAP eaeeipatlah The legal description on such deed shall Include the lot designation and recorded rights-of-ray and/or of and/or exist.
,r-8 ki / PLS 9644, 2001 exemption number.
iliat-Z=X58 8 2 m II II / EASEMENT AND/OR RIGHTS-Of-WAY
N II Il a, RE-2838ki / / O 2' ALUM CAP 5) Should noxious weeds exist on the property or become established o result of the An Ingress/Egress easement and/or rights-of-way, on, over, and across Lot C. RE-2038,
• LOT •'A' _ _ / LS 9644 weeds,proposed p the applicant/Ipndowner shall be respensde for controlling the noxious in favor of A and Lot C. Ovarte8 and SE-840. Said easement ond/or -of-way is
�g� N - 5.15E AC 60.00 FOOT INGRESS / weeds, pursuant to Ordinance 169-A. located In the Southwest One-Owrter (SV I/4) of Section Thirty (30), Township Four (4)
j'e II AND EGRESS EASEMENT _ ,, /- ! —M-tl— FENCE North, Range Sixty-Seven (67> West of the 6th Principal Meridian. veld County.
- y
Cli6) VELD COUNTY'S RIGHT TO FARM veld County Is one of the most productive turlctural Colorado, Said easements and/or rights-of-way is the southerly Sixty (60) feet, south
-E a II . — / w
N counties in the United States, ranking fifth In total market value of agricultural products sold. of Lot A, RE-2038 and northerly ontl easterly of SE-840.
II.. LB LI L2 / The rural areas of Weld County may be open and spacious, but they o intensively used for
+.'e+wrsrexr�a ! agriculture. Persons moving into rural area must recognize and accept there are drawbacks.
AG. ACCESS------a; ' L7 • OIL / ! including conflicts eitd drawbacks
longstanding agricultural practices and o lower level of services than in OWNER'S RPPROVAI
SANK / Mown, Along with the drawbacks cone the fe, isincentives which attract urban dwellers torelocate to
II Ile L4 RE-2838 / rural area, open views, spaciousness, wildlife, tack of city noise and congestion, and the rural I We), the undersigned, being the sole owners In fee of the above described parcel(s)
/ atmosphere and way of life. would neighboring farms, those s features which attract urban of land do hereby Located
the same as wshown on the attached nap. I (We) understand
6 LOT 'C' / dwellers to rural Weld County would quickly be gone forever. that this provide is eas the athend 'A' (Agricultural) zone district and is also
ce II I II fm /''+..,') 1L5 i / Intended to provide areas for the conduct ofthe tract(s)
uses, and uses by special review. I
II) ^A' LM.�p ACRES /
/ Agricultural users of the land should not be expected to change their long-established (We), do hereby dedicate, for the benefit of the [shown) shown or described hereon,
) ^_ `7,1'''la
ACRE / -----
agricultural practices to accommodate the Intrusions of urban noise
into rural area. Well run easements and/or rights-of-way for the purpose. shown or described hereon.
ACRES i i agricultural activities will rural off site Impacts, ng ^ e from tractors and equipment
I Ile/ ,/� slaw moving fern vehicles on rural roads; dust from animal pens, field work, harvest, and gravel /y Air
�^]
oath odor Prom animal confinement, silage and manure; smoke from fetch burrAg; flies and {/'ANw. ccVfi e AVYV 5A ?r.“.
25\II 11,=30 4' r mosquitoes; the use of pesticides and fertilizers in the fields, tithe the a of aerial hull f c, a SSSSnu tz OWNER
FA CORNER spry Ditches end re eras cannot simply be moved out of the of residential developme^t
CM0 3 1/2' ALLw + N88.23'19'v 2585-06' / FAD 3 1/1 ALUM CAP yng ha is essential
IN RANGE BOX c _ LS 7242. 1990 without threatening the seffklvnt delivery of irrigation to fields which to farm was 'A /I vY y
production. The foregoing certificate acknowledged before me this Ltlay of .(-{/U✓
Ls 10855 2CO0 36 II II3I 'S ••
n7 / Section 35-3,5-102, C.R,S provides that an agricultural operation shall not be found to be a public
II It fp / or private are If the agricultural operation alleged to bea nuisance employs methods or My Commission Empires' ,2 O(i
' Ti.,rt, WCR 12 practices that are commonly or reasonably associated with agricultural production •
\B�
II lief (.7 / Notary Public, < - p,
wee County covers a land area of over 4,000 square miles In sire (twice the State of Delaware) A7��'" ySgE
n I — / with norm than 3700 miles of state and roads outside enforcement municipalities. The sheer responses u Witness my Hand and Seal, '
FARMERS EXTENSION / L 4 N, area to be ,of the served stretches available resources. Law Is based on f
II II DITCH 60' EASEMENT • _ to complaints more than on patrols of the county and the distances which •must be traveled may ri�Ja° rOgr
i i NO DOCUMENTATION / delay all emergency responses. Including law enforcement, ambulance, and Pere Fire protection Is Board of fount,/ commissioner's fertlflfgtei ill OF P4'
II HO SEE NOTE 8 usz COL
LTt ,C.. ally provided by , no nteers who must leave their Jobs and fannies to respond toemergencies.
ifi II IIC LOT R SE-810 Count gravel roads, natter how often they are boded will not provide the sanekind of This pia Is accepted and approved for filing.
/ RE-2831 i surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
dI Iz to arterials may not be [leered far several days oiler a major snowstorm. Snow removal for ��
n, u4 / -! rams within subdivisions ore of me lowest priority for pubic works o may be the prate a :oa y r
II II L 25 30 30 29 responsibility of the honeor^ers. Services in rural preps In many cas ill not be equivalent •,�,•' "
/- to municipal services, Rural dwellers must b necessity, be more self-sufficient than urban ATTEST ,lE/1N�(�/��/�/
Ll3 /w 3G 31 VCR 40 JI 32 „stun� by
s Y Veld Cou^ yt CIpfk fX or
0m / lifr, LOT C y, Children are exposed to different hazards in the country than in an urban or suburban setting. BY[O diA ` - iii' 4—/t—/774/i
O L15 / Farm equipment and oil new equipment ponds and irrigation ditches, electrical power for pumps Oeputy e k of ttif B • Jk�e' Date
z Ii / —Co. V LOT B •p and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs,
EXISTING RE-2838 n ) RE-2878 and livestock present real threats to children. Controlling children's activities Is Important, not SURVEYOR'S EERTIWIrATf
AG. ACCESS I %IT LOT_'B' m / m only for their safety, but also for the protection of the farmer's livelihood Parents ar
b responsible for their children. I, Kenneth R. Allies, A registered Professional Land Surveyr in the State of Colorado
II Ilw ACRE 4,1' / j espons do hereby certify that this description and the lot survey thereof was prepared under
ACRES ,T r my personal supervision, and that this description is on accurate representation of the
Il Iw 2 SURVEYOR NOTES.' survey. I further certify that the survey and this plat complies with all applicable
II BO \` / Nresearched us orrules, regulations, and laws of the State of ado. State Board of Registration for
I> AlAlI recorded easements and rights-of-way ray have not been by shown on ties Professional Engineers and Professional to the best of my knowledge.
/`�80' ROW plat. The easements and/or rights-of-way which nay be shown heron may not be complete, arer
p en / PAGE 242 36 31 31 32 bused m general information, and ore to be used only o this context The client did not request ' �4e, ' 3 Zoo/
II II II y1 I 6 6 5 easements end/or rights-Of-way be shown on beyond those contained on the plat -
LA Kenneth R. AVes, Colorado PLS 964 b•\ Date
to II II p'6 / LOCATION MAP 2) All references to books,pages, maps and reception numbers ore public dtapn₹s on file at ai
L
„ / the Clerk and Recorders Office of Weld County. State of Colorado unless stated otherwise ej °'‘'"iii,
\`I II SCALE, NTS ♦� Lo
LIo 3) No11CL According to Colorado law, you must commence any legal action based upon any defect of c0
iff 1/4 CORNER S2608.19'E in this survey within three years after you first m discovered such defect. In no event may any
o IND 2 1/2• ALUM • 2608.42' action based upon any defect in this survey be commenced more than ten years from the date
J CAP IN RANGE BOX C 1/4 CDR, SEC 31 of the certification shown hereon (13-e-105 CRS.). Allis and Associates, Inc. and/or Kenneth R.
II
7 LS 12374, 1995 II I FND 3 1/2' ALUM CAP Allez will not be liable for more than the cost of this survey and then only to the Client
2 _ 30' ROW LINE TABLE PLS 10855, 1998 specifically for any hereon or in our file by signed authorization. Acceptonce oterms
and/or use of this
�' it 60' ROW LINE BEARING LENGTH Itrunen for
purpose eonin ourtu e. agreement the client all stated hereon.
LI 587'47'19'E 46,49''
a _.- I 50' RESERVATION L2 S5041'22'E 4649' M 4) BASIS OF BEARING Considering(4) the south line of the Southwest One-Quarter (SW 1/4) of Section
o -y 100 RESERVATION L3 _ N90.00'00'E 118,80' Thirty (30). Township Four (4) North, Range Sixty-Seven (67) West, 6 P.M„ County of Weld, State
- ` L4 S S00'W'00'E 226.26' be Colorado. ti Eear Nartn ding re9' vest, between noi+unents sisal morn on me fat• and all
\v\ 2 L5 SBT00'55'V 283.21' bearings contained hereon belne relptive Neret°.
L6 N09'5542'W 165.94' 5) The rights-of-wa for the roads shown along the exterior of the section shown are
O L7 NO045'09'W 113.12' documented In the records of Weld County, Colorado In Book 86, Pages 273 and 274, dated
ail L8 287.47.19'E 680.75' 10/12/1889. Actual roads within the rights-of-way shown may or may not exist.
L9 S00'OB'15'E 829.46'
u0 No0.12'51'W 30.08' 6) This Band survey plat Is only vo04 If print has the orlgbal zeal and signature of ₹he
LIl $67.22'26'W 375.27' swveyar of re o d.
1 7 L12 569'34'59'W 60281' 7) Centerline of the formers Extension Ditch was taken from boundary and improvement survey
12 L13 $67.14'04'W 220.89' plat, CR Moore Land Surveying. Job No. 41-00, April 10, 2000.
U) e L14 S56.O6'26'd 127.23' .te c ie
Z LIS $6343'IB'V IOLBB'p, SCALE,
SCALE, 7' ICtl'
a
CURVE TABLE PART OF SW 1/4, SECTION 30
CURVE LENGTH RADIUS DELTR TANGENT LC
c%_ CI 1115.26 1660.00' 38.29'38n 99.60 N38'3333'49'4 1094.40' VELD COUNTY, COLORADO
C2 608.51 146119' 23.51'38' 308.73 N44.O'37'E 604.12'
SHEET NO, I OF 1
DATE 710 RLV1c1tS I K; ALCM APO ASS0C ATIA INC: SUBDIVISION EXEMPTION EE-1340
428 N 2h0 ST,LA SALLE,CO 00645 Crown pyi➢RT Dote, 07/13/01 SHULTZ FARM, INC.
PART Of SW I/4 21475 VCR 19
SEC. 30,
TALE: (970)264-9562 Checked RAA Approved KRA
TALE (970)264-BMW MILLIKEN, CO 80543 T. 4 IL, R. 07 W.,I PAL, WELD COUNTY,COLORADO
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION #840 - SHULTZ FARM, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., and Section 2-19 of the Weld County Subdivision Ordinance,
did determine at a public meeting held in the Chambers of the Board, that certain parcels of
land to be divided, as shown on the plat known as Subdivision Exemption #840, does not come
within the purview of the definition of the terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Subdivision Exemption #840 was submitted by Shultz Farm,
Inc., 21475 Weld County Road 19, Milliken, Colorado 80543, do Todd Hodges Design, LLC,
2412 Denby Court, Fort Collins, Colorado 80526, for property which is located in part of the
SW1/4 of Section 30, and part of the NW1/4 of Section 31, all in Township 4 North, Range 67
West of the 6th P.M., Weld County, Colorado, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the above described parcels of land be, and hereby are, declared
to be exempt from the definitions of"subdivision" and "subdivided land" as set forth in
Section 30-28-101(10), C.R.S., and Section 2-19 of the Weld County Subdivision Ordinance.
BE IT FURTHER RESOLVED by the Board that approval of Subdivision
Exemption #840, submitted by Shultz Farm, Inc., be, and hereby is, conditional upon the
following:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Department of Planning
Services that any existing septic system meets all requirements of the
Weld County Department of Public Health and Environment. The Weld
County Department of Public Health and Environment was unable to
locate a septic permit for the septic system for the residence to be
located on the largest parcel of this application. Any existing septic
system which is not currently permitted through the Weld County
Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permit. In the
event the system is found to be inadequate, the system must be brought
into compliance with current I.S.D.S. regulations.
p e ; p2, 4,AZ 2000-3216
SE840
SE #840 - SHULTZ FARM, INC.
PAGE 2
B. The subdivision exemption lot shall utilize the existing residential
/agricultural/oil and gas/ditch road access points necessary for
agricultural operations. No circle drives or additional accesses shall be
granted.
C. A minimum 30-foot wide joint access easement extending across Lots A
and C of RE #2838 from Weld County Road 13, for the benefit of Lots A,
C of RE #2838 and the subdivision exemption lot (SE-840), shall be
clearly shown on the plat. The joint access easement shall be dedicated
for the use as shown utilizing the language set forth in Section
11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement
shall be graded and drained to provide all weather access.
D. The applicant shall submit to the Department of Planning Services a
recorded copy of an access agreement signed by all owners of property
which is 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.
E. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any approved access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the
applicant chooses to place a larger culvert, he shall contact the
Department of Public Works to adequately size the culvert.
F. Weld County Road 13 is designated on the Transportation Plan Map as
an arterial status road, which requires 100 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 50 feet from the
centerline of Weld County Road 13 shall be delineated on the plat as
right-of-way reservation for future expansion of Weld County Road 13.
This road is maintained by Weld County.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the zone district in which the property
is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from
the future right-of-way line. No building or structure as defined
and limited to those occupancies listed as groups A, B, E, H, I, M,
and R in table 3-A of the 1997 Uniform Building Code, shall be
constructed within a 200-foot radius of any tank battery or
150-foot radius of any wellhead. Any construction within a
200-foot radius of any tank battery or 150-foot radius of any
wellhead shall require a variance from the terms of this ordinance,
pursuant to the Weld County Zoning Ordinance.
2000-3216
SE840
SE #840 - SHULTZ FARM, INC.
PAGE 3
2) Any future structures or uses on site must obtain the appropriate zoning
and building permits.
3) Prior to the release of building permits, the applicant for the building
permit shall be required to submit to the Department of Planning
Services, evidence that the lots have an adequate water supply of
sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to
submit a recorded deed describing the lot upon which the building permit
is requested with the building permit application. The legal description on
such deed shall include the lot designation and recorded exemption
number.
5) Should noxious weeds exist on the property or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Ordinance
169-A.
6) The text of the Right to Farm Covenant as stated in the Weld County
Comprehensive Plan, effective October 31, 2000.
3. The applicant shall submit a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall
be prepared in accordance with the requirements of Section 11.7 of the Weld
County Subdivision Ordinance. The plat shall be submitted within sixty (60) days
from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is
based upon satisfying the above conditions.
BE IT FURTHER RESOLVED by the Board that the applicant shall submit a mylar plat
to the Department of Planning Services to be recorded in the office of the Weld County Clerk
and Recorder. The plat shall be drawn in accordance with the requirements of Section 11.13.9
of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from
the date of approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
2000-3216
SE840
SE #840 - SHULTZ FARM, INC.
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
4/244 J. Or (NAY)
arbara J. kmeye , Chair
419 r o the Board
a � . Vie( (AYE)
M. J eile, Pr`oo-`fem
to the Board c AYE
Georg . Baxter
APP VED AS T RM:
(NAY)
. Hall
County Atto ney „ ti1 (AYE)
Glenn Vaad
2000-3216
SE840
(its
IC DEPARTMENTSUBDIVISION EXEMPTION
SERVICES
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: December 20, 2000
CASE NUMBER: RE-2838, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 3 Acres,
Proposed Lot B is 20 Acres, Proposed Lot C is 134.5 Acres;
SE-840, Subdivision exemption to divide off existing improvements in conjunction with RE-2838,
Proposed SE lot is 2.5 acres;
RE-2840, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 5 Acres,
Proposed Lot B is 25 Acres, Proposed Lot C is 130 Acres;
RE-2841, 2-Lot Recorded Exemption, Total Acreage is 101 Acres, Proposed Lot A is 10 Acres,
Proposed Lot B is 91 Acres;
RE-2842, 2-Lot Recorded Exemption, Total Acreage is 80 Acres, Proposed Lot A is 16 Acres,
Proposed Lot B is 64 Acres;
APPLICANT: Shultz Farm, Inc. (C/O Todd Hodges Design, LLC)
ADDRESS: 21475 Weld County Road 19, Milliken, CO 80543
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: RE-2838 (Part of SW4 30-4-67 & Part of NW4 31-4-67)
SE-840 (Part of SW4 30-4-67)
RE-2840 (Part of NW4, NE4, SW4, &SE4 30-4-67)
RE-2841 (Part of E2 30-4-67)
RE-2842 (Part of SW4 30-4-67 & Part of NW4 31-4-67)
PARCEL NUMBERS: 1059-30-000005, 1059-31-000036
PARCEL SIZE: (See Above) ZONE DISTRICT: Agricultural
WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic systems
The Department of Planning Services' staff has reviewed this request and is recommending denial for the
following reasons:
1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Sections
11.4.2 of the Weld County Subdivision Ordinance, as follows:
A. Section 11.4.22-Compatibility with existing surrounding land uses. The total number of lots created through
the subdivision exemption process(11)is considered urban-scale development. A.Goal 3 of the Weld County
Comprehensive plan states: "Discourage urban-scale residential, commercial, and industrial development
which is not located adjacent to existing incorporated municipalities." A.Policy 3 of the Weld County
Comprehensive Plan states that this is"intended to minimize the incompatibilities that occur between uses in
the agricultural district and districts that allow urban-type uses."
2000-3216
B. Consistency with the intent of the zone district the recorded exemption is located within as expressed in the
Weld County Zoning Ordinance. Section 31.1 of the Weld County Zoning Ordinance states"Agriculture in the
COUNTY is a valuable resource which must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The A (Agricultural) District is established to
maintain and promote agriculture as an essential feature of the county. The A (Agricultural) District is
intended to provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production without the interference of other, incompatible land uses. The Recorded Exemption
process does not require the applicant to provide the same services that a subdivision process would require.
The applicant is not required to provide an internal road system or any other requirements of a subdivision.
There is also no public process involved in which neighboring properties can comment on the proposed land
division. The recorded exemptions are proposed on prime agricultural land. The number of recorded
exemption lots(10)proposed in a non-urban area is considerable and has the potential to considerably impact
agricultural uses in the area by taking land out of production.
C. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section
11.8 of this Ordinance.
1) Section 1.3.1 - Assisting Orderly and Integrated Development. A.Goal 3 of the Weld County
Comprehensive Plan states: "Discourage urban-scale residential, commercial, and industrial
development which is not located adjacent to existing incorporated municipalities." The number of
recorded exemptions proposed would create an urban scale development located outside of an urban
growth boundary. Further,the recorded exemption procedure does not contain all of the requirements
of a regular subdivision process which help to address the additional impacts of urban scale
development.
2) Section 1.3.2 -Promoting the health, safety and general welfare of the residents of the County. The
scale of development proposed is greater than a standard Recorded Exemption. Recorded Exemption
requirements are not equipped to address the potential impacts of urban scale development created
by multiple recorded exemptions.
3) Section 1.3.5-Encouraging well-planned subdivisions by establishing adequate standards for design
and improvement. Recorded Exemption standards are inadequate to address the greater impacts
associated with larger,urban-scale residential developments. The Recorded Exemption process is not
intended to be used in place of the subdivision process when the approval of the recorded exemptions
will create an urban scale development.
4) Section 1.3.7 - Safeguarding the interests of the public, the homeowner, and the subdivider. (See
above Sections)
5) Section 1.3.8 - Securing equitable handling of all subdivision plans by providing uniform procedures
and standards. (See above sections)
6) Section 1.3.10 - Preserving agricultural land and promoting its most productive agrarian use. The
proposed recorded exemptions would effectively take 79 acres out of future agricultural production.
This acreage is the total amount of acreage designated as Lot A and/or B for Recorded Exemptions
2838, 2840, 2841 and 2842.
D. Section 11.8.3-An adequate legal access exists for all proposed lots to a public road. All accesses shall be
in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance 180, as amended. The
proposed recorded exemption configuration of RE-2841 would create an island lot(Lot A). Lot A would use
an existing agricultural unimproved road for access. The proposed recorded exemption configuration of Lot
A of RE-2842 would also be an island lot. Legal access would be provided through an access easement.
Planning staff has concerns that these access arrangements may cause future problems when these lots are
sold outside of the family. Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot
configuration shall be avoided when possible." The minimum width of a flag lot appendage shall be thirty(30)
feet."These lots do not meet the minimum standards of a flag lot because they do not border the public right-
of-way(Weld County Road 15 and Weld County Road 13).
E. Section 11.8.10-The proposed recorded exemption does not evade the statement of purpose as set forth in
Section 1.3 of this Ordinance. It is the opinion of the Department of Planning Services'staff that the proposed
recorded exemptions do in fact evade the statement of purpose as set forth in Section 1.3 of the Subdivision
ordinance for all of the reasons stated previously.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to
the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Department of Planning Services that any existing septic system
meets all requirements of the Weld County Department of Public Health and Environment. The Weld County
Department of Public Health and Environment was unable to locate a septic permit for the septic system
located for the residence to be located on the largest parcel of this application. Any existing septic system
which is not currently permitted through the Weld County Department of Public Health and Environment will
require an I.S.D.S.evaluation prior to the issuance of the required septic permit. 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. The subdivision exemption lot shall utilize the existing residential/agricultural/oil and gas/ditch road access
points necessary for agricultural operations. No circle drives or additional accesses shall be granted.
C. A 30-foot wide joint access easement extending across Lot C from Weld County Road 13, for the benefit
of Lots A,C and the subdivision exemption lot(SE-840),shall be clearly shown on the plat. The joint access
easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of
the Weld County Subdivision Ordinance.This easement shall be graded and drained to provide all weather
access.
D. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement
signed by all owners of property which is 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 Recorders reception number.
E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
F. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road,which requires
100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the
centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 13. This road is maintained by Weld County.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld County
Zoning Ordinance, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as groups A,B,E,H,I,M
and R in table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead. Any construction within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the
terms of this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as
amended)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits,the applicant for the building permit shall be required to submit
to the Department of Planning Services, evidence that the lots have an adequate water supply of
sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application. The
legal description on such deed shall include the Lot designation and recorded exemption number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Ordinance 169A.
6) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States,ranking fifth in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest,and gravel roads;odor from animal
confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices
that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay
all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are
,a/f)O 3 i c
of the lowest priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical powerfor pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for their children.
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the
Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7
of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above
conditions.
July 24,2001
Weld County Recorded Exemptions 2838, 2840, 2841, &2842 and Subdivision Exemption 840
Legal Description: Part of SE4, SW4,NE4 &NW4 of Section 30 and part of NW4 of Section 31
Township 4 North, Range 67 West of the 6'h P.M.,Weld County, Colorado
To Whom It May Concern:
Weld County School District RE-5J, and Shultz Farm, Inc.,the owners of the above named
property,have agreed that any REs or Lots sold will have an impact fee for the schools attached
to them. The impact fee will be due and payable at the time a building permit is pulled on such
property. The amount of the impact fee will be whatever the current fee is at the time the permit
is applied for.
Sincerely,
//
4/
Jac. 'endar
Supe .tendent of Schools District RE-5J
qty.( hZ (
�S
Steven E. Sh
President Shultz Farm Inc.
Chris Gathman - se-840, Shultz Farm Page 1
From: TREVOR Jiricek
To: Gathman, Chris
Date: 11/7/00 3:11 PM
Subject: se-840, Shultz Farm
Chris-
When I originally reviewed this application, I overlooked the fact that there is an existing home on the
property. Therefore, please add the following condition to our original referal:
#) The Environmental Health Division of the Weld County Department of Public Health & Environment
was unable to locate a septic permit for the septic system that serves the existing residence on the
property. 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.
Sorry for the oversight. If you have any questions, please call me at 2214. Thanks.
Trevor Jiricek
Environmental Health Services
Weld County Department of Public Health and Environment
tjiricek@co.weld.co.us
970-304-6415 Extension 2214
CC: McConnellogue, Sheble; SMITH, PAM
DEPARTMENT OF PLANNING SERVICES
rs 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498
C.
COLORADO
August 28, 2000
Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
Subject: SE-840-A Subdivision Exemption in conjunction with a Three-Lot Recorded Exemption on a parcel
of land described as Part of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th
P.M., Weld County, Colorado.
Dear Mr. Hodges:
Your application for the Subdivision Exemption and related materials are being processed at this time and
you will be notified within 45 days. If it is determined that the application meets the approval criteria of Section
11.15 of the Weld County Subdivision Ordinance, as amended, you will be notified that the subdivision
exemption is approved. If the staff determines that the application does not meet the approval criteria, you
will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will
be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the subdivision exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Berthoud, Johnstown, and Mead Planning Commissions for their review and comments. It is
recommended that you and/or a representative be in attendance at the Berthoud, Johnstown, and Mead
Planning Commission meetings to answer any questions the Commission members may have with respect
to your application. Please call the Town of Berthoud at 970-532-3754, the Town of Johnstown at 970-587-
4664, and the Town of Mead at 970-535-4477,for further details regarding the date,time, and place of these
meetings.
If you have any questions concerning this matter, please free to call me.
Respectfully,
Chris Gathman, A.I.C.P.
Planner
osif ___,
i '�' APPLICATION FLOW SHEET
COLORADO
APPLICANT: Shultz Farm, Inc. CASE#: SE-840
REQUEST: Subdivision Exemption in conjunction with a 3-Lot Recorded Exemption
LEGAL: Pt. of SW1/4 of 30-4-67
LOCATION: East of WCR 13, Approx. 1/2 mile South of WCR 42
PARCEL ID#: 1059-30-000005 ACRES: +/-2.5 Acres
Date By
Application Received 8/23/00 SL
Application Completed 8/23/00 SL
Referrals listed 8/28/00 CG
Design Review Meeting (PUD)
File assembled c7/4922G7 /CO / S
Letter to applicant mailed /,-)c/(,7;
Referrals mailed (/;9/(-
Chaindexed / 3 C/G'C
Vicinity map prepared
Field check by DPS staff lo/j'3/00 e,41
Administrative Review decision: Boars_ folio/Oo e...g.
Date By
—
County Commisioners Hearing Date (if applicable) )ti-h20700
Surrounding property owners notified
Air photo and maps/I prepared
CC action: 4 ppc'cu 4- 1 z izo /co
CC resolution received
Recorded on maps and filed f=>/V)20 /V
Overlay Districts Road Impact Fee Area:
Zoning _A_ Yes No_X_
Airport Yes No_X SW Weld #1 #2 #3
Geologic Yes No_X_ Windsor
Flood Hazard Yes No_X_
Panel #080266-0750C
Todd Hodges Design, LLC
Subdivision Exemption Application in Conjunction
With a Recorded Exemption for Ex. Improvements
Pt. SW % 30-04-67 4 Pt. NW 1/4 3 I -04-67
Prepared for:
Shultz Farm, Inc.
2 1475 WCR 19
Milliken, Colorado 80543
Prepared by:
Todd Hodges Design, LLC
24 12 Denby Court
Fort Collins, Colorado 8052G
Submitted:
August 23, 2000
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272
email: toddhodgesdesign@earthlinknet
Todd Hodges Design, LLC
Table of Contents
1. Subdivision Exemption application sheet
2. Request Letter
3. Weld County Road Access Information Sheet
4. Site Map
5. F.E.M.A. Community Panel
6. Soil Conservation Service — Soil Survey
7. Deed
8. Water Letter
9. Certificate of Conveyance
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272
email: toddhodgesdesignCearthlinknet
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1555 N. 17th Avenue,Greeley, Colorado 80631
Phone: (970)353-6100,Ext. 3540 Fax(970)352-6312
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures):
TYPE OF EXEMPTION REQUESTED(check one)
Property line adjustment X Used with Recorded Exemption
Financing purposes Public utility facility
I(we),the undersigned hereby request that the following described property be exempted from the
definition of the terms"subdivision"or"subdivided land"in accordance with Section 11.11 of the
Weld County Subdivision Ordinance by the Weld County Board of County Commissioners.
Legal Description: _ Pt. SW'A Section 30&Pt.NW Y4 Section 31 -O`{- 67
Total Acerage 160 acres,more or less
Has this property been divided from or had divided from it any other property since August 30,
1972?
Yes No X
FEE OWNERS OF PROPERTY:
Name: Shultz Farm,Inc.
Address: 21475 WCR 19 Milliken, CO 80543 Phone (970)679-8841
Name:
Address: Phone
I hereby depose and state under the penalties of perjury that all statements,proposals,and/or plans
submitted with or contained within this application are true and correct to the best of my
knowledge.
Rev: 10-21-97 Signature: Ownefor Authorized Agent
Subdivision Exemption in Conjunction with Recorded
Exemption Request
This proposal is to split a second existing residence from the site with a total of
2.5 acres in conjunction with the proposed 3-lot recorded exemption
application. The proposed split would allow the property owner to sell off the
existing improvements as a separate legal parcel. The sale of the parcel would
allow for a reduction in maintenance and taxes to the existing property owners
while allowing for the continued agricultural production and preservation of
passive open space on the larger lot. The address of the existing residence
located on the proposed SE Lot is 19134 WCR 13. The total acreage of the
property is I GO acres, more or less and the existing uses include residential and
agricultural production. The proposal is consistent with the surrounding uses,
which include residential/agricultural lots.
Compliance with Section I I . 17 of the Weld County Subdivision Ordinance:
1 I . 17. I . I The proposal is consistent with the policies of the Weld County
Comprehensive Plan
The review of this proposal in conjunction with the 3-lot recorded
exemption application will ensure that the health, safety and welfare
of the Weld County citizens have been addressed. This application
complies with the requirements of the agricultural zone district, the
subdivision exemption application procedural guide and the
requirements of the Weld County Health Department.
This proposal is consistent with efficient and orderly development
and does not take prime" agricultural land out of production. The
proposed 2.5-acre parcel is located in the portion of the farm that
has been improved with structures and is not farmed. This proposal
is consistent with the Weld County Comprehensive Plan.
I I . 1 7. 1 .2 The boundary change or temporary use location which would be
allowed on the subject property by granting the reciuest will be
compatible with the surrounding land uses.
This proposal while not a boundary change or temporary use
location is consistent with and compatible with the surrounding land
uses.
I I . 1 7. I .3 In those instances when used pursuant to Section I I . 1 4.2, the
request is the best alternative to dispose of existing improvements
in conjunction with the companion Recorded Exemption.
This proposal Is consistent with Section l I. /4.2 of the Weld
County Subdivision Ordinance. This proposal allows the property
owner to sell existing improvements and retain the productive land,
thus allowing for a reduction in the taxes and maintenance of the
improvements.
I I . 17. I .4 A lot being created for the purpose of financing will not result in the
creation of a lot to be sold, shall be at least one acre in size and
will no longer exist upon termination of the financing arrangements.
This section is not applicable to the proposal.
This proposal is in complete compliance with the standards and conditions of
Section l 1. 17. 1. 1 through / l. 17. /.4I. I of the Weld County Subdivision
Ordinance.
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Site Map — Pt. SW % 30-04-G7 $ Pt. NW %4 3 I -04-G7
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2412 Denby Ct • Fort Collins, Colorado 80526 • (970) 207-0272 *lax(561) 828-8059
email: toddhodgesdesign@tarthlink.net
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Southern Part — Sheet Number 13
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2412 Denby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059
email: toddhodgesdesignCearthlinlcnet
WARRANTY DEED
THIS WARRANTY DEED(this "Deed').is made to be-effective as of the 1(p day of August,2000 between HILL
LAKE, LLCM,a Colorado limftedliabiuty, rrpapy cnnanror),Rod c9r a TI FARM-, INCiettentee"),whose legal address
is/19664S LAaenrrercreelcy Beleredo- $-jy�E94 County et-Weld State of Colorado. *a Colorado corporation
21475 Weld County Road 19, Milliken, Colorado 80543
WITNESSETH, that Grantor, for TEN DOLLARS £S1A.K1) in hand paid, and-for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,has grantecL bargained sold and conveyed,
and by these presents does grant, ba-gain, sell, convey and confirm unto Grantee, its heirs, successor and assigns
forever,all the real property,together w lb improvements,if any,thereon,situate,tying and being located in the County of
Weld,State of Colorado,as legally described on Exhibit A attached hereto(the"Property).
TOGETHER WITH all and singular the hereditatments.and appurtenances-thereto 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 der tand whatsoever of Grantor,either in law or in equity,of,in,and to the Property;
TO HAVE AND TO HOLD the 'roperty with the appurtenances unto Grantee, its heirs,successors and assigns
forever. Grantor, fur itself and ils-heirs- successors and assigns, does covenant, grant, bargain and agree to and with
Grantee, its heirs, successors and assii;ns, that tat the time of the execution and delivery of this Deed, Grantor is well
seized of the-Property,has good,sure;Irorfcct, absolute and h,.lefnsaitna,estate-othdm,ttagce, in law, in fee simple, and
has good right,full pormr and a,nfv,aity b.gant,-bargain,sell and senvey the sane in manner and form as aforesaid.and
that the same are free and clear firm at fanner_ and_other grants, ha'gain•, sales liens, taxes, assessments,
enn,mbranree.yrld WSW.A lone of whatever kind or nature whatsoever,except and subject to those exceptions set forth on
Exhibit B attached hereto.
Grantor will WARRANT AND FOREVER DEFEND the Property in the quiet_and peaceable possession of
Grantee, its heirs, successors and assiLns,against all and every person or persons lawfully claiming the whole or any
part thereof.
IN WITNESS WHEREOF,Gran or has executed this Deed as of the date first set forth above.
HILL LAKE,LLC,
a Colorado limited liability company
By: Pauls Equities,LW,
a Colorado limited liability company,
Its M r
BY:
. owers
ed Signatory
STATE OF COLORADO
)ss.
COUNTY OF ADAMS A }
The foregoing instrument was acknowledged before me this day of--defy, 000, by Paul W.
Powers, as Authorized Signatory for Pau s Equities, LLC, a Colorado limited liability company, as Manager of Hill Lake,
LLC,a Colorado limited liability company.
• ., d official sal.
Tai •:S'ytr, 1' " Zeta
II kliNed
VB��G.'p0% Notary Public
iklitt..el f‘, OF COI"=
�ICOD .1/N-
LITTLE WATER DISTRICT
Telephone(9701592-2096
ba DIRECTORS: - 835 E.Highway 56
iPresideanlWenta Drawer G
Leo Be el ..Ju1y_24., 2000 Berthoud,coioredo 66513
Main h N oonpI
Glen
n W.Gbean
Dean Rosman
Carey J. Std% an
James W.Such
MANAGER:
Richard H.H.Wham
Steve Shultz
21475 WCR 19
Milliken, CO 80543
Dear Mr. Shultz :
This letter is in response to your re-finest—for a water service
commitment for up to 10 additional residential lots, in the
proposed subdivision described as follows:
PORTIONS OF SEC.30,aidt W. 1/4, SEC.33 R63• Weld County, CO
Along WCR 42 @ WCR 13
The- District provides water service within its service area as
defined by the District . The provision of water service by
extension of existirg water lines of the District to the above
property and the installation of taps for lots ip done under the
terms- of the- Rules_ sod Regulations of the District established by
the Board -of the fist rirt -from t,me to time. You may obtain a copy
of the- Rules- and Regulations- from. the District. This letter
outlines the provisions of the miles and Regulations, however this
letter doss-not chance- any- provisions o£ the Rules and Regulations.
The Board -of -the ti-etrict may alter and amend the Rules and
Regulations at any time-, and the provisions o£ this letter are
subject to alLeiation and -amendment based -on .changes in the Rules
and Regulations of the District .
We currently ha-.re -a 6" nia_ water line 'crated along WCR 13 to
WCR 42 with add.ktionil capacity available Therefore, we can commit
to provide service -t-o the above property, subject to the
limitations in this- letter, for one standard_ residential 5/8" X
3/4" water tap-psi 10t; and the following additional limitations on
the provision of water service are:
I. In August of 1991 the Little Thompson Board implemented
a "system impac':" fee of $1_050 per 1nt fn» all lots to be
adder to- the- syetem. This\ is due upon completion of the main
line extension agreement .
2 . All improvements .to nistrirt facilities required to
provide service- will be the financial responsibility of the
develop 3.-n accordance with the District Rules and
Regulations. 471 improvements must conform to District
Specifications.
3 . Little Thompson Water District requires the transfer of
one share of Colorado- Rig- Thompson water for each lot in the
commitment : The tobL -of this water is subject to rebate from
the tap fees pa_.d from the development .
4-. The- installaticit o£ a_. fire. hydrant requires payment of a
$2, 000 fire hydrant -fee prior to final approval of the
subdivisions- lines-. You will be- responsible for any
improvements needed to meet the _rerpii red _fine flows in your
subdivision.
5 . In order tc, prozride the required flows to the subdivision
you will be- regzired- to instaLL a- minimum 6" Dia. Water line
Enact The inter-section o€ WCR 13 and WrR A2_South through your
proposed subdivision. You may need- to oversize this line and
/or loop the line back to the main -supply to meet any fire
flow needs that the fire--district requires .
6 . You will be required to provide the needed water lines in
the proposed subdivision
7 . The design, inatallatinn and total cost of the project
will be the responsibility of the developer.
It is- possible- that come of the required water lines and
system improvements nay be required, built nr are being designed by
other developers- in the same area_ It they are in place when you
need them then -you may -be able to „t i l i_ze -them to serve your
development ( subject to- the-District rebate policy) . It would be
wise to work wiLh the other developers in the area to ensure that
the water lines instsl=led-would- be- sized to- meet the needs of both
develo ments to reduce the amount of duplication an minimize future
water tine replacement .
The rules and regulations-- regarding Developers transfer of
water rights and pn,.ehase -of tape is-clanging: The new policy
requires the developer to transfer the- water shares and then to pay
for the rest of the tap fee as the water lines are put in service .
The developer then has the taps to sell with the- lots at the price
that he sets. The rebate of water rights is eliminated. The
transition from the old policy to the new policy allows you to
utilize the old policy until 1-0ctober-2-0O-0. You will need to
execute a main line extension agreement and tiauutfer the water by
1-October-2000 to ut:Llize the old policy for this development .
This eummiLmeuL letter -will -expire one year from the date of
this letter if the taps have- not been purrhaaPd, paid for and
installed by that date of expiration. The current fee for the
domestic 5/8" X 3/4" tap is $26, 004. YOU ARK HEREBY ADVISED THAT
THE_RULES. REGULATIONS AND TARIrYS -OF -THE usbrxICT ARE SUBJECT TO
CHANGE W--I OUT pOTTrH; _AND THIS LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION THAT TEMEIN STRICT MAX- CHANGE TUR RULES; REGULATIONS AND
TARIFFS APPLICABLE TO THEAffiuvflxvrmicz. AT ANY TINE WITHOUT NOTICE
TO YOU OR ANY PERSON.
If you have questions, please contact me.
r::lT. cookP.E.
District Engineer
REFERRAL LIST
NAME: Shultz Farm, Inc. CASE NUMBER: SE-840
REFERRALS SENT: August 28, 2000 REFERRALS TO BE RECEIVED BY: September 19, 2000
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department _X_Berthoud
_Extension Service _Broomfield
Emergency Managem nt Office Dacono
_Sheriffs Office _Eaton
X_Public Works _Erie
_Housing Authority _Evans
Airport Authority _Firestone
_Building Inspection _Fort Lupton
Code Enforcement Frederick
STATE _Garden City
_X Division of Water Res urces Gilcrest
Geological Survey Greeley
Department of Health _Grover
Department of Transp rtation _Hudson
Historical Society _X Johnstown
Water Conservation B and Keenesburg
Oil and Gas Conserva on Commission Kersey
Division of Wildlife: LaSalle
West of 1-25 (Loveland Lochbuie
_East of 1-25 (Greeley) Longmont
Division of Minerals/G ology _X_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
X_Johnstown F-8
La Salle F-9
_Mountain View F-10 COUNTIES
Milliken F-11 _Adams
_Nunn F-12 _Boulder
_Pawnee F-22 Larimer
_Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 _USDA-APHIS Veterinary Service
_Southeast Weld F-16 _Federal Aviation Administration
_Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
_Union Colony F-20 SOIL CONSERVATION DISTRICTS
_X Big Thompson
OTHER Fort Collins
_X_School District RE-5J _Greeley
Ditch Company Longmont
_X Great Western Railroad West Adams
COMMISSION/BOARD MEMBER
rictL"-N:
Weld County Referral
C. August 28, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
- Applicant Shultz Farm, Inc. Case Number SE-840
Please Reply By September 19, 2000 Planner Chris Gathman
Project Subdivision Exemption in conjunction with a Three-Lot Recorded Exemption.
Legal Part of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location East of WCR 13, approximately 1/2 mile south of WCR 42.
Parcel Number 1059 30 000005
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
AWe have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Weld County Planning Dept.
Comments:
SEP 11 2000
RECEIVED
Signature V/ 7 (,. �w Date 9/ 7/66
Agency 66
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• 09/22/2000 11: 14 19705870141 JOHNSTOWN TOWN HALL PAGE 13
°
3/41.•).\\
at
Weld County Referral
�• August 28, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number SE-840
Please Reply By September 19, 2000 Planner Chris Gathman
Project Subdivision Exemption in conjunction with a Three-Lot Recorded Exemptiob.
Legal Part of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location East of WCR 13, approximately Y mile south of WCR 42.
Parcel Number 1059 30 000005
The application is submitted to you for review and recommendation. Any comments or recommend tion'you
consider relevant to this request would be appreciated. Please reply by the above listed date so tha we may
give full consideration to your recommendation. Any response not received before or on this dat may be
deemed to be a positive response to the Department of Planning Services. If you have any further q estions
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 Comprehensi Plan
--We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Co ments:
-la r t�,r c C C/ tGvt ci l 1 �. c Di v
4-
Signature J®/ ` ' . :"? Date
Agency J, f 1. •
%Weld County Planning Dept. 4.1555 N. 17th Ave.Greeley,CO.80631 4(970)353.6100 ext.3540 4(970)304-6498
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER oeco-"
Division of Water Resources % -op
Department of Natural Resources e'? TS',
1313 Sherman Street, Room 818
Denver,Colorado 80203 *Ian*
Phone:(303)866-3581
FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/defaulthtm
Greg E.Walther
Executive Director
September 7, 2000 Hal D.Simpson,P.E.
State Engineer
Mr. Chris Gathman
Weld County Planning Dept.
1555 N. 17th Ave.
Greeley, CO 80631
Re: Shultz Farm, Inc. SE-840
SW1/4, Section 30, T4N, R67W, 6th PM
Water Division 1, Water District 4
Dear Mr. Gathman:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors (copy enclosed for your information), this office is no longer providing comments
on land use actions that do not involve a subdivision as defined in Section 30-28-
101 (10)(a), C.R.S. This referral does not appear to qualify as a "subdivision." Returned
herewith are the materials submitted to this office in the above referenced matter.
If you have any questions in this matter, please contact this office at 303/866-3581 .
Sincerely,
•
William C. McIntyre
Water Resource Engineer
Weld County Planning Dept.
Enclosures
SEp 11 2000
cc: Richard Stenzel, Division Engineer
RECEIVED
RECEIVED
AUG 3 1 2000
WELD COUNTY
PUBLIC WORKS DEPT
Weld County Referral
CAugust 28, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number SE-840
Please Reply By September 19, 2000 Planner Chris Gathman
Project Subdivision Exemption in conjunction with a Three-Lot Recorded Exemption.
Legal Part of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location East of WCR 13, approximately 1/2 mile south of WCR 42.
Parcel Number 1059 30 000005
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.
f l See attached letter.
Comments:
•
Signature04411 Le74,ey Date 9- 10 4
Agency Pia-6x (kJ Cn4 ,
+Weld County Planning Dept. :•1555 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Held County Planning Dept,
rect 114--
MEMORANDUM SEP 26 2000
RECEIVED
' TO: Chris Gathman, Planning I DATE: September 22, 2000
CFROM: Donald Carroll, Engineering Administrator
• SUBJECT: SE-840; Shultz Farm, Inc.
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 13 is designated on the Transportation Plan Map as an arterial status road, which requires a 100-
foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by
Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance(Ordinance
89, as amended), the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works recommends approval of this application.
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.
No new private residential accesses shall be allowed onto roadways classified as arterial. A parcel shall
share the access point already in existence. Access to new parcels may be obtained by a mutual
reciprocal easement across the involved parcels to connect with existing points of access or by
connection to adjacent public non-arterial roadways.
pc:SE-840
plan7se
KAY-24-00 WED 07:49 AK WELD COUNTY PUBLIC W187 FAX:9703046497 PAGE
toed
RE:
Odra Cate No-
- APPZND4XB
WELD COIINTY ROAD ACCI&S INFORMATION SUET
WeldComtty Pak Wodts Deportment D
it
1111 E SVeet P.O.Box 7* Greeley,CO 80632
. Phan (970)356.4000.Ext.3750 Pa: (970)3046497
I Applicant Name 54a-1 . rA1ct1, i4'c - _ Phone 970) 479-Z$4t
Addrost g9-1 4707 Wu_. Let city Miu.1KZ1.1 Sumo 7Ap X73
2. Address or location*faeces 111 54 vfitz- t27
Saesioh 30+ 3 t Township_.� Lot
Subdivision NA, Stock
Weld comity Rood I3 Side dReed `/r- _Disesteems meati4Emeecdo4 A• L ' fwri cP t j r-.4(o t Iii
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#340tri MEMORANDUM
TO: Chris Gatham DATE: September 6, 2000
O FROM: Trevor Jiricek, Environmental Health Servi
•
COLORADO SUBJECT: Shultz Farm, Inc, SE-840
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.
Weld County Planning Dept.
SEP 08 2000
RECEIVED
WELD COUNTY DEPARTMENT OF PUBLIC SE#r,ie
rz HEAL" AND ENVIRONMENT ORG PERMIT#
1555 . r7r"AVENUE REPAIR It
GREELEY,COLORADO 80631 LOAN#
PHONE: (970)304-6415 ISDS#
FAX: (970)304-6411
la
C STATEMENT OF EXISTING FOR SEPTIC SYSTEM
COLORADO (PLEASE FILL OUT IN BLACK INK ONLY)
PARCEL# 10 59 So 00000s-
PROPERTY OWNER 3 Ho c-TR- Era 1O c-- MILL-
PHONE Na (Pc') 5-.5).- 2-7`/`1
kit MAILING ADDRESS c -I'j7S i 1 `� U�ILt-1C;E.P) CO 50S-413
City State Zip
DESCRIPTION OF BUILDING (ex. house,mobile/modular home,shop,office) /4c00S C.
SITE/LOCATION ADDRESS i 913 Li wCA(2-- 13
City State j1 Zip
LEGAL DESCRIPTION PT PT501 �9 SECTION 's G TOWNSHIP 7 RANGE 67
SUBDIVISION LOT BLOCK FILING
CENCUS TRACT LOT SIZE/ACRES I, 7g-
COMMERCIAL YES/NO RESIDENTIAL ES NO
NUMBER OF PE SONS S BASEME TLUMBING YES/NO
BEDROOMS ' BATHROOMS FULL j 3/4 , 1/2
WATER SUPPLY PUBLIC YE`/NO UTILITY NAME (./" fl.t l earn.3
PRIVATE YES/NO CISTERN YES/NO WELL YES/NO WELL PERMIT#
SYSTEM SIZE: Septic tank material is constructed of ( CtTk and has /O0O gallons capacity.
FIELD: Trench square feet or Bed !.}).Me-).1r L-, 1a square fret YEAR INSTALLED*"fib 7
You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate
location,length,width,and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system is in fact installed,as
described,and exists at this time on the parcel of ground identified by the above legal description and further states
that the system is/is not in good working order and to the best of his/her knowledge is/is not failing to function
properly.
I further understand that any falsification or misrepresentation may result in revocation of any permit granted based
upon this information hereby submitted a in legal action for perjury as provided by law. tfijk,,4
g e l 0 / XJ i�7a.A. Vim. \�J�f/rot
DAT OWNER
Subscribed an,iii€.9417"-,, + '1). •fore me this k dat'o u .s 74— , l
by S4Out a Fitgw ws ' A-RUTT
TA
Witness my h i. -nd of ..' • seal. My commission expires: inRAci .0/ o?eoS
orC?
r---;-690 t4ro, mma,t 2805 y
DATE NOTARY PUBLIC
STATEMENT OF EXISTING REVIEWED BY
ENVIRONMENTAL PROTECTION SPECIALIST
("it 11;-%...: Weld County Planning Dept,
SFP 05 ji1o0
_ -, _ EDWeld County Referral
III ig C August 28, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number SE-840 E
Please Reply By September 19, 2000 Planner Chris Gathman
Project Subdivision Exemption in conjunction with a Three-Lot Recorded Exemption.
Legal Part of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location East of WCR 13, approximately 1/2 mile south of WCR 42.
Parcel Number 1059 30 000005
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.
D 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.
�ee attached letter.
Comments:
•
Signature �.------ Date /Q)
Agency 21./ {/S
-J/ j c S
+Weld County P ing Dept. ❖1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
WELD COUNTY SCHOOL DISTRICT No. Re - 5J \k •
3 NORTH JAY AVENUE JOHNSTOWN GO 0534 by s,
Weld County Planning Dept. c c
DR.JACK E.PENDAR _
SUPERINTENDENT P 05zoo
Phone(970)587-2336
Fax (970)587-2607 RECEIVED
Septemberl, 2000
Weld County Planning Department
1400 N. 17"'Avenue
Greeley, CO 80631
Thank you for referring case numbers SE-840, RE-2840 and RE-2842 to the School
District. As stated in my previous letters the projected student impact upon the
Johnstown-Milliken School District appears to be minimal as presented and at this time.
Any students living in these areas, as indicated, would attend Milliken Elementary
School, leftward Elementary School, Milliken Middle School and Roosevelt High School
under the present school organization plan. Currently our schools are above or nearing
capacity, especially at the elementary levels. Our five-year plan indicates that we will
need to build additional facilities in that time frame, with the building process to begin
immediately.
As of this date the Towns of Johnstown, Berthoud and Milliken have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present the cash in lieu of land dedication fee is $750 and has been
approved by Milliken, Johnstown and Berthoud. This fee is paid at the time of the
issuance of a building permit and is paid directly to the school district. As this proposal
directly effects the school district, I would request that the applicant voluntarily
contribute the same fee as all other homebuilders in our communities have done since the
inception of the IGA.
Sincerely ;
k E. Pendar
erintendent
CERTIFICATE OF CONVEYANCES
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD ) Order No. WT54635
The WELD COUNTY TITLE 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:
THE SW1/4 ; THE S1/2 OF THE NW1/4 ;
THE SW1/4 OF THE NE1/4 ; THE NW1/4 OF THE SE1/4 ;
AND THE S1/2 OF THE SE1/4 OF SECTION 30 ; AND THE NW1/4 OF SECTION 31;
ALL IN THE TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. , EXCEPT FROM
SECTION 31 "MINNIE LAKE RESERVOIR" AS CONVEYED TO JON W. ERKENBECK BY
DEED RECORDED IN BOOK 31, AT PAGE 481, OF THE RECORDS OF WELD COUNTY,
COLORADO; A TRACT OF LAND CONTAINING APPROXIMATELY 7 .4 ACRES CONVEYED TO
JOHN A. HEWITT AND CHARLEY A. HEWITT BY WARRANTY DEED DATED FEBRAURY 2 ,
1903 , AND RECORDED IN BOOK 207, AT PAGE 37 , OF THE RECORDS OF WELD
COUNTY, COLORADO; AND A STRIP OR PARCEL OF LAND CONVEYED TO THE NORTHERN
CONSTRUCTION COMPANY BY WARRANTY DEED DATED FEBRUARY 8 , 1905, AND
RECORDED IN BOOK 73 , AT PAGE 242 , AND STRIP OR PARCEL OF LAND CONVEYED
TO THE NORTHERN CONSTRUCTION COMPANY BY WARRANTY DEED DATED JANUARY 18 ,
1905, AND RECORDED IN BOOK 73 , AT PAGE 241, ALL IN THE RECORDS OF WELD
COUNTY, COLORADO (GREAT WESTERN TRACTS) .
CONVEYANCES (If none appear, so state) :
Book 1522 Reception No. 1295295
Book 720 Reception No. 1641907
Book 1017 Reception No. 1951627
Book 1017 Reception No. 1951628
Book 1044 Reception No. 1982957
Book 1349 Reception No. 2301680
Book 1471 Reception No. 2419225
Book N/A Reception No. 2763982
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
Opinion of Title, nor a Guarantee Title, and the liability of WELD
COUNTY TITLE COMPANY is hereby limited to the fee paid for this
Certificate .
In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this
Certificate to be signed by its proper officer this 29TH day of JUNE,
2000 at 7 : 00 A.M.
WELD COUNTY TITLE COMPANY
t •
By: ,, W:i �wJ
Authorized Signatory
!i G =:'I n i5!7; till
I;;12 a r r;;It;;;: • Ies Eli :s :;ly,l ill wta�l ��el irg'ei
C¢iic L320r ei¢i u:c
2763532 0412;/2000 1296? JA Saki Teukamoto
1 of 3 r': 15-30 0 :::090 Weld Count/ Cu
eaLoret.RANTY DUD
/ v G hIS DEM- , ,nv1e this 25th day of Apra, 2000, between LAKE FARM, LLC, a Wyoming
limited liability cort,any, ('Grantor`), and Nei+ LAKE, LLC, a Colorado limited liability company,
whose legal addrees is 3950 Lewiston Street, &'101, Aurora, Colorado 80011, the County of Arapahoe,
State of Colorado('Grantee').
}WJTNFSSEFH, that the Grantor, for and in consideration of good and valuable'consideration
and TEN DOLLARS ($10), 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, Its heirs, successors, and amiss forever, all the real property, together with improvements,
if any, situa e, lying, and being in the County of Weld,State of Colorado, described as follows:
The Southwest one-quarter(SW 1/4);
The South one-half(51/2)of the Northwest one-quarter(NW1/4);
The Southwest one-quarter (SW1/4)of the Northeast one-quarter(NE1/4);
The Norti"::es.one-quarter (Ntrt/4)0f the Souhc t enc-quarto (SE114);
and the South one-half(Si/2)of the Southeast one-quarter(SE1/4)of Section 30;
and the Northwest on quarter (NWI/4)of Section 31;
All in Township 4 North, Range 67 West of the 6th P.M., gniga from Sermon 31
"Minnie Lam Reservoir" as conveyed to John W. Erkenbeek by deed recorded in Book
31, at Page 421, of the records of Weld County, Colorado; a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty
deed dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of
=tell: County, l-JIJ&:.UO, WFl a strip or p-a.celoflarad conveyed to aEtc Northern
Construction Company by warranty deed dated February 8, 1905, and recorded in Book
73, at Page 242, and strip or parcel of land conveyed to The Northern Construction
Company by warranty deed dated January 18, 1905, and recorded in Book 73, at Page
241, all in the records of Weld County, Colorado (Great Western tracts).
TOG THHER with all and singular the herelitaments and appurtenances thereto belonging, or in
anywise avvnertaining, and the reversion and reversions, remainder and remainders, rents, issues, and
profit thereof, and all the estate, right, tit e, interest, claim, and demand whatsoever of the Grantor,
either in law or in amity, 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, its heirs, succors, and assigns forever. And the Grantor, for itself and
its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs,
successors, and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well •
s"t "d of the premises above conveyed, bas good, sure, perfect, absolute, and indefeasible estate of
inheritance, in taw, in fee simple, and has good right, full power, and authority to sant. bargain. sell.
and convey the same in mans and form as aforesaid, ant' that the same are free and clear from al
forme- and other grants, bargains, saes, liens, taxes, assessments, encumbrances, and restrictions of
whatever kind or nature soever, except and subject to exceptions set forth on Exhibit "A" attached hereto
and incorporated herein by reference; and real property taxes for the year 2000 and subsequent years.
The :3rantor will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable po smsicn of the Grantee, its heirs, successors, and assigns, against all and every
per 7'or persons iawfui y claiming the whole or any pal thersof.
iN I T NESS WHEREOF, the Grantor has executed this Deed on the date set forth above.
LAKE FARM,LLC, a Wyoming limited
tiahilin/comnanv
i?QIP T apa Ilkn,'i &Iat i< y ic5i i o i
I i"9'"I ^ii'i ZIII $ r l IIMnl Ill 0 110 DM IBai
.ii +nlia 111:111 l;ai ),I; &ii :a Ilieti In !ODUS I'll IRE!
_.._
2 oulan iil 72:0GP JA Saki isuiwmoto
2 or tim 24) ZR , nm.,
STATE OF COLORADO
)
COUNTY OF L A IME
The foregoing i_'tatmem was subscribed,sworn to, and acknowledged before me this—day of
April, 2(11), by MARY HELEN REED, member of Lake Farm, LLC, a Wyoming limited liability
compzny.
Witness my hand and official seal.
My commission expires: 2/7/07
x ; " 'inn
NotalPabife
inq
, PUBLIC ?04
va a'J¢
�'..� OF-CO\-J.°r
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•
2763982 04/26/2000 12:04P JR Fuld Tsukamoto
3 el 3 fl 15.(A 0 35U.00 VJCio county Co n a
EXHIBIT"A" t.
I
1.. Reservation(s) as contained in Patent recorded November B, 1881, in
Book 20 at Page 357. Said reservation(s) being as follows: "All
'Mineral Lands' should be found to exist in Che tracts described in the
foregoing, but this exclusion and exception according to the terms of
the stature shall not be construed to include coal and iron land."
2.. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
the United States Patent recorded January 16, 1883 in Book 34 at Page
114, and any and all assignments thereof or interests therein.
3. An easement for telephone and telegraph lines and incidental purposes granted to
American Telephone and. Telegraph by the instrument recorded December 24, 1927 in
Book 833 at Page 4314'
4: An easement for electric power lines and incidental purposes granted to Colorado
Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at
Page 442..E
5: An casement for communication facilities and incidental purposes granted to American
Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at
Page 5164/
6, An easement for a pipeline and incidental purposes granted to Sinclair Pipeline
Company by the instrument recorded June 26, 1963 in Book 1651 at Page 16.✓
7. Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded
August 6, 1374 at Reception No. 1641907.
B. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1984 at
Reception No. 1954168 and April 12, 1985 at Reception No. 2005573
9. An easement for pipeline and incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded July 24, 1989 at Reception No. 2186144.
10: Oil and Gas Leases Recorded:
June 26, 1964 at Reception Nos. 1439378 and 1439379.
December 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786
February 4, 1980 at Reception No. 1816043
11. Right-of-way and Surface Damage Agreement dated November 9, 1984,between Lake
Farm,a general partnership, and Shepler&Thomas,Inc.,pertaining to oil and gas wells
in Sections 30 and 31.Township 4 North,Range 67 West,6th P.M.
12. Farm contract with Don Seewald dated November 24, 1998,as amended and extended on
March 21,2000.
13. Oral month-to-month lease of the home at 19I34 WCR 13,Johnstown,Colorado.
14. Boundary line discrepancies,conflicts in boundary lines,shortage in area and
encroachments as showm on the boundary and improvement survey prepared by C.R.
Moore Land Surveying dated April 16,2000.
15. Right of way for Fanners Extcnsion Ditch as shown on Survey No.41-00 dated 4-10-00
by C.R.Moore Land Surveying.
16. All oil, gas and other minerals are a severed interest and are excepted as
described in As-A^ recorded January 25 19954 at Reception No. 1954163
and April 12, 1085 at Reception No. 2005573.
..,;..>rvx.^F4„gf,:d' r
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1
2419225 B-1471 P-737 12/15/94 04:02P PG 1 OF 2 REC DOC 5KA+,
Weld County CO Clerk & Recorder 10.00 ;a
WARRANTY DEED
•,,
{ Age4192aS 2 `'
I Grantor, HELEN Y. McCARTY, county of Boulder, state of ,
Colorado, for the consideration of Ten Dollars ($10) , in hand
paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming
Ilimited liability company, 6387 N. 107th Street, Longmont,
I Colorado 80501, the following real property in the said county of
Weld, state of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
(Actual consideration less than $100) 1
also known by street and number as: Vacant land.
with all its appurtenances, and warrant the title to the same,
subject to 1994 real property taxes and subsequent years' taxes;
easements; rights-of-way; and reservations.
3 Signed this /�.\j day of December, 1994. •
HELEN Y. McrCCARTY 7
(! V r +
STATE OF COLORADO )
I ) es.
County of Larimer ) r ;.
The foregoing instrument was subscribed and sworn to before
me this /a'64 day of December, 1994, by HELEN Y. McCARTY.
AGE . `.SL. ir, v.>GC/�i
e
'o NOTARY'• Notar Public ���6
', My commission expires:
024/7M'
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2419225 B-1471 P-737 12/15/94 04:02P PG 2 OF 2 S" w`
,
EXHIBIT "A"
•
The Southwest 4-4, the South 1 of the Northwest k, the
Southwest 14 of the Northeast :, the Northwest : of
the Southeast 14 and the South 1 of the Southeast h of -��.'
Section 30, and the Northwest ; of Section 31, all in
Township 4 North, Range 67 West of the 6th P .M. ,
g >
containin in all 560acres, more or less; (excepting ,
from said Section 31, "Minnie Lake Reservoir" as ;-' ;
conveyed to John W. Erkenbeck by deed recorded in
Book 31, at Page 481, of the records of Weld County,
Colorado; and excepting a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty deed dated February
2, 1903, and recorded in Book 207, at Page 37, of the y;,t
records of Weld County, Colorado; also excepting a
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February ,'
8th, 1905, and recorded in Book 73, at Page 243, of
the records of Weld County, Colorado; and also excep-
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded x
in Book 73, at Page 242, of the records of Weld
County, Colorado) ; but together with all ditch and
water rights appertaining to said premises, including
21. 9 shares of the capital stock of The Farmers
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of
the capital stock of The Bunyan Lateral Ditch Company,
also all right, title and interest of the grantors in
l and to a certain reservoir, priorities and water
rights, known as the "Hill Reservoir", said reservoir
having priority No. 4, as of the first day of February, ';'21,
1879 ; County of Weld, State of Colorado ;
ALL s
Further together with 150 units of the Northern Colorado 4% .
Water Conservancy District . ,I. xk
.tr.
& x
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y -w^rY� �•b�hGro4. 4 �� �»b M a 5p x � u. 1,+N' >E a r
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At
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D 1349 RLC 02301680 08/28/92 16:15 $10.00 1/002 I
WELDCCO
4 WARRANTY DEED
LAKE FARM, a general partnership, whose address is P.G. Box
596, Longmont, County of Boulder, State of Colorado, for and in , .
consideration of Ten Dollars ($10) and other good and valuable
consideration in hand paid, hereby sells and conveys to HELEN Y.
McCARTY, whose legal address is P.O. Box 596, Longmont, County of *�'xr.,.
Boulder, State of Colorado, the following described seal est `
te, � •e I .
in the county of Weld and the state of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated ,,>. i,
herein by reference. bi). {f
with all its appurtenances, and warrants the title to the same, o- '
I
•
subject to: 1992 taxes payable in 1993 and subsequent years' fie...-7
taxes; a first deed of trust in the principal amount of 't:n E iq E .
$150,000. 00 to the Equitable Life Assurance Society of the United i
States dated January 27, 1986, which grantee assumes and agrees
to pay; easements; rights-of-way; and reservations of record. F .c.
"'
Signed this day of June, 1992. wear
LAKE FARM, a `# 'general partnership s≥�
n .r i
i f r7/' . ?' --Z.-- s•, f
Helen Y. Mcc rt/ y, partner
j �(/�aJ/ Ai � 4
By ,;
Michael H. MdCarty, partnef kz . '
t;
t STATE OF COLORADO ) fr� ,
ss.
`° County of Boulder ) , ;�
E.1`4;tu₹,. The foregoing instrument was acknowledged before me tsi'isolo7 ,`"•'. err �
day of June, 1992, by Helen Y. Mccartpartner of. Lake C°
Y, a An
Farm, a general partnership. 1; : .
Notary Public .;� i
°+ My commission expires: c ./.??.,:',,c--.' � � ,;
:.A /,-, / jabs
t: S'IATE OF WYOMING ) c r .+
,, Park )
xo F' 9)jF
The foregoing instrument was acknowledged before meSFLQsO r s S ' r '^s
_i ,,,, day of June, 1992, by Michael H. McCarty, a partner 2.., L�'"'�w`_ �: ] * d=ry ri
Farm, a general partnership. ••.'.....1.))r
°IFIX Cr) •' qn`', t 3 ..
s; F Eck 4.ws;
pr
I _ ' u
Notary Public: - --- �:1 t :
My commission expires: �.�.,��-
i L A
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9 1349 EEC 02301680 08/28/92 16:15 ^r]U.00 2/OU'J. > ";` fh ''
F 0679 NARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 'rP5.`
r �, , «
. I
A�
The Southwest ';, the South I; of the Northwest k, the . °)
Southwest 1 of the Northeast I' xv`
';, the Northwest , of ..--:.,,r4"-::,
the Southeast )2 and the South Iy of the Doutheast h of 4. "
Section 30, and the Northwest : of Section 31, all in
{� Township 4 North, Range 67 West of the 6th P .M. , Wt--:'.4-. .-...-
containing in all 560 acres, more or less; (excepting
from said Section 31, "Minnie Lake Reservoir" as +.
e1,%
'c . conveyed to John W. Erkenbeck by deed recorder in
Book 31, at Page 481, of the records of Weld County,
Colorado; and excepting a tract of land containing
approximately 7. 4 acres conveyed to John A. Hewitt !:
and Charley A. Hewitt by warranty deed dated February '' F;•....
2, 1903, and recorded in Book 207, at Page 37, of the '.,.
records of Weld County, Colorado; also excepting as 1
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February - " '
_ 8th, 1905, and recorded in Book 73, at Page 243, of v+`
the records of Weld County, Colorado; and also excep- 1: '
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded
in Book 73, at Page 242, of the records of Weld pp
County, Colorado) ; but together with all ditch and
2-ex water rights appertaining to said '4'fp
g pp_ g premises, including
21, 9 shares of the capital stock of The Farmers x r
Extension Ditch Company, 9 shares of the capital .
'.j stock of The Highland Ditch Company and 25 shares of
the capital stock of The Bunyan. Lateral Ditch Company,
also all right, title and interest of the grantors in
and to a certain reservoir, priorities and water t4::::-:..right;, known as the "Hill Reservoir", said reservoir ,,
having priority No. 4 , as of the firFt day of February, F2
1879; 31V.k.'
a
ate,
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B 1044 PEC 01982957 09/26/84 1D 39 56.00 1 (002 F':
F 1496 MARY ANN FEUEPSTF.IlI CLERK & RECORDER WELD CO, CO
r y ,
..
HELEN Y. MCCARTY (an undivided 87.211% in crest) ;,,!A
and MICHAEL H. MCCARTY (an undivided 12.7 9% a d r
interest) ,
, -
,, , r Ihe,. 1306 M. 9th Ave. , Longmont, .?^' .('aunt}- :.,• Boulder . State .,f
Colorado .fur the un,aldrration of 5.
41
L ' TEN DOLLARS AND OTHER GOOD AND VALUABLE C 'ISIDERATIO:'I t
x
y�.a :Julia,. in hand paid. It n h;. r,.11l-) :m•I cr r.vey(a I -.‘:'t
,
rFb!R LAKE ;•ARM, a general partner;h1p &{ :Y t
bx F" '! ..rl alJ.,_.a 1;05 N. 9th Ave. , Longmont, t.', n•, of
§i. 8oulr,_r .nd Slnv,f Coloradmhllmsinl;r:l fri rD:mtl, L.S
Courtly of 14e13
"{ {� st:E EXri If:IT "A" ATTACHED :IER:T0 AND INCORPORATED •"P ,
t!EREi7 BY REFERENCE. *
'a
Y rt
,5
>5
(arrt.:al r-u'I::i-lorati.on than 5100. 00!
WS!" • d
. ,
'- • ' 11,'• iii041 b.a:?.1
,a i
j t.
t, 's appurtenances. andwarranty')' ,tt ,.... In the same„ !) u 'r' - .
JG r�z�•s u�r abl � W` 4 r.
•n t - tavr.ti- ”.-in—me nt•;, r1jnt .___ _w.,/ % d
clf
wss< ,r • ona reservations cf record.! • tr
7Y ,
q.N + S.. . .s- �'-:� ' day el September 79 34.
�d.3.'�' t•52
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r • n 1044 ?EC 0'.902951 09/26/04 10:39 56.00 /002
F 149', MARY ANN' FEUEF.STF.IN CLF.RR b RECORDER IJELD CO, CO r hfro.t
I X'Sr r«Pr`s • a-
• Nr
the .1";:x'' ..4%*`>'
the South !; of the Northwest .#,. a
Toe Southwest , 1 the Northwest 1 th
r63/4e
Southeast
of the Northeast
the Southeast and the South•'s of the Southeast f of �R �� ��� � `�
Section 30, and the Northwest . of Section 31, all in i 4li' ' a sLs
containing
4g North,lRange 67 West or f or he less; P.M.,
r;
fromin 560 said See[ior. 31, "Minnie Lake Reservoir" as }, r �
conveyed to John W.401Er'r Erkenbeck records deed
rf ecorded
'�,.,iv` r ,yp le
solo ad at Pa excepting II .r r-;41' '"{y'- x
3� Colorado; and cr.ccpt ing a tract of land containing ,
;k approximately 7.4 acres conveyed to John A. Hewitt {
and Charley♦ A. Hewitt by warranty deed dated February L,ary s tFl ^t a :e
1903, and recorded in BooY, 207, at Page 37, k's; '"r,,'r 3' sS'�
records of Weld County, Colorado; also excepting a e '+r' `
strip or parcel of land conveyed to The Northern x fi
construction Company rby warranty deed dated February
243ruefs •'�€ }* l";• '_
8th, 1905, and recorded in Book 73, i-psiH_
the records of Weld County, Colorado; and also excup- } d
Ling fro:; said Section 30 a strip or parcel of landco w
warrayed to The Northern Construction Companyd ccrued f�i.' "x°`"a"W' . K` r' .1
3i warranty deed dated February 18, 1905,
in Booky, 73, at Page 242, of the records of Weld ��;'y`at-�≥�
County, Colorado) ; but together with all ditch and f< rr J. Syr .ii.•fnt= appertaining to said premises, including k s f <, ,
. . _
21,9 shares of the capital stock '
'.xten loo Ditch Highland
D 9F shares
panoof andthe
acapital share of M1 ;� a a F`
hecY. pi The Lock or G h• t B-•the capital stocY. of Sh^ Punyan Lateral Dltch Com»ny,
ntors in
_ also all right, title voi r,r'prfor it ies rest of �a nd rio Ewatorig&-17.47-MR.OZ4W1f12it'i'.
rtrzand t0 a certnown an the ' n eiimown a5 the " fill Reservoir", said reservoir wkikt � 8)
rights, as of the first day of Fe.h•uary,
having priority `:o. 4, " '
r �, '. Fk '�s�
1875; :::::::;siaivt;;;:tr,ft:::,;‘,..j.ji-i,
` , KVq gd1 4Kyt,}
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h'KIi R'. ._.... �i♦.'.aS �f11,Y�i' Y -y e f[ � r
s Pl e i.."�.i�. E.[ 4 1 4 .�
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..t��vyk:YofT1+xT :Y �i'G niw45�tr y.rf i`4 L'�Tx•;. '� N �-+E a �t.N u -r • :f *, 'Y
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B 1017 REC 01951628 12/30/03 14:36 $3.00 1/001
'AR1951628 F 0255 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO . -
>rr
bx
rr',
PATRICK W. t47CA1il'Y i z:,q, ,
F,g' .Y ltnd'w it whose address is 2525 W. County Pd. E4 `A'
ti *xcs rz'` ivry
{ , Berthoud, County in Leaner ,State of
: '4 Colorado .(or the consideration of TEN and °M at MOO NC P."' till';:t s
eta vALuA,r2 CYlSIDERATIGN 6 _
•
b.. I S
t..,-/It e xtm¢Y in hand paid.hereby 5dI(s) and convey(s) to `�"" ^
'Olen Y. McCarty a ,4�
y+' '� whose legal address is 1306 W. 9th Ave., Lnngmint, County of
lkl[fy ltp 4
- Eould_r ,and State of Colorado the following read property in the ^'
a, s1;; a
• an undivided 12.7898 interest iic%lielYticgt Weld .and State of Colorado,to wit: ',-..:1',Is.
58Y` The Southwest 1, the South Is of the North'nst b, the Southwest Is of the Northeast ..t.ls r a�
' t '`yak Is, the Northwest Is of the Southeast k and the South 1s of the Southeast 1x of +.• : £0 `.
' Section 30, aid tie Northwest 1 of Section 31, all in Township 4 North, Range 67 ti`s"'+---•-
'""`' ,t. West of the 6th P.M., containing in all 560 acres, note or less; (excepting from t,,.:'w,• t
1 .^s •)_.: said Section 31, "Minnie Lake Reservoir" as conveyed to John W. Erkethedc by deed K 7 ...
-4- -.. recorded in Bock 31, at Page 481, cf the records of Weld County, Colorado; and '' t"
' ~ A� ' exc ox epting a tract of land containing approximately 7.4 acres conveyed ba John A. i $i�
t: . 6 Hewitt arc] Charley A. Hewitt by warranty d ^f dated February 2, 1903, and recorded
in Book 207, at Page 37, of the records of 'held County, Colorado; also excepting a ,�.,•ifit
strip or parcel of land conveyed to The Northern Construction Cargany try warranty f
dna''i dated Fehr-earl 8th, 1905, and rrz�rded in Bode 73, at Page 243, of the records it;p:41-4,..,41,---•'
1-'�1,
of Weld County, Colorado; and also excepting from said Section 30 a strip or Gt a. il v
.,t,'. parcel of lad conveyed to The Northern Construction Cs any by wa....^.17 deed
dated February 18, 1905, and recorded in Book 73, at Page 242, of the records of V4y ,,.�,1
,� Weld Gouty, Colorado); but together with all ditch and rater rights appertaining
sw-1 to said prerri.w c, inc'.uding 21.9 shares of the capital stock of The Farriers ,4 !.
rt ,� a
t` F.xV;rfanal Ditch CottQarly, 9 shares of the capital stock of The Highland Pitdl ' :••fir y �':
•-,L• WT, C..t rw a—ed 25 6. 'es off the Writ .^_.t Y of The Be r•an Lateral Ditch Co cry: :h,h)a}r} r'
�,s7-1 also all right, title and interest of the grantors in and to a certain reservoir, s .
.t%. priorities and inter rights, known as the 'Hill Reservoir', said reservoir having "_..`r ,:
,r.. - nssrhs priority No. 4, as of the first day of February, 1879; ? ,,, ,s'
i..
Xik" y,,, r; - with al: its appurtenances, and warrant(s) the title to the same, subject to prior years' taxes s r> �
t- v r which grantee accepts and asstmes to pay; easct restrictions
nts, restriions and rights-of- 'x3`7'~'" ''
,g.. tt`c u y of reotrd or in place:, if any.
,v N .stagy a
.1:;...-,.,,-4:-. E.---,--.1,—. ...
Signed this jot Cf. day of D�catd�1 ..) 31 )1 E ns
,;M Patrick W. ttCa_-Cy / 4 {FY
y S•i .1 c^n rc nc rnr nRAnn, -I , ,y* „ ., r•„
Yh '. 155. f 'u`�SS
• County of J P_ s
l ['' , .,
ry
tih The foregoing instrument ems acknowledged before me this .7G: > r .w
y._ day of f .ter . 19 83 by Patrick W. McCarty r„ a•".. o'{
, i J*P t r' 7T-. .-. 4__- t� %!f(T Y/.../tea 1 'ate"
1 5ZA4j ndando al s}� \.J f jy
1
r.' �.��_ ,t®S-Z/ a
r ..� ....awn...-..: -.p..r. fr.'.,
1 v "'
;. � �"+ , y' -.i.c Y 'N'�'`W. ,�a: r t if 1 NF f t( �• lr�
._,.Ws..i,4 t. u' .q x
... ..,...-.l,e:'..3,...,� .. A.-§Yfro1�§Fa"x �f '.w....,. ^i.4w'a'4'Tui'na,n•'>... a L� , :`�+;.,__._ '....
ft
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i' 0111.5 .s27
F1*:
B 1017 REC 01951627 12/30/83 14:35 $6.00 1/002P�`_ sae r ,�
• F 0253 NARY ANN PEUEP.STEIN CLERK 4 RECORDER WELD CO COQ
,,i.“., pp[++
0-';' -'4.-,' i
!:v Vm
T
i ..- ¢ : +.
7i
PERSONAL REPRESENTATIVE'S DEED ;yp Aiik7'
•- I9 iYK y�
p .' THIS DdED made by MICHAEL H. MCCARTY and PATRICK W. , wy4
MCCARTY, as Co-Personal Representatives of the Estate of f ' f: y
Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY, k�� µ71a
an undivided 74.422% interest, MICHAEL H. MCCARTY, an. -., e . ;
4`
"a+ undivided 12.789% interest, and PATRICK W, MCCARTY, an ,1tiY
undivided 12.789% interest, whose address for the purposes ' "
fiS ,
of this Deed is P.O. Box 550, Cody, WY 82414; Wiw ti :. h
,fit� , WHEREAS, Grantors are the qualified Co-Personal h Cnr-:
IA .3 : ;e 1 `
Representatives of said Estate, Probate 481PR326-3, Boulder FLF ..,
p42 r, t r ,County, Colorado; and, 1
',,,W!,. .,''41, ;"..6•::2 .
THEREFO"a::-;, Grantors convey, assign and transfer all
a•"J i ! . ' . r}a
to Grantees the following real property in Weld County, .. '
Colorado:
The Southwest 4, the South 4 of the Northwest 4, the ' , s"
Southwest 4 of the Northeast 4, the Northwest 4 of
the Southeast 4 and the South n of the Southeast 4 of
,:. Section 30, and the Northwest 4 of Section 31, all in - ,.,, ty„�1'
Townshi• p 4 North, Range 57 West of the 6th P.M.,, 4 , Vic:'
containing in all 560 acres, more or less; (excepting [ "2, �'
from said Section 31, "Minr`.e Lake Reservoir' 'as ;
conveyed to John W. Erkenbeck by deed recorded in 6.
Book 31, at Page 481, of the records of Weld County, V ,*..
Colorado; and excepting a tract of land containing ,
approximately 7.4 acres conveyed to Jahn A. Hewitt
and Charley A. Hewitt by warranty deed dated February 147
2: 1903, Page EEkaYWPI,._....
and recorded in Book 207, at 37, of the 4a +a
records of Weld County, Colorado; also excepting aWra
_`rip cr parcel cf la:,d con ey_d to The `ern [
Cost-" ion Company by warranty deed dated February "
$ 8th, 1905, and recorded in Book 73, at Page 243, of V �, e,..i i
", the records of Weld County, Colorado; and also excep- ) ..
ling from said Section 30 a strip or parcel of land � ,r.
5 A•:2 Nos,„,. ,... Company byconveyedtoThe T^ �
warranty deed dated February 18, 1905, and recorded .k.ryr, '
` Pi In oQk 73, at Page 242, of the records of Weld : a_,
m-av County, Colorado) ; but toaether with all ditch and [ .nom a t 1'e':
n.•e, water rights appertaining to said premises, including - - — i- � .':
al
C • 21.9 shares of the capital stock of The Farmers }b
Extension Ditch Company, 9 shares of the capital ° `
$ stock of The Highland Ditch Company and 25 shares of sr ay
„• the capital stock of The Bunyan Lateral Ditch Company,
also all right, title and interest of the grantors in ei r , ,::.- `. .a
,. end to a certai,, reservoir, priorities and water , , ; .t.
Sz
'ty3" rights, known as the 'Hill Reservoir', said reservoir L'.€, < 'k-A
WW
- having priority No. 4, as of the first day of February, C;.),-.73,-,7:4,717q- ,
+4* 1879: , "
y }
vt'IE" I rh J .q,
F, [ _
5" .
:RYB'.
w`r B 1017 REC 01951627 12/30/83 14:35 $6.00 2/002 - . .
a..,,4 F 0254 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
sz,
a -J [
a... A'-e•.,--• r as
; -
SUBJECT to all easements, rights of way and reserve- 3 a3
tions, zoning restrictions and covenants of record or -'..),!- J- ,
otherwise established; all assessments and subse-
quently assessed taxes. c f
f<"C
EXECUTED this „lp day of December, 1983. °" "•
•
Mich el art co-Pdrsvnal Li %„1§�' �
Representative
7tritrick M. Mccarty, co-Personal/9
> av ,;
Representative ,�
'.T4,r OF COT.ORAnO ) ,
,5 ) C3. T ''.',' .r'.
CJUNTY OF ) Ems.
'PE A.
•
The far�goirg instrument was acknowledged before roe �,t�
this All day of December, 1983, by Michael H. McCarty , �a
‘, and Pack W. McCarty as Co-Personal Representatives of the ' �
Estate of 1Sorace G. McCarty. r ,,..W .ck-
My corn2Lzsion expires: JA /'`7 r t` Viz"' '
i
WITNESS my hand and o icieteal.
M,
t
s=...aee.e•sen.x
h*
i
e
r
.;.1-4.74
377
. . v .-_%- AU 2 u Y. .
C� Recorded at J ..aka_ Xtt1I,..-.._ t. .._..
.. 1&'t+.907 i
..t .11 1211 Rcv:vption Nu
. . . .. nl�
1 ,
-HELEN M.'FICKEL, whose address is Berthoud, County of
-I
Lariaer,.erd State of Colorado,'and D: WIISIXJ MCCARTY, .
. . •.I 1 whose addreas is Longmont.
G, I County of- Boulder ,State of
`§mot _ -4 a Colorado , for the consideration of 0N'E DCLLIR a ' '
14`5. - �.i C Iii
`?,, ' C� doiSaxa, in band paid, hereby sell(s) and convey(s) to I
;�
J,-•,''.1- 1 1 H. G. PfcC,laly, 1 ik
e I
v; 4 whoae address is Long:tont , County of sty*
0 i7
Boulder and State of Colorado, *:;c fcl'cn-.r4yrend properly in thei
rn I
+ o I ,and State of Colorado,to wit:
County of Weld
' +'� '' 1 the south half (Si) of the northwest quarter i! -�
The southwest quarter (Sfd_) ,
: 1, 3 of the northeast quarter (NE}), the north- it y >
(NW„), the southwest quarter (547.)
'" 1 ✓ west quarter (NWs) of the southeast quarter (SE•3) and the south half (S}) of I1
44y 99-/L.-:n the southeast quarter (SE}) of section thirty (30)- and-the-northwest quarter
ks1r . .•2, (NW32) of section thirty-one (31), all in township four (4) north, of range s
'sixty-seven (67) west of the 6th P.M„ containing in all five hundred sixty js,
3ut I (560)ncres, more or less; (excepting from said section 31, "Minnie Lake '., - `.14 tftro''>"°'.
Re:er oi.r as conveyed to John W. Erkenbeck by deed recorded in book 31, at ii..
v' ! 4fi1 of the records of Weld County, Colored e; and excepting a tract of
..,i Anne
,.i land c -itu. n^ pravina teiy sr_cer. rand four-tenths (i.4) acres ceiveped to
-j John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903,
and recorded in hook 207. at pace 37. of the records of Weld County, Colorado: li
>.# also excepting a strip or parcel of land conveyed to The Northern Construction I' '`.
✓ Coo on• by warranty deed dated February Sth, 1905, and recorded in book 73. at I' r
•w' p.. 1 3
�" 9,11 .., v!z +•;; _-"„ds of Weld County, Colorado.. and also excepting from said III k1
y°s
�.r I section 30 a strip or parcel of land conveyed to The ;:ortherr. Construction Crnr i
p nn by v. ty deed dated February lath, 1905, and recorded In book 73, at ' F :'
-
page 242, of the records of Weld County, Colorado): but together with all ditch
and wl,ter ricthtr apperttiaic to sale prwises including 21.9 shares of the II
a. " capital stock of The^Farmers 5Extension Ditch Ceapaty, 9 shares of the capital ' *•.
stook
c 'd stock of The highland Ditch Cmpany and 25 shares of the capital stock of 1n H y
-* i Lateral n title and interest of the ;rant .
Duey an pitch Company, all right,
in and to a certain reservoir, priorities and water riz,hts, known as the "Hill 2r
Reservoir-, v4 '
p said is i1c priority N'o1.��a, as of��thyel,f tree dray of
�k M M 44 •r�"'C3"tt4P1i [ ?9i+tit 1 -Q' L N l!lilPIS A4 M1�i>Fs'l i i1MIl:ild:R,(a'Y �'..
�, J February 1579:
Reserving to the grantors an undivided 2/3rds interest in all oil, gas and t
,1 I minerals underlying said premises,
S I H
h
s II
' } l{ �� Signed this 2nd day of August ,19 74 .
...„
•urnI rCC.cc._. t �51�ti E,"_ I•,. .
r . Fri 17 i ne ee,m- rie!:ei
,..„4,
�1 D. i{yi sun McCarty. 00
SY eS I
1 STATE OF COLORADO, 1 '
l I Op F county cr. ' T', { I'
r .
'a; : \ i}}l�ie,,er7 gg el s,sh4 eat r-^ _ Lbw+ dgea -';e:-,cti- 2P c.. 'r
v r by t. F.C.'L and D. .uS^. :iT.)
1
H II s,\ al.W`\..d-.4;011 expires Jul_,. 14th, 1975. ICI t.
4.
;7� i� -'rd.'''!Yi✓♦:�»..th.nd rind officini cool. II
..,a Pubao I
It'alt_ . .. - -,.r law r,eca, n,ntatin or I U".o0 I coo: tc r f n3:N-ti•a tote _ert o:a1 t e, ern _,:1`r' T or t :. 1 p
1 .. re oIf bT 701 a\,RtatlN tote 5.•R..CY.Y of eta,tC<'!rC r .u ..._•..'.D•:(a.,�al 0'C.�... t ..�J 1. f oof.
,,
F {2 •..1 MO.ON. 4,-t±4.n-[DeY.FmO 4e.114-1-11.CAS. _....__�.. ...,. .._4-....,.w..,+R.,,emu,.,.wmom_w.iJ F'
�i it vw,,-
-111•.1. . . _
Reworded at /C_deloek._( M ... JAt.13 1959 _' '!..1GG •. .1O•..
ANS Reteptloa Na.. -1.ti..:.l 1'r•)')_....___._...__..._ 1111... -= Iteeotdet. ._ _. 1
•
Recorders Stamp : j
KNOW ALI.MEN BY THESE PRESENTS, That we, D. WILSONI I. .i
MCCARTY and H. G. McCARTY, of the County of -
Boulder and State of Colorado, and iiti N M. 1 E
FICKEL, formerly Helen F. McCarty,
of the County of Lorimer .and State of Colorado. �, )
for the cnnshlcrntl,m of ONE DOLLAR, 1
f I.
r
aOetl+R— li
l
In hand paid,hrn4.y sell and coarq la D, WILSON 11CG'tRTY, ( .I
I. G. McCARTY, and HLGN M. FICKr1, I
of the county or Boulder o
.and State of Colorado,the follmrine,ed
no proiwrty.situate In the County of held, and State of Colorado,to-wit: i
+e 11 The southwest quarter (Sh:,),-the south halt (S,) of the northwest,
, quarter 04W .),' the southwest quarter (SQ,) of the northeast quarter I,.
up j (N.i',), the northwest quarter (11W ) of tau southeast quarter (S. ) and pi
S Cite south half (SI.) of toe southeast quarter (5r.' ) of section thirty
• . C t I l(30) and the northwest quarter (NV-) of section thirty-one (31), all !'
f o ,in township four (4) north, of ran;,e sixty-s:.v •n (hi) t:._st of Cce• It,,
B : F.M., COnctt in Lnl, in all (iv!. ;n:nducd sixt:. (SLo) .less, :nor.: or 1-•s::;
(cxctrtin (rout said section 31, "Minnie Lake It.'..•rvn ir" a:: Soave
C , Ito John W. :r; slh:cL. h (.1:.:J r •curd rd in boo.. 31, at •tag,: 4O1, of Cue
I records of hold County. Colorado; and ••xc••;,Ci ,, a tract ni Lana rent it in-
I Log al.itfnx tnt.t Inty :v:ven 'hul lour-D:ntnv 11.4) del' Convr :d to Jenn A,
Hewitt and CIt:trl•:y .. .!: :i.LC by warrant; dad d.iL.'d . .•,re.:tr _ 1`103, .
and recorded in hook 207, at pa;;. '3/, in to- rrcoru-. it, leld Ceunl:. ,
Colorado; also cxceplin;, a strip or part':1 of Land .uay... .•a to T,ic
Northern Construct inn Cnuap:uty Ii Darrant•, de •tl 0.11,.1 1•r' ir, - L:•. .
;1'105, :Intl recorded In Inn!. 73, rat. 1\',,• 243, rat I., • r.•rt ru:. to. ... Ili Cot ,!it!
i Colorado: and also exIrpi in;; ire''l; sa Id. ,:ect inn 3 . I -•t 11,• nr ,•.'rt.•I oe
land conveyed to The Norll tern..Cbns C t• lc Lion Company h ; :<ar r.•nl; deed I
Ida ii,ted Vehruary LAW, 111,5, and receded i.h hoot: 73, at pa: e 242, et iu.)
!records of Weld Count,-, Colorado) ; but toy,rth,r 'it.t all ditt.t and ,raLdr
'rll;itls apperealeter. to said pea:raises, inciudin;: 1 snares oC th.. capital
'!stock of Tae Ili6i,Ltnd Ditto Company and _1.'• snares of Lilt` Cari.L.tl SLocit
101 The Fitemcees d:ct,•nsion Ditch Comp.hl, , also all ri: Ilt, Litt.: and th- I
•
teresL et toe^ }},raitturs in and to a curtain fossrvoi.r, ;'t'Lot IL1.•s :Intl
falter rights, Icnotst as toe "dill Gescrvoir", said res••rvolr !l.Iviu,
priorLty NO. 4, as 01 tug first .; , ... r'.hre,.trv, 1,.'/•I:
with nil lie appurtenances.and warrant the title le the pane.,ul'jeet In .
I
•
t
Signed and delivered Oil. I I Ili) day of D.•C a:nit.•r ,A.U.I9 S. 1
in ,he pnarnre of dye/.;. �/J 71-2,-.5,9-7.4—/ ��r ,SFli
II ) -vY`' 4/ •
ISF:AI.I .1
I 1formerly )..-.d M• 'r1`iA-e
1 STATE OF COLORADO la a (jc_\L)
County of Boulder,
1 17th December j
The fetegnine i acknowledged before was acknowled before me Oilsl, oar of , •
1158 , hr• 0. 'n1LSON McCAP.Ti, H. G. McCARTY, and I.iL::l: M. lICL.:L, tormcdly
C p'!nesa my hand and official lea :itL.IC F. ?:cG\::T1'. j
Myconmixslnn expires July 22nd, 1959. ,
yF
// 1• .Z1. f i ke ee•(- 'I
I 11 t
i .� III e _ _..e. r a 'u k.re•.� tae>n.n.+soar.nr..Horn. ,rte_re �__.. ._ r
•tf pn.mmte.r"• .:r.M Mrct' ' ,stater.ri'. .wens.,,o.-rmu..n: rte.. ern
).ti rr..L ne.n I,.1" .l,P ur;,,. MMMt outer oft tn..a.uea carman..n.......e.l u
EXHIBIT B
Permitted Exceptions
•
- 2 Easement, or daisy of easements, not shown by t hepub&r
X D@orepaneiei, conflicts be boundary lines, sh area, enooachments, and any Leos which
a. oroeseweaywd8rspetieeef and which are not shown by the
pebRr rpoway
Any De4 or right to a hen,fi , tabar a material heretofore or herm/terfurnisia;
imposed by bar waded 4 by the public records.
5. Defects, camkwoq, adverse titian ar other macros, Van, oeateq first appearing In
the records a artxbier tubsequeru to the efjertive date hereof bat prior to the dote the
huurafsegairesof.ucerdfor vatue-tkaa a?- as<iahgat or mortgage thereon covered
Taxes and assesanents for the year 2000 , and subsequent years .
.0 T=asi,.- sr'l . r-IssasaparegtaidarsaanicampeasaeispourifirhelePOO
Seeflederieerflfeilealteloscopeeiatastegateisa
7 . Any water sights or claios or title to water in. Oa or under the
land.
S . luny existing leases or tenancies .
C. Reeervetion(s) as contained in Patent recorded November 8, 1881, in
Boole, a at Page 157 . Said resesvetiontsl being, as fiellmeet `All
'Mineral-Lends should be found to axlat An the rotate described Jn the
foregoing,. but_rhis_ exert the4 an ec& exeeptian 1eYrdlag to. the..tansof
the stature shall not se construed to include coal and iron land. •
10 . The tight of the proprietor of a vein or lode to extract or remove his
ore, aMisid the same be found to penetrate or intersect the praises
thereby granted and ripnts of way for ditties' and canals as reserved in
the gaited States Pat:elt xacorded January 14, 1883 in Book 34 at Page
114 , and any and all arsigements thereof or interests therein.
11. An sesagsnt for telephone and telegraph lines and incidental purposes granted to
ril3u3 at Page
Terlelreph- by-tht instrument recorded December 24, 1927 in
gook Page 431 .'
12. An easement for electric poster- linen and- incidental
Central M se
Power Company by the instrument eorded-August purposes granted to Colorado
Ust 16. 1938 in hair 11729- ec
Page 442.
13 . An aasament for communication facilities and incidental purposes granted to American
Telephone- and Telgreptr by the instrument recorded April 21, 1941 in Book 1077 at
Page 516.
14 . An easement for a pipeline and veer"instil purposes, granted to Sinclair Pipeline
Company by the instrument recorded June 26, 1963 -in -Zak 1651 at Page 16.
15. Reservation of 213 Internet a ail oil, gas and minerals contained in recorded.
August 4, 1974 at Reception No. 1641907.
16. All oil, gas and other minerals as convprffi r^ eeed. recorded January 26, 1984 at
Reception No. 1954168 and April 12, 1985 at Reception No. 2005573
17. An easement for pipeline end „incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded slyly 24, 1989 at-Rr-peioa No. 2186144 .
18 . Oil and Gas Leases Recordeie
June 26, 1964 at Reception Nos . 1439378 and )43'0379;
December 3, 1979 et: Recept..nn Has. 1810783, 1810785 and 1810786
Pebruasy 4, 1980 at Recept:.on No. 181¢043
19. Right of way for Pamela Rsteaside.96kgk asyrwea on Survey No. 41-00 dated 4-10-00
by CR Moore Lend Surveying.
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