HomeMy WebLinkAbout20003219.tiff RECORDED EXEMPTION NO. 1059-31,-2-RE-2842 WE,0 fnUNTY PI ANNING SERVICE NOTES. DESCRIPTION I OT A
ll All proposed or existing structures will meet the minimum setback and offset requirements for the A tract of land located in the South One-Half South One-Half <Sl/2 S 1/2)of Section Thirty
zone district in which the property is located. Pursuant to the definition of setback in the WeLd (30)and the Northwest One-Quarter of Section Thirty-One (30, Township Four (4) North,
County Zoning Ordinance, the required setback is measured from the future right-of-way line. Range Sixty-Seven(67) Vest of the 6th Principal Meridian, Weld County, Colorado being
Li CA .w/ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII No building or structure as defined and limited ₹o those occupancies listed as Groups A, B,E, H, I, more
particularly described as,
66944 a 0 2074408 08/14/2001 10:51A a saki Taubecot - / M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within o 200-foot radius Considering the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty (30)
1 0l 1 B 10.00 0 000 Weltl Comb CO of any tank battery or 150-foot radius of any wellhead. Any construction within a 200-foot radius of to bear North 00°2399'West, and all bearings contained herein being relative thereto:
II II / / any tank battery 150-foot radius of any wellhead shall require a variance from the terms of this
': u /'/ ordinance,pursuant to the Weld County Zoning Ordinance. Beginning at the South One-Quarter (S 1/4) Cornet of said Section Thirty (30)and the North
II I One-Quarter (N 1/4)Corner of said Section Thirty-One (31)1 thence along the east line of said
50' RESERVATION / / 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. Section
onuThrh ty-One (1), SSouth
01040 eep thence,<12),tast,681.32 South thence,
n•ce'24'West, 146.61 feet; thence,South
100' RESERVATION—kw-11l-.-- /' / 3) Prior to the release of building its, theapplicant for the busdlnrequired '
perm g permit shall to to North tr'West, ]20.20 feet; thence,once: 32'56'33'East, 1423.31 feel;thence,
30' ROW 11 II-_ /" / submit to the Department of Planning Services, evidence that the lots have an adequate water supply North 71'09'56'East, 812.30 feet;thence,South o0.10'16'East, 536.71 feet to the south line of the
of sufficient quality, quantity and dependability. Southeast One-Quarter (SE 1/4)of said Section Thirty (30); thence,
60' RDW
--'Il l♦•— / / . (L4),North 88•40'34'West, 327.54 feet to the Point of Beginning.
II II 30.00 FOOT INGRESS 4)Prior to the release of building permits,the applicant will be required to submit a recorded deed acres,more or as •
AND EGRESS EASEMENT ��/ L3� 2 w describing the to upon which the building exemption
is equested. The legal description on such deed shall The above-described tract contains 22.32 a less,and Is subject to rights-of-way
ACROSS LOT A, RE-2841 ' / 0 01 30' ACCESS include the lot designation and recorded number. may now exist or as recorded in the records eof Weld County.
II II IN FAVOR OF LOT A. R/ N110q 56 5:m EXISTING82,88 NT
ROADII 5)Should noxious weeds exist on the roperty or become established as result of the proposed
NW COR. SEC. 31 III RE-2842 / development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant DESCRIPTION I OT I
END,3 1/2' ALUM �' 088.23'19'40 /at
w n f to Ordinance 169-A.
CAP IN RANGE BOX :>6 .•°.:3l 2585.06' L4"7--" A tract of land located in the Southwest One-Quarter (SW 1/4) of Section Thirty (30) and the
LS 10855, 2000 RE-2842 —'--- 6)Recorded Exemptions on adjacent properties may raise xthe issue of compliance with the Intent of the Northwest One-Quarter (NW 1/4)of Section Thirty-One (3V, Township Four(4)North,Range
II II / ^i LOT'A' - recorded exeption process. Approval of this recorded exemption does not guarantee approval of future Sixty-Seven (67) West of the 6th Principal Meridian,Weld County,Colorado being more particularly
II II ry� 22.32 3 \�' opplicatians on adjacent properties, described os a
ACRES M n l/4 COR, SEC 30 A 31 7) Any proposed subdivision adjacent to o contained within this recorded exemption may be considered Considering the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty(30) to
II II / <v ENO. 3 1/4' ALUM.CAP to beurban scale development. Urban scale infrastructure may be required. bear North 08°23'19'West, and all bearings contained herein being relative thereto:
II II / •'7c'
BUILDING o B) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the Beginning at the Center One-Quarter (C 1/4)Corner of sold Section Thirty-One (310 thence along •
II II / J ENVELOPE w United States,ranking fifth in total market value of agricultural products sold. (3 The rural areas of the east line of the Northwest One-Quarter (NW 1/4) of said Section Thirty-One(3D,
• FARMERS EXTENSION / Weld County may be open and spacious,but they are intensively used for agriculture.Persons moving North 00•d4'36'West, 330.58 Feet; thence, South 89.50'36' West, 3]5.01 feet; thence,
a± II II DITCH 60' EASEMENT O Y 2. LI into rural area must recognize and accept there are drawbacks,including conflicts with longstanding North 60°35'23'West, 420.38 feet;thence,North 16'39'18'East, 725.00 feet: thence,
m �/�NO DOCUMENTATION - gricultural practices and a lower level of services than in town. Along with the drawbacks come the North 50'36'West, 17.29'feet;thence, North 10°36'23'East, 70631 feet;thence, (L2).
SEE NOTE ] f HEWITT RESERVOIIR incentives which attract urban dwellers to relocate to rural area: open viewspaciousness, wildlife, South 89.15'24'Vest,14661 feet; thence,South]0.35'54'West, 720.20 feet; thence,
BOOK 20] PAGE 3ys
N L2 W lock of sty noise and t rbancongestion, and the rural atmosphere and way of vi e.Without boring Farms, North 89'15' 40/est, 1423.31 feet;thence, South 71'27'14'00st, 96.36 feet to the
II II D\tf' n� those features which attract urban dwellers to rural Weld County would quickly be gone forever. southeasterly rights-of-way line of the Great Western Railroad; thence along the southeasterly
l J '5 rIghts-of-way line of the Great Western Railroad South 32.56'33'West,2844.92 feet to a
n II /w.w tin Agricultural users of the land should not be expected to change their long-established agricultural (Cl) bearing to the right,having a central angle of 2032'52' and a radius of 1541,19 feet, the
e
practices to accommodate the intrusions of urban users Into a rural area. Well run agricultural chord of which bears South 43'30'14'West,576.20 feet to a point on the south line of the
ts, II II /0,00
BUILDING ctNitles will generate off-site Impacts,including n ise from tractors and equipment) low m ving farm Northwest One-Quarter (NW 1/4)of said Sec₹ion Thirty-One(31)1 thence,South 89'01'I9'East,2513.31
289°50'3 '40 vehicles on rural roads;dust from animal g.
ENVELOPE 1729• pens,field work, harvest, and gravel r ads; odor pests animal fees to the Point of Beglnnln confinement,siage, nd a u el sm ke from ditch burning; £Iles and mosquitoes; the use of nesticides
antl fertilizers In the fleltls,rlresidnt the ve of rwit praying. Lenin s antl reservo s ca ok imply
000FOOT INGRESS way o pmen g y o es, ma e J g y
be moved out of the £redden t e use at without threw{enln the eeserntrdecan f The above-tlesmibetl tract coninlns 5].68 ac or less, antl Is sub ed io rl Fts-of-wnND EGRESS EASEMENT tion to fleltls which Is essential to farm d tion. as nay now exist or as recorded in the records ofr Weld County.
II II N FAVOROOF LOT 8,038 :rr go pro ucE%IL Ac ES & Section 35-3,5-102,LRS.,provides that an agricultural operation shall not be found to be a public a tz
OIL ACCESS E2842 private nuisance if the agricultural operation alleged to be a enploys methods or practicesrII II842 MINNIE RESERVOIR that are commonly or reasonably associated wi{h agricultural production.
'E, N16°39'IB'E OOK 31 PAGE 481
8 t725.00' o Weld County v s a land area f over 4,000 square miles in size (twice the State of ➢elaware)with INGRPSS\EGRESS EASEMENT AN➢/OR RIGHTS-OF-WAY 6FRIFICATFES re than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the
509'50'36'40 area to be served stretches available resources.Low enforcement is based on responses to complaints An easement and/or rights-of-way on,over, and across Lot B, RE-2838, for the benefit of Lot
3]501' more than on patrols of the county and the y distances which must be traveled may delay all emergency responses,0, RE-2842, beginning at the northwesterly line of said Lot B, RE-2838, 1077 feet northeasterly
BK 207 PG 37 including taw enforcement,ambulance,and fire.Fire protection is usually provided by along the northwesterly line of the west line of the Northwest One-Quarter (NW 1/4)of said
1 ROb STRIP N00°44'36'W volunteers who must leave their Jobs and families to respond to emergencies.County gravel roads,no Section Thirty-One(31), Township Four (4)North,Range Sixty-Seven (67) West of the 6th
(16.50' WIDE) J/ they arenot provide a paved Principal Meridian, Weld County,Colorado) thence along the centerline of said easement
II I 0.49 ₹ ACRES [_ v.-000°44'36'W
� 330.58' matter bow often bladed, will the sane kind of surface expected be from
N6020,38''W road Snow removal priorities mean that roads from subdivisions to arterials may not cleared for South 59'13'15'East,200.00 feet to an existing crossing over the Great Western Railroad.
II I1 420.38' several days after major snowstorm.Snow removal for roads within subdivisions are of the lowest -AND-
S89°OI'19'E 2513.31' priority for public works or nay be the private responsibilityof the homeowners. Services in rural (Areas. An easement and/or rights-of-way, being Thirty(30)feet wide, on,aver,and amass Lot A,RE-2041,
W 1/4 SEC 31 In many case will not be equivalent to nlcipaI services. Rural dwellers must,by necessity,be more in favor of Lot A, RE-2842, Said easement and/or rights-of-way is locaed In the South One-Half
END.2 1/2' ALUM. 'f��is self-sufficient than urban dwellers, Southeast One-Quarter (S 1/2 SW 1/4)and the Southeast One-Quarter Southwest One-Quarter
CAP IN RANGE BOX C 1/4 COR, SEC 31 (SE 1/4 SW 1/4) of Section Thirty(301, Township Four (4)North, Range Sixty-Seven(67) West of the
LS 123]4, 1995 O II S89•o109'E 2600.42' 1 SET NO, 6 30' Children ore exposed to different hazards in the country than In an urban or suburban setting.Farm 6th Principal Meridian, Weld Count Colorado.Said easements and/or y is Thirty
REBAR W/ 2 1/2'CAP e' with s rights-of-way located once
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps ond center (30) feet north and contiguous the south line of Lot A,RE-2841 and Lot A, RE-2842; thence
II II pivot operations, high speed traffic,sand burs,puncture vines, territorial farm dogs, and livestock aLong a northwesterly One from South One-Quarter (S 1/4)Corner to a point Thirty(30) feet south
present real threats to Children.Controlling children's activities is important,not only for their of the southwest property corner of Lot B,RE-2841.
safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children.
SURVEYOR NOTES; OWNER'S APPROVAI
CURVE TABLE I)All recorded easements and rights-of-wa have not been researched by us or shown on this plot I (We),the undersigned,being the soleowners in fee of the above described parcef(s) of land do
The easements and/or rights-of-way which may be shown heron may not be complete, are based general hereby subdvide the same shown he attached map. I (We)understood this parcels)is
CURVE LENGTH RADIUS DELTA ANGLE TANGENT CHORD CHORD DIR Information,and are to be used on in this context. The client did not request easements and/or rights- located In the Agriculure Zone District and is also intended to provide areas for the conduct of
WCR 42 Cl /579.61' II541.19' 21'32'52' 293.27' '576.20' IS43.30'14'W of-way be shown on beyond those contained on the plat. thenand uses by special review. I (We)do hereby dedicate, for the benefit of the
ry tract(s)uses,ho sdescrlbed hereon,eeasements and/or rights-of-way for the purposes shown or
e 2)All references to books,pages,maps and reception ption numbers are public documents an file at the Clerk desc tl h
and Recorders Office of Weld County,State of Colorado unless stated otherwise. /py/AF��� �j44444_ 4
N �FGL�ZFTRF'INL.,SEa�(21. '}�k[S UWNIK
W 3) NOTICE: According to Colorado law,you must commence any legal action based upon a any defect In this UUU V
survey within three years after you first discovered such defect In no vent y action based ST //II yy
J. LINE TABLE upon ny defect in this rvey be c mmenced more than ten years from the date any the certification The foregoing certificate was acknowledged before me this day of ,O.,200_I___,
o LINE DIRECTION LENGTH shown hereon<13-80-105 C.R,SJ. Alles and Associates, Inc.and/or Kenneth R.saes will not be liable for My Commission Ex Ives: -3' RG1i3
j LI $69°15'24'0 400.00' more than the cost of this survey and then only to the Client specifically shown hereon or In our file '2.r"-.-•S
by signed authorization.Acceptance and/or use of this instrument for any constitutes agreement
N L2 569'15'24'40 14661' purpose Notary Public: \p
T. 4 rv. by the client to all terms stated hereon.
-1 25 30 20 29 L3 S7027'14'W 96.36' IPfGGYWI₹Hess my Hand and Seal: GUE I
2 36 31 31 32 L4 •3N88.40'34'W 327.54' 4) BASIS OF BEARING'.Considering the west line of the Southwest One-Quarter (SW 1/4)of Section Thirty I
V; LOT 'A' (30), Township Four(4)North,Range Sixty-Seven (67)West, 6 P.M., County of Weld,State of Colorado, 9j j0
to bear North 88.23'19'West,between monuments as shown on the plat,and all bearings contained FOF"'`OQp�
a hereon being relative there₹o. BOARD OF COUNTY COMMISSIONER'S CERTIFICATE DO!
6
o a. 5)The rights-of-way for the roads shown along the exterior of the section shown are documented in This plot ' accepted and approved for filing.
✓▪ 3 LO 'B 3 the records of Weld County, Colorado in Book 86, Pages 273 and 274, dated 10/12/1889.Actual roads
3• /////// / LEGEND wkmn the rights-oe-way shown anal or anal no{ exist. ✓/�_. •�,�F.l_/
6)This land survey plot is only valid If original signature surveyor nN Boar• of' aunty Commissioner's r
b. O 1 SECTION CORNER Po print has the rl Ina; seal and 1 tore of the of
SCALE: 7'- 7) Centerline of the Farmers Extension Ditch was taken from boundary and Improvement survey plat,CR ATTEST' I�l ;•<-'_l;P
0pp• provemen
Moore Land Surveying, Job No.41-00, April 10, 2000, r
rc L O l 1/16 B 1/4 CORNER Wettl O Y and
��N PART OF S NW S V2, SECTION 30 7/ - 1J ®U
F 36 31 31 32 SET NO. 5 REBAR W/ PART OF NW 1/4,SECTION 31 By; Duty Cler,s of
the 5 ��. I $ '/0 -O/
J SURVEYOR'S CERTIFICATE Deputy Clerk'af the Boo Date
2 1 6 WLR 40 6 •5 4 2'ALUM CAP T. 4 N.,R. 67 W., 6 P.M. Pu Y
WELD COUNTY,COLORADO
PLS 9644, 2001 I,Kenneth R.descriptionAlles, a egistered survey thereof was prepared
in the State of Cobra do do hereby certify
CT12 that this description and the lot survey under my personal supervision, and that
p this is anaccurate representation of thesurvey.I further certify that the survey and
2 LOCATION MAP this plate plies wth applicae rules, rep,—�—w aws of the Stat of Colorado,State Bard
O of Registration for Professional Engineers •+` •'+s4>�I Land Surveyors,to the best of my knowledge.
0 SCALE: NTS . . ' ave1F%ea (•�.
• Q I / ��� I fiF`q tl ,al-•mil a cJ
meth '. 50 ate
4 oP 0fr° SHEET NO. 1 OF 1
y) NS BY LKD
GATE NO. REVISIO ,
P� AJ86ff4 NO MOSO94P58/N a Drawn by; AN ( Date: 07/13/01 SHULTZ FARM, INC. RECORDED EXEMPTION RE•2042
428 N 2ND ST�j .,a SALLE.CO 80645 21475 WER 19 S 1/2 S 1/2 SEC.90,PART OF NW 1/4 SEC. 31
' TELE: (970)284-9562 Checked: RAA Approved; KRA FAX: (970)284-9564 MILLIKEN,CO 00543 T.4 N.,R.87 W., 8 P.M.,WELD COUNTY,COLORADO
J \
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #2842 - 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., did determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels, as shown on the plat known as
Recorded Exemption #2842, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #2842 was submitted by Shultz Farm,
Inc., c/o Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, for
property which is located in part of the SW 1/4/4 of Section 30, and part of the NW 1/4 of Section
31, all in Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, being
more particularly described in the plat which shall be provided by the applicant and known as
Exhibit "A", said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 64 acres and 16 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms, "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2842 by Shultz
Farm, Inc., do Todd Hodges Design, LLC, be, and hereby is, approved 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. Lot A shall utilize an existing access extending across Lot A of RE #2841.
No circle drives or additional accesses shall be granted.
B. Lot B shall utilize an existing access easement extending across Lot B of
RE #2838 from Weld County Road 13. Said access easement shall be
referred to on the plat for this RE #2842. No circle drives or additional
accesses shall be granted for Lot B.
C. The applicant shall submit to the Department of Planning Services a
recorded copy of an access agreement for both Lots A and B of
RE #2842, signed by all the owners and properties which is crossed by
Joe ; A)/ ,49// 2Z 2000-3219
/ RE2842
RE #2842 - SHULTZ FARM, INC.
PAGE 2
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.
D. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any 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.
E. 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.
F. The applicants shall address the requirements of Weld County School
District RE-5J as stated in a referral response received September 5,
2000. Evidence of such shall be submitted in writing to the Department
of Planning Services.
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.
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
2000-3219
RE2842
RE #2842 - SHULTZ FARM, INC.
PAGE 3
required to submit a recorded deed describing the lot upon which
the building permit is requested. 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) Recorded exemptions on adjacent properties may raise the issue
of compliance with the intent of the recorded exemption process.
Approval of this recorded exemption does not guarantee approval
of future applications on adjacent properties.
7) Any proposed subdivision adjacent to or contained within this
recorded exemption may be considered to be urban scale
development. Urban scale infrastructure may be required.
8) The text of the Right to Farm Covenant as stated in the Weld
County Comprehensive Plan, effective October 31, 2000.
H. The boundaries of Lot A shall be drawn on the plat to include the
approximately 33 acres which was originally included as part of Lot A of
RE #2841.
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.
2000-3219
RE2842
RE #2842 - 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
WELD COUNTY, COLO DO
! G (AYE)
Barbara J. • kmeyer, Chair
W: f� *"'o the Board
t ' " (AYE)
the Board (AYE
. Baxter
VEDAS NAY)
Dale K. Hall
ounty Attorney Cid (AYE)
Glenn Vaad -
2000-3219
RE2842
Attar4
ILDEPARTMENTip C SERVICES
SUBDIVISION EXEMPTION
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. (CIO 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 11.4.2.2-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."
2000-3219
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.a2-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).
�?C00,3d/9
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. LotsA and B 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.
B. A 30-foot wide joint access easement extending across Lot B from Weld County Road 13,for the benefit of
both Lots A and B,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.
C. 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.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any 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.
E. 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 30 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.
F. The applicants shall address the requirements of the Weld County School District RE-5J as stated in a
referral response received September 5, 2000. Evidence of such shall be submitted in writing to the
Department of Planning Services.
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)
5OL�I.3 -?/2
j
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) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the
Recorded Exemption process.Approval of this Recorded Exemption does not guarantee approval of
future applications on adjacent properties.
7) Any proposed subdivision adjacent to or contained within this recorded exemption may be considered
to be urban scale development. Urban scale infrastructure may be required.
8) 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
DDD,g67y P
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are
of the lowest priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for their children.
3. The applicant shall submit a mylar plat to the 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.
ca- 6C5S let
38
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O
.:::...:::.::.:....::...................... . ... ................
WeignEriaVAEnErrillSERNOMMEIgtiggiNDirkeiliMinggianinglaniang
Item Comments Check
Proper size of plat 24" X 36" or 13" )24"
Boundaries of Lot(s)
Scale Suitable Scale? (Approx. 1"=200' or 1"=100')
Access indicated hared access? If so, is Easement Certi icate in�cl�ded?
cove S�Yi&kv v LS / 2 At a c St ect S
Roads labeled, including R.O.W. .4i-ABEL �Iccws5 ova- (�1�awC w -)
Building Envelope(s) �f
Vicinity Map Suitable Scale? (Approx. 1"=2000'); Not on SE
North Attu'
Legal Description
Notes from Planner/
Development Standards
Conditions Of Approval
PE—
completed?
�lc✓ '� iC'�Lll•tut. 1
Owner's Certificate Notarial Certificate included? If deed indicates two
owners,have both signed the plat?
Surveyor's Certificate, All surveyed plats
Surveyor's stamp Note: USR plats do not need to be surveyed
Director of Planning Certificate Notarial Certificate included? w f ft
(RE, SE,SPR,Final PUD, if Staff Approved) 1
Planning Commission Certificate (USR's, COZ,)
Board Certificate (USR's, COZ,Final PUD but not if it was Staff approved) ' E�0
RE, SE&ZPMMIH,if Board approved.
Typical Road Cross Section
If a COZ,Final PUD
Easements If Final PUD
Please return the plat to CAD Tech. within 24 hours of receiving the plat.
Planner On Call: (Initials)
Planner Signature: Date: _
t..., : _._ IF: cl 4;-/-LL.
...�
Chris Gathman RE's 2841 and 2842 Page_1
From: BRUCE Barker
To: Gathman, Chris
Date: 10/10/01 2:43PM
Subject: RE's 2841 and 2842
I checked the resolutions and its just the opposite from what l said. (I will send you copies.) They
originally wanted the configuration to be with a portion of the little triangle to be with Lot A of 2841. The
Board had conditions to make the portion part of Lot B of 2842.
Have they made the change on the plat and recorded it already? If not, we could have them ask the
Board to reconsider the condition. Otherwise, if the RE's are done and the plats recorded, we have to
resort to amending the RE's. Bruce.
✓ a ten
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23.24.2_
Chris Gathman RE s 2841 and 2842 — �"
From: BRUCE Barker
To: Gathman, Chris
Date: 10/9/01 3:51 PM
Subject: RE's 2841 and 2842
I seem to remember that there was a discussion by the Board that Lot A 2841 was to include that little
triangle next to the access easement. I may be wrong, but I think one of the conditions was that the plat
for 2841 was suppose to show it as part of Lot A.
The problem now is that if Lot A of 2841 does not include the little triangle, the only way to include it is by
amending the RE's. Its not a correction or a change of an interior boundary line. But double-check the
Board's minutes and see if the little triangle was suppose to be in there in the first place. Bruce.
, Chris Gathman RE 2841 &2842 Pa e 1
From: Chris Gathman
To: I:toddhodgesdesign@earthlink.net
Date: 10/1/01 11:20AM
Subject: RE-2841 &2842
Sorry for the delay in getting back to you on this.
I took these to staff last week and we determined that the proposals would be a substantial change
because this would in fact be adjusting the exterior boundaries of RE-2141 and 2142.
Also, even though it was a suggestion of one of the Board members, technically any amendment to these
recorded exemptions would need to be brought back before the board.
Let me know if you have any additional questions.
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 6th 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,
' 4DI
iJac Pendar
Supe ' tendent of Schools District RE-5J
eAftijC;51—,
Steven E. Shultz
President Shultz Farm Inc.
i ‘&tt MEMORANDUM
ilkTO: Board of County Commissioners
COLORADO FROM: Chris Gathman, Planner e, A,.
SUBJECT: Revisions/additional conditions for Shultz RE/SE
Planning Staff recommends the following revisions to the conditions of approval
should these recorded exemptions be approved.
11/RE-2838 Condition of Approval 2(C) - removed Lot B from this reference.
BARE-2840 Condition of Approval 2(B) - added lot C.
. E-2841 Condition of Approval 2(B) added: "Lots A and B shall share a joint
1esidential access point".
4
-2841 Condition of Approval 2(C) added "Lot B" and "Weld County Road 15".
5) RE-2847Condition of Approval 2(D) added: "The internal road(s) shall enter on
to WCR 13 at a 90-degree angle, for a minimum of one vehicle length, to provide
adequate sight distance in both directions."
SERVICE,TEAMWORK,INTEGRITY,QUALITY -
GOB 357)Y
% A
DEPARTMENT OF PLANNING SERVICES
Q 1555 N. 17th Avenue
Greeley, CO 80631
rept,. Phone (970) 536100) 304-6540
Fax(970) 304-6498
•
COLORADO
•
August 28, 2000
Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
Subject: RE-2842 A Recorded Exemption located on a parcel of land described as Part of the SW4 of
Section 30 and part of the NW4 of Section 31,Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Hodges:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria,you will be notified
and asked to appear before the Board of County Commissioners at a public hearing. You will be informed
of the hearing date prior to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the 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 questionsthe 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 call me.
Sincerely,
�.�U4 zVw�t
Chris Gathman, A.I.C.P.
Planner
FIELD CHECK ��r 1
inspection date:aft .
CASE NUMBER: C ZZLIZ
APPLICANT: 5h1/411-6, w`— ^� a
LEGAL DESCRIPTION: 'p 5( '/q 30- 14- (7 ¢ P -, P034' 3/-q--(077
LOCATION:`-Of and adjacent to Weld County Road i z
ZQnlr� Land Use
N A (Agricultural) N 5((r e-P)'km, )
E A (Agricultural) E A,� //(rcoccf)
S A (Agricultural) S !_g /CC,- Ow-, ,) /sq4Q - w4 Vaws-leas
W A (Agricultural) W A 9 iCccyczk>1auc,
COMMENTS: a�
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Chris Gathman, Current Planner
I ,t, 6,,,,,,rt, O
�`� APPLICATION FLOW SHEET
COLORADO
APPLICANT: Shultz Farm, Inc. CASE#: RE-2842
REQUEST: 2-Lot Recorded Exemption
LEGAL: Pt. of SW1/4 of 30-4-67 & Pt. of NW1/4 31-4-67
LOCATION: East of WCR 13, Approx. 1/2 mile North of WCR 38
PARCEL ID#: 1059-30-000005 & 1059-31-000036 ACRES: +/- 80 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 Say/vv G C-S
Letter to applicant mailed P%J
Referrals mailed g/c7! AO
Chaindexed v36/90 4
Vicinity map prepared
Field check by DPS staff 1O Irs 6.A .
Idb
Administrative Review decision: Boarcx.. I O/ -O,Oo
Date By
County Commisioners Hearing Date (if applicable) 11 iZD/Q® nA .
Surrounding property owners notified
Air photo and maps prepared e3C2??
CC action: A pQrouQ_. 12)2O1OO
CC resolution received
Recorded on maps and filed -/ -, 19a/
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 hoes iesgn LLC
Recorded Exemption Application
Pt. SW }/4 30-04-67 $ Pt. NW % 3 ! -04-67
Prepared for:
Shultz Farm, Inc.
2 1475 WCR 1 9
Milliken, Colorado 80543
Prepared by:
Todd hodges Design, LLC
24 12 Denby Court
Port Collins, Colorado 80526
Submitted:
August 23, 2000
2412 Denby Court Fort Collins, Colorado 80526 (970) 207-0272
email: toddltocdgesdesign@earthlink.net
Thdd 4esin, LLC
Table of Contents
1. Recorded Exemption application sheet
2. Recorded Exemption Questionnaire
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 Cowl O Fort Collins, Colorado 80526 (970) 2070272
enu il: toddhodgesdesign@earthlink.net
I 1
vEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley Colorado 80631
Phone (970) 353-6100, Ext. 3540— Fax#(970) 352-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District _.__ _
Application Checked By Planner Assigned to Case ____.
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded exemption
by the Weld County Board of County Commissioners.
Legal Description: Pt. S\'/ Section 30-4,4- 7 Total Acreage: 80 acres Zoning AG
VI'• NW CAI .sec-1104 31--04.-67
Parcel Number: 1059 30 000005 & 1059 31 000036 (12-digit number—found on Tax I.D. Information
or obtained at the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes No X; Airport: Yes- No X; Geological Hazard: Yes No X
FEE OWNERS OF PROPERTY
Name: Shultz Farm, Inc. Home Phone# Work Phone (970) 679-8841
Address: 21475 WCR 19 City/State/Zip Code Milliken, Colorado 80543
Applicant or Authorized Agent: TODD HODGES DESIGN, LLC do: Todd Hodges Phone# (970)207-0272
Address: 2412 Denby Court City/State/Zip Code Fort Collins,Colorado 80526
Smaller Parcel
Larger Parcel Smaller Parcel Applicable only for 3-tot
Recorded Exemption
Water Source Little Thompson Water Dist. Little Thompson Water Dist. Little Thompson Water Dist.
Type of Sewer Septic Septic NA
Proposed Use Ag/Res Ag/Res NA
Acreage 64 acres, more or less 16 acres, more or less NA
---------------
Existing Dwellings
Yes or No No _—_No._.—__. NA
Existing Dwellings Address(if applicable):/4_a -/-/? %3 7?6 i y,� / 0.4 / . . / , %5-e. C2. /3
Larger Parcel NA Smaller Parcel NA
Smaller Parcel (applicable only for 3-lot Recorded Exemption) NA
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best
of my knowledge. •
-;-
a 3 �'.. /g a,co Lit 7 l�,,2 a, W.. )za 6t%i: (-7 l�W
Rev: 1-27-97 3 990- 2 G . ,--,1101 Signature: Owner o(Authorized Agent 0
1.0.1-- i3 n 4736 C/
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Recorded Exemption Questionnaire
1. Water supply statements addressing the following:
a. Domestic use; Domestic water is proposed from Little Thompson Water District.
Attached is a copy qf the "will-serve"letter from Mike Cook with the District.
b. Irrigation water; Irrigation water will remain with Lot B. Lot A is waste ground and
not irrigated.
2. A statement explaining that the proposed lots will have an adequate means for the
disposal of sewage in compliance with the requirements of the underlying zone district
and the Weld County Health Department. A copy of the septic permit or a letter from
the sewage disposal facility must accompany the application.
The proposed lots will have an adequate means for the disposal of sewage and will maintain
compliance with the requirements of the zone district and the Weld County Health
Department. A septic permit will be applied for with any residential building permits. No
septic systems exist on this site.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime
and nonprime farmland as defined in the Weld County Comprehensive Plan, number
and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches,
and oil well production facilities on the property.
The property is currently and has been in agricultural uses. Oil and gas facilities are
located on the property and are delineated on the site map. There are no animal units
located on the property at this time. The property is designated as "prime"farmland.
4. The reason for the proposed recorded exemption with an explanation how each lot will
be used.
The purpose of this application is to split the less productive portion qf the site from the
remainder of the productive ground Lots A and B will have the ability for the continued
uses by right in the agricultural district.
5. A description of the location, size and present use of the area where the proposed new
lot(s) will be created.
Lot A is proposed at 16 acres, Lot B is proposed at 64 acres. The site is currently in
production and through this proposal will allow for more productive use of the water on Lot
B. See attached site map for the location of the lots.
6. A statement describing any unique physical characteristics on the site, if applicable.
This site is bordered on the northwest by the Great Western Railroad and is split by the
Farmers Extension Ditch in the northern portion of the site. (See site map for locations of
the railroad and ditch)
7. A statement indicating that all proposed or existing structures will or do meet
minimum setback and offset requirements for the zone district in which the property is
located.
All proposed structures will meet the minimum setback and offset requirements for the
agricultural zone district.
8. A statement indicating whether the applicant is willing to place a conservation
easement on the property to maintain farm production or open space.
A conservation easement is not applicable to this proposal
9. A statement indicating whether a building envelope will be designated on any of the
lots.
A building envelope is proposed on Lot B. (See attached site map)
10. A statement explaining how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable.
This proposal allows for the continued agricultural uses of the site and passive open space
for the benefit of the citizens of Weld County. This proposal does not take "prime"
farmland out of production and allows the property owner to more efficiently use the water
for Lot B. This proposal is not located within an Urban Growth Boundary area, as
designated by Weld County, however is located within the referral boundaries of Berthoud
Johnstown, Mead and Milliken. The property is not located within any existing IGA
boundary areas or within any of the overlay districts as delineated on the maps adopted by
Weld County.
11. A statement explaining how the proposed uses will be compatible with existing
surrounding land uses.
The existing surrounding land uses comprise of mainly large agricultural lots to the north,
south, east and west This proposal is very compatible with the existing surrounding land
uses and the proposed uses within the growth areas of the Town of Johnstown and the Town
of Milliken.
12. A statement explaining how the proposal is consistent with the intent of the district it is
located within as expressed in the Weld County Zoning Ordinance, as amended, and
the Weld County Comprehensive Plan.
This proposal is consistent with the intent of the Agricultural zone district in the fact that the
proposed split will not take any truly "prime" agricultural land out of production and
allows the property owner,to split off the less desirable portion of the site. Lot A is split by
an existing ditch that serves the reservoirs to the southeast of this site. Lot A is waste
ground that is not irrigated This proposal allows the site to continue in agricultural uses
and passive open space. The applicant believes that this proposal meets the intent of the
Agricultural zone district.
13. A statement explaining how the proposal is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3.
The agricultural uses on the site may continue with no or little affect from the proposed split
and allows the property owner to promote the sites most productive agrarian use. The
proposed lots allows for continued passive open space for the benefit of the citizens of Weld
County. This proposal utilizes planning tools such as the building envelope and shared
access to ensure efficient and orderly development of this site. Water service is proposed
through Little Thompson Water District and through this proposal up-grades to the system
will benefit others in the area. This proposal does not remove existing vegetation or create
any fire hazards for the area. This proposal, if approved will improve existing land survey
monuments and records by creation of a plat for the proposal. This proposal does not create
erosion, sedimentation or other pollution of surface and subsurface water. This proposal is
not located within any overlay districts, as delineated on the maps adopted by Weld County.
The review and conditional approval of this proposal will insure the health, safety, and
general welfare of the residents of Weld County.
REFERRAL LIST
NAME: Shultz Farm, Inc. CASE NUMBER: RE-2842
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 Management 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 Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation _Hudson
Historical Society _X_Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology _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
_X Farmer's Extension Ditch Company Longmont
_X Great Western Railroad West Adams
riot
p \ .
Weld County Referral
COLORADO August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2842
Please Reply By September 19, 2000 Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of WCR 13, approximately 1/2 mile north of WCR 38. For a more precise
location, see legal.
Parcel Number • 1059 30 000005 and 1059 31 000036
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
We have reviewed the request and find no conflicts with our interests
Weld County Planning Dept
❑ See attached letter.
Comments: SEP 11 2000
RECEIVED
Signature 41,O,6*„ 6117/60
Agency 1 pyvelc" glidowill Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
10/11/2000 03: 40 97053504??. TOWN OF MEAD PAGE 03
19so31 ^123
41 cflex')
ee
o
p Weld Count t alti
z
COLORADO Augus e
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2842
Please Reply By September 19, 2000 Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Part of the SW4 of Section 301ond part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of WCR 13, approximately Y2 Mile north of WCR 38. For a more precise
location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036
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 he a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please canto Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
l we have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
•
Signature �^ /fl /Vs�l
Agency �+�„f �r a G sate
4>Weld County Planning Dept. ':1555 N. 17th Ave.Greeley,CO.80831 4(970)353.6100 ext3540 4(970)304-6438 fax
09/22/2000 11:14 19705870141 J0HNST0WN TOWN MALL PAGE 0S
tli41°;T:
6 -
Weld- County Refer 1
COLORADO • August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2842
Please Reply 8y September 19,2000 Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31,Township 4 I
North, Range 67 West of the 6th P.M.,Weld County, Colorado. I 1
Location East of WCR 13, approximately V2 mile north of WCR 38. For a more precise
location, see legal.
Parcel Number 1 059 30 000005 and 1059 31 000036
• 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 the: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 Comprehensl a Plan
We have reviewed the request and rind no conflicts with our interests_
D See attached letter.
Comments:
`` 11 •\
{ c \
Signature /g/e
Agency Date
.Weld County Planning Dept. .•1555 N. 17th Ave.Greeley,CO.80631 •0(970)353.6100 ext_3540 -(970)304-6438 fax
a?oea.3,7/9
AUG 3 1 2000
pusWELD COUNT
p Weld County Re er PT
COLORADO August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2842
Please Reply By September 19, 2000 Planner Chris Gathman
Project Two-Lot Recorded Exemption
•
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of WCR 13, approximately''/a mile north of WCR 38. For a more precise
location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
ti See attached letter.
Comments:
Signature 4414.461 ( - 15 - o0
Agency ft �h� ljcalla��� Date
:•Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
4 /
°illit MEMORANDUM
TO: Chris Gathman, Planner I DATE:September 21,2OOO
11 1 FROM: Donald Carroll, Engineering Administrator ',
C• SUBJECT: RE-2842, Shultz Farm, Inc.
COLORAfO
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.
WCR 38 is designated on the Transportation Plan Map as a paved local road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County 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.
Both Lot A and Lot B shall share a joint access point.
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 fore controlling the noxious weeds.
The internal road(s) shall enter onto WCR 13 at a 90° angle, for a minimum of one vehicle length, to provide
adequate sight distance in both directions.
No new private 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: RE-2842
plan3re.wpd
Weld County Planning Dept
SEP 22 2000
RECL l/c Ka
NAY-24-00 WED 07:49 AN WELD C0UV" PUBLIC WX87 FAX:9703046497 ;_ PACE 1
Rod?
RB:
Other Case No-
AP7$NDfX
WELD COUNTY ROAD-4p r: AYFORMATION SUEfl
WeldCounty PIE,"Wodts Deportment Date
1111 R Street,P.O.Boit 758, Greeley,CO 80632
1 . Phone: (970)3564000,Ext.3750 Fax: (970)304-0497
1. ApphcaotNane 54012. rAKJ1, U.Y.= • Phone (910) 691-i&4I
Address 2-14r2 WCK..1e1 Nita( ,rl StS Zip 15,443
2. Address or location of access WA
Section 3s 4015I Township 04 Berate 61
Subdivision ' UA Lot
Weld County Road 4 I ✓ Side of Road Dietetics from ansepe"
Lidice
3. ere en existing access `to the property? Yes t/ No 6 ofaccesses
rasedUse: �,(
me nenent 1^t ResidentialAgriculdm8 C radwiupi /
j
Q Tampa ary ❑ Subdivision ❑ Commercial Jai Other d oll- 4 /1il EE..
as•••*••,*iia•-atassa•ssaL***aNNsa*t*•*P*••a••Ssa1l* II HMS*
5. Site%etch
Legend[or Access Description: ( " ,
AGR = AgticuItu ui
RES Reatdeudal
Odle= W$Gu
D.R. w Ditch Road -
Rowe
d = ShadexOutbwZdiag •
aaassn**baa*** *A*aN********4N*****1 Snip******®N1N930t80N
°Wag US ONLY:
Road ADT_ � Date Accidents Date
Road AAT ("C`'-(/' ban 9 'F c; Accidents Dew
Drainage Requirement ment Culvert Size Length .
Spacial Conditions
*a• t*tc* 0*Prena an.
❑ installation authorized Ct information Insufficient
Reviewed By- 131e:
MEMORANDUM
TO: Chris Gathman DATE: September 8, 2000
O FROM: Trevor Jiricek, Environmental Health
•
COLORADO SUBJECT: Shultz Farm, Inc.
CASE: RE-2842
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.
TJ/ske/re-2842
Weld County Planning Dept
SEP 73 2000
RECEIVED
VI/.A1d Jaunty Pia nninlgDeptq
+' \`y0uf1, I,Mning.ept
_ m
If & I44'
jilill
(..-------.....
SEP 05 200
R EC
- i V
EIVE
11111,0 Weld County Referral
s
COLORADO August 28, 200O
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2842
Please Reply By September 19, 2000 Planner Chris Gathman
f
Project Two-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4 1
North, Range 67 West of the 6th P.M.,Weld County, Colorado.
Location East of WCR 13, approximately 1/2 mile north of WCR 38. For a more precise 1
location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036 -„
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may .
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
ee attached letter.
Comments: •
Signature �� c,� / Q�
Agency ht ), // L ,5--, Dat
❖Weld Cou ty P Inning Dept. +1555 N.17th ye. Greeley,CO.80631 a•(970)353-6100 ext.3540 +(970)304-6498 fax
•
41
WELD COUNTY SCHOOL DISTRICT No. Re - 5J •; ,
3 NORTH JAY AVENUE JOHNSTOWNCO 0534 ' e �� '4
Weld County planning uep$to
/
DR.JACK E PENDAR05 r 2000
SUPERINTENDENT
Phone(970)587-2336
Fax (970)587-2607 RECEIVED
Septemberl, 2000
Weld County Planning Department
1400 N. 17th 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 f
O1421,
J k E. Pendar
S erintendent
Weld County Plannir l E OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources SEp 12 2000 „w°F""°i,
Department of Natural Resources r, - o
* *
1313 Sherman Street,Room 818
RECEIVEDCDenver,Colorado 80203 *°ta76`*
Phone:(303)866-3581
FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/default.htm
Greg E.Watcher
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-2842
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,
LUC‘ukf ofk,ci it./ ,Ne_
William C. McIntyre
Water Resource Engineer
Enclosures
cc: Richard Stenzel, Division Engineer
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WARRANTY DEED
THIS WARRANTY DEED(this `Deed°)is-made to be-effective as of the nu dad{of August,2000 between HILL
LAKE, LLC,a Colorado limitediiahility company.('Grantor),and-SHULTZ FARM, lNC/ Gaantee"),whose legal address
is/ &4S'"—Avenue;Graeleyr€elorede 34-i 14 Caur1yef Weld,-State of Colorado. *a Colorado corporation
21475 Weld County Road 1'l, Milliken, Colorado 80543-
WITNESSETH, that Grantor, for TEN DOLLARS .(S11L.0I) in hand-paid, and-for other good and valuable
consideration,the receipt and sutficienc i of which are hereby acknowledged,has granted,_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 th improvements,if any,thereon,situate, lying 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 appiuteaprncss thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders,rents, Ipetteet. d profits thereof, and all the
estate,right,title,interest,claim and der tang whatsoever of Grantorkeither In law or in equity,o₹,in,and to the Property;
TO HAVE AND TO HOLD the 'roperty with the appurtenances unto Grantee, its heirs,successors and assigns
forever. Grantor, itself end ibrilei,a Stati.,vszUr5_and assigns, does covenant, grant, bargain and agree to and with
Grantee, its heirs, successors and assigns, that tat the time-of The execution and delivery of this Deed, Grantor is well
seized of the-Property,has good,tare,i4erfeet absetute-as indefeasible s+lotu of•inheritagce, in law, in fee simple,and
has goad right,full.power..and dtrant,bargain,,�eil nd eonvey the same In manner and form as aforesaid,and
that the same are free. and r1a r truce alt.- former and.otter grants, bargains, sales liens, taxes, assessments,
P_ncembrances and er kind or nature whatsoever,except and subject to those exceptions set forth on
Exhibit 8 attached hereto.
Grantor will WARRANT AND FOREVER DEFEND the Prouty in the quiet d peaceable possession of
Grantee,its heirs, successors and assiC ns,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,LLC,
a Colorado limited liability company,
Its Man r
9
1-\\
owers -1 -
rized Signatory
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS ) A4 At 4�j
041
The foregoing instrument was acknowledged before me this day of—my, )00, 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.
,�*, -- .nd official seal.
`40 m 1 ° Sr'II • Z 0-
r 4, mm , o
/60Adi _
ii
tWaiti ( ..it
e F
Notary Public
� O m 4
Th
•
EXI-EIBITA
Loyal Catcr3ptJcn
THE SW 1/4;
THE S 1/2' OF`THE-NW-11-1;
THE SW 1/4 OF THE NE 1/4;
THE NW 1/4 OF THE SE 1/41
AND THE S 1/2 OF THE SE 1/4 O2' SECTION 30;
AND THE Nor 1/4 OF SECTION 31;
ALL IN -TOWNSHIP 4 NORTH-RANGE 6-7 WEST OP THE 6TH-PM
COUNTY OF WELD
STATE OP COLORADO
EXCEPT
CIE LAKE RESERVOIR - 31 FACE 4814-r
TRACT CON .3bt BOOK 2$7 F 3-7 EWITT RESERVOIR) ,
AND PARCELS Shy ! •MYRTIZEZ17 CONSTRUCT=FrCi ' (GREAT WESTERN TRACTS) In BOOK 73 AT
PAGES 243. AIM 242
�r�n�3 19
( i
1
EXHIBIT B
Permitted Exceptions
la34tsr lots froth- • •
- 2 Easements,or deems of ease nents,not shown by thepu6tic r ds_
3: Dlsirepaneieg,conflicts in boundary lines,short . ara encroachments,and any facts which
aspire.runty cndansp edeeef e,and which are not shown by the
isobar rewvas
4 Any Nee,or right to a lien,f erica,labor or material heretofore or hereafterfurnirker;
imposed by law and not a by the public records
• S. Defects Nen embraces,advent dawns or other matters,fatty,created,first appearing in
the p ' records or attack:n r subsequent to the effective dawhhereof bat prior to the date the
lnsuredaquirecof,•ecord oeintefest or mortgage thereon covered
Taxes and assesanents for the year 2000, and subsequent years.
tt 3-rtria.andteayans)ad 0
Sae arjeS a^fa-a-y oda rr:al terthg dfrfriai
7. Any water rights or claims or title to water in.. on or under the
land.
8. Any existing leases or tenancies. -
9. Reservationfs) as contained in Patent recorded November 8, 1681, in
Scok,a at Page 357. Said reservationtsl being as tollavat •A11
')4inerai.Lands• should be found to exist An she trams.Seeeribed- n the
torego4.,g, but t a. ^lnninn and_.vrwprinn nrrn"ii ng to,am tern.&of
the stature shall not 1e construed to include coal and iron land.*
10. The right of the proprietor of a vein or lode to extract or remove his
ore, cheep the same be found to penetrate or intersect the premises
thereby granted and rilhte of way for ditches and canals as reserved in
the United States Patent recorded January IA. 1883 in Book 34 at Page
114, and any and all assignments thereof or interests therein.
11. An easement for telephone and telegraph lines and incidental purposes granted to
Americrt Tt sphnno and ?,459caph-by-the-instrument recorded December 24, 1927 in
Book 833 at Page 431:
12. An easement for electric power,lines-and-incidental purposes granted to Colorado
Central Power Company by the instrument_recorded.August 16, 1938 in Book roar at
Page 442.
13. An easement for communication facilities and incidental
Telephone end Telgrapir by the instrument recorded April 21,purposes. granted to 1941 in Book 10 77 77 atcan
Page 516. at
14. An easement for a pipeline and inrtannrat purposes-granted to Sinclair Pipeline
Company by the instrument recorded June 26„ 1963 1,4-Hook 1651 at Page 16.
15. Reservation-of 2f3 interest in an oil, gas and minerals contained in deed recorded.Angust S. 1974 at Reception No. 1641907.
16. All oil, gas and other minerals as convgygd-bi deeds recorded January 26, 1984 at
Reception No. 1954168 and April 12, 1985 at Reception No. 2005573
17. An easement for pipeline and.incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded July 24. 1589 at-Rreo stow no. 2186144,
•
18. Oil and Gag Leases Recordeit
June 26, 1964 at Reception Nos. 1439378 and 1439379:
December 3, 1979 at Recept..od Nos. 1510783, 1810785 and 1810786
February 4, 1980 at Recept:,o4 No. 1816043
19. Right of hay for Farmers. -e@t es.shvwa on Survey No. 41-00 dated 4-10-00
by CR Hoare Land Surveying.
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 NWl/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 COL TY TITLE COMPANY
k1/4yn
By:
Authorized Signatory
S E ':i°:I '3 I[a ii. . ;1� i ! ir.'c�ii 1'.i :-",i�Ef I !ts i l l ii (ill]
i siii tua gilUt i' nnr tut?i ini� Eeiii;w dill.all a' ai red ��tt;t ac+iir t:� Sri 7uiat tutu .ttzt_ tt 7�t I1r w�i�. i r�
2763982 04i25/2000 12:0.4P JA SL'ki Taukaroto
s ,3 3 F. 15.33 0 ;�;f1O0 Wein County CU
777 a''d'7.;i sa-rar_r r
•
�G
yv Tim DEED, muse this 25th day of April, 2000, between LATE FARM, :.LC, a Wyoming
limit liability company, ('Grantor'), and BILL LA1 , LLC, a Colorado limited liability company,
whcae legal addreess is 3950 Lewiston Sleet, #101, Aurora, Colorado 80011, the County of Arapahoe,
Crag of Colon o("Grange`).
RffN—.SSE?H, 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 thee presents does grant, bargain, sell, convey, and confirm unto
the Grantee, u s heirs, successors, and ?.fir is Brener, all the real property, together with improvements,
if any,situate,lying, and being in the County of Weld,State of Colorado, described as follows:
The Southwest one-quarter(SW1/4);
The S mth one-half(S1 a)of the Northwest one-quarter (NW114):
The Southwest one-tluater(S 'i/4)of the Northeast one-quarter(NEI/4);
m _ N.rth -st___ vt-rter(NW 4)of tta S beast o ,»rtcr (SE1 4);� L•L',..Y:�-w7�V3:�Z, G.L4Y. t. � ..-L'f�L..••• •-w. .T:Z��.L L1.. � /f
and the South one-half(51/7)of the Southeast one-pm-ter(SEI/4)of Section 30;
and the Notthwest o,e quart (NW1/4)of Section 31;
All in'township 4 North, Range 67 West of the 6th P.M., EN t, from Section 31
"Minnie LG:Ce Reservoir" as conveyed to John W. Er'kenbeck uy 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 Jolt~A. Hewitt and Charley A. Hewitt by warranty
dew dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of
1.3e aid Cc -:f, Colorado; ..:=1 a strip or parcel of lat." conveyed u i see i\Vlwall
Con.st;udion 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).
OGt`1iEr with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise ttainirg, and the reversion and reversions, remainder and remainders, rents, issues, and
profits t areof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor,
either.in law or in tgllty, of in, and to the above-bargained premises, with the bereditaments and
appurtenances.
TO .WE MiD TO HOW the said premises above bargained and described with the
appurtenances unto the Grantee, its heirs, successors, and assigns forever. And the Grantor, for itself and
its heirs and assigns, does covenant, gr• ant, bargain, and agree to and with the Grantee, its heirs,
succe sors, and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well
scram of the premises above conveyed, has good, sure, perfect, absolute, indefeasible estate of
inheritance, in law, in fee simple, and has good right, full power. and authority to giant, bargain. sell,
and convey the same in mann•:r and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessment, enncurn'branc%, and restrictions of
whatever kind or nature soever, e.'caJ,"t.and subject to exceptions set forth on Exhibit "A" attached hereto
and incorporated herein by reference; aid real property to ea for the year 2OO and subserue t years.
The :Grantor will WARRANT AND FOREVER DEFEND the above-bargained premises in the
Quiet, and eeeceable possession of the Grantee, did heirs, successors, and. signs, against all and every
peeson or persons law-Piny claiming the whole or any part thereof.
1N WITNESS WHEREOF, the Grantor has executed this Deed on the date sd forth above. •
LAKE FARM,LLC, a Wyoming limited
liability company
17R;;; Brae r-n •
t: ariI sils�ifleiii z±;r i i`i Vii;;t` 1 of(il ooiieg 119f rag]
e0W II X}f,ra2 ns n;J;at!� : i1 1 Ili l�illf
��- 1.. Dili+'�'
Liv.i:SL 04/Z67201Y!
2 p{ {� ;;Ch� n ��2:G JA Suxl Tslkamotu
S t'r6I'i.,OF COLORADO )
) &s.•
COUNTY r LARIN to
OF ,1i\iaaLa.%
The foregoing it,ime=was subs ed,sworn to, and acknowledged before me this'day of
A J, 2 ), by MARY HELEN REED, member of Lake Farm, LLC, a NI/yarning limited liability
company.
Witness my hand and official seal.
r 1
Pry commission e„pires: 217/0 1r—
Dv
v9 ¢ �_
Notaap q Pu bse
="R
*1, PUBLIC
4 e�
•�sy'VP CilJ�t�
—=o7,oeV.1
E FM Ell MI/ IM I I
1 im 3111 sSii�:iF3c11 C'st isle .,-,r,
27&3932 04/26/2.000 12:04P JA$ukl.T sukamoto
0 of 3 R 16.00 0 X4.00 woks county CO E
•
EXHIBIT.'A" 1es
1,.. Reservation(s) as contained in Patent recorded November 8, 1881, in
Book 20 ar Page 357. Said reservation(s) being as follows: "Ail
'Mineral Lends' should be found to exist in the 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 431.y .
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
Paae 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 516.y'
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 o£ 2/3 interest in all oil, gas and minerals contained in deed recorded
August 6, 1274 at Reception No. 1641907.
8. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1984 at
Reception No. 1954160 and April 12, 199S 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. 2185144.
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 Pa,nse 67 West_6th P.M.
12. Farm ceetra.ct 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 19134 VCR 13,Johnstown,Colorado.
14. Boundary line discrepancies,conflicts in boundary lines,shortage in area and
encroachments as shown on the boundary and improvement survey prepared by C.R.
Moore Land Surveying dated April 16,2000.
15. Right of way for Farmers Extension Ditch as shown or,Survey No.41-00 dated 4-I0-00
by C.R.Moore Land Surveying.
16. All oil, gas end other r uera3s are a severed interest mad are excepted as
described in deeds recorded J.-I.-leery 26, 1984 at Reception ho. ).954165
aor April 12, 1985 at Reception No. 2O05573.
4
°, ..a." , .d . a.E,$aS-t'w.waq +Y r a1 3^*a i �b F £, a` ,
r..°3s.JR,vdn'. ..e `� y�`#,^AL r L7/61,.3�n `-Fi`ft�'a ._°"'�+�x 3i+ ��,'�—..'`-"�..�t.Xs,�"rtv••b "+J,:3i'sr+et<is�aa a .w '.w ,. .r..w . ::-.A'-
_.._v..
4xG`
. Ga
2419225 B-1471 P-737 12/15/94 04:02P PG 1 OF 2 REC DOC '` T
oq V
Weld County CO Clerk'a� & Recorder 10.00 «..
ARRANTY DEED .
AR 2419225 41 922 5 aYb
Grantor, HELEN Y. McCARTY, county of Boulder, state of
Colorado, for the consideration of Ten Dollars ($10) , in hand g!
paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming 0 .
5 t
limited liability company, 6387 N. 107th Street, Longmont,
Colorado 80501, the following real property in the said county of
Weld, state of Colorado, to wit: -„ Y`
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
(Actual consideration less than $100)
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.
day of December, 1994. yy
[/ /)'7 L/�J 4,a.
HELEN Y. M CARTY 7
U ,..
'Mi^Sn
STATE OF COLORADO )
3„1
ss. a'�,.
County of Larimer ) di.
The foregoing instrument was subscribed and sworn to before fi4
me this /01'64 day of December, 1994, by HELEN Y. McCARTY.
V.NOTARY%a �U9r'�6
Notar Public ''
= A%__ My commission expires: '.
ire o
m PUBLIC 4,:01
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2) 2419225 B-1471 P-737 12/15/94 04:02P PG 2 OF 2
EXHIBIT "A" 4
L '
The Southwest 4, the South .11 of the Northwest 4, the
Southwest h of the Northeast y, the Northwest ; of
o the Southeast 4 and the South 11 of the Southeast 4 of .
Section 30, and the Northwest 4 of Section 31, all in
4 Township 4 North, Range 67 West of the 6th P .M. , rys
?v containing in all 560 acres, more or less; (excepting
)s'_;.:
'l 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, 1 .
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
records of Weld County, Colorado; also excepting ay'
strip or parcel of land conveyed to The Northern
Construction. Company by warranty deed dated February r„
I8th, 1905, and recorded in Book 73, at Page 243, of
r 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 .
in Book 73, at Page 242, of the records of Weld 44
County, Colorado) ; but together with all ditch and ;.
F?_.. ,
water rights appertaining to said premises, including '5
21. 9 shares of the capital stock of The Farmers <t
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of C
the capital stock of The Bunyan Lateral Ditch Company, her.x...
also all right, title and interest of the grantors in r
and to a certain reservoir, priorities and water
xCa '
rights, known as the "Hill. Reservoir", said reservoir tx` :
having priority No. 4, as of the first day of February,
1879; County of Weld, State of Colorado ;
Further together with 150 units of the Northern Colorado '{,
1..
Water Conservancy District. ;w,
r
y
1 tgrti
a j.
j
k
ti'
a& .,,, ,a, .n...x wmJu.»14w,s+sva ..w,. -h km r1w^"u'=,' . ° ' 4c"F4Y4C' W9"'^° f
ff y$x`�Ns Z.k^ ++� zgt $`r4 %.
.alYki` 01..tE,
!d m(,;7' *Aol4t4-..t4t90 W.7.4x.,x � rK,�e `4asr¢'" '"� S+ k *•a
.iw µ
+1e'}+f�,�tt 5.'`r`^"h I ° .r r ii .
•!G ta JS!°i4 kt. .r .Ik } -0
4. .•;:,Z),
fi' D 1349 REC 02301680 08/28/92 16:15141/4'.101g7.,
ARi 3016En F 0678 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, ` r
. r CO .e.:• , ..
, WARRANTY DEED } r,'
A bIkt
iv:• LAKE FARM, a general partnership, whose address is P.G. Boxrz€? 'C:.
596, Longmont, County of Boulder, State of Colorado, for and in �
x : consideration of Ten Dollars ($10) and other good and valuable
i.r, consideration in hand paid, hereby sells and conveys to HELEN Y. 5 '
�_ McCARTY, whose legal address is P.O. Box 596, Longmont, County of � ,.. w `
described real esta )84....(8 .,,,;:,,4
Boulder, State of Colorado, the fallowing t ,
" in the county of Weld and the state of Colorado, to wit: a. t '
," See Exhibit "A" attached hereto and incorporated
Mg herein by reference. !� r +•�
with all its appurtenances, and warrants the title to the same, i4:0;11;1;z1;,--).;;;
,
subject to: 1992 taxes payable in 1993 and subsequent years' . 3
d ,_ d
;6 taxes; a first deed of trust in the principal amount of
$150,000. 00 to the Equitable Life Assurance Society of the United Z10.5, '.,,,,'.;;:h
States dated January 27, 1986, which grantee assumes and agrees '^
, to pay; easements; rights-of-way; and reservations of record. ai a
TAW
t Signed this day of June, 1992. gf, *sg
, -
.,
LAKE FARM, a general partnership „ r y:
k s4
Pr Helen Y. MCC4rty, !partner z -
,. $�,°fp;, ,11 I Y- By C�%iK 2L/e//Gee //.. / �J a' y l A
U L
Ack
Michael H. MdCarty, partnef �, ,' '�,t3;
n- ✓
?"'� SZ'_�ITE OF COLORADO Ym v ial s ti.
,- ) ss. - 4x ! " is,
, :.PirCounty of Boulder ) + 7 a:-i•41,!..,....
fir The foregoing instrument was acknowledged before me thasoiod
I , G� r't, N F.
t�z.' __ day of June, 1992, by Helen Y. McCarty, a partner of Lake ''' ' �'y y .
Farm, a general partnership. 1? , { , xrf
{ . Notary Public !L +k
Vil My commission expires: (.1,..< { e. � i • f h ' y�rt”,.
3: i'
93 �'I% / kF19 ;;'r
r. �C
d,: STATE OF WYOMING ) Cua i
j e r.. 4- 414x'3` 6
t� County of Park ; - 7r 'v '� :r r„1-,wito;fl4:
�>*k
4': ' The foregoing instrument was ac:cnowl.edg�-d before me s®®"r7b �s '�i'-,� n ..
. s
-i day of June, 1992, by Michael H. McCarty, a partner 2Y.;1,a4A
4 ' Farm, <! general partnership. ,.`...' •,-S s• 114.:;i:3-1.10T'�� °�\
f q •SPARK -• K '[M,*t n
ti 1,} k73 i
<,1 Nctary Public `"�'+v
S�,�a? My commission expires: krr.� S4r 4?kw"..".-ii t ---.,- z.;;
.N +, r m S J1p PV -� r i C[er?"1 J Y}6kq'74.'41 wit IN wvf A 1 f dr t
e 44,4t* to a# '7;4
' r '' x
sx V-fi r' "%'x 1T,gG-5A'i+�Ske;Fil, "`W ��yy 4�' I' +4
•
% B- °' 1349 R,EC 02301680 08/28/92 16:15 $10.00 2/002 r; ` ><
F 0679 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO £ 4 p� � $y
The Southwest 4, the South ; of the Northwest 4, the 'a ,4414 .
41' Southwest s of the Northeast ';, the Northwest !s of
:cos the Southeast 4 and the South !s of the Southeast Y of *MS
` Section 30, and the Northwest : of Section 31, all in : -wl `".
a ; Township 4 North, Range 67. West of the 6th P .M. , p* 'k>*)rr1TP u' ,
t ('N f .
containing in a) 1 560 acres, more or less; (excepting �rd
t from said Section 31, "Minnie Lake Reservoir" as +� $As
conveyed to John W. Crkenbeck by deed recorded in a�,,=,1
ct<,
Book 31, at Page 481, of the records of Weld County, {. Ev_,m t t;,
,;_ Colorado: and excepting a tract of land containing k*,vr „Y
I approximately 7 . 4 acres conveyed to John A. Hewitt ,`,F,2 -+ ""+
tx. and Charley A. Hewitt by warranty deed dated February ` �^.0r_
,1. 2, 1903, and recorded in Book 207, at Page 37, of the n' ; 're ` ,'
€ 'll
A records of Weld County, Colorado; also excepting a $4,144a ,,,,
ek'1 I r.
IV 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. 2u
: the records of Weld County, Colorado; and also excep- "„ } xt '
.K4 Vf d a
ting from said Section 30 a strip or parcel of land ' Na =
conveyed to The Northern Construction Company by �� " w ;.
7. warranty deed dated February 18, 1905, and recorded 1 s.
N r
in Book 73, at Page 242, of the records of Weld 11te C ',,
5/, County, Colorado) ; but together with all ditch and a „1M
water. rights appertaining to said premises, includings21. 9sharesofthecapitalstockofSheFarriers !ZIA;
.4 Extension Ditch Company, 9 shares of the capitalstock of ;he Highland Ditch Company and 25 shares of r :1 S
rvi
the capital stock of Tiie Runyan Lateral Ditch Company, AT �I•._
also all right, title and interest of the grantors in
and to a certain reservoir, priorities and water '
Axil ' : ,
ri.ght�a, known as the "!till Reservoir", said reservoir •1 *�', �` ' �'.
t having priority No. 4 , as of the first day of February, " a
.a 1879; .lF�zi s x '1
,z,, Y fi�Fi.Jy 84
Ali kgf a. r w,
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AR19d2957 8 1044 PEC 01982957 09/26/84 10:39 56.00 1 /002 kL . .Y41-'
F .496 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
a HELEN Y. MCCARTY (an undivided 87.211% in crest) �,J4,
v„1 and MICHAEL. H. MCCARTY (an undivided 12.7 9% gilt, `i1
, i t interest) r ":
: :'i,•,-;.4::4t4.. ,11 , t h ,.+. 1306 I. 9th Ave. , Longnont, - x T
j tx e
•3ryr y. County' ,,, Boulder . Stale of j-a, '
t
xbn Colorado .for air cor;siclrrntmn of 4 ,6 RAJ
:::-'4.:1441ii . TEN DOLLARS AND OTHER GOOD AND VALUABLE C NSIDERATION ^3,'144,p:9 2,‘L
a doll: in Fend p:id h,•rc Ly IIC-r aml cnn•.rcf.,l L'
* x LAKE FARM, a general partnership Ar
J wtio,o P6,-.I .rLlr ..,, 1306 r. 9th Ave. , Longmont, ('•,++ -• f {„,�,
�„ +o+older nd St•te,f CO to ra do.Pope vt rag r^d propat. m t!, �[t,{y,� V.� yy'a{k Ass.7'•(" C tints of 'del:d :rr!Strait ,.f Cnl e.,r,'o .+• :.i:. M tp`,•,N,{
ti . '""JP s+
SEX EXHIBIT EXIBIT "A" ATTACHED !IuR£TO AND INCORPORATED us'
:::......:1:4T--y 4 .•F HEREIN BY REFERENCE. s
y' 5 wyyY' t
_ , t„'Y'•Y{ inn J}
SAG L
",.,' 5 jY
6} ll
Y _ Amy
RY
r.
(actual consideration less than $100.001
t'1973
I, 71.1•
F4S 3 I,�'v�1 -
"'4'r:..2 .'
€ ,
•y�.d . '. •:.•U pii t-n nees and i , r ntl+) the tide to the same. subject in 15C tax payable
girt_y 3rp, tx
5 - , no . a subsequent - ' tavet , .1•'raent';, rights _ -way , 31,0i
Ya ald reservations of record. �"R ¢
z w1 i`C3 9.
t
r Y G .r84 q S..-^,:a �..i. da September r .79 3-0
iF •, mac-' /0-6"...c ,r.`.
ro`1.�`
Mirthael Bi McCarty / if x- :3
STATE nF' C't 11AH:1Uh, I
Y; .hy Countyrf iar cud t
11O1.
+ - : 1: r..r.r•1. or/ :o It f, is J 71 '
fc `_r if 241 .1_1e Y McCarty an-. Michael 'i. Mc ir.•1 3:3.3-23313* Mk.- L,_.
r tiu _ - it
�w' e L T,.7�
.. .: _
g a _t ._J_ -. 9°9 W h .rlolia S`+ 1 o. rw
h a.t .i✓.. cl.Las, Cn. aln c^7,°I Ear :"
x r rntF �-
1
L
s ]., atq. t`,mn :L,E c1.,rt 4brm _ :a. .. ..... ....:•.... . ...... l
r t
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t 3'
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r-.r..... _.�+�Yrrw ,w..+S..r a_r.:.L.•_zug l.'.4.-i a-'-_ .-BF-_—: :: i2-"'";aw �'.r.•'''=R • •r_R_:A:. _ .•_•-
... ..1:' ..:r.:.
q �ky' y xra�ij}y �sCrr‘r• '` > >r `'tY` h t> {t srt y t,r ,..
. $s f w Va •.
r + (r4 SrMQ' • ' a1i.ni '3k' k �i}` ^`3 t r �..I f •
r:. tp a
'''_ -S''''''''''';''. .�{X .._ :.' 4• 1 ,' itr } 'lxyv �.,,i� c to ,t + •
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• •n 1046 A;C O 982957 09/2!/84 10:39 S6.00 2/002 ,` `' :'' : .t +"y
Wit,,; ,'...
a.. F 149: ZAP.? ANN 'FEUERSTEIN CLERK 1, RECORDER WELD CO, CO .-• `'_ = a:' '. , _
Nay *-e_i�,:a- A�'�,,.-,:'. akirrt-S tw l l ,. I
H.Tl4, ^- 7:
.4.,..4.440.:"7,101474'6214.6:441::41:;*iZtt
"•i
the i r{��t'^ "'�:a `�" •��
The Southwest �S, the South '; of the Northwest :, rt�F „• � ��
of the Northeast the Northwest •s of ,s. Southwest . ''
• the Southeast 4 and the South 's of the :southeast 4 of E ," c � 'az• I
Section 30, and the Northwest 4 of Section 31, all in t xtr„ t•,l tier• •` .rr , '
4 North, Range 67 pest of the 6th P.t•I., �tV*P.1kgVitikii44,i,';fie..,; 4i. ;,
Township s more or less; (excepting -
•t. containing
in all 560 acres, ,,li,�ez ,t '4
. from said Sectior. 31, "Minnie Lake Reservoir" as � Sr7i '�� r 5 '
conveyed to John W. Erkenbeck by deed recorded in � 4% 4 ' .
liooi: 31, •
at Pag^- 481, of the records Of Weld County, �, ; r i r ,z�±}?'
Colorado; and excepting a tract of land containing .
ant ��
t rt'41y1f- 4` 3 i t•
appror.imatcly 7.4 acres conveyed to John A. Dewitt y k.. .. � * ,
and Charley A. Y.ewitt by warranty deed dated Februar 14.4,J4, , kk t2, 1nD3, %''nd r Corded in SOOk Z07, at Page 37, �� � � `'�' � i
r of thekitY ;,,, '' + 1 K'
Colorado; also excepting a , a; ��,r „k �„yy'
records of Weld County, } } Sa'v,,S ny
strip or parcel of land conveyed to ;he Northern ?� �, ��� �74
''�, r;
_F. Construction Company by warranty deed dated February E�sE3 $ta; a"ri
8th, 1905, and recorded in Hook. 73, at Page 243, rrt.
Colorado; and also ercup- �rl-'firot
the records of Weld County, ,
y ring 'rem Said Section "SO a strip or parcel of land p e�tnr it h ty s� ^i
4 conveyed to ^.he northern Construction Company by t,7 } �
warranty deed dated February 18, 1405, and recorded �����; ''''4'4741';'.`
j��� � �, 3�.,.
•
of the records of geld "...LAF I tt � yam,
in Y. 73, at Page 242, 1" r�. . -'z _
County, Colorado) ; but together with all ditch and 1•!1*.cair,b4-, ,.,, r.--�-- -.-----4_. r.t----i1:tFc appertaining to said premises,^including � t '• {5 �}� v '" •'
21.9 shares of the capital shares �-,re , r4, �e}��4 - -�,�. �.•;,:,:
Extension Ditch Company, 91.srhares of a the
nd Z5capital
s of ° `-"%l
4 stock, o£ al stocklofdThetRunyanpLateral Ditch company, agaZE
r�� ' �`.�� ,
he capital ° grantors in s :
title and interest o. the
also all sight. r:7.
r ,': 7f� ~:
and to a certain reservoir, priorities and water '1 ., , .
" said reservoir -..i sME'.' 044,tY e,:
fights, ynown as t`sc "::ill R£•,r_rvoir , `
having priority 5�0. 4, as of the first day of February. µre A.,Ir
A ,ijrnIvilr,r,W ';5t.
• W Y ��ltd Y� k
�T g� ,�.6
e0:1140.0'. i e t..•:T : : ' : ;:: ; :
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:ti• xfivii... ‘24,1,,,,,
. -1 i . ., s .31,... .-�F a #-j,s+y ar ,t 4: .+t c,` �l s '-y =ip z i! C'
,.1 ;.. � ��r r r? � �f. y� • ,=gym pa; a< b,,,-.t, , 1; C`! -� •• 7•r.:r,;.::7:'st 4,4.4≥
}7,•... ,} c±�c -c _S..Y,•s'. .n_ ier .S �-i 1 �Y, ti! t e+a J_.aZ .._ _- .za.4.•....Y•_.• _ — :l`:;!1;' _. •
,iiiti. _.a. -6i a�.e4—,- .a @+firms C".b5248i.1K-.,hF«.{s ^d .-_.,. .i-_..,. .
.vwsv_r3��'.V�+Fstw, h1:a-wnerf -'r ''::: ..,. .�r�,�.....— _ ..p - ¢ „HN.ar ,. lM�tYw++Nfa
' i XMTY� [�i"'J'41JSiY i$ � � �'yF�� k � Y'_ ..
B 1017 REC 01951628 12/30/83 14;36 $3.00 1/001 K
...., 1.),: 'AR3951b26 F 0255 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO t
_
•
Fri's tutwar
s. PATRIOs W. NAC'AIEt7 „� �gc'7
k .. I ,
y Fi I 'r
gym i� whose address is 2525 W. County Rd. #4 tO
I ucn .
8O0. - ii Berthoud, County n, Latimer , State of 'tsar s
we!,..!'
,
7 i Colorado ,for the consideration of TEN and 0nER GOOD AND it
ra ,
e �m VAiL3L A. E CCVSIDERATICS Wi''.
1 7lt ten in hand paid.hereby sell(s) and convey(a) to I t St.
,y - fie#
f7alen Y. McCarty l r
- va: A+
tjt q^ whose legal address is 1306 W. 9th Ave., In.rpiuot, County of y t eY t-
eotll+f'r ,and State of Colorado the following real property in the 'r,.
'� Jh an undivided 12,789% interest i>rr°a`}�°' yt1`;: Weld .and State of Colorado,to wit: f
The Southwest rd, the South t of the Northt�at /, the Southwest rd of the Northeast k,�N,"'�` ,.,'+4 '
, 1s, the Northwest: Is of the Southeast Is and the South k of the Southeast / of "` 'v`} ` '.
,l .' Section 30, and the Northlest 'a of Section 31, all in Township 4 North, Range 67 �
i : : r_:;, West of the 6th P.M., containing in all 560 acres, mare or less (excepting from At,T,A.i-'' s-,.
t G5 -9 said Section 31, °Minnie Lake Reservoir" as convoyed to John W. Erkeitedc by deed 3N :flan);--. ,.:
: r res in Rad( 31, at Page 481, of the records of Wald County, Colorado; and g� "* 4""'
. + excepting a tract of land containing approximately 7.4 acres conveyed bo John A. i "6` 'lad tE
?,"t''f}d s Hewitt arc) Carley A. Britt by warranty des.! dated February 2, 1903, and trwrded r "•Y ."3' i"y p
,�„'+i in PPorile 207, at Page 37, of t.1•e iaords of Weld County, Colorado: also expecting a fry �`, �`+��rf,t.
> e+v,,g� dv >l dated Febstrip or ruary 8 of th, 1905, and recor d inanBock 73,at Page 2 3,yof`the records )ty ;"'Y ` ..y,^l
i � of Weld County, Colorado; and also excepting from said Section 30 a strip or r AP ,k2 :
t` .. parcel of lard ccann^.yed to The Northern Construction Company by warranty deed , '" ' r,
vt dated February 18, 1905, and r rded in Boot 73, at Page 242, of the records of 't aatt.i"i>r
Y
'r' Weld OoIsttyy, Colorado); but tegett= with all ditch and later rights appertaining Niftle,ft,56 o saidhares f the capital stock of The�14P2 ; F'tension Di'tch¢, including 21.9 Carpany,, . shares'of theocapitall stock of The Highland Ditst its yic
*rr C..—e,:r.y and 25 shares of the ^a-it� s cf 'is._ a,_;an Estes triter, CoT any, olds �r '
a 4�t alga all right, title and interest of thegrantors ir, and to a certain reservoir, ,e ' , w
; dl
tea,* prioririe9 and water rights, khan as the Hill Reservoir', said reservoir having t,> =re( i e¢$':
�. ' ,. eaa,_a priority No. 4, as of the first day of February, 1879: r' "4y. eact
ii . > with al! its appurtenances, and warrant(s) the title to the same, subject to prior years' Paves � 5 ,mss..'
�i}4 u} which grants+' accepts and assumes to pay: easritnesnts, restrictions and rights-of- E'"'�-v& ss" a .
.,L. #t rt - y of re....,_:1 or iz place, if a:,. e mess -„':t
V fR wi' • [ t
k. ;.
_ - Signed this Jo 0 day of De'.�can .}92}a „ �/)7 7 F E '" `.
f i-c czr ///ket-7-7/4-
JAI. /'12:- +
X7.'3 Patrick v3. / /J t s2 r-^'+m ';
it
x
(c'-.,TE Or rnr ngann t ys „r.
County of f F rs.,
„ 3t,r1/4 4�t
a, The foregoing instrument was acknowledged before me this eypr' 5t lent ',
-a'y ., d+ay of L;cx:.w^er , 19 83 by Patrick W. It arty ≤t, Y,r ii
7.7 ..
t, +'. :-?;,,,,73.:044;,i. bYy^.aie^s m 'JTand'.and o'� I s ® _ _ rWk
si
VBf
c STA9Y ` t�: et9:
.
' r try
M1 a
r
are— 5. h+7 x '
- ...d4.a", * . l'� a^ 7 z3,K,.}! ... y x s zic�t r t r, ¢
.4 gt ''r, s»:, " ..J..r..1s..... ,..,v....K n.M'.x.97ft- x�Ff�P '% 4•`.' .6, ".. �t4'.- .° '_d4',,,"
Y• _ .�.....
i. AnimsKP Kf .:.&;,;?,;'.
B 1017 REC 01951627 12/30/83 14:35 $6.00 1/002 % (.,.,' }"'"'`
F 0253 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r - etr Kt "
•{'` i
4 {n Y •
Et -- 1}. s
" PERSONAL. REPRESENTATIVE'S DEED (` '«,rC.' r3 .
`yidy TW1t'" ihC
'W11. It a. ^4ir v_.
4,41t141�v..
i.y�,  : v 4ko. i"��, ,.
O: . THIS DdED made by MICHAEL H. MCCARTY and PATRICK W. x>µ1"N�",``•.
�.,PM? -a-..: k
«"x;:.
�a MCCARTY, as Co-Personal Representatives of the Estate of t `�y 0 ,. #
` ' Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY, kwn m `t l y�s;
itt
�k, an undivided 74.4224 interest, MICHAEL H. MCCARTY, ar. 1 ` ,.,. , '' T
!� i �... yn �xi�x
v undivided 12.789%- interest, and PATRICK W. MCCARTY, an - �s*& . ';', k*it ',
r '' undivided 12.789`-3 interest, whose add_ess for the purposes Or ,t �'I
'k "`rr"F { `ue ;
j'• '" of this Deed is P.O. Box 550, Cody, WY 82414;
WHEREAS, Grantors are the qualified Co-Personal
,o,
`4',;X," � '"'xhv x` `
y
awe 1 Representatives of said Estate, Probate 081PR326-3, Boulder p ,3`"u
J County, Colorado; and, Eu
. , THEREFORE, Grantors convey, assign and transfer all L t n
,
-.e to Grantees the foilawing real property in Weld County, `e's3" k �.
Al Colorado: "xtr'"' '°
- The Southwest 1, the South g of the Northwest /, the �yk .
• ' Southwest 4 of the Northeast 4, the Northwest / of i, t' "'sa:
x^ gi' €r
the Southeast 4 and the South 4 of the Southeast 4 of .� `^'
Section 30, and the Northwest 4 of Section 31, all in - t,,,,E,A flO
Township 4 North, Range 67 West of the 6th P.M.,, ar
a 't _containing in all 560 acres, more or less; (excepting ��` �-
from said Section 31, "Minc`.e Lake Reservoir' as ;17,
'AA conveyed to John W. Erkenbeck by deed recorded in ,
- Book 31, at Page 481, of the records of Weld County, �-. 1,2.,
4* Colorado; and excepting a tract of land containing rr .,
- - - apprnr_mately 7,4 acres =onveyed to J:hhn A. Hewitt + ',
e?: and Charley A. Hewitt by warranty deed dated February �prnFrn9 F;W'
: , 2 1903, and recorded in Book 207, at Page 37, of the inn; f"SFr�°2 ,,.
records of Head County; Colorado; also excepting a O,Nre
All strip or parcel of la ed to ^h:. N--,.....,-- x�ec` ` m'1Z;,,,w~°` `sk"^,li ':
Const-"- 4 on Company bywarranty deed dated February rt L: c.:
3th, 1905, and recorded in Book 73, at Page 243, of (Pi ;�"1T w
; the records of Weld County, Colorado; and also excep- gaV
. ...y, , °" 4i
tang from said Section 30 a strip or parcel of land �� • h r*sue-.
Ii conveyed to c asv� Cenoe—ctie,, --mei—, 1 . 1E:-e.:
warranty deed dated February 18, 1905, and recorded Nn• 1 3v ;
•' in Rook 73, at Page 242, of the records of Weld l f ° ,*,,, W
County. Colorado) ; but together with all ditch and P „,_k,,tz_x,S:
water rights appertaining to said premises, including hif. `b�+�+>";
`� 21.9 shares of the capital stock of The Farmers `,�` f�-iroi.
# Extension Ditch Company, 9 shares of the capital �=! .4,,,,k.):;,,�
x".�� stock of The Highland Ditch Company and 25 shares of 1 181*'}
S the capital stock of The Bunyan Lateral Ditch Company, t. "" x' x>
and
all right, title s and interest of the grantors in A`
end to a certais� reservoir, priorities and water `a4, b1:.
• - rights, known as the "Hill Reservoir", said reservoir i €. e +`�
+ having priority No. 4, as of the first day of February, i �,,, I-
�.. 1879; h ;
• y
Y...-:-...- •.v'�+sl-.-.,,,,,,,k.... :,---:,:4.2":.'..:37.;:-.71.40 ,-
Y-„ - 4•4 1M +` `.�nWr L!^'.7 .1{rN�f!•'M.w M"i"'.N!,..-y-.- .. uw?
•:': we;r tets.....iawar:'•.-+.,.:..,•.*Aeoi`yr`f .ld.p...t ...A4:h1.44 :+'& rky4+e1�{ "+it':a .4 ce• M •••• ;1 -"i i.•a-.1.7 Y.
cur sr_ ..eaw�..u ;�.Nc#a�d..w x+saa— bz v 1 ..,.
-.f •4* • E 1017 REC 01951627 .12/30/83 14:35 $6.00 2/002 �' .le
a,:.1.4i F 0254 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO `.i.:. ..r,..,3s_t,
x • Z
441
t:ri▪ eS 3T .
?��. • 1, `' Cad . ..
SUEJFCT to all easements, rights of way and reserva-
A ..
Lions zoning restrictions and covenants of record or kit ' ^�
+.o otherwise E+stab zhed1 all u?.3£SS.u�"rie d'�t 31t�?EC" r.r rye
*`4, quently assessed taxers. o r y�}tN
fit• > EXECUTED this J. a—'
day of December, 1953. f
�'"7 (i-chEeI H ';Carty~, Co-F4rsvriai s. fi �i
�' r Representative T }�q r
,----2 . .. . ,<::-://-c--2 l4tri,i.,,
:7▪-7104....., • (x!if,?, , :•:-L-c,..‘ L' I. // C rti ...- g-itt, '
t'.r, :�
«, trick P+:• McCarty,1/3
rsonaY-7 XTM. . mss.
' Represensi tive : d, 7 '^
r.
44„,:.'�i
y tt�t •
:will:
.• f•. r „n r.e I �r' g i�' '
1 c:Oervl'? OF ? r �rx'� � `
.•.:The fow.goir_g instrument was acknowledged before me 1);i``, ,
r;; this .4_,E,..0. - day oz December, 19i�3, by Michael a. McCarty A k ;
:il and Per 'W. McCarty as Co-Personal Representatives - `,`'`'_ -.
fl. P"' 8t2VE33 of the V'.r e
1 .�, Estate of Horace G. McCarty.rty. ▪ �t M:
▪ *4 t.
. ,,74 , - My Commission expires: *�• p f�+`t,p c`'"}`°
�JtTHEP,SS my had and o ici seal. .:
��V•L
1 :-: %"�� "r41 _ — =
n A .:fir• .q • .,l;::la•:k •
A..
a • 15:7- 12.1 7
V.VP:4-4 :g4 11,71',.,--�• s7 �6: s F
94g..O.74;.., 4. .
r^+
;14:11 to .,
i:7:::4r41:77.7.1::::01."‘":,,,,„!4:ii"3cf
gi• g %i C s -. -
'a. }. yo-.}51;14,-"'
.tc▪ s � :',..:.:'4.:-:1'..:�7'.
>r: + ... . . .. . .-•-•-••j_..,_ ____, ._. __. _.. . 1
J r � '---�{,p r,it�. u
4 u Recorded.t..:::-.z._�9`4 . ue't)t+.k.....� :. .....,._.-. �..
�.-: _f r�n(� '7] = SIiErn •, ..r_»ee-dc:.
cata l f. 0 RecoptiOn Mu>...._•.•.-.......,.:: ..._...-.................................... ....
.4. ~NELEN M.'FICKEL, whose address is Berthoud, County off
r . Lariner,.and State of Colorado,'and D. WtLS0tf McCARTY,. ; •
1 ..::..
'! i whose address is Longmont,
'rrACI. ;:,-L C` + County of• Boulder .State of ;».
'+ J Ccioritdo' , • ;i1e,
b r the consideration of Obi DOLL'11:1 +( }a r
��yy C 1
&,Bars,in hand.paid,hereby sell(s) and conveys to (� „ ,' `_
;�:;; convey(s)
'''''''''1.-t.;,..1 ,...7 is
>-t CS t H. G. McCARTY,
an Y:' -�i '`+ whose address is •Longmont ; County o£ :! V.: `
.1.5A,1.11 r. :. ',•,..,1..L.: l•
` •'- Boulder and State of Colorado, the following real properly in the t'
t 0 County of Weld .and Sate of Colorado,Lo wit: h
t 3
f` ''' ' 'i+ `' the south half (SID of •
. the northwest quarter Ili
,�,y ::»•y,ry The southwest quarter (SW'r), ,
e•. (H0), ehe southwest quarter (SW3) quarter ••'+•
r,. �r; t of the northeast �(NE!�), the north- �i: + .• ;.,
Qi;`. .. .''+u'. .. �'J west 9 b and the , oath half (S§) of ` ' ,.,'
.;f '. ,e.� quarter (NNk) of the southeast uarter (SE_)
k•irt; y� �7= the southeast quarter (SE≥r)>;of sectttSn'thirty (30)$sand•a+,the•southwest quarter tI {•_..' ... _" :
= � +':'E`'+;»` ?4,si ( ?y). of section thirty-ono (31), all in township four (4) Werth, of range
�7 _ •
if' ' I'' '•sixty-seven.•(67) west of the 6th.P,M., containing in all five hundred sixty 4• , .. V,
1',*,'v'> 'a: . (560)acres, more or less; (excepting from said section 31, "Minnie Lake I: 4:
Reservoir" as conveyed to John W. Erkenbeck by deed recorded in book 31, at t: t s. -:
.. .:! 4.).4. page 481, of the records of Weld County, Colorado; and excepting a tract of >•.. 140'-.t.. :
Attets .; :, land containing approximately seven and four-tenths (7.4) acres conveyed to1,T.-•r
t'f ., : .. ._
�i- John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, ,t ,
• j. ;`l ` and recorded in hook 207, at page 37, of the records of Weld County, Colorado;
:'. .4,.,: also excepting a strip or parcel of land conveyed to The Northern Construction I t=
•4'dr,'' `r Canpany by warranty deed dated February 8th, 1905, and recorded in book 73, at I i
•.:fir, _:.•�ae� 6 ,
.. pet};e 242,' of the records of Weld County, Colorado; and also excepting from said
tIgt:, section 30.a strip or parcel of land conveyed to The Northerr. Construction Cem- I
);S7 piny by warranty deed dated February 18th, 1905, and recorded in book 73, at i
�" r a page 242, of the records of Veld County, Colorado): but together with all ditch s -5`
' and water rights appertaining sale: premises, including 21.9 shares of the I»,
�- 4"- capital stock of The Farmers Extension Ditch Company, 9 shares of the capital I
-.• '. 'i;% stock of The Highland Ditch Company and 25 shares of the capital stock of The
:: %. - %a Runyan Lateral Ditch Company, also all right. title and interest of the Grantors ! .; ' r
+' knower as the "Hill ! 1. .
+r!of;/; ,/,.,,•,,,,,;.i
in and to a certain reservoir, priorities and crater rights, i .'•
•• ` j,'• s } Reservoir", said reservoir having priority No. 4, as of the first day of , i-m.r.
1; +. 74r'x' `eielTrig xst iitif itletAinKli k' 4 8*A Aunt t kl"4';+ail!'-.' _ I ���..
eat ,,i, ! February, IS79; } " t'T *`
'`' ' I Reserving to the grantors an undivided 2/3rds interest in all oil, gas and l)). '61..t-ii
yxfi�a c minerals underlyinc said premises. + ' Or:
E
sty i Signed This 2nd day of august ,19 74 . I I .
{ `' I 'Vet) y� s �. , r.•. . �;�`..4
r �s t1• vie en//'G'.. i�� e(� tx?
- .:.4...,
i' ' .b. rr7itson Pfcf;arty, t....*:.:,.'.;
4 J?
1
I STATE OF COLORADO, _ I 4I'' •yin:.
‘,. .6*,...
f County of Bou?derr !.• ~rt
•
�y ,}a? R1 •,'` ..........1`': S r lad$LLI before me:77;3 .2nd r:. ,
44,yt _,,* v f:l 10 Iore�'Q..L.�instrument was a 1p w ie j s
' "kw. t —.if-11m 1 '? .lu�L i9 i4 by +sLE:: ;': :iC�Li mad D. +SI?SO:; �icC:LRT . :
•rye,k aG _ . i t
•
''.;7-.4.25;16t:','1�' �\ Kxb ad •a' Sp July 14th, 1975. • I �'• y-
lliVia;.;i ,rr TZ e hand and official seal. ,.. ! , •'
• cdr_r.1r= �hr �7I`tTL ' :7 lr, t_ •.
•/7:'.4 -t .;'.•'¢.. I 'toriserr7 de:tar •r-:;ayG—'t sr aatars.)re: o or persons tn:a t. .r»m�5 or asrro:tt by C a ttn:;La:eereo otatiee or I I» .
` -..usn, ester-tor e•t rG0T-�--Lae or or. er 'l-City'-r urCGilr1- .' •",t"'
.• 4, p:.;J':'� I Lob.
en ot1c or as rporati n hen :Don i o.'of
o. �, ! ?!.:.+ 2 +
' ��,��'�,' itoe•If by of:7cex of corporation then lac-non.K vcc]c1'tlesr C:Cfni;:3!LT t.':0=cafe-tat Oi(Off D[Ck»v,':^b et eJc'.:tor i y:.sass •,�,• ..
r'£•}•.:y '.t 1 Matte"eosin It. I ' • -
- „fit• . • , I it
.j.7:
''.'% •>. :i0.€9i, W�rns •Decd—Boom Foam••-.4e.tti. t1 RS.]!F!—°�,.-.-.1!'-::::..a r..4-2::4;3:wG r�rs»
. v. �r.r 'rasa. t_ r M. '..Y•r ,.^'S=fir < .wrs
_ • 4
Recorded et./G--""----O'clock...(/We ... . JAN 13 1..-9 .-aI.-i:_ .. 1 I CI
_____ r Reception Ne. .L.�v •l t)r lm 5r
l •_. _. AoMeRttotder. j. i
•
Recorder's Stamp
KNOW ALL MEN BY THESE PRESENTS, That We, I). W1L50NI I r e
McCARTY and II. G. McCARTY, of the County of I I.
Boulder and State of Colorado, and HELEN M. I. ;
FICKEL, formerly Helen F. McCarty, 1
of the County of Larimer ,and State of Colorado, I, t t
f, for the cnnsidernl Ion of ONE DOLLAR, 1
t in hand paid,hereby sell and convey to D. WILSON McCARTY, i. _ t
KJ�A{t :1. C. MCCARTY,. and H;LL•'N M. FICKi•L, I i
N.' of the County of Boulder ,and State of Colorado,the following nal
IP, ' . pro icrty,situate In the County of held, and State of Colorado.to-wit: i '
)u , The southwest quarter (.,h.,),'--the south half (S-.,) of ttre northwest .
la jyt quarter (Ill ), the southwest quarter (Sl'1,;) of tie nort esst quarter .
(NS.), the northwest quarter (NW' ) of the southeast quarter (Si. ) and It
q the south half (S7) of toe sootncast qt. trter ($ ) of section tutttr'.
e t I(30)' and the northwest quarter (NU'') of section thirty-ono (31), all I'
a 'In township four (6) north, ohran;,e sixty-st , .n (ti) l..at of t it❑
r. .; II l'.1•;., COAL tln ih, in all i ivc u• .mired si t'. (S4,O)) -tr •,s, Mors; ti I. �t
6 Yuse op tin;, from said section 31, "Hinnio Lazo Rcs,rvolr" as coon c d '
'Co' John h. •..; _nbeci, b' dc.:d r.•eurd:d is boor 31, at ;lab.: 4 .1, of toe '
Itucords (3i ltl.Count:, Colorado: .nil •e;c'•'pi.i. , • t r..(( III lath; t nl iit
Lnl, ,Ipp'nx Lida el.') :. :vu, ind (o.ti-L:nt15 1/.4) act' 's conk LI to . 00n '•..
'bs:htt Ii, warrant; d.:.•d d.il,•d .',....i t,.:irtHod, 1
:Iut+iLt and CIr.Irl •� .. � � 2,
land recorded in howl. 7u7, .IL pa„ S/ Lit t..; • t tai lus Ot I :ld C:.+uni. ,
Colorado; also .•xrrptLu„ .I Li 1p or pa re 1. o. land .r.:n •d I u "4.1, i.
Nurth tI trn Cons 'uc L ion Comp:III) I. w,)t'r:i'it• t' U teat .• . i,.-•- n' . • 1 •, L .
1')05, and r.•cnt•ded In bon'': 73, kit 1.\;t` 243, n L t • e eur.u. o. ,,••I te. t i1t ,
IColorado: ;Intl a1SO cxc'•iit Lny Iron said,SeCIioie T.. I s( t i,• i•I' c.,re i i
lend conveyed LO 'Hit. Northern Construction Company b hater iii . 'I.: •d
dated February 1..LI1, 111u5, .raid raeordcd lit book 73, at rd..... 24 ' oi. Ii,
t'ccortis aid heldCount•.-, Colorado); bur Lo,•rtiidr I.i.t.t all ;Ric., ,old t.Oh.lr
rLI;iils upper entn int: to said pr,•.ui.ses, includ in!, Y s:lar:S of the capital
;stock of Tile 1lfgitland !Alta Cont'Iii'. and 21.'.' snares o, too ea;•it.tl stocit
ui Tilt' F;n11101's r.:<t.•nslon uttcil Ct'lnpall:-, also all ri. III, title and in- I '
L.•t'vst of tii' ,r.lutoi's in Mill to a t. it.li:n resrrvti.r, print .ind I
water rights Ic howl as Coo "dill Res.•rvoir'•, said rrs,•rvolr ,I.lvii II:
prior Li, :;u. 4, as uI Lite first •:. , ... n'lii,iti:r, le/•/;
villa ell Ito MPl'urtounncm,end warrant the title to the name,subject to I'
II
I
Signed and delivered this L 7 L' t day of r�`-Ott
,n i,'�.t' - ,- U 1 to. 111,
in the nre or /I,' ,,-t- �,rry Iv4Al.)
>`-/ .y �II I -- nt lsEm.) I
• I J6f�� I.
•.. _I fly,-( (e,r.m.!
9 a7�
formerly ,—..' ..-0• 1e9`/e.
STATE OF COLORADO w (,t_V.)
I County of Boulder, }' I:
I The foregoing Instrument was acknowledge.'before me this 17th day of December,
C1958 , bye D. hILSON McC\R1Y, N. G. `IcCA!:TY, and 1..-11...2: N. I'ICL....L, tormet•Ly
wane,.my hand and official.ea .t.iL.N F. L:cC1;:T1'. j j
My ioattniuion expires July 22nd, 19$9. '
�— II •libq neon;rirnm r::mm Tnm lint..'- " ,warner:If' Lem.a ten¢M n•e rntarlen nr..ttk41 es v,teIti n' rY —l-. -
1 Y 1•.Inv'tnnn In+lt f 1^ 7 .ne pi..
1n.tut t u•Trer a ...ni ivrh'eall.tt.n:,r nr •r•"f•I n..
I^ ltm,Ih.uA..,, inn•d emh ultl.nr yr vfn. 'AuILnem�m1ttnNa nft'nn of euca aoryrnn.q w,nnc I. v
A.•4uvita,raU.vtnun MI
.. .....r.. .M1.firm •:owl toil Nunn.Rt a It Sant sa,lMa.m" i, ,....
LITTLE THOMPSON W-NTER DISTRICT
'Telephone OM)532-2096
DIRECTORS: 836 E.Highway 56
T �� Drawer G
Loo B&^i �j Ly 2 4 2 0 0 0 Berthoud,Colorado 60513
Keith Croonquist
Glenn W.Gibson
Dean Anderson
Carey J.Selomnaneon •
James W.Such
MANAGER:
Richard H.H.Whiltet
Steve Shultz
21475 WCR 19
Milliken, CO 80543
Dear Mr. Shultz :
This letter is in response to your request- for a water service
commitment for up to 10 additional residential lots, in the
proposed subdivision described as follows:
PORTIONS OF SEC.30,a id-N.W. 1/I, -SEC•31 '4N, R6 7M, Meld County, CO
1 nng 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- exi st-i r.g water lines of the District to the above
property and the installation of taps for lots ig done under the
terms. o-f the_ Rules- a-id Regulations of the District established by
the -Bcsar- -of trhe• Dist ric- from_time to time. You may obtain a copy
of the Rules-- a ' Reguiat i ona from. the District. This letter
outlines t-he -pr-vi-si-ons of the t?„1 e and_Regulations, however this
•
letter does-riot chance- any pro-ui sion9 af_ the Rules and Regulations.
The Boaid -of -the tistr'iot may alter and amend the Rules and
Regulations at any tiite, and the provisions of._ this letter are
subject to alLeidtic-n and -amendment based--on -changes in the Rules
and Regulations of the District.
We currently have-a b" ni_ water i.ine located along WCR 13 to
WCR 42 with- additional capacity available Therefore, we can commit
to provide service -to the above property, subject to the
limitations in this- letter, for one s-tandand reeidential 5/8" X
3/4" water tap per lot; std the fell-owing -additional limitations on
the provision of water service are:
I-. In August- e€ 1993 the Tittle Thompson Board implemented
a "system irpac ." fee of X105-0 -per lot for, all lots to be
added: to- the- system. This is due upon completion of the main
line eat-ension agreement .
S . all improvements- _to nistrirt_ facilities required to
provide- service- w-tll be the finanrial responsibility of the
developer in accordance with the District Rules and
Regulation. Ill improvements must conform to District
Specifications.
3 . Little Thompson Water Di-strict requires the transfer of
one share of Colorado B-ig Thompson water €ors each lot in the
commitment : The cost -of -taxis wet-er- i-s - -ubj-ect to rebate from
the tap fees pa:.d from the development .
4-. The- installation of_ a fire_ hydrant requires payment of a
$2,60G fire hydrant fee- prier to final approval of the
subdivisions lines. You will he responsible for any
improvements ncadcd to meet the -recpri red ..fire flows in your
subdivision.
5 . In order to _lrovid.e the required flows to the subdivision
you will be-re i red- to- install a_ minimum Cz' Dia. Water line
from The inter-section o€ WCR _13 and wrR fl-South through your
proposed subdivision-. You may n€ed_ to_ o_versize this line and
/or loop the line bask to the main supply -to meet any fire
flow needs that- thy- fire--district requires .
6 . You will be required to provide the needed water lines in
the proposed subdivision
7. The design, installation and total cost of the project
will be the responsibility of the developer.
It is- passible that some 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 sitilize -them to serve your
development ( subj-eet to- the D-is-trict rebate policy) . It would be
wise to work with t-I-e other developer-s 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 ine replacement .
The rules and regulations--- regarding Demsl oilers transfer of
water rights and pu�.ehabe -of - tapo is---chaagi-ng. The new policy
requires the developer to transfer thc -wate-r sharers and then to pay
for the rest of the tap fee as thc-wat-e-r lines ire 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 i-October-2000. You will need to
execute a main line extension agreement and LLan9fer the water by
1-October-2000 to ut:Llize the old policy for this development.
-Phis comml .meal letter -will xpirc one year from the date of
this letter if the taps have---not been purchased, paid for and
installed by that date -of --expiration. The -current fee for the
domestic 5/8" X 3/4" tap is $16, 00-0-. YOU ARE- HEREBY ADVISED THAT
THE_Rrn.wa, REGULATIO:!tS AND TARIter'S -OF-TEE uistx2CT ARE SUBJECT TO
CHANGE WITmnnm NOTICR; _AND THTR LETTER IS ISSUED t(ITH THE SPECIFIC
LIMITATION THAT THE- n S-TRICT MAX- CMANGR THE_ RULES REGULATIONS AND
TARIFFS APPLICABLE TO THE ABOVE. t+xOraKL i AT ANY -TIME WITHOUT NOTICE
TO Y9U OR ANY PERSON.
If you have questions, please contact me.
Regards_,
Michael T. Cook P.E.
District Engineer
Hello