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Home My WebLink About20000696 0 p 1 06/12.90 1:3AmuoldTskdooto1111101 rri AMENDED RECORDED EXEMPTION No. 0709-23-3-RE 1950 0O 2774083 f18060.00 000.000 WaldJCa my COukamoto rn NJ viS0 PART OF THE SOUTH HALF OF SECTION 23, TOWNSHIP 7 NORTH , RANGE 65 WEST 588 NW CORNER e. OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO 523.T7N.565W / FOUND 1 I/2"e K CAP J Z ON 46 RED/LP2 R 3,1774.1 CORNER 71 INTERLACE LS 12374 PI FOUND FOUNp 2 I/25e K CAP ON/B R®AR NE CORNER I'iI NTEWdILL LS+2374 I 523,T7N,R65W z tu FOONO 2 1/2'.AL CAP O ON/'8 LL AR L5 INIE MILL LS 12371 QI f"t a W I/O CORNER = a 523.T*4,R65W U O FOIANO 2 1/2"1 AL CAP LEGAL of csoMN �l 3 a ON/6 REBAR 5 8859'12-W 414.46' Lot"B" Recorded Exemption No.0709-23-3-RE 1930,Recorded at Book 1578,Pg.1213,November 26,1996,Rec. erE a INTERNAL LS 12374 •' I No.252221:Being port of the South Half of Section 23.Township 7 North,Ronge 65 West of the 6th Principal r_, 0 O 30'A(N6CUL IURK_/4--'-r-- N 33'4'50"W 193.92' I Meridian.Weld Canty,Colorado F+'iI 0 3 CO ACCESS I Said described parcel contains 78.792 Acres more or le ,and is subject to alp rights-al-way other easements os ✓\l P33 O es a I granted or reserved by nstnsmanls of record or as now existing on said described parcel at land. r_, U 1 N 51'6'54'6 184.19' SURVEYORS CERTIFICATE I,Japer Freese a Registered Professional Land Surveyor in the Stole of Colorado do hereby certify that this Recorded z Exemption P,1.`1.�� •spored And.,mY personal supervision d that this plat is an accurate repesentotion thereof. 1surve ^ further • iers with oll N 46'46'0'W 171.55 I I Colorod4!,:^' ;'fir Registration tion tor ond this plat onal Engineer,applicable nd Professional es.regulations. Lannd Sur•.eyoro. of the State of 1�1 U • • 3 CENTER UNE /� I ../-CF SEc.noN 23 y i....'� ` 9 I ,..../.- _N 49'39'25'W 235.37' I • R•'t- Land -i. •orado Reg.No.6392 �..I 111 5 oy I I • C C. a I FORMER LOT PROPERTY lsY l2 ��•s'TIFlCATE N l.elE We,Booth land dt Livll.estock Company,0 Colorado Porinerehlp Gary 5.Boot,nanaging partner,being the sole owners 'n tee of the abase desatbed property do hereby aobdkAde lbe same 0a abown an the otlodled mop. We understand 41 f-- CT) thio property's located n the A-Agriculture zone district and is also intended to provide retie la the conduct of N other uses by right.occaseory uses.and uses by 90eclal review. We do hereby docket..for the baelit of the properly shown or described hereon easements for the purposes shown or described hereon. 60'ROW—I I I I 0. erak L `3O• I I REMOVED Booth 5lon n•L',,veatock on Y.o Colorado Pprtnersh 1p. 1 [Q] SCALE: 1" 200. I. 1 00.rj0 The foregoing certllbatlon was acknowledged before roe thieLdar of$660'C' 2000 by Booth Load& ^ I$ m Uvestoak Company.a Colorado Partnership.Cory S.Booth managing partner. V� 0 I 1omoo kr gINEWLOT 4.4V iii I I My cammkelon expires: .166.3,2000 �/(r o Na ay P k i . FREESE ESET fe ENNEERI10rI 92 '_ ; CAP I _.'1)DETAIL OF REVISED LOT UNE .t- AREAS , I OLD LOT'B' 78.98₹AC SCALE: I--100' REMOtIED 0.1964₹AC 5 42'4'52"W 133.71' REVISED LOT"B" 78.78₹AC • . \\�J I — z _ B \gyp, f. `�9\ Nip 15'ACCESS AND 6iPoGATIp1 EASEMENT OWNERS •`71' FOR LOT"B" 3 33071 LANDHI Et LIVESTOCK CO. 0 \ I. Allproposed or existing structures will or do meet the mnimam setback and offset01 BOOT US HIGHWAY ST y \ I 9 requirements for the zone LUCERNE,COLORADO 80846 0' \''..1'..3;,. t I district n which the property is 10001.5. All proposed a existing structures.W or do meet the mnknum setback and y0 EXISTING NRICAR06 DITCH / offset requirements la the zone district in which the property is located. Purauanl to the definition of SETBACK In the 31 AND FIELD ROAD \ �I., / y1\\ Weld County Zoning Ordinance(Ordnance 89.os Amended).the required setback Is measured from the future vv .`� \\ \ 3 \ right—of—way lne. W ,,1 \b,,qq�� . // \N 34'20'11"W 206.75' 2. Any future structures a uses an site must obtain the appraprbte Ewing and budding*mite_ \N \`G 't'/AA��,, 3. Prior to the release of building permit.on Lot A and Lot B.the applicant will be required to submit a recorded Z 8 0� \N ' ' yT/ V" \ S deed describing the lot upon which the building permit a requested with the building permit application. The Iagal `o 01 N N. ho/ \ I deecriptiso an such deed shall include the 301 and recorded axemplan numbs. /R H N. N q/ /'\' N N I 4. Should noxious weeds exist on the property or become estobUMed os o result o1 the prepwed development.the v IR N. \N / / \N\ opplicanl/landownee shell be reponse*for controlling the noxious weeds,pursuant to Ordnon0e 1696.. LOT "Er o^ ' 70.78₹AC \\\ APPROITOPO 8046 50Un1ERLY Hi v I _ / 5 4417'5'W 52.41'4,g,\N\,//-00105 01(0206 I N 53'46'4'W 8&10' .4. x\ NOTE: 5 43'26'59`W 123.37' `y \ ONLY THAT PART ACCEPTANCE 0 78'62'26-W 8388' 5 74'3'45"W 78.00' k \\ I OF REVISED LOT 30'ACCESS-----1 ® 'thr s7 \\ _B.SURVEY I Dm plot is accepted and alp eel for filing (I) • \�c\ 4 I . 5 49'43'25"E 6.09' 7•••• �.•to y W LOT "A" • • 20'ACCESS EASEMENT I :. !';.. 'he Boatel•f cola,y 2' mi65ioI1M5 W 10.765₹AC FOR LOT"8" 1 w OI ( 5 Ia10'J6"E 151 77' / c• ( I T Count,Clerk to the Board Um FPI 5 87.26'29'E 369.95' N 0'34'19"E 2096"----'1" , N 2170'317"W 61.91' ��.'.".'� ' SEPTA FOR SE 807 '100.00 N 21'42'27"W 24.59' }\\ / 32Ki44"W 8788• _. DDfed .-.R'p0 194.60 19.33 N 8975'41'W 66.78' ` N 3274'44'W 67.88' Deputy Clerk to I Board 5 1'4'27"W 230.75' l 20'ACCESS EASEMENT 30'AI'rtS$ ,slim I__ FOR LOT Dr S 85'51'55'E 39.61' -- _,____ -I"L—N 3'0'42"W 249.01' SW CORNER _ ''62 ._ _._____ i FOUND I 513,T7N,R65W --_. ____-._ 517.23 _._. _ 30.14' FOUNp 2 1/Z".K CAP --- 30.0.7' S 718'41'W 93.57' 472.i1 r I ON/6 R237R ---_ - _.__._.____ __ .___ N;•'1'43'E 79.26' INFERNAL LS 12374 --'50751• -- - - N 11'36'45'E 79.66' 46 WCR"F 21 78.Sj5-OP BEARI 12}'(. - ---'-'-_.. - 30'-ACCE0- j 60 ROW J-- ___ - - __ -..._.____..___ 2673.1.7-'_____ i0UN0 CO• _ -___,_ 6/YELLOW 6' 39.21• ._'_-- _ .__ _ IS 14 80 13 LS 12374 —--_ 5 1/4 CORNER BASIS OF BEARINGS 523,17N,R65W SE CORNER BEGINNING at the Southwest Corner(SW Cor.)of Section 23,Township 7 North. FOUND 2 ION 1 A AL CAP 523.776.R65W R EBAR Range 65 West os manumented by o found OB rebar with Aluminum cap stamped INtERMILL LS 173374 ON 06 REBAR FOUND 2 I/2'e Al CAP as per&.M instructions and INTERNAL LS 12374• and the South Quarter Corner (5 1/4 Con.) said Section ion 23 as monument.' a found/6 rap with miE MILL IS,2374 t aluminum cap stamped as per ERN instructions and INTERM0.1 LS 12374 to bear South 8,51'48"East,with oil other bearings contained herein relative there to 22 ® 24 1%N Or Cn IT 8 iNOTICE: According to Colorado Ia.you must commence any legal action based OI 0F .• LOT B upon any detect in this survey with three(3)years otter you fret discover such .c1' Fo6 LOT A mss. defect. In no event.mop any moan based UPC. y detect At this survey be 2 commented more than ten years from the dote of the certitcotlon shown hereon - 1q�1 27 26 NOTICE: Al the request of our client,recorded easements and rights—of-50y IA` w cCP>8 25 have not been researched by us or shown on this plot. The casements and �� R665 0656 VICINITY MAP rightc—oat—way which moy be gown hereon may nal be complete,are based on ,L's afi SCALE 1" 2000, genera Information,and ore to tie used only n Vile context. CELT 1 5-1385-00 • RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL FOR AMENDED RECORDED EXEMPTION #1950 - BOOTH LAND AND LIVESTOCK COMPANY 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, on March 3, 2000, the Department of Planning Services approved Amended Recorded Exemption #1950, for property which is described as Lot B of Recorded Exemption #1950, being part of the SW1/4 of Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado, for a lot line adjustment, with Conditions of Approval, and WHEREAS, a request to the Board of County Commissioners to delete Condition of Approval #2.F. for Amended Recorded Exemption #1950 was submitted by Booth Land and Livestock Company, P.O. Box 72, Lucerne, Colorado 80646, and WHEREAS, after reviewing Department of Planning Services staff concerns and hearing the testimony presented, the Board deemed it advisable to deny such request; however, to direct staff to consider Condition of Approval #2.F. for Amended Recorded Exemption #1950 satisfied if the applicant submits to staff an easement agreement for a septic system leach field onto the property adjoining the .28 acre lot, with the area of said easement and the acreage of .28 acre lot combined being equal in size to 1 acre or more, and with said easement being for the benefit of the Owl Creek and Supply Irrigation Company ditch rider. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Booth Land and Livestock Company to delete Condition of Approval #2.F for Amended Recorded Exemption #1950, be, and hereby is, denied. BE IT FURTHER RESOLVED by the Board that Department of Planning Services staff be, and hereby is, directed to consider Condition of Approval #2.F. for Amended Recorded Exemption #1950 satisfied if the applicant submits to staff an easement agreement for a septic system leach field onto the property adjoining the .28 acre lot, with the area of said easement and the acreage of .28 acre lot combined being equal in size to 1 acre or more, and with said easement being for the benefit of the Owl Creek and Supply Irrigation Company ditch rider. 2000-0696 CC, /O/ /9�,0L RE1950 • S RE #1950 - BOOTH LAND AND LIVESTOCK COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: /Orrxe J!-� Barb ra J irkmeyer, Chair Weld County Clerk to th_ Bo ' M. . Ile, Pro-Tern � , BY: Deputy Clerk to the 8� �+ George . Baxter APPROVED A TO M: RECLUSED Dale K. Hall tto e A44 i/ A c�Unt A y Y Glenn Vaad 2000-0696 RE1950 • i ( eckh�' Item Comments (heel. Proper size of plat 24"X 36"or 18"X 24" Boundaries of Lot(s) • Scale Suitable Scale? (Approx. 1"=200'or _'-100') Access indicated Shared access? If so,is Easement Certificate included? Roads labeled, including R.O.W. Building Envelope(s) Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE North Arrow Legal Description Notes from Planner/ Development Standards 411 Conditions Of Approval completed? Owner's Certificate Notarial Certificate included? If deed indicates two owners,have both signed the plat? Surveyor's Certificate, All surveyed plats Note:USR plats do not need to be surveyed Surveyor's stamp Director of Planning Certificate Notarial Certificate included? (RE, SE,SPR,Final PUD, if Staff Approved) Planning Commission Certificate (USR's,coz,) Board Certificate (USR's,COZ,Final PUD but not if it was Staff approved) *RE,SE&ZPMH,if Board approved. Typical Road Cross Section if a COZ.Final PL1D Easements If Final PUD Please return the plat to CAD Tech. within 24 hours of receiving the plat. • Planner On Call: 144• (Initials)A Planner Signature: , //Date: la 6 9 O • 4 let I DEPARTMENT OF PLANNING SERVICES e RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Booth Land and Livestock Co. Case Number: AMRE-195NO Planner: SL Legal Description: Lot B RE-1959 Being pt. SW4 Section 23. T7N, R65W of the 6th P.M., Weld County, CO Parcel Identification Number: 070923300018 Lot C Size: N/A Lot B Size: 80+/- acres Lot A Size: N/A Water Source: North Weld County Water District Sewer Source: Septic System Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health. safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sew.-._ae Disposal System (I.S.D.S ) regulations. 2. Prior to recording the plat: A. 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 ana egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. B. Lot B of AMRE 1950 shall utilize the existing residential/agricultural/oil and gas/ditch road access points. No circle drives or additional accesses shall be granted. a • C. All approved accesses shall be clearly shown on the plat. D. WCR 78 is designated on the Transportation Plan Map as a local gravel road. which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 78 shall be delineated on the plat. This road is maintained ay Weld County. E. WCR 45 is designated on the Transportation Plan Map as local gravel road. which requires 60 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 45 shall be delineated on the plat. This road is maintained by Weld County. F. The .28 of an acre lot being increased by this amendment shall comply with the one (1) acre minimum lot size required by Section 11.8.5 of the Weld County Subdivision Ordinance. G. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for AMRE-1950. H. 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 (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits on the lot, 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 and amended recorded exemption number. 4) 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. 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 Department of Planning Services. The applicant shall be responsible for paying the recording fees. 4. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By J". ,'( 0 1 Uli'k. V7 Date March 9. 2000 Sheri Lockman ❖ Planner . • MEMORANDUM ' TO: Board of County Commissioners March 13, 2000 e. FROM: Sheri Lockman, Planner II COLORADO SUBJECT: Amended Recorded Exemption 1950 & Subdivision Exemption 807 On January 19, 2000 Booth Land and Livestock Company applied for an amendment to Recorded Exemption 1950 and a Subdivision Exemption to change the lot line between two parcels. Both applications were conditionally approved by staff on March 3, 2000. As a condition of approval, the applicant was required to enlarge the 0.28 acre lot to one acre. The applicant is requesting this requirement be waived by the Board. The existing 0.28 acre lot was created in 1938. A single family residence, formerly the ditch rider's residence, was recently demolished on the property without a demolition permit. Section 72 of the Weld County Zoning Ordinance reads: Non-Conforming Lots. In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such LOT fails to meet the requirements for LOT area that are applicable in the zoning district, provided that Bulk Requirements other than those which apply to LOT area shall be met. Variance of Bulk Requirements shall be obtained only through action of the Board of Adjustment. The 0.28 acre parcel, per the application will not contain enough area to contain a leach field as required by the Weld County Department of Public Health and Environment. The applicant is requesting to include a septic easement on the adjoining property.As indicated in a referral response received February 1, 2000, the Weld County Department of Public Health and Environment requires the septic system to be placed on the parcel of the home it serves. No variances by Weld County Department of Public Health and Environment will be granted on setbacks between components of the septic system and pertinent ground features (irrigation ditch, property lines, etc.). Further, Section 71 of the Weld County Zoning Ordinance states: Intent. Within the zoning districts established by this Ordinance or amendments thereto, there exist LOTS, STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. Non- conforming USES are declared by this Ordinance to be incompatible with permitted USES in the zoning districts involved. Booth Land and Livestock Company owns approximately 366 acres adjacent to the .28 acre parcel. Planning Staff concurs that it is reasonable to require the applicants to include enough land to meet the septic and one acre minimum lot size requirements. Thank you for your consideration in this matter. SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF PLANNING SERVICES vtdijtazpim:_,6 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO January 24, 2000 Tom Coffins 109 Elm Ave Eaton, CO 80615 Subject: AmRE-1950 - Part of the SW4 of Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Mr. Collins: 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 Eaton Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Eaton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the town of Eaton at 970-454- 3338, for further details regarding the date, time, and place of this meeting. if you have any questions concerning this matter, please call me. Sincerely, Ae,9*.271)2N' n/x Sheri Lockman Planner FIELD CHECK inspection date: 2/3/2000 CASE NUMBER: AMRE-1950 and SE-807 APPLICANT: Booth Land and Livestock Company LEGAL DESCRIPTION: Pt. of Section 23, T7N, R65W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 78 and east of and adjacent to Weld County Road 45 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: WCR 78 is a private lane east of WCR 45 which dead ends at the center of the section. A farm road is on one side of the lot and the ditch is on the other. 14w /r7-/4///W7 Sheri Lockman, Planner r_ o*:,r- WilDC. APPLICATION FLOW SHEET COLORADO APPLICANT: Booth Land and Livestock Co. CASE #: AMRE-1950 REQUEST: Amended Recorded Exemption LEGAL: Pt. SW4 Section 23, T7N, R65W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 78 and east of and adjacent to Weld County Road 45 PARCEL ID #: 070923300018 ACRES: 80 Date By Application Received 1/19/2000 KO Application Completed 1/24/2000 SL Referrals listed 1/24/2000 SL Design Review Meeting (PUD) File assembled /-)53.00 o Y F5s Letter to applicant mailed 1 --)-S -0-0 -. 0"S' Vicinity map prepared Referrals mailed P5 -OD A 5 Chaindexed (--7--1S--- d 0 1 ES Field check by DPS staff Administrative Review decision: (' i),07rf,Gfc 3 -3 -00 Date By County Commissioners Hearing Date(if applicable) '2/ 7/0O Surrounding property owners notified Air photo and maps prepared CC action: )- I�QQ, CC resolution rec ived Recorded on maps and filed Overlay Districts Zoning Agricultural Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ Panel#080266 0487C DEPARTMENT OF PLANNING SERVICES Weld County Adm rative Offices, 1400 N. 17th Avenue, Grill, Colorado 80631 Phoi 70) 353-6100, Ext. 3540- Fax#(970) 312 APPLICATION FOR RECORDED EXEMPTION (TO At4M) Application Fee I gO Receipt Number $/6 Case Number F- E 6, 7/ Recording Fee Receipt Number Zoning District Application Checked By K;,;,.. 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:Lot B recorded Exemption No. 0709-/23130 aTl2c eager 7898+/- Zoning Agriculture Parcel Number: 0 7 0 9 2 3 3 0 0 018 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No,yy Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No x; Airport: Yes_ No X X ; Geological Hazard: Yes_ No X X FEE OWNERS OF PROPERTY Name:BOOTH I AND & LIVESTOCK CO. Home Phone# Work Phone# (970) 353-7090 Address: pn_ Rnx 72 City/State/Zip Code Lucerne, CO 80646 Applicant or Authorized Agent: ROOTH LAND & LIVESTOCK CO. Phone#(970) 353-7090 Address: p.0. Rox 72 City/State/Zip Code Lucerne, CO 80646 Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source N.W.C.W.D. N.W.C.W.D. Type of Sewer Septic System Septic System Proposed Use Agriculture Agriculture/Residence Acreage 79.98 10.78 Existing Dwellings No Yes Yes or No Existing Dwellings Address (if applicable): Larger Parcel 22495 W.C.R. 78 Eaton, CO 80615 Smaller Parcel 38010 W.C.R. 45 Eaton, CO 80615 Smaller Parcel (applicable only for 3-lot Recorded Exemption) N/A I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. BOOTH LAND & LIVESTOCK CO. B Signature: O Ser or Authorized Agent 5 i • January 6, 2000 Current Planner Weld County, Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Application to amended Recorded Exemption No. 0709-23-3-RE 1950, being a part of the Southwest Quarter (SW1A) Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Current Planner: The undersigned hereby submits the following information and application to amend Lot "B" of the above Recorded Exemption. This and the accompanying Subdivision Exemption Application are being used together to adjust the northeasterly boundary of Recorded Exemption No. 1950 and the adjoining property owned by Owl Creek Irrigation and Supply Company. This request to amend Recorded Exemption No. 1950 will not create any new lots. The northeasterly boundary of existing Lot "B", approximately 78.98 acres, will be adjusted to correct the boundary between the herein described property and the neighboring property (see before and after maps a part of the Subdivision Application). As stated in the Subdivsion Exemption Application, the Recorded Exemption was done by a previous owner and now the current owners are in agreement to correct the boundary problem. Farmable/tillable acreage will not change with this requested amendment. This request is not inconsistent with the efficient and orderly growth of the area. It is consistent with the growth of the area in that the use and nature of the land will not change by this process. The subject land is zoned Agriculture, and will remain primarily an agriculture use, thus insuring the request is consistent with the intent of the zone district. Uses that will be permitted are limited to those permitted by the County Agriculture Zoning Ordinance which includes crops, pasture and livestock. This is compatible with the existing surrounding land uses. The uses permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county. The property is not located within a three (3) mile radius of an incorporated town. It is not considered in the future growth of the City of Greeley, or other towns or municipalities in the area. Sewage disposal for the three proposed lots will be by septic system or a standard disposal system as required by the Weld County Health Department. Amended Lot "B" is an unimproved lot. Domestic water for the amended Subdivision Exemption Lot is supplied by the North Weld County water district. A letter from N.W.C.W.D., indicates North Weld County Water District will continue to serve domestic water to the property. • I Approximately 95% of amended Lot "B" is irrigated. The Subdivision Lot is not irrigated. The Larimer and Weld Irrigation system (Eaton Ditch) supplies the irrigation water. No irrigable land will be disturbed by this proposed amendment. The south boundary of the property is W.C.R. 78, the west boundary of the property being W.C.R. 45. Amended Lot "B" is accessed from both W.C.R.s 78 and 45. The property does not lie in a geologic hazard, the Weld County Airport Overlay District, or a flood plain. The subject property complies with the Overlay Districts outlined in the Weld County Comprehensive Plan dated November 21, 1996. Fire protection is provided by Fire Protection District F 1, Ault Fire District. The subject property is in the Weld County Reorganized School District RE-2, Eaton. Colorado. Public Service Company provides electrical service in the area. US West provides telephone Service. The property, is located approximately 6 miles northeast of Eaton, approximately 6 miles northwest of Galeton and approximately 12 miles northeast of Greeley, Colorado. Should you have any questions or require additional information please contact us at the address on the application. We honorably ask your sincere consideration of our request to amend the existing Recorded Exemption and ask that you approve the amendment. 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Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868 I. Applicant Name BOOTH LAND & LIVESTOCK CO. Phone(970) 353-7090 Address P f) Rnx 72 City I iirarne State CO Zip 80646 2. Address or location of access W.C.R. 45 and W.C.R, 78 Section SW 2'1 Township 7 North Range 66 West Subdivision Block Lot Weld County Road # 4 q a n h 78 Side of Road F R N Distance from nearest intersection Intersection & 700' & 2100'North 3. Is there an existing access to the property? Yes X X No #of accesses 3 4. Proposed Use: ❑ Permanent a Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other 5. Site Sketch ‘9, Legend for Access Description: ,�! AG= Agricultural t� ��7 RES = Residential 1 O&G= Oil&Gas • D.R. = Ditch Road . Accesses are r AG/RES I 7 *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation authorized O Information Insufficient Reviewed By: Title: 7 r y Olik I Report Date: 05/26/2000 08:52AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 7762 SCHEDULE NO: R6779196 ORDER NO: 8049784W ASSESSED TO: VENDOR NO: 12 BOOTH LAND &LIVESTOCK CO TRANSNATION TITLE P O BOX 72 1113 10TH AVE LUCERNE, CO 80646 GREELEY CO 80631 LEGAL DESCRIPTION: PT W2 23 7 65 AKA LOT B RE-1950 (1.2R 1.3D) SECT,TWN,RNG:23-07-65 PARCEL: 070923300018 PARCEL: 070923300018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 1999 TAX 335.09 0.00 0.00 335.09 TOTAL TAXES 335.09 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 05/26/2000 335.09 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 0201 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 177.41 Land 27749 8050 SCHOOL DIST RE2 45.878 369.31 Exempt 0 0 NCW WATER 1.000 8.05 Improve 0 0 AULT FIRE 4.745 38.20 --------- ----- AIMS JUNIOR COL 6.343 51.06 Total 27749 8050 WELD LIBRARY 3.249 26.15 83.253 670.18 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my d ea s 26 day of Ma 2000. TREASURER, WELD COUNTY,ARTHUR L.WILLIS II, BY •-• V P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 • REFERRAL LIST • NAME: Booth Land and Livestock Co. CASE NUMBER: AmRE-1950 REFERRALS SENT: January 24,2000 REFERRALS TO BE RECEIVED BY: February 15, 2000 COUNTY TOWNS and CITIES Attorney _Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office _X Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie East of 1-25(Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken _X_Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-2 _X Greeley Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER 2-16-00; 9:OOAM;ESD Eaton ;9704545193 # 2 • • Weld County Referral 1111 D January 24, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Booth Land and Livestock Case Number AmRE-1950 Co. Please Reply By February 15, 2000 Planner Sheri Lockman Project Amended Recorded Exemption Legal Part of the SW4 of Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 78; east of and adjacent to WCR 45 Parcel Number 0709 23 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests, ❑ See attached letter. Comments: Signature /ni�� S�w�c�1 flro� al l�'oo Agency E A-Toro SC N..0O '41-a Date Weld County Planning Dept. --1555 N. 17th Ave. Greeley,CO.80631 •'x(970)353-6100 ext.3540 +(970)304-6498 fax • . NEpito Weld County Referral . a,d Count Planning De y p January 24, 2000 COLORADO FEB 08 2000 The Weld County Department of Planning\SerwchYasceteTved the following item for review: Applicant Booth Land and Livestock Case Number AmRE-1950 • Co. Please Reply By February 15, 2000 Planner Sheri Lockman Project Amended Recorded Exemption Legal Part of the SW4 of Section 23. Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. • Location North of and adjacent to WCR 78: east of and adjacent to WCR 45 • Parcel Number 0709 23 300018 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. V 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. ,.1 See attached letter. Comments: Signature 4444.0 44 Z/ Agency LI3J4t b . CC3 Date •:•Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 :•(970)353-6100 ext.3540 :•(970)304-6498 fax • ,:ad County Planning Dep_ JAN 28 2000 R- ECEMPPCounty Referral O January 24, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Booth Land and Livestock Case Number AmRE-1950 Co. Please Reply By February 15, 2000 Planner Sheri Lockman • Project Amended Recorded Exemption Legal Part of the SW4 of Section 23, Township 7 North. Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 78; east of and adjacent to WCR 45 Parcel Number 0709 23 300018 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. ;I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature /k1X0 Agency TOWN OF EATON Date }} 223 fiat Street •:Weld County Planning Dept. Ea ni, A£Q.6r 1e(g4,7 . 80631 4(970)353-6100 ext.3540 4•(970)304-6498 fax • • RECEIVED JAN 2 6 2000 WELD COUNTY PUBLIC WORKS DEPT Weld County Referral I will e. January 24, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Booth Land and Livestock Case Number AmRE-1950 Co. Please Reply By February 15, 2000 Planner Sheri Lockman Project Amended Recorded Exemption Legal Part of the SW4 of Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 78; east of and adjacent to WCR 45 Parcel Number 0709 23 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature ��..., f J / �}-,_ (1 _ (9C- Agency {{{"' Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • • 1 MEMORANDUM TO: Sheri Lockman, Planner DATE: February 23, 2000 FROM: Donald Carroll. Engineering Administrator tr'1 C COLORADO SUBJECT: AmRE-1950: Booth Land and Livestock Company The Weld County Public Works Department has reviewed this proposal;the following comments and requirements are recommended to be a part of any approval: COMMENTS: WCR 78 is designated on the Weld County Transportation Plan Map as a local gravel road which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by 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 45 is designated on the Weld County Transportation Plan Map as a local gravel road which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by 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: Direct access from a public road shall be limited to one access per legal parcel for residential. no circle drives. This policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties which access Weld County roads are also subject to this policy. (Lot A) Utilize the existing agricultural. oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. AmRE-1950 plan20re Planning ei geld County L FAR 24 2000 RECEtVEn oad File# :6- 115.0 • u Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: ,.January 6, 200(1 933 North 11th Avenue,P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000,Ext. 3750 Fax: (970)352-2868 1. Applicant Name BOOTH LAND & LIVESTOCK CO, Phone(970) 353-7090 Address P Cl Rnx 72 City I urerne State CO Zip 80646 2. Address or location of access W.C .R. 45 and W.C.R , 78 Section SW0, 21 Township 7 North Range 6 ri West Subdivision Block Lot Weld County Road # 4, and 7P Side of Road E & N Distance from nearest intersection Intersection & 700' & 2100' North 3. Is there an existing access to the property? Yes X X No #of accesses 3 4. Proposed Use: 0 Permanent Residential/Agricultural CI Industrial ❑ Temporary ❑ Subdivision 0 Commercial 0 Other 5. Site Sketch Legend for Access Description: ',^^ ^^ I AG a Agricultural RES = Residential O&G Oil &Gas D.R. - Ditch Road Accesses are r AG/RES WCR 78 (� sss*ss***•••••*•***•*****••••*•••**•••****•••••*******••****•••*•*•********•**••*******•**•*••*•*••ewes••• OFFICE VSE ONLY: Road 4--5 ADT li Date I 607 Accidents Date Road 7g ADT if Date j q 7 Accidents / Date Drainage Requirement Culvert Size Length Special Conditions *********************•*******•**•*••******•*****•*******•******•••*►•***•**♦********•*•*•*••••••••****•*••• ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 � ry� .,xi i // I DETAIL 1 I 0 I o / I r _ 10' I Z AMENDED LOT /B" _I.,* \\............... 7.rommimMImmim.demigni C. I b S84:51' E — — 1-— I EC andKiri a ()itch 0 39.21' ='-- U I and - S. 1/4..Cor. 54504'SY W Sec. 23-7-65 i 133.71' N5220'08"W - I ' �\ 269.33' IX N - \ 15' Access and Irrigation r a.m.'d ` a (for tat 8) `\\ ` ill 0, CCC 4/6. :1,' \\ 1 N34'20'1 1-W I it,yhtr Q018 S28'44'22'W // \\\ 208.75' ti 249.69' �`} LOT B • �/ �\\\ 78.98 t Acres y,tigotyor, DttcA \\ (Grose) rya Rase .. \\.\ N49 43'25"W 54S'L6'59'W — 123.37 r- N63'46'04"W I 544'17'05'W NN 530.02' �—n.s1 ' 88.10' 52.41 \.. L Approximate ►cceaa 9 `1.7°' N78'42'26"W .74'03'45"W \�\./ of Bank of ti I �� 83.88' 78.00'lui 20' �j`�' t��`` \Lot 8) N i LOT A Niv S8723'32'E Boundary Line Adiuct^d 1 \ 10.78 ± Acres Q S8T29'2rE 195.35' (Mess.) N14'10'36' 1 \�Edelen Gravel Ra I (crow) 3 194.60' (Meal.) sarze IIYE Book Ill,Racep4lon No.1172(26 151.77' 1 1 Z SST2r11'E • 196.:.5 (Rae-) • \ 1M Cr.. I 164.26' (`") 501.04'27W N21'40'38"W \ � io A 250.75' (Meas.) 86.51' \ 15. 193 I38010 WC 45 Book$24.R.c.ptIon No.1641731 sor12'4V'W Creel/ ,,I fisting ACCeea 4 I 2sI.art (R.e.) N37 ^ NOO 2058'W I I S8S51'55'E 67.88' I �V. _ J Sa (h ar 326.84' ock. and Rec.) NOT '"• ''A ;T 39.81' (Moos.) 22495 WCR 78 for tat BB) 11 199f aot_es• I 40-� ( ) I NO1'0 .01' W _ ` — -` — _ _ — I ,. 249,01' 30.t 4. 1 63. SaT18'41'W 2 --- --- 93.53' (Neal and Rec.) 1 N34'04'4rE I I Existing Access — — — — — L 79.24' 1111'36'45 E SM. Cor. 2875.13' _ _ _ 79.66' Sec. 23-7-65 W S84'51'48'B - - -- - _ Fcvd W.C.R. - - ~ - - 3/4' R.bar (30' long) wit1, N0. 78 App.," Gtr County — - . 2—t 1 AVrn r, p marts.* Rood Right a 'Way 39.21' -- — 23; mutual Existing Access 535 171+ Mel004Ep� HCTES: --S. 1/4 Cor. S 22 S 23 Sec. 23-7-65 3 27 '5 26 1. Bala of Bearing= The South 14+. d the Soarthe,.t Quarter of Section eneoto 7 North. Rand* 63 Weet se roomenented by We survey sa V( _ 1. aan23, oan.dd to bow 6631'40' Eaat 2 1/T Al..". Cap (NY long 1995 ~foe LS 12374 N 2. 0 .4 Set I/2' r bor Of long) and y'ior pta.tle cep — L.5 12.374. 1714 Ram t151f ..* oth.rrl.a note 1/4-!--L3 Pa S 25 2. 0- Faund 1/2' r.b& and peistic c. - PE-Pl3 4492 loll LS 12.374 InI rn ry" zx DO I i // I DETAIL 1 O I 'u /• / I 1' -- la 1 Z I� AMENDED LOT ,'�Fi " ExertiExertiExerting. Irr atloe Ditchs84'51.48•E — — 1------ _. I Uand Fl.41 Rood __ O 39.21' • — 1 I 5. 1/4 Con S4Z04'52 W Sec. 23-7-65 I ' 133.71' NST20'08"W N. \ 269.33.\ ' X I .! I� I .. \ 15' ALCM and 1rrlgat1on bloomer.* '� (for tot B) \`\ce III 4.) �. 7. \ � N34'20'1 i"W I . h. S28'44'22"W // \\ 208.75' 1 a 249.69' ti4 LOT B ,' \\\\ 78.98 1 Area Ed.t! 1.5,..,11.,.• Utah . \\\\and.4.s26'59-Yo - (��) f Raga \\\\\ rY N4543'25' 123.37• b r163•46'04"W S44'17'05-W N\\ 530.02' ►3.37'LCM I —ro•ew n 88.10' 52.41' \\\ 1 approximate 43.78 - N78.42'26"W 574'03'45-W `�\ of Bank of ��) 83.88' 78.00' !�^�**� \ Ia 2o- A`(`tor Lot \�� 1 I LOT A N iN s87.23'3rE Boundary line Adiust.^fi ,1I \ 10.78 ± Acraa o 58T29.27•E 195.35' (Meas.) -N14.1onr 1 • \/ V � tt��.w -f— Exiv5ry cxar.t I (Crow) 0 194.60' (11•aa.) Sar2e•(p, Book tit,R.clptbn No.ii7262t 151.77' l .• ' saT261t"E ±�q' �• \� Com I t 42 (R«) sot 042TW N21'40'38'W • ix `\` is 11 I 38010 WGR 45 Book 624•Fitt No.164iji6 250.75''12-49'W ') 86.51' •� -� en ,ling Access I I I 251.6+• (R.e.) A132-24'44"W ' ��/ —• oa I 58551'55'E 67.88' i I Qy bcui.i N00'20'58'W 2t] Access Ena.en.rd I-- - —J 3o.oe• 326.84' (Maas. and Rec.) MO! A ;'AP,T 39.91' (ueas.) 22 495 14CR 78 ta.tat B) 13 tt j ,• 441.07?26(R.`) I N o l 00 42 w —' �+acs249.01' _— 4 3o�i4 t �� S071841 an N34'04'4TE ExlstJng Access 41214; 93.53' (Ness- and Rec.) _ 79.24' N 11'36'45'E SM. Cu.. -" 1 2675.13' 79.66' Sec. 23--7-65 W 584'51'48'E — — -- - - ` — —_ _ round N0• 78 - 2-1/2" Aiu". Cp InGii/Iik hood ►a9+'1 °f lYoy 3931' 2 srn.Rua1 Existing Access 52 17N R6SM CUrEPAL NOTES: S. 1/4 Car. s 2J Sec. 23-7-65 s 22 I5 26 1. 94.21. of li.or4+gs 1H. Sotrttr Jr.. d N+ t}s So. ..st t�rort.r d S.ctIon S 27 23. Township 7 Hord. Range 66 Ilse s. rnorxnwnt+d by 1Na wavy 1696 s£T �Lr Rev (3(T la b aserned w b+or$.4.4r af5tAtom.Farm 2-1% At cop mark LS 12574 2. o - Se 1/2. robot(►r lang) and y low pla.tic cop — U 12774. T714 6 W (Wee* othr.ta. not.d) 323 H 14326 2. O — fwd 1/1 colter and pio.tfe cap — PE—PlS 43n2 Me IS 17 it .r, ;- � _ . • 0 / • :4 1 • • '' F )).: i• 1 :i • ...)11.l_• "..••"'•14:i; " - ''",,,_;7'', . •'', •I il , si • • i'•/. e.1....- A ' .),r,I.,_ atNill -tAirIt . t • ' ,, i .. '14 ' ' •,„• , •,. %C.%;Sat. " • 1: '.. ' li;-'..' , . ' . '-..:- 1). ; . .1.44, gj.....,! 1" .Y'-'-;•• „IFth# "II!°DP. 41, ,4,, • . // It .1. / -. :,•• 4. gir �� .. r: I:'.. /.. Recorded Exemptit � ;� :....\\:i. • No. 0709-23-3-RE1950 tt : . * ' Lot "A" lot "B" 1 k N ` * . W.C . R . 78 �` •‘...\\III:It\.. •• , : N h . , 1. +, 1 ` s I 1 I ' ' '� I \ ►I II ,Ii i ( 0.i I( ` it II rjD II II 11 I,, a I II 11 ` I I II �� i "1 t :tom- z II • ll II "-'' II , 1 : /' I II II • f i II _ - - _- — II =:i .v 4854 — -- --- 11 o u a �� It 1 it II II �)�} f I II iii , j c -` II II -- II II . ._ _ . _. _ , rinumaN' , ' . 23 c II . II 0 1 II` ,., , ii �-. -- -- I 1. . I /00 ,, .. .. . \ \,, . / (S‘ • , , I ' I. ,� LOT B =; , RE195o = j _ )) - i• t \--77±-1—' 1 .,.\ r il \� 487 I \1 WC R- 78 488' ' �:•.� ;i : s) k' i ( . ') \\; • 1 , 0 , � `' "sake i . ) ii., - �' ` ` 1 i \ \•. •. O . 11 il \ \CIA' ) • 2 1 * ) 1 - \ • 490 I '' �� \ 4867, -,,,, . f.:.. • Order No. 8513221 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No.0709-23-3-RE1950,recorded November 26, 1996 in Book 1578 as Reception No.2522217,being a part of Section 23,Township 7 North,Range 65 West of the 6th P.M.,County of Weld,State of Colorado. CONVEYANCES(If none appear,so state): Reception No. Book 1637 Page 84 Book Reception No. 1605283 Book 683 Reception No. 1791673 Book 870 Reception No. 1845779 Book 924 Reception No. 2004349 Book 1064 Reception No. 2521483 Book 1578 Reception No. 2539243 Book 1597 Reception No. Book Reception No. Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its proper officer this 29th day of November 1999,at 7:00 am. TRANSNATION 1'1'1'LE INSURANCE COMPANY to By: �.1�0{. Authorized Signature r1 V 1:.-.1! q ` Recorded JAN _ _ at '. o'clock Las, IN V I O•)( :tat I-, t Reception No. 1''')•)'1 r s , Recorder. tliifs Pa, made this 25th wed January In the year of oar Lord one thousand nine'hundred and sixty.. three ,between Dorothy K. Cimiyotti of the County of Weld , and State of Colorado, of the first part, and Anthony P. Aranci of the County of Larimer , and State of Colorado, of the eceond part: WITNESSETII, That the said part y of the first part, for and in consideration of the SUM of DOLLARS, to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof le hereby confessed and acknowledged,ha S granted,bargained, sold and conveyed, and by these prenents do CS grant, bargain, sell, convey and confirm unto the said pert y of the second part, hiS heir. and assign., forever,all the following deacribed lot or parcel o1 land, situate, lying nod being in the County of Weld and State of Colorado,to-wit: The East half (E`Z) of Section 23; the South half (S ) of the Southwest quarter (SWk) and the South half (S3z) of the Southeast quarter (SEt) of Section 24; all in Township 7 North, Range 65 West "of the 6th P.M; Except right of way conveyed to the Owl Creek Supply and Irrigation Company by deed recorded in Book 270, Page 238, Weld County Records; except tract of land conveyed by deed recorded in Book 1025, Page 19 and Book 1025, Page 256, Weld County Records; and except one half interest in oil, gas and other minerals in and under the SZ of the SW; and the S-75 of the SE'k of Section 24, Township 7 North, Range 65 West of the 6th P.M. as 17..',.....: reserved in deed recorded ac Book 1295, Page 461, Weld County dS; �tZec:urus, and except ail oil, gas and other minerals under the East Half (E;) !I r /�t�cll(if.-;; of said Sect ion 23. F'` L.J I Ewa.. ,.sasc� j��J\ k e 6/f0.1t1 L;II' d sai• 1 � tI i,b. �Q. A TOGETHER with at, and stngntar the neredltamenta and appurtenances thereunto belonging,or in any- .vise appertaining, and the reversion and reversions, remainder and remainders,rents.issues and profits thereof;and all the estate, right, title, interest,claim and demand whatsoever of the said part y eI the first part either in law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premiers abort bargained and described, with sppuer.nan<er, unto the said part y of the second part, his heirs and resigns forever-. And the said part y of the first -„,,,,,I part for her heirs, executors and administrators,do es covenant, grant,bargain and agree -; to and with the said part y of the second part, his heirs and assigns, that at the time of the en- :I1 :-.1 sealing and delivery of these presents She is well seized of the premises above conveyed.as of good,sure,per- .:'\ feet,absolute and indefeasible estate of inheritance, in law. In fee simple,and ha good right,full power and lawful iII:� authority to rant,bargain, sell and convey the tame In manner and form aforesaid, and that the same are free �: \ and clear from all former and other grants, bargains, sales,liens,taxes,assessments and incumbrances of whatever ; ` kind or nature sower: Except 1962 taxes payable in 1963, which grantee �+ f assumes ;Ind agrees to pay r�i . k• �3 and the above premises, in the quiet and peaceable pose eeeion of the said party of the second part, his t_. a vi -- `▪., .i heirs and ensigns, against all and every person or persons lawfully claiming or to claim the whole or any part s V r: thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. I i I IN' WITNESS WHEREOF, The said part y of the first part haS hereunto set her hand and - 6 n seal the day and year first above written. .- s _.�C. t Sign-d,Sealed and Delivered in the Presence of �. '6....a....__. .. -_ . :L/. _... .. .....__($EAL) p Doroth K. Cimiyott z.. ••:; - -----__ �_,.. _._—(SEAL) .. 4 ' _t— I ' 4Y-4-__.`- ' , $T.l+,TVg.,01F,COLORAD°,}ss- The foregoing instrument was acknowledged before me this__.A1._.._day of Coobty of Weld. C) _January__ ^ 1s63, by D rothy_ ,_Cimiyotti__- Witness My Hand and Official Seal • +�(� t _ My Commission Expires S"!'��.1 i�}' ' 3 _ —� '"'`/. l-iw. _� "-n "4I.- 4,V..:cr.., Mjrj{�='s y Notary tPublie. WARRANTY DEEDgl# ! ,Itar /tty rte' � `F�I_ r ' , 0ti .✓. re.n • R l , - T i r-: -t aw. :*.:r.i4-. : Fi' .. r--7 — JAPJ 12 1973 °� n �.� ,,f t:Y�i 683 Rocorded.__...__._...___.. __ of _ o'clock J'_ 1I. 6052 �. Reception No. . . . ........................._..`�NR7 Spn'/. ....._., Recorder. 1 01.15 pPCL, :Made this Fifth day of January in the Q. t C.. r•+ f year of our Lord one thousand nine hundred and seventy—three between ` r JESSIE JANE ARANCI of the • County of Weld and State of Colorado, of the •,Y-1 b first part, and RONALD L. PAPPEN lEIM and BETTY J. PAPPENIfEIM lfl •C) of the County of Weld and State of Colorado, of the • r,r second part: '" W1TNESSETH: That the said Party of the first ptrt,for and in consideration of the suns of r.r OTHER GOOD AND VALUABLE CONSIDERATION and TEN AND NO/100 *************Do LLAR5, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is r� hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in common hut in joint tenancy, the survivor of them, their assigns and the heirs and assign,of such survivor forever,all the fol• q. lowing described lot or parcel of land, situate, lying and being in the v County of Weld and State of Colorado, to-wit: r All of Section 23 and the S'4SWIt and the S!¢F.'f of Section 24, Township 7 North, of Range 65 West of the 6th P.M., EXCEPT the following described tracts of —' land: (1) A tract of land conveyed by deed recorded in Book 651 under Reception No. 1572526 of the Weld County Records. (2) A tract of land and perpetual easement described in Land Contract be- / G/ tween Anthony Aranci and Darrell Lee French and Katherina Grace French re- corded in Book 624 under Reception No. 1546369 of the Weld County Records. •I (3) A tract of land described in Agreement to Purchase Real Estate between Anthony Aranci and Robert S. Schneider and Ronald 0. Kindvall recorded in Book 621 under Reception No. 1543153, Weld County Records and in the assignment of — said Agreement from Robert S. Schneider and Ronald 0. Kindvall to Ronald 0. Kindvall and Patricia J. Kindvall recorded in Book 632 under Reception lo. 1553835 of the Weld County Records. Together with six shares of the capital stock of the Latimer and Weld Irriga— tion Company and eleven shares of the capital stock of the Owl Creek Supply and Irrigation Company: together with any a nd all well rights, water rights, irrigation rights and ditch and carrying rights associated with subject parcel described herein. In addition to the real property described herein, the following equipment and personal property is included: : One (1) thirteen tower Valley Sprinkler, all pumps, motors, approximately 3000 feet of carrier and gated irrigation pipe, and all other equipment used in the irrigation process except irrigation tubes. • 683 ..I.6U ,,.,.3 ,, , TOGETHER with all and singular the heredjtaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and ' all the estate, right, titre, interest, claim and demand whatsoever of the said party of the first part,either to law or equity, of, in and to the above bargained premises, the Itereditam.•nts and appurtenances. • TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns. and the heirs and assigns of such survivor for- ever. A.,d the said part y of the first part, for herself,her heirs. executors, and administrators. does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor,that at the time of the ensealing and delivering of these presents. she is well seized of the premises above conveyed, as of good. sure, perfect, absolute and indefeasible estate of inheritance. in law, in fee simple,and has good right. full power and lawful authority to grant, bargain, ,cfl and convey,the same ,r manner and form aforesaid,and that the saute are free and clear from ail former and other grants, bargains. sales. liens, taxes, assessments and incurnbrances of whatever kind or nature soever: Subject to 1973 taxes and assessments, if any, due and payable in 1974 and subject to oil, gas and mineral leases of record, if any; EXCEPT reservations, restrictions, easements, rights of way, rights of ingress and egress, conditions, agreements, resolutions and regulations of record, if any; also EXCEPT pre • - viously reserved oil, gas and mineral rights of record, if any, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them• their assigns and the heirs and assigns of such survivor,against all and every person or parsons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT ANI) FOREVER DEFEND. • IN WITNESS %VHFREW.. the said part V of llc first'part ha S hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence ofi (SEAL) •JeSSre are'Aianc3'------_ :. _. —. STATE OF COL-ORAI)O.l i ss. The foregoing instrument was acknowledged buore me this._ day of County of Weld. -... l9 .by -Si '1%1 Witness My Hand and Official Sol —J;.,,.,..' o ''��C., ,c Cori�ussion ex�.._s :. P U O'v a My Commission Expires _..... if,— - . •t` cv __ - L._..l —• � Notary Public. �, • WARRANTY DEED—To Joint Tenants •".--C—"*" ,T.- • - —,1 p •—• s y. - _ • , • j.ZMr�Y 2. X ..._...� 1 o BOOK Recorded at... w.. .._r 1„e'eloek...�. _. _. __ •' �yp t f• ' N 8 e 0 Reception No._...,3,79:t 4,7�;_..... r�^a^ ""_._ ... ._._.. order. t. / • Weld County Culorod y[. �ttr o - DVS DEED, Made this 23rd day of clay 1078 ''" f I I C+ between Ronald L. Pappenhebim and B ttV J. Pappenheim Husband and wr. a:. py of the Coonty of Weld and state of .` f'-' Colorado,of the first part,and � r-f Double R Farms, Inc., a Colorado Corporation •,1; C. _. Ct: e„i of the County of Weld and state of `..' Colorado,of the second part, n WITNESSETIi,That the said part ies of the first part,for and in consideration of the sum of II :tea Other Good and Valuable Ccneiri„r't•inn and Ten and no/106 DOLLARS. ^a"a rs to the said part ies of the first part in hand paid by the said part y of the second part,the receipt whereof 4,. to tfl is hereby confessed and acknowledged, gMi, ha ve remised. released. sold, conveyed and QUIT CLAIMED, and by - C these presents,do-- remise, release,sell,convey and QUIT CLAIM unto the said part y of the second part, p its helm,successors and haaigns,forever,all the right, title, Interest, claim and demand which the said part ies of the firstpart ha ye In and to the following described lot or• parcel of land situate, lying and '4. being in the County of Weld and State of Colorado,to wit: All of Section 23, Township 7 North, of Range 65 West of the 6th P.M.,EXCEPT the 7 following described tracts of land: (1) A tract of land convoyed by deed rocorde y. N in Book 651 under Reception No. 1572526 of the Weld County Records. (2) A tract t 6 of land and perpetual easement described in Land Contract between Anthony Aranci d m Darrell Lee French and Katherina Grace French recorded in Book 624 under Receptio No. 1546369 of the Weld Courtly Records. Together with 10 acre feet of Northern - Colorado Water Conservancy District water, 5 shares of the capital stock of the '' ' Windsor Reservoir Company, 10 shares of the capital stock of-the Larimer and Wel 4i Irrigation Company, 4 shares of the capital stock of the Larimer and Weld Reserve' • Company (Terry Lake), 15 shares of the capital stock of the Owl Creek Supply and h Irrigatior Company, any and all well rights, water rights, irrigation rights and -sr ditch and carrying rights associated with the above described parcel. The follow ins equipment and personal property is included: all sprinkler, pumps, motors, y r, ] irrigation pipe, and all other equipment used in the irrigation of said parcel. } '' D iil i A ,...,. ,,, ....... ,,,, ,I .... ... ' I TO HAVE AND TO ILOLD the same,together with all and ainlRllar the appurtenances and privileges thereunto ,, �` . eN belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the t. V.,4 said part ies of the first part either in law or equity,to the only proper use,benefit and behoof of the said I ;1 part y of the second part. its heirs and assigns forever, . tcofA IN WITNESS WHEREOF,The said part ies of the first part ha ve hereunto set Lhei r hand s and seals the day and year first above written. ^'M ." 1 I •-; rPeheVilli.a.1.. "7� fiEAL] Ronalld L. Pa en kir' Husband ' ' Signed,Sealed and Delivered in the presence of / _ - ,µ:.,. ._ Betty J./Pa nhcim, W �... ... [SEAL) IS-. 7::. [SEAL] i;.��, �STATE OF COLORADO, it7.'-, County of Weld °e ' Tfoli ifg.instrument was acknowledged before me this --•r I.4._ day of �' III,78,by.••., l'llonald L. Pappenheim and Betty J. Pappenheim, Husband and Wife �' M bt tt 1abloll a.4pIres i' ••,....t : :t,19g C.Witness my hand and official seal. f' 'h-S-(- ' : • t ... PU S OCj `a , O Fces e n�c, f ' Notary Yonne. II • •It by natural person or persons heir Insert name or names:it by pompon acting In representative or official capacity or as �;'• attnrneytn-fact.then Insert name of parson as executor.atternsyWfaet of other capacity or description;If by officer of eor• Walton,then insert name of such officer or officer*•as the President or other officers of such corporation,naming It—Stoic tors ,,Ache,',dpneaf.See.110-1.1 Colorado Revised Statutes leak No.921,QUIT CLAM titiu. arat!N Psathafna Co,i,14.44 Steal 5Geat.Ii.erer,Coienrfo i 5'1.5')11 I—1•Te ' Mr .x . y ,�.-. , ., • .. hF ,. .rte` ... in --,, - 13OpK e ,924 1845'7'79 , . f Reception No ,,, ...._....---- r� 1[n�O 1 Recorder. llll'� i_:, - �_. Recorded at /= o'clock... ht JAN A„1x0.1 >,1✓-eld••Couftty, Colorado UU G` 5t;,�'t a-I 30th December Recorder's Shaun: ' w ors THIS DEED, Msule this day of , H-•' 1p60 ,between DOUBLE R FARMS, INC. Cr" -t a corporation duly Organised and existing under and by virtue of the laws - - State Documentary Fee � + of the State of Colorado of the first part,and + •ranteJAN 2 1981 [c..Tor. iz El ° McKAY FARMS, A General Partnership 0 — s 9 7, 00 ,r� qo� of the County of Weld and State of IIs;� 1 II KiAl N� whose address is: 24437 Weld County Rd. 76, Eaton, Colorado 80615 ,}I� WITNESSETH.That the said party of the first part,for end in consideration of the sum of OTHER GOOD piSI 0 AND VALUABLE CONSIDERATION AND TEN AND NO/100 DOLLARS, 0 =. $3 -O to the Bald party of the first part to hand paid by the said part ies of the second part,the receipt whereof is here- t— ® tO by confessed and acknowledged,bath granted,bargained,sold and conveyed.,and by these presents cloth grant,bar- p m--- ^+ , gain,tell.convey and confirm unto the said parties of the second part, their heirs,and assigns for- .-t 0 ever,all of the following described lot or parcel of land,situate,lying and being In the 0El O County of Meld Rnd State of Qale-sdo,to wit: r' , '-t As described in Exhibit "A" attached hereto and by reference made a part hereof. _� .--t r, CJ J e",.? Together with, but not by way of limitation, 5 shares of the capital stock of El ! Windsor Reservoir and Canal Company water stock, 4 shares of Terry Lake water t r1, .77 stock, 10 shares of Larimer and Weld Irrigation, Company water stock, 15 shares mi of Owl Creek Reservoir water stock and 10 unity of Northern Colorado water -' Iti7Att[= C,4 Conservancy District irrigation water. a IN tr:t1w.I �a �:. also known as street and number 38010 Weld County Rd. 45, Eaton, Colorado 9s e TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in anywise 3'•/, appertaining, and the revers:on or reversions, remainders, rents, issues and profits thereof; and all the estate, i CO`e„, ° right, title, Interest, claim and demand whatsoever of the said party of the first part,either In law or equity,of,In !` `and to the above bargained premises with the herodltameeta and appurtenances, H6irl TO DAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the {%6. *54 said part ies of the'second part their heirs and assigns forever.And the maid !Li Double R Farms, Inc., party of the first part,for itself, FA and its euccessora,doth covenant,grant,bargain,and agree to and with the said part ies of the second part, EE Itheir heirs and assigns, that at the time of the annealing and delivery of these presents it is well ;. I seized of the premises above conveyed,as of a good,Bare,perfect,absolute and indefeasible.estate of inheritance,in ...,4.,...„ law,in fee simple,and bath good right,full power and lawful authority to grant, bargain, sell and convey the same t� � v,,,. N In manner and form aforesaid, and that the came are free and clear from all former and other grants,bargains. � ?7= sales.liens,taxes,assessments and Incumbrences of whatever kind or nature soarer; EXCE rcrued, - huts not yet due and payable; SUBJECT TO conditions, covenants,/Basements, excep -, 6, t}7. ,, tions, reservations, restrictions and rights of way of record, existing roads and a.. public highways, established easements and oil, gas and mineral reservations and M rig conveyances or record, also burcierty of fire protection district, coil conserve— E • tion district and other improvement districts, if any; and SUBJECT TO existing pyg+y Deed of Trust in favor of The Travelers Insurance Company with a current prince— PASZia Di pal balance of $507,675.00 which Grantees herein assume and agree to pay, kafrsi4 nr'l the Above bargained premier in the quiet and peaceable possession of the said part ies of the second part 'Yk a. .•r ' c•1i 111th heirs and assigns,against all and every person or persons lawful) clnimin or to claim the whole +�'+�� Qr any art thef'oof,the.said party of the first part shall ar.d will WARRANT AND FOREVER DEFEND, s=r' IN''1 E.4S-,WIIEREOF,The said tol:•+...�[`._ .• parry of the first part lath caused its corporate name to be hereunto ty)r? - .gbscri�l bnitsrt= President,and its corporate seal to be hereunto affixed,attested by its Rii '`!_' ^-.'aGrtta m,the,d a sd•y'•ar first above u';ittrn. _ri.- : et:' ..,.�,rt < „ ado Corpor :ion .�;, �� 1, DOUBLE R FARMS, I A Color • Pe t J ppen m / F..rrelarr. ....� �': Ry Ronald L. Pap heim rr..ta• t ee, are:- STATE OF COLORADO, - _ __ Weld s"� ��`. 9 ThaftltDf ding,Jnstrument was acknowledged before me this 30th day of December tt r. 14 Count. of.. `e, et 1p 4.4 .Bbo,.bt R S'1 .Ronald L. Papponhoim as President sad r.•' - �r etty J. Pappenheim a Secretary of r•N •.�Ot1BLE R FARMS, INC. a corporation. 9 $K� :tn N 0I Apt y : .c z .iy notarial commission expires a26-1,..i.e..,_,t..,_ .25—, /99/ ill i : PUBLIC R t y bond and official seal, �!'n treee 1 6 ,./,// ` 1%otery reel. :T•". /f OF �c No.ION. WARRAN'TT Daum—Ceryer.eee.p-s,lfnr,t NILINt!,ine Co.,15^1.te Stout Street,Denver,Colorado e ^ -i . _... , ......._ te- . _ K el.: `!r w... .. ie,s7„ ,y, ;T,..1t�:t j ,t . ' ‘.: 5 2r ;.1'..2..,•77.117.,7.. .. . a°°924 . , , , , is45'7'79 ._ _. EXHIBIT "A" a-a . _ .. c.:., All of Section 23, in Township 7 North, of Range 65 West of the 6th P.M., Weld . ,; County, Colorado. .N EXCEPTING THEREFROM a tract of land as conveyed to The Owl Creek Supply and Irrigation ,_,_.:11 Company by Quit Claim Deed recorded April 18, 1938 in Book 1025 at Page 19, and as •.::Y ISI corrected by Quit Claim Deed recorded April 27, 1938 in Book 1025 at Page 256. w+:.•iN EXCEPTING THEREFROMa tract of land as contained in Land Contract between Anthony atfal [,raw Aranci, as Seller, and Darrell Lee French and Katherina Grace French, as Purchasers, recorded April 29, 1970 in Book 624 as Reception No. 1546369, described as follows: A tract of land located in the SW% of Section 23, Township 7 North, Range 65 West oft the 6th P.M., and being more particularly described as follows: Commencing at the Southwest corner of said Section 23, and considering the ,V..M1 South line of the SIJ1� of said Section 23 to bear North 90°00'00" East and witht' �„a,�.::A all other bearings contained herein being relative thereto: " thence North 90°00'00" East, along the South line of the SW% of said Section 23, 1,001.85 feet to the TRUE POINT OF BEGINNING; ��:. ,r thence North 05°29'10" West, 326.84 feet;Ll ^'+s kg thence North 87°25`29" East, 194.29 feet; tar:�.,� thence South 04°13'02" East, 334.98 feet to a point on the South line of the mil SWk of said Section 23; iowqm Fi thence South 90°00'00" West, along the South line of the SW% of said Section DEMI a 23, 187.47 feet, to the TRUE POINT OF BEGINNING. 11 ALSO EXCEPTING THEREFROM a tract of land as conveyed to Darrell French and Kathy French by Warranty Deed recorded July 30, 1971 in Book 651 as Reception No. 1572526, R R described as follows: _ A tract of land located in the SWw of Section 23, Township 7 North, Range 65 West of r>.:Fba ll �rY Af the 6th F.M., and being more particularly described as follows: �ar7 i scum.: Commencing at the Southwest corner of said Section 23, and considering the South .4. il line of the SW% of said Section 23 to bear North 90°00'00" East and with all other MI ii bearings contained herein being relative thereto; I Thence North 90°00'00" East, along the South line of the SW% of said Section 23, ' El 1189.32 feet to the TRUE POINT OF BEGINNING;0 Wyk ' Thence North 04°13'02" West, 334.98 feet; �• Thence North 87°25'29" East, 195.85 feet; ' Thence South 03°55'23" East, 251.80 feet; '-} I Thence North 87°25'29" East, 40.00 feet; ti4a� Thence South 02°1O'29" West, 93.55 feet to a point on the South line of the SW% of 3s=ronri� bq said Section 23; ql P Thence South 90°00'00" West, along the South line of the SW% of said Section 23, '°'`5 �k� ,� 224.66 feet to the TRL'F. POINT OF BEGINNING. qw'''' FT,Y' k_ i ;411.Z. 11 ss wC.l nx r 14 al'er i -- 164 REC 02004349 04/02/85 16:32 .00 1/004 ., H AR20D4349 __ F 0122 MARY ANN FEUERSTEIN CLERK & RECO- e R WELD CO, CO • c `WarrargY4-Deed- THIS DEED is a conveyance of the real property des:ribed below.including any Improvements and other appurtenances(the • , "properly")how the rridwidual(sl,col purelionls).partnelship(s(.Or other rnldy(Ies)named below es GRANTOR to the Individuals( or enatylies)named betnw as GRANTEE. . The Ce GRANTOR hereby sells end conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. ' ..' except toil(t1 the hen o1 the prenatal nroporry taxes for iris year 01 Ma deed.which the GRANTEE will pay(2)any easements and rights.0l-way shown 01 record(3)any palenl resereal,Ons and exceptions I4)any outstanding mineral Interests shown of record(5) • any protective covenants and restrictions shown of recc rd.and(St any additional matters shown below under"Additional Warranty -.';y Exceptions". The Specific Terms of This Deed Are: Grantor. (Give names)and pinceU)of resting,elm of iM owrw-11rantp N Ipin)y I N tp eayl aomasyad� h • grantors es husband and wad 1 RCA", � . 8 gP.nCIal par Cil@re� t1•I11118ID L`ai� C1C163� aka W.E. McKay, Helen D. McKay, William Morris McKay aka William M. McKay aka W.M. McKa , Il and Sharon Kay McKay'aka Sharon K. McKay, Partners) - 22110 Weld County Road 76 . Eaton, Colorado 80615 . • Grantee; 'Owe namelil and addlessl.sh statamant of address.inclodbq available rota or street number.b required.) ' METROPOLITAN LIFE INSURANCE COMPANY, a New York corporati n 2550 North Diera Avenue • P.O. Box 159 I.Grand Island, Nebraska 68802 ! Form ol Co.-Ownership: Ill there are two Or more giant..named.they will be considered to take ae tenants in Common unless Iha wards in 1 '• ,oral tenancy"or words of the tams meaning are added In the space below.) • • Property Description: (mooch county and 51.1.1 - j r SEE EXHIBIT "A" ATTACHED HERETO • ,s i . i• • tz, ay Property Address: • Consideration: TTS.51ab,nenr 0iadelIO 4.0100.111100110.40 Ad gWleconeWerNlOn Ip MM deed wia pe presumed wrens mu conveyance is I IAanlilnM n\A 0'11 In any 0550 000 Conveys.No M absoliill Mel and Yncdrldltlenal.) • Reservations-Restric(lona: ill IN,OnANTOi int..Mein remove any'newest init.,property or to convey Mae ihenheowna.onnna GRANTOR ' n ra5uyhng IN.GRANTEE a 1,gM,n Ins prop.rty.m5:..app.ope.e ind•Cal.O11 I a • . 1 • • • n Additional Warranty Exceptions: ',no...I..l.4,0r i,usl air I D '••0•+•✓^•d an3 oth..ma.l0.+not co.e,N.tiara) ' , o The Grantor does 'not warrant against: Financing Statement recorded in Book 900 as .• , • m' Reception No. 1822136; Deeds of Trust and Financing Statements in favor of Grantee• • oil and pea 1 f record; lien of 1984 taxes; restrictions' evidenced by recorded • ,...i• 1 I 3 maps and statements for reservoir's and ditches and by recorded agreements pertaining S to surface and seep water; easements established by prescription. i E•00 And try IN.a,lnlnr tan -_--March_29—_— 'a _85 . Siglialur.C100000 for Caporalen.Pwinen)Yp or Assocl.tboy Slena4u Clans Cla for IndMlduage): •- . McKay Farms, a general partnership N5m,rvl Gr.nle, Coin r, n IbnO.rsn•p W An,X.aha �/JJM _----^--_------- GMnlm nn . I. RyA/,� 1�.,1/y/(� ,iiiu„rWiJ�m Earl McKay apt W(F:. McKay Sh won K. MCKay �ekn S swan �. - ,• J e-./ ,O.:.t))1I(/a��• 2//h.....:///.--.ti /1/ ` y • ..,...01.".� . ,Ifetin D. McKay 11:, . .�� Will fain Morris McKay aKa�71.1111a a.. ., :�� """^ 1J5 S M McKay,aka W M McKay 3;� z A h ' 0 . u0%,_/.. .vJ ii.in, t<./)/01'7y r rbreir•AcuonAno I • p a.*te�lj`Ir cf�}Q WELD I u I. • ,.% V Dr16/D 'Col.pshpm.nt 0S5•r.,.,,.r.,lg.t ler.n.rn.N•0 29th d. p1 March Iq 85 n•, ' pi Earl McKay aka W.E. McKay. Helen D. McKay, William Morrill McKay aka Willia ;;Ire. ••. •..•i ,q csKny and Sharon Kay McKay aka Sharon K. McKay, as Partners C McKay Farms. o•0tY�1 y hon..netnlli,nl...i , 1,,.L,, iiwy)'pP�lulen.5nir.., alt: '1 �i, ")i�' __�V[�(l�'� a!» . I. VM • STATE OF ) COUNTY OF I •ea TM ldaeuoeig wsirurn.ni w...C.n noN•1gw1 Ue0•.1,40 inn day 01 .IC .,'i • ay• 'T I•n..,ae,ndwrdnal Granmr l.I of a Of Anton M Cape.Aran,PP1m r.Np a.AsN)CMlbn then manOty epre.s a.an.dent or•Vice pneidenl and,.Cr.lary w ' • • .autism 5051051„u(wglululun.or.5 parirer5l W te,i erviiu to a5 aulno.Nad member's)01 assmumon I I WItNESS my nand 0.41 011501.5 seal My Comml..len arpUA+: -- Notary 1111041.C ' .5,. • • . 1901 UPDATE LEGAL CORMS RECoaD[A S AtIMO1ll.NOUM NO.201 II ' PG ",r• Ie'5-l'.,mr,•r Cuiur,du 80612 (7-1." .. ..1) Al Till 114.1 'JF errOPCA HON. THIS IN- (3031356.6230 / .i0tiltilr 55.••• ICIlN:) 10 ht INADI0UAT! , 1411 1.1: I.:-I ...•I.•..''I',,i.: n_,.:•O ICTION 9tCAU.4 OF Rlt(MO I I T1•CA'. N:.'1 PNOTC r � yr C•l• �.'t I (• { - • • I� ° • - �: ,} .I ,. •. e r I1. I • ••' t I / EXHIRIT "A" ATTACHED TO WARRANTY DEED DATED MARCH 29, 1985 L -f y / ipetween McKay Farms, a general partnership, as "GRANTOR" and Metropolitan Life • ' i =. Insurance Company, a New York corporation, as "GRANTEE") ,i• THE FOLLOWING FIVE PARCELS ARE ALL LOCATED IN WELD COUNTY, COLORADO: !' PARCEL ONE: .:°1 -' ___ . All that part of Section 35, Township ' I• 7 North, Range 65 West of 'the 6th P.11.., described as follows: BEGINNING at the Northwest corner of said Section; '. thence in a Southerly direction along the West section line of } said Section, 2497 feet to the center of dividing ditch; ' =«. thence along said dividing ditch on the following courses; •'r S79°5'E E 50 feet; iS. thence S73°55'E 1078 feet; thence S89°55'E 640 feet; thence 552°50'E 829 feet; thence S40°39'E 359 feet; I, thence S42°35'E 380 feet: tehnce S34°52'E 241 feet; • tehnce $67°15'E 70 feet to a point on the dividing ditch 1 505 feet East of the North and South half-section line; s . tehnce it a Northerly direction 505 feet East of and parallel to said half-section line, 3835 feet to a point on the North section line of said Section located 505 feet East of the North quarter corner of said Section; tehnce in a Westerly direction along the North section line • ' ./1' of said Section, 3197.5 feet, more or less, to the POINT OF BEGINNING, together with 100 A.F. Northern Colorado Water _ l` Conservancy District, 5 shares of The Larimer and Weld Irrigation Company, 6 shares of Windsor Reservoir and Canal Company, and 10 shares of Owl Creek Supply and Irrigation Company. s. PARCEL TWO: ; The N/ of Section 26, Township 7 Nwrth, Range 65 West and - r a part of that portion of land lying below The Owl Ciiek -!*tension Ditch in the S/ of Section 26, Township 7 North, Rang• 65 West of • Vii,-. the 6th P.M., and assuming that the East line of said Section 26 ' i_ hears North and South and with all bearings contained herein relative ' thereto; BEGINNING at the Northeast corner of the SE1/2; thence along said East line South 2712.73 feet to the Southeast corner .'. of said Section 26; thence along the South line of said Si:', N84'22'W 2487.05 feet: thence N2°45'10"E 235.00 feet; • I ' thence along the Easterly prolongation of an Irrigation Ditch h41°07'20"W 936.00 feet more or lees to the approximate centerline of •II" the Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following :J' - courses and distances; N71 1-0 '30"E 24.00 feet: � B 1064 REC 020 04349 04/02/85 16:32 512.00 2/004 F 0123 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO •,,• I • I . i, .. , ; • . •f , . I • • { • ^ 4 ' 5. • s • ' 1 !i : B 1064 REC 02004349 04/02/85 16:32 $12.00 3/004 • F 0124 MARY ANN FEUF.RSTEIN CLERK & RECORDER WELD CO, CO PARCEL TWO—(Continued) : ttcnce N51°11'F 74 .37 feet; '� thence N40°59 ' .10"E 335.63 feet; `" thence N33°19 '45"E 264.34 feet ; thence N36°24 ' 50"C 719.80 feet; •; thence N28°03'20"E 454.85 feet; t- '' thence N37°08'40"E 144.22 feet., • thence N37°08'40"E 199.83 feet more or less to the Nort.h line of said SE<: thence along sai.: North line 1:04°S4 't: 1719.50 feet to the POINT OF BEGINNING, together with 9 shares of the capital stock of The Larimer and Weld Irrigation Company, 2 shares of The Windsor Reservoir and Canal Company, 23 shares of the capital stock of The Owl Creek Supply and Irrigation Company, and 100 acre foot units allotment from the Northern Colorado Water Conservancy District, and one share of Larimer t and Weld Reservoir. PARCEL THREE: All of Section 23, in Township 7 North, of Range 65 West of the 6th P.M. EXCEPTING THEREFROM a tract of land as conveyed to The Owl Creek Supply and Irrigation Company by Quit Claim Deed recorded April 18, 1938 in Book 1025 at Page 19, and as corrected by Quit Claim Deed recorded April 27, 1938 in Hook 1025 at Page 256. EXCEPTING THEREFROM a tract of land as contained in Land Contract r'., between. Anthony Aranci, as Seller, and Darrell Lee French and Katherina Grace French, as Purchasers, recorded April 29, 1970 in Hook 624 as Reception No. 1546369, described as follows: :, I A tract of land located in the SWI of Section 23, Township 7 North, Hange 65 West of the 6th P.M. , and being more particularly described .I, as follows: F Commencing at the Southwest corner of said Section "of ana • considering the South line of the Sw�, of said Section 23 to ".• . bear North 90° 00' 00" East and with all other bearings container herein being r.lntiva thereto: thence North 90" 00' 00" F.nst, alon�l the South line of the 5W►� I. of said Section 23, 1,001.85 feet to the TRUE POINT OF BEGINNING; thence North 05° 29' 10" Went, 326.8.4 feet; thence. North 07° 15' 29" Emit, 194.27 feet; point on the A' I thence South 04° l3' 02' E:nnt, 334.98 feet to a :�. South line of the SW4 of maid Section 23; �'( thence South 90° 00' 00" Went, along; tho South line of the SW4 !-1! � of said Section 23, 107.47 feet, to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a tract tf land Deed an conveyedorded to30,rrell in ' i french and Kathy french by Y Book 651 as Reception No. 1572526, described as follows: PAGE 2 OP EXHIBIT A I. l I ., 1. 1 ' :`. • % • , • B 1064 REC 02004349 04/02/85 16:32 $12.00 4/004 F 0125 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • i ._ __ .. . . / PARCEL THREE (Continued) : A tract of land located in the SW: of Section 23, Township 7 North, : Range 65 West of the 6th P.M. , and being more particularly described as follows: Commencing at the Southwest corner of said Section 23, and , -, considering the South line of the SW'y of said Section 23 to bear North 90° 00' 00" East and with all other bearings contained ' herein being relative thereto: . Thence North 90° 00' 00" Enst, along the South line of the SWk • • of said Section 23, 1189.32 feet to the TRUE POINT OF BEGINNING:. • Thence North 04° 13' 02" West, 334.98 feet; Thence North 87° 25' 29" East, 195.85 feet; .•r Thence mouth 03° 55' 23" East, 251.80 fcet; thence North 87° 25' 29" East, 40.00 feet; Thence South 02° 10' 29" West, 93.55 feet to a point on the South line of the SW; of said Section 23; • Thence South 93" 00' 00" West, along the South line of the SW; • • of said Section 23. 224.66 feet to the TRUE POINT OF BEGINNING. together with S shares of the capital stock of Windsor Reservoir and Canal Company, 4 shares of the capital stock of The Larimer 1 and Weld Reservoir Company, 10 shares of the capital stock of The Larimer and Weld Irrigation Company, 15 shares of Owl Creek Supply :], ' and Irrigation Company, and 10 A.F. Northern Colorado Water JConservancy District • r PARCEL FOUR: r: i. The Wil of the W1 of Section 14, Township 7 North, Range 65 West of the 6th P.M. • PARCEL FIVE: All of Section 31, Township 8 North, Range 63 West of the 6th P.M. , All of Section 25, Township 8 North, Range 64 West of the 6th P.M. , All of Section 2, Township 7 North, Range 64 West of the 6th P.M. ; The E5NEtiNW'Y and t.he'W►INW'NF.1 of Section 36, Township 8 North, Range 64 West of the 6th P.M. : y S. Vd'. Ny t o4 , 4T, ;, f AGf: 1 OF F.XHIItI9' A 'artiP y 1I t (, i • I • f �' °# t"'.-' �(' 1 i �• '' t, i i t t ' 1 . • r .. I 'ta.A,t as ,ra Al 0 N:y�( .y s .. Recorder 7 lf3 as- ...,..-- . ..... ,. .-.:_ - a ........•• _ -----..+ .-.....�., (,)Mlle 1.‘It111l.tf.11 IInN MVO.nm,leOils dn,.I .I') , he1Ne', Metropolitan Life Insurance Company 2550 N. Diers Avenue, P.O. Box 159 Grand Island, NE 68802 mf the •(owns.nl ant State of Colorado,alantnris).and Metropolitan Life Insurance Company 2550 N. Diers Avenue, P.O. Box 159 Grand Island, NE 68802 whose legal addrvas is of the County of and State of Colorado.grnnlec(sA WI!NESS.that the grunions).lin and in cnnsideratinn of the turn of 0.00 Dollars Ile receipt and sufficiency of which is hereby acA,wswkdpd,hag remised.released.sold and DIIITCLAIMED.and by these presents An remise,release,sell and O1111('1 AIM until the grantet4s). heirs.successors and assigns forever.all the right.title,interest.claims and den,ands..hich the grantor(%)ha V e in and to the real properly.together with improtements,if any. situate.lying and bring in the County tit Weld anti State of Colorado, described as follows: See Attached Exhibit "A" • 2521483 B-1578 P-479 11/21/1996 12:32P PG 1 6F 2 REC P0C D Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 also in.Nnh.sit eel and nonuser as 070923000002 assessor's sehedule or parcel,m,nber: 38010 W.C.R. 45, Eaton, CO 80615 1OI IAVE 1NO1O 11OLn the same.together with all not singular the appurtenances and privileges thereunto belonging_or in'nowise thereunto appertaining.and all the estate,right,title.interest and claim whatsoescr of the grard,xHh either in law or equity.to the only proper use.benefit and behind of the g,antcctsf heirs and assigns(oresee. IN WI f NESS WI IEV-Enf:the grantorls)ha rsecutecf this deed an Or date set forth scene. Metropolite -Life InsuraetL-e r— Kenneth L. ilaf its Vice-President S f AI E(OF MGrgat lM.'MIO.X/11-13-4.1-41) t County nr l.� The fovegoing instrument was AmlNledger Kline me this day of / a-14/4 .I99 , by KcIINCTH L. d0LLA' _ Witness my hand and Witcial seal. ---ta_WA NA 1 .•1i.(:" hly commission aspires'9-/3-97 ski �• Notary.1L►'-'Ira.af Ratner A451 lira.q-13.1 7 •thin ttr...,...nn,'v'a..•yr- •.� t1.19.,h,14 — - —...-_--�NIMatnwl adonis of Penn.,trr.tina K+trt'nNrJ l eaal la,otp,i.w if tIll.uN).CPI sl No.933.Res.4-94. jut to Asst MET, ii4 nn4f...,l n„ph,h,.,t I74I W,rrr el 14n.r,(„b,N.2-1,0%1!a!'n - I • "T EXH1n1T "A" E J'RQL' RTT D SCR1rTION 1 6 That portion of Section 23, Township 7 North, Range 65 West of the 6th P.M. , County of weld, State of Colorado being more particularly described as follows: Considering the :.south line of the Southwest Quarter of said Section 23 as bearing South 84°51 '48" East and with all bearings contained herei:, relative thereto: Beginning at the Southwest corner of said Section 23, said point being the TRUE POINT ^" BEGINNING; thence along the South line of bald •• Soutnwest Quarte- South 84°51 '48" East 1001 .85 feet to the Southwest corner of that certain parcel of land as described In Book 624 at Reception Number 1546369, records of said County; thence along the Westerly and Northerly lines of said Book 624 at Reception Number 1546369 the following two (2) courses and distances: North 00°20'58" West 326.84 feet; South 87°29'27" East 194.60 feet to the Northwest corner of that certain parcel of land as described in Book 651 at Reception Number 1572526, records of said County; thence along the Northerly and Easterly line of said Book 651 at Reception Number 1572526 the following four (4) courses and distances: South 87°23'32" East 195.35 feet; South 01 °04'27" West 250.75 feet; South 85°51 '55" East 39.6' feet; South 07°18'41" West 93.53 feet to a point on the South line or said Southwest Quarter, said point being the Southeast corner of said hook 651 at Reception Number 1572526; thence along the South line of said Southwest Quarter South 84°51 '48" East 1221 .93 feet: thence departing said South line North 34°04'43" East 79.24 feet; thence North 11 °36'45" East 79.66 feet; thence North 01 °00'42" West 249.01 feet; thence North 32°24'44" West 67.88 feet; thence North 21 °40'38" West 86.51 feet; thence North 14°10'36" West 15' .77 feet; thence North 49°43'25" West 530.02 feet; thence North 34°20'11 " West 208.75 feet; thence South 28°44'22" West 249.69 feet; thence South 44°17'05" West 52.41 feet; thence South 74°03'45" West 76.00 feet; thence North 78°42'26" West 83.88 feet; thence North 63°46'04" West .88.10 feet; thence North 54°37'19" West 586.72 l'eet; thence North 52°20'08" West 269.33 feet; thence North 00°17'46" East 838.96 feet; thence North 49°59'25" West. 235.37 feet; thence North 44°46'00" West 171 .53 feet; thence North 51 °04 '54" West 184.19 feet; thence North 33°04 '50" West 193.92 feet; thence South 88°59'12" West 414.46 feet to the Northwest corner of said Southwest Quarter; thence along the West line of said Southwest Quarter South 00°11 '43" West 2621 .21 feet to the Southwest corner of said Section 23 and the TRUE POINT OF BEGINNING. Together with an Access/Irrigation Easement as shown for Lot B. Parcel contains 89.76 acres, more or less, and is subject to all existing easements and/or rights-of-way of record. 2521483 B-1578 P-479 11/21/1996 12:32P PG 2 OF 2 i�ft_I13-7,1 "; • • FRAME gq0482 3 ,SPECIAL WARRANTY tau T IS INDENTURE WITNSSSETB, that the Grantor, XSTROPGLITAN LITE INSURANCE COMPANY, a corporation. organised and existing under and by virtue of the laws of the State of New York. having its principal office at One Madison Avenue. City of New York, and State of New- York, for the consideration of One-Dollar ($1.00) • and other good and valuable consideration, in hand paid, hereby sells and conveys to Grantee, BOOTS LAND i LIVESTOCX CO., a Colorado partnership, whose address is Box 72, Lucerne. Colorado 80646, the following described real estate situated in the County of Weld and State of Colorado. to-wit: 873E EXHIBIT "A' attached hereto and made a part hereof with all its appurtenances and said METROPOLITAN LIFE INSURANCE P' COMPANY, Grantor, for its heirs, executors and administrators, does covenant to warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through or under it, but against none other. Grantee takes title subject to the following: (a) all zoning and building laws, ordinances, maps, resolutions and regulations of all governmental authorities having jurisdiction which affect the premises and the use and improvement thereof; (b) all rights • covenants, conditions, agreements and restrictions contained or • referred to in any instruments of record; (c) rights of way, easements and consents of record; (d) any state of facts or conditions- an- accurate- survey- may show' or personal inspecting, made of the premises at the time of closing would disclose; (e) any water, mineral or other rights including rights to oil and gas leases already granted to or reserved by other parties; (f) any and all leases or tenancies; and (g) those additional exceptions listed on Exhibit "B" attached hereto 3-1 made a part hereof. General taxes and special assessments due and payable for 1997 (except 1997 water rights assessments which shall be the obligation of Grantee) shall be prorated between Grantor and Grantee as of the date of Closing. All. subsequent general taxes special taxes- and- aanassue4,ts, which includm intallmants of special assessments due and unpaid shall be the responsiblity of Grantee. 2539243 B-1597 P-583 03/24/1997 03:16P PG 1 OF 15 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 76.00 205.00 • • • RAME F fl ei 8 3 TISTIAONI WSBABOP, the said METROPOLITAN Was iiisUsaf Aca. CONTANT has caused its corporate seal to be affixed and signed by its Vine President this 7th day 02 _!March , 1997. METROPOLITAN LIMB INSURANCE C � ', a New York co oration � TC e By: ' ):." I a: Beath L. ]Collar L°6 d i an• t STATE OF KANSAS ) COUNTY OF aamsoN ) On this 7TH day of March , 1997,. before me, the undersigned, a Notary Public in and for said State, personally • appeared Kenneth I Kellar to me personally known, who, being by me duly sworn, did say that he is the Vice President of Metropolitan Life Insurance Company, a New York corporation, that the seal affixed to the said instrument is the seal of the said corporation, and that the said instrument was signed and sealed on behalf of the said corporation by authority of its Board of Directors, and that said Vice President acknowledged the execution of the said instrument to be the voluntary act and deed of the said corporation, by it voluntarily executed. Witness my hand and official seal yo,�/n��the date last above-written. 1/1), Notary Public tELAINE S. REED sai Notary PutaDe.Sue.al Kansas M AP e.Infest Claawrbat 31,2000 prepared by: Neal U. Uodell, Seq. Metropolitan Life Insurance Company 303 Perimeter Center North, Ste 600. Atlanta, Georgia 30346 2 2539243' B-1597 P-583 03/24/1997 03:16P PG 2 OF I5 RAME F R 0484 F.EHIBIT "A" , PARCEL 1: The W1/2 of the W1/2 of Section 14, Township 7 North, Range 65 West of the 6th P.B., County of Weld, State of Colorado. a tract of land as conveyed to The ate t of THEREFROM s on of Highways, State of Colorado, by Specie Warranty DDS Highways September 10, 1991 n Books 1310 as Reception No. 2262665. PARCEL 2: Lot B of Recorded Exemption No. 0709-35-2-RE1496, recorded July 27, 1993 in- Bcak 1aa4 an Receipt on Na_ 2142214, being_ a part of. Section 35,. Township 7 North, Range 65 West of the 6th P.H., County of Weld, State of Colorado. PARCEL 3: All of Section 23, in Township 7 North, of Range 65 West of the 6th P.H., County of Weld, State of Colorado. EXCEPTING THEREFROM a tract of land as conveyed to The Owl Creek Supply and Irrigation Company by Quit Claim Deed Claim rded Deedrecorded il , 3.938 in2Bock 1025 at Page 19, and as corrected by Quit 7, 1938 in Book 1025 at Page 256. EXCEPTING THEREFROM a tract of land as contained in Land Contract between Anthony Aranci, as Seller, and Darrell Lee French gk��4 as Receerine ption French, as Purchasers, recorded Apr_I 77, No. 1546369, Aj„co G a tract of land as conveyed to Darrell French and Kathy French by Warranty Deed recorded July 30, 1971 in Book 651 as Reception No. 1572526, ALSO EXCEPTING TEEREFROK Recorded Exemption No. 0709-23-3-RE1950, recorded November 26, 1996 in Book 1578 as Reception No. 2522217. PARCEL 4: Lot B of Recorded Exemption No. 0709-23-3-RE1950, recorded dfNovember 26, n 23, 1996 in Bock 1578 as Reception No. 2522217, being a part Township 7 North, Range 65 West of the 6th P.H., County of Weld, State of Colorado. 251'1241 6-159.7 R-481 01/24/L997 03.:LEO Pi 3 OF. L5 �_. ,1 • • F RA ME E 0485 PARCEL 5: The bil/2 of Section 26, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 6: • that portion of land 1ying below The Owl Creek ExE tesiion6Ditch inof Ye 65 A part Towna#�ip 7 North• Rang th PAL the ount2 of 26, P.M.r y of Weld, State of Colorado, and assuming that the �ntained st line of slid Section 26 beers North and South and with all bearing herein relative thereto; • Beginning at the Northeast corner of the SEI/4; thence -along said East line South 2712.73 feet to the Southeast corner of said Section i South line of said SE1/4 North 84 degrees 22 minutes thence along West 2487.05 along feet North degrees 45 minutes 10 seconds East 235.00 feat; thencethe Easterly prolongation of an Irrigation Ditch North 41 thence degrees 07 minutes 20 seconds West 936.00 feet more or less to the l thence lon centerline the approx3itmatescenterline of Extension Ditch; the following thence along the North 77 degrees 14 minutes 30 seconds East 24.80 courses and feet;thence North 51 degrees 11 minutes East 74.37 feet; thence North 40 degrees 59 minutes 30 seconds Bast 335.63 feet; thence North 33 degrees 19 minutes 45 seconds East 264.34 feat;. thence North 36 degrees 24 minutes 50 seconds East 719.80 feet; thence North 28 degrees 03 minutes 20 seconds East 454.85 feet; thence North 37 degrees 08 minutes 40 seconds East 144.22 feet; thence North 37 degrees 08 minutes 40 seconds East 199.83 feet more or less to the North line of said SE1/4; to the Point of Beginning. heencalong said North l S line South 84 degrees 54 minutes East 1719.58 f 2539243 8-1597 P-58.3 03/24/189703:18P PG 4 OF 15 • • FRAME • 1. Rigor claims of parties in possession not shown by the public 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for servic la�av and terial theretofore or hereafter furnished, imposed hown by the public records. 5. Defects, liens,. encumbrances,. adverse claims or other matters if any, created, first appearing in the public records or attaching subsequent to the effective efdateohe for f but tupriore to ot the dor ate the interest insured acquires covered by this commitment. interest or mortgage 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taximT district. b. Any and all unredeemed tax sales, if any. Note: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. state 2 PURSUANT TO CeS 10-11-122 NOTICE IS mYilakY GIVEN TEAT: (A) TEE SUBJECT PROPERTY RAT BE LOCATED IX A SPECIAL TAXING DISTRICT; ?ICATU of TANIS DUE LISTING RACE TAXING JURISDICTION (H� A CERTI MAT BE OBTAIN PRO* Tea COUNTY TRZABUREA OR TEE COUNTY TRAIsURER'S AUTSOSISED MUST; (C) 1 iORNATIOE RZGEStDIxO SPECIAL DISTRICTS Alia TEE BOUNDARIES of SUNS DISTRiSSIONNCTB MAY COUNTY CLUE AID RECORDER, OR TEE COUNTY BE Mall.= 'ROI TIN BOARD OF COMITY CfllpCI88IOFlBftB, AS8E88OR. 2539243 B-1597 P-S83 03/24,199703:16P PG 5 OF 15 • • FRAME 7 048 • 7. Rights of wily, whether in fee or easement oand onnlyy,,� lines as esteblishep far county roads 30 feet wide y�er of the Hoard ofch side of section County Coszissi�ars for Meld County, recorded October 14, 1889 in Book 86 at Page 273. 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded Mayar of 3E n Bo 157 18, Beek 57 a5 at Page 281. (Af►ecta / 9. Owl creek Ditch. and any and all rights of way therefore, as evidenced by Map filed ul 5, 1906 as Piling No. 111816, insofar as the same say affect subject property. (Affects 23-7-65 anda81/2SWW1/4,iNE1/45andyW1/25E1/4do iSeccttiion 26-7-65) 10. Greeley No. 2 Reservoir, and any and all rights of way therefor, as evidenced by Map filed December 15, 1910 as Filing No. 161831, insofar as the same say affect subject property. (Affects W1/2W1/2 d2WIf2NW1/4 Section oflSection 23-7-55)of on 11. Right of way, whether in fee or easement only, for a public highway, as granted to Wald County by Claude Z. Stone, recorded May 3. 1939 in Book 1O41 at Page 473, affecting the following described property: A parcel of land 50 feet vide along the North aide of the NW1/4 of the NWl/4 of Section 14, Township 7 North, Range 65 West of the 6th P.M., being the North 50 feet of said 40. Reservations by the Union Pacific Railroad Company of (1) all coal 12. and other minerals underlying subject property, (2) the exclusive right to prospect for amass nddr®emovescoal and er ra minerals erals and (3) the right of ingr, for, mine and remove coal and other minerals, all as contained in Deed recorded March 20, 1907 in Book 233 at Page 78. (Atfscta Section 35-7-b5) 2539243 H-1597 P-583 03/224;1997 03:16P PG 6 OF i5 4 • • l .E FRAME 6 048 13. Right of way, whether in fee or easement only, for the OW1 Creak Supply and Irrigation Company's Ditch, as granted to the Owl Creek Supply and Irrigation Company by Rebecca 3. Eaton and Bruce G. Eaton, recorded Wayi22 O9 1909 in 307 at ?age 172, affecting the following desar • A right of way,, 25 feat in width, in the NW1/4 of 35-7-65'West of the 6th P.X.t , beginning at a point on the North boundary of said encen l, East 581 feet South Lateral Northwest the 0W1 Creak Dof; itchas thence following 36 and operated in general as follows: it is 6w constructed South degrees 3 39 9 PA2 minutes West 38 test; to a point 30 feat South of the North boundary of said Section 35; thence North 85 degrees 30 minutes West 560 feet to a point on the West boundaary Section 35, South 30 feet from the Northwest corner thereoft A right of way 50 feat in width in the W1/2 of Section 23, in Township 7 North, of Range 65 West d fe heo 6th n 23P.X.,Begin8 degrees point on the North boundary f said 15 minutes West 750 ft., from the N1/4 corner thereof; thence following down the Owl Creek Ditch as it is now constructed- and- operated in general as follows: South 22 degrees 54 minutes East 1172 feet; thence South 13 degrees 20 minutes Nast 2102 feet; thence South 19 degrees 21 o a pminuts East 685 ointgon the East f botundary of the SW1/4; thence South 51 d Sec. 23, at North st 725 s785et tfeet from the S1/4 corner thereof. 14. sufficient of way,capacity whether oin�ry or watersnecessaryent ytofor a ditch irrigate thefNE1/4 of Section 34, Township 7 North, Range 65 West of the 6th P.M., as of Section 34,ecby Rebecca- J. Eaton and- Bruce. G. Eaton-, recorded to g hcrn' June n-.B 3t.21909 in 0 _k 270 at Page 225, affecting the fallavi�ng described property The NW1/4 of 35-7-65 West of the 6th P.X., beginning at a point 580 feet, East from the Northwest corner of said Section 35,0 feet: Wining West along North side of said Section, to a pa t - South of the Northwest corner of said Section 35, as now constructed and operated. 15. An undivided 1/2 interest in all oil, gas and other minerals in and under said land, with the right to prosvact for and remove the same, as reserved by J. X. Frost in the Deed to James J. Drvia and 8 Da anyiinteres s therein o recorded orrXrights62 in Book 1624 thereunder. an :age (Affects 458, and 2W1,2 of Section 14-7-6� (Affects W1/ T r ) 2539243' 3-1597 °-I5&3- li/2j4/1997 03:16P FS 7 OF 15 a • • FRAME 048 ' • . aqrscents, provisions, conditions and obligations as 16• �;ned in Surface Owner's Agreement by and between The Eaton Investment Company and Union Pacific Railroad company recorded MarCh 31, 1955ain Book 1415 at Page 334 and April 4, 1955 in Book 1415• at Page (Affects Section 35-7-65). undivided 1/2 of all oil, gas, and other minerals of every kind • 17. sand character now owned by the grantor together with the right to explore for, mine and remove the same, as reserved by The Eaton Company in the deed to Imperial Fares, Inc., recorded �y 2 57 in Book 1476 at Page 558, and any interest; therein or rights thereunder. (Affects section 35-7-65) 18. The Twenty Three Reservoir, and any and all rights of way • therefor, as evidenced by kap filed June 2, 1908 as Piling No. 129777 insofar as the same may affect subject property- (Affects Section 23-7-65) • ht of way for railway as now located on the premises, 400 19. ffeineet width, be 200 feet on each side of the center of the • t track, as reserved Denver Pacific Railway and Telegraph Company in Deed to James Du , recorded March 26, 1885 in Book 40 at Page 408. (Affects the W1/2 of Section 23-7-65) 20. The Shaw Reservoir and any and all rights of way, therefor, as evidenced by Kap filed June 18, 1906 as Filing No. 111413, insofar as the same may affects subject property. (Affects the SW1/4 of the sE1/4 of Section 23-7-65 and N1/2NE1/4 of Section 26-7-65) i 2539243 8-1597 P-583 03/24/1997 03:16? PG 8 OF 15 • • RAME ERA 3 490 0L coal and other minerals within or underlying said land, 21' the oil, coal right to prospect in and upon said land for oil, the other minerals therein, or which msy be supposed to be coal in, and to eine for and remove from said land all oil, coal and other minerals which may be found thereon by anyone, with the right of ingress, egress and regress upon said 1 to ir prospect for mine, and remove any and all such oil, coal or other minerals and the right to use so much of way to saidland ddasras such may be convenient or necessary for the right prospect places or sines; and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of oil, coal iin�l, machinery or other material; also to maintain and operate railroad in its present form of construction and to make any Railroad, do forr of construction y Union Pacificmethod of Railroad operation in the id War anty, as reserved o by Warranty Deed to William H. Arnett, recorded Cctobar 16, 1907 in Book 233 at Page 119, and any interests therein or rights thereunder. (Affects the E1/2 of Section 23-7-65) Right of way, whether in fee or easement only, to construct, 22. which to ca ry operate and maintain a ditch lateral in and thr°ogees, as conveys and convey water for irrigation and domestic purposes, to Harry H. Shaw by Right of Way Deed recorded January 27, 1909 in Book 289 at Page 409, being described as follows: A strip of land 15 feet in width, over and through the Sw1/4 of Section 23, in Township 7 North, of Range 65 West of the 6th Y.H., the canter of which is described as follows, to-wit: Begin at a point in the main canal of the Owl Creek Irrigation and Supply Company, whence the South 1/4 corner of Section 23-7-65. West of the 6th P.M. bears So d uth 24 30 degrees ess 3 15 minutes 00 feet; ast ta1287 feet; thence South 41 degre e South 69 degrees West 100 feet;- thence North 57 degrees 30 minutes West 350 fest; thence North 61 degrees West N400 fest;thencei4Not� 49 degrees 7 minutes West 400 feett, thence 224 feet; thence South 57 degrees 45 minutes West 200 feet; thence South 35 degrees 45 minutes West 200 feet; thence South 27 degrees 30 minutes West 100 fest; thence 15 Southh 34 de Wes 3O.00minutes West 195 fest; thence South 52 degrees point on the West boundary of the SW1/4 of 23-7-65 West, at North 685 feet from the Southwest corner thereof. NOTE: Said right of way deed contains a reverter -lause to the grantors, their heirs and assigns, s,tshould d.rne same be abandoned for the purposes 2539243 3-1597 P-583 03/24/1997 03:16P PG 9 OF 15 • • MME FRAt '491 04 '• 13. Terms a assents, provisions, conditions and obligations as in Deed and Agreement, concerning surface and seepage and right for the drain as conveyed in said Deed waters, Frye Williams and and • and Agreement, between P. Gallup, dated March 16, 1927 and re January 28, 1930 in Book 888 at 596. �as�e (Affects Section 23-7-65) 24. Right of way, whether in fee or easement only, to construct:, operate and maintain electric transmission, distribution and • service lines, thetright to lines enter now or the ppremises surveys the construct,property, maintain, operate, control and use said fines and to remove obects interfering therewith, and the right to permit the attachment of any other company, all as granted to Hama Light and power Cony by instrument recorded December 10, 1951 in Book. 1318 at Page 523, being described'as follows: Beginning at a point one foot South of the Northwest corner of• said Section 23; thence in an Easterly direction two od Sousand od 23. (2000) feet, parallel with the North boundary of • • as and other minerals under the property, as reserved by . 25. Dol oil, g otti in the Warranty Deed to Anthony P. Aranci, Dorothy X. rT2Y �� ,7�ulr 2;s, 1963 and- racardeci 3enuary 3-0•, 196-} in Book 163r7 . at Page 84, and any interests therein or rights thereunder. (Affects the E1/2 of. Section 23-7-65) 26. An undivided one-bmIf interest in and to the oil, gas and other asnreses ined and by under L.d that HarringtonbandrEdwced from the ward M. Harringttooy, as reserved the Warranty Deed to Anthony Aranci, dated May 28, 1968 and recorded May 31, 1968 in Book 595 as Reception No. 1517003, and any interests therein or rights thereunder. (Affects the W1/2 of Section 23.7-65) 27. A perpetualpurposes of ingress and egress over and . easement for Qr along the South 22 feet of the SW1/4 of Section 23, cc�sncc� at t the Southwest corner of said Section 23 and thence going degrees 00 minutes 00seconds East, a distance of 1001.85 8 feet, more or less, as LeedTrench and Xatherinact tGrace French,Aranci, C1, Seller, red purchasers, dated January 1, 1970 and recorded April 29, 1970 Book 624 as Reception No. 1546369. 28. The Eaton Ditch, and any and all rights of way therefor. 3s evidenced by Geological Survey of the subject property. (Affects section 23-7-65) I I i 2539243 8-1597 P-583 03/24/1997 03:15P PG 10 OF 15 - I I a • . 'AME FR ) 492 • 0 Z9. The Simon Lake and any and all rights of way mar, as evidenced by Geological Survey of the subject (Affects Section 23-7-65). 30. An undivided one-fourth under tha mineral /inthe of Section , fir gas and other minerals a n g6 West 3 of the 6th P.M., as reserved by James J. 7 vista. Range ttyY Davis and Eva r Dell Maay27,n the 3Nin Book Bo 9 Dead 977 as Reception No. and W.X. McKaya interests therein or rights thereunder. 1928428, and any Reservations of (1) right of proprietor of any penetrating vein or 31. oderta ditches or lode to extract his ore;thority)ofiUtited States, in U.S. Patent canals constructed by recorded July 27, 1910 in Book 332 at Page 123. (Affects SZ1/4 of Section 26-7-65) 32. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded November 5, 1910 in Book 332 at Page 385. (Affects NE1/4 of Section 26-7-65) ls 33. Reservation of right of United States for , in in US�Paten or tnrs recorded May 9,i by authority 1911 in Book 335 at Page 413. (Affects SW1/4 of Section 26-7-65) 34. All coal in the lands so granted, as reserved in United States patent recorded May 9, 1911 in Book 335 at Page 413. (Affects SW-1-f4 of Section• 26-7-65)• 35. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded September 5, 1916 in Book 385 at Page 184. (Affects NW1/4 of Section 26-7-65) 2539243 8-1597 P-583 03/24/1997 03:16P PG 11 OF 15 • • • ME F R ' 493 0 � q t of way, whether in fee or easement only, for the South 36. Ri ght y Supply and Irrigation Co. Ditch, as granted rante of the Owl Creek lY to The Owl Creek Sapp and Ditch Company by C.O. Jackson, recorded J 13, 1909 1A Hook 270 at Page 10, ofd!acting the following des= property:. Right of way for the South lateral of the Owl Supply & Irrigation co. Ditch, the 8911/4 of 26-7-65 West of tha 6th P.N., as now constructed and used; said right of way being 25 feet in width through its entire length, except the last 1025 feet hereinafter described, Which is 50 feet as follows. Beginning at a point on the id right of way is described a bo East /4 of the 8911/4 of said Sao. 26 at�a�_; fromSouth the 1/4 sect on corner on the South boundary feet; 51 e-minutes We64- td 33ses- 10�minut� West. 1AD- f degrees thence-.200 • Nort; 84 4d� South- 64 West 100 fest; thence North 78 degrees North degrees 10 30 minutes 'Rest 100 feet; thence North 66 degrees 26 minutes West 20thence North 61 degrees West 100 feet; thence North 50 degrees lest; nce North degrees 30 minutes West 100 f�e� West North or fast; egth ees 35 minutes t 144 feet; thence feet; thence 72 rage South 36 degrees 23 minutes What 375 feet to North and of dyke; thence South 36 degrees 23 a nut Westsaid 104 25Sfeet2toa�581 uth and dyke S.W.the South corner thereof. from S. . 37. Right of way, whether in fee or easement only, for to ehOwe lvCl reak Supply and Irrigation Company's ditch, as grant Creek Supply and Irrigation Company by Harry H. Shaw, recorded May 18, 1909 in Book 270 at Page 183, affecting the following described property: A right of way for the Owl Creek Supply and Irrigation Company's ditch through the NE1/4 of 26-7-65 West of the 6th P.N. Beginning at a point of the North boundary of said Section 26, at East 477 feet from the N1/4 car. thereof; thence following down the South lateral of the Owl Creek Ditch as it is now constructed and operated in general as follows: South 30 degrees 18 minutes East 170 ft. ; thence South 35 degrees 32 minutes East 1495 ree i7�minutes Westence South 8 degrees 680 tt thenre minutes Southe51 398 ee.; d thence 6 rage degrees 22 minutes West 400 ft. to a point of the South boundary oftNE N4 of said Sec. 26.26 at Said rist ght960 ft. from of way to be the 30 of of said Sec. feet in th e NE1/ width. 2519243 B-1597 P-587 (;':2).11 97 03:16P PG 12 OF 15 • • r FRAME 049 } 38. Right of way, whether in fee or easement only, for the Owl Creek supply and Irrigation Company's ditch, as granted to The Owl Creek supply and Irrigation Company by W. P. Willis, recorded November 17, 1909 in Book 270 at Page 375, affeating the following described property: A right of may for the Owl Creak Supply and Irrigation Company's ditch through the SE1/4 of 26-7-63 W. 6th P.N. Beginning at a point on the North boundary of the SE1/4 of said Sec. 26, at East 960 ft. from the N.W. Cor• of said SE1/4 of Sec. 26• thence following down the South lateral of the Owl Creek Ditch as it is now constructed and operated in general as follows: South 51 degrees 22 minutes West 287 feet= thence South 30 degrees 42 minutes West 598 ft.; thence South 35�ees 46 Sec. minutes West 7-7O ft.. to a- point oaths- West boundary North 1360 ft. from the 81/4 Cor. thereof. Said right of may to- be 25 feet in width. 39. Right of way, whether in fee or easement only, for ditch, as granted to C.W. Jones and C.A. Finch by B.A. Johnson, recorded September 8, 1920 in Book 602 at Page 485, affecting the following described property' Commencing on the South line of Section 26-7-65 West of the 6th P.K. at a point 3 1/2 feet West of the /4 corner. e .North encef by true bearings variation 14 degrees 30 minutes co thence North 42 degrees 32 minutes West 541.5 feet. The above described line is fthr the construction of a ditch to be used to enter line of a strip which is to be used or convey water to the lands of the second parties. 40. Right of way, whether in fee or easement only, for a ditch or pipe line to carry water from The Shaw Reservoir across the NE1/4 of Section 26, Township 7 North, Range 65 West of the 6th P.H. towards the lands of the grantee, and an easement and me right of way over and i g,across said Nout, rep iirringong ad otheerwiise maintaining said f inspecting, cleaning pa reservoir and the- inlets and let recorded erof, as- ar 1923 in ted + C. Richards by Fannie N. Shaw by Deed Book 713 at Page 182, in which the specific location is not defined. 41. An undivided 1/5 interest each in and to all of the oil, gas and other uthusD.as Gustafson,ed Lo Elmer and Harold.G.GGustafson by Amanda Thelma G. Brown, Mineral Deed recorded April 7, 1954 in Book 1216 at PaGustafson by any ofy5ect Sects tion or rights thereunder. 2539243 B-1597 P-583 03/24/1997 03:16P PG 13 OF 15 1 $ •ME • • FRAM 95 049 gas and other minerals lying in and 42. undivided /4=oft agecti oil, on 26-7-65 and an undivided 1/4 of all other minerals lying in and under the NE1/4 of oil, gas and as reserved by Dale Saxton, also known as Dale W. Section and Dais and an undivided 1/4 Of all oil, gash other rlm nerals= yinngton= 4 of section gas and minerals lying � and under the NElto Haman 26-7-65, as reserved y Saxton in the Deed 18, 0 in Book Schaller and Nina Nee Schaller, recorded February therein8, 1970 or in Boo 621 as Reception NO.. 1542806, and any interests hts thereunder. Northwesterly 43. Access easement 10 feet in Exemption overN and O7Occross2 the Northwesterly portion of 3 B BOOk ded July 27, 1993 in Book 1394 as Reception No. 2342934. (Affects part of section 35-7-65) Irrigation th and Access and 44. easement feet 2in width ford the benefit of Lot B of Recorded Exemption No. 0709-23-3-RE1950, recorded November 26, 1996 in Book 1578 as Reception No. 2522217. (Affects Parcal 3) as defined by 45. "Owl i Creek ccupational use and gasion Iocate& in pany property efifield on November 13, limits as shown on Recorded Exemption No. 0709-23-3-RE195O, reco , as ovemn recorded November 26, 1996 in Book 1578 as Reception No. 2522217. (Affects parcel 3) 46. Existing Irrigation ditch and field road over and across Lot B of Recorded Exemption No. 0709-23-3-RE1950, recorded November 26, 1(99996eiinnBOOkc15784)as Reception No. 2522217.el2539243 H-1597 P-583 03/24/1997 03:16P PG 14 OF 15 1 - • • FRAME u . }Ihe notices pursuant to CRS 9-1.3-103 concerning The rgrlona0ilitiaa have been tiled with the Clerk and Recor�These statements ars general and do not necessarily give notice of underground withinfacilities rwthi property. ed ro 1, 1981 in (a) Mountain Bell Telephone Company, Book 949 as Reception No. 1870705. • (b) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (c) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. (d) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. • • • 2539243 B-1597 P-583 03/2401997 03:16P PG 15 OF 15 -y- _• • Y�, 'F 1,.i.tp'...• •tit:it1 y Ji.; Recorded at....7.-...........o'clock.aAM. X...4.1.g..... mama Cy 5Jrj Reception No.......1a17�03 ♦cut.�tOhkR...„...., Recorder. ALr KNOW ALL. MEN BY THESE PRESENTS,That PID L. }IARRINGTON and EDWARD H. HARRIN TOit i• of the County of . Weld ,and Slate of Colorado, for the consideration of other valuable consideration and Ten Dollars, •_._ .11 III pi hand paid,h•ereby sell and convey to ANTHONY ARAIICI of the County of x:dxt Lariner ,and State of Colorado. • .. the following real property, situate in the County of Weld • r and State of Colorado, to-wit: _ tog to O A 11 The West Half (W 1/2) of Section Twenty-three (23), Township pIs Seven (7) North, Ronne Sixty-five (65) West of the 6th P.M. i i described as follows: Beginning at the Southwest corner of said ��44 Section, thence South 86° East 2661.5 feet to the South quarter i tiC 3 I •)•• corner of said Section, thence in a northerly direction along MS tC the North and South half section line 4627 feet to the north r }•-• n t) section line of said Section 23, thence in a westerly direction s �$ 2713.5 feet course North 89° 30' West to the west section line of-said Section 23, thence South 1° 25' East 4679 feet, more il or less, to the point of beginning, containing 294.23 acres, 'rnore•or?.e.<s, together with six shares of the capital stock of The Larir.or and Weld Irrigation Company t eleven shares of ' j -- the capital stock of the Owl Creek Supply and Irrigation Company, 7 '� which shares are hereby assigned to second party; RESERVING, ___ t r; t. HOWEVER, unto the grantors herein, their heirs and assigns, an undivided one-half interest in and to the oil, gas and other w • _ • minerals in and under and that may be produced from the above '" described property. Ell c u 4 O with all its appurtenances, and warrant the title to the same,subject to the 1968 taxes payable e i in 1969, and exceptions, reservations, restrictions and covenants contained in ,-r instruments of record, rights of way and easements evidenced by instruments of e .�-1 record or established on the premises. N r-t rt • a • - r. 0 1 Signed and delivcrell this 20th day of 1IaY so„/.444.,,,:. l9 68%1 In the presence of A! %...__"" _.. ..... a1J • ,. • L. instton Coward 14 rtarr ngt n t I — — .........(SEAL) w . STATE OF COLORADO, - to • COUNTY OF WELD. r :4 +: ;® The foregoing instrument was acknowledged belore me this.26th day of...............„......._.._.____'aY -' !9 .68•'y. D L. 1HARRI:NG1'OtN AND EDWARD H. liAP.RINoTOU { X' 11-1VItisItSS•nat hand and official seal. y 1.'! »? lyklEefi+Q>jissiout>xpr.es October 1,1969. 7• �t, •••R(t u(re ftarjAsort or persons herein insert name or names:If by rter,. n n acting in representative or official capacity or as a ln•ALy-fo fact, then insert name or person as executor. aftarnerm•fact or ocher capacity or Je,eriptwn: if by officer of corporation,then insert name of such office or officers,a the pre,ident or oilier officers of such corporation,line- ;y lag it.-- STATUTORY ACKNOWLEDGMENT,SESSION 1927. f WARRANTY DEED.-Statutory Form • 44. • • BOARD OF DIRECTORS # NORTH WELD DAINTY WATER DISTRICT • GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE. CO 80646 ERNEST ROSS W.M. McKAY DON POSSELT, DISTRICT MANAGER CHARLES ACHZIGER ROBERT ARNBRECHT y: P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997 e-mail : nwcwd@bwn.net January 5, 2000 Tom Collins 109 Elm Avenue Eaton, CO 80615 (970)454-3445 Re: Amendment to the property boundary involving Lot B of Recorded Exemption No. 0709-23-3- RE1950 owned by Booth Land & Cattle Company, and a tract containing 28/100 of an acre more or less owned by The Owl Creek Supply and Irrigation Company. This letter is in response to your inquiry regarding water service to the following described property, A portion of the SE 1/4 of Section 23, T7N,R65W of the 6th Prime Meridian 1. Water service is presently being provided to the property currently owned by The Owl Creek Supply and Irrigation Company through meter#223102. 2. North Weld County Water District is able and intends to provide water service to the above mentioned property, provided all requirements of the District are satisfied: 3. �i/ Water service is NOT presently being provided to the property described as Lot B of Recorded Exemption No. 0709-23-3-RE1950, owned by Booth Land& Cattle Company. Water tap/service shall be placed on the physical property,defined by a legal description and only one meter per legal description. In case of a Recorded Exemption, the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. Alan Overton • North Weld County Water District Hello