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HomeMy WebLinkAbout841235.tiff p.� AR1964231 RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 217 - PSF ASSOCIATES WHEREAS, the Board of County Commissioners of Weld' County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners has reviewed the request of PSF Associates for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10 (d) , CRS, as amended, and Section 2-1 A. (3) of the Weld County Subdi- vision Regulations, and WHEREAS, this Subdivision Exemption request from PSF Associ- ates would identify four lots for financing purposes only, and no additional building rights are granted with this subdivision exemption, but would allow the applicants to divide the interests in the subject site, and WHEREAS, said land is located in Part of the N1, Section 29, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: LOT ONE A parcel of land in the Northwest Quarter of Section 29, Township 3 North, Range 67 West of the 6th Principle Meridian, Weld County, Colorado; said parcel being more particularly described as follows: Beginning at a point on the North line of said Northwest Quarter from whence the North Quarter corner of said Section 29 bears S89°16 ' 24"E, 2271 . 00 feet, and with all other bearings relative thereto; thence S00°29 ' 44"W, 343 . 64 feet to the True Point of Beginning; thence S89°02 ' 28"E, 984 . 08 feet; thence N00°22 ' 01"E, 170. 19 feet; thence S89°36 ' 34"E, 51 . 24 feet; thence S00°22 ' 01"W, 170 . 69 feet; thence S89°02 ' 28"E, 762 . 29 feet; thence S1°01 ' 56"W, 245 . 86 feet; thence S15°39 ' 16"W, 91 . 55 feet; thence S42°13 ' 31"W, 70. 38 feet; thence $69°02 ' 20"W, 162 . 89 feet; thence N89°02 ' 11"W, 386 . 41 feet; thence N00°09 ' 06"E, 202 . 71 feet; thence N88°59 ' 52"W, 1185. 30 feet; thence N00°29 ' 44"E, 244 . 51 feet to the True Point of Beginning; thus described tract containing 12 . 858 acres , more or less. TOGETHER WITH AND SUBJECT TO all easements described on attached Addendum "A" . B 1028 REC 01964231 04/24/84 16: 14 $0. 00 1/004 F 0276 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 841235 Page 2 RE: SE #217 - PSF ASSOCIATES LOT TWO A parcel of land in the Northwest Quarter of Section 29, Township 3 North, Range 67 West of the 6th Principle Meridian, Weld County, Colorado; said parcel being more particularly described as follows: Beginning at a point on the North line of said Northwest Quarter, Section 29 from whence the North Quarter corner bears S89°16 ' 24"E, 2271. 00 feet; and with all other bearings relative thereto; thence S00°29 ' 44"W, 588. 15 feet to the True Point of Beginning; thence S88°59 ' 52"E, 1185. 30 feet; thence S00°09 ' 06"W, 202 . 71 feet; thence S89°02 ' 11"E, 386. 41 feet; thence S26°22 ' 13"W, 233.43 feet; thence 820°12 ' 50"W, 47 . 55 feet; thence N88°55 ' 49"W, 1455 . 02 feet; thence N00°29 ' 44"E, 456. 56 feet to the True Point of Beginning; thus described tract containing 14. 359 acres, more or less. TOGETHER WITH AND SUBJECT TO all easements described on attached Addendum "A" . LOT THREE A parcel of land in the Northwest Quarter of Section 29 , Township 3 North, Range 67 West of the 6th Principle Meridian, Weld County, Colorado; said parcel being more particularly described as follows: Beginning at a point on the North line of said Northwest Quarter, Section 29 , from whence the North Quarter corner bears S89°16 ' 24"E, 2271 . 00 feet and with all other bearings relative thereto; thence S00°29 ' 44"W, 1044 . 71 feet; thence N88°55 ' 49"W, 315. 02 feet to the True Point of Beginning; thence 888°55 ' 49"E, 1770. 04 feet; thence S26°22 ' 13"W, 291 . 41 feet; thence N89°19 ' 51"W, 355. 25 feet; thence S00°01 ' 35"W, 5 .64 feet; thence N89°20 ' 33"W, 42. 43 feet; thence S00°09 '47"W, 318 .46 feet; thence N89°20 ' 15"W, 1240 . 84 feet; thence N00°05 ' 37"W, 599 . 25 feet to the True Point of Beginning; thus described tract containing 19. 774 acres, more or less. TOGETHER WITH AND SUBJECT TO all easements described on attached Addendum "A" . LOT FOUR A tract of land located in the North one- half of Section 29, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colo- rado and being more particularly described as follows: Beginning at the West one-quarter corner of said Section 29, thence along the West line of the Northwest one-quarter North 00°09 ' 33" East, 1629. 26 feet; thence South 88°57 ' 19" East, 325. 70 feet; thence North 00°27' 02" East, 968 . 23 feet to a point on South Right-of-Way line of State Highway B 1028 REC 01964231 04/24/84 16: 14 $0 .00 2/004 F 0277 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Page 3 RE: SE #217 - PSF ASSOCIATES Number 66; thence along said Right-of-Way line and parallel with the North line of said Section 29, South 89°16 ' 24" East, 1345. 02 feet; thence South 83°33 ' 47" East, 100. 50 feet; thence South 89°16 '24 " East, 2811 .44 feet to a point on the centerline of the Saint Vrain Creek; thence along said centerline the following courses: South 32°02 ' 38" West, 746 . 93 feet; South 58°58 ' 54" West, 467. 97 feet; South 84°39 ' 45" West, 864 . 41 feet; South 54°56 ' 04" West, 495. 22 feet to a point on the South line of the Northeast one- quarter of the Northwest one-quarter of said Section 29 ; thence leaving said centerline North 89°19 ' 51" West, 1214 . 89 feet to the Northwest one-sixteenth corner; thence along the East line of the Southwest one-quarter of the Northwest one-quarter of said Section 29, South 00°01 ' 35" West, 781 . 80 feet to a point on the centerline of the Saint Vrain Creek; thence along said centerline the following courses: South 70°04 ' 05" West, 392 . 85 feet; South 22°45 ' 17" West, 312 . 81 feet; South 07°42 ' 17" West, 107 . 98 feet to a point on the South line of the North one-half of said Section 29 ; thence North 89°23 ' 17" West, 810 . 53 feet to the point of beginning. EXCEPTING THEREFROM a tract of land described as follows: Beginning at a point on the North line of said North one-half, Section 29 from whence the North one-quarter corner of said Section 29 bears S89°16 ' 24"E, 2271 . 00 feet and with all other bearings contained herein relative thereto; thence S00°29 ' 44"W, 343 . 64 feet to the True Point of Beginning; thence S89°02 ' 28"E, 984 . 08 feet; thence N00°22 ' 01"E, 170 . 19 feet; thence S89°36 ' 34"E, 51 . 24 feet; thence S00°22 ' 01"W, 170. 69 feet; thence S89°02 ' 28"E, 762 . 29 feet; thence S01°01 ' 56"W, 245 . 86 feet; thence S15°39 ' 16"W, 91 . 55 feet; thence S42°13 ' 31"W, 70. 38 feet; thence $69°02 ' 20"W, 162. 89 feet; thence S26°22 ' 13"W, 233 . 43 feet; thence S20°12 ' 50"W, 47 . 55 feet; thence S26°22 ' 13"W, 291 . 41 feet; thence N89°19 ' 51"W, 355. 25 feet; thence S00°01 ' 35"W, 5 . 64 feet; thence N89°20 ' 33"W, 42 . 43 feet; thence S00°09 ' 47"W, 318 .46 feet; thence N89°20 ' 15"W, 1240 . 84 feet; thence N00°05 ' 37"W, 599 . 25 feet; thence S88°55 '49"E, 315. 02 feet; thence N00°29 ' 44"E, 701 . 07 feet to the True Point of Beginning; the net acreage of Lot 4 is 93. 309 acres. TOGETHER WITH AND SUBJECT TO all easements described on attached Addendum "A" . B 1028 REC 01964231 04/24/84 16 : 14 $0. 00 3/004 F 0278 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 4 RE: SE #217 - PSF ASSOCIATES NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the above described parcels be, and hereby are , declared to be exempt from the defi- nitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS , as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D. , 1984 . -I, anwatw- ti� BOARD OF COUNTY COMMISSIONERS ATTES -. ..~ WELD COUNTY, COLORADO > tg perk and Recorder -the Boa • Norman Carlson, Chairman 0 ' ) ..I�d✓ia i. ' � n . '+ - aunty C erk J-.•uene Joh s n, Pro-Tem •APPR214i $ PTO FORM: AV if) allaS Gene R. Brantne en- County Attorney C ck Carlson n T. Martin B 1028 REC 01964231 04/24/84 16: 14 $0. 00 4/004 F 0279 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 042384 FLOW SHEET i CASE # •5-4L= / 27 COUNTY COMMISSIONERS MEETING DATE : 444.1 /1gy APPLICANT : PSC- tetrfirriseresitsz � rV REQUEST : __564.4,6elexlp.vier,A, LEGAL : 4 ,4/ ' — — Ko 7' LOCATION : • 5Cthet � 114O/ C eati( 60cn /T U DATE BY Application Received t3 . a.2$ _ Sy, _an Application Complete Sign Given to Applicant cin Sign To Be Posted By : AM - Letter to Applicant Drafted 2 • 2j • 8q .Se ne Referrals Listed Air Photo and Maps Prepared . •� Soils Map Prepared File Assembled Letter to Applicant Mailed VI - 1) 4 %se e\ Referrals Mailed r Chaindexed Prop . & Mineral Owners Notified By : Field Check By DPS Staff DPS Recommendation Drafted 1 // /Q 0A- DPS Recommendation Typed Packets Xeroxed CC Action : Applyvvbq 414 / 8 . SY nAs-AA. Plat and /or Resolution Recorded 9-71 History Card Completed tip Filed - dy - at-1 !� ('C _ _ � • Ste"i . • _ _ . . „ . . . _ ai; - ESC ,efagr€estra Pre - application research • Ys ry Pre - application conference ( s ) Application Conference Application submitted : 13 Sn Processing Time Staff Coordination S . P . O . Contact ( s ) c r Z L inks Referral Agency Review Field Check Travel time & reports DPS Recommendation DPS Recommendation Staff Review PC / BOA Meeting Processing subsequent to PC / BOA meeting CC Meeting Processing subsequent to CC meeting Miscellaneous TO: Board of County Commissioners Date: April 18, 1984 Subdivision Exemption # 217 Applicant: PSF Associates 3 Legal Description of Property: Part of the north 1, Section 29, TZN, R67W of the 6th P.M. , Weld County, Colorado. Location of Property: Five (5) miles west of Platteville, south of Colorado Highway 66 and west of WCR 17 The owners of the property described above have requested an exemption from the Weld County Subdivision Regulations under Section 9-3E. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Fall in flood plain or geologic hazard area X Agree with the Weld County Comprehensive Plan X Create new parcels eligible for building permits X Agree with surrounding land uses COMMENTS: This site will be utilized as a dairy farm. No additional building rights are granted with this subdivision exemption. This proposal would identify four (4) lots for financing purposes only. The applicants desire to divide the interests (physical facilities as well as cattle) in the subject site in order to attract investors and capital. ,// 1 1 )-,., 2 res R. Mayerl, CurrAnt Planner FIELD CHECK FILING NUMBER: SE-217 - DATE OF INSPECTION: April 9, 1984 NAME: P.S.F. Associates REQUEST: Subdivision Exemption LEGAL DESCRIPTION: Part of the N1, Section 29, T3N1 R67W of the 6th P.M. , Weld County LAND USE: N Highway 60, crop production and farm residence E Pastute S St. VrainCreek -- -- --- W cattle Feedlot (1 eynolds Cattle-C y)_-_ ZONING: N Agricultural LOCATION: Five (5) miles west of Platteville; EAgricultural south of Colorado State Highway 66 and west of S Agicultural Weld County Road 17 W Agricultural COMMENTS: The site holds an existing dairy operation. Access.to the subject site is from Colorado State Highway 66, a paved road. Improvements consist of eighteen (18) mobile homes, three (3) barns and thirty (30) hseds (ten (10) sheds per barn) . The slope is to the south. es R. Mayer;C rren Planner JRM:4g_ �� m / n — S� I '1 ICJ �°6 \ . o, �pp 01 as o . 1 I o i i l./�Qa��� -t _. �° N h \ , d II 0., C ° i ..77 o o� 1 Sf, l - 4�� 11 A ti l , 1 .,A � .... 30NVH0 i / gi \ ,' "A.H‘-2 Lrejs-, CO HI (� / it - .� j I I 0 0 •n1 I1 i° To T ) \ � o - ��O 9,0 b A l iL D 4 .1 K_ 3 • ,, _ - ' _ , I a V� � _. \ ,. ....,_., k\ 7. , r_., .. , .f -----, Ne ii •lii - / ' , , \:-. <' \ ei, , o Ht 0 NEWMAN E. MCALLISTER ATTORNEY AT LAW SOB MINING EXCHANGE BUILDING 8 SOUTH NEVADA AVENUE COLORADO SPRINGS,COLORADO 80903 TELEPHONE(3031 473-4692 March 22, 1984 Dr): ail , \ `] ,1` l 1 Mr. James Mayerl Department of Planning Services Weld Co. Planning Commission 915 10th Street Greeley, CO 80631 Re: Colorado Dairy Farms Dear Mr. Mayerl: As you know, I represent PSF Associates, a general partnership. PSF owns 140 . 3 acres of land in Weld County. I enclose the following documents in connection with the request for a subdivision exemption under 9-3 of the Subdivision Regu- lations of Weld County: 1 . Ten copies of Application for Subdivision Exemp- tion with attached Addendum and attached Power of Attorney. 2 . My check in the sum of $50 . 00 payable to Weld County. Mr. Johnson will be furnishing you with ten copies of the plat which he has prepared. It was impossible to keep the plat to the suggested size of 11 x 14 . There simply was too much information and we intend to record the plat anyway if this is approved. At the time this property was purchased from Mr. Kurtz in 1982, a subdivision exemption was granted for a small piece of land to the west of this property. This is why I have answered "yes" on that particular portion of the form. Although my client was part of that particular application, it really affected the remaining part more than this parcel. Thank you for your consideration. I request that this letter also be part of the submittal, and I have enclosed an extra nine copies for that purpose. Please call me when you have reviewed this . If you find it to be acceptable, I would certainly like to appear before Mr. James Mayerl March 22, 1984 Page Two the Commissioners for further explanation as soon as possible. Vey truly yours, I Newman E. McAllister NEM/se Enclosures cc: Johnson and Associates Marc Peperzak Brooks Little APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 400 Department of Planning Services, 915 10th Street, Greeley cCt'o]lbf'Qdb' 06334d 1;A 2 3 1%=1 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE c2/ 7 APPL. FEE Sn—Weld Co. Plannina Commission $55 ZONING DISTRICT // RECEIPT NO. X3.3 X% DATE APPL. CHECKED BY .:74/71 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 exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations, by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: North 1/2 Section _ 29 T 3 N, R 67 W 1. See the attached plat entitled "Colorado Dairy Farms Subdivision Exemption," made by Johnson and Associates, Job No. 1-7-8.18. 2. See the attached Addendum which explains the reasons justifying the granting of a subdivision exemption. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No FEE OWNERS OF PROPERTY: Name: PSF Associates, a general partnership Address: 7388 State Highway #66, Longmont, Colorado Phone 535-4626 Name: Address: Phone Name: Address: Phone Total acreage of the Lot 1 - 12.858 acres Lot 3 - 19.774 acres total property involved: (140.300 acres total)Lot 2 - 14.359 acres Lot 4 - 93.309 acres Existing land use of the total property involved: Agricultural - dairy farm Existing land use of the adjacent properties: North:Agricultural - feed lot SoUth:Agricultural - farming farming, East: Agricultural - grazing, West: Agricultural - feed lot pastureland I hereby depose and state under the penalties of perjury that all statements, • proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF WVVW ) EL PASO itha c. M Signature: qvuolgiv Authorized Agent* Subscribed and sworn to before me this ?ant day of March , 1984 , by Newman E. McAllister, attorney in fact for PSF Associates, a general partnership. SEA! JA^tite.a4-- Notary Public 508 Mining Exchange Building 5-16-84 Colorado Springs, CO 80903 My Commission expires: *Newman E. McAllister Attorney at Law 508 Mining Exchange Building Colorado Springs, Colorado 80903 303-473-4892 0 • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That PSF Associates , a General Partnership , doing busi - ness in Weld County , Colorado , reposing special trust and con- fidence in Newman E . McAllister of Colorado Springs , Colorado , has made , constituted and appointed and by these presents do make , constitute and appoint Newman E . McAllister as its attorney in fact . Newman E . McAllister shall have the authority to act on behalf of PSF Associates in connection with real estate owned by PSF Associates in Section 29 , Township 3N , Range 67W of the 6th P . M . in Weld County , Colorado . Newman E . McAllister is specifically authorized to apply for subdivision exemptions , waivers , building permits or any other licenses , permits , and exemptions before any governmental bodies within the State of Colorado . This power is general and broad . The only restriction is that Newman E . McAllister may not transfer , sell , mortgage or en- cumber the real property . This Power of Attorney expires April 30 , 1984 . IN WITNESS WHEREOF , I have signed this Power of Attorney on behalf of PSF Associates , a General Partnership , this _ / day of January , 1984 . PSF Associates A Marcus B . Peperzak A General Partner STATE OF IDAHO ) ss . COUNTY OF TWIN FALLS ) The foregoing Power of Attorney was acknowledged before me by Marcus B . Peperzak , a General Partner of PSF Associates , a Gen- eral Partnership , this ,33"x' day of January , 1984 . c)4(2--« c/ Notary Public Address : vYc�.Cls lcfc� h o My commission expires : /2 . 3/ 85 • ADDENDUM TO SUBDIVISION EXEMPTION FILED BY PSF ASSOCIATES, A GENERAL PARTNERSHIP History - This property was acquired by PSF Associates, a general partnership, from Albert D. Kurtz, on January 29, 1982. It was formerly operated as a com- mercial feedlot. PSF converted it into a dairy farm after constructing sev- eral building and other improvements on the property. It was intended, at the time PSF purchased the property, that the dairy farm would be developed in three phases. The last of the buildings and other improvements will be constructed by June, 1984. The total parcel consists of 140.3 acres. Current Operation - The phases were constructed in order with Phase I at the northerly end of the property being first constructed. Phase II was next con- structed, and Phase III is in the process of completion. Each phase consists of a dairy barn where the cows are milked, maternity sheds, hospital sheds and loafing sheds. Each phase has its own herd of milk cows. The entire fac- ility is managed by Aurora Capital Corporation. For accounting purposes, each phase is a separate operation. The owners of the phases share the common expenses of operation. There are currently approximately 750 milk cows in Phase I and 750 milk cows in Phase II. Approximately 80% of those cows are milked on a daily basis. There are approximately 150 cows that are being milked at the present in Phase III. The goal in Phase III is a maximum of 880 cows with 80% to be milked on a daily basis. The Plat - (Lots) The plat divides Phases I, II, and III into lots 1, 2, and 3, respectively. Lot 1 consists of 12.858 acres, lot 2 consists of 14.359 acres, and lot 3 consists of 19. 774 acres. The final lot is 4, which con- sists of 93.309 acres and is referred to as the "common area." (Easements) There will be mutual easements for utilities and access as shown on the plat. These are numbered as easements 1, 2, 3, 4, and 5. They are necessary because the utilities all come from the north and it is neces- sary to cross lots 1, 2, and 3 to get from certain facilities to the common area. (Deed restrictions) Each lot may be separately conveyed if it is 1, 2, or 3. With such a conveyance, each owner of a lot will own an undivided 1/3 interest in the common area (lot 4) . The original deeds in this exemption will provide that an interest in lot 4 can never be conveyed separate and apart from an interest in the other three lots. This will guarantee that each lot owner (1, 2, or 3) will always have an interest in lot 4 and can never be "land- locked." Purpose of Exemption - The reason for this request is very practical. It has a financial basis. The development of the building and improvements on each phase, the purchase of a herd and start up costs are substantial. The average capital cost exceeds 2.4 million dollars on each phase, not considering the original cost of the property purchased in 1982. Because the expense is so substantial, it typically requires a number of small investors to furnish the capital. This is usually done by a general partnership mechanism. The in- vestments are made by phase and the partnerships operating the three phases are separate entities. In order to attract these investments, the partner- ships insist upon ultimate ownership of not only the cattle, but the physical facilities as well. Exemption Meets Subdivision Regulations - This request is pursuant to 9-3 of the Subdivision Regulations of Weld County. This request does fit within the letter and spirit of that exemption. It will not create a new residential or permanent building site. It is in accordance with the Weld County Comprehen- sive Plan which promotes and encourages agricultural uses within the County. The exemption procedure is not limited in the number of lots that can be created. Conclusion - Approximately 35 people are employed full time in this dairy operation and this will ultimately increase to 55 to 60 employees. Applicant purchases large quantities of feed for this operation from suppliers located in Weld County. The approval of this subdivision exemption will provide: (1) A benefit to the applicant in that it will increase the availability of financing, and (2) benefits to Weld County in that it will provide jobs and economic stimulus for the citizens of Weld County, will perpetuate the Weld County Comprehensive Plan, and will not change the land use of these parcels in any manner whatsoever. . 0 h ' t t S . ch DEPARTMENT OF PLANNING SERVICES • if ,� . IR 1 PHONE (303) 356-4000 EXT. 400 915 10th STREET GREELEY, COLORADO 80631 , O A COLORADO March 23 , 1984 PSF Associates 7388 State Highway 66 Longmont , CO 80501 Re : SE217 -- Request for a Subdivision Exemption on a parcel of land described as Pt . N1, Section 29 , T3N , R67W of the 6th P . M. , Weld County , Colorado . Dear PSF Associates : Your application and related materials for the request described above are complete and in order at the present time . I have scheduled a meeting with the Board of County Commissioners on April 18 , 1984 at 9 : 30 a . m . This meeting will take place in the County Commissioners ' Hearing Room , first floor , Weld County Centennial Center , 915 10th Street , Greeley , Colorado . It is recommended that you and /or a representative be in attendance to answer any questions the Board of County Commissioners members might have with respect to your application . The Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commissioners . It is the • responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the Board of County Commissioners hearing to obtain that recommendation . .j If you have any questions concerning this matter , please feel free to call me . Respectfully , ames R . rl JRM/ch cc : Newman E . McAllister Attorney-at-law 508 Mining Exchange Building Colorado Springs , CO 80903 • • P 397 289 763 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to PSF Associates Street and No. 7388 State Highway 66 P.O., State and ZIP Code Longmont , CO 80501 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom. _ cv Date. and Address of Delivery oo vim. TOTAL Postage and Fees $ • SENDERS. complete items 1, 2, 3, and 4. Lit; Postmark or Date Add your address in the "RETURN TO" space on reverse. c (CONSULT POSTMASTER FOR FEES) co M 3-27 -84 1. The following service is requested (check one). o Kt Show to whom and date delivered rn 0 Show to whom, date, and address of delivery a a. ❑ RESTRICTED DELIVERY (The restricted delivery fee is charged in addition to the return reccipljee.) TOTAL S 3. ARTICLE ADDRESSED TO: PSF Associates (TI 71 , 7388 State Highway 66 Longmont , Colorado 80501 m 4. TYPE OF SERVICE: ARTICLE NUMBER ° ❑7 REGISTERED [] INSURED X ]] CERTIFIED ❑ COD P 397 289 763 v-i - 0 EXPRESS MAIL N (Always obtain signature of addressee or agent) aI have received the article described above. , v SIGNATURE 0 Addressee 0 �. agent } z c• tit 5. - -- � DA • lt‘RY `ta, �y r •ST AR v D\ 7 t Z E. ADDRESSEE ADDRESS (Only if revue 4.9 o in —4 m 7. UNABLE TO QELIVER BECAUSE: a. EMPLOYEE'S LS D F . a • , , . , • , „... _— , 7- e a • Alt Milt Aan • 1Mco h OS6O REr 01881830 02/01 /82 16 : 50 $9 . 00 1 /003 11ory NARY ANN FEUERSTEIN , CLERK & RECORDER, WELD COUNTY , L,0 • ALBERT 0. KURTZ • ' whose address is 13634 Road 17 , Platteville Cs univ of Weld , State of Ls,.. -ni:4 - ..... . re Colorado 80 651 , for the consider'tion ofSEVEN HUNDRED TWENTY-FIVE THOUSAND AND NO/100iidollars• in hand paid. hereby sell(s) and convey(s) to !I PSF ASSOCIATES, a Partnership VT Iwhose legal address is P. 0. Fix 221 , Twin Falls . County of II 83301 Twin Falls anti Suite o! Idahl) / the following real property in ttw li County of Weld • C , and State of Colorado, to wit. Protserty described on Exhibit A attached hereto and by reference ir,cor- I Iposted herein for all purposes . II i 4 also known as street and number 7388 State Highway 66 , Longmont , Colorado 80501 . with all its appurtenk ces, and w irrant(s) the title :o th• c:same, su: ^ to see exceptions (I on EXHIBIT B attached hereto and by reference inrorpora :ed herein for ll pur- I all I Y 1 it ii . M(Le Signed this 11 T9th day of January . 19 82. P , Albert 0. I rfz - r a. . STATE or (N)WRA.'l0. I aa) 4r. i County of Boulder i • ro 0 a. M el The f regwng instri:rnent was acknowledged before me ti.is ?9ttr0 CO day of . 1t22 . by Albert D. Kurtz . r ti. Eft; a)• 4a !>,ty0 sn � e• R �N v% W eiisi. sag ih i . Leal O X .- I '.i i vi ag Q • 1t (/47 { ) x •....• bleary Politic a a. t-- A _ .;041 Aress : SA �i ,(Swat. •.t qty re: _,. 'lion Exput•:___'5 La fto:a En Illitt.irk N. US?. Wane apsS-Ss T a alas Pealean w Int Ave taewa l• CO 41114 4sw) 1234 1 -81 1 - A, i . S I . 1< ' VP . } .: t L s' 7 . r { i i . i it ,. . r -4, 1. - _l r • • • • b OS So REC 01881830 02/ 01 /82 16 . 50 '/ MARY ANN FE 'JERSTEIN , CLERK d RECORDER , WELD COUNIY , CO3 I EXHIBIT A to WARRANTY DIED • GRANTOR : Albert 0. Kurtz GRANTEE : PSF Associates, a Partnership DATE : January 29, 1982 . • A tract of land located in the North one-half of Section 29, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado and being more • particularly described as follows : Beginning at the West one-quarter corner of said Section 29, the Ke along the West line of the Northwest one-quartm- North 000 09 ' 33" East 1629. 26 feet; thence South 880 57 ' 19" East 325. 70 feet; thence North 000 27 ' 02" East 968. 23 feet to a point on the South Right-of-way line of State Highway Number 66; thence along said Right-of-way line and parallel with the North line of caid Section 29, South 890 1S ' 24" East 1345.02 feet; thence South 83° 33 ' 47" East 100. 50 feet ; thence South 890 16 ' 24' East 2811 .44 feet to a point on the centerline of the Saint Vrain Creek ; thence along said centerline the following courses, South 32° 02 ' 38" West 746. 93 feet; South 58c 58 ' 54" West 46' 97 feet; South 840 39 ' 45" West 864 41 feet; South 540 56 ' 04" West 495 2? feet to a point on the South line of the North- east one-quarter of the No! hwest one-quarter of said Section 29; thence leaving said centerline North 890 19 ' 51 " West 1214.89 feet to the Northwest one-sixteenth :orner; thence along the East line of the Southwest one- quarter of the Northwest or.!-quarter of ;aid Section 29, South 000 01 ' 3b' West 781 .80 fee to a point on the centerline of the Saint Vrain Creek; thence alone said centerline the following courses, South 700 04 ' 05" West 392. 85 feet; South 220 45 ' 17' West 312.81 reet; South 070 42 ' 17" West 107.98 teet to a point on the South line of the North one-half of said Section 29; t.Acnce North 890 23 ' 17" West 810. 53 feet to a point of beginning, contair. ng 140. 300 acres more or less. TOGETHER WITH the Kurtz Well No. 1.'-30512 (Colorado Permit No. 30512) adjudicated for 0.635 cfs. in Case Po. W-3873, Water Division No. 1 , State of Colorado; and RESERVING UNTO THE GRANTOR an easement across the property being conveyed for purposes of ingress and egress to the property owned by the Seller and located in the Northwest corner of said Tertian 29 and the reservoir and its appurtenances located thereon; and RESERVING UNTO THE GRANTOR an existing outtct structure on the South end of the reservoir and the existing ditch runni;,y Southerly from that point along the West bouniary of the above-described property to the St . drain River (which outlet - tructure anti ditch are used for purposes of carrying water from the reservot - to the river) ; and .f RESERVING UNTO THE GRANTOR an easement 10 feet in vidth along the West and South boundaries of the above-describes property fo.- purposes of ingress and egress to property owned by the Ciantor and lying tas`erly of the above- described property; and RESERVING UNTO THE G''.ANTOR an 1.-divided one-half interest in and is all oil , gas, mineral and hydrocarbon rigt,ts now owned by him. Ali reservations contained herein are `or the benefit of the Grantor , hi ; successors and assigns. The ;raptor and Grantee agree that it is their intention that t.-'e property boctrdaries described above Le the permanent boundaries of the property and t:iey shall not be Affected by a change in the location of the St . Frain Creek . • 0 .•.._ _ r • P 0960 NEC 01 ( 84 830 02/01 /82 16 5u MAR , ANN rEUEF'^ rEIN , CLERK & RECORDER . Urn/ EXHIBIT 8 to WARRANTY °EEO MANITOR: Albert D. Kurtz • GRANTEE : PSF Associates , a Partnership OATS: January 29, 1982 Subject to easements , rights of way, reservations and restrictions of record , in - cluding the following ; 1 . Rights of way for county roads 30 feet wide on each side of Section and Town- shiE lines recorded in Book 86 at Page 273 . 2. Easeeent and Right of way for St . Vrain Reservoir as evidenced by Map of St. Vrai , Reservoir filed as Reception Mc. 119360. 3. Easement and rignt of way for Wildcat Reservoir as evidenced by Map and State- went of Wildcat Reservoir recorded under Filing no. 170349. 4. Easement and right of way for The Macarthy Reservoir as evidercea by Map and Statement of The Macarthy Reservoir filed under Filing Nn . s38075. 5. Easement and riiht of way for Last Chance Ditch evidenced by United States Geological Sur. .y Maps . 6. Easement and right of way for Seep Drainage Ditch as evidenced by United States Geological Survey gaps. 7 . Easement sad right of way fir McGlynn Citch as evidence! by Mac of McGlenn Ditch 'Sled under Rsreyt,on No . 164444 . 8. Right of way and easement to construct , maintain, inspect, operate. protect . repair. replace, change the size of. aid remove a pipeline for tie transpor- tation of liquids and/or gases on. over, an" through the subject aropr; t; together with the right of unimpaired access to said pipeline aid •' e light of ingress and egress a^, over, and thrnvgh the subject property to, any and all purposes necessary and incident to the rights granted, and U. . right at any time to cosstn,c+ and operate an additional pipeline or pipelines su,'-- st..aatially parallel to the first pipeline constructed as conveyed to aincl +ir Pipeline Caged/ by instrument recorded in Book 1641 at Page 465 as Reception Pb. 1403986. 9. Sixteen foot easement on the West side of NWT of NMI of Section ?9. except the West 9!0 fat thereof, as aisciosed by Warrant) Deep recorded in Book 61?, as Reception Nle. 1333646. 10. Easement amd right of way for pipeline purposes, as .rant od to Central Weld County Water District in iastnament recorded in took 710 as Reception no. t5323S1 , affecting the following described proper ;v - Permanent Easement: A 30.00 foot wide perms ant easement across a portion or the NVIr of the Al: of Section 29. Township 3 North. Range 67 hest of the him; P.M. , County of Weld , State of Colorado , more particularly ‘+scribed as being the West 3L.CG feet of said Northwest corner. Together with: Temerary Easement : A temporary easement tor the iusatiun of pipelkre construction only for a,. additional strl, of land 20- 11 feet wide whicn shall lie East of and contigu- ous with that certa ►r. Permanent easement described ab ve. The said lints rf the preceding easements hall be prolonged or roreshortenr so as to res.; t ►u ` a continuous easement �h 'ougho;�L and so as to terminate of the boundary lines of the Grantor. 11 . Oil and Gas Lease t: -.weer Albert D. Kurtz and T . S. Pace , recorded in Book 6c2 as Reception No. 1544075, and any and al ; assignments therefor or interests 4 therein. NOTE: Extension of , re above Lease as clammed by affidavit , recorded td- Production Co . in Baot 759 as Reception No. 1680952 . fir 12. Oil and Gas Lease b :tween Albert D. Kurtz and Amoco Production Co. recorded in Book 718 as Reception :.o. 1639747 , and any and all assignrrents therefor , or interests therein. MOTs : Extension of the ahrde Lease as claimed by affidavit recorded by Amoco Production Co . in Book 7<i as Reception go . 1683983 . a. 13. And , taxes for 1982 ant Subsequent years which Gra.stee assures a^.1 a. yes tc pay. 14 . Any ri . ►ts , interest cr easements in favor of the State of ;.olorauo , the United States of America . or the gentral Public , which exist or are claimed tc exist ti in and over the waters and present and pact bee and banns of St /rain River. • ♦ ) . a • • File contains oversized map Please see original file Hello