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Home My WebLink About860774.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 904 - JOSEPH AND KATHY NAAB AND MICHAEL AND DAVID NAAB 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 request for Recorded Exemption No. 904 was submitted by Joseph and Kathy Naab and Michael and David Naab for property which is located in the SEa NWa, Section 3 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 21 acres and 21 acres. WHEREAS, after viewing the evidence presented and hearing the testimony of those present, and having reviewed the recommendation of the Weld County Planning staff, the Board deems it advisable to deny said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption No. 904 be, and hereby is, denied for the following reasons: 1. The proposal is inconsistent with the intent of the Agricultural Zone District. Agriculture is considered to be a valuable resource of Weld County which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone District is intended to provide areas for the conduct of agricultural activities without the interference of other incompatible land uses. The soil on the majority of the existing 41. 5-acre parcel consists of Nunn Loam. This soil is designated by the Soil Conservation Service as prime agricultural soil. 2. The proposal is inconsistent with the Comprehensive Plan. The Comprehensive Plan encourages proposals for new residential developments to receive the approval of local jurisdictions. Referrals were sent to both the Town of Erie and the Tri-Area Planning Commission. A recommendation of denial was received on July 21 , 1986 , from Henry M. Epstein, Director of Community Development for the Town of Erie. He stated that this request is not compatible with the interests of the Town of Erie and appears to be a circumvention of normal subdivision 860774 Page 2 RE: DENY RE #904 - NAAB requirements . The Tri-Area Planning Commission, in a letter dated July 7 , 1986 , also recommended denial of this request. 3 . The proposal is inconsistent with efficient and orderly development. The existing 41 . 5 acres is an existing internal lot with no direct public road access. The property is essentially land locked except for an eight foot wide by one-fourth mile long access easement onto Weld County Road 7 . To split this land further would only compound the inefficient and inorderly development of the parcel. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D. , 1986 . 424 BOARD OF COUNTY COMMISSIONERS vv.ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Jacquel ' nso - Chairman BY _ O yit--7a/ Go . ac , -Tem D puty County Cl k VV EXCUSED DATE OF SIGING (AYE) APPROVED AS TO FORM: Gene R. Brantner L lei C.W. Kir/ �� s County Attorney77%/141//7177/rd% Frank uchi 860774 DEPART'. -NT OF PLANNING SERVICES ‘, a s PHONE(303)356-4000-EXT. 4400 915 10th STREET GREELEY,COLORADO 80631 D Y 0 '14 COLORADO July 30, 1986 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #904 Dear Commissioners: this request for a recorded exemption is submitted by Joseph and Kathy Naab, Michael and David Naab. The parcel of land on which this request is being made is described as the SEy NW} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado. The property is located 2.5 miles west of the Town of Dacono on Weld County Road 7. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 20.75 acres and 20.75 ' acres, more or less. The applicants wish to divide the parcel for the purpose of family farming and to build two single family houses, one on each parcel of land that would be created. - The proposal is inconsistent with the intent of the Agricultural Zone district. Agriculture is considered to be a valuable resource of Weld County which must be protected from adverse impacts resulting from uncontrolled and undirected residential land-uses. The Agricultural Zone district is intended to provide areas for the conduct of agricultural activities without the interference of other incompatible land-uses. The soil on the majority of the existing 41.5 acre parcel consists of Nunn Loam. This soil is designated by the Soil Conservation Service as prime agricultural soil. 860774 Board of County Commissioners July 24, 1986 Page 2 - The proposal is inconsistent with the Comprehensive Plan. The Comprehensive Plan encourages proposals for new residential developments to receive the approval of local jurisdictions. Referrals were sent to both the Town of Erie and the Tri-Area Planning Commission. A referral was received on July 21, 1986, from the Town of Erie. Henry M. Epstein, Director of Community Development for the Town of Erie, stated that this request is not compatible with the town's interests and appears to be a circumvention of normal subdivision • requirements. The Tri-Area Planning Commission, in a letter dated July 7, 1986, the towns also recommended denial of this request. - The proposal is inconsistent witn efficient and orderly development. The existing 41.5 acres is an existing internal lot with no direct public road access. The property is essentially land locked except for an eighty foot wide by one-fourth mile long access easement onto Weld County Road 7. To split this land further would only compound the inefficient and inordarly development of the parcel. The approval of this landsplit may encourage requests to subdivide neighboring properties in the vicinity. Scattered residential development in rural areas necessitates an increased demand for education facilities, roads and bridges, utilities, police and fire protection, and other services. The cost of providing services and the conflicts between rural and urban land uses can be reduced if Development is encouraged around existing population centers. Respectfully, 7 . _, ../avier .„/„.c „.3,0 with tchuett Current Planner DEPARTMENT OF PLANNING SERVICES -RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant : Joseph and Kathy Naab Case No: RE-904 _Legal Description: SE} NW} of Section 4, TIN, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 20.75 Small Lot Size: 20.75 Criteria Check List Meets Criteria Yes No X 1 . Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. X 6. Complies with the Weld County Comprehensive -Plan. X 7. Consistent with efficient and orderly development. X E. Lots accessible from an existing public road. X 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11. Lots are not part of a retarded exemption approved within less than five (5) years previous, are not Tart of a subdivision, or are not Tart of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. DISAPPROVED It is the opinion of the Department of Planning Services that the applicant has not met the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations and a hearing before the Board of County Commissioners has been scheduled for July 30, 1986, to consider the application. Aate /-? By /J7 ,:?�/ f Date ' Current Planner FIELD CHECK FILING NUMBER: RE-904. -DATE OF INSPECTION: July 25, 1986 NAME: Naab REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SE} NWi of Section 4, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2.5 miles west of Dacono LAND USE: N Farmland E Farmland S Farmland W Farmland, 4 residences, Weld County Road 7 ZONING: N Agricultural E Agricultural S Agricultural W -Agricultural COMMENTS: Access to the property is from a one-fourth mile-long private dirt road which leads directly to the well -site. Oae dwelling exists on the site along with a variety mf equipment which appears to be stored. Three calves, two cows, and one horse were observed on site. The majority of the 40 acres is in crop production; a small portion is pasture. 'The remainder is the area supporting the residence and well. By: ViL�l V k L - Gloria . Dunn Corr' n IPlanner ) p0 _/^ / 7I Po -- � if I �` it_z____,;„• ±) % I �. � / ti *• - I I r , I 4 .----17) N __ 'I, ,..,-- , i h.. 0 o 0 y I w M le ll _ %Ir \.\ a 5047( 505 • __ J /\/ ',TA . n l�' / .--7-;_r\ \11 P Y F� ��1 77AL (14 / ( _1 9/// Pte\ / y-- L/ // � i ( �_' Well L ji i �� I � a spy �� G YMOI150fI AMn �� ) �y /�� Y '?25I T / 1 / .� I- r s p\ I f soya rte. — �_ �I; / I1- .___ ei3lmot mM©e) i V ( s.(./e4.4.,4,m+44+ Late Coal �_ --� ) / /� ,� • � �M�.f 0119 __ smo T _ SIW V —�� '�\ / 5/00 J( 5100 r li off/ � ; � ti _ ( S , ;,,� _ , 16 1 r _ /�� 15 % - 14/ / \._ sT➢i _ la (� . i� National -ro 1 �j / 1 1 l • V� i`- .� �i \\� 1.J ' 'o ll / \\ v\ o g a te•Mi 1 / / / _ � 545 6M —k 5, _A .520a� �.n �� • — 5)�5 y II 1111 ( — _ .V /----------,.... 4/ e ,:r z'tom ' / - b' / / __ �c°/ --� — _i �� betas l p 1-_ 96J� RECORDED/SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW IOW SHEET CAS£ ik--��---f-=- �� COUNTY COMMISSIONERS MEETING E DATE/:</ f� /��/ APPLICANT: 5 c Ph Ce- /4} 4/ JV ��1 8 REQUEST: irr LEGAL: Sr /y /V Kilt s -� -- /6 P 144 703 LOCATION: /�DATEJ G/ 5Y Application Received tom Application Complete Letter to Applicant Drafted Referrals Listed /9— b r 4�LC File AsBembled - 1R -$io 0,3\ Letter to Applicant Mailed 6- -$b Referxals Mailed In -CR -g in Chaindexed "' \l" 1, to DES Recommendation Completed Action: Plat an-d/or Resolutian Recorded History Card Completed Recorded on Maps and/or Filed fl Ot F V REFERRAL LIST APPLICANT: Joseph and Kathy Naab CASE NUMBER: RE-9O4 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 1, 1986 NO SR NR NO SR NR County Attorney . / X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt L� N Tri-Area Planning Commission Attention: Rebecca E. Marker P.O. Box 363 Frederick, CO 80530 / X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80530 V r' X Town of Erie Attention: Henry M. Epstein P.O. Box 100 Erie, CO 80516 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response talc) Hi pup r lupeTo Weld County Planning Date June 27, 1986 COLORADO From Health Protection Services aa- e c Subject. Case Number: RE-904 Name: Naab, Joseph & Kathy Health Protection Services will require the following for this proposal: 1. Weld County Septic Permit is required for the proposed new house and septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. By Direction of Ralph R. Wooley, M.D. g( :._ -'-It._-.111/Y "1n I ^ .I 7 986 Held CO. 2lamng Cnm ussim, (i DEPARTMENT OF PLANNING SERVICES rift , PHONE(303)3564000 EXT.4400 Y 915 10th STREET GREELEY,COLORADO 80631 4dr } I4 cm Yt Vd .',s t1 A.3, P , +>t e „ ,,...• CASE NUMBER RE-9O4 COLORADO June 18, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Joseph and Kathy Naab for a Recorded Exemption. The parcel of land is described as SE} NW} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2i miles west of Dacono. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 1, 1986, so that full consideration July we may give " nsa era ion to your recommendation. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: 4. XX Please refer to pile enclosed letter. Signed ��. / 7/4> Agency: Tri -Area Planning Commission Secretary I. Date: July 2 , 1986 Thank you very much for your help and cooperation in this matter. 7)a IV 11 O7' Keith Schueet Current Planner 1983 • .1 s ci . ai,,wm0 biummission • Tri-Area Planning Commission P . 0. Box 363 Frederick , CO 80530 July 2 , 1986 Mr. Keith Schueet Current Planner department of Planning Services 915 10th Street Greeley , CO B0631 Dear Mr . Schueet: At our regular meeting of the Tri-Area Planning Commission held on July 1 , application from Joseph and Kathy Naab for a Recorded Exemption for the parcel of land approximately 2 1/2 miles west of Dacono was on the agenda . In looking at the site plans this Commission could not see how they plan to continue to conduct a agri business with an oil well in the middle of the property and half the acreage as opposed to what is being farmed now . Under these circumstances and the fact that Joseph nor Kathy Naab were present to answer questions application was denied . Should you have any further questions , please don ' t hesitate to call . Sincerely , /X -Rdbecca Marker _Secretary Tri-Area Planning Commission rm -1Yh C 217 / ' �� /o- d . aD7 C 'Neid i o. Plari;mig Oumoiiss!ou RICHARD D. LAMM IS �y X o, Governor N 91 JERIS A DANIELSON \�*�� i State Engineer 87_6,;4:7 _OFFICE OF THE STAT-E ENGINEER DIVISION OF WATER RESOURCES _. 1313 Sherman Street-Room s18 Denver, Colorado 80203 (303) 866-3581 July 14, 1-986 Mr. Keith A. -Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Naab Exemption, RE-904 SE1/4 NW1/4, Sec. 3, TIN, R68W Dear Mr. Schuett: We have reviewed the above referenced proposal to separate 41 .-5 acres into two lots and to share a common well . Well permit number 14236-8 has been previously issued as the -only well on 35 acres to serve two single-family dwellings. In order to assure that a permanent water supply will be available on an equitable basis to either lot, we require the following: 1 . -The well should be located on an outlot owned in common by all property owners using the well . Access to the well and the right to -establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should to jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning -management and operation of the well . A joint maintenance agreement is a required part of such an association. If the above provisions are met, we can recommend approval of this proposal . If the applicants wish to obtain a new well , we would require more information. Sincerely,9 Hel D. Simpson, P.E. "1 HDS/JCM:ma/7788H Deputy State Engineer \ cc: Alan Berryman, Div. Eng. 4 S 1986 Steve Lautenschlager U Weld Co. Planning Cnmmissiae RECDJUN 1 91986 DEPARTMENT OF PLAN-NING SERVICES if ?5: 3 PHONE(303)356-4000 EXT.4400 s . ` i 131510th STREET �' GREELEY,COLORADO 80631 sec, 91 Zide ®, v `''-- .' • CASE NUMBER RE-904 COLORADO June 18, 1986 TO WHOM IT MAY CONCERN: Enclosed is -an application from Joseph and Kathy Naab for a Recorded Exemption. The parcel of land is described as SEL NWT of Section 3, T1N, R68W of the 6th -P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2} miles west of Dacono. This application is submitted to your office for review and recommendations. Any -comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not -received within fourteen (14) days of -mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 1, 1986, so that we may give full consideration to your recommendation. 1 . We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. X -We do not have Na�Comprehensive Plan, but we feel this request / ,/26t' (is/is not) _compatible with the interests of our town for the following reasons: lf-trrnfvf941.1iif9f' r vire execMP 'C; presmetzm 4chmV' ,, art oiisso/ilkn., %n my ocin1,"Yt . c ircvJnfrr rtto of no 's_4h.4*%4IA74_ re-v ur.rsaega -A 3. formal recommendation is under -consideration and will be -submitted to you prior to: 4. Please�refer to the enclosed letter. Signed: lelifit lZ>eicai, Dhrygl_ Agency (�H�Date: l7-Wl Thank you very much for your help and cooperation in this matter. i 7 /let ,% � � Keith Schueet L177 (2412/C 6G(L�7(�LL l� Current Planner /4i-t .( 07 D gC ti.1'!_ [1 ,,I!i_ 19E6 �• —76:::::::1141—:“..,,, v �/ r��-t iWeld Co.Mlanning Commission Joseph & Kathy Naab Michael J & David F Naab 5616 Weld County Rd 7 Erie , CO 80516 April 14, 1986 Department of Planning -Services Weld County 91-5 10th Street Greeley, Colorado 80631 Dear Sir/Madam: Enclosed is our Application for -Recorded Exemption forwarded for your consideration. On October 5, 1985, we purchased 41 .5 acres land parcel at 5616 Weld County Rd 7, _Erie , Colorado for the purpose of family farming and to build two single family houses, one on each parcel of land. To accomplish our goal we realized that we need a permission to divide the land into two units, each unit approximately 20.75 acres for a purpose of family farming. In conformance with the instruction outlined under the Application Requirements in your Weld County Department of Planning Services' Recorded Exemption Procedural Guide , we offer the following documents and statements in support of our request for dividing the land into two units . 1. A completed Application for -Recorded Exemption is attached as ATTACHMENT No. 1 2. A copy of the recent Security Title Guarantee is offered in lieu of the Certificate of Conveyances, see ATTACHMENT No. 2 3. A copy of a deed is attached as -ATTACHMENT No. 3 4. As stated. earlier , we purchased this land as a family farm unit . To preclude a family feud in the _future, now we decided to divide the land in two equal parcels, thus to enable us to build a single family house on each parcel. 5. To the best of our knowledge and belief, the following statements are true and correrr : - the proposal to divide the land is consistent with the policies of the Weld County Comprehensive -Plan. - the proposal is consistent with the intent of the zone district in which the subject property is located. - as stated above , our intentions are to continue farming as a family unit and to build two single family houses on two equal parcels . We feel that the proposed uses are compatible with existing surrounding land uses. — Because our intended uses are basically to maintain a family farm, the proposed uses should be compatible with the future development of the surrounding area as permitted by the existing zone and with the future development ns projected by the comprehensive plan of the County of the adopted master plan or affected municipalities. - The proposal to continue farming on two equal parcels, 20.75 acres, and to 'build two single family houses as residences, one on each parcel , in an orderly manner , will not be inconsistent with efficient and orderly development . - disposal of water and sewage for two houses will be thru the septic tank and leech field for each house. - the property under consideration for a recorded exemption is not located in a flood plain , geologic hazard, and/or Weld County Airport overlay district , this application complies with section 50 overlay district regulations as outlined in the Weld County Zoning Ordinance . In conclusion , we feel that our request to divide the land into two equal size parcels for family farming and to build two single family houses is rased on -sound judgement and Timm convictions to maintain family lamming as an ongoing entity. A map of a property is enclosed as ATTACHMENT No. 4. Should you have any questions concerning this subject matter, phase contact us at 423-0983 or 833-4814. Sincerely, a 1/4,4 jr;G/1;✓c rc— t J - J`a ct( MIC-HAEL J NAAB OSEPH NAAB 3 --7(- 1'(/4 DAVID 5 NAAB KATHYONAAB P.S. Burveyor's Certificate will be acquired upon favorable consideration on request . r WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORABO ) COUNTY OF WELD ) The LONGMONT TITLE COMPANY, INC. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has -made a careful search of its records, and finds the following conveyances affecting the real estate descri-bed herein since August 30, 1972. LEGAL DESCRIPTION: Southeast 1/4 Northwest 1/4 of Section 3, Twonship 1 North, Range 68 West of the 6th Principal Meri-dian; County of Weld, State of Colorado. • CONVEYANCES (if none appear, -3O state) : Reception No. 1830823 , Book 909 Reception No. 1912709 , Book 985 Reception No. 1912892 , Book 985 Reception No. 2028160 , Book 1087 Reception No. , Book RPception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department tf Planning Services of Weld County, Color-ado. This Certificate is -not to be construed as an Abstract of Titl-e nor an opinion 'of Title, nor a guarantee Title, and the liability of LONGMONT TITLE COMPANY, INC. COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, LONGMONT TITLE COMPANY, INC. COMPANY has caused this certificate to be -signed by its proper officer this 4TH day of April , A.D. , 1986 . at 8:00 A.M. o'clock. �ii-?i!'n• -` •Ir ��l• _ 1 .11' ^, �� "" "- _ LONGMONT _TITLE COMPANY, INC. .. i ) NCO COMPANY 4 Weld Co. Planning Zummisso By: �� J C�?/Ca ��' ' .f�Zl/Ih AUTHORIZED SIGNATURE State of Colorado County of Boulder The foregoing instrument was acknowledged before me this June 27, 1986, by Debra Lee Rodman Title Officer for Longmont Title Company, Inc. Witness -my hand and official real, M,r Commission Expires January 30, 19-87 \\ NOTAR �� \ ' , ,CSI 20 Mountain View, T,ongmoht, CO 80501 APPLICATION FAR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado S0631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE VAC CASE NO. RECORDING FEE I ZONING DISTRICT RECEIPT NO. Iy ;`1I DATE APPL. CHECKED BY TO LE 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: Southeast 1/4 North {C 1/4 of Section 3 Township 1 North, -Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado TOTAL ACREAGE: 41.5 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No Unknown Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: JOSEPH & KATHY NAAB, Joint Tenants Address: 7693 Webster Way, Arvada, CO 80003 Phone: 423-0983 Name: Michael J. & David F Naab, Joint Tenants Address: 5616 Weld County Rd 7 , Erie, Colorado 1o1// phone: 333-4814 Name: Address: Phone: WATER SOURCE: Larger Parcel irrigation/wellSmaller Parcel well/irrigation TYP-E OF SEWER: _Larger Parcel septic _Smaller Parcel septic PROPOSED USE: Larger Parcel family farmintaller Parcelfamily ₹arming ACREAGE: Larger Parcel 20 . Smaller Parce120 . 75 No Yes 2 bdrm fi cuss EXISTING DWELLINGS: (Yes or No) (Yes or No) 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. COUNTY OF ST-ATE OF COLORADO ) i��.�7tCP �//12L2--cam Signature;_- Owner or Authorised Agent Subscribed And sworn to before me this Aar day of Art,�,./ , 197C . (SEAL) Notary Public p r� My Lommission Expires 3/?/c'7 7879 W2dswortn BIv6. 77 "sub n, ,";x,-88883 .rigy//L/1/t// POLICY NO: B17103 OWNER'S TITLE INSURANCE POLICY TIE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE BALTIMORE, MARYLAND SUBJECT TO THE EXCLUSIONS FROM COVERAGE.THE-EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, THE SECURITY TITLE GiJARAN- TEE CORPORATION OFI3ALTIMORE,herein called theCompany,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any idefect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land In Witness Whereof,The Security Title{ uarantee Corporation of Baltimore has caused its corporate-name and seal to be hereuntoaffixed,the Policy to become valid when countersigned by an authorized officer oragent of the company. THE SECURITY TITLE GUARANT --E E CORPORATION OFBALTIMORE By: /J✓ LL Cl G� C(OU�NT�E'RSIGNED: Reciaem o�ia Y� �GCC//Jc f 'f Attest��, Authorized Signatory Secretary t ',s\ .its, +42 {gl LONGMONT TITLE COMPANY 20 Mountain View P.O. Box 2058 Longmont, Colorado 80501 (303) 651.1-401 Metro 443.1011 Agent For , P-M, Inc. ST 200 � it , , �c,�ecz�ie o� xc uslons irom overage The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance-Dr governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,liimensions or loca- tion of any improvement now or hereafter erected on the land,er prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance orsovemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice-of the exerciseofsuch rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created,suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but-known to the insured claimant either at Date of Policy or at the datesuch claimant acquired_an estate or interest insured by-this policy and-not-dis- closed in writing by-the insured claimant.o the Company prior to the date such insuredzlaimant becameen insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage whizh would not-have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Conditionsand Stipulations 1. Definition of Terms title to the estate or interest, as insured, is rejected as un- The following terms when used in this policy mean: marketable. it such prompt notice shall not be given to the lal "insured' •. the insured named in Schedule A. and, sub- Company, tnen as to such insured all liability of the Compa- lect to any rights or defenses the Company may have hail ray sh,l l I Cease and terminate in regard to the matter or mat- against the named insured. those who succeed to the in- ters for w'tpch such prompt notice is required; provided, how- terest of such insured by operation of law as distinguished ever, that 'a,lure to notify shall in no case prejudice the from purchase including, but not limited to. heirs. distn- lights of any such insured under this policy unless the Com- butees, devisees. survivors, personal representatives, next pony shat i be prejudiced by such failure and then only to the of kin, or corporate or fiduciary successors. extent of such prejudice. dal "insured claimant";an insured claiming loss or damage fcl The Company shall have the right at its own cost to in- hereunder. stitute and without undue delay prosecute any action or Id) "knowledge actual knowledge, not constructive know- proceeding or to do any other act which in its opinion may ledge or notice which may be imputed to an insured by rea- be necessary or desirable to establish the title to the estate son of any public records, or interest as insured, and the Company may take any appro- Idl "land the land described, specifically or by reference prate action under the terms of this policy, whether or not in Schedule A and improvements affixed thereto which by it shall he liable thereunder, and shall not thereby concede law constitute real property: provided, however, the term labli Hy or waive any provision of this policy. "land" does not include any property beyond the lines of Idl Whenever the Company shall have brought any action or the area specifically described or referred to in Schedule A, interposed a defense as required or permitted by the provi- nor any right. title, interest, estate or easement in abutting sions of tins policy, the Company may pursue any such liti- streets, roads, avenues, alleys, lanes, ways or waterways, gation to final determination-by a court of competent juris- but nothing herein shall modify or limit the extent to which a diction and expressly reserves the right, in its sole discre- right of access to and from the land is insured by this policy. Lion, to appeal from any adverse judgment or order. lel "mortgage mortgage, deed of trust, trust deed, or other iei In all cases where this policy_permits or requires the security instrument. Company to prosecute or provide for the-defense of any Ifi "public records those records whichby law impart con- action or proceeding, the insured hereunder shall secure to structive notice of matters relating to said land- the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and per- 2. Continuation of Insurance after Conveyance of Title sit the Company to use, at its option. the name of such in- The coverage of this policy shall continue in force as of sured for such purpose. Whenever requested by the Company. Date of Policy in favor of an insured so long assuch in- such insured shall give the Company all reasonable aid in sured retains an estate or interest in the land, or-holds an any such action or proceeding, in effecting settlement, se- indebtedness secured by a purchase money mortgage given curing evidence, obtaining witnesses. or prosecuting or de- by a purchaser from such insured, or so long as such in- fending such action or proceeding, and theCompany shall sured shall have liability by reason of covenants of warran- reimburse such insured for any expense so incurred. ty rnadeby such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall .not continue in force in favor of any purchaser from such in- j 4. Notice of Loss — Limitation of Action sured of either sard estate or interest or the indebtedness In addition to the notices required under paragraph 31bl of secured-by a_purchase money mortgage given to such insured. these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is 3. Defense and Prosecution of Actions—Notice of Claim liable under this policy shall be furnished to the Company to be Given by an Insured Claimant within 90 days after such loss or damage shall have been Jai The Company, at its own cost and without undue-delay, determined and no right of action shall accrue to an insured shall provide for the defense of an insured in all litigation claimant until30 days after such statement shall have-been consisting of actions or proceedings commenced against furnished. Failure to furnish such statement of loss or da- such insured, or a defense interposed against an insured in mage shall terminate any liability of the Comapny under this an action to_enforce contract for a sale of the estate or policy as to such loss or damage. interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other 5. Options to PayMr otherwise_Settle Claims matter insured against-by this policy. The Companyhall The insured shall notify the Company promptly in writing pa ray shall have the option today or otherwise ri in case any action or proceeding is begun or-defense is settle for or in the name of an insured claimant any claim in- interposed as set forth in lal above, (ii) in case knowledge the against or to terminate all liability and obligations of Company Company hereunder by paying or tendering payment of shall come to an insured hereunder of any claim of title or the amount of insuranceander this policy together with any interest which is adverse to the title to the estate or interest, costs, attorneys' fees and expenses incurred up to the time as insured, and which might cause loss or damage for which of such payment or tender of payment, by the insured claim- the Company may be liable by virtue of this policy, or (nil if ant and authorized by the Company. ICondumns and Stipulations Conhnuedand Concluded on Last Page of This Policy) r 4. ALTA Owner's Policy——Standard Form -1970 (Amended 10/17/70) Schedule A THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE Policy No. Date of Policy 817103 8573 October 11, 1985 at 8:00 a.m. Amount of Insurance: 83 non nn 1. Name of Insured: JOSEPH NAAB and KATHY NAAB, DAVID F. NAAB and MIKE J. NAAB. 2. Title to the-estate or interest covered by this policy at the date hereof is vested in the insured: 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is a fee 4. The land referred to in this policy is located in the County of Weld State of Colorado and described as follows Southeast 1/4 Northwest 1/4 of Section 3, Township 1 North, Range 68 West of the 6th P.M. This Policy is valid only if Schedule B is attached along with ALTA Owner's-Policy Form B 197O (amended 1O-177O) and countersigned by an authorized signatory. ST 200 • tarn ALTA Owner's Policy — — Standard Form B— — 1970 (Amended 10/17/70) Schedule B THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE Policy No. B17103 8573 This policy does not insure-against loss or damage by reason of the following: Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements. or claims of easements, not shown by the public records. (c) Encroachments,-overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien. or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law and not shown by the public records. Special Exceptions: 1, Taxes and other public charges including assessments "y any court y municipal!/ metropolitan district or commission payable on an annual basis have been paid through the$�Sc4$year ending 1984 , However. this policy does not insure against possible further tax levies nor against such pubic charges. assessments or the balance thereof, for existing or proposed improvements whether levied or assessed or to be levied or assessed. 2. 1985 Taxes, a lien, not yet due or payable. 3. All Mineral lands should any such be found to exist but this exclusion and exception according to the statute should not be construed to include coal and iron lands, recorded March 18, 1897 in book 153, page 40. 4. Reservation by Union Pacific Railroad Company of all coal and other minerals, the right to prospect for and remove such minerals, and the right of ingress and egress for the aforesaid, in deed recorded June 4, 1902 in book 201, page 1. • 5. The right to construct and maintain ditches and laterals over and across said land, as reserved in deed recorded May 28, 1910 in book 320, page 179. 6. Agreement concerning the removal of coal from said land, of an unspecified term, recorded March 24, 1928 in book 820, page 579. 7. An Oil and Gas Lease, and any and all assignments thereof, dated November 25, 1970, executed by Union Pacific Railroad Company, as Lessor and Pan American Petroleum Corporation, as Lessee, for a term of five years, recorded December 21, 1970 in book 637, Reception No. 1559254. 8. Mineral Deed to Champlin Petroleum Company for all oil, gas and other minerals, recorded May 14, 1974 in book 715, Reception No. 1636514. 9. Easement granted to Amoco Production Company for gas line and fuel gas line over and across the North 50 feet of said land, recorded January A pplic V ton lao. 24, 1975 in book 731, Reception No. 1652762 and June 28, 1-976 770, Reception No. 1692383, ADPIOVeda, 5T-200 1 r__. . . _. i� INCLUDED IN AND FORMING PA..r OF THE SECURITY TITLE GUAR-AN'IL . CORPORATION OF BALTIMORE POLICY-NO. B17103 8573 10. The access as conveyed in deeds _recorded December 29, 1982 in book 985, -Reception No. 1912709 and January 3, 1983 in book 985, Reception No. 1912892 is not insurable. 11. A Deed of Trust to secure an indebtedness in the original amount of $68,000.00, dated October 4, 1985, recordedOctober ID, 1985, Reception No. 2028161. Grantor: Joseph Naab, David F. Na-ab, Kathy Naab and Mike U. Naab. Trustee: Public Trustee. Beneficiary: David 1,. Alcott, Donald L. Alcott and Darlene K. -Alcott. THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE Authorized Officer or Agent "". ST 100 P.M. INC. - Tit *ow (Conditions and Stl ou lati one Continued and Concluded From Reverse Side of Policy Face) 6. Determination and Payment of Loss of such insured claimant, such act shall not void this policy, lal The liability of therompany under this policy shall in no but the Company, in that event, shall be required to pay on- case exceed the least of: ly that part of any losses insured against hereunder which (II the actual loss of the insured claimant: or shall exceed the amount, if any, lost to the Company by (ill the amount of insurance stated in Schedule A. reason of the impairment of the right of subrogation. ,bl The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon_an insured in 12, Liability Limited to this Policy litigation carried on by the Company for such insured, and This instrument together with all endorsements and other in- an costs, attorneys' fees and expenses in litigation carried struments. if any, attached hereto by the Company is the en- on by such insured with the written authorizatron of the tire policy and contract between the insured and the Company. Company. Any claim of loss oriiamage, whether or not based on negli- Icl When liability has been definitely fixed in accordance gence, and which arises out of the status of the title to the with the conditions of this policy, the loss or damage shall estate or interest covered hereby or any action asserting be payable within 30 days thereafter. such claim, shall be restricted to the provisions and condi- tions and stipulations of this policy. No amendment of or 7. Limitation of Liability endorsement to this policy can be made except by writing en- No claim shall arise or-be maintainable under this policy dorsed hereon or-attached hereto signed by either the Presi- lal if the Comapny, after having received notice of an alleged dent, a Vice-President, the Secretary, an Assistant Secrete- defect, lien or encumbrance insured against hereunder, by ry, or validating officer or authorized signatory of the litigation or otherwise, removes such defect, lien or encum- Company. brance or establishes the title, as insured, within a reason- able time after receipt of such notice: 13. Notices, where Sent Ibl in the event of litigation until there-has been a final de- All notices required to be given the Company and any state- termination by a court of competent jurisdiction, and dispo- merit in writing required to be furnished the Company shall sition of all appeals therefrom adverse to the title, as in- include the number of this policy and shall be addressed to sured, as provided in paragraph 3 hereof, or its Home Office, 6 South Calvert Street, Baltimore, Maryland 21202. lcl for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 6. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Comapny. 9. Liability Noncumulative It is expressly understood that the amount of insurances under this policy shall be reduced by any amount the Company may pay under any policy insuring either (ala mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or Ibl a mortgage hereafter executed by an insured which is a charge or lien on the-estate or interest described or referred to in ScheduleA and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said in- sured owner. 10. Apportionment If the land described in Schedule A consists of two or more • parcels which are not used-as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy. unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsementattached hereto. 11. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company un- affected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and re- medies which such insured claimant would have had against any person or property in respect to such claim had this po- licy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company-all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be-subrogated to such rights and remedies in the proportion which said payment bears to }�' r , �' 1 the amount of said loss. If loss should result from_any act .c �}'..v5;a«°",w .�' ' friCrin''`�"°'''�ap-,�i '��;"t . A. U. 19 at DEPUTY. f , record the _.. ._ .Isy of - fly _. ,o No. FILI\G STAMP dap of October . \ IS an vndividt 1985 -between DAVID L. ALCOTT, as to '3 inter>st, DONALD C, ALCOTT. , as to an undivided 1/3 )terest and DARLENE K. ALCOTT, as to an undivided 1/3 Merest anti State of County of Weld the NAAB and KATHY NAAB, as to a J. NAAB, part,and JOSEPH NAAB and MIKE r�. d:a.;. Ioin,l,,, f the fiat with rights of survivCrship and DAVID F. of survivorship tenants undivided 1/2 q as joint tenants with rights ,Dint interest as to an .hose legal address is and State of Colorado,of the second part:• Comity of .f thepart,for in consideration of the sum of DOLLARS. THOUSAND AND NO/100*"" ($83,000.00) *""`*"******* O'I'T�F:StiETp, That the said party°f the first p: the receipt whereof is hereby *****EIGHTY THREE paid by the said party of the second part. grant, bargain, sell. part in hand these presents aces to the said party of the first ranted, sold and conveyed, and by all he following . \acknowledged and confessed, has bargained, g art, his heirs and assigns forever, convey and confirm, unto the said party of the second part, in the - sels. ibe Y of land, situate, lying and being or parcel e 68 West of the described lot and State of Colorado, to-wit: Rang County of Weld 4 1 4 of Sestina 3, Township 1 North, Southeast 1/4 Northwest / 6th Principal Meridian, • shares of of Weld, State of Colorado. and three (3) TOGETy 4 shares of Frico Ditch Company TOGETHER with four ( ) I Marshall Lake Companand all mineral rights. GRANTORS RETAIN any :d:u known as street and number VACANT LAND in thereof;y and all er nu thereto belonging, or in anywise aPP mauler and remainders, rent' issues and profits TUGFIHF:I( with all hn and is reversions.e het-editaments am appurtenancesart either in law or equity,of. ��=?- he ofthesaidpar(v tithe fir tp' estate. C. and the revparty of ore . ,.stale right,title interest.claim unl demand uvvhat�w.'�`r appurtenances.unto the said I ntis iitetvt bargained tll described.wt the apt in and to the ahov I ii gained 1 r miSeS.' it h ti -/e relit rnient and app it forever And the sail party i'f' e irst part, for himself, his heirs. 'T(1d thF eco 111111)1 hi the - sIPi htn .-aid paiq .f the second Par . n 1 p set. he a an. t t to I P rd part, parts ,f the rant bargain.Kato :Ind agree e t h us of the premises iv ofth 1 well seized ee simple.thepremsas executors, uiladministrators. Ie ' c.n n ,n sin n'F•': 'inp and delivery e in la th ,l. s l pme, lUe Inheritance,his heirs le •11-1 - n'r { V . 4ce• '�n lint.l.• , ihle Plltld e, n.ev the same in manner and form n rte t canes. ah� v, conveyed, ,- f gum'. r.uit, baiC,nY: bargains, sales. liens, sal free e ityand t K ( and Cher grants. e assessment 1 i iK'hL toll power i and lawful from all Ioi�!er taxes and a. S goo. .vul 'rL i general as I EXCE q reservations,ssesment afu rrsa,d, and that the same are rkind ' ' 'u,Rire AA) CO easements,year_ • fu 'ner subject if any; further \ . estrictions, covenants, ttt ni way oT record, or in user for current year and rights 1970, in Book 637 Rec. No. covenants, Rec. No No4 restrictions, oil and geed recorded recorded d , 19741 in Book 715 subject to anecorded May 14, 1559254, and mineral deed r of the second part, his 1„n of the said party part thereof. .ii,. wind_ amt p'-acr able pushes:awn to claim the or any and the abused brag gained all andpremise,'' �n '\th whole h or lay number shall ,.0 �a persons lawfully claiming the said arty o against all share petgenders. and year fir the said party of the first part shall and v.ill WARRANT AND FOREVER DEPEND. include the P ni the fii t part has hereunto set his hand and seal the day torah the plural the singular.Mid ih,• u.e ..1 any gender shall h,• applicable to all IN WITNESS�cHF:ReuF.the >ai,l party :,hose written. ISEAI•I David L. Nlcott ISEALI Donald C. Alcott ISEALI Darlene K. Alcott STATE OF CI)LIt ILAlvii l_ -,. County of _Boulder day n( October 4th The foregoing instrument was acknowledged before me this aS attorney in 1'85 .bS Donald C. *Alcott, Darlene K. Alcott, and Donald C. Alccotty hand and official seal. fact for David L. Alcott \1)' rain mitimn expires Public u . Nmar1 30 SPEC FORM 932A COMPUTER WARRANTY DEED—For PhOIOP ra PhlO$20O(4-1HEG F.NOECKEE CO DENVER ]354"1 '!st'.'1 'G ; _ .. _. ..o.err,+..-�.•." -— CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD The LONGMONT TITLE COMPANY, INC. TITLE INSURANCE or ABSTRACT 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. LEGAL DESCRIPTION: The Southeast 1/4 of the Northwest 1/4 of Section 3, Township 1 North, Range 68 West of the 6th P.M. , County of weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1830823 Book 909 Reception No. 1912709 , Book 985 Reception No. 1912892 , Book 985 Reception No. 2028160 , Book 1087 Reception No. , Book Reception No. Book Reception No. , Book Reception No. Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of LONGMONT TTTLE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, LONGMONT TITLE COMPANY, INC. COMPANY has caused this certificate to be signed by its proper officer this 4TH day of April A.D. , 19 86 , at 8:00 A.M. o'clock. LONGMONT TITLE COMPANY, INC. COMPANY By AUTHORIZED SIGNA URE 41. 5 Acres Land Parcel ( . Legal Description : Southeast 1/4 Northwest 1/4 of Section 3 , Township 1, Range 68 West of the 6th Principal Meridian, Weld County, State of Colorado Address : 5616 Weld County Rd 7 , Erie, Colorado 80516 i i X Weld County Ic r Road 7 Ij. r;, 9 • 1 • _:,,C4 k .= i-i t:. It Y. -5 ' O • Irrigation Ditch • Dirt Road Oil Well ' _ ,_ _I 1 Existinif House 1 V QWater Well 4 I r Proposed House x ( . T • X I• x cr • ti . s ' q 1,--x.-,,--A----4,----,, ,r-- --r Jr x--+c—--‘1.---s'-----%,--,i---X NOT TO SCALE Land boundary approx. 1500 ' square , %..-1,c-! :..7,-=.1/1:. IT ATTACHMENT No. 4 -- Tr- . .. ... . -_. „1t4 wan p ,.; B 1087 REC 02028160 10/10/85 15 : 03 $3. 00 1/001 AR2028160 ” F 1573 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO }.,," " FILING STAMP 4;73 THIS DEED, Made this 4th day of October State�`ocuT lennt Documentary Fee 8.5 O 1985 .hetween DAVID L. ALCOTT, as to an undivided Date g 8 3� M 1/3 interest, DONALD C. ALCOTT, as to an undivided 1/3 interest and DARLENE K. ALCOTT, as to an undivided 1/3 It interest of the County of Weld and State of Colorado,of the first part,and JOSEPH NAAB and KATHY NAAB, as to an 1/2 interact joint tenants with rights of survivorship and DAVID F, NAAB and MIKE J. NAAB, . as to an undivided 1/2 interest as joint tenants with rights of survivorship • ,:hose legal address is 7693 Webster , Arvada, CO 80003 of the County of and State of Colorado,of the second part: WITNESSETH.That the said party of the first part,for and in consideration of the sum of *****EIGHTY THREE THOUSAND AND NO/100**** ($83,000.00) ************* DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to-wit: Southeast 1/4 Northwest 1/4 of Section 3, Township 1 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado. TOGETHER with four (4) shares of Frico Ditch. Company and three (3) shares of Marshall Lake Company. GRANTORS ASSIGN any and all mineral rights. also known as street and number VACANT LAND TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining. 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 party of 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 premises above bargained and described, vnth the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,and administrators,does covenant,grant,bargain,and agree to and with the said party of the second part, his heirs and assigns,that at the time of the ensealing and delivery of these presents,he 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, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes. assessments and encumbrances of whatever kind or nature soever. EXCEPT general taxes and assessment for current year and subsequent years; further subject to easements, reservations, restrictions, covenants, and rights of way of record, or in use, if any; further subject to an oil and gas lease recorded Dec. 21, 1970, in Book 637 Rec. No. 1559254, and mineral deed recorded May 14, 1974 in Book 715 Rec. No. 1636514 and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF.the said party of the first part has hereunto sethiss hand and seal th day and year first above written. t! %'V'�^ Cat �t. Cc� o' oi-G -„"" /V -'c-e-v"`t e ISEALI David L. Alcott r/F- e ! �" ISEALI 1 \;_--,17_22,„,A... AL rZ7 [SEAL] STATE OF COLORADO Darlene K. Alcott County of Boulder !f ss ' •� :Thdf$regpinginstrument was acknowledged before me this 4th day of October " Za05 `G, tJcfttaVd C. Alcott, Darlene K. Alcott, and Donald C. Alcott as attorney in :fact foc• David L. Alcott iK• My commission expires /C - q cQ .1981.Witnessmmy hand and official seal. kat:ait2re _.7 .en-LireLZ- Notary Public./] /�'r SPEC FORM /SSA COMPUTER WARRANTY DEED—For Photographic R COrdo HcC F Hoecaee co..DENVER 355439 Hello