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Home My WebLink About910599.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION N0. 1351 - FREMONT PROPERTIES, C/O JERRY JEFFERIS 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. 1351 was submitted by Fremont Properties, c/o Jerry Jefferis for property which is located in part of of the NW* of Section 25, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, a hearing before the Board was held on July 10, 1991, at which time Department of Planning Services' staff reported the applicant had withdrawn his request, and WHEREAS, the Board deems it advisable to dismiss said Recorded Exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption #1351, submitted by Fremont Properties, c/o Jerry Jefferis be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by thefollowing vote on the 10th day of July, A.D. , 1991. / 11 /0"/ lai BOARD OF COUNTY COMMISSIONERS ATTEST: /fit r' WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED - DATE OF SIGNING Gordon E. Lacy, Chairman Deputy Clerk to the Board George Kennedy, Pro-Tem L o APPROVED AS 0 FORM: , 5441-, Constance L. Har ert County Attorney C. W. Kirby F W. H. ebster I 910599 i r; logfall DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 COLORADO q444\ June 26, 1991 Board of County Commissioners Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption x/1351 Dear Commissioners: This request for a recorded exemption is submitted by Fremont Properties c/o Jerry Jefferis. The parcel of land is described as part of the NW4 of Section 25, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located at the southeast corner of the intersection of Weld County Road 6 and Weld County Road 11. This request is to divide a 1.0 acre tract from a 46.0 tract. The applicant proposes to use the Left Hand Water District as a water source, and individual septic systems will provide sewage disposal. This proposal has been reviewed by the municipalities within three miles, however, all of the municipalities indicated that this property is not in their comprehensive planning areas. The Department of Planning Services staff recommends that this application be denied. It is the opinion of the staff that the applicant has not demonstrated how the permitted uses will be compatible with the existing surrounding land uses. The property is operated under a special use permit for a turkey farm. Approval of this request will do two things. First, it will leave the existing turkey farm without housing which maybe necessary for the security and effective economic operation of the farm. Secondly, approval of this request will create a residential lot in close proximity to a high-intensity agricultural use. The agricultural zone district is intended to provide areas for agricultural activities without the interference of incompatible land uses. 91O599 Board of County Commissioners June 26, 1991 Page 2 The applicant has failed to demonstrate how this proposal is consistent with the Weld County Comprehensive Plan. The stated reason for this proposed land-split is to allow the Brookmans to continue to live in the existing dwelling. The Brookmans are no longer part of the farming operation. The Weld County Comprehensive Plan specifically states: "Individuals who find themselves with land designated and zoned in a manner that does not accommodate their intended use should consider seeking other more suitable lands; such a transition will be to the long-term benefit of both the individual and the public. " It is the opinion of the staff that a 1.0 acre parcel for residential purposes creates potential for future conflict with the existing agricultural uses . The staff has concerns about the level of development that has occurred in this section. There are currently 18 lots in Section 25. If this request is approved there will be 19. It is the opinion of the staff that parcel splits in this section have reached a level where any further divisions would evade the purpose of the Weld County Subdivision Regulations as defined in Section 1-3. Residential development in rural areas causes an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. It is the opinion of the Department of Planning Services' staff that this proposal and the existing land splits in this area do not represent efficient and orderly development. The submitted maps demonstrate the piecemeal development which has occurred in this section. The staff would like the Board to review the application materials and determine whether it wishes to allow this trend to continue, and to determine if this proposal meets the criteria in Section 9-2 E. (1) (a) - (m) of the Weld County Subdivision Regulations. Respectfully submitted, Brian Brian�A.�Grubb Current Planner 910593 - •"1.- ' .• q e Ii �� 1 ▪i .. 1+ �_�_m u l r. I . r•' -,ate.-a._�--j:";✓ I - :` �'r•�:. 3. s._ • tl -L L ^)e x• z, 25 x• xa . • 51� ;2..-7-7:▪ '."' z• 4i z -._ _ Ie rp ;• . 4• c CR -. -•▪ - Ilv'• ° 1. �.. I--_-___♦_ _.- - 1 !. •i • • t •I ♦ - .. i _ _ _ _ _ _ _ _ __ e, • • N 1 ) H F. )) l .1 I uuz. • I 2. +\ V I 1 Mir_ 1 1, '• 1. '1�•'1�� _ _�_I _ 1 -�_ _•_ �'. _�1 I n— i j- _ _._� e • ioc , •6Y(�z I ' •1 r• 1 I ••� . ° •EE..n.'•Csr 31011510.•• % . ; `" +)r GR. 1� .ro. Ix • IS • •� Q ` •• I;■� ' •;. : L. 1 1 , ° I J o?°i s \\ • „•• �I ! . _ . • dl 's I° N kl 1 • 24•--�•�..!.`. • ✓, •�'`-2\�\, •• X69•• xx •i x) I �1 \- \ •x u. I. 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Mqy � ,S` / � 1/2 1991 May 5, 1991 444114 41/464,4 il Brian Grubb Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Grubb: Please find enclosed the original and nine (9) copies of the recorded exemption application that we discussed Friday, April 26th. Also enclosed is the application fee of $600. Each application includes: 1. Completed application form. 2. Completed certificate of conveyances. 3. Copy of recorded Special Warranty deed. 4. Attachment containing statement, 4 through 12 of the application. 5. Plat showing tracts "A" and "B", county roads, and current & proposed access. 6. Copies of aerial photos of tract "A" and the tract. 7. Letter from Left Hand Water District. If you have any questions or require additional information, please contact me. Sincerely, °Jur-Sig Jerry Jefferis R4k 8- . J SiC53 f. ". ; j 1991 °."frig !I Hanna 1a w: APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE (OOC. . CC CASE N0. "�?.l� 1 2.X`j / ��++I RECORDING FEE ZONING DISTRICT A6T.I('j_JL._FA' RECEIPT NO. / FC � Ei DATE 11r� ! �j //9g// I APPL. CHECKED BY " --,./I\C"i 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: (SEE ATTACHMENT "A") TOTAL ACREAGE: 1.0U- ..4-&,O 'r Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X FEE OWNERS OF PROPERTY: Name: Fremont Properties Address: 1700 Lincoln, Denver, CO 80274-0122 Phone: (303)-863-6210 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Perce1Left Hand Water Smaller Parcel Same District TYPE OF SEWER: Larger Parcel None Smaller Parcel Septic PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Residential ACREAGE: Larger Parcel 45.00± Smaller Parcel 1,00-1 EXISTING DWELLINGS: (Yes or No) NO (Yes or No) Yes 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 WELD ) \\ � �. `• �+U CUlti STATE OF COLORADO ) y `�' Signature: Owner or Authorized Agent � � Subscribed and sworn to before me this (oat day of , 192_. (SEAL) �� L No ary Public .q P l/AI7'd 910Y My Commission Ex ices / WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10TH STREET GREELEY, COLORADO 80631 ATTACHMENT TO SUBDIVISION APPLICATION (for reference "the tract" is the undivided property; tract "A" is the smaller, comprising one (1) acre, more or less, tract "B" is the larger tract of fourty five (45) acres, more or less; 4 . Currently United Banks of Colorado has title to the tract . We request the property be divided into two lots ( "A" and "B" ) to enable the current occupant (the Brookman' s) to continue quiet enjoyment of the residence. If the application is approved; title to Tract "B" will transfer to the Brookman' s. 5 . The application request is consistent with the policies of the Weld County Comprehensive Plan: * It will encourage the preservation of agriculture in Weld County. The present and best use of tract "A" is that of a turkey operation. Approval of the request will not inhibit the present or future viability of the operation. * It will permit low density residential use on non-prime agricultural land. The residence and adjacent builds are of minor use to the majority of the operation. Approval will allow present use of the facility to continue. 6 . The current zoning for the tract is A (agricultural) District . This zoning is intended to maintain and promote agriculture, and provide areas for the conduct of agricultural and related activities . If approved; the present use of the tract and facilities will remain unchanged. The larger tract containing the turkey facilities will continue to used as such. The separate building site will be a rural residence which is not inconsistent with current zoning. 7. The expected use of the respective tracts are as follows: Tract "A" will continue to be used for agricultural uses consistent with the facilities thereon; i.e. as turkey growing operation. Tract "B" will continue as a rural residence. 910523 Weld County Department of Planning Services Attachment to Subdividsion Application Page 2 8 . The current and expected use of the facilities and respective tracts will be compatible with the future development of the surrounding area. The zoning for this and surrounding property is agricultural . The highest and best use of the subject property continues to be agricultural use. This use presently is, and is expected to remain, consistent with the surrounding area. 9 . Approval of this request will not inhibit efficient and orderly development. As stated in issue number eight (8) the request is consistent with current and expected use and zoning. 10 . Waste disposal (water and sewage) for tract "B" will be handled by a drain field to be constructed. The drain filed is expected to comply with Weld County Regulation Specifications . Tract "A" does not require sewage disposal facilities. 11. According to the (Weld County) National Flood Insurance Program Community Panel Number 080266-0980 C dated September 28, 1982 the subject farm is located within Flood Zone "C" . Flood Zone "C" is defined as an area of minimal flooding and should not negatively impact the market value of farm. The subject property is not within the 100 year flood plain of Zone "A" , nor the 500 year flood plain of Zone "B" . 12 . The small building to the south of the residence will be demolished. 91G593 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8505879 The TRANSAMERICA 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: Property in the State of Colorado, County of Weld, as setforth in Exhibit "A" attached hereto. CONVEYANCES (if none appear, so state) : Reception No. 02236261 , Book 1285 ( See copy attached ) Reception No. , Book Reception No. , Book Reception No. , Book 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 TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 14th day of March , A.D. , 1991 . at 7 : 00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY: II? Y7GG ' C,f .,-y L'Yt) AUTHORIZED SIGNATURE 910593 yt S EXHIBIT "A" x: Order No. 8505879 The N1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M. , EXCEPT that part lying South and East of the right of way of the East Branch of the Bull Canal, which lies East of the right of way of the Union Pacific Railroad; EXCEPT a strip, piece or parcel of land conveyed to Union Pacific Railroad Company by deed recorded December 2 , 1908 in Book 233 at Page 447; EXCEPT a strip of land for the East Branch of the Bull Canal as conveyed to the Farmers Reservoir and Irrigation Company by deed recorded December 11 , 1914 in Book 406 at Page 293; ALSO EXCEPT a parcel of land conveyed to Herman Johnston and Henry Johnston by deed recorded August 11 , 1971 in Book 651 as Reception No. 1573170, described as follows : BEGINNING at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89' 48 ' East, 145 . 47 feet; thence South 89 ' 48 ' West, 780 . 87 feet along the North line of said Section 25 to the Easterly right-of-way of the Union Pacific Railroad; thence on a curve to the left along the Easterly right-of-way of the Union Pacific Railroad on an arc length of 740 . 05 feet and a central angle of 11 ' 19 ' 30" to a point of tangent; thence South 23' 50 ' East, 369 . 98 feet to the Northerly right-of-way of the Bull Canal; thence along said Northerly right-of-way by the following courses and distances : North 65 '03 ' East 313 . 67 feet to a point of curvature; thence on the arc of said curve to the left 199 . 56 feet, said curve having a radius of 188 . 06 feet and a central angle of 60' 48 ' to its point of tangency; thence North 4' 15 ' East, 297 . 66 feet to a point of curvature; thence on the arc of a curve to the left 91 . 00 feet, said curve having a radius of 280 . 33 feet and a central angle of 18' 36 ' to a point of reversed curve; thence on the arc of said curve to the right 102 . 62 feet, said curve having a radius of 945. 75 feet and a central angle of 6' 13 ' to its point of tangency; thence North 8' 08 ' West, 43 . 88 feet to a point of curvature; thence on the arc of said curve to the right 82 . 93 feet, said curve having a radius of 685. 30 feet and a central angle of 6' 56 ' to its point of tangency; thence North 1 ' 12 ' West, 54 . 61 feet to a point of curvature; thence on the arc of said curve to the right 61 . 66 feet, said curve having a radius of 120 . 86 feet and a central angle of 29' 14 ' to its point of tangency; thence North 28' 02 ' East, 30 . 11 feet to the POINT OF BEGINNING. 1 910 5S ..�-'---'.. .. AR223i261 wawe,s rs.rwu B 1285 REC 02236261 12/18/90 13:18 >25.00 1/005 F 0813 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO $PECIAL WARRANTY DEED Washington Turkey Farms, Inc., a Colorado corporation with an address of 6151 Brighton Boulevard, Commerce City, Colorado 80022 ('Grantor•), for Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Fremont Properties, Inc., a Colorado corporation, with an address of 1700 Broadway, Denver, Colorado 80271, real property located in the County of Weld, State of Colorado and more particularly described in Exhibit A attached hereto and by this reference incorporated herein, with all its appurtenances, a wawa the title to the same against all r'r persons claiming/ a tor, subject to the matters shown on Exhibit $ attached hereto and by this reference incorporated herein. EXECUTED as of this DIA day of December, 1990. ' v• -Or y WASHINGTON TUREEY FARMS, a Colorado corporation 4tfi - Secretary • Pres dent STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ry4 day of December, 1990 by ��nn r, E?„A,r„V.-. as President and.*rl . G-6044/nrr”_as Secretary of Washington Turkey Farms, Farms, a Colorado corporation. Witness my hand and official seal. My Commission expires: S--eG, -Qa • -''r.'4417.51.1. ..pp .d.f 1 - ;JI 03 [o + m u v C ' aoorno ,Y.y 'r.•••%..�. �� 910 599 9 M 1 • B 1285 REC 02236261 12/18/90 13:18 ,+25.00 2/005 F 0844 NARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION TO THE (ZEAL PROPERTY Covering the Land in the State of Colorado, County of Weld. Described as: - The N1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.N., . EXCEPT that part lying South and East of the right of way of the East Branch of the Bull Canal, which lies East of the right of way of the Union Pacific Railroad; EXCEPT a strip, piece or parcel of land conveyed to Union Pacific Railroad Company by deed recorded December 2, 1908 in Book 233 at Page 447; EXCEPT a strip of land for the East Branch of the Bull Canal as conveyed to the Farmers Reservoir and Irrigation Company by deed recorded December 11, 1914 in Book 406 at Page 297; ALSO EXCEPT a parcel of land conveyed to Herman Johnston and Henry Johnston by deed recorded August 11, 1971 in Book 651 as Reception • No. 1573170, described as follows: BEGINNING at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89'48' East, 145.47 feet; thence South 89'48' West, 780.87 feet along the North line of said Section 25 to the Easterly right-of-way of the Union Pacific Railroad; -- thence on a curve to the left along the Easterly right-of-way of the • Union Pacific Railroad on an arc length of 740.05 feet and a central angle of 11'19'3n' to a point of tangent; thence South 23'50' East, 369.98 feet to the Northerly right-of-way of the Bull Canal; thence along said Northerly right-of-way by the following courses and distances: North 65'03' East 313.67 feet to a point of curvature; thence on the arc of said curve to the left 199.56 feet, said curve having a radius of 188.06 feet and a central angle of 60'48' to its point of tangency; thence North 4'15' East, 297.66 feet to a point of curvature; thence on the arc of a curve to the left 91.00 feet, said curve having a radius of 280.33 feet and a central angle of 18'36' to a point of reversed curve; thence on the arc of said curve to the right 102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6' 13' to its point of tangency; thence North 8'08' West, 43.88 feet to a point of curvature; thence on the arc of said curve to the right 82.93 feet, said curve having a radius of 685.30 feet and a central angle of 6'56' to its point of tangency; thence North 1' 12' Wes[, 54.61 feet to a point of curvature; thence on the arc of said curve to the right 61.66 feet, said curve having a radius of 120.86 feet and a central angle of 29'14' to its point of tangency; thence North 28'02' East, 10. 11 feet to the POINT OF BEGINNING. - -- 131.0593 G • • B 1285 REC 02236261 12/18/90 13:18 J25.00 3/005 - F 0845 NARY ANN FEDERSTEIN CLERK S RECORDER WELD CO, CO TOGETHER WITH all appurtenances, improvements, fixtures, rents, issues and profits, all oil, gas and mineral rights appurtenant to the above-described land and not heretofore reserved, all water and water rights, ditches and ditch rights, wells and well rights, well permits, spring and spring rights and reservoirs and reservoir rights appurtenant to or historically used in connection with the above-described land and all of Grantor's rights and interests under applicable state or Federal law to all water, and to use or consent to use all water, contained in or available from any part of the water-bearing formations underlying the above-described land, however evidenced, together with all associated easements and rights-of-way, including without limitation all right, title and interest in the non- tributary and not non-tributary ground water underlying the property described above, and all rights, whether adjudicated or unadjudicated, to appropriate, use, develop, reuse, successively use or otherwise dispose of those waters on or off the property described above together with any and all rights to consent to such appropriations and uses which consent might now or hereafter be required by law, including C.R.S. S 37-90-137(4) . A-2 .a.clsnlWas.wte.n...e, 911 593 a B 1285 REC 02236261 12/18/90 13:18 >25.00 4/005 F 0846 NARY ANN FEUERSTEIN CLERx f RECORDER WELD CO, CO FTHIBIT R )UTTERS TO WHICH TITLE IS SUBJECT 1. Real property taxes due and payable. 2. Deed of Trust from Washington Turkey Farms, Inc., a Colorado corporation to the Public Trustee of the County of Weld for the use of United Bank of Denver National Association dated January 12, 1990 and recorded January 19, 1990 in Book 1254 as Reception No. 2203293. 3. Assignment of Leases and Rents recorded January 19, 1990 in Book 1254 as Reception No. 2203294. 4 Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October -14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 5. Reservations by the Union Pacific Railroad Company of ( 1) all coal and other minerals underlying subject property, (2) the .exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect £or, mine and remove coal and other minerals, all as contained in Deed recorded June 4, 1902 in Book 201 at Page 11. 6. Easement and right of way for ditch purposes, granted to The Community Consolidated Canal and Reservoir Company by The Denver Land Company by instrument recorded July 24, 1908 in Book 283 at Page 140, in which the specific location of the easement is not defined. 7. Deed of Trust from Washington Turkey Farms, Inc. , a Colorado corporation to the Public Trustee of the County of Weld for the use of The Denver Feed Company dated April 17, 1989, and recorded April 17, 1989 in Book 1229 as Reception No. 2176635, together with Collateral Assignment of Interest in k of Denver National e o Association recorded June 5,United n 1989 in Book 1234 as Reception No. 2181658. oa—%.?4Sa.1 F B 1285 AEC 02236261 12/18/90 13:18 >25.00 5/005 F 0847 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO 8. Security interest under the uniform Commercial Code - affecting the subject property, notice of which is given by Financing Statement from Washington Farms, Inc., debtor(s) , to The Denver Feed Company, secured party, recorded April 17, 1989 in Book 1229 as Reception No. 2176638, as assigned by Assignment to United Bank of Denver National Association recorded June 5, 1989 in Book 1234 as Reception No. 2181672. 9. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from Washington Turkey Farms, Inc., debtor(s) , to The Denver Feed Company, secured party, filed April 17, 1989 as Filing No. 00228590, recorded April 17, 1989 in Book 1229 as Reception No. 2176639. in. Security interest under the Uniform Commercial Code affecting the subject property, notice o£ which is given by Financing Statement from WASHINGTON TURKEY FARMS, INC. , debtar(s) , to UNITED BANK OF DENVER NATIONAL ASSOCIATION, secured party, recorded January 19, 1990 in Book 1254 as Reception No. 2203295. 11. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from WASHINGTON TURKEY FARMS, INC. , debtor(s) , to UNITED BANK OF DENVER NATIONAL ASSOCIATION, secured party, filed January 19, 1990 as Filing No. U0232680. all;' '`SI i,.nr . nave°'J. . OVPs.7Vb J, . - B_2 evie a. AR2236261 Washington Farms/Weld B 1285 REC 02236261 12/18/90 13: 18 X25. 00 1/005 F 0843 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SPECIAL WARRANTY DEED Washington Turkey Farms, Inc. , a Colorado corporation with an address of 6151 Brighton Boulevard, Commerce City, Colorado 80022 ("Grantor") , for Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Fremont Properties, Inc. , a Colorado corporation, with an address of 1700 Broadway, Denver, Colorado 80274 , real property located in the County of Weld, State of Colorado and more particularly described in Exhibit A attached hereto and by this reference incorporated herein, with all its appurtenances, a d�waer21 s the title to the same against all persons claiming/ r ntor, subject to the matters shown on Exhibit B attached hereto and by this reference incorporated herein. EXECUTED as of this WA day of December, 1990. ,, ' WASHINGTON TURKEY FARMS, t a Colorado corporation - .�.i i� '. By: Secretary\ President STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ' y-l/ day of Decembef, 1990 by 72,n n C, ,f ,, as �' President and �3y; 6074,104,,_as Secretary of Washington Turkey Farms, a Colorado corporation. Witness my hand and official seal. My Commission expires: S -_96 - 9G 1 ; pr,�' txa'rl' `P�4b1 � • YY e[• : u . �- al ?- C •',. KGDD/DY6 ''+ ^ ' 31 G)gn B 1285 REC 02236261 12/18/90 13: 18 X25. 00 2/005 F 0844 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION TO THE REAL PROPERTY Covering the Land in the State of Colorado, County of Weld . Described as : The N1/2 of the NW1/4 of Section 25 , Township 1 North, Range 68 West of the 6th P . N. , EXCEPT that part lying South and East of the right of way of the East Branch of the Bull Canal , which lies East of the right of way of the Union Pacific Railroad; EXCEPT a strip, piece or parcel of land conveyed to Union Pacific Railroad Company by deed recorded December 2 , 1908 in Book 233 at Page 447 ; EXCEPT a strip of land for the East Branch of the Bull Canal as conveyed to the Farmers Reservoir and Irrigation Company by deed recorded December 11 , 1914 in Book 406 at Page 293 ; ALSO EXCEPT a parcel of land conveyed to Herman Johnston and Henry Johnston by deed recorded August 11 , 1971 in Book 651 as Reception No . 1573170 , described as follows : BEGINNING at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89 ' 48 ' East, 145 . 47 feet; thence South 89 ' 48 ' West , 780 . 87 feet along the North line of said Section 25 to the Easterly right-of-way of the Union Pacific Railroad; thence on a curve to the left along the Easterly right-of-way of the Union Pacific Railroad on an arc length of 740 . 05 feet and a central angle of 11 ' 19 ' 30 " to a point of tangent; thence South 23 ' 50 ' East, 369 . 98 feet to the Northerly right-of-way of the Bull Canal ; thence along said Northerly right-of-way by the following courses and distances : North 65 ' 03 ' East 313 . 67 feet to a point of curvature; thence on the arc of said curve to the left 199 . 56 feet , said curve having a radius of 188 . 06 feet and a central angle of 60 ' 48 ' to its point of tangency; thence North 4 ' 15 ' East , 297 . 66 feet to a point of curvature ; thence on the arc of a curve to the left 91 . 00 feet , said curve having a radius of 280 . 33 feet and a central angle of 18 ' 36 ' to a point of reversed curve; thence on the arc of said curve to the right 102 . 62 feet, said curve having a radius of 945 . 75 feet and a central angle of 6 ' 13 ' to its point of tangency; thence North 8 ' 08 ' West , 43 . 88 feet to a point of curvature; thence on the arc of said curve to the right 82 . 93 feet , said curve having a radius of 685 . 30 feet and a central angle of 6 ' 56 ' to its point of tangency; thence North 1 ' 12 ' West, 54 . 61 feet to a point of curvature; thence on the arc of said curve to the right 61 . 66 feet, said curve having a radius of 120 . 86 feet and a central angle of 29 ' 14 ' to its point of tangency; thence North 28 ' 02 ' East , 30 . 11 feet to the POINT OF BEGINNING. 310591 i B 1285 REC 02236261 12/18/90 13: 18 y25. 00 3/005 F 0845 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOGETHER WITH all appurtenances, improvements, fixtures, rents, issues and profits, all oil, gas and mineral rights appurtenant to the above-described land and not heretofore reserved, all water and water rights, ditches and ditch rights, wells and well rights, well permits, spring and spring rights and reservoirs and reservoir rights appurtenant to or historically used in connection with the above-described land and all of Grantor's rights and interests under applicable state or Federal law to all water, and to use or consent to use all water, contained in or available from any part of the water-bearing formations underlying the above-described land, however evidenced, together with all associated easements and rights-of-way, including without limitation all right, title and interest in the non- tributary and not non-tributary ground water underlying the property described above, and all rights, whether adjudicated or unadjudicated, to appropriate, use, develop, reuse, successively use or otherwise dispose of those waters on or off the property described above together with any and all rights to consent to such appropriations and uses which consent might now or hereafter be required by law, including C.R.S. § 37-90-137 (4) . .r� A-2 kgdd/DY3/Waehingcontuckey 9105,9] , B 1285 REC 02236261 12/18/90 13: 18 X25, 00 4/005 F 0846 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO EXHTBIT B MATTF,�S TO WHICH mITLF T CiiATF� 1. Real property taxes due and payable. 2 . Deed of Trust from Washington Turkey Farms, Inc. , a Colorado corporation to the Public Trustee of the County of weld for the use of United Bank of Denver National Association dated January 12, 1990 and recorded January 19, 1990 in Book 1254 as Reception No. 2203293 . 3 . Assignment of Leases and Rents recorded January 19, 1990 in Book 1254 as Reception No. 2203294. 4 , Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resoluti of Board of County Commissioners recorded October 14 , 1889 in Bo 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain 5 . Reservations by the Union Pacific Railroad Company of ( 1 ) all co, and other minerals underlying subject property, ( 2 ) the exclusiv, right to prospect for, mine and remove coal and other minerals , and ( 3 ) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals , all as contained in Deed recorded June 4 , 1902 in Book 201 at Page 11 . 6 . Easement and right of way for ditch purposes , granted to The Community Consolidated Canal and Reservoir Company by The Denver Land Company by instrument recorded July 24 , 1908 in Book 283 at Page 140 , in which the specific location of the easement is not defined . 7 . Deed of Trust from Washington Turkey Farms, Inc. , a Colorado corporation to the Public Trustee of the County of Weld for the use of The Denver Feed Company dated April 17, 1989, and recorded April 17, 1989 in Book 1229 as Reception No. 2176635, together with Collateral Assignment of Interest in Deed of Trust to United Bank of Denver National Association recorded June 5, 1989 in Book 1234 as Reception No. 2181658 . 91.059.1 i A B 1285 AEC 02236261 12/18/90 13 : 18 X25. 00 5/005 F 0847 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8 . Security interest under the uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from Washington Farms, Inc. , debtor(s) , to The Denver Feed Company, secured party, recorded April 17, 1989 in Book 1229 as Reception No. 2176638, as assigned by Assignment to United Bank of Denver National Association recorded June 5, 1989 in Book 1234 as Reception No. 2181672 . 9 . Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from Washington Turkey Farms, Inc. , debtor(s) , to The Denver Feed Company, secured party, filed April 17, 1989 as Filing No. U0228590, recorded April 17, 1989 in Book 1229 as Reception No. 2176639 . 10 . Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from WASHINGTON TURKEY FARMS , INC . , debtor ( s ) , to UNITED BANK OF DENVER NATIONAL ASSOCIATION, secured party, recorded January 19 , 1990 in Book 1254 as Reception No . 2203295 . 11 . Security interest under the Uniform Commercial Code affecting the subject property , notice of which is given by Financing Statement from WASHINGTON TURKEY FARMS , INC . , debtor ( s ) , to UNITED BANK OF DENVER NATIONAL ASSOCIATION, secured party, filed January 19 , 1990 as Filing No . U0232680 . n'+A 0V" .3'vll``P •,, B-2 Kcooroii/WiktREton 21059 1) BA S1:. ass ., here//5-C — o * con' V Calculated Position 13 Not set at clients request 0 1'3O due to cost. 3 CC N. 90°00'00"E . n 1 1705.4 '( 7) N. 90°00'0011 E. 307. 32' - N. 9 i t t 30.06j-eke I `� 1 1 3pp0 3 / a I I 0 r. _ �/ Rood 0 in Z t M E A nr O N o ��T ± A;Cres a CO Cg o T 1 . 282 �— I o - ft' z _ i �' n O I c, 90 ,-- ---1 30 N OI © (.o (/� ri i 30 �--rt 14 9' "—h_ / N. 89°0710111 W. T 306. 95 ' T �, A QCCC-WS a'w s.14tiA.� Lo Gos Meter 8 Service Point 4'7 + S wo to LOT A 2 • 1 .Os9F Li O ��?R ,?ogs c> ACGCSS e GP P . 1600 f N co _ of 9uLL Eos to p Np41 14- �F SNE Book BRO, N 4 . — `O so('\ I, P � NG ^ Reco.oe 66 tI � sir-J.599 Ownership Map: Washington Farm OM I. , x is ,. i 4 i ii I; i 111i A I\LL 51 i! O I C.LX -rr-` , i l� i I ��,Ivv i ' io a.-- ! _i - — ----III nc\ A ii -- �o‘ c,° ,\ AC( 555 e"- --- T t G?� n� J . ll s — '. V FALL , I _c,___ II / r Ill ,' , \c , . ^J ci.29 III ci D A ._ .__. 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' 1 I�tt ��It . ,t71�4,`�i'1 -�` pk t1 i " �.,1f ; a't tgi i t @ f1. - it ry 'Al;Iii N R.4 � .. ) '$ Y .i nt- r',x t r ,,• �}k t ., ft 3til 1 i1 .^ r "( ' YS � > 'aC A r 0.�' 1 -R t'4rS 4 r .; { '##1 .� 7r�k . ^'c.`�' ?{ 4. F''"'Jrr ?,.< -`I � •."-';''''''''y -" ;Nri`+ i .v J f R `` "h.Y', •� S �k'x(A t• s Zt `°' ra sz i ,u S '@ ,4,3•'‘.."::'4,2e1444":.44,"4•.:11".••/,4,.„, 4 t 4 '5 r. `,era u-:P442.rii,,. �.\-; ft f 'I� ' }i .. .. , a ! • Y - , y ti. t{ • �} r r}.r3 @ + fi( + 1 ailll' t ! i I . (,, � l iv's { i � � � t f1` � E .e i Z.• ' �4 h q" f `'�q' c {� ) r { : )„\ ‘'f.1 .T �G 5 Yr � S . . + A , d.''�P ti ‘(..r s , .... + a.A j 31Pf � i @ � . rak ty� F • L.- .r • ,�t ' fkdt �i.4 ?4.4141 4 r + .h r + . 4r i�,'+* � o 1 as 'k 41,r k "�,5t , - a -,$w ka'��a' �f) 7 ` ?"f Ay��c4t��' `� ,t. > � �� F.'��y t i6 4 �"gy • 1 ,. ti 4nA1 t}S IA! t. .,&St r'' 4'1 C•�.te4 Tx'1 i. ',k • 5 .4.>@ .1' .� i• i,, f{L { '.' r' ��1 @ la 1 :-,-(4i; `F` i �'� 9 q tl 44.i � � ..�� k�� , _ v. .�� ci�� , .I ° 'S�',r� d 7�J4' 4.1i,' '�'� 4 ! , to 1 �.+ +. `7, ,,�� t f�R�_,. �•'!.. A+`}`�e 3` ^ �@ . Post Office Box 210 Niwut CO 80544-021a A. e R!�isintraiMmilirilimm1/21 rm.:o1BTR1� (303) 652-2188, Metro (303) 443-2036 APR 3B 1991 April 30, 1991 Mr. Jerry Jefferies United Bank of Colorado 1700 Lincoln, 8th Floor Denver, CO 80274-0122 Re: Meter Number 7 87 14 5024 Weld Country Road 6 TO WHOM IT MAY CONCERN: The property located at the above address is within the "service area" of Left Hand Water District. A one inch tap fee for the above named property has been paid and the property is currently served by the District. Under the current heavy commercial rate structure, this tap is for commercial use only and has some storage requirements. As we discussed recently, if you are willing to pay the costs to unhook the one inch meter and install two separate meters, we could allow this tap to be split into two residential taps, a 5/8 inch and a 3/4 inch. They will need to remain in the same general area and the proper transfer papers signed. If you have further questions regarding this matter, you may contact me at the District office. Sincerely, 7>, rs� 79 James M. Dickey General Manager JMD/rr 21059„9 DEPARTMENT OF PLANNING SERVICES x PHONE(303)356-4000 EXT.4400 O LORth STREET GREELEY, COLORADO 80631 n Ile COLORADO May 15, 1991 Fremont Properties 17OO Lincoln Street Denver, CO 80274-0122 Subject: Recorded Exemption - 1351 Dear Sirs: Your recorded exemption application is complete and in order and will be processed on or before June 5 , 1991. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations , 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 following Planning Commissions for their review and comments. Please call Kirk Oglesby, City of Broomfield at 469-33O1, John Carpenter, City of Thornton at 538-7206 , Pat Breitenstein, City of Northglenn at 450-8743, Scott Hahn, Town of Erie at 828-3843 and Arthur Alloway, Town of Dacono at 833-2317 for further details regarding the date, time, and place of these meetings. It is recommended < that you and/or a representative be in attendance at the Planning Commission meetings to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, Brian A. Grubb Current Planner pc: United Banks of Colorado Attention: Jerry Jefferis 17OO Lincoln Street Denver, CO 80274 lre599 REFERRAL LIST NAME: Fremont Properties CASE NUMBER: RE-1351 REFERRALS SENT: May 15 , 1991 REFERRALS TO BE RECEIVED BY: May 29 , 1991 COUNTY TOWNS and CITIES Attorney Ault \, X Health Department Brighton Extension Service b X Broomfield Emergency Management Office N X Dacono Sheriff' s Office Eaton Engineering \ X Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Highway Department Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Brighton F-3 Milliken Eaton F-4 New Raymer Fort Lupton F-5 X Northglenn Galeton F-6 Nunn Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 X Thornton Ho nrgd fAL tA Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corp of Engineers Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hill F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins ', X Tri-Area Planning Commission Greeley -� X Farmers Reservoir and Irrigation Co. Longmont Attn: Manuel Montoya West Adams 80 S. 27th Avenue Brighton, CO 80601 COMMISSION/BOARD MEMBER Sifj59:i -4 CfMiti DEPARTMENT OF PLANNING SERVICES 1 PHONE(303)356-4000,EXT.4400 ,, c „' 91510th STREET wimie GREELEY,COLORADO 80631 i9Ci COLORADO moos,:stosow, toot- May 15, 1991 CASE NUMBER RE-1351 TO WHOM IT MAY CONCERN: Enclosed is an application from Fremont Properties for a Recorded Exemption. The parcel of land is described as the N2 NW4 of Section 25 , 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 south of adjacent to Weld County Road 6 , east and adjacent to Weld County Road 11. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 29, 1991, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. V. W- ..ve reviewed this request and find that it c O e.S doe /does not) comply with our Comprehensive Plan for the ollowing r reasons. \ 0-imdct,c' 5 ¢-X:t tr-ri V5q•-, 0 e 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. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . Please refer to the enclosed letter. Signed: �V" 4.„. -Agency: 5y7a yv-1 m Date: 5 J17 /Gl� • R � Fm Wig,w z r - \a 5 \1 kt 91. 152 ., of, MEMORAFIDUM t wineTo Meld County Planning Date May 28, 1991 COLORADO From Wes Potter. Director. Environmental Prote ry Subject: Case Number: RE-1351 Name: Fremont Properties Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP/lam-10 1711 • 1� J fhld CO. ildih04. .,tgbliiUil,;; FIELD CHECK FILING NUMBER: RE-1351 DATE OF INSPECTION: May 29, 1991 APPLICANT' S NAME: Fremont Properties REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the N2 NW4 of Section 25, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 6, east of and adjacent to Weld County Road 11. LAND USE: N Dryland, poultry building, church. E Union Pacific Railroad, dryland wheat. S Irrigated agricultural production and one rural residence. W Dryland wheat. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Lot B. contains the buildings for SUP #117 which is a turkey farm. The sketch is correct as drawn except for the fact that the Bull Canal has a right-of-way which cuts off the southeast corner of proposed Lot B. Access for both parcels is currently from Weld County Road 6. The turkey operation appears to be partially in use. Many of the buildings on the south half of the property are in disrepair. ��f ✓� Current 31.059.9 DEPARTMENT OF PLANNING SERVICES n PHONE(303)356-4000,EXT.4400 �� -+/ _.,�� 91510th STREET I -MN C i GREELEY,COLORADO 80631 1991 COLORADO 'et° Co, Ma lasso May 15, 1991 CASE NUMBER RE-1351 TO WHOM IT MAY CONCERN: Enclosed is an application from Fremont Properties for a Recorded Exemption. The parcel of land is described as the N2 NW4 of Section 25, 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 south of adjacent to Weld County Road 6 , east and adjacent to Weld County Road 11. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 29 , 1991, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above . 1. We have reviewed this request and find that it 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. XX We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . Please refer t the enclosed letter. V Signed: Becky Marker , �� •,. gency: Tr=-Area Planning Commission Secretary Date: 6/5/91 21059,'; Met DEPARTMENT OF PLANNING SERVICES i 7 § PHONE(303)356-4000,EXT.4400 [�"""�'• h 915 10th STREET RP �� _ GREELEY,COLORADO 60631 wine tic Re 1 COLORADO May 15, 1991 Y ILIAIMPVIRAPDAV4351 TO WHOM IT MAY CONCERN: Enclosed is an application from Fremont Properties for a Recorded Exemption. The parcel of land is described as the N2 NW4 of Section 25, 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 south of adjacent to Weld County Road 6 , east and adjacent to Weld County Road 11. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 29 , 1991, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 . XXX We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. lease refer to the enclosed letter. Signed: Ronald Hovland -Agency: City of Thornton, Commun. Develop. Planner II Date: June 6, 1991 91.059f One United Bank Center 1700 Lincoln Street Denver, Colorado 80274 Telephone. (303)861-4700 O`) United Banks r, of Colorado, Inc. ld 1 AWel " j , J1 'larutr x:ur�tcu,a,: June 17, 1991 Mr. Brian Grubb Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Grubb: Enclosed please find a copy of the letter you requested regarding the commercial and residential tap for Washington Turkey Farms. If you have further questions, please feel free to call. Sincerely, J, c�.t c Gerald Jefferis 131.059:-.) EFT i Post Office Box 210, Niwta, CO 80544-0210 ammo, coma I (303)652-2188, Metro(303) 443-2036 June 14 , 1991 '1 \\\ J, Mr. Jerry Jefferies United Bank of Colorado 1700 Lincoln, 8th Floor Denver, CO 80274-0122 Re: Meter Number 7 87 14 5024 Weld Country Road 6 TO WHOM IT MAY CONCERN: The property located at the above address is within the "service area" of Left Hand Water District. A one inch tap fee for the above named property has been paid and the property is currently served by the District. Under the current heavy commercial rate structure, this tap is for commercial use only and has some storage requirements. As we discussed recently, if you are willing to pay the costs to unhook and install two separate meters, we could allow this tap to be split into one 5/8 inch residential tap, and one 3/4 inch commercial tap. They will need to remain in the same general area and the proper transfer papers signed. If you have further questions regarding this matter, you may contact me at the District office. Sincerely, i ames M. Dickey General Manager JMD/rr Hello