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Home My WebLink About910225.tiff of coL„ 4y ROY ROMER jNe p', JERIS A. DANIELSON Governor m State Engineer * 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[3031866=3589 May 21, 1991 ! r f1/4Y ? ;a 199! Mr. Brian A. Grubb Wel6lih. vlaumeg c+umtasaluk Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ochsner Exemption RE-1335 SE1/4 Sec. 30, T5N, R65W, 6TH PM Shared Well Agreement Dear Mr. Grubb: You have requested that we review the proposed well sharing agreement related to the water supply for the 0.38 acre lot and the 7.827 acre lot involved in the above referenced exemption. After reviewing our file and discussing the application documents with the applicant, we find some clarification of the identity of the water supply is in order. The statements in our March 7, 1991 letter regarding well use was based on erroneous information and should be disregarded. Two wells currently exist on the property. They are the Moody Well No. 1 and the Moody Well No. 2, which were decreed in Division 1, Water Court Case Number W-4513 on May 16, 1975. The decreed uses are: "Domestic, Commercial (egg washing and rental units) and irrigation on 10 acres in the SE1/4, Section 30, Township 5 North, Range 65 West of the 6TH P.M. , Weld County, Colorado. " The decreed locations are: Moody Well #1 is located in the SE1/4 of the SE1/4, Section 30, Township 5 North, Range 65 West of the 6TH P.M. , Weld County, Colorado, at a point 185 feet north and 197 feet west of the south east corner of said Section 30. Moody Well #2 is located in the SEI/4 of the SE1/4, Section 30, Township 5 North, Range 65 West of the 6TH P.M. , Weld County, Colorado, at a point 170 feet north and 620 feet west of the south east corner of said Section 30. Our records indicate that neither well has a well permit. The applicant has obtained an agreement dated March 19, 1991, from the Central Colorado Water Conservancy District to replace depletions for these two wells up to 4.28 acre feet per year. Mr. Ochsner has stated that Moody Well #1 is the well that serves the five dwellings on the property, and is the well involved in the proposed agreement. Mr. Brian A. Grubb Page 2 May 21, 1991 Although we do not have the expertise to evaluate the legal aspects of the agreement, we offer the following comment. The well that is to be shared should be identified in the agreement by name and exact location. Additionally, we recommend that a well permit be obtained for each well . I have sent copies of the well permit application and a copy of this letter to Mr. Ochsner for his convenience. Prior to submitting the application forms, the applicant should verify the location of the wells in the field to allow the permit to record the actual location. Ideally the well sharing agreement would include the well permit number. If you have any questions please contact me. Sincerely C , j4.44 414-1 John T. Schurer, P.E. Senior Water Resources Engineer JTS:cIf/6997I cc: Alan Berryman, Division Engineer Bruce DeBrine Daniel L. Ochsner (w/enclosures) FORM No. STATE OF COLORADO - r— Office Use only GWS-,O72N OFFICE OF THE STATE .GINEER PERMIT NUMBER 039369-F 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (3031 8663581 REGISTRATION OF DECREED EXISTING WELL JUL 25 RECD PURSUANT TO C.R.S.37-92-304(8) 1. WELL OWNER OWNER'SrNAME(S) : DANIELOCHSNER ` OPY Mailing Address: 18905 W.C.R. 394 City, St Zip : LASALLE, COLORADO 80645 Phone: 330-3839 2. WELL LOCATION: COUNTY: WELD OWNER'S WELL NUMBER: #1 (Address) (COY) (State) (ZIP) SE 1/4 of the SE 1/4, Sec. 30 Twp. 5 NORTH , Rng. 65 WEST, 6 P.M. Distances from Section Unes 185 FEET FROM SOUTH Section Line, 197 FEET FROM EAST Section line. 3. The well has historically been used for the following purpose(s): DOMESTIC. COMMERCIAL (EGG WASHING AND RENTAL UNITS) AND IRRIGATION OF 10 ACRES. 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on MARCH 3, 1952. 5. The total depth of this well is 25 feet. 6. The pumping rate is 117 gallons per minute. 7. The average annual amount of water diverted is acre feet 8. The land area irrigated from this well is: 10 acres described as: 10 ACRES IN THE SE 1/4 OF THE SE 1/4 SECTION 30: (Legal Description) FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS, THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 1 WATER COURT IN CASE NO. W-4513 FOR WELL NO. 1 THIS ACTION WAS INITIATED BY DANIEL OCHSNER. THE REGISTRATION IS ACCEPTED ALSO AS AN UPDATE TO REFLECT CURRENT OWNERSHIP OF THE WELL Gl . ocli„i„ G-aa, --Act-oz-e/0327-52,42_ Jul 231901 St eer By Date Court Case No. W-4513 Div. 1 Co. 62 WD 2 Basin MD Use 2 FORM No. STATE OF COLORADO Ows12N Office Use only was OFFICE OF THE STATE LodGINEER PERMIT NUMBER 0393740-F 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 8663581 REGISTRATION OF DECREED EXISTING WELL JUL 25 RL'Q PURSUANT TO C.R.S.37-92-304(8) 1. WELL OWNER W E 'S COPY NAME(S) : DANIEL OCHSNER Mailing Address: 18905 W.C.R. 394 City, St. Zip : LASALLE, COLORADO 80645 Phone: 3303839 2. WELL LOCATION: COUNTY: WELD OWNER'S WELL NUMBER: #2 (Address) (C Y) (State) PP) SE 1/4 of the SE 1/4, Sec. 30 Twp. 5 NORTH , Rng. 65 WEST. 6 P.M. Distances from Section Lines 170 FEET FROM SOUTH Section Line, 620 FEET FROM EAST Section line. 3. The well has historically been used for the following purpose(s): DOMESTIC, COMMERCIAL(EGG WASHING AND RENTAL UNITS) AND IRRIGATION OF 10 ACRES. 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on MARCH 3, 1952. 5. The total depth of this well is 25 feet. 6. The pumping rate is 235 gallons per minute. 7. The average annual amount of water diverted is acre feet. 8. The land area irrigated from this well is: 10 acres described as: 10 ACRES IN THE SE 1/4 OF THE SE 1/4 SECTION 30: (Legal Description) FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92304(8), CRS, THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 1 WATER COURT IN CASE NO. W-4513 FOR WELL NO. 2 THIS ACTION WAS INITIATED BY DANIEL OCHSNER. THE REGISTRATION IS ACCEPTED ALSO AS AN UPDATE TO REFLECT CURRENT OWNERSHIP OF THE WELL taro _ cc X92-01_, ,,4 gill 2 3 1991 rate ngineer By Date • Court Case No. W-4513 Div. 1 Co. 62 WD 2 Basin MD Use 2 4. As further consideration for this agreement, Grantor agrees to periodically inspect, maintain, repair, and, where necessary, replace the well, pump, and associated accessories. If Grantor shall fail to promptly repair or replace any defective well, pump, associated accessory, or part thereof and Grantee shall fail to receive water in a normal fashion as a result thereof, Grantee may exercise its rights under paragraphs 2 and 3 hereof. Grantor shall be liable to Grantee for two-thirds of the costs of such repairs or replacement paid by Grantee. 5. In the event Grantee shall be in default on any financial obligation hereunder, Grantee shall be given written notice thereof. If Grantee has received at least 15 days notice, and is 60 days past due on any financial obligation to Grantor hereunder, then, but only then, Grantor may terminate delivery of water to Grantee. A $100.00 deposit, and payment in advance of future monthly fees may thereafter be required by Grantor as a condition to restoration of water services. So long as Grantee complies with the conditions of paragraph 3, Grantor shall not interfere with the ordinary operation of the well, pump, and water delivery to Lot A. 6. Nothing herein shall be construed as a warranty by Grantor, its heirs, representatives, successors or assigns of the quality of water. 7. Grantor and Grantee shall comply with applicable federal, state and local law subject to such vested property rights as they may have from time to time. 8. This Agreement shall be perpetual and shall run with the land. This Agreement shall be recorded for the benefit of both Grantor and Grantee. 9. This Agreement is prepared and recorded in compliance with the requirements of the above-referenced Resolution of Approval of Recorded Exemption No. 1335 dated March 27, 1991, of the Board of County Commissioners, Weld County, Colorado, and is an integral part of the subdivision of L,ot A as approved by said Resolution. 10. This Agreement is binding upon the Grantor and Grantee, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF the parties set their hands this (�day ofulcSEL.4 1991. GRANTOR: GRANTEE: AA 0,6, �� OCL4,..... Q CleCUL.--O � Daniel Lee Ochsner Daniel Lee Ochsner Exhibit A - Grantor's Parcel Exhibit B - Lot A, Grantee's Parcel My commission expires October 15, 1994. WELL SHARING AGREEMENT THIS AGREEMENT, entered this lc day of April, 1991. The undersigned Grantor is the owner of certain property located in the County of Weld described in Exhibit A attached hereto and incorporated herein by reference. The undersigned Grantee is the owner of a .4 acre parcel subdivided in accordance with the laws of the State of Colorado and the ordinances of the County of Weld, State of Colorado pursuant to a Resolution of Approval of Recorded Exemption No. 1335 dated the 27th day of March, 1991, which parcel is described in Exhibit B attached hereto and incorporated herein by reference which shall be hereinafter referred to as Lot A. 1. For and in consideration of one dollar ($1.00), the covenants and agreements contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants, bargains, sells, transfers, and conveys to Grantee a one-third interest in the domestic well and water therefrom located approximately 75 feet west of Lot A on Grantor's parcel described herein, which well currently provides water to the farm residence located on Grantee's Lot A, for the purpose of providing to the Grantee the continued use of water from said well in the manner and for the purposes which have been historically established at the residence on Lot A. 2. Grantor hereby grants, bargains, sells, transfers, and conveys onto Grantee the right of access from Lot A to said well for the purpose of Inspection, maintenance, repair -and — replacement of said well, pump, water lines, and any other associated accessories as may be required from time to time. Grantor further grants, sells, transfers and conveys unto Grantee a right of access over Grantor's access road from County Road 94, County of Weld, and over the driveways of Grantor's parcel for the purpose of providing access to equipment reasonably necessary for the performance of any such inspection, maintenance, repair, and/or replacement. 3. As additional consideration for the grant of said water and well rights, and said easement and access rights, Grantee hereby acknowledges and agrees that said well has served and shall continue to serve s residences currently located on the property consistent with historic use, and, accordingly, Grantee agrees to cooperate in the continued shared use of said well. Grantee further agrees to pay to Grantor the sum of Si n 00 per month, due on or before the 10th day of each month, for the purpose of defraying ordinary costs of operation, maintenance, repair and/or replacement of said well. Grantee agrees that in the event said well or pump require maintenance, repair, or replacement, Grantee shall be responsible for one-third of such cost. To the extent Grantee's share of the cost of operation, inspection, maintenance, repair, and/or replacement exceed the monthly maintenance fees, Grantee shall pay to Grantor Grantee's unpaid share of such cost within 30 days of receipt of an invoice therefore including documentation of the costs incurred. As further consideration, Grantee agrees to be responsible for the entire cost of replacement of the water pipeline or pipelines connecting said well and pump to the residence on Lot A. LOT A v,All that part of the Soutt east carter W of the SE1/4) ot Section Thirty (30), TOwnship Five (5) North, Range . 6th P.M.. County of Weld, State of Colorado, described as follows (All bearings HBoohioned 1197 under Recepin are tion Ho. 2142/31, att the Weld Plat Ccunty Clerk and May 25, 1988 in Recorder's Cdfice.) : Cementing at the Southeast Corner (SE Cer) of said Section 30 and considering the ewth Line of the Southeast Quarter (SE1//) cf said Section 30 to bear South 88° 03' 06' West with all bearings contained herein relative thereto; thence North along the East Line et the Southeast Quarter (SE1/1) of said Section 30, 80.00 feet to the True Point of Beginning; pmtinuing North along the Fast Line, 110.00 feet: theme South 88° 03' 06' West parallel to the South Lisa of said Section 30, 120.00 feet: thence South parallel to the East Line of said Section 30, 110.00 feet; thence North 88° 03' 06' Fast, parallel to the South Line of said Sectioa30. 120.00 feet to the True Point cf Beginning. 1.(OT B . The South Three Ru:dred feet (S300') of that part of the Southwest Quarter of the Southwest Quarter (3.11/4 94/4) of Section Twenty-nine (29). Tonship Five (5) North, Range Sixty-five (65) West of the 6th P.M., lying West of U.S. Highway No. 85 and South of the South Platte River, in the County of Weld, State of Colorado. All that part of the Southeast Quarter (SE1/4) of Section Thirty (30), Township Five (5) North, of Range Sixty—five (65) West of the 6th P.M., Q ty of State of Colorado, described as fallcws: Beginning at a point on the East Line of maid SE1/4, Section 30. Township 5 North, of Range 65 West, u iich is 300 feet North of the Southeast Conner (SE Cor) thereof; therce South 300 feet to the Southeast Corner (SE Cos) of said SE1/4; thence South 88° 10' West, 1168 feet along the South Line of said quarter section to a point on the Fast Line of the County Road running across said quarter section; thence along the Easterly and Southerly Line of said County Road North 16° 14' West, 300 feet; thence Fast in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Bade 669 at page 415, Weld County Records. MCEPP parcel of land as conveyed by teed recorded in Bock 1414 at page 454, . Weld County Records. — - FURTHER EXCEPTING T}ETETROM all that part of the Southeast Quarter (SE1/4) of Section Thirty (30), Township Five (5) North. Range Sixty-five 1651 West of the . 6th P.M.. County of Weld, State of Colorado, described as follows (All bearings mentioned herein are in reference to Land Survey Plat recorded May 25, 1988 in Book 1197 under Reception No. 2142431, at the Weld County Clerk and Recorder's Office.) : Co rencing at the Southeast Corner (SE Cor) of said Section 30 and considering the South Line of the Southeast Quarter (SE1/4) of said Section 30 to tear South 88° 03' 06" West with all bearings contained herein relative thereto; thence North along the East Line cf the Southeast Quarter (SE1/4) of said Section 30, 80.00 feet to the True Point of Begirming; continuing North along the East Line, 140.00 feet; thence South 88° 03' 06" West parallel to the South Line of said Section 30, 120.00 feet; thence South parallel to the East Line of said Section 30, 140.00 feet; thence North 88°-03' 06" East, parallel to the South Line of said Secticc-30, 120.00 feet to the True Point of Beginning. RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION N0. 1335 - DANIEL OCHSNER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1335, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1335 was submitted by Daniel Ochsner for property which is located in part of the SE/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 7.8 acres and .4 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services evidence that the State of Colorado Division of Water Resources has approved the contract between the applicant and Central Colorado Water Conservancy District to mitigate the out-of- priority depletions from Moody Well 111 and Moody Well #2 which serve the subject property. B. The applicant shall submit evidence to the Department of Planning Services that both Moody Well 111 and Moody Well 112 are equipped with totalizing flow meters. 1) C. The applicant shall submit evidence that the State of Colorado, Division of Water Resources and the Weld County Attorney's Office have approved a joint maintenance agreement for the management and operation of the well to be shared between the two proposed 910225 Page 2 RE: RE #1335 - OCHSNER lots. This maintenance agreement shall be recorded in the office of the Weld County Clerk and Recorder. The applicant shall be repsonsible for paying the recording fees. D. The applicant shall submit evidence, to Environmental Health Services and the Department of Planning Services, that the existing septic system does not lie underneath the flow of vehicular traffic on proposed Lot A. 2. An ISDS evaluation shall be performed by the Weld County Health Department on all existing septic systems prior to issuing the required septic permits on the existing systems. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D. , 1991. Mill 1 BOARD OF COUNTY COMMISSIONERS ATTEST: �DD WELD COUNTY, COLORADO / Cr? Weld County Clerk to the Board EXCUSED DATE OF SIGNING - (AYE) Gordon E. Lacy, Chairman //, -M // N Deputy 4ik to the Board G e Kennedy, Pro-Tem APPROVED AS TO FORM: Constance L. Harbert County Attorney C. W. Kir/4°1777/15,77:1" 1AltZ W. H. Webster / 910225 r_. fit,_(� ligt DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET Wil P GREELEY,COLORADO 80631 C. COLORADO March 27, 1991 Board of County Commissioners Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption x/1335 Dear Commissioners: This Recorded Exemption application is submitted by Daniel Oschner. The parcel of land on which this request is being made is described as part of the SE4 of Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is located immediately south and west of the intersection of the Platte River and State Highway 85 between the City of Evans and the Town of Lasalle. This request is to divide an 8.2 acre tract into two parcels of 7.8 and .4 acres. This is not the total contiguous land holdings of the applicant. The Department of Planning Services' staff recommends that this request be approved. The applicant has demonstrated that this proposal is consistent with all requirements of Section 9-2 E. except 9-2 E. (e) and 9-2 E. (i) which read as follows: (e) That the minimum size of any building site, tract or lot created by such land division shall not be less than one (1) acre, except where smaller lot sizes are allowed in a specific zoning district or except where specifically exempted by the Board. (i) That the proposed lots will have access to an adequate water supply. The staff's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: a. the applicant shall submit to the Department of Planning Services evidence that the State of Colorado Division of Water Resources has approved the contract between the applicant and Central Colorado Water Conservancy District to mitigate the out-of-priority depletions from Moody Well #1 and Moody Well #2 which serve the subject property. 91.022 Recorded Exemption x/1335 Page 2 b. The applicant shall submit evidence to the Department of Planning Services that both Moody Well #1 and Moody Well #2 are equipped with totalizing flow meters. c. The applicant shall submit evidence that the State of Colorado, Division of Water Resources and the Weld County Attorney' s Office have approved a joint maintenance agreement for the management and operation of the well to be shared between the two proposed lots. This maintenance agreement shall be recorded in the office of the Weld County Clerk and Recorder. The applicant shall be responsible for paying the recording fees. d. The applicant shall submit evidence, to Environmental Health Services and the Department of Planning Services, that the existing septic system does not lie underneath the flow of vehicular traffic on proposed Lot A. 2. An ISDS evaluation shall be performed by the Weld County Health Department on all existing septic systems prior to issuing the required septic permits on the existing systems. 3 . The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services . The applicant shall be responsible for paying the recording fees. Sincerely, Olles‘Les.nt. Brian A. Grubb Current Planner 913225 — s APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: oo APPL. FEE 760 CASE N0. ,(2E 133 5 RECORDING FEE ZONING DISTRICT Ara RicAil--rLOZAl— RECEIPT NO. /794417 DATE APPL. CHECKED BY 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 Exhibit A,Legal Description TOTAL ACREAGE: 8 . 212 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 l FEE OWNERS OF PROPERTY: Name: Daniel Lee Ochsner Address: 2888 Bluff St . ` t-) / Phone: 888-0341 Name: n/a Address: Phone: Name: n/a Address: Phone: WATER SOURCE: Larger Parcel snAret>h161-L.. Smaller Parcel . I-Ibtz iD TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel USR Smaller Parcel Residential ACREAGE: Larger Parcel 7 . 827 Smaller Parcel • 0385 EXISTING DWELLINGS: (Yes or No) Yes (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 STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of �, 14/. "e• iQgEAL) { te, 011 )••••74... .. .'•�+I! C . N to ub d{� � Cl � n : My commus:a~ e., —,a::cr 15, 1994. 91®225 My Commission Expires -" FAX STATEMENTS OF APPLICANT, DANIEL LEE OCHSNER, FOR RECORDED EXEMPTION APPLICATION These statements are being made and submitted as part of the Applicant's application for a recorded exemption of certain Agricultural District property located in the County of Weld. These statements are being made to satisfy requirements for statements set forth in the "Application Requirements" section of the Recorded Exemption Procedural Guide of the Weld County Department of Planning Services. Purpose. To permit the rehabilitation of existing property, reconciliation of numerous ownership interests and to permit orderly financing. The primary residence on the property, which has been in use for over 50 years, will be identifiable as a segregated lot and residence. The subject property was originally owned by the Moody family. Due to the death of the parents, four children owned undivided interests in that property. By reason of certain judgment liens, a third party also obtained a one-quarter (1/4) undivided interest in the property. Upon sale of the property, the children retained a secured interest in the property. In order for all of the varied interests in the property to be reconciled, and in order for the owner of the property to obtain financing for the operation, maintenance and upgrading of the entire parcel, and the settlement of all claims and interests against the property, it was necessary that the property be divided into more than one parcel to allow the differing interests to be segregated. At the present time, the owner is obligated to seek the subdivision of the property in order to secure the property interests of all of the parties pursuant to written settlement agreements and purchases and sales between the multiple interested parties. Subdivision of the property, particularly improvements and fencing around Lot A proposed by applicant, will serve to upgrade the use of the entire property. Comprehensive plan. The proposal is consistent with the policies of the Weld County Comprehensive Plan because the proposal will result in the upgrading of a long-standing farm residence in an Agricultural District. It is within the planning zones for both the towns of Evans and LaSalle. Further residential expansion by these communities would not be inconsistent with continued residential use of this property. The residence has been on the property for at least 50 years and has been used as a residence the entire time. The segregation of the unit from the remaining portion of the property will enhance its use and upgrade the entire property. The proposal does not change an existing use or intensify existing use. Zone District. The proposal is consistent with the Agricultural District in which the property is located because it continues the prior existing residential use of this old farm house, and in fact, upgrades that use by creating an identifiable residential lot. This particular house is not necessary for the continuing operation of the adjoining Agricultural uses. 31C225 22J Uses. The permitted use would remain residential. This is compatible with the historic as well as the current use of the property. Therefore, the proposed use of the exempt parcel is compatible with existing and surrounding land uses. Future Use. Continued residential use of this lot has been contemplated and is consistent with the County's need for preservation of low income housing. Subdividing the house and fencing the parcel will be consistent with the adjoining uses because the fencing will serve further to cut off any perception of access to the rodeo facilities from Highway 85, and will serve to segregate the residential use of this farm homestead from other uses. Orderly Development. The proposal will not be inconsistent with efficient and orderly development because it will continue the present use of the property. As a separate lot, the residence can be separately financed, and, therefore, maintained in the future. Therefore, future development will not be adversely affected. Water and sewage. The parcel is currently served by a domestic well located on Lot B approximately 75 feet west of the house. See State Engineer Permit No. 1523R dated February 15, 1960, and Court Order dated May 16, 1975, In the Matter of Robert R. and Jessie Moody, Case No. CV 4510, J. Carpenter. The Court Order allowed the domestic use of two wells. (Livestock and irrigation uses are also permitted on the second well.) The house is currently served by a septic facility for this particular house located within the proposed lot. A well sharing agreement will be recorded with respect to the well. No increased use of water or of the septic will result as a consequence of the subdivision. The house will continue as a residence. Flood Plain. The property is within a flood plain. Lenders have been secured by the acquisition of flood plain insurance. As already noted, the property has been in existence for over fifty years. The subdivision in and of itself will not alter such a use. The subdivision of the property will enhance and upgrade the use of the property and enhance its insurability for the benefit of the parties interested in said property. M . A map conforming to the requirements of the Recorded Exemption Procedural Guide paragraph 13 is attached as Exhibit B. The Map recognizes existing rights of way of Highway 85 which shall not be impaired. 910225 RECORDED 4./EMPT/ON No. SKis :CH PLAN PART OF THE SE //4 SEC 30, T.5N., R65W„ WELD COUNTY, COLORADO ,, . ..,.. r it r 'SE�Carner R4i Section 3 ie ri 2 \ le N 88.03'06"E ;Da cs rand *Ness Cor. M tr/Std Alum Mon, NOT TO W Not MarkedZOO /00 0 ZOOSCALE Monument Record Found i; ims imi sis !o � �of Weld Cotnly Clerk B: , r Recorder's Ol/�e �'p! SCALE l" = 200' 2....„/VI I ' )` E 1/4 Corner '' 1, Section JO l i h o Q b LOT 'A" 2 N ), 0.385 Ac. /'- S 117.3759" W 1254.98' —1 S 88.0306" W w g 120.00' of • Z S0• Z-Access �' % LOT "B" 0 Rood 7.827 Ac. 1 d CI vo.00' Access Rood "' L.... N 8B'OJ1�6"£ T.P.O.B /20.00' O 16800' 80.00' -......._____o_ N 86.03'06"E 2606.64' See inert Abow S 1/4 Corner Secllon 30 37th Street • Section 30 e . T 5 At R 65 W L''; E 1 42nd Street' • co EJon! 0,6....\,../ ��''` 910225 LOT B �,+` r Q � Total Engineering Service o Ouch LOT A ®© 331 Slots SnivelE ar4 CO 80620 L OCA T/ON MAP 303) 339-5PM DATE.• /-4-90 Scale /1.'2000'1 SHEET: I OF 1 L..- ! is Hu HM jr ' a5" - i r y1 t Yr O,4, ;,y:. . �r ,U' {. " ' It `q r _1111._ __.. .._.....L._. ... ... . .. ...�.,;� ,,. , 4,, Lai AL LlleSS'R)Ll k)a All that part of the Snuthca+t t,h,etta. 'SP., 1141 114, 'II `,anion Thirty 4301. "township Five (5) North, Range Sixty live' tiSx Went of she 6th 1'.M.. Weld County, Colorado, described as follows i :, I: v . Commencing at the True Point of 1leijominr ;Ole soujh4ast (SE) Comdr of .1 ,1 said Section 30; h tt u+ ,`'! `I thence South 88° 03' 06" West, 1168 feet aft the SoidN'Line of said ', 'I, quarter section to a point on the East Line trtp„he County`Road running Northwesterly across said quarter. secliOn A4 ,.,L: \ thence along the Easterly and Southerly line of said County Road North 16° 20' 54' West. 300 feet: thence North 87° 37' 59" East, 1254.98 feel to a point on the East Line of ' said Section; thence South 0 24' 31' West along said East! Line, 300 feet to the True Point of Beginning. Said tract of land contains 8.212 Acres, more or less, and Is )subjectto any rights-of-way or other casements as granted or reserve/by instruments of record or as now existing on said tract of land. CERTIFICATIONS 1 (we) being the sole owner(s) in fee of the above described property do hereby divide the same as shown on the • attached map. (Signature) (Signature) The foregoing certification was acknowledged before me this day of A.D.. 19_. My Commission Expires Witness my Hand and Seal Notary Public 1 hereby certify that this plat was prepared tinder my supervision; and that the same is correct to the best of my knowledge and belief. Registered Land Surveyor, Colo. Reg, 1125937 The plat is accepted and approved for filing. ' Department of Planning SCn ICCS :I Director i,! '!Id The foregoing certification was acknowledged before me this day of 4.D.I 19_. fo( ?' My Commission Expires: Witness my Hand and Seal Notary Public 910225' , St �'r � '" Tola/ Enginsprkg Service i p . d. I , (If 11 1 .AF.� le I � Sts Street y! il'Ytd.. GC0 8000 r I ,t I r��, I, i' , 1-,,, ", �„ a i I. r t ". ..- . _ MOP 'DATE ' SHEET: OF CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO ) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD ) The SONESTEAD TITLE CO. OP GREELEY, INC. hereby certifies that it ham made a careful search of its records, and finds the following conveyancee affecting the real estate described herein since August 30, 1.972. LEGAL DESCRIPTION: Ail that part of the Southeast Quarter (0g0%) of Section Thirty (30) 0 Township Five (5) North, of Range Sitsty.-five. .(65) Weet of the 6th P.M. , County of Weld, State of Colorado, described as follows; Beginning at a point on the East line of said SE'1, section 30, Township 5 North, Range 65 Weet, which is 300 feet North of the Southeast Corner (SE Cor) thereof; thence South, 300 feet to the Southeast Corner (SE Cor) of said SEk; thence South 88010' West, 1168 feet along the south Line or said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence %long the Easterly and Southerly Line of said County Road North 16°14' West, 300 feet; thence East In a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed .recorded ir, Book 650 at page 125 and corrected by Deed recorded in Book 665 at page 415, Weld County Records EXCEPT a parcel or land as conveyed by Deed recorded in Book 1414 at page 454, Weld County Records. CONVEYANCES (if none appear, so state); Reception No. 1683232 , Book 761 Reception No. 1707555 Hook 786 Reception No. 4045494 , Book 1;Ob Reception No. 433619 Book liAR Reception No. 2185937 , Book 1218 Reception No. 2237714 Book ioAh Reception N0. 2238532 , Book iptit Reception No. 2238534 , Book 1287 Reception No. , Book Reception No. Book This Certificate is made for the use and benefit of the Department of Panning 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 HOMESTF.dn TITLE CO. OF GREELEY, INC. , is hereby 1lmited to the fee paid for this Certificate. In Witness Whereof; HOMESTEAD TITLE CO. OF. GREELEY, INC. , has caused this , certificate to be signed by its proper officer this 44th'" ' day of Fehrne—y , A.D. , 19__21 , at 7:45 A.14. o'clock. HOMESTEAD TITLE CO. OF GREELEY, INC. • o .,• b� H ` , 0�'�.y pryea SEAL, 4 n r •••FO 21,V,•?h`,• Aut71v: Signet nature as'fi ......r., t% ' r'7r,�PpC9'L1+FS{tlet��"� .r `910225 E3 ,-.',7 J.. _7:45• Hct1ES EHll '_-!_E P." ., 1 'e am.mPd.d ma �.r..1..... ........fd0ek.,.�d.a6,........., ,�Q.W-. 6........_.,......_ O agma•an Ne..,......'j .... ... 4.I�a1RIda..aL_..M.edi. -' r4 ...... ....... rw I Ima DBBq Node this lath rrw March Cdr 9F .— _...`_ ty bans ROBERT R. MOODY 1 la P WIlwtaa Owmtrw WELD ead•ead faanaa.edMs OM part,ad „el :' IRENE MOODY a I Od 1M Cass at Weld sad sae at 11 O *WOWS w dot awl•rub • wITRBYBTII.That the ra pasty w am eat oak.rum w In mdestkai w the ME w I! ll �'_µ�4D� (a1t.0 and aoftha r good and valuable OoneideratIr w*",. OPark part add 4 W maid pWlr w tla rrs Mr4 O is soma attar sod oasswisepod,pen Muiw4 nand. wain ways mad YVrr CLAIMS% ad 4 I I ii l! Itaws pants do es numbs,ads all.anal mad Ou1T OLAIN unto a we to ad t yy dada awed sea I he r Isla eaeesumn and ram lYwr,dl W Neat, WM karma dabn ad Sand aria Oa meld It ',I Puma w the not put ha a 10 had a to 10acwad datelad la or areal of lead alma trim aaa Shwa Gout* as M et we s.et Wend*.r r1, I n ,� t �� ' Sactlon � I 30, t-rrnahlo 5 North, Range 65 west of the 6th P.M. thereof, s ail • ,e 4. tart of the Southeast 3./A shifter described as I fat , wst Beginning at a point on the East line of said South- Esc' its which is 300 feet North of the Southeast corner tl.oreort thence south 300 feet to the Beutheamt porner thereof,; tt.ence South 88 Degrees 10 Minutes West Si6A fe•t alone th• w-Arch line of said Quarter section to a point on the East line or the county Road running Northeasterly across said I,' Quarter zection; thence n.onst the eseterly and 'southerly line of Said Counts Road North 16 Degrees is Minutes West I 300 feet; thence East Sp a straight line to the point of beginntnni except Telephone Sine right CT way as in deed �I, in Book 995. Page 36u Weld County re pe rda. III Together with all improvements thereon; and toget''rer with all water rialto and water conveyancing right's eepurtenanr I thereto, 1f any. j Being in the County of Weld and State of Colorado,' TO MAY1 AND TO ROW th•tomes,Motbar elta all and stria tae appoteraas and pathos SWIMS ' tmkeaae or In saran amnia arsetold4,umw dl oho wok,ryea Y1y.lama mad gala whdwera Of W I, aid era ,y et*.fiat wry enter is Ins to pears ban*OW Wear w,San ad"Ma GI o•mil II Pet V w aY Yid plea her tale sal sada Sear. 1N WITNHll WHERE0F',Tea aid wetv w as dint art tag henna as ?jig had ad si the ay and par tins Oa*wawa. II lslaw,lead ad Dellnad in let Prams w ROBERT P. ,MOODY - peal l 1 , adS:tYrs.PMFIfilli"t...* ail DENVEN li, I �l ,, Lstaast am+dumtwlwpd Ewan as thin i',.t h daled I�:aP ah , t 0!:T?RT A. MOODY X0a 4 er .. W7 stYraden spines Tu 1 V ;1 ,It r;.Wlinna lee hind and etllaal sal. I ,, r ` --w II ., h.:,f-..FHs n,t.......::...C._,""iL:L...' . I 'I h.! Y e.4am.VVT G4Ywmmlt '•,lanaa 'nP,.A its. 1•.eM'f.CW G')•Pntll i,i, - 910225 - - - ". FEB 07 '9. 17:46 HOMES'ERL' ".`LE el , .r �i},4'4_lrRi" A t "l iv ley 1� i, �� 31-h' tie 9 ' YH u.• wC t r �i - � ' .� �.i j,.1 �w, .m r 5.' r, 1 ti8 w r"T� , ., p, w0 Ja A-4- \1 , r r ! a " : ! .w t , r�`43. t �yla r . - • y ; °n'K'78 aiai 6 dwea.. . .. ...odr4d'a,,._^EC...a..n.l9Tfi.. . _,. ...,...,,. ..,.... • N Eaertlm 21p.,,.. tMAY ANN pfOWtalrt /-/ 4'Pa, 2be DM Maw Wa pet w end ti gar ill '76 ' �., hopper IRENE MOODY iii KIM rya weld Gad eweet Galindo.K Ow Out pert,and r ROBERT R. MD'5DY o Ktho Owe of weld end wtaW - " Winder Of the aimed part, ' wresteesm,mei um we pen V te W fleet wry for pad In eenddernlr g The lam ail a TEN DOLLnRB ( $10.00) AND DT[DTVEN VATdlti LE CONS IDE l0 E-- pOtdaa SINK ' to the tale port y of the fleet pert Is Mind Odd We said part y el He Went�WA,Ih moist wised II Mereiw morseled end aelmewledpe4 has KRIS,rdaimd, reld, $moped and gV1T CLAIMED, end be e.I 1Mw ralmmte de es ruder,}tetra,all,tanwp Me PRAT cradle data re NM pert y KW nod part, h 1 s belts.eeenamM and anises,torxvr,a0 eha$dole, MI*, letawd, dela end aawaea whYh the sad part y of W lint pert he s la end few denudes dewrtbod lot at panel of Led DWI% lints sad tulip le the Coaatt of We 1 d earl state et Odoreda,to wits _ In Townah 1p 3 North, Range 6g west of 'HIP 6th ^,m, ; .with other lands) In Secttan 30 thereof, hereo , all that hart of the 7^ Southeast cne-quarter thereof described as follows: acglnr,ine, at El a coin,' or t11-,,t. 6aa', line or said Southeast one-quarter which iS • U2 300 rest North or the 6t,,theeat corner thereof; thence south 300 feet tai the Southeast corner thereof; thence South 88 be Pr Oda See -Mir..:tes !pest 1168 feet mono the Sornth line of said oaartet section to a point rn the Fast line per the County Read running Norhteasterly saro3a saki quarter .action; thano• alone the eneterly and evutherly line of said Dainty Road North 16 Degrees Ili Minute, West 3C0 feet; thence East In a straight line to the aoint of beginnin F; entrant Telao'nnec lint right or tray ae to Deed 1n 3001: 9?5, rage 354, Weld County re Cards. Together With a1] tai,orovements thereor; and•together with all water. rlgnte Ana vats.^ aonverencine, rl Rhte appurtenant thereto; , o' TO MAVO TO HOLD ski ma ,�Ye.her ebb all me onorvIn ea Veuwenene.•d pdrllaan ehenuata a H 1.14Daw helnpinE or In animist µerewrto epee tender,and ell the esteW,debt,Ube,'Meat and deem ohemreer,of the era part of the Ent path Whet In low or pWtt to w anlr peeper few,benefit and Whoa of the add pert Y K an awed pars Ill e rein rd a111drII fervor. IN WITNESS WHEREOF.Tim maid party Ono 1mk smut hap Mrannm tat her hand end reel the ay �.y� pop''' a a year foal abate wekpn,.<rjr tt,rc,,_ ...,.A.J 746-49 �Y')W v [9£AL] Nina.&AA end Delivered In the Presentee! _. , IRENE M00JF _. _................_...._.................,..... .......... ....,......ieEAL11 �I ,..._......................... ..._.......................... .. . . .....[eEALI ........ . ... .... ... .. .._.._...(sEAL) ,w, STATE OF COLORADO, 1 i OM*of e- tI[ (w TM re tam r:er (74.1• rmpdM`IUY„maal who dolaiow lefen me MN -7i. day of mow,; -fl a76,1e IREIIE MOODY �' me Mnrlaal•n a•wnY ( a/ ,tie.Winne tap Sane end MOM ems r � 1 Lan Mils i + o .r er,.st•a s i al hoe M 1 O ....� A • a � ' - Na sit.$arc cr new peeu hip II 0 i II new a...:,:.ce m.�•a„a,.De.,„,,ca,...m vrr.eoui u.n { IPM ply, • 91®22 " Jya,e,, ..:.bu✓!5,EfI, 11�Xti�J�Y'4'14M4K'ro��NA��vw 5�c ; u , �-:`{ t .1". .. _, � k • a a , yq 1r7.7; ,4:Ydli 454• r94 73 1166 R_ ,. C204.5994 G3/t)/6G 0,9:27 t "i n/ v Y:r( a�gY F 0008 MARY ANN FE;UERSTery CI.r,Rx a RECORDER wSLO co,OCo r� °(c /6 W,I " ,. 4 ! L ?.. U" r�y'.; DEED OF OT6'f RIBJTION l +.!� !. PERSONAL R_L_PRESENTA1_IVtI n' (4y L4J'''•' 4JP 4 Aa Jd.rPY;?'. THIS DEED is .mad; by Pamela Irene Valencia as PersonaltZ'' 4 y "o Ati'' 10:,'� Rapr,eacntativc of the Astato oS Rcheit R. Moody. a/k/a Robert. " �{�.,. Lg ,i.tt Raymond Moody, Decaasel. Grantor, LJ PAMELA IRENE VALENCIA, )r!;' 4� � ,•.,r, °(°•�'ry;, 2600 E. 24th Street, Grecley, CO 8063).; PECGS JEAN PLATTER, ri y-,k ry n L1A y r i , µ P � ai �� P. O. Box 480, LaSalle, CO 80640-0480, NIC;)AEL WILLIAM MOODY, r l''''„20 tire= 25041 U. S. Highway 85, P. 0. Box 640, LaSalle, CO 80645-0640; ( '- AK and RAYMOND JAMES MOODY, P. o, pax 640, LaSalle, CO 60645-0040, ;1411e , 4k ;'wy, Grantees. �. r WHEREAS, Robert R. Moody died intestate at Lasalle, Idt ` Colorado on October 21, 1914; and P d ,r o , 3 ,t, s;. +4 WHEREAS, Grantor was duly appointed Personal Representative ' `� '' • ° , of said estate by tho District Court in and for the County of I 'J, y7 Q, ,,J •n7.d ;f Weld and State of Colorado, Probate No. 84PR296-I, and is now Xi. qualified and acting in aaid capacity; and . 1, I ) a, WHEREAS, the Grantees ars determined to be the persons r" •w,. h .m entitled to distribution of the hereinafter-flesaYlbed real r . ,"" ;t4$, property, and Grantor is authorised and directed to di■tribuw �'- �•. i"1.!' ( iaF ' ... the acme to oranteee: t 3-W.. f NOW, •:HEREPORE, pursuant to the powers conferred upon :hP i' F 1r Grantor by Article 12, Sections 711 and 907 of the Colorado , J .'" y+- Probate Code, at-enter ae11a, convoys, aaaigna, tranafere and (. :,:f r*. releases to Grantees the following real y 4 property in Weld County, ! .•. ' WA' Colorado; m Parcel 1: The East 50 feet of the West 150 feet ,,' ii 11 � ; : o!`Ehe'Eaet Half (Ek) of the Northeast Quarter (NEk) of the Northwest Quarter (NW14) Of Section §-.‘' 'r .•G'ry Thirty-ono (31) , Township Piva (5) North, Range ' r AY Sixty-five (65) West of Lho Sixth Principal Mer'_1 a excepting therefrom the property described as an * '�, i+ y exception in peed reacrdad in Book 1064, a. ', T';� Paso L13 of tha Weld County Records, reference a <; • i to which is hereby mado for greater certainty, d � y, Parcel 2t The 8uk of Section 24, Township 7 r � ""- N617i7 Rangs 63 went of the 6th P.M. , Weld County, Colorado, axoept for that portion of ,�'• •�� . said SEk of ,Station 24 ea WOO conveyed to the :°a` l., '; "v Union Pacific Pailread Company by Warranty Peed er recorfled March 24, 1909 in Book ]0O, page 149, Na 1 5) County nannran; v i, f„ E , y� a; 'w f w 4 910225 , ooh '7 4,. _,µb d',Jh CS cyL. . , �1 3n+" R 110fi ace 0 S5,00 11 6994 U3l,3/96 09:27 a r 0009 MARY h. . PEUrnsollN CLEAR 5 uncoscra WELD CO, CO a t " •,.17,,,,h1: ,�p � Y ni„Y - e rP a Yt. it-, ,Y,` h oc! fP/ Parcel 3 The South 300 Past )C that pare of tilt , ;w *! 4{y,n SV,'TJ�hc SW' Suction 3C [ >inehtt 5 North , . u W r tii a, Range 55 West of the 5th P.M. , lyir o V .t of S. xt¢r�c + } � , ,.1, €,04.` Righway No 8..0 ,:nu South of LOP South A .dtte River, , W., .` t ' ' ,'::.t ,'.l '. l:� Squid County, Lt Icy+ talc). 4 r } l �LVr S.1) ?! 4 M All that part Of the or c- _l.on, 3). Towr, 'hip 5 i '4 z:r, North of Range 5° hest of the fth P.M. , Weld county, iit kr • Colorado, deseri.hed as Se 1cH uayilnio at o point s' d ,„ �, on the Last lino of said Sirs, Suction 30, Township 5 , �'l'( °';. i �.r, North, of Range 65 Heat, which is 300 foe4 North of w� r:: the Sonthoaat corns thchecf: thence Scut' 303 feet �rt �:5'.' to the Southeast corner of said SP; thr ): south a U�f4 88°'.0' Wost 1.16A fret along thy) South 11Y.• of said 1x ryu,a,t quarter section to a point on tl:o poet lino of the 4‘,).1'.'' 1y County Road running Northeasterly acccss said quarter ^ �� ` N section) thence along the %asterly and Bbutherl y line r "'' ' Y.t4 of said County Road North 16.19' West 300 feet; thence ' ' P P. f{� 4•' East in a straight lSne to the print of beginning. Itr'1 r�'�'�' rr Nt t 'r EXCEPT right of way as Scanted by Deed recorded in a r° . : P. i book 650, Page 125 and corrected by Deed recorded ' t" ,'4` .4.,' . in Book 669, Page 415, Held County Records. ,N+{ EXCEPT easement as granted by Instruments reCOrded " •.in Book 15, Page 68 ,.nd in Book 975, Page 354, weld Y" `,1 county Retards, " .Ci.P r! D . EXCEPT parcel of land as conveyed by Dead recorded ,m , n Book 1414, Page 454, Weld County Records. '" �, ''? ,,4,i;y v •w!" 5;,ag.gt EXCEPT rights of access to and rrom any part of the "vr 't right of way of Stato Highway Ho. 3 es conveyed to t, ' Wr The State Highway Commission of Colorado by need ;3)4W;, ,a lT, recorded in Book 1414, Page 45E, Weld County Records. t 'rr b n. fil The STA of the HWy of section 29, in Township 5 North ' , �a ! ,'. of Range 5r Went O. the 5th P.N. , Weld County, Colorado. ,w,, iQ 1 ,r EXCEPT right of way as conveyed by Deed recorded in k', 1 Nf Rook 99a, Page 5ed, Weill County Records, ;i, h , , k "s' EXCEPT parcel of land A9 conveyed by head )boarded in + " m; Book 1155, Page 610, Weld County Records. ' i r EXCEPT right y y ]r*, , P o£ way as Conve eC by Deed recorded in r y^�,� P, r DOOk 1413, Page 617, Weld County Records. / t' 7n�` . .. rights of access to a. " EXCEPT rl and g from any part of the right of way or Colorado State Highway No, 3 as con- 4` veyed to the State Highway Commission of Colorado, , + �i'" with the exception of Limited Point o£ abases sot ry t+,.• r cut in hoed recorded in Book 1413, Page 619, Weld County Recorde, with all annnrtenanoea, yy;r,r r Executed this Rr+ n " " �� day c£ ��( 1 , 1985. 4. 1 /�} i 4 �r Y J' Q STATE OF COLORADO `' V°' 1'arna.a )fin a enC a, Persona r'ul.;y • COUNTY OP BOULDER ) es. Representative of the Betate of ,4 ,1,1 ' 1 Robert R. moody, Deceased 1tiyt� ya w ,u,,,rh°n a'� 1., .a ,. is a The fnregOl�g ln6krumsnt wee acknowledged heforo np this i 'l� " day of /i'lp,yt<y° , 1965 by Pamela Inane Valencia, y +;•' onal Representative of the atate of Robert R. Moody, Deceased. , f ? ,114301A Pi,\ f r91,' s_ ?A 0_04. Witness my hand and offie�jal. sta.). k NE'.NU�\t�1." my commission expiresg'„�1,t, ).&acct 4, JQ,�"t6 , !' k` i Hy•, , ..4r.' '',1-ti .),:. .vt r .Not:. ry Public G� 916225 FEB 27 '9". _ 7:69 ,00,75 'flD —1—LE P l aL;,} eel B 8 RBC 01133610 03/10/0e 1gaeS .00 1/002 +1 AN2133L19 y ,._,1 MARY ANN PEllERBTEIN CLERIC F RECDRI . MELD CO, CO y y 1g p ;F•' 111 is .. \l'ANNA9'1'1' iIF.PU t I;;1 1utall Srae DoeumenroN Fee j TIIIS DEF.O,h4k Vn. 23rd aa,.a February In 68 . I Da ;. '1L.-- i e hwnn . rANIW IATHe VALENCIA, PtnCY lkAPl a1,AT1'GR, f �� I- ,} ` 1 M ICIIARL V'. nd iL1AX M000Y, a RAYMOND .IAME4 MOODY n L + ff 1 1 l al the �t + � I D.whry of Wald sire b rolaWA• a„nnn a ati +I t 7 • .. // DANIEL LEE OCH3NBR and BARRY J. PAYANT IS : { I +n*e kdd ay,,,,,, P.O. Box 66, Eaton, CO 6061.3 __ II 'I; ' utom Carer Weld .Sire of Paredr prowl es I: WITSFASIML Thee the heather.he the it aaWereee bah.w,a (F 25,000.00) 'II I EIOIITP PIVR THn URAMD ANC N0/100TH*- n - - u. ue - - . - - - DWAIN. IM ranee drlallieitr la h hah n lathy al gwledp.I,M v6 paanl aeM llma +.alaM Li*anI.bd by thew Falb i a pen: 1 y hadan,,al.enoal..a maim'.ma the tint,a, their hen or rape.Infal.ellh ran *anal.maw.. ,n.M•wrsnn• ; ' if any.babe,Ipny a l Mnt a lte etheel ee We 14 ,Mot of OAvrJn. '+ amnal a hAY.... ! tee EXHIBIT "A" attached hereto; together with all oil, gas end mineral rights; , and all right, title and interest in and to that oil and gas lease retarded in Book 1075 under Reception No. 196087e, subject to judgment liens recorded as 1 � Reception nos. 04046891 end 93 Sr gook 1106 oil Pages 0535 and 0536 (Civil Action No. 85-00873) indicating Ray Smith as the judgment creditor. EXCEPT; Tages for the year 1988 and subsequent years, not yet due and payable; Condition (tn Portal P2) in patent Tentacled in Reek 131 at Page 367; Right of Way!I �'i (in Parcel IS) recorded in gook 975 at Page 3541 All right* of sesame (Parnell /1) recorded in book 1414 at Pegs 456: All rights of Reseed (Perna' /2) recorded II, ; in Reek 1413 et Pags 619: Rleht of Way Easement (Parcel 91) recorded in Book 92BnI, III Ilia lame by seal ad emhlf a: It i TaaaTN W mg*1111 Y%Ina.tin WaWal,man.,.r n�'swk•W w,Mtila Waring.It In MIA a Inapt,nr.d ea mynah DJ 1 . AIWNea,wm...6*W eaunalnn,rink,lac..as ma.illtal.as all the two.I1m11.Ink.arra.Cale or Mai*Minn,d the 1 rerun aril in line of Apr,rd.N weir TM Ana Saba nanny.xla lM Mrcluarnm h W som ee,aheef. TO DAVE ANe1111101,11 the mei atmaa++Innt Marra enlrk+nKd•1a the agealetrue+,un*Wetern ea. Warr ' arra Fara,Andre Emma et ha tilde wives their Vu....traa-wd.nwwe,wwa.A, Andra.nit hater.NW wow ael.te era y,*a.w.F their hana..l.n.4a ahau a alb nand Ilw eawdar led Shan el dm peons.they are *aid I wind of lM mum+Aran+aNr)al.M vn /oakum artal.ahal*w AW ildefaaaNe tam a netteana.Ai am in fa.taut.air i n. H M paid Ara.hamar and mail)n,pan Wynn,sll welcomer the are in wan"and hemaalea.Ye.wal twee manna I'. bathe lmm elf forum aid cola deenk,hraerth een.Iem.coal abet"..emeraeaan.rid Fanner.a.++ne.d.,lwaunt weak L set *under Reception Ib. 1905996{ 011 and gas 14402 retarded is Book 1025 under tl)T I „ h j , . I,, Reoeptian Na. 1,6087Si Affidavit of Production recorded in Book 1063 under .. �BI 1l . - I.. Reception No. 7003654; Affidavit of Leese !ideation recorded in gook 1152 gilder � ,I Reception No. 2095086. tti�II I'iI n •t-II The pMnna rah as*d1 WARRANT A sO KrIV Rll AM)the ahnn+agh*adFamine ar quiteW rosette owned II '1 .. , **rand their lab YAW alga Sal eliWa+ry�amaponies0)eeele}he*hehaYy PlelIr. III 'Ij.((tyo I I :, ',4nS�!I IN WITNE33 WIfftRld*dm Pew.",nave tune*OaAndlmOeJmaiMOsalt. 7 {. 1� ♦ I � s P; . teak ', wr.V . hi- ix , ' 7-6:' !r2 ere/^'_ i ip . 1 Ii, I Pa lle.I dogAV la is �J • pas uleetsr ; ' Nle al William Weedy rmond Is Moody '1 1 1 sun Of CtatIRAtX) � - ,-•. I C le coq.a 'Iude- a Ise E8 TM I' �. . d2aw4epeMhn ne mac .Z yam rota rsbruery r Pa Jean B •rear std Raymond A . y 4�81/aeial Michael X111Sam Moody, al Juba Moody. ' I y Naeaa n9 N,•n Weal, l ' , i' \a� V e0 3/4/ �� Ihlr fff e q ... I. 7� t 9� fi" i rsl;, }lit:I •: 1�te. , yam. I - 1I, . 1 ,1:•[.6417.-t::::1:111r. f• la*.tl A• 1 k343 MWR* M a iNs thenenae wawa awaaPalana.aan r baba.LAe.ad CV IBM raww Wk awl. .,, i ., {ht 1 , � I r .,,,, n .. .k1iu main. I ., I.,°tC 910225 ,_s s7 "9- 5 'U 4(j '. irQ Tw:42132r10 03/10/89 15;43 • '2/003 F ? NARY ANN PRVERBTEIN CLERK 4 RECOIi1 WELD CO, CO 44, t 1X11101T "V' "; !rr'3; �t 1'{., • (•nn C_L Il r LlPyd ; ' Thu South Throe ,. L'andrw4 fe. i is100') of ILIC putt of the �•. • Southwest Quarter of th,• South v"art Quarlrr ISw1/4 SW1/4) ut I I!' J„ section Twenty-nine (2')) II . sixty-five 165) Township I'1 v.• IS! kurth. nunL'v I1!.;', No. SS and Southl3ofEthu SuuthtPla1Ltlu utv c, lies; of ant NL ]t ) held .n CLu County of hw,.y `, fo' ; State of Colorado. t y Ali �. , All that fart of the Southwest Quarter ISel/al of section Thirty • I uwnahip Y1 vv {5! Ninth, t. ��' ,y� i the Gt:h 1'.M.. ? nvia uC l pantie Sixty-five (G5) liabk of ' . " th lows; Y li'c i,1, steto of Colorado, des cribed use l'ii+ad ap '.•.),;i. , Beginning at a paint an • f" Township the Eart Line of said SE1/4, '" t 5 North, of uunqu G5 egos., which is 300 feutSNorLhnofO� the southeast Corner tie car) thereof! �thence South 1nu feet to Iho S'aleberbt core yr 1St" corp of bald Selt4;nPo aeat.ld'ou eh 00 G«Trots 1V' Wmbt, 1148 feet along the South Lino ` fh quarter •weeien L.4 a point Cn thu east Line of the C Ir rj. oun ty a Rlong rthuune Inur Cvrtha-isturly a%roue said quarter section; Road North !d DC'Jreua Ja Iiureh30UAf t•ll, It"° °f bald County Ehanco East in a eteolghi lino to Vet1 I' Lhu tvi1+C of Duyinning, EXCEPT right of way us poBa 125 and corruccud by Deed by 0rrd rin Suck Cf book 650 4at 1 Wild County Recurda, 1 r.,.d 1'Courdud in Denk GG0 :.! i%rge 415, j . EXCEPT Parcel of land 46 conveyed by Doed recorded in nook 1414 of page 454, Weld County kacurdb. I; PARCEL e2 Thu Southwest Quarter of the Southwest Quarter (SW1/4 SW1/41 of section Twenty nine 1201, in Township Vivr (51 North, of Range Slrty-tivo 165) ;Vest of thu Geh P.M., County of Lela, Stet* of Colorado. (. EXCEPT right el bay as convoyed by Owed rutordad in Book 998 at , he9u 506, Weld County Records. (IN EPT I ' +tCpGgst)Glo�1 of Weld 3C.'o4nLr conveyed by Deed recorded in Book 1355 1' Regards'. Ir, i' EXCEPT right of war t.b convoyed by Deed recorded in Gogh 1413 at page 617, weld Count) Records, j% y"• t i1. .� . �_ } t... 3. L f a 1. N . ; !n '.'1 . , - ,r1 'R f yw r, t i i l'A1 ',rt"itt ♦a .�x., P.4, I • 1' cr 910225 =EP, ©7 :75_ HunES-EHD __ p•9 • . I AE2165337 BNmalrr'0 DEED UNDER EXECUTION R 1232 ere 07105337 07/14/8, IS,26 $10.00 ]/007 F 0140 NARY ANN 'MMUTBIN CLERK c RicORDs4 w2LD CO, (X : WHEREAS, Ray Smith did, at a term of the ni■trict Court for the County of Wild and State of Colorado, recover a , against Rand 'latter and 7,526000 - and dusts p uit, open whichyjya:ter for the sum of $17,528,00 dated costa Rani day eS �Ag gment an execution wee issued, _ Dace or 1988, directed to the 2herirr of the County of held in the State of Colorado and by virtue of said execution, the said snarler levied upon the lands And been Qi en of the time:er described and and place f sale After bylaw, had rase were offered for sale and were struck off and sold to cacti smith the highest and best bidder4S) theratar, and the. sago have snot been rudeemmd fres such sale and the time for redemption has expired, and the maid Roy smith having assigned the judgment t0 _ Cecil Smith. NON, THEREFORE, MOW ALL HY THIS DEED, That I, =d Tordan,sheriff of the Minty of Weld, in the State of Colorado, in consideration of the premises, nave granted, bargained and sold and do hereby convey to tha raid cools. Smith If his heirs and assigns the following described tract or tracts of 14nd, situate, lying and being in the County of and state of Colorado, to wit; Weld - PARCEL 6i The South Three Hundred feet (0300') of that part of the southwest Quarter of the southwest Quarter (eri/4 0N1/4) of section Twenty-nine (29), Township Fiva (9) North, Rana sixty- x five (e0) wart of the eta P.N., lying Nut of U.s. Highway No. 66 and South of the south Platte River, in the County of geld, state of COldrado. • Ali that part of the soutneaet quarter (SE1/4) of section Thirty (30), Township rive (e) North, of Range sixty-five (45) west Of the 6th p.N., County of Weld, State of Colorado. desaribod as follows: T0MMshipg6allorth,of Ran 0h i 6Sst Line of west, whichaid is 300 te Smitten at N0rth3of the eoutheart Corner (SE Cor) thereof, • thence South 200 feet to the Southeast Corner (am tor) of said SE1/4) thence south Se Degrees 10, west, 1168 feet along the south Line of said Quarter section to a point on the East Line of the County- Road running Northeasterly aaross maid guartmr section) thence along the Easterly and southerly lino of said Count Road Werth 16 Degrees 141 West 300 feet) F thence Beet in a straight line to the Point of Beginning. J • 910225 r=5 07 'a_ 15:52 HOMES`ERU "_"_c. F.10 . r, B 1236 etc 02165337 07/14/69 15:26 $10.00 2/002 F 0141 NARY ANN F60ERSTEIN CLERK 6 RECORDER WELD CO. Co 8 EXCEPT right of way as page ice and corrected by=Ceaddraoo�aed recorded Book 665t peg*Book 5415� Weld County Raaerde. ) - EXCEPT parcel of land as conveyed by Dead recorded in Book 1414 I at page 454, Wald County Record*. ( PARCEL 62 The southwest Quarter of the Southwest Quarter (9wl/4 SW1/4) of gentian Twenty-nine (20) , in Township Five (5) North, of Range COlasadeye (65) West of tha 6th P.N., County cf Wald, state of EXCEPT right of way as convoyed by Deed recorded in Book 890 at page 666, Weld County Records. EXCEPT parcel of land as conveyed by Deed re0crcaa in Book 1139 at page 610, Weld County Records. EXCEPT right of way as conveyed by Dead recorded in Book 1413 at ' page 617, Woad County Records. Together with all ail, as and mineral rights: and all right, title ana interest in and to that oil and gas lease recorded in Book 1096 under Reception No, 100057e. EXCEPT: Condition (in Parcel 62) in patent recorded in Book 131 at raga 3078 Right of way (in Parcel 61) recorded in Hook 976 at Pigs t Page 4 6 All d 1 hta r1 t of :moss (Parceel l 021 samosa ss o r ded in book 1414 a recorded in Rook . 2419 Book sae pn erlRecei Right of Way 00996:Easement (Parcel gastlleaas recorded recorded in Book 1025 under Rsaopticn No. 10a*S7s: Affidavit of Production revered in Book 1063 under Reception No, 20036548 Affidavit of aLCaliaOSExtentlon recorded in Book 11B2 under Reaeption No. f ' the appurtenances thereunto TO NOLO belengingaid ete the said Cecil Smithall and assigns, forever. , _h �� r_ heir* w,,,,,��WrrNEse my nand ana seal tale /q day of July ..W T Y•Y"Vf.. . as s„�,, �• 4v11011 .--lit �. , a0TARr`f\g4', she f nr d county, Colorado ,a `� i0 F L�tI�LOmoo 1 c�yl ,p1',(WbLD f ■sr • Cod fq,,e,.. . ha.�Ssteasing in %mint was aakn1owledgsd before me in weld County, . i � Colorado this day of Jul 19R�O�4iAmos my hand and official seal. Hy come onion expires L'.iBA2 i A4 4 4g 11.4 Notary?ub io rip • • ., _ 910225 FEE ET "9_ 17:52 HO!'"E'S-ER...) -:-LE F. 11 ' AR8PE771Y 1286 SEC F 19SS NARY O 7 ANNFCUERSTEI / 6 NCLEM( 6 RECORDER wELC CO,Oro ., CORRECTED SHERIFF'S DEED UNDER EXECUTION WHEREAS, Roy Smith did, at a term of the District Court for the County of Weld end State of Colorado, recover a judgment against Randy Blotter and Peggy Metter for the Mum or 617,526,00 and costs of suit, upon which judgment an exaautien wao i*sued, dated the 17th day of December, ISSSi directed to the sheriff of the County of Weld in the State of Colorado, and by virtue of said execution, the said Sheriff levied upon the lands and property hereinafter described and after public notice had boon given of the time and place of sale ae required by law, the same were offered for sale and were struck off and sold to Cecil smith, being the highest end beet bidder therefor, and the some have not been redeemed from such sale and tha time for redemption has expired, and the said Roy Smith having assigned the judgment to Cecil Smith, • NOW, THEAEPORE, KNOW ALL SY THEN DEED, That I, Ed Jordan, sheriff of the County of Weld, in the State of Colored°, in Consideration of the premises, have granted, bargained and sold and • do hereby convey to the said Cecil Smith, his helre and assigns, the following described tract or traces of land, situate, lying , • and lasing in the County of Weld and Stets of Colorado, to wit: An undivided one-fourth (lie) interest in the following two (2) paresis of land: • PARCEL 61 The south_Three Hundred feet (47001) of that pert of the southwest nine 29° Township Flee (5) North, Ran a Sixt -five (65 eSt Of the 4th P. C, lying West of D.a.North, No.Sixty-five and south of the - South Platts River, in tha County of weld, State of Cal All that pert of the Southoast Quarter (8E1/{) of section Thirty (i0), Township five (a) North, of Range sixty-five (S7) west of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at • point on tho East Line of said *El/e, 6eotion 30, Township 5 North, of Range 65 West, which is 700 feet North of the Southeast Corner (sE COr) thereof: thongs south 700 feet to the Southeast Corner (SE COr) of Said SE1/a1 thence South ea Degrees 101 West, 1100 feet along the South Line cf said quarter Section to a point on the East Line of the County Reed sunning Northeasterly across said quarter **origin thence alone the Easterly and southerly line of said County Road North 16 Degrees lel West 700 feat; thence East In a straight line to the Point of Beginning. 910225 ,EH O? '9_ ,_?:53 HO =5—EQD -:T!E P.ic W• , , a s 1266 kit 02237714 01/04/91 16,41 610.00 3/002 f 1959 MARY ANN PEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXCEPT right of way ae granted by Deed recorded in Book 650 at page 123 and corrected by Dead recorded in Book 669 at page 415, Wald County Records. A EXCEPT parcel of land as conveyed by Deed recorded in BOOk 1414 at page 484, Wald County ROCOrde. • PARCELS: The Southwest quarter or the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29), in Township rive (6) North, of Range Sixty-five (6S) West of the 6th P.N., County of Weld, State of Colorado. - EXCEPT right of way as conveyed by need recorded in Book 906 at a page 556, Weld County Records. EXCEPT parcel et land as ovnveyed by need recorded in DOak 1175 et page 610, Weld County ROCOrde. rxessT right of way as conveyed by Deed recorded in Book 1417 at page 617, Weld County Reeorde. .. Together with all oil, des and mineral rights; and all right, title and interest in end to that oil and gas ludas regarded in book lore - under Reception No. 1960$7e. EXCEPT: condition (in Parcel 62) in patent recorded in Book 131 at Page 947; Right of Way (in Paroal 61) recorded in Book 973 at Page . 3841 All rights of access (Parcel 61) recorded in Book 1414 at Page 456; All rights of access (Parcel 62) recorded in Book 1413 et Page alit Right of May maeement (Parcel el) recorded in Sook Sag under Reception No. 10080661 Oil and gas leeae recorded in Book 1076 under Recaption Bo. 1964676; Affidavit of Production recorded in Book 1063 under Reception No. 2003654; Affidavit of Lease Extention recorded in Book 1118 under Reception Na. 2096066, TO RAYS AND TO NOLO the maid described premises with all the appurtenances thereunto belonging to the said Cecil Smith, hie heirs and assigns, ! WITNESS my hand and meCelr� � day of: ' . Y , 'Sasso1 / (e£AL) Sheriff of Weld County STATE or coLCRADo ) ppqq ) ■s. Eird Y6p id3Rd ewOrn)to before as this `rn day of Esri , vai, i4m`rs ay hand and official seal. icon expires: wF1 <3 i, 1 NgtJ�pubia 7( /1//rl g1;�+dCCV.,../ ;Oci.U,;s7J ~r` 4.4....••�,n Or i0�,..'• . 910225 . • .6 ,.�., 3 1217 NEC 02471572 01/16/91 12,09 115.0a 1/coa , . A1.203135N r 1227 MARY ANN 1�F•rN+UERr(Sj��TEIN�N CLERIC a RECORDER WELD CO. ce _• ' rwle esee n a aMwyMle of ml,e.,WOW..`tla Kenai lilt tad �— -9repMylNe!F lnentlMrauNpi.ia'rp?Np.nra,(IrIAanMa. a,rl!..ryn we+Imenn and inn eoo.'1^Im{ee!r^! ' ' .•enrrma lira IINIM Y GRANTOR ..oho.r O.wNnaA le lne.a,ew rM GRANTGR MntY MIN mtl tenant vex.a^arerr y Ina aNANTE[ant me peANT*gel Will no eqn Cahn roil aroma,pea ler Me till el inn 19F•vvnlly I:Iry re'h0'eer+i II - ,Iglel-el•Mar Mtlro of mesa Ulan,yii..e naan.nmy any ne ena iii eltnaa GwANT(Fag neq.n.ear.....-. _ MY NNIIMa eouMMtl Mtl glnralyry smarm al wdrd.Mell!An YOWIIartllnq missal mq•NO ne..y•¢m; . Il.ayeNla" raaolnona Hugo anoAa selyw ueM.I aean,e.+......!. • The Sistine TUNIS ol Thlo Died My( Wont lane metals,any y9owum,q!ea,n ulna Mauxm me n.a,Tr,.:I Riming pas In m.Na nnnn•w arep•r ll%BOOM ca a ldtI "' e.an..fin. y'. BORN J. MAW Stab f1xNm n . • q P.O. 11eq GiY inp5n. 411erndn 9061] N:„,...,..�'',`+k 7S armlet: rex.'ex.r.ire r..,.. 4.. • -ta a....aa.newdm ........,,... d:�.eLeu.•one nn.wa.w el i DAM$ LEE OCHS1R'R e° I Y 9080 sluff 94nMt: twiner, COlrrar CI 89102 • Q firm al[..ownoanre ,e.n...+.I dt mn.ant.o...mN.n .,.d.n'n. n.e o watts ..area,. sew lme4v n at rnt mae.wo!ne n• � nAd,ant'eno Iwo*: ►reNeT Del0lgeaN °moan 0aor Ana min )•a ) ALL CRANICRE RICMf, TITTLE At INITRPSI Le'AND 'InD i1L` 71,L1Cr^t't• ;� PARCEL 21 a • The 4atth Thea.I Nuolred feet (09001) of 0020 Dart Of the EcutlAenn Cuitter of the • I Southweat Quarter (341/4 EP/1/4) of Section. Twenty-niem (9a), Taanerh;p Fl.e Ifs Nprrn, Range Siwty-five (65) west of th0 6th P.M., 114PU Neat of O.S. vigqlivvaay Pp. 25 Aid Smell ae the South Platte ni•rcr, to the Canty Of weld, Pio, of Coloradn, foarainusel--Gbibit "ea) • rnpely Ad4"alr 220]7 f 22019 nie0Ne 6enweere0ae: r�Meut..wt.Ie.ona.',puntll WOO,ta5y.I.M en..N,.ese pa.an'N�rd.IIh.timaarattars*SLront�A ^'4 u m at. .nq pwmx lnnvNlrn a,.MnA .npu , PCATY 1N00SAN3 AND 1.0/100tH (440,000.00)an ,M,II rollara 4tersehom6AaaNlCllea: a n.ea^mpaGAaN E}�a,a:m.!.t„'.! r,.,r,!,. .....A...-..,!.,me gm II see attached and tbit',tack,ExceptiOnn frrne TrreredL herat nn, l MM rnFrmmay 5I 4 AeagWxl wanes*uwelwrel:n .Lee.......`._ rrer—ee ens mew n.41..,,m•a e,n.,r.nn», d ��A nesolarty roYrn nnrYor special rtnnpyprytltner.,sanannmpnr, s. whc[Mr cr,r r.r.e)•; • - . C6I Lilrrrint year and all yearn e.kaArque.nt. nneentcr - '' E I.nn„sae ea.n&Nlm>n _..7GOuaale31..... o 4.1• f IN^.Ma CIS**POP eexrna,.ew.................... (bum,. ap, 1Le`.,..�PattnAe.rr4u Mtn II,Onto. Ce.M n.K.a. tanAn en.Awoke, �RY \ YA,�n A • an. F'] St '� ...� OneM Inor a•—•I•NN an.talDeADa — COUNTY Of wylh w u.r.w."-.hr..)en NA'..4mm vow.6 11th In.BARRY J. PAYANf, • eear• SAnus ri' p 41 _ *ONbl wa nand all Nl<4 NN \ My MNysel aueOl Jury 25, 1941 fa Vac /INN�ryi Nay (.��;, ;:t'.b:/ - lTATEOf r 910 IteM4venuli MA Ley. CO 80621 COpwtt OF I . . ow mtaemq inaurnenl wasaemeMayp Woo a gal ! w. ...V .I _ PMme yymiyeyeleteaeerawrtacyrarestp. rraeaaa..r 1 Myee'atoa9 en.tlrearamn NrinnelN n.a.d.o.a.n.4w•+nnvn.wnMweapealdanbNagrnagv Ifs e pgnnanleab Mnanw atnyrulaaniMNnr • WORMS n,Maw e1 Nlnry teal Nn.maNNna Nina 'Noy awe' .ten awl"alas noon Braeel I•^ a naa n Cninrrm yMl N9.III eA 91022E ‘-EP. 0i 54 "ONES-EHD '.-LE P.14 r. ` . F 1788 R127 RA�it 02278532 01/10/01 10:02 als.o4 1/00;Y ANN FEVERS7EN CLERK a ABCONGEA PIO CO. CC .. exNrntt "A" Warranty Coed r faiAt. UEACHSRCN (r<mtdnued) All that part el the Southeast Quarter (SEl/4) of section tyii+ay 00), To.�neiar `: - t desth.of north. of manse Sixty-five (63) West of the 6th P.M., Catty of ;told, Sisf< :` C:cr,da • Rance 67 se follower ginnirel West. which ie Soo;Cent or the peek line of Mid 661/4, Section 3C, To nst..Lp 5 tort', a - ' Leet North of the scutneaat Corner (6E Cot) tHrienf, 1 thence Smith]00 lest to the Southeast Corner ;SE Cor) of aria sir'/d, 1 tiro South see 10' West, Ilea feet along the South Line of said dual ter tioticn. Ln a + point on the Feet Lino of the County Road Cunning Northeasterly limas said inertia sedbiont (theme alms the BYtarly and Southerly Line of maid County Road Hotel. 15c 14' west. 300 theme Rant in a straight line by the Point of � I Beginning. Sear right of way as grantor! by aad recorded her Book 650 at page 17: am corrected need recorded in Book 660 at page 415, weld Canty Records. loc SIOCBPT parcel of land ae convtjVd by coed rocapeed in gees vile at R.xrda, cage d:d, wets catty PARCEL 12 1p 455 aeuNe.eet quarter td the amithaeet Quartet (61114 SW1/4) of Section ",wenty-nine (1?1. In Ibenhl:Five 15) North, of Range Sixty-flvo 1651 WOOL of the Eth P,^1„ Coptly of W.]d. etas of Mangle. IXCEPY NeCard aright p( *Sy as moneyed by Ceti rece:dod in Bed.See at Ingo Gee, weld mow ECM parcel of lard ea canted by Lb • geed retarded in aneA Ilse st page 610, Weld unCy . FetTrlde. • EXCEPT right of ANY at Wnred, NY peed recorded in Doek 1113 at page Ell, wed county s 1 Records, PARCEL 1N 711s East Fifd feet (2$0') a the west One ifordred rift• reek aflEC•1 Of the last Ralf (11/7) of the Northeast Curter iNS1/4) of the Netth eet Certer fWri/dl of section Thirty-an, (11), =cheap nee (S) Nbrth, Range etxty-five (64) wilt a£ the Sixth Principal Nkridien. Canty of weld. State ef eolorodo, btCerrlres 74etcslFY one Remade.ed+eeeser to On inrth ; hereby receded in BOON 1064 at rape 117 of the Wald property Gamey i'. made for greeter certainty. 1DOE7i3R NSTN all Oil, see and other Minerals in, an, under end obeys aobloct property owned by Qranteri AND TONNE'S Kill all novelty Riegle owned by Granted AND MCGEHEE Null All undetyregnd, ourfaee and flood rising owned by Grantor; Manila TOCITNAA vrrN ell tangential and rights-or-ray appurtenant thereto' An TOGETHER WITH all lnpraveeente thereon, all eppureansets, hereiteenenen and ell enter and water rights, yells end well eight., ditches and ditch rights, meter elan and ditch state eppwretnant thereto dr decreed fur use mprgon, end flood right'. • 91022; '5_ S_i:Su HOMES `_ P. 15 !: k B 1287 RDC 07788532 01/16/91 !plod li.t!, r 1728 MARY ANN ylpER9TEIN Calle d ft:CORDER xL..3 re, �.' gatranty Deed .�. lixnlpl'1' "04 OCEPI'aNr Y1 A Ctadicitn oehealned ell the United states Patent recorded Suns 3, 1910 in Book 133 rt I' law 861, which etateo a+ feiluret "Subject to any vaned and accrued.,+ter C;ehce err alining, espictatural, rNhufseturing er other purposes, and riehe to catches- end • nee:vein used in connection with such meter rights, as may km recognized snit acknaeledted ty the local customs, laws gird decteltne of Charts' and also subject to the right Of the proprietor of a vein or lade to tectract and pia his ore thorefrnn, • eta ferr'e to {curd to penetrate or intersect the preniaxa hereby rinsed, as * Lme. and there is reserved trait rho lards hereby granted, a right of say thereon for ditches or canals conetructed ka• !parceel s2! W the authority nE ens anie eta:es.- • sight of Nay for telephone end telegraph purroees as rented to Mo utotn State. Talgdale And Teldgrnph Co1pa@,, by instrument recorded March 29, :935 in Beck 975 at page 354, Weld County&words. 17+e route aC Sold mete OI Wry la noi: get forth in saidinstilment. !Marcel 011 Rech and teeny right of access to and trap sty Dart of state Highway No. 3 a9 - eoeaered to the nese Midway Cmetseten of Calerado by peed recorded March 19, 1955 in look 1414 et page 45d, Weld LBmey Records. (Parcel ell - Mak era eYwars ri site lames co and from any p`+t of Colorado State Miahway No, 3 • ss A daray cptelasion or onleeedo, wlth the oq eptIce Halted point of Access det wt in peed recorded March IC, 1955 in Rock 1413cat urge ale, Reis tburey seconds. !parcel e21 Right cd Nay Easenent for electric crenridation and distribution purposes as +rented ~ to etude.. Valley Rural electric Asecclatlem. SAC., by Lott:utile recorded October J. 262 in Boyd 929 under Reception No. 19059ed, Weld County Records, The route of 'did Right of Nay is not est forth In said instrument. (aortal e11 � �I Moil and miss lease, and army and all aseiernenen efiuteq Sty Mir re R. Moody and Jessie thveeye, dated aunt la, f1202, ide) leafage. tap a rem of Three (1) Moody, d Wen R std 9atiLCH D. O'Brien, as - Reception No. 1960618. ye•r', c��ec 2e, 1984 in lcdt 1075 older The dbova lease has been exte"ded)M seine Affidavit; or Recartt tree meat CUrrent mss recorded April 9. 1967 in look 1152 under Reception No, 3095065. Further excepting residential tenancies in of record which de net eonteln s p den end except xcepti rows covenants, • oeeeaenee, right of publics',. ew y. and nq except ter asementt and further existing roads end public of record. If any. and subject to burdens et .msefsi dinette* Including, nuse o: • limited ea, lira protection and soil censervatime districts, and ahhject to saline end 'wilding regelerione. II • • VA 910225 P.16 rv. "a_ 55 .-I-,..c_5-1-_ , • - B 1267 AEC 02236E 34 01/16/91 10104 b15.00 1/001 , eR6t7ea3A A 1731 141414Y ANN PA0ER6T63N CLEAN c RECORDER WELD CO, CO .Y PERSONAL RBPRI SCITATIVrS OCCIJ Mules Smith i�Ig G89DYnade by Carol lAa gmleh -` grate ORUflllydiry Pet - . r persona R. 0th....................... ArZ nu r Cacu 'eRltpe pmatr'nlw of bum g ic Dan • Lae dchsnex 'at°aartl'an"la• J •. Mole Wawa la ill! eit,riuo�n Trdm OUlUt'Ue" -1 adm `— I efdta •Catelxer Ray id a .,and L I I • • Steger celeriac MI1ERtdA5.IN Ida1 VAII dsd TUtenMnl of the aeovt•pamee decedem wu made end eadwei in the Ilium.of do derade1 m,sad Yeua w14eG-6—_ IS Re_^� pgka��yylll wtf duty edmlllM to mesas ReN er 26 ty�„bypm olstv:l0t y arinadd far the • Candy of weld C in add la•tM tyNSRSAg.Gamier w.duly gpelnud Personal a: .Stale of CobesDa,Nam"hb�?R31110 : - pmmmeheofwldPJleecm 0acemberla �f 19�9_,sad Is row quaffed and&dog In said apathy, . - NOW,'fMRReIR)RE,purloins in the pewees codified pen Gramm Ivy ad Calmdn Name Cede,Grantor dews hinny tad.coin Bel attar 11,10 sad de eY m nesr.,hamlet end on Thousand (11M00.001 aoax!<Rx[mr end".n tonrmwmlka a/ xafmativwrvealawmlae•ewrMd Mix t" Oath dm Crony (dMing dutritwd roe propels t.,(;• - Y .Sum of Colorado: An undivided one-euarter (IA) in%%%%%r en the peyparty dere rib se in Ishii,1 A. (being all its interest in amid property), • 'Sesotho"w it h all easementa end sight-of-w•y appurtenant thereof; and ditch undivided interest in ail water a"a water dished, ditches �ti ds ah tight e, and vat or and ditch eompany !nooks decreed in- use f St,.1 open ar appurtenant to chi latea daleribad in exhibit A, 1 clud in e use end benefit of env aaaenene Or rieht_ef-way appurtenant thereto; but reserving Unto Granter its eutrent undivided one- 1 intaaaaa in all ail, sea and mineral rights; and lac eight, ti`Yettdr . and interns in and to that oil and axe leave peaerdad in leak :025 under Reception No. 1960878. hot subject to 0rantae'r, or ire heirs, ...cardamon', or mestere getter. tv purchase said did, gas, and mineral rights and leave rights se any tine up to three rears fres the date hereof for the sum of five chodadna dullard cash or certified funds paid t0 the Estate ar is Carettinagalth se the devisee of said property iltftkgwttis�s astaand:r hilt, successor or assign' whomever shall thee be in title co said rights. -. Vat ellapp�o�Pmcm,wbjem wttmrena,ememeym W reenctleal ofreeale.snit eubjetnegeneral repel suet a* r: y�,dM hAtiatlp lire inhibit B / ee/k/e Cecil Smith AS used Wein.the Spin Makin'tlra planl and Ow pVnai Ott singular - Tvaraadlr ALA.' `S/.t9 9e . c1 h.n L'„ .v.e,.7_,,, &Write — e*5,avddrthug Cecil Snit a e~e,. known as cavil said. arty . - STATE 0pi66a�d66��aeQg .dra t la. CCkJMTV Ce /: J The rengding 1Wpyralrem we setroyedged heave me Ws�£day of : teleFF/(tw_ Rti. br L'ate.L ... ++.J .,79 iv%venal Aepletmleha of the Nate df ✓-Rime, I'd.e l ,�5C lii++ Mtneu my nand else official xe. ••ales knaves ae CECIL Syfi'M a taw�' My commeatm,espies; _ 7' Jr- 9/ G.; .* pi / 41 :e . 'Cm ron. ie .Gv.rd nf 0rr er farm . l Vdde.Be 11.4'7. IMMVAnlihrw frl Inwl , 910225 LE P.17 • I t - tXlllerc -hw PAhML 11 The South Three Hue4red font 16100'1 of that wart of [ha hwul NYvuf (walitA rf th, nouthwert d%atle• 16%1:1 SOI/41 01 Yotleun Twenty-Ilene 1751. T htp y.oa IS, north, Range • 11.1f—flee 1451 Mnl or the 4th P.M., lying hvu of p.3. ntehe.y Nu. BE .wa South e/ tAu Booth Plot to e..qr. In the tummy Cr n.0J. Slat, of Colorado. hll that trot 41 the Southeanl Ouertor IS[Irll of Section Thirty cifr '1St. Towtmhip 1Y c.. tit North, wf Sanyo duty-fire 141i west of the nth P.N., County of held. Stete al Colo.-ad,— do..rabad a. falleYbl 4u•Ithateu a1 4 I.utnt en the taut Line of raid 6[l0.. 'gotten 36, _Tuuh.h•1. S W40 I M• wf n,.w.tY Lt Moht, O,1th .. ltd toe[ ?WI in Or 4 t h.• 4,atlgatt Cutout. tat tor' theieofl thh.hoo Math 1au feet to the Soot Item corner ISE reel of hold 511,11 theuee geuth ao Douro.% IV' Meet, IILS feet along Ihr forth Ltne o of hard quarter loci Igh t4 . plot lit un the Laht Utah of rho County Spat runhrhy Northeasterly errata said quarter e,4tJen: throau .1unq the tartselr aLJ h uthorly Isnw of wott county fe1Y Narth 16 Deemer 1J Waft 100 feet) ',Leona tort to o hirwlehl lr.w to the Point of evy nneng, [weer. r•.'ht of say AR granted by Deed recorded in Book 610 et Site111 A tarreuted Ly Peed dLJ 111 Oath 665 at page uS, Pt Ay Neterda. r ;[PT parcel of land dh conveyed by Deed recorded an bock 1414 .1 eau. 114. veld loamy 000ur6. J aphi NL Ii The ULM hweat Coo Itoo nr riot. SOetheeel I&J flu r •sill fl ,.N 1.11 4f Button Thenela••-tune 151, an T4rnhh.M Iles ISI worth. al n.,.w. • Suty-flee IYSI best of thy 4th P.M twenty of wild. Stott of ,Colorado. r lotto, ukt l Ysa LY oven nee rJrY to oat[ 511 el j•ayo 596, Weld Count berord , Chte PT tercel ut lend at. conveyed by deed r,otrJnd to hoeb 11S6 of baby 410. PLAY SeunLy heavrde, - tNCLrT right of oar on eonveyed by Owed teeorded an Pooh 1117 et Iaee LIr. hold roust,. hoaerdb. - I- 8 1262 Rte 03236534 01/16/81 10:04 p15.00 2/003 l 3232 NARY ANN FEUZAST83N CLERK S RECORDER NLLO CO, GC I `• • 91022.' .r !_ .. _.h i7J 1 3 Ha _ P.18 i • 1 a 1287 RISC 07998534 01/16/91 10:04 03 P 1232 MAY ANN eEUER8TEIR CLERK 4 REC0i10 O 86 WELL CO, tM CO EX(t(HCI'U except oil, gm, and mineral reservations of record; and subject to residential tenancies now in possession. and oll,pas and mineral lenses now in existence end subject to r burdenl o[any special districts, including but not limited to, tin protection and soil cpnaervtttiOn districts, and subject to zoning and building regulations of the County nr weld. • _i 1 i 910225 „waded at o'clock_ I”-Reception No.; .l WARRANTY DEED THIS DEED, Made this 23rd day of February ,19 88 , between PAMELA IRENE VALENCIA, PEGGY JEAN BLATTER, MICHAEL WILLIAM MOODY, and RAYMOND JAMES MOODY of the • County of Weld ,State of Colorado,grantors)and DANIEL LEE OCHSNER and BARRY J. PAYANT worse legal add,eu is P.O. Box 66, Eaton, CO 80615 of the County of Weld ,State of Colorado,grantee(s): • WITNESSETH,That the grantor(s),for and in consideration of the sum of ($85,000.°°) EIGHTY FIVE THOUSAND AND NO/100THS DO)taRS, the receipt and sufficiency of which is hereby acknowledged,ha ve granted,bargained,sold and conveyed,and by these presents do gram, bargain,sell,convey,and confirm,unto the grantee(s), their heirs and assigns forever,all the real property,together with improvements, if any,situate,lying and being in the County of Weld ,State of Colorado, described as follows: See EXHIBIT "A" attached hereto; together with all oil, gas and mineral rights; and all right, title and interest in and to that oil and gas lease recorded in Book 1025 under Reception No. 1960878, subject to judgment liens recorded as Reception Nos. 02046292 and 93 in Book 1106 on Pages 0535 and 0536 (Civil Action No. 85-00873) indicating Ray Smith as the judgment creditor. EXCEPT: Taxes for the year 1988 and subsequent years, not yet due and payable; Condition (in Parcel #2) in patent recorded in Book 131 at Page 367; Right of Way (in Parcel U1) recorded in Book 975 at Page 354; All rights of access (Parcel #1) recorded in Book 1414 at Page 456; All rights of access (Parcel U2) recorded in Book 1413 at Page 619; Right of Way Easement (Parcel U1) recorded in Book 929* also known bysueet and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate, right, title, interest,claim and demand whatsoever of the 'anions),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 with the appurtenances,unto the grantec(s), heirs and assigns forever.And the grantonan for them selves their heirs and personal representatives,do covenant,grant,bargain,and agree to and with the grantee(s),their heirs and assigns,that at the time of the ensealing and delivery of these presents,they are well seized of the premises above conveyed,ha ve good,sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple, and an good right,full power and 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 toner and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever, mein *under Reception No. 1905996; Oil and gas lease recorded in Book 1025 under Reception No. 1960878; Affidavit of Production recorded in Book 1063 under Reception No. 2003654; Affidavit of Lease Extention recorded in Book 1152 under Reception No. 2095086. The grantors)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the granteefa, their his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan thereof. IN WITNESS WHEREOF,the grantor ts) have executed this deed on the date set forth above. / Pam ta_I en -V 1 ncia e 2 j - // e Jean Blotter � Mic ael William Moody Ra.ycond James Moody STATE OF COLORADO ` JI ss. County of HI The foregoing instrument v:ac acknowledged before me this day of February .i988 bramela Irene Valencia, Michael William Moody, Peggy Jean Blatter and Raymond A1y commission expires Witness my hard until official seal JaE.(a Moody. I i I i Notary aim,. . I I,I •If in IAnver,insen tit) and". I: No.S',. ker.3-g$. C.ARRANTY DEEM Jor Pnrvi rrphic kr, dl hrattocd Publ,stang.Sr 25 W.eo.Avc_Lar.v.J.C'O N0214— 233.64. 9 —. ® b�MplD�a/�• 1"66 225 • B 1287 stEC 02238534 01/16/91 10: v4 S15. 00 1/003 1:R223853g F 1231 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED , (Testate Estate) Carolipe Smith THIS DEED is made by State DOyumentary Fee Date....4(..c.- Arthur Cecil 'Smith * as Personal Representative of the Estate of $ --- , deceased, Grantor, to Daniel Lee Ochsner , Grantee, whose legal address is 2888 Bluff St . Boulder , Colorado 80.30z of the *County of Boulder , and State of Colorado WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated June 8 , 19 88 which Will was duly admitted to akriiip (informal) probate on December 26 19 90 by the District Court in and for the County of Weld , State of Colorado, Probate No.9 0 P R 3 0 0 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on December 26 ' 19 90 , and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee$mljoinaxammcyytIt(for and in consideration of Fifteen Thousand ($15 , 000 . 00) Dollars)** j� xettsffte porn mtittedxadiataibulaorunEmapaapeHlt athesbcAeczaptioned26Yultlttthefollowingdescribedrealproperty AO situate in the County of Weld , State of Colorado: J An undivided one-quarter (1/4) interest in the property described in Exhibit A. (being all its interest in said property) . Together with all easements and right-of-way appurtenant thereof ; including an undivided interest in all water and water rights , ditches li L and ditch rights , and water and ditch company stocks decreed for use ( 5 upon or appurtenant to the lands described in Exhibit A, including the use and benefit of any easement or right-of-way appurtenant thereto ; but reserving unto Grantor its current undivided one-quarter interest in all oil , gas and mineral rights ; and its right , title and interest in and to that oil and gas lease recorded in Book 1025 under Reception No . 1960878 , but subject to Grantee ' s , or its heirs , successors , or assigns option to purchase said oil , gas , and mineral rights and lease rights at any time up to three years from the date hereof for the sum of five thousand dollars cash or certified funds paid to the Estate or to Caroline Smith as the devisee of said property f the Estate o her heir , successor or assigns whomever shall then also known by street ana number as be in title to said rights . With all appurtenances,subject to covenants,easements and restrictions of retold,and subject to general property taxes for the year 19 9° , and subject to See Exhibit B and 1991 / *a/k/a Cecil Smith As used herein, the singular includes the plural and the plural the singular. Executed -e-2. ‘0-'/ , 19 96 -, a }caf ice'- ✓ CAROLINE SMITH Personal Representative of the Estate of Arthur Cecil Smith also ✓ known as Cecil Smith Deceased ARIZONA STATE OFSli'Qt41 1 ss. COUNTY OF En/A G J Ji 1 The foregoing in ument was acknowledged before me this 3/ day of L�FCFen 4 ;,19 90 by C"eG.s. 4 -if— (1),2,2 ei as Personal Representative of the Estate of atad.4. r fat/ chnu14 ** ,1 rbeceased. Witness my hand and official seal. **also known as CECIL SMITH • 'el , My commission expires: 7- 670- f/ o, 9 31--C/ 4 4'..;, '",:c *If in Denver,insert"City and". / rvolery Pueitc **Strike as required ✓✓✓ CPC46.Rev.11-87. PERSONAL REPRESENTATIVE'S DEED(Testate) 91{1t�/J L^ Bradford Publishing.1763 Wazee St.Denver.CO 80202-(3031292-2500—8-89 lIl 0044 7 Copyright 1987 B 1188 REC 02 519 03/10/88 15:45 0 2/002 F 0172 MARY Ahi. FEUERSTEIN CLERK G RECORDBxoiNELD CO, CO EXHIBIT "A" PARCEL C1 The South Three Hundred feet (S300 ' ) of that part of the . Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4 ) of Section Twenty-nine ( 29 ) , Township Five ( 5) North, Range Sixty-five (65) West of the 6th P.M. , lying West of U.S. Highway - No. 85 and South of the South Platte River, in the County of Weld, State of Colorado. All that part of the Southeast Quarter (SE1/4) of Section Thirty ( 30 ) , Township Five ( 5 ) North, of Range Sixty-five (65 ) West of the 6th P.M. , County of Weld, State of Colorado, described as follows: Beginning at a point on the East Line of said SE1/4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Cor) of said SE1/4; thence South 88 Degrees 10 ' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of said County Road North 16 Degrees 14 ' West 300 feet; thence East in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, Weld County Records . • EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 454 , Weld County Records . PARCEL C2 The Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4 ) of Section Twenty-nine ( 29) , in Township Five (5) North, of Range Sixty-five ( 65 ) West of the Gth P.M. , County of weld, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998 at Page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 617, Weld County Records. • 910225 - EXHIBIT -A- PARCEL 41 _ The South Three Hundred feet 1S300' 1 of that part of the ' Southwest Quarter of tin- Southwest Quarter ISW'1/4 SW1/4/ of Section Twenty-nine 1291, Township Five 151 North, Range Sixty-five 1651 West of the 6th P.M., lying West of U.S. highway No. t5 and South of the South Platte Rimer, in the County of held. Stale of Colorado. • • All that part of the Southeast Quarter ISEI/4) of Section Thirty 1301, Township Five 151 North, of Range Sixty-five 1651 West of - the nth P.M., County of Weld, State of Colorado, described as follows: Beginning at a point on the East Line of said SE1/J, Section 30, a Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner 1St Corl thereof; thence South 300 feet to the Southeast Corner 1SE Cor/ of said SE1/4; thence South 88 Degrees 10' West, IIGB feet along the South Line of said quarter suction to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of sa:.d County Road North 16 Degrees 14' West 300 feet; • thence East in a straight line to the Point of Buy nning. EXCEPT right of way ah granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded an Book 669 at page 415. Held County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 454. Weld County Records. - PARCEL 42 The Southwest Quarter of the Southwest Quarter 15W1/4 stet/41 of Section Twenty-nine (291 , in Township Fire 151 North, of Range Sixty-five 1651 West of the nth P.M., County of held, State of - Colorado. EXCEPT right of way as conveyed by Deed recorded In Book 998 at Page 506, Weld County Records. - EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 410, Weld Clounty Records. EXCEPT right of way as conveyed by Deed recordeJ in Book 1413 at paye 617, Weld County Records. B 1287 REC 02238534 01/16/91 10 : 04 , 15. 00 2/003 • F 1232 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • 910225 B 1287 REC G .38534 01/16/91 10: 04 ,15. 00 3/003 F 1233 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B except oil, gas, and mineral reservations of record; and subject to residential tenancies now in possession, and oil, gas and mineral leases now in existence and subject to burdens of any special districts, including but not limited to, fire protection and soil conservation districts, and subject to zoning and building regulations of the County of Weld. �J `-- 910225 Parcel Description All that part of the Southeast Quarter (SE 1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., Weld Colorado, Colorado, described as follows: (All bearings mentioned herein are in reference to Land Survey Plat recorded May 25, 1988 in Book 1197 as Reception Number 0214231 at the Weld County Clerk and Recorder's Office.) Commencing at the Southeast (SE) Corner of said Section 30 and considering the South Line of the Southeast Quarter (SE 1/4) of said Section 30 to bear South 88° 03' 06" West with all bearings contained herein relative thereto; Thence North 0° 24' 31" East along the East Line of the Southeast Quarter (SE 1/4) of said Section 30, 80.00 feet to the TRUE POINT OF BEGINNING; Continuing North 0° 24' 31" East along the East Line, 140.00 feet; Thence South 88° 03' 06" West parallel to the South Line of said Section 30, 120.00 feet; Thence South 0° 24' 31" West parallel to the East Line of said Section 30, 140.00 feet; Thence North 88° 03' 06" East parallel to the South Line of said Section 30, 120.00 feet to the TRUE POINT OF BEGINNING; Said tract of land contains 0.385 Acres, more or less, and is su ject to any rights-of-way or other easements as granted or reserveAy instruments of record or as now existing on said tract of land. T J a 92C22:s ;a r, ' LOT B (The following legal description excepting Lot A. ) The South Three Hundred feet (S300') of that part of the gouthwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29), Tormship Five (5) North, Range Sixty-five (65) West of the 6th P.M., lying West of U.S. Higtmey No. 85 and South of the South Platte River, in the Canty of Weld, State of Colorado.All of Section 'Thirty Five�(5) North, of Range t part of the Sixty`ff vet(65)West)of the 6th P.M.. County,ofWeld,Township State of Colorado, described as follows: Beginning at a point on the East Line of said SE1/4, Section 30, Itwnship 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Cor) of said SE1/4; thence South 88° 10' West, 1168 feet along the South Lune of said quarter _. section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly Line of said County Road North 16° 14' West, 300 feet; thence East in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Bode 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, Weld County Records. FYCEPT parcel of lard as conveyed by Deed recorded in Book 1414 at page 454, Weld County Records. LOT A FUR7HER EXCEPTIIU THEREFRCM all that part of the Southeast Quarter (SE1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado, described as follows (All bearings rentioned herein are in t recorded May 5, 1988 in Book 1197 under Reception la onNo. 2 4 e 2431, at the Weld County Clerk 2 k and Recorder's Office.) : Cc mencing at the Southeast Corner (SE Cor) of said Section 30 and considering the South Line of the Southeast Quarter (SES/4) of said Section 30 to bear South 88° 03' 06" West with all bearings contained herein relative thereto; thence North along the East Line of the Southeast Quarter (SE1/4) of said Section 30, 80.00 feet to the True Point of Beginning; Continuing North along the East Line, 140.00 feet; thence South 88° 03' 06" West parallel to the South Line of said Section 30, 120.00 feet; thence South parallel to the Fast Line of said Section 30, 140.00 feet; thence North 88° 03' 06" Fast, parallel to the South Line of said Sectiori30, 120.00 feet to the True Point of Beginning. NOTE: The existing parcel is the Lot B description without the Lot A exception. QQ ///�'� ✓1°225* • B 1287 RF^ 02238532 01/16/91 10: 0" 515. 00 1/003 . AR2238532 F 1227 MI 1 ANN FEUERSTEIN CLERK & F—CORDER WELD CO, CO c .-` Varraonlieed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence. it the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wile.) BARRY J. PAYANS' State D'Amentary Fee Date...L�l 712/ o P.O. Box 66; Eaton, Colorado 80615 $ k. a Grantee: (Give name(s) and addressies).statement of address, including available road or street number,is required.) DANIEL LEE OCHSNFR co 2888 Bluff Street; Boulder, Colorado 80302 Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) 'i1y�/ Property Description: (Include county and state.) 'q1 ALL C tDRS RIGHT, TITLE AMID INTEREST' IN AMID TO THE buLLOWING: 3 PARrr i #1 The South Three Hundred feet (S300' ) of that part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., lying West of U.S. Highway No. 85 and South of the South Platte River, in the County of Weld, State of Colorado. (Continued--Exhibit "A") Property Address: 25033 & 25037 Highway 85 LaSalle, Colorado 80645 Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a get. in any case this conveyance is absolute.final and unconditional) FORTY THCUSAND AND NO/100th- ($40,000.00) Dollars Reservations-Restrictions: III the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or it the GRANTOR y is restricting the GRANTEE'S right in the property. make appropriate mdicabon l See attached Exhibit "B" Exceptions incorporated herein by reference 3 n 0 a Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) 5 General property taxes and/or special improvements/assesstlunts, whether currently 3 assessed or not, for the current year and all years subsequent thereto 3 0 Executed by the Grantor on Jana ry 11 19 91_ Signature Clause for Corporation,Partnership or Association: S.3txt\ Sign to for Individual(s): Name of Grantor: Corporation,Partnership or Association BARRY . ANT,T� Grantor By Grantor By Attest: Grantor STATE OF COLORADO COUNTY OF WELD ) 55. / The foregoing instrument was acknowledged before me this 11th day ofJanuary 91 - ByBARRY J. PAEANS'. WITNESS my hand and official seal. • / ,�/ • My commission expires: ' (� C .:21 L it l July 25, 1991 Public STATE OF ) 930 11th Avenue; Greeley,. 'C0 8601,.', COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of 19 By• l•name individual Grantors)or it Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation',or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires Notary Public c 1BB1 UPDATE LEGAL FORMS (� NO.Y01 616 1316 Avenue-Greeiev.COInrdEO 60631 `!! "�//1 /\ 91.022%. - 3 13031 356-6390 B 1287 REC 0223 532 01/16/91 10: 02 X15. 00 2/003 F 1228 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO EXHIBIT "A" Warranty Deed LEGAL DESCRIFTON (continued) All that part of the Southeast Quarter (SE1/4) of Section Thirty (30) , Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, described as follows: Beginning at a point on the East Line of said BE1/4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Cor) of said SEl/4; thence South 88° 10' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly Line of said County Road North 16° 14' West, 300 feet; thence Fast in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, Weld County Records. EXCEPT parcel of lard as conveyed by Deed recorded in Book 1414 at page 454, Weld County Records. PARC'ES. #2 The Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29) , in Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado. EXCEPT right of way as conveyed by reed recorded in Book 998 at gage 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 617, Weld County Records. PARC'F7 #3 The East Fifty feet (E50' ) of the West One Hundred Fifty feet (8150' ) of the East Half (E1/2) of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section Thirty-one (31) , Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEPTING THEREFROM the property described as an exception in Deed recorded in Book 1064 at page 112 of the Weld County Records, referenced to which is hereby made for greater certainty. TOGETHER WITH all Oil, Gas and other Minerals in, on, under and above subject property owned by Grantor; AND TOGETHER WITH all Royalty Rights owned by Grantor; AND TOGETHER WITH all underground, surface and flood rights owned by Grantor; FURTHER TOGETHER WITH all easements and rights-of-way appurtenant thereto; AND TOGETHER WITH all improvements thereon, all appurtenants, hereditaments and all water and water rights, wells and well rights, ditches and ditch rights, water stock and ditch stock appurtenant thereto or decreed for use thereon, and flood rights. 910225 B 1287 REC 2238532 01/16/91 10:02 X15. 00 3/003 F 1229 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Warranty Deed EXHIBIT "B" EXCEPTIONS A Condition contained in the United States Patent recorded June 3, 1910 in Book 131 at page 367, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law, and there is reserved fram the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel #2) Right of Way for telephone and telegraph purposes as granted to Mountain States Telephone and Telegraph Company, by instrument recorded March 29, 1935 in Book 975 at page 354, Weld County Records. The route of said Right of Way is not set forth in said instrument. (Parcel #1) Each and every right of access to and from any part of State Highway No. 3 as conveyed to the State Highway Commission of Colorado by Deed recorded March 19, 1955 in Book 1414 at page 456, Weld County Records. (Parcel #1) Each and every righr of access to and from any part of Colorado State Highway No. 3 as conveyed to the State Highway Commission of Colorado, with the exception of Limited Point of Access set out in Deed recorded March 10, 1955 in Book 1413 at page 619, Weld County Records. (Parcel #2) Right of Way Easement for electric transmission and distribution purposes as granted to Pcudre Valley Rural Electric Association, Inc. , by instrument recorded October 8, 1982 in Book 929 under Reception NO. 1905996, Weld County Records. The route of said Right of Way is not set forth in said instrument. (Parcel #1) An Oil and C.as lease, and any and all assignments thereof, dated June 10, 1982, executed by Robert R. Moody and Jessie Moody, as Lessor and Patrick D. O'Brien, as Lessee, for a term of Three (3) years, recorded March 28, 1984 in Book 1025 under Reception No. 1960878. The above Lease has been extended by mesne Affidavits of Record, the most current was recorded April 8, 1987 in Book 1152 under Reception No. 2095086. Further excepting residential tenancies in possession and except restrictive covenants of record which do not contain a right of reverter, if any, and except for apparent easements, and further existing roads and public highways and established easements of record, if any, and subject to burdens of special districts including, but not limited to, fire protection and soil conservations districts, and subject to zoning and building regulations. ✓1L9lr6(ra) FIELD CHECK Filing Number: RE-1335 Date of Inspection: February 15, 1991 Applicant's Name: Daniel Lee Ochsner Request: Recorded Exemption Legal Description: Part of the SE4 of Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado Location: West and adjacent to State Highway 85 between the Town of LaSalle and the City of Evans Land Use: N Platte River, Platte River Industrial Park E Highway 85 and agricultural production S Agricultural production and the Town of LaSalle W Agricultural production Zoning: N I (Industrial) E A (Agricultural) S A (Agricultural) and C (Commercial) W A (Agricultural) COMMENTS: Access to the proposed lot is from Highway 85. It is very difficult to see southbound traffic from this access because the bridge guardrails block your view and there is only a very short "on ramp" . Brian A. Grubb Current Planner REFERRAL LIST NAME: Daniel Lee Ochsner CASE NUMBER: RE-1335 REFERRALS SENT: February 12, 1991 REFERRALS TO BE RECEIVED BY: February 26, 1991 COUNTY TOWNS and CITIES Attorney _Ault X Health Department Brighton Extension Service Dacono Emergency Management Office _Eaton Sheriff' s Office _Erie Engineering X Evans Housing Authority Firestone Airport Authority _Fort Lupton Building Inspection _Frederick Garden City STATE Gilcrest X Division of Water Resources X Greeley Geological Survey Grover Department of Health Hudson X Highway Department Johnstown Historical Society _Keenesburg Water Conservation Board _Kersey Oil and Gas Conservation Commission X La Salle _Lochbuie FIRE DISTRICTS Longmont Ault F-1 _Mead Berthoud F-2 Milliken Brighton F-3 New Raymer Eaton F-4 Nunn Fort Lupton F-5 Platteville Galeton F-6 Severance Hudson F-7 Windsor Johnstown F-8 La Salle F-9 COUNTIES Longmont F-10 Adams Milliken F-11 Boulder Nunn F-12 _Latimer Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corps of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. Longmont Tri-Area. Planning Commission West Adams 910225 COMMISSION/BOARD MEMBER JL V li DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 O COLORADO February 12 , 1991 Daniel Lee Ochsner 2888 Bluff Street Boulder, CO 80301 Subject : RE-1335 Dear Mr. Oschner: Your recorded exemption application is complete and in order and will be processed on or before March 4, 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 City of Greeley and the Towns of LaSalle and Evans for their review and comments . Please call Steve Hill, City of Greeley at (303) 350-9783 , Kathy Ells , Town of LaSalle at (303) 284-6931 and Tom Pringle, City of Evans at (303) 339-5344 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 respective 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, —.1-1 B -ian A. Grubb Current Planner 161±k. C TT ] �lii) �t e� 0.[ , ;, seonsa, z9rcatner and Oaaa tik amp r �nq. �....-� Alto rn dys at l_�w 1 David A.larns Of.. C E } C,a�S.J I � �P 1 ' IV• l f' ' � Profe��ional GorForation Jonathan A.Ga��dman --}}.. U G tl is T.Kenney James G. m�itk im, yp,.,,(( l N ryn�p , labie )lesaDrive,Boulder.Colorado 80503.3575 in itil.Bergma nn aP�IN Co. YIa�tNifK t�N4ti(A've. of Counsel 'Facsimile(303)404.6300 Telephone(5031494-3000 Janice H.Louden Joseph L.Frascona Pool Chessin Glenn Grow February 6, 1991 John A.Meininger Peter J.Enichen ' 771, ', 1/ ��i �rImo, ,- - ? GayM.Burrow„ r 1, AM h.liolzhauser, Mr. Lee D. Morrison David L.Clerel.,nd Assistant County Attorney i____., County of Weld .',_o C ^'.NTY P. O. Box 1948 Greeley, Colorado 80632 Re: Use by Special Review (U.S.A.) Permit for applicant Daniel Lee Ochsner Our File No.: 6872.0014 Dear Lee: The purpose of this letter is to confirm our conference of January 14, 1991, in your office, and to confirm the status of the above referenced U.S.R. Permit. It is our understanding that Mr. Ochsner's U.S.R. Permit is recorded and Mr. Ochsner's operations pursuant to the Permit are permitted on the basis of Mr. Ochsner's compliance with the Permit conditions. Satisfaction of the following final conditions was confirmed as of our conference of January 14, 1991. First, with respect to flow meter requirements on the wells serving the domestic uses and the rodeo ring uses on the Moody Homestead, we hereby confirm the flow meter is not being required for existing domestic uses. However, a flow meter is required in order to operate the second well on the premises. This second well is necessary to satisfy the requirements for dust control and public usage of the rodeo ring. This is to confirm that Mr. Ochsner has a portable pump together with a flow meter located on the premises. The portable pump is regularly pulled during the winter to protect it from freezing conditions. The pump is adequate to deliver water necessary for dust control and other uses. Whenever in use, the flow meter is also attached. At such time as Mr. Ochsner installs a permanent pump in the second well, a permanent flow meter will also be installed. Secondly, as you are aware, Mr. Ochsner and Mr. Hays have previously confirmed their intentions to resolve all outstanding disputes regarding ownership and use of the property by Mr. Hays joining in this permit and leasing the property to Mr. Ochsner. This resolves the access issue. You inquired during our meeting about the status of a signed lease agreement 910225 Frascona, Joiner and Smittkamp, P.C. Mr. Lee D. Morrison February 6, 1991 Page 2 implementing this understanding. I advised you at that time that Mr. Tom Houtchens, Mr. Hays' attorney, had recently not returned my calls regarding the status of drafts which had been exchanged between our offices. I speculated at that time that because Mr. Ochsner's dealings with all other interested parties in the property had been resolved through closings which took place on January 11, 12, and 14, that Mr. Houtchens would be prepared to go forward shortly thereafter. I have in fact received correspondence from Mr. Houtchens regarding the terms of our exchanged drafts. As of this date, we are finalizing our response and intend to complete these negotiations in the very immediate future. We know of no fact which would adversely alter any condition to Mr. Ochsner's use under the permit. You will be informed as soon as the agreements are expected. This is to confirm that Mr. Ochsner and this office understand that in the event that Mr. Ochsner or any successor obtains full title to both the Moody Homestead property (now owned ��II by Ochsner), as well as the Hays property, it will then be necessary to obtain a subdivision ill° exemption for the purpose of merging the two parcels into one parcel. The condition requiring WI*, this merger originally set forth in the U.S.R. Permit is now not necessary because Mr. Ochsner and Mr. Hays will be retaining ownership of their separate parcels within the U.S.R. We A 014 understand that the abatement of this requirement because of Mr. Hays' continuing ownership does not preclude the operation of this condition in the event of single ownership. k tJb'f Fourth, it is our understanding that your office has received the appropriate documentation regarding Mr. Ochsner's compliance with air quality permit requirements. In addition, we also discussed the question of the subdivision of the Moody Homestead parcel to create a separate lot for the original Homestead house. As you know, this separation of parcels was necessary in order to segregate and accommodate the many conflicting interests in the property. It is also an appropriate method for segregating the uses on the premises and makes clear that access off of the highway is limited to the residence. Attached please find a courtesy copy of our application for this subdivision exemption which is being filed today. We presume that this application willbe subject to your review as well. If you have any comments or questions, they will be appreciated. It is our understanding that the additional recording fees for recording the subdivision plat will be payable at such time as the map is eligible for recording. 910225 Frascona, Joiner and Smittkamp, P.C. Mr. Lee D. Morrison February 6, 1991 Page 3 I have appreciated your careful consideration and assistance in dealing with this U.S.R. I appreciate your patience with my questions and the inefficiencies experienced by my client in satisfying each of the various conditions. If you have any questions regarding this letter, or any disagreement with its content, please advise me at your earliest opportunity. Very truly yours, FRASCONA, JOINER and SMITTKAMP, P.C. /ohn A. Meininger JAM:It Enclosure cc: Daniel Lee Ochsner J 5 910225 mEmoRAn�um �� isitaiTH.-ii.t° - ., WilkTo Weld County Planning Date F'j � '1 ebFagti {e. " •9�1 ^ COLORADO From Environmental Protection Services 1/V Y(� subject: Case Number: RE-1335 Name: Daniel Lee Ochsner Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. 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/WP29/lam 910225 STATE OF COLORADO DIVISION OF HIGHWAYS '.+,,"T °F,, P.O. Box 850 Greeley, Colorado 80632-0850 4. 8 (303) 353-1232 siV IeFO~00 OP Weld County, S.H.85 Ochsner Recorded Exemption February 25, 1991 Mr. Brian A. Grubb, Planner Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Grubb: We have reviewed the Ochsner proposal for a Recorded Exemption, and we have the following comments: Access to State Highway 85 is by way of a legal access opening on a section of highway where access rights have been purchased by the Department of Highways. The fencing of the resulting Lot A would cut the numbers of vehicles using the access to only those trips generated by one single family dwelling. The resulting traffic would be lower than is now being experienced at the opening. No access permit would be necessary for this change of use. In the future, any change of use of the property other than that of single family dwelling would require an access permit from this office. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, /-)4(./ Evan A. Hooper,, Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost R. G. Sherriff File: Hooper via Crier 910225 ton CG. Nlau6urk a81111llISSipI 'DEPARTMENT OF PLANNING SERVICES MAR 4 1991 PHONE(303)356-0000,EXT.4400 1 J _ 91510th STREET C � GREELEY,COLORADO 80631. 4YEll uD. Pining 4fiar sits. COLORADO CASE NUMBER RE-1335 TO WHOM IT MAY CONCERN: Enclosed is an application from Daniel Lee Ochsner for a Recorded Exemption. The parcel of land is described as part of the SE4 of Section 3O, T5N, R65W of the 6th P.M.-, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west and adjacent to State Highway 85 between the Town of LaSalle and the City of Evans. 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 February 26 , 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 . X We have reviewed this request and find that it does not does/does not) comply with our Comprehensive Plan for the following reasons. The Town of LaSalle's Comprehensive Plan has this property future zoned Public and Semi-public, which does not allow residential use in this area. 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 . X We have reviewed the request and find no conflicts with our interests . The Town of LaSalle understands the proposed residential use is an existing use, therefore, has no objections however, we would not like to see any additional residential development. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . X Please refer to the enclosed letter. Signed: ft..c / (4 /e�.Bi Agency: 117 / /, Date : �- 91.622: h OF 14 �QJ _ ,\l4r4S TOWN HALL �,44,iiiid 4 4 4i•1. s ..e. * '� 119 MAIN P.O. BOX 717 LA SALLE,COLORADO 80845 IIIO y Wdr'" PHONE: P.O. BOX 7 OQ�A�/ February 27, 1991 Brian Grubb Department of Planning Services 915 — 10th Street Greeley, Colorado 80631 RE: Case Number RE-13:35. Daniel Lee Ochsner Dear Mr. Grubb, In addition to checking numbers 1 and 3. with respective, comments the Town of LaSalle would also like to voice a concern regarding ingress and egress off State Highway 85. A consensus of Planning and Zoning Commission members was that access to both Lots 'A' and 'B' not be from State Highway 85. I'm sure both the County and Planning Department are aware how hazardous this access is. The location and height of guard rails for the bridges poses a severe visibility hazard. If access to Lot 'A' can't be obtained in any other manner it would then be our recommendation the proposed fencing around Lot 'A' be erected and completed prior to removal of the existing, barricade. Hopefully this would deter any notion that possible access to the rodeo facility may be obtained from this location. Sincerely, ...7) .. i-c.0 Kathy Ells. Secretary Lasalle Planning and Zoning Commission 91.0225 0 rCF' * O'Pq ROY ROMERNtig T 0, JERIS A. DANIELSON Governor � � * State Engineer * /8766 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303] 866=3589 March 7, 1991 t11 ., 1991 ta�'�..--._ . _. Wxld Go. Oi m e Amalivliu Mr. Brian A. Grubb Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ochsner Exemption, RE-1335 SE1/4, Sec. 30, T5N, R65W Dear Mr. Grubb: We have reviewed the above referenced proposal to divide an 8.212 acre tract into two parcels. There are two existing wells on the property. It appears that these wells are Moody Well Nos. 1 & 2, decreed in Case No. W-4513 for domestic, commercial (egg washing and rental units) , and irrigation of 10 acres. We understand that Well No. 1 (Well Permit No. 1522F) is used for the rodeo and livestock facility and Well No. 2 (Well Permit No. 1523-R) is used to supply five residential rental units, including the house on the proposed 0.0385 acre parcel of this split. It is also our understanding that depletions associated with the pumping of Well No. 1 are presently being replaced through a contract with the Central Colorado Water Conservancy District (CCWCD) . Our files show both wells to be permitted for irrigation uses only. If all the information in the above paragraph is correct, we cannot recommend approval of this proposal until the following actions occur: 1 . A contract from CCWCD to replace the depletions from Well No. 2 must be obtained. If this is not obtained, then an augmentation plan must be approved in Water Court to replace the out-of-priority depletions from the well . A copy of the contract should be submitted to this office. 2. Both wells must be metered for all pumping, not just the pumping for dust control and rodeo uses. 91.05 - Mr. Brian A. Grubb Page 2 March 7, 1991 3. Covenants and/or other mechanisms should establish a lot owners association with the authority to make decisions concerning management and operation of the well to be shared between the proposed two lots. A joint maintenance agreement is a required part of such an association. If you or the applicant have any further questions, please contact me. S'ncerely, c�� James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:6156I cc: Alan Berryman, Division Engineer Bruce Debrine 91022.E PETIT,_.a FOR CLASS D NON-IRRIGATION WATER ALLOTMEN, ..ONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Type 6 Petitioner.herelnalter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political subdivi- sion of the Slate of Colorado.organized and existing by virtue of C.R.S.1913,Section 91-15-101,el.seg..for a Class D Non-Irrigation Water ater Allotment Contract for benellClal use of water under the following terms and conditions: 1. Name.address and telephone number al Petitioner:taloa supply address of local representative,l any) Daniel L. Orhsner P. O. Box 750, La Salle, CO 80645 Phone: 888-0341 2. Legal description of the lands where the water will be used and attached.(attach a copy of deedfe)for land and stale total acreage): SEt 30-5N-65W 8 acres M/L Farm ID 562 3. Ground water use. a.Type of ground water use:(domestic,livestock,commercial.Industrial) Commercial d domestic b.Short description of ground water use: Dust control at arena and parking lot domestic use for 5 homes a. Petitioner owns and/or uses on the aboveidesCtlbed lands the following water rights:(attach a copy of decree(s)bar weIII5C Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No., Decreed of Well Section,T.,R.) 19.P.m1 Case No. If any use Moody Well 1 SESE 30-5N-65 0.26 cfs W-4513 dmmestir/rnmmercial Moody Well 2 SESE 30-5N-65 0.53 re% W-4519 domestir/rommercial a.State the power sourcels)used for ground water diversion(s):(electric.gasoline.diesel,natural gas) b.Do your wells have totalizer flow meters installed and operating? NO c.Slate whether an efficiency determination of your warns)has been made.and if so stale that efficiency for each well. N/A 5. Ground water diversion and return flow acredeel by months: Ground Water Diversion Ground Water Return Flow Month Min. Average Max. Min. Average Max. Jan 0.32 Feb 0.32 Mar 0.32 Apr 0.46 May 0.46 Jun 0.46 Jul 0.46 Aug 0.46 Sep 0.46 oet 0.46 Nov 0 37 Dec 0 17 Total 4,82 AF ^.AF (rn ^redit gi von) a.The above quantities were determined by:Wale name.address,telephone number and date determined) Karen Rath:mar her 1n consultation with Dan Ochsner. Forrest Loaf (Moody Well 7) b.Method of determination:(briefly describe and attach supplemental documents as netessary) Pc PIMA ti nn I 7 gal Inns/day/par qOR @ 20 persons. (Moody Well 7) 8. It is understood and agreed that Petitioner will provide the Subdistrict with repona COnceming ground water diversion and ground water return flaw for each calendar year such as set ouL in Paragraph 5. 7. It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown in Paragraph a.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION. B. The initial amount of augmentation plan re lacement water allotted for this use IS 4.82 and the Initial annual special assessment will be S 75 no al s Min. tee per acrefpol.Thal amount of water allotted,the Initial assessment and assessment per acredoot will change from year to year and Applicant will be notified of a change In special assessment by a yearly bill of assessment.It Is understood and agreed by Peti- tioner That the quantity of augmentation plan replacement water to be allotted IS IC be determined by the Board on the basis of Information given In Paragraphs 2 through B aboye,M.eeeeedewfwmt1AlMeeepaadNeMerAagwseNNoaaHMaCrewwl.WalesYuugemeob uedlWlclobllaC+N*Colo•^^^ MbbKioneervenoySlelrialrlaCe :.". "'rots u . •e-.weuaasemetoaWat aOIWMeaJla.4itateal rm-.-fr.rgtbaaplarLLWbMbefaMm.inallasd frrordee.i sereu-weweentolnfaw-aoawMeas-wUrwWit-aM+eeuMboneWbe-Slateiegleaecocolbenalse.^e eotalt...iclaWlWtasuW[Lau-1il2 aeee,seeoeser y4o.prenawwiroYawfaifille. 9. It is understood and agreed that upon entry of an order granting said Petition.Petitioner shall be obligated under the terms of this Contract.Petitioner may, within 15 Jaye of the receipt of this Contract ar any annual bill of asaesMerit,make an oblecllon in writing to the Board of Directors of the Subdistrict elating In particular why the Contract or bill of assessment is Incorrect.The Board el Directors may review the written objection and with of without hearing act upon the same and notify Petitioner. 10. Because the proposed augmentation plan will be based on Inlormtllon provided In Paragraphs 2 through 8,Petitioner agrees: a.To continue to sae the water rights described In Paragraph a In the seine manner and to the same extent as described in Paragraph 3 and 5,or I ^'2et b.To immediately notify the Board of Directors of the Subdistrict of any changes in the Information given In Paragraphs 2 through O. /�A V ^ it 11. It is understood and agreed that,allure to adhere to Paragraph 10 may result in the Immediate termination of this contract by the Board of Directors.ll your✓4 V a contract Is so terminated you may petition the Board of Directors to be heard on the metier of the termination. 12. It Is understood and agreed That any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the me of well water for the use described above,provided,however,that all toes which receive benelh from the allotment shall be within the Ground Water Manage- ment Subdistrict of me Central Colorado Water Conservancy District. 13. It Is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain ludiclel or administrative approval of an ade- quate Plan of Augmentation,or other operating plan.In order to enable Petitioner to operate the well(e)described above In accordance with the rules and regulations of the Slate Engineer governing well pumping,and the laws of the Slate of Colorado.The Board of Directors of the Subdistrict do not guarantee ihal the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use lls beat efforts to obtain an operating plan,or Plan of Augmentation,In miler to assist the Petitioner In the continued use of well water and will lake such actions as deemed proper by the Board of Directors to promote or protect said plans. le Pursuant to Section 3)J5.12512yi,C,R.S.1913,the annual assessments herein shell becomea lax lien upon the lands for which such water is petitioned and allocated.Upon termination of this Contract any unpaid assessments will remain a Ilen upon the lend. 15. The term of this contract shall be for the calendar year beginning the January l after IM1e signing of this contract or.In the alternative,the parties may elect to begin Iha term Immediately upon execution In which event Me contract shell expire al the end of the calendar year.The contract shall be automatically renewed each year.II timely payment Is made,unless notice In writing le given by either party canceling the contract thirty(301 days prier to Iha end of the Calendar year. 18. It Is understood and agreed Mai the replacement water allotment is made for the exclusive benefit pl the Petitioner's lands and may not be transferred to any tr, s other th an Chose deselbl In ragrap`hJ2 without the prior specific approval of the Board of Directors of said Subdistrict.` ' Petitioner (\�J Petitioner Petitioner Petitioner The Foregoing Instrument was acknowledged before ma by the above signed this 15th day of March 1991 WITNESS my hand and olllalal seal — /72 LnA. /4—` !L L>G111 Notary Public My Commission Expires:_ 9-23-93 / street 3209 West 28th Street csy Creel ey Stele CO lip 80691 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had,it is ORDERED that the above petition be granted and Is hereby made a contract and an initial allotment of -_acre-feel of augmentation replacement water be made 10 the lands therein described upon the terms,and payable in the manner,as in said petition,the Initial amount payable being an annual assessment oFS 25.00 .Failure to notify the Board of Directors of any material changes may result in Me Immediate termination of this contract. DONE this 19 day of March , 1991 . GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORA90 WATER CONSERVANCY DISTRICT . 111 President V 91022 ATTEST: l ri 1 Secretary IN THE WATER COURT IN AND '_JR FILED IN w- I rtlrr WATER DIVISION I , STATE OF COLORADO -wN . WILD CO., COLD, CASE N0. W- 4513 MAY 1 61975 IN THE MATTER OF THE APPLICATION FOR ) WATER RIGHTS OF ) FINDINGS AND RULING ROBERT R. & JESSIE MOODY ) OF THE REFEREE ) AND DECREE OF ) THE WATERCOURT IN Weld County ) THIS CLAIM, having been filed with the Water Clerk, Water Division I , on June 26, 1972 and the Referee being fully advised in the premises , does hereby find : All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, and the time for filing such statement has expired. All matters contained in the application having been reviewed , and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, IT IS HEREBY THE RULING OF THE WATER REFEREE: 1 . The name and address of the claimant: Robert R. and Jessie Moody P.O. Box 444 LaSalle, Colorado 80645 2 . The name of the structures: Moody Well #1 Moody Well #2 Moody Well #3 3. The legal description of the structures: Moody Well #1 is located in the SE; of the SE1/4, Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, at a point 185 feet North and 197 feet West of the SE Corner of said Section 30. Moody Well #2 is located in the SE; of the SE;, Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, at a point 170 feet North and 620 feet West of the SE Corner of said Section 30. Moody Well #3 is located in the NESS of the NW1, Section 31 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, at a point 150 feet South and 2050 feet East of the NW Corner of said Section 31 . 910225 Case No . W- 4513 Page 2 4. The source of water: Groundwater i 5. The date of appropriation: Moody Well #1 : March 3, 1952 Moody Well #2 : March 3, 1952 Moody Well #3: April 4, 1948 6. The amount of water: Moody Well #1 : 0.26 cubic feet per second Moody Well #2: 0.53 cubic feet per second Moody Well #3: 0.033 cubic feet per second 7. The use of the water: Moody Well #1 and Moody Well #2: Domestic, Commercial (egg washing and rental units) and Irrigation of 10 acres in the SEAS of the SE;, Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Moody Well #3: Domestic and irrigation of 2 acres in the NE; of the NW;, Section 31 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. DATED this no day of /' 0 , 11975. THOMAS J . ARON, JR. Water Referee, Division I THE COURT DOTH FIND: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED , AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated • S /995 JUDGE DANA A. ARP y�' ER Water Judge, Division I �g0225 a • ,Ilecbrded at k M,on Book page Recorder ' Reheplion No. c�-`WatiarionDeed THIS DEED is a conveyance of the real properly described below,including any improvements and other appurtenances(the 'property'(from the individuel(s),cur poralion(s),partnership(s),or other enllty(ics)named below as GRANTOR to the individuals) or enlily(lesl named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(I)the lien of the general property taxes for the year of this deed.which the GRANTEE will pay MI any easements and rights-ol-way shown of record(d)any patent reservations and exceptions(d)any outstanding mineral Interests shown of record(5) any protective covenants and restrictions shown of record,and(ninny additional mailers shown below under"Additional Warranty Exceptions-. The Specific Terms of This Deed Are: GraMOT: (Owe name's)and placelsl of residence'.it the spouse of the owner-grantor IS joining In this Deed to release homestead rights.identity grantors as nusbend and wile.) BARRY J. PAYAT o P.O. Box 66; Eaton, Colorado 80615 0 � Grantee: (Give neme'sI and atltlroslesl.slelemant of address,including available road or street number.Is required) - M Ed DANIEL LEE OCIENER td r 2888 Bluff Street; Boulder, Colorado 80302 �-' Form of Co-Ownership: Ip there are Iwo or more grantees named,they will be considered la take as tentrnu in common unless the words"in Purl lenancy"or words of the same meaning are added In the space below.) Properly Description: (Include county and stele.) ALL GRAIORS RIGHT, laTLE AND 'MEREST IN AND TO THE EOLDCWINIG: PARCEL la The South Three Hundred feet (S3001) of that part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29), Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., lying West of U.S. Highway No. 85 and South of the South Platte River, in the County of Weld, State of Colorado. (Continued--Exhibit "A") Properly Address: 25033 & 25037 Highway 85 LaSalle, Colorado 80645 Consideration: 1 The statement of dollar amount is optional:adequate consideration for this deed will be presumed unless this conveyance IS identified as a gill:re any case this conveyance is absolute,liner and unconditional I FORTY THCUSANU AND NO/100th- ($40,000.00) Dollars Reservations-Restrictions: lit he GnnNron Intends to reserve any interest n the properly or to convey less than he awns.or if me GRAN Ton D is restricting the GRANTEE'S right in the property.make appronnale IndlcaYon) A See attached Exhibit "B" Exceptions incorporated herein by reference 0 n Additional Warranty Exceptions: (include seem of bun being assumed anti our matters not covered above! General property taxes and/or special improvements/assessments, whether currently r; assessed or not, for the current year and all years subsequent thereto • Executed by the Glamor on _Tanwry 11 . fg 2L_ Signature creme for corporation.Partnership or Association: Ign Our (fare(for Individualist: Name or Glamor: Corporation,Partnership or AssoctagM BARRY \ARP\r Grantor ey O Gran101 By • Grantor Attest �. , STATE OF colon ADO 1 ss .. COUNTY OF WELD ) the forego rag instrument was acknowledged beetle me this 11th day m January 91 sr BARRY J. PAYANP. T a'"• Wit NESS my hard and an on]sear My comnd..kn upinp July 25, 1991 lr 1 —. ._. Newry Pubtk li• s r STATE or �,r 930 11th Avenue; Greel'ey,..CD1�G 1/ ( ea COUNTY OF the forename imnumenl was acknowledged before me this day in ..,!A.....•' ev' ,r (•name individual Grantor(a)or If Grantor is Corporation,Partnership or ANOclal tan,then identity signers as president or vice president and secretaryor assiMmil secretary of corporation,or as panther(s)of partnership:or es sulhorlted memberisl or association.) WITNESS 4O132241 My comet my nand and olllclel feel. +1+ My commission noires: ' Newry Public NO.]Of e H"O"LE loom.OAI ronms er"11' aGrennv CA"nnnn lr EXHIBI ' "A" rranty Deed LEGAL DESCRIPTON (continued) 1lll that part of the Southeast Quarter (SE1/4) of Section Thirty (30), Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado, described as follows; Beginning at a point on the East Line of said SE1/4, Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner (SE Cor) thereof; thence South 300 feet to the Southeast Corner (SE Cor) of said SE1/4; thence South 08° 10' West, 1168 feet along the South Line of said quarter section Lo a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly Line of said County Road North 16° 14' West, 300 feet; thence East in a straight line to the Point of Beginning. EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 454, Weld County Records. PARCEL 42 The Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Twenty-nine (29), in Township Five (5) North, of Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998 at page 586, Weld County Records. EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 610, Weld County Records. EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 617, Weld County Records. PARCEL 93 The Fast Fifty feet (E50') of the West One Hurrired Fifty feet 04150') of the East Half (E1/2) of the Northeast Quarter (NE1/4) of the Northwest Quarter (NA1/4) of Section Thirty-one (31), Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEPTING THEREFROM the property described as an exception in Deed recorded in Book 1064 at page 112 of the Weld County Records, referenced to which is hereby made for greater certainty. TOGETHER WITH all Oil, Gas and other Minerals in, on, under and above subject property: owned by Grantor; AND TOGETHER WITH all Royalty Rights owned by Grantor; • AND TOGETHER WITH all underground, surface and flood rights owned by Grantor; FURTHER TOGETHER WITH all easements and rights-of-way appurtenant thereto; AND TOGETHER WITH all improvements thereon, all appurtenants, hereditaments and all water and water rights, wells and well rights, ditches and ditch rights, water stock and ditch stock appurtenant thereto or decreed for use thereon, and flood rights. II • I 1, 91042,25 I Deed PXRIEIT "6" E'YCEPTi0NS _ Condition contained in the United States Patent recorded June 3, 1910 in Book 131 at page 767, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and ack naaledged by the local customs, laws and decisions of Courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefran, should the sane he found to penetrate or intersect the premises hereby granted, as provided by Law, and there is reserved Fran the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 42) Right of Way Eor telephone and telegraph purposes as granted to Mountain States Telephone and Telegraph Carpany, by instnnrent recorded March 29, 1935 in Book 975 at page 354, Weld County Records. The route of said Right of Way is not set forth in said instrument. (Parcel al) Each and every right of access to and from any part of State Highway No. 3 as conveyed to the State Highway Cannission of Colorado by Deed recorded March 19, 1955 in Book 1414 at page 456, Weld County Records. (Parcel 411 Each and every righr of access to and from any part of Colorado State Highway No. 3 ' as conveyed to the State Highway Cannission of Colorado, with the exception of Limited Point of _Access set out in Deed recorded March 10, 1955 in Book 1413 at page 619, Weld County Records. (Parcel 42) Right of Way Easement for electric transmission and distribution purposes as granted to Poudre Valley Rural Electric Association, Inc., by instrument recorded October 8, 1982 in Book 929 under Reception No. 1905996, Weld County Records. The route of said Right of Way is not set forth in said instrument. . (Parcel 41) An Oil and Gas lease, and any and all assigmnents thereof, dated June 10, 1982, executed by Robert R. Moody and Jessie Moody, as Lessor and Patrick D. O'Brien, as Lessee, for a ternn of Three (3) years, recorded March 28, 1984 in Book 1025 under Reception Ho. 1960878. The above Lease has been extended by mesne Affidavits of Record, the most current was recorded April 8, 1987 in Book 1152 under Reception No. 2095086, Further excepting residential tenancies in possession and except restrictive covenants of record which do not contain a right of reverter, if any, and except for apparent easements, and further existing roads and public highways and established easements of record, if any, and subject to burdens of special districts including, but not limited to, fire protection and soil conservations districts, and subject to zoning and building regulations. i 9162'2, Hello