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HomeMy WebLinkAbout920569.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN RECORDED EXEMPTION APPLICATION - HOWARD AND JEANNINE K. ENOS 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, a public hearing was held on the 24th day of June, 1992, at the hour of 10:00 a.m. , in the Chambers of the Board, on behalf of Howard and Jeannine K. Enos, 3704 Richmond Drive, Fort Collins, Colorado 80526, for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the application of First National Bank in Loveland, Trustee, for a recorded exemption which was denied by the Board of County Commissioners on October 18, 1989, and WHEREAS, said hearing concerned the application for a recorded exemption on the following described real estate, to-wit: Part of the SEa Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Howard Enos, applicant, was present, and WHEREAS, said hearing was conducted according to the Board's policy concerning applications for land-use for property previously denied, said policy having been adopted on May 21, 1986, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County Planning staff and, having been fully informed, finds that the request to apply for a special review permit for a single family dwelling unit on a lot under the minimum lot size in the A (Agricultural) Zone District shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicants, in their letter of May 4, 1992, have demonstrated that a substantial change in facts and circumstances has occurred. a. The application for RE #1210, from First National Bank in Loveland, Trustee, was denied by the Board of County Commissioners on October 18, 1989. This is a substantial change in the criteria to be applied for a special review permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding the application of First National Bank in Loveland, Trustee, for a recorded exemption. BE IT FURTHER RESOLVED by the Board that request of Howard and Jeannine Enos to apply for a special review permit for a single family dwelling unit on a lot under the minimum lot size in the A (Agricultural) Zone District be, and hereby is, approved. 920569 PL0904 pLp9 c c- 1 L. , ut '' L. 1, l RE: SUBSTANTIAL CHANGE - ENOS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of June, A.D. , 1992. ATTEST: a4417 BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO /� Weld County Clerk to the Board �/-�►„�� . OG! Ge e Ken4Cedy, chairman BY: 4,4 �/� Deputy k o the Board onstance L. Har r , Pro-Tem APPROVED AS ,T FORM: EXCUSED DATE OF SIGNING - (AYE) C. W. Ki by County Attorney G /a 44-4 W. H. Webster 920569 HEARING CERTIFICATION DOCKET NO. 92-27 RE: SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATION - HOWARD AND JEANNINE K. ENOS A public hearing was conducted on June 24, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem - Absent Commissioner C. W. Kirby Commissioner Gordon E. Lacy - Absent Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated May 20, 1992, and duly published June 11, 1992, in the Windsor Beacon, a public hearing was conducted to consider whether or not there has been substantial change in the facts and circumstances regarding the application for a recorded exemption which was denied by the Board of County Commissioners on October 18, 1989. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then Howard and Jeannine Enos will be allowed to apply for special permits for single family residences on lots smaller than the minimum lot size in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. (Let the record reflect that Commissioner Harbert is now present. ) Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning staff into the record. (Let the record reflect that Commissioner Lacy is now present. ) Howard Enos, applicant, was present to answer questions of the Board. Commissioner Lacy stated the Planning staff's recommendation reflects substantial change has occurred. Ms. Swanson confirmed staff's recommendation and said if the Board agrees, the applicants will apply for special review permits. Ms. Swanson confirmed for Commissioner Lacy that said permits will be for different uses with different criteria than the recorded exemption that was previously denied. There was no public testimony offered concerning this matter. Commissioner Harbert moved to adopt the recommendation of the Planning staff. The motion was seconded by Commissioner Lacy, and it carried unanimously. This Certification was approved on the 29th day of June, 1992. ( � , /�d� APPROVED: ATTEST: {►r„uc„'/W®,/JQ G(i BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO Weld County Clerk th Board • By: /�j£� Geo e K nne y, Chairman Deputy Cle to the Board Constance L. Harbert, Pro-Tem TAPE #92-20 EXCUSED DATE OF APPROVAL C. W. Kirb DOCKET #92-27 die Gor Lair �)j PL0904 ( e& 'v ' iaPL0904W. 920569 -CC r ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 24th DAY OF June 1992: DOCKET It 92-26 - Change of Zone - Weld County/Evans Industrial Park DOCKET It Site Specific Development Plan and Resubdivision - Weld County/Evans DOCKET it 92-27 - Substantial Change - Enos, Howard and Jeannine DOCKET II PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING t�9 t�tGL f 5, „, led/,6s, 17l i-v a�aeu;;-etr.-CC 7:' tita rblY ti `'.12 - ? '� l /. ri tt,, C 14-1614 -� WaaJ 641 1 37D1) &oLtFa Sr CIa- Ie (ftwhi) EVRNNS So. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-27 APPLICANT Howard and Jeannine K. Enos 3704 Richmond Drive Fort Collins, Colorado 80526 DATE: June 24, 1992 TIME: 10:00 a.m. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application for a recorded exemption which was denied by the Board of County Commissioners on October 18, 1989. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then the applicants will be allowed to apply for special permits for single family residences on lots smaller than the minimum lot size in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE! Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Highway 14, and west of Weld County Road 17 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: May 20, 1992 PUBLISHED: June 11, 1992 in the Windsor Beacon �..n eN NOTICE Pursuant m the Zoning tees of the State of Colorado and the Weld County Zoning M a public hewing AFFIDAVIT OF PUBLICATION the Chatters d the Board d County Commissioners d Weld .. cinir Count? STATE OF COLORADO COUNTY OF WELD ss Orsini*Tn arq wdnMr. InlwssedMaeMaeMq maw are requested to attend aid may . I, KEITH HANSEN, of said County of Weld, being duly be heard sworn,say that I am publisher of Should the applicant or any interested party desire the WINDSOR BEACON presence of a coon reporter to make a record of the proceedings,In ill be thet mot a weekly newspaper having a general circulation in said during the hearing,the Clerk to County and State, published in the town of WINDSOR, thest Boards writing ci shall be in said County and State; and that the notice, of which at l advised in live days prior i action at least to the the annexed is a true copy, has been published in said hearing.The cost d engaging a court reporter shall be borne by weekly foci_ successive weeks, that the notice the requesting party. was published in the regular and entire issue of every BE IT ALSO KNOWN that the number of the paper during the period and time of text andmsps so certified by the publication, and in the newspaper proper and not in a Weld County PlanningCom supplement, and that the first publication of said notice Weld n y be examined PP , in the odla d the Clerk to the was in said paper bearing the date of the Board of County Commissioners.located In the weld c-unty centennial Center. ( / day of G-Get t , A.D., 19 q — and 915 10th Street.Third Floor, the last publication bearing the date of the Greeley.Cabled°. DOCKET NO:92-27 day of , A.D., 19 and APPLICANT Howard and Jeannine K.Enos that the said WINDSOR BEACON has been published Fors Cdlins.Richmond Drive continuously and uninterruptedly for the period of 5 Fort Cdlbs.Colorado 80528 consecutive weeks,in said County and State,prior to the TAME:Juneaa,1992 date of first publication of said notice, and the same is a TIME::1090003 am newspaper within the meanie of an Act to regulate ISSUES:Whether or not there printing of legal notices and ver ' ements, approved has been substantial change in P g g pP the facts and circumstances May 18, 1931 and all prior ac s% far .s in force. regarding the application for a recorded exenpibn which was denied by the Board of County ,'/ Commissioners on October 18, 1989.It a finding is made by the Board that a substantial change BLISHER in the facts and circumstances exists.then the applicants will be allowed to apply let special Subscriked d sworn to before me this 9 day dermas roe single family the of 9 .--ice 19 e� smaller perms on lots af r than resi- dences .. minimum lot size in the A 7 of the S Zone eid. 1 ; ' /^ -?tr of the S7-No Section 4 Township 7-Noma,Range.87 NOT Y PUBLIC West of the 8th P.M.,Weld / County,Colorado My commission expires /-1"/Zo -7J - LOCATION:North of Highway 14,and west of Weld County Road 17 BOARD OF COUNTY COMMISSIONERS . WELD COUNTY.COLORADO BY: DONALD D.WARDEN DATEDidee20,1987. WELD COUNTY CLERK TO PUBLISHED:Agile 11,1902 In THE BOARD the Kinds Mama BY: Shelly K.Miter Deputy Clads to the Board CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-27, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 3rd day of June, 1992. t < 01_/---2Deputy C_er o t e Boar. ARTHUR M. AND EVELYN M. CLARKE 1401 LINDENWOOD DRIVE FORT COLLINS, CO 80524 RICHARD A. AND LINDA E. DENEUI 7730 W. 5TH STREET LAKEWOOD, CO 80226 JOHN S. DUNN, JR. , AND SANDRA WILCOX 19 OLD TOWN SQUARE FORT COLLINS, CO 80524 WILLIAM E. AND JANE A. LENTZ 40361 WELD COUNTY ROAD 17 FORT COLLINS, CO 80524 K & M COMPANY 3201 SHORE ROAD FORT COLLINS, CO 80524 CACTUS HILL RANCH COMPANY 38990 HIGHWAY 257 FORT COLLINS, CO 80524 CITY OF THORNTON 9500 CIVIC CENTER DRIVE THORNTON, CO 80229 NORTH WELD COUNTY WATER DISTRICT BOX 40 WINDSOR, CO 80550 CHARLES M. AND ESTHER L. PITTOCK 642 E. SCORPIO DRIVE LITTLETON, CO 80124 PINEDA AND SONS, INC. 35065 WELD COUNTY ROAD 19 WINDSOR, CO 80550 HOWARD AND JEANNINE K. ENOS 3704 RICHMOND DRIVE FORT COLLINS, CO 80526 DATE: June 24, 1992 CASE NUMBER: SCH-5 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive, Fort Collins, CO 80526 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Highway 14, west of Weld County Road 17. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services' staff that the applicants have demonstrated that a substantial change in facts and circumstances has occurred. The applicants propose to apply to divide the property using a different type of land use application than previously submitted. A recorded exemption application was denied in 1989. The Special Review permit applications, proposed to be submitted, will be reviewed under different criteria than that used for the recorded exemption application. 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OE; * 1 • ;w"it3 i p w +I t 4' 4 4"4 • \`. x / N 4• '� +hlllVVV (� Ip t' '�. f 1ti +r ya n` 3 IIs y t IIt • • •4 4.d SS'"1 . tk 1� . . -\ 4 . . "' ac"r,. :':,.:,,,;/".t,' ,,F. t • ' ti? ff", y f4 k l f" ?sue + ° yp i 4; i.4.1. Y'.; Y \ fan �a k• ' i .%.*'.."4. 4 r x y 4+i .. _ ,� } i ( • T.# t p : fir. 4't,h 1,{' 15 { t 1 p b , .. L. �•Yt^ „ . ; rb" i 5 5 ;,, . r t < 4 J 4 a} ,�gypp .t : J ahy' k. `1" urn > :' 'i C8.:: ..- M Mn> . ...-, a ,y •,•s• ,4y. _ _ y..r.., _ • (6. a. w ...�:,.e. �S t;Nitss::, DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO May 8, 1992 Howard and Jeannine K. Enos 3704 Richmond Drive Ft. Collins, CO 80526 Subject: SCH-5 - Request for a Substantial Change Hearing on a parcel of land described as part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Enos: I have scheduled a meeting with the Board of County Commissioners on Wednesday, June 24, 1992, at 10:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J . Swanson Current Planner LJS/sfr BOARD OF COUNTY COMMISSIONERS alxxxxsturoaxxxxxtuFLow SHEET CASE # APPLICANT: `11q,,,�)�LG.'(, � [���_O CCt� _ n r a ��{� ) REQUEST: / ,1-a tc� �t e .LP .�Lc�,Lv! 0 ci LEGAL: '4 SC'! - 7-Co 1 LOCATION: rVt�.) a r /A/ /,it_2wt. ev ic.)C4 /7 G Date By Application received 62_-R- Application complete s- L, - 9a Q� Letter to applicant drafted S-_ 7- is 2) Referrals listed File assembled Letter to applicant mailed Referrals mailed Chaindexed DPS recommendation drafted Administrative Review decision: History card completed COMMISSIONERS' HEARING DATE: �+ „ ,, .zv/ 'cc; Date By Air photo and maps prepared---/ Field check by DPS staff CC Action: CC resolution received History card completed Recorded on maps and/or filed REFERRAL LIST NAME: Howard and Jeannine Enos CASE NUMBER: SCH-5 REFERRALS SENT: May 8, 1992 REFERRALS TO BE RECEIVED BY: May 22, 1992 COUNTY TOWNS and CITIES Attorney Ault 7C—Health Department Brighton Extension Service ____Broomfield _Emergency Management Office _Dacono Sheriff' s Office ____Eaton _Engineering _Erie Housing Authority ____Evans _Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City _Division of Water Resources _Gilcrest Geological Survey _Greeley Department of Health _Grover X Highway Department ____Hudson _Historical Society _Johnstown Water Conservation Board ____Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ _Berthoud F-2 _Mead _Brighton F-3 _Milliken _Eaton F-4 _New Raymer _Fort Lupton F-5 _Northglenn Galeton F-6 Nunn _Hudson F-7 _Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 X Windsor Milliken F-11 Nunn F-12 COUNTIES _ _Pawnee F-22 _Adams _Platteville F-13 _Boulder Platte Valley F-14 X Larimer _ Poudre Valley F-15 _ _Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers _ Windsor/Severance F-17 USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _ _ Brighton Panhandle Eastern Pipe Line Co. _ _ Fort Collins Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER in r-nr-l.r., Weld County Commissioners May 4 , 1992 915 10th Street Greeley, CO 80631 RE: 80 acres situated in the southeast quarter of section 8 , township 7 north, range 67 west of the 6th principal meridian, Weld County, CO. When we purchased the above property May 1, 1991, out intent was to establish two Estate Horse Properties. These two properties would be consistant and compatible with the 2 adjacent horse properties of 35 and 45 acres. We intended to work with the neighbors to provide an easement around all the properties to ride and drive our horses. At the time of the purchase we were not informed that a recorded exemption application had been denied. We are applying to the commissioners for a Substantial Change Hearing to request a Special Review Permit for the purpose of splitting the acreage. Thank you for considering our situation. Sincerely, 'ay/WI/On-O "p4-916-Art-41-tt-----j Howard & Jeannine Enos 113 \IN MY C; 1992 Weld County Planning o � ,..1)A) 2.1 OCT 2 r 1989 veto a naves '" RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1210 - FIRST NATIONAL BANK IN LOVELAND, TRUSTEE 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, at a purblic meeting held in the Chambers of the Board, considered the request of the First National Bank in Loveland, Trustee, for Recorded Exemption No. 1210, and WHEREAS, the request for Recorded Exemption No. 1210 was to divide property which is located in part of the SE} , Section 8, Township 7 North, Range 67 West of the 6th P.M. Weld County, Colorado, into parcels estimated to be approximately 46 acres and 34 acres, and WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. The applicant has failed to show in the submitted application materials how this request is consistent with the Weld County Comprehensive Plan and efficient and orderly development. 2. The use of the Recorded Exemption would evade the requirementa and Statement of Purposes of the Weld County Subdivision Regulations. 3. The level of development and the potential for continued divisions occurring in the area would not provide for the health, safety, and welfare of the inhabitants of the neighborhood and the County. 4. The applicant has failed to show that one or more of the Standards and conCitions of Section 9-22. (1) (a) through (m) have been met. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of First National Bank in Loveland, Trustee, for Recorded Exemption No. 1210 be, and hereby is, denied. 89111P 04 X91 ; E , Fm Y1 I Page 2 RE: RE ;1210 - FIRST RATIONAL BANK IN LOVELAND, TRUSTEE The above and foregoing Resolution was, on motion duly m and seconded, adopted by the following vote on the 18th day October, A.D. , 1989. '7r Nj BOARD OF COUNTY COMMISSIONER ATTEST: 1 a WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUS and Clerk to the Board C.N. rby, Chai n . e BY.L.Y1141?,"a.., 440 iJ n . rantner,, ro-Tem y IDeputy County Irk �� 4 onst anc APPROVED TO FORM: e a rtrbe to 4 f orge • ounty Atto ney ._ ._. z , 1. '4 1 y FI 891 : : ? S •.•:•i••••. -...•0 • .••;t.4, AR 122-22a5 k 4754 MAY ANN N DEUERSTEIN/ I • 1/002 CLERK 91 S SRS .DER WELD CO, CO �� L ` u 11III ED s �' + 4.?? (' THIS DEED,Made the 1st day of May .19 91 il .ri beaten First National Bank in Loveland, a Banking ,;, ;I. c Corporation, as Trustee l i i of the • .4 'I t ) Camy or Larimer ,Slate or Colorado4 grantor(s).and State Documentary Fee a ,, Jeannine K. Enos , as Trustee of the Jeannine K. Enos Trust Date....4.7.P7 (ta/ & l ( whose lepl Sera*is 3704 Richmond Drive — Fort Collins, Colorado 80526 {,x 1' dee Couwy or Larimer .State of Coolorad°.gruneete it Dote / WggN�7H.Thai the gra°wlsy.for and in consideration of the sum of = 1 t..ZS On --One Hundred Forty Two thousand Five Hundred and 00/100tha ------_ DouwRS. „,::c., ' <;\ the mole and stillemes of weds a baraby'canWiedged.M s grated.bargand.sold arid wowed.sMly sew Paawdn eel nag • 'r �?. \ berge sea.convey and aw&e una the gnnteerst, her heirs and coign forcer.W the real toupee's.together with imam...emits. r one stoat lying and twins in the County of Weld .Stale of Colorado. " demand as follows: ' o- t"fl ' � r See Exhibit "A" attached hereto : w dq v 'if, ' k, t r . lr t C 3 .. k r,.. 'k₹ of t,'# ,d..i..abywMondrebna t tt rr , • .Y TDGETNca with SI.d staple rte LWudWnen and sppvlwsea Memo'wimple.or in anywise appertains.led h memos ad .. 't ^a<I snmdsss,werledw d asssietkm.wets.liaise and polar desel;and all der ale.right.We,lateral.eWm and demand Munnw of h c� r pmwasl sillier ill bar otniks at Wand m h atom tussled premise.with the hewdmnhh and nWaWnarw: .It "` 9 ,. TO HAVE AND TO HOLD h said premises ahem bargained and daunted with IS agpots°a°m.mono tS gna$sL. her bon and .YO.wwe..TYpmmh h al (s its t , Ste heirs and pmdrep wesan saeawn.do encom ium ague the X.`. ',. ;7;t.-- . they *dad will WARRANT AND FOREVER DEFEND the Moe•bryi°d cat ea lathe gala cad penmanpasasam of nu pssaeelal c. t ,.4=. her eased Sway persona perwn claiming dWwhoka my pit Maud,I*houghs mew h paawf¢ , r' pi WITNESS WHEREOF.h pntaal ha Ve emceed aids dS on h drat sap forth atom. k: First National Bank in Loveland, a Banking Corporation, as Trustee r' e n * ..?4, ,,: et ) f' A 't' txe<wt.. Wi ,ne s t v 4u, 4'TH . r d . STATE OF COLORADO County of Weld } a. M •. TM Rmg°he Mspwsml was achawkdMd Wb1 ms Oda deaf ,ro _f y Morrison Li •tw,h, EReoutive Vice President and Trust Officer for � Piret He Lovel+utd, Trustee ` a.�v Whew my howled aloe sin. •,r`r i�,, j. ' t My co m� Deourber 1, 1994 I, { ''�` Q nit I � I � �hire , j u., ,�a 1113 10th Avenue NmtwwYY > r't,t• ' w� Greeley, CO. 00631 t 'Wel DM%r lghm ja r*ar* NiaSk d) ipcc lNRSelWrn Wrenn,Nlely.Oil Mora e•Peels PWel-Oge 212-1199—M4 ~^y�:S B 1297 REC 02248926 05/02/91 15:27 810.00 2/002 r ,, ) < F 1' 5 MARY ANN FEUERSTEIN CLERK & RECO^^c.IR WELD CO, CO . EXHIBIT "A" 4 That portion of the $61/4 of Section 8, Township 7 North, Range 67 West a �'.�`°, z; of the 6th P.N., County of Weld, State of Colorado, being more particularly described as follows: g I I6 Considering the East line of the SE1/4 of said Section 8 as bearing South ` 00 degrees 14 minutes 44 seconds West and with all bearings contained i � " herein relative thereto: "* Beginning at the East One-Quarter Corner of said Section 8; thence along said East line of the SE1/4 South 00 degrees 14 minutes 44 , ` ,t second West 1240.00 feet to the True Point of Beginning; � thence continuing along said East line of the SW1/4 South 00 degrees 14 , ,, s .. minutes 44 seconds West 1405.00 feet to the Southeast Corner of said cl ,� Az ' + , yr Section alo � ng the South line of the SE1/4 of said Section 8 South 39 � thence ',N' degrees 45 minutes 49 seconds West 2168.46 feet; thence North 00 degrees 06 minutes 51 seconds East 466.69 feet;F. ,. ' thence South 89 degrees 45 minutes 49 seconds West 466.69 feet to the .t..l';;: a° North-South centerline of said Section 8; v thence along said North-South centerline North 00 degrees 06 minutes 51 4 0 seconds East 938.29 feet; , thence North 89 degrees 45 minutes 29 seconds East 2638.37 feet to the E brA' x ' a True Point of Beginning. +. ,ai4_ „ EXCEPTING: THEREFROM a parcel of land conveyed to State Department of � eR �` Highways Division of Highways, State of Colorado, by deed recorded March ¢ , 4 1*. 8, 1989, in Book 1226 as Reception No. 02172793, described as follows: P fi iky� A tract or parcel of land No. 201 of the State Department of Highways, s Division of Highways, State of Colorado Project No. FC 014-2-(3 Unit 2, ' �g3 v,„1 ,, in the 81/2 of the SE1/4 of Section 8, being more particularly described „ , E 'J Be follows: m �; 1a Beginning at the 0E corner 3L minutes 8 seco. R ` ' 1. Thence degrees minutesnce North 0 36 1� seconds East, along the East .�. lime of Section 8, a distance of 160.01 feet; �,k , t ,: 2. Thence North 89 degrees 53 minutes 24 seconds West, a distance of x 30.00 feet, to a point on the West right of way line of Weld County Road (. 17 (May 1988); ' Yk 3. Thence South 45 degrees 21 minutes 27 seconds West, a distance of ,i 142.04 feet; 4 A Y 4. Thence North 89 degrees 53 minutes 24 seconds West a distance of ,,,, 2016.99 feet to the East right of way line of the Larimer County Canal ' .? t(kay 1988)I � "t 8. Thence South 45 degrees 45 minutes 00 seconds East, along said East #� a� , line, a distance of 37.43 feet; 6. Thence South 18 degrees 15 minutes 00 seconds East, continuing along said East line, a distance of 35.75 feet, to a point on the South line of i , 1,, , the SEl/4 of Notion 8; 4 Jit "I i 7. Thence South 89 degrees 53 minutes 24 seconds East, along said South " line, • distance of 2,508.36 feet, more or less, to the point of 'f',:; * w r beginning. she;IT '�+yw -t4., TOGETHER WITH two shares of the capital stock of the North Poudre Irrigation " k Company and twenty-nine shares of the capital stock Y „ .. of The Cactus Hill Ditch Company ' yT t ,ash , i 1 4I ! SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE AND MINERAL OWNERS Howard and Jeannine Enos SCH-5 Arthur M. and Evelyn M. Clarke 1401 Lindenwood Drive Ft. Collins, CO Richard A. and Linda E. DeNeui 7730 W. 5th Street Lakewood, CO 80226 John S. Dunn, Jr. , and Sandra Wilcox 19 Old Town Square Ft. Collins, CO 80524 William E. and Jane A. Lentz 40361 Weld County Road 17 Ft. Collins, CO 80524 K & M Company 3201 Shore Road Ft. Collins, CO 80524 Cactus Hill Ranch Company 38990 Highway 257 Ft. Collins, CO 80524 City of Thornton 9500 Civic Center Drive Thornton, CO 80229 North Weld County Water District Box 40 Windsor, CO 80550 Charles M. and Esther L. Pittock 642 E. Scorpio Drive Littleton, CO 80124 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 se04 8- 7-11 s c "S o'(OS oa ootc z 1 C1 ar<e A4kur 'M32. 2.9 1401_ L nc\ey oc t _ _r F1- C_n1lin.s_ Co so s 24- 029 L7. e 1.1e(-6 cl^czrcA Li �a t= 1130 V Sn__S-} (-.1.sEN, col CO F3OflL Q3\ Qunn Sarckro \Ac_c)x tq o_ld F� C.o .linf, Co- P05_24 O.3z Lenz. 1,\11a E JaneA gD 3caL _ _CR_ n_ S I_ 2, _ CEO_ E3os 24 ill bins act concoct 1 Cc -may 320! `fin c rte_ CcCh rts -Cc _ 80s24 o`zc Cac us 1 -t- r\c_`r Co 053 35 So 251 0 o5 l'loco CaA1\ns Co gos24 OZos \-1 00 0 CsN C(t1/4. oc \ \-\orkt5,n G � C\ �c_ ��r� ✓ �r- \nor r\-\\-on CO 80229 ili c;:;:;;;: t; III \ S \AFia co m,41 Wa r �Ia A0 U N sor Co 8O SSD ce -ThAA-ock C QAEs .I \ c �s VwrL L242. C 6orpio -Dr C i nf ±or-, Cc aorz4 i1 Ii it Hello