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Home My WebLink About930365.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1476 - PALERMO 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. 1476, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1476 was submitted by Tim Palermo for property which is located in part of the E; SEt of Section 9, Township 2 North, Range 68 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 36.50 acres and 34.89 acres. NOW, THEREFORE, BE IV 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 conditional upon the following: 1. 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 11. 7 of the Weld County Subdivision Ordinance. 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. 2. A Weld County septic permit is required for the proposed home, and the septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 3. The well must be located at least 100 feet from any septic system. 4. The applicant shall designate a tract of at least 35 acres on which the new well will be the only well. 5. Additional well permits will not be available for further subdivision of either lot. 930365 Re- / q /7 h' de .• i% , i)// RE: RE #1476 - PALERMO PAGE 2 6. Evaporative septic systems shall not be used on either lot. 7. The following notes shall be placed on the Recorded Exemption plat prior to recording: A Flood Hazard Development Permit will be required for any new construction of the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. The well permit on the 34.89-acre tract shall limit use to ordinary household purposes inside one single-family dwelling and the watering of the user's own noncommercial domestic animals. Outside use for lawn and garden irrigation shall be prohibited. 8. Prior to recording the plat, the applicant shall submit written evidence that the requirements of the Colorado Division of Minerals and Geology have been complied with concerning the Mined Land Reclamation permit issued on the property. The above and foregoing Resolution was, on motion duly made and seconded, adopted b the following vote on the 21st day of April, A.D. , 1993. Ad% BOARD OF COUNTY COMMISSIONERS ATTEST: W D COUNTY, COLORADO / Weld County Clerk to the Board (/ an 41,--ttriidet/ Cons/AeL berm BY: 66 Deputy Clerk to the Board W. H. Webster, Pro-Tem APPROVED AS TO FORM: w �� C ��x eorge i Bax er , my Attorney Da e . al • Barbara J. Kirkme er 930365 DEPARTMENT OF PLANNING SERVICES ng T 1 " "" !: r7 PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENU C. j C' GREELEY, COLORADO 80631E COLORADO April 21, 1993 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1476. Dear Commissioners: This request for a recorded exemption is submitted by Tim Palermo. The parcel of land is described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. The property is located on the west side of Weld County Road 7, one-half mile south of State Highway 119. The request is to divide the property into two parcels of 36.50 acres and 34.89 acres, more or less. Please refer to the attached copies of Larry Intermill' s letter of September 23, 1992, and Keith Schuett's letter of October 14, 1992. Wells will provide domestic water service to each proposed lot. Sewage disposal is proposed as septic systems. The City of Longmont Planning Department and Boulder County Planning Department had no objections to this request. The Weld County Health Department, Colorado Division of Minerals and Geology, and Colorado Division of Water Resources recommended conditional approval. Our office has received no objections from any of the surrounding property owners or mineral owners. The St. Vrain Sanitation District in its letter of February 25, 1993, has indicated that the utilization of septic systems for two proposed new single-family residences on this property does not comply with the District's Master plan. The District proposed two solutions which the Department of Planning Services' staff believes is unreasonable. Weld County has historically not required single-family residences to connect to the St. Vrain Sanitation District System nor seek inclusion into the Sanitation District. The staff requests that the Board of County Commissioners consider this application and determine if the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. Sincerely, Chuck Cunliffe, AICP Director CAC/sfr 930365 CONDITIONS OF APPROVAL RE-1476 1. 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 11.7 of the Weld County Subdivision Ordinance. 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. 2. A Weld County septic permit is required for the proposed homes and the septic systems shall be installed according to the Weld County Individual Sewage Disposal System Regulations. 3. The well must be located at least 100 feet from any septic system. 4. The applicant shall designate a tract of at least 35 acres on which the new well will be the only well. 5. Additional well permits will not be available for further subdivision of either lot. 6. Evaporative septic systems shall not be used on either lot. 7. The following notes shall be placed on the recorded exemption plat, prior to recording: A Flood Hazard Development Permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. The well permit on the 34.89 acre tract shall limit use to ordinary household purposes inside one single-family dwelling and the watering of the user's own noncommercial domestic animals. Outside use for lawn and garden irrigation shall be prohibited. 8. Prior to recording the plat, the applicant shall submit written evidence that the requirements of the Colorado Division of Minerals and Geology have been complied with concerning the Mined Land Reclamation permit issued on the property. 930365 Intermill Land Surveying -Registered in Colorado&Wyoming ,r 1301 N. Cleveland Ave. Loveland, Colorado 80537 (303) 669-0516 September 23, 1992 D Board of County Commissioners Sep 2 8 )yyk Weld County Centennial Center 915 Tenth St. Weld CCs: Greeley, CO 80631 ...�p � RE: Recorded Exemption E' SEA Sec. 9-T2N-R68W Dear Commissioners; My clients have contacted me to do a Recorded Exemption on the above property (E' SE's SEc. 9-T2N-R68W) . This property has been mined for gravel and it is my clients' intent to reclaim the lake and build two very nice homes adjacent to the lake. In researching this project I found that there were approximately 3.2 acres that were split off the South end in the 1940' s and that in January 1973 there were approximately 7.3 acres retained with the house when the balance of the property sold. This leaves approximately 69 .5 acres that we would like to split into two parcels. My clients thought the 69 .5 acres was a separate parcel that could be split . Our problem is that Senate Bill 35 was adopted in mid-1972 creating an illegal lot on the seven acre parcel which I'm sure the people at that time were not aware of. We are willing to do the R.E. on' the seven acre parcel to make it a legal parcel but would ask for a variance on''.the five year period to split the balance into two parcels . We feel this is a justified request as the property has set there for 19 years without a split and the cost of cleaning up the area . and recliimingthe lake would be more feasible for two landowners. We appreciate your time and attention to this matter. Sincerely, INTERMILL LAND SURVEYING, INC. LARRY G. INTERMILL Surveyor/Owner 9 Rr, { 307165 a.:, (if cc( 4.---:,.., DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI I D C• 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 14, 1992 Intermill Land Surveying Attention: Larry Intermill 1301 N. Cleveland Ave. Loveland, Colorado 80537 Subject: Recorded Exemption located on property located in part of the E2 SE4 Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Intermill Thank you for your letter of September 23 . The Board of County Commissioners reviewed your request to submit two Recorded Exemptions on the above described property. The first recorded exemption would be to correct an existing illegal land split and the second recorded exemption would be to further divide the property. The Commissioners have determined that you could submit the applications, provided that they are submitted at the same time. Please call or write me if you have any questions. Respectfully, K Yf . Schuett urrent planner pc: Board of County Commissioners 930365 o‘474" ;w ' � I ® x. I •xe ,�5 x• _ . 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Ct L- (-) LEGAL : Par4 E / S '/ t Sec. 9 , 72. N t (r LOCATION : C n *h e 5 € ae, O-P Wail? � SC)ra 'l (SrC f vvy 1 [ 01 Date By Application received /�� 01- /6 3 Application complete r7) / / /e_ Letter to applicant drafted O Referrals listed p File assembled l` ` € E � Letter to applicant mailed Referrals mailed C , tc / �l ^ � 6 Cha ind ex ed DPS recommendation drafted 22/1/(1 : ) � `y Administrative Review decision : t\Apy1.1_,-. 4 co /f3 History card completed COMMISSIONERS ' HEARING DATE : 6/z_ a '� Date By Air photo and maps prepared Field check by DPS staff te/tCC Action : y� � /�i C�M ^ � ' ` �JY° / CC resolution re eived 1-1 � � L/ History card completed Recorded on maps and /or filed Cf � .cy . recs . . . . P . APPLICATION FOR RECORDED EXEMPTION PHONE: 353.3845, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PIANNING,JPANT USE ONLY: APPL. FEE 41tH,,, CASE NO. RE - I4`7lo RECORDING FEE ZONING DISTRICT RECEIPT NO, ts9,1,225 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 ATTACHED LEGAL TOTAL ACREAGE: 71.39± Acres Hes this property been divided from or had divided from it any other property since August 30, 19724 Yes No X Is thi� parcel of land under consideration the total contiguous land owned by the applicant? Yes No FEE OWNERS OF PROPERTY: Name: Tim Palermo J/13 Brighton Blvd. Address: Denver, CO 80216 Phone: 295-2943 Name; Address: Phone; Name: Address: Phone: WATER SOURCE: Larger Parcel Well Smaller Parcel Well TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Single Family Smaller Parcel Single Family ACREAGE; Larger Parcel 34. 50± Ac. Smaller Parcel 34. 89* Ac. EXISTING DWELLINGS; (Yes or No) NO (Yes or No) NO I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) �..ig�� Omer or Authorized Agent Subscribed and sworn to before me this 27 day of a,.r s4.q , 1943 (SEAL) Notary Public YY it rrranl=_s'^a c,,^;•es Dec. 16, i , ;' 993 My Commission Expires En -I < 5 `3;10 D & M Services,. Inc. '- 2005 9th Street, Suite #3 , Greeley, Colorado 80631 FAX (303)353-4855 Telephone (303)353-4855 %tar ,,, , Atr/911-3 /Jo/ ,/ l��. D rdi Lt a re)J-17 / : 714,;41,64,‘,1 . . S I`y. Of%., jet_ g �.fiM-.4., ,,J✓p, 4IW41y4'4 I4tM // , ciat. Q 4_7744 4 pA&B•.rx /2 -2.2-A0,- ,....: , )/n1 A _t /✓, "..e,04,,,flegal At,c tons -4-"6 e-A.-1`- m4 f a x ,,,- T' /�.�'4 Aar• ,,f �fl L r Pt ;',1 3;.,`E p t2 re.leerte-‘80".;A e 0 rat C di t k 0', i k-0-)t 4 ; :1:; ,in ItlA2,, a 1 ,` tip' � ;� eV 9Ofi$ f /d / 3-o9-o-c» -o7/ / 3/ 3 -ate O -°o- o` 7 St . Vrain Ltd Boulder Creek Estates Palermo RE % Richard Domenico Ltd Liability Co for Intermill Land Sury 8200 N 67th 3715 Brighton Blvd by APO of Colorado Arvada, Co 80004 Denver , Co 80216 1313 —/D— a—oo_07J 13/ 3 —/b- o —oO —O3t William & 13i3 -/ D- a - oa -o ?t Phillip Camenisch Shirley Silvers Dorothy Larson 10504 Weld County Rd 7 10608 Weld County Rd 7 10706 Weld County Rd 7 Longmont , Co 80501 Longmont , Co 80501 Longmont , Co 80501 9:301g5 I • e. B 1363 REC 02315652 12/22/92 16:35 ;10.00 1/002 1.B 1860 NARY ANN FEUERSTEIN CLERE B RECORDER 0ELD COI CO I , QUIT CLAIM DEED L . . THIS DEED.Made rids 24 d.f of :.: emcee __ rids •CWay of Boulder _ Celordo.SnnlMsi ad _ Timothy F. Palermo • • area legal addmuY 3115 Brighton Blvd., Denver CO 80216 epd,p City 6 Camsyd Deriver ed Sae oCdoesdo.grenveb) t. WritiESSETN.ma dr P+Iml'i Ye rd is CO UIdemrn ddu wm d !10.00 and other good Ag5 sea„e.ledgd•M a mmi,ad.nk.md.roN.eon,eyed ud OInT MIMED,rd by and valuableof consideration G0r[wD'1 soda .r •" hu soccesson UAIM mgrs. to . • an is 0g mo s,Mos,in Is Mte I ▪ promo e•data. M,Wen. od kmad.bk%dr a^IrorUl M Meld sd r er'eel popery.tarter d• j. lespedemo.me re rigae.Me,rams.dba -twig of 1 . l„p,�„rer.NasA gww.FjW sod bang le the Clod••described r Wove voter rights, yell, veil voter• All is Grantors rights.ditch in all water, reservoir rights. I augment ditch,n plane a augmentation plws and/or agreements including but not limited to s Ditch Co. and 2 shares RUrel Ditch Stott s 1 chars of Smith I Drone as described on Exhibit "A" attached hereto •1 appurtsnent to the property •' q 3 I end incorporated herein by. reeve' m1nSnS I All of Grantors interest in all sand, gravel, cinder, R appurtenant to the property described on Exhibit • I , ref erence. penits and licenses sPfl' A attached hereto and incorporated herein byh drourbon., rimer el rights. y described on Exhibit '•A" ertatbut t All of Grantors app interest to o the 1property s, end•reset ae � her and gas incorporated reference excepting se as of t'! � hereto and uneorpthe G herein by rodaein9 oil and g _ - _ hweveri••unto the Grantor'e11 P . August 10, 1992 she bon b son ND led samba se ,l : - and Diode's,eta r MrasM r Y . s. , ease a ese.giBinlgnPhsdv of Dioe's, gaerrre or err s�Q ,, _ ,YO HAVE A}1DTOIogoo M.gds.bona mdeldm a,smaa os Ws*sod odedbor id did g dt si his MN sea aggro Ymmo ,� .r n I the adoroP"ewtrEn naafi tie dadse rile rc°DO ebse, rv.. ra •Irr �? e�aAre .. s�{ if I / • i tS _ • STATE OfCOIDRADO. 1 IL { 1 • d 3'Ii 'dayd. in4rte4 r e__ ..h'1 2-•r e! edureLltedMkle re Ma 1s do hr�e I L L5•45-meet 7i y a waver my►rd sad Nand sal. ! P' My W"'de're tyro jZ/" 6/7 3 v` 9 Z92n9atnw9 . i ,.v.-p�wwwyW MIM I __ -.....c♦r YY is. /e Mksi. a . . elf Ie Deart,laatl'Cky ad.' • • -� _�. . • �, :X65 Rant llasae oareuwtm - r . • B 1363 REC 02315652 12/22/92 16,35 (10.00 2/002 I' 1861 MARY ANN PEOERSTEIN CLERIC 6 RECORDER WELD CO, CO a PARCEL 3; portion described of the evsE1/4 of said Section 9, more• That particularly Beginning at the Southeast corner of said Section 9; 9 Sou 12eminutesn54 seconds Nest 147.00 feet lmore or e essnto the Southeas et t corner of that certain tract of land described in Deed recorded in Book t 1138, Page 293, records of said County? thence along the Easterly line of said describedtract North 0 degrees 31 1- sinutes 34 seconds East 375.00 feet more or less to the Northeast corner of said described tract; thence along the North line of said described tract South 89 degrees 12 e of that certain par o seconds landl 33.31 feet more or less to described in Deed recorded in Book 547e East , Reception ;. No 143 9e No. 1468936, records of ned orht2;de degrees 07 sinutes 06 seconds thence West , 3. along said leets line North 2 g parcel South r7 degrees 38 e0 feet grtherNoorth to the scribedrp of said described 6 parcel; thence along minutes 40 seconds West 1]0.]3 feet sore or less to the North line of ' degrees Page minutes 54 seconds West 1 said described tract No North line ned in Book 1138 at 12 nut; thence along said Nles South wet orner of said described 31 ct; 71.42 n feet sore or less to the Northwest thence along the West line of said described tract South 0 degrees '� minutes 34 seconds West 1.96 feet more oorcl less ssotoNs.said 14North or 6;line of said North line South 87 degrees 36 minutes 40 seconds Nest described parcel recorded in Book 547, R corner epti of said described pa thence along 3hec feet sore or less to ne Northwest South 0 degrees 06 1 thence min along the sWest 137 of said more parcel minutes 06 seconds East 372.00 feet sore or less to said South line of _ the SE1/4 of Section 9; cos 1] sinutaa 5{ seconds Nest ,' thence along said South line South 89 degrees 928.59 feet more or less to the Southwest corner of said E1/2 of the - SE1/4 of Section 9; i is thence along the West line of said E1/2 North 0 degrees 32 minutes 15 , seconds East 2,672.83 feet sore or less to the Northwest corner of sd ; _ E1/4 of the SE1/4 of Section 9; /. .. e. tthenca elong,the North_line:of,saidSEJ 4 of Section 9 North 89 degrees t ,e East 863.95'_ � w49 minutes 23 hence the East Quarter corner'of"said'Seotion'f bears North 89 degrees ' ' 49 minutes 23 seconds East 467.06 feet; thence parallel with the East line of said 681/4 of Section 9 South 0 , _ degrees 31 minutes 34 seconds Nest 728.64 feet; 467.03 'ssct South 89 int on the East lineees 28 7s of26 said 6E1/4onds EoftSectioef1 mi 9 from whence 4 r less Eo • pw �� said East Quarter corner of Section 9 bears North 0 degrees ' seconds East 734.37 feet? thence along said East line South 0degrees 31 sinutes 34 seconds West 1,924.73 feet sore or less to the Point of Beginning. State 2 North, Range 60 West of the 6th P.M., County of Weld, Excepting ant reserving, however, unto the Grantor all producing oil and gas as of August 10, 1992. .. -. L... S.i . .. �. .. _ . .: . .. ..eJ.........- . .._ . . ;_' .r«:-...... . .,_.. ._ ._.._.._........_-..-:.-_.._...,...>:a_..:.......mow....+...o.,..-a.r..r.�......... ,: .. 'I.e C- e.r-j n r' .da 17.8%.sir"di:"ga : ,e :t. p ... x t44i. �`'. ativb • Order No. 8507509 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: See Exhibit A attached hereto: CONVEYANCES (if none appear, so state): Reception No. 1626324 , Book 704 Reception No. 1626325 Book 704 Reception No. 2312511 • Book 1360 Re-record Reception No. 2315646 , Book 1363 Reception No. 2312513 , Book 1360 Reception No. 2312517 Book 1360 Re-record Reception No. 2315649 , Book 1363 Reception No. 2315652 , gook 1363 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 30th day of December , A.D., 1992 . at 7:00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: 6LLC AUTHORIZED S NA E 9:30105 Order No. 8507509 EXHIBIT A That portion of the E1/2 of the SE1/4 of Section 9 , Township 2 North Range 68 West of the 6th P.M. , County of Weld, State of Colorado, described as follows : Beginning at the Southeast corner of said Section 9; thence along the South line of said SE1/4 of Section 9 South 89 degrees 12 minutes 54 seconds West 147.00 feet more or less to the Southeast corner of that certain tract of land described in Deed recorded in Book 1138, Page 293, records of said County; thence along the Easterly line of said described tract North 0 degrees 31 minutes 34 seconds East 375. 00 feet more or less to the Northeast corner of said described tract; thence along the North line of said described tract South 89 degrees 12 minutes 54 seconds West 33 .31 feet more or less to the East line of that certain parcel of land described in Deed recorded in Book 547, Reception No. 1468936, records of said County; thence along said East line North 2 degrees 07 minutes 06 seconds West 3 . 30 feet more or less to the Northeast corner of said described parcel; thence along the North line of said described parcel South 87 degrees 38 minutes 40 seconds West 120.23 feet more or less to the North line of said described tract recorded in Book 1138 at Page 293; thence along said North line South 89 degrees 12 minutes 54 seconds West 71.42 feet more or less to the Northwest corner of said described tract; thence along the West line of said described tract South 0 degrees 31 minutes 34 seconds West 1. 96 feet more or less to said North line of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 minutes 40 seconds West 35.31 feet more or less to the Northwest corner of said described parcel; thence along the West line of said described parcel South 0 degrees 06 minutes 06 seconds East 372 . 00 feet more or less to said South line of the SE1/4 of Section 9; thence along said South line South 89 degrees 12 minutes 54 seconds West 928.59 feet more or less to the Southwest corner of said E1/2 of the SE1/4 of Section 9; thence along the West line of said E1/2 North 0 degrees 32 minutes 15 seconds East 2, 672 . 83 feet more or less to the Northwest corner of said E1/2 of the SE1/4 of Section 9; thence along the North line of said SE1/4 of Section 9 North 89 degrees 49 minutes 23 seconds East 863 . 95 feet more or less to a point from whence the East Quarter corner of said Section 9 bears North 89 degrees 49 minutes 23 seconds East 467 . 06 feet; thence parallel with the East line of said SE1/4 of Section 9 South 0 degrees 31 minutes 34 seconds West 728 . 64 feet; thence South 89 degrees 28 minutes 26 seconds East 467 . 03 feet more or less to a point on the East line of said SE1/4 of Section 9 from whence said East Quarter corner of Section 9 bears North 0 degrees 31 minutes 34 seconds East 734 . 37 feet; thence along said East line South 0 degrees 31 minutes 34 seconds West 1,924 . 33 feet more or less to the Point of Beginning. 930/65 Y v � y _ . v` P' yz . o Ka 704 R•mrded as/d —O'clock AA, 11.._1973 'k�;_ NE•apdon No_.._..162.s32.Q ANN WOW"_._Eaeotd•L t'1 i a __ / —_ RECORDER'S STAMP I THIS DEED, Made this 30th ,day of November _.-- I Stay Documentary Fen o° 19 73 ,between ARTHUR KOLDEWAY, as trustee, DEC 11 1373 I Data__// .__�_ - a... 9..�M_ .�.._ • _. }^ of the County of Larimer and State of 1/40 ‘0 Colorado,of the first part,and • — ti ST. VRAIN LTD„ a Joint Venture • ... . of the City and County of Denver and State of Colorado,of the second part; l a I - -"0 WITNESSETH,That the saide party of th:first part,for and in consideration of the sum of 0 :: Ten and No/100tha -DOLLARS, 0 and other good and valuable considerations ---- " to the said party of the first .r ' W part In hand paid by the said part y of the second part,the I' receipt whereof is hereby confessed and admowledged,has granted,bargained,sold and conveyed, e - - --- and by these presents do as grant,bartain,sell,convey and confirm unto the said party of the I successors second part, ita/fw'.1•A and assigns forever,all the following described lots or pastels of land, - .. situate,lying and being is the County of Weld and State of Colorado, - to-wit: Those portions of Section 9, Township 2 North, Range 68 - •----. Pest of the Sixth Principal Meridian, in the County of Weld, State of Colorado, more particularly described as follows: Bearings based on true meridian: • - -- - -- PARCEL 1 -.. __ (.�1J 1 Go That portion of the Northwest Quarter of said section 9 more partil cularly described as follows: ---- - - • Beginning at a point on the West line of said Northwest Quarter - vof Section 9 from whence the Northwest corner of said Section - 9 bears North 0°12'52" West 152.00 feet, thence South 68°27'52" y 3 ,.y � East 709.32 feet; thence North 50°34' East 297.67 feet, thence «(; _'f North 30°55'10" East 171.75 feet, note et less, to the Southwester corner of that certain tract of land described in Deed recorded4 ' 't44" in Book 651, Reception No, 1573479, records of said County; said --- r;,' corner being on a curve to the left, a radial line passing through ' said corner bears South 0°06118" East , -i:' curve having a radius _ ,: ' � of 11,580.00 feet and a central anplt of 1'03'5,"; thence Easterly along the Southerly line of said described tract and arc of said -- - . s� curve 215.41 feet to a point on sat : cure, 2 radial line passing 1 _ through said point bears South 1'12'15" East, (the chord of this ' . arc bears North 89°19' Fast, a distance ct 215.0 feet;) thence �+ '. . leaving said curve North 84°42'60" East 231.82 feet; thence North I ° - 88°48'04" East 1199.59 feet more or less to a point on the East k, ___ line of said Northwest Quarter of Section 9 fro: whence the North - - • w .. Quarter corner of said Section 9 i;ca:-r Nnru, ""32'56" ;rest 74.44 - feet; thence along said East line Senn 0°3 '56" Nest 2,509.48 - feet more or leas to the Southeast corner of said Northwest Quarte _ .. -.. of Section 9; thence along the South Line of said Northwest Quarts - — ' - - of Section 9 South 89°49'23" West 2,640,29 feet more or less to - �- - the West Quarter corner of said Section 9; thence along said West • line of the Northwest Quarter of Section 9 North 0.12'52" West - 2,387,93 feet more or less to the POINT or BEGINNING. N•.SAL waataaer MliD _ '- 'NINNY(s.w.unt u beet our pw,s,u...w--,.n tt 930n • a• ` — - • Ni. lh 1 , r V� i tt',. odor 704 — 1626324y-y; • PARCEL 2 That portion of the South half of the Northeast i • Section 9 more particularly described as follows: of said Beginning at the Southwest corner of said Northeast +•>• Section 9; thence along the West line of said Northeast of North 0°32'56" East 1,291.96 feet more or less to the Northwest 7 corner of said South half of the Northeast Quarter of Section 9; 7. - -- -- ,� thence along the North line of said South half North 89°18'15" ___ East 1,202.81 feet more or less to the Northwest corner of Parcel 4 as herein described; thence along the West line of said Parcel 4 and parallel with the East line of said Northeast Section 9 South 0°31'47" West 1,302.84 feet more or fleas tto the South line of said Northeast Quarter of Section 9; thence along said South line South 89°49'23" West 1,203.06 feet more or less 'i , : _to the POINT OF BEGINNING. PARCEL 3 - _. , That portion of the East half of the Southeast Quarter of said Section 9 more particularly described as follows: ' Beginning at the Southeast corner of said Section 9; thence along, " • the South line of said Southeast Quarter of Section 9 South 89°12'5 t:, West 147.00 feet more or less to the Southeast corner of that 9 certain tract of land described in Deed recorded in Book 1138, --.; Page 293, records of said County; thence along the Easterly line of said described tract North 0°31'34" East 375.00 feet more or R _ _ . less to the Northeast corner of said described tract; thence along — — -- ----- the North line of said described tract South 89°12'54" West 33.31 F,, feet more or less to the East line of that certain parcel of land "I described in Deed recorded in Rook 547, Reception No. 1468936, - records of said County; thence along said East line North 2°07'06" `_.--- West 3.30 feet more or less to the Northeast'— _ corner o£ said des- - _ -=_ - - cribed parcel; thence along the North li,;e of said described parcel South 87°38'40" West 120.23 feet more or less to the North line -of said described tract recorded in Book 1138, Page 293; thence —along said North line South 89°12'54" West 71.42 feet more or less to the Northwest corner of said decribed tract; thence along the West line of said described tract South 0°31'34" West 1.96 feet more or less to said North line of described parcel recorded in r •------ Book 547, Reception No. 1468936; thence along said North line South 'ei-ao'40'• West 35.331 feet more or less to the Northwest corner of said described parcel; thence along the West line of said des- _ .- - cribed parcel South 0°06'06" East 372.00 feet more or less to said _ South line of the Southeast Quarter of Section 9; thence along said South line South 89°12'54" West 928.59 feet more or less to - - the Southwest corner of said East half of the Southeast Quarter i :. - of Section 9; thence along the West line of said East half North -R,� :0°32'15" East 2,672.83 feet more or less to the Northwest corner of said East half of the Southeast Quarter of Section 9; thence ;,along the North line of said Southeast Quarter of Section 9 North 89°49'23" East 863.95 feet more or less to a point from whence - g the East Quarter corner of said Section 9 bears North 89°49'23" l'''-4. .3 -- ;East 467.06 feet; thence parallel with the East line of said South- east Quarter of Section 9 South 0°31'34" West 728.64 feet; thence '-- South 89°28'26" East 467.03 feet more or less to a point on the _East line of said Southeast Quarter of Section 9 from whence said East Quarter corner of Section 9 bears North 0°31'34" East 734.37 . -. feet; thence along said East line South 0'31'34" West 1,924,33 feet more or less to the POINT OF BEOIN:u',G. • PARCEL 4 ` That portion of the South half of the' Northeast Quarter of Section 9 more particularly described as follows: - Beginning at the East Quarter corner of said Section 9; thence along the East line of said Northeast Quarter of Section 9 North 0°31'47" East 304.13 feet; thence South 87°27'04" West 30.04 feet• to a point on the West right-of-way line of County Road 7, said point being the TRUE POINT OF BEGINNING; thence South 87° 27'04" 'West 437.66 feet; thence parallel with said Fast line of the North- . east Quarter of Section 9 South 0°31'47" West 284.77 feet more or less to the South line of said Northeast Quarter of Section 9; - thence along said South line South 89°49'23" West 991.90 feet more or less to the Southeast corner of Parcel 2 as herein described; thence along the East line of said Parcel 2 and parallel with said • ' East line of the Northeast Quarter of Section 9 North 0°31'.471' ' ' - "East 1302.84 feet more or less to the North line of said South .!half of the Northeast Quarter of Section 9; thence along said North line North 89°18'15" East 1,429.18 feet more or less to a point of said West right-of-way line of County Road 7 from whence the • Northeast corner of said South half of the Northeast Quarter of ` Section 9 bears North 89°18'15" East 30.00 feet; thence along said West right-of-way line and parallel with said East line of the - Northeast Quarter of Section 9 South 0°31'47" West 1,012,90 feet more or less to the TRUE POINT OF BEGINNING. TOGETHER WITH one share of the capital stock of the Smirh and Emmons y- • Dirch Company and one and three-fourths shares of the capital-stock of the Rural Ditch Company, and - TOGETHER WITH all oil, gas, coal, and or' Lr nincrals in and under q ass - the above described real property. 9ae© it • • i_ _ toot— 704 _162 24 i TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,o - - 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 said part of the first — ypart either in law or equity,of,in and to The ab,to bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above uargaintd and described,with the impute. -----' - n nies unto St. Vrain Ltd., a Joint Venturo --- - j the said party of the second part,itss/klassdn /kolas so aaign=Ln'eser. ., And the said Arthur T. Koldeway, as trustee. • party of the first part, successors and assigns for his sel f Cs covenant,grant, bargain snd agree 1' ICi, successors -_ to and with the said party of the second part, its ketzs✓and assigns,that at the time of the ensealing and delivery of these presents he is troll ,sized of the premises above con- I 1 veyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance in law,in fee simple, w and ha s good right,full power and lawful authority to grant,hmgain,cell and convey the acme to manner and form aforesaid,and that the same arefree and clear from all former and other grants, - t bargains.sales,liens,taxes,assessments and Ineumbrances of whatever kind or nature soevsr:,- y k. ► a• rr .1zY r 93 R I, ra • 7. a • .11 • H_, - - O` ft soak 0. ivzs . fp 4- a EXCEPT oil and gas leases of record, and except the terms of the T. M - reservation of oil, gas, coal, and other minerals as contained -- in Deed recorded November 12, 1959 in Book 1544, at Page 239, Weld ..c.County, Colorado records. - tv w ne AND EXCEPT right of way for roadway purposes 60 feet in width at over and across the said Parcel 3, the center line of which'right of way is a line located and described as follows, to wit: - - o r Beginning at the East Quarter corner of said Section 9, thenceo - e South 89 49'23" West 1331.01 feet to the Northwest corner of saido Parcel 3; thence South 0°32'15" West 59.96 feet to a point on the - West line of said Parcel 3, and the point of beeinnine of said center line of said right of way; Hence South 88°51'30" East a ''- Y.distance of 771.38 feet; thence South 80°42'16" Cast a distance %-t- - of 566.20 feet to a point on the East line of said Southeast 1 "' - Quarter of said Section 9 from whence the said Cast Quarter corner H'' bears North 0°31'34" East a distance of 170.90 feet. +` - - -- s' and the above bargained premises in -_--- the quiet and peaceable possession of the said party of the second part, its }nl aM�gns • against all and every person or persona lawfully claiming or to claim the whole or say part thereof, µ - _ _ the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. - - - IN WITNESS WHEREOF,The said party of the first part has hereunto set his - - --- hand and seal the day and year first above written. Signed,Sealed and Delivered la Pugging.1 L �4 I..zee* e _ -- ARTHUR KOLDEWAY, as Trustee [qpm) [SEAL] _ .__..._....._._[SEAL) . . STATE OF COLORADO, Ise. City...6. County of AenvSF - __ - The foregoing instrument was acknowledged before me fhb. 30th any of November s 19 73 ,bye Arthur Koldeway,� 7> as Trustee IMY commission expires ,/,/&-c) 30 / Y /. — -° Witness my hand and official seal. ' 7/Lc. i":1•1.1,171.:77-1: . fitee,jt≥ 77 was,Za�tN..,.,..Palest.* '7w E} ntlYn axu,w b,vYb.IK v.v... A .. r r efflebl w Yy,tl .'straw pier or enwm.Y r.Trird;ar=lilt a...n•�••c .7:e ,e4"em..c.e�'.,"a'.S. >� 'rl I; : ....L. ..�-. � a• JN . • _ • . . l tl e , 4 /n ,lash�}_1E._ DEC 1_1.17? _ sYmded et / 7. i-I „l r-- - _ t THIS DEED, Made t Is 30th day of November ,lg 73, ' 1 3 is bees Arthur Koldeway, as trustee, .. a d em Ce.n .f Larimer and state of f _ ,n Colorado,of to first part,and - - rr St, Vrain Ltd., a Joint Venture . -a du. City & Csunb of Denver and state of — --.a-- - .-i Colorado,of the second part, ' N' WITNESSETH,That the said part y of the first part,for and in consideration of tho sum of ape WITNESSETH, Ten and no/100ths D0e• -.-' 0 to the said party of the first part In hand paid by the said part y of the second part,the receipt whereof r b busby cone seed and acknowledged,ha g remised,released, sold, conveyed and QUIT CLAIMED, and by O these preae.ts do es nds.,release,sell,convey and QUIT CLAIM unto the said party of the second part, 0 its Selri,suaewwn and asalgus,forever,all the right, title, Interest, claim and demand which the said itti. O party of the tint part ha e in ad to the following described lot or parcel of land situate, lying and _ ,- ._ being in the County of Weld and State of Colorado,to wet -_ • 1$ All of the Northwest Quarter, and the South One-half of the North- '2 ? — e"'. east Quarter and the East One-half of the Southeast Quarter of f.1+, Section 9, Township 2 North, Range 68 West of the Sixth Principal - a Meridian, EXCEPT those portions thereof described as follows, to wig: - . _ ire ., Beginning at the East quarter corner of said Section 9, the true i POINT OF BEGINNING; thence along the East line of said Northeast _ _ Quarter of Section 9 North 0°31'47" Fast 304.13 feet; thence:South ; .r ' 87'27'04" West 467.70 feet;thence parallel with said Baseline of ;j 1 the Northeast Quarter of Section 9 South 0°31'47" West 284.72 feet, ;I more or less to the South line of said Northeast Quarter of Section .' _ 9; thence parallel with the East line of said Southeast Quarter of _ Section 9 South 0°31'34" West 728.64 feet; thence South 89°28'26" ' i t East 467.03 feet more or less to a point on the East lina,of`said - - .. Southeast Quarter of Section 9 from whence said East Quarter corner _ -- of Section 9 bears North 0'31'3411 East 734.37 feet; thence alongS -- -- - said Fast line North 0°31'34" East 714.37 feet more or less to the true Point of Beginning. - _ TO RAVE AND To HOLD the same,together with all and singular the appurtenances and privilegesthareunto - . belonging or In anywise*moat*appertaining,and all the eetate,right,title,interest and claim whateoevnr,of the said part part y of the first part,either psmWjya to the only proper use,benefit and beboof of the said— y of the second part. its aeo'Csaa''1gna fore:er. . IN WITNESS WHEREOF,The said party of the first part ha S hereur.to set his hand and seal the day and year first above written. �/ �/ o/ y� _ I (, 2, sd.'./I L,a#n W �J_$XLG�ISEALI . Signed,Sealed and Delimited In the Presence of I Arthur Koldewa I, _ :.[SEALI _ as Tres tee � . .y.[aRAtl ._ STATE OF COLORADO. 1 • 1 - Y I, City and cowrie( Denver The foregoing Instrument was acknowledged before me this 30th day of November " ` le73,by' Arthur Koldeway, as trustee. T —___ c. 1 3 0 J My cotvmlaabY.spina YO-ti. ,1g 7�Witness see my hand and atrial seal n1� a V' i o 71 Ct�� T 114% r —41 _ 1 ,t n ,n 1 Ymnl—czars=Me°bases Came V same.:Ir er Pao.ae,lar In re rrseenlanre A e Y 1 YWsey' 'feet,Iw YsntY. 'b-ru'1 et et -r Jrie:• eeAlbleei Y S°aaa"'9wew,wawa e[ iraa Y tea or ether aware°r sure ecayonllna: g. w�i.r mw beet IIFa•l SaMaE r M nmYtee.ML No.set gun SUM ii,..--bamwe yWYYaa Co.,nWN not Mat Mew.GbK-1. i ,.il ;`•' _ .c4 n t — - z• AR231564b P 1360 REC 02311511 11/30/92 16:33 $10.00 1/002 F 1646 MARY ANN FEUERSTEIN CLERK I. RECORDER WELD CO, CO W312511 SPECIAL WARRANTY DEED THIS DEED, Made this 24th day of November, 1992 between St. Vrain Ltd., a Joint Venture of the County of Jefferson and State of Colorado, grantor,and STATE DDCUMENTARY FEE Carl Borgetron Dab ///36/9.;‘, whose legal address is 820 Jefferson, Louisville, Colorado 80027 $ 11 4 c- of the County of Boulder and State of Colorado, grantees: WI3ESSE= that the grantor(s) for and is consideration of the sea of 0601 EmmRED .. . SIX TuOOSaiD FIVZ !MEDIC AMR 00/100, (6106,500.00) Dollars, the receipt and ......� sufficiency of which is hereby acknowledged, has greeted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the tee(s), his heirs and assigns forever, all real property, together with Ls, if any, situate, lying sad being la the County of Weld and State of Co *rude, described as follows: SEE EXHIBIT 'A' ATTACHED HERETO alp MADE A PART HEREOF 8 1363 REC 02315646 12/22/92 16:33 810.00 1/002 • F 1846 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO also known by street and number as vacant Land, Weld County, Colorado E'OOSZDER with all and singular the hereditaseats and appurtenances thereto belonging, or la anywise appertaining, sadthe reversion e reversions, remainder a remsiers• rents, issues and profits endd d hereof; s all the estate, right, title, interest, claim and dread whatsoever of the graator(s) either is law or agility, of is and to the above bargained promisee, with the hereditament' and appartaa.acse7 TO RAVI Alm SO MOLD the said premises above bargained and described with appertenaaces• unto the grantee(s), his heirs and assign. forcer. The grantor(s), for F -- Itself, its heirs and personal representatives or successors does Covenant and agree that MA it shall and will RRA= asp FOREVER DSFEND the above-bargained premises la the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every or persons claiming y part thereof, by, through or under the person IN WITEESs IWaERSSor whole or a any eta forth above. • grantor(s) has executed this deed on the date set forth above. St. Vrain Ltd., a Joint Venture ' -FE4n1c_Dacaomaeeo,,.Joint Venturer �� . ...w 'iEaw`<.... -.:.. _. .,.: _M.a_ ._,u..r+i;. wr-siF ........w:• d Domenico, Joint Venture STATE OF COLORADO .. ) as• The foregoing instrument was acknowledged before son County of Denver ) this 24th day of November, 1992 by St. Vrain Ltd., a Joint Venture, by Richard Oceanico, Joint Venturer, and Frank Esacomanno, Joint Venturer - - • ^ • Witness my hand and official A�ill My insion empires /.- 'a . . .. . - rozAal PUBLIC 18 once _.. No.16. Rev. 1-85 , COLORADO 80202 -._ .__. . _._..._. 93011 • B 1360 EEC 02312511 11/30/92 16:33 $10.00 2/002 F 1647 b.ARY ANN FYFKRETE1N CLERK E RECORDER WELD CO, CC B 1363 REC 02315646 12/22/92 16:33 (10.00 2/002 F 1847 NARY ANN FEUERSTEIN CLERIC i RECORDER WELD CO, CO PARCEL 3: That portion of the E1/2 of the SE1/4 of said Section 9, more particularly described as follows: Beginning at the Southeast corner of said Section 9; thence along the South line of said SE1/4 of Section 9 South 99 degrees 12 minutes 54 seconds West 147.00 feet more or less to the Southeast corner of that certain tract of land described in Deed recorded in Book 1138, Page 293, records of said County; thence along the Easterly line of said described tract North 0 degrees 31 minutes 34 seconds East 375.00 feet more or less to the Northeast corner of said described tract; thence along the North line of said described tract South 89 degrees 12 minutes 54 seconds West 33.31 feet more or less to the East line of that certain parcel of land described in Deed recorded in Book 547, Reception No. 1468936, records of said County; thence along said East line North 2 degrees 07 minutes 06 seconds West 3.30 feet more or less to the Northeast corner of said described parcel; thence along the North line of said described parcel South 87 degrees 38 minutes 40 seconds West 120.23 feet more or less to the North line of said described tract recorded in Book 1138 at Page 293; thence along said North line South 89 degrees 12 minutes 54 seconds West 71.42 feet more or less to the Northwest corner of said described tract; thence along the West line of said described tract South 0 degrees 31 minutes 34 seconds West 1.96 feet more or less to said North line of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 minutes 40 seconds West 35.31 feet more or less to the Northwest corner of said described parcel; thence along the West line of said described parcel South 0 degrees 06 minutes 06 seconds East 372.00 feet more or less to said South line of the SE1/4 of Section 9; thence along said South line South 89 degrees 12 minutes 54 seconds West 928.59 feet more or less to the Southwest corner of said E1/2 of the SE1/4 of Section 9; thence along the West line of said E1/2 North 0 degrees 32 minutes 15 seconds East 2,672.83 feet more or less to the Northwest corner of said E1/2 of the SE1/4 of Section 9; • thence along the North line of said SE1/4 of Section 9 North 89 degrees ,T. 49 minutes 23 seconds East 863.95 feet more or less to a point from ___ --whencethe East=consest 467 o6 saidisectioe-. bears North 89 degrees 49 minutes 23 seconds E s Last )67:06- feast-��r•�•* .^... ... . ._ thence parallel with the East line of said SE1/4 of Section 9 South 0 • degrees 31 minutes 34 seconds West 728.64 feet; thence South 89 degrees 28 minutes 26 seconds East 467.03 feet more or less to a point on the East line of said 821/4 of Section 9 from whence _ said East Quarter corner of Section 9 bears North 0 degrees 31 minutes 34 seconds East 734.37 feet; thence along said East line South 0 degrees 31 minutes 34 seconds West 1,924.33 feet more or less to the Point of Beginning. Township 2 North, Range 68 West of the 6th P.11., County of Weld, State of Colorado. xcept ng and reserving, however, unto the Grantor all producing oil and gas as of August 10. 1992. Deed re-recorded to add Township and Range into legal description, which by mistake was omitted from first recording of deed. 9301c5 • ARc'3R51] •_ B 1360 REC 02312513 11/30/92 16:36 $25.00 1/005 - . F 1650 NARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO QUIT CLAIM DEED ruts DEED,Made this 24 day of November .19 92. benoxe I St. Vrain Ltd. a Joint venture ! I of the 'County of Adams and Sue of Colorado.gralloosI.and II Carl Borgstrom . N° "one legal*Mess is 820 Jefferson, Louisville, CO 80227•Q of the County of Boulder and State of Colorado,gaance(al • t narNESSETH.That the gnntwlsk fa and in consideration of de son of SW. and other good and valuable consideration DOLLARS de receipt and sufficiency of which is hereby acknowledged.has remised.Mensal.sold.commed and QUIT CLAIMED,and by these pomus do ea remise,skate.sen.coowy and QUIT CLAIM unto the gearneefsl his heirs,successors and assigns, Saint, all the right, title. Mmes..claim and demand which the gramals)has in and to the teal property.together with irpsoemenis,if any,situate.lying and being in the coemyaf Weld and State of II Colorado.described as follows: !! All of Grantors interest in all water, water rights, well, well 'I rights, ditch, ditch rights, reservoir, reservoir rights, water augmentation plans and/or agreements including but not limited to • 1 share of Smith 6 Emmons Ditch Co. and 2 shares Rural Ditch Stock appurtenant to the property as described on Exhibit "A" attached hereto ' . and incorporated herein by reference. 1 All of Grantors interest in all sand, gravel, cinder, gravel mining • - permits and licenses appurtenant to the property described on Exhibit "A" attached hereto and incorporated herein by reference. All of Grantors interest in all minerals, mineral rights, hydrocarbons, I I oil and gas appurtenant to the property described on Exhibit "A" attached hereto and incorporated herein by reference excepting and reserving, however, •unto the Grantor'all producing oil and gas as of August 10, 1992 also known by saes and number as: ,To HAVE AND TD HOW the an.topcther wed an and singular the appnmaeca ad pivikgea dimeunlu belonging a Is anywise deseumo appertaining,and all theatre.right.dtk.loftiest and claim whmsoesa Sidle grwalsk either in law orequity,to the only roper use.benefit and behod of the grates] his heirs sad assigns bear. IN WITNESS WH(E/RREEOF.The grraot(s)ha ye aecued this deer on die dale set forth abate. (!den)i - ftet:tep . . 1. �,, ,/ STATE OF COLORADO. �46 can.tyor 4"aw�✓ MIsy. The saes wns know/�Gye � a -' 1992 Q; My commission expires /irk .19%.'Maness my had and official seat;co'.,,• . ! 'If is Dower.insect'City and? II Ns.9d1 Pa MS. purr cunt am m,eedAwW..rants a..bs.Wtmm....aa,,,aabaa-140 .. 930 5 • • B 1360 REC 02312513 11/30/92 16:36 $25.00 2/005 F 1651 MARY ANN FEUERSTEIN CLERK t RECORDER WELD CO, CO "EXHIBIT A" - LEGAL DESCRIPTION Those portions of Section 9, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: PARCEL 1: That portion of the N91/4 of said Section 9 more particularly described as follows: Beginning at a point on the West line of said 1011/4 of Section 9 from whence the Northwest corner of said Section 9 bears North 0 degrees 12 minutes 52 seconds West 152.00 feet; thence South 68 degrees 27 minutes 52 seconds East 709.32 feet; 1 thence North 50 degrees 34 minutes East 297.62 feet; thence North 30 degrees 55 minutes 10 seconds East 171.75 feet, more or less, to the Southwesterly corner of that certain tract of land described in Deed recorded in Book 651, Reception No. 1573479, records of said County; said corner being on a curve to the left, a radial line passing through said corner bears South 0 degrees 08 minutes 18 seconds East, said curve having a radius of 11,580.00 feet and a central angle of 1 • degree 03 minutes 57 seconds; thence Easterly along the Southerly line of said described tract and arc of said curve 215.41 feet to a point on said curve, a radial line passing through said point bears South 1 degree 12 minutes 15 seconds East, (the chord of this arc bears North 89 degrees 19 minutes East, a distance of 215.0 feet); thence leaving said curve North 84 degrees 42 minutes 40 seconds East 281.82 feet; thence North 88 degrees 48 minutes 04 seconds East 1199.59 feet more or less to a point on the East line of said NW1/4 of Section 9 from whence the North Quarter corner of said Section 9 bears North 0 degrees 32 degrees 56 seconds East 74.44 feet;thence 2,509.48 1feeeetsaid mor ort line less to outh 0 degrees 32 the Southeast corner ofs 56 saidsNW1/4sest of Section 9; thence along the South line of said NWS/4 of Section 9 South 89degrees 49 minutes 23 seconds West 2,640.29 feet more or less to the West Quarter corner of said Section 9; thence along said West line of 2,387.93efeet/4 of Section 9 North 0 more or less to the Point o as 12 f • Beginning. • 9''0'18 B 1360 REC 02312513 11/30/92 16:36 $25.00 3/005 F 1652 MARY ANN FEUERSTEIN CLEAR i RECORDER WELD CO, CO PARCEL 2: That portion of the S1/2 of the NE1/4 of said Section 9 more particularly described as follows: Beginning at the Southwest corner of said NE1/4 of Section 9; thence along the West line of said NE1/4 North 0 degrees 32 minutes 56 seconds East 1,291.96 feet more or less to the Northwest corner of said 81/2 of the NE1/4 of Section 9; thence along the North line of said 81/2 North 89 degrees 18 minutes 15 seconds East 1,202.81 feet more or less to the Northwest corner of Parcel 4 as herein described; thence along the West line of said Parcel 4 and parallel with the East line of said NE1/4 of Section 9 South 0 degrees 31 minutes 47 seconds West 1,302.84 feet more or less to the South line of said NE1/4 of Section 9; thence along said South line South 89 degrees 49 minutes 23 seconds West 1,203.06 feet more or less to the Point of Beginning. I 900,415 0 1360 REC 02312513 11/30/92 16:36 $25.00 4/005 F 1653 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO PARCEL 3: That portion of the E1/2 of the SE1/4 of said Section 9, more particularly described as follows: • Beginning at the Southeast corner of said Section 9; 12 minutes thg the South line of ence i l ofSection 4 seconds West 147.00feetmoreorless ees to the S Sout 9 South 89 heast corner of that certain tract of land described in Deed recorded in Book 1138, Page 293, records of said County; thence log the inutesa34nseconds East'375.00 feet amoreid eorrless toibed athe Northeast ct North 0 gc l corner of said described tract; thence along the North line of said described tract South 89 degrees 12 minutes 54 seconds West 33.31 feet more or less the East line of at . certain parcel of land described in Deed o recorded Book 547, Reception . No. 1468936, records of said County; • thence along said East line North 2 degrees 07 minutes 06 seconds West 3.30 feet more or less to the Northeast corner of said described parcel; thence along the o minutes 40 se ondsWesdescribed parcel degrees 38 West 120.23 feet moreorl sstothe North line of said described tract recorded in Book 1138 Page a minutes 54 seconds West thence along said North line South 89 degra ■ 171.42 feet more or less to the Northwest corner of said described tract;thence log the Wst ed inutesa 34nse ondseWestil 96 feet dmor orblessrtotsaid North South 0 e line grees t of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 minutes 40 seconds West 35.31 feet more or less to the Northwest corner said described dep .parcel; thence along the West line of said described parcel South minutes 06 seconds East 372.00 feet more or less to said South line of the SE1/4 of Section 9; 12 minutes 54 seconds West thence along said South line South 89 degrees 928.59 feet more or less to the Southwest corner of said E1/2 of the SE1/4 of Section 9; 32 minutes 15 thence along the West line of said E1/2 North 0 degrees seconds East 2,672.83 feet more or less to the Northwest corner of said E1/1 of the SE1/4 of Section 9; theAte along the North line of said SE1/4 of Section 9 North 89 degrees 49 minutes 23 seconds East 863.95 feet More or less to a point from whence the East Quarter corner of said Section 9 bears North 89 degrees . 49 minutes 23 seconds East 467.06 feet; thence parallel with 34 seconds West 728.64 feet said p4 of Section 9 South 0 degrees 31 minutes thence South 89 degrees 28 minutes 26 seconds East 467.03 feet more or less to a point on the East line of said SE1/4 of Section 9 from whence said East Quarter corner of Section 9 bears North 0 degrees 31 minutes 34 seconds East 734.37 feet; 1,924.331 said Point uth 0 rofaBeginning 31 s 34 seconds West Excepting and reserving, however, unto the Grantor all producing oil and gas as ./,{ of August 10, 1992. 930165 • . F' B 1360 REC 02312513 11/30/92 16:36 $25.00 5/005 F 1654 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO PARCEL 4: That portion of the S1/2 of the NE1/4 of Section 9, more particularly described as follows: Beginning at the East Quarter corner of said Section 9; thence along the East line of said NE1/4 of Section 9 North 0 degrees 31 minutes 47 seconds East 304.13 feet; thence South 87 degrees 27 minutes 04 seconds West 30.04 feet to a point on the West right of way line of County Road 7, said point being the True • Point of Beginning; • thence South 87 degrees 27 minutes 04 seconds West 437.66 feet; thence parallel with said East line of the NE1/4 of Section 9 South 0 degrees 31 minutes 47 seconds West 284.77 feet more or less to the South line of said NE1/4 of Section 9; thence along said South line South 89 degrees 49 minutes 23 seconds West 991.90 feet more or less to the Southeast corner of Parcel 2 as herein described; thence along the East line of said Parcel 2 and parallel with said East line of the NE1/4 of Section 9 North 0 degrees 31 minutes 47 seconds East 1302.84 feet more or less to the North line of said S1/2 of the NE1/4 of Section 9; thence along said North line North 89 degrees 18 minutes 15 seconds East 1,429.18 feet more or less to a point on said West right of way line of County Road 7 from whence the Northeast corner of said S1/2 of the NE1/4 of Section 9 bears North 89 degrees 18 minutes 15 seconds East 30.00 feet; thence along said West right of way line and parallel with said East line of the NE1/4 of Section 9 South 0 degrees 31 minutes 47 seconds West • 1,012.90 feet more or less to the True Point of Beginning. • ,I 9301+ 5 R 1360 FEC 02312517 )1/30/92 16:38 $10.00 1/002 i �z3y2SII F 1667 MARY ANN FEDERSTEIN CL£RE 6 RECORDER WELD CO, CO AR231Sbl9 SPECIAL WARRANTY DEED THIS DEED, Made this 24th day of loveaber, 1992 between Carl Bergstrom ATE of the County of Boulder and State of Colorado, grantor,and ST DOCUMENTARY FEE TARY Timothy P. Palermo Date 30144 $ /(r) (r 7 whose legal address is 3715 Brighton Blvd., Denver, Colorado 80216 of the County of Denver and State of Colorado, grantees: wtTlRfaiTE that the grantor(s) for and is consideration of the sum of On HUNDRED E III noon= RtR NUNDR ) AID 000/100, (6104,500.00) Dollars, the receipt and IN sufficiency of which is hereby acknowledged, has granted, bargained, sold and vs conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the tD- �panr tee((ass)t, his heirs and assigns forever, all real property, together with i any, being County of Weld and State of Co redo, deecribed as fo lowe SEE EXHIBIT •A' ATTACHED HERETO AND WADE A PART HEREOF B 1363 REC 02315649 12/22/92 16:34 *10.00 1/002 F 1852 MART ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO also known by street and number as Vacant Land, weld County, Colorado TOOilffi with all and startler the hereditaments and appurtenances thereto belonging, or la anywise appertaining, and the reversion and reversions, remainder and remainders, rats, issues and profits thereof) and all the estate, right, title, interest, claim and dread whatsoever of the gtutor(s), either im law or equity, of in and to the above bargained praises, with the hereditament* and appurtenances; pperTtOe meBAscVVEEe AND TO N0LO the said praises above bargained and described with _ ehLs m�*irm and unto the grantse(e), his heirs and assign forever. The grantor(s),ad for - hhee shall and will KUMARrAWDroa representatives u e above-bargained successors, does es inn the agree and peaceable posses,iee of the grantee(s), his heirs andand on assigns, against all every pers e Persons ng the wbela or any part thereof, by, through or under t EN wlTltli , the grantor(*) has execs this deed on e da gt forth above. g '.7e#^^' 2 r` is:'v-! •.:. .,: - Carle Patters* f his above. . __ ttorner ion'faot `Fti °,# { :.;a: H'^'T'�'^"= w�iiMiNr�WaYmwwwidwni .::.,.«. . -..,2- . ':.wH:• STATE OP COLORADO ) ) sm. The foregoing instrument was acknowledged before me County of Denver ) this 24th day of November, 1992 by Carl Borgetroe, by James Patterson, his attorney in fact witness my hand and official seal • My emiseion expire. .—/-/O-Y4 - • • 1 NOTARY PUBLIC ":1 800 nee -. No.16. Rev. 3-85 Denver, COLORADO 80202 _ _ -- - a:;re.e.:�t...yo-.�., r.-. r.c .. ---at..... ..s s-r era•a...-.:._c•.�w.-a...:..w».............._.".. .,:.. .....�.rsr. 930 y „: , . F 1360 REC 02312517 11/30/92 16:38 $10.00 2/002 F 1668 MARY ANN FEUERSTEIN CLERK I. RECORDER WELD CO, CO B 1363 REC 02315649 12/22/92 16:34 $10.00 2/002 P 1853 MARY ANN PEDERSTEIN CLERK G RECORDER WELD CO, CO PARCEL 3: That portion of the E1/2 of the SE1/4 of said Section 9, more particularly described as follows: Beginning at the Southeast corner of said Section 9; thence along the South line of said SE1/4 of Section 9 South 89 degrees 12 minutes 54 seconds West 147.00 feet more or less to the Southeast corner of that certain tract of land described in Deed recorded in Book 1138, Page 293, records of said County; thence along the Easterly line of said described tract North 0 degrees 31 minutes 34 seconds East 375.00 feet more or less to the Northeast corner of said described tract; thence along the North line of said described tract South 89 degrees 12 minutes 54 seconds West 33.31 feet more or less to the East line of that certain parcel of land described in Deed recorded in Book 547, Reception No. 1468936, records of said County; thence along said East line North 2 degrees 07 minutes 06 seconds West 3.30 feet more or less to the Northeast corner of said described parcel; thence along the North line of said described parcel South 87 degrees 38 minutes 40 seconds West 120.23 feet more or less to the North line of said described tract recorded in Book 1138 at Page 293; thence along said North line South 89 degrees 12 minutes 54 seconds West 71.42 feet more or less to the Northwest corner of said described tract; thence along the West line of said described tract South 0 degrees 31 minutes 34 seconds West 1.96 feet more or less to said North line of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 minutes 40 seconds West 35.31 feet more or less to the Northwest corner of said described parcel; thence along the West line of said described parcel South 0 degrees 06 minutes 06 seconds Bast 372.00 feet more or lass to said South line of the SE1/4 of Section 9; thence along said South line South 89 degrees 12 minutes 54 seconds West 928.59 feet more or less to the Southwest corner of said E1/2 of the SE1/4 of Section 9; thence along the West line of said E1/2 North 0 degrees 32 minutes 15 seconds Bast 2,672.83 feet more or less to the Northwest corner of said E1/2 of the SE1/4 of Section 9; thence along the North line of said SE1/4 of Section 9 North 89 degrees 49 minutes .23_saconds East 863.95 feet more or.less to a point from ` 9'whence the:EastMuarter"corner.ofsaid Sectionbe 9 arf-North B9'degrees 49 minutes 23 seconds East 467.06 feet; - thence parallel with the East line of said SE1/4 of Section 9 South 0 degrees 31 minutes 34 seconds West 728.64 feet; thence South 89 degrees 28 minutes 26 seconds East 467.03 feet more or less to a point on the East line of said SE1/4 of Section 9 from whence said East Quarter corner of Section 9 hears North 0 degrees 31 minutes 34 seconds East 734.37 feet; thence' along said East line South 0 degrees 31 minutes 34 seconds West 1,924.33 feet more or less to the Point of Beginning. Township 2 North, Range 68 West of the Eth P.M. , County of Weld, State of Colorado. Deed re-recorded to add Township and Rarge into legal description, which by mistake was omitted from firs t recording of deed. A 'Lane g$ • • - • IL__ P 1860 MARY ANN FEUERSTEIN CLERIC L RECORDER B 1363 REC 02315652 12/22/92 16:35 110.00 1/002 AR231 5652 • • ' WELD CO, CO • ' QUIT CLAIM DEED • 11IIS DEED,Made et 24 dry of November ,It 92. •: bemmea Carl Borgetrom • des - Taney of Boulder and Suu of - !." Colorado.grmsot(l and Timothy F. Palermo • wham legal addles Y 3715 Brighton Blvd., Denver CO 80216 • • rise City L Coatyd Denver and Store of Colorado,grmke(tl WITIIESSEII4.TW de grsrabl brad la eomidmdoo of du sore d 110.00 and other good end valuable consideration DOLLARS '• Ss ma*as.adkaragd Sick m deny s[Iaaekdgd.be■ writhed.Mused,mod,conveyed end QUIT CLAIMED,end by as poser M me sew roa at cony and QUIT CLAIM WIN M gasseM. his MN,saaaw and.rigs, j. bens ad dee right•dee.Serest.eta sed demand drub h paasr(s)bee Y and b dm real property,Ispeba no kapemmau.Ifs".emsm.Iykg sadbek$Yde Camyd Weld al Sure of t- Cabinda.&sorbed as keen ' All of Grantors interest in all eater, water rights, well, well �,. rights, ditch, ditch rights, reservoir, reservoir rights, water augmentation plans and/or agreements including but not limited to 1 share of Smith & Deeotea Ditch Co. and 2 shares Rural Ditch Stock ` appurtenant to the property as described on Exhibit "A" attached hereto r end incorporated herein by,reference. ;1 All of Grantors interest in all sand, gravel, cinder, gravel mining _ Permits and licensee appurtenant to the property described on Exhibit A" attached hereto and incorporated herein by reference. All of Grantors interest in all minerals, mineral rights, hydrocarbons, 1: oil and gas appurtenant to the property described on Exhibit "A" attached q: hereto and incorporated herein by reference excepting' and'reserving, I. • however...unto the Grantor'all producing oil and gas as of ��„ August 10. 1992 - i,_ a Imes seem ad weber is Imes y .t.4 10NAVl ANDTONCND Oa is.WS.,'Mill teed simpler dee appnneacu and prlvlleM draw basgkg a be • • iambs rb . • .aaaa aMM appe .ad all asrs right the lames.lam and Sin w4 sosam der pasapl abhor la is a s ashy. F W*sty props sea,barb sod bast ds a enees held a s pl his d marl loser E _ _ ' x r.- ,• Ihrytt ll, gr.rs(YMVaesecusd,tie!Sled?the is w ball abase.; rotip. . ;F . +4.1-.7 c " .. -., _ • ,e 3,N.;.xt„w.A.ki ?,nw.•y rs. ..� .a-n.�n:-.a.a-' - .i.,. A ..cam,.. J ' _p . ,b it i ': . :I lti STATE OFCOIDRAe4 - - t. Ca.syd se. .. A. fle4a elaguwm.a�ee .rkas idgedlefwerah J1 'dry&. /Ya✓.•`/YES -e_ .097 2--n. it y GA¢ iS.46 sr,e.y 'a My asasselem melba /2j46i73'!� ,19 % ass ray d and*Molar seal. !'ir • 292D a bssa t �� 7 e i F: m ! 40010110 r' I i • grim Damn.lawn<xy meLI y if .1 Na.af.Paws °arcuate= 930165 `• `, item Y sac- c ♦a.L�....win 5'J..f.. y.,... ... _. .. .'...ft B 1363 REC 02315652 12/22/92 16:35 ;10.00 2002 P 1861 MARY ANN TEOERSTEIN CLERK g RECORDER WELD CO, CO PARCEL 3: That portion of the E1/2 of the SE1/4 of said Section 9, sore particularly described as follows: Beginning at the Southeast corner of said Section 9; thence along the South line of said 881/4 of Section 9 South 89 degrees 12 sinutes 54 seconds West 147.00 feet more or less to the Southeast • corner of that certain tract of land described in Deed recorded in Book 1138, Page 293, records of said County; thence alog the sinutes 34n seconds aEast'375.00 feet amore id eorrless toibed athe Northeast ct North 0 gc 1 corner of said described tract; thence along the North line of said described tract South 89 degrees 12 sinutes 54 seconds West 33.31 feet sore or less to the East line of that certain parcel of land described in Deed recorded in Book 547, Reception No. 1468936, records of said County; 07 sinutes 06 seconds West thence along said East line North 2 degrees 3.30 feet more or less to the Northeast corner of said described parcel; thence sinutesa4O econdsoWestlino of said l O.23 feet more orelessrtoltheuth 87 North lineees of 34 said described tract recorded in Book 1138 at Page 293; thence42 feetn more lord Nless toorth n the e oNorthwest uth 89 gcorn r ofrees 12 said nutes 54 seconds said described tract; thence along the West line of said described tract South 0 degrees 31 sinutes 34 seconds West 1.96 feet more or less to said North line of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 sinutes 40 seconds West 35.31 feet sore or less to the Northwest corner of said scribed ribed p rcel thence along the West lino of said described parcel South sinutes 06 seconds East 372.00 feet more or less to said South line of the SE1/4 of Section 97 12 minutes 54 seconds West thence along said South line South 89 degrees 928.59 feet more or less to the Southwest corner of said 81/2 of the 881/4 of Section 9; thence along the West line of said 81/2 North 0 degrees 32 sinutes 15 I seconds East 2,672.83 feet sore or less to the Northwest corner of said 81/4 of the 881/4 of section 9; thence alongathe North.line of Section 9 North 89 degrees yeeae,49 minutes2i-seconds-East' ',$63.95"teet4sorehrless tote point<tros h whence the EasQseconds Es corpst 67.of;said'Be0tiat 9 bears-.Worth a9=,degrees thence parallel with the East lino of said 881/4 of Section 9 South 0 degrees 31 sinutes 34 seconds West 728.64 feet; thence South 89 degrees 28 sinutes26 seconds East 467.03 feet more or - -- less to a point on the East line of said SE1/4 of Section 9 from whence said East Quarter corner of Section 9 bears North 0 degrees 31 sinutes _ ... seconds East 734 37 feet; - thenceJalong more said Eastllins so South thh 0odegrees 31 B31i inngss 34 seconds West 1Township 2 North, Range 68 West of the 6th P.M., County of Weld,• State of Colorado Excepting anti fog, however, unto the Grantor all producing oil and gas as of August 10. 1992. a._. :z .. 9-30 . . t �k-�.i "' 4� yk -c2; 1E�,'',P^y xr!P,.k'tu ..ax ,S �t,�� '.d�k F . i .:At' ,i�} t 3 i$-.s " x r o 'TT t''` 1 mil' sw�i ys r:, � fr 4 5/ 2- .ry '',j'1' i; took 704 Recorded at i a ' o'clock....BM I:IE C 11 1713 V ' �� - t°y r .'� Reception No 1626324 NM Dome Recorder. • v ,4 t}R `/ RECORDER'S STAMP Y fr if I 0. {ri s THIS DEED, Made this 30th ,day of November 1 Slate Doctmentory Fee a i 19 73 ,between ARTHUR KOLDEWAY, as trustee, 4, x Dale.. DEC 11 an I f c e q, , „� of the County of Latimer and State of 2, . . £o 1112.;‘ No Colorado,of the first part,and e 3 , -0-, nr ST. VRAIN LTD. , a Joint Venture:11 ��y of the City and s? ,o County of Denver and State of Colorado,of the second part; c 1' F'c- o WITNESSETH,That the said party of the first part,for and in consideration of the sum of 0 go •=d' .= Ten and No/100ths -DOLLARS 0 r i Fir and other good and valuable considerations 'd "' to the said part y of the first "'earsi - r ' J part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed, 410 ec.f and by these presents do es grant,bargain,sell,convey and confirm unto the said party of the II successors ucc cessors 4 yy second part, its/bet and assigns forever,all the following described lots or parcel s of land, h } t,, Fr nu it ji site situate,lying and being in the County of Weld and State of Colorado, IlII ''1`Y' to•wit: Those portions of Section 9, Towns:tip 2 North, flange 68 r rA k F West of the Sixth Principal Meridian, in the County of Weld, State 1 of Colorado, more particularly described as follows: 2i �p ' 1 'a ° t`' Bearings based on true meridian: PARCEL 1 I�i i g r G' 4 Ix 44 That portion of the Northwest Quarter of said Section 9 more parti (..3 cularly described as follows: BeginningP 8 at a point on the West line of said Northwest Quarter �"3 of Section 9 from whence the Northwest corner of said Section x si 9 bears North 1°12'52" West 152.00 feet , thence South 68°27'52" _ u `1 East 709.32 feet; thence North 5n°34' East 297.62 feet, thence «t . aF'' , .4 North 30°55'10" Last 171. %5 fc_t, bore or less, to the Southwester corner of that cert°in trart of land described in Deed recorded f eh in Book 651, Reception I,o. 1573479, records of said County; said ' 4 q corner being on a curve to the left, a radial lino passing th:ourh �. th'. t N, said corner bears South 0°08'18" Fast, said curve having a radius ht, ''' e -t. along the Southerlyof 11,580.00 feet nd a linecoftral saidangle of described°03'57";tract andhence arc of saidfh 1 Yr �l rl curve 215.41 feet to a point on said curve, a radial line passing I through said point bears South 1°12'15" East, (the chord of this,,: arc bears North 89°19' East, a distance of 215.0 feet;) thence leaving said curve North 84°42'40" East 281.82 feet; thence North 88°48'04" East 1199.59 feet more or less to a point on. the Eas: �, line of said Northwest Quarter of Section 9 from whence the North .c : '.' Quarter corner of said Section 9 bears North 0°32'56" last 74.44 , �,*!, ae, i feet; thence along said East line South 0°32'56" West 2,509.4E feet more or less to the Southeast corner of said Northwest Quarts { l of Section 9; thence along the South line of said Northwest Quarte IY I .ta". t` „N' of Section 9 South 89°49'23" West 2,640.29 feet more or less to ray 0 ' the West Quarter corner of said Section 9; thence along said West 4 Jq, line of the Northwest Quarter of Section 9 North 0°12'52" West 2,3R7.13 feet more or less to the PONT or BEGINNING. ,d 1� , * si ',` I a " __ ' k1+ . Na MIL WARRANT!aaID.—a.YfN hY a Ycomaa coma IgLN Moot SOM.DAN,Wanda- MS 1 930 65 1 ."' �t ::[cur `,'rr",'. fi •s< `s,, ,<.•.: .-...n . .,..:: .. .,.:mns�melmnre^.a.:°.........e.,.m.._...._.____ � � .. _ # N rM C.fiM •Atrp y," A F Y (4.1t r. • 1 • crftA '! sacs `704 F' 1626324 y,y i t L 1 ,1" :I PARCEL. 2 1-; dx That portion of the South half of the Northeast Quarter rf said Section 9 morn• particularly 1 yv des[rib described as follows: i IBeginning a[ [he Southwest corner of said Northeast _ ' Section 9; thence along the West line of said heast ascrtuarter I North 0'72'56" East 1,291.96 feet more or less to the Northwest I corner of eafrl South half of the Northeast Quarter of Section 9 o thence along the North line of said South half North 89°18'15" em II i � s* East 1,202.81 feet more or less to the Northwest corner of Parcel •r CD 4 as herein described; thence along the West line of said Parcel 4 and parallel with the test line of said Northeast Quarter of '! f Section 9 South 0°31'47" West 1,302.84 feet more or less to the ! South line of said Northeast Quarter of Section 9: thence sloop A said South line South 89°49'23" West 1,203.06 feet more or less ,� to the POINT OF BEGINNING. a '''''''"'- PARCEL 3 • ,t That portion of the East half of the Southeast Quarter of said '] co . Section 9 more particularly described as follows: - a ao! o • Beginning at the Southeast corner of said Section 9: thence along /s o 1 the South line of said Southeast Quarter of Section 9 South 89°12'5 " S. 0 West 147.00 feet more or lees to the Southeast corner of that n e certain tract of land described in Deed recorded in Boo: 1138, P f. f Page 293, records of said County; thence along the Easterly line of said described tract North 0°31'34" East 375.00 feet more or +e 7 c-; less to the Northeast corner of said described tract; thence along r}., the North line of said described tract South 89°12'54" West 33.31 d. I — - • feet more or less to the East line of that certain parcel of land 1. _1 described in Deed recorded in Rook 547, Reception No. 1466936, - 2� ;;" w II A records of said County; thence along said East line North 2.07'06" '! d m , , West 3,30 feet more or less to the Northeast corner of said des- jA cribed parcel; thence along the North line of said described parcel " o L South 87°38'40" West 120.23 feet more or less to the North line of said described tract recorded in Boot: 1138. Pape 293; thence ' along said North line South 89°12'54'• West 71,42 feet more or less �. p s' tc 4 - to the Northwest corner of said decribed tract; thence along the i West line of said described tract South 0°31'34" West 1.96 feet •w+ - aura or less Receptionto said North line of described parcel recorded in .1 t Book 547, No. 1468936; thence along said North line South ! 0 87°38'40" West 35.31 feet more or less to the Northwest corner -, of said described parcel; thence along the Wesc line of said des- 3s s, { cribed parcel South 6" East 372.00 feet more or les: to said ti South line of the Southeast Quarter eF Section 9; thence along s said South line South 89°12'54" West 928.59 feet more or less to )'I the Southwest corner of said East half of the Southeast Quarter Sinr' TO( of Section 9• thence along the West line of said East half North ! ' n 0°32'15" East 2,672,83 feet more or less to the Northwest corner i- - Pat s-' 4 of Said Eatt half of the Southeast Quarter of Section 9; thence ' - 1 ""'" - e, along the North line of said Southeast Quarter of Section 9 North - 1:,,, i d Sr • r 89°49'23" East 363.95 feet more or less to a point from whence ... the East Quarter corner of sa" Section 9 bears North 89°49'23" v+ East 46.,06 feet; thence parallel with the East line of said South- .4 €t ,- o" y east Quarter of Section , South 0°31'34" West 728.64 feet; thence ahr• South 89°28'26" East 467.03 feet more or less to a point on the 4 - feet; sf rrr 'rot ,h 'y ,- East line of said Southeast Quarter of Section 9 from whence said ,° East Quarter corner of Section 9 bears North 0°31 34" East 734.37 1�j . ioh • feet; thence along said East line South 0°31'34" West 1,924.33 r, feet more or less to the POINT OF BEGINNING. q5 - ° "" PARCEL 4 141 }-.b. 1^•i:. That portion of the South half of the Northeast Quarter of Section �y,s S1 9 more particularly described as fol'owa: ,q e Beginning at the East Quarter corner cf sail Section 9; thence r .71 e 1- along the East line of said Northeast Quarter of Section 9 North ag ' 0°31'47" East 304.13 feet; thence Sot lh 87°27'04" West 30.04 feet $ ! 1 Ir - to a point on the West right-of-way lee of County Road 7 said PA y7 "' i point being the TRUE POINT OF BEGINNII:3; thence South 87" 27'04" :?! West 437.66 feet; thence parallel withsaid East line of the North- i „ _f"° east Quarter of Section 9 South 0°311.7" .Went 284.]7 feet more • 1 _ • or less to the South line of said Northeast Quarter of Section 9; i •" thence along said South line South 89°49'23" West 991.90 feet more I. or less to the Southeast corner of Parcel 2 as herein described; d"� ' thence along the East line of said Parcel 2 and parallel with said _ d'a East line of the Northeast Quarter of Section 9 North 0°31'47' - East 1302.84 feet more or less to the North line of said South fit! half of the Northeast Quarter of Section 9; thence along said North a , • line North 89'18'15" East 1,429.18 feet more or less to a point • of said West right-of-way line of County Road 7 from whence the x rt3` -�, Northeast corner of said South half of the Northeast Quarter of is ^.i ir'y Section 9 bears North 89°18'15" East 30.00 feet; thence along said II s5 r West right-of-way line and parallel with said East line of the ¢ wa Northeast Quarter of Section 9 South 0'.1l14/" West 1.012.93 a \` e. k '• more or lees to the TRUE POINT OF BEGINNING. T tx "� a p•'., s TOGP.TIIF.R WITH one share of the capital stock of the hair aol Eaen•: L.xF ! '" �,T Ditch Company and one and three-fourths shares of !.hr contra! stock }, 1j x mi of the Rural Ditch Company. ar ' j1w ° A. �`. ..�!�' TOfF.TI:F.R WITH all oil, pas, coal, owl oth,r nine r:,1'� !> Fit;a i�a +f, "' the above described real property. + l Mk t y`. 47 7 :(444-4.,,: Ty m f�� pill. • 4F • f4¢ rn t Ys k. . 1 . 5"' 3• j i, I ,;f .. . t Y r. { I i i y c`*-i.' r . 1625324 - A$ g y t -$ TOr RTHEA with all and singular the hereditaments and appurtenances thereunto belonging,ot� t [[r�.4: in anywise appertaining,and the reversion and reversions, remainder and remainders,rents, Issas • S 4 Y„ t ''•, and profits ebereof;and all the estate,right,title,interest,clean and demand whatsoever,of the said `* � 41 t a part y of the first pert either:a law or equity,of,in and to the above bargained premises,with $ 4 the hereditament;and appurtenances. - �• TO HAVE AND TO HOLD the said premises above bargained and described,with the appurte- *`e° nances unto St. Vrein Ltd., a Joint Venture succeasors ,l ,, •I; the said part y of the second part,its CIA and assigns forever. tl s i . And the said + { Arthur T. Koldeway, as trustee, party of the first pert, 1; successors and assigns for his sel f hi /do es covenant,grant,bargain and agree of 'd, 1 successors - 2 • to and with the said party of the second part, its klttidand assigns,that at the time of the s { ! ensealing and delivery of these presents he is well seized of the premises above con- '''./I 1. 4 veyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance in law,in fee simple, _ ;tair and ha s good right,full power and lawful authority to grant,bargain,sell and convey the same in • ii -I H Pmanner and form aforesaid,and that the same arc free and clear from all former and other grants. 1 i bargains,sales,liens.taxes,assessments and ineumbrances of whatever kind or nature amuse., I i 1 ti r rP S [x u+v`L i t ' S y r5 :,^ . . . of.. s.... .... _ . . .... _� a-- ::__:. : '''rfi !y. y'' rvY , ty n I " N f I 3t I y ' ] soar 704 1626324 I'll rei , p " a 5" EXCEPT oil and gas leases of record, and except the terms of the fir { sit reservation of oil, gas, coal, and other minerals as contained ' s' k ;it I In Deed recorded November 12, 1959 in Book 1.544, at Page 239, Weld tv . County, Colorado records. `, Ili -':1$ AND EXCEPT right of way for roadway purposes 60 feet in width I! < over and across the said Parcel 3, the center line of which right rr m t of way is a line located and described as follows, to wit: o It i - qBeginning at the East Quarter corner of said Section 9, thence 4• 1 South South 89 89 49 23' West. 1331.01 feet to the Northwest corner of said ,,Z Parcel 3; thence South 0°32'15" West 59.96 feet to a point on the ? Iit --• West line of said Parcel 3, and the point of he8in513 of said ' ' center line of said right of way; thence South 8A°°51'30" East a distance of 771.38 feet; thence South 80°42'16" East a distance of 566.20 feet to a point on the East line of said Southeast Y. r Quarter of said Section 9 from whence the said East quarter corner , bears North 0°31'34" East a distance of 170.90 feet. • and the above bargained premises in "I • successore the quiet and peaceable possession of the said party of the second part, i is lwktand assigns, t [ against alland every person or persona lawfully claiming or to claim the whole or any part thereof, ° Iv the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. •, - n' IN WITNESS WHEREOF.Tne said party of the first part ha 5 hereunto set hi s hand and seal the day and year first above written." � ^ • SIPS.Sated ma Deflnred in Presents W „�.selrati. /��s p....at.:C.a. [SEAL] :i .. . ARTHUR KOLDEWAY, as Trustee SA ] r [ .._.._. _._ [SEEALL] i C • [SEAL] A STATE OF COLORADO, { • I City.& County of Denver ew '1 The foregoinginstrument was acknowledged day of {' before me this 30th November • rP 19 73 ,by Arthur Kr:ldeway, as Trustee ( . My commission expires / c_c) c; ' i" d'.',. — .'' seal. Witness my hand and official Y 4 .r .h. .7O Ma e.ia°'.";ri..r::...,".u..<.."n ri"". "". u......rM ni...v,".e $$$�` w(( N' 7 1301.135 • � i , a ri y� ��`�„✓ 'lam. �'�"n tk b*sb+.*Q`pt";�� c � krt.A. 4n• 1 f 1 j + r4 3 iy f cr �C -- .r.„.44,..,,,..-rs t t;t I F i A '' WEL COUNTY, COLORADO r....r t,epartmentof Planning Services . - 915 10th Street Greeley, Colorado 80631 I ' yy' // 1993 RECEIPT N9 18928 DATE /��/ ;, RECEIVED FROM dL24'�y ` '�-- 1 TYPE FEE ACCT no. NO. 1. I 0110143216 COZ 0110143216 USR 01101432/6 ZPMH/MHZP/ZPAD (a� .go7 011014321E s' 0110143216 SUB 0110143216 FHDP/GHDP 0110143216 BOA 0110143216 INVEST. FEE 0110143215 MAPS/PUB. 1e3\-- ,, 0110143215 POST.&HAND. 0/ ri CASH pCHECK El M.O. ///W BY � 'X5,GiC.../i7—en/`.4C�°e�� TOTAL CUSTOMER COPY Pi .I 1 3/4^k' ttuti 1 l�J . 1 t If 930 . .��ol 1 Y .`�.� '....0:,.‘,..,,,..,.,,.. i• eye 1 In mill Land Sury ying -Registered in Colorado d Wyoming 1301 N. Cleveland Ave. • Loveland, Colorado 80537 (303) 669-0516 PROPERTY DESCRIPTION: That portion of the E% of the SE's of said Section 9, more particularly described as follows: Beginning at the Southeast corner of said Section 9; thence along the South line of said SE's of Section 9 South 89 degrees 12 minutes 54 seconds West 147 .00 feet more or less to the Southeast corner of that certain tract of land described in Deed recorded in Book 1138 , Page 293, records of said County; thence along the Easterly line of said described tract North 0 degrees 31 minutes 34 seconds East 375.00 feet more or less to the Northeast corner of said described tract; thence along the North line of said described tract South 89 degrees 12 minutes 54 seconds West 33.31 feet more or less to the East line of that certain parcel of land described in Deed recorded in Book 547, Reception No. 1468936 , records of said County; thence along said East line North 2 degrees O7 minutes O6 seconds West 3.30 feet more or less to the Northeast corner of said described parcel ; thence along the North line of said described parcel South 87 degrees 38 minutes 4O seconds West 120.23 feet more or less to the North line of said described tract recorded in Book 1138 at Page 293; thence along said North line South 89 degrees 12 minutes 54 seconds West 71 .42 feet more or less to the Northwest corner of said described tract ; thence along the West line of said described tract South O degrees 31 minutes 34 seconds West 1 .96 feet more or less to said North line of described parcel recorded in Book 547, Reception No. 1468936; thence along said North line South 87 degrees 38 minutes 4O seconds West 35.31 feet more or less to the Northwest corner of said described parcel; thence along the West line of said described parcel South O degrees O6 minutes O6 seconds East 372.00 feet more or less to said South line of the SEt of Section 9; thence along said South line South 89 degrees 12 minutes 54 seconds West 928.59 feet more or less to :the Southwest corner of said E4 of the SEt of Section 9; thence along the West line of said E8 North O degrees 32 minutes 15 seconds East 2 ,672.83 feet more or less to the Northwest corner of said Ek of the SEt of Section 9; thence along the North line of said SEt of Section 9 North 89 degrees 49 minutes 23 seconds East 863.95 feet more or less to a point from whence the East Quarter corner of said Section 9 bears North 89 degrees 49 minutes 23 seconds East 467.06 feet ; thence parallel with the East line of said SEt of Section 9 South O degrees 31 minutes 34 seconds West 72.8.64 feet; thence South 89 degrees 28 minutes 26 seconds East 467.03 feet more or less to a point on the East line of said SEt of Section 9 from whence said East Quarter corner of Section 9 bears North O degrees 31 minutes 34 seconds East 734.37 feet ; thence along said East line South O degrees 31 minutes 34 seconds West 1,924.33 feet more or less to the Point of Beginning. Said parcel. contains 71.39± Acres and is subject to all existing easements and/or rights of way of record. 930?! 5 • IIntenni!! Land Sur _ eying • -flegislered'In Colorado&WyomIng • tilitNt 1301 N. Cleveland Ave. *' '441, p+ Loveland. Colorado 80537 _ ,r V,: . m. _ P03) 669-0510 / ' •7 \_ Weld County Department of Planning Services . 915 10th Street Greeley , CO 80641 RE: Recorded Exemption situate in the El of the SL's of Section • 9, T2N, R68W. ' To Whom it Hay Concern: The purpose of dividing this property is to create two buildable sites adjacent to a reclaimable lake being a product of a mined gravel pit . The proposal is consistent with the policies of the Weld County Comprehensive Plan in that the uses and nature of the land will not be changed by this process. However, it is evident that the appearance of the land will be enhanced greatly due to the history of the subject property being a gravel pit . The land is • now zoned agricultural and shall remain a primary agriculture use, thus insuring the proposal is consistent with the intent of the zone district in which the property is located. The uses permitted will be compatible with the future development of the surrounding area as permitted by the existing zone - and with future development as projected by the comprehensive plan of tine County . Uses that will be m tte Ze Iin a d limOrdite t o those nance which permitted by the County Agriculture includes crop, pasture and limited animal husbandry. These uses g aare cmtible re alosotapresentlyLlengaged the exist sar a aforementioned ng nnn d uses as they uses. This proposal will not be inconsistent with the efficient and orderly development as nothing will change except ownership of property. The sewage disposal method will be on-lot septic system. • The domestic water will be a-well on the subject property. The property under consideration does liein a flood ood plain,Zone in, Zone , A area but does not lie in a geological Airport Overlay District . • • 930765 •f,.,31,* '.1��••M{�. '=}2'Y f,,to .{}'rte• • ► :i.. 4.. .i v Y; • {{V_• .!1!•yF� :dam+. r� �7 tt'.)J'o „` ,� '• i ,;"Iti ' r F S�,'i 1 T t. r;.ate: ,y y ▪ t 7 t: ,iii •9..1• ••-';•'.e. 1 3 ': , .,..•>t'••. ,. ••a t F.) -ol .•" .g.• -+''- x !'r.ia'ti v, q .t'ka t • F,� :{' ,*7.'i • ' /j1 ° 1�. { F. 4. . ` .'r �1�� of/ M +S ; rite :t.�.:1, A I, �_,, �� 'x ••?` , r ;: ; c'.. ! ..f it 1 - ..- f .— •41 a* ) ' t . `..111'a.+"5Tif re:t A..V';,} , : ., 1 F r '.. .:L yqS� yz}.: ,lt... 1.. -.n-.�,y • art�.e:.-+'r--''El.,.... tvi. . ":%,::.''.7:j'91.:,1;441111;,••.:,.44t',e, , 10 , •• .#. i.-4.,.,la:-II ' ''+ .l �. •+! �# 7 F •.anr.� �aC �' _ ' .. `�� lV `_ �� _ 1'.:...1,;.--- '17'.::::''''r 171:ti ., ,,;',:'.1'. ::,:' '... 11";7•;.: ,7-;1444:"• .— .:4 r} �..,y� Ai .eid•, .�. f 1?2,4d �1. 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L^�' .YN�a� ia. , � "�+ • `'#f!!`Y -4't0 + i r,'�j'' r ."y !r R �`: .,� :e!"k .. dr s S"�r 'n, 7x� i, i' i}..: a ; :• ;y , +.�. l'....:.9• 't �4 •' t. -,4) t,, 4.rira ti '� Y tw i, f it 'R-' i - .) t i.• _,.„1 ! ,!,.P. . 4i.;-LA: "•T.R�};'s �+Fr'..�a��` ,ry„lyj{s.� �l t{� � � � �� _3 i.i,� Yk�� :14,,.•:•:.,40.:0, •.,,,,4. :Li . r• � Y.I R•a�124� 1,,‘A'-� ��C1�rA. • ...—.644,64,4,r—•' „{1 t▪er ¢� • .•�• ~� 4t • • a4 r ,• { 11 {q *. S'' Yt�►..v. is I •y= ; * 7� • • .. 4.....:1•44,0:, t..„4 „. ,,,,,::. 46,"... '.14, ''..7.',,''',,4_:4, `,,' •. • .I.'.4, °." i.,,,....,. I, . i''.7-,"; `rte r� ,t.',:',4 {"-M,'.,,y,'hS ,.. �: 4 \' ' 'f . ." l'... ' •r. ,t.,"iiv {i + ;y.}.r n rt.: }'�' {: a 1 r• > q;.' + 1 • A. ' a t `�'• ,v '. .f_ 222��1 ! -:x{ , .. b;. ,,,,;,:}f. i,r: ��. . • Yr ,'!{• [ t+ rra } ,{'r •V.- OS +4 1 1!y gi f to ! .t .° R ii` i J ftyyy�. { �'t^; r J t Jr T• ' 7t, •�.• t. Y r 1'• re., .r9 �.. L• 7 IL`Y Ai. '�'b 1 ±_.,,v.4r:.R,F•. "! ) rx 1 `; ",{ ( 1 .. r ' • ` y�.• .Y r •aa.•.•,•,� . .• r• �� )f �};'�,• r fSF ..�l `.ry.b .. '€t .• 4 to,7 ,'-'wait 0•. „` '•'4 •, ,ta+ • 4{r r- a r , ..�� '1 r P r!. , T� �. ♦'1ts•r:er .W tf\ �. -v, J •:ri .'`-Y> '`i, +'��' r alb ,�.. � , 1? �'b.Els'{ �► '; j t� y. tT� .. i� � / r.0t •4 #Y5'.y ` •••,i, L !t'l `.: +� «T :' t ,"tr «•—• -.y r, CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number RE-1476 for Tim Palermo in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23 day of February, 1993. r n 930165 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Tim Palermo RE-1476 St. Vrain LTD c/o Richard Domenica 8200 W. 67th Arvada, CO 80004 Timothy F. Palermo 3715 Brighton Blvd. Denver, CO 80216 Boulder Creek Estates LTD Liability Co. 3715 Brighton Blvd. Denver, CO 80216 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 William and Shirley Silvers 10608 Weld County Road 7 Longmont, CO 80501 Dorothy Larson 10706 Weld County Road 7 Longmont, CO 80501 9301c5 DEPARTMENT OF PLANNING SERVICES '(Plitt PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO DATE: February 22, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RE-1476 An application has been received by the Department of Planning Services concerning the request of: NAME: Tim Palermo, c/o Larry Intermill FOR: A Recorded Exemption LEGAL DESCRIPTION: The E2 of the SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: On the west side of Weld County Road 7, south of Highway 119. The request is to divide a 71.39 acre parcel of land into two parcels of 36. 50 acres and 34.89 acres, more or less. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Nancy L. Kirkley, Current Planner. The failure of a surrounding property owner or owner or lessee of the mineral estate to respond within fourteen (14) days of the date of this notice may be deemed a favorable response by the Department of Planning Services. 930165 REFERRAL LIST NAME: Tim Palermo, c/o Larry Intermill CASE NUMBER: RE-1476 REFERRALS SENT: February 8, 1993 REFERRALS TO BE RECEIVED BY: March 8, 1993 COUNTY TOWNS and CITIES Attorney _Ault X 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 X Division of Water Resources ____Gilcrest _Geological Survey Greeley _ _Department of Health _Grover _Highway Department _Hudson Historical Society _ _ Johnstown Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission _Kersey X Mined Land Reclamation _La Salle FIRE DISTRICTS Lochbuie Ault F-1 X Longmont _ _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Platteville Hudson F-7 _Severance _Johnstown F-8 _Thornton La Salle F-9 _Windsor _Mountain View F-10 _Milliken F-11 COUNTIES Nunn F-12 Adams _ Pawnee F-22 X Boulder _ _Platteville F-13 _Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 _US Army Corps of Engineers _Southeast Weld F-16 _USDA-APHIS Veterinary Service Windsor/Severance F-17 _ _ Federal Aviation Administration Wiggins F-18 _ _ Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. _Fort Collins _ _Panhandle Eastern Pipe Line Co. ____Greeley Tri-Area Planning Commission _Longmont X St. Vrain Sanitation District _West Adams 510 5th Avenue Longmont, CO 80501 COMMISSION/BOARD MEMBER Attn: Lee Lawson 930365 DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140NUE 0 EY, NORAO8631 GREELEY, COLORADO80631•COLORADO February 22, 1993 CASE NUMBER: RE-1476 TO WHOM IT MAY CONCERN: Enclosed is an application from Tim Palermo, c/o Larry Intermill for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is on the west side of Weld County Road 7, south of Highway 119. 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 March 8, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: • Date: 930165 • fitott‘r, mEmORAnDUm Wilk Nancy L. Kirkley To Weld County Planning Date February 26, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Hea Subject Case Number: RE-1476 Name: Palermo, Tim -/- Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Weld County Septic Permits are required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Wells must be located at least 100 feet from any septic system. JSP/lam-397 FEB 26 1993 930'365 ' 6 Ce a DEPARTME NT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI II,p 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 22, 1993 CASE NUMBER: RE-1476 TO WHOM IT MAY CONCERN: Enclosed is an application from Tim Palermo, c/o Larry Intermill for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is on the west side of Weld County Road 7, south of Highway 119. 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 March 8, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons:X3. v We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please efer to the enclosed letter. r-Ci Signed: Agency: �1L' CJ�v- 1 6 -v\- La-vi (,/] SC Date: a' _?C. \V_li �I ft MAR 0 1 1993 U Mtiag s5 sce;), DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140WagC. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO February 22, 1993 CASE NUMBER: RE-1476 TO WHOM IT MAY CONCERN: Enclosed is an application from Tim Palermo, c/o Larry Intermill for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is on the west side of Weld County Road 7 , south of Highway 119. 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 March 8, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley, 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 1.14T"' d-'r/lrcc not) comply with ol.I4 Comprehensive Plan for the following reasons. Venue YStt!t ARE (&)At,go%C,a$E Hausa Masi.. lbw.) Ct• m —0140 s r. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. _ A formal recommendation is under consideration and will be submitted to you prior to: 5 . J' as •e •-r to the enclosed ( q/ letter. 1(� Signed: Agency: J� • 2Ata Alas nrsoa Nacre/C r Date: 2 " 2C'• fJ 930165 �'t. (Kain cSanitation 9 iii icf Paint ¶efetAone 570 5ftI d¢venu.e (303)776-9570 .ron5monk,e(D 8050, February 25, 1993 Ms. Nancy L. Kirkley Current Planner Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Re: Application for Recorded Exemptions Cases No. RE-1475 and RE-1476 Dear Ms. Kirkley: Attached are the referral response forms for referenced applications. Case No. RE-1475 does not appear to involve future construction requiring sewer service, but rather remedies a prior division of land. On the basis of this understanding, this District "finds no conflict with our interests." Regarding Case No. RE-1476, the utilization of septic systems for two new single- family residences at this location does not comply with this District's Master Plan. Said Plan calls for a 10-inch line in Weld County Road 7 connecting to this District's principal east-west trunk located in Colorado Highway 119 right- of-way, just one-half mile north of this property. The proposed use of septic systems in this area presents a continuing dilemma. St. Vrain Sanitation District was created as a result of Weld County stating that no further development would be permitted in this area unless a municipal type wastewater collection and treatment system becomes available. Considerable public debt was thereupon undertaken to construct the treatment and basic trunk collection system, with payment of this debt to come from future connection fees. The District's Master Plan then contemplates that future development will extend trunk and lateral sewer lines off this in-place basic trunk collection system to serve an ever-expanding part of its Service Area. However, development frequently occurs in a checkerboard pattern requiring off-site sewer line extensions, from the District's basic trunk system. Frequently, this development is limited in scope, and the off-site sewer cost is considerable in relation to the cost of the overall development. Yet, to approve further use of septic systems, and not extend the sewer lines, results in perpetuation of the use of individual systems as future development occurs, which in turn deems the off-site line extension cost to be excessive. The problem is that the total development for areas like WCR-7 south of Hwy. 119 will clearly require municipal service, but that development frequently occurs in small increments, each with its own time table, and each trying to minimize its initial cost. As a related matter, it is understood that this property is part of a recent 300-acre land sale. The balance of the property, NW/4 and S/2 of the NE/4 of the same Section 9, is located along the route of the required line extension. The application does not indicate the future use of this land. �`� fv MAR 0 1 1993 .. e .q iro!cs Ms. Nancy L. Kirkley February 25, 1993 Page 2 At one time or another, three other properties along WCR-7 south of Hwy. 119 have inquired about sewer service, including the south continguous property with plans to build nine single-family residences. The best solution to this dilemma is for the applicant to join with as many neighbors as possible and construct the line pursuant to District's Rules and Regulations. The District would enter into a line extension agreement that would require future users to participate in the cost of said line extension and thereby reimburse the initial investor(s) . A second, though less desirable, solution provided for in the District's Rules and Regulations would permit the temporary use of septic systems provided: (1) Extension to the District's system would create an unreasonable financial burden on the Owner. (2) A private disposal system is constructed, meeting all State and County Health Department requirements. (3) The Owner deposits to this District the appropriate fees and charges, (in this case, it would be the applicable Plant Investment Fees, escrow a pro rata share of the line extension cost, and petition for inclusion) . (4) Owner agrees by written agreement to extend a line to connect to the District's system at the time or condition agreed on between the Dis- trict and Owner. Such connection will require no additional Plant Investment Fee other than provided above, unless required by change in usage. The downside of this approach is the abandonment of expensive septic systems; while the upside is twofold. The debt created to serve this property will be serviced and escrowed funds will be available to work with future development to extend the needed sewer line. Please call me if you have questions or wish me to appear at a hearing. Very truly yours, ST. VRAIN SARI TION DISTRICT By �n1/e L. D. Lawson, Manager Attached: (1) Referral Case No. 1475 (2) Referral Case No. 1476 LDL:mj 930165 2050-S(D DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140111 D O GREELEY, N ORAAVENUEO631 COLORADO 80631 COLORADO February 22, 1993 CASE NUMBER: RE-1476 TO WHOM IT MAY CONCERN: Enclosed is an application from Tim Palermo, c/o Larry Intermill for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is on the west side of Weld County Road 7 , south of Highway 119. 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 March 8, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and iat.t..at.i. t dE 130 CO & LE- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. 5� Signed:., a j �e��lY/ Agency: C Date: Z/ZCo/QJ k MAR 0 2 1993 -..thy i3SAR599P�' CrOl i5 STATE OF COLORADO OFFICE OF THE STATE ENGINEER en Division of Water Resources /4,./CS Department of Natural Resources .1 1313 Sherman Street, Room 818 Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director Hal D.Simpson State Engineer March 9, 1993 Ms. Nancy L. Kirkley, Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Re: Palermo Recorded Exemption/RE-1476 E1/2, SE1/4, Sec.9, T2N, R68W W. Division 1, W. District 5 Dear Ms. Kirkley: We have reviewed the referenced proposal for a recorded exemption to split a tract of 71.39 acres into two tracts. One tract would be 36.50 acres and the other 34.89 acres. The proposed source of water is to be from individual on-site wells. The 71.39 acre tract is also the subject of a request for a recorded exemption (Case No. RE-1475), which we have commented on under separate cover. Please see our letter of this date regarding this requested recorded exemption. We could issue permits for the two proposed tracts and recommend approval of this proposal subject to the following conditions: 1. The well serving the residence on the proposed 10.99 acre parcel (if well exists), which is the subject of Case No. RE-1475, was put to use prior to May 8, 1972. 2. The applicant is able to designate a tract of at least 35 acres out of the proposed 36.50 acre tract on which the new well would be the only well. Presently, according to our records, there is a livestock well on this 36.50 acre tract that was constructed under Permit No. 4495-A, issued by this office on July 3, 1975. 3. The 71.39 acre tract has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either tract. 4. That there is no existing well on the proposed 34.89 acre parcel. 5. The well permit on the 34.89 acre tract would limit use to ordinary household purposes inside one single family dwelling and the watering of the user's own non commercial domestic animals. Outside use for lawn and garden irrigation would be prohibited. Plat notes and covenants should reflect this limitation. 6. The applicant should provide proof that evaporative wastewater systems will not be required. We could not issue permits if evaporative systems would be used. 7. Prospective purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be given to lot purchasers and submitted with any well permit application. 9x0' +85 Ms. Nancy L. Kirkley Page 2 March 9, 1993 The applicant may want to consider dividing the 71.39 acre tract in such a way that each tract would result in at least 35 acres. The applicant could then apply for a "domestic" use type well on each tract. The use of each well would be limited to ordinary household purposes in up to three single family dwellings (if applied for), fire protection, the watering of poultry, domestic animals, and livestock, and the irrigation of not more than 1 acre of home gardens and lawns. The pumping rate would be limited to 15 G.P.M., and the return flows from the use of the wells would have to be returned to the same stream system in which the wells are located. If you have any questions, please contact Mr. John Bilisoly of this office. Sinc ely, uSW� Purushottam Dass, Ph.D., P.E. Supervising Professional Engineer PD/JWB/palermo cc: Alan Berryman, Division Engineer John Bilisoly - 7q - /( at: ‘1, DEPARTMENT OF PLANNING SERVICES ithpos. , i d' �. PHONE (303)353-3845, EXT. 3540 �. ' WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE fLB 2 199 GREELEY, COLORADO 80631 COLORADO MENEF3 ed February 22, 1993 CASE NUMBER: RE-1476 TO WHOM IT MAY CONCERN: Enclosed is an application from Tim Palermo, c/o Larry Intermill for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 of Section 9 , T2N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is on the west side of Weld County Road 7 , south of Highway 119 . 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 March 8, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be N cu V - submitted to you prior to: 5 . J Please refer to the enclosed letter. nMAR 0 8 1993 see�/( Agency: Div• o Y u r a s. ea4.4 •r.�llevnin' Signed: /] • g y ) 1 3 51,e -waw.— St, Rw . 2 s- Date: 2- _9 L.--D er Co to Lc S (� 866 -' 35-6`7 pleet t r,., icrw. -1-L2 of r a f + ;iT= � !t. 1pwri�95 av-e bur It OYter '4,-opent t rt /ea.s2; GL rCc/t.5 It e e4 ✓t A/) le e O✓ e c4 fl 4 r a cLcw7 c ,v,, In.- _0 ,. .c o �,,.,._ 6- -e [B-tti _ / 9301g5 5 FIELD CHECK FILING NUMBER: RE-1476 DATE OF INSPECTION: March 5, 1993 APPLICANT' S NAME: Mr. Tim Palermo REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: On the west side of Weld County Road 7, south of Highway 119. LAND USE: N Rural residence, vacant E Vacant, agricultural S Rural residence, old mined gravel pit (lake) W Vacant, pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) and I-3 (Industrial) COMMENTS: Site contains an old, mined gravel pit (lake) . Access is from Weld County Road 7, which is paved. Weld County Road 7 is proposed to be a County arterial. re at-7' en Planner 930365 I it javelf4C DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES �• 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 22, 1993 Mr. Larry Intermill Intermill Land Surveying, Inc. 1301 N. Cleveland Avenue Loveland, CO 80537 Subject: Recorded Exemptions - RE-1475 and RE-1476 Dear Mr. Intermill: Your recorded exemption applications are complete and in order and will be processed on or before March 18, 1993. If it is determined that the applications meet the approval criteria of Section 11.4.4.1 through 11.4.4.6 of the Weld County Subdivision Regulations, you will be notified that the recorded exemptions are approved. If the staff determines that the applications do 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 applications and make a final decision on the recorded exemptions. It is the policy of Weld County to refer applications 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 Longmont and the County of Boulder Planning Commissions for their review and comments. Please call Brad Schol (City of Longmont) , at 651-8330, and the County of Boulder, at 441-3930 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the City of Longmont and Boulder County Planning Commission meetings to answer any questions the Commission members may have with respect to your applications. If you have any questions concerning this matter, please feel free to call me. Sincerely,j2 c . Kirkley Current Planner 930185 DEPARTMENT OF PLANNING SERVICES "Ripe PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. O17RAAVENUEO631 COLORADO 80631 COLORADO April 2, 1993 Tim Palermo 3715 Brighton Blvd. Denver, CO 80216 Subject: RE-1476 - Request for a Recorded Exemption on a parcel of land described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Palermo: I have withdrawn your application that was to be considered at the Board of County Commissioners' meeting scheduled for Wednesday, April 7, 1993. Please disregard my letter of April 1, 1993. Additional information is required before I will schedule your request before the Board of County Commissioners. I would recommend that you call me to schedule an appointment to discuss your request in more detail and to supply additional information to our office. I would suggest that Mrs. Joan Koldeway be present when we meet. I may be reached at the above number. Sincerely, Chuck Cunliffe, AICP Director CAC/sfr pc: Joan Koldeway 10465 Weld County Road 7 Longmont, CO 80504 910.1c5 p(ice DEPARTMEN T OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI p1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 13, 1993 Tim Palermo 3715 Brighton Blvd. Denver, CO 80216 Subject: RE-1476 - Request for a Recorded Exemption on a parcel of land described as part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Palermo: I have scheduled a meeting with the Board of County Commissioners on Wednesday, April 21, 1993, at 9:00 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, Chuck Cunliffe, AICP Director CAC/sfr 920'c5 Hello