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Home My WebLink About930083.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1472 - GREEN 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. 1472, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1472 was submitted by Gerald W. and Kay Green for property which is located in part of the NW; of Section 19, Township 4 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 147 acres and 5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. 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 Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 930083 RE! , A-PP RE: RE #1472 - GREEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of January, A.D. , 1993. /n/�� BOARD OF COUNTY COMMISSIONERS ATTEST/ if , WELD,COUNTY, COLORADO G i�c Weld County Clerk to the Board ( j /r/.4oft Constance LH rbert, Chairman toiAiotyr Deputy lark to the Boay W. H. Webster, Pro-Tem APPROVED AS ORM: orge Baxte County Attorney Da e I . Ha 1 /A./L/4,o / , ./i,4/4 Barbara J. Kirkmeyer \ 930083 T 4 cf.:: cii4tale% DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3345, EXT.3540 C WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO January 20, 1993 Board of County Commissioners Centennial Building 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1472 Dear Commissioners: This request for a recorded exemption is submitted by Gerald W. and Kay Green. The parcel of land is described as part of the NW4 of Section 19, T4N, R68W of the 6th P.M. , Weld County, Colorado. The property is located at the south east corner of Highway 56 and Weld County Road 1. The request is to divide a 152 acre parcel into two lots of 147 and 5 acres, more or less. The zoning of this property is A (Agricultural) . The five acre tract includes the following improvements: a residence, garage, and a barn. The 147 acre tract is productive agricultural land. Mr. and Mrs. Green are retiring and want to sell 5 acres with the improvements. The Greens intend to retain ownership of the 147 acre tract. Larimer County Planning has reviewed the request and has no objections, but has referred the request to the Larimer County Engineering Department for review. The Department of Planning Services' staff has not received comment from Larimer County Engineering Department. The applicant proposes Little Thompson Water District as the water source and septic systems for sewage disposal. It is the opinion of the Department of Planning Services staff that this request should be approved. This opinion is based on the determination that the criteria set forth in Sections 11.5.1 through 11.5.6 of the Weld County Zoning Ordinance have been met. R spectfullbm/ d, n Of leg Nancy "Kirkley Current Planner 930083 CONDITIONS OF APPROVAL Jerald and Kay Green RE-1472 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 (60) 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 its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 930083 ADDITIONAL COMMENTS RE-1472 Gerald W. and Kay Green The Department of Planning Services has received two letters of concern from adjacent property owners. The adjacent property owners do not object to the land split; however, each would like specific conditions and notes placed on the Recorded Exemption plat. Both wish to head off future conflicts between themselves and purchasers of the subject property. The first letter of concern is from the Berthoud Gun Club. The Gun Club owns the property to the south of the subject site. The Gun Club requests that a notation be placed on the Recorded Exemption plat acknowledging that an active gun club operates adjacent to the subject property. The club also requests that conditions regarding open space and setbacks from the south property line for residential uses be added to the Recorded Exemption plat. The second letter of concern is from the owner of the dairy farm to the north of the subject site. The letter requests that information regarding the existence of the dairy farm adjacent to the subject site be provided to all future buyers. The letters of concern are attached for your review. 920983 �.. , _ 4 ]o • di„ e G ilt it '>, . "...nom 27.-.:. ros sconce I In I 4.0 f ❑'°�I I _ _ _ _ —, •♦, First • i'cor::ion t. ._�r 48 1 ZT,an!r�a� ! _ _ •o <. ,c ,.e,bdrll' •I.•• !ft • - ® •• •rSa.z u.b. • •Thew �'/M iL� cr'�i.Eiai ►iI.i€ii�«� Z !•• I , wesrER,v ° • Re - drkom .•a wry 46 O :T53c.▪ .f'' . T, I ' 'li, •Ie .v !I•Non;Lkg oam �� n 0�1 �• • :1 38 QM T.4N! .•I I ;iii;r I il I 711 N is • •` ;• a I• S'r rrx°, I-a i is. .42 f �• 1 - Air2,_4ur:i - -' c. _i . �/� I an • -- .I _cx .fatWA," 1 l J Ian lit it. 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LAND USE: N Residential, feed lot E Agricultural S Gun Club W Vacant, agricultural ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W Larimer County COMMENTS: The existing residence, and farm improvements (Lot A) have existing access onto Highway 56. Lot B boarders on both Highway 56 and Weld County Road 1. Weld County Road 1 is a local road. Highway 56 is a minor arterial. re t annex 0.20983 ADMINISTRATIVE REVIEW FLOW SHEET CASE 1/ / � �� wan �C8 � APPLICANT : J 'e r & �/ `� Q n ° 42 - "' tree V\-- _ REQUEST : ?eccrdec-- / xanicfp-no AG / I 1 i\ ,LEGAL : -Dar l oP `\ 4U /ii ) Sec. 19 14 / R tog l/ / 1 LOCATION : Se CO r hP r OP W id_ n67 O n o l h e., c am' Tate J By Application received ' � � Application complete / laalq - O ^ -tJ6 Letter to applicant drafted / 2 39 // I71 Referrals listed 1 a 9,) t File assembled /Z/Z�� Letter to applicant mailed /2/ 6 Referrals mailed / (7 /,-7_ 19.7 Chaindexed //9.� - DPS recommendation drafted Administrative Review decision : History card completed COMMISSIONERS ' HEARING DATE : /- 3 L L3 Date By Air photo and ma ps prepared Field check by DPS staff CC Action : (`/ 4,vii_c_fik_v CC resolution received History card completed !_a CI - 1_0t Recorded on maps and /or filed 2 - q - 43 , Tic ©cx Zo-, Q.� C `' .I, S APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING )EPARTJT USE ONLY: APPL. FEE CASE NO. TM --:11119, RECORDING FEE ` / ZONING DISTRICT RECEIPT NO. 1 `6V-i -6 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: TOTAL ACREAGE: 75-2 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY:J Name: ERAL0 Vk/ VA( (L:sk'L.E/J Address: 52/ vi. Coo dury fed ilicritou, , Cophone: S32- 3q-8Z- Name: 1C1}RQ-1 M ANC Off(NNE H - 4Et=�nJ Address: 2262. 5• DAL.LA5 , /ku&)FA , Co Phone: 76:5-:O4O/ Name: Address: Phone: WATER SOURCE: Larger Parcel LI (711: TH-01-tili Smaller Parcel Li FILE THOHP3et) TYPE OF SEWER: Larger Parcel r PIIC -3\45, Smaller Parcel 36PTIC PROPOSED USE: Larger Parcel FARM Smaller Parcel 2E51OCO C17 ACREAGE: Larger Parcel k4 Smaller Parcel J EXISTING DWELLINGS: (Yes or No) NO (Yes or No) c`J 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 ) Si - 're: Owner or Authorized Agent D Subscribed and sworn to before me this day of 1 //`-i , 19 92 (SEAL) ' I / 6 Notary—Pair-tit My Commission Expires " '4 - 9V J` DEC 2 2 1992133 5 2 ; a -41,44 P affect menninn APPLICATION FOR RECORDED EXEMPTION JERALD W. AND KAY GREEN RICHARD M. AND DAWNE M. GREEN 521 W. COUNTY RD 4E, BERTHOUD. Cu ?0:,--5x'2-3482 1 . AF'F'L:F.CAT:1Lfl\I FOR RECORDED EXEM[ [ ION COPY OI DEED -• F (;GE 44 CERTIFICATE Of CONVEYANCE I.'nol-:: 6 4. CERTIFIED LIST OF OWNE::Rs WITHIN F[ OF T•HE:. PFOF'F_Rl Y (_11;:: APPLICATION - PAGE '/ S. CERTIFIED LIST OF THE NAMES iIND LESSEES OF MINERALS ON THE LAND BEING CONSIDERED - FAGE < I Hk:: RESIDENCE IS CURRENTLY SUPPLIED WITH WATER FROM THE L..I l...l L_E THOMPSON WATER DISTRICT. ATTACHED IS A COMMITMENT FOR SERVICE FOR THE 147 ACRE PARCEL - PAGE 12 7. A NEW SEPTIC SYSTEM WAS INSTALLED FOR THE HOUSE ON 12/12/91 . A SIMILAR SYSTEM COULD BE INSTALLED ON.I ..1..1-HE_ Id " ACRES. SEE SEWAGE: DISPOSAL SYSTEM PERMIT -- PAGE_ 1::' 8. DESCRIPTION OF HOW 1 HEM PROPERTY IS USED. S ACRE EXEMPTION: TWO ACRES WITH THE FOLLOWING BUILDINGS: 4 BEDROOM HOUSE, GARAGE, SHED, POLE BARN„ GRANARY, CISTERN AND ONE IRRIGATION DITCH ALONG THE NORTH PROPERTY L.l:NE::. TI••IFEE IRRIGATED ACRES WITH ONE IRF I:FJA1 :EOI''I DI .. OH Al_..ONG THE NORTH PROPERTY LINE. 147 ACRES NO BUILDINGS 22 ACRES OF DRYL._ANI) 125 IRRIGATED ACRE_;.•) WITH SEVERAL IRRIGATION DITCHES. 9. THE RESON FOR THE EXEMPTION IS THAT IT WOULD LIKE TO RET I F E: AND PLAN TO SELL THE HOUSE AND :a ACRES INCLUDING THE OUTBUILDINGS TO REDUCE: MY TOTAL I ND E:F+I.EDNESS. WE PLAN TO CONTINUE FARMING THE 14/ ACRES„ IHE 5 ACRE EXEMPTION WOULD CONTINUE TO SE USED AS A FAMILY REF IDE:I'•10E:,, 10. THE 5 ACRE FXE P U='.. :[ON WAS I HE. FARMSTEAD FOR LLD...! ACRE: FARM AND WILL CONT IN.IUL lo BE_ I_I:,LD S A RESIDENCE:„ E::I : (;EF ]:F;L.. MAP FOR L.00A I LON _ I::'AGE. 1; 11 . THERE_ WILL OE M:[ CI-IAiiNGf_=b 10 l`HF:_ F'R`OPEF:T`,' BECAU:: E: OF' -I-HE_ EXEMPTION. 501H PROFf=R•T]:ES WILL t DNT:LNHE:: TO USED A;I FLIh:Y HAVE BEEN OVER IHL I_..AS [ 1. 4 TEARS ANT) SHOULD THEREFORE, 13I CONSISTENT WI..L H FHF WELD COUNTY LOM{'REI-iE�NS]: E:' Fl AN. 90x3 2 1:i. THE 147 WILL CONTINUE TO BE FARMED. THE: 5 ACRES t=JILL... USED AS A FAMILY RESIDENCE. BOTH ARE COMPATIBLE WITH THE AGRICULTURAL_ ZONING. 1..::, BOTH PARCELS WILL CONTINUE TO BE CONSISTENT WITH DISTRICT POLICIES. 14. THERE WILL I3E NO NEW DEVELOPMENT. THE PROPERTIES WILL CONTINUE .TO BE USED AS THEY HAVE BEEN OVER TIME LAST 14 YEARS. 15. THE: INFORMATION CONTAINER HEREIN INDICATES COMPLIANCE WITH THE RECORDED EXEMPTION STANDARDS IN SECTION 11 . S. 16. THERE WILL. BE:: NO CHANGE IN THE USAGE OF THE PROPERTIES WHICH WILL RE:DLIC:E. 10 PROTECTION OF TI IEi: HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE NEIGHBORHOOD OR COUNTY,. 17. RECORDED EXEMPTION SKETCH -- PAGE:: 14 920933 t7 rs-.+c " . e�+sr ? r .le- ent,- .- .-"---s —14.'7 ► ---r w..11 1. ,,y`.rc' i--"'"'"440/6 -/{YjfWk/j�, Map Not to Scats t j _ z r n:k '�."`-`ta �„ °77i�^i `R t .'.'',•..,.,,,,,,,„;,,,.. -�"JtYw T T • 1 * iii 4- 4 / , y 1., ' �t 'yb ,qq rM rl- 40484 1 lc G -- er,. t.,+ v • *� -' '"� •^�v_ r =Y erf _ L s`At 4 -.4 4.ti ICI t. *. " ni: I,:I" 'W.,, • " . ,a �pk i � s s' fit • ' +:k? t . a r v1 If .1/461a/fry 44 v PRoPERTy Live _a-RR/6A r,nJ rCN — — - — - - - - hl Y4W. t ''11V�1V111• f 1 3 '' t o 3 C SAERbe POLEaP C-� u �. C-6QAUAey CI5Ou 5 ACRES 147 gcge5 0 Oco,„,..5 .Jeg,4 e w + /<4y 6,es-eA) eE,ciigko fl Y- DAWP &QeA 152 Acee l.ESAL OE-bagelrov TGJq V - R6eccJ - SEci9 - "4g 3. EA. sne,vrs /. Zi2QiG4Tivd O'rcN o,u AcCe5 &. No.erw/south' VerfurwMl au /Strncgeo /a LITTLE .CHOMPSON WATER DISTRICT DIRECTORS: Telephone 532-2096 Gleennn'W.rGibson December 22 , 1992 307 Welch Avenue t Leo Bakal Drawer G Keith Croonquist Berthoud,Colorado 80513 Tom Reynolds Dean Anderson Carey J.Salomonson James W.Stroh MANAGER: Richard H.H.Whiffet Mr. Jerald W. Green 521 West Co Rd 4E Berthoud, Colorado 80513 Re: Service Commitment Dear Mr. Green; This letter is in response to your request that the Little Thompson Water District commit to provide domestic water service to property described as follows: 152 acres situate in the NW 1/4 of Section 19, Township 4N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. It is proposed to divide this property into two parcels, one of which currently has and will continue to be served by an active LTWD tap. The request is for one (1) additional standard 5/8" X 3/4" residential water tap. We currently have a 10" diameter water line located along the south side of East Hwy 56 in the above described area with additional capacity available. Therefore, we will commit to provide service to this lot via one standard residential water tap with the following conditions: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with District Rules and Regulations. All improvements must conform to District Specifications. 930983 L2/ December 22, 1992 page two This commitment will expire one year from the date of this letter if the tap has not been purchased and installed by that date. The current fee for the above described water tap is $4, 000. 00 (each) and is subject to change without notice. If you have any questions, or should you need additional information, please contact our office. Best Regds, Barry Dykes Operations Manager "'Orr.)%1'r;'a 13 ': IND.!.V i:o ,... SEWAGE DISPOSAL SYSTEM E1M :MIT NO. G-910293 17 WELD COUNTY'r' HEALTH DEPARTMENT REPAIR PERMIT ENVIRONMENTAL HEALTH SERVICES i _>1 ; 16TH I••I AVENUE COURT, t:;I: :!: L i:::Y , CO 00631 353-0635 EXT, 2225 OWNER GREEN , ,JERALD W. ADDREEE 521 OCR 56 I::'1-I (,^;;3) 532-34K BERTHOUD CO 00513 ADDREEE OF PROPOSED SYSTEM A't'3 I"IWY $6 BERTHOUD CO 00517 LEGAL DESCRIPTION OF SITE : NW4 SEC 19 TWP 4 RT:?G 63 SUBDIVISION : ;...::1T 0.:? BLOCK 0 !=.,:I...1:NG :::s USE TYPE : RESIDENTIAL HOUSE SERVICES : PERSONS ;} BATHROOMS 2.00 LOT S1:.ZE '; ' 200 ACRE.' BEDROOMS 4 BASEMENT PLUMBING NO WATER SUPPLY '... ri"IN :, APPLICATION FEE $11000 EC 'I) BY CINDY SALAZAR SIGNED BY Jl RALI) W. GREEN DATE 1 2/02/91 • DDATE 12/02/91 PERCOLATION RATE 30.0 MIN PER INCH LIMITING ZONE 0 FEET UIL TYPE- SUITABLE F'I:::I: (:;l:::N•I• GROUND ELOPE 2% DIRECTION:I:ON ,.: REQUIRES ENGINEER I DESIGN NO • FROM THE APPLICATION 1:NI2,. a": Csr SUPPLIED AND ,THE (:i(�f.....�I ; .. :..': I.!._ r':....-.,.,:.1!. A (-:!:`:ill DATA rt•ii FOLLOWING MINIMUM ,&O ill.:.l._6't I:(:ii! F E: .CI.:Ic.:ATTOiL AREQUIRED : SEPTIC TAN , 1 2,.,() (t t..1_.1...O i\r, ABSORPTION 'I i I::.t'•!k.;1'I 1000 ,•:,;'1;; ;. FT, il:? ABSORPTION BED 1300 IA !-, i .t INADDITION, THIS PERMITISSUBJECT TO THE roL_L.ow:C\IG N )D:I:T"IONAi TERMS ( Ni)•I :.:JN:DJ. :Ct.JNS : _._._ .... •H:r..' PERMIT I,.: (:;RANTI..:D TEMPORARILY ft:!:!...Y TO ALI...OW CONSTRUCTION TO COMMENCE.i:Nr:En THIS PERMIT lr1Y BE REVOKED Oi:''. SUSPENDED BY THE WELD COUNTY HEM...T•1'•! DEPARTMENT FOR REASONS' SET -O ft T l-I IN T I-I I WELD CO'. N T ( INDIVIDUAL ,.:,-.:'.ill:::. DISPOSAL SYSTEM REGULATIONS INCLUDING . :" r••l:r.l_Uhh TO MEET ANY TERM (11'; CONDITION 1:i'if'i::i; EI) THEREON N DURING - :.i.:1 :'(aRARY OR FINAL )P!=ROVAL. THE ISSUANCE (IF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE '.irPAk•FMENT OR :CTS' EMPLOYEEE OF LIABILITY Y FOR THE. FAILURE OR INADEQUACY (1i- T.I..i!: EWAGE DISPOSAL SYSTEM, TREVOR ,.{:I:i:'t:C(::i:l 12/02/91 ENVIRONMENTAL AI... SPECIALIST 11l...1:ST DATE: _ PERMIT.,...� '\ ` i 1TRANSFERABLE 1 l�VOID { I I!_' .'7 I-�.•y,..,!I I �f AND t THIS..,.: ,... :i l.. ,. I•.._ r•ti �. SHALL BECOME , ... ,.. 'i :. _.. ... ..�('u.. . . (:+... ..?J►'� I"IA,.. NOT COMMENCED WITHIN ONE YEAR OF ITS 1:;: s(.;iirt?t.:F_., BEFORE ISSUING'?G FINAL APPROVAL Of:. T.HIS PERMIT II THE WELD COUNTY HEALTH DEPARTMENT RESERVEE THE RIGHT TO IMPOSE i::: ADDI- TIONAL TERM Ai'•1.:() CONDITIONS REQUIRED ..j.(1 MEET OUR F.;f:::(:';IJi_,i'tT•I`:J`'''lis ON i CONTINUING BA— SIS. f"II'!AI_. PERMIT APPROVAL .I:,:, CONTINGENT Ii`v(:';i::NT UPON THE FINAL CT C r I i i �...I..,..i :INSPECTION F'r._ i i.U N l!::• ';';..!r: COM- PLETED SYSTEM BY THE WILD COUNTY HEALTH DEPARTMENT. NT., 'r'STEM INSTALLER ..C.a., b.,.'/.� _...__..._......... ;::r i N DATE /.2- ,! SYSTEM ENGINEER _.._,. ___.....APis i:iOV 'rl... ! _....... . . .......... )'I••'E (: SYSTEM INSTALLED . .a.{� al5 .!.i•4;fr'jTv ...r•. I i'I"' :;' , - THIS PERMIT t._.,., NOT ...T COMPLIANCE � 1 I 'N' I... WITH .. . ISSUANCE t:i 1... DOES i,l? I IMPLY (:.M f'....:!:�:..,:(::;:. OTHER :; : -AT.... . OOUNIY R I...(:i(:iAL... REGULATORY t:11:4 BUILDING REQUIREMENTS,1— i>>i:i!:;. :','HALL IT ACT .,.1., CF7TT THAT i I"I I SUBJECT SYSTEM WILL OPERATE IN COMPLIANo1::: WITH APPLICABLE :.,... ., T E COUNTY AND :...i• . REGULATIONSADOPTED "1''yl�,';"'i`•I TO 9 , , , , r.; :t.,? ..,.. ..1 ., t I:''F_ ,. (• i •.. ARTICLE , ,...I::. ':• •, .. .. ;f).'. AMENDED, EXCEPT FOR� THE E. PURPOSE ESTABLISHING FINAL :-t. � ; ;•, STEM FOR !:� f.•!: OF LOCAL PERMIT PURSUANT i ... C' ..... ,�(.i r•�14...,... ..: r1 i_.L •r=i,... : :.:: ,..-..:i;T•,l.... .' ::.�.... :::,'1'� .. . .. , ) . :'i: :r(:rl:NA!_.-APf:'!_.:!:(:;i'ti;l•T : COPY....i,.iE:I-ID ! ''CH:D.._r_!..! > MAY , 904 920933 33 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO ) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The HOMESTEAD TITLE CO . OF GREELEY , INC . hereby certifies that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . • LEGAL DESCRIPTION : The NW 1/ 4 of Section 19 , Township 4 North , Range 68 West of the 6th P . M . , EXCEPT that portion thereof conveyed to the Department of Highways , State of Colorado by Special Warranty Deed recorded in Book 1609 , Page 496 . • CONVEYANCES ( if none appear , so state ) : Reception No . 166801 , Book 746 Reception No . 174471 , Book R23 Reception No . , Book Reception No . , Book Reception No . Book Reception No . , Book Reception No . , Book Reception No . , Book Reception No . Book Reception No . , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of HOMESTEAD TITLE CO . OF GREELEY , INC . , is hereby limited to the fee paid for this Certificate . In Witness Whereof , HOMESTEAD TITLE CO . OF. GREELEY , INC . , has caused this certificate to be signed by its Proper officer this anir nf /t > F.t 0a �1C Rec. ...ii at_. AI clock __M,. FEB 16 1918 r • U A 523 AURV ANN fEUERSTEIN z5 x 1'744718 h,..,n:. fir Reception No, - _. _ in - 1 I •F:::DEED. ,a„r.,,,. 10..,, Jaye( February Stale Documentary Fa •'q '� 978 ,between RICHARD E. DOWSE, II and FEB 16 1978 ax —37 JUDITH G. DOWSE "__ . �— dnhe County of Weld and State or g,3.Z:.�---� 'T;t • • ao • ,,e&redo.of the first part.and JERALD W. GREEN and KAY GREEN, and RICHARD H. GREEN and l5 jl .= DANNE H. GREEN ed nhe.elegaladdrexsie 521 Weld County Road 4E, Berthoud, Colorado 80513 # • of the County of and State of Colorado,of the second part • c_ Ii l ITNESSETH.That the said party of the first part for and in consideration of the sum of I s1 ? —THREE HUNDRED TWENTY THOUSAND AND NO/100—------_______------------- 1>DLLARS. I O ay to the wid party of the flat part in hand paid by the said party of the second part,the receipt whereof is hereby UI ti T — 4 O l confessed and acknowledged,has granted bargained.sold and conveyed,and by these presents does grant,bargain. I a +• I ' , o I -en convey and confirm.unto the said party of the second part,his heirs and assigns forever.all the following O ii• described lot or parcel of land,situate.lying and being in t he I County of Weld and State of Colorado,to-wit: L•O The NW 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.H. EXCEPT II e F t - w�-1 that portion thereof conveyed to The Department of Highways, State of Colorado .•-1 - - - - m by Special Warranty Deed recorded in Book 1609, Page 496 li W ,F. ',� 'taa. TOGETHER with any and all water, water rights, ditch, ditch rights, reservoir it F;.._ 'and reservoir rights attached thereto or appurtenant thereto and utilized in I I 'connection with the above-described property, including, but not limited to: 'W 14 shares of Handy Ditch 6 Reservoir Company, 7 shares of Loveland Lake 6 Ditch Ili II ' CCoonmpDapy, and 8 shares of McIntyre Lateral Ditch Company. x Toget er with any and all oil, gas and other minerals appurtenant to the above f�I 'described property. talao known as l and number 1.. •- TOGETHER with all and singular the hereditament,.and appurtenances thereto belonging.or in anywise apper I a. i taming•and the reversion and'reveraions,remainder and remainders,rents.issues and profits thereof,and all the estate,righttitle,interest,claim and demand whatebever of the said party of the first part either in law or.quity,of I 7's . % I ii and to the above bargained premises,with the hereditsments and appurtenances, d TONAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the d i yt, party of the,second part his heirs and assigns forever.And the said party of the first part,for himselr his heirs. II I eseclftore and administrators,does covenant grant bargain and agree to and with the,aid party of the er d part y • hie heirs and assigns.that at the timeol the ensealing and delivery of these presents he is well seized of the premi^es I ��'• above conveyed,as of good aure perfect,absolute and indefeasibl`estate of inheritance.in law,in fee simpl and has n 6• I. good right full power and lawful authority to gran.,bat.a,,.,sell and cum•ey the Kama in manner and form I ,y \ I aforesaid,and that the same are free and clear from as former and other¢rants. M1arRome sale.,hens.texts. '7` („ I assessments and encumbrances of whatever kind or nature soevens except taxes for the year 1978, due and payable in 1979, which the parties of the second part by the acceptance II um •e b, of this Deed assume and agree to pay, and, subject to easements, covenants, g" . ?•u I reservations and rights—of—way of record; and subject to a Deed of Trust for the ft` _, x 2 ,r I use of Tollgate Farms, Inc., a Colorado corporation, which Deed of Trust shall �jl [ ao remain the obligation of the parties of the first part; 'II [e �� I. a {'t L i� I and the abased bargained premises in the quiet and peaceable possession ofthe+asst psrty of the second nett his lit r"p„ ' 3 a I heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof. I' F II the said party of the first part shall and will WARRANT AND FOREVER DEFEND.The singular number shall i I . I a FR ,— . tp M1 Ii include the plural,the plural the singular,and the use of any gender shall be applicable to all genders O ^1 II IN,W'ITNESS WHEREOF,the said party of the first part has hereunto set his hand and seal the dal and year first [I ,ry n^ II i 1> 1ToJ I7 Iw.�-ISEALI I c and K. se, S 'SEAL] I I II (1 � Y/.. �11r4Y! _ ISEAI.1 Ii sq I e STATE OF COLORADO II +d , es. l./ 'County of Boulder II k,J Dist . ,x^ •The(upswing inslram sayfifFebruary ,I ent welt acknowledged before me this 10th : F 1O- igle.:.Difikiwiblir2 DOWSE, II and JUDITH G. DOWSE. I may, • MycommfaMlbnexpirea ,19 .Witness my hand and official seal, il -I , IY.CWnihi•a @frkes AIgil 9, 1979 y.la.r04-!=-or__ .1a,.....t, II s'a`I';f'clnt Na.aYYA. YANNAVTYNY.Y.11 Yrl'Mn,•n.nF•N.0 rJ Nru1f,I11.I na uxl,..txrt.R , wYi..a1 fp9 y, 0: O9r3 . , rt • b n .t I "�' !M VP ° e .+YA.."'t .�.at / • rt ^A G , ,Ys�t�A�� S A� Sk tsf r)° Ct L. ^�a �S �i �'1% s Y 4xC.. .' S .- •+ o,.�. q�n•rtMk a'v AU'' 221975 t r7A 6 Recorded aL_... _ tall_ .._ _..—___._ �( 1668015 _...._ ..S. -Eecorde. 0 x Reception Ne_.._. ._ ___ N Recorder's Stamp ' THIS DEED, Made this 20th day of August . 19 75,between TOLLGATE FARMS, INC. p. I a corporation duly organized and existing under and by virtue of the laws Sims Documentary Fee I O• 22�p'1C hll_tL_ of the Slab of Colorado of the first pert,and DOW-AUG _. I A :IN $.2acy5 _ •--I RICHARD K. DONSE, II and JUDITH C. DOWSE, as Joint • CO , co Tenants `0 of the County of Weld and Stab of ..i Colorado of the second part: • e WITNESBErn.That the said party of the first part,for and In consideration of the sum of TWO HUNDRED TWO THOUSAND FIVE HUNDRED AND NO/100 (202,500.00) DOLLARS. • to the said party of the fleet part in hand paldby the said pest of the second part,the receipt whereof Is here- in bargaind,sold and conveyed,and by theee presents doth grant,bar = . O by confessed and confirm hath granted, beln,and assigns for- galn,sell,convey and confirm unto the said part ies of the second part, their o O ghosts,lying and being in the O 0 ever,all of the following described lot or panel of land, y^[ yI County of Weld and State of Colorado.to wit: a The NW 1/4 of Section 19, Township 4 N orti Range 68 West of the 6th P.H. 1$ EXCEPT that portion thereof conveyed to The Department of Highways, State of19 NI Colorado by Special Warranty Deed recorded in Book 1609, Page 496, Weld County w G - all with any and all water, water rights, ditch, ditch rights, reservoir f• and reservoir rights attached thereto or appurtenant thereto and utilized in De connection with the above-described property, including, but not limited tot �. 14 shares Handy Ditch 6 Reservoir Company, 7 shares Loveland Lake & Ditch Company, 8 shares McIntyre Lateral Ditch Company, TOGETHER with any and all oil, gas and other minerals appurtenant to above- described property. „F TOGETHER with all and singular the hereditament and appurtenances thereunte belonging, or in anywise .v appertaining, and the reversion or merlons,remainders, rents, issues and profits thereof; and all the estate, :n right,title,Interest,claim and demand whatsoever of the said party of the first part,either la law er patty,of,in and to the above baTleed premises with the heredtammna and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the ., said part ie. of the second part their heirs and assign forever.And the said TOLLGATE FARMS, INC. party of the first part,for Itself, and its successors,loth covenant,grant,bargain,and agree to and with the mid parties of the end port, their helm and assigns.that at the time of the eoaedlaf and delivery el these preset.H is well seised at the premises above conveyed,as of a good,sure,perfect,absolute and indefeasible estate of Inheritance,In law.In fee Ample,and bath good right.full power and lawful authority to grant,bargain,sell and convey the same In manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains. Wes,liens,taxes,assessments and incumbrancee of whatever kind ornate soarer; except General Taxes for 1975 (payable in 1976) and any taxes and sments subsequently e and except easements, restrictions, reservations and rights of way now o£record, if any, -Ii ;17if�Fr r y and the above Wreathed premises said pelt , their hers and assign;against all and every h person r parsons lawfully { { ^ r 11, e,say put thereof,rise said party of the flat pert shall WARRANT AIM. 4_l y( ai` K' vt • IN WITNESS WHEREOF.The said party of the[rat part bath cause Rs, Ma\':sar'.4 . tG•.sa" 'I: '. �ty mbaAbed by It President.and lta terperste sal to be bereanb W % JJC �. 0 c i •ti Semtary,the day and ysrflrJt written. J/ T� t Atteir l,°6 rilini w ass s..a.n. �.hwi l 1'mYma STATE OP COLORADO, L sag ROUlDER Imo' r ' + Au et , /sae• ILksliPet eon,,anowledged before ms this 20th •':. > I p ad b16Q Kg$j"t 4 lIAllla C. Ackard sa j r � �.. A/r 1i. to Fa raider as i a7isipoo a%�. / O O= decals Farms, Inc. -41 nil? ;.[S= • 0 �!._ My notarialrhba :: wl C,,f,, r r.:y0 a ,mm Pehlke • t ' Na;MB� Wigwam a _ aPdrsr s.fras w.tga.b germ:ttrwt�+rs r ,,: 0:3 3 Rev. 5-60,No.9 # a OIL AND GAS LEASE AGREEMENT,Made and entered Into the 26th day of December 19 90 by and between Jerald W. Green and Kay Green. husband & wife: Richard M. Green and Dawn M. Green. husband 521 W. County Road 40, Berthoud CO.80513 & wife whose post office address is 1__—.. ,hereinafter called Lessor(whether one or more)and CLEAR FORK, INC. whose post office address is PP.O. Box 3095, Abilene, TX.hereinafter called Lessee: WITNESSETH,That the Lessor,for and in consideration of Ten and 00/100 DOLLARS cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted,demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining,exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with rights of way and easements for laying pipe lines,and erection of structures thereon to produce,save and take care of said products,all that certain tract of land situated In the County of WELD u wit: State of Colorado ,described as follows,to-wit: Township 4 North — Range 68 West, 6th P.M. Section 19: NW/4 and containing F 60 00 acres,more or less.` 1. It is agreed that this lease shall remain in force for a term ofTten years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continu- ously prosecuted on the leased premises or on acreage pooled therewith;and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety (90)days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such opera- tions at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as other- wise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the pri- mary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st.To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth (1/8)part of all oil produced and saved from the leased premises. 2nd.To pay Lessor one-eighth (1./8) of the gross proceeds each year, payable quarterly, for the gas from each well where gas only is found, while the same is being used off the premises, and if used in the manufacture of gasoline a royalty of one-eighth (1/8),payable monthly at the prevailing market rate for gas. 3rd.To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date sorb well is shot to and thereafter on or before the anniversary dale of this Rase during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties (including any shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall be liable for any act pr omission of any other leasehold owner, 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the lease- hold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land,lease or leases- Likewise,units previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re- working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein speci- fied, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing,Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agree- ment. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan-then the produc- tion allocated to any particular tract of land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land:and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee, 13. All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or If such failure is the result of,any such Law,Order,Rule or Regulation.1 ants and agrees to defend the title to the lands 4time to rede mo for Lessor, br hereby ey payment, any mortgages, taxes or other liens hon the above erein descri beddescribed lands,inithe event of default,and agrees that te Lessee shall havetohe rigt at any f paymment by Lessor and be subrogateetto the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs,successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fall to execute this lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor- The word "Lessor," as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. INI{WITNESS WHEREOF,this instrument is executed as of the date first above written. 4,ee21c-LING t/ jr 04en4 /5/ LsTAkc: A 6.7-4<a) ocroere 1, 14").0 Antic 1 of Mc roccatiAk6, )SnX CW(ci.,atot O LC I.a4(1 V" 1 ` [C-Go- _ ph W, GREEEN SSib x29-fe -6116 ,RJ1ARn M GRFFN � Set i5Y- 3G- 1303 �)Cf-tr17c4_ Y111 bn0,-, _ GREEN SS4� $(jBJAYI � DAWN M GREEN 4Ret IS HEREBY !AGREED, THA U*THE EXPIRATION OF THIS LEASE, THE tesseR HAS THE OPTION TO RENEW 3 LEASE FOR AN ADDITIONAL TWO (2) YEAR PERIOD. Lea,;�z 920033 Printed by P&M Printing(303)893.1681 STATE OF COLORADO 7` Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, COUNTY OF I ss. Nebraska, North Dakota.South Dakota La r;mer ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME,the undersigned,a No blic,in and for said County and State,on this 4th January �§��'�' day of Mann , 19 All ,personallyappeared JERALD W. GREEN & KAY GREEN, husband & wife �.,a orrunnn a r•o>;cr, s txn _- N, b'tsband & tr-ife and --- ,tome known to be thz idcaticcl person S ,de^=gibed in and who executed the within and foregoing instrument of writing and acknowledged tome that they duly executed the same as their free and voluntary act and deed fir the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my otarial seal t a d ear last above written, My Commission Expires /7- /V-9.3 • � -61 , c4 EY ../..r.„---- .� Notary Public. Address: s /g Wittze/1fGsc,2 �w as,,, hd Isla STATE OF Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, I COUNTY OF ss. Nebraska, North Dakota, South Dakota ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this day of , 19 ,personally appeared and ,to me known to be the identical person ,described in and who excuted the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WI I NESS WHEtehai, .' nave hereunto set lily hand am) ails NI my nn:anal seai th... day and year last above written. My Commission Expires Notary Public. Address: STATE OF ACKNOWLEDGMENT(For use by Corporation) COUNTY OF }as On this day of ,A.D. 19 , before me personally appeared ,to me personally known,who,being by me duly sworn,did say that he is the of and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Witness my hand and seal this day of ,A.D. 19 Notary Public. (SEAL) Address: My C'nm mission expires 174 J O _T 0 V J ON _. O U v . u. 6T D y T V 4-. J C_ a ° U O >. O V C P. • s C Jo O U O F m o E O O a CL t•` '� O a, u V U.. ea O 4.3 Y Y u. U ° 3 u O O C 7 s v ° E J 0J c v v ¢u E lE o O n o u.y t— C 7 r a >° m ..9-.: 9 33 7 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS RE �f SURFACE ESTATE Application No. RC- - Subject Property TO-) 4k) - (Z (060.,0 - Scc. l9 - lout y9. STATE OF COLORADO ) ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The regoing instrument was subscribed and sworn to before me thi ' day of t(inf)✓72 , 199„2 WITNESS my ha(nd an ; ial seal. My Commission Expires:24-_4 V Not i 920933 8 x14 NAMES OF PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 Wad COOkirt PAuc L G(1JGE21C14 f • 0. doX 303 I3ERTHoLPo. Co 80513 I0(vl- Iq(-oo041 _IPA D,coi EL Ido°bEC 550E . Hwy 5lo 6CL-THoUID, Co ' cis&3 IO4,I- I - 00042. TOLL Slrc FR 2.mS 174 S. MoN 13F DEIJVc2 , Co 2bzo9 104 i- 14 - 00040 I-}ALLEY CA 21ol_L_ I 19350 WC?; I , SERB-30u°. Co 80S13 Iii-0003y GA2 C, W yC0 FF, 3z1 5, CouNry i;uS Rd.. UEETI-k)(10,Cc) 2066 Io(01- I t- obv5b BE2Tttou17 Guu CLu6, 5101 s. 1.owA , LoO Qt, Co SO531 oobc,z, BE211-1-0 O Guu CL(l6 5101 5 , TOwA , LouELR'JD , Co go 537 IOCO1 - Ii.-00003 TOGUI,J of G'3E2rt+ou0, P,o . '3ox lzzq , 6GET1+Uu0 , Co &D5(3 Iolol - l4l - t000ct IlHI1.@Utr K0ol-5 2l1 . 0031 c.Huly 51) er-Trriout, Co f5o513 1041 - i13--oo016 IA) IL6 U12.1-- ool...- TEA1 0o31 F, I4w 5le Beertfoun , ('e ?os13 1061 - I$-000lb A MELIA N)AQA Hic.Lo P.o. 6604 2z.5 Devarrtou0 . Cc WO5t3 1 (561- 18-000t7 'ADM EN2ic{-tr 443f) LAeZAJ Co 80301 0001`1 c eenLo + Sa5Au 11(GoQ5R-IJ 4`S9 E Hwy 5t . OE RI-1+0U° C[o Sfv,,543 I ula i - 18-0005 9 P 1-I I L Pe tc, o 324- E FI LO\ 640 Jae, en-to u0 . Co b 14 1061 - I k -O0005D I f121nc>Z Cou,vry AwR-eICt. L /41,31) dAc&LULIa Sego Hwy 5(0 13crntuaD , CO X)5I. 94244-co- cc)/ LA ,1 CM240- 00-00 C- AQ-( 4 PAULA LAN CoFP -321 5, CNiv Love ,Ccl ft,rW-oaD , Co co573 q.4Z4o O°--0DZ IOW° OF I3elrrtiouo Q. 0• Sic LZz9 Y)ELlNoa0 . Co t3 94i. e -o zz_ I g4134-orqzs 930933 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS i MINERALS AND/OR SUBSURFACE ESTATE Application No. ^L - Nil Subject Property -"US (4n) - R los C ) "- JCC I i - kHO 4 STATE OF COLORADO ) ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. ( , The foregoing instrument was subscribed and sworn to before me thiay of /' 1G/077AjF� 2, l9 WITNESS my hand and offi 'al seal . s `ti My Commission Expires: _3—T- qr v otary 920933 a-6 !a NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type - NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE \"1/41106/2-3 \lt24LD u1 . KAY 6Q ,z/ W Cowv I3c/zniou0 Co xb55 12irl-F-0-en M iLitio DAwue K. 6 7242 Zi °WAS. /aueo2A . Co %tz3/ CCCAQL C=DR-K, LNC P.c. 130y, 3D4'S AnILajs :TX Two NICArz. c n-SG izlz0l4o — zzlzb/9z 920033 Aft 1\4 :, DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO DATE: December 28, 1992 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RE-1472 An application has been received by the Department of Planning Services concerning the request of: NAME: Jerald W. and Kay Green FOR: Recorded Exemption LEGAL DESCRIPTION: Part of the NW4 of Section 19, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast corner of Highway 56 and Weld County Road 1. The request is to divide a 152 acre parcel of land into two parcels of 147 acres and 5 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. 930053 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Jerald W. and Kay Green RE-1472 Paul E. Gingerich P.O. Box 303 Berthoud, CO 80513 Ira Daniel Hooker 550 E. Highway 56 Berthoud, CO 80513 Tollgate Farms 179 S. Monroe Denver, CO 80209 Halley Carroll 19858 WCR 1 Berthoud, CO 80513 Gary C. Wycoff 321 S. County Line Road Berthoud, CO 80513 Berthoud Gun Club 5101 S. Iowa Loveland, CO 80513 Town of Berthoud P.O. Box 1229 Berthoud, CO 80513 Wilburt Koolstra 0031 E. Highway 56 Berthoud, CO 80513 Amelia Jaramillo P.O. Box 225 Berthoud, CO 80513 Don Enright 4430 Lariat Way Boulder, CO 80301 Gerald and Susan McGovern 489 E. Highway 56 Berthoud, CO 80513 920933 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Jerald W. and Kay Green RE-1472 Phil Pennock 329 E. Highway 56 Berthoud, CO 80513 Lawrence L. and Jacquilin Bebo 825 E. Highway 56 Berthoud, CO 80513 920 REFERRAL LIST NAME: Jerald W. and Kay Green CASE NUMBER: RE-1472 REFERRALS SENT: December 28, 1992 REFERRALS TO BE RECEIVED BY: January 6, 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 _Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Highway Department Hudson Historical Society _ _ Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 ____Longmont Berthoud F-2 _Mead _ 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 Boulder _ Platteville F-13 X 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 West Adams COMMISSION/BOARD MEMBER 920033 DC\fir DEPARTMENT OF PLANNING SERVICES WI ID PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO December 28, 1992 CASE NUMBER: RE-1472 TO WHOM IT MAY CONCERN: Enclosed is an application from Jerald W. and Kay Green for a Recorded Exemption. The parcel of land is described as part of the NW4 of Section 19, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Highway 56 and Weld County Road 1. 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 January 6, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley 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: 920933 (it mEMORAnDU Nancy L. Kirkley To Weld County Planning Date January 5, 1993 COLORADO " �✓C e. From John S. Pickle, M.S.E.H. , Director, EnvirontAntalHealt Subplot Case Number: RE-1472 Name: Green, Jerald and Kay Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. JSP/011 X409 33 C\;-- : Kit n PARTMENT OF PLANNING SERVICES a %,,,,c ; r, PHONE (303)353-3845, EXT. 3540 r 3 : WELD COUNTY ADMINISTRATIVE OFFICES d 1400 N. 17TH AVENUE � Iiiipe f i 7n r. GREELEY, COLORADO 80631 COLORADO as g mtilrl� JAN 1 3 1993 li December 28, 1992 CASE NUMBER: RE-147 'MAO n ,ni.olann(nn TO WHOM IT MAY CONCERN: Enclosed is an application from Jerald W. and Kay Green for a Recorded Exemption. The parcel of land is described as part of the NW4 of Section 19, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the southeast corner of Highway 56 and Weld County Road 1. 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 January 6, 1993, so that we may give full consideration to your recommendation. Please call Nancy L. Kirkley 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. N We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ( ,,v -72, '- Agency:, i/LGm.e.. , ,'2415 All„,,,_,_ / -L.I Date x �rii7l:7�7 2 92 933 �� --L.-, . XL-z-z .r..�-z G--:'"z.,.._ - j��yt�.C-z.r_r 44; 2E4t / P6r7` , fritrin c--, - 61/d ` >._S4'L.,l iti [yrL Ct. t 11- itt T DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, ON ORA O8 UE 631 GREELEY, COLORADO80631 COLORADO December 28, 1992 Jerald W. and Kay Green 521 W. County Road 4E Berthoud, CO 80513 Subject: Recorded Exemption - RE-1472 Dear Mr. and Mrs. Green: Your recorded exemption application is complete and in order and will be processed on or before January 22, 1993. If it is determined that the application meets 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 exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please feel free to call me. Sincerely, n .1i Nancy L. Kirkley _772 ) Current Planner UJ NLK/bjs ( "0, S. DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3645, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. ON ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO January 15, 1993 Mr. Jerald Green 521 W. County Road 4E Berthoud, CO 80513 Subject: RE-1472 - Request for a Recorded Exemption on a parcel of land described as part of the NW4 of Section 19, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Green: I have scheduled a meeting with the Board of County Commissioners on Wednesday, January 20, 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, Nanc L.`'Kirkley (-5 Current Planner 97093,3 January 8 , 1993 Ms . Nancy L . Kirkley, Current Planner Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 RE: Case number RE-1472 Dear Ms . Kirkley: This letter is in response to your notice of December 28 , 1992 concerning the proposed division of the property at the Southeast corner of Highway 56 and Weld County Road 1 . As a surrounding property owner we are submitting this letter with our concerns . The Berthoud Gun Club, Inc . , requests the following restrictions : 1 . On the new plat of the proposed division, if there is one, a notation that an active gun club has been operating and will continue to operate at a location adjacent to the property in question one-half mile south of Highway 56 on Weld County Road 1 . 2 . Open space, buffer zone, berm or other device designed to lessen noise. Such open space should be at least 800 feet minimum width along the common property line. 3 . Any construction or residence be set back a minimum distance of 1 , 000 feet from the common property line. Please note the change of address for the Berthoud Gun Club, Inc: 1245 Eilene Place, Loveland, Colorado 80537 . Should you have any questions please feel free to contact me at that address . Sincerely : Martin Dreith, Secretary/Treasurer '4M1A.V.a.‘ ILL! 1 1 1993 It a r-R 1 n-,... _ _ January 11 , 93 Daisy Lane Dairy 2538 E . Hwy . 56 Berthoud , CO 80513 Dept . of Planning Ser . Nancy L . Kirkley , Current Planner 1400 N . 17th Ave . Greeley , CO . 80631 Dear Ms . Kirkley ; This letter is in addition to the telephone response concerning a request to divide 5 acres off a 152 acre farm that is owned by Jerald W. and Kay Green , that is located accross the highway from our property at 0031 E . Hwy . 56 . As I stated on the phone we don ' t have any problem with the division , but are somewhat apprehensive due to the fact we own a dairy accross the highway . Our dairy has been there for 20 plus years . It has been our sole means of making a living . We would like it to go on the record that 'who ever buys that property be informed in writing by Jerald Green that there is a dairy pre—existing , and also be made aware that a dairy also has dust , flies , odor , truck traffic , etc . , and that the dairy has "no" plans to leave . Who ever buys this property should also realize this is agriculture zoned and it isn ' t going to be city limit living in a country setting . There are already subdivisions in the Berthoud area that would provide people with that kind of living . (Protective covenants , and rulings that would allow them to have a semi ag surrounding . )They should realize that just as industrial zoning you expect industry , in ag zoning you expect agricultural businesses . It is to bad the public is not better versed on the sophistication of agriculture today and want to believe that a farm is a cow , a few chickens , some sheep and a nicely , not to bright gentleman who is more interested in going fishing than taking care of the farm, taking care of it all . The complication of todays agri-world is not displayed to the average public so we find ourselves fearful when faced with dealing with an uneducated in our business person who has no understanding of the complexity or investment involved in agriculture today . It is to bad that agriculture is still thought of as a way of life , instead of what it is a business . It should also be noted that at different seasons of the year a person could be very easily misled as to the enviorment they were buying . During some seasons there is pesticide and herbicides applie4 to the farm around them, insects are seasonal , work with manure etc . is some what seasonal etc . . We feel it would be in the best interest of all if information was manditory to the prospective buyer . Sincerely , LAN kiL 13--�-�Wilbert and Marie Koolstra goo�+ -w nNowina Owners of Daisy Lane Dairy 920933 MEMy CAR.._ EVANS from the desk of: Planning Department e;c_y_ntyytev, .. , TO: L DATE: I/1,2/�- 4,-, v 1 C� C7 ,-2, ❑FOR YOUR COMMENTS VI'FO R INFORMATION QC Q 77 ❑FOR YOUR APPROVAL O NOTE&RETURN , E.� f� (f oL, ❑TAKE APPROPRIATE ACTION O NOTE&FILE ❑CALL ME 498-7688 O FOR YOUR SIGNATURE ❑SEE ME O ��S G �vZ) CIREPLY&SEND ME COPY O i COMMENTS: � ``��_� � � C' -C_' 6 Vl n (/...CS (c�& ✓Xl�q( 1� QCl (but- r°b71-n& L(�r-,i Ewe/1 e cr f v�eA°�r�rn L494Gz�.6-,..--S *1 ET- 7a-, / LCPZ-53(2/86) Planning Division A Commitment To Progress John L. Barnett, Director _rAW Post Office Box 1190 Fort Collins Colorado 80522 " Planning 498-7683 LARIMER COUNTY COLORADO ? Ins • Planning 498-7683 t 8-7985 e JAN 1993 �( i S 13 (/ January 7 , 1993 Pd., `c•1i;E� a e r s • f t rv. ^ ' • OF PUBLIC wOKs J" i� 2 199,E Elaine Spencer Larimer County br✓. Engineering ,�- t ! Find enclosed various proposals as submitted to this office . Please rev iew an d applicable . as PROPOSALS ENCLOSED : "10Wrigiitir• 4014,0g99 COMMENTS REQUIRED BY : ' January 21 , 1993 NOTE : Colorado Statutes state that failure of a referral agency to respond within thirty-five days after the mailing by the County shall be deemed an approval of the submitted plan . MEETING TYPE : None - For Your Comments Only MEETING LOCATION : MEETING DATE : MEETING TIME : Please send a copy of your comments to the applicant ( s ) . Address as shown on the attached Larimer County ADAPT Summary . rig 3 as sou-/'-124 Carol Evans rxd � � /Grru 0� �J G� E , 7:W in ` /� � C llhG� t, iX (4i (Off C� err19 1-1 County Planner Uw (bo par ;) , wifr " 17/2"---e fr44/tt r ?uifi jdfteininio , )1 JAN 2 5 1993 •n,,!, P-fv,, («tniFAe • BOARD OF COUNTY COMMISSIONERS M. J. "Moe" Mekelburg Daryle W. Klassen Courtivn W. Hotchkiss _. _ . . .. District III Hello