The URL can be used to link to this page

Browse Search

Home My WebLink About930320.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1479 - WILLIAM AND NOBLET DANKS 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. 1479, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1479 was submitted by William and Noblet Danks for property which is located in part of the SW* of Section 6, Township 4 North, Range 63 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 155 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. Prior to recording the plat, the applicant shall submit evidence that an ISDS evaluation has been completed by the Weld County Health Department on all existing septic systems. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 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. 930320 ,PE, 470 RE: RE #1479 - DANKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of April, A.D. , 1993. G�/v 1/(/� BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County Clerk to th , Board �' �r�y J, C pAZ„� Constance L. HaSb rt, C airman 7‘.,[6,1 / aY: �, ��QQ{ Deputy Clerk to the Board W. H Webs er, o-Tem APPROV S TO FORM: Georg . Baxter `� ounty Attorn y e K. Half �{ �_ _1412./AAYti� arbara S. Kirkmey r 930320 40 to \(. 44;i: DEPARTMENT OF PLANNING SERVICES 5 PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 14, 1993 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1479. Dear Commissioners: This request for a recorded exemption is submitted by William and Noblet Danks. The parcel of land is described as the SW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. The property is located on the east side of Weld County Road 61, one-half mile south of Weld County Road 50. The request is to divide the property into two parcels of 155 acres and 5 acres, more or less. There is an existing residence and other accessory structures located on the proposed 5 acre parcel. The applicants have also applied for a recorded exemption on the adjacent 160 acres in the northwest quarter of this section being considered as Recorded Exemption 1480. Central Weld Water District provides domestic water service to the property. Sewage disposal is proposed as septic systems. The Weld County Health Department has no objections to this request. The Department of Planning Services' staff recommends approval of this request. It is the opinion of the staff that this request complies with the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance. Our office received a letter from Mr. Roy Rothe, a surrounding property owner. Mr. Rothe has requested that a child proof fence be erected between the existing residences and the ditch on Weld County Roads 61 and 50. The staff would like the Board to consider Mr. Rothe's request and take whatever action it deems necessary. Sincerely, Chuck Cunliffe, AICP Director CAC/sfr 930320 CONDITIONS OF APPROVAL William and Noblet Danks RE-1479 1. The applicants 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 (6) 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 septic system and shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) Regulations. 3. Prior to recording the plat, the applicant shall submit evidence that an ISDS evaluation has been completed by the Weld County Health Department on all existing septic systems. 9::1:13M Kersey, Colo. March 25 , 1993 Dept. of Planning Services 1400 N. 17th. Ave. Greeley, Colo. Att; Chuck Cunliffe-Director Case Number; RE-1479 Legal Description SW4 Sec . 6-4-63 Weld County, Colo . Road 61 Request to divide 160 acre parcel Case Number RE-1480 Legal Description NW4 Sec . 6-4-63 Weld Coa.ity ,. Colo. Road 50 Request to divide 160 acre parcel. T am writing in regard to the above requests. I am very concerned about the open irrigation ditch that runs in front of the residences on road 61 and road 50, if they are separeted from the farm land. I would like to go on record as saying that I will not be responsible for any accident in or near my irrigation ditch. I would request that the persons wishing to divide the above properties erect a child proof fence between the residences and my ditch, leaving room for me to properly maintain my irrigation ditch. T accept no responsibility for maintaining the crossings over my irrigation ditch to any and all of the above residences. No water will be siphoned from my irrigation ditch for the purpose of irrigating the above proposed divided 5 acre and 6 acre parcels. Sincer , Roy W. Rothe fl MAR 2 6 1993 111 Nerd Caen!!naming 9300 • e \ •M [ 1 A 9AAFITIET L: ILUCERNE SR ••• I • • I rY I ? !!•. D1JLii • ` ea ' kJ!pR_I r® r x 'Ai I� \GIL;tilt 1 /Ir/ -�. _ _ _•_L_ reill wi '�i t a• S-km is 1. V✓' I _ ] milINW• cm Tan FIT-oh BR;111 ilIM: . ,___Th:gy eirtajitisseang . r ir '14.7. -•, .. --_-. r ... 0. '1 SID APIA( / r•Nlitn-,,.......outia aim it i r(i..0/..1 NS I'. �,,A -'- '*1.1"!..11-14- ' =rla� �I��e . II• / I R Ale SIM • ,4II I r • Norf �� -��• oa°° • � ,^ i' 1 �'� / • d \�`a �[ornam Ai • Normat. . .cr.._}L., vi:Joe° : \\ • :;,_A •[a,a•"• ; • •- ,Ir.' -- -_.ry_ _ �I (�17'• w1 ' ; u' ,• ,ill •_____ - _ •. ._ r I; . :: . I "'-onto �. 1• o Et , ��I ••• . •• o l w(c• u w °�� n! ! ' I 'ze =I SS a li It MI a I aam ._,,,„•, f•col-+ ! I I n a a n a r zp- •�/ • 1, • in _= v az u r v I— a L ' : : , aIt 7 f�;;,iJyl • • • I a J 1 I 1 20 11/4 w II Il it ]• ! 11 7. '• =e SI ! I na n a ° O0p L _ I �, _- 4570 - N .'' q. 8 �I B 34 tCleIT 15 N .x4571 — _ — __ 'tx t 8 Ditch • °'114584 _ 1.__L-,,,„,--4±-2-,._-/7-- -- --- 5 45 G9 J p�� L,r� o W e l , h • �s90 (Old l z• el'.t \ II oWell o •/ 4578• °• 1I'I 31 3 weu .33 36 4ssow, �^ i' 0 ° �� /L, 4580 '\ ro t iy57 Il' 4ssn. \ 3 o t D tn x v IS 0 TI ` 452»/0 / Ii a. II 6p0 ( ��eY �O tr 459 ° \� - _ _ ;14568 — -- - —. iii: 4599 — -- -- - 456 _ -s 4981 S � \la II \ LAi ' - - \..r ,......„. oc. ali,isoot { \_ �� '-- oA O . ,-Z' (- i . _ \, • I q(-------,,,,_ -,- t419 , '‘,..„..(,_ `-___ ( ‘\ / / + { —� _—�7,77 I- 85 ./ kgc. 48--itiik, ' ,, . . ...._., . _7,\.‘„, i,.._ _,,, ,,.,,, \ ._, \ --, .. . , Wello .., A� (`-v�I O. ,, �/ �� `�� rn 4608 ti _ _- Vr" Q -- I 8Windmills . �' - p o Wel ---_ 4621 25 466'7 Co 8 (- .r�J I1 � �-� � �� \� I 2 l �I \ • 4700 Sip " ' 'w,,, 1 / \ 4700 _ � \ `. I X 66. 8W,indmill \./ - u� +637 _ -_ U 1 \ \-. x'`630 • ,,a •,., i- \ , -----\, "',I ,1\\ ` / gy , a:4,„,,,,,,,,,,,,,.....,,,,,,,,,,,4.,;w,4� :,s-ax& '`ss .4,,I5 xa, ...§:o,z's..:. F'.. ',-' -,*.' .xy,.i., -"I : _ • .. � 1 i... .',,,-. -u�i>i,,:,..,,,, r,.`'.,,.,<:+=„ :akz ;.� {:"' v;. ° --..,w'NY.,s»'+'+`a�e--1ix fil' tr: :,,'xk,,..i34'-i 4.v'.`r`6—„;:";•t:',t,',. . '' _A.„,, :A , ₹ 0 , „. . i „. 1.,,-. „ 3` . q :il < '. ;a fir' : w. a' x mfg M s'� :w" z .,> '',.,.≥ V< P '>."3" ,,, f;,,,o, :R' : '4 �:q ;,y. .. `..i: 1,r•l'a' ' , `' f.,K�. ',mac y "t (` .' z"< :,e' ._ I, ' . ,',' i ; .' . -`• ....1.r----•,-;T. --:.. ... : ..:.::...... ..,•...-:44,.,N‘rro..... ..;.,,,m•,....:":....4-.,,4,••,. ...,,,,.:.•::„. i...,..., '-',. , :,:" ' "„ 7�`fps. � y - ...r:.•_y \ = rYi: *,,,,—;m • s • :T� • a i:",. " >, x ;: '.»., f: 6 ix: .'ti'. lei, .:1„,, . ;:, f.'", ` .-k 'Y;if :,:?°_ :: 'jc; ';£ ; e } . _,"•,.:x,:., .✓] , ,O.,,,,,,,,,,,-,,,,, : `"fit ,.iltt _ I, <• :,, ; '4 ' :a a 4 iy.. : i S' o-^'r 'Y£' F 1 i, ' s ' .�� y r f ` i - . ' .. .§ f'3 , 5 Si f4. Rd � . 6Y'Y .. ,. +i' =FH «� •••• ` 3Xii .. p CV r3'; v< 5 yam, 4 a.. ... *tottfi�. ./.. ,4-, .".. •.',1 :$" •1 .1•,<$B. ,,5::-r'wi'- -:' 4t+,.. ...sss��""" ` ,...\ W-,•F , :.. 'C'',.. . -'4' • - r. N.,..,?:iz f ' `�t'a. h° y"j c' ...a' 1.tl F:a '"°,.». $ ' : r.-- ` '' `'.. ,,.S::,'Fz" ,. , n '� '•�� °.,w"'rye'` Y'x4 `, S i- i} ;g' ..,+,. 'd' ;'^� w .% a a ..�_, a .3.�... .'i�a.•a � ,r`,�.;, � • '�-" ..`y • ...„ `', r- a" _ A. ens--�'f.. e ..s:€.- . 14+ 3, y t'-'•,f A`i"5,:kh ' • ,�:p,`:: ' ADMINISTRATIVE REVIEW FLOW SHEET CASE # APPLICANT : Uh j ) .t v, (1 No6e+ Dnc REQUEST : tc (Orr e j [ . yf ,pT (_ I-1 i LEGAL : 5W I/4 ?ipc (p , t4hs) ftLaT3 \pL \IL___________________________ , LOCATION : Oil *c- \k1g w l 0O, Dux. 17 tY1,L c' g1 (7#"' WeRSO Date By a Application received 3/02 (/9- let i Application complete -�/11 Letter to applicant drafted 3 li 7 ,3 Yel7 Referrals listed3/�- Cj '-7-1,,‘- xec File assembled -5 rC H WC -' Letter to applicant mailed . 3 -515 3 -515 zi . Referrals mailed 3 -5 -q3 eae--. Cha ind ex ed 3—'553 eta ) i DPS recommendation drafted reCOY19,444‘ cit44tt Administrative Review decision : YOUlkitAiiiii i .447) eft #17 CAV / I 1 itris 3-cf/96) History card completed �' U COMMISSIONERS ' HEARING DATE : ill 14 43 Date By , Air photo and maps prepared Field check by DPS staff e61 CC Action : Nyr criv l'-1 e,* 4 1II -- . CC resolution received History card completed Recorded on maps and /or filed 5— 1 7 - 3 .X/ck) f loo . C APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: q r-t 1 ' APPL. FEE CASE NO. RE - nl 1 � 61 RECORDING FEE ZONING DISTRICT Y\CLk -wrap RECEIPT NO. )9a2A, DATE �j/G12, APPL. CHECKED BY Lj/tl'1 I tt �l�l 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: Southwest Quarter (SW-1/4), Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, CO TOTAL ACREAGE: 160 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x Is this parcel of land under consideration the total contigu )y the applicant? Yes x No FEE OWNERS OF PROPERTY: MAR 1993 Name? William C. banks and Noblet B. banks unit'St .IflvPl#Afl�pA Address : 3033 East 1st Ave. #303, Denver, CO 80206 Phone• 377-5542 Name: Address : Phone: Name: Address: Phone: Parcel Proposed WATER SOURCE: Larger Central Weld Smaller Parcel Central Weld TYPE OF SEWER: Larger Parcel Proposed septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smaller Parcel. Rural Residence ACREAGE: Larger Parcel 155 Smaller Parcel 5 EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) } Wl A�Qnn Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of JcPSLCf ' , �t 19 (73 (SEAL) Notary Public Q ..fin 33 � /g C-21.--r . -.3C_- My Co:umission Expires t'e,71. 3; /`,7,76 930120 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Southwest Quarter (SW-1/4), Section 6, Township 4 North, Rg. 63 West of the 6th P.M., Weld County, CO 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. -- N The foregoing instrument was subscribed and sworn to before me this / day of , 1913 WITNESS my hand and official seal. Mr. ",‘ My Commission • I i c BO WE 1 : j NBFIENAUER ' i ry 3 Public� ti, , 111`ti ` ,'�!' 930320 PARCEL# : 105106000014 ' I# : 0061388 OCCUPANCY CODE RESIDENTIAL OWNER(S) : TURMAN LOUIS W & SUSAN C OWN ADDR: 30770 WCR 50 KERSEY ,CO 80644- LEGAL : 7397-B PT NE4NE4 6 4 63 BEG NE COR OF SEC THENCE N89D58 'W 696 . 81 ' TO TRUE POB CONT N89D58'W 500. 69 ' S0D01 'W 174 ' S89D58 'W 500 . 69 ' NOD01 'E 174 ' TO TRUE PARCEL# : 105106000013 PIN# : 0061488 OCCUPANCY CODE: OWNER(S) : MC CAULEY C W & JUANITA L OWN ADDR: 26784 WELD CO RD 45-1/2 GREELEY LEGAL : 7397 E2 6 4 63 EXC BEG N89D58'W 696 . 81 ' FROM NE CO 80631 COR OF SEC CONT N89058 'W 500. 69 ' SOD01 'W 174 ' S89D58 ' E 500. 69 ' NOD01 ' E 174 ' TO BEG L B REC PARCEL# : 105107000009 PIN# : 0045291 OCCUPANCY CODE: F OWNER(S) : FRASIER LARRY E & SANDRA OWN ADDR : 22955 WELD CO RD 61 KERSEY LEGAL: 7402-D SW4NE4 7 4 63 CO 80644- PARCEL# : 105107000010 PIN# : 0045391 OCCUPANCY CODE: F OWNER(S) : WAREHIME JULIA & CLINTON OWN ADDR: 118 1 ST KERSEY LEGAL: 7402 E2NE4 & NW4NE4 7 4 63 (2D) CO 80644 PARCEL# : 105107000004 PIN# : 4246186 OCCUPANCY CODE: OWNER(S) : FRANK WILLIAM B OWN ADDR: 1443 41 AVE GREELEY LEGAL : 7404 NW4 7 4 63 (SS5D2R) ,CO 80634- PARCEL# : 096336000017 PIN# : 4177386 OCCUPANCY CODE: F OWNER(S) : ROTHE FRANK W & MARY OWN ADDR: 1312 42 AV GREELEY LEGAL : 9560 SE4 36 5 64 EXC OG&M ( 1D4R) CO 80634- PARCEL# : 096531000012 PIN# : 4188286 OCCUPANCY CODE: F OWNER(S) : ROTHE ROY W OWN ADDR : 24334 WCR 61 KERSEY LEGAL: 7535 SW4 31 5 63 (4R) CO 80644 PARCEL# : 105301000027 PIN# : 0124791 OCCUPANCY CODE: F OWNER(S ) : HAUSE GREGORY A & LORI J OWN ADDR: 29742 WCR 50 KERSEY LEGAL : 8806 PT N2NE4 1 4 64 BEG NE COR OF SEC THENCE CO 80644- W1020. 54 ' TO TRUE POB CONT W366 .47 ' THENCE S02D47 'W 244. 14 ' S01D34 ' E 344. 75 ' THENCE S89D35 ' E PARCEL# : 105301000028 PIN# : 0124991 OCCUPANCY CODE : OWNER(S) : MILLAGE BROTHERS INC OWN ADDR: 22744 WCR 59 KERSEY LEGAL: 8806-A N2NE4 1 4 64 EXC E42 ' DEEDED TO WELD CO 80644- COUNTY BK 130 PG 172 ALSO EXC BEG NE COR OF SEC W1020. 54 ' TO TRUE POB THENCE CONT W366. 47 ' PARCEL# : 105301000013 PIN#: 4254186 OCCUPANCY CODE: F OWNER(S) : FOOS STEVEN P & LISA OWN ADDR: 23435 COUNTY RD 61 KERSEY LEGAL : 8808 SE4 1 4 64 (4R2D)%23435 WELD CO RD 61% CO 80644- PARCEL# : 105301000014 PIN# : 4254386 OCCUPANCY CODE: F OWNER(S) : REIN JOHN & MOLLIE OWN ADDR : 23679 WELD CO RD 61 KERSEY LEGAL: 8807 S2NE4 1 4 64 ( 1RID) %23679 WCR 61% CO 80644- 930320 $ECORDED EXEMPTI AFFIDAVIT OF INTEREST ...JNERS MINE$A1 S AND/OR SUIjSURFACE ESTATE Application No. Subject Property Southwest Quarter (SW-1/4), Section 6, Twn. 4 North, Range 63 West of 6th P.M., Weld County STATE OF COLORADO ) - ) se COUNTY OF WELD ) THE UNDERSICNED, being first duly sworn, states that Co the best of his or her knowledge the attached list is a true and accurate list of the names and addressee 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 this oi_"—` day of Lursrr 1993. WITNESS my band and official seal My Commission Expires: 72e✓: gi/996 Notary Public 3038 /.Gt /177.e303 Gov ev, Co fC/ lO G 930320 — — •' — eac� r t NAMES OF_KINERAL OWNERS AND LESSEES OF MIWERALS Please print or type NEM HOLDERNESS FARM ADDRESS, TOWN/CITY, STATE AND ZIP CODE Owner John Wit 1 i 1931 14th Avenue Greeley, CO 80631 Julianne Fisher Hapfel i 2008 18th Avenue Greeley, CO 8_0631 Joseph L . Haefel i 2008 18th Avenue Greeley, CO 80631 Lessee Gerrity Oil & Gas Exploration 4100 E . Mississippi #1200 Denver CO 811222 930120 TO: Weld County Department of Planning RE: Recorded Exemption Application for the SW-1/4 of Sec. 6 , Twn . 4 North, Rg. 63 West of 6th P.M. , Weld Co. OWNER: William C . Danks and Noblet B. Danks Item 4. We purchased this farm several years ago as an investment, and have no need for the improvements. Our current tenants of the improvements want to purchase the improvements for their principal residence. We are very interested in selling to them. Your consideration to this exemption would be greatly appreciated . Item 5. This proposal is consistent with the policies of the Weld County Compreshensive Plan because : (A) No lot has been created by a recorded exemption within the last 5 years (B) The smaller parcel is non productive agriculture land improved by a single family residence as it has been for many years. (C) The recorded exemption shall have access from Weld Co. Rd. 61 which is a county road right of way. Item 6 . This proposal is consistent with the intent of the Zone District which is agriculture. Item 7 . The large parcel will be operated as a farm agriculture unit as it has been used in the past. The small parcel will be used as a rural residence. Item 8. The uses permitted will be compatible with future development, because there has been no lot split within the last 5 years , and the land is surrounded by irrig. agriculture land and rural residences. It is unlikely that there would be any major future development in the area other than those approved by the planning and zoning regulations of Weld County. The location of this property will not affect any master plan of any municipality . Item 9 . This proposal is not inconsistent with the efficient and orderly development of the county. Item 10. The domestic water for the small parcel is supplied by Central Weld Water District (see letter attached) . Sewage disposal is by means of a septic system. The domestic water for the large parcel would be proposed Central Weld and the sewage disposal would be by means of a new septic system. Item 11 . To the best of our knowledge , the property under consideration is not located in a flood plain, and is not located in the Weld County Airport Overlay District. CENTRAL WELD COUNTY WATER DISTRICT January 19, 1993 William C. Danks 3033 E. 1st Ave. #303 Kersey, CO 80644 RE: Water Service Dear Mr. Danks: This letter is in response to your request for the availability of additional water service for the following described property: SW 1/4 Section 6, Township 4, Range 63 (2R-4 S). Water service is presently available to the above described property by tap number 330 located at Weld County Road 61 between Weld County Roads 48 & 50. Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT w�Ge✓X . Zadel eneral Manager JWZ/eaj 2235 2nd Avenue • Greeley. Colorado 80631 • (303) 352-1284 • John lade!. General ManagSZ O, 2fJ EZEMI 'house« existi acces Lot A - 5 Acs. M/L North ,)( oil well X oil well Existing " Southwest quarter (SW-1/4) Sec. 6, Twn. 4N, Rg. 63 West access -- ® Lot B — 155 Acres M/L oil tank eo X oil well Existing Access -� 930320 `/v* y ti iMy I i 'It 4 J it h- I ' �r ,6,• . t : ke, rPay - a \t\�.I�D yy a.. ..�.,...,. _ e P r t yy`• ilat�� axn r 4 � 1�1i� i,(' 4 t,10,�'yt ,. } t � w tVI•(1 0,.$ iRA'1g a '"(' S� q1 i i If }}�j j� �'y� r�4 " .1.,V,?‘); L�y +• t A�'elzyr KT'- Ems^ i'i ! n.:''''',.I..�` i'�k (f ! 1�!' 3 0 2.0 A t t.1.•��•� i r _ y ,/"1p1p!t oirvb in ly{ y t"yJry tt . ` FG .. _ • r 1� ` k 41y pSM1iSa .�� . ! • x] �'` �" kq r ear sa - �� ( Fx 11 µ N e rr s 5 {c �. A ' .+ �' • , �1T xtW 7. m, yiaFl r Ui �t �le !r. 4NL e r f. 4i r t � r;' • � C tr �� V p Is ! (, 'd7y F tG , c s 1 n A.},---;..4, Yittpt r 1 -•' - � " fl i +s 1�1 DI hi Y. t r>L i t .1,4:-...A':-'f r s� trv� �� sJ n� �L'1,.',:i.'''.:4-,..4.1,',t n� �� i.?;I ,�t� 7sn + f r-rR � ;Niel"G 7 t! 1 rL 1yi . ri �M q i,,,,..„...,:::.....:�� t , — t 1/ �h !ja - V iii !'` + ?+� 2 , .Z r'� : •,„),,p.,„ r ,' •'r' .a. •� �' y 1,,x ',I .C v t� r� p�"1 it _ J > � xx \ �� t �� ttt \ 111 0 n („5-:..„'-1,,,,j,;-,...:,.,.:ii.,54;I Af,�.� i +rr{7)7ees/i � '. , 1i1.11 i•1!! � y i • h ��U.3 yr '4 • • • at ° ,, rl�J I___. tE c' t) �t �' "i' c."45.,f .p!5 , ti� U:?;:3/4,..b.t.ici..,"t (x ! +e° - "�„1 ,�'P3�1 hl�jj rJq r ti 3P v �; ttii,,,,r. 0 iiiaof +v°ik`gv akE p t :.;i:� pna :,if{{pp + (�gr '' � / yet 1 1 ,�..p I-4' 3Ll 1:4:-: � ArkiaLr t ' ° 1 � $fin , , �� '� lftlji 1 1y,' x', a�. `M t2Y'I il; f 4 4t, ' "• r 14, rs i 4 Ysr�! y t c x ! 114 11 --/(°'C) lF 4.1 � rl• s�r'�t 7t?"7 sr AF, '"?' ' 4 ,} ! -v 1' /%` y .// ,s 'F T 6 R ,�ks #ip .'($UIr! 11 ! oy! l57 �3 ,°# O i �t t t� F� tIs '" f ki 1 J , 5,.',t t lb,F}ttl,i,p Kg I0., + l Y ' i .r re. (� >i I ,. , try , t , aiit; . e e9.(' 1,.......:1,.„4 1�� tip.13'�.� ``'c1 I QI rr� Y� -;/ Arj 4'::',,.'-'4;:... i , ta) t ;‘'V a� b ' . �''I' CQe�,^i \ 4.. - Ib � xA �r ••` � t.yIfr . ot�i r4 '� ��• tt i 'r )- l7 {----• ini •,%1•/1 t r t try to ic tinl�a i �~.,�h j �., 41 y ' .iti Sjt• " � � r A ' r Jam• . .. t _ I ! ,/� J} f . Y '1. r r1 .. r REFERRAL LIST NAME: William and Noblet Danks CASE NUMBER: RE-1479 REFERRALS SENT: March 5, 1993 REFERRALS TO BE RECEIVED BY: March 19, 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 _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 9.7,0320 mEmoRAnDum % ' ' !'� t' l9y Chuck Cunliff "n, "� To Weld County Planning Date March 9, 1993 e COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal Subjecttase Number: RE-1479 Name: Danks, William & Noblet 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. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. JSP/jg-444 920120 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-1479 for William and Noblet Danks in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 15 day of March, 1993. 930320 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS William and Noblet Danks RE-1480 Louis W. and Susan C. Turman 30770 Weld County Road 50 Kersey, CO 80644 C.W. and Juanita L. McCauley 26784 Weld County Road 45 1/2 Greeley, CO 80631 Larry E. and Sandra Frasier 22955 Weld County Road 61 Kersey, CO 80644 Julia and Clinton Warehime 118 1st Street Kersey, CO 80644 William B. Frank 1443 41st Avenue Greeley, CO 80634 Frank W. and Mary Rothe 1312 42nd Avenue Greeley, CO 80634 Roy Rothe 24334 Weld County Road 61 Kersey, CO 80644 Gregory A. and Lori J. Hause 29742 Weld County Road 50 Kersey, CO 80644 Millage Brothers Inc. 22744 Weld County Road 59 Kersey, CO 80644 Steven P. and Lisa Foos 23435 Weld County Road 61 Kersey, CO 80644 John and Mollie Rein 23679 Weld County Road 61 Kersey, CO 80644 930320 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS William and Noblet Danks RE-1480 Page 2 Basin Exploration, Inc. 370 17th Street, Suite 1800 Denver, CO 80202 930320 (itL• DEPARTMENT OF PLANNING SERVICES Wilp PHONE(303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA AVENUE COLORADO 80631 COLORADO DATE: March 15, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RE-1479 An application has been received by the Department of Planning Services concerning the request of: NAME: William and Noblet Danks FOR: Recorded Exemption LEGAL DESCRIPTION: SW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: On the east side of Weld County Road 61, approximately 1/2 mile south of Weld County Road 50. The request is to divide a 160 acre parcel of land into two parcels of 155 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 Chuck Cunliffe, Director. 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. 9430?20 FIELD CHECK FILING NUMBER: RE-1480 DATE OF INSPECTION: March 15, 1993 APPLICANT'S NAME: William and Noblet Danks REQUEST: A Recorded Exemption. LEGAL DESCRIPTION: The NW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: The southeast corner of Weld County Road 50 and Weld County Road 61. LAND USE: N Agriculture. E Agriculture. S Agriculture. W Agriculture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The submitted plot plan does not accurately show all of the existing improvements located on the property. There are three dwellings located on this property. One is the principal dwelling and two labor homes. Access is existing to Weld County Road 50 which is a gravel surface road. There is oil and gas production equipment located on the property. The property appears to have been in agricultural production last year. The property in this area appears to be in at least 80 acre parcels with existing improvements located in the surrounding neighborhood. �l-` Director El annne. Order No. 8507512B 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: The SW1/4 of Section 6, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1752062 , Book 830 Reception No. 1764019 , Book 842 Reception No. 1792615 , Book 871 Reception No. 1792618 , Book 871 Reception No. 1854582 , Book cm Reception No. 01931209 , Book 1nn0 Reception No. 02131449 , Book 11RF, Reception No.02157311 , Book 1211 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 20th day of January , A.D. , 1993 . at 7:00 A.M. o'clock. Transamerica Title Insurance Company COMPANY By: Q, e AU HO ZED SIGNATUR 930120 • ii- • e f ( 1 - - - 4 T1 - - � . BOOK Reception No_ 1752062 MARY ANN FEUERSTEIN - _Recorder. e e 830 Recorded....._4.1.----° n•.I..k.QH., MAY 1.....1978 _ rl -- Tux&DEED, Made this - let day of '1av Recorder's Stamp - _ •-. I n 7kbetw E Pox.CORPORATION -._ --- ITH a corporation duly organised and exiting under and by virtue of the law. -- '- -- of Ow State of Colorado of the tint part,and JOHN WILLIAM -'- HAEFELI, JULIA ANN HAEFELI and JOSEPH L. - .-- - -_- .o • HAEFELI, Trustee - whom legetaddrnele 2008 18th Ave., Greeley la of the • Canty of Weld and state of ,..d Colorado of the second part: -. W lTNPSSETH,That the aebii valuable consideration and TEN part,id for NO/100 consideration of th..am of otneDoLLARS, - to the sold party of the ant part In hand paid by the said parties of the second part,the receipt whereof I.hare- __ ... by confessed and acknowledged,bath granted,bargained,said and conveyed,and by them preemie doW grant,bar- -- gain,maconvey and eonfinn unto the said parties of the second part, their heirs,and mains for- \•- 0 ## c ever,all of the following described let or parcel of land.situate.Linn and being in II - , r r„ of Weld rid tate' Colorado,to wit The Cast Half (El/2) and the Southwest Quarter (SW1/4) of Section Six (5), Township Pour (4) Nort , __ Rc: ge Sixty-three (63) West of the 5th P.M. together with 4-1/2 sha s ti of the capital stock of The Lower Latham Ditch Co. 3-1/2 shares of e - • Lower Latham Reservoir Company 2 shares of The Union Reservoir Comp y __ y and 4-1/2 shares of The Lower Latham Extension Ott h Company and 3 g ". irrigation wells, Registry Noe. 7166, 7167 and 7163; EXCEPTING there from 99/106 interest in and to the water which is producpepd from the Well 15 - 3316 F located in the Northeast Quarter (NE1/4) of the Nor -. east Quarter (NPrl/4) of Section 6, Township 3 North, Range 63 West o (''t - - • (Sl1/4) orMaaeti be 4eed to 1prigate 49 a res i tfte Soubheaat Quappt Q 3 , by ➢ North, �ange a3 Meat of tho 6th P, '' " - r..a.elem.nunte,dn.mherffor use by owner. `^' - - • TOGETHEH,wtth all and singular the bared-am:cto and sppurtenaotee thereunto belonging, or in anytime appaWetna,and the reversion or wantons, remainders, rents, Issues and profits thereof; end as the Wate, -- -' right,title,Interest,claim and deuund whet.erer of the said party of the tint part,either in law or equity.41* • ad tithe abase bargained premises with tie bareditwm4 and sVVurtenar,ees. ----- TO HAYS AND TO HOLD the said premises above bargained and described.with the appurtenances unto the said pan Ses of the...m,d part their hei and a:gn,forever.And the said - — -_:.. -.. The EP.H.Corpnratton • . — sparty of the first part,for and leepert, - uwssore,cloth covenant,grant,bargain,and agree to and with the said part ice of the second p pert, their holm and aaig,m,that at the time of the evading and delivery of them presents It Jewell - wised of the Pi=dm*above conveyed,sa of a good,suit,perfee:,al...,lute and indefeasible ante of IMereenm,to law,In fee simple,and lath good right,full power and lawful authority to grant.Mrgain,sell and'envoy the tine - '- b manner and form aforesaid,sod that the same are free and Ann from a.,former and other grants,bargains, - wa,tiees,taxes.assessments and iveumbrames of whatever kind or nature sinews: subject to existing __ encumbrances, current taxes a.^.^ n_.._._ .. record, --.._. - — j and the above bargained premises in the quiet and peaceable posaenion of the said parties of the second part , _ their heirs sad aealg.s,against all and every personor persons lawfully claimIng or to claim the whole _ or: ,'Mtp7((�the said party of the fleet part shall and will WARRANT AND FOREVER DEFEND. - ------ .. J,•O W **It.tee*pasEOP.The said party of the first part bath caused Its corporate name to be herWrb - a _ '_aoi.ep •dead by .0y r,, rnddent,and Its corporate we:to be hereunto affixed,attested by its r • -gq'.''toJoy.bIdaidpal•(.r tint above written _ .all_ r- r `lf• y t7.k•••• {a t. TM. E.P.H.C�O.HtPO TI021...-. tilt C�f� 00F COLORADO, y _-.� ( The,f wimp was acknowledged before Pb'tide ,4:41.7 -. da>of u_m . UO) 07 by t Edwin P. Haefeli I P Joseph L. Haefel. a. a tt/ pin t/soi. \,,, .. 4-• :The &PA.Corporation rpetjp9ruul My motorist eaarsd.elaa egpirse My Corx,:uwn ae.pbn'RII2's a kC •••• � ._..._.—•. Witness my hand sltitt Is J ttA „-- ' _ dehTJ 7X.a4L.f._.M�h9 .. onnw.... - M►eeMI. w m ..a wassail Pliit4sa —Orir* lee,Fo � w .w M .p.. .cr► an• - ;r...4,,..I - . ' . I t r .. Y_ 9 Y rte ;' r • Re • �'�,,�,( / Receedaa 71 w{r�rp-w A ils AUG 21 1979 ■ - •r 800K , r Lso,ptim No 19S4019 _, MARY ANN FIUERSTEIN .Rsmraa. S Sr Nao m all am bit tine prsssnts, That:,..._._..JULzA-.AtLl.klAS. P.S_.._..— ' .moLamateaseau-_..._.____.._..___......_.-_._.,agxaxnuwff.+« . a. .County oL__Naad.__._._._.-..and sate of CAloraf1.9..._.._._.._.._.._.... .._..tor the _c co gonslderetlon of._others_eavA..aaA...YALUAlle....¢vn.a1.AA.ralltot .4116..T.CN.3n..4_.NP..a24 _._-. p • t4, _ )a. --pm ------.........._____------------------------------- , oUan, - al '-- . _ . st`., In hand paid.hereby seats)and convey(s)to___JulJanne...Placlu r...)taatali a Truttee. , Ire.,,. - —4. .. ,.• whose street address h 2008...18.th.Avenge City or Town of .. .._;,;;r; _ an ai � County of__,_lielA.._...._...._.._.._ and the State of_ C9 lore.els._----__.___...-,_....,.the — _ O following real Weld tJ oproperty In the County of..._ and State of Colorado tu-wlh 4, An undivided one-third (1/3) interest in and to: -#"� - The East Half (E1/2) and the Southwest Quarter (SW1/4) arty Z of Section Six (6), Townahin Pour (4) North, Range C- I T_a Sixty-three (53) West of the 6th P.M. , Weld County, - t Colorado, together with 4-1/2 shares of the capital stock of The Lower Latham Ditch Co., 3-1/2 shares of ,. r The Lower Latham Reservoir Company, 2 shares of The • - '- -.:- Union Reservoir Company dad 4-1/2 shares of The Lower — - . _ --- Latham Extension Ditch Company, and 3 irrigation wells _ slo - Registry_.: Registry Nos. 7166, 7167 and 7165; 5XCEPT1Hn therefrom _ _ 'i• - _ 99/106 interest in and to the water which in nroduced ' .�,; — from the Well 05 - 3316 P Located in the Northeast '�-'- Quarter (NE1/4) of the Northeast nuarter (NE1/4) of Section Six (6), Township Three (3) North, Range Sixty- .__ three (63) West of the 6th P.M., to be used to irrigate 99 acres in the Southeast Quarter (SF.1/4) of Section _. Thirty-one (31), Township Five (5) North, Range Sixty- �_ ;?: - • three (63) West of Lie Ctl, f.'?. for use Lv owner - ji with all Its appurtenances and warrant(a) the title to the same,subject to Signed rNt. •I`� day of 'MtiY- ...A.D. 19_x_ _ . - .,fin... { w. In: e Presence of / _. r, -- rs`• • STATUTORY ACKNOWLEDGMENT • .;••,•C„w44 STATE OF COLORADO, u - y. _�_ g•--e-`:'es_ By taut iB_dnil%}lee faiwGument�as�cknuwledgod before me this The j`�f \ .Be)))a Witness my hand had official seal. 8 �- _.-- a' ,s.‘,........ O __ Weld _ a, ' • ' '�' V N eve My commission exp:rea...f..?at-es !'P79. • " • j-M•V.¢ tRol: 1f• - y ran 1„}a usyyyn WMeANiY DEED—sway w eta,xsm.r.0 wm�-..a a.r., ►}c,a�'� +�' a 9'?'fix tCe m-�iNk ',.j -' i t- . _ y w — - _ - • ' BOOK Rr.e, 71.. ..__ 3 _o'clock.�w JUN 51979 - . - - R 1r792fr15 w ":•-• • -terx I L Siu .r C.L ado Weld Ca.nyVCI.k 6 Ranvier ik - •_. _ - 6 _• - .. - - Reception Na -.,Records ' g 1118 Beta, Made GIs 4th day of June ', la the �� seven' r -- - ' yams at our isms ow summand sae hunted me y-nlrte, between JVHN WILLIAM HAREEM, ie _ .. : JULIAMW.PI&{(ER HAEFELI, TRUSTEE, and JOSEPH L. HAEFELI, TRUSTEE, as tenants - - - `- _... P in con of the : County of Weld .and Slaw of Colorado.of the feat pert,and :. .. '--__ OPDYKE AGENCY, INC., a Colorado corporation / 3 r '', t (` K - - --- -- ti of the County of Weld .and State of Colorado,of the second put: __ra H WITNESSETN,That the said puttee of the first pare for and in consideration of the sum of fad OTHER COMSr^::AATION ANu TEN DOLLARS, • tot .said party of the tint put le hand paid by the said part les of the second paR the recent whareaf b hereby confessed and acknowledged,have granted.bargained,sold and conveyed,an by thew Weseab do .... '. .n grant bargain,sell.convey end wmfwm mate eta said pat y M the rain.4 put heirs and assigns, I - p forever,all the!opens 4 dramtled lot or"mewl of lend situate nine end being In the Countyof Weld an I I es - -__ - mule of Ca:LiW,went The Mast Half (ES) and the Southwest Quarter (SA) of Section I - o Six (6),'Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., . _rJ t ,— ' together with 4-1/2 shares of the capital stock ..f Tne Lower Latham Ditch Co., kr- 3-1/2 shares of The Lower Latham Reservoir Company, 2 shares of The union Ft Reservoir Company and 4-1/2 .h of The Lower Latham Extension Ditch Company, em, .' to ' and 3 irrigation wells, Registry ')Yd6. rib7 era iLti4 5>,e lw.: therefrom ( _ u' 4 93/106 interest in and to the water shish re prode..tel from the Well e5 - 3316 F _ • located in the Northeast Quarter (h 4) of the Northeast Quarter (NES) of I p. ' _-_ Section 6, Township 4 North, Rano- ..3 West of the 6th n.m , to be used to irrigat M- I • ,m �.T _— 99 acres in the Southeast Quarter (SES) of section 31, Township 5 North, Penge ~ I g. -`1__ 63 West of the 6th P.M. for use by owner. Reserving however, to the Seller • - - all oil, gas and other minerals• and right of ingress and caress. • ti I TOGETHER wan ell and Answer the heradit...ea.and sips tenan.cs Memento belonging er In anywise t rt I' _ — Y - appertaining,and the re•tr..>rr and reversions.remainder and remainder.rents.Sauce end profits Sweet and en the — ''U mute tight title,Interest n claim a demand whatsoever of the said part, of the tint part either in law at eguly, I �r of.In and to the above bargained premises with the heredilunm su end appurtenances. 0 TO HAVE AND TO 3,0!D the sakisakipmemos above bargained ail m described.winryputenantb.unto tthesaki — __ -, - -' V part the ies e second panthelzMin and amens forever.And the said part r of Na Drat part.for _z. .. _, n s --�. ,,j�IVVV, hare,ewioa and adminbtretan,do es convuunt greet bargain and agree to and with the saki part eci it t of the second pan, their heirs and settees,that at the time of the anscalinp an delivery of these presents es well seized of the premises above conveyed,as of good,aura perfect,absolute and Indefeasible estate - - •- of unhessWe6 la In w,N fee simpler an ha 9 good right fel power and lawful auswriauthorityto grant bargain.sin end menus the same In manna and tons aforesaid,and that the same an free and clear from all forma and orbs granb, bargains,uiee,liens, taxes,eeesmemts sod incembrancee of whatever kind or nature mews: and the above premises,in the quiet and peaceable possession of the raid past Is of the second Pan,their help 1 _ — and assigns,against all and every any put thereof,ths -- 'hnun d pill WARRANT claiming or:E claim the whole orl • }rt-. _ - - said party of the(inn part atoll and will AND FOREVER DEFEND, — ' IN WITNESS WHEREOF,The said part:. of the tint put has hereunto set hand sad 'Mee "'t , seal the day and year first above written _ - -' Signed,Sealed and Delivered In the Presence of s — ........__ kIY.`ett.T+HACFEL .. EA ) JF'Yl Rwt ^I.I Ti-uatee....._ `^ (SEAL)I _ _ .__..—mac JFf6EFl/L IIAF * h t - i._ STATE OF COL ORtDJ, -2( Comilla Weld (•a Junha foregoing iosuwnent wee..r:.teelec;, b set me tAln._..4th•_,,,_yy I rip ` • - .. r .4 each ids•—.._.__........_.. ID.79pay ernHate Hee John William Pfle—Wi Aerfill,Icatee, end Joe L eefelia Truetpga end Witness nMy Hens—Official Seal. -- ,C Nb'. aSnrMl ,c pN.a-w.: s• A."� I, Z Notary 7ubIN ' _ y..,'/U Llt wryg r star Doerunevaty Foe } - ~' M.Ofq$9td[Yf'tp/fuWwe Tax Notkes..—..,r.rr.r.,..».....r......... .{anyUNrv,�.5_e191»r,�r,� I r• ' • : Z� 1?P { K - • • WARRANTY DL[tiwwaae woman see amen use. 9'U .-. .. ....-.r._ .... ___.«... I -. .r at _... • • w , R:: T I ._- •.__ - .. -�.. ._ _. a `. b' BOOK 1792618 h��* . Y* O K timelines N' _. ... _. 4"`e tl 1 t .. p Recorder. + Recaea.yt ..8 . . 1 k..Gw..x.. UN 5 1 beam�faitar m i ' 1�s DEED, xadWs.g3 4th dnaf June Recorder'.Stamp _ —. I io 19se betwa '.: o"r_ !. - OPDY13AGENCY, INC. -- I a corporation duly imbed end existing under rd by virtu*of the laws _. ' -_ stole Documentary Pee - of the State of 041or' it' of the Mt Part.and I a: seta JUN 51919 DONALD P. PP`mi EATERY YJl ypt'PL in joint tenancy • _ �..0,'. no whore legal addramL- (/Ju`� �' -� S ,C7.SD �. of the County a(' Weld and State of N Colorado e„t o[tba aocond pet: • L; - �1 - • WITNESBETH,That the said party of the(int pert,for and In consideration of the sum of F • Ahd - • OTHER CONSTDRRATYON and TEN DOLLARS, • — to the aid party of the find part in hand peld by the mid parties of the secant:part,the receipt whereof is hen. ••0 "DD - r • by coafcesd and acmrsiedged,bath granted,bargained,mid and....ay..I,and b)then'p,e..nhe sloth grant,bar- `O 4',,i ~_ - - - .O. 0 gain,sell,convey and confine mite the said part fag of the second part. their heirs,and gamine for O 're' _ 0 overall of the followingdearted lot or peal of laid,situate,lying and being in the lJ �tp ' O O County of Weld : and Beare of Colorado,to wit the c A of O WF O ,; Section 6, Township 0 North, Panne 63 West of the 6th P.H., together with two shares of o.3pita' �_: )r. stock of the lower Latham Ditch Company, two shares of the Lower Latham 82 R`. Extension Ditch Company, and two shares of the. Lower Latham Reservoir Company, to y _ in 1 and an irrigation well, registry 471688, Excepting all qoil, gas and other Minerals and right of ingress and egress. - dm Intones street and number -. 9 (�..V TOGETHER with all and Nntvlar the hereditament. and appurtera th to belonging, or in m)vias „-[ ,`fMl nay appertaining, and the menden or reversions, remainders, rent issues anti fits Wei oaf, and all the eatatt, ... J _ yy right,title,interest,claim and demand whatsoever of the add party of the tint pan,either In law or equity,of,In el� and to the above bargained premises with the hereditament.and appurtenances. TO HAVE AND TO HOLD the said premiees above bargained and described,with the appurtenances unto the said part Sea of thea:end pas their heirs and asdpm forever.Mel the aid ` Tarty of the first part,for itself, -- - and it successors,cloth covenant,grant,bargain,and agree to and with the said part des of the second part, _ _ - _ -_• their help and mein.,that at the elrne of the annealing and deliver) of these pimento it is well seized of the premises above conveyed,a of a o - P Y god,sun,perfect absolute and indefeasible estate of inheritance.in law,in fee simple,and bath good right,full power and lawful authority to grant bargain,sell and convey the sate ilk y. _ - in manner an':form stateside',and that the ems ere free and clear from all fanner and other grants,bargains, r' - - Wee liens.taxes,assessment and incumbrances of altatver kind or.:aturc zefer: �-' - — l s . T d NLif premises the nee — T�qail! !nth%Yaieel P t and peaceable pc-me:e r,of`h d p a laim thew put .. .0.11-air ., tits and malpu,against all and every peen or persons la-fully d.im,eg or to claim the whole - - 1 v ;'or wni Art thecaf,She said party of the first part shall and will W,IRRANT AND FOREVER DEFEND. 1(:IN NITt4E sa{HEREOF,The said party of the first put bath caused its corporatenone to be hereunto a' _ _ �Y W. flies- Ptaident,and its aT- •Tcorporate seal to be hereunto affixed attested by„s Assistant ,�ggqF,,,,,,,,, -- - _ 1 a . Secretary the dryyia year first shove written, - ; 'a • .- _ • ylit pay L� Aatant 1 \ .. ,af hhaw ley�/i t�( o� _n-� JONIJ P. WATSON _ c nru-. + — . a STATE OP COLORADO, _ Y County of.._:. We 1 }a ��f i _ 1 -- Tea-.-fiMegme g inetrumeet was acknowledged before me this 4th day of June ,-T_ lI ?' '+64'1'o John P,,00: s "` Watson axe vice YmMal sea :- ,1�d,t et Tt,.••. 'q0 ^ Martha E. Horst as Assistant saran as OPDYRE AGENCY, INC, acorporatbm �. it aF • VAO7AQy:to `• NT notiialcommistlon explrn.'Pr, /, i?po ,ii, - - - 0 l'f f � 'r u e•-•.epee * j€'.' whams myludsnd official sea. 4 `^ -/ lit: r ••••\‘‘.0 t 1T 3. 1t Mf�':. Jt UOU �o u, ,..._ •ua._.,, i . eaaxa� ,i : - •. Nw.m'Yeawry 1)4 le" Neat waaaYnr an&ma_ .... —aemwe a.eltaWe na,tru.as MOW SOPS.Dann.mYnnerite M . . :14 ,P 93 I ' i- r �+ F , • .'uoosc 933 J O N Recordedat 5'eb o'clock FY M,on APR 9IRRI Co ' Reception No. 1854582VI Warder Ye. A i I a• , Warranrj Teat . IITHIS DEED is a conveyance'.f the real property described below, including any improvements and other to appurtenances (the "property ' from the individual(s), corporation(s), partnership(s) or other entityfies) ` named below as GRANTOR to.,a individual(s)or entity(ies)named below as GRANTEE. '• a The GRANTOR hereby sells and c sways the property to the GRANTEE and the GRANTOR warrants the title to a the property.except for(1)the her.iif the general property taxes for the year of this deed,which the GRANTEE will past(2)any easements and right vof-way evidenced by recorded instruments(3)any patent reservations n and esceptinna r(ea:any outstanding mineral interests shown of record(S)any protective covenants and reatric- • a lions•hrrwn of record.and 16)any ad2itional matters shown below under"Additional Warranty Esceptions -; The specific terms of this deed are: R I a GRANTOR:u...e nermi.1 end n',ete d it the e scow.Of the anwnuanto-it panes in thn NWto sobs o.M.,rowl who F 1 Noma,rental..:•?u•b.M.M wile e ' o- DONALD P. LAPP and KATHRYN LAPP _. . N 23464 Weld County Rd 61, Kersey, CO 80644 0` o Husband and wife den 0 GRANTEE: m.....,n.r•i and aMmewest uarmrm of Wren,:r-'A..y...amt.mad a urns Nish..,is, 1 0 0 PHILLIP E. BROOKS and BARBARA N. BROOKS 0 J. 23055 Weld County Rd 69, Kersey, CO 80644 ji . cj. Co w • I FORM OF CO-0OWNERSHIP: are a a wee pantos owned.tA a.mm,be redr,.d to We minims in traces Wes.rr w's i� ^= the sods':n two tenancy"as aced.el the it.,.mews.ay added w the space Anal C 1 "; Joint Tenancy - il I PROPERTY DESCRIPTION: tutors county and Stele I The Southwest Quarter (SW1) of Section 6, Township 4 North, t!.-. Range 63 West of the 6th P.M., Weld County, Colorado, P� together with two (2) shares of the capital stock of The z Lower Latham Ditch Company, two (2) shares of the capital 4 stock of The Lower Latham Extension Ditch Company, two (2) Q shares of the capital stock of The Lower Latham Reservoir [L�q O Company, and Irrigation Well Registry No. 7168-R. G ta'j Is Ase I CONSIDERATION:an.uarmn.m Cl a suns..mows is navel.adeu.te consdnelen la Mn Sal will be wowed was this ran.ryarc•n rdnnr,IM at a pry in any rase An ronrevane is abtolar.NW sad yna•4tiaul.l Good and valuable consideration and Ten Dollars (310.00) RESERVATIONS-RESTRICTIONS:to intends to r any stns m the woolen a scam",less man M rum.a. ! to Ih rwm 8 if the GRANTOR n restrow the CRAW III II nand.in the popery,make appropriate i dkONA 1 c Subject to all prior reservations and restrictions of record or established on the premises. X ADDITIONAL WARRANTY EXCEPTIONS:[Include maiuen hems atoms and and manes not raend,Am...I p Subject to Grantors First Farm and Ranch Mortgage securing the Federal Lank Bank of Wichita dated February 13, 1979 and recorded June 5, 1979 in Book 871, Reception No 1792619, Weld County records, and further subject to Grantors Deed of Trust seeurin E the United States of America acting through the Farmers Home Administration dated June 4, 1979 and recorded June 6, 1979 in Book 871, Reception No. 1792851, Weld . County records; both of which are being assumed by G antees. / Signedon April 3 .19—81 .� Attest: Donal P. La / ` .. A1.e Grantor '..tiS1XT I(1f!6P Donal P. Lapp as atto y_ Grantor - . OD ORADO )ss in-fact for Kathryn Lapp 4,.COUp{Ty,OEa,WELD 1n. -� It ehikleanginstrument was acknowledged before me this 3rd d oT it ,19ran 81 by Dasald P. Lapp and Donald P. Lapp as attorney- fa PT Lapp, j's y}JIl' Ater}land and ollialRal.hush d and wife s y is kateArsslooeyroires: //�sy// /0 , t - RAT�.. CS / O Notary Public s CORM OF )s1. The foregoing instrument was acknowledged before me this day of ,19 by • WITNESS my hand and official seal. My commission expires: Notary Public r 1177 UPDATE LEGAL FORMS P 0.BO%lats.GREELEY.COLORADO 10 Mt • 632 930120 . ......—..:.n............,..a�,.o..z..v,,.....,.�.r,ni(w riel,nxa:Saa....s..A,.:.des:w-<mxx9wru+,.v 4.,s..w.„ ... s:+.,_.....,,.>,:,.....a,...,, . ARYi3'?01 8 1000 REC 01931209 06/23/83 09:27 16.00 1/002 F 0383 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO ii . RECORDER'S STAMP THIS DEED, Made this 22nd day of June 19.83.between L PHILLIP E. BROOKS and BARBARA N. BROOKS I State Documentary V4 Data....J1111.2 'z . 'I ofthe said County of Weld and State of 3.n#`e AO I Colorado,of the first part,and ROBERT L. HOLDERNESS and S • SHARON K. HOLDERNESS ' I whose legal address ls 23464 Weld County Road 61, Kersey, Colorado 60644 of the Sal d County of Weld and State of Colorado,of the second part: it WITNESSE:TH.thst the said parties of the first part,for and in consideration of the sum of •;i THREE WHORED FIFTY TWO THOUSAND AND NO/100 - - ($352,000.00) DOLLARS, ' • to the mid part i es of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby 'I confessed and acknowledged,have granted.bargained,sold and conveyed,and by these present)do I'. i! grant.bargain,"ell,convey and confirm unto the sail parties of second part,their heirs and assig ns forever,not in II tenancy in common but in Joint tenancy,all the following described lot or parcel of land,situate,lying and being in the Said County of Weld and State of Colorado,to wit: i' II The Southwest Quarter (SW4) of Section 6. Township 4 North, Range 63 West of the I'll 'd 6th P.M., Wald County, Colorado; TOGETHER WITH: Two (2) shares of the Capital Stock of the Lower Latham Ditch I h Company; Two (2) shares of the Capital Stock of the Lower Latham Extension I • I l Ditch Company; Two (2) shares of the Capital Stock of the Lower Latahm Reservoir! 'iI Company; and One (1) Irrigation Well - Registry No. 7168R; : I !! Ilan known as street and number 23464 Weld County Road 61, Kersey, Colorado 80644; II i II '• TOGETHER with all and singular the hereditements and appurtenances thereunto belonging,dr in anywise't ll appertaining.the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and ail the LI estate,right,title,interest,claim and demand whatsoever of the said part i es of the first part,either in law or ' I equity,of,in and to the above bargained premises,with the hereditament'and appurtenances. .I Ii TO HAVE AND TO HOLD the said premises stave bargained and described,with the appurtenances,unto the', said parties of the second pert,their heirs and assigns forever.And the said part I e5 of the lint part,for them selves. their heirs,executors,and administrators do covenant,grant.bargain and agree to end with 1.,e said parties of the second part,their heirs and assigns,that at the time of the enaeoling and delivery of these , presents they a reel)seised of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority to grant,bargain.:., sell and convoy the same in manner and form aforesaid,and that the same are free and clear from all former and ether grants,bargains,sales.liens,taxes.assessment and encumbrances of whatever kind or nature soever. SU3JECj', I TO taxes for the calendar year 1983, Covenants, Conditions, Restrictions, a Reservations, Easements, Rights and Rights of Way of Record AND THE DEEDS OF " et II TRUST as set forth in Exhibit "A" attached hereto which, by acceptance of (cc) in I en and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their i. o> 'i heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any partthereof, p, ' the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. II IN WITNESS WHEREOF the said parties of the first part have hereunto setheir hand S and it �'.I seals the day and year first above written. (**) this Warranty Deed, Second Parties hereto ssume and agree to pay. Signed,Sealed and Delivered in the Presence of _ —_—;SEALI,li YR ZT __Tito ` • BAR�ARa XN. a. __ISEALI', STATE OF COLORADO —1 as. _ county or_41e1d___-___ lI{ C. Or, : 4S7oregoq etrument was acknowledged before me this 22nd day of June ' �ksbyarfhil 3:E. Brooks and Barbara N. Brooks. `r t� Y r t.,}.'t$lrRr:A (;slon expires f9 .1954.Witnessmy Mon and official seal. 'oat �V 31 A' o ��/ i � , T o,., ,- ,,c,,,-,-4:2-7.6,-,4 2.tssae' ' -'ji ' OR (Otte 7 N,.t.,r r.Si. No.921 wnaa]n Deco t.sew _a„r,a,i,,,terer.ainNne a.lat5..,,m,.+6 Dann(tie.e.oriw.u..brs •' 930120 -.w .o...._..aT:NW.a.NYLJYr-'� ••yy,,v' t ,SA.:.;_;..41 • _ .. r,wiAl4MLf.Lu✓...,:.42 urtl4k f :1JLL[.3N..sa:i..L41a:eia.av 4 B 1000 REC 01931209 06/23/83 09:27 $6.00 2/002 F 0384 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" is 1 BEING MADE a part of that Certain Warranty Deed dated June 22, 1983 111 from Phillip E. Brooks and Baroara N. Brooks to Robert L. Holderness and Sharon K. Holderness for the Southwest Quarter of Section 6, Town- ship 4 North, Range 63 West of the 6th P.M. , Weld County Colorado; Conveyance of the property is made SUBJECT TO the following described Deeds of Trust: 0 1) First Farm and Ranch Mortgage from Donald P. Lapp and Kathryn E. . Lapp securing The Federal Land Bank of Wichita, dated February 13, 1979 and recorded June 5, 1979 in Book 871 as Reception No. 1792619, Weld County. Records in the original amount of $144,000.00; 2) Deed of Trust from Donald P. Lapp and Kathryn E. Lapp to the Public k Trustee of Weld Count,/ securing The United States of America acting through the Farmers Home Administration, United States Department of Agriculture, dated June 4, 1979 and recorded June 6, 1979 in Book 871 as Reception No. 1792851 , Weld County Records in the original amount of $136,200.00; and 1# 3) Deed of Trust from Phillip E. Brooks and Barbara N. Brooks to the Public Trustee of Weld County securing The United States of America acting through the Farmers Home Administration, United States Department of Agriculture, dated April 3, 1981 and recorded April 9, 1981 in Book 933 as Reception No. 1854584, Weld Cot ty Records in the original amount of $24,200.00. r I A • o 920'# e 5. AR2131449 B 1186 NEC 02131449 02/19/88 14146 $6.00 1/002 F 0305 MARY ANN FEWERSTEIN CLERK g RECORDER WELD CO, CO MAMMY DEED Statenverttoty Fes Dots Aditin;en KNOW ALL PERSONS IT THESE PRESENTS; THAT Robert L. Bolderness and Sharon K. Holderoess, busload and vite, parties of the first part, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and warrant unto The Federal land Rank of Wichita, a corporation, Wichita, Kansas, party of the second part, the following described reel }et property and premises situate in Weld County, State of Colorado, to wit; 0 The SR 1/4 of Section 6, Township 4 North, Range 63 West of the 6th `OO P.M., Weld County, Colorado. EXCEPT right of way as conveyed by Deed recorded In gook 43, Page 23, Weld County Records. TOGETHER with 2 shares of the capital stock of The Lower lathe. Ditch Company, together with 2 shares of the capital stock of the Lover lathe. Extension Ditch Company; and together with 2 shares of the capital stock of the Lower lathes Reservoir Company. TOGETHER with all water rights and all wells and equipment used for irrigation of maid land. Together with all privileges, hareditaments and appurtenances thereunto belonging, including ell water, irrigation and drainage rights of every • kind and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith; also abstracts or other evidence of title to the above described real estate. Subject to existing easements, rights of may, and mineral interests or mineral leases owed by third parsons under valid reservations or conveyances now of record. Together with all improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described prealses unto the said party of the second part, its successors and assigns forever, free, clear and discharges of and from all former grants charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature.!*Part of the consideration for this deed is the full retirement and cancellation by the Page l of 2 Pages 930120 • B 1186 REC 02131449 02/19/88 14:46 $6.00 2/002 F 0306 MARY ANN FEUERSTEIN CLERK A' RECORDER WELD CO, CO grantee herein of that certain promissory note executed by the grantors herein dated February 13, 1979, for Loan No. 0790141-6-0+120-10. There will be no merger of the security documents for said loan into this conveyance. This deed is made in lieu of foreclosure and is not taken as additional security. Signed and delivered this 8th of �Febniaxy • 1988. / Robert L. Bolderness Slarca R. Boldernees ACRNOVLEDGp®ff STATE OF COLORADO ) ) ss. Comm OF VELD On this 8th day of February , 1988 personally appeared Robert L. Boldernessss and Sharon K. Bolderness, husband and wife, to ma know to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the mama as their free act and deed. Witness my hand and official seal. konfilij• t p ARY terry Public `�K c _ t> k 1011 11th Ave., Greeley, CO 80631 in g‘c, .�e iF Address • a p41if nt Expires: \Z 1 Ags 2 of 2 Pages 920 R20 • • AR2157311 B 1211 AEC 02157311 09/30/88 16:29 $6.00 1/002 P 0787 MARY ANN PEUERSTEIN CLERIC i RECORDER WELD CO, CO CORPORATION SPECIAL WARRANTY DEED The Farm Credit Bank of Wichita, F/K/A The Federal Land Bank of Wichita THIS INDENTURE, Made this 29 day of September 1988, between THE FARM CREDIT BANK OF WICHITA, F/F./A THE FEDERAL LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and • IV $14.00 WILLIAM C. DANKS and NOBLET B. DANKS, in Joint Tenany wtose address is 3033 E. 1st Ave., $303, Denver, CO 80206 parties of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of $140,000.00 (Onehundredforty Thousand and no/100's) DOLLARS, ani other valuable consideration to it in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said parties of the second part, their heirs, successors and aligns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado, to-wit: The Southwest 1/4 of Section 6, Township 4 North, Range 63 West of the 6th P.N. Together with 2 Shares of the Lower Latham Ditch Company; 2 Shares of the Lower Latham Reservoir Company; 2 Shares of the Lower Latham Extension Ditch; and Irrigation Well adjudicated for 2.27 cis in Case 4 W-2596. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, • • and any discrepancies an accurate survey would reveal. Also subject to a cash lease to Robert and Sharon Holderness, expiring February 28, 1989. TO HAVE AND HOLD the same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the parties of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them or either of them. State Dori:me:nog Fee Dote 9-36-fr $ N.OO • • -s B 1211 REC 02157311 09/30/88 16:29 $6.00 2/002 P 0788 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused these presents to be signed by its Vice President, and its corporate seal to be affixed hereto, and eretoand attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. ATTEST: -� The Federal Land Bank ti' l LA,yJ%, Association of The Ninth ▪ District, A Corporation, as / ▪ % Attorney In Fact for Farm ?- vs! SEAL T i�„_ Credit Bank of Wichita, F/K/A r: LL'.tl,[s the Federal Land Bank of =o'+ ii? Wichita, A Corporation, w YVVfteC./ .(Y- C��Gr�4Wr�'t e.Q Assistant Secretary Vice President ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before me, the undersigned, a Notary Public in and for said County and State, on this 29 day of Septelee. r 1988, personally appeared Olen D. Dactalph to me personally known and known to me to be the identical person who subscribed the name of The Federal Land Bank Association of The Ninth District, A Corporation, as Attorney in Fact for Farm Credit Bank of Wichita, F/K/A The • Federal Land Bank of Wichita, A Corporation, to the foregoing instrument as its Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the use: and purposes set forth and specified therein. Witness my hand and seal the day and year last above written.• i A • Y.Q. L•l Notary Public OjAfiy ': My Commission Expire= R1,0/fly .7L, /99/ I DEPARTMENT OF PLANNING SERVICES WIlD PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO March 5, 1993 CASE NUMBER: RE-1479 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Noblet Danks for a Recorded Exemption. The parcel of land is described as the SW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the east side of Weld County Road 61, approximately 1/2 mile south of Weld County Road 50. 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 19, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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: 920120 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WIND WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO April 8 , 1993 William and Noblet Danks 3033 East 1st Avenue #303 Denver , CO 80206 Subject : RE - 1479 and RE - 1480 - Request for Recorded Exemptions on a parcel of land described as part of the W2 of Section 6 , T4N , R63W of the 6th P . M . , Weld County , Colorado . Dear Mr . and Mrs . Danks : I . have scheduled a meeting with the Board of County Commissioners on Wednesday , April 14 , 1993 at 9 : 00 a . m . to consider your applications . 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 applications . I have enclosed a copy of a letter our office received from an adjacent property owner concerning your applications . The Department of Planning Services ' staff will make a recommendation concerning these applications 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 call me . Respectfully , Chuck Cunliffe , AICP Director pc : Bob Kreps 928 13th Street , Suite 1 Greeley , CO 80631 enclosure DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 GREELEY, N. O 17THAVENUEO631 COLORADO 80631 COLORADO March 5, 1993 William and Noblet Danks 3033 East 1st Avenue, #303 Denver, CO 80206 Subject: Recorded Exemption 1479. Dear Mr. and Mrs. Danks: Your recorded exemption application is complete and in order and will be processed on or before April 5, 1993. If it is determined that the application meets the approval criteria of Sections 11.4.4. 1 through 11.4.4.6 of the Weld County Subdivision Ordinance, 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 call me. Sincerely, Chuck Cunliffe, AICP Director NK/sfr 930120 04-13-1993 15:52 3033211139 A PHIPPS / W DANKS P.01 WILLIAM C DAMES ATTORNEY AT LAY THE SANK OF CHERRY CREEK WILDING, SUITE 303 3033 EMT MST AVENUE DENVER, OOLssAD0 80206 (303) 3n-5542 TELIOOPIIR (303) 321.1139 April 13, 1993 Chuck Cunliffe, MCP Department of Planning Services Wald County Administrative Offices 1400 N. 17th Avenue Greeley Co 80631 Via FAX 351-0978 Re: Requests for Recorded Exemptions: 1479 & 1480 Dear Mr. Cunliffe: Unfortunately, I will not be able to attend the hearing on April-14, 1993. However, Mr. Bob Rreps has agreed to appear at the hearing on my behalf. After receiving your notification letter on April 10, 1993, I spoke with Mrs. Roy Rothe concerning their objections. If the recorded exemption is granted, it is anticipated that one of the 5 acre tracts will be sold to their relatives, Mr. and Mrs. Terry Rothe. Mr. and Mrs. Terry Rothe have had their home on the property for many years. Indeed, I believe that Mr. Terry Rothe was born on the property. The other 5 acre tract will be sold to Mr. and Mrs. Bob Holderness who have also lived in their home for many years. Both the "Rothe Farm" and the"Holderness Farm" are irrigated farms. We have water rights from the Lower Latham Reservoir. We are free to lease some of the water rights to Mr. and Mrs. Terry Rothe so that they can irrigate the 5 acre tract. I assured Mrs. Roy Rothe that the water would be allocated legally and not "siphoned" from the ditch. The irrigation ditch where it runs along the side of the two farms is not more than 2 feet deep as it carries water only to the Roy Rothe property beyond our farms. I do not consider it a hazard to small children and there are no small children in the area. The children of Mr. and Mrs. Tarry Rothe are grown as are the Holderness children. Furthermore, it seems that the liability APR 13 '93 15:08 3033211139 920120 04-13-1993 15:53 3033211139 A PHIPPS / W DANCE P.02 would belong to those over whose land the ditch is located. In addition, the situation will be exactly the same as it is at present. I have also spoken with Mr. Terry Rothe and xr. Bob Holderness. They may be able to attend the hearing. If the Commission anticipates placing any restrictions, I would request a continuance of the hearing to a future date. Thank you for your assistance. sincerely, 1J d • Dan William C. banks WCD:btb cc Mr. Bob &reps ci *\GaLI►F[.LTt APR 13 '93 15:09 3033211139 PAGE.002 9!30120 Hello