Loading...
HomeMy WebLinkAbout930392.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1487 - BULTHAUP 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. 1487, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1487 was submitted by Gene and Carolyn M. Bulthaup for property which is located in part of the NI SW!, SW* NWt, WI NW'-! NW'„ of Section 28, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 133 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. An ISDS permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 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. 930392 OF> 97 ec. i , tt, RE: RE #1487 - BULTHAUP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D. , 1993. Afraisci BOARD OF COUNTY COMMISSIONERS ATTEST: /// W4n3 COUNTY,, CCOLORADOWeld County Clerkto he Constance L. Ha bert, Chairman BY: fly-(' 4ard Deputy Clerk W. H. Webster, Pro- em APPROVED S TO FORM: George E. Baxter `�-- ' ! Dale K. Ha� o Attorne n i w � J ��� - arbara J. Kirkmeye 930392 rest DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 28, 1993 Board of County Commissioners Weld County Centennial Complex 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1487 Dear Commissioners: This request for a recorded exemption is submitted by Gene and Carolyn M. Bulthaup. The parcel of land on which this request is being made is described as Lot A of Recorded Exemption 809, being a part of the N2 SW4, SW4 NW4, W2 NW4 NW4 of Section 28, T2N, R68W of the 6th P.M. , Weld County, Colorado. The property is located east of Weld County Road 5, approximately 1.25 miles north of Highway 52. The request is to divide a 138 acre parcel of land, which is the total contiguous land holdings of the applicants, into two lots of 133 acres and 5 acres, more or less. The applicant has stated in the application materials that the proposed S acre parcel is separated from the rest of the farm by a ditch. A neighbor of the Bulthaup's has expressed an interest in buying the lot for a building site. Left Hand Water District is proposed as the water source for both lots. Sewage disposal would be provided by septic systems. The staff is concerned about the level of development that has occurred in this area and the potential for continued divisions. Recorded Exemption 809, approved in 1985, created this lot and a 1.56 acre lot. Another recorded exemption was recently approved by the staff in the east half of this section. The approved recorded exemption created a 42 acre parcel and a 33 acre parcel, more or less. The staff is concerned that the creation of another lot in this section may not be consistent with efficient and orderly development. Residential development in rural areas requires an increased amount of urban-type services such as road maintenance, police and fire protection, school busing, snow removal, and utilities. The service demands increase as density increases. The staff requests the Board of County Commissioners consider this request and determine if the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. Sincerely, Lanell J. dler Current Planner 930392 CONDITIONS OF APPROVAL Gene and Carolyn Bulthaup RE-1487 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. The Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 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 (60) days from he date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 9:10392 'gym �;�.• .. ', ' Y 114,-. * ;._ . ' d ` : -3- .4.t y W ' it S • I v 4 .4a. !ill L'} i - lh • i 'Fa • yu 0.r� S iS 6 t..qJ. tir3vRSrv. n 869- 99"" 1. �` mo . d . • V F "RE .., s 3 ' ₹ , 1`Rr. 5z� .. 'G .. , IstICS IC,c?1 ,2 „H ... ,: - . -,.', „.,.. .-- 9 3 o ._ .__ '; _ of � eili. , ^ _ ..4 7 . . C44 1 - , YR• t3. r=,,a _ . d -20 %'. tr5f x t f�:L�'�$�Y r t �?4` is�,a i v ,yY' so� ,4 c .YaZ '�nm5` ;�ie sY '; . • oElb'�:Z.«.,.s" If pp✓'. 9f ' ...1 . y i ,r' for_e;.-4; /- 60)4° 1. ,, L 3 x. I v . 5� q ° yyyyy----...�� ✓ . 1 n ! ��"'�-` '1 • • • 1 hI+ 1�•• : • :�•I� co� r _ � .o:, - _. Ti -1--/..-!. . - p - - I. -- - - _ark. • Iyr • ..-g. f J ; . ryrp� .!M GFE ' Jf Z +9-:: np� R '----C- • FII• •4 i /�1�. •�� y�A�,. I �u[2 • •, ' FYF.11 ' )(3.4- //L` —<,----. .\,. . ` h � � .MEAL)' I • • e,,\.. \ ) C. e.e ./ rid -„,,, I� 1 c \11•'.1 II,. G 'e F 1� 1 \,..P'"i``,�� . e r.� / } •G , \ 9 � '� \ k c d I �, t • :. �. . [) ,\ f e • •-- III ��"' - .. y $r��i '°r. vi°LE I r I , ,z :� r- • 4 (1 4f/ ..r♦ . M 1 aZ El. {ron • X1° jy , 10 • • L r1t ° K I R I e5 _< f :„/" N� de • } .7) ' -- 222_23„-,2, v I ■■1 I , .• e — — — Ir Rff P1G J 1 _��.-S�l 9p e/cr: '° % �r '1 Ip 'N \ ;, j l I G t1 ' 6T .'OND5Ij • / 'L 1 �'�— '• tr 'I - - • )• ? I ) i`y'a I •' /� •)I / IJ�^ ,:• ,r �xnlLcu ire 7 ,.°„ 1.`'0• \ •• ,� ° ! e • - •/-77—\, I " b7/7 . • I S'��' 7 /- . . o- \\ .•h.\' ] °y�. : 2. L �rjA � ° . (� p°-J i Is� r,S .._ :cc r: - tee. °.I I k I r - . MITI• . E -1:u• • _ °I I P --` • I • L �Ev°°stun 1 I , .1 it . [L+ 'C r _ ° 1 ----7.-•.,41. F a1.9. . :)• If /_ alp III i37 °'' I oF ` :I ' ' ' . l i ow °:Br I <..uc I oe wvrou 1 t,./.0R,(O'4),°q ) i _ I •. ❑s] if°°l:-.X ol: .� a .. tI < °IL, /rd rV 7- /J d $AC ES n I{I,B • I /I '-• i :J 1 j1� , , �i . l v I �� .Xr 11-1 �1 pry. IJ/�.� ._. _. �f� o r• 111 a� �,\ "-'7 i J. aIe'w. 1 1 pi xu 1 .I n O sf 1 l 1° i ✓ 1 N 4ZS>♦1 II TJI'a` ! -- - - --- - - ' - - tcS,' _���° .7.: J ` I " /• y Y 1 I 604, - a. -23 I, • 1"- ••/ 77 ,S'N S 1 Zl( Imo',r `, 1 „fl I 414'1" .n C oI°/ �• .°�° l . iti.:M w°r rFu EGG a 4 �Ei �I °� , v I �I. I.1 I ,, ) I • 'z ,/ . .• )�.;c 'o, �"y✓ :, V IItl ? 74 �- 1'e 1' °� ' 2. L a a s 6::P .ten a -C m�P a i ' �. 1 - , °r—' n • �ail :II N • IF . . ,I c 1 + +n i I m ). 5 I. {{, .1 .r 1 •,�� �1 . II: . t �, II' ,,, �� '❑r ' EASE ,. I •� I 5 9 /R6R / _yf_ L'i N './ L d 1 'li ,-• /"7/-:Ir. -, ---t / II '; LIo \ I 4443 �i4IJ14: Ii, BM 17 -\ \ 1 � II ---1---:---- _ -N„,,,, \° lit / a \\H---...... ---17- , n I _ - ANON \ t \ �._ �_ ✓ 8 7- _, ���Illfff `� 4937`-' 44420008 N 1/ - 11if C v % / F j , .!r 19 ( / ( i/ !Ill 2 21 _ — i�I Idaho ree•k _ �V �� #7 49OO 4895 \ / 1 \\ \ r"-i / \ j rz- __ FS �� J A o 'i / :Pleasant View Ridge •� " " 7 [ -.. iii...„.`*-. .t... i.ies.)iet Pit 1_,_7±---Sy, <%z , 0/ kx ( "artc;597/— "4° /� �L• :� / == 50:9 c__.... r-4,, i VAS / 'd: / V i� I a z > .1 .1 ! - - 1 a iii, O ss< \__,.: A� vD 280000 L _y " echo Towers • // (� _ V // J.% rl) e FEET / ( \ ,u1 y A/ Ir iJr,/ ,..,/, Cl/ ) l / ) �" :71 4/= / ���,r � � I o(a 3 �` 1 i 33 r/ c7� "38 3 / Et 1 O La 95O ���. MINEF��L! �.- � 'y s t4-9.57 '.---- / "r / FIELD CHECK FILING NUMBER: RE-1487 DATE OF INSPECTION: April 1, 1993 APPLICANT'S NAME: Gene and Carolyn M. Bulthaup REQUEST: A Recorded Exemption. LEGAL DESCRIPTION: Lot A of RE-809; part of the N2 SW4, SW4 NW4, W2 NW4 NW4 of Section 28, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 5, approximately 1.25 miles north of Highway 52. LAND USE: N Agricultural production, oil and gas production. E Agricultural production, oil and gas production. S 1 residence, agricultural production. W Weld County Road 5, agricultural production, oil and gas production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Weld County Road 5, a gravel County local. The property has been farmed and contains oil and gas production. Proposed Lot A is physically separated from the rest of the farm by a ditch. (jnat1 r�y (Lett /n j rent Plap�n 920392 `Bulthaup Ra 1c11, \ nay 620 Highway 52 Erie,Colorado 80516 LIVESTOCK BRAND March 23 , 1993 Lanell Adler Dept . of Planning Service Weld County, Colo . Re : Request for Recorded Exemption on the N% of the SW' , the SW4 of the NW4f and the W1 of the NW4 of the NW4 of Section 28 , Township 2 N, Range 68 of the 6th P.M. County of Weld, State of Colo . Dear Mrs . Adler : We are submitting to you a request for a Recorded Exemption on a parcel of ground consisting of approximately 138 acres . The parcel is primarily an irrigated farm. We purchased the farm in 1988 . Prior to our purchasing the farm, a recorded exemption was completed in Dec . of 1985 . The purpose of that exemption was to permit the house and buildings to be sold. At the current time there are no improvements on the 138 acre parcel except for a small shed on the north end of the property. This parcel of ground in located approximately 21/2 miles southwest from the Del Camino area on I25 and approximately 1% miles north of Hwy. 52 on Weld County road #5 . There is both natural gas service (Rocky Mountain) and domestic water (Left Hand) all along the western side of the property along road #5 . This property was purchased as an irrigated farm for the purpose of raising corn, pinto beans and Coors barley in rotation . A parcel approximately 5 acres in size in the extreme southwest corner of the property is isolated from the large farm by a permanent irrigation ditch which cuts across a corner of the property from the south, then angling to the west to Road #5 where a divider box provides water to a neighboring farm to irrigate approximately 50 acres of farm ground . (Howard Rassmussen farm. ) We do not irrigate the farm from this ditch. We have another head gate and ditch from which we irrigate the farm. At one time an attempt was made to irrigate this small parcel . Since I have owned the farm we have never irrigated this small piece . There are numerous reasons for this . The capacity of the ditch lateral across our property limits the water flow to only one head of water . Therefore when the neighbor calls for water, (he grows the same crops we do) he gets 90% of the water and we get 10% . ¶,10392 ¶Bulthaup Re- rill, 620 Highway 52 Erie,Colorado 80516 LIVESTOCK BRAND Page 2 We can' t irrigate with this amount . Also we cannot put this parcel into rotation with our other row crops as the rows are just too short to make that practical even if we could irrigate it . Therefore this small parcel was planted to alfalfa several years ago (prior to the time I bought it ) . As with many old stands of alfalfa it has now become full of mustard grass and cheat grass and has gotten to the point it just isn ' t feasible to even harvest it . In 1971 we bought our first farm in Weld county. We still live on that same farm located on Hwy. 52 . Although we did build a new home there last year . This farm is 3 miles from the 138 acre farm for which we are making this request . A neighbor of mine , Wendall Wilts , has a custom cabinet shop directly across the road from me on Hwy. 52 . Although he has owned the business for over 10 years he cannot build a home there as his brother owns and lives in the house on the property. He currently lives in Broomfield. Sometime ago Wendall contacted me to see if I would sell him the small 5 acre tract described above for the building of a single family dwelling . He discussed with me and showed me the plans he has to build a two story home . If this request is approved the parcel will be sold to Wendall and Denise Wilts where they plan to build their new home which will permit them to live near where his business is located . The Wilts families , Wendall , his brother Jerry and father, Willie, have all been very good neighbors . They maintain their properties in immaculate condition. We wish all of our area neighbors took as much pride in their property as the Wilts . In addition to being good neighbors , the Wilts family and our family, have a ranching partnership in Morgan county. Based upon my understanding of the Weld County Subdivision Ordnance (12/15/92) and based upon the guidelines set forth in the recorded exemption package which your office provided to me I believe our request for a recorded exemption on this farm meets all requirements set forth. As longtime residents of this area, we believe the approval of this request to allow a single family dwelling on a parcel of ground which is currently unproductive for us , will enhance not only this property but the entire area . Sincerely yours , f1 -e- 4a H. Gene Bulthaup 920192 ADMINISTRATIVE REVIEW FLOW SHEET CASE # //,3'''! APPLICANT : -hGL n '(e)-1 -4_64 h� T� � �I�Lku��.�t•ca� REQUEST : 7C I t - •, C. A � > Al_.� ty ,V 3i 7 .5 (.t7 /1%Lf. ' j� ,)-.-i,f �w _'I niLt' / ;7/q. LEGAL c7 ! fc9 l'- j LOCATION : ei I , ! :?. -i �7 -,� /. •.J .-re% k ' ,y A .7 Nt..-e '7 a Date By Application received 3 Application complete Letter to applicant drafted Referrals listed File assembled 3r51-9 3 ^ � Letter to applicant mailed a-0)5 )nIQ 3 Referrals mailed as-'T „p Chaindaxed 4�� 1/45P0 5 macC_.. - ds43 DPS recommendation drafted 3 -> - Administrative Review decision : History card completed COMMISSIONERS ' HEARING DATE : ' ' ' ' (7?�; ..C ' i_ '� �, ' Date By Air photo and maps prepared Field check by DPS staff CC Action : • - C' CC resolution received History card completed 4- 5e -93 t- Recorded on maps and /or filed re r U APPLICATION FOR RECORDED EXEMPTION PHONE: 353-3845, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. 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: 138 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes x No FEE OWNERS OF PROPERTY: Name: Gene Bulthaup and Carolyn M. Bulthaup Address: 620 Hwy 52 Erie Colo. 80516 Phone: - 303 828-0136 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Left Hand Smaller Parcel Left Hand TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Parm, irri •atcS4a1ler Parcel Single Family Residence ACREAGE: Larger Parcel 133 Smaller Parcel 5 EXISTING DWELLINGS: (Yes or No) No (Yes or No) No I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) &AVSignature: Owner or Authori�Agent Subscribed and sworn to before me this 19 " day of fG 1A 1913 (SEAL) Lk3 141, Notary Public My Commission Expires M8'eintatY wires Nat SO. M 9,30392 Legal Description : N% of the SWy, the SW4 of the NW4, the Wk of the NW4 of the NW4 of Section 28 , Township 2 N, Range 68 W of the 6th P.M. , County of Weld, State of Colorado . 1 . A completed application form is attached. 2 . A completed certificate of conveyances on the property is attached . 3. A copy of the deed for the peoperty is attached. Gene and Carolyn M. Bulthaup are the current owners of the property. 4. A certified list of names , addresses , and corresponding parcel identification number assigned by the Weld county assesor to the owners of property of the surface estate within five hundred ( 500) feet of the property subject to application. The list was assembled from the records of the Weld county assesor. A certificate is attached stating that the list was assembled within 30 days of this application. 5 . A certified list of the names and addresses of mineral owners and lessees of mineral owner on or under the parcel of land being considered . The list has been certified as accurate on the date of this filing. 6 . A letter is attached providing evidence of a water supply for a domestic water tap from the Left Hand Water District . 7 . The proposed parcels are large enough to support an individual septic system in complience with the Weld County Health Dept . requirements . 8. The property consists of approximately 138 acres . Of this , approximately 110 acres is irrigated farmland. Approximately 28 acres is in ggr^ss or wasteland. The proposed parcel contains approximately 4 acres of the 28 acres of grass/wasteland. There are no i,uprovements on the property except for a small open shed and small corrals on the north end of the property. The property is primarily used as an irrigated farm producing corn, pinto beans , Coors barley. There are three producing oil wells on the property and are shown on the attached sketch map. Irrigation ditches are also shown on the attached map. 9 . The request for a recorded exemption is being proposed to allow the owners to C vide off an unproductive tract of land of approximately acres in the extreme southwestern corner of the property for one single family homesite . The remaining portion of the property will continue to be used in the same manner as in the past . 10 . The proposed new lot to be created is approximately 5 <_cres in size . This small parcel is isolated from the remaining portion of the farm by a permanent irrigation ditch which cuts across a corner of the property. This ditch carries irrigation water from the Boulder and Weld ditch under and across Weld Co . #5 to a neighboring farm. The small size of the parcel makes it impractical to incorporate it into the farming operation. As a result it is an old stand of grass/alfalfa. 11 . This proposal is c onsistent with the Weld Co. Comprehensive Plan . Agricultural Policy Number 7(B) sets forth a process that allows a lot in the agricultural zone to be divided into two seperate lots in order to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite . " This request is consistent with the intent of the policy. 90392 Page 2 12 . Uses permitted will be consistent with the uses allowed in the agricultural zone . These uses are compatible with the adjacent rural agricultural development . 13 . This proposal is consistent with the Intent of Agricultural District . The proposal will not adversely impact adjacent agricultural uses and allows for continued agricultural activities and activities related to agricultural uses . 14 . This proposal is located in an area designed for agricultural development by the Weld County Comprehensive Plan. This proposal is consistent with the future development of agricultural uses in the area . 15 . The information contained in this application meets all complience requirements in the Weld County Subdivision Ordance - Section 11 .8 . 16 . The health, safety and welfare of the inhabitants of the neighborhood and the county will not be adversely affected if the proposed change is approved. No change of use of the farm is anticipated . The new lot to be used for a single family homesite will be subject to all Weld county Health Department standards . 17 . A sketch plan map showing the exemption request is attached. 90192 11 . 8 RECORDED EXEMPTION STANDARDS 11 . 8 1 . A water supply is adequate , for both lots , in terms of quality and dependability. See letter from Left Hand Water District . 11 .8 2 . Both lots are of sufficient size to comply with the requirements of the applicable zone district and the Weld County Health Dept . 11 .8 3 . Legal access exists for both proposed lots from Weld County Road #5 . 11 . 8 4 . The proposed recorded exemption will comply with the Weld County Ordinance , Section 50, Overlay District Regulations . 11 .8 5 . The minimum lot size is NOT LESS THAN ONE (1) ACRE. 11 . 8 6 . It is believed there will be no concerns on this . 11 . 8 7 . This is included in the application. 11 .8 8 . The proposed recorded exemption is not part of an approved recorded exemption within the last five ( 5 ) years . A recorded exemption was approved on this parcel on Dec . 12 , 1985 , a copy of which is attached. 11 .8 9 . The proposed recorded exemption is not part of an approved subdivision or recorded subdivision plat or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions . 11 .8 10 . The proposed recorded exemption does not evade the requirement and statement of purpose as set fourth in Section 1 . 3 of this ordinance . 907192 ar NANO_ , Post Office Box 210, Niw„t, CO 80544-0210 DI8TRMT I (303) 652-2188, Metro (303) 443-2036 March 2 , 1993 Gene Bulthaup 620 Highway 52 Erie, CO 80516 Re: Section 28, Township 2 North, Range 68 West 7710 Weld County Road 5 Dear Mr. Bulthaup: This letter is in reply to your tap request number 1342, dated February 23 , 1993 , for domestic water service from Left Hand Water District. One residential tap, as requested, has been allowed. Requirements for service are: 1. A completed application needs to be signed. 2 . The tap fee of 4330. 00 needs to be paid. 3 . Please provide us with a copy of the recorded warranty deed for the property. Any additional consulting fees incurred by the District in relation to this tap will be added to the total tap fee at time of purchase or will be billed when incurred. The tap fee must be paid within 90 days of this notice or the tap request will be forfeited. After we have the above items, the application will be presented at the Board of Directors Meeting for their action. Our Board generally meets on the second Tuesday of each month. Please be advised that a monthly billing will start when the meter is installed or one year after the tap is purchased. Thank you for your interest in Left Hand Water District. If you need further information, please contact us and we will be happy to help you. Sincerely, nn 27 i.S7 7 . ames M. Dickey General Manager /rr 9,1,0 92 47 Viii;0726 0. en. P '5,'q $ es )5...5 I a L J ' r4 IC Co . lF a 3 9i x .7 4�9 I ti a v .`4. o ` .4 h t N.. Z � n I, v a w . € p�p 'N.. K SJ ,6yK •`O% H ~ o . C.1 4 c9' i m I O a d I 3 3 at alb L d 7 V o� H o`a�y17-��y �. ���u 3. P D J a L.} 71 ,U 3 7 a a i 9 a. N.?‘ V / Ii a I 1 - . :vine/ lenby� vgpsrr'{Pr J _ t- Q NtA 1 `fl c 1- z ,g 0 4 .4 z - , C)41 X c o . %j N. a . 2 a u ca. c ce .1 S 1095 BBC 02035755 12/13/ 05 12 : 53• I F 0783 MARY ANN FEUERSTNIN CLERIC & RECORDER WELD CO, CO c.v, °' .� RECORDED EXEMPTION NO . 1313-28-2-RE 809 LEGAL. DESCRIPTION /3./jo/a"-3— A TRACT OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 60 WEST OF THE 6TH P.t1.,• WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES NA9°40'46"E. 30.00 FEET FROM THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4 OF SECTION 28, SAID POINT BEING ON TIIE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. S AND ON THE NORTH LINE OF SAID SW 1/4 NW 1/4; THENCE N.09°40'46"E. 216.41 FEET. ALONG SAID NORTH LINE; THENCE S.01°20'28"E. 310.92 FEET; THENCE S.89°21'20"W. 219.66 FEET TO THE EAST RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 5; THENCE ALONG SAID EAST RIGHT-OF-WAY N.00°44'31"W. 312.11 FEET TO THE POINT OF BEGINNING. CONTAINS 1.56 ACRES, MORE OR LESS. BASIS OF BEARINGS : BEARINGS ARE BASED ON THE WEST LINE OF THE NW 1/4 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 68 WEST OF TIIE 6TH P.M. WHICH IS CONSIDERED TO BEAR N.00°44'31"W. MONUMENTS FOUND AS SHOWN ON THIS PLAT. NOTES FOR. ALL INFORMATION ABOUT EASEMENTS, RIGHTS-OF-WAY AND TITLE OF RECORD, REFER TO "COMMITMENT TO INSURE," NO. 25,009,210-C, TRANSAMERICA TITLE INSURANCE CO., GREELEY, COLO. AS PROVIDED BY OWNER. NOTICE: According to Colorado law you must commence any legal action , based upon any defect in this survey, within six years after you first discover such defect . In no event may any action, based upon any defect in this survey , he commenced more than ten years from the date of certification shown, hereon . SiJin ifibR`S, CERTIFICATE eIC• EC3l11-,c r"TII,71 THAT THIS PLAT WAS PREPARaD LINDER MY eLYPGRVISIONz/v '/O THAT-114E SAME IS COP.RECT TO THE C3EST QF i'MY gNOENLEJ6E AND BELIE-F. `-4 L("✓ , c:;: e'-/S$6 • PETER:EP• L.S. 4915 S (WE) Corinmv.!noo FARM!, l:t..v. Li SOLE OWNER(S) IN FEE OF77-IEABOVE OESGRIE3ED PROPHI^TY t HEREBY DIVIDE 77-)E5AME AS SHOWN ON THE ATTACH-IED MAR ,1 • THE FORE-GOING CERTIFICATION WAS ACRNOWLEDGED oar-one ME Thus 3r<I. DAY or tF1_C6n^erz. A.D. r9 & . MY COMMISSION EXPJFZes NOTARY PUI3LIC. t / • Nr t .` WITNESS My HAND f SEAL 77J/5 PUT/5 ACCEP7E-D AND APPIeOVED ,'2C F/!/A/ . C\\V•R',RIne. ir.493 Aid Oer le,.uuJr o/-/Y.w.V/ ti •Si:twee* rli.+tX7-ele 7N MCCOo/n,U IK//F/0,47/0/(! WAS /L't tOlv�G23,S;D 55/eWe ale 77745 _ ILLS DAY OF ! w .. A.D..r M w•.-^ r CON PSI.:,IJ LTA P.1"P'.�, 7[13 DFlCI AVe NITh • • A 77:77:2-77M8LrNordclNt, 1.cocIn an Aeo 6n1 WIT.�f�'Fi/W4�n/ftd/D /Gait 77 -778 1Nunto nnrr-nova \GN>5.}1. /Aar'V ._ .nln r.,n 1631-1 nnvi° n..13_05 01,cor 1 on 1!;• jRr 9°:.,0'192 RECORDED .L_ XEMF ( ION NO . I. 13-28-2--RE 809 LOT A - - 30' RIGHT-OF-WAY & EASEMENT " I a . r M S.89°40'46"W, 216.41 . `��' • IT I EXTG. U/G GAS PIPELINE I ___ — _ — I IN . o N lll r- m 3I IC CI �I of u i N LOT B :�� )- 0 of 1.56 AC. I I I- - s 1.1;.,Z ›- WI = 3 0 u O Z Lu I Li, . LJ 0 1 vq EXTG. tl z m I W Q: SHED to co CI U N La. 3 0 EXTG. i :"4 Ni o HOUSE I ? o IA I `' Z o • in H `zz_' . EXTG. z EXTG. SILO O caul o TREES o N.89°21'28"E. 219.66 o 0 tA t EXTG. DITCH l a LOT A / / / • • 1 50 100 FEET 0 SET N0. 5 MAR W/ PLASTIC CAP BY LS N0. 14875. " j 1 + aonLa 1":50. OeSION _______ 2 l-lfl_'T'�,IyT.3, INC. ' 703 300 AVQNUM \ OOAWN ..HS 70a ann.► LONGMONT. COLOMA00 001101 i 772•7700 MNTA0 .4.4■ .4273 CHn CKNO APP00Vr0 _ er..-I eon Nfl 1611-1 bArn n-n-ns ai-innr 3 (-Jr' -1 ' f?92 . 1 r< E C 0 I-R 0 L 0 1c )` c 1' U N N U . 133-28-2 ICE 809 h9'!' A 1 1b1. }ice 2 VICINITY MAP LOT B 1.56 AC. ±. T2N.R6OW 137.37 AC. ± 20 I 1 22 _ ROAD to r. ROAD t6.1�2 Id 27 h • ck. N + a CC C4 .33 �q�v Vr4 n re 1u-10*�rl 3 32 • 33 34 . . m S.26.5442•6. . o C\-- -...../I.69.21141. 26,40 a 230.00 t I I I 15000' OI I 1 MILS 2659A0 �,t —'r—o I .. ....,J 634.65 1994.55 — 1 o ul Wm in in J -. . ri (LOT Al U J V M m o • V S vi I••1 0 m Cl CO N H u LOT B e N.69'40'46'1 1296.40 w1 �33.2d _-I_ 663.20 0 FEET 1200 1,56 ACA t+216.41 _ �— I I I HI r r 1029.Y9 \v� Y a FOUND MONUMENT (II ^ ^ ear D SET NO, 5 REBAR W/ PLASTIC CAP ` IL M N.$9' Z W BY LS NO. 11,015 N , N.t9.21Zt•E „�, s • Nil ca 2 n N N L a o e em o ; ^ LOT A aei Qe N CIR. SEC. 26 Y C7 Z 135.01 AC, FOUND NO.`REDAR W CAP ' e 129115 — — — — — 1323.16 — — _e 1/40�\1\ S.69°S9'44'W. 2646.31 —'I ZNi' \30.00 I c "I I 1J ai! (LOT Al OJ 21I N. 1/2 SW 1/4 I 3 oII SEC. 28 tl :,:l I i I I - I I TL SCALE' 1"=600' MA r/-CAfTV ENGINEERING CONSULTANTS, INC. p••ION 7E3 3RD AVrNU• DRAWN RI-IS ' 77a-7 CET' COLORADO M•TRO 440.4373 CHECKED APPROVED ,,f" NO 1631-1 OATV 0-15-05 •'I•ET 2 OP 3 9:0192 REFERRAL LIST NAME: Gene and Carolyn M. Bulthaup CASE NUMBER: RE-1487 REFERRALS SENT: March 25, 1993 REFERRALS TO BE RECEIVED BY: April 8, 1993 COUNTY TOWNS and CITIES _Attorney _Ault Y7 X Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriff's Office Eaton X 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 X Boulder _Platteville F-13 Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers _Southeast Weld F-16 USDA-APHIS Veterinary Service _Windsor/Severance F-17 _Federal Aviation Administration _Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton Central Colo. Water Conservancy Dist. _Fort Collins Panhandle Eastern Pipe Line Co. Greeley X Tri-Area Planning Commission Longmont X Boulder and Weld County Ditch Company _West Adams Howard Rasmussen 1754 Weld County Road 22 COMMISSION/BOARD MEMBER Longmont, CO 80501 9,74.0192 DEPARTMENT OF PLANNING SERVICE S f PHONE (303) 353-3645, EXT. 3540 �I��r��41V` WELD COUNTY ADMINISTRATIVE OFFICES WI I PC I� APR 0 b 1993 1400 N 17TH AVENUE GREELEY, COLORADO 80631 COLORADO "ry March 25, 1993 CASE NUMBER: RE-1487 TO WHOM IT MAY CONCERN: Enclosed is an application from Gene and Carolyn M. Bulthaup for a Recorded Exemption. The parcel of land is described as Lot A of RE-8O9, being a part of the N2 SW4, SW4 NW4, and the W2 NW4 NW4 of Section 28, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 5, approximately 1.25 miles north of Highway 52. 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 April 8, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. //` We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. _ 1 ) A Signed: ' / /C / Agency: "- Y l .w _' ', c Date:, IC c � 90392 . p rat r: DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 IWELD COUNTY ADMINISTRATIVE OFFICES 1111 pC EY,140 N. ORAO AVENUE O GREELEY, COLORADO80631 COLORADO March 25, 1993 CASE NUMBER: RE-1487 TO WHOM IT MAY CONCERN: Enclosed is an application from Gene and Carolyn M. Bulthaup for a Recorded Exemption. The parcel of land is described as Lot A of RE-8O9 , being a part of the N2 SW4, SW4 NW4, and the W2 NW4 NW4 of Section 28 , T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 5, approximately 1.25 miles north of Highway 52. 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 April 8, 1993, so that we may give full consideration to your recommendation. Please call Lanell J . Adler, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. CI, 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. �4 Signed: haysec([i dole, Agency: &d.n (ir" Ate' V Date: 3 . 2G , 95 iti MAR 3n 1993 9 AO'392 mEMORAnDUM Win Lanell Adler, Current Planner To Weld County Planning Date April 8, 1993 COLORADO �2] From Jeff Stoll, Environmental Protection Supervisor Subject Case Number: RE-1487 Name: Bulthaup, Gene and Carolyn 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 systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An Individual Sewage Disposal System must be located at least 100 feet from any well. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 4. Board of Health Policy requires that each residential facility be served by a separate individual sewage disposal system I\ APR 0 8 1993 90392 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-1487 for Gene and Carolyn Bulthaup in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 26 day of March, 1993. 930392 DEPARTMENT OF PLANNING SERVICES IDPHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO DATE: March 25, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RE-1487 An application has been received by the Department of Planning Services concerning the request of: NAME: Gene and Carolyn Bulthaup FOR: A Recorded Exemption. LEGAL DESCRIPTION: Part of the N2 SW4, SW4 NW4, and W2 NW4 NW4 of Section 28, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 5, approximately 1.25 miles north of Highway 52. The request is to divide a 138 acre parcel of land into two parcels of 133 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 Lanell J. Adler, 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. 930392 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Gene and Carolyn Bulthaup RE-1487 Lenard J. , Charles D. , and Famuer B. Rassmussen c/o Charles Rassmussen 8120 Weld County Road 1 Longmont, CO 80504 Virginia N. Shaw 1435 Weld County Road 16-1/2 Longmont, CO 80504 Raymond J. and Doris E. Cirbo Route 4 Longmont, CO 80501 Josephine H. Miles and Jane G. Sencebaugh c/o Robert J. Grisby 615 S. Alton Way, Apt. 4B Denver, CO 80231 Jack A. Mleynek 3388 Stonehill Lane Salt Lake City, UT 84121 William E. and Margaret Kobobel 7909 Weld County Road 5 Longmont, CO 80501 Howard Y. Rassmussen 1754 Weld County Road 16-1/2 Longmont, CO 80501 Jack P. Wolfe 7249 Weld County Road 5 Erie, CO 80516 Stromquist Farms 12189 Oxford Road Longmont, CO 80501 The Travelers Insurance Company P.O. Box 17480 Denver, CO 80217 Snyder Oil Company 3939 Soco Parkway Evans, CO 80620 Basin Operating Company 370 17th Street, #1800 Denver, CO 80202 9(30;392 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property l ;s,vrf &A,fi P c Y4i2-ot_.t,, i ,n. a?ukrgiltfle2 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 foregoing instrument was subscribed and sworn to before me this /5 day of YY\G vl\ , 15(_1?.. WITNESS my hand and official seal. My Commission Expires: "•? r--Tssion Expires: 7/22/1996 f ")/, > 72L77/ •` UL WIMP Notary Public rtt ^O Pr`501 930392 NAMES r' PROPERTY OWNERS WITHIN 500 FED_ Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION it �d Csowsi 8.l, 1 PNnJn S#0etaeLcs D.4-/AM Net 6 eh chM-Ls Sac we-<vru+ 14 i �rAgMcnr ao re°C°P /-3i3 'LB Coco 08 S14104) Vargas/in. A1. /4-3S (4,,64-oC.o Lb Rot 1.4sui tegrQ> 8Q≤ ' /3i3ZBEaio 38 eirbn, Attest Donis E RT 4 LenyMs. r-d, cloSv[ l 3I 3LgiCkte)o /a 111'LEs�,5a≤en�iine It 7E �ENCL Bd✓ j Ling r C/o Gr.' &RI £o/SEa-r J. 6/S S. 9LTonl Cu4c 4r 45 Dedie..4 go z31 /3/3L8ctro 11 Mi< . yw )< -TACK 4 33863 Sromr U- <9he. STILT <Ake0;J1 ur0i4- b'izill /3/32garicJC ISO BOBPLJ L.ha../thin E/Juilita s elA25wwsr 790 9 wren Ge As) C 1-4k) nwnT O. Sigel 13'3sacra OS` SNAw, din,is.. i✓ /es ev,e 0 ao /t* ii t 4 tut moor QV BoCoi /313nlomo ≤y „iv.,J, Iinala e n Y / 73-3/4 Ai6AD do (LA I to 17 �e.¢4VWi a reolsl /3l3 L4 re-no z-‘ LI)O1->;l:Fitt ck / �/Z 4'9 w91—o 0.t Ii 5"' L/L', e Qo &OSl6 / 313L90anvzS 110 g063FLJ[Au.,e n ,:dam.s eIMR6APer 99o? 4'A0 &a 212 C AKq i.x.osr ggoco l 1313 69ooeo el SifLor15?,„sr FM puns /2./ 89 txroto n2? Lcnrl mwnr & g.0C0 1 313zg0000S7 9�1»0192 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. //,, Subject Property a.ErE Bu.. -rMAcPRi1A2oi.qu An, 8%)k-7HAUr 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. yet-v-e The foregoing instrument was subscribed and sworn to before me this j [' day of p,rc\1 , 19`13 WITNESS my hand and official seal. My Commission Expires: 77172/ / (7ni..r-htry Frn) Tal/tAG Notary Public .:;, CO 8050i 930392 NAMES OF N_.IERAL OWNERS AND LESSEES OF MINh.. .LS Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE m I N f ►CAL.- (ow a ti TL/lr r-i SAS :LAW rancert Ut S Lei 1T'c. Bali-et/ARD Su , ra A[o P0 8v>c / 7440 DemL/F . 9)0 2- ( 7 j Fcrerc of /71 in/1.2nt..S' � nluar= 12 O"- tPANy 3939 Snc-o Attu/A ? E ANC 86 6.t0 e4s1,l oPriAtIi n (o . 370 i 7ttt St -4 ! Ana, nit VE 0.41 �3nz.-ov- 9Z)0392 • AR2136182 B 1191 REC 02136182 03/30/88 15 : 33 $12 .00 1/004 F 1.67 MARY ANN FEUERSTEIN CI K & RECORDER WELD CO, CO SPECIAL WARRANTY DEED State Documentary Fee DatOniae.h..3ZlZ $ cir1..Q ..------------ THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation, whose address is Post Office Box 8161 , 2121 North California Boulevard, Suite 1000 , Walnut Creek, California 94596-8161 ("Grantor") , for and in consideration of $250 , 000 . 00 in hand paid, has granted, bargained, sold and conveyed, and by these presents does grant , bargain, sell , convey and confirm unto H. GENE BULTHAUP and CAROLYN M. BULTHAUP whose address is 698 Highway #52 , Erie , Colorado 80516 ("Grantees" ) , their heirs and assigns forever, all the real property , together with the improvements , if any , situate , lying and being in the County of Weld, State of Colorado (the "Property" ) , and as described on Exhibit A attached hereto and incorporated herein. TOGETHER WITH all and singular the hereditaments and appur- tenances thereunto belonging , or in anywise appertaining, and the reversion and reversions , remainder and remainders , rents , issues and profits thereof ; and all the estate , right , title , interest , claim and demand whatsoever of the Grantor, either in law or equity, of , in and to the Property. EXCEPT, specifically excluded from this conveyance are any and all mineral rights and interests of the Grantor which shall be reserved by the Grantor. TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances , unto the Grantees , their heirs and assigns forever. The Grantor, for itself , its successors and assigns , does covenant and decree that it will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceful possession of the Grantees , their heirs and assigns , against all and every person or persons claiming the whole or any part thereof , by, through or under the Grantor, subject to those items described on Exhibit B, attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its Regional Director and its corporate seal to be hereunto affixed, attested by its Assistant Secretary on this Ath _ day of March 1988 . GRANTOR: [ lA .. S� ff THE TRAVELERS INSURANCE COMPANY . I a Connecticut corporation • j t cm 1 •; x Z-YZ1. L ro k14' 5� n� Neil Hamilton , its Regional Director ATTEST: Marion Blackwood, Jr, Asst Sec. J - 1 - 9;,;0' 92 B 1191 REC 02136182 03/30/88 15 : 33 $12 .00 2/004 F 0168 MARY N FEUERSTEIN CLERK & RECO: 'sR WELD CO, CO STATE OF CALIFORNIA ) ss . COUNTY OF CONTRA COSTA ) The foregoing instrument was acknowledged before me by Neil Hamilton as the Regional Director of The Travelers Insurance Company this 8th day of March 1988 . WITNESS MY HAND AND OFFICIAL SEAL. My commission expires : 7 Notary Public (SEAL] OFFICIAL SEAL C7TiNA L. CARLSON C.il%0RtlIB CON i sA COSTA COUNTY My commission epees Sept.20.1991 71166 - 2 - D-BultWD 914"l92 B 1191 RFS' 02136182 03/30/88 15 :33 $12 . 00 3/004 F 0169 M. f ANN FEUERSTEIN CLERK & R .ORDER WELD CO, CO EXHIBIT A (Legal Description) The North 1/2 of the Southwest 1/4, the Southwest 1/4 of the Northwest 1/4, and the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 28, Township 2 North, Range 68 West of the 6th P.H., County of Weld, State of Colorado. 930192 B 1191 REC '2136182 03/30/88 15 : 33 $12 .00 4/004 F 0170 MAR\ ANN FEUERSTEIN CLERK & REC DER WELD CO, CO EXHIBIT B Exceptions 1 . Right of way for Weld County Road No. 5 over the Westerly part of subject property. 2. Right of way for Boulder and Weld County Ditch. 3. Terms, conditions , stipulations and obligations which do not contain a forfeiture or reverter clause, as contained in and burdens imposed by MEMORANDUM OF AGREEMENT by and between E. HAX SERAFINI, dba COTTONWOOD FARMS LIMITED PARTNERSHIP, a Colorado limited partnership and THE CITY OF LAFAYETTE, recorded OCTOBER 1, 1985, in Book 1086, Reception No. 2026818. 4 . Easement and right of way for right of way purposes, as granted to Panhandle Eastern Pipe Line Company by E. Max Serafini and Doris Ann Serafini, in instrument recorded DECEMBER 16, 1977, in Book 817, Reception No. 1738905, said easement being over the following described property: That part of the North 1/2 of the Southwest 1/4 of Section 28, Township 2 North, Range 68 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows : Beginning at a point on the West line of said North 1/2 of said Southwest 1/4, said point being South 00°00 '00 " East on an assumed bearing a distance of 1330.25 feet from the Northwest corner of said Southwest 1/4; thence South 89°58'39" East and running approximately 30.00 feet North of and parallel to the South line of said North 1/2 for a distance of 2509.30 feet to a point ; thence North 65°33 '27 " East for a distance of 151 . 10 feet to a point on the East line of said North 1/2, said point being South 00°01 ' 12 " West a distance of 1247.67 feet from the Northeast corner of said North 1/2 of said Southwest 1/4. 5. Easement and right of way for right of way purposes, as granted to Amoco Production Company by E. Max Serafini and Doris Ann Serafini, in instrument recorded OCTOBER 13, 1978, in Book 848, Reception No. 1769645, said easement being over the following described property: Beginning at the Northwest Corner of Northwest 1/4 of Southwest 1/4 of Northwest 1/4 of Section 28; thence East a distance of 30 feet, more or less, thence South a distance of 10 feet, more or less, to the True Point of Beginning of a 20 foot wide permanent easement; thence East 625 feet, more or less, thence South 1880 feet, more or less, thence East 1575 feet, more or less, to a point 35 feet, more or less , West of the centerline of the Boulder Weld County Canal as it now exists ; thence parallel to and 35 feet Northerly and Westerly side of the centerline of the Boulder Weld County Canal a distance of 500 feet, more or less, to a point on the West line of the Southeast 1/4 of said Section 28 to the point of termination. Also an additional 30 foot wide temporary construction easement adjacent to the above described permanent easement . 6. Terms, conditions, stipulations and obligations which do not contain a forfeiture or reverter clause, as contained in and burdens imposed by Right of Way Agreement by and between Cottonwood Farms and Vessels Oil and Gas Company, recorded DECEMBER 18, 1984 , in Book 1052, Reception No. 1992378. 7 . Oil and gas lease between E. MAX SERAFINI AND DORIS ANN SERAFINI and ROBERT A. SHAW, recorded JANUARY 15, 1971 , in Book 639, Reception No. 1560549, and any and all assignments thereof, or interests therein. NOTE: Affidavit of Production extending said lease recorded July 11, 1974, in Book 1640379, Reception No. 1640379. 9°:0't92 Order No. 8507749 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 3O. 1972. LEGAL DESCRIPTION: Lot A of Recorded Exemption No. 1313-28-2-RE 809, recorded December 13, 1985 in Book 1095 as Reception No. 02035755, being a part of the N1/2 of the SW1/4, the SW1/4 of the NW1/4 and the W1/2 of the NW1/4 of the NW1/4 of Section 28, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1887155 , Book 964 Reception No. 2067106 , Book 1125 Reception No. 2136182 , Book 1191 Reception No. 2136183 , Book 1191 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 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 9th day of March . A.D. , 1993 . at 7:00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By>74 E'i u21-- 1. A •a_ty\ AUTH RIZED:SIGNATURE 9*' 32 I d 114715$ 8 0964 REC 01087155 0J/i0/R9 99.52 66.00 1/0002 S.s i 1706 MART ANN FCUERSTEIN CLERK RECORDER WELD CO. CO ..........�_. _. .......... Tins DLLD.DW nn in end JasLy . .la$1 , l� b...... E. 10.E S}MPDII and COATS AMSITANdF II eltm ran,et Maas ,ad Samoa,r.Isr.d..al Mfunt to Currcia.DOltO FARE LDO'RD PAI21 UP, a Colorado halts! • 'ffrl.G.RS:P 24042 Fast 160th avenue, Brighton • any CuanpM Maas aad Sang (*krW.all he naval Mrt. I •$T ESKETN.That the taS pate Otto oral pert hand ane.Wrurg TWO Collar. ($10.00) ;� . d niter(1.4.Wu v,»aable o.drd.aratia.n IDLCSY ` and Is me».d l.n lea et the fast pats in head cog by vM may 4th.wN Me,.I he ean.si.Print n 1 A MnaptaaFwd,M rlu•:Npd...wp.nn..svrvv4Wd.M non,M.W b On.Irwin M . gnat Yqun.»s nave;.M 66666 a.on.IM»J..e.( alt.. w pan.yV Y...sad newts in .».a Or 1..IIw.q Lind IA of Hrra of Ina.w man.IvyW Women Ill dram told .M Men 4 nano..t..a. I' That property tor tont particularly described in DtibLt •A• attached 1 hereto and incorporated herein by this reference. j lI ! Ii No documentary In recurred. . II asdana as'lint ed swab 1' • norrote.P4.5 sad.Mule Or Mr,d.t nano sad annna.sm turgebl..Mae.n a M,.'.t a.... II n.tar sal IM u.,na co t.., n bM n tool, l , .a.. ne.t .. ..ndrn. ,..sw.W p M.ax,tM.see at Ill II ......e.t.ae.t. ;a..,nv,ni.ela.end Matti ni idiots..sir of lot ua no lea of On Ono a Mott It in,se I NUn uts.ndn ownMn biotin*.personas,an lb n..»s,vl Inetlat naad ameelmaaen. I• • j le NAND AND A » woe*the a p,a .stave Mrryvand ban d atid tab tY sn nM. vt...M,the I J petty a Ill��'rT�d evt. its Inn sad e..tr..Mtn fir AM Its mod tats ies fill IM ant tp< 1 1 It. the eeoyes,/IlftSneelas.w dna. . ,saet.r w.a.Dem.saeten..ad ten le II nn 0..4 tvt y ellYv.ad peel. its as.,.sad atye..that M IM lint.1 IM MMs6M W damn II . i ammo penman they aye wa wWgihe p.sur..Ynan.pd.va P reelter.. le.t.sealeaW . r4Fa,W.,bb anMnl.ne..ea Inc no ot n.pt..M Imbue ewdrn..luspor sal lwlhnr it to COM.Megan. ei sal rv,g the urn.aster W taw as armed.ad that the any ante,*sad ewer Ina at Ivor M M Me stars.bares,....LL..hon. nr.».wn.sad.aoYspu at natant bMet sever except general tams foe 19$1. Se and p yahl.. Jafaary 1, 1992. Fad subsequent years; stating rights-of-ay and ease tsl any llen created I. by reason of the inclusion of said property in the Northern Colorado Mater II anserva District, Ur icear sit Soil C atservatim District, aid U. Longmont I `Z- K.y •� Fire Protection District; II • .1 sdlhe.M,.1.vwnrA pre.n.s»oho v..et.ndpv..hbp,rsnn..lt h...apn y gran'5 mamma •1 itt heir..nd.n.w,vuua dt,..d.ory rt.un.r»s....gaunt dourest.toe Wm the.YL vent Pan II IYmrthe n.4 nrl Fes 4lM bra port.,al and sill%ARRA%T AYD EMI EVER DEFEND. 1.wall IkeAICR Y.ul.lr..dr.rtln .non Ora WrlM u/er»I UtaIA.Na . Nd I7 a 1M Alradl.n,ss.d nag*. s / e` ?'P ..-er AeLAL, . Ip Ali hen Serafini i la L, STATE UIrvIWRA Wt. ' r..Inr.f Dr"flat,- II .1 Ile A.M.M+Mn IMMO um vtn.Ldnd Ybr,o nn 'LIt gavel/a'n'd•dd/ — � u s oar E. Max eera[1ni and Dori Ann tkratl , ld - - . ...r ern (aYd'v (r .D 83 .euan.i Nod set nnJp. JII 7R,D.VDed+ed. 611 r7U..7yatr t' if • `-1\:r` .La4.erne r/.,, l✓'--a:....1. M.»...... I - I�.r/( din .n,.I. dims.... (. huP3 il nLO•.. • r__: - - __._ _ JI as^Rnasiin BRO.•e SaM.a.Inn- bean e.a.•y.•••as. Wu.ultu MM•MO•sea_W I. 1 e 90' 92 • B 0964 REC 01007155 u3/Su/N2 09:52 66.00 2/002 F 1307 NARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, C0 . a ' • EXHIBIT °A• TO THAT CERTAIN WARRANTY DEED DATED JANUARY 1. 1911 NITN AS N FIRST PA E. MAX I ART AND NpAPINl PARTIES THE COTTONWOOD OT O OODM FARMS LIMITED PARTNERSHIP AS PARTY O THE SECOND N 4- The Worth half (N 1/2) of the Southwest q (SW 1/41. • the Snutten.tt v.. rLei :5, /41 of the Northwest quarter INN 1/41, and the West half 1W 1/21 of the Northwest quarter (NW 1µ) of the Northwest quarter (NW 1/4) of Section twenty- eight 1291. Township two (2) North, Pantse eixty eight (50) West of the 6th P.N.. Weld County, Colorado' together with all ditch and water rights connected with or appertaining to said property including two (21 shares of the preferred capital stock of the tower boulder Irrigating Ditch Company, two and one half (2-1/21 shares of the common capital stock of the Lower boulder Irrigating Ditch Company, Six and one- h•If (6 1/2) shares of the capital stock of the Base Line Land and Reservoir Company, and one (1) share of the capital stock of The Boulder and Weld County Ditch Company. (l. • • • l. . - - 90392 • L n k , AR2067106 - B 1125 REC 02067106 08/29/86 10:33 818.00 1/006 _ P 2140 MARY ANN PEUERSTEIN CLERK 4 RECORDER HELD CO, CO I PUBLIC TRUSTEE'S DEED • THIS DEED.Made August 28 .1986 .tct+ern Ann D. Nye a the Public Twice.d the County of Weld e Colordo.rd The Travelers Insurance Company, a Connecticut Corporation, /4 Orinda Way, /200A, Orinda, CA 94563 ' P•chaertsk WITNESSETH: I. Whereas. E. Nes Set-ailed and Doris Ann Serafini ed.by Deed°Tnnt dad October 31 .1980 .and, oscd m the office of de Clerk and Reorder of Ow 'I ,i • Canty of Weld .Cokeado,m November 3 .1980 .in ErA 919 a Pie . (film No. .Receple°No.1840522 I•rain so she Public Trustee a Tnat the proprny I� hereinafter described to scant the p.ynn of the indebtedness few del in said Deed of 1n'&and • I W,crew,a violation was made ill certain of the keno and cercwas of said Deed of Taint r awn by the mxke of election and demand for We fled with the PeMr Trustee.a coq thend king recorded in de office of said County Clerk and Reaadet the said li popeny ins adcensed for sale as public mrctioe a the plre rd is the manner pus idol by Is W by said Deed o Trust.adacnpyd ; • ' the netu of salt was is to tine mailed so the penom required by stoma.ad said property ma W pursuance of said notice sold", Ite Travelers Insurance Company, a Connecticut Corporations tr suns heteindter a forth I ad a cerofcate of paehaa thereof was made and recorded'• • and said property m having been redeemed from said ale Now.Therefore.Pe Public Trvatee pursuant to the pow ad ashrity want by law and by the said Deed of Trvan a such Public I V Then dthesum d5 425,000.00 so the Pubis Twice paid by the said Pun-bawds Be stip whereof is heeeby afaowkded.conveys to the said Pawls a tt i to beer%wet-essay and snips fens!••• • a8 We right,Mk atl Wriest which the Public Tnuee acquired purview so said Deed orTrva is and to be following described popery situ*is the County of Weld .Colones.to wt SEE Milli' "A" AITACBED 'Nothing herein shall be deemed to merge any interest of holder II'I with an existing and prior Deed of Trust executed by E. Max Serafini and Doris Am Serafini in favor of The Travelers Insurance Qnpany . enairttering all or any part of the foregoing real property and • illproverents.' • I To Have and to Hold the savor unto the said P mart sr i t• Win.sus-eum and naipu forever. Executed she day and car am above mines. • 6--.4.---.4—.4--" .--22.-/e------- ld (SEAL) .ta. rt a.wawa twos( .Coker. By / • tree,tier iwre STATE OFCOIDRADQ �t Cwmy d Held a I • 'I The foregoing Wannmeni was reknwkdged before me in the County of i, Held .Stmt aacolatadO.Om 28th da.d August .5986 by Anne D. Nye a the NNw Inert.•f the titan),of Weld .Colorado. „ , c my curt my hear and o cial le ether 15. 1987 —i aycr ,Od,` VAtneu my had and official sea _ t."' • t• '' Djp•, i 1020 i:1 :,L.Q J i t7J• 1 Ii "r.. el• .7•i ,1 I� wow*.rafor, .nr d—'-r•.w awe.at,-. .. Q r) •wm+r.e ere auMr•t•r....mono a pare airw+vr.rryi•eier n.fu,.is ane•.w..we an doMewul a.•mate.. \ ' s nth.,b b.brig vi, `s..M.kn.sea. IN air tennis ran ova...,win.. w. •.... ere.—..lee.:,. ..•••:ova. 11621 •a 9:0'192 t • B 1125 REC 02067106 08/29/86 10s33 $18.00 2/006 2141 MARY mine TEOERSTEIN CLERE 4 RECORDER WELD CO, CO EXHIBIT A WELD COUNTY, COLORADO, PROPERTY • The WI/2 of the SW1/4, the E1/2 of the SVl/4, and the St1/4 of Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Except beginning at the Northeast corner of said ti/2 of the Stl/4, thence running Vest 371-1/2 feet; thence South 178 feet; thence Last 371-1/2 feet; thence North 178 feet to the place of beginning; also except Beginning et • point on of the 6th P.M.he Last.vheece line Section6 68 eat the Lost quarter corner of the said Section bears North 178.3 feet; thence South along the East line of the said Section 470 feet; thence South 25' Vest 45 theses North 37' East•981 Get 6t feet; henceNorth 89'24t • feet; ' Last 371 feet to the point of beginning. Except those parcels of lead as conveyed by Deeds recorded in look 1001. Page 205, and is Book 1097, Page 544, Veld County tecords. Together with all ditch and water rights appertaining thereto, including nee meter tap of the Left land Water Supply Company: of the capital stock of The Smith end E>•041 Ditch Company, one share of the capital stock of The Coddle; Ditch Company; and 60 acre-feet of water es allotted to said pretties by the Northern Colorado Water Conservancy District; EXCEPT: ♦ part of the Southeast one-quarter of Section 16, Township 2 North, Range 68 Vest of the 6th P.M.. described as follows: Beginning at a point on the North line end 927.50 feet West of the Northeast corner of said SEl/4; thence Westerly along said North line a distance of 125.00 feet; thence on an eagle to the left of 88'47' a distance of 662.34 fast; thence on an angle to the left of 91'13' a distance of 331.00 feet to the West line of that property described in look 1001 at Page 205 of the Weld County Records; thence om am angle to-the left of 88'47' and along said West line a distance of 462.34 feet to the Southeast corner of that property described in Book 1097 at ?age 544; thence on am angle to the left of 91'13' end along the So6.00 to line of property • on as d angle se of to the0rightfoft91 13''eandualongt corner the Vest line of said property a distance of 200.00 feat to the point of beginning; except the North 30.00 feet thereof for County Rod Number 20-1/2, but including a nonexclusive right of way end easement for ingress and egress to and from adjacent property over and across the north 20 feet of the vast 125 Cost of the above described parcel; and all ditch and water rights appertaining to said premises. All that-part of the north half (M1/2) of the northwest quarter (NV1/41 of aectios 21, in township 2 north of range 68 west of the 6th P.M., described as follows: Beginning at the northwest corner of section 21, township 2 north of range 68 west; thence running south on the west lies of said section 21 4 distance of 1326 feet to the north boundary of Hershey bothers' land, thence running east (Variation 15' East) along the north boundary of Hershey brothers land a distance of 2077 feet to right of way of the D. V. 6 P.1.1. now the 1.11.1.1.1.; thence along the south end west side of said tat. right of way north 23'12' west • distance of 209 feet; thence north 29' west a distance of 588 feet; thence north 49' and )0' vest • distance of 540 fest; thence earth 5I' west • distance of 424 feet to a point at which the southwest edge of said 1.1. right of very intersects the north line of said section 21; thence west along said north line of said section 21 a distance of 991 feet to the point of beginning, at northwest corner of said section 21; And the northwest quarter (MWl/4) of the northeast quarter (MEI/4) of section 21, in township 2 north of range 68 west of 6th P.M.; 90392 B 1125 MEC 02067106 08/29/86 10,33 $18.00 3/006 P 2112 MART AIM PEUERSTEIM CLERE 6 RECORDER WELD CO. CO MIDIS (continued) (page o Also all of that pert of the north half (11/2) of the northwest quarter 2 oorth of range the 6th lying`east of the right s of t ray of the 6 Burlington and Ni if P.N. Railroad Company; Except parcel of lead as conveyed by Quit Clain Deed recorded in look 230, page 300. of Veld County records; lU? T0CETRER WITB ell ditch and water rights appertaining to said premises including two (2) shares of the capital stock of Codding Ditch Company, en undivided 6/lOthe interest in the Carr and Tyler ditch, and Creator's entire interest in the N. R. Smith end Tyler ditch and fifty (50) acre foot units as allocated to said praises by the Northern Colorado Water Conservancy District; The North half (N1/2) of the Southwest quarter (5V)/4), the Southwest • quarter ($Wl/4) of the Northwest quarter (Mal/4), and the Vest half (11/2) of the Northwest quarter (Mal/4) of the Northwest quar ( ht )6of 1/4) of West oon fthe treaty-eight (28). Township two (2) North, tango 6th p.M., Weld County, Colorado; together with all ditch end water rights operty thenpreferriedh or capitale stock of the iower to said rleulderi lrr isti g Ditch Company,hares ( two and one half (2-1/2) *bares of the common espial stock of the Lower bolder Irrigating Ditch Company, and six and one-half (6-1/23 one shares share capital stock of the lase Line Land and Reservoir Company. of the capital stock of The Boulder and Weld County Ditch Company; All that part of the 111/4 of the V11/4 of Section 17, in Township 2 North, gauge 6$ Vest of the 6th P.M.. Weld County, Colorado. lying Southerly of the line of the Denver. Utah and ?stifle lleilroad Company railroad tracks. All that pert of the SEl/4 of the SE1/4 of Section 7, in Township 2 North. of Range 6$ Vest of the 6th P.M., Weld County, Colorado. lying Southerly of the centerline of the D Utah and Pacific Railroad Company railroad tracts, with all ditch and eater rights apperainin$ thereto including ell grantors rights and interest out of Dry Creek and including int ttt feetin and to the of water per secoin and ond of time.s; Ditch and Decree The 11/2 of the 11/2 of Section 16, Township 2 North, Range 66 Vest of the 6th P.M.; and The SW1/4 of the 111/4 and the 11/2 of the SEl/4 of the Md1/4 of Section 17, Township 2 North, Range 66 West of the 6th P.M.; T0CETEER with all ditch and rater rights appertaining to said prrsises. including 1 domestic wear tap in The Left Band Water Supply Company; 6 shares of the capital stock of The Plumb and Dailey Ditch Company, meatiness known as The Codding. Dailey end Plumb Ditch Company; 6 shares of the capital stock of The Leggett Ditch and Raaervoir Company; 11.03/27th* interest in the Coffin Davis Ditch (and 2 cubic feet of water par second of time appertaining thereto); and 20 etre-foot mats of rater as allotted to said praises by the Northern Colorado Mater Conservancy District; EXCEPT a 1-acre parcel of land conveyed by deed recorded in look 716, Reception No. 1639711 of the Weld County records; SOT T0CITEIR WITR a right of wey described in instrmsent recorded in look 719, Reception No. 1641164 of said records;F0R of 1 acres, more or described in inet went[rip of recorded in Book 86,ag Page4387 of said records; less, 9;0192 • • • • 8 1125 REC 02067106 08/29/86 10:33 $18.00 4/006 12143 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A (continued) (page 3 of 5) TOGETHER with but not by way of limitation, 14 shares of capital stock of The Boulder & Weld Reservoir, 4 shares of capital stock of The Lover Moulder Reservoir 6 Ditch Coepany, S shares of capital stock of The Base Lino Land 6 Reservoir Company and all taps currently owned under The Left Rand Water Supply Company. The NVl/4 of Section 24, township 2 North, Range 68 West of the 6th P.M., EXCEPT a tract of land as conveyed by Deed recorded in Book 1640 at Page 287 sore particularly described as follows: BEGINNING at a point on the West line of the NV1/4 of said Section 24 from which the Northwest corner of said Section 26 bears Werth 1,211.67 feet; thence East 230.0 feet; thence South 183 feet parallel to the Vest line of the NW1/4 of said Section 24; thanes West 238.0 feet; thence North 183 feet along the line of the NWl/4 of said Section 24 to the POINT OF BEGINNING. And all that part of section 16, in township 2 north of range 60 vest of the 6th P.M., more particularly described as follows: Beginning at a point on So the south line of said section 16, 1296 feet vest of the southeast corner of said section 16; thence north 2'0X' west 33 feet to the true point of beginning; thence north 2'03' vest 663 feet; thence worth 0'14' east 181.6 feet- thence north 2'28' east 446.2 feet; thence south 89'53' west 601.3 feet; thence south 44'S7' vest 217.5 feet; thence north 54'15' west 455.1 feet; thence south NY3' vest 279.1 feet; thence south 61'58' vest 150.2 feet; thence south 7.41' west 397.1 feet; thence south 39.33' east 328.6 feet; thence south 40.10' west 930 feet; thence along the south line of said section 16 south 89'SS' east 2009.3 feet; thence north 40'S9' east 45.5 feet, sore or less, to the true point of beginning; A tract of land located in the 1121/46111/4 of Section 17, Township 2 North, Range 6$ West of the 6th P.N., beginning at the East quarter corner of said Section 17 as point of beginning; thence South 702.6 feet; thence North 56'SO' West 48.4 feet; thence North 1'09' East 193.3 feet; thence North 20'45' West 41 feet; thence North 52'37' West 280.2 feet; thence North 34'31' West 336.6 feet to a point on the Eau-West center line of said Section 17; thence South 89.55' tut along said center line 469.7 feet to the point of beginning; All located in Weld County, Colorado. EXCEPTING TMERERCN, certain property released by Partial Release of Deeds of Trust recorded on October 26, 1981, in Book 951 as Reception No. 1872741 and recorded on October 27, 1901, in Book 931 as Reception No. • 1872887 is the real property records of Wald County, Colorado, described as follows: • The vest half (W1/2) of the southwest quarter (SW1/4) of section 16, in township 2 north of range 68 vest of the 6th P.N.; / All that pekt of the north half (N1/I) of the northwest quarter (NV1/4) of section 21, in township 2 north of range 68 vest of the 6th P.M., described as follow: Beginning at the northwest corner of section 21, township 2 north of range 60 west; thence running south oo the vest line of said section 21 a distance of 1326 feet to the north boundary of Hershey Brothers' land; thence running east (Variation 15' East) along the north boundary of Hershey 'Brothers' land a distance of 2077 feet to right of way of the D. O. & P.R.R. now the 5.M.R.R.R.; thence along the south and west side of said R.R. right of soy north 23'11' west a distance of 209 feet; thence north I9' vest a distence of 588 feet; thence north 49' and 30' west a distance of 540 feet; thence north 52' west a distance of 424 feet to a point at which the southwest edge of said R.R. right of way intersects the north • 903: B 1125 REC 02067106 08/29/86 10:33 $18.00 5/006 ! 2144 MARY ANN YEOERSTEIN CLERX 6 RECORDER WELD CO, CO EXHIBIT A (continued) (page 4 of 5) line of said section 21; thence west along said north line of said section 21 • distance of 991 feet to the point of beginning, at northwest corner of said section 21; • And all that part of section 16, in township 2 north of range 68 vast of the 6th Y.N., sore particularly described as follows: Eaginnieg at • point on the south line of said section 16, 1296 fat west of the southeast corner of said section 16, thence north 2'03' west 33 feet to the true point of beginning; thence north 2'OS' west 663 feet; thence north 0'14' east 181.6 thence north 2.28' east 446.2 feet; thence South 89'53' west 681.3 feet; thence south 44'57' west 217.3 feet; thence north 54'15' west 455.1 feet; thence south 84'43' west 279.1 feet; thence south 61'58' west 150.2 feet; thence *ouch 7'41' west 397.1 feet; thence south 39'33' east 328.4 feet; thence south 40'10' west 900 feet, thence along the south lino of said section 16 south 89'S8' sat 2009.3 feet; chance north 40'59' east 45.5 feet, more or less, to the true point of beginning; All that part of the X11/4 of the 511/4 of Section 17, in Townsnip 2 North, of Range 68 West of the 6th Y.M., sore particularly described as follow: Beginning at the last quarter corner of Section 17; thence South oa the last ce line 702.6 feet; 41 feet;etheses6N52'37`W 260.2t(et;nthenc O 3 feet: 134'31'V336.6 fest to tat and West center line of Section 17; thence 569'55'[ 469.7 feet to point of beginning. The 11/2 of the SW1/4 and the 511/4 of Section 16/in Township 2 North, of Range 68 Vest of the 6th f.M., Wald County, Colorado, EXCEPT beginning at the Northeast Corner of said [1/2 of the SEl/4, thence running West 371 1/2 fast; thence South 176 feet; thence East 371 1/2 feet; thence North 178 feet to the place of beginning; also except Beginning at a point on the last line of Section 16, Township 2 North, of Range 68 West of the 6th P.M., whence the test quarter corner of the said Section bears North 176.3 feet; thence South along the East line of the said Section 470 feet;thence hence North South37' last 25'911 Wfest et; 45 feet; thence orh thence thence North 89'24't 48'20' East 371 Westfeet, feet to the point of beginning. Except a tract of land in the said 81/2 of Section 16, beginning at a point on the South line of Section 16, 1296 feet Vest of the Southeast corner of said Section 16, thence North 2'05' West 33 fast to the true point of beginning; thence North 2'05' West 663 feet; thence North 0'14' East 161.6 feet; thence Worth 2'28' East 446.2 feet; thence South 89'53' Vest 681.3 feet; thence South 44'57' Vet 217.5 feet; thence North 54'15' Vest 455.1 feet, thence South 64'43' Vet 279.1 fast, thence South 61'S8' West 150.2 Net; thence South 7'41' West 397.1 feet; thence South 39'33' East 326.4 feet; thence South 40'10' West 900 feet; thence along the South line of said Section 16 South 89'S8' East 2009.3 feet, thence North 40'59' East 45.5 feet, • sore or less, to the true point of beginning. Except those parcels of land as conveyed by Deeds recorded in Book 1001, Page 205, and in Book 1097, page 544, Weld County Records. Together with all ditch and water rights appertaining thereto, including (; one water tap of the Left Hand Water Supply Company; one and one-half shares of the capital stock of The Smith and Eons Ditch Company, one share of the capital stock of The Codding Ditch Company, end 60 acre-feet of water as allotted to said premises by the Northern Colorado Water Conservancy District; Subject to existing rights of way for roads, ditches and utilities, including rights of way described in instruments recorded in Book 694, page 394 and look 633, Reception No. 1354932 of the Weld County, Colorado Records, mineral lease recorded in Book 633 as Reception lo. 1559654 of the Weld County, Colorado Records; 920192 t . • • + , ' • 8 1125 PLC 02067106 08/29/86 10:33 $18.00 6/006 F 2145 MAR ANN PEDERSTEIN CLERK 6 RECORDER WELD CO, CO EEMISIT A (continued) (peso 5 of 5) TUNA COUNTY, COLORADO, PROPERTY All of Section 26, Township 4 North, tense 47 Vest of the 6th P.M., Tuna County, Colorado. AND DEEP! YWA caitiff, OD[LRADO, PROPFIiIY All of Section 26, Township 4 North, Range 47 West of the 6th P.M., YURI County, Colocado. • • I 9;0' 92 1 •�"�� AR2136182 B 1191 REC 02136182 03/30/88 15,33 $12.00 1/004 F 0167 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO SPECIAL WARRANTY DEED Stomp Documentary $ r2C.QO THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation, whose address is Post Office Box 8161, 2121 North California Boulevard, Suite 1000, Walnut Creek, California 94596-8161 ("Grantor"), for and in consideration of $250,000.00 in hand paid, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto H. GENE BULTHAUP and CAROLTN M. BULTHAUP whose address is 698 Highway /52, Erie, Colorado 80516 ("Grantees"), their heirs and assigns forever, all the real property, together with the improvements, if any, situate, lying and being in the County of Weld, State of Colorado (the "Property"), and as described on Exhibit A attached hereto and incorporated herein. TOGETHER WITH all and singular the hereditament' and appur- tenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property. EXCEPT, specifically excluded from this conveyance are any and all mineral rights end interests of the Grantor which shall be reserved by the Grantor. TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto the Grantees, their heirs and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and decree that it will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceful possession of the Grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to those items described on Exhibit B, attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its Regional Director and its corporate seal to be hereunto affixed, attested by its Assistant Secretary on this Atm day of March 1988. GRANTOR: [ScAL=A"tf THE TRAVELERS INSURANCE COMPANY '••. 7 a Connecticut corporation / • Ajsf cVt,tQ • re 3 5 ,3.3* Neil Hm iltcn , its Regional Director AT'1T''EST: Marian Blackwood, Jr„ Ms Sec. - 1 - • a cw • 4,G, % , , 6 03/30/88 , $12.00 2/004 P 0168 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO STATE OF CALIFORNIA Is. COUNTY OF CONTRA COSTA The foregoing instrument was acknowledged owDi before me by Nail Hamilton as the Rag of The Travelers Insurance Company this 8th day of Mardi . 1988. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 9 -9"/ No€ ry Public I SEAL] OFFICIAL SEAL CEnTIN*L.CARUWN WNtra CODA COUa7 , A ass.F.nIemNil 71166 - 2 • - D-BultWD • - h .. 2 • • • B 1191 REC 02136182 03/30/88 1St33 $12.00 3/001 F 0169 MARY ANN FEllERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT A (Legal Description) The North 1/2 of the Southwest 1/6, the Southwest 1/4 of the Northwest 1/1, and the West 1/2 of the Northwest 1/6 of the Northwest 1/4 of Section 28, Township 2 North, Range 68 test of the 6th P.M., County of weld, State of _ Colorado. • • • 9ZI .• 2 et B 1191 REC 02136182 03/30/88 15.33 $12.00 //006 _, F 0170 NARY ANN ►EUERSTEIN CLERK & RECORDER NELD CO, CO EXHIBIT B Exceptions 1. Right of way for Weld County Road No. 3 over the Westerly part of subject property. 2. Right of way for Soulder and Weld County Ditch. 3. Terms, conditions, stipulations and obligations which do not contain a forfeiture or lance, as contained in and burdens imposed by MEMORANDUM OF AGREEMENT by and between E. MAX SERAFINI, dba COTTONWOOD YAMS LIMITED 9ARTNERSRI►, a Colorado limited partnership and THE CITY Or LA►ATETTE, ded OCTOBER 1, 1983, in Nook 1086, Reception No. 2026118. J, Casement and right of way for right of way purposes, as granted to Panhandle Eastern Pipe Line Company by E. Max Serafini end Doris Mn Serstini, is instrument recorded DECEMBER 16, 1977, in Book 117, Reception No. 2730903, said being over the following described property: That part of the North 1/2 of the Southwest 1/4 of Section 21, Township 2 North, Range 68 West, Weld County, Colorado, being more particularly described as a strip of land 30.00 feet in width, the centerline of which is described as follows: Beginning at a point on the West line of said North 1/2 of said Southwest 1/4, said point being South 00'00'00" East on an assumed tearing a distance of 1330.23 feet from the Northwest corner of said Southwest 1/4; thence South 89'58°39" East and running approximately 30.00 feet North of and parallel to the South line of said North 1/2 for a distance of 2509.30 feet to a point; thence North 65'33'27" East for a distance of 131.10 feet to a point on the East line of said North 1/2, said point being South 00'01'12" Vest a distance of 1247.67 feet from the Northeast corner of said North 1/2 of said Southwest 1/4. S. Easement and right of way for right of way purposes, as ganted to Amoco Production Company by L. Max Serafini and Doris Ann Serafini, in instrument recorded OCTOBES 13, 1911. in Book 141, Reception No. 1769643, said easement being over the following described property: Beginning at the Northwest Corner of Northwest 1/4 of Southwest 1/4 of Northwest 1/4 of Section 21; thence East a di f 30 feat, more or less, thence South a di f 10 feet, more or less, to the True Mat of Beginning of a 20 foot wide permanent easement; thence Cat 625 feet, sore or less, thence South 1880 feet, more or less, thence East 1573 feet, more or less, to a point 35 feet, more or less, West of the centerline of the Boulder Weld County Canal as it oov exists; thence parallel to and 33 feet Northerly and Westerly aide of the line of the Boulder Veld County Canal a distance of 500 feet, more or less, to a point on the Vest line of the Southeast 1/4 of said Section 28 to the point of termination. Also an additional 30 foot wide temporary construction easement adjacent to the above described permanent easement. 6. Terms, conditions, stipulations and obligations which do not contain a forfeiture or reverter clause, as contained in and burdens imposed by Right of Way Agreement by and between Cottonwood Farms and Vessels Oil and Cas Company, recorded DECEMBER IS, 1964, in Book 1052, Reception No. 1992378. 7. Oil and gas lease between E. MAX SERAYINI AND DORIS ANN SERA►INI and ROBERT A. SIw1W, recorded JANUARY I3, 1971, in Rook 639, Reception No. 1360549, and any and all sasignsente thereof, or interests therein. NOTE: Affidavit of Production extending said lease recorded July 11, 1974, in Book 1640379, Reception No. 1640379. • t . •a (4) � <. ' 2 '5 1191 REC 02136183 03/30/88 15:33 AR2136163 F 0171 MARY ANN FEUERSTEIN CLERIC 6 RECORDER�WELD C00 O. CO QUIT CI--LA—7M DEED whose EdTRsVELLERS INSOLR INSURANCE B��,,a2 Connecticut tacorporation, Boulevard. Suite 1000, Walnut Creek, California 94596-8161 ("Grantor"), for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and suffi- ciency of which are hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remiss, release, sell, convey and QUIT CLAIM unto H. GENE BULTHAUP and CAROLYN M. BULTHAUP whose address is 698 Highway /52, Erie, Colorado 80516 ("Grantees"), their heirs and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to all water rights of record owned by Grantor as described on Exhibit A attached hereto and incorporated herein by this reference, and utilized in conjunction with the real property located in the County of Weld, State of Colorado, and as described on Exhibit D attached hereto and incorporated herein by this reference.Grantor ties,Erepresentations oreguaranteescinlconjunction widisclaims thwthean existence, priority or adjudication of any such water rights and its ownership interest in and to any such water rights. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges [hereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever.IN NESS EOF, the name to beThereunnttooRsubscribedrby[or itshas Regionald its Directorpr andte its corporate seal to be hereunto affixed, attested by its Assistant Secretary on this 8th day of March , 1988. [SW1 A,re4 GRANTOR: r ;i% ..) - `N THE TRAVELERS INSURANCE COMPANY, r A„ : — a Connecticut corporation ri c By: 6^— Neil Hamilton - 1 1 its Regional Director ATTEST: 111M Arnci Marion Blarkwood,Jr,Asst. . STATE OF CALIFORNIA ss. COUNTY OF CONTRA COSTA The foregoing instrument was acknow1edgged before me by Neil Hamilton • as the Lionel Director of The Travelers Insurance Company this �-day o— f�rrH ' 1988. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires:Pte!%Y Notary Public i / Ol Cr1 AL SEAL 71166 CH"ISTINA L.CARLSON D-BultQC •+:'<•"usc oats"couTRA.. w. ,h a...0 en FARM A e • a ' • 62 •, • II 1191 REC 02136183 03/30/88 15,33 89.00 2/003 t 0172 MARY ANN PEDERSTEIN CLERK i RECORDER WELD CO, CO EXHIBIT A (Water Rights) 2 Shares of the preferred capital stock of The Consolidated Lover Boulder Reservoir and Ditch Company. 2.3 Shares of the common capital stock of. The Consolidated Loiter Boulder Reservoir and Ditch Company. 6.3 Shares of the capital stock of The Baseline Land and Reservoir Company. I Share of the capital stock of The Boulder and Weld County Ditch Company. Ii e • ' 2 • �•t• B 1191 REC 02136183 03/30/88 15t33 $9.00 3/003 F 0173 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO. CO EXHIBIT 8 (Legal Description) • The North 1/2 of the Southwest 1/6. the Southwest 1/6 of the Northwest 1/6. and the West 1/2 of the Northwest I/6 of the Northwest 1/6 of Section 28. Township 2 North, Range 68 West of the 6th F.N.. County of Weld. State of Colorado. • • • • • • 1- e .;♦ • ct DEPARTMENT OF PLANNING SERVICES ip PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREEL EY, COLORADO 80631 COLORADO March 25, 1993 Gene and Carolyn M. Bulthaup 620 Highway 52 Erie, CO 80516 Subject: Recorded Exemption 1487. Dear Mr. and Mrs. Bulthaup: Your recorded exemption application is complete and in order and will be processed on or before April 25, 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Tri-Area Planning Commission for its review and comments. Please call Jay Curtis, at 659-8112, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Tri-Area Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please call me. Sincerely, �7 Lanell J . A er Current Planner LJA/sfr 9:-0'392 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO 631 COLORADO 80631 COLORADO April 22, 1993 Gene and Carolyn Bulthaup 620 Highway 52 Erie, CO 80516 Subject: RE-1487 - Request for a Recorded Exemption on a parcel of land described as Lot A of RE-809, part of the N2 SW4, SW4 NW4, and W2 NW4 NW4 of Section 28, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Bulthaup: I have scheduled a meeting with the Board of County Commissioners on Wednesday, April 28, 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, / o �Laannell J. Adler Current Planner LJA/sfr 41:10192 Hello