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Home My WebLink About931084.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1542 - JOHNSTON 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. 1542, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1542 was submitted by Curt L. and Rose M. Johnston for property which is described as Lot B of Recorded Exemption #876, located in part of the NE} of Section 20, Township 6 North, Range 64 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 60 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 ISDS permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 4. An ISDS must be located at least 100 feet from any well. XL-75-44,2 931084 /�.L-7.J4lo2 ec; PL, LiaHNSToN RE: RE I/ 1542 - JOHNSTON PAGE 2 BE IT FURTHER RESOLVED by the Board that the applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D. , 1993. ,,ff�f BOARD OF COUNTY COMMISSIONERS ATTEST: //�� atein WE COUNTY, COLORADO Weld County Clerk to the Board �� (AYE) Constance L. Harbert, Chairman BY: /1/� (QQljIJ P f0,(AYE) Deputy erk to the Board W. We st r, P -Tem APPROVED AS TO FORM: AYE Geor E. Baxt r AYE unty AttorLey Da�e K. Hall 1 B rbara J. irk r�X G[1i�� (NAY) Barbara J. Kirk eyer � 931084 CONDITIONS OF APPROVAL Curt and Rose Johnston RE-1542 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 Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 4. An individual sewage disposal system must be located at least 100 feet from any well. 9*1.081 Psis sr7 , DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140EY, N. RA AVENUE a COLORADO GREELEY, 80631 COLORADO October 20, 1993 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1542 Dear Commissioners: This request for a recorded exemption is submitted by Curt L. and Rose M. Johnston. The parcel of land is described as Lot B of Recorded Exemption 876, located in part of the NE4 of Section 20, T6N, R64w of the 6th P.K. , Weld County, Colorado. The property is located approximately 2 miles northwest of Gill, south of State Highway 392 and west of Weld County Road 53. This request is to divide a 65 acre parcel, which is the total contiguous land holdings of the applicant, into two lots of 60 acres and 5 acres, more or less. Water service to the present home is provided by North Weld County Water District and is proposed for the new residence. Sewer service to the existing dwelling is septic, and a septic system is proposed for the 5 acre home site. The Department of Planning Services' staff recommends that this application be denied. The property in question is Lot B of Recorded Exemption 876, approved by the Department of Planning Services in 1986. Lot A of Recorded Exemption 876 is 3 acres, more or less, and contains the homesite of the original parcel prior to subdivision; it is situated directly south of and also accesses Weld County Road 53 (see plot plan) . The approval of Recorded Exemption 876 allowed the applicants to sell the 3 acres and build a new residence on the 65 acre lot. The applicants are now proposing the division of this lot so that they may sell the agricultural ground with dwelling and construct another residence on the proposed 5 acres. The applicants have not demonstrated that this request is consistent with efficient and orderly development. Where in 1986 there was one dwelling on 68 acres, the recorded exemption process has been used to subdivide and build a second dwelling and now, propose a third. The Johnstons are single-handedly creating a linear subdivision along this 1/2 mile stretch of Weld County Road 53. The staff is concerned about the type of piecemeal development that is occurring at this location. Continued divisions utilizing the recorded exemption procedure evade the intent and purpose of the Weld County Subdivision Ordinance. 9310.♦ dot. RECOMMENDATION Curt and Rose Johnston RE-1542 Page 2 It is the opinion of the Department of Planning Services' staff that sufficient reasons have not been given by the applicants to warrant creating an additional lot. Agricultural Policy #7 of the Weld County Comprehensive Plan sets forth guidelines for allowing the division of an agricultural lot into two separate lots. The purpose of the guidelines are to: 1. Enable the property owner who is retiring an opportunity to live on or sell the existing farm improvements; 2. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite; or 3. Enable the property owner to provide a residence for direct member of the farm family and also for workers employed at the farm. The applicants' intended use of the property does not meet this criteria for approval. Due to the above-mentioned reasons, the Department of Planning Services recommends the Board of County Commissioners deny this request. Respectfullyy Submitted, ' •, ham^^--__. lo a Dunn rent Planner 5371181 yq byipw.., y. y I I x ,f 4 * f I ~ .�.�.,_ IlsI1� ... .. ' aa 6� I R� ',I� i" • t to ..' ,•t 1 Ya' j r ..y� �Y t 1 , �r4#�Mif;W / ,y hoisyt e ; 4 _ S of j ` •}{" is t • �ta r, „ c r • � • ti hi p. r it • A ta. 9d? d y t F . . r L : � „f t ' "" E27 I n fi, _ �' i:-4.4'lii i 4xwc. •1 ¢p \M\M) raY 1 S .�1 3>�• iitil A.x r R' ri . y Q I. ' ` Y r I 9 .. r i �° n Ak ut i yrr, CC k�[ a ,t:. jFf a.a•� . ` !1 y . ,' 'a . ... t b` nnMYwf ' • it rt " .rn a'�`tfis. -..J':-.".1,44. ..,..4,. i a{ • ,:, U ,�f", 441,1, �. yr"1 1 ! .., .'.J':-{ ti a. ti }q t q �+ w rr\'" '7 d1:t N7i �# tt �t a• k t „_ .• dt • itliV • Cd ;ma y,• �... ` I .q: [I. � 3 f �. b 4 z°t s° irk"k $ e t l v "r • efis • {]! 3 I -wh S iiimk i p r, FIELD CHECK FILING NUMBER: RE-1542 DATE OF INSPECTION: October 1, 1993 APPLICANT'S NAME: Curt L. and Rose M. Johnston REQUEST: A Recorded Exemption LEGAL DESCRIPTION: Lot B of RE-876 (correction plat) in part of the NE4 of Section 20, T6N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles northwest of the Town of Gill; south of State Highway 392 and west of Weld County Road 53. LAND USE: N State Highway 392, agricultural production. E Weld County Road 53, agricultural production. S Residence and barn, agricultural production. W Agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Accesses to the property are from Weld County Road 53, a gravel-surfaced road. The property is mostly in hay and pasture and also contains a residence and corrals. There is an existing farm road access where proposed Lot A would be situated. There are about 5 residences within 1/4 mile of the 65 acre site. Gloria un Current Planner 971081 • ADMINISTRATIVE REVIEW FLOW SHEET CASE # 7 i- /-5-142- if APPLICANT: C,14./ .,../..- i� 7 ieerd-C ''III V/'-r S it -,^._ i 2 REQUEST: /‘ -&- LEGAL: Lb+ g 6 ?74 (c:, r pa') 1 /, ei- ht �' "' ,26- 6 -- V '' /' / LOCATION: OX• 02 yet: /V^/1W d1 (Dil/i S //L ) / s .1 J zJCX 3ii Date By Application received -// --3 - e/-3 S 9 Application complete 3 - / 3 V Letter to applicant drafted 9 t':.? at Referrals listed 9-3- l2 Si) J File assembled II(D 11�"l' ) { , =-` Letter to applicant mailed H 1 D l q ., p J�i Vicinity map prepared Referrals mailed Nt3 Chaindexed l\ Ek ) ( Field check by DPS staff /03 Administrative Review decision: 61J'"�'�-i-e a- /0- 5-513 /71, History card completed ___I Date By l 'COMMISSIONER'S HEARING DATE: C q3�Y C ( y� - Air photo and maps preparedl may( I L - q - ct3 "" CC Action: fro-Nit P - I <J - 2 lei '" CC Resolution received History card completed Recorded on maps and filed 2-30-Ct3 a— no -re . / 1 ! w\ 1 ) _ 7 � � � . _. I. L . f k , • REFERRAL LIST NAME: Curt L. and Rose M. Johnston CASE NUMBER: RE-1542 REFERRALS SENT: September 9, 1993 REFERRALS TO BE RECEIVED BY: September 24, 1993 COUNTY TOWNS and CITIES 7 Attorney _Ault V (_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 $TAT$ _Garden City _Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Department of Transportation _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 _Pierce -- --Hudson F-7 _Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 _Windsor ----Milliken F-11 —N unn F-12 COUNTIES _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 -- --Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration -- --Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER 9J1084 raN tr pp 411, 44.1 DEPARTMENT OF PLANNING SERVICES PHONE(303)353%45, EXT.3540 6 WELD COUNTY ADMINISTRATIVE OFFICES 4 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • aF �+' • ADO September 9, 1993 CASE NUMBER: RE-1542 TO WHOM IT MAY CONCERN: Enclosed is an application from Curt L. and Rose M. Johnston for a Recorded Exemption. The parcel of land is described as part of the NE4 of Section 20, T6N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles northwest of Gill, south of Highway 392 and west of Weld County Road 53. 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 September 24, 1993 so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: y 1�- , MEf AfDU j W14 993 Weld Cooly Pb Gloria Dunn, Current Planner • • �„ , To Weld County Planning Dot. September 23, 1993 • • From Jeff Stoll, Director, Environmental Health Case Number: RE-1542 Name: Johnston, Curt & Rose 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 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. JLS/a:142.mhz DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 8, 1993 Curt L. and Rose H. Johnston 32925 Weld County Road 53 Greeley, CO 80631 Subject: RE-1542 Dear Mr. and Mrs. Johnston: Your recorded exemption application is complete and in order and will be processed on or before October 8, 1993. If it is determined that the application meets the approval criteria 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, ria Dunn Current Planner GD/bjs 931084 10. CH:1441IIIDEPARTMENT OF PLANNING SERVICES PHONE(303)3533845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140EY. N. AAVENUE631 GREELEY, COLORADO 80631 COLORADO October 5, 1993 Curt L. and Rose M. Johnston 32925 Weld County Road 53 Greeley, CO 80631 Subject: RE-1542 Dear Mr. and Mrs. Johnston: As we discussed in our telephone conversation today, I will postpone your meeting with the Board of County Commissioners for the consideration of the above- referenced proposal until October 20, 1993. The hearing will take place at 9:00 a.m. in the County Commissioners' Hearing Room. If you have any questions or concerns, please let me know. Sincerely, (�) . is Dunn Current Planner 931.084 141: DEPARTMENT OF PLANNING SERVICES 161)C(1 . PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES » 1400 N. RA AVENUE GREELEY, COLORADO 50631 COLORADO October 4, 1993 Curt L. and Rose M. Johnston 32925 Weld County Road 53 Greeley, CO 80631 Subject: RE-1542 - Request for a Recorded Exemption on a parcel of land described as part of the NE4 of Section 20, T6N, R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Johnston: I have scheduled a meeting with the Board of County Commissioners on Wednesday, October 13, 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 ycur 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, to a Dunn Current Planner /0 ._S- 9 ve a wo e. : -2 „out Q APPLICATION FOR RECORDED EXEMPTION PHONE: 353-3845, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNIN DE TMENT USE ONLY: APPL. FEE arr CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. 1(4 (4 33 -3 DATE APPL. CHECKED BY F� 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: Lot B of Recorded Exemption No. 0801-20-1-RE 876 Correction Plat, recorded July 3, 1986 in Book 1118 as Reception No. 02059673, being a part of the NE1/4 of Section 20, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. TOTAL ACREAGE: yam' Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X N Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No FEE OWNERS OF PROPERTY: Name: emp i ( f Pore , fidr7h.,/ Address: .l.Z9.7r w t QC/S3 4.t.cc,4y /v Phone: S .2S- — 7G 97 Name: // Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel /(/ORti( LA//Smaller Parcel Npef4' Idaidj TYPE OF SEWER: Larger Parcel twain!? ,C004; Smaller Parcel SeipA c PROPOSED USE: Larger Parcel irkempliowai Smaller Parcel /aft/ ,44,pysli ACREAGE: Larger Parcel /t D Smaller Parcel EXISTING DWELLINGS: (Yes or No) 9-es (Yes or No) X110 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 ) ppyy ��E`�� Signature: er or A rized Agent Sub sti1�d--atiLio n to before me this /6'2/79 day of (2 (,t,y/i , 19 9t3, FC. (SEAL), i KIMBERLEE G.: DERR • e e—tt G. ' yc4�, Notary Public OFCL! � My Commission Expires r "tad 5 /W5- 931084 n • Application for Recorded Exemption The land being considered for the recorded exemption is currently owned by Curt and Rose Johnston. The total contiguous land owned is 65 acres approximately. The land use is currently irrigated land. The land was purchased in 1983 and has been operated as a farm since that time. We are requesting a land split to separates 4-5 acre parcel from the larger farm parcel. The reason we are submitting this request is due to a highest and best use change for the property. The farm had almost all of its water sold prior to our purchase. Since that time water has become more expensive to buy and harder to get, also the farm does not qualify for ASCS water improvement project money,which limits water conservation practices to be done on the property.With limited agriculture choices,the farms highest value is now as a part time farm unit. Due to these changes and the decision to scale down our agriculture operation,we are considering selling the larger parcel as a livestock unit and building on the smaller parcel. We would like to remain on part of the farm so our children can remain in the same school district and still have there horses. All the improvements are located on the larger proposed parcel of land,the smaller has no improvements at this time. The Access for the smaller parcel is the same as the larger parcel,county gravel road 53. There is power,water and telephone service along this road. The attached statement from NWWCD shows availability of this water service. The smaller acreage is large enough to support its own septic system and there are no domestic wells in the immediate area. The larger parcel is in newly seeded pasture land and hay land. The smaller proposed lot is about 1/2 excess wasteland that is not farmed with the balance in pasture. The request is consistent with the Weld County comprehensive plan in keeping the larger parcel intact as an agriculture unit,using the less desirable land for the smaller parcel. The surrounding area is all agriculture land with some rural residences,this proposed use is very compatible with the current uses in the area also. This request is also consistent with the intent of the district it is located within and that being agriculture and rural country living. This request is also orderly and complies with current Weld County Recorded exemption standards and intent, there is no large amount of land being taken out of agriculture. The prime land will remain for agriculture interest. The area is protected by the Galeton fire district and the Weld County sheriffs office. The State patrol also covers the area as Highway 392 is adjacent to the larger parcel. There are no immediate hazards in the area which would have an adverse effect on the inhabitants of these parcels. The Greeley Weld Airport is located 7 miles to the South west of this farm. is°n7/ -a Curt Rose Johnston Attachments; 931084 • rIECORDED EXEMPTIOr NO. : Hi hway 392' • N69°56 II n W i t122.IS' NE. COR. _ • SEC 20-6-64 N. LINES _— 30' RD. R.O.W. 15.0' EASEMENT D Imo ii" lei to r N I „1° N grWCRD53 • i . TOTAL 65.44* AC. I Acri at ` I ..rr \\ ' M k...k.......Th •\ \ i ,4. '•. BM17° o Proposed lot B 60 acres .�.\ o c ? Lak. I — O ` c z I ' , 2O \• "---- ci SITE O I Proposed lot A We ...: :. , i • 8 _,. • .7a ui 5 acres 31 0 la • VICINITY MAP $ $ 89°00'n0"wa°nD ,�,/ SCALE I°= 2000 •a '�1 *Pita Ma° r to co en to a h J — N 585,93' to 536.25 E 1/4 COR. 3 69156'40"E / 112 2.18 SEC.20-6-64 S. LINE NE 1/4 �✓ n a SCALE II 300' • BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS .�M. r HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY /_ I' CHARLES ACHZIGER j ' 4 s LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356-3020 July 22 , 1993 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: The ELI of the NE Corner of Section 20-6N-64W 1. _ Water service is presently being provided to the above described property. r'14.' 2. x _ Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. . ��: , Additional comments: Sincerely, `NORTH WELD ' �EIyDIS RIOT Lyl D. Nelson, Manager NDL/ds Curt Johnston 931084 irder No. 8508141 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: Lot B of Recorded Exemption No. 0801-20-1-RE 876 Correction Plat, recorded July 3, 1986 in Book 1118 as Reception No. 02059673, being a part of the NE1/4 of Section 20, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1857106 , Book . 935 Reception No. 1864985 Book y43 Reception No. 1919807 , Book 990 see attacnea copies Reception No. _ , Book Reception No. _ , Book Reception No. _ , Book Reception No. _ , Book Reception No. _ , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of 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 3rd day of August , A.D. , 19 93 . at 7:00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: NORIZED SIGN URE 931004 gar—JL Itmadd ;��~ (`�' 4531-9.35 a..wa x.. - ' t' i , . Weld eaeay, ed«oda I CO Pate U.S Nit 6th fly 1 May M eV �' 7e d w Lewd rte theassd rips banded W eighty-one.Mlwon , MARY LEFFLER • so d Weld ,and State 1 M 1 Celte. the bat part pal of me � MARY DEER j, 2104 in Srrent Road Greeley. CO. 80631 of w art,it Weld ,W Sere d Oa d gee sere parts WITNESSETH.That the rid art y 1 the that part for W ie esrddratlea i re sem et e other good and valuable coneidera[Son and [en-----------------------DOLLARS, to the said pet y e(she Ent plot is:.sad said 4y re said ran y of w ratasd park the Meer whereof h hereby eelaed pad acknowledged,ho s grand.bargained.rid ad conveyed,sad by terse parr do es gram, Wgda sell. can, sad aline ate the ssld part y of the need gad.her his sad rips, forever.all the Stowing described lot or pascal of had, flee, lying and berg l the Comer el Weld W Star of abrade,so.wk: - The NE'. of Section 20, Township n NurLir, Rouse 64 West of the 6th P.M.. Weld County, Colorado. Except a Strip of Land as conveyed by Deed recorded in Book 544, Page 6; Except Right of Way as conveyed by Deed recorded in Book 1277, Page 482, Weld County Records. Together with 2 shares of the capital stock of The Latimer and Weld irrigation Company, 5 shares of the capital stock of The Owl Creek Supply and Irrigation Company, 7 shares of the capital stock of Decker Lateral Company and together with 200 units from the waters of The Northern Colorado Water Conservancy District. sim ilar the Mdhaaeaa W spMr emmtea Nero belemhr,or b me, . \`�•' TOGETHER with an W [ g,rpgf.ad r• .v saris.heat sod proSb .. :�' wise appertaining,rig and the, rtren,ec and revants demise re mainder and Se Sd pen y of Ne bon pan either b law Eli the 1, f.In an lateen,claim ins demised w�re ofd sad or seulty� of. In to the drove D the said premises. sad d• i with raertersers, e TO HAVE AND TO HOLD the premises abet Ysrgdaad Aad w mid party 1 Y Era the said part y dap rend pert,her Ides and amisae fenny. y pea, foe her self, her heirs, executors ad admhlewaben.do es meat tl aim to sod w said id pan y d the seed part, her self, herbals*std missy Sat es Ste IS el- slim bad delivery of these prnata site la wen artIld of w Imam awe Sent as d seed,sum see, - fete.absdre and sMaSOle Sate at bberelaate le by,Is M akr4 sad be s seed ridei MI pew W Sat I' mad*le gnat larpla,ea and convey Sa a b wow awl In plies L W Y the a we /s sad dear from all lam sad other ream bargain, sales,bat saw,raeaonts set bealesecea el St.. er kind or asters rear: and the score premise', in the taint and mumble pwessir of the sdd part y at the Nomad part her heirs sad wine,spirt ail and every person or persons lawfony sWalm or to claim the whets or se pen '• thereof, We said pen y of the first pan shall and veal WARRANT AND FOREVER ta en rha'd WDEFEND. IN WITNESS WHEREOF.The raid part y of the first pen has • semi the day and year first above written. ✓ _(SEAL) Sped.Sealed and Delivered in the Presence of ----' '— MARY L R I. EIVE.r COLORADO.tea The teregohs instrument War adaowledeed Wore me this__.�tX _—_M of • f erne y; yield. j Maa IRIS,'i _ .. MaY_... )f_.l. q v 1)iWspchfritbtl and afield Sal. 't l R e G EeSirhaERhwarx 34�1983 -ken/ s It1 - ,,.-„r T tn Notary � ,f '• Pr tie ,pAEEANrF� 931084 • 0001(943 Reeon,..f.t I. oSek ©ty►y�a 'i wow,/. . , Colorado Reception No 186'1.98:, •' Tsde.H4 ,�./d Recorder .31tr THIS DEED. Made this (91, day of :Italy • 19 81 between MARY DEER -•,: State DocumenMr Fee :~ ( JUL 3 0 all • Dote n of the County of weld and State of Colorado. $ .2 0.Of) n ' '. of the font pan. and MOODY LAND S AUCTION CO., a Colorado Corporation, and '1'CMMY MlUti8 WNPORA'flON, a Colorado aC° ationteas tenants in comron ' net as joint tenants, o P 1719 East Mulberry, Fort Collins, I g Colorado 80524, _ of the County of tar/Mee and Slat:of Colorado.of the second pan: V.: K'ITti ESSETH.That the said pan '/ of ;he tiro pan. for and in consideration of the sum of other good and valuable consideration and Tell 1510.00) DOLLARS. .s to the said pan y of he lint pan in hand paid by the said part ies of the second pan.the receipt whereof is hereby confessed and acknowledged, has granted.bargained.sold and conveyed,and by these presents does grant, bargain,sell.convey and confirm.unto the said parties of the second part, their ,_ heirs and assigns forever.all the following described lot or parcel of land,situate.lying and being in the County of Weld and State of Colorado,to wit: 'The Northeast ;.carter INE!/41 af Section Twenty (20), Township Six -- ..,,yy�y r. Y� (6) North, Range S_xty-Four (641 west of the Sixth (6th) P,M., -' p`, r; County of Weld, State of Colorado, excepting therefrom a strip of #.' N land as conveyed by need recorded in Book 544 at Page 6 of the Weld T� I� County, Colorado rer-rds. 999 •�:; TOGETHER with all niceties and alter. rights, wells and well rights,• l water and water rights, reservoirs and reservoir rights belonging or in any way appartffninv tc tr, above-dr:scribed real property, ± ) including, buthd9 not r way ,f limitation, the following described water rights: Seven (7) shares of the capital .,lock of Decker Lateral Company, represented by Stock Certificate No. 299; -vd Five (5) shares cf the capita. at„ck cf C> l Creak Ripply & -_!„1 Irrigation Company, represented by Mock Certificate No. 1217; -.a two (2) shares if the -..}tui I -ock of Larimer and Weld irrigation Company, represented i-y Stn; k vest;firate sc.. 4'04: Two hundred (200) .,nit- s of her ii Colorado Conservancy District water; and -.Y One (I) water tap in North Weld Co.:nty Water District. • • • .tl also known as street and mm:bcc Vacant tan.!, no street address assigned • TOGETHER with all and singular the hereditamcnts and appurtenances thereto belonging, or in anywise • appenainin(0.and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate.right.title,interest.claim and demand whatsoever of the said party of the lint pan,either in law or equity,of.in and to the shove bargained premises. with the hereditament%and appurtenances. • o.MA NTy DEED—For PbotorapMe Knn,e. Rudln,d Publishing Co..by-Its Stout w,..,.rynv.r,Colorado -lore • 331064 943 18649ti:s BOOK.._._ RECEPTION. a-a TO RAVE AND TO HOLD the said proudest there bargained and deathbed,with the apperimeaou,vats the • said part ies of tie weed part,theitldta W Spa forever.AN the aid Net lies de t e am Part. for haunt f, haYdre.eaewara,W sdadaretratees,b es teraat,prat,hargela W have to W.Rh the said part ies of the emend pattphair heirs W wipe. that at the time at the esaeandg and delivery of they presents she is well mind of the seeaYar above mevgod, as of good, ern, perfect. absolute sad indefeasible estate of inheritance,la law.In fee slime,and ha s geed riot MI peer mad lawn'authority to -- -' grant Mariam, sell and teeny the same in manner sad form as aforesaid, and that the same are free sad clear from all former and ether grab, barflies.sales,hens, taxes. areeemesta and esaambreems of whatever kind nr nature'sever. subject to all easements and rights—of—way in place or of Lc..,.,J; „II ell, yes, ytovul, .Lr VLheL mineral leases, exceptions, or reservations of record; any restrictions, reservations, or exceptions contained in United States or State of Colorado Patents of record; the existing Farm Lease of the property; and general property taxes for 1981 and subsequent years. and the above hargaimd premWa in the quiet and peaceable poeseasba of Ye said parties of the second put. thei:aeirs and emigres against all end every person or persona lawfully claiming or le claim the whale or asp part thereof.the said pert Y of the first part shell sad will WARRANT AND FOREVER DEFEND. IN WITNESS WEEREOF,the said party of the neat pan has hereunto Peeler hand and Mal the day and year first above written. sire{trend sad Delivered in the Praise& ) .. y ]SEAL] NARY 5E6.R.._,. _....... . . (SEAL) i ,[SEAL] STATE OF COLORADO, 1 Ldrimer ac' Coun t't Ti.. .-._ t1.l foregoing instrument was acknowledged before me this 2-r _ day of 3uiy • -- 19 81 ,by MARY DEER. di My comodasion aspires _.]fin 8 ,196m .Witness any hand and official seal. 9 Z,tC lll.f . Sty:J. iMr— ._... .. .. .... V\ • . Nee.ry Public LT t‘4/VrL n \ - :'U u` Jr'.... l eJf Gy • 1. n i p ! . 3 Y .8 1 i ' i I �i a 4 ! ] I IS i I i Ia I ' I S Iy 1 t (',. CI jl I i 0S i! r� Z �\CI E �� u ^ a r e v1 I d Y E n Z: II I $ i I { �I I i I Q: 3 i I d OC: II F.De . �? I . I ! I3 t'r� e Q: p r aIli I C R I ! I I j a. r r8 I3 b a & liz • I siI II II II a l a c I (I it' Ii .__ 931084 AR1717S07 S ,,':1 Ns*. l „'41 : V Ili l..'I:: III • l , 1.1 1, i+i IJl•'bl l! WII I, I •• LIB ,�eR few, WARRANTY DEED S ¢J•yw THIS DEED made this WALday of March, 1983, by and between MOODY LAND a AUCTION CO., a Colorado Corporation, and TERRY RIDGE CORPORATION, a Colorado Corporation, the wailing addresses of which are 1719 East Mulberry, Port Collins, Colorado 80524, hereinafter referred to as •the Grantors,' and CURT L. JOHNSTON and ROSE M. JOHNSTON, Husband and Wife, as joint tenants and not as tenants in common, whose mailing addresses are 22624 Weld County Road 037, LaSalle, Colorado 80555, hereinafter referred to as 'the Grantees.' WITNESSETH: That the Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable cohsideration to the Grantors in hand paid by the Grantees, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, and confirm unto the Grantees, their heirs, administrators, and martens, forever, that certain parcel of real property situate in Weld County, Colorado, and legally described on Exhibit 'A' attached hereto and incorporated herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of the Grantors, either in law or equity, of, in, or to the above-bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto the Grantees, their heirs, administrators, and assigns, forever. And the Grantors, for themselves and their successors and assigns, do covenant, grant, bargain, and agree to and with the Grantees, their heirs, administrators, and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed; have 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 convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and the Grantors do hereby warrant the title to the same, subject to all of the following: 1. All existing easements and rights-of-way in place or of record. 2. Protective covenants of record. 3. All oil, gas, or other mineral exceptions or reservations of record. 4. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 5. All zoning and other governmental rules and regulations. 6. General property taxes for the year 1983 and subsequent years. 7. Statutory lien rights resulting from the inclusion of the property in any improvement districts. .Tla'd'IFf HMS A • 11 09','.0 RCI. 05919W. 01/1,1.'11e. (.3 .,7 29..50 �,1ii: F 19:ri raj,.( ;,r..J I F JF1'71,.II) f 1 F .I ♦ WE(.I,PiJ6 I..I I.L III, Iu Reservation of Minerals. The Grantors herein expressly except and reserve unto themselves, their successors and assigns, forever, all minerals and mineral rights, including all oil, gas, or other minerals located in, on, or under the surface of the real property being conveyed hereby, as described on said Exhibit 'As, together with the right of ingress and egress to explore for and remove said oil, gas, or other minerals. Reservation of Easement: The Grantors herein expressly except and reserve unto themselves, their successors and assigns, forever, the non-exclusive perpetual use for irrigation purposes of the existing concrete lined irrigation ditches located on the most northerly forty-five feet (44') of the property being conveyed hereby, as described on said Exhibit 'a', together with the right to clean, restore, repair, and maintain said ditches. The Grantors further reserve a non-exclusive perpetual easement and right-of-way over and across that portion of the property being conveyed hereby as is reasonably necessary for the purpose of using, cleaning, restoring, repairing, and maintaining said ditches. The Grantors, for themselves and their successors and assigns, do covenant and agree to and with the Grantees, their heirs, administrators, and assigns, that the Grantees, their heirs, administrators, and assigns shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and enjoy said premises hereby granted, or intended so to be, with the appurtenances, without the lawful hinderance or molestation of the Grantors, their successors or assigns, or of any other person or persons whomsoever, by or with their consent, privity, or procurement. IN WITNESS WHEREOF, the Grantors have executed this Warranty Deed the day and year first above written. MOODY LAND a Dartf""�'..... a Color..•" .r~rJ `•— � k'a�L-, y J f/No�.y r-.+ .ent :also y. asler, Secretary ( y5 '� 1--;7,:: TERRY RIDGE CORPORATION, yd13'LfEST•y- ' a Colors Corporation r v 1 ) te... .., Larry/G. McCrery,�P ardent : McCrery, Secretary V ?.D:a C,, , irrnP efF„E9IARADO ) y0I 1 ss. eatligeF LARIMER ) , aThe foregoing instrument was acknowledged before me this ]Miday of March, 1983, by J. Gale Moody as President and Timefhy W. Hasler as Secretary, respectively, of MOODY LAND 6 AUCTION CO., s Colorado Corporation, and Larry G. McCrary as President and Cynthia D. McCrery as Secretary, respectively, of TERRY RIDGE. CORPORATION, a Colorado Corporation. WITNESS my hand and offici 1 Real. My commission expires: // /� 0p pw-i •';�+ Business Address: �.`� 'j •r _ r. 125 South Howes, Suite 650 ."-A'-<-/ Port Collins, CO 80521 ...... P. • ' �p 'n„, or rt.-c. - 2 - S • ,< Wren �.� �. ,,,:,9.a,I CI 5, t ,. ., , C#4 i•.00 T 1'Y,'.t '1(1 6.11b; I i 16I.:H :!1 :]I r I .. ,.1•.::1:Id I. :J:: L : ie. f, EXHIBIT 'A' ATTACHED TO AND MADE A PART OP THE WARRANTY DEED BETWEEN MOODY LAND 6 AUCTION CO. AND TERRY RIDGE CORPORATION ("TEE GRANTORS') AND CURT L. JOHNSTON AND ROSE M. JOHNSTON ("THE GRANTEES') LEGAL DESCRIPTION A parcel of land situate in the Northeast 1/4 of Section 20, Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the East line of said Northeast 1/4 as bearing N 00.00'00' E, and with all bearings contained herein relative thereto: Beginning at the Northeast corner of said Section: thence along the North line of said Northeast 1/4 N 89"58'11" W, a distance of 1122.18 feet; thence S 00'00'00' W, a distance of 2645.19 feet to a point on the South line of said Northeast 1/4; thence along said South line S 89'56'40' E, a distance of 1122.18 feet to the East 1/4 corner of said Section; thence along the East line of said Northeast 1/4 N 00'00'00' E, a distance of 2645.68 feet to the True Point of Beginning, containing approximately 68.151 acres, more or lens. (Vacant land, no street address assigned) - TOGETHER WITH one (1) share of the capital stock of The Larimer 4 weld Irrigation Company, two (2) shares of the. capital stock of Owl Creek Supply 4 Irrigation Company, and three (3) shares of the capital stock of Decker Lateral Company; and TOGETHER WITH one (1) water tap in North Weld County Water District. t 3 I, 931084 Hello