HomeMy WebLinkAbout951968.tiff• s
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #1783 - WILLARD
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 #1783, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #1783 was submitted by Kevin D. and
Heather M. Willard, 10085 Weld County Road 31, Fort Lupton, Colorado 80621, for property which
is located in part of the S1/2 of Section 9, Township 2 North, Range 66 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
51.5 acres and 28.5 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 Recorded Exemption #1783 submitted by
Kevin and Heather Willard be, and hereby is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home septic system. It
shall be installed according to the Weld County Individual Sewage Disposal System
(ISDS) regulations.
2. The applicant shall submit a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall be
prepared in accordance with the requirements of Section 11.7 of the Weld County
Subdivision 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.
951968
RE1783
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RE: RE #1783 - WILLARD
PAGE 2
3. Prior to recording the plat:
a. The applicant shall adjust the north lot line of Lot A south to correspond with
the east/west well easement road.
b. The applicant shall show on the plat a common easement providing access
from Weld County Road 22 to both Lot A and Lot B. Said common access
easement shall be dedicated on the . plat using the language set forth in
section 11.7.12.5 of the Weld County Subdivision Ordinance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of September, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
F.-
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lit V
n#y Clerk to the Board
•
G P, ti I< )1)(Lute,,,
Deputy Clerk tO the Board
APP: e D AS TO FORM:
ou A ttorney
WELD COUNTY, CO ORA!O
Dale K. Hall, Chairman
arbara J. Kirkmeyer, Pr•-Tem
.7:12
George E.
axter
W. H. Webster
Constance L. Harbert
951968
RE1783
• t
STAFF SUMMARY
CASE: AmRE-828 and RE -1783
APPLICANT: Kevin D. and Heather M . Willard
LEGAL DESCRIPTION: Pad of the S2 of Section 9, T2N, R66W of the 6th P.M., Weld County,
Colorado
LOCATION: North of and adjacent to WCR 22 and approximately 1/2 mile west of WCR 31
REQUEST:
RE -828 approved by staff Jan. 14, 1995
AmRE-828 to amend Lot B of RE -828 from 185 acres to 80 acres
RE -1783 is to further divided Lot B of AmRe-828 into two lots of 51 and 28 acres
The applicants have stated in the application materials that the reason for the recorded exemption
request is to separate the productive farm land from the unproductive land in the event the future
financial obligations warrant the sell of the smaller parcel as a residential building site. Proposed
Lot A is non-productive farm ground, while Lot B is productive.
WATER: Domestic Wells
SEWER: Septic
REFERRAL CONCERNS:
The Weld County Public Works Department and Health Department have no conflict of
interest. The Division of Water Resources also reviewed this request and have no objection
to the proposal.
STAFF RECOMMENDATION:
Staff has concerns that the proposed division is inconsistent with the Agricultural Goals and
Policies as stated in the Weld county Comprehensive Plan. The division of the parcel would
create two buildable lots thus contributing to a sprawl row type development. There is also
concern about taking productive farm ground out of production by placing a residence on the
lot. The applicant is able to meet the intent of the comprehensive plan that allows a lot in the
Ag zone to be created that is non-productive farm ground.
• t
CONDITIONS OF APPROVAL
Kevin D. and Heather M. Willard
RE -1783
1 A Weld County septic permit is required for any proposed home septic. It shall be installed
according to the Weld County Individual Sewage Disposal System (ISDS) regulations.
2. The applicant shall submit a mylar plat to the Department of Planning Services to be
recorded in the office of the Weld county Clerk and Recorder. The plat shall be prepared in
accordance with the requirements of Section 11.7 of the Weld county Subdivision Ordinance.
The plat shall be submitted within sixty (60) days from the date of approval by the
Department of Planning Services. The applicant shall be responsible for paying the
recording fees.
951968
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1400 N. 17TH AVENUE
GREELEY, CO 80631
(970) 353.6100 EXT. 3540 • FAX (970) 352-6312
DATE
RECEIVED FROM KE.,vorivn\cv,
U " 4
r
19
RECEIPT NO: 0 0 2 0 0
NO.
TYPE
FEES
4221 • RUSE
4221 - ZPMHIMHZPIZPAD
4221- USR
4221 - SITE PLAN REVIEW
4221•COZ
4221•PUD
4221 - SUBDIVISION
4221 - BOA
4221 - MINOR SUB
4221 • FHDPIGHDP
4221-REPLAT
6560 - RECORDING FEE
1
-K
-
1423
)
4430 - MAPS/PUBLICATIONS
4730 • INVESTIGATION FEE
4430 - POSTAGE/HANDLING
❑ CASH CHECK NO: 5 4A-5
BY L Kai;WH E -CUSTOMER CANARY - FINANCE COPY
TOTAL
•
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
September 19, 1995
Board of County Commissioners
Centennial Center Complex
915 10th Street
Greeley, CO 80631
Subject: RE -1783, Lot B of AmRE-828, located in part of the S2 of Section 9, T2N, R66W of the
6th P.M., Weld County, Colorado
Dear Commissioners:
This request for a recorded exemption is submitted by Kevin D. and Heather M. Willard. The parcel
of land under consideration is described as Lot B of AmRE-828, located in part of the S2 of Section
9, T2N, R66W of the 6th P.M., Weld County, Colorado. The property is located north of and adjacent
to Weld County Road 22 and approximately 1/2 mile west of Weld County Road 31. The property
does not lie within the urban growth boundary of any surrounding municipality. Currently, there are
no residences on proposed Lot A or Lot B.
RE -828 was approved by the Department of Planning Services' staff on January 14, 1986. RE -828
created two lots of 185 acres and 5 acres, more or less. The applicants are now requesting to
amend Lot B of RE -828 to 80 acres. The applicants are also requesting to further subdivide Lot B
of Amended Recorded Exemption, 80 acres, into two lots of 51 acres and 28 acres, more or less.
Currently, there are no existing residences on either proposed lot. The applicants have stated in the
application materials that the reason for the recorded exemption request is to separate the
productive farm land from the unproductive land in the event the future financial obligations warrant
the sell of the smaller parcel as a residential building site. Proposed Lot A is non-productive farm
ground, while Lot B is productive.
Domestic wells are proposed to provide water service to both parcels with septic being proposed for
sewage disposal. Access is existing onto Weld County Road 22.
Service, Teamwork, Integrity, Quality
c51,968
RE -1783, Willard
Page 2
• •
Shani L. Eastin
Current Planner
The Department of Planning Services' staff has concerns that the proposed division is inconsistent
with the Agricultural Goals and Policies as stated in the VVeld County Comprehensive Plan. The
division of this parcel would create two buildable lots thus contributing to a sprawl row type
development. There is also concern about the reduction of farmland of state wide importance should
residences be built on these lots.
The Department of Planning Services' staff requests that the Board of County Commissioners
consider this request and determine if the standards of Sections 11.5.1 through 11.5.7 of the Weld
County Subdivision Ordinance have been met.
Respectfully submitted,
kgat,
Service, Teamwork, Integrity, Quality
951968
<at
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COLORADO
September 13, 1995
Kevin D. and Heather M. Willard
10085 Weld County Road 31
Ft. Lupton, CO 80621
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: RE -1783 and AmRE-828 - Request for a recorded exemption and amended recorded
exemption on a parcel of land described located in the S2 of Section 9, T2N, R66W of the
6th P.M., Weld County, Colorado.
Dear Mr. & Mrs. Willard:
I have scheduled a meeting with the Board of County Commissioners on Monday, September 18,
1995 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,
Shani L. Eastin
Current Planner
Service, Teamwork, Integrity, Quality
• •
FIELD CHECK
FILING NUMBER: k / / 7rC', ' DATE OF INSPECTION: c'/ 9
APPLICANTS NAME: `-><vc
LAND USE: N
cc/Act h t _ t -O / In Ad
E O(1_, pitttt_c\n t Lot�•t
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W v a tuArt ' n L_ + � t� C. Lam, , nit,yo, L.h t Le i /--\
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
_t _ r i LE-- X31 ,,L(
C' L U, •L'1 P r l ft 21 71 .L L )-11_ t 1_ ,r" ) c U1O(-1
CURRENT PLANNER
951968
ADMINISTRATIVE REVIEW FLOW SHEET
APPLICANT: L/40 l `(i _) O. -let ot t C 1 O1
CASE# t" �-
LULL la v-NL
REQUEST: /-LX_ OLI O.t_ f \
LEGAL: L_ o -f k 07L, An E - Rea Y }piing op t ScB-
LOCATION: 1\_15-V1 l (/ J a
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EL co( kA Qi .' Ia i n n t t_ L
Date
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Application Received
5.--)4--i - cT Lei
Applicant complete
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Referrals listed
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File assembled
S.-. L
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Letter to applicant mailed
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Vicinity map prepared
Referrals mailed
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Chaindexed
$ i7
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Field check by DPS staff
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Administrative Review decision:
•
History card completed
Date
By
COMMISSIONER HEARING DATE
- j 5 - q
-1-11-
Surrounding property owners notified
Air photo and maps prepared
5. 2
CC action:nrQ
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CC resolution received
History card completed
Recorded on maps and filed
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• 1n , !MVP! AMIttkrrl
CSCOUNTYPLANNING
APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Col
Phone (303) 353-6100, Ext. 3540, Fax# (303) 351-0978
FOR PLANNING DEPARTMENT USE ONLY:
APPLICATION FEE
CASE NUMBER
ZONING DISTRICT
RECORDING FEE
RECEIPT NUMBER t Fl
APPLICATION CHECBY
VA? 493995
80631
V E
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:
SEE ATTACHED
80 Acres
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?
FEE OWNERS OF PROPERTY:
Name: _
Address:
Name:
Yes No
Kevin D. Willard and Heather
x
Willard
10085 Weld County Rd. 31
Ft. Lupton, Co. 80621
a --
Address:
Water Source: Larger Parcel
Type of Sewer: Larger Parcel septic
Proposed Use: Larger Parcel
Acreage: Larger Parcel 51.5 acres
Existing Dwellings: (Yes or No) No
well
Agriculture
Smaller Parcel
Smaller Parcel
Smaller Parcel
Smaller Parcel
(Yes or No)
well
septic
Agr. & Residential
28.5 acres
No
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the
best of my knowledge.
Signature: Owner or Authorized Agent
P ki4est lie 2re/
951968
659-6377
ACKLAM ASSOCIATES 607 P03 SEP 14 '95 10:37
• •
RECORDED EXEMPTION - WILLARD
1) The Recorded Exemption is being proposed to divide a 80 acre
parcel into two (2) parcels, one 51.5 acre parcel and one 28.5
acre parcel. This parcel of land is currently used for
agricultural purposes. The area that the proposed smaller parcel
encompasses is unproductive farm land. It is Mr. Willard's
intent to separate the productive farm land from the unproductive
land in the event that his future financial obligations so
warrant he can sell the smaller parcel as a residential building
site and use the proceeds for his agricultural needs. Currently
there are no buildings or improvements on either parcel. There
are no changes planned at this time for the current uses.
2) The 80 acre parcel is located in the South one-half Southwest
one -quarter, Section 9, Township 2 North, Range 66 West.
Presently the entire parcel is being used for agricultural
purposes.
3) This Recorded Exemption is consistent with the Weld County
Comprehensive Plan because it will allow the current owners to
create a 28.5 acre residential building site out of non-
productive farm land. Access to each parcel will be from Weld
County Road 22. This 80 acre parcel does not lie within any
boundaries of a municipal master plan.
4) The land surrounding this parcel is primarily agricultural.
This parcel will remain agricultural with the exception of the
small portion proposed for the residential building site.
5) This application is consistent with the traditional use and
should not conflict with the current agricultural zoning of this
area.
6) The proposed Recorded Exemption will remain consistent with
development as the major portion of the 80 acres is to remain
agricultural with a minimal portion to be used as a residential
building site.
7) The smaller parcel will receive water from a domestic water
well as set by the Colorado Division of Water Resource Standards.
Sewer service will be provided by an individual septic system
built in conformance and approved by the Weld County Health
Department.
09/14/95 10:35
TX/RX NO.1880 P.003
951968
REFERRAL LIST
NAME: Kevin and Heather Willard CASE NUMBER: RE -1783
REFERRALS SENT: August 16, 1995 REFERRALS TO BE RECEIVED BY: August 30, 1995
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
X Public Works Die
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Frederick
STATE Garden City
X Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
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
Nunn F-12 COUNTIES
Pawnee F-22 Adams
X 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
Central Colo. Water Conservancy Dist.
Panhandle Eastern Pipe Line Co.
Tri-Area Planning Commission
SOIL CONSERVATION DISTRICTS
Brighton
Fort Collins
Greeley
Longmont
West Adams
COMMISSION/BOARD MEMBER
•
1111111€
COLORADO
August 16, 1995
Kevin and Heather Willard
10085 Weld County Road 3 I
Ft. Lupton, CO 80621
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WEI.,D COUNTY ADMINISTRA'T'IVE OFFICES
• 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: RE -1783, located on Lot B of Amended RE -828, in part of the S2 of Section 9. T2N, R6GW of
the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your recorded exemption application will be processed on or before September 16, 1995. 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,
S
Shani L. Eastin
Current Planner
pc: Curt Acklam, PLS
Acklam Associates, Inc.
P.O. Box 795
Brighton, CO 80601
IRE 1VEUd61�
W
1
COLORADO
August 16, 1995
TO WHOM IT MAY CONCERN:
,.. , 1) Cli J;,IJY PLANNING
Tn AUc 2 3 1995
Lb llUr
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 353-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
UMBER: RE -1783
Enclosed is an application from Kevin and Heather Willard for a Recorded Exemption. The
parcel of land is described as Lot B of Amended RE -828 located in part of the S2 of Section 9,
T2N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which
this application has been submitted is north of and adjacent to Weld County Road 22;
approximately 1/2 mile west of Weld County road 31.
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 , so that we may give full consideration to your
recommendation. Please call Shani L. Eastin, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1.
2.
We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
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.
Signed' wL QC (A3--f-hka
Date: 18,_(15
Please refer to the enclosed letter.
rl
Agency: ` LLt
1 44.iat
951968
•
•
lac - 1183
WEL U TY ROAD ACCESS E`-FOR:VIA. SHEET
Weld County Public Works Department
933 North 11th Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3 750
Date: 4/AY' /--6/9.5—
I. Applicant Name 1"..)Ai 0e° Phone S9f — /9r1
Address /7_67 G4-2, C. .go. Z9 Cite .,G., r State Co. Zip Sr/
Address or location of access
Section 9 Township zA_J Ranee 06 -
Subdivision Block Lot
Weld County Road = 22 Side of Road /tAtni N S E or W
Distance from & number of intersecting road 4o 't a 1. 14. 3/
Is there an existing access to the property? Yes No X » of accesses
***********************************************************************************
+. Site Sketch
LAB
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*************************************************,****_***************************
OFFICE USE ONLY
Road ea 2 ADT �' q Date
Road 3 1 ADT f 1 9 Date
b-9
Accidents
Accidents
4,
Date
Date
Proposed use:
% Permanent g Residential/Agricultural ❑ Industrial
D Temporary O Commercial O Subdivision
❑ Other
**********************************************************************************
Drainage Requirement Culvert Size Length
• Other Comments
O Installation authorized
0 Information Insufficient
Special Conditions ONE A GC Ets , k 4-11/4ircab "IC) (—cry- A / F.012.
Reviewed bv: Title:
951968
• •
W
1
1DC
COLORADO
August 16, 1995
TO WHOM IT MAY CONCERN:
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 353-6312
OUNf IDMINISTRATIVE OFFICES
1'6'' 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
CASE NUMBER: RE -1783
Enclosed is an application from Kevin and Heather Willard for a Recorded Exemption. The
parcel of land is described as Lot B of Amended RE -828 located in part of the S2 of Section 9,
T2N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which
this application has been submitted is north of and adjacent to Weld County Road 22;
approximately 1/2 mile west of Weld County road 31.
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 , so that we may give full consideration to your
recommendation. Please call Shani L. Eastin, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1.
2.
We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
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 refe
Signed:
Date:
the enclosed letter.
Agency: LUL1 l
951968
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WELSUNTY ROAD ACCESS INFORMA. SHEET
Weld County Public Works Department
933 North 11th Ave.
P.O. Box 758
Greeley-, CO 8063'
(303)356-4000 EXT. 3750
Date: ,y4y /- i
1. Applicant Name �..� i��.c°-tom Phone fl6— /904
Address /7r/ Gc4 C. 4). Z9 City c*ar ..) State Co, Zip Spop z/
Address or location of access
Section 9 Township 2x_ -J
Subdivision Block Lot
Weld County Road f Side of Road A/c,/ N S E or W
Distance from & number of intersecting road dDcc't al. 14,x..3/
Ranee
3. Is there an existing access to the property? Yes No X r of accesses
* ***_*****************************************************************************
Site Sketch
Zane
GT9I ` 40400
w C ,a. z
41
* *********************************************************************************
OFFICE USE ONLY
Road ADT Date Accidents Date
Road ADT Date Accidents Date
;.
Proposed use:
❑ Permanent O Residential'Agricultural O Industrial
❑ Temporary O Commercial O Subdivision
❑ Other
* **************************************_******************************************
Drainage Requirement Culvert Size Length
• Other Comments
❑ Installation authorized
❑ Information Insufficient
Special Conditions
Reviewed by: Title:
951968
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CERTIFICATE OF CONVEYANCES
SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
WELD COUNTY
DEPARTMENT OF PLANNING
The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies cprt it has made a careful search of its records, and finds the
following conveyandes affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (if none appear, so state):
Reception No. 2007792
Reception No. 2007793
Reception No. 2007795
Reception No. 2007796
Reception No. 2294755
Reception No. , Book
Reception No. , Book
Reception No. , Book
Book 1067
Book 1067
, Book 1067
, Book 1067
, Book 1342
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 gth'fantee Title, and the liability of UNITED TITLE COMPANY OF
GREELEY COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, UNITED TITLE COMPANY OF GREELEY
has caused this certificate to be signed by its proper officer this 20 day
of APRIL , A.D., 19 95. at 7:45 A.M. o'clock.
By:
COMPANY
CO ANY
AU ►' ORIZ • SIGNATURE
REELEY
• •
"EXHIBIT A"
LEGAL DESCRIPTION:
That part of LOT B of Recorded Exemption No. 1309-'9-3-RE828,
being part of the South one-half Section 9, Township 2 North,
Range 66 West of the 6th Principal Meridian, as per map recorded
January 29, 1986 in Book 1101 at Reception No. 2041011, County of
Weld, State of Colorado described as: Beginning at the Southeast
Corner said Lot Be thence N90°00/00"W along the South line said
Lot B a distance of 2574.71 feet, thence N37°19'00"W a distance
of 198.22 feet; thence N03°33'35"E a distance of 204.75 feet;
thence N90°00'00"W parallel with the South line said Lot B a
distance of 583.82 feet to a point on the West line said Lot B;
thence N00°15'14"E along said West line a distance of 741.76
feet; thence N90°00'OO"E parallel with the South line said Lot B
a distance of 3433.66 feet to a point on the East line said Lot
B; thence southerly along said East line the following courses
and distances:
Beginning,
523`50'32"W
SO6°31147"E
31' 47"E
513°16'48"W
210.62 feet;
371.03 feet;
557.19 feet to the Point of
�. •
AR2007792
I
•
•� r) .• M. 'w1 t et
tit,
B 1067 REC 02007792 04/30/85 12:29 56.00 1/002
F 0847 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANTY DEED
VIRGINIA STEELE,
a/k/a VIRGINIA G. STEELE
whose address is c/o B.T. Griffith, 435 County Road 239,
Durango, •Courtly of LaPlata . State of
Colorado . for the consideration of
$10.00 and other cons iderat 4Qillnrs, in hand paid, hereby wilts)
and conveys) to UDYD L. LAND and JAMES L. ERGER,
whose legal address is
County of . and State of
the following real property in the County of Weld • and State of
Colorado, It) wit:
See Exhibit A attached hereto and incorporated herein by reference.
also known by street and number as
with all its .appurtenances. and warrant(%) to title to the smote. subject to
Those exceptions as noted above and those general taxes for the
able in 1986.
Nignt•tl chi. / 7 CI tit\ 0l
CAT P.O NN00o71
TO 1911 CA 11 - 871
(Individual)
STAlE OF CALIFORNIA
COUNTY of SAN JQAQUIN
/// %s''S-
.Ill F,.s'
It As_
year
1985 pay -
SITE , a/k/a VIRGINIA G.
STF,E LE
URI MtAJAAHC*
ANO TRUST
• tco. hors.••+
On APRIL 17. 1985 before me, the undersigned, a Notary Public in and for
said State. personally appeared VIRGINIA G. STEELE A/r/w tii R4nNrn Sr'fe
. personally known to me or
proved to me on the hatis of satisfactory evidence to be
the person_ whose name 1 S subscribed to the
within instrument and acknowledged that the cae-
euted the same.
µ•ITNESS my hand and 'official seal.
Signature's:LUX 14-41 i
(This inn for official nnisrial nil
Count
,I„
Stole to FN
I o __APR 3_
•
•
r
A
W
4
a.
B 1067 REC 02007792 04/30/85 12:29 $6.00 2/002
F 0848 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXI T I B I T A 1O WARRANTY DEED
TO LLOYD L. LAND AND JAMES L. EWER
For the S1/2 of Section 9. Township 2 North, Range 66 West of the 6th P.M.
together with 125 shares of the capital stock of Fulton Irrigation Ditch
('omlrnny and 2 dnnestie wells excepting an undivided 1/16 interest in the
oil, gas and other minerals lyinn in, on and under said premises as reserved
in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096.
SUBJECT TO n reservation of the coal by Union Pacific Railroad and the right
to mine the same ns set forth in deed recorded in Book 112 at Page 423 Old
Arapahoe County records and in deed recorded in Book 153 at Page 141, in
said county records, to n right of way for the Fulton Extension Ditch, to
rights of wny for county roads 30 feet wide on either side of section and
township lines as established by order recorded in Book 86 at Page 273 of
said county records, to rights of Twombly Twin Reservoir, to an easement for
distribution lines dt'crihed in Book 1090 at Palle 284 in the records of Weld
County, to oil and in lens(' recorded in Book 633 as Reception No. 15555017
and extension thereof recorded in Book 749 ns Reception No: 1671320 to ease-
ment for pipeline purposes as described in Book 71)37nokdicception No.
1624562, to easement and ri&tht of way for pipeli161604:-lo
n ,•cy g(pde;eri0ed in
instrument recorded in Book 7(19 as Reception No. 1 d8'4 -lo crik'einents and
rights of ssi,y for pipeline purposes ns dese,ribed in instruments recorded in
Book 712 as Reception Nos. 133807. 1631808 and 163381 1 . and in Book 735 as
Iterept ion No. 1656981 all in the records of Weld County, Colorado.
•
•
•
sit
•
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B 1067 REC 02007793 04/30/85 12:30 $6.00 1/002
AR2007793 F 0849 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO
WARRANTY DEED
KAREN Y. PETERS, formerly KAREN Y.
GRIFFITH and RONALD K. GRIFFITH
%ho?c address is c/o H.T. Griffith. 435 County Road 239,
Durango, •(•Itttttty I4LaPlata
.~taw of
Colorado for the consideration of
$10.00 and other cons lderat Willits. in hand Nit). hereby sell(.)
Stote Documentory Fee
Dote _APB_ 3. U ...
s ....1..Qd
and conveys) to LWYD L. LAND and JAMES L. DIGER.
whose legal address is
County o't and State' of
the following real property in the Count) sit Weld
Colorado. to wit:
See Exhibit A attached hereto and incorporated herein by reference.
. also known by street and number a.
Veldt all tt% arrurten.lnt:e\. and %an,utnst to title to the saint'. suhtt•ct h,
Of
. and State of
Those exceptions as noted above and those central taxes for the year 1985 pay-
able in 1988.
Signed thiso2•C.t1 an of
Sl \ti OF CO)tl)RAIX),
Y. PETERS
RON K. (7t1FFi
I"
lit* tttrv1 tanL rn•tnurx nt tt.l• ., ltrHrtt It tltetl h'hwe Inv In the
!••I.Itt td
ttf • Ito 41-5
ht
`1 r ' GUFF! Ill.
/
\\ uoc' iiorclansJ .11k! ttlh. la .:..1
• 1p• t\r,v, L\
•
•
\ n s t. tt t t { a, 4,1%1114 t\ I% 14 III u. r ....
'/ {Pi-)
me p l y KAREN Y. (Rt I FF I TH
count\
. this ...202 l dad
K•VtEN Y. PETERS, formerly KAREN Y. GRIFFITH and
AcCt•-.4.
340
• •1
•
t 4.r4
B 1067 REC 02007793 04/30/85 12:30 $6.00 2/002
F 0850 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
EXHIBIT A TO WARRANTY DEED
TO LLOYD L. LAND AND JAMES L. ERGER
For the S1/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M.
c`;.' together with 125 shares of the capitalstock of Fulton Irrigation Ditch
=r;' Company and 2 dcsnestic wells excepting an undivided 1/16 interest in the
oil, gas And other minerals lying in, on and under said premises as reserved
in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096.
SUBJECT TO n reservation of the con) by Union Pacific Railroad And the right
to mine the same as set forth in deed recorded in Book 112 at Page 423 Old
Arnpnhoe County records And in deed recorded in Book 153 at Page 141, in
said county records, to a right of way for the Fulton Extension Ditch, to
rights of way for comity roads 111 feet wide on either side of section and
township lines as established by order recorded in Book 86 at Page 273 of
said county records, to rights of Thtxnbly Twin Reservoir, to an easement for
distribution lines described in (look 1090 nt Page 284 in the records of Weld
County, to oil and gas lease recorded in Book 633 as Reception No. 15555017
and extension thereof recorded in look 749 ns Reception No. 1671320 to case-
ment for pipeline purposes ns described in Book 703 as Reception No.
16?4562, to easement and right of way for pipeline purposes described In
instrument recorded in took 709 as Reception No. 1630824, to easements and
r ights of witty for pipeline purposes as described in instruments recorded in
Book 712 as Reception Nos. 16338(17. 1633808 and 1633811, and in Book 735 as
Reception No. 1656981 nIl in the records of Weld County. Colorado.
A929°779S
B�7 REC 02007795 04/30/85 12:30
F 0852 MARY ANN FEUERSTEIN CLERK i RECORDER WELD 00 1/002
WELD CO, CO
whose address is
WARRANTY DEED
PHILIP TRUMAN APEL, a/k/a
PHILIP T. APEL
3737 E. Geddes Place, Littleton
Arnpahoe
. tit:de of
Colorado . for the consideration of
$10.00 and other cons iderat idifltlrs. in hand paid. hereby sell(%)
and convey(s) to
whose legal address is
County of . and State of
the following oral property in the County of We l d
Colorado, to wit:
See Exhibit A attached hereto and incorporated herein by reference.
. and State of
also known by street and number as
with all its appurtenances. and wananas, to title to the same. subject to
Those exceptions as noted above and those general taxes for the year 1985 pay-
able in 1986.
PHILIP TR
/r`
fe/ 1 ••
�L. ('ouul� ul
I he rim:going insUunlenl 11:1: alum% lydged h•lory nme in the
\n, M47. kt.. 4.KJ. n11414 %%I MI .SM..I 1...... I;..1... I.
APEL, a/k/a ll!,IP T. APEL
%.... �y7
Count)
CI
. this r U— day
H 1067 REC 02007795 04/30/85 12:30 $6.00 2/002
F 0853 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO
IXlIIB1T A 7O hKRRANiy DEED
TO LLOYD L. LAND AND JAMES L. ERGER
:'::yin •ik5=X :?�iCavR:7'� i
For the S1/2 of Section 9, Township 2 North, Range 66 West'ofthe Bth-P.M:�:a
together wills 125 shnres of the cnpitnl stock of Fulton ,Irrigation'.Ditch a";`0
Company and 2 domestic wells excepting an undivided i l/16 'interest In. the :;`:::'? r
oil. gas and other minernls lying in, on and under said premises as reserved
in deed recorded on October 11, 1981 in Book 1010 as Reception No. 1943096.
SUBJECT TO a reservation of the conl by Union Pacific Railroad and the right
to mine the same ns set forth in deed recorded in Book 112 at Page 423 Old
Arapahoe County records and in deed recorded in Book 153 at Page 141, in
snid county records, to n right of way for the Fulton Extension Ditch, to
rights of way for county roads 30 feet wide on either side of section and
township lines as estnhlished by order recorded In Hook 86 at Page 273 of
snid county records, to rights of Twombly Twin Reservoir, to an easement for
distribution lines described in Book 1090 at Page 284 in the records of Weld
County, to oil and ens tense recorded in Book 633 as Reception No. 15555017
and extension thereof recorded in Book 749 as Reception No. 1671320 to ease-
ment for pipeline purposes ns described in Book 703 as Reception No.
1624562, to easement and right of way for pipeline purposes described in
instrument recorded in Book 709 ns Reception No. 1630824, to easements and
rights of way for pipeline purposes as described in Instruments recorded in
Book 712 ns Reception Nos. 1633807, 1613808 and 1633811, and in Book 735 as
Reception No. 1656981 all in the records of Weld County, Colorado.
A R200771L
0 1067 REC 02007796 04/30/85 12830 I" $6;00;> 1/002
J 54 MARY ANN PEUERSTEIN CLERK & FI.CSR WELD CO, CO
7O
I
1
•
•
I
1
O
'3,1,
ARRANTY DEED
VELMA WZS1CW, a/k/a VELENA G.
EO31.P.37ON and fuoF.RT C. CR i FF 1 Tn
whose''hints is c/o B.T. Griffith, 415 County Road 239,
Durango, 'County of I,aPlata . Stak of
Colorado . for fix considcratbm elf
810.00 and other cons iderat Losirs in han•., paid, hcrrby sclksl
and cunsryisl to LLOYD L. LAND and JAMES L. EAi:;i'.R,
whose legal mares is
U ttbs.t J• iCounty 'tw_ "A;:.41.1°:
f"
1 the following real property in the . County of We l d
A ,,
Colorado. to wit:
See Exhibit A attached hereto and incorporated herein
Stot• to n
$ 1%40
� .n yl 1
•• lie d1..i • ..',I 'ij•ei; ♦ i�vyQr�.�f''R.l y .4r.�y! r
• a SUk or
.. µ fl .,e.f•a �4Te�•ff.•, µ I t �/4'IC
also known by street and number as
by
1 I.
reference.
�t' a•
1•
and State of
with all its appurtenances. and uarranitsl to title to the 'awe. subject to
Those exceptions as noted above and those general taxes for the year 1985 pay-
able in 1986.
Signed this
/7a"
day of /7/0�'4--
STATE OF COLORADO.
Count} of //1 Al 4TA/
ike
VELENA FAXLFS
ch/k/a VELENA C.
Itf C,vt: dirt
.•:pho•linegoint; in.trunn•nt t.:Is a:km let p:di below ilk: in the Count)
`wif Ye./7rb . Slate of o this /T'� da) t.., ,et Hvo
07
. FTn t` • I4 F' • h) VELENA EG LES1ON, a/k/a VELENA C. EGGLESTON and
• ;... 1/4. AIFiona .n njcFpir•fit /C- I 7 - fi 7 f
j **•:.)1itotjirmy hand and Official %cal ._�t'62•,( A lath tt4.•
'r r e'
• if in tkn.er. tn','ri ' Col.. and
'Cu. MU. .krt. 5.11.3, %% INK %%is opt 04...., Inn.. h•.1'. '.1..n •..I
%.I. Pan
•£c cc let , C‘!-(etetc( o Tarr
..•' a .d. \.. I.t U.l.•Ig . kill. •I I....l
•
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Or
•
B 1067 REC 02007796 04/30/85 12:30 $6.00 2/002
F 0855 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
EXHIBIT A IC) PAIMMTY DEED
4.-A,s
,.; in LLOYD L. LAID AND
si
(Q� - •� 4 IY 'fin: V.7 sto •���{��[S
For the S1/2 of Section 9, Townshi„
p 2 North, Range 66 West of the; 6th P.M.
together with 125 shares of the capital.stock:of.Fulton-Irrigation Ditch.
Company and 2 domestic wells excepting an undivided 1/16 interest'in the , ,
oil, gas and other minerals lying in, ��"e
Y 4 on and under said premises as reserved
in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943098.
SUBJECT TO a reservation of the coal by Union Pacific Railroad and the right
to mine the same as set forth in deed recorded in Book 112 at Page 423 Old
Arapahoe County records and in deed recorded in Book 153 at Page 141, in
said county records, to a right of way for the Fulton Extension Ditch, to
rights of way for county roads 30 feet wide on either side of section and
township lines as established by order recorded in Rook 86 at Page 273 of
said county records, to rights of "Rrrxnbly Twin Reservoir, to an easanent for
distribution lines described in Book 1090 at Page 284 in the records of Weld
County, to oil and gas lease recorded in Book 633 as Reception No. 15555017
and extension thereof recorded in Book 749 as Reception No. 1671320 to ease-
ment for pipeline purposes as described in B
1624562, to easement and right of wp
ay for i eline purposas Reception No.
instrument recorded in Rook 709 as ReceptionNo. 1630824, toeasements
described
easementsand
rights of way for pipeline purposes as described in instruments recorded in
Rook 712 as Reception Nos. 1633807, 1633808 and 1633811, and In Book 735 as
Reception No. 1656981 all in the records of Weld County, Colorado.
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B 1342 02294755 07/08/92.r(16103/.V77'$50
Y 1361 MARY AIM YEUTERSTEIN CLERX* 6 . PECOADRA;: MY.,i3O, aJ; r
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WARRANTY DEED
THIS DIED, Made this 11T11 day of JUNE, 1112 betweefs
JAMES L. EMCEE sad LLOYD L. LAND
of the County of ADAMS and State of COLORADO, grantor, and
KEVIN D. WILLARD sad 11F.ATHER M. WILLARD
whose legal address rs 1751 WCR 21, 1 n a5
SRICIITON, COLORADO 80601
of the County of WELD and State of COLORADO, grantee:
WITNESS, that the grantor, for and in consideration of ti r suns of >) ' ' 1 A 1
IIUNDREW AND 0O/100ths DOLLARS, (S$ ,S00.00), the receipt and suffkkncy of whkh is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, self, convey
and confirm unto the grantees, their heirs and assigns fonrver, set In tenancy In captwwan `et In Idol kasaty,
all the real property, together with improvements, if any, situate,..lying and being la the County of WELD,
and hate of Colorado, described as follows; :' uz'ya r ,,':::k,: e r'T, -�
LOT J or RECORDED LXCEINPTION NO. 1301-1=3=RE112f;.RUNG PART OI THE =..;* 2*• &t:..4�
#.r r..,. ,.�t zrr
SOUTH ONE-HALF OF SECTION 1, TOWNSHIP 2 NORT1I, RANGE iii WEST OP TI1E :�.c;' =•t: 'J
6TII P.M., AS PER MAP RECORDED JANUARY 21, 11116 IN ROOK 1101 AT. ''
RECEPTION NO. 2041011, COUNTY OF WELD, STATE OF COLORADO
EXCEPTING AND RESERVING UNTO THE PARTY Of THE FIRST PART "GRANTOR" ALL RIGHT,
TITLE AND INTEREST IN AND TO ALL MINERALS OF WHATSOEVER KIND, IN, UNDER AND
UPON OR THAT HIGHT BE PRODUCED FROM THE HEREIN DESCRIBED LAND.
also known by strxt end number as VACANT FARM GROUND, FORT LUPTON, CO, 80621
TOGETHER with all and singular the hereditament' and appurtenances 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 above bargained premises, with the hereditament' and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives,
does covenant, grant, bargain and agree to and with the granters, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above conveyed, ha good, sun,
perfect, absolute and indete-nible estate of inheritance, in law, in fee simple, and ha good right, full power and
lawful authority to µrant, bargain, sell and convey the same in manner and form aforesaid, and that the sane art
free and cleat from all former and other grants, bargains, sales, liens, tµxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except for lazes for the ewnent year. a lien bet sot yet die or
payable, tremens', rafrlrilon%, reservations, covenants and rights -of -way of record, If any,
The granter shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet
and pex-nble possession of the grantees, their heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The siagttlrr number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all Eenttcrs.
IN WII NESS u. IiF.I?1:O1 the grantor has executed this deed on the date set forth above.
STATE Or (:Oi.t1R'1f)O ....
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ADAMS .('" ,,,.• Os.`
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The foregoing tmtturiQut�s. JO
and 1.1.OV%) I.. LAWN... C.
COUNTY OF
'sly commission
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before
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-RAEs 1. ERGER
this 19'rll d,v7 JUNE, 1992 by JAMES L. ERGER
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Witnc.,, ink hand and official wal.
e( Y al l 1 L e<- / LL . A1/27
Notary rubl,c
N..1t)IA. We.. )•at WAMRANTIf Oft t) n, Jol.r
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LEGAL DESCRIPTION:
That part of LOT B of Recorded Exemption No. 1309-9-3-RE828,
being part of the South one-half Section 9, Township 2 North,
Range 66 West of the 6th Principal Meridian, as per map recorded
January 29, 1986 in Book 1101 at Reception No. 2041011, County of
Weld, State of Colorado described as: Beginning at the Southeast
Corner said Lot B, thence N90°00/00"W along the South line said
Lot B a distance of 1842.97 feet to the True Point of Beginning;
thence continuing N90°00'00"W along said South line a distance of
731.72 feet; thence N37°19/00"W a distance of 198.22 feet; thence
N03°33'35"E a distance of 204.75 feet; thence N90°00/00"W
parallel with the South line said LOT B a distance of 583.82 feet
to a point on the West line South one-half said Section 9; thence
N00°15/14"E along said West line a distance of 2247.49 feet to
the Northwest Corner said South one-half; thence N89°59'39"E
along the North line said South one-half a distance of 1413.03
feet; thence S00°00'00"E a distance of 2609.61 feet to the True
Point of Beginning.
Contains 80.00 acres more or less.
Basis of Bearings: The South line said Lot B is assumed to bear
N90°00/00"W.
c:\legals\kwillard
• •
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
Ms. Shard L. Eastin, Current Planner
Weld County Planning Depaituient
1400 N. 17TH Avenue
Greeley, CO 80631
Re:
Dear Ms. Eastin:
August 29, 1995
Willard Recorded Exemption, RE -1783
S1/2 Sec. 9, T2N, R66W, 6THPM
W. Division 1, W. District 2
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
We have reviewed the above referenced proposal to split an 80 acre parcel into two lots of
51.5 and 28.5 acres. The proposed water supply is to be from on lot wells. A permit for a domestic
type well will be available for the larger parcel the same as for any parcel of 35 acres or more. The
28.5 acre parcel may obtain a permit for a well in the non -tributary Laramie Fox Hills aquifer where
the producing sands are located between about 360 and 620 feet below the ground surface. We
have no objection to the proposal.
If you have any questions, please contact me.
Sincerely,
JaLid sue -
John Schurer, P.E.
Water Resource Engineer
JS/willard2
cc: Alan Berryman, Division Engineer
Water Supply Branch
"354A.4968
STANDARD OWNERS 1987
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• •
IJDJ7E7CIEID 9177E9CILATE OF' GREELEY
1100 10TH STREET £102, GREELEY, CO 80631 (303) 356-3200 DENVER 659-1700
Policy No: H1204756
File No: U7845B-C3
1. Name of Insured:
STANDARD OWNERS POLICY
SCHEDULE A
Date of Policy
July 21, 1993
at 7:45 a.m.
KEVIN D. WILLARD AND HEATHER M. WILLARD
Insurance Amount
$85,000.00
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
KEVIN D. WILLARD AND HEATHER M. WILLARD
4. The land referred to in this policy is described as follows:
Lot "B" of Recorded Exemption No. 1309-09-4-RE1155, as per the map
recorded May 17, 1989 in Book 1229 at Reception No. 2176643, being a part
of the South one-half of Section 9, Township 2 North, Range 66 West of
the 6th P.M., County of Weld, State of Colorado.
Issued on: January 17, 1994
This Policy is valid only if Schedule B is attached
• •
Policy No: H1204756
File No: U7845B-C3
SCHEDULE B
This policy does not insure against loss or damage, including attorney fees,
by reason of the matters shown below:
PART la
1. Taxes and Assessments, not certified to the Treasurer's Office.
2. Any facts, rights, interests, or claims which are not shown by the public
records but which could be ascertained by an inspection of said land or
by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in
encroachments, or any other facts which a correct survey would
and which are not shown by public records.
area,
disclose,
5. Any lien, or right to a lien, for services, labor or material heretofore
or hereafter furnished, imposed by law and not shown by the public
records.
THE ABOVE EXCEPTIONS NONE ARE HEREBY DELETED FROM PART la.
PART lb
1. Taxes for the year 1993 and subsequent years. Taxes not yet due or
payable.
2. Rights of Way for County Roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1889 in Book 86 at Page 273.
3. Reservation as contained in United States Patent recorded March 18, 1897
in Book 153 at Page 40, as follows: Yet excluding and excepting from the
transfer by these presents "All minerals lands" should any such be found
to exist in the tracts described in the foregoing but this exclusion and
exception according to the term of the statutes shall not be construed to
include coal and iron land.
4. An Oil and Gas Lease, from MARGARET TWOMBLY, LENA APEL AND DELLA GRIFFITH
as Lessor(s) to LELAND S. VANCE as Lessee(s) for a primary term of 5
years, dated April 28, 1970, recorded September 22, 1970 in Book 633 at
Reception No. 1555017, and any and all assignments thereof or interests
therein.
5. Reservation of the coal by UNION PACIFIC RAILROAD and the right to mine
the same as set forth in Deed recorded in Book 112 at Page 433.
6. An Easement for distribution lines as more particularly described in Book
1090 at Page 284.
Continued on page 2
Continued from page 1
• •
7. An easement for pipelines and incidental purposes granted to PANHANDLE
EASTERN PIPE LINE COMPANY by the instrument recorded March 16, 1973 in
Book 687 at Reception No. 1609207.
8. An easement for pipelines and incidental purposes granted to PANHANDLE
EASTERN PIPE LINE COMPANY by the instrument recorded November 9, 1973 in
Book 703 at Reception No. 1624562.
9. An easement for transmission and distribution lines and incidental
purposes granted to PUBLIC SERVICE COMPANY OF COLORADO by the instrument
recorded July 3, 1968 in Book 596 at Reception No. 1518301.
10. Terms, conditions, provisions, agreements and obligations specified under
the Right of Way Agreement by and between MARGARET MAY TWOMBLY AND DELLA
LOUISE GRIFFITH and COLORADO INTERSTATE CORPORATION recorded March 31,
1975 in Book 735 at Reception No. 1656981.
11. Excepting all oil, gas and other minerals lying in, on and under the
within described premises, as reserved by B.T. GRIFFITH in Deed recorded
October 11, 1983 in Book 1010 at Reception No. 1943096, and except the
East 13.6 acres thereof for electric power line right of way.
12. Terms, conditions, provisions, agreements and obligations specified under
the Hunting Agreement by and between PHILIP T. APEL, VELENA G. EGGLESTON,
ET.AL. and LLOYD L. LAND AND JAMES L. ERGER recorded April 30, 1985 in
Book 1067 at Reception No. 2007791.
13. Easement and right of way for the FULTON EXTENSION DITCH AND THE TWOMBLY
TWIN RESERVOIR, as evidenced by instrument recorded April 30, 1985 in
Book 1067 at Reception No. 2007792.
14. An easement for pipelines and incidental purposes granted to ASSOCIATED
NATURAL GAS, INC. by the instrument recorded May 26, 1988 in Book 1197 at
Reception No. 2142480.
15. All right, title and interest in and to an existing right of way or
easement for or related to that part of an open irrigation ditch, as
granted by CARL H. MASON AND MILDRED M. MASON by Deed recorded December
5, 1988 in Book 1217 at Reception No. 2163926.
16. An easement for locating, establishing, constructing and maintaining an
irrigation pipeline and incidental purposes granted to CARL H. MASON AND
MILDRED M. MASON by the instrument recorded December 5, 1988 in Book 1217
at Reception No. 2163927.
17. Assignment Deed and Irrevocable Stock Power by and between JAMES L. ERGER
AND LLOYD L. LAND, AND KIOWA RESOURCES, INC. recorded April 18, 1991 in
Book 1296 at Reception No. 2247564.
18. Any existing leases or tenancies.
19. Terms, conditions, provisions, agreements and obligations specified under
the Dry -Up Covenant by and between JAMES L. ERGER AND LLOYD L. LAND and
KIOWA RESOURCES, INC. recorded April 18, 1991 in Book 1296 at Reception
No. 2247566.
Continued on page 3
Continued from page 2
• •
20. Any assessment or lien of Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District, as disclosed by instrument
recorded May 16, 1990 in Book 1264 at Reception No. 2213921 and 2213922.
21. Excepting and reserving unto LLOYD L. LAND AND JAMES L. ERGER all right,
title and interest in and to all minerals of whatsoever kind or character
in, under and upon, or that might be produced from the herein described
land, by Deed recorded November 25, 1985 in Book 1093 at Reception No.
2033404, and any and all assignments thereof or interests therein.
22. Terms, conditions, provisions, agreements and obligations specified under
the Agreement by and between KEVIN D. AND HEATHER M. WILLARD and JAMES L.
ERGER AND LLOYD L. LAND recorded (not available), and dated April 14,
1992.
23. Deed of Trust from KEVIN D. WILLARD AND HEATHER M. WILLARD, to the Public
Trustee of Weld County for the benefit of THOMAS J. ERGER, JAMES L. ERGER
AND LLOYD L. LAND, securing an original principal indebtedness of
$70,000.00, and any other amounts and/or obligations, dated July 16,
1993, recorded July 20, 1993 in Book 1392 at Reception No. 2341935.
Schedule B of this policy consists of 3 page(s)
Hello