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HomeMy WebLinkAbout952696.tiffDEPARTMEN'i OF PLANNING SERVICES AMENDED RECLJr'DED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Kevin D. and Heather M. Willard Case No: AmRE-828 Legal Description: Lot Bof RE -828 part of the S2 of Section9, T2N, R66Wof the 6th P.M., Weld County, Colorado Larger Lot Size: 80 acres Smaller Lot Size: 5 acres Criteria Check List Meets Criteria Yes No X X X X X X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. APPROVED WITH CONDITIONS The Department of Planning Services has determined through the review that the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 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. By Date C ' 4?; (9 9l - Shani L. Eastin , Current Planner September 18, 1995 1995-2696 ii :41., ep RECEIVED AUG I 1 1995 Wine COLORADO August 16, 1995 TO WHOM IT MAY CONCERN: 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 CASE NUMBER: Amended RE -828 Enclosed is an application from Kevin and Heather Willard for an Amended Recorded Exemption. The parcel of land is described as Lot B of 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. Signed: Date: 1. 2. 3 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: We have reviewed the request and find no conflicts with our interests. FILL bUT C CESS S l= ET 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. )641,444; (i. Zi144 /,� Agency: t 1) r'.:':+..' ,IiY PiANNiN AUG 2 5 1996 -J E Y M CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ❑ TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: NAME: ADDRESS: TYPE OF INQUIRY: MHZP ZPMH RE AMENDED RE SE AMENDED SE SITE PLAN REVIEW REZONING PUD SKETCH PLAN PUD DISTRICT PUD FINAL PLAT SKETCH PLAN PRELIMINARY PLAN FINAL PLAT RESUBD1VISION FHDP GHDP USR _ AMENDED USR USR MINING USR MAJOR FACILITY USR DISPOSAL SITE STAFF PERSON: ITEMS DISCUSSED: J�. t 1 ru L /Y1.P}>-eA PHONE: MINOR SUB SKETCH PLAN MINOR SUB FINAL PLAT ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION OTHER 441, t_ / i� LtYYI.PAt LACA Jc L tAz aotim ry2J ouLeee., tiv-c m_i_AfreA Azw-e piet±- fiE (b. Time Spent: _ citizen.shl Staff Member's Initials: 000 wIIIgc. COLORADO August 16, 1995 Kevin and Heather Willard 10085 Weld County Road 31 Ft. Lupton, CO 80621 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 Subject: Amended RE -828, located on Lot B of RE -828, in part of the S2 of Section 9, T2N, R66W 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, Shani L. Eastin Current Planner pc: Curt Acklam, PLS Acklam Associates, Inc. P.Q. Box 795 Brighton, CO 80601 FIELD CHECK FILING NUMBER: "co )-)1 4 - ?� DATE OF INSPECTION: (1 • c APPLICANTS NAME: -r `r_.‘} LAND USE: kct TVC C[-i h.C t..= %•) l i 1. .t [ lCZ 1c't' • N L LOA. t L �n.• __ P�d_r r.r, cJ, E (Rol' es t 4 r 1 ' 4.)(1 ! W r. /Lr . . ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: .l_ -cJt1 .ice_ - ! _ __ _ r .t: l� r L !"-- �'_. L 1 c_.L: •iZL c _..f, L I: L . !PPry,. >`-% e (/ 1_.� /t)i L7' ti) `i 2LI1 /iI-z t/} 1Ltd-C!f^[1 i [. c1 2t../ AL --"7._ /`l3 . a_ ., . Y;..r,. t E t -C[;\ - . F` J Lt/" / r.LC ; ,..y. CURRENT PLAMNER ADMINISTRATIVE REVIEW FLOW SHEET CASE* F -4 -0 --)PC ? APPLICANT: `1°1tiL t,* t rr` u C Cz t h t.2., REQUEST: rt rp r\ c c Lei c6- vt e V & l ) LEGAL: ('-'tc - ,s- .64) ( E c_;-& ( ` " L ez> LOCATION: L .q..c4 \ t J �� ' [Inn! Q C ( L cam__ Y 201 t? ).))C].'1 off, �1CPJ (3I Date Application Received E' ^. • -9 5 Applicant complete g- g' - C 5 t. Referrals listed File assembled 8,11-q6 Letter to appl!cant mailed 5,1' _qs A Vicinity map prepared Referrals mailed P. 1-7- c S o Chaindexed ?. i ? _q r, 0 , Field check by DPS staff C1 _ 6 L. Ct 5 Administrative Review decision: z:) History card completed Date COMMISSIONER HEARING DATE (-_ I .qc:.--) 8�, Surrounding property owners notified Air photo and maps prepared e _ 2 } x2,/, ) CC action: CC resolution received History card completed Recorded on maps and filed REFERRAL LIST NAME: Kevin and Heather Willard CASE NUMBER: Amended RE -828 REFERRALS SENT: August 16, 1995 REFERRALS TO BE RECEIVED BY: August 30, 1995 COUNTY Attorney X Health Department Extension Service Emergency Management Office Sheriffs Office X Public Works Housing Authority Airport Authority Building Inspection STATE X Division of Water Resources Geological Survey Department of Health Department of Transportation Historical Society Water Conservation Board Oil and Gas Conservation Commission FIRE DISTRICTS Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 X Platteville F-13 Platte Valley F-14 Poudre Valley F-15 Raymer F-2 Southeast Weld F-16 Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. Tri-Area Planning Commission TOWNS and CITIES Ault Brighton Broomfield Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg Kersey La Salle Lochbuie Longmont Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor COUNTIES Adams Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers USDA -APHIS Veterinary Service Federal Aviation Administration Federal Communication Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont West Adams COMMISSION/BOARD MEMBER A- IAA - K C - al 4. Site Sketch Weld County Public Works Department 933 North 11th Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 WELD COUNTY ROAD ACCESS INFORMATION SHEET Date: 5 — i 8 — c'; 1. Applicant Name Phone Address City State Zip 2. Address or location of access Township Range Section Subdivision Block Lot Weld County Road # Side of Road N S E or W Distance from & number of intersecting road 3. Is there an existing access to the property? Yes No_ # of accesses *********************41** 5. CI tiz 4 7E- I-183 OFFICE USE ONLY **************************************************** v Road Z.7-- ADT -=''49 Date 7- 91-- Accidents 4) Date Road 31 ADT 1 1 Date o -' / Accidents_ cp Date 5. Proposed use: 44 Permanent RI Residential/Agricultural O Industrial ❑ Temporary O Commercial ❑ Subdivision ❑ Other ********************************************************************************** Drainage Requirement Culvert Size Length Other Comments O Installation authorized O Information Insufficient Special Conditions Reviewed by: Title: APPLICATION FOR RECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Ave"ue, Greeley, Colorado 80631 Phone (303) 353-6100. Ext. 3540, Fax# (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: APPLICATION FEE 5 DO - RECORDING FEE +� CASE NUMBER RECEIPT NUMBER c�L iy-`j ZONING DISTRICT APPLICATION CHECK BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). 1 (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: (See Attached) TOTAL ACREAGE: 85.0 Has this property been divided from or had divided from it any other proce.ry since August 3C. 1972? Yes x No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No x FEE OWNERS. OFPROPERTY: Kevin D. Willard and Heather M. Willard Name: 1751 Weld Co. Rd. 29 Brighton, Co. 80601 Address: Name Address: Water Source: Larger Pare! well - Smaller Parcel well Type of Sewer: Larger Parcel septic S-rnalier Parce! septic Proposed Use: Larger Parcel Agricultural Smaller Parcel Agricultural Acreage: Larger Parcel 80, 0 Acres Smaller r Parcel Existing 5.0 Acres Existing Dwellings: (Yes or No) No (Yes or No) YES I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. y e n ri11 f',i i. j`+ , ,...'� aAUG 8 1995 E VV t i u E Owner or Authorized Agent V I I r^ L� II / LJ DRS 7./L.S our IsaLkA t,y 2 LEGAL DESCRIPTION: LOT A and LOT B OF RECORDED EXEMPTION NO. 1309-9-3-RE828, being a part of the South one-half of Section 9, Township 2 North, Range 66 West of the 6th P.M., as per map recorded January 29, 1986 in Book 1101 at Reception No. 2041011, County of Weld, State of Colorado. RECORDED EXEMPTION OUESTIONAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. SEE ATTACHED G: Describe the location. size and present use of the area where each proposed new lot will be created. E.zolain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan. if applicable. 4. Explain how the uses permitted will be compatible with exis5ng uses surrounding the -proposed recorded exemption. Explain now the proposal is consistent with the intent cf the _on:r_ district :t a located within. Explain how the proposal is consistent with efficient and orderly development. 7. Explain how adequate provision for the protection of the health. safety. and welfare of the inhabitants of the neighborhood and the County will be accomplished. AMENDED RECORDED EXEMPTION WILLARD 1) The Original Recorded Exemption No. 1309-9-3-RE828 contains 190.6 acres. It is being requested that this Recorded Exemption be amended to create an 80.0 acre parcel and a 5.0 acre parcel with the remaining acreage not being a part of the Recorded Exemption. This parcel of land is currently used for agricultural purposes with no changes being proposed at this time. Mr. Willard is requesting this Amended Recorded Exemption so that the 80 acre parcel may be created in order to proceed with another Recorded Exemption for said 80 acre parcel. 2) The 85.0 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 with the smaller 5.0 acre parcel having an existing dwelling. 3) This Amended Recorded Exemption is consistent with the Weld County Comprehensive Plan because no changes are being proposed at this time. Access to each parcel will be from Weld County Road 22. This 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. 5) This application is consistent with the traditional use and should not conflict with the current agricultural zoning of this area. 6) The proposed Amended Recorded Exemption will remain consistent with development as no changes are being proposed at this time. 7) No buildings are being planned for the 80.0 acre parcel at this time, but would be serviced by well and septic. Weld County Public Works Department 933 North 11th Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 «'E' 'OUNTY ROAD ACCESS INFORM/ N SHEET` Date:= V 7/ 1. Applicant Name Address / 767 .Qo . -z?City ~41.44 7 -au State C'o . Zip (±3 Phone 8'" / 9'z4 Address or location of access Section 1 Township Z�t..f Ranee (o c Subdivision Block Lot Weld County Road F 2 2 Side of Road /L,.z.7--W N S E or W Distance from & number of intersecting, road .-470:102.7±- a. 47'1.Qo •—?) 3. Is there an existing access to the property? Yes No_ # of accesses *****************a*****a*****■*sa*a****a********s**********o*******s****s*****a**apex 4. Site Sketch *s**as*************a*s*s**as****rns****.***************************************** OFFICE USE ONLY Road Road ADT Date Accidents Date ADT Date Accidents Date Proposed use: ❑ Permanent ❑ Residential'Asricultural ❑ Industrial ❑ Temporary O Commercial O Subdivision O Other *********************s******ass***********s************.********************* Drainage Requirement Culvert Size Length Other Comments O Installation authorized O Information Insufficient Special Conditions Reviewed by: Title: CO N 0O W N C) O d 0 n -n EL ar NI •Z S9! .9.6092 Q 00 -H U • <1. O O N) III 204.7' co N .S.c17ZZ 6 'aaS Z/Ls aura Isa O O U C) 6 m N a, C:\SC12\WORK 5224B.DWG COLORADO mEmoRAnDum Shani L. Eastin To Weld County Planning From Trevor Jiricek, Supervisor, Subject: Case Number: RE -828 Date August 29,, '71.995 Environmental Protectksn56ervice Name: Willard. Kevin & Heather S2 of Section 09, Township 02 North, Range 66 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. TJlcs-1351 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 (3031 866-3581 FAX (3031 866-3589 August 29, 1995 Ms. Shari L. Eastin, Current Planner Weld County Planning Department 1400 N. 17TH Avenue Greeley, CO 80631 Re: Willard Amended Recorded Exemption, RE -828 S1/2 Sec. 9, T2N, R66W, 6THPM W. Division 1, W. District Dear Ms. Eastin: Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We have reviewed the above referenced proposal to split a 5 acre lot from an 85 acre parcel. The proposed water supply is to be from on lot wells. The 5 acre parcel appears to be served by an existing unregistered well. 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. We have no objection to the proposal contingent upon the applicant late registering the well serving the 5 acre lot. If you have any questions, please contact me. JS/willard CC: Alan Berryman, Division Engineer Water Supply Branch Sincerely, Sc-AAAt John Schurer, P.E. Water Resource Engineer RECORDED EXEMPTION J.1309 -9 -3 -RE 828 s 7.0 to PO a i i Coe.. `p'! 2 5e` . 9 T. 2>1., 2.�C...! (S• -r C. ire INA.t F..i 89.59 39'F_ i•-: •ib'00 Gr?'� Lor 1006 L.JR ci•/?,came..•) Coo-r,a0'Jib 1$.s. y ee) caeca Moe.a Ge L,Esaa Lo -e- „ 5. oc:' O.ce Mete oe_ Le6S w1 owtri A"e , 30.00 S.�..i. Coe. Sec... cj trjp•�O 00` - 26574:71' e 4 o 324.'75. •tea 44 .42.11 b °ea,' I4 `.J +c.0S. Zee • �•30`32`...f tut. 4p _ oc.•.5+'an" 4; 3�r.oyy :►.1 ore% L•.w ... (p, eo. 1,10 • Z .^ — 324 d. 6,3 •._ -c„./ :- 'sa e& Wet -c) Cou..3-rte{ Qo+e.o ► -lo. 22. o Cla ..+o -rem • ""4 2td,.,e. A Lar Lc.. s ■ 0 vas. C•c.lae.. `o.L..'ra0 8•{ Zs. /_taJc.l r.••JY6 or 2 CERTIFICATE OF CONVEYANCES ' SERVICES STATE OF COLORADO ) COUNTY OF 'xELD ?J CCUNTY DEFARTu ;T OF PLaNN:NG The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE or ABSTRACT _OMFA:;': hereby certifies that it has made a careful search of its records, an finds :he following conveyances affecting the weal estate described herein since August 30. 1971. LEGAL DESCR 'DN: ±-.,T -T "A" CON7.'E": aNCES (if none appear, so s rat Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. '007792 200__9 J' 200779; _OO779 I"U4'__ Book :06 Soak 'n 3cok _06 3ook 1067 Book �La' Book 3ook 3ook .?_..y __... ._2 is Bade for :he Isea r :r::: ?= - Services of VieEd :ounc7 . is 2er:_ficate is not to be bons:_;e.; as an Abstract of '--l' nor an oc_.__... D^ Title. ^.Or 3 " t3;:�.ee Tit_e. and :he __abt_._ J_\-1 'TY _s hereby Limi_ec =.. _ne :his .e? :_f_.:ate. in 'itness Thereof, .;N__ED T;T . COMPANY 07 GREELEY "^MT T ;has caused this -_ _care to be signed by its ,roper officer 3f APRIL A.D. To qc at 7.5 77\17'77 :7MDA77 i.. AUDHCRIZED S IGNA:URF. i "EXHIBIT A" LEGAL DESCRIPTION That part of LOT 3 of Recorded Exemption No. 1309-9-3-RE82S, 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 Bock 1101 at Reception No. 2041011, County of Weld, State of Colorado described as: Beginning at the Southeast Corner said Lot B, thence N90a00'00"W along the South line said Lot B a distance of 2574.71 feet, thence N37 19'00"W a distance cf 198.2" feet; thence N03' 3::'35"E a distance of 204.75 feet thence N90 00'00"W parallel with the South line said Lot B a distance of 383.82 feet to a point on the West line said Lot B' thence NO0'15'14"E along said West line a distance of 741,76 feet, thence N90 00'00"E parallel with the South line said Lot 3 a .' distance of 34ry ti • �+i feet :r � �.^r a point o: the !!as r line said Lo t 2: thence southerly along said East line the following oe=ses and d4 stances . 321'30'32"W 506°31'4""y 513'16'48"W Beginning. 21).62 feet: 171.03 feet; 357.30 =set `_0 the Prin c.. A R 20077 12 --- le 3\ 1 r a 1067 REC 02007792 04/0/B5 12:29 $6.30 1/002 F 0847 MARY ANN FEUERSTEIN CLERK & RECORDER 4ELb CO, CO WARRANTY DEED VMGM IA ST',;ELE, r.ww.r a/'.+•/a VIRGINIA G. 3EL3 Ahose aJJnssis e/o S.T. Criffilh, 305 County Road 209, Durango. •t'trunly of taPlatA .51:[1. of Colorado , fax the consideration of S10.00 and other cons i derat Lgn1gn, in hand paid. hcnby sc(llsl . 3nd converts; in • whose cgni audnss is i iYiD L. ',AND and .;ANES County Irf the !nihn..inT re:1l rn•rn its •n the Counts of We l d S.tne ..'"...i171t .1 'tl'.1rnr,f} .ter^to al‘n it n na ll !r\' --1 ITr1 ::nrl rlull,ra'r .t . sad Si.:Ic of :Ain :11 1. 'nouns 1.0 i., c,. :nti '.:irT::m1.1 1,, Mk' It, she lnh'..oh+cet lu . and Siaie -?I ...':•se 'receptions tS 'lp(.r! ir)Ov.a -Ind 'lase Zeneroi .car :73F. `.a':- ia' 71, CAT 4O +.00621 TO 1944 CA I? • i71 Inorv,dusi) 5T.:T1. OF ('.11.!F'UH'IA c:OIINIT ' of $AN .}OAt�iJl Y on APRt.`7. 1'1e5 tail Stare, personally appeared <≤ iiN;- 'I. OTTR1 :NSL,*eANKY AfNO 'AVSY Sefore nn.:he nn.ieea4Yned. + '(orlry :'„cue •n uW for STL'L_ .4/1Ia 'd1 RGfxif _ 7.n -son -ally tnown to me .x proved. I. Me 1.n ':le ?011! .,l 1.11[51.10 .,017,- ea,Qen4'e '0 SC : i,f :Yly •nom 1,.:.c name .'.� :uolcrtor.l 11f tfc allhin inairun,[',t JnJ aei.no..'Ietixr,iTae- Turrd :hr same. ITNFSS me hand and lufieul teal i .9V .:fFi:J.t. .J.�. tMaA r& slvnOru .yrAJ.. ...MAX • C.4.1.01'eA i... >t Mai • net are. a. a<i ' , r,•.,..i r�l w B 1067 REC 02007792 04/30/85 12:29 $6.00 2/002 F 0848 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO rC1iB1T A 10 WARRANTY DEED O LLOYD L. LAND AND :AMESS L. ERGEti l''or ,he Si/2 of 3eet ion , 10 iishi', _ 'forth, '?ante 15 West of '.he nth P.M. together with 125 ;hnres o( the capital 3tocx of Fulton irrigation Ditcn t'ompnnv and 2 dr'ncstic welts excepting an undivided ':/1n interest in the oil, gas And other minerals lying in, on and ander said oreniscs as reserved in decd ro orded on Cetooe_r II, 17S' in -3ook '010 .as Reception ''?n. 1341096. SUUJECT TO n reservation of the -•nnl t,y Union ^'ei(ic 3nilrond and the . ielt to nine the same its set (or'.:1 in deed recorded ir. ::ooac ,12 it Page 423 ;ld \r,annhoe County records Ind in deed recorded in Book 151 it ?age 141, :n ;aid county records, to n right of 'nav for the Fulton Distension Ditch, to rights of :.nv For county roads 30 feet wide on either side of section and tovtnship lines AS established t,v order recorded in Doak 16 at rage 270 of snid county records. to rights of Tnrynhly Thin Reservoir. :o an easement ror distritiulion lines deccrihe,l in ]look 1090 it fine 28.1 in the records of !Veld Count', to nil and ens lens(' recorded in Book 537 ;is Reception +o• 15555017 And rxtensinn thereof r'•,•„r•.lr,t it! iltuak 749 +i5 Reception No, 1G713all to erse- +netrt for pipeline purposes as described in Book 71)3--tl9 eve tion ']o. i(,,24562, to C:asnnr+,t anei rs.r±,t :,I 'any for ppipeln1,11yrfyiutpds.cried in l ast riane•nt r1'ror,lr,l iii '. i,1, "IIeT '1 !tree:pt inn No. tnl0P: ".o E.nt'etcn is and rights of .auv for pith' :ne• pnrl•ose•v as desrrilciJ in instruments recorded in :Wink 71'' AS I?.ce•ta l iarl Nutt. I611307, 1513806 and l h333 t t . and in Book 735 as Iter'•)i inn No. 1FSr;!INl All in the records of !Veld County, !lalorado. • 1067 REC 02007793 04/30/85 12:30 S6.00 1/002 AR2007793 F 0849 MARY ANN FEUERSTEZN CLERK i RECORDER WELD CO, CO WARRANTY DEED He1REN Y. PETERS, formerly KAREN Y. CRIFF1711 :and Xtlfil.0 X. lIFF1T11 whu.c:iddrssis r/o B.T. Crifflth, 435 County 'load 239. $tore Documentory Fee I Durango, •County of LrtPlataColorado . For the cunsideriiinn u( 3l 0.00 and other cans idera t iRA1Brs, in hand paid, hen:hy xIH.I Ind convcylsl to 1,:_C YD L. LINO irtd 'AV,ES EAR, "uiorne kiai address ;s (*minty :.h :rhi Si:i!t !ri ;he nlf,iu inL rc:,l Etnt rty 'n `!rc , „nn v^' d . and State ui i�?o xnibi! :V .tl;ai^ed 'arlt.) Ind incorpousted • ^in ')V 1',' \ni wtn in lRY! .:u,i :gtn,f1 r ., ilh .tii !. :;'i'lUya.w,:� ..ml ..rn.,a;[.i •� .•c .., ,nx' •d0r,: ..'(”•' •ons is 'tn;r?. inovn inl] :;Cti e' ze?niir'1: 1'f?'? ,.�� .:'. !'. •--r :135 .1 iri.a in :?Hr;. . `ter i N_sYA t1. r U FF i !}( I .,ani...,% I Its i.,rtp•nile n,.tr'nmc'!q +..r ,.;n..,aia,i�5•J it l,.ec ;,K' v, IN. C....1111) ✓ 'r. ,rw:u. •r, 'Illy `i. • r test :t w:,. ,,.� ?rwl . •;.'3tc' • a� 1-7t9 , loaner I KAREN Lf. :rt E FF 1 TIf .and 1 n 3 1067 AEC 02007793 44/30/85 12:30 $6.00 2/002 F 0850 MARY ,ANN FEUERSTE,N CLERK i RECORDER WELD CO, CO E411 i31 T A 10 WARRANTY DEED 70 LLOYD L. LAND :AND JA11ES L. E .1i For the SI/2 of Section 9, Township 1 North, Range 58 West of the &th P.M. together wit' 125 shares of the :vital stock of Fulton irrigation '`itci'I Co tinny and drancrtie wefts excepting an undivided 1/16 interest 1r. the oil, zris And other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Rook 1010 3s Reception No. 1947095. SUBJECT TO .a reservation .of :he b•' pion Pacific Railroad and the runt to mine the same is qet :"nrtlo in dLCd recorded in Doog ..2 it ,'ace 422 Cid .Arnnnhoc Count,/ recorris .and in •;cCd rrror'tcd n look ut 73x'^ :11, in said county cceor{1C, to 1 . 'c?fit .7f way `'.rr :tic Milton Fxtensi - )itch. '.o Tats :ef sr: )r (-nnnty ron.ls 'tl cet Nide en 21t er si,4e )1 :cct ion and liars 'rti r.tnhEisncd ''v nrdf.r -ccorded in ''+wok 35 3t ''free :72 '7I :nip1 main v . eenroN, :n . ieht, of "'.tanbi': r'A'in itcser'toir. to :an enseivent 'or di",. ihut ion lines d,'orihint in onnk I iitI a; Piece '_34i in tlic records of Weld County, to oil clad ens lease reenrdcd in nook 133 15 '(L'eeptiOfl `In. 15555017 end extension thereof recorded in l.took 749 as Reception No. 1571320 to ease- 'rcttt for pipeline purposes .as described in ;Rook 703 as Reception No. .1^3552, to easrsncnt .and right of xny for pipeline purposes described in instrument recorder in nook 7i19 its Reception No. IR3082I. to easements .and riehts of ',my fir pipeline purposes ,as de%cribe.7 in instruments recorded in nook 712 :ts Reception Nos. 1113907, 1533808 and 15338I1, and in 0ook 735 is Rec^ption No. Ifi5A981 all in the records of weld !'aunty, Colorado. AR2nD 3 57 REC 02007795 04/30/85 12:00 $6.00 1/002 7,95 7 0852 MARY ANN FEUERsTEIN CLERK & RECORDER WELD CO, CO ...our.; address is WARRANTY DEED PHILIP TRUMAN APEL, A/k/a PHILIP T. APEL 3737 E. Geddes Place, Littleton 'c'1 y nl lrnonhr7e . SIab: r,r Colorado rtx 117¢ comfier cion of $10.00 and other cons i der t Lamm. in nand paid. hcrrl.y \rlllsl and [nnycyla) to LLOYD L. LAND and J NES L. EPEER, 4114>~e legal address is CWary of , and SIa1C C71 .he .rif,V•Iii real 'nmcrty •r, •he County of Ve1,a ' anradu, ;ii rt: S.-' 'Xhjhlt i 31 t.3Cne'j ler?t7 1nt; .neorporat.,.d .`7P_f?1:7 Liy ,!\.I L1VI,u r1 '']y 11 rC�! .i>tV n11111 t+a'r ;.. .5'It 11 .ul if\ ',i.',irlen.rICCs. }r :Iris !.r Ip7C': MC'. •.`t�5P_ icC^Dt:rns .IS 70t'r] lni7 7,01a :7 ' aP5. �r. .'N_ l�nlllll i�r i ;.1t\• `.rtri'•_I rtll4 tn�lr!rl,lc,Ii -..i. i.ni na it-rlet'.I N•1.rlti -nt- ;n :nC ;4/.1 •y., • Stott Coturnentary Fes Dote —32-R-1 0 and State of }X •' •:r t.Nra _;e:te ,--'85 )qV- 'i :. :P 7. ;� ` •� Co+unr\ 4— ;by PRIMA-f-4PFL, a; LilaPHILIP 7. APEL. is ,�.- • 1067 REC 02007795 04/30/95 12:30 $6.00 2/002 7 0853 MARY ANN FEUERSTEIN CLERIC L RECORDER WELD CO, CO For the S]!Z of Section 3, r ''.�,,:._;.r *;.:-,:,y-,c;: :,.';_•r _ .,:��:.c;r.3:;�..ds,.a:-fs:. ownship 2 North, Range n6 West of the .8th 1 1f together with 125 shares of the capital stock of Fulton -lrrigalionDitch MaIQ Company and 2 d&rnestic wells excepting an undlYided.1/I6 interest in- the•:,:. _.' oil, ens and other minerals lying in, on and under said premises as reserved - • in decd recorded on October II, t981 in Book 1010 as Reception No. 1942096. sum.= 70 a reservntion of the cool by Union Pacific Railroad and the right to mine the snore ns set forth in deed recorded in nook 112 at Page a2J Old Arapahoe County records and in deed recorded rn Book 153 at rage 141, in said county records, to i right of way for the 'upon "xlension Bitch, to rights of wnv for county roads 30 feet wide on either side of section and township lines as eslahtislied by order recorded In Book 36 at rage 271 of slid county records, to rights of "Dwornply "loin Reservoir, to an easement for distribution lines described in ;Book 1990 at Page 284 in the records of Weld County, to oil and ens lease recorded in Book 613 as Reception No. 15555017 and extension thereof recorded in Book 749 as Reception No. 1671320 to ease- ment for pipeline purposes as described in ;Book 703 as Reception No. 1624562, to casement And right of way for pipeline purposes described En instrument recorded in Book 799 is Reception No. 1630824, to easements and rights of sorry for pipeline purposes as described in instruments recorded in Book 712 is Reception Nos. 1613807. 1523808 and 1537811, and In Book 725 as Reception No. 1656961 all in the records of Weld County, C'lorado. "R2J077'. 3 1067 REC 02007796 04/30/95 12:30 -`" F '54 MART ANN FEUERSTEIM CLEAR i AECr WARRANTY DEED YEIENA FJQGIJ2S7:14, a/k/a VEW A C. ECGUMTDI and FCBERT C. CUFFITFI 14.00 '2 WELD CO, CO 'h a aiilrre,i c/o 3.T. Griffith, 435 County Road 229, Durango, •C!nrntr Irl 1a Plata State of Colorado ronsictcratinn of 310.00 end other cons iderat lA[A3n. in i1i i paid. hcrciry scik i and conv yU! to LLOYD L. LAND and JAtE3 L. OVER, whose sepal add cw is . arid .state d the following ;cal properly in the County o( Weld Colorado, n wit' See Exhibit .4 at:ached :'tereto ant :ncoronr3ted herein ay -eference. Dotss4,73.6 .. $J-Ja(' 71111 wrowvn i'v •.Ircct ,roll ,1w,,bcr ;Is wirh at! as apptirrenaner.. anJ I. lilac let ihr .:Into •Iri.trrr !.t Those exceptions as noted above .and those ?enerai taxes for ;he year ;.85 any - able in :985. ienrd vu1 / L %r1 IA _Cx.a..:Sr tV s E'..uYA 3. ELT.; ESTCP4 ✓ :t ecru I TII4„ "'1: hp-': )ri .•i.t tt� : $1,11,111,, a:!, ..r .itt :,.a ,it:L't't: ;4-'. ::.' 'ni •i! .Ira. 1.4t aunt) •.ti rl �.1 i7T]J . ..i.,IL•.!I I .. v ' U O :his / j 71 o- ` `r' I!' n1 t/F 1.2NA a, z! a ',ELI -NA 0. EEa12s CN and Pt1 agEf : cRiFrlfli. •'� '++�� [IiYryll♦lirin c'!UR1 /C- r 7- 2 n ^/ 1'y '.ayrr[���gy 17and :Ad.11ia ;al •rai 'r •n' I �� (•-!•! rl Ctc- . B 1067 REC 02007796 04/30/95 12:30 $6.00 2/002 P 0855 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO EtH I BIT A 7D mvutuTrY DEED '1D LU D L. LAND AND JAMES L. ERCEt -° v '... . . ` • ' For the Si/2 of Section 3, Tonnshl P 2 Borth; Mange 86. West at the; 6th together with 125 shares of the capitaIstock of.Fulton _Irrigation Dftch Company and 2 domestic wells excepting an undivided 1/16,interest in the oil, ;as and other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Book 1010 39 Reception No. 1943096, SUBJECT TO n reservation of the coal by Union Pacific Railroad snd the right to mine the same is set forth in deed recorded in Book 112 at ?Age ;73 Old Arapahoe County records and in deed recorded in 3ook 153 at Page i41, in said county records, to .9 right of way ;or the 7ulton Zxtension Bitch, to rights of way for county roads 30 feet wide on either side of section and township lines as established by order recorded in Book 36 at Psge 273 of said county records, to rights of Twombly Twin Reservoir, to an easement for distribution lines described in Bonk 1090 at Page 294 in the records of Weld County, to oil and gas lease recorded in Book 633 as Reception No. I5555017 and extension thereof recorded in Book 749 as Reception No. 1671320 to ease- ment for pipeline purposes as described in Book 703 as Reception No. 1624562, to easement and right of way for pipeline purposes described in instrument recorded in Book 709 as Reception No. 1600824, to easements and rights of way for pipet-ine purposes is described in instruments recorded in Book 712 as Reception Nos, 1533807, 16.909 and 163331I. and in :Book 735 as Reception No. 1656991 all in the records of Weld County, 7olorsdo. a 1342. k.,,, 02294755'7;• 07/0$/97 16[03 $5. FAI�22TM755 ` ""`" P 1,361 P.ARY AIIH EEDERSTEI2[_CLiRIC i RY.CORDEa:-WP kCflr,COrffire Arkrintern ; ;t • WARRANTY DEW TilLS DEED, }fade this hfTII day of JUNE. Iffl between JAMES L ETGET and LLOYD L LAND of the County of ADAMS and State of COLORADO, grantor. and KEVIN D. WILLARD and HEATHER M. WILLURD whose legal address ,e 175l WCR :7, DRICIITON, COLORADO 3O6OI of the County of WILD and State of COLORADO, grantors: WITNESS. that the grantor, for and In tonsideratlon of the suns of HUNDRED AND O /lOOiM DOLLARS, (S36.300.00). the neteipt and wffklency of cable, hi herby acknowledged, has granted. barpined, sold sad conveyed, and by these presents does grant, bargain. sell; eonrey and confirm unto the granters. their heirs and assigns forever, Mt 1■ leweslty iR lrplwi. Ml ila fella/ learr11, I the nod property. together with Improvements, if any, situate. Lying and being in the County of )1r[LD.. and Slate of Colorado, described as follows: LOT 3 OP RECORDED EXCL'MPTION NO. of-1-3-RE323, 3EINC TART O% TieE " rr.; — SOUTH ONE—HALF or SECTION f. TOWNSHIP : NORTH; RANGE 66 WEST Or TUE: = ITH P.M.. AS PER MAP RECORDED JANUARY 10, Ifg6 IN 3OOK 1101 AT RECEPTION NO, :04101 I. COUNTY Or WELD, STATE Or COLORADO ExCEPTI4C UID 3ESERYINC UNTO THE ?ARTT or THE FIiST TART "GRANTOR' ALL RIGHT, ..TLS AND ;NTEZEST :Y AND TO ALL MINERALS Or YhIA:SOEYER 1CI:ID, IN. UNDER AND :UPON JR THAT itICY,T 3E ?RODUCZD 7RDM THE HEREIN DESCRIBED LAND. is also known by ttriet .nd number .4 'VACANT FARM GROUND, FORT LUTON, CD. 3Oh2I TOGETHER with all and 'insofar the hereditamcnts 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 heredilamenta and appurtenances. TO HAVE AND TO 11OLi) the said premises above bargained and described, with the appurtenances. unto the grantees. the', heirs and assigns forever. And the grantor, for himself, his hetrs and personal representatives. does covenanr• grant, bargain and agree to and with the grantees. their heirs and assigns, that at the time of the ensevling and delivery of these presents, he is well seized of the premises above conveyed, hag food, sure, perfect, absolute and indefeasible estate of inheritance, in law, In fee simple, and has good right, full power and ;awful authority !a grant, bargain, sell and convey Use same in manner and form aforesaid, and that the same an roe sod clear (torn aH farmer and otter grants. bargains. sales, liens, taxes. assessments. encumbrances and reatrictidns of whatever kind or nature soever, except for taxes for the current yaw, a lien awl ■of yet dee er ,payable, rsxenrnfs, resrrlrelons, reservatione, rovenants and rights -of -way of record, if any, 7hr tnnl C'! t a[ :n,i .tsl :red xzeeaole :trtse,,rrn 'i :ie 'launtng the Snore it ten ^art t he se::g,rlar rii,rnocr :oolicabie IV 'Vii v•:. l"f`f LLOYD LANO STAi'I; Or COLOR 'r I( ) ,G't�e per+ (he foregoing :n.sl ulnfett�ab �`+u'• and ILOY)) i.. ...,.`:IY.�KS ....a ttly comet ns,<m - pi, oic .' 1' 'sY O r Q Z..., JI(FF.ND :re :olive-rarratned 7rem••es In the lusct ,rata;+, Ire tics :red cosigns. :garnst ,,l :red every arson or arsons :awfully eret'I . nclaJe :'te - roil, .he 7n,ri 'he :inqular, :no 'he tat of my tender snail he he ;r_ntor bas ,,ctiu,eJ ltus ]cry ,n the 17Ee <n :orth :Cave. COUNTY OF t. •. .71A. v•., ) i$ r+AxnANTY O,i _y,+1f_S L. °liCEER ) '5. ed before me this :9 -Flt .!ay of JUNE. 1992 by r'A\1ES L. ERGe^.R '�'it nr,vnsr 'land and 7if trial rat w .r, ^tdK If STANDARD OWNERS 1987 UNITED 9PJE7CILAID OF GREELEY 1100 10TH STREET £102, GREELEY, CO 80631 (303) 356-3200 DENVER 659-1700 STANDARD OWNERS POLICY SCHEDULE A Policy No: 111204756 File No: U7845B-C3 1. Name of Insured: 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 area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 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 Lessorts) 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 easement for or related to that part granted by CARL H. MASON AND MILDRED 5, 1988 in Book 1217 at Reception No. to an existing right of way or of an open irrigation ditch, as M. MASON by Deed recorded December 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) RESOLUTION RE: APPROVAL OF AMENDED RECORDED EXEMPTION #828 - 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 Amended Recorded Exemption #828, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Amended Recorded Exemption #828 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 S% 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", saki plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 80 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 Amended Recorded Exemption #828 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. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an ISDS evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with currents ISDS regulations. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. SEP2al993 951969 RE828 RE: AMENDED RE #828 - WILLARD PAGE 2 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 ty Clerk to the Board • L , Deputy Clerk taLthe Board APD AS TO FORM: WEI COUNTY, COLC)RAD Dale K. Hall, Chairman . Kirkmeyer, Pp -Tern George E.Baxter W. H. Webster 951969 RE828 1101 REC 02041011 01/29/86 15:51 $6.00 1/uuz _ _� J571 MARY ANN FEU 'FEIN CLERK & RECORDER WELD CO, CO wren► .s.e RECORDED EXEMPTION NO. i309 -9--3-R :c.c-= 4/O9G • LEGAL DESCRIPTION: That port of the Snttth one-half of Section 9. Tr-nahip 2 North. Range 66 West of 1 6th Principal Meridian, We County. Colorado, deacrtbeu ae: Beginning of the Southwest corner.of said Section 9; thence 1400°15'14"E. along the West line of sold South one-half a distance of 30.00 feet to the True Point li ne o Beginning; thence continuing NOO 15 14 E along gold distance of 2609.4" feet to the Northwest come' If sold South one-half; thence ! '59'39"E along the North II of sold South one-half a distance of 2671.62 feet; thence S22'55'53"E o dietonee of 880.55 feet; thence S41°36'35"E o distance of 324.95 feet; thence $44°42'17"E a distance of 336.35 feet; thence 505'09'16"W d distance 165.20 feet; thence 523°50'32"W a distance of 261.45 Feet; thence 506'31'47"E a distance of 371.03 feet; thence S13°16'48"W a distance of 557.39 feet to a point 30.00 feet North of the South line of sold South one-half; thence 590'00'00"W parallel with acid South line along the North right -Of -way line of Weld County Rood No. 22 a distance of 3267.58 feet to the True Point of Beginning. Contains 190.583ooree more or thereof. tees excluding the South 30.00 feet Basis• for Bearings: The South tine of Section 9 is assuaed to bear N90°00100"E. . SURVEYOR'S CERTIFICATE: ••,O: I hereby certify thdt this plot woe Prepared under my'!UPW talon and that the some is correct to the best of my knowi41.004,1:02,4.4' ed04,Ct1d,..i a and belief. -c:'i Roye'ond 1f.. Beyer `.. Reg. P.L.S. No. 6' We, the hderelgned. being the sole• owners In feena the-0•vs T <; deeortbed.property do hereby subdivided the sore as shown on the attached lop. The fo goln• certifleotlo{�,WOs acknowledged before doy * d . A.D. A[_ r I My Commieeio Exp Notary Public: Ar This plat is e: p1&d aruf approved (or filing. Department of Planning Services i ector "4•&'.. • The foregoing certification was acknowledged before methis oi`-` My Commission expiress• rye, Con Miipr, Eltoter,t Pa. ee8 t ` fotarp.Publie t. Witness my.Han$ and Seal.;; C.. , , .- r • PURPORTrr -,- v Applicant: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW James L. Erger and Lloyd Land Case No: RE -828 Re WO Legal Description: Pt. Si of Section 9, T2N, R66W of the 6th P.M., Weld County, Colorado. Larger Lot Size: Criteria Check List Meets Criteria Yea X X X X X X X X X X X No 185.589 acres Small Lot Size: 5 acres 1. Consistent with the intent of the zone district. 2. Compatible with the existing surrounding land uses. 3. Compatible with the future development of the surrounding area. 4. Complies with Overlay District Regulations. 5. Complies with minimum lot size requirement. 6. Complies with the Wald County Comprehensive Plan. 7. Consistent with efficient and orderly development. 8. Late accessible from an existing public road. 9. Adequate water supply. 10. Adequate sewage disposal in compliance with requirements of the Weld Count,- Health Department. 11. Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or ars not part of a Minor Subdivision. X 12. Doss not evade the Weld County Subdivision Regulations requirements and. Statement of Purposes. APPROVED Recorded Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of Planning Services has determined through its review that the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. 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 9-2 C. (4) of the Weld county Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. By �a1 ct rLi&ei[ Date ) VI "7 ~fee Current Planner APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services. 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. ZONING DISTRICT APPL. FEE L�"3.�4.-2,520� /� RECORDING FEE RECEIPT NO. DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we). the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: See attached legal description incorporated herein by reference as Exhibit "A". TOTAL ACREAGE: 190.589 Has this property been divided from or had divided from it any other property since August 30, 1972? Yea X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: James L. Erger Addre;: 7290 Magnolia Street. Commerce City CO Phone: 288-5061 80U22 Name: Lloyd L. Land Address: 14021_ Country Hills Dr. Brighton CO Phone: 659-3153 80.601 Name: Addrea�: Phone: WATER SOURCE: Larger Parcel well Smaller Parcel well TYPE OF SEWER: Larger Parcel septic tank Smaller Parcelseptic tank PROPOSFO USE: Larger Parcel agriculture Smaller Parcel agriculture e� ACREAGE: Larger Parcel 185,589 Smaller Parcel -5- EXISTING DWELLINGS: (Yea or No) no (Yea or No) yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO James I„ Erger Signatur Owner or Subscribed and sworn to before me this /d 4ey o (SEAL) My Com:aissica Expires Mar. 3o, 1U8 My Commission expires: —7F-7::=Z-1iE-11° Notary Pubf1.c fl li 1985 *II g, .IM4 wawu1 LEGAL DESCRIPTION: That port of the South one-half of Section 9, Township 2 North. Range 66 West of the 6th Prinalpol Meridian. Weld County, Colorado. described os: Beginning of the Southwest corner of said Section 9; thence N00'15'14"E along the West• line of said South one-half a distance of 30.00 feet to the True Point of Beginning; thence continuing NOO°15'14"E along said West tine a distance of 2609.49 feet to the Northwest cornea of sold South one-half; thence N89'59'39"E along the North line of said South one-half a distance of 2671.62 feet; thence 522°35'53"E a distance of 880.55 feet; thence 541'36'35"E a distance of 324.95 feet; thence S44°42'17"E a distance of 336.35 Feet; thence S05'09'16"W o distance 165.20 feet; thence S23•50'32"W a distance of 261.45 feet; thence 506'31'47"E a distance of 371.03 feet; thence 513'16'48"W a distance of 557.39 feet to a point 30.00 feet North of the South line of said South one-half; thence S90•00'00"W parallel with sold South line along the North right-of-way line of Weld County Road Na. 22 a distance of 3267.58 feet to the True Point of Beginning. Contains 190.589ocres more or less excluding the South 30.00 feet thereof. Hello