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I IN Q fr I , d^as eqy fryy§ ,s; 834 El �R p 10Z '114 lil —R mrs a; 554 W d n °!3 z€ r6 a •.--.) • RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2494 - ED ORR 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), C.R.S., 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 #2494, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #2494 was submitted by Donald and Marie Winder, 826 9th Street, Greeley, Colorado 80631, for property which is currently owned by Ed Orr, located in part of the Part of the E'% W% of Section 19, Township 6 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 90 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 Recorded Exemption #2494 for Ed Orr 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 (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. B. The applicant shall submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Department of Public Health and Environment. The Environmental Protection Services Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system located on Lot A. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the 992010 c PL 1 l t- RE2494 RE #2494 - ED ORR PAGE 2 event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. C. A 30-foot wide joint access easement extending across Lot B from Weld County Road 66, for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This road will be graded and drained to provide all weather access. D. Lot B shall utilize the existing agricultural, oil and gas ditch road access points. No circle drives or additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. F. Weld County Road 66 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 66 shall be delineated on the plat as right-of-way. G. The applicant shall submit a recorded deed describing the entire lot upon which the Recorded Exemption is located. H. The applicant shall submit evidence that parcels 0805 19 000017 and 0805 19 000005 contain a minimum of 80 acres. If evidence cannot be obtained, a Subdivision Exemption for a lot line adjustment shall be applied for and approved by the Weld County Department of Planning Services to avoid the creation of non-buildable lots. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance (Ordinance 89), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on-site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption; however; subsequent Recorded Exemptions on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 992010 RE2494 • • RE #2494 - ED ORR PAGE 3 4) Prior to the release of building permits the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) The Right to Farm Covenant as stated in the Weld County Comprehensive Plan, shall be placed on the plat. 6) Prior to the release of building permits on Lot A or B, the applicant will be required to submit a recorded deed describing the lot for which the building permit is requested. The legal description on such deed shall include the lot and Recorded Exemption number. 7) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance #169-A. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Board of Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS ELD COU► C LO' cO ATTEST: /4114 i ey wtM r gale . all, Chair Weld County Clerk to the` ,• .( •�Y.ft , CUSED �' �;, r- ,�`':arba J. Kirkmeyer Pro-Tem BY: ��- .'•.��. !. �C=.�� Deputy Clerk to the Boat,4! �� %�� George E. axter APPROVE A,S2O FORM: ( . J. Gel e tAttorney l / / A . le nn Vaal" 992010 RE2494 4A, (t DEPARTMENT ERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Sheri Lockman HEARING DATE: August 9, 1999 CASE NUMBER: RE-2494 APPLICANT: Donald & Marie Winder CURRENT OWNER: Ed Orr ADDRESS: 826 9th St., Greeley, CO 80631 REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. E2 W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0805 19 000003 PARCEL SIZE: 95 acres ZONE DISTRICT: A (Agricultural) WATER SOURCE: North Weld County Water District SEWER SOURCE:Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 11.4.2.1 through 11.4.2.6 of the Weld County Zoning Ordinance, as follows A. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of this Ordinance. 1) Section 1.3.1 - Assisting orderly and integrated development. The location of Lot A should not be supported in that it creates an island lot. Changing proposed Lot A into the building envelope for Lot B. would avoid an island lot and leave the existing outbuildings and granaries with the farmable lot where they would more appropriately be located. 2) Section 1.3.7 - Safeguarding the interests of the public, the homeowner, and the subdivider. This application does not take into account the interests of the future owner of Lot A,who will be responsible for acquiring any utilities that do not exist and the upkeep of the existing accesses. 3) Section 1.3.10-Preserving agricultural land and promoting its most productive agrarian use. Although this proposal locates Lot A in a non-productive area, Planning Staff concurs that other configurations using the entire contiguous land owned by the applicant will be more effective in preserving the agricultural land and not negatively impacting the irrigation system. B. Section 11.4.2.5 - Compliance with the recorded exemption standards set forth in Section 11.8 of this Ordinance. 1) Section 11.8.7 - The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 1.3 and 11.2.1 of this Ordinance. At the time this application was submitted this parcel was included in a 345 acre parcel owned by the Winder Trust. Four parcels have already been created with a possibility of nine using the recorded exemption and subdivision exemption processes. Planning Staff concurs that the intent of the recorded exemption process has been evaded by creating multiple lots without utilizing the subdivision process. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 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 (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. B. Submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Health Department. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located on Lot A. 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. C. A 30-foot wide joint access easement extending across Lot B from Weld County Road 66, for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This road will be graded and drained to provide all weather access. D. Lot B shall utilize the existing agricultural/oil &gas/ditch road accesses points. No circle drives or additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. F. WCR 66 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 66 shall be delineated on the plat as right-of-way. G. The applicant shall submit a recorded deed describing the entire lot upon which the recorded exemption is located. H. The applicant shall submit evidence that parcels 0805 19 000017 and 0805 19 000005 contain a minimum of 80 acres. If evidence can not be obtained, a Subdivision Exemption for a lot line adjustment shall be applied for and approved by the Weld County Planning Department to avoid the creation of non-buildable lots.. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld County • • Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption however subsequent Recorded Exemptions on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process.Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 4) Prior to the release of building permits the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment;dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6) Prior to the release of building permits on Lot A or B,the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption number. 7) Should noxious weeds exist on the property or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Ordinance 169A. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. • r_ Plat Checklist Item Comments Check Proper size of plat 24" X 36" or 18" X 24" Boundaries of Lot(s) i/- Scale Suitable Scale? (Approx. 1"=200'or 1"=100') Access indicated Shared access? If so, is Easement Certificate included? Roads labeled, including R.O.W. t/ Building Envelope(s) ✓ Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE y----- Notes from Planner/ Acceptable on sticky-back adhesive paper / --- Development Standards Conditions Of Approval completed? itki"" nLkc C Q ' U'vt 1 i_,-- North Arrow Legal Description / Owner's Certificate Notarial Certificate included? If deed indicates two owners, have both signed the plat? t----- Surveyor's Certificate, Surveyor's stamp All surveyed plats Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? �� (RE, SE, SPR, Final PUD, if Staff Approved) Planning Commission Certificate (USR's,COZ,) Board Certificate (USA's, COZ, Final PUD but not if it was Staff approved) *RE, SE&ZPMH,if Board approved. v. Typical Road Cross Section If a COZ, Final PUD 4/71— Easements If Final PUD 4//j Please return the A1/I plat to David Lucero within 24 hours of receiving the plat. Planner Signature: 41/ 611‘41)11/(1,al Date: 7// '2c) FIELD CHECK inspection date: June 8, 1999 CASE NUMBER: RE-2494 APPLICANT: Donald & Marie Winder LEGAL DESCRIPTION: Pt. E2 W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 66 and 1/4 mile west of Weld County Road 25 3/4 Zoning Land Use N A (Agricultural) N Agricultural / Residential / Ditch E A (Agricultural) E Agricultural / Residential / Dairy S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: Access is very long . Lot A is higher than rest of property with existing shed and grainery. �le/l,ADlrllr�l Sheri Lockman, Planner EXHIBIT I Le- DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I1555 N. 17th Avenue, Greeley, CO 80631 W� C Phone(970) 53-6100, Ext. 3540 Fax (970) 304-6498 COLORADO July 23, 1999 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 2494 and RE-2503 Dear Commissioners: Mr. Ed Orr has requested two Recorded Exemptions to occur in part of Section 19, Township 6, Ranges 66. The Recorded Exemptions are located on contiguous 95 and 80 acre parcels. The parcels are located north of and adjacent to Weld County Road 66, 1/4 mile west of the Weld County Road 25 3/4 and 1/4 mile south of State Highway 392. Planning staff has found that the applications do not comply with Section 11.8.7 of the Weld County Subdivision Ordinance. For this reason we are requesting these cases be reviewed by the Board of County Commissioners. Staff has the following concerns: 1. The applicant has not demonstrated that these applications are consistent with efficient and orderly development. These proposals would create three lots with "island lot" configuration. 2. The proposals do not take into account the interests of the future owners, who will be responsible for acquiring any utilities that do not exist and the upkeep of the existing accesses. 3. Planning Staff does not consider the proposed configuration to be the best alternative to preserve agricultural land and promote its most productive agrarian use. Although this proposal locates Lot A in a non-productive area, Planning Staff concurs that other configurations using the entire contiguous land owned by the applicant will be more effective in 992010 preserving the agricultural land and not negatively impacting the irrigation system. 4. Section 11.8.7 of the Weld County Subdivision Ordinance states " The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 1.3 and 11.2.1 of this Ordinance." At the time this application was submitted this parcel was included in a 345 acre parcel owned by the Winder Trust. Four parcels have already been created with a possibility of nine using the recorded exemption and subdivision exemption processes. Planning Staff concurs that the intent of the recorded exemption process has been evaded by creating multiple lots without utilizing the subdivision process. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Sincerely, Jut.k/sit Sheri Lockman Planner DEPARTMENT OF PLANNING SERVICES ‘1M)3 Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 111k. COLORADO July 23, 1999 Ed Orr 826 9th St. Greeley, CO 80631 Subject: RE-2503 and RE-2494 Legal Description: Part of Section 19, T6N, R 66 W of the 6th P.M., Weld County, Colorado Dear Mr. Orr: This letter is to inform you that the above referenced Recorded Exemptions have been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 11.4.2.1 through 11.4.2.6. These applications are scheduled before the Board of County Commissioners on August 9, 1999 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. Encluded you will find a copy of Planning Staffs' Administrative Review. Please read this carefully. Should the Board of County Commissioners approve your proposal you will be asked if you are in agreement with the conditions attached. If you need any further information, please feel free to contact me at the above address or telephone number. Sincerely, Cyk`/aii Shed Lockman Planner CC: Tomm Owens EXHIBIT 1 3 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO July 23, 1999 Tomm Owens 17746 WCR 29 Platteville, CO 80651 Subject: RE-2503 and RE-2494 Legal Description: Part of Section 19, T6N, R 66 W of the 6th P.M., Weld County, Colorado Dear Mr. Owens: This letter is to inform you that the above referenced Recorded Exemptions have been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 11.4.2.1 through 11.4.2.6. These applications are scheduled before the Board of County Commissioners on August 9, 1999 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available twenty-four hours prior to the public hearing. Included you will find a copy of Planning Staffs' Administrative Review. Please read this carefully. Should the Board of County Commissioners approve your proposal you will be asked if you are in agreement with the conditions attached. If you need any further information, please feel free to contact me at the above address or telephone number. Sincerely, 4 Sheri Lockman Planner CC: Ed Orr • • DEPARTMENT OF PLANNING SERVICES 4i1 1555 N. 17th Avenue Greele0, O 80631 0 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 C. COLORADO May 4, 1999 Donald & Marie Winder c/o Tomm Owens 826 9th Street Greeley, CO 80631 Subject: RE-2494 -The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Owens: Your recorded exemption application is being processed. 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the The City of Greeley, Town of Severance, and the Town of Windsor Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the The City of Greeley, Town of Severance, and the Town of Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call The City of Greeley at(970)350-9780, the Town of Severance at(970)686-1218, and the Town of Windsor at (970)686- 7476, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Likiimi Sheri Lockman Planner APPLICATION � � • • APPLICATION FLOW SHEET COLORADO APPLICANT: Donald & Marie Winder CASE #: RE-2494 REQUEST: Recorded Exemption LEGAL: E2 W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, CO. LOCATION: North of and adjacent to WCR 66 West of WCR 27 PARCEL ID #: 0805 19 000003 ACRES: 95 Date By Application Received 4/26/1999 JAC Application Completed 4/29/1999 SL Referrals listed 4/29/1999 SL Design Review Meeting (PUD) File assembled S,.h9 (J / , Letter to applicant mailed 51519C/ ��n i' Vicinity map prepared (J , " Referrals mailed Chaindexed S 13MCI � Field check by DPS staff J/ rn 9 Administrative Review decision: Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: /7 077,1-td I / (8-797q9 CC resolution eceived Recorded on maps and filed 2 cjx Overlay Districts Zoning Agricultural Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No x Panel#0802660806 C OARTMENT OF PLANNING SERVICES • Weld County Admini, ve Offices, 1400 N. 17th Avenue, Greelelorado 80631 Phone k:-.) 0) 353-6100, Ext. 3540 - Fax# (970) 352-r7)., i2 APPLICATION FOR RECORDED EXEMPTION ' Application Fee 19c � O0 Receipt Number `,74p('3 Case Number On'ng0egt Recording Fee // eV Receipt Number s 3 Zoning District Q\a Application Checked By 6�L Planner Assigned to CagtOu TO BE COMPLETED BY APPLICANT: (Print or type only except for required signature `Z— *09I (we), the undersigned hereby request that the following described property be design �l.� tp exemption by the Weld County Board of County Commissioners. /, 66 Legal Description:"' EY 1,14. SteTLNZ� W Total Acreage: `S Zoning /16- Parcel Number: aa_f2 I 9 Qc2 c2C2 s23 (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it anysther property since August 30, 1972? Yes No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes V No Does the parcel of land under consi eration lie in any of the foing Overlay Districts? / Flood Hazard: Yes_ No ; Airport: Yes_ No Geological Hazard: Yes No 1 FEE OWNERS OF PROPERTY Name: L\iJY1�%t I 'y�IC Yl t I✓1a6C V Home Phone# — Work Phone# Address: City/State/Zip Code (Abtsx+r Phone# �/— F1777 Applicant or Authorized Agent: /onionO[OanS Address: 1 to c1TM ST City/State/Zip Code Gee-City Co Ob./ Name: 66 Q R,Z IAPPLIGm+r, Home Phone* Work Phone# 5,17-8771 Address: g?310 ein' sr City/State/Zip Code �',YGGlc1 Co 50631 Larger Parcel Smaller Parcel Ci, C1S=/72 -,PJ- 2r. Water Source / Type of Sewer St�'nC Sc^c�T1C T A - c' t( e' Proposed Use AL &M11 REFSike Acreage a `J ExYisting oDwellings sr No N27 Aran, 4,7- A - 17d 7 Existing Dwellings Address (if applicable): Larger Parcel Smaller Pan Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with the best of my knowledge. ir\es)......(.... )Rev: 1-27-97 Sig : Owne rized Agent EXHIBIT 1 5 -_ • April21, 1999 Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Recorded Exemption To Whom It May Concern: As of the application date, the applicant is not in fee ownership of the property. He has a binding real estate contractual interest in the property. He will be in fee ownership prior to the estimated completion date of this recorded exemption and he requests that the Weld County Planning Department proceed to expedite the process. Documentation of ownership will be presented to the Planner for this project as soon as it is available. Thank you. neWl Tomm Owens 4 TO/elh 'Let us help you put your brand on a ranch or farm ,ktn, by co ran r 846 9th street Greeley,Colorado 80631 x / / bus (070)351-8777 f lux (970)351-7851 RECORDED EXEMPTION QUESTIONNAIRE ANSWERS 1. A letter of service availability from North Weld County Water District is included in this application. Lot A of the proposed recorded exemption will not have any irrigation water rights. All irrigation water will remain on Lot B. 2. Lot A is an abandoned homestead without a permitted septic. The Applicant will apply for a permit and inspection and Lot B will comply with all of the Weld County Health Department requirements for adequate sewage disposal. 3. The 95 acres are currently being farmed by a tenant farmer that Is having to move irrigated water from other farms to this parcel to have adequate water. There is an existing irrigation well on the property that is adjudicated for 350 g.p.m. Proposed Lot A is the site of the old homestead; there is electricity, outbuildings and graineries located on the 5 acre parcel. Lot B has been cultivated farm ground, but with only limited water, it cannot be considered prime farm ground. 4. Application for this recorded exemption is to enable the owner to create a five acre home site from a non-productive corner. Lot B's production has yet to be determined due to the lack of irrigation water. Lot A will provide a small acreage for a young 4-H or FFA family to raise their project. 5. The proposed Lot A will be approximately five acres located in the northeast corner of the property. Currently this area is where the original homestead is located. The Lot A dimensions were determined by the amount of unfarmable land around the homestead. 6. The proposed Lot A will be between the Greeley #2 Canal and the existing cement irrigation ditch. This will in no way inhibit the use of the farm. 7. The proposed Lot B will initially be vacant land so there are no setback requirements to be met. The proposed Lot A is the original homestead area. The home has been demolished, but the electric meter and other improvements are located on the 5 acre parcel and all Weld County permits will be applied for before any new construction can be done. 8. Applicant is not willing, at this time, to place a conservation easement on the property. 9. Applicant does not feel any building envelope would be necessary on either parcel. Lot A is small enough that is would not matter and Lot B is farm ground and a building envelope could hinder any future uses.. 10. Both proposed lots are compatible with the surrounding land uses. All of the properties north, east and west of this parcel are 80 acres to 120 acre farms, with some of the homesteads and corners exempted. There are five small agricultural properties ranging in size from five acres to twenty acres on the south side of Weld County Road 66, ' mile west of the property.. 11. Same as #10. 12. Applicant has the full intention for the two proposed lots to remain consistent with the Zoning Ordinance and the Weld County Comprehensive Plan, just as they have in the past. 13. The applicant has considered all sixteen points of Section 1.3 of the Weld County Subdivision Ordinance and it appears that this proposal will in no way be inconsistent with the ordinance. This proposal is not intended to circumvent any subdivision or Zoning Ordinance and is designed to fully comply with the Weld County Comprehensive Plan. BOARD OF DIRECTORSr NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON �`• ERNEST ROSS HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY * M �' CHARLES ACHZIGER ? t�t�'i 4 DON POSSELT, MGR. ROBERT ARNBRECHT n� ew=-__ P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 April 16, 1999 Tom Owen 826 9th Street Greeley Co 80631 RE: Water Service This letter is in response to your inquiry regarding water service to the following described property. . SW '/., 19-6-66 1. Water Service is presently being provided to the above-described property. 2. ✓ iQP�,f Water Service can be made available to the above described property provided all requirements of the District are satisfied. Comments: 3. North Weld County Water District can provide water service to the above mentioned property with approximately feet of line extension. Comments: If contracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional Comments: Sincerely, Don Posselt, Manager North Weld County Water District • COLORADO DWR - WELL DATA Applicant: WINDER DONALD Receipt No 9062605 Permit 19389R Address: RT 2 BX 288 GREELEY CO 80631 Well Location: T6N,R66W Sec 19 SESW PM=S Division 1 WD 03 County: WELD Yield(GPM) : 350.00 DEPTH(FT) : 36 WATER LEVEL(FT) : 14 Uses: IRRIGATION COLORADO DIVISION OF WATER RESOURCES - 04/19/99 • • REFERRALS W/O COMMENTS • REFERRAL LIST • NAME: Donald& Marie Winder CASE NUMBER: RE-2494 REFERRALS SENT: May 4, 1999 REFERRALS TO BE RECEIVED BY: May 21, 1999 COUNTY TOWNS and CITIES Attorney Ault _X_Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton Public Works:_X_Don Carroll Ron Broda Erie Housing Authority _Evans Airport Authority Firestone _Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _X_Greeley'' Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie _X_East of I-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 _X_Severance----- Galeton F-6 Thornton Hudson F-7 _X_Windsor— Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration _X_Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Cob. Water Conservancy Dist. _X_Greeley Panhandle Eastern Pipe Line Co. Longmont _X_School District RE-5J West Adams Ginny Shaw(MUD) Ditch Company COMMISSION/BOARD MEMBER EXHIBIT 1 5 ! i Kitti4; Weld County Referral C. May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date :•Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax EXHIBIT 1 6 05/07/1999 07: 19 970-586- 3 WINDSOR/SEV. F.P.D. PAGE 01 • rat '61+........N.IIA Weld County Referral . Iiiipt May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald &Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado_ Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above fisted date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions \ regarding the application, please call the Planner associated with the request. \ CI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan . \\\21 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signat tF i,, ,,, '7- I4 Agency L ,icy,_St at parr J;a s � .Qxr As/. Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 O(970)353-6100 ext.3540 4(970)304-8498 fax EXHIBIT 05/07/99 07:33 TX/RX NO.5661 P.001 May 20 99 1O: 29a Division of Wildlife 1 -970-352-2143 P. 7 Weld County Referral ' O May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald&Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19,T6N, R66W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. CI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan .14 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature L . + 0�5 S(II)S \ Agency �lvslo� o l.JItdIA( Date *Weld County Planning Dept. 41555 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304.6498 fax EXHIBIT 1 05/20/99 09:37 TX/RX NO.5901 P.007 Referral Wilk(7.1;t( ‘---........) Weld County May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 • Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. • • Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑�/tye have reviewed the request and find that it does/does not comply with our Comprehensive Plan rl We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: P - n 004- 1 ok ail (4^ Signature 1)1/10,h)1/4/3, ` �� 6- (0 ,I 9 Agency ) Date •:•Weld County Planning Dept. •>1555 N. 17th Ave. Greeley, CO. 80631 •'x(970)353-6100 ext.3540 •'x(970)304-6498 fax EXHIBIT 1 0 • . I r`ek`Ar7 att & Weld County Planning Dept. illikJUN 08 1999 Weld County Referral RECEIVED May4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 t. Please Reply By May 21, 1999 Planner Sheri Lockman x Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Zr We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ) .2(s1T1 Agency -5G/a Date Meld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax EXHIBIT I l0 REFERRALS W/COMMENTS • • IAirpId County Referral wold County Planning JUN 17 1999 May 4, 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ .We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature L CINtt.t / Agency —7-3w.v or ---'<,:are.rirl= e •:•Weld County Planning Dept. ••1555 N. 17th Ave. Greeley,CO.80631 •'?(970)353-6100 ext.3540 '•(970)304-6498 fax EXHIBIT TOWN OF . , • !- Weld County Planning Dept. JUN 17 1999 June 10, 1999 RECEIVED Ms. Sheri Lockman, Planner VIA FACSIMILE AND WELD COUNTY DEPARTMENT OF FIRST_CLASS MAIL PLANNING SERVICES 1555 North 17th Avenue Greeley, Colorado 80631 RE: Weld County Referrals RE-2494 and RE-2503 Dear Ms. Lockman: The Town of Severance would like to formally lodge its concern regarding the aforementioned Referrals. Upon initial review it would appear that Mr. Orr intends to engage in some form of agricultural endeavor. However, closer study lends itself to determine a use which is non-consistent with agriculture. Additionally, it should be noted that these parcels comprise a total of 175 acres and are adjacent to each other. Further, these parcels are located at the edge of the Town's urban growth boundary, and non-incorporated development within this area would have adverse effects on the future growth of Severance. Accordingly, the Town of Severance recommends the above referenced Recorded Exemptions not be approved. If you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, TOWN OF SEVERANCE BOARD OF TRUSTEES BOT/njm 336 1st Street•P.O. Box 122•Severance, Colorado 80546•ph 970.686.1218•fax 970.686.6250 62 ssSo J�v�e ��°��<Weld County Referral C. i C�i May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, c Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan -❑ We have reviewed the request and find no conflicts with our interests. L3 See attached letter. Comments: Signature c-( 3 _57 Agency C /-+5 0(6,1e49 P i� aeccxh ent Date (*Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO.80631 :•(970)353-6100 ext.3540 4(970)304-6498 fax • EXHIBIT • • OFFICE OF COMMUNITY DEVELOPMENT Ctty of 1100 10TH STREET, GREELEY, COLORADO 80631 (970)350-9780 FAX(970)350-9800, Greeley May 13, 1999 Sheri Lockman Weld County Department of Planning Services 1555 N. 17's Avenue Greeley, CO 80631 Subject: RE-2494, Donald & Marie Winder Dear Ms. Lockman: Thanks for the opportunity to review this recorded exemption. The City of Greeley Planning staff has reviewed the application for a recorded exemption from Donald &Marie Winder, located northwest of the intersection of WCR 66 and WCR 27 and wish to forward the following comments. Resolution 7, 1985 by the City of Greeley Planning Commission gave administrative review authority to the Greeley Planning staff for review of recorded exemptions (RE). The resolution indicates we cannot recommend approval on any application where the overall gross density exceeds one dwelling unit per 20 acres outside the 2010 growth ring. Since this application creates two buildable lots through the exemption process on a 95 acre parcel, we can recommend approval of the request based on Resolution 7. The Greeley Public Works Department noted a reservation of a minimum of 50' of right-of-way from the centerline of WCR 66 and WCR 27 would be appropriate to facilitate future development of this area if the proposal is approved. Also, the appropriate setbacks under the applicable zone should also be maintained within the subdivision. Sincerely, l C J Michael Whitley Planner I J ri 11:Le.****%; MAY 0 6 1499 Weld Count "'1�efarra . WIIDc. May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman • Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, • Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 Parcel Number 0805 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ve have reviewed the request and find no conflicts with our interests. ee attached letter. Comments: Signature cew c&C) V' 517494 Agency -f 4) el' (At -Serf. Date :•Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax EXHIBIT 1 / 3 WINDSOR Town of Windsor 301 Walnut Street •Windsor; Colorado 80550 • 970-686-7476 • Fax-: 970-686-7180 COLO May 20, 1999 Weld County Planning Dept. Sheri Lockman, Planner N\A'( 2 P 1999 Weld County Dept. of Planning Services 1400 N. 17tAvenue RECEIVED Greeley, Colorado 80631 Subject: RE-2494 Donald & Marie Winder Dear Ms. Lockman: The Town of Windsor Planning Commission has reviewed this request and recommends approval of this amended recorded exemption subject to the following requirements: Dedication of additional right-of-way along the entire length of the south property boundary to bring the north half of WCR 66 up to the County Arterial standard of fifty feet (50')from centerline (one hundred feet (100')total). Thank you for the opportunity to review this proposal. Sincerely, ccht.5-(Scictfijr— Scott Ballstadt Senior Planner Weld County Planning Dept. 1 1999 RECEIVED pc: Ed Orr, applicant Robert G. Frank, Chairman, Windsor Planning Commission • • Item No.3b TO: Windsor Planning Commission FROM: Scott Ballstadt, Senior Planners, VIA: Joseph P.Plummer,AICP,Director of Plannin DATE: May 12, 1999 SUBJECT: WELD COUNTY REFERRAL—RECORDED EXEMPTION -DONALD &MARIE WINDER LOCATION: North of and adjacent to Weld County Road 66&approximately'/4 mile west of Weld County Road 27 LAND USE PLAN DEPICTION: Community Separator RECOMMENDATION: Recommend approval of the recorded exemption to the Weld County Department of Planning Services. DISCUSSION: The applicants, Donald and Marie Winder, are requesting approval of a recorded exemption in order to create a new home site. The recorded exemption will result in two parcels: the five acre home site (Lot A)and the remaining 90 acres(Lot B). The subject property is located within the Town's Community Influence Area and is depicted as Community Separator on the Town's Land Use Plan map. The Windsor Comprehensive Plan states that Community Separators provide for areas of open space which "...generally have little or no development, with the exception of agricultural activities...". The application materials indicate that Lot B is currently being used for agricultural production and that the irrigation water is to remain with Lot B. Therefore, the proposed recorded exemption is consistent with the Town's Land Use Plan map. The subject property is not included on the Town's Circulation and Transportation Plan Map, however, WCR 66 is classified as a Rural Minor Arterial at Eastman Park Drive as far east as the Kodak complex. This being the case, staff recommends approval of this recorded exemption subject to the following requirement: Dedication of additional right-of-way along the entire length of the south property boundary to bring the north half of WCR 66 up to the County Arterial standard of fifty feet(50') from centerline(one hundred feet(100')total). Additionally,it is staff's understanding that the Weld County Subdivision Ordinance discourages the creation of flag lot configurations. pc: Donald&Marie Winder, Applicants Sheri Lockman,Weld County Planner MEMORANDUM TO: Sheri Lockman DATE: May 18, 1999 CFROM:Sheble McConnellogu e,Environmental Health Services • COLORADO SUBJECT: Winder, Donald & Marie CASE: RE-2494 Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located on Lot A. 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. sm/369 ,Held County Planning Dept. ;x,99 RECEIVED EXHIBIT • Pitt 14;:*** MEMORAN! UM TO: Sheri Lockman, Planner DATE: May 11, 1999 ' O FROM: Donald Carroll, Engineering Administrator It C� SUBJECT: RE-2494; Donald and Marie Winder COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 66 is designated on the Transportation Plan Map as a local gravel road which require 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: In accordance with Section 10.5.10 of the Weld County subdivision Ordinance (Ordinance 173, as amended), the flag lot configuration will be avoided where possible. The minimum width of a flag lot shall be 30 feet. (Lot A) The right-of-way or easement shall be a graded and drained road to provide all weather access. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. cc: RE-2494 plan2l "eta d Ccunfy f lannlra t; ,t. t' 4Y7 , 1999 E CEI vED EXHIBIT a ). , RECEPrir if 0 47elt MAY 0 6 1999 WELL; O h f v PUBLIC WORKS G•'S:F' I Weld County Referral C. May 4, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Marie Winder Case Number RE-2494 Please Reply By May 21, 1999 Planner Sheri Lockman Project Recorded Exemption Legal The E2 of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 66 west of Weld County Road 27 • Parcel Number 0805 19000003 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan • U We have reviewed the request and find no conflicts with our interests. `P See attached letter. Comments: Signature II Utl4' 21 5- u_ q 9 Agency 9 ()y �> Date L•Weld County Planning Dept. -1555 N. 17th Ave. Greeley. CO.80631 +(970)353-6100 ext.3540 4x(970)304-6498 fax MAPS 0 I qi ii. ti I 00 ik tilt 1E l d' cc l Ill 1 1 CYiii Icii N Q4 I 13 Iii CC)P^ I 5b'52 Xalt 1 W Qi f----- I COO t IHi r: r rr")� . 7 o Ili w c 1 mn 1J Cari iN ro � O r a N r7 � : Co _ _ _ r CC Q li CC 0 ''N N di r� EXHIBIT /( Total Contiguo, Land Ownership as oMay 4, 1999 ..rem.. , 51 x. 1/.cox. \6 seism COLORADO STATE HIGHWAY NO. 382 �IB'z�9�le� 19-6— e — — -- — — \ 51.1519 p \\\N9'x5-66 /� 10374/� 1916.]1��_ _ e 1 '•Bz].m' bn�CL.3'wm.cu c vin°Iw -- a 44 C..St..oi9..y,•352 (y�9,Im�, 5yu6n./1119N el'xry Un. 74—F.i.1.. u�� e Cdc 9W. WI w /s.1 4 Pone 156 0 L54 Z II 0 II m PARCEL D d o PARCEL� ps co O 83.84± AC.SiI I (Gross) I SI (Caul W q Im s C- 11E UP f.1.Jn9 9..e— R6B6R y o L” L�° a =ED m PI z "" ...35 Lae u. ` a I 50 411 u9 ul • ux II! LO Er L50 Lm L.6 • VI L39 L1] 13] Lx�I u x° LIB F. SI u. Lu ue3 NB. 2 Conol i°ue 42 1 / ^` u I �' h� • L I ul I'N' M1 Q/u'1 a GI.u,9 Pam\ —mod— 44 LI° tit: iI 51,1 -44-4 0/ r/ 6 'j N OSA I" I// UN a uw•J. 0 gIrn PARCEL B 1"3 • gI 1 80.54± AC. Z \ (Crass) N. 11 C' ' 'll PARCEL C 3 .0 PARCEL #5 9205± AC.. N l (Cross) III (0/1 1187•00:24-E4 Cx 1/le c°R. 9-6-66 )11 et I ed. 1r 171-97-00:24t ]63.91 1557.10 / I ,- r.) C. l/.COW. Ni J a w.-S EOR' N87'00'24"E 16.4-66 19-6-66 Sr{5415 um,.(5#less')—/ -.4° 12461.1 1 PARCEL #6 . cry m96Tx W966w BwOw 1/0I (Gul 1/.Sv ° Slv 999 8 Ls Inv Z C \I$x°865 0 IF. N U M M f n N8T00"24"E 800.03' I Gu154 6..9J L7 PARCEL /}2 Z••••6 15•••gar:K 1.9.1 LL n1. h i I 2 2 PARCEL A ^ N 88.73± AC. (cross) I W n. I cN I •to Ia .e er o.nu m.ni.B i v.'w.. r M.m aa as town 55#55 IF➢'4 'Hoar me e. /J nwe•" 69 Cw^n INS 46 x.x 39m� wy -- L"-:--:" �193].66 _ _ 1509.64' __�a69T3_5_ -�- --N86'56'4Z"E____ ___--_—_ s.1/.caR.7."II --Ne6'5T13"E--- �Y\----- Brw aw\ 9-b-fie 755.23' s,L.C°R, N.Ra.eNowx9xC WELD COUNTY ROAD NO. BB _ \I /w5�..x 19-6—se / . 'Ll vl6 Do 1 ( 5x51519 w.I/16 EOR.— ( I S]o �1 • •/ ...,e.,. I s a �9 ) S11!91° COLORADO STATE HIGHWAY NO. 392— \s'i°uri'/� i°—e"6^ 22412111i / \ Nye COX. '999 _ 19-5-68 \ t"" 191B.S1' _ _ __— 111 i Nz n ns 3 -owH.e aiMl.1 Warn. III a \\ DUG on ren a ma 9bu xy,.e.A92 r n owN.M Waal at Rey LS. c.6fin,0.wn IIE 13 GI.9X1.Highway Y192 Z u a u z o mco PARCEL D d PARCEL 3 83.84± AC. II m (Grass) a •� 10......o. Is' Ii II I— _ up:, ue ue El.wg sous=l1 '9EV➢ o 02 III p '11•uvx' m— W lq us ug a 'arm L4 ayl ue . I� L4 u: ul L2E F I K C 2 LWI u8 u1 U2 L9 us aI yo ue fr. 1 u\ w— Lg. us u3 No. 2 Canal i9 Is 1 7sy 2 \ / / /I V_22291 us EVNIW Puag` —“4 uo, A^Ft. �_� // - *R� Is u ll/( r �° - \JNI j RE-2503 i • I v o PARCEL IC 3 tE iro PARCEL # 9205₹ AC.. m ` vu n lu.ul(Gross) c 10 a c L V a?F MB>34.0.F CW 1/f6 COP. 19-5-6B _ to 4 �f p it°°gi _ , N079d1— 601.26' L NB2ro0'2sE 181.%' H. Ye.IH CaP. 13fl4J �— 1557.70• v c. I/a can. 19-6—ee 1 p r m 6700.24"_ h e / _10.m. �z 19-s—°6 Sat Re 5 mbar(30'tarp)an'"Tel" aaaslaw. moms m I PARCEL #6 .nvn 74527%;6221 .reW 6v°w left a.tame. 1/a 5191 Ego I99 ID \ I g3 LS 1237. Z a I \.5 30m O 121 Q • 4 N a H O 11 .p5T'OU LY L uVu.L/J 11 .mlmg nose--.P`V PARCEL #2 a y n k o I O 111, Z - 1 RE-2494 N w m a . e.. n.neln Z unknown)wiu 2 1/."u Z manna Itnevn by.. in ma.box YN IS k spit INC ,,°X519 J\I /t\A1/4 9.0 o'CwMv 199e Pess a,.at Wq-1194 _130. Z.___ I nape aiml d.. —Ieszse_--__aaparent 301 Courtly __— 30,001 156 It ___-7---- -- ______—__ --X86'56.42••5_____ X88'5773" __ _ .YE.z nr INC -5. 1/g COP. 9-a-fib ,-J 756.23• 11111 seaw\ "1J re 9`-Os /x`�"E 1612 X\` WELD COUNTY ROAD NO. 88 /1°}230 /I E2si S30 f . f •.,1,a C CR.. ( Ie.. )zsis3o • • r6x .—N. 1/4 COR. r slmsle a COLORADO STATE HIGHWAY NO. 392— 1m 1ivu 9-6-6e sv r.a : - - NW CO. 1999 3.van coo„Ato HI H H3 H, L a1JC.ue PIµt ol Woo n. VI��/Ollcn m Top e 04"311411..7 9591 tltltltlp swaps 11103 el Way un. .9 Reea ur� el Caw 9 1917407/39] '3ro L50 Z h N V co Access PARCEL P m C. 0, PARCEL #3 m (Cross) I E I I W Lot A I 5 acres MAR10 41 0 110 US L" 6"t'"5505 > o L32 m I ED cn Z Lb u. C] nm m wl ue 441 1 ? I I 10 n ` 412 Lee L4a L.6 L,, ] 1]I MH7 {3] ]L11e1 II: 1411 O Lle( WI i 'Le-- u. '° L44 L" U' No. 2 COIld 9 e Li\ 11/ 111 .�_---- 9 Road �� Lot A ---._-> /i Le a 5 acres II IN la 'r \ v 1111 N ^ N RE-2503 "4 I to LA PARCEL C 3 Lot B o PARCEL ,y5 9206( AC.. N...l (Gross) F, 75 acres 40 N N VI m x0)34434.E --- CW I/16 COR. - _ 9-6-es LO NB]W'14'E 801.]8' h � NB]'p0'34'E ]05.91' / Sr 1/4 caw —�--�—N8T00•24 E 1557.10' 1" c 1;4 CDR, w19-9-6fi 1 1\ -" gi.AP I —]O.0!' .9-6-05 II I \` sit x14 a pea 1r dia x5P 1.1111 n°W, 6 3' maxAto16 7411 2 moor..as oar.p.er.UM I C m <w memrod d morn pole. PIT. epLnu IPARCEL 1¢'fi z]wL Phew ex Pa6w I .c(Oron) 4519 e1 5]O 119 cw 1e n. 'AI 99] LS 11]]4/ Z Z Y LS OBe5 0 N v m -•le/ Access G m rn 47.5 ISMIMIIIIrre unw Reed CI PARCEL #2 I d1e11ne•14.4.-1 a I il 1 I 5 _ RE-2494 N W a `ro I4 -- b Lot B 90 acres " °"w'°�°L" RAE, N\ 1 i 159 5005 1 1/4o i 72 .or4n4m c..mr �Lenu11135 i w%L. --- p__ -_Lf_� ---- ,E,„ �.1 1 _1e3199'�— _-- ------------------------------�— _____ Sly _0i90/44-005. NBe'5T13"E--- oa1J r 756.23 "C R� -L 4 11lxo ' 4 009 Reeve\ 6 / \ WELD COUNTY ROAD NO. 88 I 8p 5]41519 £I t1/I6_V r \ I/14+130 1mR / sss vo Planni. Staffs' Recommenccion 9�a LL \ $19 N. I/1COP. 3IS• i:1° COLORADO STATE HIGHWAY NO. 392 Ls°mu 19—°-be \� Si•I9 — — Nw COW 1— __ - 19-6-96 7\ .13]. —_ 3918.]1 — {!! H 6711]11'96_ 11 :927.07 _ _ _ _ x9 11 3'w.G.vn• HI I H H3 N. —South SMohl gRWm 1]93 Je\� /0i an q a all. WI N. 109.1 of Way -. , Coe,Rood a a1 • �� N.Stow WSn•q N9x I Z iry I N 159 o a 1 A r o - PARCEL D m PARCEL#3 83.84* AC. I. m (Crass) f I W Ul Raw ul B up 'is '5 En,Row— I R A 0 U9 O MAR°° m I Z Lw ue us u. CO u li ill _ u3 .190 L. M 7.0 9�Ur Lz9 �] 7.33 ,yi e u.o L "° us u3 No. 2 Canal ue. I m Lx\ 4 W of Lw�" pus . IL \ �1===na ^.L 1+1 `��//// 4� i.xp Coed �e 7.10 4, ,t. // // p:‘'/I cc v Co u% 3 • i. 3Lot Recorded Exemption J„& . m • 11 3 f PARCEL C PARCEL #5 920os AC.. c 1 of (Gross) Lot lI ro C a 5 N III/ 13.1 DI xelr4.0W rn I/re OCR. 19-5-86 -I _-413 I n 1 _ ]63,p1' N6]9Y21"E 681]6' 1 Ne]V O'3>E / a V.caR. •�'°3 1557.10 r c. 1;•coF.J wr9-6-+e r 1� r� N WWI.' J —]aor m-s-e6 -N 2 Iar m u!° b''9) u".ur AC Nm I' •e •ew • e.Ie.. *IMR', I PARCEL #6 R55w 05.-N ( 6l /I6 p /45191$1a 1 I 619 N 999 u - \ 1991 Ls 1r37 // Z B \�1a 1 u d i HI III h I N E'"""^"•m JI PARCEL #2 Om,Rw. son Ac hr, Pi O R I o iI z w m N (de Pl O — rFRn raw m )•n 3 '/�'M uth Z M m sham •0 Q to w v I W R/AC r4 INCi �' o Building / ex C A 7.,o 5W J J Envelope LS 7247 III LSa.ao. — — If R.°m wv+°•1 v:.° —I637,6e�_— _ 42 E----_7 69. 9_-- 1 r7. --�NeeaTsa'E_— _---__ ----_N ��' — --------- E.+/•C06. N68'57'13"E-- MOW a I9-6-68 mJ 756.23' SW coRxa�Rf -- _ — j .ex aeew4C 19-6—R6 / r. WELD COUNTY ROAD NO. 66 I(\ I ss5 Sla 1 r/1°-I-SSo 1 1 2 r W I/16 COP. sex electric le mew ANAL 5o,cd oJ, m t GMcnej A Ppgoy t9v+snA4 5At. bcmLSnc tN cu. IopoT hF yY7a 1...' wwN W ti. p Ih Z 1 0 ske I � ?roQoSc \ or3 w APP oa{ 96gc IM ,r1 04' Y r«�Sanaa I w c.tl _/{EXISi-IMe I FY4S INb Acc ESC ALL-LAS W C 65 6 EXHIBIT / 7 lid File # RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET 4 Weld County Public Works Department . Date: -2 I - 5�] 933 North 11th Avenue,P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970) 352-2868 1. Applicant Name t o O RD_ Phone 351. 87 7 7 Address 814 Clm s r City GYGI.{C Stateto Zip is a'i 2. Address or loc lion of access_ y'I mile l4ebT of tuck 4,+ `•' taco- Is I Section 19 Township e AI Range bb W Subdivision w/d. / Block — ,%ot ._ Weld County Road # 6i. Side of Road N Distance from nearest intersection lel ,n 11 c. 3. Is there an existing access to the property? Yes ✓ No #of accesses 2 (1 per Lert, 4. Proposed Use: ❑ Permanent El Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch uGY Legend for Access Description: AG= Agricultural , S��r , RES = Residential 35 Z O&G= Oil& Gas ALcamuiDO D.R. = Ditch Road r AS A�+ At. 46 vg Psis 6$Isnnt, Aces ***********************************************************:*********************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 Local Area Map' , MAP19 R 66 W JOINS MAP 9 ,a \ �AGMa•• Gmc[RsEN ' w,:%:x KCEiiLEP •pert w2 .MvsrnntNu '\ ^ ° HAYTHORN ,. wnvNE4.Brv5,uK. Bn«m:� Inn hN i '^^} _ ORO5. ;.AS JAPERe THOMA55. m wnH nPNSs•t «'�71� - i. ' ^rteSUUwY' DI'OYNE �•.. -- TED un :.�o; a etoRGYi e: -ilin ow E.B m P, n . HAZEL M. 13 Mucu L. SHERI L. ...woo. u Ya Ya*J . nu EDWARD a OW„ rGPA6,INC. -.n r1 Ls SEVERIN -- MABEL CARLSDN .00. oIII•� 3uso .as a CO LAUR4 A. SCHNORR zlig maP GILL ..,. ❑ Yw rz cmc THOMAS GB prow,I. LESTER E B FOHI JOHN A.EL .Rain.H BERTHA I• . NEANBKFI Apt. lx•PB EISENACH HENRY NHL BEVERLY 'R•'E^^ YHERRIIa P. ANDERSON, M,wta• RUSSELLLEFFLER �^ mR• :CRnFFfH iPDsrtL __-.o.A rARREstr HNC / LEFFLER SJ FMM LIC ' ..� HHANIA �. A,rHn u Ix«wA N USA- NRNS.NL qY nAlan Y.H.IRNP Y.RRNIN —� � 'I I 2 j HMTn�N L.B � NDRw£5T RNIN I wr�I•ra :5: r nir..rG.AIR EHRE{D BPILIInDD 4 B Er'EPCTI I.[MnH JRA ,rMIwCI+ „�• Mr1JEAP Y• ,> a MCCLEY OTTDSON WNO n.RAn v AURCP50N NnvE C F ORCAIN .MI INOISCAOLE COvqr wAnO �•"•^'^ CANF[XTER C.I MDNTCRA Ct?..OA , lli4EpBEPG HERGEAT CMT. •. m t• �. t• t T '\ ny ....,..,,. A 'SA, 1 nnrrcJ III i ti It Sc� ,? rURIRE .•r IMAM 'v PmooHot' r.n 3 FARMS _ "-�N WARD :-A— m«Yn �H-.6 le AY r tip Mtnr air H INC. I " ` IX G onosnx 8" vinHmJLIllanUAN (� ucvRO&EItO �'l:: 7�L• I� ii pPAAM Y \\\\w\' H cir ZCLE I I ul�r, I dif � B N PARA -MN �p Rwyua CD 4 ' l ti Alln a' VIN.J .Ae GR inn+v. r •I C DON. , • b I— Lirmnao „5 +; LEFFLER 9 a ja ..._ _m__. __ __ _ _ 19_ 2 21 n Zp asa r. n P n a' „ I- EMI. .B — -tA..{, JOHN D. o KNF `• ; ` s-^" :g LpllnN L`n• w pR. GERRY -II; 'GI; •n. r$$, _7((gg 3,,q4 `tu.,,.i A:PZ,i nip y SCHAEFER R A•• aN ? mF 8� 9n'2, �81 B8 IaT R9 ten; i11 2� S2 `iron �d SEELEY1J nl rj .�-,•JHt_L.1mJ m LINE JITM SUBJECT Ew n . _ x f'y.P T 1 BNMIrl ✓, ' F n nil a:im p'SAMARA n L PROPERTY , i ' a 1 •ei NIn na ^9oH- j41^ 'e oa 7%:: GwPr---- _ I .1 1• a' ve' 1 \ xea a.3 'a:A'S 'a.Zsr t 'Ii E1?. 8 3� f 2 9 IH;.-..� y, -2 7 ••• E a tin., 26--\ . 5 ••pp��'!�'!}}^� C; t: {y ow ,, RORER. E N PAN[ ,f91rORT( IM T.1. � 1i` •� •,C:ne IT NtAING R(Q IH a MNGnI[ 'J Y•PT CAIMAOO. .0.:: D. H } — Y.S —b�I JJ 4A 7 g.' ROBERT II. .. - • u,n ]r4 'NC ' F., " J .,'I °' .1;�I`I.I rfFti Or,.. 8i DROWN .^'. I•::jL •.^n' .I ., —1 —I _I ,... .. ... ' `I- r 'i It 1" :,E;. ...,.1:-C.C.... — N',� G'1 sin.. C D M T --IA• ,r.x, 1:� —IN WESTERN-MOBILE ^1 _ H B_ 1 AGGREGATES`i'-:•"• NNm•" NORTHERN INC. FLATIRONSAND 0 i s o,`rH'i,•rt,. • ,.ice LTD T n _ 'By \��5 GRAVEL '" . 1 2 3.' 63rd 1 .• 3BrM HH E�:y33 I". A• Vi. FMTWE : 5 1 CO^ n, .=�L . ae int �. 1/,/nHiuNE ro _ _IEOB c�� dx •`•7r^ -�•-�--H SUSIE A • JB ACRES -•'Mea.`'w•n, ^Ji PUTNAM ,wN, r.Nn, MB ACRESASCR �•' • F1PM MAIM r m• � .. .�..•,e...rn.r 'n .ASH L. JORR _ -HUM •R• - 25 T 29 31 JOINS MAP 24 33 35 3T DEED 1 111111 11111 111111 1111 11111111111 1111111111111111111 2691594 05/04/1999 1 11.00 D 30.00 A Suitt Tsukam 1 of 2 R oto WARRANTY DEED \�J/ THIS DEED, made this 30th day of April, 1999. by and between CRAIG !-544 HARRISON ("Grantor") , and ED ORR, whose mailing address is 826 9th Street Plaza, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee") . WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which ie hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantee, his heirs, personal representatives, and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property") . TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantee, his heirs, personal representatives, and assigns, forever. And Grantor, for himself and his heirs, personal representatives, and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the Property; has good, aura, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, except and subject to the following: 1. All easements and rights-of-way in place or of record. 2. All oil, gas, or other mineral 1 , reservations, or exceptions of record. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. All zoning and other governmental rules and regulations. 5. General property taxes for 1999 and all subsequent years. 6. Lease in which Daniel H. Stromberger and Cindy L. Stromberger are the Lessees, recorded April 6, 1999, under Reception No. 2685068 of the Weld County, Colorado records. Reservation of Minerals. Grantor hereby expressly excepts and reserves unto himself and his hairs, personal representatives, and assigns, forever, an undivided twenty-five percent (25%) of all oil, gas, hydrocarbons, and other minerals and mineral rights located in, on, or under the surface of the Property, together with the right of ingress and egress, for the purpose of mining, drilling, exploring, operating, developing, and removing same. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable p ion of Grantee, his heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed thi arranty Deed the day and year first above written. SON STATE OF COLORADO ss. COUNTY OF WELD RI{a(J oing instrument was acknowledged before me this 30th day of P•I!9 CRAIG HARRISON. WITNESS and and official seal..- ` DARELLA 1. n expires: I ) ��' . 15 'x" , fC/1f � 7,9 �, •��:�;•'... ^ ` I Notary Pub ict (HFaM 4/29/99) EXHIBIT / EXHIBIT "A' ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN CRAIG HARRISON ('GRANTOR") AND ED ORR ('GRANTEE') LEGAL DESCRIPTION OF THE PROPERTY That portion of the Beet Half of Section 19, Township 6 North, Range 66 West of the 6h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the North-South centerline of said Section 19 as bearing North 02°48'06" West and with all bearings contained herein relative thereto: BEGINNING at the Southeast corner of the Southwest Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48'06" West 3502.60 feet to a point on the North bank of the No. 2 Canal; thence departing said North-South centerline and along said North bank the following four (4) courses and distances: North 82°11'57" West 18.94 feet; North 76°31'52" West 58.22 feet; North 64°31'59" West 656.27 feet; South 82°29'43" West 26.02 feet; thence departing said North bank South 02°39'01" East 2227.06 feet; thence South 87°00'24" West 808.03 feet, more or less, to a point on the West line of the East Half of the Southwest Quarter of said Section 19; thence along said West line South 00°02'30" East 1610.13 feet, more or less, to the Southwest corner of the East Half of the Southwest Quarter of Section 19; thence along the South line of the East Half of the Southwest Quarter of said Section 19 North 86°56'42" East 1569.89 feet, more or less, to the Southeast corner of the Southwest Quarter of said Section 19 and the POINT OF BEGINNING. Name and Address of Person Creating Newly Created Legal Description (Section 38-35-106.5, C.R.S.) : Steven John Stencel Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 Street Address: Street Address no Assigned, Windsor, Colorado illlll 11111 9�1111111111 111ai�� 2 of 2 R 11.00 0 30.00 JA Suki T am°te (HFSN 4/29/99) - 2 - l %itllii Kt It im • 2691587 05/04/1999 04:10P Weld County CO Cj 1 of 3 R 16.00 D 0.00 JA Sukl Tsukasoto QUIT CLAIM DEED THIS DEED, made this 29 _ day of April, 1999, between PHILLIP C. TIGGES and PATRICIA A. SHADER, of the County of Weld, State of Colorado ("Grantors") , and CRAIG HARRISON, whose mailing address is 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525, of the County of Larimer, State of Colorado ("Grantee") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have remised, released, sold, conveyed, and quit claimed,_ and by these-presents- do-remise, release, sell, convey, and quit claim unto Grantee, his heirs, personal representatives, and assigns, forever, all the right, title, interest, claim, and demand which Grantors have in and to the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of Grantors, either in law or equity, to the only proper use, benefit, and behoof of Grantee, his heirs, personal representatives, and assigns, forever. IN WITNESS WHEREOF, Grantors have executed this Deed on the date set forth above. Or' PHIL� C. I PATRICIA A. SHADER `- STATE OF COLORADO BB. COUNTY OF WELD The foregoing instrument was acknowledged before me this �'b day of April, 1999, by PHILLIP C. TIGGES. S* my hand and official seal. My c sion expires: 5/(S OO /20 NRYARY • a- ^,,II tP: rVcat iJ Nota Public ` 0,O °B' COUNTY OF P 1�� ) The foregoing instrument was acknowledged before me this .9 day of April, 1999, by PATRICIA A. SHADER. WITNESS my hand and official seal. My commission expir66;. '{ItLI'O;Z kteof7A`tsi Notary Public (HF&M 4/28/99) • EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE QUIT CLAIM DEED BETWEEN PHILLIP C. TIGGES AND PATRICIA A . &HADER. ("GRANTGRD")- AND- CRAIG- HARRISON ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY Property Description No.3 That portion of Northeast Quarter of Section 19, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48'06"West 3502.60 feet, more or lees,to the approximate North Bank of the No. 2 Canal and the TRUE POINT OF BEGINNING;thence continuing along said Notth-South centerline North 02°48'06" West 1684.59 feet,more or less, to a point on the Southerly right of way line of Colorado State Highway No. 392; thence departing said North-South centerline and along said Southerly right of way line North 87°09'26"East 89.61 feet, more or less, to a point on thc Southerlyapproximate toe of slope of an existing irrigation ditch;thence departing said ou and distances of way Soutand 1 alo gsEad approximate g g4 toe of 19°20'490 the following four(4) courses South 27°05'19 ° ° 9 20-49- Lust 65.95 East 44.99 feet; South 36°50'42"East 91.39 feet;thence departing said approximate toe of slope South 00°1o'4S"West 1234.8t feet; more or less,to a point onapproximate North Bank of the No. 2 Canal;thence along said approximate North Bank the following four(4)courses and distances North 72°07'5T'West 44.40 feet; North 89°27'17"West 52.53 feet;South_88-°30'00"West 54;97 fpm,North 73'40'07" West 33.71 feet,more or less, to a point on the North-South centerline of said Section 19 and the TRUE POINT OF BEGINNING. The above described parcel contains 7.59 Acres, more or less, and is subject to all existing easements and/or rights of way of record. Property Description No.5 That portion of Northeast Quarter of Section 19,Township 6 North,Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48'06"West 2574.32 feet, more or less,to the Northwest corner of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING;thence continuing along said Nonh-South centerline North 02°48'06"West 928.28 feet,more or less,to the approximate.North.Bank of the No. 2 Canal;thence along said approximate North Bank the following four(4)courses and distances South 73°40'07"East 33.71 feet;North 88°30'00"East 54.97 feet; South 89°27'17"East 52.53 feet;South 72°07'57"East 44.40 feet; thence departing said approximate North Bank South 00°10'45"West 898.01 feet, more or less,to a point on the South line of the Northeast Quarter of said Section 19;thence along said South line South 87°00'24"West 134.08 feet to the Northwest corner of the Southeast Quarter of said Section 19 and_the_TRUE POINT OF BEGINNING; The-above-described parcel contains 3:31 Acres,more or less,and is subject to all existing easements and/or rights of way of record. Name and Address of Person Creating Newly Created Legal Description (Section 38-35-106.5, C.R.S.) : Rob Persichcitte Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 (HUM 4/28/99) 1 111111 11111 111111 IIII 111111 11111111111 III 11111 1111 III! - 2 - 2691587 05/04/1999 04:10P Weld County Co 2 of 3 R 16.00 D 0.00 JR Sukt Tsukaaoto • PAGE 2 TO EXHIBIT "A".TACHED TO AND MADE A PART OF THE CLAIM DEED BETWEEN PHILLIP C. TIGGES AND PATRICIA A. SHADER ("GRANTORS") AND CRAIG HARRISON ("GRANTEE") • _ ..� ..� LEGAL DESCRIPTION OF THE PROPERTY L55 (Continued from Exhibit "A") L58 L55 N87'09'26"E 89,61' L56 515'16'44"E 309.84' L57 519'20'49"E 65.95' L57 _ L58 N27'05'19"W- 44.99' L58 L59 N36'50'42"W 91.39' No L59 0° e-- PARCEL #3 O1 O1 7.5922 O ICl a al I � CO " N C4 L11 L10 L8 L8 I 7 L5 L9 PARCEL #5 N" t— 3,3131 C Co 17.06 034, CO O L5 372'07'57"E 44.40' L6 589'27'17'E 52.53' L7 N88'30'00"E 54.97' L8 N73'40'07"W 33.71' UP N 'cf' GO - CO 6c9 N87'00'24" E 134.08' 11111(1 III RIM IIII 111111 2691507 05/04/1999 04:10P Weld County CO 3 of 3 R 16.00 D 0.00 JA Suitt Tsukamoto • QUIT CLAIM DEED cqc THIS DEED, made this 30th day of April, 1999, between CRAIG HARRISON, of the County of Larimer, State of Colorado ("Grantor") , and ED ORR, whose mailing address is 826 9th Street Plaza, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee") . WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, sold, conveyed, and quit claimed, and by those presents does remise, release, sell, convey, and quit claim unto Grantee, his heirs, personal representatives, and assigns, forever, all the right, title, interest, claim, and demand which Grantor has in and to the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of Grantor, either in law or equity, to the only proper use, benefit, and behoof of Grantee, his heirs, personal representatives, and assigns, forever. IN WITNESS WHEREOF, Grantor has executed Deed on the date set forth above. CEO-BISON ------ STATE OF COLORADO 96. COUNTY OF WELD The foregoing instrument was acknowledged before me this 30th day of April, 1999, by CRAIG HARRISON. WITNESS my hand and official seal. My commission expires: p,p.) ;0i" / ": 4 Notary Public L :: DARELLA L. N BLOCH %o 9TC O. CO•%Qp I IIIIII IIII 11110 IIIII III I /, 2881683 05/04/1989 04:14P Weld County CO 1 of 2 R 11.00 D 0.00 JA Sukl Taukamoto 7I (UM 4/29/99) • • EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE QUIT CLAIM DEED BETWEEN CRAIG HARRISON ("GRANTOR") AND ED ORR ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: That portion of Northeast Quarter of Section 19, Township 6 North, Range 66 West of the- 6 P-.M., County- of- Welt State of Colorado, being more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48'06" West 2574.32 feet, more or less, to the Northwest corner of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING; thence continuing along said North-South centerline North 02°48'06" West 928.28 feet, more or lees, to the f .. approximate North Bank of the No. 2 Canal; thence along said approximate North Bank the following four (4) courses and distances South 73°40'07" East 33.71 feet; North 88°30'00" East 54.97 feet; South 89°27'17" East 52.53 feet; South 72°07'57" East 44.40 feet; thence departing said approximate North Bank South 00°10.45" West 898.01 feet, more or less, to a point on the South line of the Northeast Quarter of said Section 19; thence along said South line South 87°00'24" West 134.08 feet to the Northwest corner of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING. 1'ARLEL T: That portion of Southeast Quarter of Section 19, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Southwest corner of the Southeast Quarter of said Section 19 thence- along the-North-South- esnterline of said- Section 19 North 02°48'06" West 2574.32 feet, more or lees, to the Northwest corner of the Southeast Quarter of - said Section 19; thence along the North line of said Southeast Quarter North 87°00'24" East 134.08 feet; thence departing said North line South 00°10'45" West 2578.26 feet to the Southwest corner of the Southeast Quarter of said Section 19 and the POINT OF BEGINNING. Name and Address of Person Creating Newly Created Legal Description (Section 38-35-106.5, C.R.S.) : Steven John Stencil Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 I ION IN iiiiii iiu 1111;;aim uuii 2891595 05/04/1090 04:14P Held County CO 2 of 2 R 11.00 D 0.00 JA Sukl roukamato I (HFMM 4/29/99) - 2 - • a QUIT CLAIM DEED 61)6 THIS DEED, made this 1A day of April, 1999, between RICHARD PODTBURG, PHYLLIS PODTBURG, JEFF PODTBURG, and KENNETH PODTBURG, of the County of Weld, State of Colorado ("Orantors") , and CRAIG HARRISON, whose mailing address is 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525, of the County of Larimer, State of Colorado ("Grantee") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) awl other gond.and valuable consideration,, the receipt and sufficiency af_which. are hereby acknowledged, have remised, released, sold, conveyed, and quit claimed, and by these presents do remise, release, sell, convey, and quit claim unto Grantee, his heirs, personal representatives, and assigns, forever, all the right, title, interest, claim, and demand which Grantors have in and to the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of Grantors, either in law or equity, to the only proper use, benefit, and behoof of Grantee, his heirs, personal representatives, and assigns, forever. IN WITNESS WHEREOF, Grantors have executed this Deed on the date set forth above. /7 �. <. ,f u., SC CRI PODTBDRGis�y � PODTBURG / JH DST/BORGy KENNETH PODTBURG STATE OF COLORADO sa. COUNTY OF WELD The foregoing instrument was acknowledged before me this ca day of April, 1999, by RICHARD PODTBURG, PHYLLIS PODTBURG, JEFF PODTBURG, and KENNETH PODTBURG. WITNESS my hand and official seal. My commission expires: �t MY COMMISSION EXPIRE$ 0443-2002 � (1L, /' "��Cc 9 No Public DTQVgC��< 4.0TAR) i -0-0-0- _ s PUBLIC A f rneF p01,0Po�• I I1111l llllrllllli llll llllll llll lllllll 111 lllll llll "I 2891688 06/04/1999 04:10P Weld County CO 1 of 2 R 11.00 D 0.00 JA Sukt Taukamete (HEM 4/28/99) • EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE QUIT CLAIM DEED BETWEEN RICHARD PODTBURG, PHYLLIS PODTBURG, JEFF PODTBURG, AND KENNETH PODTBURG ("GRANTORS") AND CRAIG HARRISON ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY Property Description No.6 That portion of Southeast Quarter of Section 19,Township 6 North, Range 66 West of the 6th PM„County of Weld, State of Colorado being more particularly described as follows: BEGINNING at the Southwest corner of the Southeast Quarter of said Section 19 thence along the North-South centerline of said Section 19 North 02°48'06"West 2574.32 feet, more or less,to the Northwest comer of the Southeast Quarter of said Section 19;thence along the North line of said Southeast Quarter North 87°00'24"East 134.08 feet;thence departing said North line South 00°10'45"West 2578.26 feet to the Southwest corner of the Southeast Quarter of said Section 19 and the POINT OF BEGINNING. The above described parcel contains 3.96 Acres,more or less, and is subject to all Sating easements and/or rights of way of record. Name and Address of Person Creating Newly Created Legal Description (Section 38-35-106.5, C.R.S.) : Rob Persichcitte Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 111111 IIIII 111111 IIII 111111 ft'I !fflt !!lJ" "11III 2691686 05/04/1999 04:1 2 of 2 R 11.00 D 0.00 JP Sukt Taukamoto I 11 (HF&H 4/28/99) - 2 - • • The pined pNien of this Rom except(italicized)(differenti- ated)additions have beat approved by the Colorado Real Estate Carmissien(CBS 3.1.94) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SIIOUID CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE March 15 ,19 99 . 1.PARTIES AND PROPERTY. Ed On'and/or his asslans ,buyer(s)[Buyer],(as joint tenants/tenants in common) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell,on the terms and conditions set forth in this contract, the following described real estate in the unty of Weld ,Colorado,to wit: • ApproximateV9,S acres more or less, shown on the map attached as Exhibit"A", located in a portion of Section 19, Township 6 north, Range 66 west known as No. vacant land Sired Address City Slate Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all im- provements thereon and all attached fixtures thereon,except as herein excluded(collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this contract: lighting, heating, plumbing. ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices,inside telephone wiring and connecting blocks/jacks,plants,minors,floor coverings,intercom systems,built-in kitchen ap- pliances,sprinkler systems and controls,built-in vacuum systems(including accessories),and garage door openers including N/A remote controls;(b)if on the Property whether attached or not on the date of this contract:storm windows,storm doors.window and porch shades, awnings,blinds,screens,curtain rods,drapery rods,fireplace inserts;fireplace screens,fireplace grates,heating stoves,storage sheds,all keys and(c) See Exhibit A'attached hereto and incorporated herein by this reference. (d)Water Rights. Purchase price to include the following water rights: One(1)Well One(1)Irrigation Well (e)Crowing Crops. With respect to the growing crops Seller and Buyer agree as follows: Buyer shall receive all 1999 crop income and reimburse Seller for any 1999 crop expenses incurred by Seller prior to closing. The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale, General Warranty deed or other applicable legal instrument(s) at the closing, free and clear of all taxes,liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded from this sale: None. 3.PURCHASE PRICE AND TERMS. The purchase price shall be S • _ -_ ,payable in U.S.dollars by Buyer as follows:(Complete the applicable terms below.) c9 (a)Earnest Money. S 10.000.00 in the form of interest bearing promissory note , as earnest money deposit and part payment of the purchase price,payable to and held by Hasler. Fonfare&Maxwell, escrow agent broker,in its trust account on behalf of both Seller and Buyer. Escrow agent broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. The balance of S (purchase price less earnest money)shall be paid as follows: (b)Cash at Closing.S ,plus closing costs,to be paid by Buyer at closing in funds which comply with all applicable Colorado laws.which include cash,electronic transfer funds.certified check,savings and loan teller's check,and cashier's check(Good Funds). Subject to the provisions of Seetien-4,-if-the-existntg 00n-balaneeat the-time-eceleaing-shall-be-different-fret thO40 n-belexee in-Seelion-3-0leadjuetman-aha b mwade-irrGood-FundaaI-tie iig-orpaHleo-fdlowa: (e)-New-Loan.S by-Buyeroblaining-www-kxtr fhix-loon-will-lwseoured-bya{IM;2ndratu z deedofarusl=fhetoarrxlwlNwanwNizmd-ovewrywriotof yearsat-approximntely$_per_ _I,eluding-prirwipoMrNl interact not to exceed_it.par annum,pklc,if required by B he-estimatedannual-real-estate tax**, property inouranee premium,and mortgage-insurmreeyoemium—lfthe-lean is an odjustaM e-interest-rate or gradualed-payment tuarNhe--payment awlinloreed-raleinilinIly-shotlmol-exueed-ll gureaaeNbrllrabove- Loan-disamiM-poinlelfanyrshall Spaid-to-lenderof-closing-toed-chal4lwt exceed %of4he-lotof loanamount—Notwitltslmxling Ihe-lea&s-interest-rale,-th -first_loan-disoount-points-shalNw-paid-by---and-the-balance;ifanyrshall-be-paid by . BuyewhalNinwly-tray-a-Iotuorigination-foe-lwl-loaxceed °C of-Ilialomamount-and-Buyels-loalroostta (d)-As&vmpllon.S -_Na by Buyer'u asaanting-and-agreeing-le-pay an csieling los per including principal,insect presently at_%per annum.and including ecorow for the following ac indicated: []real*state taxes, No.CBS3-I-9J. PAGE I of 10 the time of anumption, the new intsru is chall not exceed_E. per annum and the nevalthly payment shall not nosed-T-40 principal and interact,plus escrow,if any. Seller(]shall.[J shall not be reL,vied from liability on said-Ioan-lf applioable,compliance with-the raquiramenta for-raleaee fromrliabilily shell be evidenced by delivery at closing of an appropriate letter from lender. Coot payable for retries of liability shall be paid by_in an-Amount not-to-inrond-S—, (a)Seller or Private Third Party Financing.S by Buysr executing a promimory note payable-ta--otNM+rOM-fono+s indicated:(Check ono box only.) snoumbrring I icated:(Cheek one box only.) [ ]Strict Duo on Sale(TD 72 11 83)[ ]Creditworthy(TD 73 11 83)[ ]Assumable—Notdue-on sale(TD 74 11 83) ( ] The promi000ry nolo shall beamortized-en-the basis-of_years,payable al S per including-principal-end-interest-at the rate of_V.per annum. Payments ahalFaem he—day-ofeaoh-eueeeding ' Wool sooner paid,the balance of principal and accrued interest shall be duo and payable oiler clocing. Payment°[ ]shall[ )shall not bs inora:oed by_of estimated-annual-real-estate-taxed.and[ ]shall[ ]shall not bo increased by_ of estimated-annual-property insuranee-premium. The loan shall oleo contain the following lama as indicated: if any payment is not received within_calendar days aferitsdue-date;a-late charge of_V.of such payment shall be dues Interest on lender disbursements under the deed of trust shall bo_V.per annum. Default interest rota shall be IC per annum. Buyer may prepay without a penalty exoept 4rFlNANCING-GONDCFIONS-AND-0BLIGAT►ONS: (u) Loan-Applieatlon(s).-lf Buyer is toyxry-all-oryxu{-oFgwpurohaso pried as aot foNirin-Section 3 by obtaining-a-new-loan-or-if-an existing loan io not to be released al closing. Buyer,ifrequired-by-euoh-lender-slant eke-wrillen-eppheetion-wilhi:. r^.wilemlar-days from acceptance of this contract. Buyer ahalFceeperate-with-Seller-and lender to obtain loon approval,diligently and timely pursue came in good faith,cxesutc all documents and furnish all information and documents required by the-lender,and,subject-toSeetion 3,timely pay the e oato of obtaining such loan or lender consent. (b)Loan Approval—If Buyer is to pay all or part-of the porches°price by ebte' ' g o new loan ao opeoifiod-inSeeliots- rtbie-eentraet-ia e oxditienal-upon lender's approval of the-new-loan-on-or-before_,19_. If not oo approved by csxl-date,thiseenlreel-ehalHenninala (e)-Bslstlag-Lean-R.vl..v. 11-enexisting-loan-is-not-torbo-rebeased-al closing, Seller-shallynovide copies of the-loandeeuments (inhaling-droltiduwl-of-Irualrinalifwalions)-Ic.Buysr-within—celetdar-lays-from-r aoptanee f-thiscoalmol=fhiscenlraWtiesaxliliotal upon-Buyer's review and approval of the previsions-of-atalrloandoamwnls--Buyereensens-to-the provisions-eFawhrkatt+loctm»ntsifta writtenebjeelien-inreoeiwx4by-Seller-fret-Buyer-within=ealexlar-daysfront-Buysfo-receipt-efetwlrdoeuments—lftlwkndarnepprewal etc-transferefihe Property is required,Ihitrootureol-is-conditional-upon-Buyeetrobleinixg-euolrapprovel-wi6reut-elantgeiMhe-henna-e6euelt loan,except as act forth in Section 3. If lender's approval is not obtained on or before 19_this contract shall be terminated on such data. If Seller is to be released from liability under cuoh existing-loan and Buyer does not obtain ouch compliance ao set forth in Soolion 3,this contract may be terminated at Seller's option. (d)Assumption Balaaeer-1-Buyer is to-pay-all-or-part-of the purchase price by assuming on existing loan and if the actual principal belaneoof the existing loan at thedate ofelosing is less than-the-amount in Seetion-3and-the amount of Dash required from Buyer al closing is inermsed-by-ffiefe-thaft-S—i-then Buyer may-termitatethiseentraot-ef'eotive upon receipt by Seller-of-Buyer's written-notiee-eftermination, (e)Credit-►nGwmallon—cif Buyer is to pay alter-tar-ofthe-purehsse-price byy-executing-a-promieaory note-in favor-of-Selller-orifan existing loan is tad to-lea-relerisied-Wobaing,tltisoonlnrot is oaxhlionaNapon-Selleeaepprevelof-layer-s-fanarwial-ebilityandererlilwerthiness; whish-npprovalahall-leat-Selbx'ssole-roulabsolute-disuwliet—hrst elronse:(1)Buyer-shall-supply to Seller-on-or-before , 19 , at—Buyer's expettserinfortnation-andWoeumetttn eewerning-Buyers f,aaeal,-enpboymet-and-erwhl condition;(2)Buyer oonoontsahatSellermey-verify-Buyer'a-fuwnoiel-ebililyLernloredil-worthineoo;(3)any-ewlrinferanatietrend-deeumenla received by Seller ohall be held by Seller-in-eenfidewe;arch-rat-releasallo-ethwsexeopt to protect Seller--s-interaaFinthin-transaction;(1)if Seller deco not provide written notice of Seller's disapproval to-Buyer on or before 19 , then Seller waived this eendilion-lfSeller does provide written notiee-of-disa pprevel-le-Buyerenor-befereamiddate thieeeatraet-ehalFMrmirate: 5.APPRAISAL PROVISION. (Check one box only.) This Section 51 J shall [ X ]shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the right to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by . If Seller receives a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price,on or before (Appraisal Deadline),this contract shall terminate. Buyer shall have the privilege and option of proceeding with consummation of this contract without regard to the amount of the appraised valuation. Upon closing,Buyer waives any objection to the Property's valuation. 6.COST OF APPRAISAL Cost of any appraisal to be obtained after the date of this contract shall be timely paid by Buyer . 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer,at Seller's expense.either a current commitment for owner's title insurance policy, in an amount equal to the purchase price or at Seller's choice,anabstraetoftittaoertifted-Ina-ourre,wate,on or before March 26. 1999 (Title Deadline). If a title insurance commitment is furnished,Buyer may require of Seller that copies of instruments(or abstracts of instruments) listed in the schedule of exceptions(Exceptions) in the title insurance commitment also be furnished to Buyer al Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment,together with any copies or abstracts of instruments furnished pursuant to this Section 8.constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 10 calendar days after Title Deadline. If Seller furnishes a title insurance commitment. Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9.TITLE. (a)Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantabilily of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by,or on behalf of Buyer and given to Seller on or before 5 calendar days rifler Title Deadline,or within five(5)calendar days after receipt by Buyer of any Title Document(s) or endorsements)adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. • No.CUSS-1-94. PAGE 2 of ID • • (b)Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before the Title Deadline set forth in Section 8,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,liens or other title mailers not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records(such as an unrecorded easement, unrecorded lease,or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before March 31 , 19 99 . If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. (c)Special Taslnt Diatdcts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TIIE. TAXABLE PROPERTY WTTIIIN SUCH DISTRICTS. PItorgirrY OWNERS IN SUCH DIS'TItICIS MAY lir. PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE. TAX BURDENS TO SUPPORT TIIE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN 771E INAItHLrrY OF SUCII A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCII AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE TIIE DEBT FINANCING REQUIREMENTS OF TIIE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCII DISTRICT SERVICING SUCII INDEBTEDNESS, AND TIIE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and buyer desires to terminate this contract as a result,if written notice is given to Seller on or before the date set forth in subsection 9(b),this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above,Buyer accepts the effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in subsection (a) or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing.this contract shall then terminate;provided,however, Buyer may,by written notice received by Seller,on or before closing,waive objection to said unsatisfactory title condition(s). 40, INSPECTION.—Seller has provided-Buyer-with a Seller's Property Disclosure form completed by Seller-to-the-best-01-5e11efla ourrenl-aetuaWatowledge—Buyer-er-euy-designea.shalHuwe-the-righHo-have-inepeelion(s)-of the-physical-owulition-of-lhe-Properly-end Iuelusieire,al-Buyolo expense.-If-written-neliee-ef-say-unsnlisfaotory-oonditieersigned by or on buhalfof-Buyer-,-is-not received-by$ellewn or-before , 19_ (Objeolien-Deadline),the-Phyoioal-ooirditiaroftho Property acrd-Inolueienoslrell-be-deenwd-tobe-oatiafaotory-Io Buyer. Ifeueh ttelioo in reedited by Seller no not forth-obove;and-if-Bltyef end-Seller-Bravo not agreed,in writing,ton oeltlemenHlrereofower before , 19 (Reeelutien-Deadline), this-eentraotshalHermineie-three-calendar days folh,..:na-tl.e Roaolution-Deadline, unless,within the three calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is rerponsiblo for and shall pay for any damage whioh erasure to tho Property and Inclusions as a result of ouch inspection. 11. DATE OF CLOSING. The date of closing shall be April 30 , 19 99 ,or by-mutual-agreement at an earlier date. The hour and place of closing shall be as designated by Seller . 12.TRANSFER OF TITLE. Subject to lender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer,on closing,conveying the Properly free and clear of all taxes except the general taxes for the year of closing,and except none_ . Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not;except(i)distribution utility easements(including cable TV),(ii)those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a),(iii) those rights,if any,of third parties in the Property not shown by the public records in accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,and(v)subject to building and zoning regulations. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14.CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective closing costs and all other items required to be paid at closing,except as otherwise provided herein.Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed S 150.00 and shall be paid at closing by the buyer and seller equally . The local transfer tax of$ -0- of the purchase price shall be paid at closing by n/a . Any sales and use tax that may accrue because of this transaction shall be paid when due by seller . 15.PRORATIONS. General taxes for the year of closing,based on the taxes for the calendar year immediately preceding closing,rents. water and sewer charges,owner's association dues,and interest on continuing loan(s),if any and none shall be prorated to date of closing. paid by Buyer. • 18.POSSESSION. Possession of the Property shall be delivered to Buyer as follows: on day of closinq ,subject to the following lease(s)or tenancy(s): Existing 1999 farm lease, and any oil and gas leases of record. If Seller,after closing,fails to deliver possession on the date herein specified,Seller shall be subject to'eviction and shall be additionally liable to Buyer for payment of$ 50.00 per day from the date of agreed possession until possession is delivered. 17.CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract,the Property and Inclusions shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty,prior to time of closing,in an amount of not more than ten percent of the total purchase price,Seller shall be obligated to repair the same before the dale of closing. In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,however, the total purchase price. Should any Inclusion(s)or service(s)Nil or be damaged between the date of this contract and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to the growing crops,if any,as provided in Section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. 18.TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: No.CIIS3-I-94. PAGE 3 of 10 (a)IF BUYER IS IN DEFAULT:(Chet box only.) • [X] (1)Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. [ ] (2)Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter he released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection(c))are SELLERS SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. (e)COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any arbitration or litigation arising out of this contract,the arbitrator or court shall award to the prevailing party,all reasonable costs and expenses,including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract,Buyer and Seller agree that,in the event of any controversy,regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action but may await any proceeding,or at broker's or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20.ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises between the parties relating,to this contract,the parties agree to submit the dispute to mediation. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediator. If mediation proves unsuccessful,the parties may then proceed with such other means of dispute resolution as they so choose. 21.ADDITIONAL PROVISIONS: (The language contained in this section has not been approved by the Colorado Real Estate Commission) A. Survey: At time of closing, Seller shall provide to Buyer a boundary line survey, created by a professional engineer,delineating the exact amount of acreage of the property. B. Possession: Buyer will purchase the property subject to a 1999 farm lease,until December 31, 1999. Buyer will receive all 1999 farm income and reimburse Seller for any 1999 crop expenses incurred by Seller prior to closing. A copy of the lease is attached as Exhibit B . C. Personal Property: Grain bin and mobile home and any irrigation equipment that Seller owns in connection with the property. D. Water Right Transfer Acknowledgement: Buyer acknowledges and understands that there are currently 250 units of Northern Colorado Water Conservancy District now attached to the property and the balance of the Winder property. At time of closing, Seller and Buyer will enter into an agreement whereby Seller may elect to leave said units attached to the herein described property for a period of time, not to exceed one(1) year after closing. Buyer agrees that any mortgages it places on the property will specifically acknowledge that the lender has no collateral interest In the 250 units of Northern Colorado Water Conservancy District and that Buyer will cooperate with Seller In completing the transfer of the units as designated by Seller. Buyer acknowledges that Seller may attach a lien on the units which is attached to the land as long as the lien specifically excludes any other collateral except the 250 units of Northern Colorado Water Conservancy District. E. Mineral Rights: Seller shall convey 75% of mineral rights, owned by Seller in connection with the property, subject to the existing oil and gas lease. F. Escrow Closing: Buyer agrees to participate In an escrow closing with Seller, as long as said escrow closing does not take longer than one week. G. Contract Contingencies: Buyer acknowledges and understands that Seller is currently the contractual purchaser of the herein described property. This contract is expressly contingent upon the Seller completing a simultaneous purchase of the herein described property in order to sell to Buyer. If Seller is unable to complete said transaction, then this contract shall be deemed null and void and the earnest money will be returned to Buyer. H. Subdivision: Buyer,and or its assigns, agree to cooperate with Seller and will not unreasonably oppose Seller, when Seller applies for a minor subdivision on ninety-five (95) acres being retained by Seller. Buyer, and/or Its assigns,agrees not to apply for a minor subdivision, subdivision, or PUD on any property immediately adjacent to property retained by Seller on the herein described property for a period of one(1)year after closing. Buyer may apply for a minor subdivision, subdivision, or PUD on property not adjacent to property being retained by • Seller 30 days after closing and Seller shall not unreasonably oppose Buyer. I. Buyer's 1031 Tax Deferred Exchange: Buyer shall have the right to structure the purchase of the Property from Seller as a tax-deferred exchange under Section 1031 of the Internal Revenue Code. Seller agrees to cooperate with Buyer in structuring the transaction as a tax-deferred exchange, provided Seller shall not be obligated to Incur any liability or expense,or to extend the closing date to accomplish any such exchange. J. Removal of Mobile Home: Within one and one-half(1%)year after closing, Buyer agrees to remove the existing mobile home now located on the property and demolish the existing abandoned older home, located south of the ditch. If Buyer elects to build a new home, in the area between the No. 2 Ditch and the east-west roadway,a covenant shall be placed on the land prohibiting mobile homes. If Buyer elects to build a manufactured home in the area of the existing home, Buyer shall screen the home to the north with berms and treed landscape. All overhead electric lines shall be buried, If Buyer, or his assigns, elects to build a house in the vicinity of the existing mobile home. No.C11S3-1-94. PAGE 4 of 10 K. Existing Utilities: At time of closing, Seller shall transfer to Buyer a utility easement along the existing driveway to a bridge located across the Greeley Canal No. 2 from U. S. Highway 392, on the west side of the property being retained by Seller. The utility agreement will be a non-exclusive utility easement and the parties shall agree, after closing to the exact location to correspond with engineering drawings by Seller. Buyer shall be allowed to place underground electric lines, telephone lines,and a water line through said easement area. An agreement will be structured at closing to allow the parties to use the utility easement area and Join in the cost of placing the utilities if desirable by both parties. Buyer agrees to bury the existing electric lines on the herein described property at its sole cost and expense,within two(2)years of closing. L. Easement at Closing: At time of closing, Seller shall convey a non-exclusive utility and access easement,being a 60 foot wide bridge to Buyer, created from U. S. Highway 392 south to the southern side of the Greeley No. 2 ditch, including over the ditch and along the existing roadway below the ditch,east to property being conveyed to Buyer. Buyer will also receive the right for joint use of electric, gas and water, through property being conveyed to Boyd Meyer("Meyer). In regards to water, the Buyer and Meyer,the contractual purchaser of the property adjoining the herein described property, agree to approach North Weld County Water District ('NWCWD"J to see If another water tap could be purchased and new meters be placed south of the bridge over the ditch. If the NWCWD is unwilling to allow the installation of the existing tap and the new tap south of the existing bridge, then the Buyer and Meyer agree to install their own meters at a point where the water line 'T's to the existing mobile home to the east and to the other houses to the west. The parties would mutually agree to a billing system whereby a monthly billing would take place from NWCWD for the tap being conveyed to Meyer, and Meyer would then bill Buyer or his assigns,based on the new meter installation. If no additional water tap is purchased by Buyer, Buyer agrees to only use the domestic water for in-house use only. Buyer acknowledges that the existing water tap will not be the property of Buyer and Buyer agrees to pay all cost with the installation of the meters over and above$1,000.00. M. Facsimile Signatures: All contract and contract related documents signed by facsimile(FAX)signatures shall be considered legally binding. N. Real Estate Commission: None O. Right to Extend: Seller reserves the right to extend all dates in this contract by thirty(30)days. P. Broker Disclaimer: It has been disclosed that Craig Harrison and Ed Orr are licensed real estate brokers and are acting as principals in this transaction and make no warranties or representations other than what is expressly stated in this agreement. Neither party represents the other in this transaction. 22. RECOMMENDATION OF LEGAL COUNSEL By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to Section 19. 24.SELLING COMPANY BROKER RELATIONSHIP. The selling broker, ,and its salespersons have been engaged as . Selling Company has previoualy disclosed in writing to the Buyer that different relationships ore available which include buyer agency,edict agency,oubagoncy,or transaction broker. 25.NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer or if this box is checked[ j when received by Selling Company. 26.NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties,or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller, as evidenced by their signatures below,and the offering party receives notice of such acceptance on or before March 16 , 19 99 (Acceptance Deadline). If accepted,this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. Buyer d Orr Buyer Date of Buyer's signature March 19 99 Date of Buyer's signature 19 Buyer's Address: 801 Eighth Street, Greeley.CO 80631 Seller C r9 Seller Date of Seller's signature March td 19.27 Date of Seller's signature 19 Seller's Address 760 Whalers Way Suite A200. Fort Collins. CO 60525 No.CBS3•I-94. PAGE 5 of 10 The undersigned Broker(s)acknowledges re•of the earnest money deposit specified in Section end Selling Company confirms its " Broker Relationship as set forth in Section 24. Selling Company. Name and Address: By Date: 19 Listing Company. Address: By Date: .19 NOTE:Closing Instructions should be signed at the time this contract is signed. No.CDS3-1-94. PAGE 6 of 10 • • Order No. 8512821 SD CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO - DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The W1/2NW1/4, E1/2W1/2 Section 19, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book 1171 Page 20 \• Reception No. Book 1171 Page 21 NReception No. ,Book 1413 Ni Reception No. 1200654 Reception No. 2179781 ,Book 1232 • NReception No. 2225398 ,Book1274 Reception No. ,Book Reception No. • ,Book Reception No. • ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of TRANSNATION TITLE INSURANCE COMPANY, is hereby limited to the fee paid for this Certificate. • In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 9th day of April , 19 99 , at 7.00 A M • TRANSNATION TITLE INSURANCE COMPANY Company By: Ui2a4& . C JAoc+L. Authorized Signature • 00401 • a 1 ♦. '.a,.. . O.—......- u. ; v• .t IM: LMJ,. •I .III �l • I Jdhi ; ., _ay u, a 3 I ' 4t lka 0;...1.--. y ) ` , !. !� I I t1,A VI l;y+(�ef ,1o.{' r, y1♦0 l L.A 7 it..1''' ,,y fit} AIf1. ,'14 1 4,4 ,9 •• •,- • ! t (Yd I .t il 10 � ,� '' I b • tt wi t kty. . .� 11'., d :t g41ll�fN : iR1eMIaR . dY.i12411-f ft•Y .max ..'- �rider. 1 - (• • t lesewa ,t.; i . 1 1 . - �t+ ail p [ 1 t,�t, ija: al A Bart' r islj •'of PYt'na ig t i t f, 1M •r ! w er 6d/I�Gi u rl •yt{, ttj�1 �A Jtwu+l7 L m. R • ] �L�� •'taAAItItTSON0 S>"'�F I � of the d Y ) Cape a,Weld I t • y Q � 1 It h i ,and State of Colorado,of the first part,and ,I f DG9ALI1 1f1N0gR; .j ,"{^ '•x� c of the ' '.r II' " ,.*.- fight� o 'y ! '•1 {oph of Weld r i' ,and State of ndo the second m , j � WITNESSETH, Mat the said party of the ant pear(br end In consideration of the apm of t- -. Ten Dollars and other good and valuable considerations mama , - ,to the mud pry .,. I f tae prat pan In hand paid by the wd Yntj ' ilia•e.,,..,.N ,.,vt win,,,,,;i• Ob•a ..:e `hereby contested and acleowledged, has ranted. 1 s' argained, sold and conveyed, by these presents aces ,)„y,4... •:•' grant, barndq tell. convey,and ,sperm.veto the Wd pas,y ' of flit second pert, his 6<ha and assigns. (forever,all the following described lots 'or parcels of land. situate, lying and being In Ihf Count of Weld-. , '° 'r and State of Colorado,to-wit: d l � i I *All that part of the East Half'(E}) of Section Twenty-four (24), Township Six (6) )North, Range Sixty-seven (67) West of the Sixth Principal Meridian, lying anndIf1�1I } ;being East of a line described as follows: Beginning at a point on the North line J`/i $ ,LC) of said Section Twenty-fol,r (24) 310 feet West of the Northeast. corner of said ,w warSection; thence South 1472.$ feet to a point on the South bank of No. 2 Canal; -,::111:,:c? qt r 1 *. thence northwesterly along said canal North 6551' West 167 feet; thence North y. • ill r- ♦It .'p 56 16' West 142.5 feet; thence North 76°]1o.' West 103.5 feet; thence North h9'3' ^t f'l Seat 99 feet; thence South on a line parallel to the East line.of said Section I Yp' ' to the South line thereof to a oint 756 feet Rest of the Southeast corner of i (� ii ( 1 said Section Twenty-four (24)r'�nd also the West Half (4r) of the Northwest ` P : Quarter (N'4) of Section Nineteen (19), Township Six (6) North, Range Sixty-six !r t♦ 'r. I q 1, (66) West of the Sixth Principal Meridian) together with all water and water' r ., rights, ditches and ditch rights, and rights of way and easements belonging to or t"• I° rp sod with said lands, and all improvements and equipment belonging thereon, n Mt 11 10.211, to together with Two (2) shares of the capital stock of The Windsor Reservoir and 5 Canal yyCompany, One-fourth (}) share of the capital stock of The Roullard Lateral l " t $' t ±Cachanln Siax,l and ythree-fourths (6 5/4) shares of the capital stock of The New lapl • sOe rricating ir,, ony, nl Eleven tin) allot, or the herl stock l of T w ( .,•*j s , The r Cache is roudre Rtrictolr Company, and existing allotment of Northern Colorado <,,ill .�d Yale, Conservancy District. VI , TOGETHER with 11 and singular the heredtament, tact appurtenances thereunto L 7 t t 4.o. reversion belonging. of - -Spl:j` err rte ring and m< and reversions, a:rd<r one remainders, � L, ' and 1 thereof:a the ,me right,title, interest,claim and vden and whatsoever of the raid party III f1 t e .If.e , cocky,of, in and to the above barge nee premises, x h the hercditamenl andappurtenance, p t either in law 1# 741 t t Liat''� TO HAVE AND TO 1 HOLD the said premises ohm• bargained end Ir•cr'IM obi, aup error¢c• In 11s sI 11 m ,neap the said part/ of the second part, his her and assigns forever, And the said party of the first r t ti"� part, for himself, his heir executors and administrators dobargain 1 I7y t i -to and with the said party of the secondpart, es d mgns, grant, e and egene Fi y; 1 a _.1 e and debv of these , his hors and assigns,gns that at the time ed of the en 1 111 . ft( •d a presents he is well seined of the premises above mnr<Ye at of tcee s,r I M ft I �.as.- 1 fret,absolute and indefeasible stale of der to e in law, in fee e per t so. y I ty to Nom, bargain, sell and contest the r manner and ndn, aforesaid,Resod r FI II p - s f 1 la < vrd fvr ' and that the < free i:Py Ala: Id and dear from all former and other grans t R - .ales Sens lanes a, essneats and inc Lalp r�i jl 1p of whatever ,a d •• i kind or nature seeker 7xcept its IncL . Son within Storm'a s Lake Drainage District., a uCL' inclusion within Northern Colorado doter Conservancy L1 t '?I^=trim, and wet^r allot— t art ' mont thor troves, �' eF and the ah f in the quirt and p' topossession. of the sail parry ,1 the sec d part, Ili 3 , heir. and a 'gin, gains' . and every person person, lawfully claiming or to clam the who: or are' part F li Aa PS' thereof,the 1p t} of the teat pat II loll IVARRA N I' AND I OREVER DEFEND eta e IN WITNESS WHEREOF, The said party of the first part has hereunto set his (land and t i,;,3.(l� seal the day and year first abort.written. '• 4.g7l Signed, Sealed and Delivered the I resence of I 1 Q •( # Y_✓� fti(LY___ _(SE 1L1 ___— (SEM n ear M a i5:l'A7, 'pal+ tOLOAAUO,l _ _ _ _ - lA,,e41 • L �d J The foregoingluntmet cknowlela II1 er , .I J] _ . rl dl i.1, Yl .January___ iiya6 . by _ Donald..'bin'binder I tit 3kl JT• ( 0.10\Yia° t, _. —_— - x; Is aa, WellWO V.Ifind and oRi<iat seat - — I. SO Cdeedaf{lio '6xntreelslr CnmmLelsa Gam./NyL7,19A6._ d(�f4,° ``✓of Y' Tph . P.C.,;"e, No.' • Notary Public. t •f,1 WARRANTY OI=D—%eVp Printery.Greeley,Colorado. _ ,.,�w.Ii'a' 1*lb �. ..e.citS,C,Ma ki.4' aaa. .aAS♦Y.I:.e. wwwwww I l 'f iPwY1.spar11 IsI g' _ — _�__. . I Is Cri T^ I I t& rA tt • + , I =tl 'V i4�i Recorded l 1ggG� it " • d, >. Rip" Recepdoe Na_11t'22,SS" ANTI STall CtM Aeoeeder-' {,� ,7) 4 '. tit u - ,q .• „ 1 e t7 ii Quite Perot Made this 31st g day of January In the t k / , y 'year of our Lord one thousand ume hundred and forty—six C LetL4 . ' e. r I a Iit a1c±s t( c .''r: ttd st #rt to I qtr � I1�(n HARRIS0N V, TELLER 1 a C Ti, e°ig of the County of-Weld - - ' r and Stata'el Colorado,of the first part, and 1 1 r 1I rt 0. B. IfINDER +.� p rs I1 Ir t of the County of Weld and State of Colorado of the second upe e I 1 +p WITN ESSCTN that the rid party of the fir t pu4)de and in consideration of the a of r ,will' I '}14 A Ten Dollars and other good and valuable considerations-- John. 1f a, „I {�' ;{� 0, ,to the said party of the first part m hand paid by the said Carly of the second part,the receipt whore 1 b }p R�. / ` 1 d. . Ty .hereby confessed andacknowledged. has granted bargained, told and enn.eyed, and by these present, does 1 g1 , leq cyI ..,1 :' [}t rabargain, sell, -' - ti nfirn+ unto the said party of the second part, hie heirs and assigns, 1 ' e I ! li twil f r S. ;forever,all the following described tots or parcels of land, situate, tying a . • .r Weld , _ I R I,';',14 't and State of Conrad to-wit: 4 r } 1 ~ l ~1111 fM I nY •-s{ 1 '-'' 150 _ , .,i 1({t 1 ' -,n+ it 1 " ' The East Half (E}) of the Northwest Quarter (N6j) and the Fast a } I •l ,'�}Ij .Rg al fr r` Half (E}) of the Southwest Quarter (Sal) of Section Nineteen (19), f FA ^o*nship Six (6) North, Range Sixty—six (66) West of the Sixth R I atC+e f lop Principal 6:eridian, together with all hater and water rights, - - I ' 1p1} ditches and ditch rights, and rights of way and easements belonging I ,i ilzt to or used with said lands, and all improvements and equipment - r-,• e I ( {Irt5V � I belonging g s thereon, together with Two (2) shares of the a "' 6)1; t if } capital stock of The Windsor Reservoir and Canal Company, One- O.- 9'i .-�' fourth (;) share of The Reullard Lateral Company, Six and three- ''4 n '. m A� +e 1€ilterk- r n fourths (6 )/.,) shapes of the capital stock of Tha New Cache La a)Iii t" R4 Poudre Irrigating Company, and Eleven (11) shares of the capital s . it • 9P '� }� }Q. stock of The Cache la Poudre 9eservoir Company, and existing -lit } .ill. ' ( it allotment of Northern Colorado Water Conservancy District. r 4.1 ifi6 ( 1 I ;>}- ,r a 1 Ft -* r I ,•Tat + TOGITIICR with all and and rrrtile hereditament, and appurtenaces then-Mir belonging, or any- - inann- '` ,4{ t si }E aMcr sag and the I remainder and remainders. rests, d profits f i R Rror n , i ,4!;4•4,t till the estate,right.t title, interest,da and demand whatsoever of the d party of the fire Part either tan 1 ,I �%if} eq+ ty, of and the alocbag d p with the I t - andappurtenancesI pdir 4n' TO )(AVE AND 10 HOLD the d ,+rein. . 1 bargained d described, with a t rt }g it!'I) the 'd part y cf the second part, his h d assigns for rr h And the said tarty f first E It 1I 1 I 1 ,Rf Part, for himself, his hers executors and ad does mv.II r grant, bargain andal,,,, I ° r fi' to • d I ea d pasty of tI e second Part, his heirs and'Deigns,that at ihe tune of the et- ' I r sealing and delivery of these presents he is well seised of el a preen ses above conveyed as of good.sure,per - ▪ I hidigialilll I feet,absolute and trideensilile estate of inheritance, in law, in fee simple,and it good right,full power and lawful I ': ` L IASIld Ct•gy authority to grant, bargain, sell and eonsy the same m form aforenail and that the free C �};I l g i€i and clear I sall former olve and oiler grants. barga n 1 r taxes,assessments and+ncu ttsasc f I t e r n i e'P T } kind nature . F]tcept its inclusion within Storm's Lake Drainage District; ▪ sa .y-A� R^^ tot at thin No rtha rn Colorado later Conservancy .strict, and watt allot- a F il) 6d( sent, her from, l ,,a1 ,, ..1� ;.. I : 1 i end t I n the quiet and peaceable possession of the I pony of r - I part h!: 1 Ices I g against all y person lawfullyclaiming oany ;+[Ik Der I pasty of the I, t part shall and will AVAItitANI AND EOIti I1 1 E ENn p I tilt;I;I . IN AAtilt`s RIIIN I_ID E, t„tp of Mr first part has .+ n inset 11s Dal an! - fr Fp I ,a '. arts r, la hat . en. 41 ggll f / (, r11 Sign 1 and D l arl n the Pretence of � ��' J Uvt (SEAL) I �!( di _... _._._ .. .__.._ (SEAL) 111+++ I 5 I - 1 , i tp r (SEAL)ri 1Y-It! 1 ➢,t tt 1 f//OF COLORADO , The foregoing instrument was acknowledged before me tl+•. 31st 1 r 1 ) C 9 Weld J dar o; 1 , t IY I �a r~ y _ January,.- , 1946_ by._____C,._11...Kinder.._-.- 0 of \ - 1 v '^ :?3.i.31193.40 My+�!Y&a aiaa ort Seal — _..- •} Y yt g it te?aptret MrCommission Expires M±y 7,c16 _._Pies/JYy!,iVats/.a`,.`„`i ', I FP 3 M <a,tmf Ida - i a }, r a It (�y ),. s mss' WARRANTY,pi8D+McVey Printery, Greeley, Colorado. Aa in i @p@r4V I -4! ,1 T • Fir'18 1 1• "50 . /'ry MAR 8-`Igss' ° a as41 i- �y e f N0.19a medals,t IN'F R IIaWY.'QI.NI. F� a ,x1 •`• [, rt '� /;"11[ 'j --- man :. .lt nnwwuN.w mr�ow, •.�.ir . i�:4111S�)�i•1. ,e, ao! +.flo *ft*.,',';417•-•,.44;4'44'4 a4 V ♦ ry t..... j +;i A Tiiis IRnr-trUiIF,-\lade this..`.._ r ndnr of E CL ` r.�p __._ ..._� in the year .. I s a _ f atw„�, • *off our Lord One Thousandlsin '" fundred and-a. !qt. •-'.1'-,4.1.0 between . .a .. t_ ., ._ w _.r. 11 ,,!! � .r ...:. ea % 21..-..::—....—....—.......___.......— •; `\'' m 12 �1 21 nr.._. of the F.alale of C .�linde_.,.....1 •� tia:`a: � 't,_...�.... 3 •� i � 4.i1a1.Cr part..,,,-..of the first part, j ,mlaann,u u . , _.. .. 'll ; 211" and ..:_.. ....... De nIlld Wlpdcr l 11"a o7;41.: " ; �/ n, • of the Count) of '�.S '1 and State of - ^'." `� Y i� � part S ::_ of the second part,\Citnesseth that et \11 I ER EAS,in the County Court of the County of 'L_._ in the State --,t,14-,n,c, of Colorado.on the.._..L3 r dais f..__. ..'Ahr.'Ar7 A. D. 19,__x._..., mania anon •. >...a ''L"•' 1 in the matter of the estate of_:...e211I.rietl...I!.,.._Alnd.cr - ._ . r.rr .2i1, • •,c;,;,. and 4f •.ir ri ' , - ''- - _.••_.... __:..::_...an order authorising and directing sale of the Real Estatelhereinafter described' ‘. e. was made and entered of record .- -‘,01 Q � F AND\\IIF NE \v,The sail party of the first part d11,on the 22.:....l....._.__..__:__.._..,.. -... -�ql r' l fins nf c, Th .ry r ______ 51'` _... ._ 1 D. 19 .,sell nt..L....:c,"_1.:snle, for the ' moose total sum of Fort!'-Savo., •Tho...ao-1 :l Jr It, -•1wrr i+l"1 ^e/1^^ _ Dollars,a. i m�nutarm,�a xi ;JOT J-�at p/Y : to the part i!_.::L.of the second part,the hereinafter described real estate pursuant to and in full eompli. '---- -- >• ' ;',''eacc with said order of the Conrl.'.' - -: arrriA t AND WHERE-XS,On the a2..a.d Ina of �vbr wa e. . .. .. . .. ....A. D. 19._!..:...., the t'•4� yyy,,,r ll y11 Z. said part. of the first part ae.`_. ...L.Chl ,P:.0 trill:It of said estate as aforesaid,submitted to the • •- l , • * . '' said Court a report of such sale so made as aforesaid;y — .. 1 Jet eP ••air • I cts m� AND THEREAFTER, an order confirming the said sale of Real Estate'was made and entered of I record,which order is in words and figures as follow., to-".it:• rr I T C 'a..ri Jv ... . .. . - _ t 1`,•c I IN THE MATTER OF THE EST/T O , f „„t.' riCriliCED.B. WINDIIt,ualso known. ) ` C.; ry :+ f • ) rt.cea5!ll ) •.. -_ yyWF. I a` " Not:, on this day comes`r- a D. W de , '.t!r-at-law - K-, . d-1nstratrix of said estate, in person, ' ard ty Kelly and C optcr. ,,,, he: at rnevs, and Adolph a Fr, ._d 1 , :-c :_ 'e. , :cc -� ,r,Yavbelle W. McIntire and Carouse W. aif: , by sr r wni e r ' service and 'consent's' tc entry • of said det ec, `i c, { having been heretofore-continued to this date, cotes tr. to 're heard • .,._upon ithe sport of.Sale of real estate tiade under and L'- .t -.e c.^a- , ' r, tU-c des ee'of-,thlsCoiSrr, `, "' + € -- y And 'n appearing to;.the satisfaction or '*r C ,t ., ,,, a Itari .c sold Eale,,thebeseidpAnna S . Winder as reins.:truss. has in r all respects':full cornpiied')irith he"Ito :Jcn. case tale rand ^£ -. '-,v,',',-1' r providcdr and wi.h the,decree o: is Cc - 3 h 1 t r,• f I i 'F62 li IT&ISITHERbFOP :prphh1(ES A, *U•,r :J "s} _ ^r h I a l Sale ciade1by the 4ald't`1.rna „ rJ1 der`ns''such id.---1. :,). t^t': Donald,labder of> theafollotangxdesc 1,bed lot or r . t1 " t i aiesltuateitr) he'Co nty't'of Wa'1d 'rstite,o" Colo,ado, t ,i , ',�t x;"Y Tan order entitle-mfr.;sale of real estate must be set out in full. , '_"e' ;"E't' .3 4,fit ... t ry , d a Y .,• 4; 1. :.;1S •c Ni,..c. . .., i qtr +P . 1 Bang 141, 1,� iOa ' F : .., , 'tt, Ea halt (14) •01% Wes `o1" (.l) of Section in, - `{ - - .Tc .ntti,,6 l orth, .Z7 gr 50 'tic r to. 5t:, r M. , AID,' Weld `County, Colorado with water for irrigation ,� - •-i t` c ewit.*. b 5S"S3/1s ':aver.eft he :;e Cache In s, !- :re re 1 u rrlyaLb. W., 11-shares o. .1:C C.ohe 'a .Si t.e Fo irc :f c^:o1:- Co. ; 2 r}carea c: :�� ; ^^• `�. ; x r •,• Reservoir & Canal Cow;& lateral right: for ' nA. "C3 l'', c of- said-water to aid lar.o, c1 :din 1/' shore of :he : c :,at era: � a nr t 7: '. C.,. ..C) :!strict allot-tent . e to be tics: of tithe:, P Cnr ,:, + t' ..pr r _- .,,r O. 'c -sever.,iw .:,:. r. c . 'n "r. • (.:'•,1:"^"-,(‘:-) " ''n., lollar5,^ i.ie,t0 be.clear of taxra for the yror Ir‘c4, -I! F being; equal t: the appraieed ..al .c of said der-rite rcal er atr:. e. S,h :T 1^ SJS'T' : CS.DF ...., Tont the'naid /:.on P. 'ta-'rr, a • Id7inIctratrIo O. znid E3 to C, , rrceltc, 1, r ' r •• i v rr dr c ., c a!d Donald n c >: . - rr j Co .cc , - t . . , r ' F r : o r- r and o ,, .. .t r 1 , �" ,• • KT��•(. I dpi Y - k.Y."r'�•• ,.:3.:, T `£ •aa b.w'r.4:,•,,,„,„,,-,..,.-,,,,,':r ' h• > A•ir,,, 441411A4-,•ry•w _ >A' r'-.* ' n. w. " it.it 4.0.,../1--,-, P x Vr Wry{'.? + >✓`4z. 1 c •[ mM�,4' •t. .TMs 'rdti. 4 4314 xT h L i ' S3'{.e s� SSY -flit •1 :_ _. lyre. --• , �R -• gym u.. � . . aaod413 ractbiU � , s ire.'' ra r a Now, Tilt:ltb:FOlt6, This Indenture \''itoes•eth, That the said part1 of the first purl in , q'e., . consideration of the premises,and the further consideration of the said sum of . p -r r•r- '•.. ' '-,- t and CC/, ___ -___ E i t 'l..- u. ___ Dvllnrs, • t S t.....h 5:...h in hand paid hr the snit!parL_• of the second fart the receipt of wide!, is flirt Ii' a ku nI. t )y edged,ha ' sold and conveyed,and by these presents do: F.,. ..,sell and convey unto the said port . .., p f — gl, of the second part,....h heirs and assigns,all the right,title,interest and estate of the said as if sold or conveyed by h.:..... •during _ a "' 1 h lifetime•aftor'ayrfsiug:at li,X_':majorityi•at atime.wheL..'!;:he':ii'eai-anentall.r oompetent in nud 1 I' e to the follow in t;:ci.cr.ili:ed real estate,situate,Iy my and being in the County of , ..i-'. _.. and State of Colorado. Io-wiL J' a � l_ � I • f ! ,r;.:-;^'.:- debt C:. art T •. r. e j yy «.t i r. TO HAVE .1ND TO IIOl.D TIIF.SAME, with all the appurtenances therennto belonging,or in any- I wise apper:a inin . to :he proper use, benefit and bel:cof of the said part ' ..of tIe seend part. o ,,;. .....h 4.:.f..heirs and assigns forever t i _v i t - T' T\\\l['NESS t\IiF.ItFOF,The said part___.._of the first part,as..... ' -` - " - -1 I of said estate as aforesaid,ha.- :...hereunto set h e.:..•hand and seal the day and year firs: gat" he vu n c T Wettell. - • //,,-- j• _ .•:.., (NN 1-GC../✓r.�• itZ�Q�._.($I:AI.'. a \R the "'' .. id Pv 1_.. n'_.. r f. - -� 'F.rsse aecorJing to fast . - - _ . . - r. - eueu%:.141:i am 511 ',it'll nl'rntill:\le, - 1k.fame n_In•vo ay.,, u,.vtn... rvlvI 1.•f r. im th'• .I.y n. - .Jan .I.) _ •r. . .L n, nrtaee•tateer .. r'.. ' ...7.-__ ]C,IJ4R10iL711tilta NAY t t C 0 i:` , R IC*ESS ri�,Y band and official •.-nl.J. /// / / / l [ U Clerk Of th.-• CO ^Ly ourq,4" . . Weld 'Count y• :oloc•do •- L _1.1.:.r.- ,rink of the County Court of the Counri an.:State afore•ai•1.do hereby certify the within and fartruinz to be a true. perfect and c..mp:ete copy of order ronfirmic: taY in the matter of the E•tnte of .` ' r1/4Minor•ed. Mental 1t ornp 4:e.[. 1' RITNFSS wiiERE0F.I have Inert...t my hand ands is he....a;ef iald('our:thi, _ .. /7' i l • /7` "rat,f.�t�t1 t - It..._ — I I. E E .--- 'I ..- f f: ,� 3 r _11 �J t _rl . f 4. • tr. ir Q .3 \\\13 ' k A .., ,-:....., .,.. .., f to . ,O , : . ,u, t .„ , . ...,. .._ . = _ ( Va y\^\' i., li �' Cfl t y • • B 1232 REC 02179781 05/16/89 16,15 $6.00 1/002 ' AR21797a1 F 1524 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO " QUIT CLAIM DEED THIS DEED,Made this 15th day of May .19 89. between Donald Winder of 12002 Highway 392, Greeley, 80631, - ;� \ .I of the 'County of Weld and State of Colorado,granlorlx and Marie Winder whose legal atrtuls 12002 Highway 392, Greeley, 8063) of the County of Weld and State of Colorado,grantee(g WITNESSED I.That the grantor(g for and in consideration of the sum of • other valuable consideration and Ten DOLLARS the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do esemise.release,sell.convey and QUIT CLAIM unto the grantee(at her heirs.successors and assigns. forcer, all the right, title. Interest, claim and demand which the grantor(sg has in and to the real pmpeny, together with improvements,if any.aimve,lying and being in the County of Weld and State of Colorado.described as follows: Description is attached hereto as Exhibit "A" and made a part hereof by reference. • • • lilIANNRkot'f(9elet*IfRidXlt'x. a TO HAVE AND TO HOLD the same,together with all and singular the appwtensncea and privileges thereunto belonging or in anywise thereunto appenalning.and all the e,tate,tight,title,Interest and claim whatsoever,of the gnnmrts),either in law or equity,to the only proper use.benefit and hehoof of the gnntee(*f her heirs and aligns forever. IN WITNESS WI IER COP,The*runway hag executed this deed on the date set tffonnthhabove. (I dop Donald Winder STATE OP COLORADO, lsa. Coumyof Weld 11 The foregoing Instrument was ackmwledged before me this 15th day of May ,1999 . by Donald Winder448'44 LIIwAlki4R1144, -• ` ��rr 3^\\- V ,W .Witten my hand and official teal.tt 21.• N ;N.�a fire ' -, ;\ ;1QBLI�• ; o • Mulary holm OP cote,�' • I 'If in Denver,'Insert City and." Na.933.Rees 389. purr CLAW osm---__.___ '`9 &Sled..NtWy.170 Won Si..Omer.CO a0202—0031M-250J—n to • B 1232 REC 02179781 05/16/89 16:15 $6.00 2/002 F 1525 MARY ANN FEUERSTEIN CLERK S RECORIPXR WELD CO, CO EXHIBIT "A" An undivided one-half interest in and to: The W1/2 NW1/4, E1/2 W1/2 Section 19, Township 6 North, Range 66 West of the 6th P.M.; also that land in Section 24, Township 6 North, Range 67 Weet of the 6th P.M. east of a line beginning at a point on the north line of said Section 24, 310 feet west of the northeast corner of said Section 24; thence south 1472.5 feet to a point on canal bank; thence northwesterly along canal north 65 dog. 51 min. west 167 feet; thence north 56 deg. 16 min. west 142.5 feet; thence north 76 deg. 14 min. west 103.5 feet; thence north 49 deg. 3 min. west 98 feet; thence south on a line parallel to the east line of said Section to the south line of said Section at a point 756 feet west of the southeast corner of said Section; containing 349 acres, more or less, according to the U.S. Government Survey thereof; together with 4 shares of stock of The Windsor Reservoir and Canal Company; 13 1/2 shares of stock of the New Cache la Poudre Irrigation Company; 22 shares of stock of the Cache la Poudre Reservoir Company; 1/2 share of stock of Rouland Lateral Company, and 250 acre-feet of water allotted from the Northern Colorado Water Conservancy District, and together with all wells and equipment used for irrigation of said land. • t.. • 1 • • • `AR2225318 B 1271 REC 02225398 08/30/90 11:10 >10.00 1/002 F 1756 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO Recorded at O'clock M., Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made this 5day of O//vied_ . 1990, between Donald Winder and Marie Winder grantor,and Wonald Winder and Marie Winder, As s Trustees for the Donald Winder LOVING• TRUST and the Marie Winder LOVING• TRUST, dated August 25, 1990,whose street address is 12002 Highway 392, Greeley, I- County of Weld, State of Colorado,grantee, WITNESSETH,That the grantor, for no consideration but the convenience of the parties has remised, released, conveyed and QUIT CLAIMED,and by these presents does remise, release,convey and QUIT CLAIM unto the grantee, his heirs and assigns forever, all the right, title,interest,claim and demand which the grantor has in and to the real property together with improvements, If any,situate,lying and being in the County of Weld, and the State of Colorado, described as follows: E 1/2 of Sec. 24-6-67 and W 1/2 of NW 1/4 Sec. 19-6-66 and E 1/2 NW 1/4 and the E I/2 of SW 1/4 of Sec. 19-6-66 also known by street and number: NONE TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging,or In anywise thereunto appertaining, and all the estate, right, title, Interest and claim whatsoever,of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WITNESS the hands and seals of the Grantor. Attest: 4 • \C. R 4i • 1 B 1271 REC 02225398 08/30/90 11:10 *10.00 2/002 F 1757 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, Co STATE OF COLORADO COUNTY OF DENVER ss' • The foregoing quit claim deed was acknowledged before me on g-a.5-Cf/9 ,by Donald Winder and Marie Winder. Witness my hand and official seal. µ0 " fret •1' "o--0- t,s,;\ /4 Da:hSl 4898 expires: 57-/i- 9 3 S • i • • • • I, a • SOIL SURVEY MAP -64 33• ,„.� a+rii k `„ �F. 32.. sr�i..{ 6 648 tr 2 b . LATEa .L" ( ..� 64 a adz I . _. 7 ,a ,.,p 4.,� 47 7 3 32 I _ �'�47 'F 64 c apti Ili 53 A ELOPE e 32 HILL i) 61 61 . • n ' .. .�: . 32 j 1 1352 • El37 r q. AR 52 52 paUL 521 r a„ 'xi,„°,�, M1732 13 .(AP's i.',o 32 �• r 37 `:. e . , 32 32 47 _ 32 33 47 33 .` , .°0 g 3: s a;, c 04 52 ‘. 33 lk t' 32 , ti47 .., no. 2iti x . 11 i X32 CREELEY {y_, i�.�. �33 j 32 e• \ a • • 32 24 33 194 .. . 53 3 32 33 47 47 & 2 .°.. t 40 • 48 33 33 + Oil • Ro 47 e 41'610 fi Vl 32 :�ti »„ - 51 , 1 t} ��. a =� + x ' .w ..x„�. _ '�, °r. � trot 29 25 w ,. 3d `A 46 31 2 `) EXHIBIT 50 _ �T 51 .. 32 , M + • • POTENTIAL PRIME FARMLANDS WELD COUNTY, COLORADO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE BOL MAP UNIT NAME * 1 ALT)IAN LOAM, 0 TO 1 PCT SLOPES * 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES * 5 A CALON SANDY LOAM, 1 TO 3 PCT SLOPES 2* 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES * 9 ASCALON LOAM, 1 TO 3 PCT SLOPES * 11 BRESSER SANDY LOAM, 0 TO 1 PCT SLOPES * 12 BRESSER.SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES 15 COLBY LOAM, 1 TO 3 PCT SLOPES * 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES * 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPES * 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES * 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT'COLLINS LOAM, 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES * 30 JULESBURG SANDY LOAM, 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES )t32 KIM LOAM, 1 TO 3 PCT SLOPES * 39 NUNN LOAM, 0 TO 1 PCT SLOPES * 40 NUNN LOAM, 1 TO 3 PCT SLOPES * 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES * 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 3447 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES X 50 OTERO SANDY LOAM, 0 TO 1 PCT SLOPES 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTERO SANDY LOAM, 3 TO 5 PCT SLOPES * 54 PAOLI LOAM,. 0 TO 1 PCT SLOPES * 55 PAOLI LOAM, 1 TO 3 PCT SLOPES 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 ULM CLAY LOAM, 3 TO 5 PCT SLOPES 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES * 78 WELD LOAM, 0 TO 1 PCT SLOPES * 79 WELD LOAM, 1 TO 3 PCT SLOPES * 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES 82 WILEY-COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 83 WILEY-COLBY COMPLEX, 3 TO 5 PCT SLOPES (more) 61 Hello