The URL can be used to link to this page

Browse Search

Home My WebLink About991056.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING REVIEW OF CONDITIONS OF APPROVAL FOR RECORDED EXEMPTION #2430 - SCHNEIDER 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, on March 25, 1999, the Department of Planning Services approved Recorded Exemption #2430, for property which is located in part of the SE% of Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, to divide the property into parcels estimated to be approximately 14 acres and 3 acres, respectively, with Conditions of Approval, and WHEREAS, the request to the Board of County Commissioners for review of Condition of Approval #2.B for Recorded Exemption #2430 was submitted by William and Cheryl Schneider, 2137 21st Avenue, Greeley, Colorado 80631, and WHEREAS, after reviewing Department of Planning Services staff concerns and hearing the testimony presented, the Board deemed it advisable to amend Condition of Approval #2.B. of Recorded Exemption #2430, as follows: A 30-foot wide joint access easement extending across SE #758 from Weld County Road 35, for the benefit of both Lots A and B, shall be clearly shown on the plat. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #2.B. for Recorded Exemption #2430, for property owned by William and Cheryl Schneider, be, and hereby is, amended as abovementioned. 991056 CC' . Pk ach17e , dP RE2430 AMEND CONDITION (RE #2430) - SCHNEIDER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LW COUNTY, COL RADO ATTEST: Dale K. Hall, Chair Weld County Clerk t. i qi . , /Nt _' ar era J. Kirkmey ,, P o-2-7BY: . ' E �•s! . 2�.''r A� ` Deputy Clerk to the mq�f x l T _ __ Geo a E. xter AP D S TO FORM: 7,� h/2 _ LL1 _ t 'ttorney i Glenn Va�dr-- 991056 RE2430 fi ( MEMORANDUM wilgeTO: Board of County Commissioners May 7l 1999 COLORADO From: Julie A. Chester, Lead Planner ��„ SUBJECT: Change to Conditions of Approva'tTor RE 2430 On March 25, 1999, the Department of Planning Services' staff approved Recorded Exemption 2430, with conditions. A portion of one of the conditions of approval (2.B.), cannot be met by the applicant. More specifically, Lot B of the Recorded Exemption needed to obtain it's own access along the Union Pacific Railroad Right-of-way and also cross the railroad tracks to the parcel. Historically this parcel has utilized this access, however, there was never an access easement agreement in place. The applicant was not able to obtain this easement agreement and is requesting an alternative access. The applicant is requesting to cross the SE lot and Lot A of RE- 2430 (see map with application) and construct a new road for all three lots with only one access to WCR 35. Jay Freese, Surveyor for the applicant, has indicated that there is adequate space between the Union Ditch and the Railroad right-of-way to construct a road to serve all three lots. This change is contrary to what was originally approved by staff and it was determined that the Board of County Commissioners should evaluate this change. Staff is requesting the Board consider the change of the access for RE-2430. Thank you for your consideration in this matter. /6ttril Wi`P 0 DEPARTMENT ERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: William Schneider Case Number: RE-2430 Planner: JAC Legal Description: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, CO. Parcel Identification Number: 105702000088 Lot C Size: n/a Lot B Size: 14 +/-acres Lot A Size: 3 +/-acres Water Source: Central Weld County Water District Sewer Source: Septic System Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 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. A 30-foot wide joint access easement extending across SE-758 from Weld County Road 35, for the benefit of Lot A, shall be clearly shown on the plat. Lot B shall obtain it's own access, south of the Union Pacific Railroad Right of Way and not utilize the joint access across Lot A and the Subdivision Exemption lot, as originally proposed. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. The joint access easement shall be dedicated for the use as shown util zing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. C. In accordance with Weld County Public Works Ordinance #180, Lots A and B shall be granted one residential/agricultural access. No circle drives or additional accesses shall be granted. The access will be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. These roads will be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. E. The applicant shall contact the Union Ditch Company (Gary Alles, President @ 970/339-5272) aid make a good faith effort to address the concerns of the Ditch Company. Evidence of such efforts shall be submitted to the Department of Planning Services. If such agreement includes an access and/or maintenance easement, such easement shall be delineated on the plat and an easement certificate utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance shall be included. F. The applicant shall attempt to address the requirements of the Town of LaSalle as stated in a referral response received March 8, 1999, and submit evidence of such efforts to the Department of Planning Services. G. The applicant shall indicate on the plat, type of right-of-way or easement, dedicated, private or by a deed to provide adequate access to the parcel. Section line accesses are considered private lanes. with no county maintenance. H. 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. 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 issuance of a building permits on Lots A and B of the recorded exemption, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits on Lot A and 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. 6) 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 169k 7) 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 he 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. 3. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to he urban scale development. Urban scale infrastructure may be required. 4. 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 ' - - Date March 26. 1999 Julie A. Chester + Current Planner WELD COUNTY,COLORADO DEPARTMENT OF PLANNING S"VICES -- PLEASE TAKE THIS SLIP TO THE FRONT DESK -- DATE 9 RECEIVED FROM ��J NO. TYPE FEES 22 4221 -ZPMHIMHZPIZPAO 2/ CD 4221-UST 4221-SITE PLAN REVIEW 4221 -COZ 4221 - UB 4221 -S SUBDIVISION 4221-MOA -- -�- 4221 -MINOR SUB 4221 FHOP/GHDP �. 4221 REPLA7 6560 RECORDING FEE 4430-MAPS/PUBLICATIONS -■ 4730-INVESTIGATION FEE 4430-POSTAGE/HANDLING ON-CALL P . NER � L !' (J4p/ �� CASH Q CHECK N0:_ TOTAL RECEIPT Freese Engineering ENGINEERING CONSULTANTS MAILING ADDRESS:BOX 913 JASPER"JAY"FREESE OFFICE:1523 6th Avenue REGISTERED PROFESSIONAL ENGINEER GREELEY,COLORADO 80632 REGISTERED LAND SURVEYOR PHONE:(970)352-0100 May 5, 1999 Ms Julie Chester Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 SUBJECT: Proposed Recorded Exemption Part of the Southeast Quarter, Section 2,Township 4 North,Range 66 West. On May 4,I made a physical inspection of the proposed Recorded Exemption site. At the narrowest point of the Recorded Exemption the Union Ditch is approximately 18 feet wide. Allowing for a 40 foot right- of-way this would leave a requirement of 11 feet on the south side of the ditch. My measurements indicate that there will be adequate space to construct a 30 foot access road to Lot "B"of the Recorded Exemption and not infringe upon either the 40 foot ditch right-of-way to the north or the 150 foot right-of-way of the Union Pacific Rail Road to the south. If yo +•is Ys please contact me. x it" atb ' y it i tt a 3 a i, a (; * 4 J q ," ./ Weld County Planning Dept. !IAY 05 1999 RECEIVED JF: 1999-20 Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 April 29, 1999 C O 4).)7 Mr. Gary Alles, President Union Ditch Board 26285 WCR 47 Greeley, CO 80631 RE: RE 2430—Requests from Weld County Planning and Zoning Department Dear Mr. Alles: Thank you for organizing the April 28, 1999 afternoon meeting with the Union Ditch Board members at my farm site. It was helpful for me to explain and for everyone to visualize what effect Weld County's granting me the right to have one additional agricultural-zoned acreage on my farm would have on the operation of the Union Ditch. At the same time, everyone could see that the placement of my access road will not interfere with its ability to deliver water, but in fact, may enhance your ability through easier access to parts of the ditch where there is now no access by road at all. I heard no one voice any concerns that the Ditch Company would be losing its ability to maintain the ditch or that I would infringe on any of the water rights of the Company. I did hear a couple of the members on the Board voice the desire to demand that a fence be built along my agricultural- zoned land. I would have no problem with that if it is the Ditch Company's policy that all agricultural-zoned land next to the ditch be fenced and then is fenced. I have noticed,however,that some farms do have fences, while many do not, even where the ditch goes through the farm yard! Rather than having a policy of demanding that fences be placed on agricultural-zoned land, and in an attempt to protect the Union Ditch Company from having to assume responsibility for safety issues surrounding the ditch,it would seem to me to make more sense that the responsibility should be placed on each landowner by their being allowed a choice of either installing a fence or not. I would suggest that the Union Ditch Board pass a resolution to the effect that all the agricultural- zoned farm land that has boundaries on the ditch be granted permission to build a fence at their discretion next to the ditch right-of-way.That way,it makes the landowners responsible for fencing and each agricultural landowner along the ditch can determine whether a fence would be an asset or liability on his land. Gary Alles, President Union Ditch Board April 29, 1999 Page 2 With that in mind, this letter is to formally request that at the next Board meeting, you obtain, permission from the Union Ditch Company for me to have the right to build a fence next to the ditch right-of-way. I would further request that this permission run with the land for my benefit, and for the benefit of my heirs, and assigns forever. Thank you for your consideration of this matter. Sincerely, Jack Schneider `61: Julie Chester, Weld County Planning and Zoning Department Enclosure Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-804:3 April 21, 1999 O Mr. Gary Alles, President Union Ditch Board VVV 26285 WCR 47 Greeley, CO 80631 RE: RE 2430 requests from Weld County Planning and Zoning Department Dear Mr. Alles: As a follow-up to our telephone conversation of April 20, 1999 regarding the concerns of the Union Ditch,I am writing this letter of understanding. I am also including a statement to me from the Weld County Planning and Zoning Department requesting that I address your concerns. Further, by this letter,I am formally inviting you and your Board members to visit my property any time during the next week (April 26 through April 30, 1999) to further our discussion of the concerns you have voiced. I will be happy to meet with you and your board members any time during daylight hours during that week. It is my understanding that the concerns of Union Ditch are as follows: (a)a fear of people dumping "stuff'in the ditch;and(b)that you do not want buildings erected that would interfere with the ditch company's ability to clean the ditch. I am enclosing a copy of the deed by which the Union Ditch purchased a 40'strip across my land for the purpose of maintaining and operating your ditch,together with"a strip of land on the north side thereof,and as narrow as possible,being sufficient to hold the dirt removed and to be removed from said ditch." As far as I can tell, the ditch company has always stayed within their boundaries and there has been no need to access the ditch from the south side. If something has changed, I am willing to discuss your needs south of the ditch at the proposed meeting next week. As far as I can see, the ditch company's concerns can be very easily resolved. Having been raised on an irrigated farm, I fully understand the plight of the farmer with regard to ditches. I can assure the ditch company that the historic ability to maintain the Union Ditch and its water rights will net be changed at all by my proposal. Gary Alles, President Union Ditch Board January 18, 1997 Page 2 I look forward to meeting with you and the other Board members as soon as possible to address your fears and concerns. Please contact me at either 352-1212 or 353-1063 to set a time for the proposed meeting at my property site. Thank you for your consideration of this matter. Sincerely, Jack Schneider c: Julie Chester, Weld County Planning and Zoning Department Enclosure WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET,SUITE 760 STOW L. WITWER,JR. CHARLES A. KAFOWSKY R. SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J. BARRY JEFFREY T. BEDINGFIELD (97O)3523161 JACQUELINE JOHNSON FACSIMILE(97O)352 3165 PATRICK M.GROOM Weld County Ranrnng Dept. February 26, 1999 MAR 01 tgg9 RE-et" VIED Julie Chester Weld County Department of Planning Services 1400 North 17111 Avenue Greeley, CO 80631 Re: Schneider RE/SE Part of SE 1/4 S2, T4N, R66 W Dear Julie: I am writing this letter because I was unable to schedule an appointment with you before I left on vacation, and I was not sure of your time frame with regard to the above referenced land use application. The purpose of the letter is to identify a number of issues which should preclude the administrative approval of the application. We represent Miller Feed Lots,Inc. ("Miller"), whose property is located directly south and east of the proposed subdivision exemption and recorded exemption. Miller strongly objects to application for numerous reasons. First, the prevailing winds, particularly in the summer months, blow from the feedlot across the Schneider parcel. The planning staff and the County Commissioners are well aware of the problems that arise when urbanization occurs around existing agricultural operations. Miller is extremely concerned that permitting development at this site could affect its ability to operate the feedlot. Regardless of the care used by Miller to control dust and odor, it is impossible to completely eliminate either. The construction of three new residences on this parcel will inevitably lead to complaints about the feedlot. Second, it is possible that this application is preliminary to a request for a more intensive development. The Schneiders purchased the parcel together with an additional parcel lying north of the Union Ditch on December 18, 1998, for Eighty Nine Thousand Nine Hundred Dollars ($89,900.00). Four days later,they deeded the property lying north of the Union Ditch to Curtis L. Radman by quit-claim deed for nominal consideration. It appears highly likely that once the door is opened for residential development, the county will be asked to approve an even more intense WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Julie Chester Page 2 February 26, 1999 development to the north,thereby increasing the potential problems for Miller's operations. Indeed, when Jim Miller first inquired about Mr. Schneider's intentions for the property, there was an indication that a significant number of homes were anticipated. In addition, the proposed access to the parcel does not appear to meet county standards. The application shows a long road located along the south side of the Union Ditch. There does not appear to be any consideration given to the Ditch right of way, and it is not clear that there is sufficient room for an adequate and safe road at the narrowest portion between the Ditch and the railroad, considering the right of way of each. Furthermore,there is a concrete ditch at that narrow portion, and the applicant has not indicated how the road would cross it, nor has the applicant addressed the design problems created by the terrain. Miller owned this parcel at one time and would dispute the applicant's assertion that it is not prime agricultural land. It is also inaccurate to represent that lots as proposed by the application can function as "mini-farms". With no water available for irrigation,the potential for erosion and weeds is great. Finally,the proximity of the Union Ditch on the north and the railroad on the south make this parcel a poor choice for residential development. For all of the above reasons, Miller Feedlots, Inc. urges you not to give administrative approval of these applications for a subdivision and recorded exemption. Yours very truly, WITWER. OLDENBURG, BARRY & BEDINGFIELD, LLP Jacqueline Johnson vle pc: Jim Miller DEPARTMENT OF PLANNING SERVICES re a Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100,, Ext. 3540 wilk Fax (970) 352-6312 COLORADO February 10, 1999 William Schneider c/o Jack Schneider 2137 21st Avenue Greeley, CO 80631 . Subject: RE-2430 - Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Schneider: 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 LaSalle Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the LaSalle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Town of LaSalle at 970-284- 6931, for further details regarding the date, time, and place of this meeting If you have any questions concerning this matter, please call me. Sincerely, / -„ GLEy Julie Chester Planner FIELD CHECK inspection date: 3/12/99 CASE NUMBER: RE-2430 APPLICANT: William Schneider LEGAL DESCRIPTION: Pt of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 35, approximately '/z mile south of WCR 394 Zoning Land Use N A (Agricultural) N Several residences, Union ditch, Ag, oil and gas E A (Agricultural) E 2 residences, Ag S A (Agricultural) S Feedlot (Miller), Oil and gas, Ag W A (Agricultural) W Ag COMMENTS: The property is vacant land. There is a large feedlot to the south- east (Miller Feedlot, no USR) It appears to be a natural split. - (-)(e L Julie A. Chester, Lead Planner Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 April 21, 1999 Julie Chester Current Planner Weld County Planning and Zoning Department RE: RE 2430—Requesting a change in Condition of Approval Dear Ms. Chester: I have run into a problem while attempting to meet Condition of Approval Item No. 2b which states in part, "Lot B shall obtain its own access, sough of the Union Pacific Railroad Right of Way and not utilize the joint access across Lot A and the Subdivision Exemption lot as originally proposed." I have contacted the owner of the land directly south of this property, Mr. Collin Halfwassen, Principal in Agricultural Products, Inc., 777 E. Wisconsin Avenue, Suite 3380, Milwaukee, WI 53202-5302, Telephone 217-351-8261. He has stated that he is unwilling to give me a recorded right-of-way for access to my property. I have further requested that Mr. Halfwassen provide me with a letter denying access, however, I have not yet received this letter. In order to avoid lengthy and costly court litigation to force this issue, it is my preference to build a road south of the Union Ditch to provide access to Lot B of my property. Therefore, I am requesting that I be allowed to access Lot B through the internal road as originally requested For your information,I measured the narrowest point between the Union Ditch right-of-way and the Union Pacific Railroad right-of-way to be 55 feet. This would allow room for the proposed 30 foot road/utility easement. After discussions with Bucklin Equipment,it is my understanding that a stable structurally sound road can easily be established on the proposed area. Sincerely, Is ji0j !f k Schneider le 'EPARTMENT OF PLANNING SERVICES Weld County Adm:,,,0trative Offices, 1400 N. 17th Avenue, Dept Phone (970) 353-6100, Ext. 3540 - Fax#(9A 3' �� 9 APPLICATION FOR RECORDED EXEMPTION FEB 0 5 1999 Application Fee 9c,b . /01 Receipt Number C ACca Recording Fee �A�Receipt Number t ' Application Checked By E( _ Planner Assigned to TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Veld fount, Board of Count/ Commissioners. (ct 1 J c -1 / 3ec1jp iCJ1 ..0L pl./iyi Resist 6W Legal Description:( Set A+b -cL ) Total Acreage: lq Zoning A qa _ Parcel Number: 1 5I Z O1 0 DO O (12 digit number - found on Tax I.D Information or obtained at the Assessor's Office).ti 0 5704.00003:Z Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No A Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No )( ; Airport: Yes _ No X : Geological Hazard: Yes NoA FEE OWNERS OF PROPERTY LA)•Il,av-A S _5( kyle, Name: C \ A Sc-Lnvie t� nod ve- Home Phone#-J D 3'5641 Work Phone# 351-1112 Address: "Li 31 1 ( st A City``/State/Zip Code G✓eeVeic C0- 234231 - Applicant or Authorized Agent: -3ACt< Schvrek\arr Phone# 3 > t )21Z Address: 1i 37 21 anuQ City/State/Zip Code Co✓ect -ej C, SCL3 \ _ Name: Home Phone# Work Phone# Address: City/State/Zip Code _ Larger Parcel Smaller Parcel Smaller Parcel SG- ht Applicable only for 3 lot Reevr semption Water Source C;.1 w 17 C wad cu..) Type of Sewer Sep�il/ leo.)t'Oa Sepk;c/ !ea L / .IJ Sefib( / lead, 1;4 Proposed Use 4pne/w hg u1C ELsie 4 ,144btue Haw€ Lv.Th /15X 4� Acreage _ z ILIAL2r'S pit .34cae5 -.L '31\0(3.S� Existing Dwellings N U, No Pl C Yes or No Existing Dwellings Address (if applicable): Larger Parcel 11/4- Smaller Parcel It /A- Smaller Parcel (applicable only for 3-lot Recorded Exemption) N I/i- — I hereby state that all statements, proposals, or plans submitted wit his application are true and correct to the best of my knowledge. Rev: 1-27-97 ature: Owner or Authorized Agent 5 Question Answers for Requested Recorded Exemption and Subdivision Exemption Request for Adjustment of Property Lines 1. (a) See letter from Central Weld County Water District stating that three water taps are available to be purchased to serve the property with water. (b) Irrigation water. There are currently no water rights with any of the proposed lots. 2. None of the proposed lots have septic systems. The soil survey shows that Julesburg Sandy Loan soil on these parcels are generally favorable for septic tank and absorption fields. 3. The land is currently used for alfalfa production. Irrigation water is only available by renting water from neighbor if he has excess. None of the land is considered prime according to the Weld County Comprehensive plan due to the erodability of the soils. There are currently no animal confinement facilities on these parcels. There are no oil well structures, and property will probably never have any because of the location on the section. The property lies just south of the Union Ditch and North of the Union Pacific Railroad. 4. Each lot will be used as a mini-farm with alfalfa growing potential and/or pasture for grazing. There are currently two separate parcels of land. The subdivision exemption requested is to adjust the lot line of the smaller parcel so that the lot is 2.5 to 3.0 acres in size and is aligned in such a way that only one access is required to WCR 35 for all of the lots. The requested recorded exemption removes a three acre parcel that is separate from the larger parcel of 14 acres. Each parcel can function on its own as a mini-farm in this alignment. This request improves the functional use of the land and creates parcels of land that can be effectively utilized as agricultural zoned acreage. This request, if approved, can help meet the demand of Ag zoned acreage without hindering prime agriculture of Weld County.. The owner is willing to put a deed restriction on the lots created by this request that states that these lots cannot be further subdivided until the year 2075 or until the land is annexed, whichever occurs first. Request for Recorded Exemption in Conjunction with Subdivision Exemption Page 2 5. The property is located west of LaSalle on WCR 35 north of Union Pacific Railroad spur line and south of the Union Ditch. 'The size of the existing parcels are approximately 19 acres and 1 acre. The surrounding area is currently mainly utilized for agricultural production, with several smaller acreages to the north on WCR 35 and also on WCR 394. 6. The reason for the current configuration is that the lateral of the Union Ditch forms the northerly boundary while WCR 35 is the east boundary and the Union Pacific Railroad forms the southern boundary. The land in question sets above the flood plain of the South Platte River. 7. The anticipated newly constructed homes will meet minimum set-back requirements of Ag zoned property. 8. When considering the current vegetative growth and the size of each proposed lot, this; area would not be conducive to a conservation easement. 9. Since Lot A, B and SE are approximately 3, 3, and 14 acres respectively with limited agricultural use, and when considering set-backs from the road on the east and the irrigation ditch on the north, a building envelope on these parcels may not be required. 10., 11., and 12.The proposal,to the best of our knowledge,is consistent with Weld County Comprehensive Plan and Municipal Plan in that it will not have an impact on "prime' agricultural land and it fits well into the surrounding area. The area has available municipal water, natural gas, telephone and electric service. Many of the farms in the area have converted their existing farm yard to rural acreages.There are already several acreages in the area, to the north on WCR 35 and several small Ag zoned acreage on WCR 394 with all the services in place. 13. This request for a recorded exemption in conjunction with a subdivision exemption is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3 in that: (a) Through the application and review process the county and applicable municipal planners with the applicant shall contact, collect and discuss issues to ensure that: 1) orderly and integrated development occurs; Request for Recorded Exemption in Conjunction with Subdivision Exemption Page 3 2) health, safety and general welfare issues are satisfied; 3) it will conform to subdivision requirements of the county and municipalities (if applicable) through contact with agencies so that all standards are met, which will safeguard the interest of public, the homeowner and subdivider; 4) the county and municipality do have guidelines and procedures during the application process to ensure equitable handling,and to meet safeguards,design standards, and so forth. - (b) The applicant to the best of his knowledge believes that: 1) This property does not have any wooded terrain nor is it in the flood plain nor does it have any other geologic hazards known to be a deterrent to an agricultural zoned acreage. Wind erosion could be a problem but can be easily controlled by keeping vegetation cover on open areas (the land is currently planted to alfalfa). There is no natural vegetation currently on the property as it is currently used for minimal farming. There is no water rights with the property, only a verbal agreement with the neighbor to utilize water. 2) The proposal, if granted, will not harm the agrarian use of the area nor will it contribute to the pollution of surface and subsurface water. 3) The approval will not affect the future development of schools and parks in this area. r C0 20 REFERRAL LIST NAME:William Schneider CASE NUMBER: RE-2430 REFERRALS SENT: February 10, 1999 REFERRALS TO BE RECEIVED BY: March 3, 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 __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: _X LaSalle West of 1-25 (Loveland) __Lochbuie _East of 1-25 (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 __Severance Galeton F-6 __Thornton Hudson F-7 __Windsor Johnstown F-8 _X 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 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-1 West Adams Ginny Shaw(MUD) _X Ditch Company-Union COMMISSION/BOARD MEMBER • Weld County Referral February 10, 1999 CO t ' AD • The Weld County Department of Planning Services nes received the tollOwir)a item tor review: App/ivaut William Schneider Case Number fit-2430 Please Reply ay March 3, 1999 Planner Julie Chester Paved Recurded ExerPtion • ............................ .____._._._�— / n Legal Val t of the 3E4 of section 2, T4N, R&M of the OM P.M., Weld County, Colorado. Luoatiurr West of and adjacent to INCH 35, approximately Yx mite from WCFH 394 ,. .....Paiute Number 7057 02 000008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to U ila request would be appfectated. Please reply by the above listed date so that we tray give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive respurtse W We Department of Planntng Services. It you have any turther questions regarding the application, please call the Planner associated with the testiest. l..j We have reviewed are tewiest and lmnu teat it does/does not comply with our Comprehensive Plan We hemp reviewed toes leyuesl and Surd no cuntllcts with Our Interests. �..� Suit attached/attar. Corm-001)1N; Signature A7 Cr://5747 _ Agency / Aire Et'4-4 e l'o - ) i I Date OWard Guunly Mannino(dept. +140u N. 1 tin Ave eiuwiey,CU.80531 .6(970)353-6100 64.3540 x(870?352-6312 lax • 02/15/99 14 :58 TX/RX NO.4507 P.001 ■ rtiott din Weld County Referral 0 February 10, 1999 ' COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 Please Reply By March 3, 1999 Planner Julie Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately 1/2 mile from WCR 394 Parcel Number 1057 02 000088 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 De 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/lye have reviewed the request and find that it does/does not comply with our Comprehensive Plan L7 We have reviewed the request and find no conflicts with our interests. U See attached letter Comments: • Signature d _ a la:qq — Agency Date +Weld County manning Dept. •:•1400 N. 17th Ave.Greeley,CO. 80631 4(970)353-6100 ext.3540 •:(970i 352-6312 fax a lift ‘' Jig Weld County PianningWe/d County Referral O MAR 08 1999 February 10, 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 Please Reply By March 3, 1999 Planner Julio Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately % mile from WCR 394 Parcel Number 1057 02 000088 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 Plar ❑ We have reviewed the request and find no conflicts with our interests. 0 See agaeltakiletter. e rue .a•.�A0 Comments: 7-1t0. QC9t,;),, D. . `or. ArteX �� .r act,AL_iGta(esbn, ��'✓`,yyl •,•o. U, i�. (4t nan,oad a anted e '31 1L. ,uua /�i jL m- ., Signature a D.. . lx,7�.x ✓ /999 �� J '�l� Acid Agency r 37_37.272 Date +Weld County Planning /J Dept. +1400+�//, N. 17th Ave.Greeley, CO. 80631 ••(9/0))353-61000 e7x1.3540 +(970) 352-6312 fax /,-�" Q a .Ct Q nt, O ,,b �O eL(1. ,,,a. (U-lye- /�`v �4 (��C729 Qi�7pfC/`" �,,�' `'"' A. 2t.pt77 e (t,G ,,,7;:,- ,,,,,ta„,, Rc%,„ (f-Ltn/_,- Ci;.-- v cxmCY At-Mt., Ac ��fff ate_ .QP/1,-✓t/'✓///2��'Q{/^l[�. %� T-i i l J e cif 7,6.4 hi !1-e-yhot(.CC'' 04,,,,„%,-; t A ,.CON.- �t�ft�l4J a t z cif 2� 641.7ame a fOr %wo 4,4 Weld County Planning Dept Weld County Referral February 10, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant iNil;;am Schneider Case.Number RF 9430 I Please Reply By March 3, 1999 Planner Julie Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately 1/2 mile from WCR 394 Parcel Number 1057 02 000088 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 questio 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 Pier a We have reviewed the request and find no conflicts with our interests. U See attached letter Comments: Town of LaSalle requests that the owner put a deed restriction on the lots created by this request that states these lots cannot be further subdivided • until the year 2075 or until the land is annexed, whichever occurs first. Signature /1C1 /l/?,t-/LACE :, `77 _ Agency J?,10/L- /lA ?L& Date •:Weld County Planning Dept •:1400 N. 17th Ave. Greeley, CO. 80631 :•(970)353-6100 ext 3540 .:.(970, 352-6312 fax RECEIVED FEB 1 1 1999 f alon" PUBLIC WORKS OUNT DEPT Weld County Referral r ; 0 February 10, 1999 Weld County Planning Dept. COLORADO MAR 02 1999 The Weld County Department of Planning Servicethtreeiv_ed the followreview:item for V Applicant William Schneider RR Case E Number wi RE-2430 Please Reply By March 3, 1999 Planner Julie Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately '/ mile from WCR 394 Parcel Number 1057 02 000088 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. W See attached letter. Comments: Signature -4-- '- q l _ AgencyLA-kat-C. W _(1a%i> Date 4Weld County Planning Dept. 41400 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 (970'. 352-6312 fax MEMORANDUM ' TO: Julie Chester, Planner DATE: March 1, 1999 CFROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-2430; William Schneider The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 35 is designated on the Transportation Plan Map as a local paved road which requires 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. The right-of-way or easement shall be a graded and drained road to provide all weather access. The applicant shall indicate, on the plat, type of right-of-way or easement, dedicated, private, or a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. Both Lot A and Lot B shall share a joint access point. 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-2430 plan8 Planning Dept. Weld County MAR 0 2 1999 RECEIVED • • Road File# ,5.S RE: elV3-O Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 3 - I- 9 '3 933 North I Ith Avenue. P.O. Box 753. Greeley, CO 3063'_ Phone: (970)356-4000, Ext. 3750 Fax: (970`)352-2363 I. Applicant Name a�9CI< canoe; e,/ Phone 3 51— 1212/353 SW Address `1I. `j, 1 I " f .eku-Q _C'iity (preki e.y State Co Zip `,%3 1 2. Address or f ocatio of access rip®po✓os w %e�� \'1 W t Ie Set1N Dt 39V cw Lx 3 S(ju,� 5,,,-ii. n (Lott D,k/ Section WS: �y 2— Tou'n3hip Range _ Subdivision Block Lot_ Weld County Road = 3'i Side of Road Wed— _ Distance from nearest intersection V ScAM.n44.9$�i 3. Is there an existing access to the property? Yes X No_ = of accesses l 4. Proposed Use: "1 Permanent '$( Residential,'A=ricultural O Industrial O Temporary O Subdivision ❑ Commercial ❑ Other ***.*.*.nom..****.*********.....****...**....***At*.******..****..**.**.********************.**....*......* 5. Site Sketch , may Legend for Access Description: L14 �y ARC= Arzricultural 1 fl,'... a .=Ditch Road N � `f C/Rbs Access V ' S„5jec P"f crij . !71 c 7 7 teak• 3 OFFICE USE ONLY: Road 35 ADT / 7 7 Date 199/ _ Accidents A5 _ Date Road 39� ADT vdG Date i44/ _ Accidents //- — Date Drainage Requirement Culvert Size Length Special Conditions O Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 Weld County Planning Dept- g s 1999 Weld County Referral O .DIVED February 10, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 • Please Reply By March 3, 1999 Planner Julie Chester • Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately % mile from WCR 394 Parcel Number 1057 02 000088 • 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 ae 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. U See attached letter. Comments: ,s Lo-t ha e,c ` ,< �A Q_, )4--c t E3 ,��c ' .'�ti,�;<� has w� c�u e;d<.<. „ I/e l .111") 7 t.." :`;; Qf'f:4i.a. ...xa•ureat at-w-6 I`ll _�. C ./ilLo lK.c�! a. d..r-'r. r ,., <...� L..a ;.t.�a:d<...i.r,.: , 2. �.•l.d .4F:53 Signature ntakaa-1) 444-9 Agency (.O6.5 CO Date +Weld County Planning Dept. •'x1400 N. 17th Ave. Greeley, CO.80631 •'x(970)353-6100 ext.3540 +(970;.352-6312 fax Acstt,„ MEMORANDUM TO: Julie Chester DATE:February17, 1999 FROM: Sheble McConnellog, Health Department • COLORADO SUBJECT: Schneider, William CASE: RE -2430 Environmental Protection Services has reviewed this proposal;the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s)and shall be installed according to the Weld County Individual Sewage Disposal Regulations. sm/267 Weld County Planning Dept. FEB 1 8 1999 RECEIVED P/'Qr O 1`` jU'F�T.4G Ll RecorcV.rrc Cyew� -.j" ,,., w 't Sus d;01V Kkr�p-�rwl v.)r.......2/ , -f-Cv‘l AII *4PAt4 SE '/ a4 seeL2 .. -Tow r,s1,py65Ra.,be lobo c.c. 14 b*pNI. l7ivi N t)'C' U. P. -Co Esc eel- pavt yo ri p.y ur.ioN Di'�4 pi '14. ;x,1 F 0i-Ith Co4.,aM.F recoa'rn ,. v4\ C p x 30 7 pel LC' rfr � sE it)ff � 30 ht& 1.JE .o CS. A A"5oes �- N.\'oh IJ /J p Q-c ge'''e" l.�-- :==` W ,_; in \ 11 \ __.}1.Tyr , it �YVIDh Puy i :> ►5O' RP . b kcree ,,. :y, G ! �' t o -a-2-- .1 De? bft37l !''4,,', ''A*1 r3 .' s.-:, ::-)2, . !3., ;#,, s3. � � ei Scale I // 375 A AI i) Wca 1.---3�s� a • Road File 4 RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: _ 933 North I Ith Avenue, P.O. Box 753. Greeley, CO 30632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-'_363 I. Applicant Name 5ACR c sine... 3 51-- 1 2 i'7353- q`�Pv" Phone Address '1t '31 1 I '' &\N t-e u-e _City Grr.sje,. State S .Zip `l% 3 1 \ t, 0 1 r 1. Address orl�atiogof access r,�ppQQranw {eIo aµit (e s tibf3g W gaµ CK35LSWS�. Sa.,'f40 11 Uu,6., Qrfrh Section QttSERI, 2— To'sinShip Range_c7L Subdivision Block Lot Weld County Road = 3'S Side of Road We'f - Distance from nearest intersection '1l Sc.,µ,rI.tor R. ki _. Is there an existing access to the property? Yes X No__ = of accesses 4. Proposed Use: "if Permanent ' Residentiat'.Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other__ #*****x...x************i******.***.**************.*******.4<}:*****************************.*****—*****.* 5. Site Sketch SCI Legend for Access Description: ' I I A ARG= Argricultural i r sbt�'�W{ RES = Residential s:��.��s�. * O&G= Oil & Gas ' - D.R. = Ditch Road N `� � E/RE-45; Plc(esSS t\ .Vi=i.. ,,,t+L0 itefi�R.R f,,w,F, P' r 5 r��y � i nt ' 4$ 3 OFFICE USE ONLY: Road ADT Date _ Accidents _ Date Road ADT Date _ Accidents - Date Drainage Requirement Culvert Size Length _ Special Conditions i##**##}i}ixx#i*#*##*i#*4*#ii###****i*i*ti***####i##iii}###}iixiii*##i##*######i##i#*****###*x#*#**ii#***#* ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 • /^�'� �i6 IIIII kD) M lI�, �IIIIJJJ[III !°JIIII�II GCI5 2662095 12/21/1990 04:36P Weld County CO 1 of 2 R 11.00 0 8.99 JR Sukl Tsukamolo WARRANTY DEED THIS DEED, Made this 18th day of December, 1998 between Edward P. Campling and Kelly A. Campling of the County of Weld and State of Colorado, grantor, and William J. Schneider and Cheryl A. Schneider whose legal address is 2137 21st Avenue, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of EIGHTY NINE THOUSAND NINE HUNDRED AND 00/100, ($89,900.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the county of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Weld County Road 35, LaSalle, Colorado TOGETHER with all and singular the hereditament: and appurtenances thereunto D belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in I, RCA and to the above bargained premises, with the hereditament: and appurtenances. (� 1 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature Beaver, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set fo_ h above. E� Edward'y F. Camplin t: KAl / amyl g STATE OF COLORADO } } se. The foregoing instrument was acknowledged before County of Weld } me this 18th day of December, 1998 • by Edward F. Campling and Kelly A. Campling Witness my hand and official seal. My commission expires August 9, 1999 st/.c • zr: 4 '�GsV tG p� CJ NOTARY PUBLIC O? .t,�y :a,' 1113 Tenth Avenue No. 921A. Rev ,31Q5v /.y Greeley, Colorado 80631 S1A7E • 991313 R ESCROW NO. : 8045445 DATE December 17 1998 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Ditch. PARCEL 2: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad right of way by Decree of Condemnation recorded November 22, 1909 in Book 314 at Page 23. EXCEPTING THEREFROM that part conveyed to The Great Western Sugar Co. by deeds recorded October 24, 1912 in Book 365 at Page 373 and April 3, 1913 in Book 374 at Page 439. ALSO EXCEPTING THEREFROM that part lying North of the Union Ditch. PARCEL 3: A part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, described as follows: Beginning at a point where the North line of the Union Pacific Railroad Company's right of way intersects the East line of the said SE1/4; thence running West along the North line of said right of way, 750 feet; thence North 58 feet; thence East 750 feet; thence South 58 feet to the Place of Beginning. Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) William J. Schneider 1212 8th Ave. Greeley, CO 80631 11111111111111111111111111111 II11111111III 11111 IIII IIII 2662095 12/21/1998 04:36P Weld County CO 2 of 2 R 11.00 D 8.99 JA Sukl Tsukamoto • Order No. 8512674 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: SEP EXHIBIT "A" ATPATCHED HERETO • CONVEYANCES (if none appear, so state): ' Reception No. 1490147 .Book 568 Reception No. 1545200 ,Book 623 Reception No. 2210070 ,Book 1260 Reception No. 2315022 ,Book 1363 Reception No. 2428640 ,Book 1482 _ Reception No. 2662095 ,Book NONE .. . _ 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. tle and This abilityicafe is not tobe J constructed INSURANCE an Abstract of Title nor an opinion of COMPANY,is hereby limited to nor a the fee paiduarantee ifc r this the liability of Certificate. • In Witness Whereof, TRANSMATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 14th day of Decoder , 19 98 at 7:00 A rt. • TRANSNATION TITLE INSURANCE COMPANY Company, - By: �.�oraXaalhooA.... Authorized Signature • ri t_ NM' 31 19bg .,. ax r,a._ 1' 194314'a.._.....' ie.a,.i P4IIt' i —1 _ D U I T C L A I M DEED 1 7 The Opdyke Agency, Inc., a Colorado corporation, whose prig- , c+pal office address is 1018 8th Avenue, Greeley, Colorado, for the ,.. consideration of Ten Dollars (310,00) and other good and valuable con.- siderations, to hand paid, hereby sells and quitclaims to Miller Peed `C Lots, Ioo„ a Colorado corporation, whose post office address is 1001 10th Avenue, Greeley, Colorado, the following real property situate in .i> , 4-0 the County of Weld and State of Colorado, to—wit: ci Beginning at a point where the north line of the Union Pacific Railroad Company's right—of- -7= way intersects the east line of the SE-} of Sec. ., 2, T. 4 N., R. 66 W. of the 6th P.N., thence '' running west along the north line of said right— 7J of—way 750 feet, thence north 58 feet, thence /2 east 750 feet, thence south 58 feet to the place ` ,.` of beginning, the same containing one acre, more ' or less; a'C4f ; with all its appurtenances. k Signed this 31st day of May, 1966. OPDYKE AGENCY, INC. r. Attest: AGE/711.,/7Dyef' S 1 IV/rf,L .Y +,_ . 'h;........; P r 7'✓/��tO Pieyr�Siren:i`, .l'p. •L)1 �", '.S+7'"C44tr't4' I c 7 '.i'I (� .• l : ,�}}yy IE. ATE pp'LfILORADO hiiiilill r .li).gra= Yd.L 61.� H\IN i GCATT -CREELP.Y AND COUNTY OF WELD ) The foregoing instrue.ent was acknowledged before me this 31st day of May, 1966, by Thos, S. Opdyke, as President, and Mabel 0. iW - Opdyke, as Secretary, of the Opdyke Agency, Imo., • corporation. Witness my hand and official seal, El C,,.., ..c .G( '%l(y Cosmissisn expires: .41?""'""-.4-1-4- ti %i"a f' E ,�;7 Notary Public i • ci AL'i::" 1,5,i' " . ;.. link p n , ,m, .”34- 1 Yes S, Y Y WW1' I tR { � � � �* goer 623 ..') 0.. rr s,v fis ;n - . ,. tteardd r a ')�. _.a 'Ai, : 2)g7Q '' heeds 14-..—.----1545200 slat • -mgg sas.d.r. "" t'".../0 -,mw ,` ++^ •Y RZCOtDrrs Pmxr ! " T�Dun, xd.m. 2nd - rye grebe` ` .""t '. • ^ . bibs year dfar Ind en Orwd des•a6d sal seventy t between Lon a Sons, • Co-Partasrship, °°nsisting 1.m Lon, LeRoy Robert Lo , Jack N. Lore i William Vacua St - .. ___• �t Lore, Len toasty at { " Y°ld '.4.1004 -tiny awe t ,"r Skne Doseue t . .r(dart,d m cast aaK w Miller Peed Lots, Ian , `., , Date" APR ,j 0. , a Colorado Corporation a„novels,.errnay sad misting ads and by*Ise d W laws d W Stab at Calerade , "..---•_ . oft.wed putt �a ft vast "ford wttvzJSETn" That the sal/_part La ,1 jh JrM is Is ,mdd.n'bn of •. rsrtat 0;R BUNDNED SEY"IT TBCOSI 11170,000 a re the oda emits of ne steepen te bed said es Me sold ono*fro wend Mri,tin ne-'t.aaeee I. lenby wat,n ei sad 44421,49414.b• TO mated.lat•Plaed.rid sal sow. ".ad by tine pr.a,r.de 6,,.. , 't.barn's.a.a,COMM sad naflts<eta tnt sold party at the sassed ya•.. ,uoeso,son sad.nr .fame ... a' fallowing dualist iet it pared d leek atmns.bias sad Was i:. .G ,.r... 'r" c wag Weld W we n'Camera toots 0,, , N C s• �• c�ef ti k ,1,.. f -- --- The NE 1/4 of Section 11, Township 4'forth, Range 66 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT that portion described as follows. 't B.rie:ing at the Northwest corner of the South Salt of the Northeast.Quarter 0 -- _..____ v of said Section III thence West along the north line of the South Ball of the ''t h N.,rtheast Quarter of said Section 11, 150 foot; thence South and parallel with iV the East line of said Section 11, 168:mitt thence East 150 feet to the Bast - Una of said Section lls and thence North along the Last line of said Section 1 t 11, 168 foot to the point of beginning. -:.�� PARCEL lit -:. -t^ '�',off` r �, � "' :�.4� a � « t.a-. e.' QThe SR 1/4 of Section 2, Township 4 North.Mange 66%ot of its 6th P.N.P.N..' 1.61'' " County of Weld, State of Colorado, ratan that portion awarded to the Salsa ",; k Pacific Railroad Compaq by Deem* of Condemnation recorded Ponder 22, 1909 • C le in Book 314, Page 23, rents of Weld County, Colorado, described as fellow a strip of load being 75 feet in width en either side of • center lino stressing - t3;co the East line of aid Section 2 at a point 1892,5 feet north of the Southeast corner thereof and extorting en a tonent Westerly to intersection with the West Pii 11m at said Section 2 at a point 1588.5 feet North of the Scattiest •eroor thereof; �,:=, and except that part oonnyed to the Great Western Sugar Company by deeds remedied • • .. Oeteber 24. 1912, is Book 365, page 373, and resented April 3, 1913 in Book a. 374. Page 439, records of Weld County, Colorado, described as fallen, togiming ".. - o at a point where the North line of the Union Paoifi•Railroad Company's right of c 0 say interacts the Nast line of the said Southeast Quarter; thence running West o c along the North line of said right of way, 750 feet; thence Northo Last 750 feet, thence South 58 feet to the 58 feet; thence a portion pnrio°s1y oonveyed to Spud p3aee of oloradon o por except that recorded is Book 612 at Rew N Ch153, Inc., a Colorado d feon by Deed ;2Pone Ile. 1534117,Cor) i desc Sect as felonsco - Q .2 the Nest g at the he oeest Corner ter (Sr) /f aid ai ea 2 and considering beariNo ' to the Nast line of the Southeast Quarter(S i/►) of Said Section 2, to bear North _ac ..,. 01°36'49' Wert and with all other bearings contained herein bein relative thereto. 'tt i- Thence North 01036'48" West along the Nut line of the Southeast Quarter (SE 1/4) of said Section 2, 967.75 feet to the True Point of Beginnings ' Theme South 88°28'56+ West, 148,31 nett :., "aThence North 01°52'04" West, 128.06 feet; .... S Thence North 89°06'56° West, 174.01 feet;- Thence North 00°53'04° Last, 63.98 feet' Thence South 88°23'12° West, 300.02 feet; • Thence North 01°36'48" Wert, 109.97 feet' '' Thence North 88°23'12° Last, 619.96 feet to a point on the East lies of the Southeast Quarter (SR 1/4) of aid Section 2; . '"c '`tow it South 0136'48' East along the Sett nee of the Southeast Quarter CS 1/►) of - 'Attie* 2, 309.78 feet to the Tres filet et Sogfas.., wpt ridtbare .' e sweaty: east for sweatyrood, together steak ' with 31 abases et the Capital ste ' erg TadepeMeet Ditch ra*psgr ,„ , Sry}i r �- :i 4 f3t "V[..) t .5';', fi , r l", , r ! , , ' . 1 vYr. E' , ..r s+'t.. ' yr � ' All F + j y ,yJ 1 lqt • `"" S �w y; bilk NK -u Y r i . fi 1 �. z 623. 1 , ^00 a 3 : � 444 gr � , t t � T {,. rocaraLe will ..1 „ —.. t - — ,i4 wbr+W 44 s A �� t ar . .fl.W tl rennin W Hanna.,n�bYg.r W wrW i ri se t W/.,p t, w.a fi;:` ny4 . h wagate.riot Mit ton". dda Wgr.M.h.laa',sabering rte writes dwant Bart AIM6hw>y et Mt>,*4 la .►r..MnalW rlrh..was*e kntrrb d �.v: TO tun'AND TO HOLD wrW ""' `" Yinoin 1.i.hD.n..W Jae . ab tlr " u� ° n11 carer d w...at last hi..arse ne W_.rs.SiAr1 Doom rnreLe d w ant ih 1 F th.Minar theisdn,mrten,ad a bwr..M i":k past, rsv.d.n..a Wvgi ,s„,. l kc1 'w odd Path d w�g exec b.wen an arigr.a awns. ,s e d w near W o et- 1 {.Itla��1 to tn.wdl rW dw►�..ten i"nnk Y,hawoea Pleat wring.W gl' r ,„ 1 '7 hLfe.6Y rated holnlaMYY.Yw.ewrt..WirA }rd.y1tarUm sand Ywfd msiik gnat onnph,r.a Wewrgw rr l.r...r W h.r r roanµ sad cal w sae me Stanns deenhw at: rvr a '. an..r.an .ze..L tang sadda wggrab WA Dia fore re rraan lesmos et*Stan nm or smut*--�. r .• t ,.. year data of @lon . r t.G ,y, , r..Lriatisr. wwrate •ad oon izts el re +" r 111 . Y ;d:,„4 1 , YX° y tr. x' wwar..rrnwr�a. w w Y 1 awrnn a.wy...sdrt.tl W w ra Mdf d....r r*t Na mq'Mr Kilt WARSAW'? rha FOrYdWwwYM a.q wt ^ '1 carer,W rte rare Lea ri ane pat.f.a W wla WARSAWT a FOKYPa DEFEND. . .r, ar xrrrau wngamr,rti..dg v.d • dw •" "•' w �.' ..e th.lr .fang p •� Wg.rW s..r ant.Mawdtta., Y., • z x gls+d.srLl sat D.I1rnM h w Rrr.d 7 u �� arnr l ,+ —..k :- 1 SEAL, : piaN'''' au .w W Mj � '' n, An or COLOR* n ��.1L� 1 M Y F1G +ray ,,�"I. .- ... � w a � s .. ' r.d.g 6dnwr.twr.d.Psrta. ritual 2ad . , LeRoy `� tp. {t t 3 v 7 k Ig 70 ►y Lanka . . Co-Para if, Lap.'rr 1 . .N. Len. Rebrt r } ^".rr .I..tl YtakAt,Len tli 1fimat H..Len d. 1 "+ .K. r//_R irxttgj�Ojj W daehl rw , •az��+��Ah' is t"4a'.' 1): gii A 4. Xmebr 90 971;F. 040000 l' S i se,L al t uq Doodle Cnradke.ra Parr l.Y Rena' eew.Nwawr.Of ,3k- w z a 2w y 'zLt "T �a In, ( n h p tr y,r } +r. ) I �.'' - I N ' th is �.r ,Srl it fl 4 F� fl.., { '1 IF Yr4�2 g, s i r b y rY4 .. M it'S�y"Tp T, 1 rE FhhIr .1�44 R14 tr' `#a a M4 �' .'Pala Gh-r 1 rt k A i"' ,'u, ' y�t d { i. � n g a ',t '1'4; *A7 " `.' r'a t fr�. In 4 { r I I 't i ` 1 H. <t�.r �y _ r awle.eete eete.. . T. 1260 i 02210070 04/06/90 08:58 p 30. 1/00£ Recorded at — F 1018 1. .1 ANN FEUERSTEIN CLERK & RECORDER 0 CO, CO AR221007N Wa ..1. .. . . —_.1 'e'... c�--` 1ialtVDCed- THIS DEED is a conveyance of the reel properly deathbed below.including any improvements and DINH appurtenances(MeF. -property-lima,the individualist.coo poralronls).permenhiplsl,or other entrty(res.I named latrine.as GRANTOR to the mdivduans) or enbty(lesl named below as GRANTEE. Tne GRANTOR hereby sells and conveys the property Id the GRANTEE and gee GRANTOR warrants the title to the property. 4`er. ry except for(I)the lien of the general properly tears for the yuar of this deed.which the GRANTEE will pay(2)any easements end ; rights-ot-way shown of record(31 any patent reservations and exceptions(4)any outstanding mineral interests shown of record 15) A any protective covenants and restrictions shown of record.and 16)any additional Metter shown below under'Additional Warranty Exceptions'. The Specific Terms of This Deed Are: Grantor (Gee name(St and'Ascots,01 reSideace dLle spouse of owner.grenlor is pining In this owed to rewaehomlaoaae roma.e.mity grantors as husband and wile t • MILLER FEED LOTS, INC., a Colorado Corporation 4' ry r Grantee: (Gore names)and eddresstesi.alatement of address,including available road or,boot number.it required) AGRICULTURAL PRODUCTS, INC. 3380 First Wisconsin Center Milwaukee, WI 53202 Form of Co-Ownership: Of Men are two or mom orates named.they will be canidered to lake as tenants as cons/non unreel erwores in !ant tenancy'or word!.Of the Same meannp are added vs Ow space below) Properly Description: (include cour.N and stale I See Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth, all in Weld County, Colorado. • • Ii ;ter Property Addraaa: aa various M'fl:' Conaldenllon: (The statement of a dollar amount is optional adequate consideration tor this will he presumed unless ems conveyance is !III r • iesorbed as a gilt m any case this conveyance n alssolme rival and unconditional I Rewry.)1ons-RestriCtlona III the GRANTOP any le referee a interest mineproperty et lePeneey Rae men Mown-ee ttMCGMNTOA is roweling the GRANTEES right in the property make appropriate incbCatiOn I D t. m k m 0 Additional Warranty Exceptions: (include dams of trust being assumed and other manes not covered above I • 5 io See Exhibit "A" attached hereto and incorporated herein by reference as though t fully set forth. •h' c ° March 30 90 E.ecnled by the Gnm k or on — t9 r Signature Clause for Cwponllon,pvtnm 1p or Association: 51gnNure Clause Ice Mee.muWs).1..• •r 5 !H r.r... MILLER FEED LOTS, INC., a Colorado Corporation n • e'vth, . 7 amor torpor(' n Perinenhip or Association _ �� rn Br / _ n. C Ir.,,cranksq (President) - 5Y . ca "7 0 • By ''�s � /-- - /'Y "c' �o 41-....e..„..--/ /�C/ ..--/ l.s ) A ? Y.fit. Attest 7l,1• STATE OF eCEOPerP6, ss. O CQt1NT1rcoi,, ELld I 3 Thirty_ ,t9 /O Tr too ante nel,bmerir was acanow edged orbit in.MU �`2-- r y[O.�., gy.,.laie6�: Miller, as President, and Norman M. Deana �retary, of C}er Feed Lots/ Inc., ; Colo P� o/R Ells»si / u-r.LKAf J _ My<1pd.Or g "emu°pis?r 19 9db C _ _.. wary PsrL4 Ile STATE, s01 tE)� 1 sa t r COUNT The loregoing instrument was acknowledged Eetore me this day of le 1 Or• fer r nine IndividualGrantorin wit Grainer is Corporation.Pannerstep or Assocrahon.Mm identify stonersas pnaMem or wee presider', nd s«rwwry o. a:. uwsum so reran of corronbun;or as panne-rig or pnmenmp,or as authorized menthols)of association I A. WITNESS my hand and official seal —_ Melon Pub*MY commission rapine: NO.Eel e P.O.Box 1615 LEGAL FOAMS 'err d. t Ian UPDATE ALOAMS 0a5]] mom]5a'tlea i ,, ^a'v" ag±^r'nemnrv"n'^me"reycq rs ; • EXHIBIT "A" TO WARRANTY DEED FROM MILLER FEED LOTS, INC. a Colorado Corporation, Grantor TO AGRICULTURAL PRODUCTS, INC., Grantee B 1260 REC 02210070 04/06/90 08:58 530.00 2!005 ` _ Parcel 1: F 1019 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,),. The Southeast Quarter (SE}) of Section 15, Township 4 North, Range 64 West of 14, the 6th P.M., County of Weld, State of Colorado. SI; Parcel 2: The Southeast Quarter (SE}) of Section 14, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. }'. Parcel 3: The Northeast Quarter (NE}) of Section 11, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT that portion described as follows: BEGINNING at the Northeast corner of :i • the South Half of the Northeast Quarter (NE}) of said Section 11; THENCE West _if(- along the North line of the South Half (Si) of the Northeast Quarter (NE}) of said Section 11, 150 feet; THENCE South parallel with the East line of said Section 11, _. 168 feet; THENCE East 150 feet to the East line of said Section 11; THENCE North along the East line of said Section 11, 168 feet to the point of beginning. EXCEPT a portion of the South Half of the Northeast Quarter (S1/2 NE1/41 of Section 11. Township 4 North, Range 66 West of the 6th P.H.. County of Weld, State of Colorado. more particularly described as • follows: '; commencing at the Northeast Corner (NE Cor) of Section 11, Township 4 } North, Range 66 West of the 6th P.X., and assuming the East line of section 11. to bear South 00 deg. DO' 00" East and all other bearings , ti contained herein being relative thereto; thence South 00 deg. 0I' 51' East, a distance of 1610,45 feet; thence South 69 deg. 59. 49' West, a ,j e' distance of 318.30 feet; thence North 00 deg. 00. 11' West, a - distance of 59.00 feet to the True Point of Beginning; thence North 00 deg. 00' 11" West, a distance of 197.40 feet; thence South 89 deg. Wk. 59. 49' West, a distance 273.R3 feet; thence South 00 deg. 00 ' 11' East. a distance of 197.40 feet; thence North 89 deg. 59' 49' East, a Div. distance of 273.83 feet to the True Point of beginning. • Parcel 4: 1 The Southeast Quarter (SE}) of Section 2, Township 4 North, Range 66 West of the . 6th P.M., County of Weld, State of Colorado. tit EXCEPT that portion awarded to the Union Pacific Railroad Company by Decree of a I(Condemnation recorded November 22, 1909 in Book 314 at Page 23, records of Weld I County, Colorado, described as follows: A strip of land being 75 feet in width on either side of a center line crossing the East line of said Section 2 at a point 1892.5 feet North of the Southeast corner thereof and extending on a tangent t Westerly to intersection with the West line of said Section 2 at a point 1580.5 feet North of the Southwest corner thereof; and• V EXCEPT that part conveyed to the Great Western Sugar Company by deeds recorded October 24, 1912, in Book 365 at page 373, and recorded April 3, 1913 in Book 374, page 439, records of Weld County, Colorado, described as follows: • BEGINNING at a point where the North Elie of the Union Pacific Railroad Company's .. right of way intersects the East line of the said Southeast Quarter (SEa); TE.ENCE running West along the North line of said right of way, 750 feet; THENCE North • 58 feet; THENCE East 750 feet; THENCE South 58 feet to the place of beginning, and I V EXCEPT that portion previously c,swayed to Spud Chips, Inc., a Colorado Corpora- �j' tion by Deed recorded in Book 61.'. at Reception No. 1534117, described as follows: P7. '•: COMMENCING at the Southeast Corner of said Section 2 and considering the East i.:E. line of the Southeast Quarter (SE}) of said Section 2, to bear North 01°36'48" ' . West along the East line of the Southeast Quarter (SE}) of said Section 2, .. E 967.75 feet to the True Point of Beginning; THENCE South 88°28'56" West, 148.31 v^i feet; THENCE North 01°52'04' West, 128.06 feet; THENCE North 89°06'56" West, 174.01 feet; THENCE North 00053104s East, 63.98 feet; THENCE South 88°23'12" West, 300.02 feet; THENCE North 01°36'48" West, 109.97 feet; THENCE North 88°23'12" East, 619.96 feet to a point on the East line of the Southeast Quarter (SE}) of said Section 2; THENCE South 01°36'48" East along the East line of the Southeast Quarter (SEi) of said Section 2, 309.7E: feet to the True Point of ,,. Beginning. •1 EXCEPT right of way on the east of county road. q � q t' 'P ti } Y ' ,Y'af ?hr i;r.'tn'.''pV +L D 1260 REC 02210070 04/06/90 08:58 x30.00 3/006 (.; F 1020 MARY ANN FEDERSTEIN CLERIC s RECORDER WELD CO, CO Parcel 5: That portion of the Southeast Quarter (SE}) of Section 11, Township 4 North, _ Range 66 West of the 6th P.M. in the County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Southeast Quarter (SE}) of said Section 11 as bearing North with all bearings contained herein relative thereto. I, BEGINNING at the Southeast corner of said Section 11; THENCE along the East line ,1 of said Section 11 North 1037.00 feet to the Southeast corner of that certain parcel of land described in deed recorded in Book 527, Reception No. 1449127 • records of said County; THENCE along the Southerly line of said described land f ; North 64°49'00" West 575.50 feet; THENCE North 50°40'00" West 283.00 feet to the true point of beginning; THENCE continuing along said Southerly line North 72°19'00" West 600.00 feet; THENCE South 51°13'00" West 382.80 feet; THENCE South 89°38'00" West 450.80 feet; thence South 78°26'00" West 300.00 feet; THENCE South 85°00'00" West 300.95 feet more or less to the West line of the Southeast t.. Quarter (SE}) of said Section; THENCE along the West line of said Southeast Quarter (SEI) North 0°02'58" West 1316.58 feet more or less to the North line of said Southeast Quarter (SE}); THENCE along the North line of said Southeast Quarter (SE}) north 89°53'29" East 252.6.39 feet; THENCE South 2°15'19" East 244.54 feet; THENCE South 10°51'21" West 114.94 feet; THENCE South 6°30'28" West 282.78 feet; THENCE South 21°28'59" West 141.85 feet; THENCE South 73°39'47" West 113.95 feet; THENCE South 34°05'19" West 228.54 feet; THENCE South 60°41'27" West 327.24 feet; THENCE South 19°32'27" East 24.28 feet more or less to the true point of beginning. Parcel 6: All of Section 19, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT the following described parcels: BEGINNING at the Northeast Corner of said Section 19 and considering the East line of said Section 19 to bear South 00°03'49" East with all other bearings contained herein being relative thereto; THENCE South 00°03'49" East along the East line of „' said Section 19, a distance of 2901.26 feet; THENCE South 89°25'16" West, 1432.28 feet to a point on the existing East right of way line of the Neres Canal; THENCE Northerly along said existing East right of way line by the following 19 courses: `x 85.99 feet along the arc of a curve to the left whose radius is 165.51 feet; Central angle is 29°46'00" and chord bears North 00°48'03" West, 85.02 feet, North y15°41'03" West, 203.56 feet; North 13°33'27" West, 327.82 feet; 116.43 feet along the arc of a curve to the right whose radius is 417.59 feet, central angle is 15°58'31" and chord bears North 05°34'12" West, 116.06 feet; North 02°25'04" East, 210.42 feet; 71.82 feet along the arc of a curve to the left whose radius is 347.95 ,.', feet, central angle is 11°49'32" and chord bears North 03°29'42" West, 71.69 feet; rFl North 09°24'23" West, 131.35 feet; 75.33 feet along the arc of a curve to the right whose radius is 62.15 feet, central angle is 69°26'41" and chord bears North 25°18'52" East, 70.80 feet; North 60°02'13" East, 127.61 feet; North 46°50'18" East, 103.00 feet; North 20°25'21" East, 71.56 feet; North 02°36'34" East, 101.44 feet; • North 07°20'17" West, 403.47 feet; 179.47 feet along the arc of a curve to the left whose radius is 252.83 feet, central angle is 40°40'20" and chord bears North 27°40'27" West, 175.73 feet; North 48°00'37" West, 521.65 feet; 130.29 feet along r the arc of a curve to the right whose radius is 142.68 feet, central angle is 52°19'16" and chord bears North 21°50'59" West, 125.81 feet; North 04°18'39" East, ii 106.20 feet; 102.93 feet along the arc of a curve to the left whose radius is 1,. 198.08 feet, central angle is 29°46'28" and chord bears North 10°34'35" West, lb :;, 101.78 feet; North 25°2T49" West, 63.82 feet to a point on the North line of said '�: Section 19; THENCE North 88°54'01" East along the North line of said Section 19 a n distance of 1,951.04 feet to the Point of Beginning. COd. MENCING at the Northeast Corner of said Section 19 and considering the East -2- , ii- a r i4 • B 1260 REC 02210070 04/06/90 08:58 >30.00 4/006 F 1021 MARY ANN FEUERSTEiN CLERK 6 RECORDER WELD CO, CO r ' '5,1'. 1 W line of said Section 19 to hear South 00°03'49" East with all other bearings . con- tained herein being relative thereto; THENCE South 30°03'49" East along the East • line of said tlection 19, a distance of 2801.26 feet; THENCE South 89°25'16" West, 't' rii . ''. 1432.28 feet to a point on the existing East right of way o f the^ Neres Canal, said ""Y point being the True Point of Beginning; THENCE North 89°25'16" East, 203.57 feet; t4 THENCE South 17°10'09" West, 78.44 feet; THENCE South 51°37'15" West, 182.39 4 e ,{ feet; THENCE South 22°26'19" West, 205.51 feet; THENCE South 46°19'05" West, 258.23 feet; THENCE South 07°46'34" West, 241.36 feet; THENCE South 89°06'04" tl. f-�_ West, 165.04 feet to the existing East right of way of the Neres Canal; THENCE a along said existing East right of way by the following 7 courses: 95.59 feet along the arc of a curve to the right whose radius is 129.76 feet, central angle is 42°12'35" and chord bears North 10°05'02" West, 93.44 feet; North 11°01'16" East, V 180.71 feet; 111.16 feet along the arc of a curve to the right whose radius is 119.40 feet, Central angle is 53°20'31" and chord bears North 37°41'32" East, , 107.19 feet; North 64°21'47" East, 128.46 feet; 131.84 feet along the arc of a curve to the left whose radius is 199.57 feet, Central angle is 37°51'05" and chord „ bears North 45°26'15" East, 129.46 feet; North 26"30'42" East, 285:30 feet; 35.90 - feet along the arc of a curve to the left whose radius is 165.51 feet, central angle is 12°25'45" and chord bears North 20°17'50" East, 35.83 feet to the True Point of Beginning. >ili " Water stock, irrigation wells and other property: (a) The following water stock is included: kt_. lk Y.. (1) 54.85 shares of the capital stock of The Farmers Reservoir and .g Irrigation Company. (2) 52 shares of the capital stock of Farmers Independent Ditch "� .. Company. .Ill .. �, (b) The following irrigations wells are included: ikli'. (1) Love Well No. 1-11891 (Case No. W-4209) li: (2) Love Well No. 2-11892 (Case No. W-4209) 1"/ q., (3) Love Well No. 3-11893 (Case No. W-4209) ' "K- 1 a^ (4) Love Well No. 4-11894 (Case No. W-4209) #'`' `'' (5) Love Well No. 5-11895 (Case No. W-4209) (6) Love Well No. 6-11896 (Case No. W-4209) • (7) Love Well No. 7 (Case No. W-4209) i Case No.(9) HWell e No. 1-12192 #2 ell No. 11897(Case( a2os) N. W 37 2) (10) Herbst Well No. 2-11319 (Case No. W-4463) k, (c) All fixtures are included, including the following: All irrigation wells, pumps, pivot sprinklers and related equipment '" „+4'' 4. situate on the above real property. i ' (d) All water and water rights, both tributary and nontributary, whether adjudicated or unedjudirated, and all ditches and ditch rights, water wells and well L II '1,-,, -I rights, state engineer fillings, well registration statements and wed permits, P1 l reservoirs and reservoir rights, which are used on oc are appurtenant to or located 6"a r' :in " on or underlying, the real property described above, including, but not limited to, ii those specific water rights listed above. 'P ': ' • ` r Yl * 3 bak ._. : zs B 1260 REC 02210070 04/06/90 08;58 >30. 0 /006 ,�`: F 1022 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO - ,i '„ i rh EXHIBIT "B" TO WARRANTY DEED FROM MILLER FEED LOTS, INC., a Colorado Corporation, Grantors `, a°v to AGRICULTURAL PRODUCTS, INC., Grantee (Additional Warranty Exceptions) t4k"*'K ,e tn., Without increasing or diminishing the print'd warranty exceptions in -.- c the second paragraph of this Warranty Deed, the following constitute "additional r v"® warranty exceptions:" ±'9 , (1) Mineral grants, deeds, reservations and exceptions included in the following instruments: )r,�w (a) Instrument recorded May 13, 1978, in Book 766 under "T r - Reception No. 1688430. (b) Instrument recorded April 8, 1983, in Book 993 under Reception No. 1922979. - k±7 4.1i ' ... (c) Instrument recorded April 10, 1972, in Book 677 under „� Reception No. 1599298. s. (d) Instrument recorded July i:9, 1987, in Book 1165 under nt l :> Reception No. 2108717, kit (e) Instrument recorded April 26, 1978, in Book 830 under *r Reception No. 1751627. . ' td (f) Instrument recorded June 2, 1975, in Book 740 under .. ..-:.145_ Reception No. 1661694. (g) Instrument recorded February 14, 1985, in Book 1058 under ;t.^ 3� Reception No. 1998788, 4.:1!•,.(h) Rights of any railroad, including Union Pacific Resources �( Company, to oil, gas, coal and other minerals created by , recorded instruments. -1 (2) Oil, gas, mineral and other leases now of record and any and all tl: easements and rights-of-way for pipelines, access, reworking, development, explore- 1,"Rr: tion and other rights to the surface and sub-surface as may be granted or created "'K„y+*" in such leases now of record, which leases are not specifically identified herein. t't-i;c, 4.' „ (3) Rights-of-way for all existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone, water, railroads, and rights-of- way and easements therefor. (4) The following rights-of-ways and easements: (a) Right-of-way to Home Light and Power Company by instru- ._ ment recorded May 21, 1955, in Book 1419 at Page 542. (b) Right of-way granted to Energy Pipeline Company by instru- I`;81. ment recorded October 28, 1984, in Book 1047 under Reception No. 1896689. (c) Easement granted to Spud Chips, Inc. in instrument recorded March 3, 1970, in Book 621 under Reception No. 1543264. ,sY.,,,,, (d) Right-of-way granted to Panhandle Eastern Pipeline Company ,t YR:. 'i., by instrument recorded January 25, 1977, in Book 788 under Reception No. 1709705. d , (e) Right-of-way granted to Associated Natural Gas, Inc. by t+ :. instrument recorded October ].0, 1983, in Book 1009 under Reception No. 1943074. yx a (f) Right-of-way granted to Natural Gas Associates by instru- ment recorded February 23, 1984, in Book 1021 under Reception , A. .4t 3 * i. . .' B 1260 REC 02210070 -04/06/90 08:58 >30,00 6/006 F 1023 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO o- No. 1956975. 4t (g) Assignment of easements and rights-of-way granted to Gas Associates by instrument rewrded June 4, 1984, in Book 1032 3 ri' under Reception No. 1969199. t (h) Right-of-way granted to Associated Natural Gas, Inc. by "�' instrument recorded January 5, 1988, in Book 1181 under Reception No. 2126848. (i) Agreement for right-of-Way easements and license granted to Associated Natural Gas, Inc. by instrument recorded January 5, 1988, in Book 1181 under Reception Nos. 2126852 and 2126853. (j) Notice of general description of area served by Panhandle Eastern Pipeline Company concerning underground facilities by instrument recorded June 26, 1986, in Book 1117 under Reception No. 2058722. (k) Right-of-ways granted to Home Light and Power Company by 1 instrument recorded April 12, 1955, in Book 1416 at Page 181 and by instrument recorded February 24, 1955, in Book 1412 at Page 475. (I) Right-of-way granted to Poudre Valley Rural Electric Association by instrument recorded June 12, 1980, in Book 905 I'it under Reception No. 1827280 and Reception No. 1827281. (m) Right-of-way granted to Rennie S. Hill by instrument Y + recorded April 10, 1922, in Book 656, at Page 422. 'aI. l (n) The Neres Canal and rights-of-way therefor, as evidenced by fr' map filed Jar:nary 21, 1910, as Reception No. 150437. S. rr (o) Right-of-way granted to Hennie S. Hill by instrument I April 10, 1922, in Book 656 at Page 422. Neres Canal and rights-of-way therefor, evidenced b / r (p) The y as y map filed January 21, 1910, as Reception No. 150437. Jtr,_ (q) Rights-of-way and easements for ditches or drain ditches created by the following instruments: Date of Recording Book Page No. ,?i�-4/�t. Grantee 'f "� # The Lower Latham Jul 21, •• 4 D1891 97 97 Ditch Company y tpy,, 407 7 Union Ditch July 3, 1909 307 . ' McMillan Seep 445 t` and Drainage January 26, 1310 270 k-t 4 "• (r) Right-of-way Contract for Colorado-Wyoming Gas Company in I_,-j„ instrument recorded February 25, 1949, in Book 1242 at Page 497. f'X1'2. ak -,1. (s) Right-of-way granted to Union Pacific Railroad by instrument '} recorded November 22, 1909, in Book 314 at Page 23. itt, Surface Owner's Agreements recorded May 23, 1988, in Book 1197 under Reception Nos. 2142115, 2142116, 2142117 and 2142119. ` (6) Leases and tenancies which have been accepted by grantee and T ,. for which rents, deposits and other payments will be adjusted as of closing. (7) Restrictions, reservations and exceptions set forth in recorded ti' aM..: instruments. r,- y ? sq t • O.-atba No. R«orate. _ B 1363 REC 02315022 12/17/92 12:4: 7.00 1/002 AR2315022 F 0503 MARY ANN FEUERSTEIN CLERK 6 : '.CORDER WELD Co. C0 WAN' '.?C1'Y DEED 7785 DEED,Made this day ' DECEMBER ,1992 .hors.—, - • MILLER FEED LOTS, INC. • a corporation duly r mixed sad existing a '.•t virtue of the hove of the Slate of COLOR?.;A .grantor.an . • AGRICULTUi,AL PRODUCTS, I! . • whose legal addressis 3380 First % ,nsin Center Milwaukee, 53202 -- of,he •a id ovary of WELD and State of Colorado,grimes: • laird! fit,That the grantor for an ,...idcstioa often r of CONVENIENCE DEED - NO .. COEIDERATICII DOLLAR]. Me recall adea84ireysf with I . S aby ednwiedpw d,has guard.berpie." •.sad conveyed,sad by them prams does w.bvNM,.1!,men,w tad... 8 unto the paws,his heirs and assigns form, .n the real property together with Improvemeala,if any.skure,lyleg and being la the •aid County of Meld and State of Colorado daerbd as follows: • • SEE ATTACHED LEGAL DESCRIF. ' • • as knows by oat and number as: rove t IER.:v.11 sod singular the mdfa,ncte and appureaaxs thereto belonging,or in suyMs appertaining,and the rank* is raverdoos, re• der sod rmuiaira,rents.'sates and pronto thereof,and all the ears,right,tide.inters.claim.d de.sad w- sn of the pam..,..flee la law a poky,or.da and to the above brgalad promisee,with the badkameets ad spp.tnars.. TO HAVE AM, '0 HOLD the mid prmi«a#,ovo bargained and described, with the appurtenances,unto the grants,his bein seal assigns fern. A...'.,he grantor,for Itself,and ks successors,does covenant,punt,beguln,and ape.to and with the grantee.his heir sad maps, Masi, ,time of the scams end delivery of them paeans, he Y well shed of the premiss than conveyed,km good. eom pads, absolute and ladefessbla sue it Inheritance,la law,I fee simile, and has good right.full power sad lawful authority to . . gram, hernia, al and convey the amo le mars«and fors..aforesaid, and her the same me free and dm from all former ad other grim,hergaios,era,lies,tans,seamm at.,encumbrances and restrktb.s of whatever Mod or nature soma,except The parer shall and will WARRANTY A"'. ''.:IIIVER DEFEND the abovwb.rplaed promisee I the quiet and palatable pales of 16e grans,his heirs sad snips,.plea,r and every pass or persons lawfllly claiming the whole or any part thereof. The singular • number doll Include the plural,the plural the ruler,and the use of any radar shall be spplkable to all genders. IN WITNESS WHEREOF,The grantor he,eaurd its corpora.name to be hereunto subscribed by Its President,and Is corporae d to be mean,..ltd,canted by ha Secretary,we day and yea vast above wrben. MILLER FEED LOTS, INC. Eyi • tu'1 r' J S E. MILLER e? .piL b ) ` • g b _RADo• '• r '•l Om�d ^O1fEI1J ) , ,,WO",n,.,,,, The kregaejiarrument was acknowledged ...col, // day of DECEMBER ,,kt:)9'92':.:ese s by JAMES E. MILLER, PRES I' . MILLER FEED LOTS, INC., A COLOgM \• fl 70,vrs CORPORATION My coteminbe expires . Witness my bad sod offal& ai. =th '0/V10 • Y)1a 1, 013, /S9e/ ',J&, K IjC_(�y�ee) .' .•••.\-J�� " . K1 ( '" s . II NwryPuNk ^"•(Jnnruud" •wt T .rddw • m MOM S m MMY Na. wAIUU[ID/Cwn..wral 4{ ,Js _ s F h• 4.4 • i • E :J57 REC 02315022 12/17/92 12:41 $10.00 2/002 F USO4 MARY ANN FEUERSTEIN CLERK & RI ORDER WELD CO, Co EXHIBIT A That part conveyed to the Great Western Sugar Company by deeds recorded October 24, 1912, in Book 365 at page 373, and recorded April 3, 1913 in Book 374,page 439, records of Weld County, Colorado, described as follows: BEGINNING at a point where the. North line of the Union Pacific Railroad Company's right of way intersects the East line e:the said Southeast Quarter(SE Y4);THENCE running West 7 .;;ung the North line of said right of way, 750 feet; THENCE ',firth 58 feet;THENCE East 750 feet;THENCE South 58 feet t. the place of beginning. ° • • r` Ravin Na 't,* •Sl-.:.+t ,J°, '.' 'r xt: 2421640 9-1482 P-312 03/02/93 03:39P PO 1. cc I SSC Doe """'"'T1eld County CO Clerk 6 Rocordsr 3.00 4.06 . AREV2liVO WARRANTY DEED TIM oaa.Maa.Y in 4q et MC, .M Si .lea .' AGRICULTURAL PROOOCTS. INC. •ante ads.aka ad al6t Bar W by.le.t M Isere bus t .pear.es. nun P. CAIOLIID AND KEIST A. Cast lD. AS JOI? TOMS .ew bpi abbe r 19729 VCR 291i , Platte.tllt, Oa 80691 . Odle Bald oast •d tree ata..a,Ape • ternessrrit TWY pear le Nei i aelaasWta...t ►GRIT TNOOSAD AlO lac 00/100 (140.000.00) DOUASS,Re near estellya,ty,ri .tt by memeaped.W pail.aped.NM as..eqd&mid by Si-Purr.pa We+r,al, as eat ya a th,ea.Wd.ad l nape ha..a Y ea pAe•V ea ebb L_. Rest sea said tart WILD rer pe a don turbot bam S ...mY6 adYrgi as M All of the land lying North of the Onica Pacific Railroad Right of Pay by Decree or Coodeanatlon recorded Panther 22. 1909 la Soon 214 at page 23, is the Scutheest Quarter (1/4) of Section 2. Township 4 North. Range 46 Peat of the 4th P.N., County of Veld, Seats of Colorado. Except any easements et riot • of ways for Onion Ditch. Seller hereby resents 1004 of any oil. gas & other mineral rights Whim 5 Sailer now owns, if any. mi t....by Nee as'Number= VACANT WAD TO.STwW.Y a r•ia+.Set.. _ - mad eats dee briabb a ha=eleaSe.alru.w.ae w...ad..., ...Wm ad...W...is S rd ads.aw..r a s.sae'*a I+.a ea maybe t rr es Odle Ere.sue i le a,py.a l•mid laaaboree aped pea a lYtwiar•e "p an TO RAVI AND TO HOLD S nid pNaheSae Larded ri-ta.* Sap.maw.,aGspea W4ebawl ape ea. AS Sr pae Si atl.el Yawree,ra eat.peas Wp.k•Y ape ra d ebb r pole Mamba ad rap.. swathe a its.sae r Keay a mw p.s.Y Neil Nit the p.w emem•apt I.at a/ole ellaalmehatet es.t iaear...S le i Si erpr.ad W pd.M•.M P,+ad bald nap la pas hea ea and alley S.a Sea as aw a.dada.as.Y Y row lead a.r a a a ear all pa•oas.rr.%a ed.wla—it eW.r edema b,a,apt CaNSaAL TAXIS TOR ISIS. PAYABLE U 1996, AID QCaPT • eIStererIONS, RtSSAV1TIOa, RIGHTS or RAT, AND fA..NSNTS Or , RSCORDS. Per pr a aid as MAASANTY AND PORF'G DEPEND Y dwNapia pasha(i needs ld,rafe P.eede ant pr.Ma Yin W Spa.beet a ad ea pab sr pa beta),ad ea ea a ep pal Yet The Soda See.la Wad.aY N.N.S.Nap S..51t,ad eat ea geda AS bed ppll.ala ra pare. PI TTTMSMNEnor.TM pr 9ee ea k•ilimiliale Mel h b.Wee•.a.atiy■ Sac ad Y wee barb'Weer.ms..sea by listnbehts ay midyear M Awn .rose Meet AGIIC3LTOIGL !?00006!9}• INC. �.., Dana N. OR IAN IlTnrD Roe t COLORADO ) ( • ,.. �..,t =CID ))i -al The Leal.,Year a mia..Sdpdbt..s.Y In Wt MICR .M f. by DONNA S. DWISTIANSU, ASSISTART • au an*s e 013195 . nos ay ea . . ,=4. 0074 belkP My Be 74 �:'. :mFw Abe.. -- -�`(14i E..-. HIM nl1I II!f1I IIII IIIL IIn IIIIII III nul IIII Inl 011 2662095 12/21/1998 04:36P Weld County CO 1 of 2 R 11.00 0 8.99 JR Suk! Tsukamoto WARRANTY DEED THIS DEED, Made this 18th day of December, 1998 between Edward F. Campling and Kelly A. Campling of the County of Weld and State of Colorado, grantor, and William J. Schneider and Cheryl A. Schneider whose legal address is 2137 21st Avenue, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of EIGHTY NINE THOUSAND NINE HUNDRED AND 00/100, ($89,900.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT ••A•' ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Weld County Road 35, LaSalle, Colorado / TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in li rk0 and to the above bargained premises, with the hereditaments and appurtenances. ` U TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable pa ion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date/ set fo th above. G;e d:ri.,'/tC 2 2P er Edward F. Camplin K.A.All�' C P g STATE OF COLORADO ) se. The foregoing instrument was acknowledged before County of Weld ) me this 18th day of December, 1998 by Edward F. Campling and Kelly A. Campling Witness my hand and official seal. My commission expires August 9, 1999 j 4F 1 .`�2Q,cLrLr-J f 1;' may,!`'� 'IS) + V NOTARY PUBLIC ��•. $'��p �/ 1113 Tenth Avenue No. 921A. Rev 7.qs'Z' i'�� Greeley, Colorado 80631 'C`ii/ ESCROW NO. : 8045445 DATE December 17 1998 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Ditch. PARCEL 2: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad right of way by Decree of Condemnation recorded November 22, 1909 in Book 314 at Page 23. EXCEPTING THEREFROM that part conveyed to The Great Western Sugar Co. by deeds recorded October 24, 1912 in Book 365 at Page 373 and April 3, 1913 in Book 374 at Page 439. ALSO EXCEPTING THEREFROM that part lying North of the Union Ditch. PARCEL 3: A part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado„ described as follows: Beginning at a point where the North line of the Union Pacific Railroad Company's right of way intersects the East line of the said SE1/4; thence running West along the North line of said right of way, 750 feet; thence North 58 feet; thence East 750 feet; thence South 58 feet to the Place of Beginning. Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) William J. Schneider 1212 8th Ave. Greeley, CO 80631 AUDI 1111131111111111111 MUM 2662095 12/21/1998 04:36P Weld County CO 2 of 2 R 11.00 D 8.99 JS Sukl Tsukamoto aWe CENTRAL WELD COUNTY WATER DISTRICT December 23, 1998 Jack Schneider 1212 8th Avenue Greeley, CO 80631 RE: Water Service Dear Mr. Schneider: This letter is in response to a request for water service to serve the following property described as follows: Pt of SEY Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT 4 W. Za9/ General Manager JWZ/ca 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager AGREEMENT THIS AGREEMENT, is made and entered into this 8th day of May, 1999, by and between the Union Ditch Company ("the Ditch Company") and William J. Schneider and Cheryl A. Schneider("Landowners")of all that part of SE'/a of Section 2, Township 4 North, Range 66 West of the 6th P.M.,County of Weld,State of Colorado, lying North of the Union Pacific Railroad right- of-way and lying south of the Union Ditch. WHEREAS, the Landowners have received approval from Weld County Department of Planning for a Recorded Exemption (Number 2430) with a condition to contact Union Ditch Company (Gary Alles, President) to make a good faith effort to address the concerns of the Ditch Company; WHEREAS, the Union Ditch Company has concerns regarding its ability to maintain the ditch along the northerly edge of the property; WHEREAS,the Union Ditch Company has concerns of buildings being built too close to the ditch; and WHEREAS, the Union Ditch Company has concerns about the occasional washout caused by excessive water entering the ditch from the landowners' property; NOW THEREFORE based upon the mutual promises,covenants, and conditions contained herein as agreed by and between the parties hereto as follows: 1. The Ditch Company has the right to use Landowners' access road and/or drive along the entire south side of the Union Ditch for the purpose of inspecting the Union Ditch across this property and to do maintenance, if necessary. 2. No permanent buildings or hay stacking will be permitted within seventy (70) feet south of the center line of the Union Ditch. 3. Any washout caused by excessive water entering the Union Ditch from Landowners' property will be repaired by the Landowner in a timely manner. The Landowners shall place culverts into the ditch to prevent future washouts, following specifications approved by the Ditch Company. EXHIBIT - 1 - `"�.� 4. In an effort to maintain the agricultural integrity of the land,the Landowner further agrees to put a deed restriction on this land that states that there will be no further subdividing of this land into smaller parcels unless annexed into a municipality. 5. The effective date of this Agreement is the date the final plat for the recorded exemption #2430 has been approved and recorded by the Weld County Planning Department. This Agreement shall not be recorded until the final plat has been recorded. If the Agreement is recorded prior to this time, or the final plat is not approved, then this Agreement is null and void. 6. This Agreement shall be binding upon the parties hereto and their respective heirs and assigns. 7. This Agreement shall be construed and enforced pursuant to the laws of the State of Colorado. WHEREFORE the parties hereto have entered into this Agreement the date and year first above written with the effective date being as disclosed in item 5 above. LANDOWNERS:404U;"sit r„),L,:cLi William J. Schn ider Cheryl Achneider UNION DITCH COMPANY: �J, C� By: JZA £2t& P 47 By: 1-.J tv—,n - Gary �s, President / Dan Gibbs, Vice President - 2 - aWil CENTRAL WELD COUNTY WATER DISTRICT May 7, 1999 Jackie Johnson Witwer, Oldenburg, Barry & Bedingfield, LLP 822 7th Street, Suite 760 Greeley, CO 80631 RE: Water Service Dear Ms. Johnson: Provided for your review is information for water service availability to the property described as follows: SE % Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water service to the aforementioned property is not available until requirements are completed due to the existing infrastructure in the area being at capacity during peak hour flow conditions. Central Weld County Water District is currently reviewing a Draft Master Plan completed by The Engineering Company that indicates major improvements must be completed in the area prior to issuing additional taps. The Hydraulic Model indicates that approximately 3 to 4 miles of 8" water line will need to be constructed in order to provide service. The Master Plan, however, has not specifically identified the actual cost for construction of the pipeline. These investigations are done on a case by case basis prior to building the water main. However, based on actual costs the District has recorded in the past, 8" line costs are approximately $100,000.00 to $120,000.00 per mile. Easement acquisition is typically the largest unknown for timing and costs. The District policy and requirement is that new growth pay its way, which would indicate that substantial dollars would be required to provide water service to the property. (=.. EXHIBIT - ; I1;r - ; 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager May 7, 1999 Page—2- I have attached a copy and highlighted the portion of the proposed improvement map from the District Master Plan identifying the proposed improvements. Additionally, is a copy of the District's generic "Can Serve" letter normally issued for requests such as this to Mr. Jack Schneider. If I can be of further assistance, please contact the office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J W. Zadeh'k eneral Manager JWZ/ca Enclosure: Map Letter \, �)J 3 I / I , • 04 I. / , � I ,I 1 ��I II1 I 1 .. M •�"� 4____, .g " 1 (I X11 ' ¢ f,\ ..... ,.N inn -.. Y J ' II Y f "tiek f , e " f.. I. r9• 9 / 3 L r 7 I r n b f z� ' �. � \ /N I a • `\ �. .,'� his d• .---._,_._u __._--...._.—___. �n J , -__ rff,�y₹�k • I. 1 b I y f • I 1 / u �_-. L \ _ !� \k 0 '. 11 1 1. E � ifs a _ lu M� !till �'_ _ii ti _ L I Ce .._-. e ._ l - ` 3141'SNYtll fGN .- ' --•'.- - k ag\Y • Or 3131dW00 r.�I-' t'a'r i'+ $4)111:17-,'""'i ..I09 _. �, Y� art � { �_... V=- . c� I Pa, ._.-.'. l)1 . \ " •- -,--,-, '',-,,t_ 1.f k " rr1 I .fJ r.i - -L.--- .b ., a .a ' w •, '''::,:,,f/'II - r ,d ,. „ --,\ -''''I - 'I- : 3 L re A, Ar a, I _ CENTRAL WELD COUNTY WATER DISTRICT December 23, 1998 Jack Schneider 12128'Avenue Greeley,CO 80631 RE: Water Service Dear Mr. Schneider: • This letter is in response to a request for water service to serve the following property described as follows: Pt of SE%Section 2, Township 4 North,Range 66 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT w.za„abeia General Manager JWZ/ca 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager Hello