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Home My WebLink About992635.tiff 7(00RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY RIGHT-OF-WAY FOR WELD COUNTY ROAD 41 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Road Petition from John and Ellen Moser, Morwai Dairy, 6600 West 20th Street, #11, Greeley, Colorado 80634, a copy of which is attached hereto and included by reference, requesting vacation of a portion of Weld County Road 41, being more fully described as follows: The public road right-of-way lying 30 feet on either side of the section line between Sections 28 and 29, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the County Attorney's Office and Public Works Department have recommended approval of said request since that portion of Weld County Road 41 is not needed for the safety and welfare of the traveling public, and WHEREAS, the adjoining landowners were mailed ten days notice by the Clerk to the Board of a public hearing set for November 1, 1999, to consider the vacation of that portion of Weld County Road 41 which is described above, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of Weld County Road 41 which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, the Board of County Commissioners deems it advisable to vacate said portion of Weld County Road 41, with said vacation to become effective upon recording as required below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from John and Ellen Moser, Morwai Dairy, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of Weld County right-of-way which is described above be, and hereby is, vacated. r IIIIII VIII IIIIII MIDI III 1111111 III VIII IIII IIII Pc„ FAl mor 1. t 992635 2732960 11/15/1999 04:37P JA Suki Tsukamoto EG0002 1 of 2 R 0.00 D 0.00 Weld County CO RE: VACATION OF A PORTION OF WCR 41 PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder when, and only when, the dedication or conveyance with accompanying survey and plat has been presented to and accepted by the Board of Weld County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, C LORADO ATTEST: I� __ �� ; ,.i /�� /mil r` � ` Dale K. Hall, Chairma • Weld County Clerk to th '•oa ♦ v i tasi t, *VA�ja f♦) J. LLt L 7/X1' -� Li ,�99 �y^ � it ��Larbar J. Kirkmeyer, ro-Tem (/ BY: O.d(i'tza. G �r !:e F? Deputy Clerk to the Bo r 4 n � c - �� Georg axter APPROVED AS TO FORM: . Gei e County Attorn UqU i4 Glenn Valid 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 992635 2732960 11/15/1999 04:37P JA Suki Tsukamoto EG0002 2 of 2 R 0.00 D 0.00 Weld County CO FILE No.996 08/09 '99 15:48 1 D:t,ELD CTY GOVT FAX:9703520242 PAGE 2 lt.c)1_fi+ Tl(iN to: 130AR1) OF C'O1.!NI'Y ('UMMISNIONEitS ) f)A'I'N: x.'3(thII MI I)COUNTY,COLORADO F.U. BOX 75It tiRl?RI,IiY, ,OR ADO 80632 FROM: (Petitioners) Na ei J PRCIPERTY t TL' Isnnrut J-2#14 ,,R 4 F O'ke-K N v' 3 2. 8 FARTS tf f- (A At-AA . (oltuJ4i Dtirp-L) S ri T3(1( RE„( ) C r C4n)AhMJ f=gw�IzMt FAkm f Tic s %z r5 Zfs We, the undersigned citizens and real property owners of Weld County, Colonuio, hereby petition that the rood right of way described herein for Weld County Road „--4 - ERrM (describe crossroads). ZS io ,3O _ .bedeclaredahundoned and vacated by Weld Cor.aity. This right of way is described us: 3ETwECr1 SZ\ T3N 3N ol'the 6th PM Weld County , Colorado. 992635 FILE No.996 08/09 '99 15:48 ID:I,ELD CTY GOVT FAX:9703520242 PAGE 3 'Re properties and owners of said properties adjoining said right of way are as follows': 37 m K 2 f- N r. ► 106672 ( A,V--JA . Mor2Wrtf DA e ) 2. CANNoN FAP 4 I:xist.ing utilities, including hut. not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way are': NOM As support for this petition, Petitioners slate that the right of way has not been constructed nor maintained by Weld County; that no purl is within a City or Town or a County other than the County of Weld, that no portion of the right of way is shown as part of an approved or recorded subdi vision plat,map,or unincorporated community legal ly filed prior to any regulations controlling subdivisions; that the right of way is not used by the public;that vacation of the right of way will not leave any land adjoining said roadway land adjoining said roadway without an established public road or private-access easement connecting said land with another established. public rood. Ietitioners agree that they will permit ally persons owning dedicated and recorded easements This information shall be provided In the form of a certified let of the names,addr and the corresponding Parcel Idenllflrstlon Numb igned by the Well County Aesessor of the owners of properly(the surface estate)who owns one acre or more of land adlscent to the roadway.The source of such list shall be the records of the Weld County Assessor,oran ownership update from ti title or abstract company or attorney.derived from such records,or from the rsccrds of the Weld County Clerk and Recorder. if the list was assembled from the records of the Weld County Assessor,tha applicant shall certify that such Hat wee oesembled within thirty (nh)days of the petition submission dale. This Information may be found by utility locates,tills research,review of utility permits issued by the Department of Public Works and site investigation. FILE No.998 08/09 '99 15:49 ID:WELD CTY GOVT FAX:9703520242 PAGE 4 and rights-of-way liar the use of the right of way to continue such use after formal vacation by Weld County. Further, Petitioners agree to pay costs of providing notice including publication, and recording of the resolution. Special Provisions': As witness, our signatures hereunto annexed and followed by our address this day of S.1GNATURtk; ADDRtSS # C O a. Vic, S� 11 C, r. E L E y , — CAN,v t This could include a means of eubatltuling a right-of-way in another location such rev Petitioners agree to dedicate or otharwise con.sy,In a tom acceptable to the Board,a 60' right or way as shown on the attached map and to provide any necessary surveys or legal descriptions to describe the dghl of way so conveyed. FILE No.996 08/09 '99 15:49 ID:WELD CTY GOVT FAX:9703520242 PAGE 5 SI llISCRIIIIUI) AND SWORN to by Ace) Can 11-(IYI -... before me this C/ day of -Sefte<tiik 4r . /92.. . WffNPSS my hand and official seal. Li'', a • Notary Public My commission expires: �/y��9 DENISE A. ROSSMAN NOTARY PUBLIC STATE OF COLORADO M:1WI'NILI=5U'WORKS\VAC'A'PIRI) l.I)M ¶ - 17 11990 Grant Street, Suite 402 Denver, Colorado 80233 NVIRO Phone (303) 457-4322 R Fax (303) 457-4609 TOCK,1.. Monday, September 27, 1999 Lee Morrison Weld County Attorney's Office P.O. Box 758 Greeley, CO 80632 Subject: Abandonment of Weld County Right-of-Way, Morwai Dairy Dear Lee: Please find attached Morwai Dairy's petition to have the road right-of-way, between Weld County Road 28 and Weld County Road 30, be declared abandoned and vacated by Weld County, specifically that portion described as: Between the N2 of Section 28 and a parcel described as 45.3 acres in the E2 of Section 29, T3N, R65W of the 6`" P.M., Weld County, Colorado. Property deeds, map and survey information is also attached. Additionally, a list of the property owners within 500 feet of the subject property boundary is included. The Utility Notification Center of Colorado (UNCC)was contacted concerning utility lines in the right-of-way. The UNCC provided EnviroStock with Ticket#439247 and indicated the following entities would be contacted: Duke Energies US West Greeley Gas KN Gas Gathering US Exploration Patina Oil and Gas Environmental Communications H & S Resources Northern Colorado Water Conservation District United Power The response deadline was September 10, 1999. Of the four companies that responded, only the Northern Colorado Water Conservancy District indicated it had a water line near the ROW. The water line in the vicinity of the ROW lies east-west and crosses perpendicular to the ROW approximately twenty feet south of the northern section line. NCWCD indicated it had no Serving Environmental Needs of the Livestock Industry problem with the ROW abandonment as long as continued access is provided. Morwai Dairy receives water from the NCWCD,thus,providing NCWCD continued access to their water line is also in the best interest of the dairy. If any additional information is needed to facilitate the abandonment of the right-of-way indicated above, please let me know. Sincerely, 744, Philip Brink Environmental Analyst PC: Board of County Commissioners Julie Chester, Lead Planner Frank Hempen, Director,Public Works Morwai Dairy Enclosure: Road Vacation Petition Warranty Deeds (copy) Site Map and Property Description(copy) Certificate of Conveyance List of Property Owners within 500 feet • Serving Environmental Needs of the Livestock Industry 11990 Grant Street, Suite 402 Northglenn, Colorado 80233 NVI RO Phone (303) 457-4322 T )/ R g) Fax (303)457-4609 S OCK,�'he, August 31, 1999 Bruce Barker Weld County Attorneys Office P.O. Box 758 Greeley, CO 80632 Subject: Morwai Dairy, LLC: Abandonment of County Right—of-Way Dear Mr. Barker: This letter is a formal request to begin proceedings with Weld County to abandon one mile of the county's right-of-way between sections 28 and 29, T3N, R65W for one mile north of the intersection of WCR 41 and WCR 28. These two sections are bounded by Weld County Roads 28, 43 and 39 on the south, east and west respectively. Discussions with adjacent property owners, Cannon Farming Co., have been initiated as indicated by the signature below. Please contact us at your earliest convenience regarding this request and fut e proceed^ . iin��gs. 1 John & Ellen Moser Cannon F g Co. &INmO& LANs co Z76'00 c-, au Fin 5+. -' I! C.eI.V&ia Address Address Sincerely, Thomas Haren Vice President Serving Environmental Needs of the Livestock Industry DEC-31-'00 THU 09:08 ID: TEL N0: #518 F02 AIORIVAI DAIRY LOCATED IN THE NORTH 1/2 Of SECTION 20, AND THE EAST 370 PUT OF SECTION 20, T3 N, R $5 mops THE ON PRINCIPAL MERIDIAN, MELD COUNTY, COLORADO PONT OF BLIWI A; N 1/4 CORNER SEC 28 FOUND IS RE&R ANO ,?i SM'�4'E 2804.25' CAP W�i20 SEC ?8 ` � FOUND 12 /2' 28 2,4918°E. 240452' R C PARCEL 2 Q317,3 ACRES w 1/4 CORNER SEC 28 1 FDA 0 _1514.101202 1/2' CRAW P 1s� 1 E 1 4 COIbIER SEC 2 N89'44'23'N 5221.81' jiY1 i Op Eli % CORNER/SEC 28 NUI1NU11/Of NW3$'53'W^38$17 DEC-31-'00 THU 09:09 ID: TEL NO: #518 P03 MORWAI DAIRY LOCATED IN De NORTH 1/2 OF SECTION 25, AND THE EAST 370 FaT OF EECIION 20, Y 1 N, R Sb W OF THE 0TH PRINCIPAL NEREMAN, WELD COUNTY, COLORADO PARCEL 1: A PARCEL OF LAND LOCATED IN NE FAST 1/2 OF SEC11ON 29, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SO016'56"W ALONG THE EAST UNE OF THE NORTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 2656.87 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 29; THENCE SOO'15'50'W ALONG THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 2644.47 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE N89'38'53"* ALONG THE SOUTH UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 386.27 FEET; THENCE NOO'16'23'E A DISTANCE OF 4914.68 FEET; THENCE N45'16'56'E A DISTANCE OF 546.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 45.3 ACRES MORE OR LESS. PARCEL 2: A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M„ WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE S89'30'341 ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28 A DISTANCE OF 2604.25 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE $69'49'28'E ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28 A DISTANCE OF 2604.52 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOO'00'0014 ALONG THE EAST UNE OF THE NORTHEAST 1/4 OF SAID SEC11ON 28 A DISTANCE OF 2650.29 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 28; THENCE N89'44'23'W ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 28 A. DISTANCE OF 5221.81 FEET TO THE' WEST 1/4 CORNER OF SAID SECTION 28; THENCE NOO'16'56"E /ONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28 A DISTANCE OF 2656.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 317.3 ACRES MORE OR LESS. PARCELS 1 AND 2 COMBINED: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 29, AND THE NORTH 1/2 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE S89'30'34"E ALONG THE NORTH UNE OF THE NORTHWEST 1/4 OF SAID SECTION 28 A DISTANCE OF 2604.25 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE 589'49'281 ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28 A DISTANCE OF 2604.52 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOO'00'00'W ALONG THE EAST UNE OF THE NORTHEAST 1/4 OF SAID SECTION 28 A DISTANCE OF 2650.29 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N89'44'23"W ALONG THE SOUTH UNE OF THE NORTH 1/2 OF SAID SECTION 28 A DISTANCE OF 5221,81 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 28; THENCE 500'15'50'W ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 28 A DISTANCE Of 2644,47 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE N89'38'53'W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 386.27 FEET; THENCE NOt716'93"F A 0ISTANAF OF 491468 FFFT• THFICF N45'1 CcR'F A mrskirr tic SIR 1 R rrrr rn inc rviai Vr OLUIIIIINIU.. . , - SAID PARCEL OF LAND CONTAINING 362.6 ACRES MORE OR LESS. a`��elnuuunnq CERTIFICATE OF SURVEY �j` 1,00 RIGo}s ROY A. OLSON, A REGISTERED LAND SURVEYOR DO HEREBY CERTIFY a`et%, ran lE T THE SURVEY PLAT SHOWN HEREON WAS MADE BY ME, OR UNDER MY 1;rV CTION, FROM NOTES MADE IN THE FIELD AND THE SAME IS TRUE AND ;10117 C� ECT THE BEST OF_MY KNOWLEDGE AND BELIEF. -K Q-' /2-3/-98 ;�J' ,... „...O%,4? A. OLSON DATE COLORADO P.L.S. 30113 `'��'4; 1I,N9 .04 FOR AND ON BEHALF OF POWERS ELEVATION CO., INC. IMED 12-3148 ��aamnwaa�� a ' '3 EEC 0239 i 0325 05/25/94 16:31 $10.00 1/002 II ;_ artmpl2S F .3 MART ANN FEUERSTEIN CLERK & R. RDER MELD CO, CO . ,, , ' SUITE D0CUMENTWh fa 4 SPECIAL WARRANTY DEED D� `_25 9`/ Parcel 3 $ / THE FIRST NATIONAL BANK OF LONGMONT, a national banking , t , association, whose address is P. O. Box 1159, Longmont, CO 80502-1159, for the consideration of ONE HUNDRED EIGHTY THOUSAND A!D NO/100THS • ,,t DOC FEE DOLLARS ($180,000.00), in hand paid, hereby sells and conveys to JOHN ,$18.00 R. MOSER and ELLEN F. MOSER, as tenants in common, whose address is I. 12623 WCR 443, Hudson, CO 80642, the following real property in the County of Weld, and State of Colorado, to wit: EAROLS The North 1/2 of Section 28, Township 3 North, Rangs 65 West, '' TOGETHER WITH all ditch rights, irrigation wells and domestic wells, decrees, and other water rights, pumps, motors, pivots, 3 pipelines and other equipment, associated well permits, and GASP units appertaining thereto, `, RESERVING unto the Grantor all oil, gas, and other hydrocarbons' appurtenant thereto and presently owned by the Grantor, and the r right to prospect for, drill and remove the same, except those rights reserved by surface owner in the original lease or 1 , which may allow the lessor or surface owner the existing right to use and or purchase well head gas, or any existing uses of the well head gas on the property, > also known by street and number as farm land, Hudson, CO 80642, 3 and warrant the title to the same by, through and under the Grantor, with all its appurtenances (IN THEIR PRESENT CONDITION, AS IS) , subject to existing easements for roads, ditches, utilities, pipelines, gas lines, electric lines; mineral reservations and 1 of record; government regulations; building and zoning regulations; , special taxing districts; 1994 general property taxes which Grantees , agree to pay; matters on Schedule A attached hereto; and matters set g forth in the contract- not merged herein. y Signed this 24th day of May, 1994. f THE FIRST NATIONAL BANK OF LONGMONT, a ,t, \‘01:41- C.1 national banking association • 4• xsT f w j r#Li `' / By: L�ai'.'�JI,f�,ac.L ...- ...c,`z• ,1 ,: � Herbert G. Balderston 4) ' Lke a ibtti, Cashier Vice President STATE OF COLORADO ) - ) ss. COUNTY OF BOULDER ) The foregoing instrument vas acknowledged before me this 24th a .day of May, 1994, by Herbert G.'Balderston, as Vice President, and Las Mariotti, as Cashier, of The First National Bank of Longmont, a • national banking association. Witnpes my hand and official seal. Q_14.z1r • : My gdmmission expires: O a 16, 1994. Notary Public rOm IG o -- colt', gr • WELD COUNTY TITLE COMPANY Downtown-1221 8th Avenue,Greeley,Colorado 80631 (970)356-3232 Fax(970)356-3248 West-1009 37th Ave. Ct.,Suite 101,Greeley,Colorado 80634 (970)351-0007 Fax(970)3516633 WCTC Order No.: WR47145 Title Examiner: LIZ WOODS - DOWNTOWN- 356-3232 Designated Closer: Purported Address: Current Owners: JOHN MOSER OR WES MOSER Proposed Owners: Tax Cert Ordered: NO Survey Ordered: NO Original To: ENVIRO STOCK, INC. 11990 GRANT STREET #402 DENVER, COLORADO 80233 ATTN: THOMAS HAREN Copy To: Copy To: Copy To: Copy To: THANK YOU!! WE APPRECIATE YOUR BUSINESS!! cr 1 .' CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WR47145 • The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972 : LEGAL DESCRIPTION: The North 1/2 of Section 28, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Book 1277 Reception No. 1088783 Book 679 Reception No. 1600938 Book 695 Reception No. 1617066 Book 1443 Reception No. 2390325 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 27th day of July, 1998 at 7 : 00 A.M. WELD@jJNTY TT LE COMPANY By: OLGA-, Authorized Signatory A ...... .. . .. . _ .1Y°'h1e3.L1L ' 8=1 • •-. • r• iu �rsai Arid w.omu;!re..+• . - 0 ' Random No. I ''� • t day d August • l d.. �hi$laffII m.4.. 6Y 15th •i - t4 ,....d am trd ea thssdD• N. R ill ty h.tweAet ' • - - al - -D. LORENZ also Smown•aa HAA2lL�A: LDA611Z� - . . - •• •• - - Caab d Weld W saw d Oetua�de.d the • d tM 6.•t v�and r •• HA C D. N. LORENZ and BERT . LORENZ W Seats d Cando,d m. I 1 a d.. Cwgd Weld nand putt d the part,for and la toe.IdenNee a the sr a NuaITNESSbt That sad erat _ DOLLARS 4 • other v valluable consideration and Ten the wmbt whereof b w r.e vats y we ass partite d the weave wet ,w ties s to eb ssld pert). d the nr,t part ne W ,ofd W cmee9ed.W by these preheats . 0 has t mdea.ed and sekne.ledad. ha grated. dht.a. to act le Wan la met'°" + pant bamL.s.n convey rd matins nolo the sad parties the woad part, peachute.se.ter.Id• bet In+Dint truancy,the molter d them their assigns and the fairs huh.d nth w ann lowing deambed lot a or parcel s d land, slate. lying - - - and Stated Colorado,w-wat t la the _ - comity et Weld - - - - - -. - The Northwest Quarter (NW}) of Section Twenty-three (23), Township I J Four (4) North, Range Sixty-six (66) West of the Sixth Principal -- 15( Meridian, together with 18 shares of the capital pita ofdThel astern- • . I.utual Ditch Company, the irrigation ump and all motor oors of way l for �� manta and appurtenances thereto, and anysaid land; excepting all .A1 � ditches used for the purpose of irrigatingt.` that part of the above described property lying north and west ofthe ,,a., 11. east line of the Union Pacific Railroad ompLwc right of located in s the ±)j ., excepting a parcel of lard comprising .•., w northeast corner of the northwest er of r describedaSection ne23,lthee of r boundaries of which are more particularly 365, of the Weld County Records. mortgage 'recorded in Book 956, page �' Also conveying hereby a parcel of land comprising etibout t3two ooacres 4 {1 located in the northwest corner of the SW}lofCSectio Colorado,, T on North, Range 66 'Nest of the 6th P.M. in to the WWI of said n {�. which are lccatcd the improvements that belong the particularly described_ t; Section 23 and which parcel of groundt nor is thwesre t corner of the 6P' t • as follows, to-wits thence tinning - 1 said northSline of said section474th 2 feet; t 36 hence North 236 feet; thence t� . West 474 feet, more or lees, to the place of beginning. - Also hereby conve ing the North Half (N}) of Section Twenty-eight (20), (i y' e Sixty-five (65) West. of the Sixth I!. Township Three (3). North, Ranee lE• Principal Meridian. Also conveying all that part of the East Ralf .(El) of the SONt aet • Iy Quarter (5E}) of Section Twenty-two (22), Township Four (4) North, Range Sixty-sixl : n) West of the Sixth Principal Meridian described as follows Beginning at the southeast corner of said Section 22; thence West S1188 feet;ection 22;thence tlnnceNorth 2640 East 1188 feet; thence South 2 40 feet to the north line of \ I said at together with an undivided one-half I\ to the place of beginning, g of the SE} of said Section ' interest in a reservoir located in the 14 224 ) of the Northwest Quarter (N ) Also hereby conveying the West ip Four(4) North, Range Sixty-aiz (66 i Township '` of Section Fifteen h r(15),ci 'hest of the Sixth Principal MerLusDitoh Companpth 8 shares of the i capital stoc.. of The Western,Mu. ' lI R j . • •:t. ;t.: x: I� f•B,aK1277 t.k: .... ...ii.,.. -xi,:i. .ii hereditament* Ihmeeto WlandM, er In any wW 1 `, :f• i. (Actual coneaderet1on-bee than 1100.00 t kaea aed preda St`°I• n� - 1', TOaeTH[R weh eD aed rand larre eM n% reminder and aremainder% M 4 of the pink rofits 4 either k .:,. appthee ntai' and the rerla and a andnde, remainder whatsoever d the said pan? )' right,. I title. to .rkre and demaIned premises, with she Medlbmentr and appertennntee• tab the • i al, .. • 3 ail the est.'. w1 b apparteaw+a ha w ray^V,al.AND awl the e Westland e�rnlses above Writhed tad JeaaAha4 l Heel,n• wee for- S :- f: •. parties TO TO NO I the said iK and the heirs ad 5Jd laemeth ea ardent , , C, ; 1 d of the part? n.the survivor r d them,their adgna, eaaetsh lad adnda ewk ..r.: lot hhle alt phleh'dn Wood• Part tM senior et the I.'. • ncr. And the said Ion T of thr Rest parr. �sbaa peaente. tae,heirs ir and n and never wand whin the aid the ertke et thee aawling and deflecting ai pe ante , i.:: entrm i grant. that en at goad. re.Peel athlete use 1 A 1 . el inli and the laet shr of sad avnlea, and Mold authority to rant.bargain , l'2 y he well.5 l of the k.sadremises abort conveyed.rid'I1D pia and clear barn sd tanner and t el I sad c nve, in the same M let manner,and o aforesaid,sd arse en free tied 1 YlW ann r uh r g antse7, rt. ire.lane.sad form aett and that the NOM ot whattea r isnub and hlnm t n sales. lent taxes. assessments., su avant to g � � subject to any and all unpaid taxes and encumbrances; \ ... mbk poreaakn at the aid parties el the neeoad part,Per the [50 l' remises in the quiet and Pa h • 0.= anrvira'.aplaa sit sad every penes end wDl wad den manse n% their p the old lea ,T at she era pat .. t ,' =1 mrt of thingorto eaism a the hr a sad part thereof,the ffff lawfully RR claiming In rki.n the whole or any Pnrt sad WARRANT AND FOREVER DEFEND. hereunto ea his Wad the uY parQ of IW first mel W e IN WITNESS\YIIEREOF, written. , scat the as and year Rat above [ / __ — • _REAL) Signal.Scaled and Ikliterrd h tit Pretence of L nL -r e0 e • t. . ..... D.}e. •^_dSEAy _.. . --.. _ .- - _ Daniel N • Loreat �., , h>. ;IP Ira --' --'- -- - - r I Minn m this _ `f t. pp , ;.i STATE 1 RADO The Its. ImrgdnR ingnmrnt was acFmwkdaed ��..D0_ G1� - yt,f- r ••••••...C. AuEuat__-- n.60,by Dn_NnSD j \ T+,, 4 ✓ Ny.. aDJJaaSeiH�LDse . a.. r 1 Witness Y7 Head sad�9 77.Qr 1 785'a ..� i J ' Sea O a :` Mr Commkdae Espies 41 l . ,♦. a:'� H poet: 11 l re at l‘',. 1 Galas.Celomdw • • Greeley, WARRANTY DEED—To joint Tenants—McVey Printery, ,. J r • • II t c er�ooV IC!Irr, t f i a r.1•{ . .-, t` -"..1‘4•ter i f .rtF .: Y T I .,e,".,,, i" ';n/r i . t'' 1 i la. At'S. I., • f - wry. i • .F,.,` ` N; . .' I - y. ,.-v. tr t.--F: b See a,`\ :? - Mi ,. rxzi • y • 1 � iii ti, u. • . ' i4ri -- e.3 Nn'I -9 i�7 ;.; iu i'—: eccY. Roc, ..at.... .. ..o'cixk M. _.... _ . e-t ' • 679 160033H ea a'aR 1 ! Reception No..................... - Recorder. 1 ;1 KNOW ALL MEN BY THESE !'RESENTS. That H. N. LORENZ and BERTHA LORENZ E‘I ' and State of Colorado, of the County of Weld , �+ t :i I for the consideration of other valuable considerations and Ten ($10.00) Dollars, I to in hand paid, hereby sell and convey-to Jessie Jane Aranci . . and State of Colorado, I ca -of the . County of Weld , j the following real property, situate in the County of Weld • o and State of Colorado, to-wit: • - - • 'at The North Half (N7,) of Section Twenty-eight (26) , in Township ca' West of the Sixth M� Three t�J North of Range Sixty-five (65), s Principal Meridian. U 0 The Vendors reserve an undivided one-half interest in all .o o oil, gas and other minerals with the rights of ingress aid co - regress to develop the mineral interest herein reserved; m n o 1 ..1 I [,:c h 0V-2. 1972 a i . I . p. with all its appurtenancix. Lnd warrant the title to the same. subject I,. mineral reservations of record; unreleased oil and gas leases; the 1966 taxes payable in 1967; reservations contained in the. United States patent and rights-of- way for public highways, roads, ditches and reservoir rights, if any. • Signed and delivered this 3 0 = day of November' .A. D. 19 66 In the presence of a.e i'` vim�// `(SEAL) . w.... e A *I-* _(SEAL I ......_. .._ _......__ !SEAL, STATE OF COLORADO) COUNTY OF WELD. f's The foregoing instrument was acknowledged heifer me this....3o 4 day of November Ur 66. 6v'I(�1f.. N. Lorenz and Bertha Lorenz. • ,\1'}1 }mind and official scat • ��eg � c is=dA expire-4 C 4 •11 In- ,.t u.rt.r..m..r to-..u. herein inset nano. ..t name.:if h,pc•-..o-act mu r rq+r.n:pli,,..r official calo.i / r a, alnrcney-in-fa-t. then ins ..tl et name or prr,on a. executor. attorney.in•fart ..r vr i..n lac or dr•cription: it I.r tTJ• C officer ..f corporation. then inert ratite of such oilier an officer..a• die pee-dent.-,—et.r inns.....ue i corporation,na,,t- P. ' inq it . - 5r.\TUTORV .\CKNU\VLEDGai ENT.SESSION 191:. 1VARR.\VTY Itl:ha) --Sutut,ry Form r ;r �� JUL ] 0 13T • r q _ Record .. a a1ork. I 11.. ... .. u) 1) tR.e pi w.. 1611066 ` 4N srn.,,. Rernm«r. o Y; _ _j. L �I.1 I!JESSE JANE ARANCI individually and as . • °. I executrix of the estate of ANTHONY P. ARANCI , I ,_., f,l'iI deceased, .i. whoaeaddresnia 1415 West Mountain Avenue, Fortr.c Collins, ,statenf 3i1County.of Lar lmer • i1Colorado , for the consideration of Ten Dollljii ? and other good and valuable considerationq,-I doias In hand paid. hrn,hr sells) and convey(s) to NORMANi :a r ^ MOSER and MARGUERITE ELIZABETH M0SER, as joint II - :�, tenants, 1.1 ' • —. whose address is Route 2, Box 52, Fort Lupton County of :cr.: st- ` Weld , and StateofColorado the following real property in the oo Onuntyn{ ife1d ,and State of Colorado,to wlt: o t Parcel I it, rt li "'t The North Halt (N 1/2) of Section Twenty-Eight (28) , in Township 3 S1 - = Three (3) , North. Range Sixty-Five (65) West of the 6th P.M. 0 e , Parcel II The North Half (N 1/2) of Section Nine (9) , Township Two. (2) North, r .w of Range Sixty-Five (65) West. of the 6th P.M. , Weld County, Colors TOGETHER !fIT1I A.W. Glover Wells Nos .. 2 and 3, recorded In the Weld • ri County Colorado Records on October 14, 1955 in Zook 8 of Maps, at Page i5, and also registered with Division of Water Resources, Office `� I of the State Engineer, State of Colorado. Ground Water Section, undet . t, Nos. 20370-2 and 2_0379-3. all on May 5. 1960, and Duane Aranci and ,1 rF! i Jean Ann Aranci Well Registered under No. 3507-F on March 28, 1962. 4 • S,1 • I JUL 1 n 1973 .• with all its appurtenances.and Warrant(Al the title to the san,.•.s,:bjr•rt to general property • � taxes, and liens or encumbrances created by or through grantees and 7₹1.- easements, roads. ditches and rights of way in place or of record f • and prior patent and mineral reservations if any, and Peed restric- ' tions or exceptions if any. l" • ' Signed this day of lune . 19-3 1 1 ' 1 - - STATE OF COLORADO. iQY t. Comity ty of I I The forstroi ne i. '-'rmrnt was nrknowlr"Ird 1-•f,,rr me this 2'II h da:"t 'uno . 19_S .hy 'rac '.lane 1r.int. ; , ir.l. H.1. , : �c la\e�:crrnt�tib. the estate _ 1-thonr . 1rin_ i . derr't< ._ . i j1YI?/fr�u°ti„n-•-aims .Nprll II, I'.-3 ' Iar # ,y. yd and offimul real. tit U 6\.;\C.! 13 NEC 02390325 05/25/94 16:3' - $10.00 1/002 ii ; an2310325 7 13 MARY ANN FEUIRSTEIN CLERK & 1 JRDER WELD CO, CO ' STATE DOCDMENTAT I FEE ' SPECIAL WARRANTY DEED Date—2----2-12--47.1. Parcel J $ /28 ..._ i } THE FIRST NATIONAL BANK OF LONGMONT, a national banking , association, whose address is P. O. Box 1159, Longmont, CO 80502-1159, for the consideration of ONE HUNDRED EIGHTY THOUSAND AFD NO/100THS i • ' DOC FEE DOLLARS ($180,000.00), in hand paid, hereby sells and comreys to JOHN : *18.00 R. MOSER and ELLEN F. MOSER, as tenants in common, whose address is 12623 WCR #43, Hudson, CO 80642, the following real proTerty in the. County of Weld, and State of Colorado, to wit: .Nkii orth 1/2 of Section 28, Township 3 North, Rang, 65 West, TOGETHER WITH all ditch rights, irrigation wells and domestic wells, decrees, and other water rights, pumps, motors, pivots, pipelines and other equipment, associated well permits, and. GASP '., units appertaining thereto, x RESERVING unto the Grantor all oil, gas, and other hydrocarbons appurtenant thereto and presently owned by the Grantor, and the right to prospect for, drill and remove the same, except those rights reserved by surface owner in the original lease or leases, which may allow the lessor or surface owner the existing right to use and or purchase well head gas, or any existing uses of the well head gas on the property, also known by street and number as farm land, Hudson, CO 80642, and warrant the title to the same by, through and under the Grantor, with all its appurtenances (IN THEIR PRESENT CONDITION, AS IS) , subject to existing easements for roads, ditches, utilities, pipelines, gas lines, electric lines; mineral reservations and leases ; of record; government regulations; building and zoning regulations; . i. special taxing districts; 1994 general property taxes which Grantees • agree to pay; matters on Schedule A attached hereto; and matters set . forth in the, contract not merged herein. j Signed this 24th day of May, 1994. ' 4. THE FIRST NATIONAL BANK OF LONGMONT, a '- \�01 '.' national banking association T. A4S s } • By: alt id &4 . � Herbert G. Balderston Z.0'..ixths I�A ibtti, Cashier Vice President • STATE OF COLORADO ) . ) ss. COUNTY OF BOULDER ) = is The foregoing instrument was acknowledged before me this 24th ?' • " day of May, 1994, by Herbert G.'Balderston, as Vice President, and Les - Mariotti, as Cashier, of The First National Bank of Longmont, a national banking association. Witness my hand and official seal. �, V O i :; My 40emission expires: a 16, 1994. r. ` • 1• .0i.Th ...0 Notary Public it. ^UP' IC nI • r•' COLC‘ {' 19 1443 RAC 02390325 05/25/94 16:31 0_ ,00 2/002 : T 1414 MARY ANN FEUERETEIN CLERK • RECORDER WELD CO, CO ;;• SCHEDULE Si Right of way !or COUNTY ROADS 70 feet wide on either side of section and township lines as established by ORDER or 'DR BOARD OF COUNTY CCMUSSIONVRS FOR WILD COUN'lz. recorded OCTOBER 14. 1149 in BOOR 46 at PAGE 273. - ' Reservation as contained in Patent recorded OCTOBER 15, 1901 in BOOR 31 e.t PAGE 472. ;. said reservation being as follows. - a. Right of the proprietor of a vein or lode to extract and remove his tire therefrom should the same be found to penetrate or intersect the premises. • b. Right of way for ditchess -aad canals constructed by the authority of the United -1 States. (Affects the NE 1/4 of Parcel J) • . • 1 ' ' Reservation as contained in Patent recorded APRIL IL 22 in BOOR 112 at PAGE 19. - ti said reservation being as follows. - - a. Right of the proprietor of a vein or lode to extract and remove his ore therefrom :. should the same be found to penetrate or intersect the premises. • b. Right of way for ditches and canals constructed by the authority of the United .. States. . '. (Affects the NW 1/4 of Parcel J) u,{ s and other Admirals with the Reservation of an and 1/2 interest all oil, ,1 rights of ingressend regress the in to develop mineral iaterase herein reserved u contained in instrument from D. N. LORENZ AND BERYRA LORENZ recorded NOVEMBER 2, 1972 ;1 in BOOK 679 as RECEPTION NO. 1600974. and any interests therein, assignments. or ;T conveyances thereof. (Affects Parcel 1) fA The following notices have been reeordid with the Clerk and Recorder of Weld County Pursuant to CRS 9-1.S-107(1). These instruments do not define the exact location of . � ' the underground facilities and may or may not affect the subject property' '.4 NOTICES BOOR RECEPTION MO. :j A) MOUNTAIN BELL 949 117070911 .t B) UNION RURAL ELECTRIC (as to Parcels 1-7) - 949 - 1171004 C) GREELEY GAS COMPANY (as to Parcels 1-4) 921 1672940 0) PUBLIC SERVICE (as to Parcels 1-4) • 352 1474014 E) COLORADO INTERSTATE GAS • 1041 1979714 F) PANHANDLE EASTERN PIPELINE (es to Parcels 1-4) 1117 2096722 1 0) UNITED POWER. INC., FORMERLY UNION RURAL ELECTRIC ASSOCIATION, INC. 1244 12J92l4 ,I las to Parcels 1-4) . ,1 1 Financing Statement from Wit NDMER-Afro SONS. ENC., AND JORDI R. POKER. Debtor, to .•,� . Party, recorded APRIL 11, 1994 as TZLIPE 110. BANK ONE QREELEY, N.A.. Secured • U25607P. , '' i 94,2 ARMEN 01111 111131111111111111 III IIIII IIII 1111 2664967 01/06/1999 11:22A Weld County CO 1 of 2 R 11.00 D 6.77 JA Suk! Taukamoto Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named:helaw.as-GRANTEE-. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions", and(7)subject to building and zoning regulations. D.F. $6.77 The Specific Terms of This Deed Are: Grantor: (Give nanr(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) WARDELL FAMILY LTD., LLLP, A LIMITED LIABILITY LIMITED PARTNERSHIP Grantee: (Give name(s)and address(es);statement of address,including available road or street number.) JOHN R. MOSER AND ELLEN F. MOSER Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Property Description (Include county and state.) SEE ATTACHED EXHIBIT A Property Address: Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and unconditional.) SIXTY SEVEN THOUSAND SIX HUNDRED FIFTY AND 00/100 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) Additional Warranty Exceptions: (Include deeds of trust being assumed and other nutters not covered above.) Executed by the Grantor on JANUARY 5, 1999 Signature for Corporation,Partnership or Association: Signature for Individual(s): WARDFrs FAMILY LT LLLP, A LIMITED LIABILITY LIMITED PARTNERSHIP /Name of G ntor: ati C,,Partnership or Association Grantor By ROY TTh' RD L, P RTNE.T Grantor mr By `:{V( P i��',, •''-:Ca 111 Grantor II Attest: , E CHERYL L. STATE OF COLORA I"j ep\ •' 'I ) COUNTY OF ell")MELD 'al�� ) SS. The foregoing instrument bys4kppeecol F:''r .re me this 5th day of JANUARY, 1999 By. RU ROY T. WARDELL, PA' . Wg' a,., FAMILY LTD., LLLP, A LIMITED LIABILITY LIMITED PARTNERSHIP WITNESS my hand and official seal. My commission expires: AUGUST 4, 2001 Notary /p/�slie STATE OF ) ss 1221 8 AVE, GREELEY 063C'O,X 1 COUNTY OP ) The foregoing instrument was acknowledged before me this day of By* (*name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires: Notary Public ®1981 UPDATE LEGAL FORMS WCTC No. 201-L EXHIBIT A TO WARRANTY DEED DATED: JANUARY 5, 1999 GRANTOR: WARDELL FAMILY LTD. , LLLP, A LIMITED LIABILITY LIMITED PARTNERSHIP GRANTEE: JOHN R. MOSER AND ELLEN F. MOSER PARCEL 1 A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00°16'56" WEST ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 2656.87 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 29; THENCE SOUTH 00°15'50" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 2644.47 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE NORTH 89°38'53" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 386.27 FEET; THENCE NORTH 00°16'23" EAST A DISTANCE OF 4914.68 FEET; THENCE NORTH 45°16'56" EAST A DISTANCE OF 546.16 FEET TO THE POINT OF BEGINNING. MILLI IUILIIi111IIIII.IIIII.111I1111111 III 11111 LIII IIII 2664967 61/06/1999 11:22A Woad County CM 2 of 2 R 11.09 D 6.77 JR Sukl Tsukamoto 11111111111 "MIA 111111111111 11111 III 11111 IIII liii ( U %) 2693146 05/11/1999 03:19P Wald County CO 1 of 1 R 6.00 D 0.00 JA Suit! Taukamoto ____—_ REQUEST FOR PARTIAL RELEASE OF DEED OF TRUST AND PARTIAL RELEASE j (WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(3.5),C,R.S.) I I May 7. 1999 Date I Bang,paC y a r(/ American AP. OriginalQlr# eT) John R Moser, Ellen F Moser (trnn7cr Wes Moser & Sons Original Ben ) I I June 8. 1998 Date of Deed of TrustIl July 8. 1998 .-- Recording Date of Deed of Trust WELD _ _ County of Recording 7624731 of Recorded Deed of Trust Reception No.armor Film Na and/or Book/Page No. TO THE PUBLIC TRUSTEE OF ELlii County(The.Rublic.Trustee tawhom the above Deed of Trust conveys the said property.) PLEASE EXECUTE AND RECORD A PARTIAL RELEASE OF THE ABOVE-DESCRIBED DEED OF TRUST pursuant to §38-39-102(3.5),C.R.S.The legal description of the real property to be released is set forth in the Partial Release of Deed of Trust that I follows this Request.In support of this Request for Partial Release of Deed of Trust,the undersigned,as the owner of the evidence of debt I secured by the above-described Deed of Trust or the agent or attorney thereof,in lieu of the production or exhibition of the original evidence I of debt with this Request for Partial Release,certifies as follows: I. The purpose of the Deed of Trust has been partially satisfied. 2. The original evidence of debt is not being exhibited or produced herewith. 3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to§38-39-102(3.51(a),C,R.S.for any and all damages,costs,liabilities,and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Partial Release. 4. It is one of the entities described in§38.39-102(3.5)(h),C.R.S. American Ag. Current Owner and Holder of the Indebtedness Sutured by Deed of Must(Lender) Dale Tanaka. Vice President Name arid Title of Agent or Officer of Curren Owner and Holder 1901:1 56t Ave. • x#2110. Greet P nedreC cu 8.0V4 and}we, .0 4and}we, I /; ✓/ Signature Lt4 Signature ESTHER C. LOPE State of Colorado,County of WELD IVTAR';` PI...rib_ ) itness milt g�d-pnd otficial,seal The foregoing Request for Partial Release was acknowledged before me on STATE O t-c i i ( 1, , May- 7. 1999 (date)by* I' . . Dale Tanaka, Vice President __—_ • I Notary Public Date Commission Expires PARTIAL RELEASE OF DEED OF TRUST WHEREAS,the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust to the 'I Public Trustee of the County referenced above, in the State of Colorado,to be held in trust to secure the payment of the indebtedness referred to therein;and WHEREAS,the purpose of the Deed of Trust has been partially satisfied according to the written request of the current owner and holder of the said indebtedness; I NOW THEREFORE,in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged, I,as the Public Trustee in the County first referenced above,do hereby remise,release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have I under and by virtue of the aforesaid Deed of Trust in that portion of the real property described as follows: , • The North 1/2 of Section 28, Township 3 North, II Range 65 West of the 6th, P.M. , Weld County, Colorado TO HAVE AND TO HOLD THE SAME,with all the privileges and appurtenances thereunto belonging forever;and further,that as to the property described above,I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust. 14b 1f d 1999 WELD MARY HERGERT Y yIl J J Slate of Colorado,County of PUNIC Trustee The foregoing instrument was acknowledged before me on L %CI�(y�y� I,,�y p (date)by Sy Ir Public Trustee( DQNOIL t.IND I �� RY Fii�iii _._asth i\V1.,-„ t Public Trustee %.', :<.;? fness my hand and official seal - County.Color 4 . )1. SEPTEMBER 18, 2000 hh1 : Date Commission Ex es ry1 ES ! Notary Public led i Name and Address of Person Creating Newly Crated Legal Deeriwira I§38-35-106.6, le f:'•.,,. . .,,OrxQ' •If applofficerNe.insert title of agent or officer and:lane of current owner and holder. OF CO` Original Deed of Trust Returned to: American Ag. ' 1901 C:m Ave 9210 I Received by - Greeley CO 80634 . (S i No.1198. REQUEST FOR PARTIAL RELEASE/RELEASE OF DEED OF TRUST(;dB-J9-102(3.5) C R SJ \'f�'' Bradford Publishing,1743 Wazee St.,Denver,CO 80202—(303)292-2500—6-9g FILE No.454 0329 '99 13:47 ID:WELD CTY GOVT FAX:9703520242 PAGE 6 The vacation provisions read as follows: SECTION 21.0: VACATION OF COUNTY ROAD RIGHTS-OF-WAY 21.1 Owners of land adjacent to County road, street, or alley rights-of-way which are shown as part of an approved or recorded subdivision plat, map, or unincorporated community legally filed prior to any regulations controlling subdivisions, may seek vacation only by means of an application to re-subdivide pursuant to the Weld County Subdivision Ordinance which Is administered by the Department of Planning Services. 21.2 Owners of land adjacent to County road rights-of-way, other than those described in section 20.1, may seek vacation by petition to the Board of County Commissioners through the Clerk to the Board, pursuant to C.R.S. 43-2-303. No roadway shall be deemed vacated unless there is a resolution of the Board of County Commissioners entered pursuant to this section 21,0. I propose to amend 21.2 to add: 21.2.1 As used in this section 21, unless the context otherwise requires: 21.2.1.1 "Block" means that portion of a subdivision surrounded by streets; however designated, or other boundary lines and platted as a block, plot, tract, square, or other designated unit. 21.1.2.1.2 "Owner" or"owner of record" includes any person, firm, partnership, association, or corporation. 21.2.1.3"Roadway" includes any platted or designated public street, alley, lane, parkway, avenue, road, or other public way, whether or not it has been used as such. 21.2.2 The Board may vacate any roadway or any part thereof located entirely within Weld County If such roadway is not within the limits of any city or town but if such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties or if said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town. 21.2.2 The decision whether or not to vacate a roadway shall be a legislative decision of the Board and strictly at its discretion. However, no platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. 21.2.3 Procedures 21.2.3.1 Informal request regarding the Public Works Department position with respect to a possible roadway vacation may be made by any interested party in writing which sufficiently describes the roadway proposed to be vacated such that the Public Works Department may make a preliminary determination as to whether the County Engineer would recommend vacating the roadway. Such preliminary determination shall not be binding on the County and may include consultation with other County Departments and utility providers. FILE bb.454 03/29 '99 13:48 ID:WELD CTY GOVT FAX:970.3520242 PAGE 7 21.2.3.2 A formal request shall be made in substantially the form of the attached exhibit .The petition shall include the last-known address of the owners of property who own one acre or more of land adjacent to the roadway. This information shall be provided in the form of a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) who owns one acre or more of land adjacent to the roadway. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the petition submission date. The petition shall identify existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances within the roadway. The petition shall also Include a pledge to pay the costs of providing notice, recording and to pay the costs of any survey or utility locate which is necessary to properly consider the petition. A formal request which is complete in form will be placed on the agenda so that a resolution to vacate a county roadway may be presented within 21 days of receipt by the Clerk to the Board. Any request which €s not sufficient in form will be treated as an informal request and will not be placed on the agenda for consideration unless a formal petition is completed. 21.2.3.3 No later than ten days prior to a regular meeting of the Board of County Commissioners county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. If the petition is approved, the Resolution reflecting the vacation shall be recorded pursuant to the requirements of section 43-1-202.7 but only if the costs of costs of providing notice, recording and any survey or utility locate which is necessary to properly consider the petition have been paid. 21.2.3.5 In the event of vacation, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. 21.2.5 The Resolution shall be the only document necessary to be executed by the Board of County Commissioners to effect the vacation by operation of law and it shall be the obligation of the adjacent property owners who claim an interest in the vacated roadway to perfect their interest therein by means of a quiet title action or otherwise. Under no circumstance shall the vacated portion of the roadway be considered to be a legal lot separate and apart from the adjacent property to which it attached by operation of law. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS,TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION# Sarchet, Denny&Lavada Mae 21581 WCR 30, Hudson, CO 80642 121320000005 Frank,William&Marjorie 14015 WCR 43, Hudson, CO 80642 121321000003 Wardell Family, Ltd LLLP 18253 WCR 32, Platteville, CO 80601 121319000003 Camp, Melvin P.O. Box 127, Platteville, CO 80651 121330000001-121331000003 Bailey,Troy&Jill 13723 WCR 39, Platteville, CO 80651 121330000010 `Nichols, Clinton, do Maynard Nichol 11225 WCR 39, Hudson, CO 80642 121330000009 Gerrity Oil and Gas Co. 333 W. Hampden Ave Englewood Co 80110 121333200017 • Brunson, Kevin &Nancy P.O. Box 39, Platteville, CO 80651 121330400013 Anchondo, Ruben&Ruby 204 S. 11th Avenue, Brighton, CO 80601 121330400014 Guerra, Manuel&Vincent 1023 Pacific Court, Greeley, CO 80631 130932306026 Mile High Turkey Hatche , Inc. 711 South Bowen Street, Longmont, CO 80501 121332000004 Jamison, Jarrald&Faye 1,. 15721 WCR 10, Ft. Lupton, CO 80621 121332000019-121332000023 'Hochmiller, John E. Living Trust ''" 19640 WCR 28, Hudson, CO 80647 121332000016 `Walter, Delmer&Linda 36 Steele Street,#250, Denver, CO 80206 121333000007 -Finley,Tony,Dave&Todd 12750 WCR 4, Brighton, CO 80601 121332000014 Cannon Land Company 36 Steele Street,#250, Denver, CO 80206 130911000005-130703000013 Brandenburger Raymond&Charlott•8981 S. Brandenburger Dr., Morrison, CO 8046! 121330000011 Johnson,Trenton&Melissa 13551 WCR 39, Platteville, CO 80651 121330000008 Foster, Charles 2888 County Road 61, Keenesburg, CO 80643 121335000003 Ditson, Roland&Susan 12508 WCR 43, Hudson, CO 80642 121334000010 • Ritchey Land&Cattle Company, Inc 13821 Sable Blvd., Brighton, CO 80601 121327000014 'wGunnels, Grace&Gonzales,Adal 11335 Elliott Avenue, El Monte, CA 91732 121320000007 7O &)4 I`l49 CM c r , i , • MAP 32 _ R 5 W JOINS MAP 29 r MAYNARD G. B r - JANE EVANS BEEBE DRAW ` J r `r MARILYNA. �`� CORNELIUS GUN CARL A. SHELTON PATRICKI ENJAMIN a JOANNE JEPSON NAUB y LU DWIG re tr >-II `.S CLUB CJTTD. LENORA t ^� S VERNON L. LTD. COLLINS c° 1 ti. MOSER • 1 5 4 Q= I 9 �p 1 REI LTD. �� Rs s + FRED ARENS, JR LIABILITY _�. ` iF' LIVING TRUST 1 Co. — { a et of �� #"1 FEUNICE C. J.J. a I ARISTg�g ANDERSON ANNA E. •ANGl1S'�" TRUST etol WARDELL 1 L . f AL °RANCH 7 I 8 9 L . lis 'till YxA l:• OR3950 ARMERS RES. S IRRIG. CO. — JJ.B WLB 1 A$TK- N- EY SON LONNIE R.B N.R.B 1 REI LTD. STATE o tlELLA LEE L L FORD 0 PAUL NELSON 1 LIABILITY z EHA-R 1 CO. MILTON ELRB V4M V CERNIN 18 17 16 15 14CC °" I J RESERVOIR L B J. E°WBWHOWER Z FARMER SUSAN J!31_ y to; JAS. LAMB PCBMt! MILT N cc al NTOSH NJJ9 WEN- W_MAG JEARL F L fCC ZINGER NUSON HOFF TATES ccrad cx v...u sNN,N.„ 'IUB-DI` r W 1 GRACE d WILLIAM K. I v A, TRAU Y LIGE MARJORIE A. 1 _5 °nFE.e yj I GUNNELS FRANK DENNY W. a e Q J l- 1 I , SARCHET LAVADA ^ NAPE J 19 = 20 21 1 23 24 1 0 = _ / J. J. 8 ANNA E. I FRED E. RUSSELL JR.B 16 cr w U 1 WARDELL u . EACHUS, JR. OCRTHY K. i G .J C Li , 1 J 1 •r• re liv tr GURTLER 3 1 1 a a a a µUDKY S NANCY ELV N J. AY. 1 -JOHN R. & I I ANN AMP RAY.B.N C.J. SMITH OI BRANDENBURGOV ELLEN F/ 0'I _ ROBERT E. ydW TROY AA ALLA.I r MOSER,/.9.1.-' 1 Z O BULLARD Alm BAILEY /( [ r C.J.NICHOLS 1 "O - "... {_` 1 Q.41_ U / 31.R. 29 N 28 1 » 26 I 25u) ? TIcANNON FARMING w I— JOER. z0. D.&FRANK H. 1 CO. 1 = ~ • NOVAK ,. zCANNON F- UOW III o1 LANDCO. 1 z N Jw W 'J' 05 —IWES MOSER 1 CHARLES E. TUTTLE INV cr FOSTERELVIN J. CAMP = 1 d SONS, INC. / et GI CO., LTD.tai u ,9t 31 ;= 32-E BM.E°�1 33 ;''I 35 36 _} BOCKMILLERAN DELMER L. a I CANNON NI CANNON w �I LINDA M. WALTER a LAND W LAND w� U JAR RALD A. et al CO. m CO. J=Z BFAYE L. 1 1 g� _ JAMISON C YAP III m m JOINS MAP 39 m 47 r r NOTICE Pursuant to Section 43-2-303, C.R.S., and Weld County Ordinances and Resolutions, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DATE: November 1, 1999 TIME: 9:00 a.m. APPLICANT: John and Ellen Moser Morwai Dairy 6600 West 20th Street, #11 Greeley, Colorado 80634 REQUEST: Petition to Vacate a portion of Weld County Road 41 between Weld County Roads 28 and 30 subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section line between Sections 28 and 29, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 22, 1999 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 22nd day of October, 1999. JOHN AND ELLEN MOSER, MORWAI GERRITY OIL AND GAS COMPANY DAIRY 333 WEST HAMPDEN AVENUE 6600 WEST 20TH STREET #11 ENGLEWOOD CO 80110 GREELEY CO 80634 KEVIN AND NANCY BRUNSON ENVIRO STOCK INC PO BOX 39 ATTN PHILIP BRINK PLATTEVILLE CO 80651 1597 COLE BOULEVARD SUITE 310 GOLDEN CO 80401 RUBEN AND RUBY ANCHONDO 204 SOUTH 11TH AVENUE DENNY AND LAVADA SARCHET BRIGHTON CO 80601 21581 WELD COUNTY ROAD 30 HUDSON CO 80642 MANUEL AND VINCENT GUERRA 1023 PACIFIC COURT WILLIAM AND MARJORIE FRANK GREELEY CO 80631 14015 WELD COUNTY ROAD 43 HUDSON CO 80642 MILE HIGH TURKEY HATCHERY INC 711 SOUTH BOWEN STREET WARDELL FAMILY LTD LLLP LONGMONT CO 80501 18253 WELD COUNTY ROAD 32 PLATTEVILLE CO 80651 JARRALD AND FAYE JAMISON, JAMISON TOOL INC MELVIN CAMP 15721 WELD COUNTY ROAD 10 PO BOX 127 FORT LUPTON CO 80621 PLATTEVILLE CO 80651 JOHN E HOCHMILLER LIVING TRUST TROY AND JILL BAILEY 19640 WELD COUNTY ROAD 28 13723 WELD COUNTY ROAD 39 HUDSON CO 80647 PLATTEVILLE CO 80651 DELMER AND LINDA WALTER CLINTON AND MAYNARD NICHOLS 36 STEELE STREET #250 11225 WELD COUNTY ROAD 39 DENVER CO 80206 HUDSON CO 80642 CERTIFICATE OF MAILING - JOHN AND ELLEN MOSER, MORWAI DAIRY PAGE 2 TONY, DAVE AND TODD FINLEY GRACE GUNNELS AND ADAL 12750 WELD COUNTY ROAD 4 GONZALES BRIGHTON CO 80601 PO BOX 1449 LA CANADA FLINTRIDGE CA 91012 CANNON LAND COMPANY 36 STEELE STREET #250 DENVER CO 80206 In RAYMOND AND CHARLOTTE Deputy Clerk to the Board BRANDENBURGER 8981 SOUTH BRANDENBURGER DRIVE MORRISON CO 80465 TRENTON AND MELISSA JOHNSON 13551 WELD COUNTY ROAD 39 PLATTEVILLE CO 80651 CHARLES FOSTER 2888 COUNTRY ROAD 61 KEENESBURG CO 80643 ROLAND AND SUSAN DITSON 12508 WELD COUNTY ROAD 43 HUDSON CO 80642 RITCHEY LAND AND CATTLE COMPANY INC 13821 SABLE BOULEVARD BRIGHTON CO 80601 GRACE GUNNELS AND ADAL GONZALES 11335 ELLIOTT AVENUE EL MONTE CA 91732 From: LEE MORRISON To: EGESICK Date: 10/20/99 9:08am Subject: Road Vacation - Morwai Dairy -Reply Reply requested when convenient sfrazer@envIrostock.net Lee D. Morrison Assistant Weld County Attorney (970) 356-4000 x 4395 Hello