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OF RECORDED EXEMPTION #2503 - ED ORR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute arid the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #2503, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #2503 was submitted by Ed Orr, 826 9th Street, Greeley, Colorado 80631, for property which is located in part of the part of the W'/ of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 75 acres and 5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2503 for Ed Orr is approved, conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. B. The applicant shall submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system located at 12012 Hwy 392, on the 5-acre parcel. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health and 992011 pin ORR RE2503 RE #2503 - ED ORR PAGE 2 Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Or The applicant shall submit evidence to the Department of Planning Services that the applicant has abandoned the existing septic system according to the Weld County I.S.D.S. regulations and removed the mobile home from the property. Or The applicant shall submit evidence to the Department of Planning Services that the applicant has abandoned the existing septic system according to the Weld County I.S.D.S. regulations and submit the appropriate permits to the Weld County Department of Planning Services to allow the mobile home to remain as an accessory structure. The mobile home shall remain consistent with the definition of Accessory Building in the Weld County Zoning Ordinance and maintain compliance with the following conditions: a) Electricity is the only utility which will be connected to the structure. b) The structure shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. C. 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. D. The lots shall utilize the existing residential/agricultural access point from State Highway 392. No circle drives or additional accesses shall be granted. This road will be graded and drained to provide all weather access. E. All approved accesses shall be clearly shown on the plat. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property 992011 RE2503 RE#2503 - ED ORR PAGE 3 is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance (Ordinance#89), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on-site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption; however, subsequent Recorded Exemptions on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) The Right to Farm Covenant as stated in the Weld County Comprehensive Plan, shall be placed on the plat. 6) Prior to the release of building permits on Lot A or B, the applicant will be required to submit a recorded deed describing the lot for which the building permit is requested. The legal description on such deed shall include the lot and recorded exemption number. 7) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance #169-A. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Board of Commissioners. The applicant shall be responsible for paying the recording fees. 992011 RE2503 RE #2503 - ED ORR PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS /® D COUNTY, COL RADO / ATTEST: e ;/. •'. % / 2�, Dale K. Hall, Chair Weld County Clerk to the B j d _. `Ci/ CUSED s x'-.11 bara J. Kirkmeyer, Pro-Tem BY: - ♦ _.�7ni• 1 Deputy Clerk to the Bo � / ...... - -�+ 4 WUN ;G eorge . B ter APPROVED/at0 FORM: J. eil ir 911 ou tgAttorney terAA4, ly/,1 Glenn Vaad - 992011 RE2503 • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 W I`P(b: Phone(970) 353- 170 Ext. 3540 Fax (970) 3044-6498 COLORADO July 23, 1999 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 2494 and RE-2503 Dear Commissioners: Mr. Ed Orr has requested two Recorded Exemptions to occur in part of Section 19, Township 6, Ranges 66. The Recorded Exemptions are located on contiguous 95 and 80 acre parcels. The parcels are located north of and adjacent to Weld County Road 66, 114 mile west of the Weld County Road 25 3/4 and 1/4 mile south of State Highway 392. Planning staff has found that the applications do not comply with Section 11.8.7 of the Weld County Subdivision Ordinance. For this reason we are requesting these cases be reviewed by the E3oard of County Commissioners. Staff has the following concerns: 1. The applicant has not demonstrated that these applications are consistent with efficient and orderly development. These proposals would create three lots with "island lot" configuration. 2. The proposals do not take into account the interests of the future owners, who will be responsible for acquiring any utilities that do not exist and the upkeep of the existing accesses. 3. Planning Staff does not consider the proposed configuration to be the best alternative to preserve agricultural land and promote its most productive agrarian use. Although this proposal locates Lot:A in a non-productive area, Planning Staff concurs that other configurations using the entire contiguous land owned by the applicant will be more effective in 992011 • re rely inary DEPARTMENT ERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Sheri Lockman HEARING DATE: August 9, 1999 CASE NUMBER: RE-2503 APPLICANT: Ed Orr ADDRESS: 826 9th Street, Greeley, CO 80631 REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0805 19 000003 PARCEL SIZE: 80 ZONE DISTRICT: A (Agricultural) WATER SOURCE: North Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance, as follows A. Section 11.4.2.4- Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of the Subdivision Ordinance. 1) Section 1.3.1 -Assisting orderly and integrated development. This Recorded Exemption will create two lots with "island lot" configuration. 2) Section 1.3.7 - Safeguarding the interests of the public, the homeowner, and the subdivider. This application does not take into account the interests of the future owners who will be responsible for acquiring any utilities that do not exist and the upkeep of the existing access. 3) Section 1.3.10-Preserving agricultural land and promoting its most productive agrarian use. Although this proposal locates Lot A in a non-productive area, Planning Staff concurs that other configurations using the entire contiguous land owned by the applicant will be more effective in preserving the agricultural land and not negatively impacting the irrigation system. B. Section 11.4.2.5 - Compliance with the recorded exemption standards set forth in Section 11.8 of the Subdivision Ordinance. 1) Section 11.8.7 - The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 1.3 and 11.2.1 of the Subdivision Ordinance. Until May 4, 1999, this parcel was included in a 345 acre parcel owned by the Winder Trust. Four parcels have already been created with a possibility of nine using the recorded exemption and subdivision exemption processes. Planning Staff concurs that the intent of the recorded exem been evaded by creating multiple lots without utilizing the subdivision process. Preliminary Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department o'` Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. B. Submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Health Department. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located at 12012 Hwy 392, on the 5 acre parcel. Any existing septic system(s)which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Or Submit evidence to the Department of Planning Services that the applicant has abandoned the existing septic system according to the Weld County ISDS Regulations and removed the mobile home from the property. Or Submit evidence to the Department of Planning Services that the applicant has abandoned the existing septic system according to the Weld County ISDS Regulations and submit the appropriate permits to the Weld County Planning Department to allow the mobile home to remain as an accessory structure. The mobile home shall remain consistent with the definition of Accessory Building in the Weld County Zoning Ordinance and maintain compliance with the following conditions: a) E=lectricity is the only utility which will be connected to the structure. b) The structure shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. C. 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. D. The lots shall utilize the existing residential/agricultural access point from State Highway 392. No circle drives or additional accesses shall be granted. This road will be graded and drained to provide all weather access. E. All approved accesses shall be clearly shown on the plat. F. 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 propinIpp I5 t r nt to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinanc 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 tc the release of building permits the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicl:s with longstanding agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. reiiminary 6) Prior to the release of building permits on Lot A or B, the applicant will be required 1:o submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption number. 7) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. DEPARTMENT OF PLANNING SERVICES d 1555 N. 17th Avenue Greeley, O 80631 0 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 1111 C. COLORADO May 14, 1999 Ed Orr 826 9th St. Greeley, CO 80631 Subject: RE-2503 - Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Orr: 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 City of Greeley, Town of Severance and the Town of Windsor Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the City of Greeley, Town of Severance and the Town of Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the City of Greeley at(970)350- 9780, Town of Severance at (970)686-1218, and the Town of Windsor at(970)686-7476, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, au; ,y� �q�1,�(r- / t t Sheri Lockman Planner 35/- 9777 x4x n yi xLCF �) .. �5 S��x � SX<. -a-- Item Comments Check Proper size of plat 24" X 36" or 18" X 24" ✓ Boundaries of Lot(s) Scale Suitable Scale? (Approx. l "=200' or 1 "=100') Access indicated f. Shared access? If so, is Easement Certificate v(/� included? J.---- Roads labeled, including R.O.W. .0-- Building Envelope(s) Vicinity Map Suitable Scale? (Approx. 1 "=2000'); Not on SE et------ Notes from Planner/ Acceptable on sticky-back adhesive paper ✓ Development Standards /� Conditions Of Approval completed? I ' WT. I O K uvu/ItGI.IM / WI I 2 � 7 North Arrow Legal Description Owner's Certificate Notarial Certificate included? If deed indicates two owners, have both signed the plat? Surveyor's Certificate, Surveyor's stamp All surveyed plats Note: USR plats do not need to be surveyed -- Director of Planning Certificate Notarial Certificate included? / (RE, SE, SPR, Final PUD, if Staff Approved) /!l/// Planning Commission Certificate (USR's, COZ,) 4 Board Certificate (USR's, COZ, Final PUD but not if it was Staff / approved) •RE, SE & ZPMH, if Board approved. l/ Typical Road Cross Section If a COZ, Final PUD 44- Easements If Final PUD NA- Please return the plat to David Lucero within 24 hours of receiving the plat. Planner Signature: � Date: ca—/7- 0o FIELD CHECK inspection date: June 8, 1999 CASE NUMBER: RE-2503 APPLICANT: Ed Orr LEGAL DESCRIPTION: Pt. W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: 1/4 mile north of Weld County Road 66 and 1/4 mile north of Highway 392 and '/ mile west of Weld County Road 25 3/4 Zoning Land Use N A (Agricultural) N Agricultural / Residential / Ditch E A (Agricultural) E Agricultural / Residential / Dairy S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: Access is from State Highway 392 across another parcel and over a small bridge at the ditch. Lot A is higher than rest of property with existing mobile home and an older building being used for storage. Irrigated from the north to south. Sheri Lockman, Planner APPLICATION r � APPLICATION FLOW' SHEET �Wi�Pc. COLORADO APPLICANT: Ed Orr CASE #: RE- d,5 03 REQUEST: Recorded Exemption LEGAL: Pt. W2 Section 19, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: North of and State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 PARCEL ID #: 0840 19 000003 ACRES: 80 Os Date By Application Received 5/// /y`j JAC Application Completed 5/13/1999 SL Referrals listed 5/13/1999 SL Design Review Meeting (PUD) File assembled J //"K Letter to applicant mailed vSt/ / 7 3 Vicinity map prepared Referrals mailed SIM(7`1 Chaindexed cfr, q J7 Field check by DPS staff j /i/(R l 1 9 Administrative Review decision: Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared S/Zo/1032. A• L, CC action: ,%7)e%J (reOCC- 0/Q9 CC resolution r ceived Recorded on maps and filed -1C-2, Overlay Districts Zoning Agricultural Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes No_x_ Panel#080266 0606 C • 7EPARTMENT OF PLANNING SERVICES Weld County Admini tive Offices, 1400 N. 17th Avenue, Greek ;olorado 80631 Phone to/0) 353-6100, Ext. 3540 - Fax# (970) 352 12 APPLICATION FOR RECORDED EXEMPTION Application Fee d9 O. C:0 Receipt Nu er 37)'6 Case Number cording Fee J/. e't R 1ptN mmmbper 372O Zoning District 6 Application Checked 3y Planner Assigned to Case `—�— VTO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. { 1 Legal Description:?f'm-� W L. Sec TIN N I≥b J 4t/Total Acreage: W Zoning_Ai Parcel Number: al O 6 L __e2.(2,_0ja.Q3(12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any gther property since August 30, 1972? Yes No Is this parcel of land under consideration the total pontiguous land owned by the applicant? Yes V No Does the parcel of land under consideration lie in any of the following Overlay Districts? / Flood Hazard: Yes_ No T; Airport: Yes_ No ✓ Geological Hazard: Yes__ No ✓ FEE OWNERS OF PROPERTY Name: ft tP- Home Phone# 35f_f777 1orkPhone#3s1-8--77 7 Address: '")-(.., 9Th ST City/State/Zip Code (sl' Lel ca to _sCb3 f rte' Applicant or Authorized Agent: Donn✓lrt ovie/l S Phone# 36/- 5ii)9 Address: in 72 v1CP-29 _ City/State/Zip Code Pk�ll/ilit' CD gin 6LS f Name: _Home Phone# Work Phone# Address: _ City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot '// 1'/ ,'/ Recorded Exemption Water Source N W (1, _b N W C W Type of Sewer 5C Pne- `if sn in Sepnc Proposed Use 4 & - �f}[?t4n AO, asi0ty c-i Acreage ' s r Existing Dwellings A 1� Yes or No /V 'es _ Existing Dwellings Address (if applicable): i Smaller Parcel °I 1 �W'1 J? Larger Parcel //r9/VE' I? 9 2— I N✓��.,? -8aetlerrsairel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this plic 'on ar rue and correct to the best of my knowledge. Rev: 1-27-97 Signature: Owner or Authorized Agent 5 I Li r RECORDED EXEMPTION QUESTIONNAIRE ANSWERS 1. A letter of service availability from North Weld County Water District is included in this application. Lot A of the proposed recorded exemption will not have any irrigation water rights. Any irrigation water will remain on Lot B. 2. Lot A is a mobile home with a septic. I will apply for a permit and inspection and Lot B will comply with all of the Weld County Health Department requirements for adequate sewage disposal if a permit for construction is ever needed. 3. The 80 acres are currently being farmed by a tenant farmer that is having to move irrigation water from other farms to this parcel to have adequate water. Proposed Lot A has an older mobile home that I intend to move off of the property; there is electricity, outbuildings and storage sheds located on the 5 acre parcel. Lot B has been cultivated farm ground, but with only limited water, it cannot be considered prime farm ground. 4. Application for this recorded exemption is to enable me to create a five acre home site from a non-productive area of the farm. Lot B's production has yet to be determined due to the lack of irrigation water. Lot A will provide a small acreage for a young 4-H or FFA family to raise their project. 5. The proposed Lot A will be approximately five acres located on the north boundary of the property. This area is where the mobile home is located. The Lot A dimensions were determined by the amount of unfarrnable land around the homestead. 6. The proposed Lot A will be between the Greeley #2 Canal and the existing cement irrigation ditch. This will in no way inhibit the use of the farm. 7. The proposed Lot B will be vacant farm ground so there are no setback requirements to be met. The proposed Lot A is the original homestead areal. The mobile home will be moved, but the electric meter and other improvements are located on the 5 acre parcel and all Weld County permits will be applied for before any new construction can be done. 8. I am not willing, at this time, to place a conservation easement on the property. 9. I do not feel any building envelope would be necessary on either parcel. Lot A is small enough that is would not matter and Lot B is farm ground and a building envelope could hinder any future uses.. 10. The proposed use of Lots A and B are consistent with the Weld County Comprehensive Plan by allowing me to create a small ag acreage from a non-productive portion of my farm. 11. Both proposed lots are compatible with the surrounding land uses. All of the properties north, east and west of this parcel are 80 acres to 120 acre farms, with some of the homesteads and corners exempted. The proposed Lot A is an existing home and the uses of this farm would not charge with this Recorded Exemption. 12. I fully intend for the two proposed lots to remain consistent with the Zoning Ordinance and the Weld County Comprehensive Plan, just as they have in the past. 13. I have considered all sixteen points of Section 1.3 of the Weld County Subdivision Ordinance and it appears that this proposal will in no way be inconsistent with the ordinance. This proposal is not intended to circumvent any subdivision or Zoning Ordinance and is designed to fully comply with the Weld County Comprehensive Plan. BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS HIGHWAY 85 • LUCERNE,COLORADO 80646 W.M. McKAY rib,I'► ad CHARLES ACHZIGER J ! DON POSSELT, MGR. ROBERT ARNBRECHT di p P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 April 16, 1999 Tom Owen 826 9a' Street Greeley Co 80631 RE: Water Service This letter is in response to your inquiry regarding water service to the following described property. ' • SW '/ 19-6-66 1. Water Service is presently being provided to the above-described property. 2. ✓ i0e_e 'Water Service can be made available to the above described property_xovided all requirements of the District are satisfied. Comments: 3. North Weld County Water District can provide water service to the above mentioned property with approximately _feet of line extension. Comments: If contracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional Comments: Sincerely, • Peri0-0 • Don Posselt,Manager North Weld County Water District REFERRALS W/O COMMENTS REFERRAL LIST NAME: Ed Orr CASE NUMBER: RE-2503 REFERRALS SENT: May 17, 1999 REFERRALS TO BE RECEIVED BY: June 4, 1999 COUNTY TOWNS and CITIES Attorney _Ault _X_Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton Public Works:_X_Don Carroll Ron Broda Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _X_Greeley Department of Health Grover _X_Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25 (Lovelard) Lochbuie _X_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 _X_Severance Galeton F-6 Thornton Hudson F-7 _X_Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration _X_Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. _X_Greeley Panhandle Eastern Pipe Line Co. Longmont X_School District RE-4 West Adams Ginny Shaw(MUD) Ditch Company COMMISSION/BOARD MEMBER r- tiOhts, ‘„, Weld County Referral 1111€: May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 Please Reply By June 4, 1999 Planner Sheri Lockman • Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax S 1 a3A13D3.6 6661 "�� Weld County Referral �uluul id R1unoa f IaM ida4 O May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review • Applicant Ed Orr Case Number RE-2503 • Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County. Colorado. l Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature G9 �� 6-11/9-4,�� Agency ��/�O e n £/ Satyr�J Date +Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax �.,,...Hr.. .. May 20 99 10: 27a Division of Wildlife 1 -970-352-2143 p. 2 4 titt '141407 Weld County Referral 0 May 14, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 — Please Reply By June 4, 1999 Planner Sheri Lockman — Project Recorded Exemption • Legal Part of the W2 of Section 19. T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ l,W have reviewed the request and find that it does/does not comply with our Comprehensive Plan `gi We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature .( r) LC-fry St)' 4411 Agency f ;,;'Si c,r' A l.)A�rt Date +weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO-80631 4(970)353.5100 ex1.3540 4(970)304-8495 fax • 05/20/99 09:37 TX/RX NO.5901 P.002 05/24/1999 07:04 970-6B6-9623 WINDSOR/SEV. F.P.D. PAGE 01 f &ce aimitr Weld County Referral O May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant IEd Orr Case Number RE-2503 Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0350 19 000003 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: • • Signature Pt) Ulw """e� ei�/l�f Agencyjame2 `j p sw g���'��� ffcit �rL»'� t 'c . S Date 4Weld County Planning Dept. ®1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)3046498 fax "7-7.- 1 6 l t(1 6 Weld County Referral O May 144, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number C850 19 000003 The application is subn-litted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U Y,Wehave reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: 11.1) a t�� Yl oj4 t4 Signature � azi ' _ Agency T`if') Date +Weld County Planning Dept. :•1555 N. 17th Ave. Greeley,CO. 80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax i oW � �`' Weld County Planning Dept. f IrjSn JUN 08 1999 I RECEIVE Et/Veld County Referral 0 May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 • Please Reply By June 4, 1999 Planner Sheri Lockman • • Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County Colorado. Location North of and adjacent to Sta Ft ghway 392 and 1/4 mile east of Weld County Road 25 3/4 01 Parcel Number 085(-7119 0 0 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan T We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Th564-47 Lg Agency 6)&6 (D Date •:•Weld County Planning Dept. 4.1555 N. 17th Ave.Greeley, CO. 80631 •(970)353-6100 ext.3540 •(970)304-6498 fax REFERRALS W/COMMENTS t(ii: 0 0 Weld County Referral 0 Weld County planning Dept. May 14, 1999 I, JUN 17 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: • Applicant Ed Orr Case Number RE-2503 • • Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption — i Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 • Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑/,We have reviewed the request and find no conflicts with our interests. B See attached letter. Comments: {f, ''� /J Signature fl�il� t°,1clt/J CL C' Z ,l il Agency �/oc.0N cF= ,x�ci2 - ate $Weld County Planning Dept. 01555 N. 17th Ave.Greeley, CO. 80631 4(970)353-6100 ext.3540 0(970)304-6498 fax TOWN OF .• , - Weld County Planning Dept. JUN 17 1999 June 10, 1999 RECEIVED Ms. Sheri Lockman, Planner VIA FACSIMILE AND WELD COUNTY DEPARTMENT OF FIRST CLASS MAIL PLANNING SERVICES 1555 North 17th Avenue Greeley, Colorado 80631 RE: Weld County Referrals RE-2494 and RE-2503 Dear Ms. Lockman: The Town of Severance would like to formally lodge its concern regarding the aforementioned Referrals. Upon initial review it would appear that Mr. Orr intends to engage in some form of agricultural endeavor. However, closer study lends itself to determine a use which is non-consistent with agriculture. Additionally, it should be noted that these parcels comprise a total of 175 acres and are adjacent to each other. Further, these parcels are located at the edge of the Town's urban growth boundary, and non-incorporated development within this area would have adverse effects on the future growth of Severance. Accordingly, the Town of Severance recommends the above referenced Recorded Exemptions not be approved. If you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, TOWN OF SEVERANCE BOARD OF TRUSTEES BOT/njm 336 1st Street• P.O. Box 122•Severance, Colorado 80546•ph 970.686.1218•fax 970.686 6250 tifiletHf ‘r, j1T MAY`. 1.� )T1L�r i peP1 tant % VW Wetd ,ON �g 1999 Weld County Referral It1JD€ May 14, 1999 1 COLORADO The Weld County Department of Planning Services has received the following item for review. Applicant Ed Orr Case Number RE-2503 Please Reply By June 4, 1999 Planner Sheri Lockman • Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County. Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature I�,Q'V�\ L5p , `(-J)Y— (o `-{ cfl Agency i��O O� Wt 1�+6)---P�CQJI\tOG 1�'"(.'1". Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax T WINDSOR Town of Windsor 301 Walnut Street •Windsor. Colorado 80550 • 970-G8G-7476 • Fax: 970 686-7180 COLO June 4, 1999 Weld County Planning Dept. JUN 08 1999 Sheri Lockman. Planner Weld County Dept. of Planning Services RECEIVED 1400 N. 17th Avenue Greeley, Colorado 80631 Subject: RE-2503 Ed Orr Dear Ms. Lockrnan: The Town of Windsor Planning Commission has reviewed this request and recommends approval of this recorded exemption subject to the following requirements: All Colorado Department of Transportation requirements, including access permit review and right-of-way dedication, shall be satisfied. Thank you for the opportunity to review this proposal. Sincerely, Se.,E;tfaab1/41- Scott Ballstadt Senior Planner pc: Ed Orr, applicant Robert G. Frank, Chairman, Windsor Planning Commission 05/28/99 FRI 14:55 FAX 970 686 7180 __ _ TOWN OF WINDSOR ljo01 WINDSOR Town of Windsor x - 301 Walnut Street *Windsor, Colorado 80550 • 970-686-7476 • F'axr 970-686-7180 COLO Post-IY.FFaax Note 7671 Lit" 5/7-48IA% 4g -� To9 4 ux.e$khs Four co771De�,pt Co• Phone K Phone e May 28, 1999 Fa"1?.f1t4 '(oc S Fex" RE: Planning Commission Meeting—June 3, 1999 Dear Applicant: Enclosed please, find a copy of the June 3, 1999 planning commission agenda and the staff recommendation memorandum which discusses your project which will be reviewed by the Planning Commission at that meeting. Moreover, in order to answer any questions which the Planning Commission may have concerning your project, it is imperative that either the applicant or the applicant's representative be in attendance at this meeting- Likewise, failure of either the applicant or the applicant's representative to be at the meeting may cause your project to be removed from the agenda and subsequently will cause a delay to your project, since there would not be anyone associated with the project at the meeting to answer any questions which the Planning Commission may have. Thank you very much for your cooperation with this most important matter, and if you have any questions concerning this letter,please feel free to contact me at(970) 686-7476. Sincerely, Rcjztet),CCASS6 Scott Ballstadt Senior Planner Enclosures - 05/28/99 FRI 14:56 FAX 970 686 7180 TOWN OF WINDSOR Ij 002 NOTE TO APPLICANTS: This agenda is considered tentative and may be revised at any time prior to the 'I h present i �i n f ' ill be:available 6 , at the meeting. meeting. Applicants are advised to be at 7:00 p.m. Final agendas will Q 1 ix i'�,L.. u;.I. i ' .II •'.��•.i:..: 'il e:'..J ,�'' I" �lJ�,ii �, yl•9'.�;I i. �• i•i p��a �:� "1 ':I L",��',�/'' p�, ° Ill III i 'll.11 l L..elli",I „I 'I'I'RI y IIIIVII', .. IIII„I,. .6„�II �•Plf ' � li L i' I, Il1 ,li I,II IIII �� �,�d.�l, i � IIII I I I, l I � I �I i i I"i'i. �7'�" � VIII n I bi� (. I i I n WINDSOR PLANNING COMMISSION TOWN HALL, 301 WALNUT STREET THURSDAY, JUNE 3, 1999 BOARD ROOM 7:00 P.M. Chairman Bob Frank, presiding. 1. Call to Order, 2. PUBLIC INVITED TO BE HEARD. 3. Consent Calendar: a. Approval of the Minutes of May 19,1999. b. Weld County Referral—Recorded Exemption—Ed On c. Laruner County Referral--Minor Land Division—Steve Wyatt 4. Recommendation to Town Board — Final Subdivision Plat — Water Valley 'Tract B, 3'd Filing Subdivision. 5. Recommendation to Town Board -. Final Site Plan - Water Valley Tract B, 3r° Filing Subdivision. 6. Recommendation to Town Board — Final Subdivision Plat — Grasslands Park Subdivision.. 7. Recommendation to Town Board—Final Site Plan—Grasslands Park Subdivision. 8. Staff presentation of Windsor Town Center Site Plan. 9. Staff presentation of Burger King Site Plan. 10. Staff presentation of Lee's Hardwood Flooring Site Plan. 11. Communications from the Planning Commission. 12. Communications from the Staff. 13. Adjourn. 05./28/99 FRI 14:56 FAX 970 686 7180 TOWN OF WINDSOR QJ003 Item No.3b T p: Windsor Planning Commission FROM: Scott Ballstadt, Senior Planner? VIA: Joseph P.Plummer,AICP,Director of Planning DATE: May 28, 1999 SUBJECT: WELD COUNTY REFERRAL—RECORDED EXEMPTION —ED ORR LOCATION: Approximately'/.mile south of State Highway 392& approximately'/,mile west of Weld County Road 25 % LAND USE PLAN DEPICTION: Community Separator RECOMMENDATION: Recommend conditional approval of the recorded exemption to the Weld County Department of Planning Services. DISCUSSION: The applicant, Mr. Ed Orr, is requesting approval of a recorded exemption in order to create a new home site. The recorded exemption will result in two parcels: the five acre home site (Lot A) and the remaining 75 acres(Lot B). The subject property is located within the Town's Community Influence Area and is depicted as Community Separator on the Town's Land Use Plan map. The Windsor Comprehensive Plan states that Community Separators provide for areas of open space which "...generally have little or no development, with the exception of agricultural activities...". Only one new building sil:e will be created and the application materials indicate that Lot B, which is currently being used for agricultural production, will retain the limited irrigation water. Therefore, the proposed recorded exemption is consistent with the Town's Land Use Plan map. The subject property is not included on the Town's Circulation and Transportation Plan Map. It appears that the both proposed parcels will utilize an existing access onto State Highway 392. This being the case, staff recommends approval of this recorded exemption subject to the following requirement All Colorado Department of Transportation requirements, including access permit review and right-of-way dedication,shall be satisfied. It appears that this parcel is adjacent to and owned by the same applicant as RE-2494, reviewed by the Town at its regular meeting of May 19, 1999. Additionally, it is staffs understanding that the Weld County Subdivision Ordinance discourages the creation of flag lot configurations. pc: Ed Orr,applicant Sheri Lockman,Weld County Planner Tess Jones,Colorado Department of Transportation Jeffrey Kuhlman, Colorado Department of Transportation :... m )0 lob �- G ci(4) Weld County Referral May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 • Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption Legal ?art of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County. Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Ct4--) .4 Gteele fl/ate ,ti7 °et' . Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO. 80631 ?(970)353-6100 ext.3540 :•(970)304-6498 fax OFFICE OF COMMUNITY DEVELOPMENT City of 1100 10TH STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9800 Greeley May 25, 1999 Sheri Lockman Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Subject: RE-2503, Ed On Dear Ms. Lockman: Thanks for the opportunity to review this recorded exemption. The City of Greeley Planning staff has reviewed the application for a recorded exemption from Ed Orr, located northeast of the intersection of State Highway 392 and WCR 25 3/4 and wish to forward the following comments. Resolution 7, 1985 by the City of Greeley Planning Commission gave administrative review authority to the Greeley Planning staff for review of recorded exemptions (RE). The resolution indicates we cannot,recommend approval on any application where the overall gross density exceeds one dwelling unit per 20 acres outside of the 2010 growth ring. Since this application creates two lots through the exemption process on a 80 acre parcel, we can recommend approval of the request based on Resolution 7. The Greeley Public Works Department noted a reservation of a minimum of 50' of right-of-way from the centerline of State Highway 392 and WCR 25 3/4 would be appropriate to facilitate future development of this area if the proposal is approved. Also,the appropriate setbacks under the applicable zone should also be maintained within the subdivision. Sincerely, Michael Whitley Planner I • t1 #,A( � �' MEMORANDUM TO: Sheri Lockman DATE: May 28. 1999 e FROM:Sheble McConnellogu e, Environmental Health s COLORADO SUBJECT: Orr, Ed CASE: RE-2503 Environmental Health Services has reviewed this proposal. The applicant has stated the existing mobile home will be removed in November, 1999. The mobile home is presently occupied. 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 and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located at 12012 Hwy 392, on the smaller parcel of this application. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. The applicant stated he may have the tenants move out of the mobile home immediately. In the event the mobile home is not occupied, an ISDS evaluation would not be necessary. The applicant shall abandon the existing septic system according to the Weld County ISDS Regulaions, when the mobile home is removed from the property. sm/380 Weld County Planning Dept. JUN 07 1999 RECEIVED won ft lrCII\ , 41) cv 10 Coot Wt Id County Referral 0 coJa ‘;'21 \kith] /Si-I 393- f °L May 14, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number RE-2503 Please Reply By —June 4 1999 Planner Sheri Lockman Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: �ib�nl ,hocid tC 75 5 cti ecru+e*- ne-- l+ (toes no-1- ac P a-r c. Vz7furne-3 us vi -iii a.cc_esS kA)01 ;()crease as ci res:cl+ Of -Ih,s proposal . 1.10 cor/I/M.vU- Signature (, O-t_k_ti---Ley - lct, .5/1—J /1'61 Agency ( oer Date •:-Weld County Plann ng Dept. •:1555 N. 17th Ave. Greeley, CO. 80631 •>(970)353-6100 ext.3540 4.(970)304-6498 fax Weld County Planning Dept. ib RECEIVED a RECEIVED) isr- \sHip MAY 1 8 1999 8kUrbt I Weld County Referral WnIIiD € May 14, 1999 0 COLORADO The Weld County Department of Planning Services has received the following item for review: • Applicant Ed Orr Case Number RE-2503 Please Reply By June 4, 1999 Planner Sheri Lockman Project Recorded Exemption Legal Part of the W2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Highway 392 and 1/4 mile east of Weld County Road 25 3/4 Parcel Number 0850 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any furtner 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. ASee attached letter. Comments: 4> i1,,_ < r — L Signature ((r et sf.. g ie Agency 21 f"Y ^�` Date •:•Weld County Planning Dept. )1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 •.(970)304-6498 fax a4744%iir MEMORANDUM " TO: Sheri Lockman, Planner DATE: June 1, 1999 WI I '� FROM: Donald Carroll, Engineering Administrator ;Pg.' SUBJECT: RE-2503, Ed Orr COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: REQUIREMENTS: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. 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. 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. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road for a residential access. cc: RE-2503 Weld County Planning Dept. plan40 JUN n3 '1999 RECEIVED EXHIBIT � 7 Road File# 7• • E: a SJ --- Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 5- - 933 North l i th Avenue, P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868 1. Applicant Name �--� C� - • Phone Address S City c ,fir • State Zip •/•: 2. Address or location of access i `; 1,A) a t c.. Section_ ' Township Range .� Subdivision Block Lot Weld County Road # - Side of Road_ `. Distance from nearest intersection 3. Is there an existing access to the property? Yes _ No # of accesses 4. Proposed Use: XPermanent ' Residential/Agricultural U Industrial ❑ Temporary ❑ Subdivision O Commercial ❑ Other 5. Site Sketch Legend for Access Description: 4 ARG = Argricultural RES = Residential O&G= Oil&Gas -- I D.R. = Ditch Road = House O = Shed or Outbuilding - V •Rs**s****s***s****•****ssssss*******s******s*s*s*********ss*********s*ss***ss*ssss**s*s*********s**ssss*** OFFICE USE ONLY: Road :14 ADT i5 q Date /`? Accidents Date Road SE: - Lt ADT Date Accidents Date Drainage Requirement Culvert _Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed ]s, -I lilt _ __-- MAPS 0 ~7 .ii IQ I i V 41 iii f "ii CO CD (l C- , b \` ' ft CD" CO 1 I N 1it I .41.- co i'l F:. 44 'cotbi 44 00 1 t r �N N > cc il sse'sz S3A 1it n 4. C -a � - - - — . N t t,-.. O1 -t ra,CEstr)", co W o) T I N �— O in N N Ci if rr) T I / . Total Contiguous Land Ownership as of May 4, 1999 E,a 319 / N. . IOW. 5131 V 515 \ COLORADO STATE HIGHWAY NO. 392�— u¢isu " "—a�e - - -- - 90 919 % \ 19-R-esIn" �-- 51 \,1 'ee's_ _1.07' 3'egoe Concrete -- 4 Southerly o style:al Wen ion ''°lVv.-mw 5wgny 111910. III Jn. `• En.li^q Road L]a rig?.SW.w°4IIn J]92 ! i in O O I° • ui m4. PARCEL D uI `' m PAARRCEL q3 m 6.84± AC. m 5 +4,a,..l I f (Grose) ail I uI w sl u:.mw nano— co '3" Ii° 11 m 12" -. S l 0 JO MIRED u z as Ix 131 03 Ts m oe, .L19 m u _I Ln 351• • . . �] •uv `° . Y' coo leg '° . • ]' 13 Vy tP mla.vo 1351 4413 g. •� w .r w us `°° No. 2 Canal "'Lie {I s 1 i 131 -- _mil _ _ — __�_=.` • 1� n� �' vI \ 'I 44 w• �L95_—____ E.1.aro x..e -- � coo. ^.51' fie\ . ',N iN \ ' it coy: WI II/ d �N N n r pARGEL H z 1" : �I i 80.543 AC. a ! - (Grass) 54. 511. m ' a I PARCEL #5 PARCEL C u-: ,� t (Crew) 9205₹ AC', 5' S (Gross) 3 I 1 II a II • IL m Ne431 ln.04' 9—i-00 11 _ NISTOC3fE 40Lfl lc' ` ]05.01' / 1 (557.10` 1 N C II•GOR.— _ W.v.CORM N8T00'24"E J ]51.515' N 9—a—ae N 9-5—ae i Sol ]'i 6 n51e(Mr411'4 long) O henna550 wn who)u:l'(length ,..rw...n..n e.w. !C44 C .w m9n,a ne Wow`e.i... .a�xrrmn\ 1 PARCEEL M6 nn \ eu neaM (Rawl Y7' 10Mew CV.1/1° SIR /55111 250 \ 999 a wn/ Z I8 dNI s • LW OR I N87'00 24"E 808.03' I coming e.wJ PARCEL #2 E.Ine9 e... IOW K(New, PARCEL A - 88 C. ,t (Gross) - I lm IG Fauna W.0 nt.(1m41n 24. 04103 .....d n hin.h eh., 6iwthc Y SNORT INC W MW \ I/' 224 J 995 ewer.,30'Cogan WOW Ann.,.nl 3v county _ma�a°�___ __ 4 — ____ ____ suns 59,1,1 w.. _ _ _ — --N 86'56' __ 9T3e4E��-- 3.y(/e_as UM. N 88'3713"E--- SNORT e1rr 756.23' 9 cox. WW2 W K // m • 19-°_515 \ WELD COUNTY ROAD NO. SS L.vle}s3o 41 S19 I W.1/16 COW- spa ..,,,e+w.. 3° N.1/4 C011. I z 512,118 ;I , COLORADO STATE HIGHWAY NO. 392 \ 1 • 871 la a 52.151. y $w Mil. \ t9.1 _--- IO-l-!4— i�. �. — — — :9t0.3t' — / ,1117•11'7177 _ _ ®1 127AT _ _ — --4:----- - — — — — "5 II µ 3'wk�caQ.0 _-- XI r M µ3 h• L yw aaam 59,lp,l of wa.Un91 II LA 11�/OWJI Top o 004 I aNMIY light or'/.V JIM :J Cif Cab.Slam *Pow MteO°a IF z tS o u in a - PARCEL 0 s� 83.84± A . t� PARCEL #3 ran P.C.hi co (Craaa) It II w ri N. li t- 128 X28 Wallop 6.61 uo RtR.. X32 ,,�K w I L.O+ ue Ue . Ii C11 — I 1 �3^� L41' 1F� 2 .C.o. L2. LM U6 `I/t � u1 20 ue P2 .. \L4 V. if u. us w N . 2 Land 'pus (6)3' u' 4440 �u ErnWq 8� uo• q' , y `—/ // rII � u • w n c \l 1'z RE-2503 t, = PARCEL #5 • PARCEL. C u �:, 922.1`,5,Gog AC.. c - LC (Gross) n 13..08' CV e coa II p-3-aa I� _ _ - _ Ra7Va2PE aet.7e' _ It •' l67'00,2..e 787.71' !r'1 '�i389J'J' f C. I!n CCR. J; w W.1/. ,oR .467.0C'24"E 1551.10 aca' p-e-ea — 19-d-ee ti set as.9..a.r(77•I...0 too...,°n..a,.o-.r.N m withwra I/Ps•II4444 Ix*: se Mum,ewe rho nu 0 p. ,„. PARCEL #6 w7cw.au a......(o...., i'�''� RV", 9aa.• / Taw \ OW I/1e sI. 1/a5t..:2C I 1 IM I o W i- CJ 1 13 e++e.p ase—.—Ji N PARCEL #2 ei°"lip"°°' I 2.ila AC.(w..) w + WI 74.1 • o zi '41 1 RE-2494 I TA so i14.1 • ni [:V u U i F. s r—,.ie.a..tar Dwight I O r*...l)*IT3 I/C 6.. P.m a wl..w z :t..,2M.. 4141,14!MORT MC 71111 Wit v4-1-1.-4 s77 pM .o.""a'Y'_- Is 728 j. 047 J7.a7• -- -'- ..,.I«I 30 Ce..I. —1a7se---= - ^ - 56'42"E — ILaw Ngl,l of*op (ii • —N sr3e! �r__^ — - -NB6 I_i 1 •COs.•_— _ ^ moss a�SI.OeT we 111/4 C 66 ,.`�f----NBB'57'13"E--- ml aa, • 756.23' 9w can. a sheer we WELD COUNTY ROAD NO. ee Iq_a-ae / TM 31 '/u-7530 IR!eso Q 1 e.,.1.e.b:�.. ,aw / ... \ I !1G N. Ii{M6. a valve A'l COLORADO STATE HIGHWAY NO. 382 '1!'j ''-d-'6 s 414 919 f �� NW r07. '1f 295&3Y — — 3 19774 _ 19-6-d6 T _ N67l1'36-t — — 27.07' — _ — — NS I Y ww 4..3.44 •� S,,,,n.r3•R�1p d Wog Urn I 34(-0641 46 Toe 196.4 ���— Nt M] N4 e1 CW 4.411 Ny,wer I3{2 S 7 6wl,w*16.11 a,'1146 Un. f �IiNnq Ro.. 1.77 t C3..43..4 160.4,In I Z r. O LH ri N i c W Access PARCEL D & PARCEL #2,U1 of 6.3.84iARC AC. I ..e v 16.w1 N I (Grose} #I W Lot A 5 acres 61�,�...I ��1x6 U'IL]o of I Rpw y � � u2 to nta)n m A 3..o ue u' I N} I 1 Lo Et ` U2 V.p LM E.6 L NV LII Mil, L2]♦ 21 ''I 9 Lie. / RI 5. .]i,... us= .I] No. 2 Canal \ f a I �� a __ , �`= --- __ —= 9 11 Lot A Li`\ u' Nf _n.eLq 4.aa 1 116 '..,::42, .1 `�iI �� �J I L7 LI, s••• —� /! ' 5 acresH Is x• .7 RE-2503a - - PARCEL 45 PARCEL C Y g;1 Lot B 1]I.NI 92.O ± AC.. c, CO Wool) II Es 75 acres , • 1v • N II; 6.3 III Nerm:re CM 1/16 0011.- 134.96• 19-6-6-66 _ _ — — - N67'W'24'E {6].76' / ii. "" I N67'00'2N'E 76].97' // M r ] C.1/4 GOIL J .g W-4 C . N3700'24"E 1557.10' 7a.ar 9-6-6{ q.{-u I . s.,N..a (Ja•bl.� � I food N..a ne.T('..111, •�«I/2 da A.,...4o b nw.n b.10.: Cr I M Mlllco e.o..1.1..- I _ N Vwe\ I PARCEL #6 •T6N RCM \ t. 4G Om.) • 69'111 R{H1 Ow 1/,f 1 ,9N � I` /0013 0 ` tie 9fY / t• 1991 15112]]/ Z _. „- a 1, �� NJ N • cAccess NO3. a Q O I I { a3 u7 E<iw1.0 R...J cs' PARCEL #2 t"`lo..Ra.. LO,.•N(...) ij n ,v I CD • N RE-2494 Q no.N NJ • LotB .. U. N f ..g. g t.4..{,...{raw f1..91N 90 acres . --�.1.�6„r w a a. kirk M nY..4. +l. Ales Y Iwo.41x16 WRNS War.R / 7{N .46e1 1 c::..= I ��1sT-141� I'I :a.64,6 It R CM.3r-- ] _ __-_ _ _ ,;...7.74,0'---7.,-, �l _667T134'! -----�^ _10.T�� _ _- — 1 �- __� `� 5.19tiry_�a R. _ J,9gllT MC N 88"5 7"1 3"E--- 1{w.4.4{w ` �r~ 75fi.23' r-CON. yaFAc a^sN°'I"C WELD COSY ROAD NO. ee \,/4{11639 9-R-]6 T (e 5241111 ;) IA 1/i6 COP. s2]I s]9 .4 Plannin. Staffs' Recommends on / SIB 113 6fe ,/ COLORADO STATE HIGHWAY NO. 392—, Ls12IT3 r /4 COR 5341s19 ;\ 1419-4-66 71,73 '"]E — — - 1910.31 — L5f\1� /]li°Y _ _ N0 VX��� 31 MS.Crea"On. -- N, N Ns el —74 NINA,tal•'"May 0392 �0• n fins SSu�i11 of'Y ro9nm T -4 WIC"Road 1 9 Z I la 43377. I� Cl Lfr� O 4 C • �; m PARCEL 0 ,� mI PARCEL p3 a� 83.84# AC. use 6a(GAM" Cl I (Crone) I II W t. n E LS6 Llf EmUng Mae—tl M. A. G L]2 U0 3 C. M. m m l Lw,,. a nee 1.6 m m L W U) I Lf1 L. 1 'LfO.LM 316 329327 Lao as N] emu\ u4-I 43 m' of u3 `Na. 2 Canal m i. -- �• 1 nL 13 /y1/L'e Lf' LLB J/i "LN fs.1W Mod Lt07 11'4,A• N m '11 N £ i 3 Lot Recorded Exemption �. at 0 3 PARCEL a #5 PARCEL C L <�., 92.C8# Ac. Lot C In (Crane) t F w L II� Cf m 45Th0'erc CCCCC CW V,e can. 19-6-65 _ _Il a Q�gy���y.� V ,I T 1457600'2/2 ]63.91• - - '� l .30.9' � C. 1;.COP., 71. w.1,.C°R. { 1557.10 19-¢-6e IJBTOU 24 t —7000' MI M. S ruer 1301 Ism) m▪ na M.6 mow II.a9U 721 2,,94,19.fa• 444«.w6ww'° mm as ow yp � 96m^C.Iw. /NfW61LL�A P��C�L T' 6\• I// 0W l4til I////''�6R /,6 e ,I/L sln Lr.:o sl. I LI I g \ Is"mL/ Z z $ ' i c a p, m 1 N E.wnl Ram '. N PARCELZ Em11.6 49441 An 4x9##.#w re) ACI I T 4 O Z l I I W m < N IN .��a � — — — m�aHa.5 muYm'3m/0Ta6 GIP III MAC CAI z mom- Q 46� �mM6°•IIIWArt" \1 . 4... o Building ( I,."Io" i —i Envelope �6,6 9@� / L�Rqm°=fir ----------------------------------- _,e3,._. ——__— — -- 42 - --1 B.e 19-6-6e "�is we sic ry1 758.23 S6,C°R. •fw,a RK WELD COUNTY ROAD NO. 88 1 I9-9-05 ] N 'it 8+”° ) 6 zlflv0 i 1 a - 312. h J ti Totowa Ler A gat Q e Cement DiwH Mot&nag, zynu N Tlopose° 1.ot S 75 4 gad File # RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department . Date: 933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970) 352-2868 1. Applicant Name I O irvl imp we o S Phone Address I Vo .2 c? City chibuille State • Zip at(o S I 2. Address or location of access Section I o! Township It N Range Ls ED 1.4 — Subdivision Block — _Lot Weld County Road # NrWI j 39 Z Side of Road Soo-fix- Distance from nearest intersection Si milt 3. Is there an existing access to the property? Yes_ ✓ No # of accesses / 4. Proposed Use: / ❑ Permanent 10 Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other ********************************************************************************************************** 5. Site Sketch C xls77N t, for Access Description: Accur � Legend " RES = Residential 3‘2 `D„ O&G = Oil&Gas tssi, e D.R. = Ditch Road / ii *********************************************************************************************************** OFFICE USE ONLY: Road ADT_ Date Accidents Date Road ADT_ Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** O Installation authorized O Information Insufficient Reviewed By: Title: 7 DEED Orr Land Company of Greeley 826 9th Street Ste. 200 Greeley, CO 80631 Phone: 970-351-8777, Fax: 970-351-7851 1111S FORM IIAS IMPORTANT LEGAL CONSEQUENCES AND 111E PARTIES SHOULD CONSULT LEGAL AND TAX OR OILIER COUNSEL BEFORE SIGNING VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCIAL SECTIONS OMITTED] May 03 , 1999 1. PARTIES AND PROPERTY. Tot= S. Owens and/or Assigns DyWA[Buyer], (as joint tenants/ tenants in common) agrees to buy, and the undersigned sellers) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Weld — , Colorado, to wit: See attached Exhibit "A" known as No. n/a n/a n/a n/a Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon except as herein excluded (collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, 'IV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and centrals, built-in vacuum systems (including accessories), and garage door openers including 0 remote controls; (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c) one mobile home currently located on the subject property. (d) Water Rights. Purchase price to include the following water rights: none. (e) Crowing Crops.With respect to the growing crops Seller and Buyer agree as follows: none. The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, n/a deed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this sale: none 3. PURCHASE PRICE AND TERMS. The purchase price shall be $ 200. 000 , payable iin U.S. dollars by Buyer as follows. (Complete the applicable terms below.) (a) Earnest Money. $ 5. 000 in the form of non—i nt erect hearing , as earnest money deposit and part payment of the purchase price, payable to and held by F]d Orr ,broker, in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or before closing. The balance of$ 1 95, 000 (purchase price less earnest money) shall be paid as follows: (b) Cash at Closing. $ 1 95,000 plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's cheek, and cashier's check (Good Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made in Good Funds at closing or paid as fellows: n (c) New Loan. [OMITTED-INAPPLICABLE] (d) Assumption. [OMITTED-INAPPLICABLE[ (e) Seller or Private Third-Party Financing. [OMITTED-INAPPLICABLE] 4. FINANCING CONDITIONS AND OBLIGATIONS.[OMITTED-INAPPLICABLE[ 5. APPRAISAL PROVISION. (Check only one box) This Section 5 ❑ shall ® shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by n/a The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before August 27, 1 999 (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by Buyer 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, a current commitment for owner's title insurance policy in an The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] Rea1FA$T®Forms,Box 4700,Frisco,CO 8C443, Version 5.52,®RealFA$T®,1999;Reg#XCOCOL224618 Completed by-Ed Orr,Broker,Or Land Company of Greeley ����p� Page 1 of 4 05/05/9914:03:29 6/valva s Seller(s)Buyers) � �O amount equal to the purchase price or at Seller$ :e, dp\dbkikP\tl IAN IC\'hh'tt Wad, Vr before MI y 1 -t„ 1 999 (Title Deadline). If a title insurance c..,nmitment is furnished, Buyer may requir.. of Seller Ihat copies of instruments (soh\kbrit(t\d(s\ of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also Ix, furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies WOpl(8091tt\ of instruments furnished pursuant to this Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies clAd(x\tka`pt@\ of instruments listed in the schedule of exceptions no later than 1 calendar days after Title Deadline. If Seller furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable alter closing. 9. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents ak W111Vhpkt\ Written notice by Buyer of unmerehantability of title or of any other unsatisfactory title condition shown by the Title Documents or\idasli ld(\shall be signed by or on behalf of Buyer and given to Seller on or before —Z calendar days alter Title Deadline, or within five (5) calendar days alter receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all lease(s) and surveys) in Seller$ possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before May 11, 1 099 . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBIJGA'1'ION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WI'HIIN SUCII DISTRICTS. PROPERTY OWNERS IN SIICII DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SIICII DEBT WHERE CIRCUMSTANCES ARISE RESULTING IIN THE INABILITY OF SUCII A DISTRICT TO DISCIIARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVIESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DIS'IRICI'S, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCII INDEBTEDNESS, AND TILE: POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the elTect of the Property's inclusion in such special taxing districl(s) and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Seller agrees to provide Buyer on or hefere May 1 0. 1 999 , with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or bofore May 1 7, 1 999 (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before May 21, 1 999 (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 11. DATE OF CLOSING. The date of closing shall be Sept emher 01 1 999 , or by mutual agreement at an earlier date. The hour and place of closing shall be designated by Sol 1 er 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof; Seller shall execute and deliver a good and sufficient general warranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except none. Title shall l., conveyed free and clear of all (lens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Ibeunents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), (iv) inclusion of the Property within any special taxing district, (v) subject to building and zoning regulations. 13. PAYMENT OFENCUMI3RANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to he paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete: all customary or required documents at or before closing. Fees ku real estate closing services shall not exceed $ 1 40 00 and shall be paid at closing by egna l 1 y by Buyer and Seller .The local transfer tax of n/a %n of the purchase price shall be paid at closing by n/a . Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer 15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner$ association dues, and interest on continuing loan(s), if any, and n/a shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: upon date of delivery of deed subject to the following lease(s) or tenancy(s): any oil and gas leases currently in effect If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer fur payment of$ sn per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall he delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.52,®RealFA$T®,1999;Reg#XCOCOL224618 Completed by-Ed Orr,Br t kier,O Land Company of Greeley Page 2 of 4 Buyer(s) 05/05/99 14:03:29 Seller(s) repair the same before the date of closing. Ii event such damage is not repaired within ssair to or if the damages exceed such sum, this contract may he terminated at the option of Buyer. Should Buyer elect to carry out this contract ,...spite such damage, Buyer shall be entitled to credit fur all the insurance proceeds resulting Wm such damage to the Property and Inclusion, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(a) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by lire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) ❑(l) Specific Performance. Feller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may he proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. ®(2) Liquidated Damages All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value arc LIQUIDATED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (h) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in lull force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract, and is not resolved, the parties and broker(s) involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requuesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate.This section shall not alter any date in this contract, unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission). A. Buyer and Seller each agree to cooperate with the other in order to effect a like kind exchange of properties in accordance with the provisions of Section 1031 of the Internal Revenue Code of 1986 as amended. Said cooperation by both parties shall be at no additional cost to either party. Buyer and Seller's cooperation hall not extend beyond the date of closing. B. This contract is subject to Buyer obtaining satisfactory financing from a third party on or before July 5, 1999. If Buyer does not obtain said financing, then this contract shall become null and void and of no further force and effect and all things of value shall be returned to their respective parties. 22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. 24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker, n/a and its salespersons have been engaged as D/a Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency, subagency, or transaction-broker. 25. NOTICE TO BUYER. My notice to Buyer shall be effective when received by Buyer, or, if this box is checked ❑ when received by Selling Company. 26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the ollering party receives notice of such acceptance on or before May 04, 1 999 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a fill and complete contract between the parties. The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-7-96. VACANT LAND/FARM AND RA NCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED) ReaIFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.52,ORealFAST®,1999;Reg#XCOCOL224618 Completed by-Ed Orr,Broker, nd Company of Greeley 05/05/99 14:03:29 Page 3 of 4 Buyer(s) Sellers) Tomm S. Owens and/or Assigns 17746 Weld County Road �29, ttev• 1 -, CO 80651 Home #: 970-737-2908 r71711 , BUYER _ l .GUld DATE By: Tomm S. Owens BUYER DATE By: BUYER DATE • By: Ed Orr and A gns 826 Nin tr t, Greel , CO Bus.# 9 - 1 F x # : 970-351-7851 5J/ 47,31j SELLER DATE By: Ed Orr SELLER DATE By: SELLER DATE By: The undersigned Broker(s) ackrnwledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company: Orr Land Company of Greeley 826 9th Street Ste. 200 Greeley, CO 80631 Phone: 970-351-8777, Fax: 970-351-7851 By: Signature Ed Orr Date Listing Company P/a By Signature Date • pia Address City State Zip Phone St/a Fax Jt/a Note:Closing Instructions should be signed at the time this contract is signed. The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-7-98. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] ReatFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.52,®ReaIFA$T®,1999;Reg#XCOCOL224618 Completed by-Ed Orr,Broker,Orr Land Company of Greeley Page 4 of 4 05/05/99 14:03:29 That portion of the E1/2 o_f Section 19, Township 6 Wort , Range 66 West oofrthe 6th'LP.M., Couunntyao follows: State of Colorado being more pConsidering the North-South centerline of said Section 19 as bearing North 02 degrees 48 minutes 06 seconds West and with all bearings contained herein relative thereto, Beginning at the Southeast corner of the SW1/4 of said Section 19; thence longmNorth-South 8 inutes secondscM strline of said 3502.60 feet tooaion 19 point on th the 02 theNorth bank of the No. 2 Canal; thence departing said North-South centerline and along said North bank the following four courses and distances: North 82 degrees 11 minutes 57 seconds West 18.94 feet; North 76 digress 31 minutes 52 seconds West 58.22 feet; North 64 degrees 31 minutes 59 seconds Nest 856.27 feet) South 62 degrees 29 minutes 43 seconds West 26.02 feet to the True Point of Beginning; thence continuing along said North bank the following thirty-five courses and distances; 1) South 52 degrees 29 minutes 43 seconds West 45.38 feet; 2 South 88 degrees 84 minutes 35 seconds West 113.98 feet; 3 North 86 degrees 12 minutes 20 seconds West 65.82 feet; 4 North 59 degrees 00 minutes 25 seconds West 59.55 feet; 5 North 85 degrees 33 minutes 12 seconds West 58.92 feet; 6 North 76 degrees 06 minutes 12 seconds Nest 58.51 feet; 7 North 66 degrees 05 minutes 03 seconds West 74.57 feet; 8) North 64 degrees 40 minutes 01 seconds West 69.62 feet; 9 North 63 degrees 20 minutes 27 seconds West 56.07 feet; 10 North 52 degrees 16 minutes 36 seconds West 59.02 feet; 11 I 12 Noo 45 degrees 51 minutes 13 seconds Nest 56.11 feet;rtthh 47 degrees 18 minutes 57 seconds West 56.66 feet; 13 North 50 degrees 15 minutes 23 seconds West 50.31 feet; 14 North 63 degrees 31 minutes 06 Seconds west 56.41 feet; 15 North 89 degrees 07 minutes 16 seconds West 51.25 feet; 16 South 81 degrees 55 minutes 54 seconds West 53.67 feet; 17 South 80 degrees 35 minutes 32 seconds West 53.65 feet; 18 South 83 degrees 04 minutes 48 seconds West 53.08 feet; 19 South 79 degrees 57 minutes 35 seconds West 52.50 feet; 20 South 72 degrees 16 minutes 17 seconds West 52.56 feet; 21 South 66 degrees 17 minutes 36 seconds West 52.12 feet; 22 South 63 degrees 47 minutes 29 seconds West 50.32 feet; 23 South 71 degrees 31 minutes 12 seconds West 50.41 feet; 24 South 85 degrees 24 minutes S1 seconds West 52.38 feet; 25 North 81 degrees 51 minutes 19 seconds West 54.01 feet; 26 North 73 degrees 05 minutes 11 seconds West 111.41 feet; 273 North 76 degrees 32 minutes 44 seconds West 50.88 feet;28 South 88 degrees 25 minutes 44 seconds West 60.07 feet; 29) South 63 degre 51 minutes 53 seconds West 55.63 fest; 30 South 42 degrees 21 minutes 02 seconds West 54.50 fest; 31 South 34 degrees 08 minutes 30 seconds West 53.88 feet; 32 South 36 degrees 55 minutes 03 seconds West 52.96 feet; 33 South 51 degrees 09 minutes 44 seconds West 58.79 feet; 34 South 75 degrees 48 minutes 05 seconds lest 54.52 feet; 35 North 86 degrees 09 minutes 62 seconds kejjt 38.46 feet; thence departing said North bank South 00 degrees 31 minutes 25 seconds West 1370.52 feet more or less, to a point on the South line of the NW1/4 of pn�afgqid section 19; degrees thence along toith South �tNorth corner7of theeEl/2 minutes 24 BN1/4 seconds nsaidaat Section 19; thence along the West line of said 11/2 South 00 degrees 02 minutes 30 seconds Lest 962.29 feet; thence departing said East line North 87 degrees 00 minutes 24 seconds East 806.03 feet thence North 02 degrees 39 minutes 01 seconds West 2227.06 feet to a point on the North bank of the No. 2 Canal and the True Point of beginning. EXCEPTING THEREFROM parcels conveyed to Weld County by deeds recorded December 8, 1952 in Book 1345 at Page 342; and December 11, 1952 in Book 1345 at Page 525. Name and address of person creating newly created legal description (38-35-106.5, C.A.B.) Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Co 80537 EXHIBIT "A" • Order No. 8512859 SD CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO • DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The TRANSNATI:ON TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a described herein since August 30, 1972, and the reful F.earch of its records, m most recent s the following recorded prior to August 30,the 1972 state LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTPTCHED HERETO • CONVEYANCES (if none appear, so state): • Reception No. Book 1171 Page 21 ..Book Book 1418 Reception No. 1200654 Book 1418 Reception No. 2179781 , /2 _ Reception No. 2225398 Book,Book 12 12/4; Reception No. 2691583 • ,Book NONE — Reception No. 2691593 ,Book Reception No. ,Book Reception No. • The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. tle, nor a ee Title This iltycertificate is T not to LE as INSURANCE of TitleCOMPANY,is herebyon of limited to the fee t paid forh and the liability of Certificate. In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 27th day of Apri 1 19 99 , at 7,:00 A.M. . TRANSNATICN TITLE INSURANCE COMPANY Company By: l oS AOA_. Authorized Signature NOIE: Death Certificate & Affidavits for Property Held in Trust included for infozmat:ionl purposes only. LEGAL DESCRIPTION OF THE PROPERTY Ll Lt-0t That portion of the East Half of Section 19, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the North-South centerline of said Section 19 as bearing North 02.48'06" West and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Southwest Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48'06" West 3502.60 feet to a point on the North bank of the No. 2 Canal; thence departing maid North-South centerline and along said north bank the following four (4) courses and distances: North 82°11'57' West 18.94 feet; North 76'31'52" West 58.22 feet; North 64°31'59" West 656.27 feet; South 82°29'43" West 26.02 feel: to the TRUE POINT OF BEGINNING; thence continuing along said North bank the following thirty-five (35) courses and distances: 1) South 82"29'43" West 45.38 feet; 2) South 88"5'4"45" West ITY.9F feet; 3) North 88"12.20" West 85.82 feet; 4) North 89"00'25" West 59.55 feet; 5) North 85"33.12' West 58.92 feet; 6) North 76"06'12" West 58.51 feet; 7) North 66'05'03" West 74.57 feet; 8) North 64'40'01" West 69.62 feet; 9) North 63'20'27° West 56.07 feet; 10) North 52'16'36" West 59.02 feet; 11) North 45'51.13" West 56.11 feet, 12) North 47'18'57" West 56.66 feet; 13) North 50'15'23" West 50.31 feet; 14) North 63'31'05' West 56.41 feet; 15) North 89'07'16" West 51.25 feet; 16) South 81'55.54" West 53.67 feet; 17) South 80"35'32" West 53.65 feet( 18) South 83'04'48' West 53.08 feet; 19) South 79"57'35" West 52.50 feet; 20) South 72'18'17" West 52.55 feet; 21) South 66'17.36" West 52.12 feet; 22) South 63'47.29" West 50.32 feet; 23) South 71'31.12" West 50.41 feet;. 24) South 85'24'51" West 52.38 feet; 25) North 81'51'19' West 54.01 feet; 26) North 73°05'11" West 111.41 feet; 27) North 76°32.44" West 50.88 feet; 28) South 88°25'44' West 60.07 feet; 29) South 63'51'53" West 55.63 feet; 30) South 42'21'02" West 54.50 feet; 31) South 34°08'30' West 53.88 feet; 32) south 36°55.03" West 52.96 feet; 33) South 51°09.44" West 58.79 feat; 34) South 75°48'05" West 54.52 feet; 35) North 86°09'52" West 38.46 feet; thence departing said North bank South 00'31'25" West 1370.52 feet, more or lees, to a point on the South line of the Northwest Quarter of said Section 19; thence along said South line North 87.00'24' East 1188.22 feet to the Northwest corner of the East Half of the Southwest Quarter of said Section 19; thence along the West line of said East Half South 00°02'30" East 969.29 feet; thence departing maid East line North 87'00'24' East 808.03 feet; thence North 02°39'01" West 2227.06 feet to a point on the North bank of the No. 2 Canal and the TRUE POINT OF BEGINNING. -seek ty. 1 45 MU Recorded FEB ' 1 1gdr_:. ,t ' --- [1722MS' *NM SPQa lt—;ba,••-_.,-.,.. ,;--y - , A<c<ption No_ Recvdv,.. z miss ,'PPLbs Ma�it dc. 31st day of _ vans:^ In the • y is year of our Lord one thousand vine.hundred and forty-six stencil "' 1.b 3 Li HARA150N V TELLp3 . a. ' !•. _ i Y- of the County e Weld :and State of Canada,of the Ent part• and".O. B. WINDER y of the _ Coi ty of leld. r_'::. - ,`.+t+ars&State 9{Colxa4q C&C itikSe pant .11"): WITNESSETIL That she sal.: part y :.of the Ent put Iag'and in smendentlm of the sum;IV Te- t .lars and other good and valuable considerations,— — —,— ,Qt—l'alLE, -• '_ saidr(y first of tike second part the receipt whor>tol la s a.:.:...TV.-e 'hereby confessed and acknowledged, has granted. samisen seW and conveyed. and by these presents does' bargain. .. and no...firm unto the said party of the second part, hie bees and aaugv, # _..• --,,,,,_• r4<a.. -'forever..11 the toll g described lots or parcels of land, whale. '- .av •••. _ __ _ el w.CA�t 4 std ,trti and State of Colorado, to-wit: J4, WIN The East Half (F}) of the Northwest Quarter (ell+}) and the East 150 y --3 Half (E}) of the Southwest Quarter (Ski) of Section Nineteen (19), - Township Six (6) unrt.h; Range Sixty-six (66) West of the Sixth - _ -�=; l' Principal Meridian, together with air water and water rights,w[ wi -L-7 fit; ditches and ditch rights, and rights of way and easements belonging ME y� , • ` to or improvements used with said lands, and all irovements and equipment C it&-- 1t " belonging isorpn thereon, together with Two (2) shares of the r 60 c..,,;..:_tic capita] stock of the Windsor Reservoir and Canal Company, One- s. emu= fourth (q) share of The Roullard Lateral Company, Six and three- _' t t_lcutbanm.� fcurthe t6 3/ ` shared or the capital atask ^ Ye- Carhe la iay�<ss..a.rX. Poudre irrigating Company, and Eleven (11) shares of the capital --1 -7?-"---HL stock cf The Cache la Poudre rieservolr Cograny, and existing Zr_ .- 1"' • allotment of Northern Colorado Water Conservancy District. .. •• � TOG ETII Elf. with all and singular the hereditament, and appurtenances theecur,s belonging. or in any p_y wise appertaining, and the r ver and reversions, m aer and remainders, rem e.. ca. and profits thereof; and .- -- all the estate,right, title, interes5 claim and demand whatsoever of the said party of the first part either in law -` or equity of, in and '.o the above bargained premises, with the heredltaments and appurtenances. _ _ TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances. unto he said pan y ci the second part, has heirs and assigns fore.era And the said party of tire.Ent f�6 part, for himself', his heirs. executors and administrators, does covenant. grant, bargain and agree Ini to a its the said party of the second part, his heirs and as.e••is,that en- sealing at the time of the and delivery cl these presents he is well seized of the premises above conveyed,as of good,sure,per- ly}- feet, absolute and iaa-fan sil.ir estate of inheritance, in law, in fee sm and e ands has good right,full power and lawful authority to grant. targan. sell and convey the same inand that the same are free and clear from all !timer and u,ne grant; r.r.....”:.. . tales.liens,lairs,assessments and incumbrances of whatever kind or nature noeve,: Except its inclusion within Storm's Lake Drainage District; ---1...,r on. within Northern Colorado later Conservancy District, end water allot- ment therefrom, and the above premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person cc persons lawfully claiming or to claim the whole or any pan r! thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. • IN WITNESS WHEREOr "The said party et the hat part h:- he.--ate set his hand and seal the day and yrar first above written. . Sanrd. s •.I. Delivered in the Presence of .1.11221/12-.411D1 air• ..4..----1.21.-a__(SEAL)(se:w _.._._..__-_ . .._ _.- -(SEAL) n; r. __ -seer-_ _._ ekes seer seek -_- --(SEAL) 4 1$TATrt OF COLORADO,}m • '�l },,. The foregoing instrument wv acknowledged before me this jlst—_day of Ca;(r(y of Weld. - _. January 19116 . by—G A 117 min _ — 'A at Witness Ifj);34 and Official Seal. -- :! Ify Commii ttpire,My commission Eapir0 Ma 71l93/411 Oft it.ZYlI�r i f'.._=fl �bd .\. $.... Notary Public b -WARRANTY.DBED-1(cVey Printery, Greeley, Colorado. aTtu :tat:lea ! l tea. YA6x•i 83y �as.(4, 0, I e141bt-rte �. • .,-.cc,+ }'�' MiM�t,A a.�t�e\ e J mo d+ .- . t'uU ).).1t. " -t.; r''';',• .. e AimsTxet.rnrnt, T �+4 -!' •[.7 �y�0...�t)Mra.iJY t 'a..' ' - 14 the p:111, _One nd N TM lta•Wenn >,'r Y'tt • 81�e a ry �..�. 1 4a`t . Ar ri.' �' r avp { y �. .r.. ., y rr. t a to a .u. I.i.3t rs w Cori a �gm. se awn a .3r x" 1 I �j x x'P 9f r • 1rtt,T ,aa1(Mlt1 v r.x is7KrR ter ei�`I.r ..i $7Nt •Part-X}o!the ant part,- n" ; I ' - ^tl. as x :.ate r.Y. r.. ' -.. ` r 1 „} 1-1• - S±c l5' .`a ° . S:; tk ..a _ L '+ � -.!':r•'"•J. *prim .`sn • an o ' •sl �'': -"^"""'� and State of.....�CC1AStla , "° tr"'�:al Ij+erf.3It4� ofat�fie ?tend pa R'taenrth the r r ' r 1 `� _ 4` +. I 1If� • \v1IE8EA8,iathe ConnCourt oft' -h^'�+'}• •County ofY.tieir ....,In the State, - I,P 'fl' res lD,j ^sus 7 t:Coll9 car-. ctl�' o!Colorado on the �]rrl�day Of • '-• CL11Ary • ,A D.la , tr ,:nia.um r un.w_m.vt. .I$P,A,rg„ alit,°",ass -te 0f 'f st c• a-iSe...,.t �+ :. an the'matter of the estate ot�fl.itl�. 4 .dC3` „., hr ,„;: .-� 211 - ,,, ,y „ . &_ i .t- nd we ter x7,g ht^ . - tan'or ei alho zln an !rioting tale of the Real Teat hereinafter deem 5c, r � A"`T ins ma e'en en tiedof7es! • :ra rr y r. r i -/1,-,' ft •esi-'� scot D{CIIERE sa p art di�dglopn th .:� d_._r"= aAK ,, • t '.de o ` D.19:.1Jleerll asSriV?>:.:sale for the ri `+} r-*e,¢LF�,,' Y_eI33i+J�t! - rsLa Q/loo - -Dalian,.._ D, m r', o e Nm o isms ea to jaur .��- r, o�l earM' ott a eaten pa fhe na[tee earibed reel eata,,��tsse�..�'ypnnnant to and in full tortpl[- Parsj MI i'i'i vtiaid orJ,trof iirt'. t. ' lrt t i; , `, 4 ,acre w th MI .arderot II Coariti;!..--t�ttf .F.; ATV- r nonussur .,1 srmr e•va - .01 fit. ,n3 t'It..,;-.1t., �--•�. A.\'D\t 11bRDA9 On the-._ M. ..... ap o -` a 111, ya. -..14 D 19" the -fir 7 1.- yta r, tc ai3�F scat -5• a .�,4� t • • .' dpsrlt_ o!0l- 6 ,n pat n Ld f�.7!✓-of e.?4 estate as aforesaid,Lnhmrl teS to ra ... f,.• the said Court a repot of such sale so made as a oresai "ic-z �ha-.d slater 'r' hts' , 1 t1: a VD TIIEREAFTE or nt ng e'en tale of Real Estate,Avas made and eatcred of narcissists ] f ! - •—• -^`L • L. ^+ 'r•'maa'�"l zeoord, .%,;i otter ss,n worts an -•; :- a fo Iowa to-nit �c, - �▪�, ti- t-' �i- ''4'�,•'t r� �.;_•„..,-. •'b r; � S 1"-,;; J-S �;r'c 4. •• -X 'i"t♦.a.- . '1)::::;:4. oorua,srur $'r a di'. .1 1'r.car '� ;,, r :::i4:Sit TN ' otmn CO•JP t ,' ,,,,,... . .. j l ,P COUNTY OF Li? -. 14 t,rt K-440 /927h ' ��..-, `.1`�w ,,nr'C ��.�� x„i��' �'�j'+ �� �,'h' �: e r y�; tS.,- k''The '41TTER eF a EST,/t OFP.) ' s, fit '4 - ..' ... 1 IED R• a,a so;knoh 1'• 't Ofifl �OLFIRMII1C, s r ' ,4 5 & ".w+ -' 4.r 'kn�w'wh,•,z. i r f [ T kit f... '4 k'_.*l' -0'S' f - a [- a A a .y 1.za,i=-- 'tYt. ....' row SAL ESTATE.,• 4--1.:',.7- a .- 3.3a "i' 3.3 `it, Sony,y;i:+* z r ; vtt SR a .. y " r ,4-,,rF` -fi'I's .` $ ▪� r:..: fib- ., ' ,.. . -131 i -14..'s,- ;40.,, try Wipdety eir at law 'and ""a' ,Sass matrix o . sa 'd es ate W.et.on,�;and¢by..'elly and"Cl ay Can F`-' ther7attorn�s,&a a',Motph_Wlftte -iDPCssld$-Winderi ,Rose U Allardlce, i •May'V e11 41..clntire,andaCorMih 1nfl byg#their valve:s of ,, -, service -' bnaatlt�t entrj or u S `'decree,-tiand this m tter, .!+slag bb "effitof der 0Titify a is*dims e os,'on,to be heard lii'▪ px'd rrr Tp*t h le ra,'j,__ tut Made under rind by virtue of t e ' ..wA,= .'3. -�"'sYt y 4.r44 S "ozal?.+ ax " T .i 2 rt` t41Q. a• j� C 6�n ourt `that 1n e g4 a ai r , e s3 his fatr.ix, hasiln `6111tes - rip. ` i ,c a' 4 IN iiiirsu ?case made and„ . r vided •: a �.M!•r`., '-e+��' x .r,.y'� ourtl 'R+ 'It -A i,, g:; `-it .;; , zqrprmy s< ., -r 'Cit.- • e let : .: , rc �1. j1�ED''FND DECREF.D,vThat theF ..., , S e�iad Us '-'-ai s n•ems such idaiinistretrix tt 0 bonalcl'•il ` e oiroli . 2 eser d.lot-or�parcel'of l and + 'trite + • -it V " tit f Coloredoikto-wit ° 44.r max , �4A eI.s : Me order' trains tale of t iteaboa .-.ion. s • ,- a" 31--.r' ✓ q�yy $ • . . • } cit., , , % 413 na5l?�J LAet calf (L}):'of Yait:hnlf ('4}3 of Cccticn 19, ,. 4� iov^shlp 6 North,' 46 West of;thc G t r '!., w.,14 County, Colorado with water for irrigation therewith Cy 6 3/4 shares of The-. Cache la r" Poudro=lrritatirg Co.; ll shares or The Cache la i '; .. - Poudre Reservoir Co.; 2 stiares of Tie 'dirdsor Reservoir & Canal Co. & lateral rldh.s for • e 3; crrriege of said vnter,to.said,land, including l/� shore of The Roullurd Lateral Co. , esd Water conservancy Diatrict;allotment,ce rerord, title ,-, to be clear or taxes for the year 19''•; for •thc s:- of:Forty-seven Thos .d,Ftve w red t547,rCn o ) 'Collars, title,;to to cleer,of taxes,for the year 1954r said sus: being,.equai <to the appraised„value of said described real estate. IT IS F/fiTiil . oEDIAED{{ k the said !n a3. :ar°e:, as Adainistratrix of said estates as e, ,execute, acknowledge, and. s ;x deliver unto the said Donal dtwinder a•good arae uificie..t deed cr t`• - eor.veyar.ce, conveying t5 stId;-,.i er all r ght, title, • _;•:.irterert and estate .in and to the said p......, -,_ese. a:•d pr^rc ty sc ....I xhi^h the .,id Codfrled S. W ler, '".o'se ac ec 1:1:.= : :had there:. at the tlae of his decca^e, wI'.• ≤,.e __e<t as - :cif xsde b;�rsald .decedent durirt hi llfetlr!. _ .T I ::hiZ C-'.ZL. , _h a ; t so sc 1 - nrcrc f_d be and 1 . Is hereby rpp_oved a :_' ._at .Ce ..e a^a `it 7e her b,:o °.eyed recorded. -_ �...e open Court -'thlso2_1 icy of F' _r. r,, 1?rr• �. • t t, • the Court: " a -1 �1./.�Jr /�l r- ` �' Aeting Ccur.tijudge 1ir. 1 - • 1 •yam • p.. 17 .n 4 t k t :V... .„. } ..a-a?f V .rclie':eT'�"a , �".�.3 N° x. . 4a ! ; Q4,; k-t. ' v 3 µ , t . . - ^ -,.r.� A M 3M.' 'ir1413`nu510 , - ., ; r, •R+F9 .fit °?. �, :_-Y " :. .; .. • --- ,NOW,TIIEREFORK.Tide Indenture wltnewth,That the said party....-....of the first part, In 0. to ratba et the premises,and the further eenaldentlen et the said auto ef_._C.ift VI,- ...- i1i hOurnl-iiiS.ti.nt'H1rrdAnd - — „ay • r ) . a a.•t to_ht4,C hr band Mid by the said paK _.Y oo f the second part,the receipt of which I.hereby eeknowl• 71j..?-,C-:- , ._.edged,ha 7: -aold and conveyed,and by these presents do.CF._Jell and convey unto the said part.:..... I. '+ ` • of the second part,_.ham.=_heirs and assigns,all the right,title,Interest and estate of the said—_........_ .. _... _.—...._--. f �3frfe,) II_ Winder , . -an Ifaoldoreonveyedbyh��.'during h _Itfetirne'tflot4lriciarrel,b T.XXtoXiorlt•,•at ttlme.sehea...._hE wAw rhehtallyootnprtent; in and to the following described real estate,situate,lying and being in the _County of 1 , _ _„It:r:.,.._._._. and State of Colorado,to-wit r I J i frn Parcel 2t N, Last half (Cl) of West half (WI) of Cr .icr. le:, Township, 6 North,' Range 66 West of the 6th ;. ' 1„- • — ' Weld County, Colorado with water fn irrigation I therewith by 6:3/4'shares -of The a Cache a Pcudre Irrigating Cc. ; 11 shares ° The Cache la Pou-lre Eese voir Co. ; 2 share- The I -"' - o ..crer•roir °- Canal Cam. r.I lr.teral ^' - fcr eoro a1,4 w,_• tc _^,a 2-.,: i , 1 r1c:!_: 1/4 i - share cf:Tt.e houli_ard :.atcral Cr . , .. d elate: C - ` serva .cy District allotment o£ re:or!, title to i - be clear of. taxes for the year •r' : b- l a r- .or, - , TO RAVE AND TO BOLD TQE SAiIE,with all the appurtenances thereunto belonging,or in an v- wise appertaining, to the proper use,benefit and beboof of the said part y..__.... of the second part. t { $ .�LhlSilmtn and miry forever "—....---,-..--,...;.—r....—_—___-----.:....4-- —ti '-IN WITNESS WHEREOF,The said part...l_-ot the-tint part,at------._.._.....w. t...I:1X........._ „-- r; of said esta;e as aforesaid,ha.S...._Derennto set—b1;_,hand—__.and seal . the day and yen first '-' berernatov. wr ices. '',11/.2.Vi- f ... (SEA%) 3 1 �-a-- ti vt,3c• : ,._..�N..e1.CC /✓e. / (SF..V6) �� -;.:;;C*:" ; '� a F; b11 the �'4r)7( tr e,r:NA t�eF Estate of „ ii t'. *F del W. a ,, s -'t ,,33;343- R. . �;.c'°3 .-•Ersse steerdivg to fact:74-:_ ,r ¢_, :., ,.•.-. ,. R . .. _s._ . :tom i __ .�. _ • ry_. ; *nary T t . MK v e 9 ,f`. ,xx141:3 ►[a51 ,w .- . PT%TVOYrnt.PRRAl>,t .' I 1 -y C.oaq.f Weld I • ,�yy l. � ,. eta l.Nrv.nrnl was.elnn.l«Ind before re*this :I"' day el t i .1! C..,, 'Sy: BUJ/ by :;nn8 B. n!ndnr 1 C - >s , - e 1.ftb.Cw.t.st 'God frX e;r; ?. '41r.r:er ,o .e ' FL�Sn.strnirix , _ ',NI rt;rues�Ryind and afnetal,.al. zI Y:, a t li 'a • Clerk of 7, Color? Co 1-- ;.tncir „ =i .a J - We Id County, Colorado f P 1 S LhLCe_ _..___.:Qerk of the County Court of tM • +? nty anJ:itat< x do uld do hereby certify the within and foretegoing to be a true,perfect and complete ropy of Vrder Con'irmir.¢ (n 1 — •t Me5lRdaeetr.ntt.ent. IS WITNESS WHEREOF,I have hereunto set my band and affixed the seal of said Court this; _.: day nf1_[1a./�a5anT]___—.—_,,19._......_ /W O Z Core or WI fa.etl Ipu M1. c By..-- - 4 I J 5r I 1 1 ' ,ti ; Y pe,. 1 I g ,. .i • O Ge f O� w o 4 ,' t U- ,+...'vr O i t F�� .,4 O`-1 g 1 f 1 'it • 1a 1I1 I !y� °N NI V! Iiititi &a uttHP -?�,c� :1AF 2• c , 'wit - r: • tt a3 .eee.Ft'T.SL"J8t'i a-.--- .,.t'&3.if5&1>' ''',14-ea J `:1941 o...,,d:d:n E 1232 REC 021/9781 05/16/89 16:15 $6.00 1/002 ..- F 1524 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2179761 _ --- - - - -- — - • - QUIT CLAIM DEED THIS DEED,Made this 15th dry of May .19 89. !.I between Donald Winder of 12002 Highway' 392, Greeley, 80631 of the •Couny of Weld and State of Colorado.grantorla and Marie Wine I hoselegaladdress is 12002,4 Highway 392, Greeley, 80631 . ; _ of the Coon y of weld and State of Colorado,grantee($, a WITNESSETH.That the grcmud*for and in consideration of the sum of other valuable consideration and Ten DOLLARS the receipt and sufficiency of which is hereby acknowledged.ha remised.released.sold.conveyed and QUIT CLAIMED,and by y' these presents do es remise,n lease,Sell,convey and QUIT CLAIM unto the grantee) her heirs,successors and assigns, forever, all the right, title, interest. claim and demand which the grantor(>1 has in and to the real ',meetly, together with c'. I,'I improvements.if any.situate,lying and being in the County of Weld and Sutc of II Colorado.described as follows. Description is attached hereto as Exhibit "A" and made a part hereof by reference. c. y I II • II ll b :. TO HAVE AND TO HOLE)the same,together with all and singular the appurtenances and privileges thereunto belonging or in I anywise thereunto appcnainin,d,and all the auto right.tide.inmrtst and claim whatsoever,of the gramot(Q.either in law or equity,to II .I the only proper use.benefit and behest of the grantec(gt her heirs and assigns forever.IN WITNESS WHEREOF.The grantor aha 5 executed this deed on the date set forth above. Donald Winder I� _ f . I } . STATE OF COIGN A IX I, la, county of Weld J The foregoing instrument w as acknowledged berate me this 15th day of May .1989 . by Donald Winder• Al :/j. nmau�itp'm j.-\r CI L, ,19 .Kitness my hand and official seal. b, �, ; or,tRr ` y� G P col.° .. • •If in Denser.Insc n'City a.d." - t-_ . . - _— ..- .w- ... ._ - _ __ —. - No.933.R..Sd5. Warr CLAIM egret n.J'..,,t I'..nl..a..., ill,,,rev 4.'het.«.ro*0202-1031:0225W—12 AI _ , B 1232 REC 02179781 05/16/89 16:15 $6.00 2/002F( z?•=F_ F 1525 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO ;?:.' t;"ir EXHIBIT "A" '- ."4"';'4144tIrAn undivided one-half interest in and to: The W1/2 NW1/4, E1/2 W1/2 Section 19, Township 6 North, Range 66 $; West of the 6th P.M.; also that land in Section 24, Township 6 ^-=k'},-,r North, Range 67 West of the 6th P.M. east of a line beginning at a point on the north line of said Section 24, 310 feet west of y, the northeast corner of said Section 24; thence south 1472.5 feet to a point on canal bank; thence northwesterly along canal north 65 deg. 51 min., west 167 feet; thence north 56 deg. 16 min. west '_> 142.5 feet; thence north 76 deg. 14 min. west 103.5 feet; thence •• ' . north 49 deg. 3 min. west 98 feet; thence south on a line parallel to the east line of said Section to the south line of - said Section at a point 756 feet west of the southeast corner of said Section; containing 349 acres, more or less, according to ;` ' the U.S. Government Survey thereof; together with 4 shares of stock of The Windsor Reservoir and Canal Company; 13 1/2 shares of stock o£ the New Cache la Poudre Irrigation Company; 22 shares , cc stock of the Cache la Poudre Reservoir Company; 1/2 share of s`nf{. ._c'r. of Rouland Lateral Company, and 250 acre-feet of water otted from the Northern Colorado Water Conservancy District, nA. acd together with all wells and equipment used for irrigation of said land. "` M28225398 B 1274 REC 02225398 08/30/90 11:10 y10.00 1/002 F 1756 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Recorded at _ O'clock .M., Reception No. Recorder. F QUIT CLAIM DEED . THIS DEED, Made this day of l.l.(a-f , 1990, between 9D '' Donald Winder and Marie Winder grantor, and Donald Winder and Marie Winder, As Trustees for the Donald Winder LOVING TRUST and the Marie Winder LOVING* TRUST, dated August 25, 1990,whose street address is 12002 Highway 392, Greeley, County of Weld, State of Colorado, grantee, WITNESSETH, That the grantor, for no consideration but the convenience of the parties • has remised, released, conveyed and QUIT CLAIMED, and by these presents does remise, release, convey and QUIT CLAIM unto the grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the I real property together with improvements, if any, situate, lying and being in the County a' of Weld, and the State of Colorado, described as follows: E 1/2 of Sec. 24-6-67 and Sri 1/2 of NW 1/4 Sec. 19-6-66 and E1/2 NW 1/4 s and the E 1/2 of SW 1/4 of Sec. 19-6-66 also known by street and number: NONE TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WITNFSS the hands and seals of the Grantor. Attest: 4 a - B 1274 REC D2225398 08/30/90 11:10 510.00 2/002 • F 1757 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO ; STATE OF COLORADO ) - ss. COUNTY OF DENVER ) - The foregoing quit claim deed was acknowledged before me on g-a 3-917 ,by Donald Winder and Marie Winder. Witness my hand and official seal. :�v f' 94y a's . / i • 116 '.,�'JO'3 .! I n:i %.-04r-e• I s 1 f►'• Berhintt's$oh er:pires: 9 11- 9 3 t • • a .r. _ /..':. 5 WARRANTY DEED g3 THIN DEED, made this 30th day of April, 1999, by and between MARIE WINDER, AS TRUSTEE FOR THE DONALD WINDER LOVING TRUST AND THE MARIE WINDER LOVING TRUST DATED AUGUST 25, 1990 ("Grantor"), and CRAIG HARRISON, whole mailing address is 760 Whalers Nay, Suite A200, Fort Collins, Colorado 80525, of the County of Larimer, State of Colorado ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantee, his heirs, personal representatives, and assigns, forever, all the real property, together with improvements, if any,, situate, lying, and being in the County of Weld,. State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantee, his heirs, personal representatives, and assigns, forever, And- Gran tea-, for him:welt and hie heirr, personal representatives, and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the Property: has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple( has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, except and subject to the following: 1. All easements and rights-of-way in place or of record. 2. Al]. oil, gas, or other mineral 1 , reservations, or exceptions of record. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. Al:. zoning and other governmental rules and regulations. 5. General property taxes for 1999 and all subsequent years. 6. Lease in which Daniel H. Stromberger and Cindy L. Stromberger are the Lessees, recorded April 6, 1999, under Reception No. 2685068 of the Weld County, Colorado records. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable p ion of Grantee, his heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Warranty Deedl the day and year first above written. � )// / R/-4_E- �4-�.c�(tat./ MARIE WINDER, AS TRUSTEE FOR THE DONALD WINDER LOVING TRUST AND THE MARIE WINDER LOVING TRUST DATED AUGUST 29, 199D STATE OF COLORADO 96. COUNTY OF WELD The foregoing instrument was acknowledged before me this 30th day of April, 1999, by MARIE WINDER, AS TRUSTEE FOR THE DONALD WINDER LOVING TRUST AND THE����yy��IIIE WINDER LOVING TRUST DATED AUGUST 25, 1990. O1oWENP "(�hand and official seal. My commigsi expires: -/!)- CO///) tDARELLA BLOCW L.r ,LSD lue(!� Gam. G.: 4, Notary Public qrf OF CCA- (HF1M 4/28/99) 111111111111111111 IIII 2691583 05/04/1909 04:09P Wald County CO 1 of 2 R 11.00 D 100.00 JR Sukl Teukamote EXHIBIT "A" ATTACHED TO AND MADE A PART OF TEE WARRANTY DEED BETWEEN MARIE WINDER, AS TRUSTEE FOR THE DONALD WINDER LOVING TRUST AND THE MARIE WINDER LOVING TRUST DATED AUGUST 25, 1990 ("GRANTOR") AND CRAIG HARRISON ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: The NW1/4 and the E1/2SW1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM parcels conveyed to Weld County by Deeds recorded December 8, 1952, in Book 1345 at Page 342; and December 11, 1952, in Book 1345 at Page 525. PARCEL 2: All that part of the E1/2 of Section 24, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, lying and being East of a line described as follows: Beginning at a point on the North line of said Section 24, 310 feet West of the Northeast corner of maid Section; thence South 1472.5 feet to a point on the South bank of No. 2 Canal; thence Northwesterly along said canal North 65 degrees 51 minutes West 167 feet; thence North 56 degrees 16 minutes West 142.5 feet; thence North 76 degrees 14 minutes West 103.5 feet; thence North 49 degrees 3 minutes West 98 feet; thence South on a line parallel to the East line of said Section to the South line thereof to a point 756 feet West of the Southeast corner of said Section 24. EXCEPTING THEREFROM a parcel conveyed to Weld County by Deed recorded December 8, 1952, in Book 1345 at Page 340. TOGETHER WITH all rights, title, and interest of Grantor in and to all personal property owned by Grantor in connection with the above-described property, including, but not limited to, all pumps, pipelines, gates, squeeze chutes, panels, irrigation pumps, along with any associated equipment, and other improvements now located thereon, including all fixtures of a permanent nature free and clear of any liens and encumbrances; all rights, title, and interest of Grantor in and to all water taps, sewer taps, gas taps, or any other privileges to receive any such infrastructure; all rights, title, and interest of Grantor in and to easements, rights-of-way, and rights to same belonging end inuring to the benefit of the property; one hundred percent (100%) of all rights, title, and interest in and to all mineral rights owned by Grantor in connection with the above-described property, including any reversionary or life estate mineral interest, if any; and all rights, title, and interest of Grantor in and to all water and water rights, irrigation wells, ditches nd ditch rights, wells, sumps, and reservoir rights, including all water and water rights, both tributary and non-tributary, whether adjudicated or unadjudicated, and all ditches and ditch rights, water wells and well rights, state engineer filings, well registration statements and well permits, reservoirs and reservoir rights, which are used on or are appurtenant to or located on or underlying, the real property described above, including, but not limited- to, the- following. spec f r water rights:. Two.Hundred-Fifty (250) units of Colorado-Big Thompson Project water; Four (4) shares of the capital stock of The Windsor Reservoir and Canal Company; Thirteen and One-Half (13 1/2) shares of the capital stock of The New Cache La Poudre Irrigating Company; Twenty-Two (22) shares of the capital stock of the Cache La Poudre Reservoir Company; One (1) share of the capital stock of The Roullard Lateral Company; All domestic water taps from the North Weld County Water District; and One (i) irrigation well. Street Address: 12000, 12002 and 12012 Hwy #392, Greeley, Colorado 80631 ROM IEEE 1111IIIIII III HI III IIII IIII 2891503 05/04/1999 04:00P Meld County CO 2 of 2 R 11.00 D 180.00 JA Suitt Twkemote (HF&E 4/28/99) - 2 - 1111111"Int1'HI!THIN 1111111II!'III It'll' 26915. 15/04/1999 04:13P Weld County CO 1 of 2 R 11.00 0 12.50 JA Suk! Taukemots WARRANTY DEEDTHIS DEED, made HARRISON "Grantor) 1 e day 1999, and , and ED ORR, whose mailing address s826 between 9th Street re 6�SPlaza,- Greeley, Colorado 8063- f 1, of the- County- at Weld, State o Cororadb i ("Grantee") . WITNESSSTH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantee, his heirs, personal representatives, and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County cf Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). TOGETHER with all and singular the hereditamente and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenance, unto Grantee, his heirs, personal representatives, and assigns, forever. And Grantor, for himself and his heirs, personal representatives, and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the Property; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, except and subject to the following: 1. All easements and rights-of-way in place or of record. 2. All oil, gas, or other mineral 1 , reservations, or exceptions of record. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. All zoning and other governmental rules and regulations. 5. General property taxes for 1999 and all subsequent years. 6. Lease in which Daniel H. Stromberger and Cindy L. stromberger are the Lessee,, recorded April 6, 1999, under Reception No. 2685068 of the Weld County, Colorado records. Reservation of Minerals. Grantor hereby expressly excepts and reserves unto himself and his heirs, personal representatives, and assigns, forever, an undivided twenty-five percent (25%) of all oil, gas, hydrocarbons, and other minerals and mineral rights located in, on, or under the surface of the Property, together with the right of ingress and egress, for the purpose of mining, drilling, exploring, operating, developing, and removing same. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable p ion of Grantee, his heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed warranty Deed the day and year first above written. HARRISON — — STATE OF COLORADO 9,. COUNTY OF WELD The oing instrument was acknowledged before me this 30th day of April, �r IG HARRISON. ALL' ;;,�y, LgyaNESS —'\ and official seal. m30Rlf0Ot t ire.: /h.200/ j' 4/.(,.. .'�� Notary Public OF'CM:.. (HELM 4/29.799) EXHIBIT "A" ATTACHED TO AND MADE A PART OP THE WARRANTY DEED BETWEEN CRAIG HARRISON ("GRANTOR") AND ED ORR ('GRANTEE") • LEGAL DESCRIPTION OP THE PROPERTY LL.Li-CY- That portion of the Rent Half of Section 19, Township 6 North, Range 66 West of the 6` P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the North-South centerline of said Section 19 as bearing North 02°48.06" West and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Southwest Quarter of said Section 19; thence along the North-South centerline of said Section 19 North 02°48.06" West 3502.60 feet to a point on the North bank of the No. 2 Canal; thence departing said North-South centerline and along said north bank the following four (4) courses and distances: North 82°11'57" West 18.94. feet; North 76°31.52" West 58.22 feet; North 64°31'59" West 656.27 feet; South 82°29.43" West 26.02 feet to the TRUE POINT OF BEGINNING; thence continuing along maid North bank the following thirty-five (35) courses and distances: 1) South 82°29.43" West 45.38 feet; 2) South 88°54'3S West II3.9W feet; 3) North 85'12'20' West 85.82 feet; 4) North 89°00'25" West 59.55 feet; 5) North B5°33'12" West 58.92 feet; 6) North 76°06'12" West 58.51 feet; 7) North 66°05'03" West 74.57 feet; 8) North 64°40'01" West 69.62 feet; 9) North 63.20.27' West 56.07 feet; 10) North 52°16'36" West 59.02 feet; 11) North 45°51'13" West 56.11 feet; 12) North 47.18'57' West 56.66 feet; 13) North 50°15'23" West 50.31 feet; 14) North 63°31'05" West 56.41 feet; 15) North 89°07'16" West 51.25 feet; 16) South 81°55'54' West 53.67 feet; 17) South 80°35.32" West 53.65 feet; 18) South 83°04'48' West 53.08 feet; 19) South 79'57'35' West 52.50 feet; 20) South 72°18'17" West 52.55 feet; 21) South 66°17.36" West 52.12 feet; 22) South 63°47.29" West 50.32 feet; 23) South 71'31'12" West 50.41 feat;. 24) South 85°24'51" West 52.38 feet; 25) North 81°51'19" West 54.01 feat; 26) North 73.05.11" West 111.41 feet; 27) North 76.32.44" West 50.88 feet; 28) South 88°25'44' West 60.07 feet; 29) South 63°51.53" West 55.63 feet; 30) South 42°21.02" West 54.50 feet; 31) South 34°0B'30' West 53.88 feet; 32) South 36°55'03" West 52.96 feet; 33) South 51°09.44' West 58.79 feet; 34) South 75'48'05" West 54.52 feet; 35) North 86"09'52' West 38.46 feet; thence departing said North bank South 00.31'25" West 1370.52 feet, more or less, to a point on the South line of the Northwest Quarter of said Section 19; thence along said South line North 87°00'24" East 1188.22 feet to the Northwest corner of the Bast Half of the Southwest Quarter of said Section 19; thence along the West line of said East Half South 00°02.30" East 969.29 feet; thence departing said East line North 87'00'24" East 808.03 feet; thence North 02°39'01" West 2227.06 feet to a point on the North bank of the No. 2 Canal and the TRUE POINT OF BEGINNING. Name and Address of Person Creating Newly Created Legal Description (Section 38-35-106.5, C.R.S.): Steven John Stencel Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 TOGETHER with all rights, title and interest in and to One Domestic Well and the Teller Place Well now owned by grantor strait Address: Street Address not Assigned, Windsor, Colorado 80550 111111111111MUM 111111IN EON HUM IIII 2691593 05/04/1999 04:13P Weld County CO 2 of 2 R 11.00 D 12.50 JA Suitt Taukasoto (RFMR 4/29/99) _ 2 - '4 1 a k. k 1 6ri `ul y.t �'9+ t 1 W„ tiri Ac. k a., yi;, r'r• c *Eyg ., _l, I STATE OF COLORADO E STATE OF COLORADO STATE F ILE NUMBER - i CERTIFICATE OF DEATH • • • 1. I.DECADENT"NAME?Fat sada LA so 3.SEA 1 DATE DI DEATH Imenrr1 Dn.Yw1 IE •ECE•ENr DONALD WINDER Hale September 7, 1992 •.seUAl3ECASel, PA ALE."II WA.UNOEPNEA0 Ac UNOEN I DA. •0•TE Or WAIN T.Dial MPLACLIC•r on,'Sirs s.anq^ NUmSER FInM.IDna) ILO •D,N Din • Plonk Dot 14.10UMIry) 521 48 3002 79 Jan 16, 1913 Windsor, Colorado I WAS DECEDENt EVES IN Sr PLACE OF DEM..ICA•.a n,•ra I US •FAMED FORCES, HOSPITAL. :OTHER OA.lie O1nMNw OERFOonl .oI 000* j XNunp Nowt O R ndnoT DOH.,Mona,' ' 50.FACILITY NAME Or not onneon.p.m won nen.nea B• C crrtioWN.OR LOCAIroN OF OLIN SA COUNTY Or DEATH Bonell Good Samaritan Center Greeley Weld is lee DECEDENTS USUAL OCCUPATION Too KIND OF EUSIMESSANDUSTRY II.MAPIIAt STATUS•mom II.SPOUSE III.'N.pro Awns.MIW I =' 10.•.•nfer.an vow oFA a•rel.m.vNM. •a..,M 1 .Wmed Derr len HP NISI .Farmer/Feeder Agriculture Harried Marie Aitergott 13.RESIDENCE.SIATE tab COUNTY 1.3c OTTTowN.OR LOCATION 1b.SIPEE I AND NUMBER ': Colorado Weld Windsor 12002 HWY #392 ei INSIDE 13121PCODE ASDECEDE NT OF HLSPANCOAIOINn If.RACE AIIwun 1t DECEDENTS EDUCATION'Saer•weMe—J I Y.LGOA IMTr31 • I1Sr.un 7...r.Ran.wyw�IF Later, BInAW NA..ICLbo1,1 y eats EM,.PWY W•NAnw, LL.. I ear ., IB PNwel 111 CMI•W IT 3mn•gn I•y IE.l I.; RNA 80550 $eeemr White 12 _ et .NAME Dent 50M.L•ll IA MOTrIANMAME Ont.swam.,East wane,n N•nFII II INroAMAn1.IAME an nombruNp go'Aron.. PARENTS G.B. Winder Anna Brunner Marie Winder (Wife) I,. SD METHOD ON DISPOST ION 20A MACE OF OISPOSFNON limn el CenWn n l•r .nMlIP et 20c.LOCATION.Cry cow.rt Sun. {_ ISP•ST•N RDi^MI OCn.•Iwn ORwro.wnm Sung Yr o DeNlan ODnwl3Mem Lakeview Cemetery Windsor, Colorado �Yr 214,SIGNATURE OF FUNERNL DIRECTOR OR PERSON OASSUCH II t NAME AND ADDRESS Of FACILITY. 1., �O Adamson Mortuary � LLj�o 0- 827 5th St. Greeley, Colorado zle E10631 D RED RA7 SIONAIVPE / II.DATE OILED'moon.DA II.•I D / A Depur September 10, 1992 E E•F O41H ).OA 0 45 2$.WAS ONES,NOTIFIED? MMn Paw .Ear M.CN0) A 11:55 ?Li " September 7, 1992 11:55 PM M No I. TO SE COH BRED ONLY B+ M CEPTIFTING YBICLAN TO St COMnETED ST CORONER C DE 1MIN Wl Eln Ol ••rq MN&•ra PWM 27..m•bat.a wM.yllI•ne NI^.••�Ignlan...n^Y� M�t¢uma M IN L CERTIFIES, Snla n, "/� , 774€77Syn•Mt. tie •. ...al via m F. M. GS _C lE S� SL DATE SIONF rl / SS.DATE SIGNED I"wm,On Yuri E iin D u -MA. NO Ali 50F CE RU KEA.CO1INS n•WPnnll I- a_ Michael Carey MD 1230 W. Ash Windsor, Colorado zlPl 80550 i 31.NAME OF ATTENDING MYTI:.IA M IF OTHERTHAN GEM 1E iE RITIMl^II '4---- (L[ • 32. NER Or DEATH 3Y INJURY DATE Or IY 33.TIME E O SIC INJURY Al ITC DESCRIBENOW INJURY OCCUAREO F INMm D Y YA INJURY R1 "'Cit.,P"'Cit., nF^ " Ova ON. Y S-- oAmM^I [CF W o�mmunn .. O ee• 134N IOW Wm. Wien. PLACE OF INRY+I . WY.Mv 1Y.lCCl1 KW a..aid M,wsOMANY RsrM NrnA.CR1.G.'AY.BM TAwe•4 Am TSMNIT o HMWw 3•.RAMtNATE DAM WAT(PO EGUSE'ER Lod Er L /De MO I yMno R6 Cap...,Cap...,Rs•...NH ^Y A.sOS.St •I Iwsrl w,rr G1n$E •F PAR"PAR" N' /'4. R`E A Y A��/'Gf L(((-L-" 7A Ins n •EATN CO IN WMIS DUf 00 A AIE 5EVU // 'r int, E EDMTE t15t ,DUE fo"AA RS'ACVNSiiJ CE �v� �M STATING1nE II U NCIAL YW D CAUSE E LAST NI ID C II• OTHER S OH1sIGM COMO111ONS,.os.' .v mnrrWUN a Msrn bun no.r•Mr•.Wuw w 33.aO.3Yl 36 IF VW...A ew Ara? C u rAR11WB.•NNIw�.wM.Mnm.a.mr•a w M • THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT F THE OFFICIAL REC D WHICH IS IN MY CUS1ODY. Aa1NpUTpJ1 ADRSte 1-60(Roy.F91) / � I„,„„„ `°._ .' !bp DATE ISSUED C/`/`'` � �< ,^ ��� - F`•C - Illlrif N �1�: :.1/ STATE REGISTRAR/LOCAL REGISTRAR F., 4A� �O�E\ V- CPA, rA100 September 10, 1992 Q, ``.`s.4 �r ✓' ', Do not accept. unless prepared on security paper with engraved border displaying the Colorado state gypp`j] 3 A seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-118, Colorado Revised I:), rn -R U O 4 Statutes. 1982.if any person alters, uses,attempts to use or furnishes to another for deceptive use any i dP ° vital statistics record. NOT VALID IF PHOTOCOPIED. ,,, �^„ FFhr_ • --k •s . ``II1F/_ AFFIDAVIT FOR PROPERTY HELD IN TRUST STATE OF COLORADO ) ss. COUNTY OF WELD The undersigned, being of lawful age, being first duly sworn, upon oath deposes and says: 1. This Affidavit relates to a trust. 2. The Trust Agreement which is the subject of this Affidavit is the: Marie Winder LOVING®TRUST, dated August 25, 1990. 3. The name and address of the trustee is: Marie Winder 12002 Highway 392 Greeley, CO 80631 4. The trustee is authorized to act on behalf of the trust in any acquisition, conveyance, encumbrance, lease, or other dealing with an interest in property in the name of the trust. This Affidavit is executed by all of the trustees of the trust, pursuant to Section 38-30- 166, C.R.S. MI O- C,L-c- 4/ACKii .0&2 Marie Winder, Trustee The foregoing instrument was subperibed and sworn to before me in the County of Weld, State of Colorado, this,g,arl day of April, 1999. Witness my hand and official seal. My c mmission expires: //75-2OO/ . 'SPRY,p94 ' DARELLA L. Notary Public �'• BLOCH ca..? C0��QQo EV/p80V1VANDERClosing Doa\ YidaM.Trustwpd AFFIDAVIT FOR PROPERTY HELD IN TRUST STATE OF COLORADO ) ss. COUNTY OF WELD The undersigned, being of lawful age, being first duly sworn, upon oath deposes and says: 1. This Affidavit relates to a trust. 2. The Trust Agreement which is the subject of this Affidavit is the: Donald Winder LOVING®TRUST. 3. The name and address of the trustee is: Marie Winder 12002 Highway 392 Greeley, CO 80631 4. The trustee is authorized to act on behalf of the trust in any acquisition, conveyance, encumbrance, lease, or other dealing with an interest in property in the name of the trust. This Affidavit is executed by all of the trustees of the trust, pursuant to Section 38-30- 166, C.R.S. 7 GLn d(tU Marie Winder, Trustee The foregoing instrument was subscribed and sworn to before me in the County of Weld, State of Colorado, this& day of April, 1999. Witness my hand and official seal. My co mission expires: r7/5-,290 / . Notary Public ;' , y DARELLA L. s o% : BL0CH so; la E:\Wp80M\WINDER\Glosinp.Docs4 t/kavitTntst2.wpd 11141�F�F..... .........oco 31111 111111 IM 11111104:,!ill IIIIIii III 11111311M 1111 s2 R 11.00 06 60(JR S 001 4kt 1P Weld County CO 1 of Ta kasoto 1 WARRANTY DEED THIS DERD, made this 30th day of April, 1999, by and between CRAIG 590 HARRISON ("Grantor") , and BOYD MEYER, whose mailing address is C.� 11940 Highway 392, Windsor, Colorado 80550, of the County of Weld, State of Colorado ("Grantee") . WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confine- unto- Grantee-, his- heirs-, personal representatives, and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described onExhibit •A"- attached hereto and incorporated herein by reference (the •Property") . TOGETHER, with all and singular the hereditaments and appurtenances l/) thereto belonging, or in anywise appertaining, and the reversion and t) thereto reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, 1A ..0--f ( either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. r V,1-- TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantee, his heirs, personal representatives, and assigns, forever. And Grantor, for himself and his heirs, personal representatives, and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the Property; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as herednafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, manta, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, except and subject to the following: 1. All easements and rights-of-way in place or of record. 2. All oil, gas, or other mineral 1 , reservations, or exceptions of record. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. All zoning and other governmental rules and regulations. 5. General property taxes- for 1493 and all subsequent years. 6. Lease in which Daniel H. Stromberger and Cindy L. Stromberger are the L , recorded April 6, 1999, under Reception No. 2685068 of the Weld County, Colorado records. Reservation of Minerals. Grantor hereby expressly excepts and reserves unto himself and his heirs, personal representatives, and assigns, forever, an undivided :fifty percent (50%) of all oil, gas, hydrocarbons, and other minerals and mineral rights located in, on, or under the surface of the Property, together with the right of ingress and egress, for the purpose of mining, drilling, exploring, operating, developing, and removing same. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, his heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executeWarranty Deed the day and year first above written. `_' HARRISON STATE OF COLORADO 9a. COUNTY OF WELD ongoing instrument was acknowledged before me this 30th day of A RY9/1 Y CRAIG HARRISON. WINE hand and official seal. OANE�: ■ on expires: //. /4, 720Q/ /Ni/ta .-/-- 11/4—, OF CO'� ' Notary Public f (HF&H 4/29/99) •` EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN CRAIG HARRISON ("GRANTOR") AND BOYD MEYER ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY WO- That portion of/Section 24, Township 6 North, Range 67 West of the 6C° P.M., County-at Werl& State- of Coiorada, and that portion of``Section IS, Tbwnship 6 North, Range 66 West of the 6t° P.M., County of Weld, Sspte of Colorado, being more particularly described as follows: Sere Considering the North line of the Northeast Quarter of said Section 19 as bearing South 89°03'04" West and with all bearings contained herein relative thereto: Beginning at the Northeast corner of said Section 24; thence along the North line of the Northeast Quarter of said Section 24 South 89°03'04" West 310.00 feet; thence departing said North line South 00°56'56" East 36.19 feet to a point on the Southerly right of way line of Colorado State Highway No. 392 and the TRUE POINT OF BEGINNING; thence departing said right of way line and continuing South 00°56'56" East 1436.31 feet to a point on the South Bank of the No. 2 Canal; thence Northwesterly along said canal the following four (4) courses and distances: North 66°47'56" West 167.00 feet; North 57°12'56" West. 142.50 feet; North 77°10'56" West 103.50 feet; North 49°59'56" West 135.64 feet; thence departing said bank South 00°21'34"- Neat 4034.46 feet, more or less, to a point on the South line of the Southeast Quarter of said Section 24; thence along said South line North 88°57'13" East 756.23 feet, nore or less, to the Southeast corner of said Section 24; thence along the F_tuit line of the Southeast Quarter of said Section 24 North 00°11'24" East: 2581.33 feet to the Northeast corner of the Southeast Quarter of said Section 24; thence along the North line of the Southwest Quarter of said Section 19 North 87°00'24" East 438.93 feet; thence departing said North line North 00°31'25" East 1370.52 feet, more or lees, to a point on the North bank of said Na. 2 Canal; thence along said North bank the following seven (7) coursee and distances: North 86°09'52" West 12.52 feet, North 74°06.10"' West 58.98 feet; North 71°03'46" West 54.53 feet; North 71°08'27" West 51.76 feet;. North 79°04.37" West 52.73 feet; South 86°57.03" West 52.66 feet; South 74°17'12" West 92.17 feet, more or lees, to a point on the approximate centerline of an existing access road; thence departing said North bank and along said approximate centerline of and existing access road North 21°13'42" West 20.90 feet and again North 00°11.17" East 1188.03 feet, more or less, to a point on the Southerly right of way line of said Colorado State Highway No. 392; thence along said Southerly right of way line South 89°04'12" West 60.26 feet, more or less, to a point on the East line of the Northeast Quarter of said Section 24; thence continuing along said Southerly right of way line South 87°54'30" West 309.29 feet, more or less, to the TRUE POINT OF BEGINNING. StreetAddress: 12000 and 12002 Hwy 392. Greeley CO 80611 _ Name and Addlress of Person Creating Newly Created Legal Description (Section 38-35 -106.5, C.R.S.) : Steven John Stencel Intermill Land Surveying 1301 North Cleveland Avenue Loveland, CO 80537 111111111111 'BED 1111111111 DIEM 11111HUB 2691590 05/04/15199 04:11P Weld County CO 2 of 2 R 11.00 CI 45.80 JA Suki Taukemota (HFBR 4/29/99) - 2 - SOIL SURVEY F. irAiii`Alsi:, 66 Yd. (lam/Ehw 2 L 'I �47 }„I 33 64 t pr' ,L 6 ` ! 32", -,, 4 ' AL 64 A ^L'! E. } •F �, .. 14‘ . . 52 (91 32 - , �jy� + 64 �...V \ fla \ • ,53e' '� i,, A ELOPEw'3i. �. / 3zAe. • 32HILL ) - ..ypuFTR 52 %,\-k - 8 32 fi. '''?ierk. . isto 1 , - St r t46 18 v , ,,,47C32 } 32Ifte 'y :3 /410 - 32 t4 16 V � � 11 w y s '•Art.-`��%r •.�t t 1 �.�A:` , • No. s 1 ki' , . ! 32 ,� if)/32 FCELCr �. :, �33 32 .. ` `` I / 3 , '�i 5U�SECT �, 3z k....� "y"- ; • 24 33 19 \ 32 + + 52 I -� Ni., `i I 47 , I 48 hi 47 �1. 4 32 t. iiii..:. ,...., . a 40 ± w_ 11s, 47 + , \-.1 „so - ... apz.t.77.1i, .• r: ,..,: c i ,.. ...,.. , . I _ 4. ....,. . ; \ � 4,4',. r ', • 1 53 ≥f.. 32 �� r.C $ 47 51 #: Y �l#y l.. �. y. is. '� . ' 1 0 _ �.__ - 46 - -R. 4 .� 4 ' 29 i 25 / • 3ds ((�''��\ 46 .^\ 31 a. 32 1 50 pip 32 9 : • : 7 larg .\ 47 V4 51 t. P / � 5 52/ EXH/I3IT Ls:,', if. 19 r 'OUDRE ,.. ...„:„,,,, .. „...,,L, c e POTENTIAL PRIME FARMLANDS • WELD COUNTY, COLORADO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE BOL MAP UNIT NAME ----- ---- ----- * 1 ALTVAN LOAM, 0 TO 1 PCT SLOPES * 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES * 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2* 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES * 9 ASCALON LOAM, 1 TO 3 PCT SLOPES * 11 BRESSER SANDY LOAM, 0 TO 1 PCT SLOPES * 12 BRESSER SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES 15 COLBY LOAM, 1 TO 3 PCT SLOPES * 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES * 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPES * 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES * 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAM, 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES * 30 JULESBURG SANDY LOAM, 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES 32 KIM LOAM, 1 TO 3 PCT SLOPES * 39 NUNN LOAM, 0 TO 1 PCT SLOPES * 40 NUNN LOAM, 1 TO 3 PCT SLOPES * 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES * 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 47 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES 50 OTERO SANDY LOAM, 0 TO 1 PCT SLOPES 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTERO SANDY LOAM, 3 TO 5 PCT SLOPES * 54 PAOLI LOAM,. 0 TO 1 PCT SLOPES * 55 PAOLI LOAM, 1 TO 3 PCT SLOPES 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 ULM CLAY LOAM, 3 TO 5 PCT SLOPES 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES * 78 WELD LOAM, 0 TO 1 PCT SLOPES * 79 WELD LOAM, 1 TO 3 PCT SLOPES * 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES 82 WILEY-COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 83 WILEY-COLBY COMPLEX, 3 TO 5 PCT SLOPES (more) 61 Hello