HomeMy WebLinkAbout972654.tiffPLANNED UNIT DEVELOPMENT
PLAN APPLICATION
JULY, 1997
for: Western Dairymen Cooperative, Inc.
12450 N. Washington Street
Thornton CO 80241
by: Pickett Engineering Company
822 7th Street, Suite 210
Greeley CO 80631
972654
PICKETT ENGINEERING COMPANY
210 Bank One Plaza, 822 7th Street, Greeley Co 80631
July 11, 1997
Mr. Todd Hodges
Weld County Planning
1400 N 17th Ave
Greeley CO 80631
Re: PUD Final Plan Western Dairymen Cooperative, Inc
PEC #95-052
Dear Todd:
Submitted along with this letter, on behalf of Western Dairymen Cooperative, Inc., is the
PUD Final Plan for their 52 -acre parcel fronting the north side of Colorado State Highway
119. The site is located in the north half of Section 10, Township 2 North, Range 68
West of the 6th Principal Meridian.
The zoning for the property which has been approved is C-3 (Commercial) and I-1
(Industrial) uses as listed in the Weld County Zoning Ordinance. This site is in a Planned
Unit Development Overlay District known as the 1-25 Mixed Use Development and
Activity Centers.
Please contact me if you have any questions or need additional information, and keep us
informed of your progress.
Very truly yours,
Pick Engineering Company
Arthur F. Ubrich, P.L.S.
enclosure
cc: Greg Yando
AU/bc
Phone 970/356-6362 • Fax 970/356-6486
972654
DEPARTMENT OF PLANNING SERVICES EXHIBIT "A"
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312
PLANNED UNIT DEVELOPMENT PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number
Zoning District
Date
Application Fee:
Receipt Number
Application Checked By: _
Planner Assigned to Case:
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures),
I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County
Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION:
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER: 1 3 1 3 1 0 0 0 0 0 6 3 (12 digit number found on Tax I.D. Information or obtained in
the Assessor's Office.
NAME OF PROPOSED PUD SUBDIVISION Western Dairymen Cooperative Inc.
EXISTINGZONING PUD W/C3, I-1 NO. OF PROPOSED LOTS
TOTAL AREA (ACRES) 55 LOT SIZE: AVERAGE 2 Ac • MINIMUM 1 1 Ar
UTILITIES: WATER: NAME Left Hand Water District
SEWER: NAME St. Vrain Sanitation District
GAS: NAME KIN Energy
PHONE: NAME U S West
ELECTRIC: NAME United Power
SCHOOL: NAME St. Vrain School District
FIRE: NAME Mountain View Fire District
DISTRICTS:
DESIGNER'S NAME
ADDRESS
ENGINEERS NAME Pickett Engineering Co.
ADDRESS 822 7th St., Suite 210, Greeley, CO
PHONE
PHONE
PHONE (970)356-6362 _
80631 PHONE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING:
NAME: Western Dairymen Cooperative, Inc. HOME TELEPHONE:
ADDRESS: 12450 N. Washington St.
Thornton, CO 80241 BUS.TELEPHONE: (303)451-0422
NAME: Greg Yando
ADDRESS:
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: Pickett Engineering Co.
ADDRESS:
OWNER(S)
RECORD IN
NAME:
ADDRESS:
NAME:
ADDRESS:
AND LESSEES OF MINERAL RIGHTS ON
THE WELD COUNTY ASSESSOR'S OFFICE:
J.P. Camenisch
Et. 4 !lox 159, I Qngmnnt rn Rf)5111
Amoco ProductionCo:
Denver, CO 80201-0800
Revised: 3-28-96
25
HOME TELEPHONE:
BUS.TELEPHONE:
HOME TELEPHONE:
BUS.TELEPHONE:(970)356-6362
OR UNDER THE SUBJECT PROPERTIES OF
- Mountain Fmoire Dairymen Assoc.
P Q Bnx 2F427
Salt Lakity. UT 84115
Signatthorized Agent
972654
FINAL PUD NARRATIVE
The 52 -Acre PUD fronting the south side of Colorado State Highway 119 consists of C-3
(Commercial) and I-1 (Industrial) uses as listed in the Weld County Zoning Ordinance. The
planning projected for the area includes commercial uses along Colorado Highway 119 and
industrial along the back row of lots away from the highway. The sole entrance to the site will be
located at the south highway right -of way centered on the north -south centerline of Section 10,
Township 2 North, Range 68 West, and the location of Weld County Road 7 1/2.
29 acres of private open space will be provided along Colorado Highway 119 and the west
portion of the site. Maintenance will be the responsibility of the Owners Association. An open
space greenway will be provided in the reclaimed gravel mining area which encompasses
approximately 18.5 Acres. In this area, walking trails will be established to provide access to the
ponds in the open space. In addition, a greenbelt buffer will be established along Highway 119,
constructed with berms and screening foliage to soften the visual effect of any buildings.
Western Dairymen Cooperative, Inc. PUD will be governed by private convenants, which will
address architectural style and design requirements, maintenance, fencing and signs will be
addressed in the convenants and PUD plan application stage. In general, the architectural style
will provide for open space interspersed with low-rise, conventional buildings with building
materials consisting mainly of brick, wood and masonry tastefully designed to be compatible with
the surroundings. Open storage can be located in rear of lot areas in order to utilize building
screening as well as fencing and/or trees and shrubbery. Open storage will be tastefully designed
to take advantage of the topography and natural environment. No residential units are proposed
with this PUD.
Water services of the PUD will be provided by the Left Hand Water District (see attached
statement). The internal water system was developed consistent with the Mountain View Fire
Protection District Regulations and approved by the Left Hand Water District.
Sanitary sewer service for the PUD will be provided by the St. Vrain Sanitation District (see
attached statement). The on -site system was designed and installed consistent with the
regulations of the District.
As required and as development occurs, site specific traffic analyses has been performed in
conjunction with the final PUD plan. Access road improvements to Colorado Highway 119 are
required by the Colorado Department of Highways and will be accomplished based upon the
anticipated traffic impact on the highway of the uses within the final PUD phase. The separate
off -site road improvements agreement will provide for detail the required improvements and the
installation thereof by the land owner of the PUD. Included with the Application is a detailed
traffic study performed by Gene Coppola, dated December 11, 1995 and a supplement in.
A certified list of property owners within 500 feet of the property was prepared by Weld County
Title and is attached.
A certified list of the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The source of such list shall be assembled from the
972654
records of the Weld County Clerk and Recorder, or from an ownership update derived from such
records of a title or abstract company or prepared by an attorney derived from such records.
A certified list of the names and addresses of mineral owners and leases of mineral owners on or
under the parcel was prepared by Weld County Title.
Utilities
Within Western Dairymen Cooperative, Inc. the utilities are provided by existing companies who
serve the area. All have committed to providing service for this development. Domestic and fire
protection water will be provided by Left Hand Water District. Gas service will be provided by
Public Service Company. Electrical power will be provided by United Power Company.
Telephone service will be provided by US West. Letters supporting that these utilities will
provide service have previously been submitted and are on record at Pickett Engineering
Company.
Financing
The project owners have determined that method of financing of this project will be through
guaranteed line of credit from a conventional lending institution.
Improvement Agreements
There are two Improvement Agreements contained in this submittal. The first Improvement
Agreement deals with improvements within the property, some of which are dedicated to Weld
County. This utilizes the public improvement form and can be found in Exhibit "G". The second
Improvement Agreement is an agreement to provide improvements to the off -site areas,
specifically improvements to State Highway 119. This Improvement Agreement can be found in
Exhibit "I".
Construction Schedule
Construction schedule will be dependent upon the approval plan. The owners and developers
propose to begin construction after sufficient buildout of Phase I warrants expansion to Phase H.
A more detailed construction schedule is provided in Exhibit "J".
Other Issues
In addition to the specific information outlined above, this submittal package also includes the
following exhibits and information:
Exhibit "A" -- Plan Application
Exhibit "B" -- Title Policy
Exhibit "C" -- Deed for Property
Exhibit "D" -- Weld County Treasurer Tax Certificate
Exhibit "E" -- Engineer's Certificate regarding design of the utilities.
Exhibit "F" -- Deed restrictions
Exhibit "G" -- Improvement Agreement
Exhibit "H" -- Offsite Road Agreement
Exhibit "I" -- Copy of the requested Right -of -Way Access Permit.
Exhibit "J" -- Affidavit of Interest and Property Owners within 500 feet
Exhibit "K" -- Affidavit of Interest of Owners of Mineral Estates on the property
Narrative, Page 2 of 2
972654
EXHIBIT "B"
COMMITMENT FOR TITLE INSURANCE
UNITED GENERAL
TITLE INSURANCE COMPANY
United General Title Insurance Company, a Louisiana Corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums charged therefore; all subject to the provisions
of Schedule A and B and to the Conditions and Stipulations hereto.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies commited for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies
commited for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault
of the Company.
In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this
instrument, including Commitment, Conditions and Stipulation attached, to become valid when Schedule A and
Schedule B have been attached hereto.
UNITED GENERAL TITLE INSURANCE COMPANY
ca-a3R.
President
Countersigned
I L. 77k v
Authorized Officer or Agent
This policy valid only if Schedules A and B are attached
ALTA Commitment -1966
UGT Form 1504
972654
CONDITIONS AND STIPULATIONS
I. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the
estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but
such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (a) to comply with the requirements hereof, or (b) to eliminated exceptions shown in Schedule B, or (c) to acquire or create
the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and
Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which
are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status
of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject
to the provisions of this Commitment.
STANDARD EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of
the Company.
I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.
2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
3. Any discrepancies, conflicts in boundary lines,encroachments,easements,measurements, variations in area or content, party walls and/
or other facts which a correct survey and/or a physical inspection of the premises would disclose.
4. Rights or claims of parties in possession not shown in the public records.
5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy
shall contain an additional exception which shall read as follow:
Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually
disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the
account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part thereof
unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the Insured (and
payment of the proper charges therefore), the Company's agent or approved attorney will search the public records subsequent to the date
of the policy and fumish the insured a continuation report showing such matters affecting title to the land as they have appeared in the public
records subsequent to the date of the policy or date of the last preceding continuation report, and if such continuation report shows
intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless
such matters as actually shown on such continuation report are removed from the public records by the insured.
972654E
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE A
1. Effective Date: AUGUST 15, 1996 @ 7:00 A. M. RE: Our Order No.: UP38113
2. Policy or Policies to be issued:
A. ALTA Owner's Policy Amount $TBD
Proposed Insured:
TO BE AGREED UPON
B. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple, and title thereto is
at the effective date hereof vested in:
MOUNTAIN EMPIRE DAIRYMEN'S ASSOCIATION, INC., A COLORADO CORPORATION NOW KNOWN
AS WESTERN DAIRYMEN'S COOPERATIVE, INC., A COLORADO CORPORATION
4. The land referred to in this Commitment is described as follows:
"SEE SCHEDULE A CONTINUED"
1
972654
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE A "CONTINUED"
RE: Our Order No.: UP38113
The Northwest 1/4 of the Northeast 1/4 of Section 10, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado, except that portion Deeded to
The Department of Highways by Deed recorded December 1, 1970 in Book 636 as
Reception NO. 1558219 described as follows:
Beginning at a point on the west property line, from which the NW corner of
Sec. 10, which bears N 86 ° 04' W, a distance of 1,320.0 feet;
1. Thence S 89°36' E a distance of 1,166.2 feet;
2. Thence S 8949' E a distance of 149.9 feet;
3. Thence N 83°03'30" E a distance of 201.6 feet;
4. Thence S 89°49' E a distance of 1,650.0 feet;
5. Thence N 84°28'15" E a distance of 251.2 feet;
6. Thence S 89°49' E a distance of 23.0 feet to the property line;
7. Thence N 45 39' E along the property line, a distance of 27.2 feet to the
south right of way line of S.H. 119 (Oct. 1969);
8. Thence S 89°55' E, along the south right of way line of S.H. 119 (Oct.
1969), a distance of 65.0 feet;
9. Thence N 0 ° 34' E a distance of 30.0 feet to the north line of Sec. 10;
10. Thence N 89°55' W, along the north line of Sec. 10, a distance of 3,522.7
feet to the NW corner of the NE1/4 of the NW1/4 of Sec. 10;
11. Thence S 0°49'30" W, along the west line of the NE1/4 of the NW1/4 of Sec.
10, a distance of 88.7 feet, more or less, to the point of beginning.
972f-.54
COMMITMENT FOR TITLE INSURANCE
* * * *
SCHEDULE B
Section 1
RE: Our Order No.: UP38113
REQUIREMENTS:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (c) The following instrument(s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit:
- 1. Warranty Deed from MOUNTAIN EMPIRE DAIRYMEN'S ASSOCIATION, INC., A COLORADO CORPORATION
NOW KNOW AS WESTERN DAIRYMEN'S COOPERATIVE, INC., A COLORADO CORPORATION to Grantees to
be Agreed Upon conveying the land described herein.
2. Dollar amount of Policy coverage must be provided to the Company.
The actual value of the estate or interest to be insured must be disclosed to the
Company, and subject to approval by the Company, entered as the amount of the policy to
be issued. Until the amount of the policy to be issued shall be determined and entered
as aforesaid, it is agreed that as between the Company, the applicant for this
commitment, and every person relying on this commitment, the Company cannot be required
to approve any such evaluation in excess of $100,000.00, and the total liability of the
Company on account of this commitment shall not exceed said amount.
2
972(54
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE B
Section 2
RE: Our Order No.: UP38113
EXCEPTIONS:
The policy or policies to be issued will contain exceptions for defects, liens,
encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the
date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this Commitment; and exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6. Taxes for the year 1996, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule B, Section 1.
7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township
lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,
recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273.
Reservation of AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER
HYDROCARBONS UNDERLYING SAID PREMISES FOR AND DURING THE NATURAL LIFETIME OF GRANTORS
as contained in instrument from J. P. CAMENISCH AND MARY M. CAMENISCHrecorded JULY 3,
1972 in BOOK 671 AS RECEPTION NO. 1592875, and any interests therein, assignments, or
conveyances thereof.
9. Oil and Gas Lease from DAVID E. CAMENISCH AND GLORIA F. CAMENISCH to AMOCO PRODUCTION
COMPANY, recorded AUGUST 16, 1972 in BOOK 674 as RECEPTION NO. 1595713, and any
interests therein, assignments or conveyances thereof. Said Lease extended by
AFFIDAVIT OF LEASE EXTENSION recorded FEBRUARY 10, 1976 in BOOK 759 as RECEPTION NO.
2680946.
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B-2 CONTINUED
UP38113
10. Right-of-way easement for PIPELINE purposes as granted to PANHANDLE EASTERN PIPE LINE
COMPANY, A DELAWARE CORPORATION by instrument recorded DECEMBER 17, 1975 in BOOK 755
AS RECEPTION NO. 1676951, said right-of-way easement not being specifically defined.
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- 4
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B-2 CONTINUED
UP38113
11. Easement for WATER PIPELINE purposes as granted to LEFT HAND WATER DISTRICT by
instrument recorded JULY 18, 1995 in BOOK 1502 AS RECEPTION NO. 2447098, said easement
being:
The West 1/2 of the Northeast 1/4 of Section 10, EXCEPTING THEREFROM: Beginning at a
point on the West property line, from which the Northwest corner of Section 10,
Township 2 North, Range 68 West bears North 86 ° 04' West, a distance of 1,320.00 feet;
thence South 89 ° 36' East, a distance of 1,166.20 feet; thence South 89°49' East, a
distance of 149.90 feet; thence North 83°03'30" East, a distance of 201.60 feet;
thence South 89°49' East, a distance of 1,650.00 feet; thence North 84°28'15" East, a
distance of 251.20 feet; thence South 89 49' East, a distance of 23.00 feet to the
property line; thence North 45°39' East, along the property line a distance of 27.20
feet to the South right of way line of State Highway 119 (Oct. 1969); thence South
89o55' East, along the South right of way line of State Highway 119 (Oct. 1969), a
distance of 65.00 feet; thence North 0°34' East, a distance of 30.00 feet to the North
line of Section 10; thence North 89 ° 55' West, along the North line of Section 10, a
distance of 3,522.70 feet to the Northwest corner of the Northeast 1/4 of the
Northwest 1/4 of Section 10; thence South 0°49'30" West, along the West line of the
Northeast 1/4 of the Northwest 1/4 of Section 10, a distance of 88.70 feet, more of
less, to the point of beginning, as conveyed to the Department of Highways, by
instrument recorded December 1, 1970 in Book 636 as Reception No. 1558219; ALSO
EXCEPTING THEREFROM; Beginning at a point on the West property line, from which the
Northwest corner of Section 10, bears North 86 ° 04' West, a distance of 1,320.00 feet;
thence South 89°36' East, a distance of 615.70 feet to the center of a 30.00 foot
access opening; thence continuing South 89°36' East, a distance of 550.50 feet; thence
South 89 49' East, a distance of 149.90 feet; thence North 83°03'30" East, a distance
of 110.90 feet to the center of a 30.00 foot access opening; thence continuing North
83o03'30" East, a distance of 90.70 feet; thence South 89°49' East, a distance of
63O0.00 feet to the center of a 30.00 foot access opening; thence continuing South
89o49' East, a distance of 529.00 feet to the center of a 30.00 foot access opening;
thence continuing South 89°49' East, a distance of 391.00 feet to the center of a
30.00 foot access opening; thence continuing South 89 ° 49' East, a distance of 100.00
feet; thence North 84°28'15" East, a distance of 251.20 feet; thence South 89° 49'
East, a distance of 23.00 feet to the Southeasterly property line, as conveyed to the
State Department of Highways, by instrument recorded December 1,1970 in book 636 as
Reception No. 1558220 ALSO EXCEPTING THEREFROM; Beginning at a point on the
Southeasterly property line, from which the Northeast corner of Section 10, bears
North 84°50'30" East a distance of 536.90 feet; thence North 89°49' West a distance of
23.00 feet; thence South 84°28'15" West a distance of 251.20 feet; thence North 89°49'
West a distance of 142.70 feet to the center of a 30.00 foot opening which is being
excepted from the access limitation; thence continuing North 89 ° 49' West a distance of
355.00 feet to the center of a 30.00 foot opening which is being excepted from this
access limitation; thence continuing North 89 ° 49' West a distance of 17.40 feet, more
or less, to the West property line, as conveyed to the State Department of Highways,
by instrument recorded February 8, 1974 in book 708 as Reception 1629889. ALSO
EXCEPTING THEREFROM; Beginning at a point on the West property line, from which the
Northwest corner of Section 10, bears North 86 ° 04' West, a distance of 1,320.00 feet;
thence South 89°36' East, a distance of 615.70 feet to the center of a 30.00 foot
opening which is being excepted from this access limitation; thence continuing South
89°36' East a distance of 550.50 feet; thence South 89°49' East a distance of 129.90
feet to the center of a 30.00 foot opening which is being excepted from this access
limitation; thence continuing South 89 ° 49' East a distance of 20.00 feet; thence North
CONTINUED NEXT PAGE
- 5
9'724=54
B-2 CONTINUED
UP38113
83°03'30" East a distance of 201.60 feet; thence South 89°49' East a distance of
630.00 feet to the center of a 30.00 foot opening which is being excepted from this
access limitation; thence continuing South 89 ° 49' East a distance of 504.90 feet, more
or less, to the East property line, as conveyed to the State Department of Highways,
by instrument recorded February 8, 1974, Reception No. 1629890, in Book 708; together
with the right of ingress and egress over Grantor's adjacent real property for the
purposes for which the above mentioned rights are granted. The easement hereby granted
shall be 20 feet in width, and the centerline shall be located across the above
descrbed real property as follows:
Commencing at the Northeast corner of the West one half of the Northeast quarter of
Section 10; thence along the North line of said Section 10, South 89° 50' West 26.09
feet; thence South 00°52'15" East 72.00 feet to the South right of way line of State
Highway #119 and the True Point of Beginning; thence continuing South 00°51'51" East
595.92 feet; thence South 07°50'53" West 876.33 feet; thence South 40°00'24" East
176.01 feet; thence South 00°01'52" West 966.00 feet to the South line of said West
one half of the Northeast quarter of Section 10, whence the Southeast corner of said
West one half of the Northeast quarter of Section 10, bears North 89°55'43" East 15.00
feet and termination of said centerline.
- 6
972654
UJ
sa.
a,n e+
Recorded al //7 C%ocmck.lef"rd DEC -11970 Ig
Receolion No. 15521.9ANN SPOrtLit Reber J
linctivcAllagnikalzstreresktits
Z{1hat 11, ata s, '?}
DEC -11910
J. P. CAkENISCH and MARY M. CAMENISCH
DAVID E. CAMENISCH 'and GLORIA F. CAMENISCH
me Grantor or Grantors.
of the and County of Boulder ,and State of Colorado
for and in consideration of the sum of TEN DOLLARS and other good and valuable considtronons to me smd Grantor or Granters
hond paid, the receipt whereof R hereby confessed and acknowledged, have granted, bargmne0, sol0 and conveyed, and py these
Oresents do hereby GRANT, BARGAIN, SELL AND CONVEY unto
The Department of Highways. State of Colorado,
Grantee, its successors and assigns forever, the following real property situate in the and County of Weld
and State of Colorado, to -wit:
A tract or parcel of land No. 40 Rev, of the State Department of Highways, Div-
ision of Highways, State of Colorado, Project No. S SU 0072(2) Sec. 2 containing 6.339
acres, more or less, in the Nk of the N1 of Section 10, Township 2 North, Range 68 West,
of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel being
more particularly described as follows:
)c
'Beginning at a point on the west property line, from which the NW corner of Sec.
10, t.-2 NV-. -11r-68-W: bears N. 86° 04' W., a distance of 1,320.0 feet;
1. Thence S. 89° 36' E. a distance of 1,166.2 feet;
2. Thence S.-89° 49' E. a distance of 149.9 feet;
3. Thence N. 'S3° 03' 30" E. a distance of 201.6 feet;
4: Thence,S. 84'".49' E. a distance of 1,650.0 feet;
5. Tbe'lce Ns 84° 38' 15" E. a distance of 251.2 feet;
6. Thence S. 89' 49' E. a distance of 23.0 feet to the property line;
7. '\TNeeca N. 45° 39' E., along the property line, a distance of 27.2 feet to
=Lbe south right of'way line of S.H. 119 (Oct. 1969);
Th59ce 5. 89° 55' E., along the south right of way line of S.H. 119 (Oct.
1969), a distance of 65.0 feet;
9. Thence N. 0° 34' E. a distance of 30.0 feet to the north line of Sec. 10;
10. Thence N. 89° 55' W„ along the north line of Sec. 10, a distance of 3,522.7
feet Co the NW corner of the NE% of the NWl of Sec. 10;
11. Thence 5. 0° 49' 30" W., along the west line of•the NE} of the NW% of Sec.
10, a distance of 88.7 feet, more or less, to the point of beginning.A.
The above described parcel contains 6.339 acres, more or less, of which 2.448
acres are in the right of way of the present road.
David E. Camenisch and Gloria F. Camenisch join in this conveyance to cnnvey any
interest they now have of may hereafter acquire by reason of an unrecorded contract of
sale in which J. P. Camenisch and Mary M. Camenisch are the sellers, and David E.
Camenisch and Gloria F. Camenisch are the purchasers.
Reserving unto the grantors all coal, all, gal and other hydrocarbons
end other valuable minerals in and under said premises; provided, however,
hereby covenant and agree that the grantee shall forever have the right
without payment of further compensation to the grantor a, any end all sand,
rock, and other road building materials found in or upon said Parcel No.
and all clay
and the grantors
to take and use,
gravel, earth,
40 Rev,
The grantors further covenant end agree that no exploration for, or development of
any of the products hereby reserved will ever be conducted on or from the surface of the
premise. hereinebove described, and that in the event any of such operations may hereafter
be carried on beneath the surface of said premises, the grantors shall perform no act which
may impair the subsurface or lateral support of said premises. This reservation and the
covenants and agreements hereunder, shell inure to and be binding upon the grantot a and
theirheirs, personal and legal representatives, successors and assigns forever.
I
972654
•BOOK Recorded at�3 i1JUL -;1 1972
671.o'clock M.,
Reception No 1592875 ANN SBOMEA Recorder.
J. P. CAMENISCH and MARYAMENISCH,
whose address is Route 4, Longmont,
County of Weld , State of
Colorado , for the consideration of EIGHTY
THOUSAND AND no/100
dollars, in hand paid, hereby sell (s) and convey(s) to
DAVID E. CAMENISCH and GLORIA F. CAMENISCH,
in joint tenancy,
whose address is Route 4, Longmont
Weld
, and State of Colorado,
County of Weld
State DJYILme3t i9'72 e
Date Q/4/y
$ O •(la
County of
the following real property in the
, and State of Colorado, to wit:
The west half (W) of the northeast quarter (NE;)
of section 10, township 2 north, range 68 west of the
6th P. M., EXCEPT rights of way as conveyed by deeds
recorded in Book 270, page 486, and in Book 1358, page
46; easement as granted by Instrument recorded in
Book 1358, page 47, and except parcel of land as con-
veyed by Deed recorded under Reception No. 1558219, in
Book 636, Weld County, Colorado records;
BUT TOGETHER WITH all ditch and water rights apper-
taining Lo said premises including two and one-half (2')
shares of the capital stock of The Rural Ditch Company;
RESERVING, however, to the grantors an undivided
one-half interest in and to all oil, gas and other hydro-
carbons underlying said premises for and during the
natural lifetime of grantors.
with all its appurtenances, and warrant(s) the title to the same, subject to any lien by
reason of the inclusion of said premises in the Northern Colorado
Water Conservancy District, the Longmont Soil Conservation District,
and the Longmont Fire Protection District.
Signed this 1st
day of JI ne .1972 .
STATE OF COLORADO,
County of Boulder,
The foregoing instrument was acknowledged before me this 30th
dag,pf June ,1972 ,by J. P. CAMENISCH and MARY M. CAMENISCH.
amen h -�vZ
are g, -Camenl
i
cv-n-Zskai-a-ev44:1
Iss.
mission expires July 14th, 1975.
stfly hand and official seal.
• p
r`.' ✓3L\C.: o'lf
9..
ash :l✓
P:vIYTry Aoknn,okdemee:. Ir by natural vermin or pennon here Insert mune on names; If by person soling In retiree ((((( Ivo or
Cart
capacity ar ne nllnrney-Iodncl thou Ti."''' nnmo of ry tar utonnY-In-loft or ether w Ily er dmap•
tlon; If by naming I e( cerponllon then Insert me of nob oiliest or affl en a. Ne proelEenl or ea,er of(Inn of rush wn potation It.
Na. 999. Wnontr peer —shun rorm—ne,.'teddy.0.rt.n.Uri—nMf,N?Within.Co..19r4U Maul at,.rl O.aone. G.t..uL_l.ep
-f8
9'726.4
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In
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0
ed
C
it
1 1
ti
accJ(' G74
", AUG 197?
gn[erdwd s� meaty M
_J _._Ann Srom«. Petard." 1•rnrrl
OIL, G. IS AND tvI�NiPtAL1Z lJ 0115 _
rcr nr.rlr vh. 6th ..._....day of _ .JulyIn 72, between
David E. Camenisch and .wife, _...Gloria .k'... Camenisch
Route gas lox160,_.Longmont,...Color.acb..
Lessor (whether one or morel. nod_..... Amoco_Production. .Company
Lessee. IVITNESSFTt I:
1. Lessor In consideration of — —_ Ten- and More . Dollars
kS 10,00 Lessee 1. in hand pa id. ref the rna:turn herein provldM, and of the agreement of Lessee herein onlnmed. hereby VIM'S. leases and leis
wr isisic e purpose of Investigating. exploring. Ir parting. drling and lining for and prodducing oil, eother t hydrocarons and.
ithout gtrIction to such enumerated minerals. all other minerals ......ether similar or dl nsimlim to those partieula rly specified ereto laying pipelines.
budding tanks. power stations, telephone Mimi and other structures thereon to product save, take care of. trent, transport and own said products, and
haring Its employees. the following described land In. (IC ld County. Colorado, to-wIL
West Half of the Northeast (W/2 NE/4)
of Sectl 10 Township 2 North Rome 68 1lost 6th P M
In adritilonto the land above described,Lessor hereby grants. leases and lets Ir unto Lessee to the same extent as If specifically
described hereto all tands owned elanned1 1.: 1i1 ...fin:cent. I to or form a part of h lands 1 particularly lea i1 1 1 II II. Van. other hydrocarbons II other minerolsiy k roads, twit -Mel II, and rights -of -way which traverse or
'Ir Ina f I
mils
1or ul trivolent plialinfri. litelaild1 i d Within 1 thin tease shall be deemed to contain- 80
i 1 t 1 n herein i. t than he for tern, of N years ream this rlcalled • •Vrisnars term": and as ;IOW
l .. r.,m. r 'v o , cos. oilier ns' ph...Obeli, r,,bel,. „oils, lie -:I Ia mt ra 1 from whet land hereunder, or drilling or reworking operations are conducted
l TIro.rshies in In. paid by ar9P fat MI nil.iglit of that produced 1 twed from said land Ire same to he delivered nl the
h r h e .mr[lu:e ng iShighY all In Ile
1 `I I Y t I J ' II ! ell fi ll 1 1 1 II del of 1 h hl q o rlvling rn lots Ills eft n
h s Isl' t ' Ile 11 1 et Id Snell off 1 the manufacture r s,lie a other lhtho fsll rfefuro r vIk t II -.I :l ( 1 ,Ch orlprOVIII, hu 11 Ith s kl„rl that ell Vold al thewells
the ike .vet royally lninleh nl one -eighth
alde[Il , amount
l: II 1 ll 111aponpilans PI. Pounder,l. paid th
Ih.1 i ll1 fe l II g' c 1 I' 1 wale I Id I nl excels s
royalty scr II I n s s'k: 11 1computed alter deducting continue
a In e o 11 well
I e s I I I on 11 I described land and Is shut 1 this lease shall h e In effect for 'l period capable
vrr Tint commenred nrsald t rl ns hereln.ofter t'rnvldr 1 on r r before one year from this dale. the lease shall then
Longmont Nationa,M of Longmont Color ado (whim bank and Its smeceeaon are ee..n.'. agent
and shay raanaudee e as ore p...tory for all rentals payablehereunder rewardlase nr crane, In ownership of salt land or the rentals either by conveyance
b'= I, ft_. n. f Eighty and No/100
s 80 00 eallod runtall. which Shell enyer the e,rivliege of delnrIng commencement eanent of n,emunna Mr drilling for a period of
mun:In.11.k anti (Weil like t sty t 1[m ' ent at iterations for drilling may lye further deferred
s ashditty coal...,r•„sip-pestling r . -1 grip it 1 Ie n an ur nt offs f red to Y I , ede In cr rrr'ol
,...... ,r check b any nml office. I 1, reds.. 1 me Lns:a. o. 'old
1 Lessor(III,' II.,sser 11 pinker ilihriklIg another bank agerii1 teeelve su'hlaY.
1 'I K 11 -II 1 II 1.1 sea
li t 1 r r the
I J 1 1 l i r lee h is
reduced
by , r
• sas •s .. .t - I r t ,rrl , 1 I I I r ml nhl gal n,la
- ac.l he . ,.e ai use gr rr,yeree rasa as h, use
. e-'— y sea neuter 1 r nort
pies. ,,1 TIO4 Iair ai end r '1shah
.rasa ,aro 11 1 o-r,ar,
1. n ell III piny
rl"WhetherII 1 rl I, Ile
II 1 1 1 I 1 l 1 1 1 1'I I.eaar'
1 t 1 I 1 I 11 + 1 I nisei a than 1lr
ine 1 Less, 1laVnietit rpr dripped? hell been l caller ,nl hem a, [h Ise1 1fa V 1.1 n e e r bar payment shalt 1,`el of Irherlr
a t e ,k• I r l 1. rrh e a r n n d IY nnY rin<ua a 1. anti olhrr r dr li e sea ea
V hnr:l•I'ny well dui Ihevapses, ,h.s.rlhed land,(,, • the primal v heals Iref.:r nrinrllnr nlrinlnerl be
II ea lid either r! :'Vr 1 a for drilling t knee. Shrank!
g I' 1 11 f 1a nR additional its ll e,e the [nth aenrsvllrrr
1 , I I d ...la 1 before1 (I I paying t,s I' fill g the [leaaa l m is 1l rrrl , inn
k 'Il . 11 1 d ,hell I
Iardi\(h.,iikersis it anal lest- lret pipe .r Is,rlyear ne e. Icllke pritikary terns antill.rl the II of oil. ntl,er hydrocariums Ott 'aidlnr,rl
•
eelship pep pshl•1. [e jig Mir,' .or rewutkingr rn I f hr
1 I I h II 111 II 11 tl I! 11111 I. r':Il
1 'I 11 1 1 11 1 A I a
1 Without •••••••ill.nk pp, l iillyS,;- vl IIon , '( a en
slantsir than le 11 lr:llr llrin rev klg rer.11rnn.rr rnrlw 1, rn Ilan rl a, rl, vdrlll.
'sty .ev
1 1 nlsP've a, l les ees nbl selnrt, 11 pal I Ie lnnisi,r! rl
1 l 1 I s Irrler,♦
•1I •' 1 II 1 I 1 ! 1 Y nel.I I : II. 1 nisi,
Teri • I 1 1 ly I •
a., 1 1., rOPII '1 ' II 1, 11 1 I1. I Irrrl
n:l 1 e 1 I 11 II •r
pea pet.f.ppepel 11 t 11 mote
ill 11 f l 11 1 I 1.: I II
There,' i ,ltd II'lll Ile Irh 111 Welling 11111 sell In Saelers Visa heen, rl el lr Nor.
Aral .trill n r iere •' pooled' hilt, , rrl shall n Inha led for :II I, rlr r, a 'pl lhr 1'.r . r.l
el,r.rarl•, ra the r prtylo Ili a1 ell r 1:.'e tlir s. rine ,I'1 Ilrr
11 p, 1 h ! r if re„ ee 1 rr Inn
IY 1 11 'rile II I �alr, •1e r s ore 1 ankh
Ilse, a
In. ,
r 1 n a v ,
1 ... r I., IIr lrl flu.SeVreed lv likes leash.
Ike PrI,t I1 ssl fn rl it art , rat. Sr
rooror..,,,,or, or a, rl , rr ,
r 'rr•.,I.r.ni.e.
i 5k, -m r•,rri I „I lira
•unit 1 11 I I 1elirlieefie there°,but rrl 1 it,? unit ial ' ll in no oven: rrry •'I
d 1nnii. th 'sal t,,ller.nl Irrlateller el lrhet
al trrl'r
e•si (ellen,* i ',ling r rrrl the
arrt ,1,,I` ol.ri rlrrl,rr serf rsrlllrlrshah'(,
l rnr;: lseIherrorrah, ur „i,a ol,l, oriel. u'nllir:aa ,.elei ee,eer.,l
II 1.111 hr's
pm. doom, le
• lel illillietily L skellIkrept
fit:lr is, d''vi-1 alMTh ai of els.,Is Ira till ha.
lrl rr wltl, I lite ,l III I Inl
nn , rlrrl
e l'Lori nl dr.'s arts 1, Il r r l h. l a. hl
1, , r, eVilrr o
1.1PrValillit
�tlrl IHed l r reel
.leri 1 it II r I
11'r'rve.I by a• r r v In Il Ise a roll! I Ir velar ,n nl, , •n • i y I.r.vr n,1
M I 'hill l.r I 1 r l r
r ,
r e
s m 1 II II tl All ' V p.•.TIFF,II •I11 , 11. rflmaud he rtl•erinl
Ilrr sari 1 I Ir
I 1 This rase I. irtielVe IPII lr Irrly
8O operations shall he conducted on leased land between Apr.:il, 1st.
anl.i 1 7 lovr-rrribr-.r . sL. .-,?.rhos L written consent of Les nor
6oS-673 -4
9726$,4
e>=D0K 674 1/SJZZ46 1595'712
roars of either parry hereunder y be i heir red In part. and the provisions hereof shall extend to the heirs successors and
it I purerr 1 change division hip of the land. raffia II nil Y Ill a ' 1 d, shall operate m entailer the
_ L. N. 1 U ownership of I t eat th .In ! 11 be binding Lessee until Lessee shall
fur noshed II- cerlIfied Crnly nf all termfled InsTruments court proceedingsrind all other necessary evidence oftoy transfer. inheritance. or sale
of seal rubor. t of the - g - t d portion of sold U the rentals payable hereunder shrill be apportionable among
assignment of Ul. l:, t
and default It rental payment by shall not affect Hie rights of other lease -
held r:.sseveral hereunder. subsequent n owners n ste p s ten"f lease II r wbnlr nil WtV t L ssee shalt be rtllnvetl oI all abllg ttloro with respect b Ilse naslBneU pail
r mile _r In« llr x press Implieto saoe date of lease n mail.
In. All express or Id, netl rn it t" lease Mail he su nlr<t to da a Federal and ure tExecutive wi Orders.Ifco Alias e s prevented
rated. rid rthis
ouch shall net be terminated, of. oe whole ail . Order.
or 1 r.... • t ....or - maeee, for failure an tocomply therewith. If n compliance la p s. in by. billy If
o
<a (allure it .he iiur ill t!. any such Law. or
r oche Rule or Regulation, atrop se by an art of God. of the public enemy. labor disputes. inability to
obtainmaterial.I. 'liCohere trhportnlen, other cause beyond the control ::nice.
irs or '' during the term of o lama oil nil n other out Int is S.e or other . lase s to l nevertheless
moronb the leased sa premises, but Lessee a Prevented
producing n the ced e byreason seoIs theany of causes men a nil.
the other
yd lave hall rev tr mina be consideredsato as producing nntl shall continue
t full era In and angler until es tie b permitted to produce the iln gas, hYd elsew or other I prow and na long thereafter n such production
<on rapes In Lesser
quantities of dnd 1age reworking ndheetitUnm a and and as elsewhere Lessee serela pts ptio.
IL Lrs+nr hereby t e inn n d agrrri ro rt.end Ihr even to lard land aoti ttent bgnt at s t mwi discharge ernmortgage
apply I en rrpa saki land.it warrants
to and
n in owl. nntl lln sfy pg s ante. aorta so, Impairment
shall t f Less:', to such er with the sly vent onnf
tort 0. is am std l that ' if Lessor, accruing an interest toward
solsatisfying
lasnd Mess nihan the anti a fee estate. Lessee's
them under the warranty in event rof failure ll
he reducedgnrnnnrunnately. w an °^ simple rornloes and rentals pto be paid eenor snap
Ail of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto. their helm, administrators. successors and
parties.
This agreement shall be binding on each of the above named parties who sign the same, refine
IS WITNESS WHEREOF. this Instrument Is executed on the date first above written.
WITNESSES:
Chandler Weaver
e of whether it is signed by any of the other
STATE OF COLORADO,
P<r- �.z.� o,p�-�- /e 55.
County of 9
The foregoing instrument was acknowledged before me this ,3Oz/i
Colorado Acknowledgment
day of
.....�,�- A.D.. 19 72 by
• v.J.Pi
\\OTAR y '` r".
t
j/' s '• ty`Mr'vl• and'stfficial teal:
cIll r Mt tprbr+.:- oLci`lfet
Chandler Weaver
J SS.
/ �•�:.f-fit,
Peeertd‘regelhiej
Notary Public.
STATI'. OF COLORADO,
Colorado Acknowledgment
intro.—.rn: .';i minrril.dwrd before me the, day of
A.U., 19 hy_
Wont, my hand anti (official seal:
Sly mnnnrner n ctpiu's
Notary Public.
O
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Q
In
O
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..
O
O
County, Col...41
STATE OF CO
972654
eooR 636
TOGETHER with all and singular Ine hereditaments and appurtenances thereunto belonging, or in anywise appertaining, cat the rever-
s,cn and reversions, remainder and remainder; rents, issues and profits thereof; and all the estate, right, bile, interest, atoim and demand
whatsoever of 'he said Grantor or Grantors, either in low or equity, of, in and to the above bargained premises, with the hereditameres and the
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said Grantee and
its successors and assigns Idever. And the said Granter or Grantors, for themselves, then heirs, executors and administrators, do covenant,
grant, bargain and agree to and with the said Grantee and AS Successors and assigns, that al the time of the execution and delivery at
'nett presents, they were well seized of the premises above conveyed, as of good,sure, perlect,absolute and indefeasible estate of inheritance,
,n tow, in Fee Simple, and had good right, lull power and lawful authority to grant, bargain, sell and convey the same in the manrerord
rim ofareso,d, that the some are free and clear from on other grants, [ordains, sates, bens, taxes,assessmeres and encumbrances of what-
ever kind at nature soever, by, through or under the Grantor or Grantors; that the said Grantor Of Grantors will WARRANT AND
'OREVER DEFEND the above bargained premises in the quiet and peaceable possession of the said Grantee, and its successors
and assigns, against all and eve, y pe ,an Cr persons law rutty claiming or to claim the whole or any part thereof, by, through or under
•.e said Grantor or Grantors.
IN WITNESS WHEREOF, the said Grantor or Grantors have hereunto set their nands this .Z T'1 day of
/y/o✓rubs✓ ,AD.,t970
;rind in the presence of
cz t L-:.e(
J. P. CAMENISCH _ t
•
HART H, CAHENISCH
r.
DAVID E. CAMENISCH
t_.
STATE OF .. CI'.kra io ... _..._. GLORIA F. CAMENISCH
.. and County of
} SS.
..
trnt' ur i in 4ailument was acknowledged before me this_1? Iday of AI ✓ e.• b Ig 70
q J.'R;_ I H, ARY M. CAHENISCH, DAVID E. CAItENISCH and GLORIA FL CAMENISCH
7rsr. SenkAtlYtd•enkflicial Seal,
•. o........: ,w
Mr4 naystgp 44 pis:I tS= a. ; L:,:, . ,at `y `
.TATE nr_ . .
Ss
_and County of
Tne lore going instrument was acknowledged betare me ih:s day of
WITNESS my hand and 0!ficiol Seal,
My Commission Expires:
IJSN219
[ppQJ._--
r pp0,l[4T_S SU 0072(a See. 2
LOCATION Longmont - East
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972654
0OO4
e5S+
Recorded at ...p o'clock ...t/> _ FED 10 '1976
, Rec., No. .3,68.SJ.J.x6
5. Lee Shellac, Jr., Recorder
L""
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Unit - David E. Camenisch
Land II 614894
Acct. JI Annnn7_1
AFFIDAVIT OF LEASE EXTENSION
Property 7l 605673-A
Name - David E. Camenisch, et. ux.
W. C. Liles, of lawful age, being duly sworn on his oath, states that
he is the Denver Division Administrative Manager - Producing of Amoco
Production Company, a Delaware Croporation, authorized to conduct business
in the State of Colorado and that he is authorized to make this Affidavit
on behalf of said corporation; and that:
1. Amoco Production Company is the owner of an interest is the
following described oil and gas lease, covering lands in Weld
County, State of Colorado:
Lessor: David E. Camenisch, et. ux.
Lessee: Amoco Production Company
Effective Date: 7-8-72
Filed and Recorded: 8-16-72, Book 674, Rec. No. 1595713
insofar as said lease covers the following described lands in said County
and State, to -wit:
Township 2 North, Range 68 West, 6th P.M.
Section 10: W/2 NE/4 containing 80 acres, more or less
2. The above lease is for a term of five years from the effective
date thereof and as long thereafter as oil and/or gas is produced from the
said land.
3. A producing gas
well has been completed on the above described
lands on 12-31-75 in the Muddy "J" sand and is presently
shut in waiting connection.
#9
972,C54
vsdies 972654
168094(;
4. This Affidavit is made in compliance with the provisions of Section
38-42-106, Colorado Revised Statutes 1973, and is for the prupose of giving
notice that the above described lease is extended beyond its primary or
definite term.
IN WITNESS WHEREOF, this instrument is executed the .2 day of
, 1974_.. /.
STATE OF COLORADO
) SS.
CITY AND COUNTY OF DENVER )
• W. G. Liles
SUBSCRIBED AND SWORN to before me by W. G. Liles this
�G�-tiny , 197 6.
My Commission Expires:
is/r/77
COLORADO
STATE OF COLORADO)
) SS.
COUNTY OF DENVER )
,ei ' "• dayj
c-21 7' c2
n°
17
Uil
Ngfary Public .4,:'••.....
„. �', 010a
The foregoing instrument was acknowledged before me this .'•' Hue-..
of ,�J(iLi9Z�ri/l , 197.
My Commission Expires:
u
vat-
No4try Public
V
97 •654
C.a
�K 755 Rend or ayo o'clock �?___'^_DEG_.1.21975
Pt • "" No 1676951
Ler Show* Jr Recorder COLOR
Right -of -Way Grant -4i
KNOW ALL MEN BY THESE PRESENTS, that AVID L. CANQ71SCH AND GLORIA F. G1M6N13Q1 husband
and wife
of the Poet Office of Longmont
'"' hereinafter referred to as " , in the State of Colorado
.t,"Grantor" (whether one or marl, in consideration of One Dollar (j1.00), to [hem
.0 g 15.00O� , in hand paid, receipt of which is hereby acknowledged.
r• hereby per linear rod, to be paid before the first pipe line hereinafter specified is laid c«s�q�Ha° of
.O grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware C
'"f office in Kansas City. Missouri, its successors and assigns, hereinafter refereed to as "Grease,"
• Right -of -Way
having so
lay, construct, maintain, lower, inspect. repair,Graean," a remove • pip. h s • anaa®ter r ii replace, relocate, , pipe line machange the size of, launchers,
and • pipe Ilan
o equipment, test leads, and all _ appurtenances ce convenient miskadames t for the maintenance k,and operation said lines tied for the
transportation of oil, gas, or other substances therein, under, on, over and through the premises hereafter described,
o and
the Grantee is granted the right of ingress and egress, to, on, from and over the following described premisesfor
purposes aforementioned in the Comity of weld
The West Half of the Northeast Quarter, and the or in the State of Colorado, unlit:
t_
Quarter, and the South Half of the Southeast pun tr errofofeSecction•n ten (10), Township
two (2) North, of, of Range -Slight, uyownolop
� except existing rights -of -way i and eas�ntslaet of the 6th P.N., Weld County
, Colorado,
Said pipe line Right -of -Way shall be 50 feet in width, and shall be constructed as
presently surveyed.
As further consideration for the execution of this Grant, Grantee shall compact backfill
over the ditch by water packing same, provided, however, Grantors or its tenant will
supply water in ditch at a point designated by Grantee, its contractor or agents.
TO HAVE AND TO HOLD said easements, rights, and right-of-way unto the said PANHANDLE EASTERN PIPE
LINE COMPANY, its successors and assigns,
•
liallizier
taintizenlinninaliniallainallincenballitil
errasiblinardiande mum of c e . tar shallow construct or placenyth aingover or so cleo°e'toit eanpipeline or othlaer facility
of Grantee as will be likely to interfere with Grantee's surveillance of or access thereto by use of equipment or weans
customarily employed in the surveillance of or maintenance of pipe lines nor intentionally cause the original cover
over any pipe line to be reduced below whichever is the greater of a minimum cover of two (2) feet or below the mini-
mum cover required at any time by any applicable pipe line safety code. All damags to growing crops, drainage tile
and fence* of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be nabs -
wised and operated by Grantee shall he paid by Grantee titer the damage is done, said damage, if not mutually agreed
upon, to be ascertained and determined by three disinterested persons, one to he appointed by the Grantor,one to be
shall be final end conclusive.
appointed by the Grantee, and the third to be chosen by the two so appointed. The written award of snob three persons
Grantee agrees that should a crop deficiency occur as a result of 'the construction of
said pipelines the Grantee will pay such deficiency each year it exists for a period
not to exceed three (3) years, commencing with the crop of 1977. Provided, however,
Grantors or their tenant notifies Grantee in writing, at the local field office, at
least fourteen (14) days prior to harveuting said crop in order that Grantee's agent
may view said crop deficienc-
Payment of all moneys becoming due hereunder may be paid to David C. Camenisch and Gloria F.
Camenlsch at lit. 4, box 160 Longmont. engaratt, Colorado 80501
This Grant shall be binding upon the heirs, executors, administrators, successors, and assigan of the parties
hereto, and all rights herein granted, or any of them separately, may be released or assigned In whole or in punt. It is
understood that this Gent cannot be changed in any way except in writing, signed by the Grantor sad • duly entborised
agent of the Grantee.
This instrument prepared by C. x Rauw° TTl'
Missouri 64141. P. 0. Box 1348. Kaunas City,
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals this
day of Deotamber
, A.D., 19 73
4th
972654
°"°1'755
ACKNOWLEDGMENT FOR HUSBAND AND WIFE
STATE OF COLORADO
COUNTY OF WELD
The f F gedi ftiaytrumenl was acknowledged before me this 4th
'NN . a.y a .�.c�o•r 7s
by 1 usvl TB'•.CsmsniscA 19
A �. ♦ and Cl oris F. Catwnlsch
,gyp
,a. AU fi'�.
1t7ir'
Rot
My Cormtbifbm•ekpues: Jn.,� S 72 rr
•
xs rot
ESTHER £. WARS
ACKNOWLEDGMENT FOR INDIVIDUAL
STATE OF COLORADO =
)es:
COUNTY OF )
The foregoing instrument was acknowledged before me this
, day of
by
My Commission expires:
STATE OF COLORADO
COUNTY OF
) as.
ACKNOWLEDGMENT FOR CORPORATION
The foregoing instrument was acknowledged before me this
by
of
corporation, on behalf, of the corporation.
My Commission expires:
rl
M
N
N Y I !
a
w
g
COTMT Ins LOC
. day of 19•__,
NOTARY rat
9'721151
AHe447U9ii
-
I
WATERLINE EASEMENT
TO
LEFT RAND WATER DISTRICT
KNOW ALL MEN BY THESE PRESENTS, that Mountain Empire Dairymen's
Association, Inc., nor known as Western Dairymen Cooperative, Inc.,
A Colorado Corporation (referred to in this Easement as Grantor),
in consideration of $5,232.14 and other good and valuable
consideration paid by the Left Hard Water District, a Title 32
Special District, (referred to in this Easement as Grantee), the
receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, transfer, and convey to Grantee, its
successors, agents and assigns, a non-exclusive and perpetual
easement with the right to erect, construct, install, and lay and
thereafter use, operate, inspect, repair, maintain, enlarge,
replace, and remove a water pipe ice in, over, lid across the
following described real property owned by Grantor in Weld County,
State of Colorado:
The West 1/2 of the Northeast 1/4 of Section 10, Township
2 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado EXCEPTING THEREFROM: Beginning at a
point on the West property line, from which the Northwest
corner of Section 10, Township 2 North, Range 68 West:
bears North 86° 04' West, a distance of 1,320.00 feet;
thence South 89° 36' East, a distance of 1,166.20 feet;
thence South A9" 49' East, a distance of 149.90 feet;
thence North 83° 03' 30" East, a distance of 201.60 feet;
thence South 89' 49' East, a distance of 1,650.00 feet;
thence North 84° 28' 15" East, a distance of 251.20 feet;
thence South 89° 49' East, a distance of 23.00 feet to
the property line; thence North 45° 39' East, along the
property line a distance of 27.20 feet to the South right
of way line of State Highway 119 (Oct. 1969); thence
South 89° 55' East, along the South right of way line of
State Highway 119 (Oct. 1969), a distance of 65.00 feet;
thence North 0° 31' East, a distance of 30.00 feet to the
North line of Section 10; thence North 89° 55' West,
along the North line of Section 10, a distance of
3,522.70 feet to the Northwest corner of the Northeast
1/4 of the Northwest 1/4 of Section 10; thence South 0°
49' 30" West, along the West line of the Northeast 1/4 of
the Northwest 1/4 of Section 10, a distance of 88.70
feet, more or less, to the point of beginning, as
conveyed to the Department of Highways, by instrument
recorded December. 1, 1970 in book 636 as Reception No.
1558219; ALSO EXCEPTING THEREFROM; Beginning at a point
on the West property line, from which the Northwest
corner of Section 10, Township 2 North, Range 68 West of
the 6th P.M., in Weld County, Colorado, bears North 86°
04' West, a distance of 1,320.00 feet; thence South 89°
36' East, a distance of 615.70 feet to the center of a
30.00 foot access opening; thence continuing South 89°
36' East, a distance of 550.50 feet; thence South 89° 49'
East, a distance of 149.90 feet; thence North 83° 03' 30"
East, a distance of 110.90 feet to the center of a 30.00
foot access opening; thence continuing North 83° 03' 30"
East, a distance of 90.70 feet; /thence South 89° 49'
East, a distance of 630.00 feet/to the center of a 30.00
foot access opening; thence continuing South 89° 49'
East, a distance of 529.00 feet to the center of a 30.00
foot access opening; thence continuing South 89° 49'
East, a distance of 391.00 feet to the center of a 30.00
foot access opening; thence continuing South 89° 49'
East, a distance of 100.00 feet; thence North 84° 28' 15"
East, a distance of 251.20 feet; thence South 89° 49'
East, a distance of 23.00 feet to the Southeasterly
property line, as conveyed to the State Department of
Highways, by instrument recorded December 1, 1970 in book
636 :s Reception No. 1558220 ALSO EXCEPTING THEREFROM;
Beginning at a point on the Southeasterly property line,
from which the Northeast corner of. Section 10, Townohi.p
2447090 II -1502 I'-176 07/13/!15 04:3')P Ii; 1 OF 3 RIG; IXX:
Weld County [O clerk n Recorder 16.00
9'72654
2 North, Range 68 West of the 6th P.!1., in Weld County,
Colorado, bears North 84° 50' 30" East a distance of
536.90 feet; thence North 89° 49' West a distance of
23.00 feet; thence South 84° 28' 15" West a distance of
251.20 feet; thence North 89° 49' West a distance of
1.42.70 feet to the center of a 30.00 foot opening which
is being excepted from the access limitation; thence
continuing North 89° 49' West a distance of 355.00 feet
to the center of a 30.00 foot opening which is being
excepted from this access limitation; thence continuing
North 89° 49' West a distance of 17.40 feet, more or
less, to the West property line, as conveyed to the State
Department of Highways, by instrument recorded February
8, 1974 in book 708 as Reception No. 1629889. ALSO
EXCEPTING THEREFROM; Beginning at a point on the West
property line, from which the Northwest corner or Section
10, Township 2 North, Range 68 West of the 6th P.M., in
Weld County, Colorado, bears North 86° 04' West, a
distance of 1,320.00 feet; thence South 89° 36' East, a
distance of 615.70 feet to the center of a 30.00 foot
opening which is being excepted from this access
limitation; thence continuing South 89° 36' East a
distance of 550.50 feet; thence South 89° 49' East a
distance of 129.90 feet to the center of a 30.00 foot
opening which is being excepted from this access
limitation; thence continuing South 89° 49' East a
distance of 20..00 feet; thence North 83° 03' 30" East a
distance of 201.60 feet; thence South 89° 49' East a
distance of 630.00 feet to the center of a 30.00 foot
opening which is being excepted from this access
limitation; thence continuing South 89° 49' East a
distance of 504.90 feet, more or less, to the East:
property line, as conveyed to the State Department of.
Highways, by instrument recorded February 8, 1974,
Reception No. 1629890, in Book 708;
together with the right of ingress and egress over Grantor's
adjacent real property for the purposes for which the above -
mentioned rights are granted. The easement hereby granted shall be
20 feet in width, and the centerline shall be located across the
above described real property as follows:
Commencing at the Northeast corner of the West one half
of the Northeast quarter. of Section 10; thence along the
North line of said Section 10, South 89° 50'• West 26.09
feet; thence South 00° 52' 15" East. 72.00 feet to the
South right of way line of Statue� Highway 4119 and the
True Point of Beginning' thence Fontinuing South 00° 51'
15" East 595.92 feet; (/thence South 07° 50' 53" West
876.33 feet; thence South 40° 00' 24" East 176.01 feet;
thence South 00° 01' 52" West 966.00 feet to the South
line of said West one half of the Northeast quarter o1:
Section 10, whence the Southeast corner of said West one
half of the Northeast quarter of Section 10, bears North
89° 55' 43" East 15.00 feet and termination of said
centerline.
:n addition to the perpetual easement described above, Grantor
further grants to the Grantee temporary easements, 30 feet in width
(for purposes of construction only and to automatically expire on
December 31, 1995), immediately adjacent to the permanent easement
des"rived above, and which shall lie on the West sides of the
permanent easement as the requirements of construction dictate.
The Grantee, in consideration of the granting of such permanent and
additional temporary construction easements, covenants and agrees
to reimburse the Grantor for any damage which may be caused to
growing crops or lawns by reason of initial construction of the
pipeline and appurtenant facilities.
Grantee agrees to maintain such easement in a state of good repair
and efficiency so that no unreasonable damages to Grantor's
2447098 11-1502 P -I.36 07/IH/95 1)4:391' IC; 2 OP 1
972654
Association, now known as
premises will result from its use.
Grantor reserves the right to utilize its property in any lawful
manner provided that such usage does not interfere with the rights
and privileges conferred herein.
The consideration recited in this Easement shall constitute payment
in full for all damages sustained by Grantor by reason of the
installation of the facilities and structures referred to in this
Easement.
The foregoing agreement, together with other provisions of this
Easement, shall constitute a covenant running with the land for the
benefit of the Grantee, its successors, agents and assigns. The
Grantor covenants that Grantor is the owner of the above described
real property and that said real property in free and clear of all
encumbrances and liens except the following:
None.
IN WITNESS WHEREOF,
this
AA
Grantor has executed this Waterline Easement
day of
STATE OF COLORADO)
)ss
COUNTY OF4 4NIS )
, 1995.
Mountain Empire Dairymen's
Association, Inc., now known as
Western Dairymen Cooperative, Inc.
a Colorado Corporation
By:
The foregoing Waterline Easement was acknowledged before me this
d2 day of .,t4 1995 by Mountain Empire Dairymen's
Western Dairymen Cooperative, Inc., by
d.ee- mp C.E.O.
67Re%ey Yap
Witness my hand and offici 1 seal
my rinnhliagion expires: ,r 2?I94
,e D -Cyr`'
'r
The Left Hand Water District, Grantee herein, hereby agrees and
accepts the terms and conditions contained in this Waterline Ease-
ment to the Loft Hand Water District, on behalf of itself, its
successors, agenta and assigns.
LEFT HARD WATER DISTRICT
By:
rvmaa7.5 . aN
nth¢ Peterson
General Manager
2447098 s-1502 1'-136 07/18/95 04:39P PG 3 OF 3
972654
AR2166213
_fie B 1220 REC 02166213 12/28/88 11:08 63.00 1/001
F 0045 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
PUCLIC TRUSTEE'S DEED
Sale No 2707
THIS DEED is made December 27
ANNE D. NYE
County of WELD
, 19 88 , between
as the Public Trustee, of the
, Colorado. and
MOUNTAIN EMPIRE DAIRYMEN'S ASSOCIATION, Inc.,
a Colorado Corporation
Purchaser
whose legal address is 12450 Washington Street, Thornton, Colorado 80241
WHEREAS, DAVID E. CAMENISCH and GLORIA F. CAMENISCH
did, by Deed of Trust dated June 15 . 19 83 , and recorded in the office of the Cletk'and Recorder of the
County of Weld .C. oa July 26 ,19 83 , fn Book
1003 . Page . (Film No. . Reception No.19311785 )• convey to the Public
Trustee, in Trust. the property hereinafter described to secure the payment of the indebtedness prow .d in said Deed ot'aat; and
Whereas, a violation was made in certain of the terms and covenants of said Deed of Trust as shown by the notice of election and
demand for sale filed with the Public Trustee, a copy thereof being recorded in the office of said County Clerk and Recorder, the said
property was advertised forsaleatpublic auction atthe placeandinthe manner pmvidedbylawardbysaidDeed of7hst,andacopyef
the notice of sale was in apt time mailed to the persons required by statute, and said proderty was in pursuance of said notice sold to
a Mountain rto of Empire Daeirymewas Inc.
++** for the sum hereinafter set forth
and a certificate of purchase thereof was made and recorded" for the benefit of Mountain Empire
Dairymen's Association, Inc., a Colorado corporation
and said property not having been redeemed from said sale:
Now, Therefore, the Public Trustee pursuant to the power and authority vested by law and by the said Deed of Trust as such Public
Trustee and in consideration of the sum of Two Hundred and Eighty Two Thousand, Two Hundred and
Seventy Six and 38/100 ($282,276.38) dollars, to the Public Trustee paid by the said Purchaser, the receipt
whereof is hereby acknowledged, conveys to the said Purchaser, the heirs. successors and assigns of the. Purchaser. forever*"
ad the right, tide
and interest which the Public 'trustee acquired pursuant to said Deed of Trust in and to tit•: following described property situate in the
County of Weld , State of Colorado, to wit:
The EIINW8 and WiNEk of Section 10, Township 2 North,
Range 68 West of the 6th P.M.,
County of Weld,
State of Colorado
**TM* a Colorado Corporation
also known by street and number as n/a
'lb Have and to Hold the same unto the said Purchaser, and the heirs, successors and assigns of the Purchaser, forever.
The singular shall include the plural and the plural the singular.
Executed the day and year first above written.
owned Weld
Public Trustee of the
Sum of Colorado
By
STATE OF COLORADO
County of Weld
The foregoing instrument was acknowledged before me this
by Anne D. Nye as the
County of Weld . State of Colorado.
My commission expires JUNE 6, 19x2
Witness my hand and official seal,
Deputy Public T une<
}s:.
27th day of Decembe
Public trustee of the
.`•�drO0 .•d''.1
:,516' �<
v•
IvLU 9th Street, Greeley, CO 80631
•In townie. where book sod page number have been abolished.
**If certificate ha, been assigned'.,sort "and said ceniarne of parch's< was assigned to (,,.mint assignee'.' If sale is to a corporation, set forth name of
corporation and state of incorporation.
•wCh.nge for Joint Tenancy.
No. 30. Rev. 2.88. PUBLIC TRUSTEE" DUD a&Nnd PubOMng, )hlf W. 6th An., lakn'nd. CO b1N—rum gay gone
lit
Ca rript 1111
EXIT "C"
972654
Report Date: 06/20/97 10:32AM
ORDER NO: N
VENDOR NO:
PECKETH ENGINEERING CO
WELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE CERT #: 5772
EXHIBIT "if'P1
SCHEDULE NO: R5586686
ASSESSED TO:
MOUNTAIN EMPIRE DAIRYMENS ASSN INC
C/O WESTERN DAIRYMEN CO
SALT LAKE CITY, UT 84126
LEGAL DESCRIPTION:
25112 E2NW4 10 2 68 (1R)
PARCEL: 131310000063
TAX YEAR CHARGE
TOTAL TAXES
SITUS ADD:
TAX YEAR ASSESSMENT
TOTAL ASMT
TAX YEAR TAX LIEN #
TOTAL CERT
GRAND TOTAL DUE GOOD THROUGH 06/20/97
ORIGINAL TAX BILLING FOR 1996
Authority
WELD COUNTY
SCHOOL DIST REIJ
NCW WATER
LEFT HAND WATER
MTN VIEW FIRE(BOND
ST VRAIN SAN
WELD LIBRARY
MOUNTAIN VIEW FIRE
TAX AMOUNT INT AMOUNT
ASMT AMOUNT INT AMOUNT
TLS AMOUNT INT AMOUNT
ADV,PEN,MISC TOTAL DUE
0.00
ADV,PEN,MISC TOTAL DUE
0.00
REDEMPT FEE TOTAL DUE
0.00
0.00
Mill Levy
22.038
48.393
1.000
0.000
0.964
29.990
1.500
7.817
Amount
50.91
111.78
2.31
0.00
2.23
69.28
3.47
18.06
111.702 258.04
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE (TLS) AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1,
REAL PROPERTY - OCTOBER I. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments of
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still . . . . . emed h the
amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand an eal i r • ' .
TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY
972654
Report Date: 06/20/97 10:34AM WELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE CERT #: 5773
EX�TT "Deage: 1
ORDER NO: NA
VENDOR NO:
PECKRETH ENGINEERING CO
SCHEDULE NO: R5587286
ASSESSED TO:
MOUNTAIN EMPIRE DAIRYMENS ASSN INC
C/O WESTERN DAIRYMAN COOP
SALT LAKE CITY, UT 84115
LEGAL DESCRIPTION:
25107-V W2NE4 10 2 68 (8R 2D)
PARCEL: 131310100001
SITUS ADD:
TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
71902 119 HWY COLORADO
TAX YEAR CHARGE
TOTAL TAXES
TAX YEAR ASSESSMENT
TOTAL ASMT
TAX YEAR
TAX LIEN #
TOTAL CERT
ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE
0.00
0.00
GRAND TOTAL DUE GOOD THROUGH 06/20/97
ORIGINAL TAX BILLING FOR 1996
Authority
WELD COUNTY
SCHOOL DIST RE1J
NCW WATER
LEFT HAND WATER
MTN VIEW FIRE(BOND
ST VRAIN SAN
WELD LIBRARY
MOUNTAIN VIEW FIRE
Mill Levy
22.038
48.393
1.000
0.000
0.964
29.990
1.500
7.817
Amount
370.90
814.46
16.83
0.00
16.22
504.73
25.24
131.56
111.702 1,879.94
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE (TLS) AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1,
REAL PROPERTY - OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments of
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still edeeme ' with the
amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand
TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY
972654
EXHIBIT "E"
ENGINEER'S CERTIFICATE
I, Kris A. Pickett, being a duly Registered Engineer in the State of Colorado,
do hereby certify that the design of the utilities was performed by me, or
under my direct supervision, for the Western Dairymen Cooperative, Inc.
property on their behalf.
att
O,3119!
rise
Kris . Pickett, P.E. #4;;;;;/;;;,,,tALr:IS°•
972654
EXHIBIT "G"
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
THIS AGREEMENT, made and entered into this day of , 19 by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called
"County", and Western Dairymen Cooperative, Inc., hereinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the
County of Weld, Colorado:
The north 918.52 feet of the W1/2 of the NE1/4, and the North 894.95 feet of the E1/2 of the NW 1/4
Section 10, T2N, R68W of the 6th PM, Weld County, Colorado.
WHEREAS, a final subdivision/PUD plat of said property, to be known as Western Dairymen Cooperative,
Inc. has been submitted to the County for approval; and
WHEREAS, Section 13 of the Weld County Zoning Ordinance provides that no final plat shall be approved
by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction
of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements,
along with a time schedule for completion, are listed in Exhibits "G-1" and "G-2" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
1.1
The required engineering services shall be performed by a Professional Engineer
and a Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
acceptance of the roads within the subdivision by the County, Applicant shall furnish
one set of reproducible "as -built" drawings and a final statement of construction cost
to the County.
2.0 Rights -of -Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights -of -
way and easements on all lands and facilities traversed by the proposed improvements. All
such rights -of -way and easements used for the construction of roads to be accepted by the
County shall be conveyed to the County and the documents of conveyance shall be furnished
to the County for recording.
Exhibit "G", Page 1 of 8
972654
EXHIBIT "G"
3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit "G-1" which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "G-2" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent County,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said subdivision improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engage in construction of the
improvements shall maintain adequate workman's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, Applicant, or owner
Exhibit "G", Page 2 of 8
972654
EXHIBIT "G"
may be reimbursed for off -site road improvements as provided in this section when it has
been determined by the Board of County Commissioners that the road facilities providing
access to the subdivision are not adequate in structural capacity, width, or functional
classification to support the traffic requirements of the uses of the subdivision.
5.1 The subdivider, Applicant, or owner shall enter into an off -site improvements
Agreement prior to recording the final plat when the subdivider, Applicant, or owner
expects to receive reimbursement for part of the cost of the off -site improvements.
5.2 The off -site improvements Agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off -site improvements to be completed by the
subdivider, Applicant, or owner.
The total cost of the off -site improvements.
The total vehicular trips to be generated at build -out by the subdivision, or
resubdivision, as specified by the ITE Trip Generation Manual, or by
special study approved by the Board of County Commissioners.
A time period for completion of the off -site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
Agreement.
Any off -site improvements Agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider, Applicant, or owner fails to comply with the improvements
Agreement, the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a subdivision or resubdivision will use a road improvement constructed under
an improvement Agreement, the subsequent subdivider, Applicant, or owner shall
reimburse the original subdivider, Applicant, or owner, for a portion of the original
construction cost. In no event shall the original subdivider, Applicant, or owner
collect an amount which exceeds the total costs of improvements less the pro rata
share of the total trip impacts generated by the original development. Evidence that
the original subdivider, Applicant, or owner has been reimbursed by the subsequent
subdivider, Applicant or owner shall be submitted to the Department of Planning
Services prior to recording the final subdivision or resubdivision plat.
5.5 The amount of road improvement cost to be paid by the subsequent subdivider,
Applicant or owner of a subdivision or resubdivision using the road improvements
constructed under a prior improvement Agreement will be based upon a pro rata
share of the total trip impacts associated with the number and type of dwelling units
and square footage and type of nonresidential developments intended to use the road
improvement. The amount of road improvement cost shall also consider inflation as
measured by the changes in the Colorado Construction Cost Index used by the
Colorado Division of Highways. The cost of road improvements may be paid by cash
contribution to the prior subdivider, Applicant, or owner's property. This decision
shall by at the sole discretion of the Board of County Commissioners based upon the
need for further off -site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
Exhibit "G", Page 3 of 8
972(54
EXHIBIT "G"
rata share of the road improvement construction costs for all subdivisions or
re -subdivisions. A special transportation study shall be used for land uses not listed
in the ITE Trip Generation Manual. Any question about the number of trips a
subdivision or resubdivision will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider, Applicant, or owner is entitled to reimbursement
under the off -site improvements Agreement, entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider, Applicant, or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, Applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the
following procedures by the Applicant, streets within a subdivision may be accepted
by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit "B", but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B", and may continue to issue building permits so long as the progress of
work on the subdivision improvements in that phase of the development is
satisfactory to the County; and all terms of this Agreement have been faithfully kept
by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the filing of
a Statement of Substantial Compliance, the Applicant(s) may request in writing
that the County Engineer inspect its streets and recommend that the Board of County
Commissioners accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual repair of streets, curbs and
gutters, and related street improvements. Not sooner than nine months after acceptance for
partial maintenance of streets, the County Engineer shall, upon request by the developer,
inspect the subject streets, notify the developer(s) that any deficiencies have been corrected. If
the County Engineer finds that the streets are constructed according to County standard, he
shall recommend acceptance of streets for full maintenance to the Board. Upon receipt of a
positive recommendation from the County Engineer for acceptance of streets within the
development, the Board shall accept said streets as public facilities and County property, and
shall be responsible for the full maintenance of said streets, including repair. The Board, at
the same time, shall release the Warranty Collateral.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of
the value of the improvements as shown in this Agreement. Prior to Final Plat
approval, the Applicant shall indicate which of the five types of collateral preferred
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
Exhibit "G", Page 4 of 8
972C54
EXHIBIT "G"
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
Applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with all
current County standards, policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the Applicant(s) requests that this
Agreement be renewed at least thirty (30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and the Agreement
is not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The Applicant may choose to provide for a phased development by means of
designating a filings of a Planned Unit Development Plan or Final Plat Subdivision.
The Applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The Applicant intends to develop in accordance with Exhibits "G-1" and "G-2".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld C
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total
value of the improvements as set forth in Section 6.0 and exhibits "G-1" and
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The Applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100% of the estimated costs of completing the uncompleted portions of
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Exhibit "G", Page 5 of 8
972654
EXHIBIT "G"
Credit will sign the Improvements Agreement acknowledging the
Agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Latter of Credit
shall remain in full force and effect until after the Board has received sixty
(60) days written notice from the issuer of the Letter of Credit of the
pending expiration. Said notice shall be sent by certified mail to the Clerk
to the Board of County Commissioners.
8.2 Trust Deed: Upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested M.A.I. member of the American Institute of Real Estate
Appraisers indicating that the value of the property encumbered in its
current degree of development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus all costs of
sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property be a M.A.I. member of the Institute of Real Estate Appraisers
indicating that the value of the property encumbered in its current state of
development is sufficient to cover 100% of the cost of the improvements as
set forth in the Improvements Agreement plus all costs of sale of the
property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the Agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial
institution.
8.3.4 If the County of Weld County determines there is a default of the
Improvements Agreement, the escrow agent, upon request by the County,
shall release any remaining escrowed funds to the County.
Exhibit "G", Page 6 of 8
972654
EXHIBIT "G"
8.4 A surety bond given be a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to 100% of the value of the improvements as
specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County, the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
9.1 The Engineer or his representative has made regular on -site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must by submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 through 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the Applicant(s) may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of 15% of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the Applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
zoning, subdivision or planned unit development, requires the dedication, development and/or
reservation of areas or sites other than subdivision streets and utility easements of a character,
extent and location suitable for public use for parks, greenbelts or schools, said actions shall
Exhibit "G", Page 7 of 8
972654
EXHIBIT "G"
be secured in accordance with one of the following alternatives, or as specified in the PUD
plan, if any:
10.1 The required acreage as may be determined according to Section 8-15-B of the Weld
County Subdivision Regulations shall be dedicated to the County or the appropriate
school district, for one of the above purposes. Any area so dedicated shall be
maintained by the County or school district.
10.2 The required acreage as determined according to Section 8-15-B of the Weld County
Subdivision Regulations may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within the
subdivision.
10.3 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Section 8-15-B. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account to be expended for parks at a later
date.
11.0 Successors and Assiyrts: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Exhibit "G", Page 8 of 8
972654
EXHIBIT "G-1"
Name of Subdivision: Western Dairymen Cooperative, Inc.
Filing
Location: N1/2 of Section 10, T2N, R68W, 6th P.M., Weld County, Colorado
South side of Colorado State Highway 119 between WCR 7 and
Turner Blvd.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this subdivision and as shown on the final plat County dated
19 , recorded on ,19 in Book
Reception No. the following improvements.
972054 I
Western Dairymen Cooperative,
Inc.
12450 Washington Street
Thornton, Colorado 80241
SITEWORK
General Conditions
Move In/Out
Demolition
Sub -Total:
Earthwork
Cut to Fill
Finish Grade for C & G
Fine Grade Ponds
Sub -Total:
Street Work
Subgrade Prep
Weedkill
4" Grade C Asphalt
6" Clss 6 Base Course
Raise Manholes
Raise Valves
Striping
Sub -Total:
Sanitary Sewer
8" SDR 35
48" Manholes
Connect to Existing
4" Laterals
Sub -Total:
Storm Drain
Date 7/1/97
Project 95-052
Opinion of Probable Construction Cost
Quantity Unit Unit Cost Total
1
1
Lump Sum
Lump Sum
$3,500.00 $3,500.00
$5,000.00 $5,000.00
$8,500.00
51700 C.Y. $1.25 $64,625.00
6172 L.F. $1.00 $6,172.00
2 Each $2,000.00 $4,000.00
$74,797.00
14928 Sq. Yds. $1.00 $14,928.00
20071 Sq. Yds. 80.20 $4,014.20
14928 Sq. Yds. $5.00 $74,640.00
14928 Sq. Yds. $3.00 $44,784.00
9 Each $203.00 $1,827.00
11 Each $148.00 $1,628.00
10665 LF $1.00 $10,665.00
$152,486.20
2712 L.F. $17.00 $46,104.00
9 Each 81,354.00 512,186.00
1 Each $494.00 $494.00
18 Each $418.00 $7,524.00
$66,308.00
48" RCP CL 3 155 L.F. $63.00 $9,765.00
42" RCP CL 3 375 L.F. $54.00 $20,250.00
36" RCP CL 3 405 L.F. $45.00 $18,225.00
30" RCP CL 3 545 L.F. $35.00 $19,075.00
24" RCP CL 3 395 L.F. $30.00 $11,850.00
18" RCP CL 5 390 L.F. 825.00 $9,750.00
Type "C" Inlet 9 Each $2,450.00 $22,050.00
24" CMP 116 LF $15.00 $1,740.00
24" CMP FES 2 Each $366.00 $732.00
Erosion Control Fence 3600 L.F. $1.60 $5,760.00
Outlet Headwall 2 Each $1,285.00 $2,570.00
Detention Pond Outlet 0 S.F. $5.00 $0.00
Straw Bale Inlet Filter 9 Each $81.00 $729.00
Sub -total $122,496.00
972654
Water
6" DIP 130 L.F. $12.00 $1,560.00
6" Gate Valve/Valve Box 5 Each $700.00 $3,500.00
10"x6" Tees 3 Each 8443.00 $1,329.00
10" Gate valve 6 Each $1,000.00 $6,000.00
16" gate valve 3 Each $2,500.00 $7,500.00
Fire Hydrant Assy 5 Each $2,379.00 $11,895.00
16"X10" Tapping tee 1 Each $3,000.00 $3,000.00
16"X16" Tapping tee 1 Each $5,000.00 $5,000.00
16" PVC 1400 L.F. $25.00 $35,000.00
16" Fittings 5 Each $1,100.00 $5,500.00
10" PVC 1885 LF $18.00 $33,930.00
10" Fittings 6 Each $750.00 $4,500.00
3/4" Copper Services 18 Each $506.00 $9,108.00
Hydrostatic Test 1 Each $1,030.00 $1,030.00
Sub -Total: $128,852.00
Concrete
Curb & Gutter 2162 L.F. $9.00 $19,458.00
6' Sidewalk 12962 SF $2.00 $25,924.00
Handicapped Ramps w/returns 3 Each $2,000.00 $6,000.00
Sub -total: $51,382.00
Miscellaneous
4" Conduits
6" Conduits
Landscaping & Irrigation
Sub -Total:
GRAND TOTAL
Per acre cost
Per lot cost
5200 L.F. $4.00 $20,800.00
1040 L.F. $6.00 $6,240.00
2 Acres $60,984.00 $121,968.00
$149,008.00
$753,829.20
Acres 55 $13,706
Lots 18 $41,879
972C54
Engineering and Supervision Costs
(testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized
agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "G-2".
(In corporation, to be signed by President and attested to by Secretary, together with corporate seal).
Date: , 19 .
972654
EXHIBIT "G-2"
Name of Subdivision: Western Dairymen Cooperative, Inc.
Filing:
Location: N1/2 Section 10, T2N, R68W of the 6th PM, Weld County, Colorado, S.
side Colorado State Highway 119 between WCR 7 and Turner Blvd.
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit "G-1" shall be completed as follows:
Leave spaces blank where they do not apply.)
Improvements
Time for Completion
Site grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
972C54
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric
Water Transfer
SUBTOTAL:
The County, at its option, and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
(In corporation, to be signed by President and attested to by Secretary, together with corporate seal).
Date: , 19
972&4
APPROVED AS TO FORM:
County Attorney
APPLICANT
BY:
(title)
SUBSCRIBED AND SWORN to before me this day of , 1996.
WITNESS my hand and official seal.
My commission expires:
Notary Public
972654
EXHIBIT "H"
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
(OFF -SITE)
THIS AGREEMENT, made and entered into this day of
19 by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter
called "County", and Western Dairymen Cooperative, Inc., hereinafter called "Owner"
and/or 'Developer".
WITNESSTH:
WHEREAS, Developer has applied to the County for approval for rezoning to Planned
Unit Development, for C-3 and I-1 zone district in the North Half of Section 10.
Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado,
and
WHEREAS, the Planned Unit Development will generate additional traffic on the access
road and
WHEREAS, a County road needs to be constructed which will provide access to the
Planned Unit Development to adequately serve traffic, the approximate costs of which are
attached hereto as Exhibit No. 1, and
WHEREAS, Developer has offered to accept certain road improvement actions.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the County and the Developer mutually agree as follows:
1. Primary access to the Planned Unit Development shall be via Weld County Road 7
1/2 from State Highway 119.
2. All construction and materials under this agreement shall be in accordance with the
Standard Specifications for Road and Bridge Construction of the Colorado
Department of Highways, with reference to the edition current at the time the
project is initiated. The County shall review and approve the construction plans
prior to construction and shall have the same authority as the Engineer, as defined
in the specifications for the project, to inspect construction.
3. A. As improvements for the PUD, Developer agrees to construct three lanes of Weld
County Road 7 1/2 from the Planned Unit Development's north access to State
Highway 119 to approximately 900 feet south of said right-of-way with separate
right turn and left turn lanes. Further, a paved eastbound acceleration lane will be
provided on State Highway 119 to the east of this intersection, and a paved
eastbound deceleration lane on State Highway 119 shall be provided to the west of
972G54
this intersection. Developer will complete necessary restriping of center lane of
SH 119 to provide a west bound left turn onto WCR 7 1/2.
B. Developer agrees to initiate the improvements after recording of the final plat of
the PUD and at such time as construction of buildings begins and to complete the
improvements prior to occupancy of said buildings.
C. If, prior to or within ten years after the completion of the construction of the off -
site road improvements, Weld County issues zoning or other approval for any
other residential, commercial, or industrial development, or any expansion of any
agri-business, that will be using as access, or which is located adjacent to any of
the portion of Weld County Road 7 1/2 or State Highway 119 paved at the
expense of the Developer as identified, the County, to the extent permitted by law,
agrees to seek contributions to the cost of the road, pro rata as the projected use
of the road compares to the Developer's projected use of the road.
4. It is the intent of the parties that this Agreement remain in full force and effect until
it terminates according to its own terms and that it be binding upon the Developer
and its successors, and assigns, and on this Board and future Boards to the fullest
extent permitted by law. Should this Agreement, or any portion thereof, be found
to be void or voidable for the reason that it binds the Board of County
Commissioners for more than a one year period of time, this contract shall be
construed as a one year contract with automatic annual renewals.
5. It is the intent of the parties that a separate agreement regarding collateral for
construction for each phase of the off -site improvements will be proposed by the
Developer prior to filing of the final plat.
6. The addresses of the parties are as follows:
Weld County Board of County Commissioners
915 Tenth Street (PO Box 1948)
Greeley CO 80632
Western Dairymen Cooperative, Inc.
12450 N Washington Street
Thornton CO 80241
It shall be the obligation of the parties to notify each other of any change of
address, registered agent, or change of ownership.
972654
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and
Recorder and Clerk to
the Board
By:
Chairman
By:
Deputy Clerk
Western Dairymen Cooperative, Inc.
12450 N Washington Street
Thornton CO 80241
By:
ATTEST:
By:
972G54
WESTERN DAIRYMEN COOPERATION, INC.
WELD COUNTY, COLORADO
ESTIMATE OF PROBABLE COST 6/97
ITEM QUANTITY UNITS UNIT PRICE EXTENSION
** STATE HIGHWAY 119 IMPROVEMENTS - ACCEL/DECEL LANES:
Demolition & Cleaning Culverts 1 LS $2,000 $2,000
Full Depth Saw Cut 750 LF $2 $1,500
Deceleration & Acceleration 550 S.Y. $15 $8,250
Lanes - Full Depth Asphalt
30" Vertical curb & gutter 570 L.F. $8 $4,560
Replace curb cuts w/30" vertical
curb and gutter 70 L.F. $15 $1,050
Grading 3855 C.Y. $5 $19,275
Striping 5700 L.F. $1 $5,700
Traffic Control 30 Days $750 $22,500
Subtotal: $64,835
**WELD COUNTY ROAD 71/2 FROM SOUTH BOUNDARY OF PUD TO STATE
HIGHWAY 119 -TWO 12' LANES PLUS 400' X 12' LEFT TURN LANE AT
STATE HIGHWAY 119 INTERSECTION:
Clear and Grub 6457 S.Y. $1.50 $ 9,686
Grading 2200 C.Y. $5 $11,000
Shoulder Subgrade & Prep. 500 S.Y. $2 $ 1,000
Asphah Surfacing (Full Depth) 4172 S.Y. $15 $ 62,580
30" Vertical curb and gutter 1578 L.F. $8 $ 12,624
6' walk 6" thick 9500 S.F. $3 $ 28,500
Subtotal: $125,390
EXHIBIT NO. 1
TO
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
Recorded at
o'clock M
Reception No.
Recorder
EXHIBIT "I"
QUITCLAIM DEED
THIS DEED, made this day of 19
between WESTERN DAIRYMAN COOPERATIVE, INC.; a Colorado
Cooperative Association
of the
Colorado, grantor(s), and
'County of Adams
DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
and State of
whoselegaladdressis 4201 E. Arkansas Ave., Denver, CO 80222
of the City and County of Denver and State of Colorado, grantee(s),
WITNESS, that the grantor(s), for and in consideration of the sum of
One Dollar and other good and valuable consideration ($1.00) (PAWS(
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these
presents do es remise, release, sell and QUITCLAIM unto the grantee(s), its heirs, successors and assignsforever, all
the right, title, interest, claim and demand which the grantor(s) ha s in and to the real property, together with improvements, if any,
situate, lying and being in the County of Weld and State of Colorado,
described as follows:
See attached Exhibit "B" dated July 17, 1996 for Project Number:
S—SU 0072(2)
Parcel Number: AC -40A
also known by street and number as:
assessor's schedule or parcel number:
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(s), either in law or equity, to the only
proper use, benefit and behoof of the grantee(s) its heirs and assigns forever.
IN WITNESS WHEREOF, the grantor(s) ha s executed this deed on the date set forth above.
WESTERN DAIRYMAN COOPERATIVE, INC., a
Colorado Cooperative Association
By:
STATE OF COLORADO,
County of
The foregoing instrument was acknowledged before me this day of , 19
by
rIf in Denver, insert "City and".
1 -
Witness my hand and official seal.
My commission expires:
Notary Public
Name and Addrne of Person Creating Newly Created Legal Description (I 38-35-106.5, C.R.S.)
No. 933. Rev. 4-94. QUITCLAIM DEED
Bradford Publishing,1743 Wazee St., Denver, CO 80202 — (303) 292-2500 — 8-96
972654
PROJECT NUMBER: S-SU 0072(2)
PARCEL NUMBER: AC -40A
DATE: July 17,1996
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to
and from any part of the Right of Way of Colorado State Highway
No. 119, a freeway established according to the laws of the State
of Colorado and from and any part of the real property of the
Grantor in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4
of Section 10, Township 2 North, Range 68 West, of the Sixth
Principle Meridian, in Weld County, Colorado, abutting upon said
Highway, along or across the access line or lines described as
follows:
S-SU 0072(2)
[Project #7
AC -40A
[Parcel #]
Southerly
(location of line)
The right of the Grantor to have the following points of access
at the location set forth hereinafter, to be limited in use by
the Grantor to the width and location designated according to
the centerline stationing of the Grantee's Project Number: S-SU
0072(2).
LEGAL DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10 AND
CONSIDERING THE NORTH LINE OF SAID SECTION TO BEAR N 89°01'54" E
WITH ALL BEARINGS RELATIVE THERETO;
THENCE S 87'08'19" E, 1326.33 FEET TO THE SOUTH RIGHT-OF-WAY OF
SAID HIGHWAY 119 AND THE WEST PROPERTY LINE OF COLORADO STATE
HIGHWAY PARCEL NO. 40 REVISED, PROJECT NO. S-SU 0072 (2) AND THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY N 89°01'53" E, 1166.20 FEET;
THENCE N 89°14'53" E, 149.90 FEET;
THENCE N 82°07'23" E, 8.05 FEET TO THE NORTH -SOUTH CENTERLINE OF
SAID SECTION 10 AND THE CENTER OF A 100 FOOT WIDE OPENING WHICH
IS BEING EXCEPTED FROM THIS ACCESS LIMITATION (320+09.17 C.D.O.T
STATIONING);
THENCE CONTINUING ALONG SAID SOUTH ROW N 82°07'23" E, 193.55
FEET;
THENCE N 89°01'39" E, 1128.81 FEET.
972654
CENTER OF ACCESS OPENING OPPOSITE
WIDTH
100 foot
LT. OR RT.
RT.
CENTERLINE STATION
320+09.17
Basis of Bearings: All bearings are based on a line connecting
the NW corner of Section 10, T. 2 N., R. 68 W. of the 6th P.M.
and the N 1/4 corner of Section 10 as bearing N 89.01'54" E.
Pickett Engineering Company
972654
EXHIBIT "J"
11th day of June
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
W041502
Application No.
Subject Property NW4 NE4 10-2-68
STATE OF COLORADO )
COUNTY OF WELD
ss
THE UNDERSIGNED, being first duly sworn, states that to the best of
his or her knowledge, the attached list is a true and accurate list of
the names, addresses and the corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owner of property (surface
estate) within 500 feet of the property subject to the application.
this list was compiled from the records of the Weld County Assessor, or
an ownership update from a title or abstract company or attorney,
derived from such records, or from the records of the Weld County Clerk
and Recorder. The list compiled from the records of the Weld County
Assessor shall have been assembled within thirty (30) days of the
application submission date.
WELD COUNTY TITLE gO'4PANY
By:
Title:
The foregoing instrument was subscribed and sworn to before me this
, 1997.
WITNESS my hand and official seal.
g7
Aires:
-�/
�f�1i71�
Notary Public
972654
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please Print or Type
NAME
River Valley Village
Mobile Home Park
ADDRESS, TOWN/CITY ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
6312 S. Fiddlers Green
Circle #420N
Englewood, CO 80111-4968 131310100037
Taco Bell Corp #3768 P. O. Box 548
Glen Rock, NJ 07452 131310100041
Ashwin A. Amin, etal 4327 Fireweed Dr.
Pueblo, CO 81001 131310100040
Duane Dezell & 0517 Hwy 119
Longmont, CO 80501 131310100031
Mary Dezell
Same
Same 131310100032
Mountain Empire P. O. Box 26427
Salt Lake City, UT 84126 131310000063
Dairymens Assoc Inc
Same
Same 131310100001
Rademacher Family 3525 Hwy 119
Partnership Ltd Longmont, CO 80504 131303000046
Conoco Inc P. O. Box 1267
Ponca City, OK 74603 131303000013
Stener J. Carlson 4111 Glade Rd.
and Frances E. Carlson Loveland, CO 80537 131303000017
Same
Same 131303000041
Waffle House, Inc. P. O. Box 6450
Norcross, GA 30091 131303000042
BK Trust, N & A, Inc., 2200 S. Wayside
& AJAY, Inc. Houston, TX 77023 131303000043
Revised 06/19/97
972654
EXHIBIT "K"
SS.
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No. WQ41502
Subject Property NW/4 NE/4 10-2-68
STATE OF COLORADO )
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her
knowledge, the attached list is a true and accurate list of the names and address of all mineral
owners and lessees of minerals owners on or under the parcel of land which is the subject of the
application as their names appear upon the records in the Weld County Clerk and Recorder's
Office, or from an ownership search from a title or abstract company or attorney.
WELD C UNTY TITLE OMPA Y
By: / 1 V7%G � - /j ��
Title: 144 &Ai d%
The foregoing instrument was subscribed and sworn to before me this 11TH day of
JUNE , 1997.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
972G5"
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
MINERAL OWNER:
J. P. CAMENISCH AND MARY M. CAMENISCH
RT 4, BOX 159
LONGMONT, CO 80501
MOUNTAIN EMPIRE DIARYMENS ASSOCIATION
P. O. BOX 26427
SALT LAKE CITY, UT 84115
LESSEE:
AMOCO PRODUCTION CO
P. O. BOX 800
DENVER, CO 80201-0800
972654
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