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Home My WebLink About960495.tiff d ce11�/ USE BY SPECIAL REVIEW APPLICATION Rhin NtiOt3 ' 9• D Department of Planning Services, 1400 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax (970) 353-6312 Application Fee Paid /ADD Ov Receipt# o?/63,2 Date //Li✓�1/45- Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 5ee cestoara es\ri\rA Section s.3_, T N, R L% W-Total Acreage 3%7 Zone District kor..Overlay ZoneNone Property Address (if available) b%7p WCR 5 Rt..ie , Co ciSo5tb PROPOSED USE +o ‘110.410 \yy,mQ_ SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: Gl CTrics51: JJJJJJII1III Rm3 F12,inq Address: c'►3°I Al-fa. St City/State/Zip:I.atw),COcrt05o*Home Telephone:77a-0654 Business Telephone%3,%' ba3`l Name:_ Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT(if different than above) Name: SgrnQ Address: City/State/Zip: Home Telephone: Business Telephone: DEPARTMENT OF PLANNING SERVICES USE ONLY Case# _l- SL- Flood Plain: o Yes XNo Geologic Hazard: ❑ Yes No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Aè: roorizA nt d Agent DEC T o395' J • EXHIBIT • 960495 j o-453o USE BY SPECIAL REVIEW QUESTIONAIRE 1. How is this pproposal consistent` with the Weld County Comprehensive Plan? t.ivin on tne. \e.n0. e q \le, grovi�Qs cwt.\\vin' w.\\ s'trr<�'lhtn�ha cnnrmut�'�� o, rt5rof12 2. How does this proposal meet the intent of the zone district it is local d in? aw�rtw\\vrcr. n en Nit We. qrt o,grno.A.Sore,bv$jvvty$ q•,. y\fl\ -iavvn, `�'�is i�, ovr on\sl lrte mR• 3. How is this use compatible with future development as stated in the Weld County Comprehensive Plan? If yes, how? ` OVr vse S.tmawS*rotf5 j\Y2 Yio.�oi\il.).�, A Sme\\ .ccwrm -stv.4v\ 044w:0440• 4. What type of uses surround this site? Is this request� compatible with surrounding uses? } ` Ayrlc$,rs1 '.Aii S n$\ v1 e'n-•gatrkv11Vr0,` ire VI .A..1 oat*?7.s•1S cernlirl�.7D\t 5. Is this property located within a-Flood Hazard zone, Geologic Hazard zone, or Air ort Overlay zone- san does it meet these special requirements? NO 6. What efforts have been made to conserve productive agricultural land? Mla \feo% s4.3 n6\ ;Me Oft Q q}.° etWt e1¢nk$ 0\ oVr \OA. 7. How will public health, safety` and welfare be protected? ee pp ` e 1$yy\ivin or. ovr \erntl, wt v./4\k be w �try nC t0 ' 4j' vW:abeam)o c1p. \l BVI-nen). 8. WKat will the site be used for? 1l t- - w1\\ \)¢ ovr. hem¢. 9. How close is this site to other residential structures? Hbo.* 2,000$eel' 10. How many people will be employed at this site and what hours will they work? Nene 11. How many people will use this site? 6 12. What and how many animals, if any,will be on this site? 13. What type and how much, if any, operating and processing equipment will be utilized on site? Nina 14. What type and how may structures will be erected (built) on this site? One \vornt 15. Wjiat kind (type, size,weight) of vehicles will access this site and how often? (1 car oat& eickv? 4441 16. Will this site use a septic System or public sewer facilities? StY'%c S yj 3ttrn 17. Are you proposing storage or stockpile of wastes on this site? if so, what is the size and type proposed? None 18. How often will debris,junk,\or waste be disposed -�o""f?�,�t�By what means? '$¢ '.A\ \nov\ \l6vst\re\a 4rir .s\1 ate \�.qc \ rv.on \ • 19. How long will it take to construct this site and when will construction begin? ir\bev'S \ voter \atrirnt s r6V) e� 1of%o 20. Explain the proposed Ian soaping pans and erosion control measures associated with this site. We a\\ p\..4 netWe arose) 5\wv c.bof \OS k irQtS lht ste. 21. Explain any proposed reclamation procedures when termination of the Special Review use begins. tJ ei n¢ 22. Explain the need for the proposed use (activity) in Weld County. p -7-7114111s ° r1t¢5,s*or s,nw.\\ �arrn \N411, 09.5 o n - "CWmg1R6 \\11:(1r) con 1�f vvr reak. 23. Who will provide fire protection for this ysite? grit Fire 9rettaien Dist 24. What or who will` provide water to this site? Lt'st "ea WAtr ve6\t 25. How will storm water drainage be handled on the site? � S'tervn .444tr pr•4:rvgo,t is &it.\f,Ec4 vg \171 �\nt .11ex1¢5 oh AVIA 960495 -----I G4 d. } ' w ) jE �s f 2 } ! \t ! § IL; xa } � � / \ � i \ x ) \ / ` i mV ' . \ I } ( A� I a f ) /- ! J ii ii ! I , | || ! I / § ! / i! I , |. . i 2 , Of i nZi | ! ! i ! !. iIP t 8 • ! I 1 / ! | $ § ! % I | " tI r / 2 i ! ` \ \ . % | 1 \ ! ! , � ! { / z/ «/ \ ~ x i EZ r lia / / 4\ 11 � r ` « \ is ; { ~ / ~ J: :a » / - - } ) . \ } : 2 1 iz' III r ] � `\ <p 2 4 m > \_ 1 \ 960495 USE BY SPECIAL REVIEW QUESTIONAIRE We are applying for the use by special review in order to build a home on our property which is 32 .7 acres and therefore less than the 80 acres required in an agricultural zone . We operate a small farm business on this property which includes a barn used for storage and operations and a greenhouse . All our income is generated from the sale of plants and bulk plant material grown on our property. We grow about 200 different varieties of herbs . We have been in operation here for 8 years and have been certified organic by the state for 6 years . The number of vehicle trips per day in and out of the site will be two. We do not employ anyone in the business . All the work is done by family members of which there are six. ck,14-) 960195 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 1 1th Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750 1. Applicant Name [s �,.`'„� m� �ia�in� Phone '77,— <7br; j Address `yr HIt�;{. City nmm» State c n Zip�zo>>��i 2. Address or location of access b`6 7 5 d1 n.-4-1, >7 1:1- 21,.. , (-_o , °'7o \b Section '1,`?, Township "), s ,' Range k;%%4 Subdivision Block Lot Weld County Road # F- Side of Road N SQor W Distance from & number of intersecting road 1 \<4 i \ H w) -Ka 3. Is there an existing access to the property? Yes )C No # of accesses 1 4. Site Sketch 4; Z 4 t N `s Oh15 ba>3 1 k-- 1'>„/e —111 E--g A-, ) occ . 5. Proposed use: Permanent X Residential/Agricultural _ Industrial Temporary _ Commercial Subdivision Other OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized Information Insufficient Special Conditions Reviewed by: Title: :access.for 95C195 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29"WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34"EAST 96.29 FEET;THENCE NORTH 83°08'15"EAST 51.27 FEET;THENCE NORTH 62°23'09"EAST 91.61'FEET:THENCE NORTH 71°06'32"EAST 54.00 FEET;THENCE NORTH 87°37'07"EAST 61.18 FEET;THENCE SOUTH 83°24'03"EAST 197.32 FEET;THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH 55°44'21" EAST 70.43 FEET;THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL;THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'57"WEST 59.29 FEET;THENCE SOUTH 24°18'38"EAST 53.35 FEET;THENCE SOUTH 46°13'57 EAST 70.11 FEET;THENCE SOUTH 53°54'44"EAST 435.12 FEET;THENCE SOUTH 20°40'04"EAST 82.10 FEET;THENCE SOUTH 28°59'47"WEST 61.65 FEET;THENCE SOUTH 45°08'16" WEST 119.19 FEET;THENCE SOUTH 52°58'52"WEST 212.57 FEET:THENCE SOUTH 68°00'07 WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET;THENCE SOUTH 28°09'29"WEST 319.67 FEET;THENCE SOUTH 40°54'12"WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 228.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56"WEST 74.70 FEET;THENCE SOUTH 17°26'11"WEST 75.73 FEET;THENCE SOUTH 04°46'30"EAST 115.82 FEET;THENCE SOUTH 16°49'27"EAST 179.16 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59"WEST 114.78 FEET TO THE POINT OF BEGINNING,CONTAINING 32.773 ACRES MORE OR LESS. 350495 2406462 B-1459 P-410 09/13/94 04:22P PG 2 OF 10 b. Based on the Commissioner's Report and the evidence received the partition of the Subject Real "„./././7/ Property can be made without manifest prejudice to the rights of any interested party. c. The Court further finds, in accordance with Part 1 of Article 28 of Title 30 C.R.S., as amended, and the Weld County Subdivision Regulations, that the creation of Tract No. 3,which is less than 35 acres, does not constitute an evasion of the above-cited statute and regulations. d. Notwithstanding the same,this order is not intended to relieve those parties from compliance with the applicable Weld County's Zoning Ordinance with respect to the use of these tracts. e. Tracts 1,2,3 and 4 are in need of an easement,as between themselves,for the purpose of ingress, egress, access to and maintenance of irrigation facilities and placement of utilities. f. With the borders as identified herein and the water rights allocated as set forth in the Commissioner's report and the access issues resolved as indicated herein, the Court finds that Tracts No. 1 through 4 are essentially equal in value. g. The Court further finds that an easement twenty-eight (28) feet in width centered on the existing road is necessary and adequate to meet the access needs of the owners of Tracts No. 1,2,3 and 4. However, the use of said easement shall not interfere with the location, use, and maintenance of the existing improvements on Tract No. 3, including,but not by way of limitation,the electrical transformer immediately South of the existing road and the headgate and flume on the Lower Boulder Consolidated Ditch,immediately South of the existing road. 3. ORDER. The Court hereby Orders as follows: a. The Subject Real Property and subject water rights are partitioned as set forth herein: i. A tract designated as Tract No. 1 is partitioned to Defendant Jane G. Sencenbaugh.This tract is more particularly described as follows: TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28;THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28,NORTH 00°00'04"WEST 1,346.44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28;THENCE SOUTH 89°28'25" EAST 2,645.34 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28;THENCE ALONG THE EAST LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28,SOUTH 00°02'26" WEST 958.05 FEET, WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 28 BEARS SOUTH 00°02'26" WEST 389.87 FEET; THENCE SOUTH 90°00'00" WEST 218.91 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE SOUTH 83°27'44" WEST 65.38 FEET; THENCE NORTH 8734'14" WEST 154.67 FEET; THENCE SOUTH 71°34'19" WEST 150.06 FEET; THENCE SOUTH 84°45'58" WEST 41.35 FEET; THENCE NORTH 72°46'08" WEST 54.75 FEET; THENCE NORTH 60°39'07" WEST 150.64 FEET; THENCE NORTH 68°29'21" WEST 266.40 FEET; THENCE NORTH 80°49'55" WEST 159.78 FEET; 960^95 2406462 B-1459 P-410 09/13/94 04:22P PG 3 OF 10 THENCE SOUTH 84°45'13"WEST 43.01 FEET;THENCE SOUTH 54°24'51"WEST 43.75 FEET;THENCE SOUTH 42°31'02"WEST 131.97 FEET;THENCE SOUTH 72°40'04"WEST 197.69 FEET;THENCE SOUTH• 63°17'17" WEST 382.68 FEET; THENCE SOUTH 63°31'24" WEST 141.80 FEET; THENCE SOUTH 48°05'05" WEST 151.42 FEET; THENCE SOUTH 41°07'45" WEST 195.46 FEET; THENCE SOUTH 22°24'41" WEST 137.71 FEET; THENCE SOUTH 36°35'38" WEST 202.57 FEET; THENCE SOUTH 43°08'28" WEST 107.42 FEET; THENCE SOUTH 27°34'00" WEST 144.95 FEET; THENCE SOUTH 19°14'52" WEST 14.70 FEET;THENCE DEPARTING THE CENTERLINE OF SAID BOULDER AND WELD DITCH ALONG THE CENTERLINE OF AN EXISTING ROAD,NORTH 84°45'34"WEST 48.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33; THENCE NORTH 00°02'29" WEST 650.29 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM A PARCEL OF LAND DESCRIBED BY DEED RECORDED AUGUST 17, 1964 IN BOOK 521 AS RECEPTION NUMBER 1443172 OF WELD COUNTY RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE ALONG THE WEST LINE OF SECTION 28,NORTH 00°00'04"WEST 1,332.80 FEET;THENCE SOUTH 89°57'04"EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5 AND THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°57'04" EAST 1,285.00 FEET;THENCE SOUTH 00°00'04"EAST 339.00 FEET;THENCE NORTH 89°57'04"WEST 1,285.00 FEET TO A POINT ON SAID EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00°00'04" WEST 339.00 FEET TO THE TRUE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 10.0 ACRES MORE OR LESS. THE NET AREA OF TRACT 1 IS 58.002 ACRES, MORE OR LESS. To Defendant Jane G. Sencenbaugh (and Tract 1) is partitioned the water rights as set forth in the Table at Exhibit C which exhibit is incorporated by reference herein. ii. To Defendant Josephine H. Miles is partitioned a tract of land designated as Tract No. 2. This tract of land is more particularly described as follows: TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33;THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33,SOUTH 00°12'23"WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL,WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23"WEST 1,903.66 FEET;THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32"WEST 69.71 FEET;THENCE NORTH 88°19'26"WEST 85.39 FEET;THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14"WEST 209.43 FEET;THENCE NORTH 69°54'12"WEST 90.18 FEET;THENCE NORTH 79°29'16" WEST 328.11 FEET; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26"WEST 41.82 FEET;THENCE SOUTH 30°43'16"WEST 61.50 FEET;THENCE SOUTH 14°26'13" 960'195 2406462 B-1459 P-,i0 09/13/94 04:22P PG 4 OF 10 WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THENCE DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46"WEST 49.42 FEET;THENCE NORTH 55°44'21"WEST 70.43 FEET;THENCE NORTH 65°10'23"WEST 75.56 FEET;THENCE NORTH 75°52'35"WEST 166.83 FEET;THENCE NORTH 83°24'03"WEST 197.32 FEET;THENCE SOUTH 87°37'07"WEST 61.18 FEET;THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15"WEST 51.27 FEET; THENCE NORTH 84°45'34"WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH;THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13"EAST 43.01 FEET;THENCE SOUTH 80°49'55"EAST 159.78 FEET;THENCE SOUTH 68°29'21"EAST 266.40 FEET;THENCE SOUTH 60°39'07"EAST 150.64 FEET;THENCE SOUTH 72°46'08"EAST 54.75 FEET;THENCE NORTH 84°45'58"EAST 41.35 FEET;THENCE NORTH 71°34'19" EAST 150.06 FEET;THENCE SOUTH 87°34'14" EAST 154.67 FEET:THENCE NORTH 83°27'44"EAST 65.38 FEET; THENCE DEPARTING THE CENTERLINE OF THE BOULDER AND WELD DITCH, NORTH 90°00'00" EAST 218.91 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, WHENCE THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 BEARS NORTH 00°02'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" WEST 3i8gFEET TO THE POINT OF BEGINNING, CONTAINING 48.998 ACRES MORE OR LESS. g oI eil To Defendant Josephine Miles/Tract 2 is partitioned the water rights as set forth in Exhibit C. iii. To Plaintiff Robert J. Grigsby is partitioned a tract of land designated as Tract No. 3. This tract of land is more particularly described as follows: TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29"WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34"EAST 96.29 FEET;THENCE NORTH 83°08'15"EAST 51.27 FEET;THENCE NORTH 62°23'09"EAST 91.61,FEET;THENCE NORTH 71°06'32"EAST 54.00 FEET;THENCE NORTH 8737'07"EAST 61.18 FEET;THENCE SOUTH 83°24'03"EAST 197.32 FEET;THENCE SOUTH 75°52'35" 960195 2406462 B-1459 P-410 09/13/94 04:22P PG 5 OF 10 EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH 55°44'21" EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL;THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'57"WEST 59.29 FEET;THENCE SOUTH 24°18'38"EAST 53.35 FEET;THENCE SOUTH 46°13'57'EAST 70.11 FEET;THENCE SOUTH 53°54'44"EAST 435.12 FEET;THENCE SOUTH 20°40'04"EAST 82.10 FEET;THENCE SOUTH 28°59'47"WEST 61.65 FEET;THENCE SOUTH 45°08'16" WEST 119.19 FEET;THENCE SOUTH 52°58'52"WEST 212.57 FEET;THENCE SOUTH 68°00'07"WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET;THENCE SOUTH 28°09'29"WEST 319.67 FEET;THENCE SOUTH 40°54'12"WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 228.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56"WEST 74.70 FEET;THENCE SOUTH 17°26'11"WEST 75.73 FEET;THENCE SOUTH 04°46'30"EAST 115.82 FEET;THENCE SOUTH 16°49'27"EAST 179.16 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59"WEST 114.78 FEET TO THE POINT OF BEGINNING,CONTAINING 32.773 ACRES MORE OR LESS. To Plaintiff Robert J. Grigsby/Tract 3 is partitioned the water rights as set forth in Exhibit C. iv. To Defendant Josephine H. Miles is partitioned a tract designated as Tract No. 4.This tract of land is more particularly described as follows: TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33;THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33,SOUTH 89°46'59"EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH 17°26'11"EAST 75.73 FEET;THENCE NORTH 55°06'56"EAST 74.70 FEET;THENCE NORTH 63°28'21"EAST 97.34 FEET;THENCE NORTH 56°40'12"EAST 140.18 FEET;THENCE NORTH 63°10'17" EAST 228.28 FEET; THENCE NORTH 5742'44" EAST 119.91 FEET; THENCE NORTH 40°54'12"EAST 63.89 FEET;THENCE NORTH 28°09'29"EAST 319.67 FEET;THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'0T' EAST 95.47 FEET;THENCE NORTH 52°58'52" EAST 212.57 FEET;THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET;THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38"WEST 53.35 FEET;THENCE NORTH 16°15'57"EAST 59.29 FEET;THENCE NORTH 22°20'20"EAST 89.88 FEET;THENCE NORTH 14°26'13"EAST 77.52 FEET;THENCE NORTH 30°43'16"EAST 61.50 FEET;THENCE NORTH 46°25'26"EAST 41.82 FEET:THENCE NORTH 65°16'18" EAST 172.55 FEET;THENCE SOUTH 80°34'19"EAST 206.16 FEET;THENCE NORTH 84°16'20"EAST 189.07 FEET;THENCE SOUTH 79°29'16" EAST 328.11 FEET;THENCE SOUTH 69°54'12" EAST 90.18 960195 to 2406462 B-1459 P-410 09/13/94 04:22P PG 6 OP 1t. FEET;THENCE SOUTH 55°20'14" EAST 209.43 FEET;THENCE SOUTH 67°20'28"EAST 206.95 FEET; THENCE SOUTH 84°00'45"EAST 185.44 FEET;THENCE SOUTH 88°19'26"EAST 85.39 FEET;THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33,WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23"EAST 720.64 FEET;THENCE SOUTH 00°12'23"WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59" WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. To Defendant Josephine Miles/Tract 4 is partitioned the water rights set forth at Exhibit C. b. The mineral rights of the Plaintiff and Defendants, Miles and Sencenbaugh, to the Subject Real Property are not partitioned. The said parties Grigsby and Sencenbaugh shall continue to own an undivided twenty-five percent interest and Miles an undivided fifty percent in the said mineral rights. c. Plaintiff Grigsby (as owner of Tract No.3) grants to defendant Miles as owner of Tracts 2 and 4 an easement for the purpose of ingress and egress,access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the northerly border of the said Tract 3.Provided,however,that neither this easement nor the use of the easement shall in any way affect the existence,use,or maintenance of existing improvements on Tract No.3,including,but not by way of limitation, the electrical transformer and connections immediately South of the existing road,the existing electrical cables and boxes and/or the headgate and flume on the Lower Boulder Consolidated Ditch, immediately South of the existing road. d. Defendant Miles (as owner of Tract No.2)grants to Plaintiff,Grigsby as owner of Tract No.3 an easement for the purpose of ingress and egress, access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the southerly border of the said Tract 2 where it is adjacent to the said Tract No. 3. e. Defendant Sencenbaugh (as owner of Tract No. 1) grants to Plaintiff Grigsby as owner of Tract No. 3 and Defendant Miles as owner of Tracts 2 and 4 an easement for the purpose of ingress and egress, access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the very southerly portion of Tract 1 commencing at the Southwest corner of Tract No. I and proceeding in an easterly direction 48.18 feet to the point of intersection with Tract 2. f. Plaintiff Grigsby (as owner of Tract No. 3) grants to Defendant Sencenbaugh as owner of Tract No. 1 an easement for the purpose of ingress and egress,access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the Northerly border of Tract No. 3 beginning at the Northwesterly corner of Tract 3 and proceeding easterly a distance of 48.18 feet. g. Plaintiff Grigsby and Defendants Miles and Sencenbaugh shall grant each to the other the right of access to the respective Tracts as reasonably needed for the purpose of irrigation and maintenance of irrigation systems along the rights of way of irrigation systems on the respective Tracts. h. Defendant K N Front Range Gathering Company,Inc.,a Colorado corporation shall be substituted for Defendants Panhandle Eastern and K N Energy,Inc. and the caption shall be so amended to reflect the same. i. The easements of,Defendants K N Front Range Gathering Company, Vessels Oil and Amoco Production shall not be affected by this partition. However, said Defendants shall provide reasonable assistance and information to the surveyor in locating any easements and existing permanent lines on the r 960 '95 sr- • 2406462 B-1459 P-410 09/13/94 04:22P PG 7 OF 10 easements of the said Defendants. j. This Order of Partition for Recording is an abbreviated form of the full Final Order of Partition signed August 9, 1994, nunc pro tunc December 10, 1993. k. The Lis Pendens recorded in this matter in the records of the Weld County Clerk and Recorder's Office on the 26th day of June, 1992 in Book 1341, Film # 0535, Reception # 02293335 is hereby released pursuant to C.R.C.P. Rule 105(f). September Done and dated this 13th day of August, 1994, nunc pro tunc December 10, 1993. BY THE COURT: •�u rw+'tifia/ to �:ful.F.'trw ajrR1 correcr ••. custaw. i.. .• . , wv of tn.'9 iui+$Il m. tr,v 1t q4 District Court Judge Den i. 49O144t4i DOW ELL _LL .�4•�.JrM1'.:. C It t oist If_'• COLrr • .1 cunt,!color000•gv1 t'`- lefwty 9601135 2406462 8-1459 P-410 09/13/94 04:222 PG 8 OF 10 Approved as to form: MICHAEL J. PIPIS, P.C. By: At ey fo lain ff Michael J. P' is (# 780) 700 Florida Ave uite P-400 P.O. Box 1 2 Longmont, CO 80502-1527 (303) 776-4616 (metro: 440-9079) LONG & JAUDON, P.C. By: ^ --- Ellen Ivy, Esq. Attorney for DeLendant Jane G. Sencenbaugh Reg. No. /11I1U 1600 Ogden Street Denver, CO 80218-1414 GEORGE G. JOHNSON,JR. BY: Ge r G s r., Esq. At mey or De ndant Josephine Block Miles Reg. No. 72--- 1660 S. Albion St. #1100 Denver, CO. 80222 WELD C ATTORNEY'S OFFICE' D. Morrison, Esq. At omey for Intervenor, Board of County Commissioners Weld Co. P.O. Box 1948 Greeley, CO 80632 Reg. No. 8067 960.195 2406462 B-14b9 P-410 09/13/94 04:22P PG 9 OF 10 EXHIBIT A LEGAL DESCRIPTION 1. PARCEL 1: The S 1/2 of the SW 1/4 of Section 28,Township 2 North, Range 68,West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM a parcel of land conveyed to Robert J. Grigsby and Harriette K. Grigsby by deed recorded August 17, 1964 in Book 521 as Reception No. 1443172,being more particularly described as follows: Commencing at the Southwest corner of Section 28,Township 2 North, Range 68 West of the 6th P.M.; thence North 0 degrees 04 minutes East along the West line of Section 28 a distance of 1332.8 feet; thence South 89 degrees 53 minutes East 30.0 feet to the true point of beginning; being a point on the East line of the County Road right of way;thence South 89 degrees 53 minutes East, 1285.0 feet along an old,well established fenceline;South 0 degrees 04 minutes West 339.0 feet;North 89 degrees 53 minutes West, 1285.0 feet to the East line of the County Road right of way;North 0 degrees 04 minutes East, 339.0 feet along said right of way line to the true point of beginning. 2. PARCEL 2: The NW 1/4 of Section 33, Township 2 North, Rage 68 West of the 6th P.M., County of Weld, State of Colorado. 3. WATER STOCK a. 37 Shares of capital stock of Erie Coal Creek Ditch and Reservoir Company; b. 25 Shares of the capital stock of Leyner-Cottonwood Consolidated Ditch Co.; c. 10 Shares of capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company; d. 5 Shares of capital stock of Base Line Land and Reservoir Company; e. One fourth share of the capital stock of the Boulder and Weld County Ditch Company. 960495 2406462 B-145, P-410 09/13/94 04:22P PG 10 G. 10 Exhibit "C" WATER RIGHTS NAME OF TOTAL TRACT 1 TRACT 2 TRACT 3 TRACT 4 STOCK SHARES SENCENBAUGH MILES GRIGSBY MILES AVAILABLE Boulder and 1/4 1/4 Weld County Ditch Lower 10 5 5 Boulder Common Baseline 5 2.5 2.5 Lake Water Leyner 25 25 Cottonwood Erie Coal 37 37 Creek Ditch and Reservoir Company • 9601,95 AR2V064be 2406462 8-1459 P-410 09/13/94 04:22P PG 1 OF 10 EEC D0C Mary Ann Feuerstein Weld Co. , Clerk & Recorder 50.00 THE DISTRICT COURT, IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO Civil Action No. 92-CV 399 Div. I FINAL ORDER OF PARTITION FOR RECORDING Robert J. Grigsby, Plaintiff, v. 1. Jane G. Sencenbaugh; 2. Josephine Block Miles, aka Josephine H. Miles; 3. Vessels Gas Processing, Inc.; 4. K N Front Range Gathering Company, a Colorado corporation; 5. Amoco Production Company; 6. Howard Rasmussen. Defendants. and The Board of County Commissioner's of the County of Weld, State of Colorado, Intervenor. This matter coming on to be heard upon the Pleadings in the Matter and after Hearing the Court doth find and Order as follows: 1. SUBSTANCE OF THIS ACTION. This is an action for partition brought by Plaintiff pursuant to §38-28- 101,et seq.,C.R.S., 1982 Repl. Vol. 16A for the partition of certain real property and water rights owned by the Plaintiff and Defendants, Miles and Sencenbaugh. The legal description of the same and the water rights are set forth more fully at Exhibit A which Exhibit is attached hereto and incorporated by reference herein. The real property shall hereinafter be referred to as the "Subject Real Property"and the water rights as the "subject water rights". Miles owns an undivided fifty percent interest and Sencenbaugh and Grigsby each own an undivided twenty-five percent interest. 2. FINDINGS OF FACT. After consideration of the evidence in this matter the Court makes the following findings of fact: a. The Subject Real Property is located in the County of Weld and the State of Colorado. 960435 Hello