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Home My WebLink About961042.tiff m; rn - r . I 0 QY 1: , e_ .,i i •a aap p m - IS i"o p iEC .1�e cL=$a�cs;L a.! 66�� ¢ •q 1 nO • E 6 .Q €i; Cgez'_= Sty^=o•rC .i• gli Liu 2"f2i..r C"•• •'i ■C Y .3 L * 1ia� IY I } i:°C _ . Itr*S'p'.L�r=B•3-e E°18 .14 a T- - Nun i' Ct5—L♦ •u L= C_a •EN.: I"TiQ gil C• °rR zFr,,m $g ° fir■ d og Z v 3 0:2 `uy -$r gett2��ga 9_t•ci �86 o S N ii tt -2 `=age'- =y+l5 g o lso '0 °'• �ii ir-:ua1�y�'v0Z F }� a $t i y•- y� ° 3p • ' a :dI g-. cLc : riu - 11 o€S ��" . s <:Y chi$ Eig nis N12mi S _?.E. i i$ 0 � � Y/ c to N. . �a s O o - 6 Zo -. Z I ;fl Z i' a; k E i 1- 4 %.,3 E —0i ii L 4 1W-11. A., 1 1 i LI .1 o3 WELD COUNTY ROAD NO. 37 WiW E; Z o —J L— N00.02'O8'w - - 2648.37'- _i_ a I air i3 11 4I4 ; Xa x sour sear— i r Q arl se W 1-441 2 I I 3 If W o°` RI 1 0 c" a sm '= Aa ' ; 6 0 1 l s1 1' 62 p 3g . .E Z e $t i 7 Y_ ig 1 2 u' $- =E c 'S I■ E' - _ W <-'a I • a O N iv IN cs,n 1,1 v 3 `°" E n S .• .3 n U � o - to c LU n m s$ ° ^ z s S 7e . 2 4 8g i$3 O S00'02'08"E 25913.06' o ' ' cc I I�.tg. 0 G • n •., . oh �� I tP. d Ui Z o I A : _ p $ s gI p8 b I I a 1 II Z i S� in I 3 2oa iL _ a -•o } U a ,2B IETi'ii 8 W t. r- cnin29i .`¢ 3 W gu Z a � Z ;aa;: 21 lii +-tn .... . 2 m.,1-,t; !hi] is A °' in J 1 9 O 0 � � � '. a /8214 ys z :_ vJ 9 m A Etg I20, � .. € i —I 1 b a .. ts`"s c J i tli I I w `.9 s9 g 3 ----: L. WE J o= y E3f z ' S o3'6 V �- .gs3 i I H E a• 2 ` !fly A x 1 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1892 -JAMES BROWN FARMS COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #1892, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1892 was submitted by James Brown Farms Company, do A. Bruce Johnson, 801 8th Street, Suite 220, Greeley, Colorado 80631, for property which is located in part of the E1hNE1/4 of Section 1, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 78 acres and 2 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1892 submitted by James Brown Farms Company be, and hereby is, approved conditional upon the following: 1. Community sewer service may be available from the Town of Eaton. In the event the proposed structures are located within 400 feet of any community sewer system, the structure must be served by that system. A Weld County septic permit is required for any proposed home septic system and shall be installed according 1Ito the Weld County Individual Sewage Disposal regulations. 2. Prior to recording the plat, the applicant shall dedicate a building envelope for the purpose of maintaining productive agricultural land on Lot B. The proposed building envelope shall be submitted to and approved by the Department of Planning Services. The approved building envelope shall be delineated on the plat prior to recording. 1 961042 RE1892 7 P5 Lf-o c4-)n11C h f. n RE: RE#1892 - JAMES BROWN FARMS COMPANY PAGE 2 3. All existing and future accesses shall be maintained in compliance with Department of Public Works requirements as stated in a referral dated April 30, 1996. 4. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D., 1996. BOARD OF COUNTY COMMISSIONERS Aortir` WELD COUNTY, COLO DO e.;1 E dvuL_ • I ' `'. a1Gx'(•tl Barbar J. Kirkmeye , 9riair $P-214 y Clerk to the Board rgeBaxter, Pro-Tem spu k___Ykai2,(_._. ilia eputy Clerk he Board Da a K. Hall AP D AS TO F M' Constance L. Harbert ounty Attorne W. H. Webster 961042 RE1892 2\r \\ dGo�� RECORD OF PROCEEDINGS # \°�' -_ MINUTES leoBOARD OF COUNTY COMMISSIONERpS WELD COUNTY, COLORADO JUNE 12, 1996 Icat TAPE #96-16 AND #96-17 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, June 12, 1996, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem - TARDY Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of June 10, 1996, as printed. Commissioner Webster seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES - DONALD FRIELER, BUILDINGS AND GROUNDS DEPARTMENT: Chair Kirkmeyer read said certificate into the record recognizing Donald Frieler for his ten years of service. Mr. Frieler was present to accept said award, and Pat Persichino, General Services Director, presented him with a retirement pin. PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, requested this matter be moved to the end of New Business. BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to be presented. 961036 BC0016 BUSINESS: NEW: CONSIDER CONTRACT BETWEEN COMMUNITY CORRECTIONS BOARD AND COLORADO DEPARTMENT OF CORRECTIONS AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated this contract concerns a program for parolees. Jan Spangler, Community Corrections, explained these expenses for intensive supervision services provided by The Villa at Greeley, Inc., were previously reimbursed from the Division of Criminal Justice as non- contract funds. Commissioner Baxter moved to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner Webster, and it carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT AND ANNEXATION OF CERTAIN ROADS ADJACENT TO CITY OF DACONO, COLORADO, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker suggested this agreement be postponed to allow the City of Dacono further time for review. After discussion, Commissioner Harbert moved to continue said matter to Wednesday, June 19, 1996, at 9:00 a.m. Commissioner Webster seconded the motion. Chair Kirkmeyer confirmed the Board would be provided with an updated agreement at that time, and the motion carried unanimously. CONSIDER AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 27.5 WITH LOUIS EVANS SPOMER, AKA LOUIS E. SPOMER, ELIZABETH CRAVEN ELLS, FORMERLY ELIZABETH CRAVEN SPOMER, ELIZABETH LOUISE SPOMER MAYNARD, AND ERIC LOUIS SPOMER AND AUTHORIZE CHAIR TO SIGN: Drew Scheltinga, County Engineer, explained this agreement is to obtain 3.8 acres of right-of-way for the major reconstruction project on Weld County Road 27.5, at a cost of $20,000.00. He noted the relocation of the irrigation facilities and the replacement of trees has been considered; the triangular-shaped parcel of land will be recognized as a separate parcel that can be sold without any further action by the County; and the County will vacate the unused rights-of-way and allow the Spomer family to relocate and reconstruct its irrigation facilities in the new right-of-way. Mr. Scheltinga clarified for the Board the amount includes any damages to the property and covers all aspects concerning right-of-way, irrigation facilities, trees, etc., and not just the purchase of the land itself. Commissioner Harbert moved to approve said agreement and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN: Ms. Spangler stated this agreement is the sub-contract with The Villa to provide the actual services provided for in the previously approved contract with the Colorado Department of Corrections. Commissioner Harbert moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Webster and carried unanimously. Minutes, June 12, 1996 961036 Page 2 BC0016 WARRANTS: Mr. Warden presented the following warrants for approval by the Board: All Funds $ 672,003.54 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. PLANNING: CONSIDER RE #1873 - PREIST (PLANNER EASTIN): Shani Eastin, Planning Department, explained RE #1873 was originally staff approved on April 23, 1996; however, the applicant has requested to expand the size of Lot A from 14 to 34.9 acres, and staff has concerns. Responding to questions from the Board, Ms. Eastin further explained the plat has not yet been recorded; therefore, there is no need for an amended recorded exemption. She also reiterated staff concerns. Ruth Preist, applicant, noted corrections on the map and stated she maintains a flock of 150 unique sheep for which she needs more than 14 acres. • Referencing staff concerns, Ms. Preist clarified there are no further land split speculations, and the fences are easily removed and installed for rotational grazing. She explained they were unable to obtain a survey for the exact acreage at the time staff approved the original exemption and her representative advised her to submit it for 14 acres. Ms. Preist explained the proposed Lot A would be 35 acres and would be irrigated from the headgate. She noted 90 acres is too difficult to farm and 14 acres is not enough for her sheep; therefore, adding an additional 20 acres, which is a very large investment, should provide an economic and agricultural return. Ms. Preist reviewed her experience with land planning and its importance. Responding to further questions from the Board, Ms. Preist stated the remaining 70 acres in proposed Lot B may be purchased by her nephew for a cattle business, or it may be sold because she can no longer maintain it. She stated she agrees with all Conditions of Approval and explained she built a house on Lot B two years ago and met all requirements at that time. Ms. Preist confirmed she now intends to build a house on Lot A and maintain her livestock facility. She noted the compromise she made will maintain two agricultural operations, and she reiterated the electric fences are used for rotational grazing. Ms. Preist confirmed the drawing prepared by Intermill Land Surveying is correct, and the grass seeded on Lot A is now growing. No public testimony was offered. Commissioner Harbert moved to approve RE#1873 for Donald and Ruth Preist, with the Conditions of Approval as recommended by staff. Commissioner Webster seconded the motion. Chair Kirkmeyer confirmed no new accesses will be permitted, and the motion carried unanimously. CONSIDER RE #1892 - BROWN (PLANNER GORANSON): Chris Goranson, Planning Department, requested this matter be considered with the following item of business, SE #588, and entered staffs recommendation into the record. (Changed to Tape #96-17.) He confirmed for the Board there is a house existing on proposed Lot A and on the proposed subdivision exemption lot which Minutes, June 12, 1996 961036 Page 3 BC0016 are both less than one acre in size. Bruce Johnson, applicant's representative, confirmed a building envelope on Lot B is acceptable and suggested it be placed on the west side of Weld County Road 37 and the north side of the field road. Chair Kirkmeyer confirmed no new accesses are necessary and all Conditions of Approval are agreeable. Mr. Johnson confirmed the existing lots have existing sewers and the remainder of the property is farmed. Responding to questions from the Board, Mr. Barker confirmed the building envelope concerns only the recorded exemption and will not restrict any future subdivision development. No public testimony was offered. Commissioner Webster moved to approve RE #1892 and SE #588, with Conditions of Approval as suggested by staff. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER SE #588 - BROWN (PLANNER GORANSON): This item was discussed and approved with the previous item of business, RE #1892. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO N./ i- F2,- . 41,ik ' ' 41,(44 / , • Barbara J. Kirkmeyer, hair rs6r X--/ \ �� c;; ' to the Board " ftimir 'a, r r .� 3/ . K a��_, rge Baxter, Pr Tem 7 1 s� l 411, °Mrir er _Fa the Board L)"� t _{a \Dale K. Hall (7.„,4--I2-3-7. —"1,.--2-'--e-e--r,k -r_A51_eci7/ Constance L. Harbert fi fk/ I 1)) /P A . W. H. Webster d I Minutes, June 12, 1996 961036 • Page 4 BC0016 I • RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JUNE 12, 1996 TAPE #96-17 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, June 12, 1996, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: • Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tern Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: Commissioner Webster moved to approve the minutes of the Board of Social Services meeting of June 10, 1996, as printed. Commissioner Hall seconded the motion, and it carried unanimously. WARRANTS: Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by the Board in the amount of$8,262.00. Commissioner Baxter moved to approve the warrants as presented by Ms. Miller. Commissioner Hall seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. 961035 • BC0016 There being no further business, this meeting was adjourned at 9:55 a.m. BOARD OF COUNTY COMMISSIONERS • WELD COUNTY, COLORA O .: .�� .d��.► 7A Li( G ‘/ ,r,< 7�-t-/-h� ' 4 �� arbara J. Kirkmeyer, hair 1C• 7a�4V ; to the Board �7 Y n �► �� ,, lc_ ) it,a..J2,,t„_, C eorge Baxter, Pr -Tem I �erk the Board ?_ m" Dale K. Hall a.,2.... -.„.„e__2 ,Kx.//,,y, Constance L. Harbert Ju4 tL/L2 ? W. H. Webster I Social Services Minutes, June 12, 1996 961035 Page 2 BC0016 RECORD OF PROCEEDINGS AGENDA Wednesday, June 12, 1996 TAPE #96- * ROLL CALL: Barbara J. Kirkmeyer, Chair George E. Baxter, Pro-Tem Dale K. Hall Constance L. Harbert W. H. Webster MINUTES: Approval of minutes of June 10, 1996 ADDITIONS TO AGENDA: APPROVAL OF CONSENT AGENDA: PRESENTATIONS: 1) Recognition of Services - Donald Frieler, Buildings and Grounds Department PUBLIC INPUT: (Each individual is allowed a three-minute period of time in which to address the Board of County Commissioners on topics which are not on the Board's agenda. Please be aware that the Board may not be able to address your topic today. If the Board is unable to do so,the matter will either be referred to staff or scheduled for a work session. If you wish to speak regarding issues which are likely to be heard by the Board in a public hearing,such as a land use or violation hearing, you will be asked to give your testimony at that hearing, either in person or in writing. Public input on any topic shall be limited to 15 minutes.) COUNTY FINANCE OFFICER: 1) Warrants BIDS: 1) Present Bids BUSINESS: NEW: 1) Consider Contract between Community Corrections Board and Colorado Department of Corrections and authorize Chair to sign 2) Consider Intergovernmental Agreement for Improvement and Annexation of Certain Roads Adjacent to City of Dacono, Colorado, and authorize Chair to sign 3) Consider Agreement concerning Improvement to Weld County Road 27.5 with Louis Evans Spomer, aka Louis E. Spomer, Elizabeth Craven Ells, formerly Elizabeth Craven Spomer, Elizabeth Louise Spomer Maynard, and Eric Louis Spomer and authorize Chair to sign 4) Consider Agreement for Non-residential Intensive Supervision Program Services and authorize Chair to sign 961024 BC0016 • Page 2 of Agenda PLANNING: 1) Consider RE #1873 - Preist (Planner Eastin) 2) Consider RE #1892 - Brown (Planner Goranson) 3) Consider SE #588 - Brown (Planner Goranson) SOCIAL SERVICES BOARD ROLL CALL: Barbara J. Kirkmeyer, Chair George E. Baxter, Pro-Tern Dale K. Hall Constance L. Harbert W. H. Webster MINUTES: Approval of minutes of June 10, 1996 %WARRANTS: — .. , . ;r„cn County Finance Officer Wednesday, June 12, 1996 961024 E C 0016 CONSENT AGENDA APPOINTMENTS: Jun 12 - Juvenile Community Review Board 12:00 PM Jun 13 - Area Agency on Aging 9:00 AM Jun 17 - Work Session 10:00 AM Jun 17 - Greeley/Weld Chamber of Commerce Board 12:00 PM Jun 18 - 911 Telephone Authority Board 12:00 PM Jun 18 - Planning Commission 1:30 PM Jun 19 - EDAP Board 7:00 AM Jun 19 - Poudre Trail Board 7:00 AM Jun 20 - Placement Alternatives Commission 12:00 PM Jun 20 - North Front Range Water Quality Board 7:00 PM Jul 4 - HOLIDAY Jul 5 - HOLIDAY HEARINGS: Jun 12 - Special Review Permit for an outdoor recreational facility (hunting, fishing, field dog trialing, and bird raising) in the A (Agricultural) Zone District, Greg G. Baker [Located south of and adjacent to Weld County Road 54; east of and adjacent to Weld County Road 13] - Planner Dunn 10:00 AM Jun 12 - Special Review Permit for a Bed and Breakfast Recreational Facility (Dude Ranch) in the A (Agricultural) Zone District, Sharon Strunk [Located northeast and adjacent to Weld County Road 390; southwest and adjacent to Weld County Road 390; south and adjacent to Weld County Road 77] - Planner Hodges 10:00 AM Jun 24 - Post-Award Hearing, Weld County Bridge #50/67A and roadway to north 9:00 AM Jun 24 - Change of Zone from A (Agricultural) to PUD (Planned Unit Development) C-1, C-2, C-3, I-1, and 1-2, Rocky Mountain Trust, c/o Rusty Green [Located north of and adjacent to Weld County Road 22; approximately '/< mile east of 1-25 Frontage Road] - Planner Eastin 10:00 AM COMMUNICATIONS: 1) Planning Commission minutes from June 4, 1996 2) Richard and Elaine Koester re: 1-25 Mixed Use Development Area Comprehensive Plan Conceptual Land Use Map 3) Joan M. Albi, Senate Chamber of Colorado - Senate Join Resolution 96-19 re: Inclusion of Highway 85 from Greeley to Colorado-Wyoming Border in National Highway System Continued on Page 2 of Consent Agenda Wednesday, June 12, 1996 961024 BC0016 Page 2 of Consent Agenda RESOLUTIONS: * 1) Approve Grant Proposal from Health Department, on behalf of Northeastern Front Range Colorado Solid Waste Action Group, for Assistance from Governor's Office of Energy Conservation * 2) Approve request from Vegetation Management Specialist to enter on certain private lands to carry out weed control measures * 3) Approve revision to General Administration Section of Administrative Manual * 4) Approve Agreement for Use of Geisert Pit for Fireworks Show with Greeley Independence Stampede Committee * 5) Establish Special Trust Fund for Case #95-CV-61 Deposit * 6) Approve vacation of Weld County Road 22.5 from half-section line of Section 7, T2N, R66W, west to South Platte River * 7) Approve temporary closure of Weld County Road 37 between Weld County Road 8 and Highway 52 * 8) Approve closure of Weld County Road 97 between Weld County Roads 52 and 62, for an indefinite period; cessation of maintenance duties thereon; and authorization for Bret Sirios to perform emergency measure ray of said•stretch of Weld County Road 97 with the intention of reducing dirt blowing onto properties located east thereof * 9) Approve SCH #16 - Martin/Dierks (Planner Goranson) *10) Approve RE #1898 - Rule (Planner Keithley) PRESENTATIONS: * 1) Recognition of Services - Donald Frieler, Buildings and Grounds Department * Signed this date Wednesday, June 12, 1996 961024 BT3016 t STAFF SUMMARY Case Number: SE-588 in conjunction with RE-1892 James Brown Farms Co. Planner: Chris Goranson APPLICANT: James Brown Farms Co. LEGAL DESCRIPTION: Part of the E2 of the NE4 of Section 1 , T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 74; west of and adjacent to WCR 37. ZONE DISTRICT: A (Agricultural) ACREAGE: Lot A - Less than one acre SE Lot - Less than one acre Lot B - 78 acres, more or less PROPOSED USE: Lot A - Residential use SE Lot - Residential use Lot B - Agricultural production • WATER SUPPLY: North Weld County Water District services both Lot A and the SE Lot, a tap from the North Weld County Water District is proposed for Lot B. SEWER: Public sewage disposal is provided for both Lot A and the SE Lot by the Town of Eaton. A septic system is proposed for Lot B. ACCESS: Access to all proposed lots is existing from WCR 37 and WCR 74. SOIL CLASSIFICATION: Prime Farmland of Statewide Importance if irrigated. I 961042 CONDITIONS OF APPROVAL James Brown Farms Co. SE-588 / RE-1892 1. Community sewer service may be available from the Town of Eaton. In the event the proposed structures are located within 400 feet of any community sewer system, the structure must be served by that system. A Weld County Septic Permit is required for any proposed home septic system, and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Prior to recording the plat, the applicant shall dedicate a building envelope for the purpose of maintaining productive agricultural land on Lot B. The proposed building envelope shall be submitted to and approved by the Department of Planning Services. The approved building envelope shall be delineated on the plat prior to recording. 3. All existing and future accesses shall be maintained in compliance with the Department of Public Works requirements as stated in a referral dated April 30, 1996. 4. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. 961042 MAY-06-1996 20:04 P.01 { mEmoRAnDum 1.1 ■ Chris Goranson To Weld County Planning a May 6, 1996 11 From Trevor Jiricek, Supervisor, Environmental Protection Service ik Subject Case Number: RE-1892/SE-588 Name: James Brown Farms PT NE4 of Section 01,Township 06 North, Range 66 West Environmental Protection Services has reviewed this proposal: the following conditions are recommended to be part of any approval: 1. Community sewer service may be able from Town of Eaton. In the event the proposed structures are located with in 400 feet of any community sewer system , the structure must be served by that system_ TJ/rb,0481 Weld County Planning Dept. MAY 0 7 1996 RECEIVED • 961042 05/06/96 19:02 TX/RX NO.3932 P.001 ADMINISTRATIVE REVIEW FLOW SHEET CASE# LeQa APPLICANT: U YlMES BQOI)N VA Z WIS Co. REQUEST: cE Iru co Na«NC 1b .0 rr 4 AA.) se LEGAL: Try ea. met/ (- (O - (Dea LOCATION: Bain"H O r ; pos p i.rt To LOaz. 7 y `) UJ i- o ADS ace for TO Wce- -TT, PARCEL NUMBER: Date By Application Received 4-1-1 C�( G\ib Application Completed //`//�� Referrals listed L., - 15 - �, �--�,j File assembled '1\ ,--I\C(D Letter to applicant mailed l� lC�(n c Vicinity map prepared Referrals mailed 4) A \t rn Chaindexed I c�\VI C , 4-8 Field check by DPS staff Administrative Review decision: History card completed Date By COMMISSIONER HEARING DATE Surrounding property owners notified Air photo and maps prepared CC action: 0\A CC resolution received History card completed Recorded on maps and filed I r lly-q 0 /11 Overlay Districts Zoning Yes No 0461 ,V Airport Yes No- 14 Geologic Yes No of Flood Hazard Yes Now �1/ �I��JJ a . bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LANE RESOURCE SPECIALISTS Greer, Colorado 80631 (303) 356-6110 (303) 352-8761 Fax March 30, 1996 Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8th Street, Suite 220-I a6,7 Greeley, CO 80631 who is the agent in this matter. If you need any further information, he will try to acco , odate your reasonable requests . 1 . Attached is a completed . .placation (plus five copies) for a recorded exemption . - ..--- - currently owned by James Brown Farms Co. , a Colorado •. .- nershie, the applicant in this matter. Subject land shall be e E'i2NW1 of Sec-ion 1, Township 6 North, Range 66 West of the 6t P.M. , Weld C. . ty, Colorado (an exact legal will be by metes and .rvey. The applicant is submitting a subdivision exemption to split the two existing houses 1 simultaneously. 2 . Included is the original completed recorded exemption questionnaire (plus five copies) . Also included is the applicant ' s response to the Recorded Exemption Criteria examples . 3 . Attached is an 81ex 11" map (plus five copies) drawn to include the following items : a. Boundary of the property b. Boundaries of the two proposed lots plus the SE proposed lot c. North arrow d. All existing and proposed lots e . Name of existing roads or highways abutting the property f. Easements and/or rights of way g. Existing structures including: dwellings, no mobile homes, outbuildings, no pens, irrigation ditches, no oil and gas well production facilities Colorado-Nebraska-Wyoming • Farm & Ranch • Water Appraisals• Sales• Exchanges • Minerals • Consulting 9Dj. d 112 Department of Planning Services Page Two March 30, 1996 4 . Included is the original Weld County Road Access information sheet (plus five copies) . 5. One copy of the Certificate of Conveyance from Weld County Title with a copy of the deed included to identify the applicant' s interest in the property. 6. The North Weld County Water District letter is included to indicate existing service and availability of water service to each proposed lot . 7 . The original Certificate of Conveyance form and attachments are included in the original packet. 8 . A company check for $990 from A. Bruce Johnson & Associates, Ltd. is included as payment of the application fee. 9. The $11 recorded exemption plat (mylar) recording fee will be submitted at the time the mylar is submitted (after approval) according to Section 11-7 of the Subdivision Ordinance. Thank you for your assistance in this matter. Sincerely, JAMES BROWN FARMS CO. a Colorado partnership B y: 11 ec � "' Nancy B ..,�rdian Attachments : Application Recorded Exemption Questionnaire Map Weld County Road Access information sheet Certificate of Conveyance North Weld County Water District letter Check for application fee 961042 f APPLICATION FOR RECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540, Fax# (970) 353-6312 FOR PLANNING DEPARTMENT USE ONLY: APPLICATION FEE ?R) GJ RECORDING FEE CASE NUMBER RECEIPT NUMBER 3.„D( 5� ZONING DISTRICT APPLICATION CHECK _ . k"w' TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: ENE of Section 1, TWP 6N, R66W TOTAL ACREAGE: 80 ± Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x S.E. simultaneously submitted Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_No X ;Airport: Yes_No X ; Geological Hazard: Yes_No X FEE OWNERS OF PROPERTY: Name: James Brown Farms Co. Home Phone# 454-3702 Address: 17960 WCR 74 Work Phone# 356-6110*Bruce Johnson City/State/Zip Code Eaton, CO 80615 *ROn 5 Name: A. Bruce Johnson Home Phone# Address: 801 8th Street, Suite 220 Work Phone# (970) 356-6110 City/State/Zip Code Greeley, CO 80631 Water Source: Larger Parcel NWCWD proposed Smaller Parcel NWCWD existing each Type of Sewer: Larger Parcel ISDS/Town of Eaton Smaller Parcel Town of Eaton Proposed Use: Larger Parcel Farm-Ag existing Smaller Parcel Residental existing Acreage: Larger Parcel 78 ± Smaller Parcel 2 ± Existing Dwellings: (Yes or No) No (Yes or No) Yes 2 houses, 1 garage *an existing domestic well is used to irrigate the yards for both houses Existing Dwelling Address (if applicable): • 1A' Larger Parcel none kid vVUn Smaller Parcel P►arming Dept, I hereby state that all statements,proposals,or plans submitted with this app nnaw tr,0 and correct to the best of my knowledge. JAMES : , NL11t I1I1 6CO. By t awn v . Sig ' n71 r '' ,' d Agent Nancy Brown, •a Partner 961012 RECORDED EXEMPTION QUESTIONNAIRE 1 . Water Supply Statement: The included North Weld County Water District letter of service states both existing houses have water taps . The letter also states that water service is available for proposed Lot B. There is also a non-registered domestic well used to irrigate the lawns and garden. The irrigation water historically used to irrigate proposed Lot B will remain with Lot B. The foregoing water supply is of sufficient quality, quantity and dependability based upon historic use. 2. Sewage Disposal: The existing two houses are on the Town of Eaton' s sewer system. The proposed Lot B will either be Town of Eaton, if along WCR 74 or ISDS according to the Weld County Health Department if along WCR 37 . 3 . Property Use: Proposed Lot A will remain residential as in the past eighty (80) plus years. No additional land will be removed from agriculture. Proposed Lot B will remain agriculture with a minimum impact (less than 1 acre) in the event of a rural residence. It is projected that an annexation to the Town of Eaton may occur prior to another rural residence since subject property is adjacent to the Town of Eaton. 4 . Reason for Application: The partnership desires to sell the farm assets and retire. The managing partner lives in one of the houses and the other house has been used by another partnership member. Members of the partnership desire to continue living in the houses . 5 . Location, Size and Use: See map and road access sheet to show relative location and size. As to use, see paragraph 3 above. Lot A will be approximately 100 feet east and west, and approximately 200 feet north and south, and will contain the existing access from WCR 74, the westerly 2-story house and garage. The subdivision exemption will contain the existing access from WCR 37, the easterly ranch-style house will be approximately 200 feet north and south and approximately 200 feet east and west between Lot A and WCR 37 . Lot A will be approximately 20, 000 square feet and the subdivision exemption approximately 40, 000 square feet. Lot B will be approximately 78 acres . 6. Municipal Plan Consistency: The land in this proposal is within the 3-mile radius of the Town of Eaton. It is adjacent to the south edge of the Town of Eaton. Lot A and subdivision exemption application is already using Eaton services . This application does not add any additional impact to the Town of Eaton. The impact will be sometime in the future when the owner of Lot B and the Town of Eaton desires to annex same. Until then, everything will be as in the past. According to Weld County policy, the Town of Eaton will be contacted for its review and recommendation. 961.042 7. Surrounding Land Use: The land to the north is the Town of Eaton (residential) . The land to the east, south and west is irrigated farmland with rural residences and related farm buildings . This application does not intend to change the use of the land included in the application nor will it be different than the neighboring land. 8 . District Intent: This application does NOT remove irrigated farmland from production. Lot A residence will not be enlarged, and Lot B will remain irrigated farmland. That impact upon irrigated farmland should be mitigated at the time of the building permit addressing the salient factors at that time rather than speculate at this time. In all probability, annexation will occur prior to the desire of a residence on Lot B. 9 . Subdivision Ordinance Section 1.3: a. The recorded exemption process is orderly and is integrated into the planning process. It accomplishes one' s private rights to retain one ' s residence while selling the farm when retirement is desirable. b. This application preserves prime farmland while fostering economic health and continuance of agriculture. Existing water supplies, accesses and land uses do not change and will continue at the highest level available and practicable today. The mental health and financial stability will be maximized by the approval of this application. c. This application ensures one' s rights to retain a residence when retiring, while it does not impact the future annexation when desirable, but does restrict additional rural residences until the annexation/subdivision process occurs . d. The Town of Eaton will be contacted through the "referral" portion of the recorded exemption application process for the coordination of its improvement plans or programs . It is the intent of the applicant to cooperate with this process . e. This is NOT a subdivision. This application by its design allows existing residences to remain as residences and the farmland to remain farmland. This enhances the agricultural district until annexation and related subdivision occurs. f. The big safeguards are retaining existing residences and buildings, existing utilities and access to protect the public and applicants . A subdivider is NOT involved at this time. g. It is the intent of the recorded exemption process to provide uniform procedures and standards and by the parameters of this application secures equitable handling of the split of existing houses (for retirement purposes) from the farm. 9619A'2 411 h. There is no wooded terrain in this neighborhood other than residential landscaping normal for the area. i . This application preserves the maximum amount of agricultural land in its present form which promotes its most productive agrarian use. The farm remains a farm and the buildings are allowed to be separated. j . Irrigation water flow and availability are not impacted. They will remain as in the past. k. Natural vegetation was changed over a 100 years ago when irrigation began; however, irrigated farmland will continue and the rural residences and its related landscapes will remain intact. This retains the existing residential landscapes and rotating irrigated crops . 1 . This application does not impact erosion, sedimentation or other pollution of surface and subsurface water. Nothing will change from the highly successful historical plan. m. Flood control has not historically been a factor for either Lot A or Lot B. This is because of the development of waste water flow from irrigation and the natural lay (terrain) of the land. n. There is NOT a flood hazard and the soil is conductive to high absorption and low to moderate erosion. o . Landslides, mud flows and other geologic hazards are not applicable at this site due to terrain and sandy loam soil types . p. 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',z7 ;;•,..- . •. : , 9610(12 • 7.•.•'''';'”.......4 44- ' 4•4:11.rttSZ 1AF 1;1: ! li'V#1.0; '.•''•''''''''" '71-C4'- , lir•-. ;:' - .0'''..--- ,' „ •-4„..,,,,......,,,„.„:.,,,,..„,,,,-;,: .,,,.• ,.,,„ ,,,, „a. , ,..-3,,,„., . 0. ..._,." '•-•,..-',"+ -..• 1:730:'`"3.-.'-; „,..-e -':a lf 4,74-4.5,4" '.1 '-- ;; . . • • ='‘r-';:, 'T ..,t. ,,-. - .r. _ • : ___ WELD COUNTY ROAD ACCESS INFORMATION SHEET . }_ Weld County Public Works Department 933 North 11th Avenue, P.O.Box 758,Greeley,Colorado Phone: (970) 356-4000,Ext. 3750 zgx.444,, 1. Applicant Name � Ai:'�'LuO Phone 356-'b1/D Address /�96 I' '7 City ,C; =v— State Zip c.E1,b( C— 2. Address or location of access • Section / Township 1p A Range b b (f/ Subdivision Block Lot Weld County Road# 3 `7 _ _Side of Road `,f/N S E or ___) Distance from&number of intersecting MO .t,42.,pakeb We 4-7 ct 3. Is there an existing access to the property? Yes X No #of accesses v 4. Site Sketch: V l j LS Lt.7 -----777): r C I I ropy'14 Y # �- G - - - - 4 r-u-r¢-1-€ atexAmAril 5. Proposed use: Ek' ' I Permanent )C 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: 7 96.1012 r(514 a ), atilt . Weld County Planning Dept, APR 2 6 1996 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 Fl ECE1VEn FAX (970) 353-6213 WELD COUNTY ADMINISTRATIVE OFFICES Wilk1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 17, 1996 CASE NUMBER: RE-1892/SE-588 TO WHOM IT MAY CONCERN: Enclosed is an application from James Brown Farms Co. for a Recorded Exemption in conjunction with a Subdivision Exemption. The parcel of land is described as the E2 of the NE4 of Section 1, T6N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 74; west of and adjacent to Weld County Road 37. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 8, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Chris Goranson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. EATON FIRE PROTECTION n / Q 7 DISTRICT Signed:n(i' it Zi / £�"t gency: .`� P.O. BOX 582 1 Date: `/- 2 (74 - (p Eft I UN, CO 80615 961942 Fm(i . 7 a %114. \erg°IaCk. DEPARTMENT OF PLANNING SERVICES Qua PHONE (970)353-6100, EXT.3540 e`aGpv�� FAX (970)353-6213 vii.0 R�� 996 WELD COUNTY ADMINISTRATIVE N. 17TH AVENUE PQ �® GREELEY, COLORADO 80631 COLORADO �v G� April 17, 1996 CASE NUMBER: RE-1892/SE-588 TO WHOM IT MAY CONCERN: Enclosed is an application from James Brown Farms Co. for a Recorded Exemption in conjunction with a Subdivision Exemption. The parcel of land is described as the E2 of the NE4 of Section 1, T6N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 74;west of and adjacent to Weld County Road 37. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 8, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Chris-Goranson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: ease ref.7 •)- - enclosed letter. TOWN OF EATON 223 First St; :t igned: J/ Agency: Eaton, CO 80615 Date: 4 961042 RECEIVED APR 1 9 1996 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 353-6213 WELD COUNTY ADMINISTRATIVE OFFICES O 1400 N. 17TH AVENUE • GREELEY, COLORADO 80631 COLORADO April 17, 1996 CASE NUMBER: RE-1892/SE-588 TO WHOM IT MAY CONCERN: Enclosed is an application from James Brown Farms Co. for a Recorded Exemption in conjunction with a Subdivision Exemption. The parcel of land is described as the E2 of the NE4 of Section 1, T6N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 74; west of and adjacent to Weld County Road 37. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 8, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Chris Goranson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. , n1 Signed: Agency:• Date: SfiiO(12 AAP. C;) 4K&If(f EORRflDU 1 C To Chris Goranson, Current Planner Date April 30, 1996 COLORADO Don Carroll,Project Coordinator From Subject: RE-1892/SE-588, James Brown Farms This is an 80-acre parcel. Subdivision Exemption: There is an existing structure on the subdivision exemption parcel. This structure is very close to the intersection with an existing circle drive in place. If we close the north end of the circle drive, the applicant would have to back out on to WCR 37 to access the road. I recommend that this be left as is; however, if there a new structure to be built on the property, that the access point be limited to one access per legal parcel and located away from the intersection as far as possible. RE-1892 Access: Lot A: Lot A has an existing structure and garage. It accesses from WCR 37. The secondary access to Lot A is from WCR 74,which is a small access to a well house. This is considered an agricultural access. Lot B: Lot B is an agricultural section with two access points from WCR 37,the north access point adjacent to the concrete irrigation ditch accesses to a water well pump. The south access is at the south end of the property,which is an agricultural access to the field. No additional accesses will be granted to either of these parcels. cc: Commissioner Hall RE-1892 file SE-588 file plan10 Weld County Planning Dept. MAY 0 1 1996 REC ;:EiVED 112 I / : WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970) 356-4000, Ext. 3750 �CL /{ �r� Phone .3s6'"4//r' w�Y 1. Applicant Name ` Du'�-co �.wuo Lc 2‘ Address / 799( at -74, City cd -v-- State L`.e Zip SO G/ c 2. Address or location of access ` • Section / Township r A,1 Range 6'6 a/ Subdivision Block Lot Weld County Road # 3 "7 _ _Side of Road . `:t/N S E o'er% Distance from &number of intersecting /CO `�'/io.t-cL i 46 JJC IC_7 c 3. Is there an existing access to the property? Yes k No #of accesses 4. Site Sketch: Li ` (S) A) v „LA..-.... i , I j LYS p `J 1 i,(,?c F^- 7 i 1,/ I NQ.- --zi, 11 h t i sz' ‘.. _ ..1.Q.`. i_ .: r------- H �e.. �LGy `J � �k.��5. Proposed use: � i t= Permanent ResidentiaUAgncultural — Industrial r\ _ Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road 74- ADT °IDS Date (t` ei i Accidents 96 Date Road 37 ADT 156i Date 4- O Accidents / Date 1- 2 fr-42 Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions 5Ez 4 i - Le trEr. 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'�• •• •1 EAh rs r,.11s.a s° T • ' •IL _ - ■oil ! • D[■ :I • IS_ ° ,,I"fir' '+•s ` __� .:iT. •°-1 1 l mitit_ EaliM oCna `ice'�` / `dam'' "� - - I, � ` ,..l. ( .. °1 11 • 1 reat; I / > •.ai �f' AIlr'.� .l •( ° ,.CO.altr%i iI ' xc3 •, 1 f . •• •• • . _ _.. . .•>�: •.• •�� :^liter. so tl - 'I I r 111/ ca 3 „ �1��„ Th 11 19 2 , r"; (,�° I -•' !' , '1IIISI Irl._O • • 9. s .l.�w�•str�. ' .IL ti' 1-, . • •- • \\\J I A 1 . .I 10 \ I 900 ).:1. ? \74, 1 o � l , I Packard Br+l 63 W4864 Rexera,, i-- of 'pay0 0. ` 1 \.\\ : % -, L4: 1:: � 8, 4? \ colt I a I 913 6 �9e 7..: 2, , \11.0 �.. \ • II 1 .._../. ill 1 I D.' I, I, litiisk \ > t ,, p \ n 1, nIt II ' •p .n• 8 p•. — -- 4865 4856 ��- •0•11• . •vI \ ,I v 11NVI •I 1 \ II 1 '....'.: 0h / • 1. �________ _ - ( U I \4 6 'I` `I4846 � 2 411110 35 GREAT WESTERN V.\ r I/ �I" ..•,Jtl . '• . t A,4,1• •i/ I~ 1 ) . High Sch I 1 �.'-'- :r� ak :.1,, vuz 414 . :1(,• . 11: :-7; • \* \\._...1kr:E g" ____ 1 '2\\\): CO tT Z N , 6- - \ I ,..- 48/9 '• I48l61 / ill i 11 18q lilt • 1r h 1 • '. -0 I i \ I VIli). 1 co • \. ' 8 — Wells , / \ /,. • /.79 4-----�—-- . f ili lar../ •• )4tj/1yv(.1j \ I1. 1 12 7 I 8 4:95 (\\4804 / . 4V----) •�,hp cri____ I t.. 2100f101 C I 523 R.6:W R.65 W 42'3(r 7 525 GREELEY 54 MI 526 IGREELE DENVER 58 MI .•4 I N ,. crAI F 1 2, ... ._ . Tipift .I,*,--lliira.,-.: -..-410•10.4,i,.-.4'‘.'-:-7, - i . IVIII • / 4 , ii. dill' ,t si I. !. . . I 1 ' _ al. : . --. .? , 1 - , .a ; s ni• i , :ill i • r.- -.. .:If:4. e14-441111r , - : . .,,' 7. , t .,, -,h.:, ., 4.. 7 . - • . , • . .- a .. 1. . 1 I Illie- ' 1 i �. 'a t 1 I«• i'. _a ,,-- it a' � t �1 t i- /4 . A 4,.ti • ......_.. . _ II \OICewe '31$.." 1 4 L0-1- A- i r. ' ' 5 C•D f 1-, • 568 1 :., Liol- B , . , , , ,.. • __ . .. ,... ..t. , , , .. . . , ., i . , \ . . . -,.__•. .• . • �� ic 1 44 0/i ...•:•• • . Il . 3 ; • . I - ' I A e • • . . : . !': i \\\ , - . ''t , : .6., ?,• ,-:! 1.. ; ' a 7 \ \ I '_ / 1 r ` �` �` • '• 1 `\ • S I ' 5 ,` L` ` , 1 `^I 41 ^ • I r ;,sip.'"4:.., ,:::;;:,• , . \ \\ \ A 4 t ; w -- _ ‘ / ',5 i - • ( - ; r 1 ti f • The printed portions of this form,except(italicized)(differentiated)additions, have been approved by the Colorado Real Estate Commission.(CBS 3-1-94) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTI IFR COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH I CONTRACT TO BUY AND SELL REAL ESTATE March 4 ,19 96 1. PARTIES AND PROPERTY. Lind Land Co. and/or assigns buyers) �e)/(es;i�i/'tAMu4s4�t �S►�il+kirit4 9 ) agrees to buy,and the undersigned sellcr(s)[Seller],agrees to sell,on the terms and conditions set forth in this contract,the following described real estate in the County of Weld Colorado,to wit: 185 + acres located in NE4 and part of EzNWa of Section 1 , Township 6 North, Range 66 West of the 6th P.M Weld County, Colorado; including west buildings (also- known as Eric Gustafson residence) ; excluding buildings known as Nancy and "Lois" Brown residence. A recorded exemption is pending; exact legal to be by licensed surveyor paid by seller, 17650 WCR 74 Eaton CO 80615 known as No. City Stale Zip Street Address together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded(collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this con- tract:lighting,heating,plumbing, ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories),and garage door openers including remote controls;(b)if on the Property whether attached or not on the date of this contract:storm windows,storm doors,window and porch shades,awnings,blinds,screens, curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,all keys and(c) 2 irrigation wells, pumps, um s, bowls, electric motors and panels 1 domestic and livestock well and related equipment (d)Water Rights. Purchase price to include the following water rights: 4 shares of Larimer & Weld Irrigation Co. 8 shares of Larimer & Weld Reservoir Co. 100 units NCWCD (Big T) Irrigation Well #1 1 .34 cfs (196 S.W. ) Irrigation Well #2 1 .67 cfs ( 56 S.W. ) (e)Crowing Crops. With respect to the growing crops Seller and Buyer agree as follows: 1996 crops shall be property of buyer subject to 1996 farm lease with David Gustafson The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale,water slip assignment deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in Section 12.The following attached fixtures are excluded from this sale: No.CBS3/M-I-94. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Page 4 tf—nitl,l `•' Bradford Publishing,1743 Wazec St.,Denver,CO 80202—(303)292.2500—11-93 961042 . � ! III COUNTERPROPOSAL This Counterproposal concerns the Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate, dated March 4 , 1996, submitted by Lind Land Co . and/or assigns, Buyer, to the James Brown Farms Co . , Seller. The undersigned accept the proposed contract, subject to the followinc amendments : 1 . This is an agreement to purchase what Seller calls the North portion of its farm scuth of Eaton except for two houses . The dividing line from the southern portion and the acreage estimate is based upon the existing fields of Seller's farm and the land upon which the excluded houses are located. The parties are familiar with that division and agree that the price is set regardless of the actual acreage determined as a result of the survey. 2 . Buyer shall make a $25, 000 . 00 earnest money deposit . 3 . The title deadline of section 8 is changed to April 21, 1996 . 0d13if 4 . The deadline of Section 9 (b) is changed to April 23 , 1996 . I 5 . T c c c que t i a l dates e.f se-et i 1-4 'p=`'_l 7, 1 G , A _ . 2 Kir � 1?�G , and May 1, 1995 . -,, T^ i b�f..r �,,n� . _ aer, 6 . Section 11 is amended to provide closing on 1996, with the hour and place to be designated by the title paragraph insurance company handling the transaction. below 7 . Section 20 is deleted. 8 . This contract is subject to. the first right of certain partners of the Seller to purchase the property for the same purchase price if they offer an unconditional specific performance contract, signed by one or more partners, with a $25, 000 . 00 4111 00 - -rnest*money deposit on or before 5 1996 . If l� I p.m. March 29, (ice such an offer in tendered this contract� shall be null and void and the earnest money shall be returned to Buyer. ** 9 . Notice is given to Buyer that Seller has been threatened with k1 int litigation if Seller proceeds with sale of farm without the ' unanimous consent of all its partners . If Seller has not obtained that consent by March 29, 1996, Seller may -terminate extend this contract by written notice to Buyer on or before April 3, until 1996, without liability to Buyer. Upon such notice;*phis March 29 contract shall be null and void from the beginning and Broker shall return Buyer's earnest money. Such notice shall be deemed /j 0 delivered two days after deposit in the United States Mail, 11'l. postage prepaid, addressed to Buyers at their stated address . le Alternatively, the parties may agree to terms by which to proceed despite the risk of litigation. * Contract is closed ** If such contract is not closed, then this contract shall remain in full �1 * force and effect and for each day that the certain partners withhold 1l `�40 consent or have a contract in place, then the dates in this shall be r► extended one day for each day delay including the closing date, title dates , due diligence dates , and extension dates . *** The property is closed to a "certain partner" , this 1,19I Page 1 of 2 401 961.042 10 . The contract 3ha11 be a apccific performa ee c�c. 11 . Buyer's due diligence period ends April 20, 1996 . All other terms and conditions of the original contract shall remain the same . This Counterproposal shall expire unless accepted in writing by Buyer and Seller as evidenced by their signatures below on or before March 11, 1996 . If signed, the proposed Contract, as amended hereby, shall become the contract between Seller and Buyer. BROKER: SELLER: A. BRUCE JOHNSON & ASSOCIATES, LTD. THE JAMES BROWN FARMS CO. By• �/I/ 'L/j�� J BY: in Cl-i-t-Gt- A. Brut"Johnson Nancy Lo4 Brown, Managing Partner Date of Signature: J '� Date of Signature : -6 - ' BUYER: LIND LAND CO . By: Date of Signature Page 2 of 2 • 961042 COLORADO LAND SURVEY MONUMENT RECORD Department of Regulatory Agencies Snore of Reglsfroffon for Profe.slonal Fnglne.ra and Prvfeasionnl Land Surv.jor', r.560 °roadway, Suite 1J70, Denver, CO R0202 Phone (30,3)894-7711R taw 00,91194-77110 Vino 00J)1194-77no tti".17ttf 15Nt Mo.IU.[N1 t1NLY oN tllis:_f'otlr,l ttKhtthhUOTtON of tiIis row is Auiilortiztb , All Iterrl to be 'flllbd`-in by lhk•Land 5urveybr t,nin I'ERbIANENT RLAck LErrERINC.ond lines which con be reproduced. 1. TYPE OF MONUMENT: III SECTION CORNER O QUARTER CORNER 0 BENCH MARK Cl OTHER 2. DESCRIPTION OF MONUMENT FOUND: //►� .Po0iN6, ''IL1 C Y'G to;\-\r. Z'Jz" A.Jw.. CPI ;,n Pion 0wv.. - Pa o>C w„,,A. , cue., • helt,0: 3. DESCRIPTION OF 1MONUMEN'MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: ACU�-014..- ?Or,;i-;0e1 0'c( CoOiNcL w,o,NJ ,nV- 4. SKETCH SHOWIN G RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE f OINTS STATING WHETHER FOUND OR SET, SHOW SUPPORT1NG AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: FoJ+�O 'A Os: hb.�ru,r ir. �, I Go�,rd n0.;1 and hL.;ntrr 1�1 po.ricrr poU. ( h;51-o.nu De\ Pope r Qetu (O;yA-0.,-ce. ov -�` /f ht-„w,.r' sy.3o' ) yt.,;vwr 59ty.00e ) 0 X— x x A ao • S ha. Op . .....R______ . (o1r0.4e l ) r Fold d.o�hlAe-> Ltt roil I t"' % N--- a 4,,;r.c.r ,-. PooJcrr poll. it fi ATlo/y c ( t.r, tZ''�`�) �uQ•AC 4 T l0 L 3 C �C 5. CERTIFICATION R 1 I,A {Z Thin In to certify that I won In responnihle chorge of the �� surveying wor c1-descrIbed In this record and that to the best of my knowledge the Information preaenled herein w 1Z6 -1 Is (rue and correct. Name (Please Print): I ,t, ' ! p- r 11 • Jinn Nome: 1.n4t.-r \t p..y11 � ,�--11Je,y/1 �_ G, �S 235� Firm Address: 1;01 P4 �ittv(clv`r`�l-_ c , Lo.K.lcrr�e .(A. Stomping on Cop Phone: C°no\ toltl_-___tf Ul In_5?7 (� 6. LOCATION DIAGRAM Dote of Field Work S — 1u i" •— 1 Mile - UrinnT� (Do not nil In) �1�.+ G. IN .?. i� ,4\c‘%•••"V$ ' I 1 /` Al `� 4f_ ,I �-„ ,,,1 / 4i;1 . ..••9 1 „„ • . ,,, I L— \,.'%lF U�••p•.,,,. sur, Q,,/ C ` ��'r,emrr,,,,`/'� 4A.C. , - li - l/1p RECEIVED AT OFFICF, OF TUE COUNTY CLF.RX COUNTY 0 ^ Location of Monument Slgnoture/bate through Snal 7. SEC I T 1p ►..1 n CD W , lD 14, P.M. COUNTY u)-elc. INDEX REF NUM13F',R1G - V BY. • bArE: •*B. SEC T R • P.M. Record t•,to . fired by Index Reference Number COUNTY INDEX REF NUMBER NumerioelJ1, then AlpbebeUcell7, under •• To be.aced only for monum►nt• looeted on county Ilncr •pproprl•l• Township, Renm., end Y.rldlen P-0)u) —Z7lt,Re.a7A71 COLORADO LAND SURVEY MONUMENT RECORD Deporfinent of Regulatory Agencies 9oord of Reg/sfrrlinn for Professionol fng/ne.rs and Professional Land Surveyors 1560 Oroodroy, Sulfa 1370. Denver, CO 80202 Phone 003)894-7788 raw (303)894-7790 V/7DO (303)894-7700 1 • .'•REPORT` oNr I.iONUIaI`N1` ONLY ON -tills f'ORAI 1t0tibDUCTION OF 'rigs FORM IS AUTilonlZEO : . ' • All Items to lie fllled*I 6y all Land Surveyor Us)ng PERMANENT.BLACK. LET TE7?1NG and Thies which can be reproduced. . 1. TYPE OF MONUMENT: ■ SECTION CORNER CI QUARTER CORNER ❑ BENCII MARK ❑ OTHER 2. DESCRIPTION or MONUMENT FOUND: >roul.1t) 3/H" R.ER,AIZ ti.) 3" 1 AS€i CAV 1(,.1 N10t.1UMF4.1T PoX MnTZVL.gA A , P E. oW 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF TI IIS POINT: 1 u.,e-p E.t Pott.vno,,a of. r190►..1iJ Mo130ME►- T • 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET, SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: Ft) US GS BRASS CAP i , ��H 1RO1-1 PIPE (PRo1ECTING 1.0') COLLINS ST. 1. I1-� L 4' to `.? o" W ?a' N CNlsELED "*" IN TOP 0 Q FO NAIL. AND 8O1Tl_E CM OP 2.' HtGFt CONC.. FILLET) STEEL 0 0 0 ., kJ 0-- IN Ws ST 1FACE OF POWER POLE BARRIER POST Z Z Ill >-- w T 'I 4.1 Z U R.u7Lo W Q LA W 5. CERTIFICATION 17 34 4 31 This le to certify that I was In.responsible chorge or the t S4 surveying wor —described In this record and that to the best of my knowledge the Information presented herein Is true and correct. TkoI \ Nome (Please Print):LARRY G. INTERM1L-T- \MIA Firm Name:MIT ERMI LI. L,ANTL .1.2RYE'YING , (NC LS Z9)-t/ \ Firm Address:(30I N.CLEVELAND AVE. LOVE LAND ,CO 20537 Stomping on Cap Phone: (970) GG9 - ()SIG 6. LOCATION DIAGRAM Date of Field Work 5 - 96 1" •- 1 Mile . mil-1TM►� � � c INrE,p,(Do not fill In) 4% � •' .Is •ek Q��. p_+ _1__. N e. . _ • • t- ;• 7& 41' I _ J_ ., GF OLO�.. • \rrrrrr Cnl.►.t/, RECEIVED AT OFFICE OF TILE COUNTY CtF.RK COUNTY •A Location of Monument Signature/Oats through Seal 7, SEC 1 T e NI R GG W , 614\ P.M. COUNTY\M E LD INDEX REF NUMBER.2. - Z- BY: DATE. +*B. SEC T R P.M. Record to be tiled by Index Reference Number COUNTY INDEX REF NUMBER II Numerically, (ben AlphebeUeelly, under •• Tb.be used only for monument■ located on county Ilnee •pproprl.t• Toen.ldp, Annie. •nd Wr(dl.n P-9(o ...2T1G Rev.02/93 111 CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. UP36718 The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30 , 1972 : LEGAL DESCRIPTION: The NE 1/4 and a Portion of the SE 1/4 of Section 1 , Township 6 North, Range 66 West of the 6th P .M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Book 714/759 Reception No. 1636160/1681121 Book 756/759 Reception No. 1677679/1681122 Book 756/759 Reception No. 1677680/1681123 Book Reception No. Book Reception No. Book Reception No . Book Reception No. Book Reception No . Book Reception No. Book Reception No . Book Reception No. This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 20th day of March , 1996 at 7 : 00 A.M. WELD C� - TY TITLE OMPAI)TY By: . ,(t 7l(1)%T 0 Authorized Signatory 361.912 7 - .i j g,j�z i t.r Z.,+,, 44. .`;',,..0... ' Yy . • �•y Cr s' • • �t , + i` }-7t ,1;:F,�� ..} c. v';y 'i•e..';yv-:. - "'. Recorded 59ot ��5-�-- o'clock FE 976 ir, :k ` t s .,.° _t 4J ti >. r '�Y 4 Rec. No.16 11 1.... S. Leo Shehee, Jr., Recorder r r' t T - dY . :, ` 4 g 1974 <,: B�� Recorded at _--Oct_. dock „M 1G3S1s0 S. Leo Sheheo, Jr., Re,Jor 1 f EXECUTRIX' DEED =y I I THIS DEED made by and between !', G• '� LOIS M. BROWN, EXECUTRIX O' THE ESTATE OF W. J. BROWN, DECEASED e-: i .. cs2 Grantor, and `!'V r Pa.: M °J LOIS M. BROWN and UNITED BANK OF' GREELEY, SM`, rt COLORADO, AS TRUSTEES UNDER THE WILL OF ca "" W. J. BROWN, DECEASED 424 ; c ? ' � {: of the County of Weld and State of Colorado, Grantees, WITNESSETH: :f': R.: r r ,: . t1 -J T THAT WHEREAS, Grantor is the qualified Executrix under the Last fr 1JI .. (, Will and Testament of the above named decedent, which Will was 4. •• c admitted to probate on November 18, 1968, by the District Court in r and for the County of Weld, State of Colorado, Estate No. P-11078 if and € j t'" t� )ar^ 1:' ri r41 a NOW, THEREFORE, pursuant to final dn,•. in tho matter of the may- = W above entitled estate heretofore entered herein and pursuant to the 1powers conferred upon Grantor by the provisions of said Will, Grantor does hereby sell and convey unto the Grantees in joint tenancy A•h' 1* t the following described real property situate in the County of Weld 71 and State of Colorado, to-wit: A.,, The Northeast part of Section 1, Townshio 6 North, . . 1 Range 66 West of the 6th P.M. more particularly described as follows, to-wit: Beginning at the northeast corner . t � of said Section 1; thence in a southerly direction along -• •the east line of said section 2647 feet to the north side .•,' E . of a dividing lateral- thence North 88 50' West 2063 . � feet along the dividing lateral to an iron pipe 50 feet :P.: 1 west of a concrete dividing flume; thence along the iw' dividing lateral on the following courses: South 2° 45' ] East 160 feet; South 21° 0' West 235 feet; thence South Hli { ' 42° 50' West 135 feet; thence South 17° 25' West 135 1 "J , feet to an iron pipe under a cottonwood tree on the west side of a dividing lateral; thence North 29° 45' West 698 mIr feet; thence North 42° 10' West 396 feet; thence North 24° IV 45' West 396 feet to an iron pipe on the west side of the northeast part of said section; thence North 1° 20' k:-. East along said west line 1878 feet, more or less, to an F, iron pipe on the north line of said Section 1 at the ;„: k'. northwest corner of said northeast part; thence in an ,.., , N' easterly direction 3014.5 feet, more or less along the -t3? north section line of said Section 1 to the point of rrr t j;,:r beginning, containing 181.15 acres, more or less, intending f�; hereby to conj1vey the same land as that described in deed k 4 a recorded in7`Book 1016, page 103, Weld County Records, t•t 1 .r k, ,c � th refrom a tract of land described in deed ,�__ reCT5 de?in oo7c7 �3, paae 192 and in correction deed ::,• recorded in ook 1384, page 151, Weld County Records, ��,T together wi h all water, water rights and rights to the L use of water for irrigation of said premises, and rights {• 6- of way for the carriage of water to and upon said premises r.- ; Ei for the irrigation of the same including 4 shares of the •-.+ capital stock of The Larimer and Weld Irrigation Company, i.- 15 shares of the capital stock of The T,ari.rler and Weld t.' r ^ Reservoir. Company, 2 shares of the capital stock of i.4:; p,, The Town-Boyd Lateral Company. 1,. l P Y• Also 100 acre foot units ,r- of water allotted to said land by the Northern Colorado Water ' ` ?s, ConservancyDistrict. E_ All that part of Section 1, Township 6 North, Range 66 West f"; of the 6th P.M. described as follows, to-wit: Beginning - ' 6-1 at the east quarter corner of said Section 1; thence North 88° 50' West 2063 feet; thence South 2° 45' East 160 feet; or thence South 56° 02' West 2305 feet: btsanocnSiatzteAta c :ineztc7Z3&xtnotc thence South 81° 55' West 285 feet to the east line of a seepage ditch; thence South 2° 05' East � ilan feet alone the East line of said seepage ditch tc a tu • Ili/ -Pi. 4111 .7 11. v 5 ;y) 0 1681121 3636O .i ' •_.nt on the south line of said Section 1; thence East '• :.cng the South line of said Section 1, 4200.5 feet, more �.'} • less, to the southeast corner of said Section 1; thence r, • '::rtherly along the East line of said Section 1, 2647 . '1 feet, more or less, to the place of beginning, intending ''d hereby to convey all hat part of said Section 1 described `'' 4. in deeds recorde in ook 827, page 104 and in Book 1250, T . page 190 and in ook 1384, page 151, all of the Weld 3 Ii'(. County Records. Also, 'all water, water rights and rights to the use of water for irrigation of said premises and rights of way for the carriage of water to and upon ;. said premises for the irrigation of the same, including :`' • 4 shares of the capital stock of The Larimer and Weld Irrigation Company, 12 shares of the capital stock of 4 . The Larimer and Weld Reservoir Company, 2 shares of the ^" 'I capital stock of the Town Boyd Lateral Company, 1 share of the capital stock of The Windsor Reservoir and Canal f1 Company, two pumping plants known as the Charlotte A. r , Brown Pumping System with decreed priorities as established by Decree of the District Court of Larimer County, Colorado ;;1 in Civil Action No. 11217, recorded in Book 1370, page 74 7, .i h in 1371, page 542 of the Weld Count Record$. "c There� is hereby excepted and excluded from the (continued below*) Wj All that part of the NWa of Section 24, Township 7 North, Range 66 West of the 6th P.M. lying South of the Larimer and Weld Irrigation Company Canal as now located and P constructed over and across said land except right of :;� `, way for highway purposes and right of way of Union Pacific Railroad Company, together with 3 shares of the capital j{ ` stock of The Larimer and Weld Irrigation Company and 6 :,'" shares of the capital stock of The Larimer and Weld Reservoir -,! Company and together with all other water rights and all 11 irrigation wells and equipment used for irrigation of saidki land. '' *above described land that part thereof hereto ore•c "' with all appurtenances. conveyed to Elmer R. Gustafson and Barbara N. eed orded n 691 _.y Gustafsonpt No.d1613417, Weld1County Recordser EXECUTED this 3rd day oof May 1974. ii3 f • ..I .J— rl .'•. . :.•,6:;„ /-.i /J_:.e-.t•-/.•-7 - LOIS M. BROWN, EXECUTRIX OF THE x? . ESTATE OF W. J. BROWN, DECEASED � I . STATE OF COLORADO } pEns i • ) SS. : COUNTY OF WELD ) ra . The foregoing instrument was acknowledged before me this 4_ 3rd day of May , 1974, by LOIS M. BROWN, EXECUTRIX OF THE � • ESTATE OF W. J. BROWN, DECEASED. Ii Witness my hand and official seal. 6-= + My commission expires October 1, 1977. �' - • N•"tary Public Vil :n� =r • 10TnR), �'s' This deed is re-recorded to correct an error in the -,' � ' " •- -•":�•.; 1 description and omission from the description of that F. '• LAGq part of the above described land located in the S1 of• 1 ...v said Section 1, as contained in this deed previously :i,"' ,ne!' recorded on May 8, 1974 in Book 714 under Reception ' No. 1636160, Weld County Records. •Jr Witness my hand and seal. • My commission expires October 1, 1977. ii to °,.: • :ti: ,� � ,r +/ o. -� 0 ,•o'=• Noiry PublicIli } :'`zo��759 �vS ,,6 r 111976 it e3. a 1 i'� c •,s1. '�y4r^}-; , �r o h4�fi7' -:i Recorded at _ o'clock is M 41 v 1 .'�X'.':t &P.-'.s.%''tenT•F t.at 2 ' ems.'- Rec. No. iti 122 ,� .7" S. Lee Shehee, Sr„ mkt' yU� + '�?�v t� ��Slt)aT a x �{e�E 4r v ,�. it-•'i"�"� :4e; Zi , ;iit„5tly�r ii'cgc: 17. s' •a '�• r.1- .7,7. • / '' 5•'t 75- c.) c..) aooK Reeer.led._ DEC•2�•19.�...._.._........v1....!_4•'..._e•(rt0<t __.M. ,�.;: 756 e,,g {,�.,ryc►yQ S. LEE SHEHE 'zit; Reception No.......»1Y.L_./.57.(.✓._.._. •' 1 (1il1t5 PECD, Made this 26th day of December Y � I i $ sevent five `.«jam)' in the year of our Lord one thousand nine hundred and Y— , between: :VI c. 0.LOIS M. BROWN and UNITED BANK OF GREELEY, COLORADO, AS TRUSTEES UNDER THE -.`,) WILL OF W. J. BROWN, DECEASED '` i and State o Colorado o the irst art, and }'X" _1 cv oI tee Cotmt-d o/, eld Jf f. / lifvci 1 �� LOTS M. BROWN as to an undivided 31�, NANCY L. BROWN as to an undivided 58�, and I:3 WILLIAM J. BROWN, JR. as to an undivided 11% -! ` of the County of Weld and State of Colorado, of tire second part; WITNESSETH, That the said part ies of the first part, for and in consideration of the , a sum of other valuable consideration and Ten Dollars. 'A i ,_ , to the said part ies of the first part, in hand paid by the said part ies of the second part, the pi. r,, receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and I'Li r-, conveyed,and by these presents do grant, bargain, sell, convey and confirm unto the said Aikt 1 ' c part ies of trc second part,their heirs and assigns forcvfer, all the following described c lot or parcel of land, situate,lying and being in the County of Weld t and State of Colorado, to-wit: ?v• .r _\ ,. r 4Z. • V, 'TA,. (•J 1 T I c:) THE PROPERTY HEREBY CONVEYED IS DESCRIBED IN EXHIBIT A r `: Ii L'Li ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ,.• ; li This deed is re—recorded to correct an error in the description and `9„'- • omission from the description of that part of the above described r°g't,.': land located in the S1 of said Section 1, ao contained in this deed previously recorded December 29, 1975 in Book 756 under Reception gt No. 1677679, Weld County Records. v' 1 • i I. etc Together with all and singular the hereditaments and appurtenances !hereunto belonging, or in ; any wise appertaining, and Ike reversion and reversions, remainder and remainders, rents, issues M. and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of B + the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hcreditamcnts and appurtenances; TO HAVE AND TO HOLD the said prem- ises above bargained and described, with the appurtenances,unto LOIS M. BROWN as to anOl ; undivided 31e, NANCY L. BROWN as to an undivided 58% and WILLIAM J. BROWN, JR. as _n.,. 1 to an undivided 11% the said part ies of the,second part, their heirs and assigns forever. ` • :Zti!:. And the said LOIS M. BROWN AND UNITED BANK OF GREELEY, COLORADO, AS TRUSTEES ;� UNDER THE Wtkipties W.oflth,F$9. p0,ll� SED them selves, their heirs,executors and ri administrators, do covenant, grant, bargain and agree to.and with the said parties of the second part, their heirs and assigns, the above bargained premises in the quiet and peace- �.i able possession of the last partied of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said part ies of the first part,the said part ies of the first part to TVAR- Prl `r i RANT AND FOREVER DEFEND. rN WITNESS WHEREOF, The cold part ies of the first part ha ve hereunto set their , hand a and seal s t/rr day and year first above written.' Signed, Sealed and Delivered in the presence of /!-t-, �' �'�4( / (Sear.) �a s`. "Loft Ft, BROWN ^r4r ,••UN•IT...•, ANK QF G. ,E I ., COLORADO (SEAL) .`,�?. -I By t Zr.„(") " s i . I s ffi:er ,, W. J. BROWN, DECEAS ;= 4- i �y .. . ,.1' 14'h,'lY� 1C [,0P.AllO, Tile foregoing instrument was acknowledged before me this 26t daY of aa. ..'•County ol'•lt�cld. f December g 75 h LQIS..M. BROWN..annd ROLAN1 N. Q :' , r, HAYES,---JR•., A"i"StTt t•-•Mice 'President an Trust Orricer or •` =--' t t•q Y WITNESS my hand and Official Scat UNIT D BANK OF GREELEY COLOpRADO, Wit' , -_t i a� ' 1 AS TRUSTEE UNDER THE WILL OF W. `l. >' r= i�^ - ,Ate CmttctSrcataxPx oac BROWN,_.DE EASED. _/.,.._.__...r._ `•�• • Nbtary Public Sy;; ''r. ••••.. My commission expires October 1, 1977 5•2 ' �•,,g ,nr 4NARRANTY DEED. [.04r f. . 756• BOOK • ill/ 3 E��l2ti `76'79 . 744 3 : t The Northeast part of Section 1, Township 6 North, Range 66West of the 6th P,M, more particularly described x as follows, to-wit: Beginning ai; the northeast corner of said Section 1; thence in a southerly direction along the east line of said section 2647 fees to the north side of a dividing lateral; thence North 88 50' West 2063 ;;,k feet along the dividing lateral to an iron pipe 50 feet west of a concrete dividing flume; thence along ths dividing lateral on the following courses: South 2 45' • East 160 feet; South 21°0' West 235 feet; thence South 4?°50' West 135 feet;thence South 17°25' West 135 • feet to an iron pipe under a cottonwood tre on the west • side of a dividing latteral; thence North 29�45' West 6980 "y' feet; thence North 42 10' West 396 feet; thence North 24 ', 45' West 396 feet to an iron pipe on the west side of the northeast part of said section; thence North 1°20' East along said west line 1878 feet, more or less, to an iron pipe on the north line of said Section 1 at the , ; northwest corner of said northeast part; thence in an f easterly direction 3014.5 feet, more or less along the north section line of said Section 1 to the point of beginning, containing 181.15 acres, more or less, intending hereby to convey the 'sai Iiid as that described in deed recorded in Book 1016, page 103, Weld County Records, excepting therefrom a tract of land described in deed ii recorded in Book 1250, page 192 and in correction deed recorded in Book 1384, page 151, Weld County Records, pt! together with all water, water rights and rights to the r • use of water for irrigation of said premises, and rights of way for the carriage of water to and upon said premises for the q' stock irrigation of the same including 4 shares of the capital of The Larimer and Weld Irrigation Company, 15 shares of the 7 capital stock of The Larimer and Weld Reservoir Company, 2 ::: shares of the capital stock of The Town-Boyd Lateral Company. Also 100 acre foot units of water allotted to said land by the • No::thern Colorado Water Conservancy District. IE All that part of Section 1, Township 6 North, Range 66 West a of the 6th P.M. described as follow, to-wit: Beginning at the east quarter corner of said Section 1; thence North g: i 88°50' West 2063 feet; thence South 2°45' East 160 feet; • thence South 56°02' West 2305 feet; �t �# j *4g thence South 81°55' West 285 feet to 4 the east line ,of a seepage ditch; thence South 2°05 East 8 1190 feet along the East line of said seepage ditch to a [ point on the south line of said Section 1; thence East along E the South line of said Section 1, 4200.5 feet, more or less, to i the southeast corner of said Section 1; thence Northerly along �: the East line of said Section 1, 2647 feet, more or less, to the [s. :lace of beginning, intending hereby to convey all that part of said Section 1 described in deeds recorded in Book 827, page 104 and y in Book 1250, page 190 and in Book 1384, page 151, all of the Weld r; County Records. Also, all water, water rights and rights to the r use of water for irrigation of said premises and rights of way for the carriage of water to and upon said premises for the S ' irrigation of the same, including 4 shares of the capital stock of The Larimer and Weld Irrigation Company, 12 shares of the capital stock of The Larimer and Weld Reservoir Company, 2 shares of the capital stock of the Town-Boyd Lateral Company, 1 share of the capital stock of the Windsor Reservoir and Canal Company, two pumping plants known as the Charlotte A. Brown Pumping �' System with decreed priorities as established by Decree of the i,. District Court of Larimer County, Colorado in Civil Action No. 11217, recorded in Book 1370, page 74 and in Book 1371, page 542 of the Weld County Records. There is hereby excepted and excluded from the above described L' land that part thereof heretofore conveyed to Elmer R. Gustafson , and Barbara N. Gustafson by deed recorded in Book 691 under i Reception No. 1613417, Weld County Records. i . as T.f 961042 EXHIBIT A, page 1 of 2 t- . a< •uoox '756 '759 11/ i68ia22 " . 3. • kCS , R All that part of the NWs of Section 24, Township 7 North, Range 66 West of the 6th P.M. lying South of the Larimer and Weld Irrigation Company Can&.l as now located and constructed over and across said land except right of P, E way for highway purposes and right of way of Union Pacific V ' Aa lti rA Railroad Company, together with 3 shares of the capital stock of The Larimer and Weld Irrigation Company and 6 shares 3 of the capital stock of The Larimer apd Weld Reservoir F. Company and together with all other water rights and all . irrigation wells and equipment used for irrigation of said • land. `5 • 1 4 Ok • Y J i e` R 24 I .?t 4 f 3 BE • li ;1 Ire y r I I EXHIBIT A, Page 2 of 2 II 961042 eoox F 6 ` ,. r 4 lry Recorded of _S��'S _ o'clock .l!_—�� 7f) t >i w+ ,-; c 1681123 ' , � r �#,, � �y Rec. No. __ _...._._ S. Lee Shehee, Jr., Re r e ��• ..._ .. t` E i s rsOCK / DEC 2 9 1975 1, tint • 1Y6 (,). 756 Recorded at.___rs.c...�...._...o'ctoc)c,./.Y....bt., _._._._...___ • - C1 `o Reception No_.._.....,. 7 s.6Q. ..._.S..LEE.,SH.Ek'IEE...1R..__._Recorder 7 " . , t=; .O 1 ' LOIS Y. nOWN, an unmarried person, NANCY L. BROWN. 'j an unmarried Damon, and WILLIAM J. BROWN, JR. and ... 4. �� it c; zegttOnW'3, husband and wife, i' .�� The i• e County of Weld and State of Rang( r as fc Colorado ,for the consideration of other of sz fc ▪ Cr, i' -• ?' the c n _valuable consideration and Ten--- Dollars,in hand paid, of a feet :i so hereby sell(s) and suit claim(s) to JAMES BROWN FARMS•CO., a feet ;— partnership divic ;chose address is r,• - 3 East t 42o5t County of Weld and State of Colorado ,the following real feet q 1 ti � side i•:eld feet co �i property,in the County of and State of Colorado,to wit: cD0ii .' r 45' i al the ' •.. East �`','� ' `� iron t` T En Ii EXHIBI N, THE PROPERTY HEREBY CONVEYED TS necCP_R�_ I T A. nort. •i ATTACHE!) HERETO AND INCORPORATED HEREIN BY REFERENCE. ' east c, b, nort cv begi uThis deed is re-recorded to correct an error in the description here and omission from the description of that part of the above reco described land located in the Sh of said Section 1, as contained exec in this deed previously recorded December 29, 1975 in. Book 756 recu under Reception No. 1677680 of the Weld County Records. reco , r. toge use I � �''�' • •'� for 1, ( I .-' '.' irri D i 4 of T capJ. r:: sha: II :,-: I Alsc • 1 Nor.t 1 . t .gal All r of r � Ill" 88 5 they ,1 •with all its appurtenances —�— the 26th December 75 a 119C i Signed this day of ,19 Orr, poir ;r=v the •1.0 tE t9. srcus,iv, sit•uumdl'•FtE.f erson ..� the 1 1.TA•Nll^;rr,- ?nrATA', Ei un rrie317414 5 I!_.-.- ple i I F,iLL17("7 3;tOCfd,"J1T „ t' _ 't in E • A said ` . ltnkCHus aROWN I;r•' use Cour i STATE OF COLORADO, las. husband and �rif. . j •use .' irri County of Weld s r The foregoing instrument was acknowledged before me this 2Gth - •, cap: 1 day of December , 1975 ,by LOIS M. BROWN an unmarried person, rr,-- w �f: t Ni.)/R1.••L,,BROWN, an unmarried person, and WILLIAM J. BROWN, JR. and , • ! or t .•'n CELN!;4 pROWN, husband and wife. ii•• 7 . o r`��ti.. ' eo n i ilott expires October 1, 1977. �,.?� t,y�t Z:CtFatte )tpy, tid and official seal Fs t — - � :,,.�1 �:r(tls:,.t�✓ s , page :1• ?� �'ti:p h c�' ` ' • ' ...... .. 1 Notary?obit& The) ,Pf., . :1 `•• 11 r El,�M that Hto�Rffic Aoknotoltdo as att t,by. natuont oernon ore t here Iionrt ode etr r atto:. .t If tfaet orn Kotler In MDtyRer de.ttee o- .' rice i by officeorr thenname or corporation,then insert Hems of Ruch officer or ortloetn Y the president or other officers of such oor- �� Dcrallorl coming it. r1 , FF L No. B99. Ql".CLAIM DBHn—E;:a�earn—see.1iLi•u u u.dv 1N1.—R•f/ It.edfurd PublleCIne CO..IR71•Id Maul ROM.nm,er.Pntne.dn rp e.-.7..1,1 961.042 2 i ',s t 759 �a;;g1123 i6' • 3- 2- a The Northeast part of Section 1, Township 6 North, ^ ; -,tinge 66 West of the 6th P,M. more particularly described :'•N.<<. as follows, to-wit: Beginning at the northeast corner v�xxa of said Section 1; thence in a southerly direction along g;5 the east line of said section 2647 feetd to the north side 4 •' t•: of a dividing lateral; thence North 88 50' West 2063 ' feet along the dividing lateral to an iron pipe 50 feet � � • west of a concrete dividing flume; thence along the , ;, dividing lateral on theofollowing courses: South 2°45' East 160 feet; South 21 0' Wes': 235 feet; thence South P.F. 42°50' West 135 feet;thence South 17°25' West 135 P::.3 feet to an iron pipe under a cottonwood treeon the west k• side of a dividing lateral; thence North 2945' West 6980 • .. feet; thence North 42°10' West 396 feet; thence North 24 45' West 396 feet to an iron pipe on the west side of 4 '�q la the northeast part of said section; thence North 1°20' East along said west line 1878 feet, more or less, to an VA: iron pipe on the north line of said Section 1 at the EMI • 1 northwest corner of said northeast part; thence in an • RN easterly direction 3014.5 feet, more or less along the ; Y north section line of said Section 1 to the point of ; beginning, containing 181.15 acres, more or less, intending ;i.,�',• hereby to convey the Same-.hand as that described in deed recorded in Book 1016, page 103, Weld County Records, tot g. excepting therefrom a tract of land described in deed recorded in Book 1250, page 192 and in correction deed recorded in Book 1384, page 151, Weld County Records iw •; together with all water, water rights and rights to he c!: use of water for irrigation of said premises, and rights of way .,, - for the carriage of water to and upon said premises for the '0. .a _ irrigation of the same including 4 shares of the capital stock ` of The Larimer and Weld Irrigation Company, 15 shares of the ,,,,, capital stock of The Larimer and Weld Reservoir Company, 2 �y;S. of t. capital ^tcck of The To -TBoyd Latera Compancr 1�,-�'.:. Shares the ,,:•.'.^. e mp n - L.�C Also 100 acre foot units of wcLex alloLLed to said land by the ,a :- 1 Northern Colorado Water Conservancy District. qWet : 1 All that part of Section 1, Township 6 North, Range 66 West Aof the 6th P.M. described as follow, to-wit: Beginning 1 at the east quarter corner of said Section 1; thence North Yew;` 88°50' West 2063 feet; thence South 2°45' East 160 -feet; v;"x• ] thence South 56°02' West 2305 feet; tbos C • weZtx3211e5x thence South 81°55' West 2R5 feet to '.4: the east line of a seepage ditch;' thence South 2 05 East V %'• - 1190 feet along the East line of said seepage ditch to a E .,. ,4 point on the south line of said Section 1; thence East along J the South line of said Section 1, 4200.5 feet, more or less, toKIE the southeast corner of Said SecLion 1; Lhence Northerly along the East line of said Section 1, 2647 feet, more or less, to the : place of beginning, intending hereby to convey all that part of s said Section 1 described in deeds recorded in Book 827, page 104 and F . ?.n Book 1250, page 190 and in Book 1384, page 151, all of the Weld I 1 County Records. Also, all water, water rights and rights to the use of water for irrigation of said premises and rights of way for the carriage of water to and upon said premises for the 1 irrigation of the same, including 4 shares of the capital stock '1 g It i of The Larimer and Weld Irrigation Company, 12 shares of the 1 capital stock of The Larimer and Weld Reservoir Company, 2 shares of the capital stock of the Town-Boyd Lateral Company, 1 share of the capital stock of the Windsor Reservoir and Canal Company, ,. `,y' two pumping plants known as the Charlotte A. Brown Pumping } 1System with decreed priorities as established by Decree of the -,z • District Court of Larimer County, Colorado in Civil Action No. 11217, recorded in Book 1370, page 74 and in Book 1371, s1 a e 542 of the Weld County Records. rram�„� There is hereby excepted and excluded from the above described land a?h. that part thereof heretofore conveyed to Elmer R. Gustafson and • Barbara N, Gustafson by deed recorded in Book 691 under "�'`.. I Reception No. 1613417, Weld County Records. ';: •_I flee 1 1 XUTRTT A, rage 1 of 2 gird i tr5,70 saox sooK ' ;�� i;�� 16&1123 16,7'76 ' ' All that part of the NIA of Section 24, Township 7 North, '.Range 66 West of the 6th R.M. lying South of the Larimer •and Weld Irrigation Company Canal as now located and ,, constructed over and across said land except right of . • way for highway purposes and right of 'way of Union Pacific Railroad Company, together with 3 shares of the capital' stock of The Larimer and Weld Irrigation Company and 6 sharer i.,; • of the capital stock of The Larimer and Weld Reservoir Company Kt.* and together with all other. ../ater rights and all �• irrigation wells and equipment used for irrigation of said k la.,r.. ram•: iy` 1;. All Ati. • .. .. sity, ,:•tr • . 74,i,. 111 . MK F �_`� R got k '" , :.1, 1p telf +vi ray` Sbf i rX(tID7T A, Page 2 of 2 p • • OFBOARD DIRECTORS ERNEST - NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS �'b : HIGHWAY 85 • LUCERNE, COLORL.00 80646 W.M. AY M LYLE NELSON, MGR. CHARLES ACHZIGER j P.O. BOX 56 • PHONE 356-3020 March 28 , 1996 • • RE: Water Service Dear airs, This letter is in response to your inquiry regarding water service to the following described property: E' of the NE/ of 1-6N-66W Lot A 1. X Water service is presently being provided to the above described property. Lot B 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Sincerely, North Weld County Water District LA Nelson anager James Brown Farm Co . Hello