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Home My WebLink About20252200.tiffResolution Approve Partial Vacation, VAC25-0009, of Two -Lot Recorded Exemption, RECX15-0131, for Removal of Lot B — J Farms, LLC, c/o Troy McWhinney 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, on October 23, 2015, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX15-0131, and Whereas, the Board has received a request from the current property owner, J Farms LLC, do Troy McWhinney, 2725 Rocky Mountain Avenue, Suite 200, Loveland, Colorado 80538, represented by Schroyer Resources, 1337 Riverside Avenue, Suite 3, Fort Collins, Colorado 80524, to vacate Lot B of Recorded Exemption, RECX15-0131, and Whereas, said property is located in part of the NE1/4 of Section 3, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lot B of Recorded Exemption, RECX15-0131, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of Department of Planning Services staff, and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No existing easements are affected by this vacation of Lot B of Recorded Exemption, RECX15-0131. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of J Farms, LLC, do Troy McWhinney, for Partial Vacation of Two -Lot Recorded Exemption, RECX15-0131, for removal of Lot B, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk 5048373 Pages: 1 of 2 08/20/2025 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Cc :PL(DF/gnu/vA /I -o) A5R(sG), 2025-2200 RPPL•, APPS-. REP. RECX15-0131 03/2.872-.5 Partial Vacation, VAC25-0009, of Two -Lot Recorded Exemption, RECX15-0131, for Removal of Lot B — J Farms, LLC, do Troy McWhinney Page 2 and Recorder. Any easement created by dedication on the original plat for Recorded Exemption, RECX15-0131, and not vacated herein, shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 6th day of August, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5048373 Pages: 2 of 2 08/20/2025 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO PPM ilat6'I+I J ilriU rdWiN«iW�h 11111 2025-2200 RECX15-0131 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners Case: VAC25-0009 From: Lindsay Oliver, Planner Subject Partial Vacation of Lot B of RECX15-0131 Hearing Date: August 6, 2025 Owner: J Farms LLC c/o Troy McWhinney Representative: Schroyer Resources c/o Katy Thompson Legal Description: Lot B of Recorded Exemption RECX15-0131; being a part of the NE4 of Section 3, T4N, R68W of the 6th P.M., Weld County, CO Location: West of and adjacent to 1-25, south of and adjacent to Highway 60 (CR 50). Parcel Number: 1061-03-1-00-031 Total Parcel Size: +/- 112.05 acres Zone District A (Agricultural) Summary: The applicant requests to vacate Lot B of Recorded Exemption RECX15-0131, recorded December 17, 2015, at reception #4165964. This partial vacation would result in an approximately 112 acre unplatted parcel. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A. of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. H. of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2025-2200 Vacation of Lot B of RECX15-0131 ) J Farms LLC Page 1 of 2 xlS-0131 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot B of RECX15-01311 J Farms LLC Page 2 of 2 To Whom it May Concern, I/We J Farms LLC (Name of Property Owner) are writing to request the (complete / partial) vacation of Lot B of (Circle one) (Insert Lot Designation) Recorded Exemption No. 1061 -3 -RE 226 (Insert Recorded Exemption number) Katy Thompson 6/2/25 Print: Owner or Authorized Agent Date Print: Owner or Authorized Agent Date 6/2/25 signature: Owner or Authorized Agent Signature: Owner or Authorized Agent 01/24 5 • VACATION OF A PORTION OF LOT B, RECORDED EXEMPTION NO. 1061-03-1 RECX15-O131 PROPERTY UE%CRIP RUN A pace) of land. hang pal of Lot It. Recorded Excmpnon No 10614)-1 ItECX1S.01)1 r mended Ileaotnlas I7 till as Ittoepllan No 416)964 of the kaavada of the Weld Comfy fleet and Ramada (WI1'Nj attune in the Northeast (dada (NF It 1) of Sodom Tate (1, roundup Emu Nofth IT IN t Ruse Inttyea)tht West (N 61W ) of the Seat h Ptmeipal imdtan 16th P M n, C'uu.iv al WeldSkis of Caluaaata and Lang nude pati.vlalt dkseibc.i a hallows CVMMl .CL♦C; at the Sotth Quarles Camp onlaw of sad Sc.hou S awl a.uuea"F Uw !.wth lust of tad NE I. as beau" Math IV'4Y34 Lat. bang salad Beaus of the Vacuada Stale Plans Coadmale St elan Math Zan North %maman Daum hint t 2201 t J .b.taes of ISMI 34 fat hat tnonevneated by a a rebr with 1 allunnrm CAA eteenpod Li 30467 a both cads tad with Si Owl bearing. an' -1 herein ,dears thereto TIILrNCE Math 0'4931 3.1 East tdasq( sad No.%lus. a thin.. of 445 r) fed to tan Nathwvrt wuen al said Ltd H and to the A )lNr oF' BEGINNING Thence alias the North rind Eat lows of Lot B the follows.* two .awan THENCE. NOM% 1 4914East a.bstance at 15711 4v feet 111EN1"F Said!) 06'092v" Fat a distance of St to feet to the North hue of that parcel r dncotted in the Special Watanty Deed as 'matted 1µn1 17 2012 as Reapttnn Nu 4812) ; l of the Week Thera afar• the Ninth at West lines of said Reception No 4821175, the Iullansi.F rest %mitca Tint -NCI: South 1r49"34 West adze -mu of is 3/ leaf, THENCE leak W161.7 ' Ear a ,Let Ana of 177 12 IM THENCE loath 01.2499 • Elm a thal.raas of :71. 52 lest THENCE Youth 07,1174t.• Faee a Thew. a of 571 51 fed. THENCE South try nor ES a4.tw,a at 151123 feet. TRIENCE Shah 06'0011" East •.,stags of IId 6S fat. THENCE Saudi Ue•1114" East J .bstahe or 153 03 feat, THENCE South 02.1 I S' East a dbstare of 25 'a feel to the South line ul I.ul ft Theme Aiwa 0u South and West lines of l.01 B the toltuwites eight moans THENCE Swan. W5123 ' Wed a dist:mot of 14U 166 fret THENCE Sethi Arta a3- East a Weans of %I 23 list, THENCE Such WS) lb' West •.bsta a of 1053 u9 fad THENCE Not U21131 West •.bstaatr of 1173 99 feat THENCE bowl,19'17 W' Eat • dbetaae of 236111 fat. THENCE Math 69'4106" Eat a .gains Car 126 43 fad THENCE Mardi 11-3146' Eat a Jj.lancc at 142 37 feet. THENCE Math titr4056 Ent a.b■IJawc ul 2371 lu kid It the POINT OF BEGINNINU Sad dkwl.bn] paid of laud wWaua a 1740 161 `cWaas Ytet cm 11: L55 Akita mole a Int 1. ) 11 TI.E (t\IAIITLIEN7 NOTE. Fa all uduntuafunn rsyad anq casements. it/6ts.if-way ad title of ,caul tic Mantle Surveying fl C teat upon Pfupsety hduunat.o n Hamlet \wnbel l't 1F2S2 tot a. stated Mad. 11. 2023. a, pupated by t.ad idle thou mita Comp.ay to dslule d% the afane•n.l infmrnaltoal flu. navvy don not elite Tuie a title teasel. by Monist; Ywvvyug, LLC to d otutnuw owtuntlup tin easements of tdatd PR(/PER rl OWNERS CEA TIF1CA f E We. tae wale usual. bang the awls Lana. in lee of the abut c Jaunted snipers, demobai ad shown Facia. Ly and du otah the • malwn atom taken by the Baud of Comity ('arawsam.vei' of Weld County to now be temp tuaasi a Si :wplalte4 tilt of lad do hczsby attain Isd6c apt uai.lastaal the al withal cacawnt• a• tics a(falsd Is) the vacation unless inacatw. a 'vaeatc4 by du. plat bacon tins casement creed by the anginal led [111 .1011 plat that is now shown a v.utud col the a coanpatyuyf nut tuiewa IS Ieauby iullalu ateet n dhow%. fwaeUll Rawl laFISIenlIalli ate tut atectcd by lMs vacation SY rV rARIAL CERTIFICATE 5S 5TA rE OF COLORADO) n C.OL%TY OF WELD The fidesclua anstnwnest wa a.baaw ludlts.l boors me by lea of Mi W itnnl ay laud and %Whim) .Yes il• ...humane, CApnn VICINITY MAP Sea• t' - 7030' BLJAW VF COUNTY COMMISSIONERS APPROVAL ilal LEGEND SITUATE IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M COUNTY OF WELD, STATE OF COLORADO )R4Ct/ At mann u 40 es OS I 479 73' .MNL77 rl/aAfave /M4Cr / Aaatp Artil AO Of tallow he9'49'341 MO 39 ;RASPS Or MARNu5) rr,N89'49'34-E 1878.49'; attikase S06 Arho sworn '201 30.1 2501T S • 0 • At QiQT CO1NLU aS Dt SC/40LD rouhD VONJMENI AS D(SCYIICD I.OuhU /4 REAR Obi VI WY* IRASIIG CAA. LS 32444 r0/h0 N REAR ani t' tfD PLASTIC GAP .S J6341 WAWA JOJAOAR' _11t EASEMENT INC VIGe' Of WAY LOA SECTION UVE FOC( CO *Sawa I Ras• %acv a pia a appal cal by the Bad ..f Cain Common aoran of Weld County Wain my hand at the ougarate sal of Weld County Ms. CIEAIR- SWARD uFCUCJNTY COMMIS:kINER3 AriES1 Weld Ciawaty Clerk to she Road day of BV Deputy flak to the Road Dale Stale of C4lalaalo It; Be%3t$ tai' REARLN6s AND LINEAL ta s1Ll)laTJ r)L'S .1.a.wmfg de North hat of the Natht.wt Quetta of Seaton ) l owmhlp 4 North, ILuupv 65 West ..1 the 6th 1' M munwtinital .w sMrwu on Due dawns" a beams Nsatli W aV 14' E.et bans.. dint 14c.uta Ili the enlaaMu State Ha North /a Nall) Magma. Dalton 195 L23. I I a ibutase or 2335 )Y fat tad with al wean beam". codaawal barn an ade..• Manna The Iarval .IU..cn..i.ris as .unnancd tenon at based upon the 'I' S Sammy 1 our VEVOk 9 CERTIFICATE 400'40'56"E 238.10- 3000' I NOP ih (1JMItR CORM.N SCCICes 3, L 4h., II SOW cast r A7 naJ&JM CAP IN MOVu4Kh' ROC 3 30462 Poo? :r Maw he*MN' Huai A Ar CA«R U tAt MAIOe WetJ t Aral 589'37'04-E r I I 2 NI d I 236.81' r 1 "YAW (2r Mr moor [1_ SOerws /s( rafftm PEST Or If ChM AG / N23'3346E / /142.37' N69'48'06"E 126.43' / M4N fused / St 411 .0494/a 1 1 1 1 1 1 1 r/ / / // // / / // // // / / // // / / // // // oTJSMloes Stec - ..Arc4o eons 940/11.00121 A►t AO 4,90.6.0 1 ♦ is sawn tams/ I ♦ 7 I ♦ y /VC MIIAlli 1 1 I\ \ 1 1r7 \ ♦♦ I L1 i \ t_ -I _ b' / / /- 1/ J /— / / / // I/ /e / r.I rtMr r t411RAt haslet (AMaCAI / / ^- Arnsrarasag rctireROr /SIT AG! /// // Aux U .°2(4V J7' ACt7SJ SC IC a S88'53'20 -W 1052.09' 'r Cat, V/Ua .Itse Irra.ar AFC .40 4J.tN// SUBJECT PARCEL 4.880.361 SO. FT 112 038 ACRES case N MA* am -RED PEAS BC CAP tS 30'42 1 C Itt CENTER QUARTER LOANER WORM .3, 1 IN. N.611*. EMEND 25 A-uMwtY CM' 30467 1034.12 I. Skean Pats a Cului ado Ls..cnad Pruteanunah Lath loan w in halt Stare of C'ulaalu du hereby ...Wily that the ma bey ivpsesonlnt by that plat was elude ivl.k. My ya.mtal 'upon Lion and the du. plat Is at aa.wde tepiennlatnuu theca( I Mahe army that the unvey and liva plot aunphn with all applacablc tiles. regulation. ad I.wt u1 the Slate of Cola*. Slate Road of Itgpsttarfun fur P,ufeuiaul Fatima% and Peafaaunal I.ait Slut cyan and Weld Comfy Steven / % • tat Sdtslf a Mgaibe Surveying, LLC Culutake LIMAS Psufaalea. Lai Slamattst •)1145 NO IICE fait ROC N af4AR a Pn 8 - 1 I J apose-e aa91r I AQT$S A40 uS//r (AYMWI Owen /V10/ 4 S'C/15-0/JI AFC MD 4/64141 I fou9> /F MDR *14 3M' AIt.Ut4La CAP 'COST P,S 35721 ezetos• tJ' POW Gr ear Anaam �C A0 tsar *0v-(4t2u9W A aged a?' (A,etlr/ OMN/fD /O 10/ A otews-OF.0 Ar't se 4r6+fW I 1 Jr ACi7Sf o acne CAW/ AFC AO elogI 3 I . arav-latracW itrat- Ant YR/tr (ASAGV/ 049.4/10 /O r0/ .4 /4/CM-4.11 Oa AO slant/ JP AMU! tit Maar ea- .a0 4/.W+Y N agacaa War &WI/ /oar rant/ Poky le tirC Au WRAP Res! NORTKA$f CORNEA %Clot S. I.01, N 6811 rOMo 2 5 AJ1 WdlaN CAP s. 1000011I t 110a. t c 10467 89'49'34-W 58.38' i ' pt it. �1 of J pj1 o .D, PO vs f^ 1 O J in •sutG. 4raaraat mow ea C Av evnrr S02'14'29.1 28.79'- • CI Cr Auoa ttuag W 4doarb law you era .ullauau►s fry IVF al .sins baud upon am' Jam in this a.vvey within than yes. Mica yaw Rat dtsiawa such Alec In re nano may any malt bad as swan IACAAI in tkas l n e ha .wnneeaed owe that to lab from de date Giese cafbaceroa slaw liana L l 13G. I M C R E 2012) 'D.AO eEN' 4 KOMI a'N KJ PLAS1iC Gap Ls 30462 SO/ t aonr • Oe2arar aN)t&on WC MO Oaf 1 I 1 1 S88'53'20'W 772' a3. l0/ R art SIRSr WN1Afs*AtOAO / it 1401.66' sera ltaa, G4fawer a44wn wcaks ITC co//,aoort A-aarcNrr 17Nrra II at NO fain 1 1 vse 1 1 1 t it 'Ia a _ 1• — la A in. SCAT I sock/ a an' a &a (silt/ any drZ1v rat Act r, A at so .;!JILL/ OD' nay O on SOS S Para aW A ter re AS,SVV 111 7e• roust in- u JMNJI4 GAP W VO►Aa1EA7 SW. LS ur..' 7 Y WORD. Or NANO, P0yn0N MID ON PREI06IT. %URAL : -010- Is aP'CA-- till] QUM LR COOKY SECTION 1 Tim 11.6117 Map a NEVAa re'H 3.25 44.116/141.11 ZAP IN MOhbw[Nf 90X, I S 711144 w ti MAJESTIC SURVEYING waJw It 4.a4vt Veers lu m. 04&Mallr Valli, oats Sisal w%iosaa CO 50150 PROJECT NO 2025055 DATE 5-1-2025 DRAWN •Y SIP CrIECKED •V SIP NAME JFARMS CLIENT SCHROYER FILL NAME 2O25O55VAC SCALE. r • 1600' REVISIDIM { DATE 1 SHEET 1 Oil a J i� r.�raw',iNitia�vnf �e,uivar�ax�u �a � n O O O VICINITY MAP SCALE- '-1600' 589'04', n"N 1051.0]' 03..19' RECORDED OORDDCDD EXEMPTION MMPTION N000 1061-03-1 G,iC CK16=01X31 LOT 13" RECORDED E%EMPTION NO. 10813 -1 - THE NORTHEAST Z7CR CL SECTION 3, TOWNSHIP 4 NORTH, RANGE fib WEST OF 17E3:= NTY OF WELD. STATE OF COLORADO. EASEMENT CERTIFICATE I. wale, sm,. er a ca/i o, rs¢rum Ja mmrnyNetxe.ul�nanq ease ee« PROPER, OWNERS CERTHCATE: na�nm. e r i rC�sK-nom%. c...o us. iiu;. •..,M uc (rn �se w«�r«,vas uc, erT PY Yv� 'y„ �x . ,�/,l4 C,e,rlor )- DIM (WELD COUNTY ROAD 50) STATE HIGHWAY 60 � X59w '}2"E�«' 18Jv,a'(m) maven ei'wem+-"-i�ren^"�Nn, .. "r LOT B 1 ia,xo-.�rw mrow o.ao: enea 1Rau ry B R2 s69•Ga Ia^w I i 217,' (m.) ,a �,a�I $6y969n.,: 1e0'Rlp,� e pW rm,«, Owe,eeenr or ne a wa•. to) e • carnU�'�• . ,O n e«�o8wam E'er le) rnai aa.m ,n. [er�a.'.4 auk.. -o tmewe 90UR1 Id!rl � I I NpIIZONTAL SCALE: l' � 9➢R OEN.. NOTES °„:77-.7a..i t' eion.,•...e rim,...•r marve t") ,-�-,-xczae..re•w ., am x. leae.w. ae,m w ., ,_. ,o pp . em,oamer. •.•«" or ..I a .... P. [ cr�a. Naar•„ .a1 LINE LEGEND sniw«rneM / • ae ui awotr terra kn awe •w•tunr .R m� wt ,M mnim^.brr«am airr=•1 .� ren«Y C�eami •� . e. " _ w'aP�'dm, N. w.. Aar'•"w� .:. .. a em e I ewmxw: rimq•��.mwwehru• sne ernnxu a��mm. me. sr•'� wl•� er�wmwv w' r2�.•rxw�aisi m ee et.wn. ma mmn o•,rmY 17,,,=ioa wo .. 7,,i,•.m�mr ""�orpimlabm:b a�..e�a �eem:.�n ae•e : eaa srn. m•,a ., yore ro- nAr.mw�a [ en.'°r°'a,'angma " . eNemw .wew.•w .m. t ev m an10ir4ame<�m�'neni ie u.Ce• US ENCIHEENINC REC0NDED E%EYPTION NO. Ost-0,1 ..15-0131 Notice Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered on the Consent Agenda of the Weld County Board of Commissioners and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda by action of the Board, with said public hearing to be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified below. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: August 6, 2025 Hearing Time: 9:00 a.m. Applicant: J Farms, LLC c/o Troy McWhinney 2725 Rocky Mountain Avenue, Suite 200 Loveland, Colorado 80538 Request: Partial Vacation, VAC25-0009, of Two -Lot Recorded Exemption, RECX15-0131, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX15-0131; being part of the NE1/4 of Section 3, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to Interstate 25 (1-25); south of and adjacent to State Highway 60 (County Road 50) (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: July 25, 2025 Weld County Clerk to the Board's Office Certificate of Mailing Form Partial Vacation of RECX15-0131 First Name Last Name Company USE REAL ESTATE HOLDINGS LLC TROY MCWHINNEY N N EY J FARMS LLC KATY THOMPSON SCHROYER RESOURCES Address 1 3433 ROANOKE RD City KANSAS CITY State MO 2725 ROCKY MOUNTAIN AVE STE 200 LOVELAND CO 1337 FORT RIVERSIDE COLLINS AVE STE 3 CO Postal Code 64111- 3726 80538- 8717 80524 I hereby certify that I have sent a notice in accordance with the notification requirements of Weld County for Partial Vacation of Two -Lot Recorded Exemption, RECX15-0131, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 25th day of July, 2025 �1l • LOOM IDick Janet M. Warwick Deputy Clerk to the Board ru 1• O rR CI U.S. Postal Service'' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com -. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees sst.51-T':.'PecCa.ta tad ZIP O.:a. d-ld 411N371 Postmark Here n-5 i PS Form 3800 Januar 2023 PSN 7530-02-000-9047 See Reverse for Instructions Page 1 of 1 COMPLETE THIS SECTION ON DELIVERY Q X > 451 a) 0 U r B. Received by (Printed Name) N }z DD N E W c) • 76 ocol ''- m . `2 L -a cu 92 ro J Co p p L co . 0 a) w a O O i a) > 'a a) O E _tea) C O O Oui En a3 E �� nCr) co a) U U L o a C U ai 4E' U O .� a) ) o .s= bo noU°Qo a. ■ U. ■ 2 Q C %n in 1 v ‘r) cst) V .-. to a) CC p. r c o o c ft 0 0 UU m ins O ro cv CD.> c c W CD .°) .C7) CC O CA CO QED DO C) a) r U N a) Cr 0 U 4- N a) E©CC C too 5t t Q �U ❑ ❑❑❑E 9590 9402 8994 4122 3448 55 2. Article Number (Transfer from service label) c .> a V a) U) a) cc C •05� Len ru a S NI tO U- Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U, LSI .D lru EN Lan 11.1 r -R Q... U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery $ Postage Total Sent St "Ci a Irtx1.anatkcLLOlwtne,tj i crvi v'LL-G -- tare; 114 "-- .1 1 I at .+ No. Postmark Here 61.c 50537 PS Form 3800, Januar 2023 PSN 7530-02-000-9047 See Reverse for Instructions a)) a O U ■ a) a) cn a) D cQ El U) a) cn C) 0 C) 5- co -a Ct E C 5- 0 42 0 CC th C)) E O 0 z 0 . 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V a) 11J o 1O >- mTer 0 C C 0 465 a) cc 2 0 0 .17'1 Cl 0 O 00 •- - > C C 0 o.a .cn.c2' as CC Cr O cA CD Cr ❑❑❑ ❑❑ ≥ 0 C) O U -o U Cr cc !,,71 :al >.�� c'c�sOO G C U2 to = U U -0-0a)ate)ao <<OOOO OCIDOCIED NNIMINI ISM CV CO CO gcr CV N- a) co O a) C) a) Domestic Return Receipt C) V 4- -. rn a) CC aj a a- ssn Ln ru -o O Ln U rl 0) 0 L c .O z z E' U r act m' N a fU Ln CI rR PS Form 38111 July 2020 PSN 7530-02-000-9053 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com` Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ _ Postage Total a and Fees rci c R tso Sent To r l StrQe>;�rt' `- AO Bo No. 51% fa 5 Postmark Here WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/8/2025 1:46:30 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, https://maps.weld.gov/propertyportal/, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel# 106103100031 Signature l)20t5 Date Account Parcel Owner Mailing Address R8974495 R8975514 R4653886 R4653886 R4654586 R4654586 R8944045 R8977959 R8977960 M1043997 M3317886 106102200011 106102300011 106103000015 106103000015 106103000019 106103000019 106103100028 L -A 106103100030 106103100031 L4 106103200025 106103200025 FORESTAR (USA) REAL ESTATE GROUP INC VISTA AG PROPERTIES LLC BUCKLEY WILLIAM RAY BUCKLEY PAMELA MARIE FLASCHENRIEM MELVIN FLASCHENRIEM JOAN N USE REAL ESTATE HOLDINGS LLC 2221 E LAMAR BLVD STE 790 ARLINGTON, TX 760067458 505 E 8TH AVE APT A YUMA, CO 807592128 3588 E STATE HIGHWAY 60 LOVELAND, CO 805378255 25871 COUNTY ROAD 52 KERSEY, CO 806448814 3433 ROANOKE RD KANSAS CITY, MO 641113726 DEPARTMENT OF TRANSPORTATION 2829 W HOWARD PL STATE OF COLORADO DENVER, CO 802042305 J FARMS LLC 2725 ROCKY MOUNTAIN AVE STE 200 LOVELAND, CO 805388717 M & J DAIRY 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 Page 1 of 4 Property Owners Within 500 Feet of Parcel# 106103100031 R6777815 106103200025 R7537399 106103411002 R8123299 106103413001 R8123399 106103413002 R8123499 106103414001 R8123599 106103414002 R8123599 106103414002 R8123599 106103414002 R8123599 106103414002 R8123599 106103414002 R8123599 106103414002 R8123699 106103414003 R1508302 106103423001 R1508402 106103423002 R1508502 106103423003 R1508602 106103423004 R1508702 106103423005 R1508802 106103423006 R1508802 106103423006 R1508902 106103423007 R1509002 106103423008 R1509102 106103423999 R8981147 106103426032 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 USE REAL ESTATE HOLDINGS LLC 3433 ROANOKE RD KANSAS CITY, MO 641113726 MOUNTAIN VIEW COMMERCIAL LLC PO BOX 536 WINDSOR, CO 805500536 DULAIN LLC 21506 COUNTY ROAD 1 BERTHOUD, CO 805139116 SWCP LLC 14985 60TH ST N STILLWATER, MN 550826696 PACIFIC RELIANT THREE LLC (39.75% 2055 3RD AVE STE 200 INT) SAN DIEGO, CA 921012058 LOCK AWAY VENTURE LLC (37.75% INT) MUNSON FAMILY TRUST (5.875% INT) MUNSON MATTHEW TRUST (2.9375% INT) MUNSON MELANIE TRUST (2.9375% INT) PACIFIC RELIANT FOUR LLC (10.75% INT) COLORADO LIGHTING INC FABRIZIUS VELERIA FABRIZIUS VELERIA FABRIZIUS VELERIA FABRIZIUS VELERIA NANNINGA HOLDINGS LLC ALLBRITTEN I WESLEY ALLBRITTEN L EILEEN COLUMBINE TOOL & DIE INC VAUGHN LIVING TRUST BASHER DRIVE CONDO UNIT OWNERS DEPARTMENT OF TRANSPORTATION 2829 W HOWARD PL STATE OF COLORADO DENVER, CO 802042305 1831 E 73RD AVE DENVER, CO 802296916 12620 COUNTY ROAD 108 CARR, CO 806129013 12620 COUNTY ROAD 108 CARR, CO 806129013 12620 COUNTY ROAD 108 CARR, CO 806129013 12620 COUNTY ROAD 108 CARR, CO 806129013 PO BOX 272504 FORT COLLINS, CO 805272504 5213 LONGS PEAK RD UNIT F BERTHOUD, CO 805139192 5213 LONGS PEAK RD UNIT F BERTHOUD, CO 805139192 925 HOVER ST # IL 209 LONGMONT, CO 805014782 NON ASSESSABLE Page 2 of 4 Property Owners Within 500 Feet of Parcel# 106103100031 R8981148 106103426033 125 GATEWAY CENTER OWNERS PO BOX 3474 ASSOC INC EVERGREEN, CO 804373474 R8973483 106103427002 DEPARTMENT OF TRANSPORTATION 2829 W HOWARD PL STATE OF COLORADO DENVER, CO 802042305 R8973484 106103427003 E&J LLC PO BOX 322 BRUSH, CO 807230322 Parcels: 27 Owner Records: 37 Page 3 of 4 Property Owners Within 500 Feet of Parcel# 106103100031 Page 4 of 4 Plat Vacation Application Recorded Exemptions & Subdivision Exemptions Planning Department Use: Date Received: Amount $ Case # Assigned: Application Received By: Planner Assigned: Plat Information Title of plat to be vacated: Lot B of Recorded Exemption No. 1061 -3 -RE 226 ❑ Complete Vacation (must include all lots) DU Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements N E 1/43 -4N -68W S T R B 106103100031 112 ac n/a P roperty Owner(s) (Attach additional sheets if necessary.) N ame: Troy McWhinney Company: J Farms LLC P hone #: 970-227-9269 Email: Troy.mcwhinney@mcwhinney.com Street Address: 2725 Rocky Mountain Ave Ste 200 City/State/Zip Code: Loveland, CO 80538 ApplicanbiAuthorized Agent (Authorization form must be included if there is an Authorized Agent.) N ame: Katy Thompson Company: Schroyer Resources P hone #: 719-248-3763 Email: katy@schroyerresources.com Street Address: 1337 Riverside Ave Suite #3 City/State/Zip Code: Fort Collins, CO 80524 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. or if an Authorized Agent signs. an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation. ev dence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptio Signavre: Owner or Authorized Agent Troy'McWhinney Print: Owner or Authorized Agent 04/16/2025 4/18/2025 Date Signature: Owner or Authorized Agent Date Katy Thompson Print: Owner or Authorized Agent 01/24 3 I, (We), Troy McWhinney (Owner — please print) Departments of Planning Building, Development Review and Environmental Health 1402 North 17TH Avenue P.O. Box 758 Greeley, CO 80632 Authorization Form give permission to Katy Thompson (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Parcel #: 106103100031 Lot B of Recorded Exemption No. 1061 -3 -RE 226, NE 1/4 3 - 4N - 68W Legal Description: of Section , Township N, Range W Subdivision Name: Property Owners Information Address: 2725 Rocky Mountain Ave Ste 200, Loveland, CO 80538 Lot Block Phone: 970-227-9269 E-mail: troy.mcwhinney@mcwhinney.com Authorized Agent/Applicant Contact Information: Address 1337 Riverside Ave Suite 3, Fort Collins, CO 80524 Phone: 719-248-3763 E -Mail: katy©schroyerresources.com Correspondence to be sent to: Owner X Authorized Agent/Applicant X by: Mail Email X Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date Date Owner Si ure ' ' Owner Signature Subscribed and sworn to before me this V day of niGtt./ 20 72-'6-- by ¶ro VV1GW ►'6 ntol) My commission expires 4pn) ID--44i2o29 01/24 Notary ublic HANNAH KVIDERA NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 2O254O1373O MY COMMISSION EXPIRES APR 10, 2O29 4 5032834 Pages: 1 of 2 06/02/2025 10:11 AM R Fee:$18.00 Carly Koppes Clerk and Recorder, Weld County CO VIII .?!IL ilirrig IR 11111 STATEMENT OF AUTHORITY (C.R.S. Section 38-30-172) This Statement of Authority is executed on behalf of the entity named below pursuant to C.R.S. Section 38-30-172. 1. Name of entity: J Farms. LLC 2. Type of entity: a limited liability company 3. State of formation: Colorado 4. Mailing address: 1800 Wazee Street, Suite 200, Denver, CO 80202 5. Persons authorized to execute instruments conveying. encumbering, or otherwise affecting title to real property on behalf of the entity: Troy McWhinney, as Vice Chairman of McWhinney Real Estate Services, LLC, a Colorado limited liability company. Manager of J Farms, LLC, a Colorado limited liability company. 6. The authority of the foregoing persons to bind the entity is not limited. Dated this a day of U1i k , 2025. [Signatures Appear on Following Pagel 5032834 Pages: 2 of 2 06/02/2025 10:11 AM R Fee:$18.00 Carly Koppel, Clerk and Recorder, Weld County CO III! l��.rGi�4!U I��'Ir � it ti� �� U1 Kali Oki 11111 J Farms, LLC. a Colorado limited liability company. By: McWhinney Real Estate Services. LLC. a Colorado limited liability company. its Manager By: Troy cWhinney, Vice Chairman STATE OF COLORADO ) ' `,- ss. COUNTY OF L/lrneir) The foregoing instrument was acknowledged before me this 2 day of J vn e. , 2025, by Troy McWhinney, as Vice Chairman of McWhinney Real Estate Services, LLC, a Colorado limited liability company, Manager of J Farms, LLC, a Colorado limited liability company. Witness my hand and official seal. HANNAH KYIDERA 1 NOTARY PUBLIC - STATE OF COLORADO I NOTARY ID 20254013730 MY COMMISSION EXPIRES APR 10, 2029 IeWelPellernelPellPelPielleeMPUTIPWla Notary Public My commission expires: i Ors / 104/ 2 -Pa I M --Fried Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 11/02/2015 03:01 PM ID Number: 20151712044 Document number: 20151712044 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is J Farms, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd liability co. ", "finned", "1.1.c. ", "11c", or "lid". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 2725 Rocky Mountain Ave (Street number and name) Ste 200 Loveland CO 80538 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) McWhinney Real Estate Services, Inc. (Last) (First) (Caution: Do not provide both an individual and an entity name.) Street address 2725 Rocky Mountain Ave (Middle) (Suffix) (Street number and name) Ste 200 Loveland (City) CO 80538 (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of3 Rev. 12/01/2012 CO (City) (State) (ZIP Code) e following statement is adopted by marking the box.) ✓ The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (Last) (First) (Middle) (Safic) (if an entity) McWhinney Real Estate Services, Inc. (Caution: Do not provide both an individual and art entity name.) Mailing address 2725 Rocky Mountain Ave (Street number and name or Post Office Box information) Ste 200 Loveland CO 80538 (City) (State) (ZIP/Postal Code) United States . (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box) Q one or more managers. or El the members. 6. (The following statement is adopted by marking the box) 0 There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment) EI This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Harbath Amy (Last) (First) (Middle) (Suffix) c/o McWhinney (Street number and name or Post Office Box information) 2725 Rocky Mountain Ave Ste 200 Loveland CO 80538 (City) (State) (ZIP/Postal Code) United States . (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marling the box and include an attachment) O This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 Weld County Treasurer Statement of Taxes Due Account Number R8977960 Parcel 10610310003 I Assessed To 1FARM, ILC 2725 ROC, MOUNT A iN AVE S f'F: 200 LOVI LAND. CO 80538-8717 Legal Desert,. Sans Address Tax Tax Charge Interest Fees Payments Balance 2024 $8,080.44 $0.00 $0.l)U ($8,(180.44) $0.00 Total Tax Charge $0 00 Grand Total Due as of 0,24/2025 $0.0(1 Tax Billed at 2024 Rates for Tax Area 5915 - 5915 Authority WELD COUNTY SC11OO1. DIST R2J-L.OVELAND NORTHERN COLORADO WATER (NC BER HOUD FIRE PROTECTION DI HIGH PI AI, LIBRARY Taxes Billed 2024 Credit Levy Mill Levy Amount Values Actual Assessed 15.9560000* $1.63422 MANUFCI-NGIPROCF $274.860 $76.690 44 8820000* $1.596 8? 001 F AND I 0(100000 $102 42 AG -FLOOD $07.430 $25.720 IRRRIGATLD LAND 13 87800(03 $L421 3y AG-14AS'I I: LAND NI I $10 1.1700(00 $325.591 Total $372.301 0102.420 78 8950(.0 08.080.44 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH Weld County Treasurer's Office 1400 N 17n' Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed)lit''il, ki646, Date'N/I4225 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 If Irlig Land GUARAAtTFF a,Si,ra-s Date: Enclosed 8298 Subject: you Chain Plat or 2025 inquiries county Documents: Title find Policy/Guarantee your recorded or product require LAND relating further the under GUARANTEE please located contact no. at COMPANY HIGHWAY Title Customer 60, JOHNSTOWN, Care Team at CO 80534. (970) 305- i TITLE to assistance, 12/23/2015 property reception TBD Land r April have Map(s): Title CXiMPANY 967 customercare@ltgc.com of Attached Weld - please 14, any Title 4167849 recorded 12/17/2015 under reception no. Weld county 4165964 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, hens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured;(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as ofthe Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions 1. The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. 2. In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371- 1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed and made a part of this policy. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 l i rnrer, Colorado 80206 03-321-1880 iriFg Craig B. Rants, Senior Vice President ��p1.tITLF.•.•� G. * (it ***II 17110, AbtaJ?d, Tf D� : nesc secrecery IC NATIONAL TITLE INSURANCE COMPANY stsbor Blvd., Suite "° Tampa, Floritla il= wxri.olRr•p�bllcbb•.com AMERICAN LAND TITLE ASSOCIATION YY Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCC25216611 Policy No.: PIB25216611.28266908 Liability: $50,000.00 Fee: $540.00 Subject to the exclusions Stipulations from coverage, hereto the annexed limits of and liability and other a part of this provisions Binder, of the Conditions and made OLD REPUBLIC NATIONAL TITLE INSURANCE GUARANTEES COMPANY a Corporation, herein called the Company, J FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY Herein called the Assured, against loss, not exceeding the liability stated above, which the assured amount shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of April 07, 2025 at 5:00 P.M. 1. J Title FARMS, to said LLC. estate A COLORADO or interest LIMITED at the date LIABILITY hereof is COMPANY vested in: 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : FEE SIMPLE 3. The Land referred to in this Binder is described as follows: LOT B. RECORDED EXEMPTION NO. 1061-3-1- RECX15-0131, RECORDED DECEMBER 17, 2015 AT RECEPTION NO. 4165964, LOCATED IN THE NE 1/4 OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THAT PORTION AS CONVEYED BY SPECIAL WARRANTY DEED RECORDED APRIL 27, 2022 AT RECEPTION NO. 4822378. 4. The following documents affect the land: 1. RIGHT AS ESTABLISHED OF WAY FOR COUNTY BY THE BOARD ROADS OF 30 COUNTY FEET ON COMMISSIONERS EITHER SIDE OF SECTION FOR WELD AND COUNTY, TOWNSHIP RECORDED LINES, OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 2. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED APRIL 24. 1885 IN BOOK 43 AT PAGE 162. 3. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED FEBRUARY 10, 1886 IN BOOK 43 AT PAGE 281. 4. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED MARCH 05, 1907 IN BOOK 414 AT PAGE 486. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCC25216611 Policy No.: PIB25216611.28266908 5. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED JANUARY 12. 1920 IN BOOK 549 AT PAGE 268 6 RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN INSTRUMENT RECORDED OCTOBER 0 - , 1941, IN BOOK 1084 AT PAGE 304. 7 ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 14, 1949, IN BOOK 1240 AT PAGE 358, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 8. ANY AND ALL MINERAL INTEREST IN AND UNDER DESCRIBED PROPERTY AS CONVEYED BY DEED RECORDED MARCH 11, 1959 AT RECEPTION NO. 1299761 ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 9. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED SEPTEMBER 22, 1960 IN BOOK 1567 AT PAGE 74. 10. TERMS, CONDITIONS AND PROVISIONS OF ACCESS RIGHTS RECORDED SEPTEMBER 22. 1960 IN BOOK 1567 AT PAGE 75. 11. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 02. 1965 UNDER RECEPTION NO. 1476801. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT O= EXEMPTION RECORDED AUGUST 17, 1976 UNDER RECEPTION NO. 1696408. 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 27. 1985 UNDER RECEPTION NO. 2026396. 14. OIL AND GAS LEASE RECORDED JUNE 15, 2012 UNDER RECEPTION NO. 3852944 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. DECLARATION OF POOLING RECORDED JULY 27, 2018 AT RECEPTION NO. 4418554. 15. OIL AND GAS LEASE RECORDED APRIL 18, 2014 UNDER RECEPTION NO. 4010011 AND 4010012 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. DECLARATION OF POOLING RECORDED JULY 27, 2018 AT RECEPTION NO. 4418554. 16. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL REVIEW MAP RECORDED MAY 07, 2014 UNDER RECEPTION NO. 4014644. 17. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ACCESS AND UTILITY EASEMENT RECORDED DECEMBER 11, 2015 UNDER RECEPTION NO. 4164982. 18. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF DRAINAGE EASEMENT RECORDED DECEMBER 11, 2015 UNDER RECEPTION NO. 4164983. 19. EASEMENTS. CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF RECORDED EXEMPTION NO. 1061-03-1 RECX15-0131 RECORDED DECEMBER 15, 2015 UNDER RECEPTION NO. 4165964. 20. ALL MATTERS AS SHOWN ON MINOR USE BY SPECIAL REVIEW MUSR15-0018 RECORDED DECEMBER 17, 2015 AT RECEPTION NO. 4165965. 21. TERMS, CONDITIONS AND PROVISIONS OF SURVEY MATTERS AS SET FORTH IN DEED RECORDED DECEMBER 23, 2015 UNDER RECEPTION NO. 4167849. 22. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED DECEMBER 23, 2015 UNDER RECEPTION NO. 4167850. 23. OIL AND GAS LEASE RECORDED MAY 24, 2016 UNDER RECEPTION NO. 4205807 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. DECLARATION OF POOLING RECORDED JULY 27, 2018 AT RECEPTION NO. 4418554. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCC25216611 Policy No.: PIB25216611.28266908 24. OIL AND GAS LEASE RECORDED JANUARY 16, 2018 UNDER RECEPTION NO. 4367784 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. DECLARATION OF POOLING RECORDED JULY 27, 2018 AT RECEPTION NO. 4418554. 25. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENT AND RIGHT OF WAY GRANT RECORDED JANUARY 25, 2018 UNDER RECEPTION NO. 4370471. MODIFICATION RECORDED NOVEMBER 17, 2021 AT RECEPTION NO. 4776835. 26. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT ON PERMIT FOR EASEMENT CROSSING RECORDED FEBRUARY 21, 2018 UNDER RECEPTION NO. 4376901. 27. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SURFACE USE AGREEMENT RECORDED AUGUST 10, 2018 UNDER RECEPTION NO. 4422485 AND AMENDED DECEMBER 18, 2018 AT RECEPTION NO. 4454548. 28. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 06, 2019 UNDER RECEPTION NO. 4471823. 29. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENT AND RIGHT OF WAY GRANT RECORDED APRIL 03, 2019 UNDER RECEPTION NO. 4478614. 30. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY GRANT RECORDED APRIL 25, 2019 UNDER RECEPTION NO. 4484219. 31. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF EXEMPTION RECORDED JULY 11, 2019 UNDER RECEPTION NO. 4504935. 32. EXISTING LEASES OR TENANCIES. 33. TERMS, CONDITIONS AND PROVISIONS OF POSSESSION AND USE AGREEMENT RECORDED SEPTEMBER 03, 2021 UNDER RECEPTION NO. 20210083502. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $135 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. THIS PRODUCT WILL ONLY BE UPDATED FOR 24 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE ORIGINAL BINDER. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON. IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: PTI USA Manufacturing LLC RECX15-0131 I Planner: D. Aungst Legal Description: Lot R68W B of of the Recorded 6th P.M., Exemption Weld County, RE -226 CO being part of the NE4 of Section 3, T4N, Parcel ID #: 1061-03-0-00-014 Lot A Size: +/- 12.00 acres 1 Lo: B Size: +/- 114.00 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System: Lot Lot A: B: Proposed Proposed Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24 8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. The applicant has proposed a well as the source of adequate water for the Lots. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2 A Weld County Septic Permit is required for the proposed lots septic systems if a residence is constructed. The systems shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. RECX15-0° 31 Page 1 of 5 3. Prior to recording the plat A. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1061-03-1 RECX15-0131. B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit and the right-of-way for SH 60 and any additional requirements that may be required. C. Show the approved Colorado Department of Transportation (CDOT) access(es) on the plat and label with the approved access permit number if applicable. D. Show the approved City of Johnstown access(es) on the plat and label with the approved access permit number if applicable. E. Show and label all easements with the recorded document reception number and date on the plat. F. Show and label a 30 foot minimum commercial access and utility easement to provide legal access to Lot A of RECX15-0131 across Lot B of RECX15-0131 on the plat. G. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. *No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. RECX15-0131 Page 2 of 5 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) Potential purchasers should be aware that the Lots may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) A Weld County Septic Permit is required for any proposed septic system(s) and shall be installed according to the Weld County On -site Wastewater Treatment Systems Regulations. 11) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lots have an adequate water supply of sufficient quality, quantity and dependability. 12) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 13) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Wide Road Impact Fee Program. 15) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 16) Potential Purchasers are hereby notified that a confined animal feeding operation, USR-576, USR-590 and SUP -358 is located directly west of the site. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. RECX15-0131 Page 3 of 5 17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from RECX15-0131 Page 4 of 5 subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) paper copy or one (1) electronic .pdf version of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.00.us. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Diana Aungst - PI ner RECX15-0131 Page 5 of 5 Date: October 23, 2015 Hello