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Home My WebLink About20232222.tiffDocuSign Envelope ID: 375D6479-2EE7-49C0-B0BA-C29857DBAAAD CHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: COZ23-00 PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? No / I— Yes Violation Case Number: Site Address: 312 County Road 19, Weld County, CO 80603 Parcel Numbers: 1 4 6 9 _ 3 4 _ 3 _ 0 0 _ 0 0 5 - -- --- --- --- --- --- --- --- --- --- --- --- Legal Description: P- T SW4/W2SE4 34-1-67 LOT A REC EXEMPT RECX13-0054 Section: 34 , Township 1 N, Range 67 W # of Lots: 1 Total Acreage: 34.98 Floodplain: No / P Yes Geological Hazard: REZONING Existing Zone District(s): Ag No / P Yes Airport Overlay: F - No / P Yes Proposed Zone District: C 3 Business Commercial PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Jack A. Seltzer, Trustee Company: Robert L. Seltzer Family Trust Phone #: (435) 459-0437 Email: jseltzer2013@gmail.com Street Address: 33641 WCR 83 City/State/Zip Briggsdale, CO 80611 Code: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Craig Poulsen Company: Brighton Outdoor Storage Phone #: (303) 887-5368 Email: dcpoulsen@gmail.com Street Address: 540 Main St .Unit 218-332 City/State/Zip Code: Windsor, CO 80550 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. 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, evidence must be included indicating the signatory has the legal authority to sign for the corporation. 3/3/2023 17:29 PM EST �ae.k. S'ettt , `SIE�atFi9�'... _ Jack A. Seltzer Date Signature Date Print Print 9/10/21 7 F- DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17T" AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Robert L. Seltzer Family Trust Robert Dernaree I. (We), , give permission to (Owner,— please print) (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: Weld County Parcel Number: 146934300005 Legal Description: See below of Section 34 , Township 1 N, Range 67 Subdivision Name: LOT A REC EXEMPT RECX13-0054 Lot Block Property Owners Information: Address: (435) 459-0437 Phone: E-mail: jseltzer2013@gmail.com Authorized Agent/Applicant Contact Information: 150 Main Street Unit 2429 Longmont, CO 80501 Address: Phone: (317) 306-9823 Bob.demaree ctJi kw.com E -Mail: Correspondence to be sent to: Qwner Q Authorized Agent/Applicant by: Mail O Email Fi Additional Info: e c,crr.J 4.) 1 (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_ t r ner O Signature ,, 11 Date _ Owner Signature Subscribed and sworn to before me this l day of Gcdt2iX My commission expires IbCI l "�� ,,. HEIDIAS 8Y 4 Notary Public • Arizona Yavapai County Commission # 576787 My Comm, Expires Feb 9, 2024 Date DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17T' AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Robert L. Seltzer Family Trust Craig Poulson I, (We), , give permission to (Owner— please print) (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: Weld County Parcel Number: 146934300005 Legal Description: See below of Section 34 , Township N, Range 67 W Subdivision Name: LOT A REC EXEMPT RECX13-0054 Property Owners Information: Address: Phone: (435) 459-0437 Lot Block 33‹,w LO c d g � / / c, &c `` :1 c o 6 11 E-mail: jseltzer2013@gmail-com Authorized Agent/Applicant Contact Information: Address: 540 Main St. Unit 218-332 Windsor, CO 80550 Phone: (303) 887-5368 dcpoulsen@gmail.com E -Mail: Correspondence to be sent to: Owner O Authorized Agent/Applicant by: Mail O Email PI Additional Info: 4.) OP.� �.¢T/.06 /ff iCsrsF ) i 1 !/C OS .4 L. t (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. „.294 7 Date .,1 5 Date Owner Signature Owner Signature Subscribed and sworn ,to before me this 9 day of 1r LP , 20 L. by My commission expires QC I ?CLL.( HEICI ASHBY Notary Public - Arizona Yavapai County Commission x 576787 My Comm, Expires Feb 9, 2024 R9t, Not :ry Public DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), I�c6Rr,c i A. 4; cA Michael Dente give permission to (Owner,— please print) / '`,Y s7--dp (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: 312 County Road 19, Brighton, CO 80603 Legal Description: LOT A REC EXEMPT RECX13-00 of Section 34 , Township 1 N, Range 67 W Subdivision Name: Property Owners Information: Address: 334, V/ ice" G_33i A e,(Js •� [ h cc? ,/ (435) 459-0437 Phone: Lot Block E-mail: jseltze2013@gmail.com Authorized Agent/Applicant Contact Information: 1142 Judson St. Longrnnt, CO 80501 Address: 720-841-7275 Phone: michael.dente@kw.com E -Mail: Correspondence to be sent to: Owner U Authorized Agent/Applicant ii by: Mail El Email 0 Additional Info: 'is P6,2 (14:%4 L?-rc4)6 -46/e k iv( Rc-.J7-- 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. ,. 4_, 7a6 Date /IPA' Date wner Signature Owner Signature Subscriled and s orn to before me this My commission expires �... 1 oF.•-•,, HEIDIASF18" F�\ Notary public - ArIzona Yavapai County � J CommiHsian r 5767$7 '9'2 " M.Y Comm. Expires Feb 9, 202,4 day of v ��`�fLr , 20 by Na ary Pu+ is s tLQ DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM dark e1#:Ief- a6�.�7 /,. SAS i zk.2 Robert Rickard I, (We),-,�.,.�r 7asr, give permission to (Owner-- please print) q (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: 312 County Road 19, Brighton, CO 80603 Legal Description: LOT A REC EXEMPT RECX13-00 of Section 34 , Township 1 N, Range 67 W Subdivision Name: Lot Block Property Owners Information: Address: 4638 N Caughran tad_ Camp Verde, AZ 86322 3�, S/ e-c,G'R Cz��, �l Phone: (435) 459-0437 m jseltzer2013@gmail.co E-mail: Authorized Agent/Applicant Contact information: Address: 3021 Gardenia Way Superior, CO 80027 (303) 521-7376 Phone: rockcreeksurvey@gmailcom E -Mail: Correspondence to be sent to: Owner ©_ Authorized Agent/Applicant fl by: Mail O Email Additional Info: j r5 c, /t Cc-c.2O7 1-=;14. 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. Owner Signature Date /h/3 Date Owner Signature Subscribed and sworn to before me this day of My commission expires 009 7.0-2 4 4 �sresraT HEIDIASHBY I f r�Notary Public - Arizona ( Yavapai County �+*?: Commission # 576787 My Comm. Expires Feb 9, 2024 DA, , 20 L-5 by No ry Public DEPARTMENTS • OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402: NORTH 1'7THAVENUE PO SOX 758 GREELEY, CO 80632; AUTHORIZATION FORM 1, (We), . - wey , give permissian.ta n: (Owner — please print) (Authorized Agent/Applicant:please print) to apply for any Planning, Building,. Access,: Grading or t lNTS-permits an our behalf, for the property located at (address or parcel number) below: t9 ` e ,n Legal Description: of Section . 4 ; Township 1 N , Range Subdivision Name: wi9r t +a► Lot ; Property' Owners Information: Address: 4 ( 1 . Co_L� w1 ail/ Wl Phone: t= , " '-'43' `, :b 4 3 E-mail: E' �, c t,.-. +'" ` i Authorized Agent/Applicant Contact Information: Address: _ 3 t Block Phone:.,- L `S`'"7 EMail: Correspondence °₹o be sent to: Owner Authorized Agent/Applicant by: Mall : `Email-__ Additional info: ��( �' Grlf�hS �'�!�tf-4.. 4o/be ,Cs./e.%`ks fed* ZA- 6t)de fi -, ' Gam' ' esf _ d.4".i!/.t- eca<kATiK) . 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 . d Date Owner Signature Subscribed and :_ am to before me this i 2 . day of My commission expires F ao Ro.P.L' NOtery"Public 20' by Shawna Patten Notary Public Yavapat County, Arizona My Comm: Expires 08.20-2026 OtiftiHilrsib i No. 693917 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80832 AUTHORIZATION FORM I, (We , ( j C. ,K- "51;t.,.Atz,:.e,;give perrnissior+ to 417.c, 6 Cv‘ op,.; (Owner please print)' (Authorized Agent/Applicant-=please print) to apply for any Planning, Building,.Access, Pisa:Ung,ar OWTS`permits on our behalf, for the property located at (address or parcel number) below: L. _ ct o r t YZ 1 c ,r41 o Co b SO 6 3 Legal Description Subdivision Name: 9.4fc Property Owners Information: Address:[ . of Section `� ' . , Township N Range Col :W 4-rc n Lot Stock 3, askrayet 1) nip Vtte: Phone::. S'." 459- 7 4 31 ' E-mail: (,.4-ver v t Authorized Agent/ApplicantContact information: Address`, .. A 0.2> t (51.44,(4. t 44/e 4,04t2. Cot -CANS L` . Phone: .. " `� t €Mall: b +Drat ; ;c.P. ta. ... Correspondence to be sent to: owner Authorized Agent Applicant 11 by: Mail Etnati 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.. Owner Signature Date /.z7,?,. .. ,Date Owner Signature Subscribed and sworn ₹o before me this r day of (4 y . , 20 )-' by Jack if My commission expires . S/ oe Gab tea Notary Public ShawnaPatten Notary Public Yavapal County, Arizona My Comm. Expires 08-20-2026 6emr1tissioh No. 633817 DEPARTMENTS • OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402: NORTH 1'7THAVENUE PO SOX 758 GREELEY, CO 80632; AUTHORIZATION FORM 1, (We), . - wey , give permissian.ta n: (Owner — please print) (Authorized Agent/Applicant:please print) to apply for any Planning, Building,. Access,: Grading or t lNTS-permits an our behalf, for the property located at (address or parcel number) below: t9 ` e ,n Legal Description: of Section . 4 ; Township 1 N , Range Subdivision Name: wi9r t +a► Lot ; Property' Owners Information: Address: 4 ( 1 . Co_L� w1 ail/ Wl Phone: t= , " '-'43' `, :b 4 3 E-mail: E' �, c t,.-. +'" ` i Authorized Agent/Applicant Contact Information: Address: _ 3 t Block Phone:.,- L `S`'"7 EMail: Correspondence °₹o be sent to: Owner Authorized Agent/Applicant by: Mall : `Email-__ Additional info: ��( �' Grlf�hS �'�!�tf-4.. 4o/be ,Cs./e.%`ks fed* ZA- 6t)de fi -, ' Gam' ' esf _ d.4".i!/.t- eca<kATiK) . 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 . d Date Owner Signature Subscribed and :_ am to before me this i 2 . day of My commission expires F ao Ro.P.L' NOtery"Public 20' by Shawna Patten Notary Public Yavapat County, Arizona My Comm: Expires 08.20-2026 OtiftiHilrsib i No. 693917 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80832 AUTHORIZATION FORM I, (We , ( j C. ,K- "51;t.,.Atz,:.e,;give perrnissior+ to 417.c, 6 Cv‘ op,.; (Owner please print)' (Authorized Agent/Applicant-=please print) to apply for any Planning, Building,.Access, Pisa:Ung,ar OWTS`permits on our behalf, for the property located at (address or parcel number) below: L. _ ct o r t YZ 1 c ,r41 o Co b SO 6 3 Legal Description Subdivision Name: 9.4fc Property Owners Information: Address:[ . of Section `� ' . , Township N Range Col :W 4-rc n Lot Stock 3, askrayet 1) nip Vtte: Phone::. S'." 459- 7 4 31 ' E-mail: (,.4-ver v t Authorized Agent/ApplicantContact information: Address`, .. A 0.2> t (51.44,(4. t 44/e 4,04t2. Cot -CANS L` . Phone: .. " `� t €Mall: b +Drat ; ;c.P. ta. ... Correspondence to be sent to: owner Authorized Agent Applicant 11 by: Mail Etnati 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.. Owner Signature Date /.z7,?,. .. ,Date Owner Signature Subscribed and sworn ₹o before me this r day of (4 y . , 20 )-' by Jack if My commission expires . S/ oe Gab tea Notary Public ShawnaPatten Notary Public Yavapal County, Arizona My Comm. Expires 08-20-2026 6emr1tissioh No. 633817 Gmail - Seltzer - Your Dad's Will Page 1 of 2 Jack Seltzer <jseltzer2013@gmail.com> Seltzer - Your Dad's Ill 1 message Mark Nesbitt <mnesbitt@fognanilaw.com> Wed, Feb 4, 2015 at 2.50 PM To: "Jack Seltzer (jseltzer2013@gmail.com)" <jseltzer2013@gmail.com>, "Timothy R. Seltzer (tim.seltzer@ecolab.com)" <tim_seltzer@ecolab.com> Cc: Kathleen Repko <krepko@fognanilaw.com>, Robyn Whetsel <rwhetsel@fognanilaw.com> Jack, Tim, Attached is a copy of your dad's will, plus the Affidavit of Property Held by Trust. Because the trust was formed by your dad's Last Will and Testament, it is called by lawyers "a testamentary trust." See Section 4.03 where the trust was created due to the fact your mother survived your dad. Then see Sec. 5.03 where the trust will terminate and the assets distributed to the Will's beneficiaries. Brad Cover recorded the standard Colorado form of Affidavit to formerly register the trust in the official public records in order to give the public at large constructive notice of the existence of the trust and firmly establish your rights as co -trustees to administer and represent the trust. As always, don't hesitate to call if you have any questions. Mark Attach. FOGNANI ! ? FAUGHT, PLLC Mark T. Nesbitt, Attorney at Law 1801 Broadway, Suite 800, Denver, Colorado 80202-3836 (t) 303.382.6200 (t) 303.382.6210 (cell) 720.937.6973 (e) mnesbitt@fognanilaw.com NOTICE: This e-mail, its contents and any attachments are confidential and may contain legally privileged and/or protected information or copyright material. You should not read, copy, use or disclose this e-mail, its contents and any attachments without prior authorization. If you are not an intended recipient and have received this e-mail in error, please contact the sender at the above address immediately and delete this e-mail, its contents and any attachments from any and all electronic or other storage media and destroy any hard copies thereof. Any dissemination, use, distribution and/or copying of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of the attorney -client privilege and/or protection under the attorney work product doctrine. Finally, we do not accept liability in connection with any computer virus, data corruption, delay, interruption, unauthorized access or unauthorized amendment. This notice must not be removed. Thank you. Tao OF ROBERT LEE SELTZER A/K/A ROBERT L. SELTZER I, Robert Lee Seltzer a/k/a Robert L. Seltzer, a resident of Adams County, Colorado, revoke any prior Wills and Codicils made by me and declare this to be my last Will. I. I direct that all estate, inheritance and other death taxes ' payable by reason of my death, other than any generation -skipping tax, on any property included in my estate for tax purposes shall be paid as an expense of administration without contribution from any person and without apportionment. No death' taxes shall be allocated to or paid from the Robert L. Seltzer Family Trust. II. My wife is Gladys Lois Seltzer. Any references in my Will to my wife are to her. My children now living are Jack Alden Seltzer, Terri Lee Bell and Timothy Robert Seltzer. Any references in my Will to my children are to such children. III. I give all my personal and household effects, together with claims under insurance policies on said personal property, in accordance with a writing which I intend to leave at my death. If for any reason no such memorandum is in existence at my death or if any such memorandum fails to dispose of all of such property effectively, I give such property not disposed of by such !memorandum to my wife, if she survives me by thirty days. IV. 4.01 If my wife shall survive me by thirty days, I give, devise and bequeath to my wife from my residuary estate an amount yv ich qualifies for the federal estate tax marital deduction educed by that amount which qualifies for a federal estate tax xemption at the time of my death. 4.02 If my wife does not survive me by thirty days, I give, devise and bequeath all of my estate to my children, Jack Alden Seltzer, Terri Lee Bell and Timothy Robert Seltzer per starpes. 4.03 If my wife does survive me by thirty days and clause IV, 4.01 takes effect as I intend, then the remainder of my siduary estate not going to my wife shall go in trust to be held by my trustees as provided herein. This trust shall be known as the Robert L. Seltzer Family Trust. 4.04 For purposes of this Will, if the order of our death cannot be established by proof, my wife shall be deemed to have survived me. V. 5.01 As to my family trust, my trustees may pay to, or apply for the benefit of, any one or more of the living members of the group consisting of my wife and my children such amounts of the net income of the Robert L. Seltzer Family Trust from the date of my death as my trustees may determine to be necessary or advisable for the support, maintenance, health, education, comfort or welfare of such beneficiaries, without the necessity of equalization among them at any time. 5.02 During the life of my spouse, the trustees or successor trustees shall pay to, or apply for the benefit of, any one or more of the living members of the group consisting of my spouse and my children, such amounts of the principal of this Trust as the trustees or successor trustees may determine, without the necessity f equalization among them at any time. Said distribution of principal shall only be for the health, education, support and maintenance of such beneficiaries and cannot exceed more than five percent (5%) of the principal of my trust in any one year. Page 2 of 7 Pages 5.03 At the death of the survivor of my wife and me, the Robert L. Seltzer Family Trust shall terminate. Upon termination, the principal and undistributed income shall be distributed to my children by representation, but if any share is distributable to a beneficiary who has not attained the age of twenty-one years, my trustees may in their discretion retain such share in trust until such beneficiary shall attain the age of twenty-one years, or until the prior expiration of twenty-one years after the death of the survivor of my children who were living at my death, when my trustees shall distribute such beneficiary's share to him or her. If such beneficiary dies before that time, my trustees shall upon his or her death distribute his or her share to his or her estate. My trustees may pay to, or apply for the benefit of, the beneficiary for whom the share is held in such amounts of the net income or principal, or both, as my trustees may determine to be essary or advisable for such beneficiary's support, maintenance, health, education, comfort and welfare, after taking into consideration all other resources known to my trustees to be available for such purposes. Any undistributed income may be added principal from time to time in the discretion of my trustees. 5.04 My trustees, in their sole and absolute discretion, may distribute the trust in full prior to the time a beneficiary attains the age which would otherwise have determined such distribution, if such trustees considers that the expenses of administration in continuing the trust are greater than the trust assets warrant. This only applies to those beneficiaries under the age of twenty-one years. 5.05 If, at any time, there is no person or entity qualified to receive final distribution of my trust estate or any part of it, then any such portion of my trust estate to which such failure of Page 3 of 7 Pages / qualified recipient has occurred, shall be distributed to those persons who would inherit it had I then died intestate owning such property, in the proportions provided by the laws of Colorado then in effect. VI. 6.01 I direct that my trusts be administered expeditiously onsistent with their terms, free of judicial intervention and without order, approval, or other action of any court. 6.02 No beneficiary shall have any right to anticipate, ll, assign, mortgage, pledge, or otherwise dispose of or encumber all or any part of my trust estate, nor shall any part of my trust state, including income, be liable for the debts or obligations, including alimony, of any beneficiary or be subject to attachment, garnishment, execution, creditor's bill, or other legal or jequitable:process. Il 6.03 Except as otherwise provided with respect to the Robert L. Seltzer Family Trust, upon the death of any beneficiary entitled to receive income, all accrued but undistributed income held for the account_of such beneficiary shall be treated as if it had accrued or been received immediately following the death of such beneficiary. 6.04 My trusts shall in any event terminate not later than twenty-one years after the death of the last survivor of the group composed of myself, my wife and those of my children living at my death. The principal and interest of said trust so terminated shall be paid in accordance with the provisions of said trust or if no such provision, to those beneficiaries of said trust so terminated. VII. 7.01 I appoint my sons, Jack Alden Seltzer and Timothy Robert Seltzer, as my personal representatives to serve without bond. Page 4 of 7 Pages toe 1t 7.02 I appoint Jack Alden Seltzer and Timothy Robert Seltzer as trustees of any trusts under my Will. In the event my trustees shall fail to qualify or cease to act, I appoint the Terri Lee Bell as successor trustee. 7.03 I direct that no persona? representative, trustee, guardian, or conservator, or any successor, shall be required to give any bond in any jurisdiction, and that if, notwithstanding this direction, any bond is required by law, statute, or rule of court, no sureties be required. 7.04 Any fiduciary under my Will shall be entitled to reasonable compensation commensurate with the services actually performed and to reimbursement for expenses properly incurred. 7.05 It is my intention that the probate of my estate be conducted as an administrative, not a judicial, proceeding under the Colorado Probate Code. I therefore direct informal probate of my Will, informal appointment of my personal representative, unsupervised administration of my estate, and informal closing of my estate by sworn closing statement of my personal representative, unless changed circumstances occur which I could not have anticipated and which would necessitate formal or supervised judicial proceedings for the protection of persons interested in my estate. VIII. 8.01 Any trustee may resign by giving thirty days written notice to each adult beneficiary, or if none, to the guardian, parent or other person having the right of custody of each minor beneficiary then eligible to receive current income, effective at the and of thirty days. 8.02 If all my named trustees shall fail to qualify or cease to act, a majority in number of the group composed of my wife and my living children shall appoint by a writing within thirty days a successor trustee. If no successor trustee is appointed within Page 5 of 7 Pages thirty days, any beneficiary may petition any court of competent jurisdiction without notice, to name a successor trustee. By making such appointment, such court shall not acquire jurisdiction over any trust under my Will. IX. 9.01 The validity of this Will shall be determined by the ws of Colorado. Questions of construction and administration of any trust shall be determined by the laws of the situs of administration of such trust. Except as otherwise provided in my Will, definitions of terms in my Will shall be as defined in the Colorado Probate Code as amended after the date of my Will and after my death. IN WITNESS WHEREOF I have hereunto sat my hand and seal this I> day of 0c J- , 1991, in the presence of the undersigned witnesses to whom I have declared this to be my Last Will and Testament and whom I have requested to become attesting witnesses hereto. . yf Robert Lee Seltzer a/k/a Robert L. Seltzer" The foregoing instrument, consisting of seven pages, including the following page, was signed and declared by Robert Lee Seltzer a/k/a Robert L. Seltzer to be his Last Will and Testament in the presence of us, who in his presence, at his request, and in the presence of each other, have signed our names as witnesses on the date of this instrument, and we declare that at the time of the execution of this instrument the testator, according to our best knowledge and belief, was eighteen years of age or older, of sound mind and under no constraint or undue influence. A S .o. • Page 6 of 7 Pages STATE OF COLORADO ss. COUNTY OF ADAMS Robert Lee Seltzer We, a/k/a Robert L. Seltzer and Bradley J. Coover Lysle R. Dirrim , the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he had signed willingly or directed another to sign for him, and that he executed it as his and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator signed the Will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Lee l 04/ -6...-"."1/ Robert Lee Seltzer !)L a/k/a bert L.. S tzer t •�ess ness Subscribed, sworn to and acknowledged before me by Robert Seltzer a/k/a Robert L. Seltzer, the testator, and subscribed (-) and sworn to before me by Bradley J. Coover and T,ys1 P R. Dirrirn 1991. My Commission Expires: Address of Notary: , witnesses, this 11th day of October Notary Public My Commission Expies May 31.1995 Cowie L. Strzsheim 25 S. 4th Ave.. Brighton. CO 80601 'lily ",1.44 DISTRICT COURT, COUNTY OF WELD STATE OF COLORADO Case No, 91 PR 252 . Division INFO TION OF APPOINTMENT IN THE MAI I ER OF THE ESTATE OF ROBERT LEE SELTZER a/k/a ROBERT L. SELTZER Deceased. k/a ROBERT SELTZER TO: the heirs and devisees of the above -named decedent.* YOU ARE HEREBY INFORMED THAT: 1. This Information is being sent to those persons who have or may have some interest in this estate; 2. The decedent died gR)testate on October 24, 1991 (, leaving a will dated October 11, 1991 , kx ,) which (was in (in)formal proceedings). 3. On Uctober 3 (date) , 1991 , the undersigned was appointed personal representative of this estate in (in) formal proceedings; 4. Bond has (not) been filed with this Court; 5. Administration of this estate is (un)supervised and, if unsupervised, the Court will consider ordering supervised administration if requested by any interested person; 6. Papers relating to this estate, including an inventory of estate assets, are on file with this Court or, if not, may be obtained from the personal representative; 7. Interested persons are entitled to receive an accounting; 8. Interested persons have the responsibility to protect their own rights and interests within the time and in the manner provided by the Colorado Probate Code, including the appropriateness of claimspaid, the compensation of personal representatives, attorneys and others, and t stribution of estate assets, sin Court will not review or adjudicate these or other matters urtl s : lx tr= to do so interested person. (date) Bradley J. Coover #3223 Gaunt, Dirrim and Coover, I.C. 25 South 4th Avenue Brighton, Colorado 80601 (303) 659-3171 Type orprini name. address. telephone number and registration number of Attorney for Personal Representative admitted to probate on October 31, 1991 Jack Alden Seltzer Box 360443 Monument Valley,,, UT 84536 801-727-3219 (date) en ''- zer Timothy Robert Seitz 9230 E. 168th Brighton, CO .80601 303-659-1062 Type or print name. address and telephone number of Personal Representative 'In the event a will exists but there has been no formal testacy proceeding and the personal representative was appointed on the assumption of intestacy, this Information must be given to the devisees named in the existing will. Strike parenthetical matter according to fact. NOTE: This Information must be given within 30 days of appointment of the personal representative. See section 15-12-7O5 of the Colorado Probate Code and Rule 8.4 of the Colorado Rules of Probate Procedure. zer 42. f .Y. :C. INFORMATION OF APPOINTMENT dCots4; l }�y,a 51.23 W. Ave._ lakewnad rfl Afri t:—ctnt, tsl_cWU\ 2.56 CERTIFICATE OF (DELIVERY) (MAILING)' The undersigned certifies that he (delivered) (mailed) a true copy of the above Information of Appoint- ment to the following persons at the addresses indicated on � .c_P�f �.c hr ,'//� /99 (by depositing it in the United States mail, postage prepaid.) Name Gladys Lois Seltzer Address 442 WCR 19 Brighton, CO 80601 Jack Alden Seltzer ,Box 360443 Monument Valley, Utah 84536 Terri Lee Bell 240 South 15th Avenue Drive Brighton, CO 80601 Timothy Robert Seltzer 9230 E. 168th Brighton, CO 80601 *A copy of the Information provided and a Certificate of Delivery or Mailing must be promptly filed with the Court. See Rule 8.4 of the Colorado Rules of Probate Procedure. DISTRICT COURT, COUNTY OF WELD STATE OF COLORADO Case No. ? 1 t i- ;-�� Division / , , LETTERS IN THE CLATTER OF (THE ESTAt't~, OF) ROBERT LEE SELTZER a/k/a ROBERT L. SELTZER a/k/a ROBERT SELTZER (Deceased.) (Rr-otested-I:?er na_(Minor--Ineapaeikated-I?er-son:) WHEREAS, YEAS, on (date) Jack Alden Seltzer and Timothy Robert Seltzer was appointed or qualified as* Co -Personal Representatives Uof the estate of the above named (decedent zoirQ'im2i2(p##ttx4►*► itAl M, IPM.twY,x1-..4•••••4 • .... •F-• nit• by this Court or its Registrar, with all authority pertaining thereto; NOW, THEREFORE, these Letters** Testamentary are issued as evidence of such appointment or qualification WITNESS. my signature,and,tl a seal of this Court on ea (Seal of Court) �. `For decedents estates; tnser(P,ersonal'l epresentative For property m'anageinerd nsertConservator For personal guardianlhip''insert Guardian and whether by will, written instrument or court order For Special Administrator, insert Special Administrator and whether in formal or informal proceedings and authority. 1x91 (date) l Ai C� ..r 1 �.,�i �i ,,t (Ihpuap) Cleslcoa Regi of Coun `®Insert one of the following: a) Testamentary b) Of Administration c) Of Guardianship d) Of Conservatorship e) Of Spec tal Administration C:P;lF1CAT1CN STAMP [or] CERTIFICATION STATEMENT Certified to be a full, true and correct copy of the original in my custody an to be ith force and effect as of 0 v iu . (date) eputy) Clerk of Court CPC Form 17. Rev. '81. LETTERS RECEPTTO14 MO. CO0v497y 5.00 r?1i: 4336 PG: 0710-0710 2LLl F:CJ1tERT SACK, ADAM. COUNTY. COLORADO 2/03/9•t 2:00 AR2Ybf r35' AFFIDAVIT FOR PROPERTY HELD IN TRUST OR JOINT VENTURE STATE OF COLORADO COUNTY OF ADAMS The undersigned being of lawful age, being first duly sworn, upon oath deposes and says: 1. This Affidavit relates to a El trust 3 joint venture. 2. Affiant(s) is a CD trustee of the taut O member of the joint venture named below, and has the authority to acute and record this Affidavit. 3. The name of the trust ❑ joint venture which may acquire. convey, encumber, lease, or otherwise deal 'ft any interest in real property is pnhnr r r. Sr.] -vor 7z.,ni r y Tr,r�f 4. The uutns and addresses of all the trustees of the trust or all of the joint venturers of the joint venture are: Name Address Jack Alden Seltzer Box 360443, Monument Valley. Utah 84536 Timothy Robert Seltzer 301 North 49th Avenue, Greeley, Colorado 80634 5. E ALL of the trustees or joint venturers are required to act on behalf of the treat or joint venture in any acquisition, conveyance, encumbrance, lease, or other 'tt-ling wills an interest in property in the name of the trust or joint venture or O FEWER THAN ALL of the trustees or joint venturers arc authorized to act on behalf of the trust or joint venture in any acquisition, conveyance, encumbrance, lease, or other dealing with an interest in property in the name of the trust or joint venture. The trustees) or joint venturer(s) so authorized (or the manner of designating said trustee(s) orjoint venturers) and any limitations upon their authority are as follows: 2410854 B-1463 P-157 10/13/94 05:01? PG 1 OF 1 EEC DOC Mary Ann Feuerstein Weld Co.. Clerk & Recorder 5.00 F ( 6. This affidavit is executed and recorded pursuant to the provisions of -Section 33-30-166, C.R.S. Subscribed and sworn to before me this I e t day of Wit My to r_•y� wnc rsFtrtSAUgt - J E3 `"-,,Bradley j, Comer 1,25 S. Ave. Brighton, CO acloadt vearulc s are required to act as in paragraph 5, thisAlfidzr idavit. MP -EWER THAN ALL of ttte trait= orleire .can resrli nl try ail old= trustees or all of the j&at vent users named in s 4 ti-wlrvd N,EtisSin6 1743 W... St_ ars.a Co roust —(3031 :".924500 —x94 9 ty1' OR JOINTYENIUAE 0 433 Kt rw�;'"�aicF Ms 1 3 EG 023321 99 ,04/06/94 15: 04 S5, 00 ... FEUERS CLERK{ &µRR DEED RECORDER WELD .. .. WARRANTY L'l�3s' ., C1C L�, �j �.G CO 11 Made this 5ti, day of February , 1994 Seltzer Farms, Inc., sralien duly organized and �e,istir-=, under and by virtue of the awe of the ;date Colorado grantor, and the Es o_ pert Seltzer, ,sari Seltzer and Timothy R. tzar, Co —Personal Representatives, ose legal address is 9230 Ease 1_53"_h Avenue, Brighton of the Date —1/511,` 'Count:' of Adams , State cf Colorado. granter: 1TNESSE 15, That the grantor. for and it acinsidemtina of the'si r of Four ituw.dred and 00/100 ($185,400.00) * * * One Hundred Eighty —Five Thousand r, * * * * COLLARS, 1lte receipt and sufficiency of which is hereby xknowledged, has granted. bargained, sold and conveyed, and by these presents dues grant, bargain, sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate. lying and bring in the County of Weld Stole of Colorado, described as follows: Ail of the Southwest Quarter (SW1/4) EXCEPT Lot A of Recorded Exemption i$a. 1267-34-3-RE1370 and the West half the Southeast Quarter (W1/2517:114) Section 34, Township I North, Range 67 West of the 6th P.M., reserving unto Grantor, however, 1/2 ;,f all of the minerals lying thereunder and appurtenant thereto including all oil, 3as and other hydrocarbons, and further reserving to Grantor an undivided 12 interest in and to all water rights thereunder and/or appurtenant to said property, r including those rights as adjudicated in Case No. 86CW31. i before the District Court, Plater Division No, 1, State of Colorado, I and reserving unto Grantor a right of way across said property of sufficient size and width to enable Grantor to transport Grantor's retained share of water rights across said property, and specifically reserving unto Grantor a right of Out refusal of iG-year duration in Grantor of any offer to sell the herein described property as set forth in the Stock Purchase Agreement dated I February 15, 1994, by both Grantor and Grantee. I I I o knrrxn by street and number as: N/A T€3GETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the `I reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and lemand whatsoever of the grantor, either in taw or equity, or, in and to the above bargained nrernises, with the herediterrents and ppurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, and its successor-., doers covenant, grant, bargain and agree to and with the grantee, his heirs signs. that at the time of the e:neating and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in f e simple, and has good right, full power and authority to'grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable ion of the grantee, his heirs and assigns. against all and every person on persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, tie plural the singular, and the use of any gender shall be applicable to all genders. ihd WITNESS WHEREOF, The grantor has caused itt corporate name to be hereunto subscribed by its corporate_ President, and its corporate seal to be hereunto affsaed, attested by its corporate Secretary, the day and year first above written. Attest: Wilma Seltzer G STATE OF COLORADO 1;.C j s County of Adams .g irislttrylent was acknowledged before me in the orar o'-' a Seltzet r Farnis, Inc., t 'February 20, 1995 bffidal seal. 1 , this Os - County of Adams 15th day of February 19 94 as corporate President as corporate Secretary a corporation. tvir am.,) r Nit l.V r 1 4z'J853 53-1463 P -i56 10/13/94 05:01P PG 1 OF n REC SOC — Mary Ann Feuer.stein Weld k .. Recorder PERSONAL REPRESENTATIVE'S (Testate Estate) 5.05 THIS DEED is made by Jack Alden Seltzer a/k/a Jack Seltzer and Timothy Robert Seltzer a/k/a Timothy R. Seltzer as Co -Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer __/s/a Robert Seltzer, deceased, Grantor, to the Robert L. Seltzer Family Trust, Grantee, whose legal address is 301 North 49th Avenue, Greeley, of the County of held, State of Colorado. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and. is dated October 11, 1991, which Will was duly admitted to informal probate on October 31, 1991, by the of - "ours i and for the County of Weld, State of Colorado, Probate No. 91 PR 252; WHEREAS, Grantor_ were duly appointed Co -Personal Representatives of said Estate on October 31, 1991, and are now qualified ed and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell, convey, assign, transfer and set over unto said Grantee for and in consideration off* ten dollars the following wing described real property situate iii. the County of Weld, State of Colorado: All cf the Southwest_ Quarter (5W'_/-4) EXCEPT Lot A of Recorded Exemption No. 5'7-34-3-851370 and the West halfthe Southeast Quarter (W /25E:, i) Sect -..-on 34, Township 1 North, Range a. West of the 5th P.M. No doc fee - for Estate purposes With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for reservations year 1994, and subject to easements and res_vations of record or in use. As used herein, the singular includes the plural and the plural the singular. Executed �.. 7 Ja( Alden Seltzer Co-Pers&rnal Representative Timothy •,.bet felt _ or Go -Personal Representative STATE OF COLORADO ) Jss. COUNTY OF ADAMS The foregoing instrument was acknowledged before me this 3rd day of June , 1994, by Jack Alden Seltzer a/k/a Jack Seltzer and Timothy Robert Seltzer a/k/a Timothy R. Seltzer, as Co - Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, Deceased. r,� • Notary Public Witness my.hand and official seal. n5<1 f-Ccinmission expires: NlyCminissien Enits3May 3%,1995 rnma©t .fractuc, r/7' 1i/�'.� y C�Y•'t�' 02103/2015 17:11 FMS BANK P,0021004 7.ecactsd at Recapcion wo. PERSONAL REPRESF;NTA.TIVE ` 9 MIN (Testate Estate) TYiS DEED is made by Jack Aldan Seltzer a/k/a jack Seltzer an d Timothy Robert Seltzer a/k/ a Timothy R. Seltzer as Co -Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, deceased, Grantors, to the Robert 1, Seltzer Family Trust, Grantee, Whose legal address is 301 North 49th Avenue, Greeley, of the County of Weld, State of olorado, WHER AS, the Last. Will and Testament of the above -named decedent was made and executed in the lifetime of the decadent, and is dated October 11, 1991, which Will was duly admitted to informal probate on October 31, 1991, by the District Court in and the for C a County � of Weld, State of Colorado, Probate No. 51. PR 252; �lr REAS, Grantors were duly appointed Co -Personal Representatives of said Estate on October 31, 1991, and are now qualified and acting in said capacity. dT©Y1 THEREFORE, pursuant to the powers conferred upon Gra.tors by the Colorado Probate Code, Grantors do hereby sell, convey, assign, transfer and set over unto said Grantee all right title and interest in and to all oil, gas, and other minerals in and under and that may be produced from the following described property in the County of Adams, State of Colorado to wit; NWI/4 and N'd'1/42'81/4 and W1/2W1/2Nz1/4 Section 3, Townahip 1 South, range 67 West of the 6th ?.K, Grantors agree to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantors by payment, any mortgage, taxes, or other liens on the above described land, upon default in payment by Grantors, and be eubrogated to the rights of the holder thereof. TO HAVE AND TO HOLD the above described property and easement with all and singular the rights, privileges, and appurtenances thereunto or in anywise belonging to the said Grantee herein, its successors, and assigns forever. Executed r Jac Alden Seltzer Co- erlal Representative T mothy brt Co -Per al Representative , 199y -7/7-7-‹ thy STATE OF COLORADO ) )58. COUNTY OF ADAMS The foregoing instrument was acknowledged before me this 3rd day of Jrne , 1994, by Jack Alden Seltzer a/k/a Jack Seltzer and Timothy Robert Seltzer a/k/a Timothy R. Seltzer as Co - Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, Deceased. y Public STATE o COLORIAco CERTIFICATE CF DEATH I hereby certify this ay custody. Issued in a true and correct his 280: day of This y is not valid unless prepared on blue basieetweave paper and i ressed'rith the raised seal of Tri-County Health 4t. f the record in r A.D. 1991 ', Registrar glas Counties PENALTY BY LAW if any Person alters, uses, a.: t is to use or furnishes to another for tine use any vita) statistics ce IAltOF-CO1,ORADO CERTIFICATE. OF DEATH date E ad - I Cal iteiS To OF elV ataigetitADOILGLOAT MCI DUE XI TICE MUMS! STATED DATE =RED Dm Tsai STATE OF C United States ed -ca i Cen' er qe c$ 2 - Education E. 168th Av F? het8 E. 168th Ave Sri hthc ADCO Coroner 314EAO sV Ow. r..w�i 3 1988 Ar€hurs 1.00 S. -3rd Ave. CQ 01 I hereby certify this d my custody. IstOdd in En This copy is not:Valid unless #repo on blue basketweare-jJaper ,ate i ressed with tile' =a to .seal - of Tri -County Health Department PATE e and correct copy of the record in .th' day of April A.Q. 1988 . H.H. Rohrer, .0., Registrar Adams, Arapahoe and Douglas Counties PENALTY BY LAW if any Person alters, uses, att another for deceptive use any vital statistics to use or furnishes to ficate. AuerHon NUT Itewn'To: Jin5ltmnaa S1[ee J'o4Mwaan, CO 50101 STAT1I,M'f'OF 4U'aris I. This Statement of Authority relates to en entity named: Robert L. Seltzer Flintily Trust 2, 'the Entity is a: Trust 3. The Entity is formed under the laws of; Colorado 1, The molling address for the entity Is: ,i364I Weld Courtly Road 83 Dilaysdnle. C9 866 II 5. The name and position of each parson authorized to execute Instruments conveying, encumbering, or otherwise affecting title to real properly en behalf ante entity is: Jack Alden Seltzer and Timothy Robert Seltzer, Truoroas, 6. The authority of the foregoing parson(s) to bind the entity U not limited. 7. Other ntettere coneaming the manner in which the entity defile with (mimesis in real property; NONE tl, Thle Sintumcnt of Authority Is exeeuted on behalf of the Entity purseuni to the provisions of C.R.S. Seetion 638-30.173, Executed this; Robert L, Seltzer Family Trust 13y Jack Aldan Seltzer, Triistea °illy Rdbeit Spitxcr, Tt STATE OF:: COUNTY OF; The foregoing imtrumeni was ucknowlodged balbtc me this day of 20__: by Jack Aldan Seltzer, 'remitter) of the Siebert L. Seltzer Fondly Trust, Witness my hand and seal. My commission expires: STATE OF: COUNTY OF: • Notary Public 0✓:E lliI:NCRIJCyI Y riis.4 Iwni dun I TANJY� ,•.1:111' 1 nl (S3ioc.�1 �'yy � .fh1lKt IY, t�dj j llte_f4togaing instrument was acknowledged bcfote Inc this /3 30 , by Timothy Robert Seltzer, Troika) of the Rabcrt L Suitzur Fond DAVID THOMPSON NOTARY PUBLIC %TATO OF COLORADO NOTARY ID 200%4034403 MY COMMISSIOrt !MIRES SEFr, t0, solo Witness my bond and soul. My comndouion expirm; DAVID THOMPSON NOTARY PUBLIC STAY; OF COLORADO NOTARY ID 2007409 OS MY COMMISSION EXPIRES stn. 1D, 20I0 Nutury Public TRUST CERTIFICATE Loon 7.18.2 0 Conan above are for Any Ilan1 p Tutaft floborl 1. darner Randly That 39001 Wald County Road 03 Enlyg111014, CO 00011 Loon No 001081 Aeauui Iltodtltd a lcoblaly of 1 e 1140 ra 1,11 R mgt, lknga London oats BANK 01101111? MnANCN 942038711 0001106 * 00LEY, CO 00070 M101 071 -1a01 ny 0011 WO, T110 UND6ROICNEO, 0011011 C? CERTIFY AND (RA19011000 P1IALTY OP PBRItIBY THAT; THE TRDET. 11abort L, 6ohtu Rattly Trait I'Trm'f nag maid puradam e a eat %ligament. TTtUOT0*O, TM lalowlny nundd pavane have boon duty Ipyw11ud 411'41110D at Ruben 1, Banta Fondly Two: N1IMP6 Mtn ealtroAlr;0Q pOtttAl.BIVNnT i1T1d Jolt NOM Nilson Ttwlao al Robots L Y dahlia Family Tail TbnaKty 1100wI O.11tas Tonto" el Robot L, V Ooluor Fondly Trail ( ACCEPTANO0 AI T11OOTE60. iha Damn. nomad atom 110,9 anal''* their 00p04nmanl as Trunoao and eta duty wino ea Tfuolnoa ul Twat. ACTIONS AUTNOR1000. Any two 191 of IM outhwltod manna Baud above may moat Into any .Cloornama of any 1,11010 wild Le,Wa1 and thetas proamanta will Ideal Trust, 004ailWally, bat without IYnIIUHn, any two Ill of such 0Whal1ad personaau sutionlrod, ampay.0red, and dlrealed to do du fn0oyiln0 for and on I nhell al Trust; Vmttw Manly, To benow, as a 00110000 or o1Mlw¢aa, hot 1401 to hive prom l„W1r, an roan tonne on may ha 0y,aed noon batmen Twat and 10ndtr, ouch lan, or Nutt 0(nwn,0 01 M limb ludynwnt ahead On banowdd, wllhaul fimllbtlon, lulu,. Nolo,. To motto and dahval to IAMtr the porNaaary rwlm or not,,, w. ,1M' 011110'00 at Toni'. 0101111. aocomma0ldons, an Loodob, laamo, 00 Nth Into, of Miami and on &ugh arms ea mw be spread hymn, ouldoncInp II'. loots at moray on tnvrowad or any of T1wt's Indabladnow to Lander. and ,also to e0t0a00 and "tam in Lander an, Or ruwta taneweta, oatersdaml, modIkatlana, rolhanolpo, owuosdadons, or aubathubHns for one or mu of Iha nadir, any Odom at dia 041*1, 01 any nth', ovdu,so al Wont ettontniot1,1'a,d, Orem Onowly. To matlyato. pings, 000,100, andarao, hypolhauro, 00 alhatwlae ennumbor and dohvar t, Larder any ;moony now ur hwallml ludoninno la Twit or In wWohTrot new or anslur map have) On Lllusm,.M;htdhrp MINKS IOMlalIon dl al "Own' awl prop lly and ap of 11011 o Pommel foaMIty 110110101, or Insryy,Alal, ;s aaoorlry roe IN auymam el any loons do orad,l aacommndapana Oil ob10410*, alp' Prahistoty 00101 au amanita lmdwlt10 any ama,vkownu to or IrraLdlkmWM, urnwsla, amt aarmabru of such ptamlatury nulsll, or ono MM. Or haulm In,Hbhodnato al Twat to Lander at 00* Lana uwlny, howouar IM mama may bo aoldoncad, Ouch "moony may 00 mwtpaotd, plsdlld, aonafarrad, endorsed, hypolraeelt% 0r eoaurnbomp at Ilia limo %veh bans off obi*Ina% or 10111 Indan du0ly la kuwad, m at ant %1101 Wm Of 11001.. tnd may bo alnwr In addition to or kr Mau of am plopany IMraalm. mu,lgagad, ;flatfoot!, nanoluwd, urdao.d, hypothecated or annrmbnad, maws Aaawlty Cann»nu, To oauaula and 1108,0 In Lando the forma of manumits, dead al nul, 0kdde optimum, hyputhasat( n 10ranw01, mod) odor r%cwffy lya0nwnu and Itnootkg 1enM0nl wish Larder may 'equip) and which 'rind twdoncn Iha tolmt inn oandllbAw %W44 arts puma o to which su010 km and llaumbtrwa, or oily 01 Own, era given and alto to arvouw ud dolour 10 Lwndor orp' 041410411,0 ifillhonsmt, any 446,10 ARPRr, 04 any other cola: alt al m, y Lind or name, which Londtt may doom not 0u0ry or proper In co„aodon whh w ponolMnp IC oho pwIa 01 Urn amt tea 0wlndtmm. Nolwlputonl4tg Rho farmland, any ono al tilt 0b0vn ovtelhod tartons may 0100110, dtivar, or Hard (Ewwlnp ataundmt, N0yodats 11n+u. To draw. endorse, end Moutons wllh LaMar o0 wuJt,, hods ec0101eno,., a0ondmaoly 00,00, or all,, ovllar,aut al Indvbudntas 11►ya1bal to or bilonyty a Trot ar In wrdU, 11001 nu? Mgt an Inlwtu, tad altiar in modlva oath Its Oa 000(0 EH 10 clung ooh (rtoawdt Lit b, cradled l0 Trutl'a ataount veldt Loido', or to %u00 such other *1111 11UOn al rho maseuda d0llvad lho,otam as they may deem adoluldo, %mho Arta. In the 0440 al Ma al arann, to Wllpnae td*illHnal or "bunco Inawldueu o0 aleg 'tantalised to 1loueat 00001,000 wain, blob, lows, and In all octal, to do and p001o1m 0,400 o11ar 1100 0.1,11 tldngs, wow any and III Ham sod will, nod to %%soul; en4 'AGe;r owl, mho, d000nwnta and optalmonu, IMHdn0 ay,ufuunlm vatting the dont to a Mal by Rory, as IN Towns may 4, Melt 11,01,0400 doom iguana:iv nobaonuy or meow In aide, to awry Ins ellal du, w0ohlona al IN, Celan:eta. N0TI003 TO Li1f0E11, Tho T,wtoo, wlO pndnpty Wiry Ltndor h mnitnoll al landu'smddrolt mown Mayo oar ouch oast Waitangi an 14414,1, may 001104110 from then to dam! Oar to imp IA) shurpa N 11unI', name. IW Wanda In Twat', assumed Malteds nlm0leh 101 chdng, In 0M Tomos. of tlu Trw1 101 ohrnpo d the malwrlud 0111,0,101; 1,7 ilumo 4a Tnrn'a tala ul 0Ip1nl00tlera (01 atwww ion al Tan Ia a now or dllhdam typo al bwbwa omhfl or 101 amino In any ethos atonal ar Trait thin '&oody at Inl%rca0y ntat a any all 404110414 b0hvuun Trail and Londe , No clung' M TNrt'a none or alms of argogeoiL a 1wA rata oiled anti idle Lando has ayairtd nails". on aatlll TRLIOT M0hn,FICA w �� Tho omens therm nomad r,qw siin doff olntad anal mono Imams o1 Trot end 010 dory oulhwhad 10 act to b pwpvta a1 for Ile Indablodne tot lion IrWabtednato pica0adt lira to In Wybine1011501 lawpoaa 00W for the btnollt 01 the Trot tail's Comllla,vos. CONTIPNRM VA00IOlY. T1*, Cranniealo .1011 be eaminany, shall lonrart In MS Rona sod ollool loll Under mop lily 46 It neat mitten 11001 al As anaillan than nova Oman dolhalad in and ttaalerd by Lander 01 Lundar'o Wares' ohown nlwye la toll addlmoa 011010W may daelp,oe bolo Itnr to Rams, dry lath maim tad na1 allot any 'l Trait's ogo,om,nIa or tommlttrdnia In n0401011110 Ian% 'odor It Phan, IN TUOTIMOHY WHEIII0f. 100 halo Mount" amt ow hand snd "neat Mat dim alpnpba0, got appall10 the ammo Mud ;hove ore that grubs mlpnnwmt. RR++ topoateelol000 mmit this Cori(leaate 010 0,40 and 00t INA 00 001. Me Twtto, 114 WO CaC0'Wha m h detatad d on a 10,3 0 Tlutl wet -illy Mat MI antanwnu and July 18, 7816, CORDED TO AND ATTESTED Oh riC'\ •r,5 r f atSE' At Rowe L. Ethos.— o PamN yowl Loon Na: 400010912 TRUST CERTIFICATE IContinuod! Pup 2 I 1 . ,: a $TMh of enwnabo 1. COUNTY OF Sul:cabad rand mom to loluru- mu on this Whnaaa my hand and official coal. My commiselan oayhaf: •.'1,111.1 Laura No: 400010912 STATE OF GOLOIIA00 COUNTY OF I SO day of Notary Public DEBORAH L. LIICRISON 0ni4'antaaC:cfnLe, ii&pa s l 17, 0017 , .9" a» e,..x..7:=11ti a""n"...,,,.,»..m r.nn .nanr, nw ,n Suhscriuotl and swain in holoro m /N✓5iia na. olC Witness my hand and olficlal seal. TRUST CERTIFICATE IContinuodl I SO un Ihls /3 My commisaion (whoa: 9--7-°1--.29 9 _,_ `.29 Pogo 2 DAVID THOMPSON NOTARY PURLIC STATE OF COLORADO NOTARY IL) 20074034403 Y COI,041551ON EXPIRES SEPT, 10, 2019 i Notary Public NESBITT & ASSOCIATES LLC ATTORNEYS S COUNSELORS AT LAW 24 BUCKTHORN DRIVE LITTLETON, COLORADO 50!27-4309 (720) 937-6973 v!ark T. Nesbitt Timothy R. Seltzer, Trustee Robert L. Seltzer Family Trust 33641 NCR 83 Briggsdale, CO 80611 Subject: Seltzer Family Trust's ability to encumber trust assets & obtain loans Dear Tim: You asked if the trustees of the Robert L. Seltzer Family Trust have the right to obtain loans on behalf of the Trust_ First, the Trust is a testamentary trust, i.e., one created in the last will and testament of your father, and the Trust described in your father's will is silent with regard to whether or not its trustees are authorized to take out loans, but the silence may be construed as an indication that loans are within the authority granted its trustees. This conclusion is supported by the fact that in both Section 7.01 & 7.03 your dad specifically states that Jack & you as trustees are not required to post a bond, which is an indication of your father's complete trust in Jack & you as the trustees of his Trust. Another, even stinger, indication of the strength of the trustees' authority is evidenced in Sections 6.01 & 6.02. Ln Section 6.01 trustees are to administer the trust "free of judicial intervention and without order, approval, or other action of any court." Section 6.02 is more convincing of the intent of your father when he specifically prohibits beneficiaries from selling, assigning, mortgaging, pledging or otherwise encumbering all or any part of the trust estate. It is my opinion that in light of such explicit restrictions on the rights of beneficiaries with respect to trust assets and the omission of any limitation regarding the authority of the trustees that your father's intent was to grant his trustees, his sons, unrestrained authority to administer the family trust. Further, given the fact of Jack's & your young age at the time your dad executed the will it is reasonable to assume that he understood you two would be administering the Trust for a number of years, that many unforeseen decisions would have to be made over those years to effectively and expeditiously administer the Trust, and that such administration would include the right of trustees to encumber Trust assets if such encumbrance was consistent with the duty of trustees to act in accordance with their fiduciary capacity to manage trust assets in a conservative manner. Yours truly, Mark T. Nesbitt BURDEN CLAIBORNE W. Cotton Burden Anthony B. Claiborne Thomas I. Moore Febru 22, 1995 Jack Seltzer P.O. Box 360443 Monument Valley, UT 84536 Dear Mr. Sel er: at n b Revenue Service Fo -9. arts. our office obtained a Federal Employer the Robert Seltzer Fsmily , of which 2 Please refer any p having qu you. evidenced by the attached Internal ding this a e av Ve y yours, B N & 6676 Gunpark Drive East, Suite B a P.O. Box 11080 Boulder, CO 80301 Telephone (303) 530-2737 • Facsimile (303) 530-7760 Internet: boulderlaw.com P.C. (Rev. January 14S^3) Ge„a+u,rw2 of rte T-easury :^talo-rax� Part Request for Taxpayer identification Number and Certification ha sans of FAMILY TRUST IGive this form to the requester. Do NOT send to IRS. bre dealted4 see ;hstuc e: s an page 24 (If you are exempt from kacle. s ide Esrey _ :.a a this form a7g; enter ''SLEMPT" Ian bum N Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). For sole proprietors, see the instructions On page 2 For other enc.'s, it is your employer identification number EiN). If you do not have a number, see How To Obtain a TIN below. Note: if the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. OR meters Mail 4- b Ce tilcatlon.--Under penalties of per ury. 1 certify th t 1. The number shown on this form is my correct taxpayer identification^, number (or I am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a) I am exempt from Revenue Service that t am subject to backup withholding as a result of a failure withholding, al or er[la€ have not beenor() notified by the Internal notified me that I am no longer subject to backup withholding.all ' dividends, (c) the IRS has notified Certificabon Iristruciions.—You must moss out item 2 above if you have been notified by the IRS that you are € urrently subject to backup withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, the acquisition or abandonment of secured property, contributions to an individual retirement arrangement (IRA), and generally payments so her�e oerect and dividends, you are not required to sign the Certification, but you mum provide yew correct TIN. (Also see Signing page 2.) Sign Here ignature Date t► Section references are to the internal Revenue Code. Purpose of Form. —A person who is required to free an information return with the IRS must obtain your correct TIN to report income paid to you, real ate transactions, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. Use Form W-9 to furnish your correct TIN to the requester (the person asking you to furnish your TIN) and, when applicable, (1) to certify that the TIN you are furnishing is erect (or that you are waiting for a number to be issued). (2) to certify that you are not subject to backup withholding, and (3) to claim exemption from backup wahhokimg if you are an exempt payee. Furnishing your correct TIN and making the appropriate certifications will prevent certain payments from being subject to backup withholding. Note: if a requester gives you a form other than a W-9 to request your TIN, you must use the requester's form How To Obtain a TIN. —If you do not have a TIN. apply for one immediately. To apply, get . . Form SS -5, Application for a Social Security Card (for indiividrals), from your local office of the Social Security Administration, or Form SS -4, Application for Employer identification Number (for businesses and all other entities), from your local IRS office. To complete Form W-9 if you do not have a T1N, write "Applied for' in the space for the TIN in Part I, sign and date the form, and give it to the requester. Generally, you will then have 60 days to obtain a TIN and furnish it to tiV requester. If the requester does not receive your TIN within 60 days. backup withholding, if applicable, will begin and continue until you furnish your TIN to tine requester. For reportable interest or dividend payments, the payer must exercise one of the following options concerning backup withholding during this 60 -day period. Under option (1), a payer must backup withhold on any withdrawals you make from your account after 7 business days after the requester receives this form back from you. Under ()peon (2), the payer must backup withhold on any reportable interest or dividend payments made to your account, regardless of whether you make any withdrawals. The backup withholding under option (2) must begin no later than 7 business days after the requester receives this form back. Under option (2), the payer is required to refund the amounts withheld if your certified TIN is received within the 60 -day period and you were not subject to backup withholding drying that period Noire Writing "Appfed for" on the form means that you have already applied for a TIN OR that you intend to apply for one in the near future. As soon as you receive your TIN, complete another Form W-9, include your TIN, sign and date the form, and give it to the requester. What is Backup Withtxalting?---Personts making certain payments to you after 1992 are required to withhold and pay to the IRS 31% of such payments under certain conditions. This is called "iiaadcup withholding." Payments that could be subject to backup withholding include intrxt, dividends, broker and barter exchange transactions, rents, royalties, nonemployee compensation, and certain payment; from fishing boat operettas, but do not include real estate transactions. If you give the requester your correct TIN, make the appropriate certifications, and report ail your taxable interest and dividends on your tax return, your payments will riot be subject to backup withholding. Payments you receive will be subject to backup Withholding if: • 1. You do not furnish your 'RN to the requester, or 2. The IRS notifies the requester that you furnished an incorrect TIN, or 3. You are notified by the IRS that you are subject to backup withholding because you failed to report all your interest and dividends on your tax return (for reportable interest and dividends only), or 4. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reportable interest and dividend act opened after 1983 only), or 5. You do not certify your TIN. This applies only to reportable interest, dividend, broker, or barter eimhange accounts opened after 1983, or broker accounts considered inactive in 1983. Except as explained in 5 above, other reportable payments are subject to backup withholding only ill or 2 above applies. Certain payees and payments are exempt from backup withholding and information reporting. See Payees and Payments Exempt writ Cat. No. 10231X Form W-9 (Rev. 1-93) ROBERT SELTZER FAMILY TRUST Jack Alden Seltzer, Co -trustee Timothy Robert Seltzer, Co -trustee "DI (Tax D3 Nom) n4 --628O913 TRUST EST LIS : 10/224/1391 ce s death) CHANGE OF ZONE (COZ) PLANNING QUESTIONNAIRE Answer the following questions per Section 23-2-50 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Describe the purpose of the proposed Change of Zone. Response: The owner is proposing a change of zone from Ag to O-3 as this zoning complies with the intent of the 2020 Weld County comprehensive plan and the most appropriate zoning for this existing use (recreational vehicle storage). 2. Describe the current and previous use of the land. Response: The land is currently used for recreational vehicle storage under USR12-0022 and was previously agricultural. 3. Describe the proximity of the proposed use to residences. Response: City of Brighton residential area is approximately 3 miles to the East and Todd Creek Metropolitan District is south of the site with the edge of the existing residential area about 4000 ft away 4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. Response: The proposed rezone (from AG to O-3) matches the existing land uses surrounding the property and the existing land use of the site in question. 20 acres west of this site on the northwest corner of CR 2 and CR 19 was recently rezoned to C-3 October 26th, 2022. The site is also within the Weld County Opportunity zone 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. Response: Parcel: 146933400039 across County Road 19 to the West was recently rezoned to C-3 Parcel: 146934300009 to the Southeast is a self storage facility (Fortress Self Storage) The Parcel Southwest in Adams County has a large oil and gas operation Parcel: 146933400033 is adjacent to the North -Northeast portion of the property. It appears to be currently used as a personal storage yard and building Parcel: 146933400044 is west of the site and is currently a residence with a large commercial horse boarding and training facility. Parcel :146934000014 is north of the site and is currently a residence that appears to be using the northern portion of their site for vehicle and equipment storage Current and proposed use of the property is consistent with the surrounding area and the Weld County Comprehensive Plan. 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. Response: According to the USDA- NRCS Soils Report there are no soil conditions that limit the proposed use (attached Soils Report). A Subsurface Investigation is encloscu. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. Response: The property is located within the Weld County Opportunity zone and the existing use is compatible with the C-3 zoning Code. See figure 1 below Fig 1. Weld County Comprehensive Plan 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. Response: Surrounding properties: Parcel: 146934300009 south of this property is an existing self storage facility. Parcel: 146933400039 northwest corner of CR 19 and CR 2 was recently rezoned to C-3 Parcel: 146933400033 is being used for outdoor and indoor storage. Parcel: 146933400044 directly west is a commercial horse boarding and training facility. Less than .2 miles away, on the south side or CR 2 there is a large oil and gas operation. This property does not fall into any coordinated planning agreements. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Response: Minimal dust is produced by trucks entering/leaving the property, when necessary, the owner will water the access road. Regular noise produced by trucks and cars entering and leaving the property 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. Response: The property is not located within any existing CPAs and is within the Weld County Opportunity zone. It is not located in the FEMA Flood Hazard Area. CHANGE OF ZONE (COZ) DEVELOPMENT REVIEW QUESTIONNAIRE Answer the following questions per Section 8-11-40, Appendix 8-Q, and Section 8-14-10 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. Response: Property currently has an existing commercial access off of CR 19. The access is approximately 1300 ft to CR 2 and CR 19 intersection. 2. Describe any anticipated change(s) to an existing access, if applicable. Response: No changes to existing access at this time. 3. Describe in detail any existing or proposed access gate including its location. Response: There is an access gate to get into the property approximately 190 ft from CR 19. The gate is electronic and is approximately 40 feet wide. No proposed modifications to the existing access gate at this time 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. Response: Below is a map showing existing accesses for adjacent parcels. Brighton. Obt door ° Storage at -add dd Care≥k' %\ s1/4'4s i1�.. a1'11►� ♦ ti `,A •,` , V 0, \'.)0064! 401040 ''*s.%1S1 ♦S`q;•%%1\$ Oi++Z f:smii"kiet444,:st ttAszti"440 sffi .%*v.ts stiv • + '• �; ,�'+ .'s.> .ttl\C lasOtis sit ksa. ♦ .* 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Response: There are no known difficulties seeing oncoming traffic from the existing accesses off of County Road 19 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. Response: There are no horizontal curves in the vicinity of the existing accesses 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. Response: Topography in the vicinity of the existing accesses on County Road 19 is flat CHANGE OF ZONE (COZ) ENVIRONMENTAL HEALTH QUESTIONNAIRE Answer the following questions per the Weld County Code, Chapters 14, 23 and 30. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation- do not leave questions blank. 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. Response: Water tap from Todd Creek Metropolitan District. 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed." Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. Response: There is no existing sewage disposal system at this time. There is an existing portable toilet on site. Todd Creek does not have a sewer line in close proximity at this time (there is a proposed sewer line planned 3-6 years from now to come in along the north side of county road 2). If needed, septic will be installed. January 23, 2023 KW Commercial 606 Mountain View Avenue Longmont, Colorado 80501 Attn: Mr. Michael Dente Cmichael.dente@kw.com) Re: Geologic Hazards and Mineral Resources Report 312 County Road 19 Weld County, Colorado EEC Project No. 1232007 Mr. Dente: EARTH ENGINEERING CONSULTANTS, LLC As requested, Earth Engineering Consultants, LLC (EEC) personnel have completed the geologic hazards and mineral resources evaluation you requested for the referenced property. Our evaluation was carried out by reviewing readily available data concerning soil and groundwater conditions for the site, principally through review of United States Geological Survey (USGS), Colorado Geological Survey (CGS), and United States Department of Agriculture Natural Resources Conservation Service (MRCS) published information and a site visit on January 20, 2023. A listing of the references reviewed as a part of this evaluation is included with this report. The referenced property is located in the Southwest 1/4 of the Southwest 1/4 of Section 34, T 1 N, R67W of the 6th Principal Meridian, northeast of the intersection of CR 2 and CR 19, in Weld County, Colorado. The development property is approximately 36 acres and is planned for mixed - use commercial or retail lots. A diagram indicating the approximate location of the development is included with this report (Figure 1). The purpose of this evaluation is to identify potential geologic hazards and mineral resources which may conflict with the proposed development. The information presented in this report is based upon acquired field data, review of the available literature, and previous experience with similar geologic conditions in this area. 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-en gineering.corn Earth Engineering Consultants, LLC EEC Project No. 1232007 January 23, 2023 Page 2 Based on our site review, the site can generally be described as follows. The site currently is occupied by a trailer and boat storage center on the west portion of the lot (access to site was unavailable) while dirt roads make up the north and east borders of the property. The remaining portion of the site's ground surface is assumed to consist of topsoil and vegetation, although was covered by snow at the time of our site visit. The site appears to slope to approximately 29 feet of relief from southwest to northeast. Literature Review Soil/Geologic Review The site geology presented in this report is based upon the review of the available literature and maps, and previous experience with similar geologic conditions in this area. The locations of geologic features are approximate and should be considered accurate only to the degree implied by the methods used to make those measurements. The project site lies in the Colorado Piedmont Section of the Great Plains Physiographic Province. The sediments which compose the Colorado Piedmont were formed when uplift of the present-day Rocky Mountains in Late Cretaceous -Eocene times (70-30 million years ago) produced a large increase of stream sediments resulting in deposition of sediments on the flanks next to the mountain belt and outlying areas. The Colorado Piedmont is an elongated trough in the Great Plains, adjacent to the Front Range of the Southern Rocky Mountains. The Colorado Piedmont was formed when uplift of the area in Miocene times (20-5 million years ago) produced an increase of stream erosion resulting in scouring next to the foothills and outlying areas. The Piedmont is bordered by the Southern Rocky Mountains to the west, Great Plains escarpment to the northeast, and Palmer Divide to the south. Structurally, the site is within the Denver Basin, a thick accumulation of Paleozoic and Mesozoic Era sediments involved with the down -warping of the basin area and uplift of the adjacent highlands. Small anticlinal folds occur adjacent to the Front Range. It is our understanding that faulting has not taken place in the recent historic past in this area. According to the available soil mapping (Natural Resources Conservation Service, 2022), the near surface site soils appear to consist primarily of Nunn loam (Map Unit Symbol 40) with minor areas of Wiley -Colby complex (Map Unit Symbol 82). Nunn loam is described as soil with clay with Earth Engineering Consultants, LLC EEC Project No. 1232007 January 23, 2023 Page 3 lesser amounts of sand and silt. Wiley -Colby complex is similarly described as soil with similar parts of silt and clay with lesser amount of sand (Figure 2). These soils are considered eolium (Colton, 1978) which is described as windblown deposits of sand, silt (Loess), and clay (Figure 3). The near surface soils are likely underlain by bedrock consisting of Denver and Arapahoe Formations (Tweto, 1979) which consists of sandstone, mudstone, and claystone with local coal beds (Figure 4). Within this area, groundwater depths are suggested at depths greater than 80 inches below ground surface. Landslide Potential Landslides as defined by CGS form on a preferential weakness zone causing a 'dry' mass of rock to slide downhill under the pull of gravity. Gradual slopes are present on this parcel and no zones of preferential weakness were observed during our site visit; therefore, it is our opinion that the risk from landslide to be negligible at this particular location under current conditions. Oil and Gas Potential A review of the Colorado Oil and Gas Conservation Commission (COGCC) database (Colorado Oil and Gas Conservation Commission, 2022) indicates the site is located within an identified oil and gas field; furthermore, oil/gas facilities and/or wells are present on the property (Figure 5). Based on the available information, it appears potential oil/gas resources could exist; thus, an evaluation by others would be needed to evaluate that possibility. Coal Mine Potential The project site appears inside of the Denver Coal Region (Carroll, 2006). A review of the available mapping was performed to locate nearby active and historical coal mining operations (Colorado Geological Survey, 2023). No coal mines were shown on or in the vicinity of the project site. Based on the available information, it appears potential coal resources could exist; however, an evaluation by others would be needed to evaluate that possibility. Radiation Review of the available information indicates that no deposits of radioactive minerals have been identified at the referenced property (Colorado Geological Survey, 2023). Although radioactive Earth Engineering Consultants, LLC EEC Project No. 1232007 January 23, 2023 Page 4 minerals were not identified, mitigating radon within site buildings may be necessary. Typically, radon levels are measured within site buildings after a normal operating routine has been established. Mineral Resources Review of available mineral resource mapping indicates that no sources of critical minerals are inferred at this site (United States Geological Survey, 2023). Sand, Gravel, and Quarry Resources Review of available aggregate resource mapping (Figure 6) of the Colorado Front Range indicates no significant resources of sand and gravel exist below ground surface at the referenced property (Schwochow, Shroba, & Wicklein, 1974). CONCLUSION Based on our literature review and site visit, geologic hazards do not appear on the property, critical mineral resources are not inferred on the property, and mineral resources do not appear as an economic resource. Resources of oil, gas, and coal appear possible and could be further explored to determine if extraction of those resources are economically viable. Aside from the identified resources, the proposed development appears compatible with the geologic conditions at the site. Geotechnical subsurface explorations are recommended for each building to identify existing subsurface conditions. Pre -mitigation radon control methods, such as sub -slab piping, as well as radon tests should be considered. The information included in this report was obtained to help determine the feasibility of this project. Professional opinions presented in this report are based on evaluation of technical information gathered, partly on our understanding of the characteristics of the development proposed, and partly on our experience with geologic conditions in the area. We do not guarantee the performance of the project in any respect, only a presentation of available information and opinion of potential hazards or resources that may conflict with the development. Earth Engineering Consultants, LLC EEC Project No. 1232007 January 23, 2023 Page 5 We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Consultants, LLC Zoe Goreski Project Manager Reviewed by: Ethan P. Wiechert, P.E. Senior Project Engineer Earth Engineering Consultants, LLC EEC Project No. 1232007 January 23, 2023 Page 6 References Carroll, C. (2006). MS -09 Coal Resources and Development Map of Colorado . Colorado Geological Survey. Colorado Geological Survey. (2023). Colorado Historical Coal Mines. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Geological Survey. (2023). ON -B -40M Radioactive Mineral Occurances of Colorado. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Oil and Gas Conservation Commision. (2022). COGCC GISOnline. Retrieved from https://cogccmap.state.co.us/cogcc_gis_online/ Colton, R. B. (1978). Geologic map of the Boulder -Fort Collins -Greeley area, Front Range Urban Corridor, Colorado. Retrieved by NGMDB Product Description Page (usgs.gov) Natural Resources Conservation Service. (2022). Custom Soil Resource Report for Weld County, Colorado Southern Part. Schwochow, S. D., Shroba, R. R., & Wicklein, P. C. (1974). Atlas of Sand, Gravel, and Quarry Aggregate Resources Colorado Front Range Counties, Special Publication 5-B. Denver, Colorado: Colorado Geological Survey Department of Natural Resources. Tweto, O. (1979). Geologic Map of Colorado. Retrieved from NGMDB Product Description Page (usgs.gov) United States Geological Survey. (n.d). Mineral Resources Data System. Retrieved from https://mrdata.usgs.gov/cords/map-graded.html Figure 1: 312 County Road 19 - Site Location Weld County, Colorado EEC Project #: 1232007 Date: January 2023 *s\ "Nom'\ v4fl'ts¼ 44%* isx,gb. sea SiraA*114". * 4141"4? P IOZIP tIN Ibaat tete %IN liNtt ZattteNV ***NAN 14tt %)414,V44.4rthWeitt* 14r snits; A sitit414 014 sl Map Unit Symbol Map Unit Name Acres in Aol Percent of Aol 40 82 Totals for Area of Interest Nunn loam, 'I to 3 percent slopes Wiley -Colby complex, 1 to 3 percent slopes 34.5 1.4 35.9 96.0% 4.0% 100.0% Figure 2: 312 County Road 19 - NRCS Soil Survey Map Weld County, Colorado EEC Project #: 1232007 Date: January 2023 EO►LL ` * (WINDBLOWN CLAY, SILT (LOESS), SAND, AND GRANULES) (UPPER HOLOCENE TO BULL LAKE GL k ION) -=1 ht -gib awry to reddish -brown to oliivelray densdensits o.i windblown clay, fir, sand, and granules mainly as sand dunes lin the east half of the area but also as a blanket of loess betivveern the Front Range and the South Platte Rivet, Loess is as much as 15 feet (4..5 m) thick but generally is l+ than 3 feet (1 m) thick, sand dunes are as much as 50 feet (15 u) thick but gener less than 15 feet (4L5 )i thick *New term introduced hen include e si oil wIndbtown i t Co s) and wind -drifted d (dunes) granules, and pebbles and, gradations between (Colton, 1978) Figure 3: 312 County Road 19 - Geologic Map Weld County, Colorado EEC Project #: 1232007 Date: January 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC TKda DENVER AND ARAPANGE FORMATT0NS Sandstont?, mudst4ne, cl4sl;one, and conglomerate; Denver is characterized by anclie.S.itic materials (Tweto, 1979) Figure 4: 312 County Road 19 - Geologic Map Weld County, Colorado EEC Project #: 1232007 Date: January 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC (Colorado Oil and Gas Conservation Commission, 2022) Figure 5: 312 County Road 19 - Map of Oil and Gas Wells / Fields Weld County, Colorado EEC Project #: 1232007 Date: January 2023 North Not to Scale Li Wells . Well (API Spot) Well Name ej Well Status CD Producing (PR) COGCC Oil 8 Gas Fields LI Horizontal Fields Fields Wittenberg Field e3 Roads 8 Railroads (COOT) — Highways • Railroads Major Roads — Forest Roads — Local Roads Li Section, Township, 8 Range (Pt Townships Sections Aerial Imagery 015 (NAIP) EARTH ENGINEERING CONSULTANTS, LLC Project Site rF -. E 1,7.:;•E‘, lh &Ve Fort Lupton a 1.:w•t; r` _ Eastlake A DA M S Brighton 1/190023, 10;07:24 AKI State_Land_BoardJI i neraLCYwnersh ip tate_BorderCw?ILA 24110 Quad rangle.$cu ndarie CG.S Other Quad Boundaries 0 19T4 Study Area Quad rang le Boundary aunty_ Bou ndarietP DIA Dth er Mapped Boundaries definite contact, kn wnrobserved (solid) inferred, buried (dattexi) contact appRox i m ate (dashed) contact neat line ( used fordel ine:at inn of resou roe areas that end at a oou my b.ou nd ary) unattributed line, used forcl3rification of textual notes Lamdfornn Un it_Classifica#ion - alluvial Lan E - eol ian sand (wind deposited] V- valley fill (fly plain andksrterrac a depo3 its) F- flpodplain dep-aslt Z - not mapped FA - man-made deposits (slag, tailings, oils, do.) Histori Quarr y_DrilU-lale_and_Sarnple_Lbcatibns D - other, includes tang l ornerates R- potential quarry aggregate rescu roe 1- stream terrace depesit IJ- upland deposits drill hole t other (no data available) quarry sam plc site sand/gravel pit I 1:9,028 0.07 0.15 I 0.13 0.25 . i , f 0.3 rn i 0.5 km Schve hs w,. S.Q., Shaba, R,R, and P.G., 1974, Sand, Gravel, and Quarry Aggregate Re. our , Cobrado Front Range Counties, Co brado Geological 8uruey, Denver, Colorado, Colorado Geological Survey VidebA ppBuiIder for Arc GIS Bureau of Land hMlan Bement, Esri, HERE, Gamin, INCREMENT P. Intermap, USGS, METI/NASA, EPA, USDA I Schwochow, S.D. Shrob& R.R., andWirkfein, P.C., 1974, Sand, Gravel, and Quarry Aggregate Resouroes, Cclbrado Front Range Counties, Colorado Geological aunj, Denver, Colorado, Caloralo North Not to Scale Figure 6: 312 County Road 19 - Aggregate Resources Map Weld County, Colorado EEC Project #: 1232007 Date: January 2023 EARTH ENGINEERING CONSULTANTS, LLC 6/24/23 To whom it may concern, This letter concerns the requested zoning change for the Outdoor RV storage at 312 County Road 19. We are the residents at 442 County Road 19 immediately to the North of the storage. We have no objections to this change. It seems appropriate for the use and in line with the property across the street. The management of the storage has been considerate to our needs redirecting lighting, adding landscaping allowing us quiet enjoyment of our property. Please let us know if you have any questions. Sincerely, Michael Millard Weld County Treasurer Statement of Taxes Due Account Number R6785426 Assessed To Parcel 146934300005 SELTZER ROBERT L FAMILY TRUST 33641 COUNTY ROAD 83 BRIGGSDALE, CO 80611-7808 Legal Description PT SW4/W2SE4 34-1-67 LOT A REC EXEMPT RECX 13-0054 Year Tax Charge 2022 Tax Situs Address 312 COUNTY ROAD 19 WELD Interest Fees Payments Balance Total Tax Charge First Half Due as of 03/09/2023 Second Half Due as of 03/09/2023 $24373.60 $0.00 $0.00 (12,186.80) S12.186.80 $12.186.80 $0.00 S12.186.80 Tax Billed at 2022 Rates for Tax Area 2504 - 2504 Authority WELD COUNTY SCHOOL DIST RE8 GREATER BRIGHTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 18.3360000 15.3200000 6.3070000 3.1810000 Amount $6,299 72 $7,681.31 $6,417.85 $2,642 13 $1.332 59 58 1820000 $24,373.60 Values Actual Assessed SPEC PURPOSE- $265,312 $76,940 LAND SPEC. PURPOSE- $1,175,864 $341,000 IMPROVEMENTS AG -DRY FARM LAND $3,664 $970 AG -WASTE LAND $7 $10 Total $1,444,847 $418,920 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE L1ENHOLDER 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 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 RIPil`65`+21Q Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. \/2r (114 hildf Signed: Date: t-3/(3 43 1400 N. 17th Avenue, Greeley, CO 80831. PO Box 458, Greeley, CO 80832. (970) 400-3290 Page 1 of 1 Hello