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Home My WebLink About20233134.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES FROM ION, LLC, DBA MCCARTY'S EATON, AND AUTHORIZE CHAIR TO SIGN - EXPIRES DECEMBER 4, 2024 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, ION, LLC, dba McCarty's Eaton, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises, for the sale of malt, vinous, and spirituous liquors, subject to the rules and regulations found in Article 3, Title 44, C.R.S., at an establishment outside the corporate limits of any town or city in the County of Weld at the location described as follows: 37661 County Road 39 Eaton, Colorado 80615 WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for renewal of the existing license, and WHEREAS, said applicant has paid the sum of $725.00 to the Colorado Department of Revenue for the renewal of the existing license, and WHEREAS, the Licensee shall require "responsible vendor" training of each employee, as agreeable to the Colorado Department of Revenue, Liquor Enforcement Division, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained upon request by the Weld County Sheriff's Office or the Colorado Liquor Enforcement Division. cc.: 5OCRS/ S 18E. I S K), °Acme.), APL 101 QCo 1' '3 2023-3134 LC0037 RENEW HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S EATON PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2023-18 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until December 4, 2024, providing that said licensee operates in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, per Article 3, Title 44, C.R.S., heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: the..„O Weld County Clerk to the Board BY:U , b0a)1.0) c1L Deputy Clerk to the Board County At orney Date of signature: I vl Z4 23 eman, Ch Perry L. ck, Pro-Tem 2023-3134 LC0037 THIS LICENSE EXPIRES DECEMBER 4, 2024 trarren rancaren�J� �JJ, �J` Jam` J...l� �rJJJ, �J` �J` �J` �../� �J...l� �JrJ` �J�_Ji � r�? Lid 'Si -1 csti" Cilean515& 1 �1 �l �1 �l �l �l 1 License Number 2023-18 STATE OF COLORADO License Fee $175.00 COUNTY OF WELD QUOi:cENSE BY AUTHORITY OF THE BOARD OF COUNTS' COMMISSIONERS FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES TO SELL AT RETAIL MALT, VINOUS, AND SPIRITUOUS LIQUORS This is to Certify, that ION, LLC, dba McCarty's Eaton, of the State of Colorado, having applied for a License to sell malt, vinous, and spirituous liquors, and having paid to the County Treasurer the sum of One Hundred and Seventy -Five and [00/100] ($175.00) Dollars; therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous liquors containing more than 2% Alcohol by weight, by the drink for consumption on the premises only, as a Hotel and Restaurant (County) with One (1) Optional Premises, at the address of 37661 County Road 39, Eaton, Colorado 80615, in the County of Weld, State of Colorado, for a period beginning on the 5th day of December, 2023, and ending on the 4th day of December, 2024, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 3 of Tide 44, Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly authorized this 23rd day of October, 2023. >5EST: ♦lr 5tic toliel"1 Zif.A yl d 4 ../LIVA.1 e.1 eputy Clerk to the Heard Z.ti-euzz, 1W The Board of County Commissioners Chair, Board of County Commissioners u1 u1 ,C5:15,5 CannisSia TO BE POSTED IN A CONS11 o PLACE. NUN -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1707 Cole Blvd, Suite 300 Lakewood, CO 80401 ION LLC dba MCCARTYS EATON 37661 COUNTY ROAD 39 Eaton CO 80615 ALCOHOL BEVERAGE LICENSE Liquor License Number 03-17805 License Expires at Midnight' December 04, 2024 License Type HOTEL & RESTAURANT / OPTIONAL (COUNTY) Authorized Beverages MALT, VINOUS AND SPIRITUOUS LIQUOR This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1707 Cole Blvd, Suite 300 Lakewood, CO 80401. In testimony whereof, I have hereunto set my hand. 10/26/2023 MH -11 d1 Michelle Stone-Principato, Division Director Jai Heidi Humphreys, Interim Executive Director a H- Ui l� O a tan r-1 CERTIFICATE OF DELIVERY DATE: October 26, 2023 FROM: Chloe A. White. Deputy Clerk to the Board Supervisor SUBJECT: ION, LLC. dba McCarty's Eaton I hereby certify that I have sent the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue. Liquor Enforcement Division, on this 26th day of October. 2023. One copy of the signed Weld County Resolution approving Renewal Application for a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises One original Weld County Liquor License One copy of Colorado Liquor License U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com -. OPF Certified Mail Fee C 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 N sent To AJ+fl : nie t 1O rR sof LICC , • ceet and t.No., oy No " "Or - A r PO Box --s--- x 3L1 O Ci , State, Z/P+4') Postmark Here to�a�rara, 4 • •r1. CO aS PS Form 3800, April 2015 PSN 7530-02-000-9047 Cot See Reverse for Instructions SENDER: COMPLETE THIS SECTION X U 0 O tea) E .o O mu) a4- a cu p CD QS o -5aN i 1J tea) a) a) _> uj a) N w a) 1 u) m u U N E cc xa w22 ro D 'D 2 a) (1) O O :;_-: E € O O O 2 a) o m co— c c -c a) a) a) .m .' a-CLCCCn(1) DOD ❑❑ C) O N N Ca. s-- >, 45 a) C U_ L7 a)>>-c°)a)- (J) -v T) a) a) O O % << O O O O t a) C a) a a) J = a) CD rsa'aaa:-= co 22c0o 2 i ❑n oo 1r U, C) a N a) o � `c to � cn N U -Oc 03 4-ic T C C CO 46 E rc sa; 8! C O'C-o • (1) ■ Ui a C a 9- 0 C O O a) a) a a) t d 9590 9402 7686 2122 8604 7 0 V a) 2O ^1 -Q Qr a) • U E 0 CI G co "r?R" (1) E l� z rag Q a) N Q a a N C) cc 5- Iz U ,E a 0 0 1 0 th to z c 0 O co Weld County • Clerk to the Board's Office • 1 150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weld.gov APPLICANT ID: 786653 DR 8400 (02/22/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensina Authority MCCARTYS EATON PO BOX 240 Eaton CO 80615 RECEIVED Fees Due Renewal Fee $1 a5•s Storage Permit $100 X $ Sidewalk Service Area $75.00 $ Additional Optional Premise Hotel & Restaurant $100 X $ Related Facility - Campus Liquor Complex $160.00 per facility $ Amount Due/Paid $195.00 OCT 0 2 2013 Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the WELD COUNTY State. If converted, your check will not be returned. If your COMMISSIONERS check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Colorado -Beer and Wine License Renewal Application • Please verify & update all information below Return to city or county licensing authority by due date Licensee Name Doing Business As Name (DBA) ION LLC MCCARTYS EATON Liquor License # License Type 03-17805 Hotel & Restaurant / Optional (county) Sales Tax License Number Expiration Date Due Date 94992262 12/04/2023 10/20/2023 Business Address Phone Number 37681 COUNTY ROAD 39 Eaton CO 80615 9704542106 Mailing Address Email PO BOX 24$ Eaton CO 60615 MCC r 34 e cc a ptoo , co 0, O erating an ger Date of Birth Home Address I Phone N ber i� c' .o, IS1.6 ?IWO C 6o�c t CO Erg►: tLs12,l o6 1. Do you have legal possession of the premises at the street address above'? [ Yes ❑ No p/ 0 / j Are the premises owned or rented? ❑ Owned [1 Rented* if rented, expiration date of lease_ 1 �! Z ®2 ll� 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? If yes, please see the table in upper right hand corner and include all fees due. Yes ® No 3a. Are you renewing a takeout and/or delivery permit? (Note: must hold a qualifying license type and be authorized for takeout and/or delivery license privileges) Yes X No 3b. If so, which are you renewing? ❑ Delivery ❑ Takeout Both Takeout and Delivery 4a. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? ❑ Yes ® No 4b. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section44-3-503, C.R.S.? ❑ Yes ® No 5. Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners arematerially interested. ❑ Yes R No 6. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. ❑ Yes W No 5 DR 8400 (02/22/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division APPLICANT ID: 786653 7. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation. ❑ Yes Cgt No 8. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee? If yes, attach a detailed explanation. Yes No Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type or Print Name of Applicant/Authorized Agent of Business Pak ) SPe(K Title g ln(ir°(j e. -4n,' Signature Date Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approved. Local Licensing Authority For ,' /' Weld County, Colorado ,1 g 14e Date 10/23/2023 signature44.3,4.4........._..„ Title Mike Freeman, Chair of ('.nnnty Cnmmi ssi cnPra Attest Esther E. Gesi Clerk to the dithA) x -1.0;„i ck oard 6 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, P't's1 qe Li( am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of J Qf\ L L L (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and paymentobligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to i n-0btained-using this Waiver in any- administrative - or judiciat_action_regardincythe application or license. Name (Individual/Business) Social Security Number/Tax Identification Number Ion LI- C 3Cc—MCfl7c15cc, Address 37&6/ C( 31 City State Co Zip �(26/c n4 -0r1 Home Phone Number Business/Work Phone Number Ill>A q7o-454--2IQ6 Printed name of person signing on behalf of the Applicant/Licensee Pa 4i' t,t4 Applicant/License Signature (Signature authorizing the disclosure of confidential tax information) Date signed �2✓�`�— I -2q-23 Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). 4 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, ION LLC is a Limited Liability Company formed or registered on 12/14/2020 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20208076274 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 09/28/2023 that have been posted, and by documents delivered to this office electronically through 10/04/2023 @ 07:42:35 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 10/04/2023 @ 07:42:35 in accordance with applicable law. This certificate is assigned Confirmation Number 15373917 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, hops. www.coloradosos.gov hi=/CertifiicateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, https:!ih ww.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." REAL ESTATE LEASE AND RESTAURANT AND BAR OPERATIONS AGGREEMENT This Lease and Agreement (this "Lease") is dated I — 1 ' 2 022_ , by and between Eaton Country Club ("Landlord"). And RnR.LLC ("Tenant"). The parties agree as follow: PREMISES. The Premise is made up of the existing Eaton Country Club Building consisting of two floors equaling approximately 14,151 square feet and Parking area equaling approximately 27,0000 square feet. Landlord, in consideration of the lease payment provided in this lease, leases to the Tenant to staff and operate McCarty's Restaurant and Bar consisting of 6,924 square feet of Restaurant Dining Room, Kitchen Area, Storage, and 50% (fifty percent) of 1,526 square feet of the Building Facility common areas and 27,000 square feet Parking area, (considered as the proportional share of the use the "Premises") located at 37661 WCR 39, Eaton, Colorado 80615. TERM. The lease term will begin on October 1, 2022 and will terminate on September 30, 2026. It is understood that either party must provide written notification to the other party thirty (30) days in advance of intent to vacate the Premise. Termination must occur at the end of the Calendar month. Upon vacating the Premise, Tenant must hereby agree to return same to as good repair and "Broom Cleaned" condition as of the commencement date of the Lease, acceptable to Landlord's designated representative. TRIPLE NET LEASE. This lease is what is commonly referred to as a "triple Net Lease", it being the intention of the parties that Landlord and Tenant shall have mutual responsibilities that are apportioned, as described in the following paragraph, to the occupation of the respective areas of the Property to maintain, repair, improve, alter or in any way incur any expense in connection with the Property, and that the rent and any other payments to be made by the Tenant to or on behalf of Landlord under the terms hereof, are to be free and clear of any impositions, expenses or setoffs of any kind or nature whatsoever, including without limitations, any taxes, charges or expense in connection with ownership, maintenance including janitorial services, repair and operation of the Property, all such expenses, charges and taxes paid by the Tenant as provided herein. Tenant shall pay gross proportional share of Forty -Nine (49) Percent and the Landlord shall pay the gross proportion share of Forty -One (41) Percent for all water, gas, heat, light, power, telephone, and other utilities and services supplied to Premise, together with any taxes thereon and the proportional share of real property taxes, all-risk and earthquake insurance, and Fifty (50) percent of common area utilities, taxes, insurance and maintenance expenses. Since all such services are not separately metered to the Tenant and Landlord, the Tenant and Landlord shall pay the apportioned share of the all costs as described herein. LEASE PAYMENT. Tenant shall pay to the Landlord monthly installment starting at $6,100.00 payable in advance on the first day of each month starting at the renewal date of October 1, 2022, of this agreement and then will increased at the following increments of 4%, 5%, and 6% each year after through the fourth year, as defined as follows: 1 1. October 2022 — September 2023: $6,100.00 per month equal to $73,200.00 annually. 2. October 2023 — September 2024: $6,344.00 per month equal to $76,128.00 annually. 3. October 2024 - September 2025: $6,661.20 per month equal to $79,934.40 annually. 4. October 2025 — September 2026: $7,060.87 per month equal to $84,730.46 annually. Lease payments shall be made to the Landlord at 37661 WCR 39 or P.O. Box 240, Eaton, Colorado 80615. EATIMATED PAYMENTS. Tenant shall be notified by Landlord of Estimated Payments for taxes, insurance, maintenance of the Premise, utilities and services from time to time. The Estimated Payments shall be paid by the Tenant together with rent on the first day of each month throughout the Term. The Estimated Payments may be increased or decreased by the Landlord upon written notice to the Tenant based upon statements received or charges incurred by the Landlord, information available to Landlord as to probable cost of expected charges and expenses, or reasonable estimate of Landlord as to probable cost of expected charges and expenses, or as to the probable amount of the expected charges or expenses. Landlords shall be entitled to retain the monies received from such payment in its general fund pending payment of all such costs and charges. No more frequently than once each calendar quarter, the actual costs shall be determined by Landlord, and Tenant shall remit to Landlord on demand its unpaid pro rata share of the actual expense. In the event Tenant paid more than actual expenses for such period of time, Landlord shall apply such overpayment towards the next Estimated Payment owing by Tenant. At the termination of this Lease, an accounting for such charges and expenses shall be made to nearest practical accounting period, and Tenant shall pay to Landlord any balance due, or Landlord shall refund to Tenant any excess amount paid. SECURITY DEPOSIT. Intentionally left blank. POSSESSION. Tenant shall be entitled to possession on the first day of the term of the Lease, and shall yield possession to Landlord on the last day of the term of this lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to landlord in as good as condition as when delivered to Tenant, ordinary wear and tear expected. ALTERATIONS. Tenant covenants and agrees that all Alterations constructed on the Property or work performed or cause to be performed by Tenant shall be in accordance with all laws, rules, orders, directions, codes, regulations and requirements of all governmental agencies, offices, departments, bureaus, and boards having jurisdiction over the Property. Tenant shall provide Landlord with at least 60 days' notice prior to having any construction materials deliver to the Property or commencing construction of any improvement, and shall reasonably cooperate with Landlord in posting of notice of non -responsibility. COST OF ALTERATIONS. Tenant shall pay all costs of constructing any Alterations to the proportional areas leased and approved by Landlord including but not limited to fees and costs charged by architects, engineers, the general contractor, subcontractor, and laborers and material men, and shall not permit any mechanic's or materialmen's liens against the Property in connection therewith. 2 FURNISHINGS. The following furnishings will be provided: Restaurant tables, chairs, and kitchen equipment are provided and Tenant shall return all such items at the end of the lease term in condition as good as the condition at the beginning of lease term, except for such deterioration that might result from normal use of the furnishings. DAMAGES. Any damages to following items of property located in or on the premises will result in a charge to the Tenant as indicated herein: Item Tables Chairs Ice Machine Beer Cooler Food Coolers Dishwashers Charge PARKING. Tenant shall be entitled to use of the parking lot for parking of the Tenants customer/guests `motor vehicle(s) STORAGE. Tenant shall be entitled to store items of personnel property, restaurant and bar goods and materials in the designated storage areas during the terms of this lease. Landlord shall not be liable for loss of, or damage to such stored items. PROPERTY INSURANCE. Landlord shall maintain casualty property insurance on the Premises and all improvements against damage by fire and lightning and against loss or damage by other risks. Tenant shall be responsible for the proportional share of the casualty insurance costs. All insurance proceeds payable by occurrence of any covered loss shall be payable to Landlord, and Tenant shall have no right or claim to any such insurance proceeds payable with respect to improvements, excluding, however, any such proceeds that may be payable with respect to Tenant's personal property, trade fixtures, and stored goods. LISABILITY INSURANCE. Landlord shall maintain liability insurance on the premise. Tenant shall be responsible for the proportional share of the liability insurance. RENEWAL TERMS. This lease shall automatically renew for an additional period of two (2) years per renew term, unless either party gives written notice of termination no later than 180 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this lease except that the lease installment payment shall be $1.0912 the first year and $1.1784 the second year per square foot for the Tenants proportional share of Premise square footage. MAINTENANCE. Landlord shall have the responsibility to maintain the Premise in good repair at all times during the term of lease, Tenant shall be responsible for their proportional share of the maintenance costs during the term of the Lease. 3 UTILITIES AND SERVICES. Landlord shall have the responsibility for providing all Utilities and Services incurred in the connection with Premises, Tenant shall be responsible for their proportional share of the Utility and Services cost. TAXES. Taxes attributed to the Premises or the use of Premises shall be allocated as follows: REAL ESTATE TAXES. Tenant shall pay his proportional share of all real estate taxes and assessments which are assessed against the Premises as a portion of the Lease payment during the time of Lease. "Real Property Taxes" shall include any form of assessment, licenses, fee, rent tax, levy, penalty or tax imposed by any authority having the direct or indirect power to tax, including any improvement district, as against any legal or equitable interest of Landlord in the Premises or as against Landlord's business of renting the Premises. Tenant's share of the Real Property Taxes shall be equitably prorated to cover only the period of time within the fiscal tax year during which this Lease is in effect. With respect to any assessments which may be levied against or upon the Premises and which may be paid in annual installments, only the amount of such annual installments (with appropriate proration for any partial year) and interest due thereon shall be included with the computation of the annual Real Property Taxes. Landlord represents that to the best of his knowledge, there are no assessment or improvement districts being planned which would affect the Premises other than as is in effect as of the date of this Lease PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributed to the Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payment. Accordingly, Tenant shall pay before delinquency all taxes levied or assessed on Tenant's fixtures, furnishings, merchandise, equipment and personal property in and on the Premises, whether or not fixed to the real property. If the Tenant good faith contests the validity of any such personal property taxes, then Tenant shall at its sole expense defend itself and Landlord against the same and shall pay and satisfy any adverse determinations or judgement that may be rendered there on and shall furnish Landlord with a surety bond satisfactory to Landlord in an amount equal to 150% of such contested taxes. Tenant shall indemnify landlord against liability for any such taxes and/or liens place on the Premises in connection with such taxes. If at any time after any tax or assessment has become due or payable Tenant or its legal representative neglects to pay such tax or assessment Landlord shall be entitled, but not obligated, to pay same at any time thereafter and such amount so paid by Landlord shall be repaid by Tenant to landlord with Tenant's next rent installment together with interest at the highest rate allowable by law. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease. Landlord may terminate this lease upon 90 days' written notice to Tenant that the Premises has been sold. TERMINATION CLAUSE. Tenant may, upon 90 days' written notice to Landlord, terminate this Lease provided that the Tenant pays a termination charge equal to three (3) months' rent of the year of termination or the maximum allowable by law, whichever is less. Termination will be 4 in effect as of the last day of the calendar month following the end of the 90 -day notice period. Termination charge will be in addition to all rent due up to the termination day. MILITARY TERMINATION CLAUSE. Intentionally left blank. DESTRUCTION OR CONDEMNATION OF PREMISE. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $500.00. Landlord shall repair the Premises and a just proportion of lease payment shall abate during the period of the repair according to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $500.00 or more, or if Landlord is prevented form repairing the damage by force beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. DEFAULTS. Tenant shall be in default of this Lease if Tenant fail to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary. If Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's right to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all cost, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's default. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For any payment not paid within days after its due date. Tenant shall pay a late fee of $ HOLDOVER. If Tenant maintains possession of the Premises for any period after termination of the Lease ("Holdover Period"), Tenant shall pay to the Landlord lease payment(s) during the Holdover period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON -SUFFICIENT FUNDS. Tenant shall be charged $150.00 for each check that is returned to landlord for lack of sufficient funds. REMODLELS, FURNISHING REPLACEMENTS, OR STRUCTURAL IMPROVMENTS. Tenant shall have an obligation to bring to the attention of Landlord any necessary remodels, furnishing replacement, or construction improvements that may be required to sue the Premises as 5 specified herein. Tenant may also construct such fixtures on the premises (at Tenant's expense) that appropriate facilitate its use for such purposes. Such construction or additions shall be undertaken and such fixtures may be erected only with the prior written consent of landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. Landlord shall have the right to redesignate, remodel, replace or make structural improvements to the premises that may change or modify the use the proportional share of the building square footage. In such a case, the Tenant's lease amount shall be altered to reflect the proportional use. ACCESS BY LANDLORD TO PREMISES. This section is intentionally not included because Landlord and Tenant jointly occupy the Premises. (See the section on OPERATIONS, McCarty's Restaurant and Bar) INDEMNITY REGARDING USE OF PREMISES. Tenant shall maintain indemnity insurance and hold harmless, and defend Landlord, Board, and employees, against and from and all actions, suits, claims, demands, or liability of character whatsoever brought or asserted for injuries to or death of any person or persons, damages to property arising out of, result from or occurring in connection with Tenant's possession and operation of any restaurant and bar service. OPERATIONS. Landlord, through its Board of Directors shall appoint at least one (1) active Board of Directors Member to serve as liaison between the Tenant (Service Provider), the Board of Directors, Board selected full time Manager, and the membership of the Landlord. The appointed Board Member(s) will form and maintain a committee of active members, in good standing, to represent the membership in matters as they relate to the Statement of Work/Services defined later in this section. The appointed Board Member(s) will be the spokesman for the membership to the Board of Directors and Tenant. Tenant (Service Provider) shall appoint at least one (1) Manager that will be available to the Landlord's Board of Directors, Management, and designed liaison Board Member relating to management and execution of this Lease. Tenant's Representative will attend scheduled service meetings, and monthly Landlord Board Meetings to provide agreed upon updates and information described as follows. This Lease incorporates the executed Master Service Agreement dated August 8, 2016, as described as follows: Article 12. Warranty: paragraphs; e, f, g, h, i, j, k, &l.; Article 19. Prohibition Against Employing Aliens: ; EXHIBIT A - STATEMENT OF WORK/SERVICES except for third paragraph; EXHIBIT B - COST DETAIL except. for the sixth, seventh, eighth, and nineth paragraphs; EXHIBIT C - MONTHLY REPORTING; and EXHIBIT D - ASSET INVENTORY. Further, this Lease incorporates the Master Service Agreement Renewal dated August 8, 2018, as described as follows: Article 2. RENEWAL TERMS; paragraph b. Expense Agreement: subparagraphs: ii., iii., and iv. 6 In the event of conflict with the wording in the Master Service Agreement and the Master Service Agreement Renewal, the Lease shall prevail unless over rule by law, ordinances, codes, regulations, or requirements of federal, state, county or other authorities. LANDLORD'S RIGHTS OF SCHEDULE AND USE OF PREMISE. Landlord shall have the right to control the schedule, use, and activities at the premise with respect special Eaton Country Club events and golf tournaments. As much as possible, the Club staff shall coordinate and work with Tenant's event coordinator with respect to the schedules, sizes of special events and tournaments. In the event of scheduling and activity conflicts Landlord's Board shall have control. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. Tenant shall be entitled to use and store only those Hazardous materials, that are necessary for Tenant's business, provided that such usage and storage is in full compliance with all applicable local, state, and deferral statues, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Tenant shall not keep or store on the Premises chemicals in quantities, amounts, concentrations or type which are in excess of those permitted by local, state, federal laws, regulations or ordinances. Tenant shall give to landlord immediate verbal and follow-up written notices of any spills, releases or discharges of Hazardous Material on the Premises, or in common areas or parking lots (if not considered part of Premises), cause by acts or omissions of Tenant, or its agents, employee's, representatives, invites, licensees, subtenants, customers or contractors. Tenant covenants to investigate, clean-up, and otherwise remediate any spill, release or discharge of Hazardous Material caused by acts or omissions to Tenant, or tis agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Tenant's cost and expense: such investigations, clean-up and remediation to be performed after Tenant has obtained Landlord written consent, which shall not be unreasonably withheld: provided, however, that Tenant shll be entitled to respond immediately, defend and hold Landlord harmless from and against any and all claims, judgements, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to attorneys' and consultant fees) arising form or related to the use, presences, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Tenant, its agents, employees, representatives invitees, licensees, subtenants, customers or contractors. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous materials without the express written consent of Landlord, which may be given or withheld in Landlord sole discretion. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements, and regulations of federal, state, county, and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior or interior of the building or alterations of a structural nature. 7 MECHANICS LIENS. Neither the Tenant nor anyone claiming through Tenant shall have the right to file mechanic liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give advance notice to any contractors, subcontractors or suppliers of goods, labor, or other services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises free of all liens resulting from construction done by or for the Tenant. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Lease through friendly negotiations amongst the parties. If the matter is not resolved by negotiating, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or to this Lease will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. SUBORDINATION OF LEASE. This lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, not effect a change in majority ownership of the Tenant (from the ownership existing at the inception of this Lease) nor assign, mortgage or pledge this Lease, without prior written consent of Landlord, which shall not be unreasonably withheld. Such addresses may be changed from time to time by either party by providing notice set forth above. Notices mailed in accordance with above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with laws of the State of Colorado. ENTIRE AGREEEMNT/AMENDMENT. This Lease contain the entire agreement of the parties and there are no other promises, conditions, understanding or other agreements, whether oral or written, relating to the subject matter of the Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under this amendment. SEVERABILITY. If any portion of the Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid or enforceable. If a court finds that any provision of the Lease is invalid or unenforceable, but that by limiting such provisions, it would become valid or enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of eh either party to enforce any provision of the Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. 8 BINDING EFFECT. The provision of this Lease shall be binding upon and inured to the benefit of both parties and their respect legal representatives, successors and assigns. SIGNATURES AND NOTICE. This Lease shall be signed by the following parties. No notice under this Lease shall be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, and address to the parties below. LANDLORD; Eaton Country Club 37661 WCR 39, P.O. Box 240 Eaton, Colorado 80615 TENANT; RnR, LLC Po, D Street, 376 (II WC R Po, Box 2110 F a on1 G ©1o%2O LANDLORD: Eaton Country Cl b By: Date: D//3%2 TENANT: RnR, L By: Date: 132..02Z_ 9 Master Service Agreement Renewal Amendment The RENEWAL AGGREEMENT made and entered into August 14,2018 by and between THE EATON COUNTRY CLUB, a non-profit corporation, hereafter referred to as the "CLUB" or "ECC" and RnR, LCC., hereinafter referred to as "Service Provider", is hereby AMENDED to read, EATON COUNTRY CLUB, a non-profit corporation, hereafter referred to as the "CLUB" or "ECC" and ION, LLC., hereinafter referred to as the "Service Provider". All other applicable terms, agreements, and obligations as stated in the original agreement continue in the signed Renewal Agreement. Signatures Date: /I` / 7 ` +0q f Date: i /� 21 Eaton Country Club Randy Miller, President, Board of Directors Eaton Country Club Chris Williamson, PGA Date: If/ ION, LLC. Daniel Kostrewa 572 Recorded at ) nk—e 1 � AUG 1 01966 �7 I14939ANN........SPOR ..order. Reception No Q J ,NUEXED T 0 0 0 Tins DEED, Made this 10th day of August In the year of our Lord one thousand nine hundred and s ixty-s iX between Merle L. Campbell of the , County of Weld and State of Colorado, of the first part, and The Eaton Country Club, a Corporation of the County of Weld and State of Colorado, of the second part: WLTNESSETH, That the said part of the first part, for and in consideration of the sum of other valuable considerations and one thousand DOLLARS, to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and cone ed and bye� these presents do 88 grant, bargain, sell, convey and confirm unto the said parties of the second parE, si84e°aEl assigns foreveratqlx inXiiiiiifiCEGGEMOSEMPGXXXXXX all the following described lot or parcel of land, situate, lying and being..in.the County of Weld and State of ColoradoXenat and in districts as of record, being all that 124.6 -acres more or less of the North Half (Nh) of Section Thirty (30), Township Seven (7)Noith�'' Range Sixty-five (65), West of 6th P. M., lying East of For Far Lateral, being more particularly descried as follows: Beginning at the northeast corner of said Section 30;' ;'tl'lge ;running West on the North line of said Section, 1375 feet to_th`e enter of the For Far Lateral as said lateral is now con- strliottei.over and across said land; thence along the center line .of ,aid —lateral as follows (by true bearings variation 14°30' E.); ' het4e.:,S'. 27000' West 253 feet; thence S. 13°20' W. 200 feet.;.thendo W._180 feet; thence S. 22°40' W. 143 feet; thenceS••202 feet; thence S. 26°55' W. 222 feet; thenceOS. 23°25' W. 210 feet; thence S. 29°30' W. 157 feet; thence S. 24 30' W. 198 feet; thence S. 14°15' W. 156 feet; thence S. 26° 15' W. 112 feet;thence S.c.$°30' W. 195 feet; thence S. 55°50' W. 142 feet; thence S. 67625'W. 84 feet.; thence S. 79°10'M. 202 feet; thence S. 83°00' W. 280 feet; thenceS. 75°30' W. 95 feet; thence S. 33°50' W. 100 feet; thence S. 11°40' W. 80 feet; thence S. 14°10' E. 86 feet; thence S. 31°10' E. 155 feet to the east and west center lines through said section to a point 409 feat West of the center of said Section; thence East on the center line 3019 feet to the quarter section corner on the east side of said section; thence north on the east boundary of said Section 2641 feet to the point of beginning, also with tthreea). shares of For Far Lateral Company, 100 cre feet water allotment of Northern Colorado Water Conservancy District, the irrigation pumping plant, motors and attachments on the northeast quarter of Section 30, the rights to water for a lake on said lands by agreements in Books 416 page 493, and 1451 pagell, Weld County Records, the rights to carry water therefrom in For Far Lateral and all ditch rights, water rights and rights of way for use with said lands, however evidenced,- excepting and reserving to first party all 1966 crops whether matured or growing) otherwise} AUG t0'BG :UNITED STATES :INTERNAL REVENUE DOCUMENTARY= METER: 6 ® O PB.ICZEI - -= TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances. Na 768. WARRANTY DEED —W9 Js[. —Bradford -Robinson Printing Company. 1132446 Stoat Street, Denver. Colorado .co 5'72 1493961 z TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the. said parties of the second part, their heirs and assigns forever. And the said part Y of the first part, for him sel f his heirs, executors, big ademginistrators, do as covenant, grant, bargain and agree to and with the said parties of the second part, the .sisisa and assigns, that at the time of the ensealing and delivery of these Presents* he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and hag good right, full power and lawful authority to grant, bargain, sell and convey the same in manner find form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever; subject -to: taxes of,7966 payable in 1967, mortgage of record to Recure Fede�r1 Land Bank of Wichita, a deed of trust of record to secure the Farmers National Bank of Ault, Colorado, rights of way for public -roads and pipe lines of record, existing ditches, and reservoirs�alsdetazor 1966 due in 1967, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs andassigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part IN seal • of the first part shall and will WARRANT AND FOREVER DEFEND. - y S WHEREOF, the said party of the first part ha S hereunto set . his hand and day and year first above written. Signed, Sealed and Delivered in the Presence of a STATE OF COLORADO, County of ..,/,-„act doing instrument was acknowledged before me this ;Merle L. Campbell C.alnpb�l1 [SEAL] [SEAL] [SEAL] A itfrc i4ion expires • ;• : M �•.4.0DLWG : F cc'. } as. i o r.6 day of 'August ,19 .17 . Witness my hand and official seal. Notary Public. 'If by natural person or persona here insert name or names; if by persons acting in representative or official capacity or as attorney -in -fact then insert name of-.person•aa hzecutor. attorney -fn -fact or other capacity or description: if by officer of corporation. then 'insert name of such officer or olficers.'5a the president or other officers of such corporation, naming it STATE OF COLORADO, m I hereby certify that this instr Co � o A CO s 9 E 0 o Ap E o i . v 5 ea a I $ I 4107798 05/18/2015 08:41 AM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $30.00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Steven Ray Armknecht and Rhonda Jean Armknecht 37615 County Road 39 Eaton, CO 80615 File Number: 5524-2401141 WARRANTY DEED ibee 4 First American THIS DEED, Made this Thirtieth day of April, 2015, between Lester A, Ewegen of the County of Weld and State of Colorado, grantor, and Steven Ray Arrnknecht and Rhonda Jean Armknecht whose legal address is 37615 County Road 39, Eaton, CO 80615 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of THREE HUNDRED THOUSAND AND 1440/100 DOLLARS ($300,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, not in tenancy In common but in joint tenancy, all the real property, together with Improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lot B of Recorded Exemption No. 0709 -30 -1 -RE 1780, as per the map recorded October 26, 1995 in Book 1516 at Reception No. 2461100, being part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section 30, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: 37615 County Road 39, Eaton, CO 80615 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, Interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, taxesor he a�ent yeanr umbrand nces and es and restrictions of whatever kind or nature soever, and except general years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $30.00 4107798 05/1812015 08:41 AM Page 2of2 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. sterA. Ewegen State of Coiorrada fir" County of .,, Le18 !1� The foregoing Instrument was acknowledged to before me this Thirtieth day of April, 2015 by Lester A. Ewegen. Witness my hand and official seal. My commission expires: Public ASHLEY N. FAIL NOTARY PUBLIC - STATE OF COI.ORARO NOTARY 104 20054034020 �0�7 MYC000413S1OWEXPIAEBAUG 6T 4150330 10;15/2015 10.28 AM Total Pages. 6 Rec Fee: $36.00 Carly Koppes - Clerk and Recorder, Weld County, CO RECORDATION REQUESTED BY: Bank of Colorado Eaton 55 South Elm Avenue Eaton. CO 80615 WHEN RECORDED MAIL TO: Bank of Colorado Eaton 55 South Elm Avenue Eaton, CO 80815 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $100,000.00 except as allowed under applenis Colo rarlu law. THIS DEED OF TRUST is dated October 9, 2015, among Steven Ray Armknecht, whose address is 37615 CR 39, Eaton, CO 80615 and Rhonda Jean Armknecht, whose address is 37615 CR 39, Eaton, CO 80615 ("Grantor"); Bank of Colorado, whose address is Eaton, 55 South Elm Avenue, Eaton, CO 80615 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grams, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, tile, and interest in and to the following described real property, together with all existing or subsequently erected or affixed cwldings, improvements end fixtures; all easements, rights of way and eppurtenances; a! water water rghts and ,)it -:h rights Iincluding stock n utilities with ditch or irrigation rights); and all other rights, royalties, end profits relating to the real property, including without limitation all miners s od, gas. geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: Lot B of Recorded Exemption No. 0709 -30.1 -RE 1780, a per the map recorded October 26, 1995 in Book 1516 at Reception No. 2461100, being a part of the East halt of the Northeast quarter lE1/2NE1/4) of Section 30, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. The Real Property or its address is commonly known as 37615 CR 39, Eaton, CO 80615. REVOLVING LINE OF CREDIT, This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which obligates Lender to make advances to Grantor so long es Grantor complies with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from tiros to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shell not exceed the Credit Limit as provided In the Credit Agreement. It Is the intention of Grantor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. Grantor presently assigns to Lender {also known as Beneficiary in this Deed of Trust! all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents front the Property, In addition, Graritcu grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents, THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE lAl PAYMENT Of THE INDEBTEDNESS AND iMl PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of ?rust, Grantor shell pay to Lender all amounts secured by Ins Deed of Trust es they neconte due, and she I strictly and in a timely meaner perform all of Grantor's obligations under the Crean Agreement, this :leed Cl Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PHOPF3tTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession end Use. Until the occurrence of an Event of Default, Grantor may Ill remain in possession and control of the Property; (2) use, operate or manage the Procerty: end 13) collect the Rents from the Property, Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value Compliance With Environmental Laws. Grantor represents and warrants to Lender that: Ili During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, Disposal, release or threatened rerease of eny Hazardous Substance by any person en. under, about or 'rom the Property, 121 Grantor has no knowledge of, or Eaton, CO 80815 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED, The Lien of this Deed of -Trust shall not r,xceod at any one time S100.000.OG except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated October 9. 2015, among Steven Ray Armknecht, whose address is 37615 CR 39, Eaton, CO 80615 and Rhonda Jean Armknecht, whose address is 37815 CR 39, Eaton, CO 80615 ("Grantor"); Bank of Colorado, whose address is Eaton, 55 South Elm Avenue, Eaton, CO 80815 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants. transfers and assigns to Trustee for the benefit of Lender es Beneficiary all of Grantor's right, title. and interest in end to the following described real property, together with all existing or subsequently erected or affixed Buildings, improvements end fixtures; all eeseenonts, rights cf way, and appurtenances: all water, water rights and ditch rights lincluding stock n :rtllities with ditch or ,rrigetinr rights}; and all other r this, royaitins, and profits relating to the real property, including without limitation ell miners s. al, gas. geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: Lot B of Recorded Exemption No, 0709 -30 -1 -RE 1780, a per the map recorded October 26, 1995 in Book 1516 at Reception No. 2461100, being a pert of the East half of the Northeast quarter (E1/2NE1/4) of Section 30, Township 7 North, Range 85 West of the 6th P.M., County of Weld, State of Colorado. The Real Property or its address is commonly known as 37615 CR 39, Eaton, CO 80615. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation. a revolving line of credit, which obligates Lender to make advances to Grantor so long es Grantor complies with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from lime to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, end any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Llmft as provided In the Credit Agreement. It is the intention of Grantor end Lender that this Dead of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. Grantor presently assigns to Lender [also known es Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property end Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE [Al PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of `rust, Grantor snail pay to tender ali amounts se,uree by this Deed of Trust as they become due, and spa I stnraly and in a finely ria nn,v perform a'J of Giitr,tnt's nnhyahnns under the Credit Agreement, this Jeed of Trust, and the Reared documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use, of tho Property shall be governed by the following provis,ons: Possession and Use. Until the occurrence of an Event of Default, Grer,tor may it) remain in possession and control m l the Property; 121 use, operate or manage the Prooerty; and (31 collect the Prints from the Property, Duty to Maintain, Grantor shall maintain the Property in good cordition and promptly perform all repairs, replacements, and maintenance necessary to praserva Its value Compliance With Environmental Laws. Grantor represents and wa^ants to milder that: I' DJ"nip tfx+ per'rud of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, oisposal, release or threatened release of any Hazardous Substance by any person or, under, about or 'ram the Property, (2i Grantor has no knowledge of. or mason to believe that there has been, except as previously disclosed to and acknowledged by Larder in writing, Ili are beach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, re:ease or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or lci any actual or threatened litigation or claims of any kind by any person relating to such matters: and (31 Except as previously disclosed to and acknowledged by Lender in writing, fal neither Grantor nor any tenant. contractor, agent or other authorized user of the Property shall use, generate. manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; end Ib) any such activity shell be conducted in comolianoo with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, es tender may deem appropriate to determine compliance of the Property with this section cf the Deed of Trust. Any inspections or tests made by Lender shal' be for Lender's purposes only and shall nor be construed to create any resptnsibility or liability on the part of I ender to tcrentor o -r 'o any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances, Grantor hereby )1) releases aoc waives any future clams against Lender for inde''ity or contribution in the event Grantor becomes Faille fur c eanogi ur afire costs under any soon l aeus, .and '7 agrees to rdemcify defend, and hold harmless Lender against any and all claims, losses. Iiabilites. damages, penahies, anti expenses which Lender may directly or indirectly sustain or suffer 'esultng from a breach of this section of thee Deed of 'rust or as a consequence of any C�mail - 1292942: 37615 County Road 39. Eaton. CO 80615: '1'IBD TBD: Your Title Corn... Page 1 of 3 man Steve Armknecht <rollinstoneautol@gmail.com> 1292942: 37615 County Road 39, Eaton, CO 80615: TBD TBD: Your Title Commitment is Ready 3 messages Cynthia Lepthien <CynthiaLepthien@stewart.com> Reply -To Cynthia Lepthien@stewart.com To, Steven Armknecht <rollinstoneautol @gmail_com> Real Estate Closing Journey Thu, Jun 17, 2021 at 9:37 AM lflhCal= Ufa li luri Your title commitment/preliminary report is ready. The title commitment/prefiminary report for the upcoming real estate transaction for 37615 County Road 39, Eaton, CO 80615 is attached for your review. If you should have any questions, please do not hesitate to contact your Stewart Title team. Following is the contact information for your escrow team and file number: File No, 1292942 Escrow Officer Escrow Assistant phone fax phone fax https:` mail.«oo2le.cominlailtu.0.'i 166wp39021my1:''&th—l7aladfah7c25570Rser—AIKc... 6;1712021 Gmail - 1292942: 37615 County Road 39. Eaton. CO 80615: TBD TBD: Your Title Corn... Page 2 of 3 Thank you for choosing Stewart Title Company. we look forward to working with you throughout your transaction. Your closing explained: What happens when Want to gat a better understanding of the transaction process from beginning to erd? To get Information about each phase of the escrow prccess View more resources on the title and escrow process including a real estate glossary, title insurance information and more. Cynthia Lepthien Cynthia. Lepthien@stewart.com Title Examiner H Stewart Title Company This email message is for the sale use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately, at a KNOWN NUMBER, to verify the information prior to sending funds:** Combined Commitment_2.pdf 385K Steve Armknecht <rollinstoneauto1@gmail_com> Thu. Jun 17, 2021 at 10:41 AM To: Cynthia.Lepthien@stewart.com Cynthia, Thank you for taking care of this. I really appreciate you getting this done for me. Steve luoted text hidden] Cynthia Lepthien <Cynthia.Lepthien@stewart.com> Thu, Jun 17, 2021 at 10:48 AM https:'rmail.google.comimail''u-/0-'h 166vvp39021myl'''&.th=17aladfab7c25570&ser—A1Kc... 6`1712021 Cirnail - 1292942: 37615 County Road 39. Eaton. CO 80615: TBD TBD: Your Title Corn... Page 3 of 3 To: Steve Armknecht <rollinstoneautol@gmail.com> You're welcome Cynthia Lepthien Title Examiner II Stewart Title Company/SEFS O (303) 780-4067 cynthialepthien@stewart_com NYSE: STC (Quoted text bidden] hops:/mail.google.corn/mail/ui'0.h 166.\-p39021mv l''?&th=17aladfah7e25570&ser=A1Kc... 6/17/2021 lit stewart TIT. F Date: June 17. 2021 File Number: 1292942 Property Address: 37615 County Road 39, Eaton, CO 80615 37661 County Road 39, Eaton, CO 80615 Buyer/Borrower: TED TBD Please direct all Title inquiries to: Kaye Gallegos Phone: (303) 331-0333 Fax: Email Address: kaye gallegos@stewart com TBD TBD Delivery Method: Emailed Steven Ray Armknecht Rhonda Jean Armknecht Eaton Country Club Delivery Method: Emailed King Surveyors 650 E. Garden Dr Windsor, CO 80550 Stewart Title Company 55 Madison Street, Suite 400 Denver. CO 80206 Attn: Chris DePaulis Phone: (970) 686-5011 Fax: E -Mail: chrisd@kingsurveyors com Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction identification Data for Issuing Agent: Issuing Office: Issuing Office's ALTA" Registry ID. Loan ID Number: Commitment Number. Issuing Office File Number. Property Address. reference only: Stewart Title Company 55 Madison Street, Suite 400, Denver, CO 80206 1292942 1292942 37615 County Road 39, Eaton, CO 80615 37661 County Road 39, Eaton, CO 80615 Revision Number: 1. Commitment Date: June 9, 2021 at 8:00AM 2. Policy to be issued: (a) ALTA Owner's T.B D. Proposed Insured: TBD TBD (b) ALTA Loan Proposed Insured: Proposed Policy Amount 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Eaton Country Club, a Corporation as to PARCEL A Steven Ray Armknecht and Rhonda Jean Armknecht as to PARCEL B 5. The Land is described as follows: See Exhibit "A" Attached Hereto STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: This page is only a part of a 2016 ALTA Commitment for Title Insurance This Commitment is not valid without the Notice. the Commitment to issue Policy; the Commitment Conditions: Schedule A: Schedule 0, Part f - Requirements: and Schedule 0, Part 11 -Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No,: 1292942 ALTA Commitment For Title insurance 8-1-16 (4-2-18) Page 1 of 7 -rvie,CAN LA'.'1] T1 rl.r ASf t)�. 1.4111�fv ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 1292942 PARCEL A' The North 1/2 of Section 30, Township 7 North, Range 65 West of the 6th P.M. County of Weld, State of Colorado, lying East of For Far Lateral, being more particularly described as follows: Beginning at the Northeast corner of said Section 30; thence running West on the North line of said Section, 1375 feet to the center of the For Far Lateral as said lateral is now constructed over and across said land; thence along the center line of said lateral as follows (by true bearings variation 14°30' East) thence South 27°00' West 253 feet; thence South 13°20' West 200 feet; thence South 11035' West 180 feet; thence South 22°40' West 143 feet; thence South 28`25' West 181 feet; thence South 26°55' West 222 feet; thence South 23°25' West 210 feet; thence South 29°30' West 157 feet; thence South 24°30' West 198 feet; thence South 14°15' West 156 feet; thence South 26°15' West 112 feet; thence South 38°30' West 195 feet; thence South 55°50' West 142 feet; thence South 67°25' West 84 feet; thence South 79°10' West 202 feet; thence South 83°00' West 280 feet; thence South 75°30' West 95 feet; thence South 33°50' West 100 feet; thence South 11°40' West 80 feet; thence South 14°10' East 86 feet; thence South 31°10' East 155 feet to the East and West Center Lines through said Section to a point 409 feet West of the Center of said Section; thence East on the Center Line 3019 feet to the 1/4 Section Corner on the East side of said Section; thence North on the East boundary of said Section 2641 feet To The Point Of Beginning EXCEPTING THEREFROM that part conveyed in Warranty Deed recorded March 7, 1983 in Book 990 as Reception No 1919468 and ALSO EXCEPTING THEREFROM that part conveyed in Warranty Deed recorded December 22, 1992 in Book 1363 as Reception No. 2315659 COUNTY OF WELD, STATE OF COLORADO. PARCEL B: Lot B, RECORDED EXEMPTION NO, 0709-30-1 RECX16-0064, Situated in the Northeast Quarter of Section 30, Township 7 North, Range 65 West of the 6th P.M. This page is only a part of a 2016 ALTA' Commitment for Title Insurance This Commitment is not valid without the Notice the Commitment to Issue Policy, the Commitment Conditions. Schedule A, Schedule B_ Part l - Requirements, and Schedule B, Part II -Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 7 LAVTITLE UfT t)i n,LUV ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY according to the map recorded October 12, 2016 as Reception No. 4244575, COUNTY OF WELD, STATE OF COLORADO For Informational Purposes Only 37615 County Road 39, Eaton, CO 80615 37661 County Road 39, Eaton, CO 80615 APN: 070930100002, R8947169, 070930000048, R0032593 This page is only a part of a 2016 ALTA' Commitment for Title Insurance. This Commitment is not valid without the Notice, the Commitment to Issue Policy; the Commitment Conditions.- Schedule A. Schedule B. Part I - Requirements: and Schedule B, Part If -Exceptions. and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. File No.: 1292942 ALTA Commitment For Title insurance 8-1-16 (4-2-18) Page 3 of 7 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 1292942 Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured. or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. This page is only a part of a 2016 ALTA" Commitment for Title Insurance This Commitment is not valid without the Notice, the Commitment to issue Policy, the Commitment Conditions. Schedule A. Schedule B Part I - Requirements. and Schedule B, Part 11 -Exceptions, and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited_ Reprinted under license from the American Land Title Association_ File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 7 tillt• AME RICAN InJri TITE ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 1292942 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS. OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3 Easements, or claims of easements, not shown by the public records - 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. Right of way for all ditches, laterals and creeks crossing subject property. 11. Right of way for county roads 30 feet wide on either side of section and township lines established by Board of County Commissioners Weld County recorded October 14, 1889 in Book 86 at Page 273. (PARCEL A and PARCEL 5) 12. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom in Patent recorded This page Is only a part of a 2016 ALTA' Commitment for Title Insurance. This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions Schedule A: Schedule B. Part I - Requirements and Schedule E, Part II -Exceptions. and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. File No.. 1292942 ALTA Commitment For Tide Insurance 8-1-16 (4-2-18) Page 5 of 7 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY October 11, 1912 in Book 333 at Page 56 and in Patent recorded May 17, 1895 in Book 34 at Page 385. (PARCEL A and PARCEL B) 13. Agreement recorded August 19 1915 in Book 416 at Page 493. (PARCEL A and PARCEL B) 14. Easement Agreement recorded May 17, 1956 as Reception No. 1230776. (PARCEL A and PARCEL B) 15. Reservation of all oil, gas and other minerals in Warranty Deed recorded March 7, 1983 as Reception No. 1919468. The Company makes no representation as to the current ownership of any such interests. (PARCEL B) 16. Oil and Gas Lease and all assignments thereof and interests therein recorded July 8, 1983 in Book 1001 at Page 969 as Reception No 1932794. (PARCEL A and PARCEL B) 17. Right of Way Easement recorded January 28, 1984 as Reception No. 1427501 (PARCEL A) 18 Right of way Easement recorded January 28, 1984 as Reception No. 1427502. (PARCEL A and PARCEL B) 19. All matters shown on the plat of Eaton Country Club Village First Annexation Plat recorded January 21, 1986 as Reception No. 2039966. (PARCEL A) 20. Letter Re Easement recorded December 3, 1991 as Reception No. 2270835. (PARCEL A) 21. All matters shown on the plat of Subdivision Exemption No. 416 recorded December 3, 1991 as Reception No 2270836. (PARCEL A) 22. Easement recorded June 21, 1995 in Book 1497 at Page 810 as Reception No 2443420. (PARCEL A and PARCEL B) 23. Segregation Agreement recorded February 15, 2000 as Reception No. 2749839. (PARCEL A and PARCEL B) 24. All matters shown on the plat of Use by Special Review recorded December 7. 2000 as Reception No. 2811620. (PARCEL A and PARCEL B) 25. Agreement recorded September 18, 2001 as Reception No. 2884581. (PARCEL A) 26. Easement Agreement recorded July 24, 2002 as Reception No. 2971555. (PARCEL A) 27. Easement Agreement recorded July 24. 2002 as Reception No 2971556. (PARCEL A) 28. Declaration of Pooling recorded April 2 2014 as Reception No. 4006436. (PARCEL A) 29. Oil and gas lease and all assignments thereof and interests therein recorded March 28, 2013 as Reception No. 3920476. There may be grants, leases and assignments which are not listed here. (PARCEL B) 30. All matters shown on Subdivision Exemption No. 155 recorded June 3, 1982 as Reception No. 1893603. (PARCEL A and PARCEL B) This page is only a part of a 2015 ALTA' Commitment for Title Insurance This Commitment is not valid without the Notice the Commitment to issue Policy the Commitment Conditions. Schedule A Schedule B Part i - Requirements. and Schedule B. Part 11 -Exceptions and a countersignature ny the Company or its rssuutg agent that may be in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form for any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited- Reprinted under license from the American Land Title Association. File No 1292942 ALTA Commitment For Title insurance 8-1-16 (4-2-18) Page 6 of 7 .5511 .-l.dN 1IT19 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 31. All matters shown on Recorded Exemption No. 0709-30-1-RE1780 recorded October 26, 1995 as Reception No. 2461100. (PARCEL B) 32. All matters shown on the plat of Recorded Exemption No. 0709-30-1 RECX16-0064 recorded October 12, 2016 as Reception No. 4244575. (PARCEL B) 33. The Deeds of Trust recorded November 15, 2018, as Reception No. 4446784, recorded October 4, 2019, as Reception No 4529741, and recorded June 2, 2021, as Reception No. 4720803.(PARCEL A) 34. Deed of Trust recorded October 15, 2015, as Reception No 4150330. (PARCEL B) This page is only a part of a 2016 ALTA' Commitment for Title Insurance. This Commitment is not valid without the Notice, the Commitment to issue Policy; the Commitment Conditions:- Schedule A. Schedule B, Part J - Requirements, and Schedule B, Part II -Exceptions.' and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No,: 1292942 ALTA Commitment For Title Insurance 8-1-16 (4-2-181 Page 7 of 7 iii' stewart ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT lS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Authorized Cthintersignature Stewart Title Company 55 Madison Street, Suite 400 Denver, CO 80206 Frederick H. Eppinger President and CEO avid Hisay Secretary This page is only a part of a 2016 ALTA"' Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A. Schedule B. Part I - Requirements. and Schedule B. Part II - Exceptions; and a countersignature by the Company or its issuing agent that maybe in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 AMEA€CAN 1..1 V11 TITLE COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B. Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA', Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy: the Commitment Conditions,- Schedule A. Schedule B. Part I - Requirements; and Schedule B, Part I! - Exceptions, and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited- Reprinted under license from the American Land Title Association. File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 A.elolrAN -LAND 11TH'. nssu�:nuuN (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A. and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued. all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured. nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.orq/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page Is only a part of a 2016 ALTA"Commitment for Title insurance This Commitment is not valid without the Notice, the Commitment to Issue Policy, the Commitment Conditions, Schedule A. Schedule B. Part I - Requirements: and Schedule B. Part 11- Exceptions. and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AU other uses are prohibited. Reprinted under license from the American Land Title Association, File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 5i0 RI L 55 I. A,r, TIM AS AMA llf a I lid NI M11iissi 4 U Ord �S4 4 N V n 1 Di fat v008NCr) v.) b" ?OA :'b01$ or 110 iaLi DictoG card Se%tuitr Alarm S)uoals, tnc. 970-356-5612 n C�3 A NN friar! Sitabote S+ntk. aobdo' neat octal' r ttt.+i lSfrom Strebr, Ouct Qotcc;ar Fla rVlrn Cerim; Pc -101 Aunt -float! w GrJp,.t 241., Char. 1 a 14 MAIN FLOOR PLAN rridtj r • OtW Of Li r ajl "ANffil'i -÷toss,96 • N. tG any 4 \ / YOU ARE Hale r - ylr .w.tt �- I I r L • r r NE AL%;Y cp r. IN ROOFTOP UNJT onavi erns -- ----,- a 7 / war sr f 1 t�rnurraoau / Eaton Country Club Fire System Zone Descriptions Zone 't Zone 2 11 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone ;a Basement Garage Heat Detectors Basement Puff Stations Panel & Furnace Heat Detectors Basement Smoke Detectors Main Floor Pull Stations Kitchen Hoat Detectors Main Floor Smoke Detectors Ansul Northeast Duct Detector West nuct Detector te cnd;co,teS t,uhe re. beer Kew ;s s-torcd_ This 1 Coo let- ►S IocKecl w M 1 1 4- : try: e. j Tine- ac too. itSionccje 16 roonf S4-orts sewed i 50 d ac- pap Corti01ne.rs I SS _ -- - dr- i :MSG Mai 1 ii {P leaa 4)? 1 VOW DUCT VET. IN ATTIC i m r, I I I I 1 I I I BASEMENT FLOOR PLAN FIRE ZONE CHART 'or Cahn CoLre y Club LIMP, t_:o z rDf7A..i •.00••x• I • t 1• 1 I -{. 'i ti CI Pict ft. -1.a( tt frri-911\fie LI 00 1, R W : OUNTY r thist.O • - MAI'L'ING ION, L LC, dba Mc � rte s 15KU4�1 '155' 1,561814'4 ,1595 1451 r r ► FUI�I'HIL- 1♦'z.-,-�, 14Oa` '�■ �a y�.,�,� .. .'` 150 8 .7"r 45.Z 1551 . t 1151143/1-A4zoi'455 1,5i 146!! 15J0 ,,,r � 15281538 1.�b0 rr �, - * . �. i� �_ �� •��..; '�14_4.214��1 154= .,�,��---�� I'f5 �•..�-. � i� • . = -� = 1431,•�-.t 4�; 2b1'1l 9� 3� "'�' d. ��7►Cj 581- T+ �05 1 L�' ' .,25. .�,�y %''^ 1 ys 0 14(1136 ottift) .. 142.�.,� �522 '�1.0 ��2�� E 55 v9:f m,, t 151 Irei-< <�...� 1 x115 "K140�_,14 .14x109:1 558.67 WGS_1984_Web_Mercator_Auxiliary_Sphere t©; Weld County Colorado 1;117.3 Feet This map is a user generated static output from an Internet mapping site and is for reference on y Data layers that appear cn this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels Highway f County Boundary Notes 37661 CR 39, Eaton, CO 80615 Paul Speck 11656 CR 72 Severence, CO 80615 (970)302-1365 February 22, 2022 Security Plan So all 4 doors on the main floor are unlocked during business hours witch are 7am-8:30pm Monday -Sunday. There are 2 doors that are locked from the outside but can be exited from the inside one door is located next to the bar and the other is on the north wall in the dinning room. There is locking cabinets above the bar that lock and the key is accessed from manager. All liquor is locked every night. There are 6 security camera's 2 in the kitchen and 2 behind the bar 1 at the serving station that are on 24/7 and 1 in the liquor room. All the beer is stored in a locked cooler in the basement it is locked and only two people have keys to this cooler. At night the last person here checks all the doors and walks around to check that all doors are closed and locked and then sets the security system that is provided from DictoGuard security. DATE: 7/23/2021 4767981 Pages: 1 of 2 10/20/2021 04:47 PM R Fee:$23.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I:Bill L OTLINEADJUSTiWENT#LLA2J-0026 FILE NAME: 20210335LLA PROPERTY DESCRIPTION Multiple parcels of land, located in the North Half (N1/2) of Section Thirty (30), Township Seven North (T.7N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: Lot B, Recorded Exemption No. 0709-30-1 RECX16-0064 recorded October 12, 2016 as Reception No. 4244575 of the Records of Weld County, and Lot B, Subdivision Exemption No. 416 recorded December 3, 1991 as Reception No. 2270836 of the Records of Weld County, Said described parcels of land contains 121.295 Acres, more or less (±), and is subject to any rights —of —way or other easements of record or as now existing on said described parcel of land. PROPERTY OWNER'S CERTIFICATE We, the undersigned, being the sole owners in fee of the above described property, do hereby subdivide the property as laid out in this plat, and dedicate all easements described and/or depicted herein for the benefit of Weld County and the fee owners of any Lot or parcel crested by this plat. C/K-ZA• Steven Ray Armk cht Rhonda Jean Arm echt NOTARIAL CERTIFICATE STATE OF (Olorcc.C ) ss COUNTY OF "eL4 ) The foregoing instrument was acknowledged before me this �Ul� day of ' , 2021 , by $iEUCN tray ',rem rAbasr-as 1/4_S Witness my hand and official seal. My commission expires 3 a . r_01.3 Notary Public OWNER: Eaton Country Club By. NOTARIAL CERTIFICATE STATE OF ( I c ) ss COUNTY OF t/•�-2Qs2 ) The foregoing instrument was by (SEAL) MARLA DEAN DANIELS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034008592 MY COMMISSION EXPIRES 3-12-2023 As: 0 ^2c, -11/' (1) -- acknowledged before me this Z67il day of , , 20 Zl, as Witness my hand and official seal. My commission expires Notary ublic (SEAL) LYNN D. MORGAN NOTARY PUBUC STATE OF COLORADO NOTARY ID 19904006407 MY COMMISSION EXPIRES 6-26-2024 Between Lot B, Recorded Exemption No. 0709-30-1 RECX16-0064 and Lot B, Subdivision Exemption No. 416, Situate in the North Half of Section 30, Township 7 North, Range 65 West of the 6th P.M., Town of Eaton, County of Weld, State of Colorado DEPARTMENT OF PLANNING SERVICES — ADMINISTRATIVE REVIEW CERTIFICATE OF APPROVAL This Lot Line Adjustment filing. Director, Department of Planning Services NOTARIAL CERTIFICATE accepted and approved by the Department of Planning Services for STATE OF Co (Orr.dD COUNTY OF w old ss The foregoing instrument was acknowledged Witness my hand and official seal. �` P`6/OY My commission expires before Notary Public me this day of 6ir , 20O, D OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL (SEAL) This Lot Li •'ustment is accepted and approved by the Board of County Comm County, State o • ado. Witness my hand and the c. _ - •te seal of Weld County this Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Bo By. De• erk to the Board ers of Weld f Date , 20_. M O County Rd 39 County Rd 78 SITE County Rd 76 f EATON 5th _ 7 VICINITY MAP SCALE: 1"--=2000' BASIS OF BEARINGS AND LINEAL UNIT DEFINITION Assuming the East line of the Northeast Quarter of Section 30, T.7N., R.65W., as bearing South 01'04'12" East, as monumented as shown on the plat, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2642.90 feet with all other bearings contained herein relative thereto. The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) TITLE COMMITMENT NOTE This survey does not constitute a title search by King Surveyors to determine ownership or easements of record. For all information regarding easements, rights —of —way and title of records, King Surveyors relied upon Title Commitment Number 1292942, dated June 9, 2021 as prepared by Stewart Title Company to delineate the aforesaid information. SURVEYOR'S STATEMENT I, Christopher A. DePaulis a Registered Professional Land Surveyor in the State of Colorado, do hereby certify that the survey represented by this plat was made under my personal supervision, and that this plat is an accurate representation thereof. I further certify that this survey and this plat complies with all applicable rules, regulations and laws of the State of Colorado, State Board of Registration for Professional Engineers and Professional Land Surveyors, and Weld County. Christopher A. DePaulis — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38105 DOCUMENT LIST REC. NO. DATE 1702197 10/26/1976 1893603 6/3/1982 2270836 12/3/1991 2461100 10/26/1995 2811620 12/7/2000 4244575 10/12/2016 NAME WARRANTY DEED SUBDIVISION EXEMPTION SE -155 SUBDIVISION EXEMPTION SE -416 RECORDED EXEMPTION RE -1780 USE BY SPECIAL REVIEW, USR-1241 GOLF RECORDED EXEMPTION RECX16-0064 COURSE NOTES FROM THE COUNTY 1) The purpose of this Lot Line Adjustment is to adjust the boundaries between Lot B of RECX16—OO64 and SE -416, now known as Lots A and B of LLA21-0026. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 5) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 6) The historical flow patterns and runoff amounts will be maintained on the site. 7) 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. 8) Building permits issued on the proposed lots will be required to adhere to the fee structure of the County —Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 9) 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 occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred —fifty (150) feet of any oil and gas wellhead or within twenty—five (25) feet of any plugged or abandoned oil and gas well. 10) 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 Lot Line Adjustment number. 11) Potential Purchasers are hereby notified that a gold course is permitted by USR-1241 Reception # 2811620 and is located on Lot B of LLA21-0026. 12) 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 people 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. 13) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 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. SURVEYORS NOTE The Weld County, Department of Planning Services requires "NOTES FROM THE COUNTY" notes which appear on Sheet 1 of 2. These notes are placed within this plat as a condition of approval by the Weld County, Department of Planning Services. The notes, as they appear within this plat, were forwarded to King Surveyors by the Weld County, Department of Planning Services and in no way are to be construed as the act or practice of land surveying as defined by the State of Colorado. These notes simply appear within this plat at the direction of the Weld County, Der 3rtment of Planning Services. SCALE: 1 "=200' DRAWN BY: CSK CHECKED BY: CAD cin O z REVISIONS: REVISED PER ADMIIN REVIEW LLA21-0026 LOT LINE ADJUSTMENT PROJECT #: 20210335 1 SHEET 1 OF 2 DATE: 7/23/2021 4767981 Pages: 2 of 2 10/20/2021 0Cler an R Fee:$23.00 $23.00 Carly Koppes, Clerk and Recorder Weld County CO IIIPA= i'v��lgl�n�k I��,'1i� I1 L' Mth�r�'ifi III' Between Lot B, Recorded Exemption Situate in the North Half Town LOTS 21-0026 No. 0709-30-1 RECX16-0064 and Lot B, Subdivision Exemption No. 416, of Section 30, Township 7 North, Range 65 West of the 6th P.M., of Eaton, County of Weld, State of Colorado I �_ , FILE NAME: 20210335LLA SCALE: 1"= 200' DRAWN BY: K CHECKED BS CAD RECX16-0112 �_ COUNTY ROAD 78 S89'01'29"E 2686.35' (NOT APAR T) LOTH RECX16-0112 (NOTAPART) 1,‘ I FOUND #4 REBAR WITH RED PLASTIC CAP 1 I } I 1 ,3O' R/GHT OF NAY I - -S89'01'2 'E --- LS 26298 BOOK 2 PACE 244 - 1361.90' �' LOTB JO' R/GHT OF WAY_ _ _ NORTH QUARTER CORNER ,� 30' RIGHT OF WAY. SECTION 30, T.7N., R.65W. ..d` +� BOOK 5, PAGE 62 O lr� NORTHEAST CORNER SECTION 30, T.7N., R.65W. LINE TABLE o SE -155 BOOK 2, PACE 244 L O (NOTAPART) O •0 /\' 30' RIGHT OF WAY- BOOK 5, PAGE 62 FOUND 3 1/2" ALUMINUM CAP ON #6 REBAR, LS 22098, 1995 LINE BEARING LENGTH O i ry0 IN MONUMENT BOX L1 N36'07'43"W 58.73' N FOUND #4 REBAR 2-S01.04'12"E 1321.47' - - - L2 N75'10'41 "E 95.00' W L3 N78'50'41 "E 202.00' LOTA N RECX16--0064 Illuum I I IOS-989 (0L6) :auoud aAU ua .z� �I .Q pJ�OS9 - �� ns ONIN i L4 N67'05'41 "E 84.00' • (NOT APART) I / y L5 N55'30'41 "E 142.00' 15' WATERL/NE EASEMENT / /21 ` L6 N38'10'41"E 41 "E 195.00' REC./ rn 0 4219774 \ / tri LO I f L7 N25'55'41"E 112.00' / '-- I / / L22 J O L8 N13'55'41 "E 156.00' L21 30.06' L9 N24'10'41 "E 198.00' 17 'I L19 / L10 N29'10'41 "E 157.00' \ vO EXISTING \ '4 EATON TOWN OF ACCESS v f L11 N23'05'41 "E 210.00' \ FOUND #4 REBAR (RES) V L12 N26'35'41 "E 222.00' \ \ \ \ \ SAD •••.„/ L13 N28'05'41 "E 181.00' \ \ \ LOT A \ s�� \ L14 N22'20'41 "E 143.00' \ \ 28,319 SQ.FT. \ ��, O� \ 0.650 ACRE JO'R/GHT OF WAY ' 244 M1 L15 N11'15'41"E 180.00' \ •gyp, \ \ BOOK .2 PAGE I ry WAY L16 N13'00'41 "E 200.00' \ \ \ _ \� \ EXISTING TOWN OF JO' R/GHT OF ` \ �� • 4 �/ BOOK 2 PAGE 244 L17 S88'55'48"W 170.75' \ \\ \ \ \( ORIGINAL LOTS-- N N EATON ACCESS (REs) , LLINE L18 SO4'55'48"W 369.28' \ \ VACATED \\ BY THIS PLAT \..N O • N NORTH SIXTEENTH CORNER L19 S41'04'12"E 16.74' 10' SAN/TARP SEWER EASEMENT \ \ REC. NO. 2461100 ARE -1780j \ \ M I � SECTIONS 30/29, T.7N., R.65W. L20 N56'56'53"E 68.88' \ \ \ \ -I I ao r N V FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 9644, 1995 I L21 N68'31'05"E 35.56' 15' SAN/TARY SEWER EASEMENT \ \ REC. NO. 2443420 \ 3 \ \ O I N CENTERLINE OF IN MONUMENT BOX FAR FAR LATERAL L22 S87'24'24"E 86.01' \to o\ \ \ \ d - 'in "co�O OP z EXISTING TOWN OF EATON ACCESS (COM) LOT B r r �CV N z • w N � \ \ \ LOT B Z \ \ \ 120.646 ACRES \ \ \ . > �> \ 29.91' o O O O NI V p 9/29/21 120.646 ACRES 0)-d- OF ♦': �p m 0 o CURVE TABLE / N90'00'00"W / / / 9.39' \ \ REVISIONS: REVISED PER ADMIIN REVIEW CSK EXISTING TOWN EATON ACCESS W N CURVE LENGTH RADIUS DELTA CHORD CH BEARING / / / / \ .. < N m %— Cl 146.96' 431.00' 19'32'11" 146.25' N28'49'05"W / / / / la FOUND #4 REBAR CO fA " d' O C2 115.74' 131.72' 50'20'37" 112.05' NO1'14'51 "E / / 7 / / . a' BENT FOUND #4 REBAR WITH I :-05 C3 102.94' 219.25' 26'54'06" 102.00' N34'17'13"E / / / / YELLOW PLASTIC CAP LS 7242 / 7 / / 23'N.WC.WO. EASEMENT /\ :: I / / REC. NO. /427502 ' •LOTH f CO o M NCO`, L17 SE 416 (NOTA PART' � � 30.00' EAST QUARTER CORNER HA WKSTONESUB SECTION 30, T.7N., R.65W. (NOTAPART) FOUND 3" ALUMINUM CAP ON #6 REBAR, LS 23513 IN MONUMENT BOX FOUND #4 REBAR b I -" O, DETAIL A in LOTS �� (\I SE -I55 ?j to (NOTA PAR ' ;,r cD SCALE: 1 "=50' LOT LINE ADJUSTMENT # LLA21-0026 FOR STEVES ROLLIN STONE AUTO SALES 37615 COUNTY ROAD 39 EATON, CO 80615 .482040' 41"E 280.00 SEE DETAIL A FOUND #5 REBAR WITH RED PLASTIC -I C.)AD U CENTERLINE OF FAR LATERAL LS 26298 LOTA RECX/6.00fi (NOTA T LOTA " LEGEND 28,319 SQ.FT. • 0.650 ACRE O X FENCE LINE � j �t \ P: -• h, EDGE OF ASPHALT N88'56' 51 W CENTER QUARTER CORNER SECTION 30, T.7N., R.65W. ` 3 psi cn 'I EASEMENT LINE 319.32' SECTION LINE N88'56'51 "W 2700.00' WAY HA 7(STONE SUB 5TH - - - - - RIGHT OF LINE (NOT APART) RETREAT AT HAWKSTONESUB (NOTAPAR7) HAWKSTONESIIB EAST QUARTER CORNER / T7NR (NOT APART) SECTION 30, .., .65W. FOUND 3" ALUMINUM CAP ON #6 REBAR, LS 23513 IN MONUMENT BOX I I 200 100 0 200 400 600 • . ♦ • BOUNDARY LINE FOUND ALIQUOT CORNER AS DESCRIBED FOUND MONUMENT AS DESCRIBED FOUND #4 REBAR WITH YELLOW PLASTIC CAP LS 38480 SET 24" OF #4 REBAR WITH A RED PLASTIC CAP STAMPED KS, LS 38105 Rp.D L/CF Vck "I. e, 0 O CALCULATED POSITION ;-o �O SCALE IN FEET v : 81 � 5 c: o . SCALE: 1"=200' T(0s10tt-: go"t LAW' 4 L LA "� PROJECT #: 20210335 2 SHEET 2 OF 2 Christopher A. DePaulis — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38105 DEPARTMENT OF PLANNING SERVICES LOT LINE ADJUSTMENT (LLA) ADMINISTRATIVE REVIEW Case #: LLA21-0026 Planner: Maxwell Nader LLA Submittal Date: August 20, 2021 Applicants: Steven Ray and Rhonda Jean Armknecht & Eaton Country Club c/o Kyle Merritt Parcel ID #s: 0709-30-1-00-002 & 0709-30-0-00-048 Legal Descriptions: ■ Lot B of Recorded Exemption RECX16-0064; being a part of the NE4 of Section 30, T7N, R65W of the 6th P.M., Weld County, CO • Subdivision Lot SE -416; being a part of Section 30, T7N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 78; west of and adjacent to County Road 39 Zoning: A (Agricultural) # of Plats: # of Lots: # of Parcels: 1 2 2 Lot A Size Before/After: +/- 0.650 acres Lot B Size Before/After: +/- 121 acres Water Source Before/After: Lot A: NWCWD Acct # 2151001 Lot B: NWCWD Acct Sewer System Before/After: Lot A: Eaton Acct # 1610220-02 Lot B: Eaton Sewer The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code. Narrative: The proposed application seeks to adjust lot lines between the Eaton Country Club's Subdivision Exemption Lot SE -416 and Steve Armknecht's Lot B of RECX16-0064. The lot line adjustment is for the purpose of locating a new structure on Mr. Armknecht's property. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: • West Greeley Conservation District, referral dated September 13, 2021 • Weld County Department of Public Works, referral dated August 25, 2021 • Weld County Department of Public Health and Environment, referral dated August 25, 2021 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Eaton • Eaton Fire Protection District • Weld County Zoning Compliance • North Weld County Water District Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. LLA21-0026 Page 1 of 5 1. The draft plat shall be amended to include the following: A. The map shall be prepared per Section 24-10-50 of the Weld County Code, as amended. B. Each page of the plat shall be titled: Lot Line Adjustment # LLA21-0026 C. The plat shall include the attached Weld County Plat Notes. D. The plat shall bear the certifications shown in Appendix 24-F of the Weld County Code. E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent parcels. Reference previous land divisions by case number, reception number and recording date of plat or deed. F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage on the plat map and legal description, as here specified: 1) Lot B of RECX16-0064 is now known as: Lot A of LLA21-0026 2) SE -416 is now known as: Lot B of LLA21-0026 G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code. H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per the Standards outlined in the applicable Article of Chapter 24 of the Weld County Code. I. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot line with a solid heavy line type. J. Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. K. Show the approved Town of Eaton access point(s) on the plat and label with the approved access permit number, if applicable. L. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. M. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. N. Show and label any conflicting boundary evidence such as fences or structures. 2. The following Weld County Plat Notes shall be placed on the plat: 1) The purpose of this Lot Line Adjustment is to adjust the boundaries between Lot B of RECX16- 0064 and SE -416, now known as Lots A and B of LLA21-0026. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 5) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. LLA21-0026 Page 2 of 5 6) The historical flow patterns and runoff amounts will be maintained on the site. 7) 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. 8) Building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 9) 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 occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 10) 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 Lot Line Adjustment number. 11) Potential Purchasers are hereby notified that a gold course is permitted by USR-1241 Reception # 2811620 and is located on Lot B of LLA21-0026. 12) 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 people 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. 13) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 LLA21-0026 Page 3 of 5 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 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. 3. Next Steps: Per Section 24-10-50 of the Weld County Code: A. The Lot Line Adjustment revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 4. Enforcement: Per Section 24-10-60 of the Weld County Code: A. If the Lot Line Adjustment plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one LLA21-0026 Page 4 of 5 hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 5. Plat Recording Process: Per Section 24-10-40 and Appendix 5-J of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. D. Should the plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded, beyond the initial one hundred twenty (120) days. 6. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Lot Line Adjustment plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Date: September 28, 2021 Maxwell Nader, Planner II LLA21-0026 Page 5 of 5 R 13185 £LC 0'270836 12/03/91 10:46 10.00 1/001 F 2183 MARY ANN FEUE.RSTE1N CLERK & RECORDER WELD CO, CO AR22?D836 ENV# 3186 THIS PLAT IS ACC( ;'1E 0 APPROVE DIRECTO , E R 46tr THE FOREG2ING CER' 1fIEATA WAS TH I 67.3 DAY OF Thi- MY COMP I -9S I ON EXPIRE: C WITNESS MY HAND AND SJAt OWNER: EATON COUNTRY CLUB 37661 WELD COUNTY ROAD 39 EATON, COLORADO 80615 LEGAL DESCRIPTION (LOT 8 - EATON COUNTRY CLUB) A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 30,, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO LYING EAST OF FOR FAR LATERAL, BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE RUNNING WEST ON THE NORTH LINE OF SAID SECTION, 1375 FEET TO THE CENTER OF THE FOR FAR LATERAL AS SAID LATERAL IS NOW CONSTRUCTED OVER AND ACROSS SAID LAND; TH�NCE ALONG THE CENTER LINE OF SAID LATERAL AS FOLLOWS (BY TRUE BEARINGS VARIATION 14 30' EAST); THENCE SOUTH 27° 00' WEST, 253 FEET; THENCE SOUTH 13° 20' WEST, 200 FEET; THENCE SOUTH 11° 35' WEST, 180 FEET; THENCE SOUTH 22° 40' WEST, 143 FEET; THENCE SOUTH 28° 25' WEST, 181 FEET; THENCE SOUTH 26° 55' WEST, 222 FEET; THENCE SOUTH 23° 25' WEST, 210 FEET; THENCE SOUTH 29° 30' WEST, 157 FEET; THENCE SOUTH 24° 30' WEST, 198 FEET; THENCE SOUTH 14° 15' WEST, 156 FEET; THENCE SOUTH 26° 15' WEST, 112 FEET; THENCE SOUTH 38° 30' WEST, 195 FEET; THENCE SOUTH 55° 50' WEST, 142 FEET; THENCE SOUTH 67° 25' WEST, 84 FEET; THENCE SOUTH 79° 10' WEST, 202 FEET; THENCE SOUTH 83° 00' WEST, 280 FEET; THENCE SOUTH 75° 30' WEST, 95 FEET; THENCE SOUTH 33° 50' WEST, 100 FEET; THENCE SOUTH 11° 40' WEST, 80 FEET; THENCE SOUTH 14° 10' EAST, 86 FEET; THENCE SOUTH 31° 10' EAST, 155 FEET TO THE EAST AND WEST CENTER LINE THROUGH SAID SECTION TO A POINT 409 FEET WEST OF THE CENTER OF SAID SECTION; THENCE EAST ON THE CENTER LINE 3019 FEET TO THE QUARTER SECTION CORNER ON THE EAST SIDE OF SAID SECTION; THENCE NORTH 00° 48' 19" WEST, 62.00 FEET ALONG THE EAST LINE Of SAID SECTION 30; THENCE NORTH 40° 48' 19" WEST, 293.00 FEET; THENCE NORTH 06° 48' 19" WEST, 201.00 FEET; THENCE NORTH 05° 11' 41" EAST, 247.89 FEET; THENCE NORTH 89° 11' 41" EAST, 183.43 FEET TO A POINT ON THE EAST LINE Of SAID SECTION 30; THENCE NORTH 00° 48' 19" WEST, 1910.10 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 121 ACRES, MORE OR LESS. LEGAL DESCRIPTION (LOT A) A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECj$N 30, TOWN- SHIP 7 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, BEING?RDRE PARTICU- LARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO BEAR NORTH 00° 48' 19" WEST WITH ALL OTHER BEARINGS �ONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 00 48' 19" WEST, 615.88 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 11' 41" WEST, 195.73 FEET; THENCE NORTH 05° 11' 41" EAST, 117.64 FEET; THENCE NORTH 89° 11' 41" EAST, 183.43 FEET TO A POINT ON THE EAST LINE Of THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 00° 48' 19" EAST, 117.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT of BEGINNING; SAID PARCEL CONTAINS 0.5092 ACRES, MORE OR LESS, AND IS SUBIJECT TO ANY RIGHTS -Of -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OF LAND. OWNERS' CERTIFICATE WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE MOVE DESCRIBED PROPERTY DO HEREBY REQUEST A SUBDIVISION EXEMPTION ON THE LAND AS SHOWN HEREON. EATON . U�jll�{ CLL 8Y : NOTARIAL CERTIFICATE THE F EGOING CEkFIFICATIOWAS ACKNOLWEDGED BEFORE ME THIS DAY OF t.4I�l7�+cWv A.D. , 1991. ISSION XPIRES: Commission 'IBS,bnuaty10,1995 My Commiss EXp WITNESS MY HAND ND ASEAL. CDTA PU SURVEYOR'S CERTIFICATE I, GERALD B. McRAE, A REGISTERED PROFESSIONAL LANG SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SUBDIVSISION EXEMPTION PLAT WAS PREPARED UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, AND WELD COU Y. $ 7.5'Vo*A/. 9s' ..wr�,dai�'y� // � / GERALD B. McRAE, PROFESSIONAL ENGINEER AND LAND SURVEYOR, COLORADO REG. NO. 6616 NOTE: ONLY PARCEL A WAS SURVEYED. • .c: C" C a 4 SS'rsO'k/ /0O' e.((•40'I1i 8o' S.14.1o'E 86' S3/• IO'E. 155' COUNTY APPROVAI. 0 FOR FILING. ERVICES KNOWLEDGED BEFORE ME i1�.+� 1 a r A.D., 1991. -it-,., SUBDIVISION EXEMPTION No. 416 01117 /ifu. Section 3o if/es/37,5+ ,t/er/h east Corner Siectlf/0/7 30, 7"74/, 6727'00' k/ 253' s. /3•ZO•k/ 200' S //•,5 'I{/• /V0' s2P• 4o'1/. /1 ' s 88.2s'k/ /8/ 67 26•3.5' 2Z2 • S. 23.25'k/. 2/0. (� ce9•.,o'/sP' P4•.?0'It/ /98' s'./4•/544/ 456' S26•/5'!U. //P'. 5,78 •at,'1tt /9S' $55°50' W. /42' S.67•ZS'W 84' 5'79•/0'1(/. !OZ' 6788'00'W 280' 409't V 4, N Soo le : t": too' AO 40 ZOO 300 400 Veld County Pood 78 (o' Ro. ui) • Pins found: M. 4 Reebar w/cap 47.1167 Z. s *' 7742 e Pins set: V0. 4 Re bar •' /Cap e?.eS [.s.*724e Lo/ (AWN COUNTRY CLUB Gross 1217 Acres Lof A" Gross P?,181 S.F. ((x5092 4c.)1 Rate. 451Osr Vet 181671ST. (0.4286 etc.) I N. 89.11' 41-e /53.43' 4!O.'l'//'4l"E. /17 64' S' 89•(1'41"W (65.73' #/05.11'41"(. 130.?5 4106.46' 19"Its/ t01.00 y. 40'48'1.9`&/. 193.0 Curl Err gee. 30 CEQ5 / - lees ( '/¢ lime See 3Z> °SY JO /9' 30.00i 30.0d 46 I61 I lm SE; f55 I ki SE�55I 0 *00°48' /9" W 62.00 (09t Y4 Corner Section 30 grit: As 71y arawer or M irsw,, NYAIiKI tMIENE rf MO NOINrs-MI-MIT MOW MOT KEN Nr- MfAME, or Of AM MNAI M' MS "LIT. TN, EASENENTl .MO MIN►J-a-MAY MINN MAT N MOM NEMON Asp' NVT x CAwttrr: Alf M I I AN IENITHAL * N*ITI N. AAO ,Mr TO N 4 D MELT AN TINS CONTEXT. giumg, IN .P J. O rr ~MOO L. rN NWT MOIMKi.C4 MY CENOt ACTION MAXI WOW INY NPter IN nws' SNIPPET trims TN (( MAW APTSA TM PONOT S JCOVENVO MYCN NrTTCT. IAA NO EVENT NAT INT W71ON MAMO UPON Ayr Omer IN P*S PUNY M CINNONCE0 NOW THAN TEN resits /AAM TN MITI O✓ THE CENT/MAMA' .MAN NEMO*. McflAE & SHORT, INC. 1231 -8th Avenue Greeley, Colorado 00631 ►no.i. 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A•. a: la. rr�ar • t n• Es sue.it raj E:r; !J oh ; y-ut'r2v . -- v4' LIVESTOCK CONHNEMENT OF'ER SUP -19,3 FEED LOT 0 2,234.68 4,469.4 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels A ZPAG - Zoning Permit for AG NCU - Non Conforming Use SPR - Site Plan Review USR - Use by Special Review Highway Road Road Highway City Limits - Extended Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest 1 Greeley Grover Hudson Johnstown Notes 37661 CR 39, Eaton, CO 80615 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 10/4/23, 10:34 AM Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8974873 October 4, 2023 Account Information Account Parcel Space Type Account Tax Year Buildings Actual Value Assessed Value R8974873 070930100004 Commercial 2023 4 2,555,913 627,170 Legal PT N2 30-7-65 LOT B LOT LINE ADJ LLA21-0026 Subdivision Block Lot Land Economic Area TWN 7 RANGE 65 Property Address Property City Zip Section Township Range 37661 ROAD COUNTY 39 WELD 30 07 65 Owner(s) Account Owner Name Address R8974873 EATON CLUB COUNTRY 37615 806159013 COUNTY 39 EATON, CO ROAD Document History https://propertyreport.weld.gov/?account=R8974873 1/13 10/4/23, 10:34 AM Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 4767981 10-20-2021 PLT LLA21-0026 LLA21-0026 0.00 10-20-2021 0 4798046 01-28-2022 WDN EATON ARMKNECHT STEVEN RAY; ARMKNECHT RHONDA JEAN 0.00 01-24-2022 0 COUNTRY CLUB 4821010 04-22-2022 WDN _ ARMKNECHT RHONDA JEAN; ARMKNECHT STEVEN RAY EATON COUNTRY CLUB 0.00 04-22-2022 0 .3. 4821011 04-22-2022 WDN ARMKNECHT STEVEN RAY; ARMKNECHT RHONDA JEAN EATON COUNTRY CLUB 0.00 04-22-2022 0 *If the hyperlink for the reception number does not work, try a manual search in the Clerk and Recorder records. Use the Grantor or Grantee in your search. Building Information Building 1 AccountNo Building ID Occupancy R8974873 1 Single Family Residential ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Residential Single Family Residential 100 3 2 0 https://propertyreport.weld.gov/?account=R8974873 2/13 10/4/23, 10:34 AM Property Report ID Exterior Roo Cover Interior HVAC Perimeter Units Type Unit Make 1 Frame Masonry Veneer Drywall Forced Air 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 1,006 0 1,006 1,006 456 0 0 148 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Ranch Story 1 1,006 1969 1 0 0 Additional Details for Building 1 ID Detail Type Description Units 1 Appliance Allowance 1 1 Basement Bsmnt Conc 8 ft 1,006 1 Basement Finished 1,006 1 Fixture Bath 3 1 1 Fixture Bath 4 1 1 Fixture Sink Standard 1 1 Fixture Water Heater 1 1 Garage Attached 456 1 Porch Open Slab 148 Building 2 AccountNo Building ID Occupancy R8974873 2 Country Club https://propertyreport.weld.gov/?account=R8974873 3/13 10/4/23, 10:34 AM Property Report ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 2 Commercial 9911 Country Club 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Type Unit Make 2 Package Unit 416 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 2 7,299 0 0 3,958 0 0 0 0 Built As Details for Building 2 ID Built As Square Ft Year Built Stories Length Width 2.00 Country Club 4,237 1968 1 0 0 2.00 Country Club 3,062 2000 1 0 0 Additional Details for Building 2 ID Detail Type Description Units 2 Add On Asphalt Average 27,000 2 Add On Com Canopies Wood Average 911 2 Add On Wood Balcony 1,718 2 Basement Finished 3,958 2 Basement Storage 3,413 Building 3 AccountNo Building ID Occupancy R8974873 3 Warehouse https://propertyreport.weld.gov/?accou nt=R8974873 4/13 10/4/23, 10:34 AM Property Report ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 3 Commercial 9911 Warehouse 100 0 0 0 ID Exterior Roo Cover Interior HVAC Perimeter Units Unit Type Make 3 Space Heater 228 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 3 4,080 0 0 0 0 0 0 0 Built As Details for Building 3 ID Built As Square Ft Year Built Stories Length Width 3.00 Storage Warehouse 3,280 1968 1 0 0 3.00 Storage Warehouse 800 1997 1 0 0 Additional Details for Building 3 ID Detail Type Description Units 3 Add On Shed Frame 674 3 Add On Shed Frame 168 Building 4 AccountNo Building ID Occupancy R8974873 4 Golf Course *CODE https://propertyreport.weld.gov/?accou nt=R8974873 5/13 10/4/23, 10:34 AM Property Report ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 4 Commercial 9911 Golf *CODE Course 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Type Unit Make 4 None 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 4 1 0 0 0 0 0 0 0 Built As Details for Building 4 ID Built As Square Ft Year Built Stories Length Width 4.00 Golf *CODE Course 1 1998 1 0 0 No Additional Details for Building 4 Valuation Information https://propertyreport.weld.gov/?account=R8974873 6/13 10/4/23, 10:34 AM Property Report Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 1212 IMPROVEMENTS SINGLE RESIDENTIAL FAMILY 402,325 27,220 0.000 0 Improvement 2225 IMPROVEMENTS RECREATION- 871,561 243,170 0.000 0 Improvement 2235 IMPS WAREHOUSE/STORAGE- 75,567 21,080 0.000 0 Land 1112 SINGLE RESIDENTIAL FAMILY -LAND 4,286 290 0.429 18,671 Land 2125 RECREATION -LAND 1,202,174 335,410 120.217 5,236,669 Totals - - 2,555,913 627,170 120.646 5,255,340 Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL Tax Authorities Tax Area ID District District Name Current Levy Mill 5055 0700 AIMS JUNIOR COLLEGE 6.307 5055 0911 EATON AREA PARK DISTRICT AND 5.167 RECREATION 5055 0505 EATON FIRE 9.000 5055 1050 HIGH PLAINS LIBRARY 3.181 5055 0304 NORTH (NWC) WELD COUNTY WATER 0.000 5055 0301 NORTHERN (NCW) COLORADO WATER 1.000 5055 0202 SCHOOL DIST RE2-EATON 34.957 5055 0100 WELD COUNTY 15.038 5055 1200 WEST GREELEY CONSERVATION 0.414 Total - - 75.064 https://propertyreport.weld.gov/?account=R8974873 7/13 10/4/23. 10:34 AM Property Report https://propertyreport.weld.gov/'account=R8974873 9/13 10/4/23. 10:34 AM Property Report Sketch https://propertyreport.weld.gov/?account=R8974873 10/13 10/4/23, 10:34 AM Property Report i 24.0' First Floor 1006.0 SF Finished 1006.0 SF Attached 456.0 SF Sketch by Apex IV UUindows TM' Bldg 1 12.0' Open Slab 120.0 SF I 1 1 110.0' 1 19.0' G 6.0' 30.0' 18 4.0' •111.0' 26.0' Open Slab 24.0 SF Building 1 Page 1 35.0' 1 I _ - _ Sketch by ApeN Sketch 39.0' Bldg 2 42 0' WH 9' 480' 310' 40'U50' 60' Finished 3958.0 SF Basement Area 7041.0 SF 110' 8.0' 230' 740' 23.0' 150' 57.0' Building 2 Page 1 \fro:Ase 270' Storage 3413.0 SF 103 7' r https://propertyreport.weld.gov/?account=R8974873 11/13 10/4/23, 10:34 AM Property Report • Bldg 2 ..r` 420' YOC 1986 1815.0 SF WH9' 39.0' 48 0' 200' N_1 4.0' 60' 11 0• 3.0' 4 Cr 44 0' tc First Floor 7299.0 SF Balcony 1718.0 SF Sketch by Apex Sketch 527' 320' 30 0' YOC 1968 2422 0 SF 1 Qt• 3111 300' 100' 33.0' 103.5' 48.5' YOC 2000 48 5' 3062.0 sF 52.7' S0' • 14 0' K' Balcony Liar 523' :5 - Building 2 Page 2 ' 90 103 9' I Sketch by Apex IV"'' 38.5' 674.0 SF Shed Open Side 68.0' Addition in 2006 0 o First Floor 1360.0' WH 12' 48.0' YOC 1968 Class D o ig 0 it ci First Floor t `r 1920.0' `HOC 1997 VtM 10' 12x10 OH 0 800.0' 17.5' Bldg 3 Office 17' X 20' Building 3 Page 1 14.0' 120' Pump Hse 168.0 SF 1 https://propertyreport.weld.gov/?account=R8974873 12/13 10/4/23, 10:34 AM Property Report Map Mii,4141111111PPMPIT 7r, 1171111150 IN "PIP 11 itiseireatess- alestritsuritt...- a 4 ail TASIER:figra Maxar Weld County Government Get additional detail with the Map Search. Powered by Esri Copyright © 2023 Weld County, Colorado. All rights reserved. Privacy Statement & Disclaimer Accessibility Information https://propertyreport.weld.gov/?account=R8974873 13/13 October 5, 2023 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weld.gov ATTN: PAUL SPECK AND DANIEL KOSTREWA ION, LLC DBA MCCARTY'S EATON P.O. BOX 240 EATON, CO 80615 RE: APPLICATION FOR RENEWAL OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S EATON Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 37661 County Road 39, Eaton, Colorado 80615. The meeting is scheduled for Monday, October 23, 2023, at 9:00 a.m., 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. While this is a public meeting and you are welcome to attend, your attendance is not mandatory at this time. The meeting will be live -streamed at www.weld.gov. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or cwhite@weld.gov. Sincerely, Chloe A. White Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office From: Chloe White To: Paul Speck Subject: NOTICE OF HEARING - Renewal Liquor License - ION, LLC, dba McCarty"s Eaton Date: Wednesday, October 4, 2023 8:16:00 AM Attachments: Notice of Hearing - ION, LLC.pdf Good morning, This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 37661 County Road 39, Eaton, Colorado 80615. The meeting is scheduled for Monday, October 23, 2023, at 9:00 a.m. Please see the attached letter and copy of your receipts for further information (hard -copies to follow). Sincere regards, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE PAUL SPECK ION, LLC, DBA MCCARTY'S EATON PO BOX 240 EATON CO 80615 DANIEL KOSTREWA mccartys39ecc@gmail.com I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 5th day of October, 2023. Chloe A. White Deputy Clerk to the Board Supervisor HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Receipts qv:Pt/FOOD PAY TO THE ORDER OF _ .aliprSa ION LLC McCartys Eaton 37661 Wcr 39 Eaton, CO 80615-9013 970-454-2106 J-11Ll iaa—ars n a sal u`ii4t was --a i flail -Ili OW Bank of Colorado Eaton, CO 80615 82-24411070 tr.)n-€ IN (An a fel.. MEMO /�`/ ti 1'114CC 'G'� 0 Ct 0 p U 0 m D 0 U 0 0 U CO 0 CO N- O U 0 a m a) o2 eariVe a42 lie Is 1/41.11, $ `�l A kir VALID %Ltt. / �V 41/11 - HD JAIL VO --� AUTHORIZED SIGNATURE " ',' RECEIPT DATE tolaiaCYa3 No 92333 RECEIVED FROM =On t- t- G d ba, (Y') cCLcxcttd S E1oi+or) ADDRESS ?j-IC0CDI GPI ScA Eo4on1 CO SOCo(5CiOt3 Ont t -I undrQ Gt SeventtTvt is °cati 4o - s v15.Od FOR L,zR - r �'1 :-..- •. 1 L;. L; HOW PAID CASH CHECK --is IF 00 MONEY ORDER tel `" / l op BY 1585 DOLLARS ...1..w--.1 -J _--. - a .w .••••.•w ti ` r Details on Back. iceizoicitlix Security Features Included L gen/FOOD PAY TO THE ORDER OF r.arV► sewage a...S • r•arsa.�• ION LLC McCartys Eaton 37661 Wcr 39 Eaton, CO 80615-9013 970454-2106 L Seven 11, on ,1 AO fWelq-Y c `re 0n2 Bank of Colorado Eaton, CO 80615 82-24411070 firtt/t oir or kte Vein i/l t� kLID MtnVt ALID VALID VA . Y ALIDNtik.;V� $t1IDVALID W np AUTH . RIZED SIGNATURE 000 LSEL," c r) U o 0 m Co 4E1 CD 0 U o x o a� t -v co 0 a) a) O 92 C0_ RECEIPT DATE 1O/Q/anes _ No 92332 RECEIVED FROM Z on' l_l.C f ak o,,, (flcaCcart5 ADDRESS rICDCoI O,....)fc 39, eiorbn i CO gOCDI-3 `iO1 e e - FOR L'=. HS2W PA! CASH CHECK 0 O sal tab MONEY ORDER v Five + de- cos '-1 05.00 i1 . cense 58' lop S..Smilla.+_ _ s. 1584 qe2 DOLLARS Details nn Bark aa+c Security Features included HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Staff Referral Responses From: Chloe White To: Adria Schiel; Benjamin Endreson; Bruce Barker; Byron Howell; Curtis Hall; Cynthia Villanueva; Duane Naibauer; Elizabeth Relford; Gabri Vergara; Jordan Cook; Karin McDougal; Lauren Light; Maxwell Nader; Nick Trautner; Nicole Brick; Robert Godin; Sam Kaneta III; Tom Parko Jr; Wendi Inloes Subject: REFERRAL RESPONSE REQUESTED - Renewal Liquor License Application - ION, LLC, dba McCarty"s Eaton Date: Wednesday, October 4, 2023 11:00:00 AM Attachments: Staff Referral Memo - ION, LLC.pdf Renewal Liquor License - ION, LLC.pdf Good morning, In accordance with the procedures for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — ION, LLC". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Thursday, October 19, 2023 Please note: 1. Applicant: ION, LLC, dba McCarty's Eaton Paul Speck and Daniel Kostrewa, owners Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 2. Hotel and Restaurant (County) Liquor Licenses with One (1) Optional Premises allow for malt, vinous, and spirituous liquors to be sold/served for on -premises consumption only (including on the golf course). 3. Full meals are required to be served. 4. The property is permitted under USR-1241. Thank you, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone MEMORANDUM TO: Board of County Commissioners FROM: Sam Kaneta III, Captain DEPARTMENT: Weld County Sheriffs Office DATE: 4 Oct '23 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's Eaton Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Thursday, October 19, 2023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or cwhite(fweld.gov. ✓❑ We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. Local files show no issues. MEMORANDUM TO: Board of County Commissioners FROM: Nick Trautner DEPARTMENT: Enviornmental Health DATE: 10/4/2023 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's Eaton Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Thursday, October 19, 2023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or cwhite(fweld.gov. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Maxwell Nader DEPARTMENT: Planning Services DATE: 10/9/2023 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's Eaton Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Thursday, October 19, 2023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or cwhitec weld.gov. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Curtis Hall DEPARTMENT: Public Works DATE: 10/19/2023 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's Eaton Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Thursday, October 19, 2023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or cwhiteaweld.00v. ❑✓Et Li o We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Miscellaneous Correspondence October 23, 2023 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weld.gov COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION P.O. BOX 17087 DENVER, CO 80217-0087 RE: APPLICATION FOR RENEWAL OF HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S EATON To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Monday, October 23, 2023. Check #: 1584 Check Date: 9/29/2023 Amount: $725.00 If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, Chloe A. White Deputy Clerk to the Board Supervisor cwhite@weld.gov N v m 8990 05Z£ 8£11 T SiMEN MEN -121 WiWAM J23402310150. 8 O0r 0 00 m o? `4 m 13 0 rn m� -iv O ≤ -n co 73 0 m 58111/SC8B/9AB After printing this label: CONSIGNEE COPY - PLEASE PLACE IN FRONT OF POUCH 1. Fold the printed page along the horizontal line. 2. Place label in shipping pouch and affix it to your shipment. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Transaction Record TRACKING NO.: 773832500668 SHIP DATE: Oct 23, 2023 ESTIMATED SHIPPING CHARGES: 7.59 USD From address CHLOE WHITE WELD COUNTY 1150 O STREET RM 166 80631 CO GREELEY US Phone: 9704004225 cwhite@weldgov.com To address LIQUOR ENFORCEMENT DIVISION COLORADO DEPARTMENT OF REVENUE PO BOX 17087 802170087 CO DENVER US Phone: 3032052300 Package information Pieces Weight Dimensions (LxWxH) Declared value Package options 1x Package type: FedEx Envelope 0.40 lb n/a Service: FedEx 2Day AM Pickup /drop-off type: Drop off package at a FedEx location Billing information Bill transportation cost to: ******483 Bill duties, taxes and fees to: Your reference: CLERK TO THE BOARD P.O. No.: CHLOE A. WHITE Invoice No.: CTB Department No.: 10400 Please note: This transaction record is neither a statement nor an invoice, and does not confirm shipment tendered to FedEx or payment. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, Including Intrinsic value of the package, loss of sales, Income Interest, proof, attorney's fees, costs, and other forms of damage whether direct, Incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. From: Daniel To: Chloe White Subject: Re: Renewal Liquor License Application Date: Monday, October 2, 2023 2:12:57 PM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1. Yes change date please 2. We don't have take out here I'll do it online later. 3. I don't have a restaurant that I own the liquor license on rafts PM Foods in Windsor is now closed so I needed to answer that no I am not the operating manager at R&R LLC 4. Yes I authorize you to add the ein number for ion llc On Mon, Oct 2, 2023, 1:25 PM Chloe White <cwhite@weld.gov> wrote: Good afternoon, I am reviewing your renewal application and have a couple of questions: 1. The applications states the property lease expires on October 5, 2026, but the lease I have on file is good through September 30, 2026. Do you authorize me to correct this date? 2. Questions 3a and 3b state you are renewing a takeout and delivery permit, but I don't have record of you having this permit from the State. Can you send me a copy please? 3. Specific to Paul, you answered question 8 stating you have direct or indirect interest in another liquor license? Are you still the registered manager for Outback? If so, can you please send me an email stating as much? I attached the email you used to send for RnR so you can recreate it specific to ION, LLC. 4. On the State Tax Check Form, the box for a SSN or tax ID is blank. Do you authorize me to list the tax ID for ION, LLC? Thank you! Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office Hello