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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20222397.tiff
RESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -2900, FOR REMOVAL OF LOT B - GREENLEAF ACRES, LLC, C/O BARRY FEHR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 27, 2001, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -2900, and WHEREAS, the Board has received a request from the current property owner, GreenLeaf Acres, LLC, do Barry Fehr, 23670 County Road 22, Hudson, Colorado 80642, represented by Patrick Groom, Witwer, Oldenberg, Barry, and Groom, LLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, to vacate Lot B of Recorded Exemption, RE -2900, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -2900; being part of the NE1/4 of Section 15, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of GreenLeaf Acres, LLC, do Barry Fehr, for Partial Vacation of Two -Lot Recorded Exemption, RE -2900, for removal of Lot B, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4853603 Pages: 1 of 2 09/07/2022 01:48 PM R Fee:$0.00 $0.00 Cc'. pL.(T. /HWY RPPL. RPPL. REP. 2022-2397 Carly Koppel, Clerk and Recorder, Weld County , CO e , ���� kirdiff IVIDNIN � 'ilS+� 'is�t'���aMil i4� "Ill a /27/2. RE -2900 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -2900, FOR REMOVAL OF LOT B - GREENLEAF ACRES, LLC, C/O BARRY FEHR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: tiffA) ' jdo Weld County Clerk to the Board BY: APP County At orney Date of signature: X/3I X22 4853605 Pages: 2 of 2 09/07/2022 01:48 PM R Fee:$0.00 Carly Koppas, Clark and Reoordar, Weld County , CO 11111 Sctt K. James, Chair 1r11;14cle44-- an, Pro -T Lori Saine 2022-2397 RE -2900 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject Partial Vacation of RE -2900 Hearing Date: August 17, 2022 Owners: Greenleaf Acres LLC c/o Barry Fehr Representative: Witwer, Oldenburg, Barry & Groom, LLP c/o Patrick M. Groom Legal Description: Lot B Recorded Exemption RE -2900; being a part of the NE4 of Section 15, T2N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 22; west of and adjacent to County Road 45 Parcel Number 1307-15-1-00-029 Total Parcel Size: +/- 154.62 acres Zone District A (Agricultural) Summary: Greenleaf Acres LLC c/o Barry Fehr requests to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RE -2900, recorded September 21, 2001, reception #2885252. This partial vacation of Lot B of RE -2900 would result in an approximately 154 acre unplatted parcel. Lot A of RE -2900 is not a part of this action. No easements are impacted by this request. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50.6 of the Weld County Code, allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2022-2397 Vacation of RE -2900 I Greenleaf Acres LLC c/o Barry Fehr Page 1 of 2L-2gpp Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of RE -2900 I Greenleaf -Acres LLC do Barry Fehr Page 2 of 2 GREENLEAF ACRES, LLC 23670 CR 22 Hudson, CO 80642 May 16, 2022 Angela Snyder, CFM 1555 N. l7' Ave. Greeley, CO 80631 RE: Vacation of RE -2900 Dear Ms. Snyder: On behalf of GreenLeaf Acres, LLC, I am hereby requesting that Weld County vacate Lot B of RE -2900. This request is being submitted in conjunction with FFD22-0011. Because part of Lot B is incorporated into the Family Farm Division, the vacation of Lot B is warranted. Please do not hesitate to contact me if you have any questions. GREENLEAF ACRES, LLC Oftrly/F.A,L._ Barry Fehr, Manager VACATION PLAT FOR RECORDED EXEMPTION NO. 1307-15-1 RE -2900 Part of the Northeast 1/4 of Section 15, Township 2 North, Range 65 West of the 6lh P. M., County of Weld, Slate of Colorado Sheet 1 of 1 PROPERTY DESCRIPTION BEFORE VACATION 81YRIIC EEaLE 0 200 a00 VACATED LOT B RE -2900 EL LEND ♦ - .awm rpap a/Y a01M -m YlaaMr w. N Yae •-•dw .n•era lam — (e. a .u•aan �y1 -FJj�, I vmm PROPERTY DESCRIPTION AFTER VACATION mvm d .¢e.�iun � •a r •m•� u•R a am v � ar rr. tsvne nwo w • v accem o'Eand ao .m -is-• a-nm r nw d � aMn(seae�rm�wm' r�io r=u•'v��. mwm w. waa a M mnma u � ay. •r«vv � nc alrarm�v PROPERTY OWNER'S CERTIFICATE M ��a•��a :".S °o."�' : •4 'gin e�W:.�"R'e•�,°° BOARD OF COUNTY COMMISSIONER'S CERTIFICATE OF APPROVAL otwn ara ro nt aa,ao a.rt NOTES mi.r..m..w Eoo .m cmnmrt ..ea.�n• a c.a.•mc on<. oa® ea ...a,. SURVEYOR'S STATEMENT �fc4��fiT� ip�_ „it d Surveying Co. q \• •A �'OM •�RNOIID hae•0�®a • a.we�. Kr[•'- I IMw=vnwlw2 Mr (•. may IemnNmiummaouumumm�iiu grim-- is 14&°1..71 t3 vx Cl/. can SEC 13 Et/. COL SEC 1S VICINITY MAP RECORDED EXEMPTION NO. RE 1307-15-1—RE2900 • • ...one ...,.. Q.e....> ..�.,..�....�.. moo," o, '�a•�e.�w`"�.i �e,.R ,""; ww,w...u".a"o'°.,o':"�;a"'°..,cnm"�,',"".K`ea�w�: ..nn mi .'.am m.w�n. iv scut : i• - im• 74;7'.y/2..rzLV/ .. �8. m ,"'. a°o"at"o RECORDED EXEMPTION N0. RE 1307-15-1—RE2900 hq arcx.4 i.7.'.:. Co. ....w,.. �, IC11�e cit'�e aEaaao NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: August 17, 2022 TIME: 9:00 a.m. APPLICANT: GreenLeaf Acres, LLC, do Barry Fehr 23670 County Road 22 Hudson, Colorado 80642 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -2900, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -2900: being part of the NE1/4 of Section 15, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 22; west of and adjacent to County Road 45 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 5, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -2900 Owner ROBERT AND KIM DEGNEGAARD TRUST GREENLEAF ACRES, LLC C/O BARRY FEHR H R ru Er r" C3 i Address 21962 COUNTY ROAD 22 23670 COUNTY ROAD 22 City HUDSON CO 80642-9517 HUDSON CO 80642-9513 State Zip CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RE -2900, in the United States Mail, postage prepaid First Class Mail as listed above. ru Ri N Dated the 5th day of August, 2022. arcfrr \'k . cu Crcic_ Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic. Mail. Only For delivery information, visit our website at www.usps.comnVb®. ₹5 i. 3 ti \ 7'':Y Certified $ Mail Fee Postmark Here a Extra IN 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 Posta e and Fees $ r . Sent to C 1 Street anAp D y r D O., or POBox N ,�--"c in te--- .�- � f 1 - � City, Sfaf= IP+ 5301A- - Z 9 3 0,0 ! PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions TN, 0 E CL E U o 713 E .Q o C•a e1(6175) w 2 a) I- n CZ 0 a ≥ fry (-13 eaaml 75 ni f I C 0 Li—. Sim <4 X co a 2 O 0 st 000 a CCCrCICOU)cc ODD ❑❑ c • gig sti L n a) cc o0 ai ea eg a 15 }— n'a'eo0 �c��cc fAfd3oFie 2 W -a -a 0 0 o a <<OOOO cti❑❑ OD Y ` Wcri C N r C5 W CD E E/C as V o. c >1 CcS C U• QU) O d) a I 0 a) cn ) a r t ca -7 "s,\ ve\ zsmr-, b :2„. •.3 -7(27 T_ • �_:a ra .rt_-_OINB:0.. ,n • r rsG?x: • C) 9402 6749 1074 1344 LO C i 5 Er nJ Er r� ru In ru Domestic Return Receipt -3 CI; L n) r�l rR nJ ED ED ED a N U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here y E Street apd�Aptj No. Jr PO B a fl PS Form 3800, April. 2015 PSN 7530-02-000-9047 See Reverse for Instructions tate, ZIP+ 810ift-{_, "1 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: s �� O3netjctacc4 (tar -- net b frei (er Ma- uofrett Gif letti, -61 511 111111111111111111 fl 11111111111 9590 9402 6749 1074 1344 20 2. Article Number (Transfer from service label) 2022 0Li1 J 0 E 0 3 237'4 1936 1'1OO i / U I -1 COMPLETE THIS SECTION ON DELIVERY A. Signature D Agent O Addressee ed by (Printed AIL' :4;7 6179 ( D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No 3, Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery j 'Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Mail Mail Restricted Delivery OO) ---� G. Date of Delivery ❑ Priority Mail Express® O Registered MaiITM ❑ Registered Mail Restricted Delivery O Signature Confirmation71'4 ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt • WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:34 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 130715100029 Date Account Parcel Owner Mailing Address R5134886 130710000006 VAN PORTFLIET SANDRA LEA 2501 DENVER, KRAMERIA CO 802073436 ST R0100787 130710000015 COOK JAMES E R0100787 130710000015 COOK DENNIS L 10571 FORT COUNTY LUPTON, ROAD CO 806219409 37 R2894604 130710300018 POLSON TARA JOANN R2894604 130710300018 POLSON MARK JOSEPH 21469 HUDSON, COUNTY CO ROAD 22 806429516 R8971209 130710400019 NORD SHERESE A 21957 HUDSON, COUNTY CO ROAD 22 806429516 R8971210 130710400020 VOEGTLIN RUSSELL 21953 HUDSON, COUNTY CO ROAD 22 806429516 R0027293 130711000022 WHISTANCE RHONDA N DA L R0027293 130711000022 WHISTANCE MICHAEL S 22023 HUDSON, COUNTY CO 806429525 ROAD 22 Parcels: 24 Owner Records: 38 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:34 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 130715100029 fittdiflt c 1. tt. Loic '1 2 7_ Signature Date Account Parcel Owner Mailing Address R5138386 130714000002 WEICHEL GRADY P R5138386 130714000002 WEICHEL GORDON P C/O 22626 HUDSON, GORDON COUNTY CO WEICHEL ROAD 22 806429515 R5138986 130714000023 CRUZ GINA MAE 22010 HUDSON, COUNTY CO ROAD 22 806429515 R5139286 130714000028 CRUZ GINA MAE 22010 HUDSON, COUNTY CO ROAD 22 806429515 R1822502 130714200038 GREENLEAF ACRES LLC C/O 23670 HUDSON, BARRY COUNTY CO FEHR ROAD 22 806429513 R4465306 130714300005 WEICHEL GORDON P C/O 22626 HUDSON, GORDON COUNTY CO WEICHEL ROAD 22 806429515 R4465406 130714300006 WEICHEL GRADY R4465406 130714300006 WEICHEL GORDON JR 22626 HUDSON, COUNTY CO 806429515 ROAD 22 R4465606 130714300008 WEICHEL GRADY P Parcels: 24 Owner Records: 38 Page 2of6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:34 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Oil 7s) 2 z Date Property Owners Within 500 Feet of Parcel # 130715100029 Account Parcel Owner Mailing Address R4465606 130714300008 WEICHEL GORDON P JR 22626 HUDSON, COUNTY CO ROAD 22 806429515 R5139786 130715000012 KRETZER NICHOLS PAMELA M5139886 130715000012 NICHOLS JOYCE R5139786 130715000012 NICHOLS JOYCE M1023896 130715000012 NICHOLS PAMELA J M1023896 130715000012 KRETZER JAYME S 21480 HUDSON, COUNTY CO ROAD 22 806429517 M5139886 130715000012 NICHOLS MYLES 21500 HUDSON, COUNTY CO ROAD 22 806429517 R5139786 130715000012 NICHOLS MYLES 21500 HUDSON, COUNTY CO 806429517 ROAD 22 R5140486 130715000023 WAREHIME I M E TARA D 21986 HUDSON, COUNTY CO ROAD 22 806429517 Parcels: 24 Owner Records: 38 Page 3of6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:34 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 130715100029 Signature 7,6 Date Account Parcel Owner Mailing Address R8449300 130715000026 ENDERS LAND COMPANY LLC 16435 FORT COUNTY LUPTON, ROAD CO 806219121 18 R8449500 130715000027 RICKS FARMS LLC 14551 BRIGHTON, E 132ND CO AVE 806016937 R1084102 130715100028 LoF A DEGNEGAARD KIM TRUST R1084102 130715100028 A DEGNEGAARD ROBERT TRUST 21962 HUDSON, COUNTY CO ROAD 22 806429517 R1084202 130715100029 .c t GREENLEAF ACRES LLC C/O 23670 HUDSON, BARRY COUNTY CO FEHR 806429513 ROAD 22 3 R1084302 130715100030 METZGER JOANNA R1084302 130715100030 METZGER DAVID A 6890 CENTENNIAL, S SPRUCE ST CO 801121249 R8961788 130715200031 PATTERSON AMY SUE R8961788 130715200031 PATTERSON EDDIE WAYNE 21442 HUDSON, COUNTY CO 806429517 ROAD 22 Parcels: 24 Owner Records: 38 Page 4of6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:35 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature 1176 1 zz Date Property Owners Within 500 Feet of Parcel # 130715100029 Account Parcel Owner Mailing Address R8961789 130715200032 THOMASON SHEILA RAE R8961789 130715200032 LEONARD FRANKLIN PO HEALY, BOX 187 KS 678500187 THOMASON Parcels: 24 Owner Records: 38 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/25/2022 11:23:35 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 130715100029 Parcels: 24 Owner Records: 38 � �4 . iVV (L `i I z 6 jz sz Signature Date Page 6of6 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE; DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: RE -29°0 S 15 T 2N R 65tH ❑Complete Vacation (must Indude all lots)DPartial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number B 130715100029 Acreage Affected Easements 152 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Greenleaf Acres, LLC Company: Phone #: 515.320-2185 Email: greenleafacres@hotmail.com Street Address: 23670 CR 22 City/State/Zip Code: Hudson, CO 80642-9513 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Patrick M. Groom Company: Wtwer, Oldenburg, Barry & Groom, LLP Phone #: 970-352-3161 Email: pgroom@wobjlaw.com Street Address: 822 7th SL, Ste. 760 City/State/Zip Code: Greeley, CO 80631 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. Slgnalur : Owner or Authorized Agent Print: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent 7/20/2021 1 NE COIL SEC 16 17N.RSMQ111 Px � $DYJSMt.1V wrB n/a caN sEc 1s E1/4 COB. SEC IS VICINITY MAP SCAM 1'-7000' RECORDED EXEMPTION NO. RE 1307-15-1-RE2900 wRl:Zf�fr4Wipt WcoR�aC® -,� IN®M, ,.awn a .~irc`�lw Y��p -` w ....‘"•••••••' • • M.....v .�ro� n▪ <`..l",w`�ro :ant• F:a.1 417 o��r.,t.,,i aw a •,e1oo oan,r a ac�x wn .rmucx .a,o. M4 .r anm n.l r.r.. ron7.▪ . ao aa.n o,ol r,oa -.a. aa.oai a:acw.�o`.ac saa ,a., ` .o �w ..a,.u:w , b FL — I' „^-1R C IL FS". 1M.1 r 4, �w i�O�I,O�n �r Ci ate,..[ to pri�.M[Afar}li •alp Q f�ial I�GWn - {Y,la .un SCALE : 1' - 100• i T=1 ' omirini ria'ui oou a"a�.l�a'�ra' m11pYmin n ua warms rc ..11.11n41 mm oo xom Sul ,nn rrw ru, w�v iwia ,awxwc ,mo Rl -_ ann��.s�`a,1pwi, an�`.,mm s:m warn. a.w�m u,omr Dios ia'iim�womMO10�..i`�lowwws a�cw wav:wvo ana e••`nsK .w.. <.n� aaomp om ac ,o, a.am . ,w w .< naK emrm wrwon, w �opr >.o.< _ m ..oa .wiry i�c m"uc'�w osa am n aal. mm.. ws .o vas n W. wao , ds°. i i.>a.m mri r.,waay.a wcna as RECORDED EXEMPTION NO. RE 1307-15-1—RE2900 D,e[el, Bartell R Co. ..�...,,..�. C111fILNf'4BOC DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM GreenLeaf Acres, LLC, a Colorado limited liability company, hereby gives permission to Patrick M. Groom and Witwer, Oldenburg, Barry & Groom, LLP to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at (address or parcel number) below: SEE EXHIBIT A Legal Description: of Section , Township N, Range W Subdivision Name: Lot Block Property Owners Information: Address: 23670 CR 22, Hudson, CO 80642 Phone: 515-320-2185 E-mail: oreenleafacres@hotmail.com Authorized Agent/Applicant Contact Information: Address: 822 7'" St., St. 760, Greeley, CO 80631 Phone: 970-313-4776 E -Mail: pgroom@wobilaw.com Correspondence to be sent to: Owner X Authorized Agent/Applicant X by: Mail Email X Additional Info: Owner Signature: Date: L4' c% 2o22._ Owner Signature: Date: EXHIBIT A PARCELS 1. 130713100004; 2. 130713100003 and 130713100004; 3. 130715100029; and 4. 130712300014, 130712300016 and 130712300017 Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. -Filed Colorado Secretary of State Date and Time: 08/19/2011 10:43 AM ID Number: 20111469832 $50.00 Document number: 20111469832 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is GreenLeaf Acres, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd. liability co.", "limited", "1.1.c.", "Ito", or "ltd.". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 4716 545th Ave. (Street number and name) West Bend IA 50597 (City) tate) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) OR (if an entity) Corporation Service Company (Last) (Caution: Do not provide both an individual and an entity name.) 1560 Broadway, Ste. 2090 Street address ARTORG_LLC (First) (Middle) (Suffix) (Street number and name) Denver (City) co 80202 (State) (ZIP Code) Page I of 3 Rev. 02/28/2008 Man address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box.) ILI The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person fanning the limited liability company are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 4716 545th Ave. Fehr (Last) Barry (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) West Bend IA 50597 (City) (Stae) HZ Code) United States (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box) ✓0 one or more managers. OR ❑ the members. 6. (The following statement is adopted by marking the box) ✓❑ There is at least one member of the limited liability company. 7. (tfthe following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (if the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) ARTORG_LLC Page 2 of 3 Rev. 02/28/2008 Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Groom (Last) 822 7th St., Ste. 760 Patrick (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Greeley (City) CO 80634 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 02/28/2008 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 1 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder By SPECIAL WARRANTY DEED THIS DEED, made this,, day of November, 2011, between PERKINS LAND & LIVESTOCK II, LLC, a Colorado limited liability company, the "Grantor," and GREENLE.AF ACRES, LLC, a Colorado limited liability company, the "Grantee," whose legal address is 4716 5456 Ave., West Bend, IA 50597. WITNESS, that the Grantor, for and in consideration of the sum of Two Million Four Hundred Thousand Dollars & 00/100, (S2.400.000.00), and other good and valuable consideration, 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 Grantee, and Grantee's heirs, successors, and assigns forever, all the real property, together with any improvements thereon, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT A Also known by street and number as : VACANT LAND. 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 Grantor, either in law or equity, of, m and to the above bargained premises, with the hereditamcnts and appurtenances. And including all water and water rights, whether decreed or =decreed, tributary, nontributary, or "trot nontributary," surface or underground, all ditchs and ditch rights, wells and well rights, water shares and stock in any ditch and reservoir companies, contracts and agreements, including any water delivery and water allotment and water use contracts, lateral and lateral rights, well and well rights, well permits, spring or spring rights, reservoir and reservoir rights, that are appurtenant to or historically used on or in connection with the real estate described in Exhibit A (whether or not of record, and specifically including prescriptive and other rights by possession and use, used on said real estate) and all of Grantor's rights and interests under applicable state or federal law to all water, and to use or consent to use all water, contained in or available from any part of the water -bearing formations underlying the real estate, including but not limited to those well and water rights described on EXHIBIT B, attached hereto. TO HAVE AND TO HOLD the said premises above bargained and descnbed,. with the appurtenances, unto the Grantee and the Grantee's heirs, successors and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises in the quiet and peaceable possession of the Grantee aad the Grantee's hens, successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, tltrongh or under the Grantor except and subject to taxes for the current year, a lien not yet due and payable, and thou exceptions identified on EXHIBIT C, attached hereto. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. PERKINS LAND & LIVESTOCK II, LLC, a Co o limited liability company P. Dail& Perkins, Manager STATE OF COLORADO ) ss. County of Weld The foregoing instrument was acknowledged before me this 1, nth day of November, 2011, by: P. David Perkins, Manager of Pei=kins Land 6 Livestock II, LLC, a Colorado limited liability company Witness my hand and official seal. My commission expires: lo' Dao Ily : ��pa....P�®,lt, -- 1 i lis Y � Notary Public µr Ceexas eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 2 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder EXHIBIT A PARCEL A: A PARCEL OF LAND BEING A PART OF THE SOUTH HALF OF SECTION 1, ALL OF SECTION 2, A PART OF THE EAST HALF OF SECTION 11, AND PART OF THE NORTH HALF AND SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 2 AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER SAID SECTION 2 TO BEAR NORTH 02°07'56" WEST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 89°48'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 2677.84 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 00°02'04" WEST, ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 2647.61 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 00°25'50" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 2480.19 FEET TO THE NORTHWEST CORNER SAID SECTION 2; THENCE SOUTH 89°03'34" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 2537.82 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 89°49'07" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2610.24 FEET TO THE NORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTH 02°07'44" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2446.69 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 02°07'56" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2616.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 12; THENCE SOUTH 88°23'24" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 2212.35 FEET; THENCE NORTH 74°29'42" EAST ALONG A COURSE IN THE SOUTH HALF OF SAID SECTION 1, A DISTANCE OF 391.46 FEET; THENCE NORTH 89°39'42" EAST, 228.39 FEET; eRecorded in Weld County, CO Doc Id: 3805831 1 1/16/201 1 09:27 A Page: 3 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder THENCE SOUTH 00°21'03" EAST, A DISTANCE OF 123.02 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE CONTINUING SOUTH 00°21'03" EAST, A DISTANCE OF 1453.13 FEET; THENCE SOUTH 30°32'58" EAST, A DISTANCE OF 1320.85 FEET; THENCE SOUTH 87°00'20" EAST, A DISTANCE OF 1636.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE SOUTH 00°30'29" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49, A DISTANCE OF 1.06 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE NORTH 89°01'10" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 2552.57 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 88°59'39" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2046.34 FEET TO A POINT BEING 536.79 FEET, BY PERPENDICULAR MEASUREMENT, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 00°03'07" WEST, PARALLEL AND 536.79 FEET EASTERLY OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 2631.61 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE NORTH 89°36'47" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 175.86 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 892, RECEPTION NO. 1814338 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING THREE (3) COURSES: 1) NORTH 00°23'13" EAST, A DISTANCE OF 360.00 FEET; 2) NORTH 89°36'47" WEST, A DISTANCE OF 360.00 FEET; 3) SOUTH 00°23'13" WEST, A DISTANCE OF 360.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE NORTH 89°36'47" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 0.94 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 11, SAID POINT ALSO BEING A POINT ON THE EASTERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1357-I I-4-AMRE-586 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307-11- 4-AMRE-586, THE FOLLOWING THREE (3) COURSES: 2 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 4 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 1) NORTH 00°03'07" EAST, A DISTANCE OF 260.00 FEET; 2) NORTH 89°52'39" WEST, A DISTANCE OF 300.00 FEET; 3) SOUTH 00°03'07" WEST, A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 22; THENCE NORTH 89°52'39" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22, A DISTANCE OF 2362.46 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 00°07'19" WEST, ALONG SAID WEST LINE, A DISTANCE OF 2629.89 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 00°07'10" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 2660.27 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM LOT A, CORRECTED RECORDED EXEMPTION NO. 1307-11- 4-RE2897, RECORDED APRIL 13, 2004 AT RECEPTION NUMBER 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6Th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING THAT SAME PARCEL OF LAND CONVEYED TO CLAUDE W. MARTIN AND CHRISTINE D. MARTIN BY BARGAIN AND SALE DEED RECORDED NNE 2, 2011 AT RECEPTION NUMBER 3771787. PARCEL B: A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 14 AND THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 15, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO BEAR NORTH 02°07'56" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 00°31'05" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 2625.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE NORTH 89°38'18" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 1906.02 FEET TO A POINT ON THE BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307 -15 -1 -RE -2900 OF THE WELD COUNTY RECORDS; eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 0927 A Page: 5 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder THENCE ALONG THE BOUNDARY OF SAID LOT A, RECORDED EXEMPTION NO. 1307-15-1-RE2900 THE FOLLOWING THREE COURSES: 1) SOUTH 55°02'18" EAST, A DISTANCE OF 693.65 FEET; 2) NORTH 00°14'46" WEST, A DISTANCE OF 72.06 FEET; 3) NORTH 89°38'18" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF LOT A RECORDED AT BOOK 995, RECEPTION NO. 1926403 OF THE WELD COUNTY RECORDS; THENCE SOUTH 00°14'46" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15 AND ALONG SAID PARCEL A, A DISTANCE OF 342.40 FEET; THENCE ALONG SAID BOUNDARY OF PARCEL A RECORDED AT BOOK 995, RECEPTION NO. 1926403 THE FOLLOWING THREE COURSES: 1) NORTH 89°45'12" EAST, A DISTANCE OF 147.00 FEET; 2) NORTH 00°14'46" WEST, A DISTANCE OF 221.13 FEET; 3) NORTH 44°56'06" EAST, A DISTANCE OF 633.47 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING TWO (2) COURSES: 1) SOUTH 89°53'06" EAST, PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 734.65 FEET; 2) SOUTH 89°52'34" EAST, PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 554.16 FEET TO A POINT WESTERLY BOUNDARY OF PARCEL B RECORDED AT BOOK 995, RECEPTION NO. 1926403 OF THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL B, THE FOLLOWING THREE COURSES: 1) SOUTH 55°42'52" EAST, A DISTANCE OF 427.41 FEET; 2) SOUTH 00°20'11" EAST, A DISTANCE OF 30.00 FEET; 3) SOUTH 45°02'37" EAST, A DISTANCE OF 604.58 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE SOUTH 00°20'03" EAST, ALONG SAID EAST LINE A DISTANCE OF 599.27 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 89°54'02" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14, A DISTANCE OF 2664.25 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14; eRecorded in Weld County, CO Doc Id: 3805831 1 1/16/201 1 09:27 A Page: 6 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder THENCE SOUTH 00°14'46" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 1326.20 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89°35'05" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 2660.20 FEET TO THE POINT OF BEGINNING. PARCEL C: A PARCEL OF LAND BEING A PART OF THE NORTH HALF OF SAID SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO BEAR NORTH 02°07'56" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 00°08'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 2619.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES: 1) SOUTH 89°36'47" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DSITANCE OF 2595.70 FEET; 2) SOUTH 89°36'40" EAST, PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 1297.47 FEET; 3) SOUTH 89°37'04" EAST, PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 1267.82 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE SOUTH 00°33'56" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 2595.92 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89°49'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 2573.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89°55'19" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 2606.57 FEET TO THE POINT OF BEGINNING. eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 7 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder EXHIBIT B All of Grantor's right to withdraw and use well and well rights associated with Well Permit Nos. 4901F, 10671F, 1305R, 2380F, 154774, 2281F, 92265, 6391R, 2044F, 6611F, 3150F, 11038R, 11038RR 241545, 4534R, 34217R, 224-WCB, and 40904F, including, but not limited to: (1) the water rights described in the Revised Findings of Fact, Conclusions of law, Ruling of the Referee and Decree of the Water Court entered in Case No. 91CW 120 (W-1997) by the District Court in and for Water Division No. 1 on August 7, 1992; (2) Findings and Ruling of the Referee and Decree of the Water Court entered in Case No. W-672 by the District Court in and for Water Division No. 1 on April 20, 1972; (3) Findings and Ruling of the Referee and Decree of the Water Court entered in Case No. W-2057 by the District Court in and for Water Division No. 1 on January 3, 1973; (4) Findings and Ruling of the Referee and Decree of the Water Court entered in Case No. W-1998 by the District Court in and for Water Division No. 1 on August 15; 1974, and (5) the Petition for Class D Irrigation Water Allotment Contract No. 487 with the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, recorded on November 2, 2005 at the office of the Weld County Clerk and Recorder at Reception No. 333694.6. Together with all of Grantor's right to withdraw up to five (5) acre feet of water per year from the non -tributary Laramie -Fox Rills Aquifer underlying the Property as such water was adjudicated in the Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court entered on December 29, 2006, and amended on September 29, 2009, in case No. 2006CW61, and recorded on April 15, 2010 at Reception No. 3687002; Together with all of Grantor's rights and interests under the Water Right Allocation and Well Sharing Agreement with HP Farms LLC, dated August 18, 2010, and recorded in the Weld County Property Records on August 24, 2010, at Reception No. 3713522; And together with all appurtenances to such Water Rights, including but not limited to, easements, rights of way, structures, ditches, pipelines, headgates, storage structures, motors and pumping equipment, siphons, measuring devices, and all other facilities, equipment and fixtures, whether decreed or undecreed, necessary for, incidental to or historically used in connection with the exercise of the foregoing Water Rights. This Deed shall also constitute an assignment to Grantee of all interest in the above referenced well permits, decrees and contracts. eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 8 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder EXHIBIT C 1. Easement and Right of way of the Klug Ditch No. 3 and Neres Canal as shown in the map at Reception Number 12649. (affects Sections 1, 11 and 12) Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, as set forth in a document: Recording Date: October 14, 1889 Recording No: Book 86, page 273 3. Reservations contained in the Patent from The United States of America recorded May 17, 1898 in Book 51 et Page 378 which provides substantially as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, es provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. (affects NW % Section 14) 4. Reservations contained in the Patent from The United States of America recorded February 24, 19114 in Book 132 at Page 127 which provides substantially as follows: Subject to any vested and accrued water rights for mining, agricultural, eanufacturtng or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. (affects SW % Section 12) 5. Reservations contained in the Patent from The United States of America recorded June 16, 1904 in Book 132 at Page 133 (Copy not available) which provides substantially as follows: Subject to any vested and accrued water rights for mining, agricuhural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and ackmowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by taw; and .the reservation from the lands hereby granted of a tight of way thereon for ditches or canals constructed by the authority of the United States. (affects Section 12) 6. Reservations contained in the Patent from The United States of America recorded February 1, 1909 in Book 132 at Page 232 (Copy not available) which provides substantially as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes end rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 9 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. (effects Section 12) 7. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad Company, recorded March 18, 1897 in Book 153 et Page 40. 8. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad Company, recorded July 9, 1902 in Book 201 at Page 71. 9. Reservations by the Union Pacific Railroad Company of (1) oil, coal and other minerals underlying the Land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed as set forth below, and any and all assignments thereof or interests therein: Recording Date: August 8, 1903 Recording No.: Book 208 at Page 142 (affects Section 13) 10. Reservations by the Union Pacific Railroad Company of (1) oil, coal and other minerals underlying the Land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed as set forth below, and any and all assignments thereof or interests therein: Recording Date: October 2, 1908 Recording No.: Book 233 at Page 174. (affects Sections 11 and 15) 11. Reservations in deeds from Chicago Title and Trust Company recorded January 16, 1920 in Book 559 at Page 171 and recorded August 17, 1932 in Book 936 at Page 124 (affects E'/z Section 11 and S %a Section 1) 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Crranted to: Purpose: Recording Date: Recording No: Public Service Company of Colorado Transmission lines and incidental purposes February 1, 1963 Book 1637 at Page 197 (affects N150 feet Section 11) 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Public Service Company of Colorado Transmission lines and incidental purposes February 28, 1963 Book 1639 et Paste 426 (affects NW '/. Section 12) 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 2 Granted to: Purpose: Recording Date: Recording No: eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 10 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder Public Service Company of Colorado Transmission lines and incidental purposes March 21, 1963 Book 1641 at Page 519 (affects Section 12) 15. Covenant regarding flooding and wastewater as contained in Deed recorded June 10, 1964 at Reception Number 1438220. (affects Section 12) 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Larry L. Peterson and Louree M. Peterson Purpose: Roadway for ingress and egress and incidental purposes Recording Date: April 11, 1969 Recording No: Reception Number 1529920. (affects Sections 14 and 15) 17. Easements) for the purpose(s) shown below arid rights incidental thereto as reserved in a document; Reserved by: Purpose: Recording Date: Recording No: Darrell D. Nichols and Betty J. Nichols Roadway April 11, 1969 Reception Number 1529922. (affects Section 15) 18. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: January 26, 1970 Recording No: Reception Number 1541882. (affects SW % Section 2) 19. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: January 26, 1970 Recording No: Reception Number 1541883. (affects E %z Section 2) 20. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: January 26, 1970 Reception Number 1541884. (affects NW % Section 2) 3 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 11 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 21. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: April 1, 1970 Recording No: Reception Number 1544670. (affects Section 14) 22. Undivided one-half interest in all oil, gas and other mineral rights granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted to: Recording Date: Recording No.: Edith H. Whiteside May 8, 1970 Reception Number 1546894. (affects NW 'A Section 2) 23. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, es set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 11, 1970 Recording No: Reception Number 1546985. (affects SE V. NW V. Section 12) 24. An oil and gas lease for the fete therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: May 11, 1970 Reception Number 1546986. (affects SW V. Section 12) 25. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, es set forth therein, and any and all assignments thereof or interests therein. Recording Date: December 21, 1970 Recording No: Reception Number 1559258. (affects SE Section II) 26. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: February 8, 1971 Reception Number 156189Q. (affects NE %. Section 15) 27. An oil and gas lease for the tern therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: April 20, 1971 Recording No: Reception Number 1566112. (affects SW V. and NW '/. Section 12) eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 12 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 28. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 3, 1971 Recording No: Reception Number 1566806. (affects Section 12) 29. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: February 24, 1972 Reception Number 1584334. (affects Section 12) 30. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: • Granted to: Purpose: Recording Date: Recording No: Panhandle Eastern Pipe Line Company Pipe lines June 5, 1972 Reception Number 1590919. (affects Section Ill Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Panhandle Eastern Pipe Line Company Pipe lines June 5, 1972 Reception Number 1590920. (affects Section 2) 32. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 24, 1972 Recording No: Reception Number 1590167. (affects Section 14) 33. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Panhandle Eastern Pipe Line Company Purpose: Pipe lines Recording Date: June 8, 1973 Recording No: Reception Number 1614958. (affects NW '/. Section 12) 34. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Panhandle Eastern Pipe Line Company Pipe lines June 8, 1973 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 13 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder Recording No: Reception Number 1614959. (affects SE' 'A Section 12) 35. Undivided full interest in all oil, gas and associated liquid hydrocarbons granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted to: Recording Date: Recording No.: Champlin Petroleum Company May 2, 1974• Reception Number 1635744. (affects NE''/ Section 11) 36. Terms, conditions, provisions, agreements and obligations contained in the Surface Owner's Agreement as set forth below: Recording Date: July l 1, 1974 Recording No.: Reception Number 1640399. (affects NE 'A Section 13) 37. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: September 23, 1975 Recording No: Reception Number 1670573. (affects Section 14) 38. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: April 27, 1977 Recording No: Reception Number 1717507. (affects Section 14) 39. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignmxnts thereof or interests therein. Recording Date: August 4, 1977 Recording No: Reception Number 1726485. (affects Section 14) 40. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: October 3, 1978 Recording No: Reception Number 1768490. (affects Section 12) 41. Terms, conditions, provisions, agreements and obligations contained in the Surface Owner's Agreement as set forth below: Recording Date: January 18, 1980 Recording No.: Reception Number 1814673. (affects NW 'A Section 13) 6 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 14 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 42. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Public Service Company of Colorado Purpose: Electric transmission and communication signals and incidental p Recording Date: December 10, 1980 Recording No: Reception Number 1843834. (affects NE 'A Section 13) 43. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Colorado Water Conservancy District Purpose: Conveyance of water and incidental purposes Recording Date: December 29, 1980 Recording No: Reception Number 1845347 and Reception Number 1843349 (affects N % Section 13) 44. Terms, conditions, provisions, agreements and obligations contained in the Resolution approving Subdivision Exemption No. 151 as set forth below: Recording Date: March 2, 1982 Recording No.: Reception Number 1884437. (affects Section 15) 45. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Fred Brewer and Ethel Irene Brewer Recording Date: May 16, 1983 Recording No.: Reception Number 1927014. (affects Section 14) 46. Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements arc general and do not necessarily give notice of underground facilities within the Land: Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 at Reception No. 2058722. United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991, in Book 1288 at Reception No, 223929!1. (affect all sections) 47. Tetras, conditions, provisions, agreements and obligations contained in the Surface Owner's Agreement as set forth below: Recording Date: September 6, 1989 Recording No.: Reception Number 2190974. (affects Section 11) 48. Undivided full present interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: Helen H. Hoelscher June 16, 1993 feception Number 233729$. (affects NE % Section 13) eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 15 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 49. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Swanson & Morris, LLC Purpose: Two pipe lines and incidental purposes Recording Date: November 23, 1994 Recording No: Reception Number 2416546 (affects Section 11) 50. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in e document. Granted to: Swanson & Monis, LLC Purpose: Two pipe lines and incidental purposes Recording Date: November 23, 1994 and re-recorded June 22, 1995 Recording No: Reception Number 2416548 and re-recorded Reception Number 2443539 (affects Section 2) 51. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Snyder Oil Corporation Purpose: Surface facility and incidental purposes Recording Date: September 18, 1995 Recording No: Reception Number 2456062. (affects SW % SE % Section 2) 52. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Snyder Oil Corporation Access and incidental purposes September 18, 1995 Reception Number 2456063. (affects SW '/. & SE % Section 2) 53. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Snyder Oil Corporation surface facility and incidental purposes September 18, 1995 Recension Number 2456064. (affects SW % & SE '/ Section 2) 54. All matters shown on the snap of Recorded Exemption No. 1307-12-4-RE1923 recorded December 17, 1996 at Reception Number 2525400. (affects SW ''I Section 12) SS. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: Richard E. Harlan and Charlotte Louise Harkin January 22, 1998 Reception Number 2590444. (affects SW % Section 12) eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 16 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 56. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Richard E. Hands and Charlotte Louise Harkis Recording Date: February 9, 1998 Recording No.: Reception Number 2593368. (affects SW Y. Section 12) 57. An oil and gas lease for the teen therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 22, 1998 Recording No: Retention Number 2614703. (affects NE'/. Section 15) 58. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 22, 1998 Recording No: Reception Number 2614704. (affects NE'/. Section 13) 59. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assigmnents thereof or interests therein. Recording Date: May 22, 1998 Recording No: Reception Number 2614705. (affects NE'/. Section 11) 60. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Richard E. Harkis and Charlotte Louise Harkis Recording Date: January 14, 1999 Recording No.: Reception Number 2666991. (affects SW Y. Section 12) 61. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: • Reserved by: Recording Date: Recording No.: Richard E. Harkis and Charlotte L. Harkis March 3, 1999 and July 14, 2003 Reception Number 2677396 and Reception Number 3083184. (affects Sections 1, 2, 12 and 13) 62. The effect of the Public Service of Colorado map recorded September 8, 1999 at Reception Number 2719192. (affects Sections 1, 2, 11 and 12) 63. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Resource Gathering Systems 9 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 17 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder Purpose: One Pipe line and incidental purposes Recording Date: September 16, 1999 Recording No: Reception Number 2721007. (affects E'/ SE'/. Section 12 and E 1/2 NE '/. Section 13) 64. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Public Service Company of Colorado Purpose: Transmission, distribution or both of electricity and transmission of communication signals and incidental purposes Recording Date: January 20, 200O Recording No: Reception Number 2745475. (affects S % Sections 1 and 2) 65. All matters shown on the map of Recorded Exemption No. 1307-15-1-RE2900 recorded November 21, 2001 at Reception Number 2885252. (affects NE V. Section 15) 66. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: HS Resources, Inc. Access and incidental purposes February 26, 2001 Reception Number 2827961. (affects Section 15) 67. Requests for Notification of Surface Development recorded May 28, 2002 at Reception Number 2955297, Reception Number 2955298, Reception Number 2955299, and 2955300. (affects Sections 1, 11, 13 and 15) 68. All matters shown on the map of Recorded Exemption No. 1307 -14 -2 -RE -2901, recorded July 17, 2002 at Reception Number 2969737. (affects Section 14) 69. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below: Recording Date: August 30, 2002 Recording No.: Reception Number 2984106. (affects NE'/. SE V. Section 2) 70. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below; Recording Date: September 25, 2002 Recording No.: Reception Number 2990431. (affects SW '/. NE '/. Section 2) 71. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below: Recording Date: Recording No.: September 25, 2002 Reception Number 2990432. (affects NE V. SW V. Section 2) 10 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 18 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder 72. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to: Purpose: Recording Date: Recording No: Kerr-McGee Rocky Mountain Corporation Access and incidental purposes October 28, 2002 Reception Number 2999974. (affects W Y. Section 12) 73. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Ken -McGee Rocky Mountain Corporation Access and incidental purposes October 28, 2002 Reception Number 2999975. (affects Section 15) 74. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below: Recording Date: November 18, 2002 Recording No.: Reception Number 3006505. (affects NW Y. NW Y. Section 2) 75. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below: Recording Date: June 4, 2003 ' Recording No.: )reception Number 3069198. (affects SW Y. SE'/. Section 2) 76. Terms, conditions, provisions, agreements and obligations contained in the Surface Damage Agreement as set forth below: Recording Date: Recording No.: November 17, 2003 Reception Number 3127064. (affects NW Y. SW Y. Section 2) 77. All matters shown on the map of Corrected Recorded Exemption No. 1307-11-4- RE2897, recorded April 13, 2004 at Reception Number 3170175. (affects SE Y. Section 78. All matters shown on the map of Connoted and Amended Recorded Exemption No. 1307-11-4-AMRE-586, amendment and correction recorded September 21, 2001 at Reception Number 2885254 and Correction recorded April 13, 2004 at Retention Number 3170174. (affects Section 11) 79. Terms, conditions, provisions, agreements and obligations contained in the Special Warranty Deed (Water Rights) as set forth below: Recording Date: April 25, 2005 Recording No.: Reception Number 3280275. (affects all sections) 80. Terms, conditions, provisions, agreements and obligations contained in the Special Warranty Deed (Minerals - HP) as set forth below: eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 19 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder Recording Date: Apri 125, 2005 Recording No.: Reception Number 3280276. (affects all sections) 81. My taxes or assessments by reason of the inclusion of the Land in the Pioneer Metropolitan District No. 5 or Pioneer Metropolitan District No. 6 based on instruments recorded August 29, 2006 at Reception Number 3415404 and at Reception Number 3415405. 82. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easements and Licenses as set forth below: Recording Date: December 15, 2006 Recording No.: Reception Number 3442281. (affects SW Y. Section 2) 83. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Colorado Interstate Gas Company Purpose: Pipeline Recording Date: October 9, 2007 Recording No: Reception Number 3509812. (affects Sections 1, 12 and 13) 84. Terms, conditions, provisions, agreements and obligations contained in the Resolution to create the Weld County Pioneer Community Law Enforcement Authority as set forth below: Recording Date: October 29, 2007 Recording No.: Reception Number 3513977. (affects all sections) 85. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Kerr-McGee Gathering LLC Purpose: Pipeline Recording Date: March 10, 2009 Recording No: Retention Number 3609949 (affects SW 'V. Section 12) 86. Terms, conditions, provisions, agreements and obligations contained in the Surface Use Agreement as set forth below: Recording Date: March 27, 2009 Recording No.: Retention Number 3612981. (affects all sections) 87. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Kerr-McGee Gathering, LLC Pipeline 12 eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 20 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder Recording Date: September 18, 2009 Recording No: Reception Number 3649547. (affects SW 'A Section 12) 88. Undivided full interest in all oil, gas and other mineral rights granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted to: Front Range Resources, LLC Recording Date: December 30, 2009 Recording No.: Reception Number 3667885. 89. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Kerr-McGee Gathering LLC Purpose: Pipeline Recording Date: April 12, 2010 Recording No: Reception Number 3686341. 90. Terms, conditions, provisions, agreements and obligations contained in the Water Right Allocation and Well Sharing Agreement as set forth below: Recording Date: August 24, 2010 Recording No.: Reception Number 3713522 and re-recorded October 18, 2010 at Reception Number 3725907. (affects Sections 1, 2 and 12) 91. Undivided all of Grantor's interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: Front Range Resources, LLC August 26, 2010 Reception Number 3714464. (affects all sections) 92. Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set forth below: Recording Date: August 26, 2010 Recording No.: Reception Number 3714466 (said document does not contain a legal description) 93. Terms, conditions, provisions, agreements and obligations contained in the Short Forte of Option as set forth below: Recording Date: August 26, 2010 Recording No.: Reception Number 3714467. (affects Section 13) Note: This exception will be deleted upon fulfillment of Requirement H of Schedule B, Section 1 hereof. 94. Terms, conditions, provisions, agreements and obligations contained in the Order for Exclusion as set forth below: 13 Recording Date: Recording No.: eRecorded in Weld County, CO Doc Id: 3805831 11/16/2011 09:27 A Page: 21 of 21 Total Fee: $351.00 Steve Moreno, Clerk and Recorder October 12, 2010 Reception Number 3724678 and Reception Number 3724679. 14 COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED RDE EXEMPTION ADMINISTRATIVE REVIEW Applicant: Connie O. Hands Trust RE -2900 Planner: SL ;1 Legal Description: Part of the NE4 Section 15, R05W of the 6TH P.M. Weld County, CO T2N, Parcel ID #: 1307 15 00,0©25 :. Lot C Size: N/A Lot B Size: 155+/- acres Lot A Size: 3+/- acres Water Source: ,Wells e•. •r... J.•i✓s. i'• r.. „il� _' J•. •N. iI.• ....A.•'ty Y. "C e- f.VY+-,.. . ,at:.Vd,' me..' .. ...,. .'1 Y.YYio •!ir .•. Sewer System: ...:.1'.' N.,•i'..•.'l J..•.V' rI Septic .. er, ••'r:w•.•eas-r--•..,i. 'fi� Yes X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2 Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. Consistent with efficient and orderly development. J. Compiles with Recorded Exemption standards in Section 24-8 80 of the Weld County Code. 6. Provides for adequate protection of the health, safety; and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The source of water for your lots is proposed to be a well. You should be aware that the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each situation is unique, we encourage you to contact the Office of the State Engineer. Division of Water Resources, to discuss your individual situation. They are located at 1313 Sherman Street, Room 818, Denver, Colorado 80203. Their phone number is 303-866-3581. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed building envelope located in the southeast corner and the alternate building envelope located in the southwest corner of Lot B. The building envelopes shall not be greater than five (5) acres nor include area currently irrigated by the pivot sprinkler. The building envelopes shall be delineated on the plat. B. The plat shall be titled: Recorded Exemption No. 1307-15-1 RE -2900 C. In accordance with Chapter 8, Article II of the Weld County Code, Lot A shall be granted one residential/agricultural access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F Weld County Road 22 is designated on the Weld County Transportation Plan Map as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of- way. A total of 40 feet from the centerline of Weld County Road 22 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 22. This road is maintained by Weld County. G. Lot A shall comply with the one (1) acre minimum lot size required by Section 24-8-80.E of the Weld County Code. H. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way One. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 5) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-10 of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit -a Mylar plat and a paper copy of the Mylar plat to the Weld County Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fee. 5. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By ,h1,11,„;cC /-., 1,1 Sheri Lockman + Planner II Date April 27, 2001
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