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Home My WebLink About20200485.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION, RECX19-0157 - KELLY BERNDT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX19-0157, was submitted by Kelly Berndt, 8585 Citation Dr., Wellington, Colorado 80549, for property which is located on the following described real estate, to-wit: Lot D of Recorded Exemption, RE-3857; being a part of the S1/2 S1/2 of Section 2, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into four (4) parcels, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into one (1) parcel estimated to be approximately 128.7 acres and three (3) parcels approximately five (5) acres each, and WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of Section 24-1-30 of the Weld County Code. 2. The Board feels this division would be inconsistent with efficient and orderly development. 3. It is the opinion of the Board that any further division of these lots will create additional accesses onto County Roads 96 or 30 and will increase the density of the existing linear subdivision. 4. The Board feels this proposal increases the need for more urban-type services in the area, such as water, sewer and emergency responders. BE IT FURTHER RESOLVED by the Board that the application of Kelly Berndt for Recorded Exemption, RECX19-0157, be, and hereby is, denied. cc'PLCGS/ rP), G-PPL 2020-0485 O31WorD.rD RECX19-0157 DENY RECX19-0157 — KELLY BERNDT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D., 2020 BOARD OF COUNTY COMMISSIONERS �,�,/ WELD COUNTY, COLORADO ATTEST: ditto.) . d.40%4. Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem Deputy Clerk to the Boar• ��'�'� VACANT APPRO AS < OR►i� = fit 361 �I co K. James :err- 1 ount orney arbara Kirkmeyer Date of signature: 0370/2.9 2020-0485 RECX19-0157 ,Lta DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION .GOJNTY ADMINISTRATIVE REVIEW PLANNER: Angela Snyder HEARING DATE: February 5, 2020 CASE NUMBER: RECX19-0157 APPLICANT: Kelly F. Berndt REQUEST: Four-Lot Recorded Exemption LEGAL DESCRIPTION: Lot D of Recorded Exemption RE-3857, being a part of the S2S2 of Section 2, T8N, R66W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0553-02-3-00-004 PARCEL SIZE: Total ± 143.7 acres ZONE DISTRICT: A (Agricultural) Proposed Lot A ± 5 acres Proposed Lot B ± 5 acres Proposed Lot C ± 5 acres Proposed Lot D ± 128.7 acres WATER SOURCE: Proposed Wells SEWER SOURCE: Proposed Septic Systems Description: The applicant is requesting a four-lot recorded exemption on a non-irrigated quarter section currently being used for dryland pasture. The applicant requested a shared access onto County Road 96. This is the second recorded exemption request on the property. The first was a four-lot recorded exemption, RE-3857, recorded November 23, 2004. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: Section 24-8-20 of the Weld County Code states: The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. While the applicant is creating four lots from one parent parcel for the purpose of single-family building sites, the lack of existing improvements and proposed layout imply that the exemption, if approved, will create a residential subdivision. Using the exemption process to create a subdivision evades normal subdivision requirements for health, safety and welfare. The unintended consequences associated with exemption development include but are not limited to access maintenance disputes, unclear and often inadequate water supply, potential inadequate fire protection and emergency services, and safety concerns from driveways accessing directly onto County roads. Furthermore, purchasers of residential exemption lots are often in conflict with the Right of Farm and the Right to Extract Mineral Resources granted in the A(Agricultural)Zone District; objecting to the impacts RECX19-0157 Page 1 of 6 2020-0485 CG/O5 RE,cx19-0157 of agricultural operations and oil and gas development and assuming they have purchased a home in a rural residential neighborhood . Section 24-8-40 .J of the Weld County Code states : The proposal is consistent with sound land use planning practices. The recorded exemption process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development. Section 24-8-40 .K of the Weld County code states : The proposal is consistent with the Statement of Purpose as expressed in Section 24- 1-30 of this Chapter. A. Assisting orderly and integrated development B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well planned subdivisions by establishing adequate standards for design and improvement. Circumventing a subdivision approval process diminishes opportunity► to evaluate the neighborhood and establish adequate standards for design and improvement. Other options do exist in the Weld County Code to create new parcels of land on this property without using the Recorded Exemption process . The Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create legal lots to be used for residential purposes , however those processes require a public water source . North Weld County Water District is the closest provider of public water and the district boundary is one point six ( 1 . 6) miles from the proposed exemption lots . Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached : 1 . Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new recorded exemption lots and associated recording fees . The deeds will be recorded in conjunction with the recorded exemption plat. B . The applicant shall address the concerns of the Public Works Referral dated December 30► , 2019 relating to the proposed access location (s). C . The applicant shall attempt to address the requirements of Weld County School District RE-9 per Section 24-8-40. K. 1 of the Weld County Code , as stated in the referral response dated December 16, 2019 . Evidence of such shall be submitted in writing to the Weld County Department of Planning Services . D . Lots A, B and C shall comply with the two and one-half (2 . 5) acre net minimum lot size required by Section 24-8-40. L of the Weld County Code . Net acreage calculations should not include future road right-of-way . E . Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8- 1 0. B of the Weld County Code . Net acreage calculations should not include future road right-of-way. F . Lot D shall comply with the one-hundred twenty ( 120) acre minimum lot size required by Section 24-8-20. C . 3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX19-0157 Page 2 of 6 2 . Items to be included on the plat : A. The plat shall be titled : Recorded Exemption No. 0553-02-3 RECX 19-0157 B . A 30-foot-wide joint access and utility easement extending across Lots A, B , C and ID from County Road 96, for the benefit of Lots Al B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2 . The easement shall be graded and drained to provide all weather access . C . County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of- way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -00, the required setback is measured from the future right-of-way line . This road is maintained by Weld County. ID . County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec . 23- 1 -90, the required setback is measured from the future right-of-way line . This road is maintained by Weld County. E . County Road 96 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1 -g0, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. F. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential , Commercial/Industrial , or Oil and Gas). Public Works will review access locations as a part of the plat submittal . G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50 . E of the Weld County Code . H . Show and label all recorded easements by book and page number or reception number and date . 3 . The following notes shall be placed on the plat: 1 ) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located . Pursuant to the definition of setback in the Weld County Code , the required setback is measured from the future right-of-way line . No building or structure as defined and limited to those occupancies listed as Groups A, B , E , F, H, I , M and R in Section 302 . 1 of the 2018 International Building Code, shall be constructed within a 200 foot radius of any tank battery or within a 150 foot radius of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas well . Any construction within a 200- REC 1 g-0157 Page 3 of foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6- 10 .C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits . 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20. C . 3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40 . P. of the Weld County Code . 5) 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 . 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom , regardless of lot configuration or number of users , and without limitation of the use or intensity of the use of such easements . No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements . 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . 9) Prior to the release of building permits , the applicant shall be required to submit a complete access application for a " preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 11 ) The historical flow patterns and runoff amounts will be maintained on the site . 12 ) Prior to the release of Building Permits , the applicant shall submit a recorded Deed describing the Lot upon which the Building Permit is requested with the Building Permit applications . The legal description on such Deed shall include the Lot designation and Recorded Exemption number. 13) Prior to the release of Building Permits on Lot Al B , C or D , the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lots A, B or C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals . The Colorado Division of Water Resources issues all well permits . 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots . Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The Colorado Division of Water Resources issues all well permits . RECX19-0157 Page 4 of 6 17) 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. 18) 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 . 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County► has some of the most abundant mineral resources , including , but not limited to , sand and gravel , oil , natural gas , and coal . Under title 34 of the Colorado Revised Statutes , minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits ; and (c) such deposits should be extracted according to a rational plan , calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state . Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times , mineral resource sites are fixed to their geographical and geophysical locations . Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity► to extract the mineral resource . 20) WELD COUNTY 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) RECX19-0157 Page 5 of 6 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 . 4. Additional Information . A. If residences or structures requiring water and sewer are constructed or used for the proposed lots , Weld County On-site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations . B . The applicant has proposed a well as the source of adequate water for Lots A, B , C and D . Property owners are advised that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources , the quantity of water available for usage may be limited to specific uses , i . e. domestic use only, etc. Also , the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time . C . The West Greeley Conservation District has provided information regarding the soils on the site . The applicant shall review the information and use it to positively manage on site soils . 5. The plat shall be prepared in accordance with the requirements of Section 24-8 60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services . Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval . The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the Resolution of the Weld County Board of Commissioners was signed . The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution , a $50 .00 recording continuance charge shall be added for each additional three (3) month period . 7. 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 recorded exemption . 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 . RECX1 g-0157 Page 6 of 6 CASE NUMBER : RECX19 - 0157 APPLICANT: KELLY F BERNDT PLANNER : ANGELA SNYDER REQUEST: FOUR ( 4 ) LOT RECORDED EXEMPTION LEGAL DESCRIPTION : LOT D of RE - 3857 of Section 22 , T8N , R64W of the 6th P. M . , Weld County, CO LOCATION : North of and adjacent to CR 90 , 1/4 mile west of CR 57 I I I I I I I • I I I I I I I I II I I I I I I I I I I I I I I I I ill I I I I I I I I I y Ada 4 I , . . . . . . . W I ntl . 1 r_ I c I _ as I a I Ii I I • I ° I. Ior ge 11 II ° I at • II H •ar _ a p y IL II t I s .' a illisir . . I I liSlirill , e I i , I I I I'is I - ii - b1 I • r O ° ° a a- - _. _ _ _ Js c • _ . - r . II I i I ti 4 It el toI I - - . _ I -I11 _ I I I 1 A I ___ _ —imp Sac M I 1 I 0 IIB i ._ D RECX19 - 0157 128 acres 1 I S ac I ampimah I _ . - - . 5 acrn, in _s:1 i . , _ _ iiii "p 3. _,,i .-74 , _ __ii S_i _i_s_iiimi . . ,. T - - - _ _ _ - __._ to_ _ PM V ill O. I J- e _ E. I.M.:1-,:r1 - - la I - rte_ _ - I _ �. _ _ I I 7w. >iipak alla • litliall li I I I I I Sn RECTE LO T 9 I I . RE-4355 CORRECTED I I LO TA I I RE-39-4a L. Y Ti-, I I I A Y RE- gip �: - I e LO, TB I �� - I L-AAAA� T . , L E_ _ p 1 RE-E-4547 L�lT .A. I E_ 2_¢ _- RE- PiF ? N R EC TED in I L I E L T ID M ILO TA RF__ pip.r7•27- I RE- 3-857 I L0 -TB I i I. d . '7i L - - - _ _ _ _ _ — Joe at — _ _ — _ _ _ — r . - - - - i . _ .mm. _ — — — — — — —I LC3I E I I I I LC° T C. I >L Ire e'I I L3T t .. t ri, cli 11 . R.EC� l 0`18 i P! EYY.� � o �.� R E- � , : I LT LO T I LD TD I I I I E F i &COi, � E- REL T I LC T 6 I I I - RE- 3131 I RE- 4480 I .L0 T A I °�� _ I Y _ ° _ . A . VIEW- r , I I I 1r I J-11 HEll ff. '. , ti I , . _ ,. in i IH [Er ___U , , if :: : , .. . ,.._ , !--6 1 - .. -d.' k ill_ A I II: . i it y Hi 91.7. 7 it r 41 -.1 1.7. 1 F am_ _=.-.Y Iii iE ' �_ .ii; �..- i I - no t rat 1 . e.."--, - . te---11- 11—Lini W m u, ,L lit , ___, ! ,......,U, . il 7-1±11i-lifHL-Ji "III _Li if , ,' HI brisr . r LI) . .. Hrj---pr,_ tal I i F 1 rsi I . -4 It II—Li M111 J 1 I • -- - 'L- -- r �_ _. _ �- _. r� � r - !- -I '11,I I ' I I I .' I I .„, 1 1 I I I I 4' I I I I lii 1 I1/4 I I I 'mr, 1illI I 1 tea: e N ,I - - ' - 'IX 41 re .1 d �;�_ Ili ;IN II I I s II I .111 ° I! I ir I � �I 1 I I g lil ° ll .II c �,I 1 Ica .° 'i,+ Northern tab brad .d II ri cr�t h �,r�a'si, d u n °° I''I IIli Distrj, ° iiP/CR 9B % [ . - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ . . .mi. _ _ _ _ _ _ _ _ _ . _ _ _ __ a a a a .... . . a . . . , _ _ _ _ _ _ _ _ _ _ _ _ .....„....,..._ a. ., a a ,...._..._._ a a a II .a.. .. ., .. :I i . .- ,. ._ - , . i - • ' 4, i i I I Mg Pub lc Water Availability Exemption Standards 3 . Access - Zero net gain a - , - . - _ _ - A A D . . Previous RE - I Approved Shared .. ., Access for Lots A . B -. , _ _ __ _ _ _ . . . . . . . . . . E__ _ . . ___...ty. _e_s_ , ,. u ,,, e 1,, 0 _ . 4 ' . �� - :. r� tE :I _ .�_ are. � -B < i B r1 Li{ r YH III II Previous fE . ,,,, , , __ _ . . • Approved share , . . w n. _ A f r , , Lot ► ....... . .6, , iii , ( through Cs:r 2:, u I S FX • l I . ,e Slialarr.- allikillillilk.-- 1*' I ' . . - - -.0 - - - - -- - _ - - -- _ , • LT ,f1 - Proposed Shared Access Location _ _ _ — A A D Previous RE . . _. Approved Shared Access for Lots A . B , _ _ _ • . .... ,__ _ l , . .... , ,,_ _es_ , .. . . , ,, . ,. c. 011,, o r. tE9 are.31- 1in B < i B I. 1 f , I 1I1 II Previous RE • A r �d r - yI. _ I Access for Lot it ill ,..... ea ( through C ) - it, s 1 I t,. a ti .,_a -- .._—..._ . — . - — -- - - A • ,, — —_• - fi Proposed Shared Access Location Exemption Standards 8 . Consistent with sound land use planning practices . 9 . Consistent with the Statement of Purpose as expressed in Section 24 - 1 - 30 C . Encouraging well - planned subdivisions by establishing adequate standards for design and improvement . /1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO80631 WEBSITE: www.weldgov. com E-MAIL: asnyder@weldgov. com PHONE: (970 ) 400-3525 FAX: (970) 304-6498 1 December 04, 2019 DEPLAZES PATRICIA 9120 N SAINT VRAIN DRIVE LYONS, CO 80540 Subject: REC 19-0157 - FOUR-LOT RECORDED EXEMPTION On parcel (s) of land described as: LOT D REC EXEMPT RE-3857, PART S2SW4 SECTION 2 , TBN , R66W OF THE 6TH P.M ., WELD COUNTY, COLORADO . Dear Applicants: Your application and related materials for the request described above are complete and in order at this time . I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office . It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Nunn at Phone Number 970-897-2385 Pierce at Phone Number 970-834-2851 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application . If you have any questions concerning this matter, please call . Respectfully, t Angela Snyder Planner ; y Y .i 3. •N•.. 1aa! ''p' _ .,� t EXE p`TIPI CX) APPLICATION C Ei ,RThAEI T OF PLANNING SERVICES * 1555 IN . 1 '1.H AVENUE - -,: , F��ELEY, Co 80631 .- . r i r ,wel.ctgoysom t 970400-6100 * FAX 970-304- 6498 : FOR PLANNING DE j 1 _s + -- _- CASE # ASSIGNED : - �4 ^ Wi t_ ICAflON E B ': PLANNER 1ASSIGNED: Parcel Number 055 � O _a3 _ 2 e.-0 V ( 12 digit number - found on Tax I. Q. Inform ion , obtainable at the Weld Cnanl i � � �' Assessor's map found a# '�^w�+ .weld� o�rrcorrl) Legal Description , _� .. � '"� f� North , Has the properly been divided from or iid divided from if any property(ies) since August 30, 1972? YES i+ NO12 is the properly located in a ftoedpl.ain? YE. E]_ NO EtUnknown 0 is the property located in a geohazar°d area? YESUNO �" . Unknown � EEE_OWINIFt(SWETHE PRO ERTy.i Dame: _ _ _ ''- .L4 AComi �_ - _ - . -Phone #: (1-73 Address : � � - et 7----Email : �.; "''f.- � 7, e� 5. �` --a--�r City/State/Zip Code: Sib irt itcHrrink____de 0 g a _______ nc _, , --la FEE OV\INER pont. ) or APPLICANT; Name: par., y : . .t F='ihon :�: - •-- - - - Address ; __ LL Email: AUTHORIZED AGE : ame: V4 ::tr 1 c,„1.1. et__ _ De.° _Je: It 2S4_____ Company: Phone9Q - k57 .. $ Q33T heAddres . , , Email : 'atoll. - - _ �__Pi1yIState/zp Cole : O ,r _ sitv1ha4zatran Form must acco .a - all a ' �' �� trrt sn� yen Authorized Aent _ -slop anise._ Lot A - _ smalFetr lot Lat8 Lot C IS Proposed Use (i.e, Ag or p1r-__KTPropo ��1 A� reage ..� G .� #3 __5, ace, :IL la . Address _ -re ick rop TeSi _____ 7 rasisb ____ ____, II I (We) request that the above described property be designated a Recorded County Commissioners , I (We) hereby de��r)se and stage under penalties of Exemption by the Weld County Board of puns submitted with or contained within , the application_ Il�ati � of perjury that all statements , proposals , and/or p� en are true and correct to the best of my (our) knowledge . Signatures of all fee owners of property mgt sign this application , If an Authorized from all fee owners must be included with •. i authority to sign far the corporation :h� application . If a corporation is the fee Agent signs , a letter of authorization included �h be t�+�ir1 the signatory � �� owner, notarized evidenceory has the le must rl{ 1 -Ieff-liiii'teat - P i o f 1 Lure: Owner or Auth end Agent Date Si, nature : i - - ,�. � ��wn,�r er th �►r��od Agent Date iriciA, ret , ., ti. n , Print; Owner or Authorize Agent Print: Owner or Authorized Agent if an Authorized Agent signs, a letter of auttoization from all fee owners must the fee owner, notarized evidencemist be includedshowingthe �ic� n��a ' has the be nciu�ded with the application . If a corporation is � legal authority to ,sign for the corporation. i Page 16 I Kelly F Berndt , hereby authorize Patricia Deplanes to act as my authorized agent for the purpose of submitting and executing Recorded Exemption applications in Weld County, Colorado . lrFBerncit - Dae RECORDED EXEMPTION ( RE ++++ Pleaseter or printyour responses QUESTIONNAIRE responses to the Mowing questions below and use a separate sheet of paper if needed. +++++ 1 . Dorraestbie water: Describe the water supply and dependabilityfir ail latsa � letterfrom a water district,� provide evidence of sufficient +q�aa�lity, quantity and of domestic/potablewater, if t�t��i zing municipality, or a well permit IS examples of evidence ng a drinking water welt includeeither the well permit veil permit application thatwas submitted to the tote. K number and/or the required , l � on public water include a letter from sharing a well a shared ell agreement is water bill. the Water �]Istrl�t, a tap �r meter number, or a copy of the (Example "Wateir will be provided by the 123 Water Co purchased and a copyof tie receipt is �� ' d, °' �r " �J�r'a#er r�l mp'any , a tap agreement has been Water Company I provide by a well Well Permit # 12345 is attached , " Or "Water bill from p� . � is attached", Lot A Water Source pi Lot B Water Source w it _ Lot Water Source - - .�--�—,--. . �' � per _ - Lot D Water Source vv r Irrigation water; State the type and quantity of Irrigation -�removed from the site (Example - �� rl�atr�n water to the site or when irrigation water has been our (4) shares of ABC Ditch Company Water will remain with the si a copy of the purchase agreement addressing this item is attached , , or "Th rte , water rights ,") _WA e parcel wwas purelased with no 1 dlINNOr 3. Adequate means for the disposal of sewage : if utilizing an existing number, if there is not a septic system :p�r�vi�de the septic permit permit due to the age of the existing system, ap,piy for a se tic per'r1ttfdocumentatian through the Department cif Public Health and . p application . If a new septic system will be installed ,�ieas� state that Environment p�ri�r to submittira this copycif the s� �ti� permit er a letterfromfife sewage a new septic stern Is proposed , A ,� disposal facility must accompany the application, (Example . "Sewer service will be provided by An own Sewer and a Anyto�►n is attached . " or 'A Septic system veil! be designed , Commitment to Serve letter fromngned , constructed and permitted according to Weld County septic requirements , " or "A copy of the existing Septic Permit, #1236789 is application. " is included with the LotA sewagedisp►osal I ' - Lot Ea sewage disposal j ' D Lot C sewage disposal I S D �- - - - - mss•.. _a - Lot D sewage disposal Page I 4. Describe how the property is being used . ( Example - "The parcel has one house, one mobile home for the hired hand permitted under Mobile Home Permit P1I - 1 ! two bares, and one loafing shed .. The north half is currently used for pasture for one - hundred head of cattle and ten horses . There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa ") Froterly t ary' 7/ 9cif) it 5 tzj - - - - 5 , Describe the vehicular access to the new and existing lots? ( Example — `+Each lot will have individual driveways off of County Road 72" or "MI lots will share the existing access point off of Count Road 591 caatin, atettsin eac e 4O et_ 'Aram viiitisa v _ esti 7171 te_- 6 , Describe the location , size, of the new lot(s),. (Example - "The property will be split into one five (5) acre lot and one 40 acre lot." ) - -We /Sear at c ac is tot, , r�" be chislietartos W-est efeetriur (9 " e - 151714411a Ian- apt • 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills , ditches, ( Example - "The ABC ditch runs diagonally across the southeastern quarter of the property . ") r -rely b` St) /4 •61 ,41 o 8, is there a business or Use by Special Review permit on the property" N UNKNOWN If YES, will it be vacated car remain on the Recorded Exemption lot(s)? ( y` mple e - " U BFI 12- 1234 for my concrete business v. 0l be vacated as my son is mowing the business and equipment to his property outside of wøc 'io Page t 8 teN eit 5 'k SAa f S ht. ' _)- apiY1M8M1 CltcegS be aced ors Oca LOT- RE 3857 on-r P S an PJO (vid 1- 162:3 . 7e, Noit sca lt cN c 1t as Submit by Email visb Air Weld County RefReferral, Th...a., . . . , A i, Qi ti! Iiiii .0, J I � f 8 ■ pi l .. -� L ilk 1 7 Y 4as � 7..r 1 7 �• December 04, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Kelly F. Berndt Case Number: RECX19-0157 Please Reply By : January 1 , 2020 Planner: Angela Snyder Project: FOUR-LOT RECORDED EXEMPTION Location : NORTH OF AND ADJACENT TO CR 96 , WEST OF AND ADJACENT TO CR 35 Parcel Number: 055302300004- R3357505 Legal : LOT D REC EXEMPT RE-3857, PART 525W4 SECTION 2, TBN , R66W of the 6th P.M . , Weld County, Colorado . 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 fu l l consideration to your recommendation . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. @ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: -- E We have reviewed the request and find no conflicts with our interests. I See attached letter. Si nature HDutrow Date 12/09/2019 9 Agency Zoning Compliance Weld County Planning Dept 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County ReReferral "IL # 8 4 62 li t.! i I 4a 7 ' f jil r. i i Y I' ��'�, } .4 iY a WI_ I I CI j t : a' r: rTh N — .Y 're pl I December 04, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Kelly F. Berndt Case Number: REC. 19-0157 Please Reply By: January 1 , 2020 Planner: Angela Snyder Project: FOUR-LOT RECORDED EXEMPTION Location : NORTH OF AND ADJACENT TO CR 96, WEST OF AND ADJACENT TO CR 35 Parcel Number: 055302300004-R3357505 Legal: LOT D REC EXEMPT RE-3857, PART S2SW4 SECTION 2, TSN , R66W of the 6th P. M . , Weld County, Colorado. 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. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information , please call the Department of Planning Services. ElWe have reviewed the request and find that it does / does not comply with our Comprehensive te Plan because: _.ii We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date Ali J / ZOZO 9 r Agency EST G RE ELEY. CONSERVATION DISTRICT Weld County Planning Dept. 1555 N 17th Ave, Greeley, Co. 80631 (970) 400-6100 (970) 304-6498 fax 1 1 } M - ti-. West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA , Weld County Soil Survey . Map Soil Name Soil Texture Shallow Dwe ings Dwellings with ' Small Septic Tank Prime Farm Symbol Excavations without basements Commercial Absorption Land ( if Additional Comments 4 Aquolls I Flooded __LSevere Severe Severe Severe ! Severe No _ 44 Olney Loamy Sand _ Slight Slight Slight Slight Slight No _ w L __________ _____ , P - - -- The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction . For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. 1 • wEsT GREELEy - - - ., �• .r\ ia .0.1\4 .•. 1k \ : v i - �� - _ * , t).‘ , ers;tr coN sERvATI 4 rsi •.. ./ i, ih . .4. e.1 d = - ' • si -/ 4,r as* I� a`!.. DISTRICT _ Nei tif ' :v1/2, i :e! •.' It . .1 f; 4 i : i" t . al rity A I r • 4$ • I s, ‘t-e - 7N* 4 al° I?len! . j a 4:4 et . it lir 4 / . 1 ir eis eN:F ' `' r 0 # ' • i °es" a rirl i , fir , X. . . -al 411 ,3 :, 4.44; I , i ; f • � i fsci i # Produced by the West Greeley Conservation District Submit by Email Weld County ReReferral INansiterIB6i 't ri Tr 1 I a r. i_, -. M F ..a a. t l i ii F I i . Iw 7A December 04 , 2019 The Weld County Department of Planning Services has received the following item for review : Applicant: Kelly F. Berndt Case Number: REC 19-0157 Please Reply By : January 1 , 2020 Planner: Angela Snyder Project: FOUR- LOT RECORDED EXEMPTION Location : NORTH OF AND ADJACENT TO CR 96 , WEST OF AND ADJACENT TO CR 35 Parcel Number: 055302300004- R3357505 Legal : LOT D REC EXEMPT RE-3857, PART S2SUv4 SECTION 2 , TBN , R66W of the 6th P. M . , Weld County, Colorado . 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 . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services . If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information , please call the Department of Planning Services. iI We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Sri We have reviewed the request and find no conflicts with our interests II See attached letter. it,,) (:),:d.rifell Signature Nl Agency / L1tQ r,fttribin P. avy N Weld County Panning Dept 1555 N 17th Ave , Greeley, CO 80631 (970 j 400-6100 (970) 304-6498 fax Isabella Juan or na From : Kristine Ranslem Sent: Wednesday, December 4, 2019 2:48 PM To: Angela Snyder Subject: FW: RECX19-0157 Referral Importance: High Please see referral comments below. Thanks! Original Message From : townofnunn@ezlink. com <townofnunn@ezlink.com> Sent : Wednesday, December 04 , 2019 2 :43 PM To: Kristine Ranslem ckranslem@weldgov .com> Subject: Re : REC19-0157 Referral 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 . Hello Kristine, The Town of Nunn does not have any conflicts with this referral . Thank You , Cathy Payne Town of Nunn On 2019- 12-04 11 : 36 , Kristine Ranslem wrote : > We have received a case ( RECXIQ-0157 ) in which we ask that you review > the material and send a referral to us . Please click on the link > below and select "Search Applications" under the Planning tab . Input > the record number. Please click the blue arrow next to the "Record > Info" button at the top . Select Attachments and you will find all the > information including the referral form to submit back to us. The > following is a quick link to the case search : > https ://accela-aca .co .weicl . co . usicitizenaccessi. > > If you have any questions, please don't hesitate to contact me at the > number below. Thank You ! > > _Kristine Ranslem_ > > _Planning Technician_ > _Weld County Planning Department_ > 1555 N . 17th Avenue_ > > _Greeley, CO 80631 _ > > _(970)400-3519_ > > Icranslem@weldgov. com 1 • 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 . 2 MEMORANDUM a. . i TO : Angela Snyder, Planning Services IA lig R Alai r ie4 FROM : zackery Roberson , Public Works J ir ,It TrEe may DATE December 30 , 2019 1t cs. 4/1 y . --C` T - SUBJECT: RECX19-0157 BERNDT KELLY F The Weld County Department of Public Works has reviewed this proposal . Staff comments made during this phase of the application process may not be all-inclusive , as other issues may arise during the remaining application process . COMMENTS : Parcel(s ): 055302300004 The project proposes to : FOUR-LOT RECORDED EXEMPTION ACCESS : Weld County Public Works has reviewed the application materials related to access , and Weld County Public Works has reviewed the application materials related to access . Access for the property is currently being provided by County Road 94. As stated in the Weld County Code Section 24-8- 40 , "All accesses . . . shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist." The code further stipulates that, "Contiguous lots created through the exemption process shall , when practicable, share access ." Because a shared access appears to be practicable , the applicant shall create one ( 1 ) shared access that meets the separation requirement for a(n) local road . (See Table 1 below. ) For proposed lots A- D ACCESS Sec. 8- 14-30 . Table 1 Minimum Access Spacing Criteria (Feet) . Access Element Arterial Collector Local CR 96 and Cr 33) Distance between intersections Signalized 2, 640 N/A N/A Unsignalized 1 , 320 1 , 320 330 Distance between accesses and intersections 660 660 330 - Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8- 14-30, an Access Permit is required for access to Weld County maintained roadways . We strongly encourage you to discuss your access location with Public Works prior to laying out your site plan . All "preliminarily approved " accesses are subject to change during the access permitting process . Per Sec. 24-8-40 , when feasible , there shall be no net increase in the number of accesses to a public road . Minimum access spacing widths are shown in Weld County Code Sec. 8- 14-30. For shared , Public Works strongly recommends the property owner establish an access road maintenance agreement so future owner of the properties will be aware of their requirements for shared maintenance of the access road . This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Please refer to Chapter 8 of the Weld County Code for more information regarding access . ROADS AND RIGHT-OF-WAY: County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right-of-way cannot be verified it shall be dedicated . Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 - 90 , the required setback is measured from the future right-of-way line . Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 96 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right-of-way cannot be verified it shall be dedicated . Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 - 90 , the required setback is measured from the future right-of-way line . Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right-of-way cannot be verified it shall be dedicated . Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 - 90 , the required setback is measured from the future right-of-way line . Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13 , Section 3- 13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying , constructing or excavating facilities within , and or encroaching upon , any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https ://www.weldgov . comidepartmentsipublic wo rks/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A, B, C , and D access location(s) . (Department of Public Works) B. The plat shall be amended to delineate the following : 1 . County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90, the required setback is measured from the future right-of-way line . This road is maintained by Weld County. (Department of Public Works) 2. County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90, the required setback is measured from the future right-of-way line . This road is maintained by Weld County. (Department of Public Works) 3. County Road 96 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90, the required setback is measured from the future right-of-way line . This road is maintained by Weld County. (Department of Public Works) 4. Show and label the existing and proposed access point(s) and the usage types (Agriculture , Residential , Commercial/Industrial , or Oil and Gas). Public Works will review access locations as a part of the plat submittal . ( Department of Public Works ) 5. Show and label a 30-ft. minimum access and utility easement to provide legal access to the parcel on the plat. (Department of Public Works ) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1 . 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. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. ( Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom , regardless of lot configuration or number of users , and without limitation of the use or intensity of the use of such easements . No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. ( Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . (Department of Public Works ) 5. Prior to the release of building permits , the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 6. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site . ( Department of Public Works) ''' WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ` I ir7J ,=� .r; -- 1555 North 17th Avenue , Greeley, CO 80631 www . vveldhealth . org coUN Memorandum To: Angela Snyder, WC Planning From: Dani Sema, Environmental Health Services Date: Dec 23, 2019 Re: RECX19-01 S7 Applicant: Kelly F. Berndt Environmental Health Services has reviewed this proposal to exempt 3 lots from an area of 143 . 7 acres . Proposed lot A will consist of 5 acres , proposed lot B will consist of 5 acres and proposed lot C will consist of 5 acres and proposed lot D will consist of 128 . 7 acres . All lots are currently vacant . Lot A, B , C and D will be serviced by proposed on-site wastewater treatment systems and proposed individual wells . The Environmental Health Services Division recommends the following : Prior to construction : 1 . If buildings requiring water and sewer are to be constructed , a Weld County OWTS Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On-site Wastewater Treatment System Regulations . 2 . This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources , the quantity of water available for usage may be limited to specific uses, i . e . domestic use only, etc . Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment . We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time . Health Administration Public Health & Environmental Health Communication, Emergency Preparedness rnn Vital Records Clinical Services Services Education & Planning & Response Tole: 9/0 304 6410 l olc: 970 304 6420 Tele: 970-304-6415 Tele: 970-304-6470 Tele: 970-304-6470 Fax: 970-301-6112 Fax: 970-3046416 Fax: 970-304-641 1 Fax: 970-304-6452 Fax: 970-304-6452 Public Health !PI, :_. : . ' , 44 _ 4 ialy\I 4 Weld RE - 9 School District ' Highland Schools 210 W. First Street P.O . Box 68 Ault, Colorado 80610 (970) 8344345 December 16 , 2019 Kelly F. Berndt 8585 Citation Dr . Wellington , Colorado 80549 Kelly , The Weld Re -9 School District has received notification from the Weld County Planning Department regarding your request for recorded exemption . The recorded exemption application shows the creation of three new lots for the purpose of future residential development . Weld Re - 9 has established a methodology to determine in- lieu of land payment for new residential units created by the subdivision of land in order for the District to purchase land which will house future school buildings for the purpose of educating the children living in these potential residences . The total in - lieu of land payment per unit created for residential purposes is S1 , 099 . Therefore , your obligation to Weld Re -9 is S3 , 297 for the lot planned in recorded exemption #rec l9 - 0157 . Payment can be mailed or delivered to : Weld Rea 9 School District 210 W. First Street P. O. Box 1390 Ault, Colorado 80610 Please include your recorded exemption number with your payment . A receipt will be provided to the party requesting the exemption . If you have further questions , please don 't hesitate to contact our administration office . In Educatio 7" ,._ct• %-\-- - k. erAW, Robert II . Ring Jr . Superintendent Submit by Email Alk . - AP Weld County ReReferral Thee ' 'I 9 ? • , ; �'Y cJ 1.r. ,,.. , 74ii tri- (,-r , M . Y . 0-1) 1 r 1T1 1 December 04, 2019 The Weld County Department of Planning Services has received the following item for review : Applicant: Kelly F. Berndt Case Number: RECX19-0157 Please Reply By: January 1 , 2020 Planner: Angela Snyder Project: FOUR-LOT RECORDED EXEMPTION Location : NORTH OF AND ADJACENT TO CR 96 , WEST OF AND ADJACENT TO CR 35 Parcel Number: 055302300004-R3357505 Legal: LOT D REC EXEMPT RE-3857, PART S2SW4 SECTION 2 , T8N , R66W of the 6th P. M . , Weld County, Colorado , 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 . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services . If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications • under review during the review process. If you desire to examine or obtain this additional information , please call the Department of Planning Services. II We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: II We have reviewed the request and find no conflicts with our interests. ri See attached letter. Signature Date December 16, 2019 Agency Weld Re-9 School District Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax 10 Division cif Water esou c es DNR AlIS Department of Natural. Resources December 10 , 2019 Angela Snyder Weld County Department of Planning Services Transmission via email : asnyder@weldgov . com Re : Four Lot Recorded Exemption for Kelly F . Berndt Case No . RECx19-0157 51/2 SW% Section 2 , T8N , R66W , 8t " P . M . Water Division 1 , water District 1 Dear Ms . Snyder : We have reviewed the above referenced proposal for a four- lot recorded exemption . The submitted material does not qualify as a " subdivision" as defined in section 30-28- 101 ( 10 ) (a) , C . R . S . ; therefore , pursuant to the State Engineer' s March 4 , 2005 and March 11 , 2011 memorandums to county planning directors , this office will only perform a cursory review of the referral information and provide comments . The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements . The application seeks to split approximately 140 acres , known as Lot D of RE-3857 , into four l of s via a recorded exemption process . Lots A, B , and C will each be approximately 5 acres in size and are proposed to be used for residential purposes . Lot D will be 128 . 7 acres in size and is proposed to continue to be used for agricultural purposes. The subject property is currently vacant dry farmland . The proposed water supply for each lot is a proposed well . Lots A , B , and C will be less than 35 acres in size , therefore it is anticipated that this office could issue a permit to construct a well on each lot that would be limited to ordinary household use inside one single-family dwelling , with no irrigation or other outside use allowed . Lot D will be greater than 35 acres in size , therefore it is anticipated that this office could issue a permit to construct a well on each exclusive 35-acre portion of Lot D ( not to exceed 3 wells on 128 . 7 acres, or 2 wells if 257645 is not re- permitted , as discussed below) that could be used for fire protection , ordinary household purposes inside not more than three single-family dwellings, the watering of poultry , domestic animals and livestock on a farm or ranch , and the irrigation of not more than one acre of home gardens and lawns . Well permit no . 257645 was issued on June 17 , 2004 as the only well on a tract of land of 35 acres , generally consisting of Lot C of RE- 3857 (5. 11 acres gross) , and a 29 . 89-acre portion of Lot D , RE- 3857 . The well is physically located on Lot C of RE-3857 , which is outside of the property considered in this referral , but appears to be under the same ownership . The existing well encumbers approximately 27 acres of proposed Lot D . The land area currently encumbered by permit no . 257645 may not be claimed by any application for a permit to construct a new well on proposed Lot D , thereby limiting the maximum number of new wells that could be constructed on proposed Lot D to two (2) , and furthermore limiting the locations where such new well (s) may be constructed . 1313 Sherman Street , Room 821 , Denver, CO 80203 P 303. 866. 3581 www . col orado. govl water 11 Yj ,% Jared S . Polls , Governor I. Dan Gibbs , Executive Director I Kevin G . Rein , State Engineer/ Director I\* */ Berndt Recorded Exemption December 10 , 2019 Case No . RE0X10-0157 Page 2 of 2 In order to remove this encumbrance from proposed Lot D , this office recommends that the applicant submit an application to re- permit the well constructed under permit no . 257645 consistent with the size and location of the parcel upon which it is located ( Lot C , RE-3857) . The applicant should be aware that any new permit for the existing well on Lot C of RE-3857 would limit the use of the well to ordinary household use inside one single-family dwelling , with no irrigation or other outside use allowed . Because the existing well with permit no . 257645 does not encumber the entirety of any of the proposed new lots , and will not prevent the issuance of a well permit for any of the proposed lots , the re- permitting of the existing well is a recommendation and not a requirement . The ability of the property owner to obtain a well permit for each lot , and the allowed use of each well , will be determined at the time well permit applications are submitted to this office . Should you or the applicant have any questions regarding this matter , please contact me at this office . Sincerely , 1-?''mada°4-- Sarah Brucker , P . E . Water Resources Engineer Cc : Applicant ( Kelly F . Berndt ) Agent ( Patricia Deplazes) Referral file no . 26870 Well Permit file no . 257645 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No. : Berndt 2 - 8-66 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August Soo 1. 972 , Legal Description: Lot D, Recorded Exemption No. 0553-02-3 -RE-3857 recorded November 23 , 2004 at Reception No . 3238029, being located within the South V2 of the South 'A of Section 2, Township 8 North, Range 66 West of the 6th P .M ., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 993987, Book 1193 Reception No. 1459019 Reception No. 1819742 Reception No. 2036670 Reception No. 2094753 Reception No. 2147894 Reception No. 2371144 Reception No. 3238029 Reception No. 3928180 Reception No. 4305036 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Titic, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It. Witness Whereof, Land Title Guarantee COMPANY,. has caused this certificate to be signed by its proper officer this r day of November, 2019 at 5 ; 00 o 'clock P .M . LAND TITLE GUARANTEE COMPANY By : porn ' a p. �1 $ si ad* tb ilk - day o€ D 80 either > our Lord one tb u tint nine `bwttdred and t4z ty -ili I tit ' ' ;� per of • ,� William. � a ei tlO"' F I'I a Yotu of : .. 1 �u�� e�ive l� �► Weld ' • . ..� 4c1,� � � � the first part, a>7� II � Pierce County of Wei and ear f Colorado, of the r e;cond part: maid mrt r WITH SETH, That the , ' of f the first part,T�` tin� �"'1'�I' +�8 tYl K31�i s�e� ��. ( 43, U00600) ---- - - - ---m,...... -- ' and iInccra�itdla�atrasl of- the stem of . } sii to the saki pwt 7 of the 5rit part in hand paid by S Both part 7:. ::oftlaa.sacond part, the reeeipt where- .1. of is hereby ec.nnfealed and acknowledged, ha a . nab& bargained, sold hind` oer teycd', and by then presents does grunt, brargsin, sell, convey and confirm unto the sirid hart 7 of the second part, . hap heirs anti assign, forever-, all the 'following described let or parcel, of land, situate, lying and being in the County of Wild and State of Coicradc, tome: Sputh half of the 8o uthnbet quarter of eeotion two ( 2 ) o r towrnehip eight ( 8 ) North) range sixty- six ( 66 ) West of the 6th. FAN, - '" . . _.� UI 'I .I I" I IILVIb. Ill eLi . 11111 I nr\ Lint' -� - 1 il 1 , ty rrYY .. Ir;- 'I r! et, e ,..J •, T )II. 1 _' 1 ��} , + 4i' .\, �7� r� ll , + llN • - • : v I VxxLJk%]{JI". , IIr'I . A. 1*•r� rt'5thaii ii '. L i I-I i ',`:ti .r H!iff! &! Y , TOGETBE.R with all and singukr the hereditament* and apptrrtersancee theretinto belonging, or in anywise appeert,intigg, mod tk reversion and reversions, retnaittder and remainders, rents, issues and profits thcrcof ; and a !l tits cable, right tide, interest, chain and demand whatsoever of the said port y of the first part, either in taw or equity, el, in and to the theme bargained premises, with the hereditasuents end sppartenances. TO HAVE AND TO HOLD the . said premises above bargained end described, with the appurtenances, unto Laura Reeves the said party of the need part, her heirs and assigns forsrer, and the odd tiiis a A . Rhoadtcrinsr part y of the first part, for himself , Iii a hcir6i, cxecu t.,ra and sadrninistratoro, do 0 B eovtniust, grant, bnrgaln and agt'ee to and with the enid pert 7 of the aes irtd hart, her heirs and assigns, thzt at the time. of the cnacatling and delivery of these presents he is well seized of the premises above conveyed, as of good, siin perlec.t, absolute and in.dziessiblee estate of inheritance, in taw, in foe simple, and ilia 8 good night, kilo, iroir4tr and lawful authority to grant, bargain, sell and convey the satiate to nuance and farm aforesaid,, JIM that the same are free and dear from sit former and other grants, bargains, Was, % tales, sssnsgents and i&c. m- brancc$ or whatever kind or nature speller: Subject to 1946 taxem payable in 1'9478, and lien of the Northern Colorado Vigiter Conservancy District lb common with other larids in the larea. anti] the abnvc prim-ins, in the quiet and peaceably :pcuicalioet of the said part y of the second part, her heirs and srsign,., against .all and every person or persons InwIrrily claiming or to claim the -whole or any part thereof, the said part 7 of tins lint part shs l and, will WARBAINIT AND FOREVER DEFEND. In WITNESS WHEREOF, Flee; Said put 7 of t e lint part ha a hereunto set hie 6lnnd snd Neal the day and year first above written, . re2 1 alelas •. .,•(S E A I..) ..s...r...-.�..�_�.�...w....�a--w......-a-.-a.-.-,. rY__—.,rr,(S ]1.1 ) I •-.-.-..-aV..,.n..t..-.-....,. ..--.--._—..—.—w.._.__...—. (SEAL) STATE oP COLO 0} t :+. 1I�, p� as. The foregoing instrument cvas a c.trrrewledgleld before me this-ii th1.„day of ,, my of �I!eld1 ,„ A. +.,.........„:„.N.'..A _ 1t7 'w. , .s... .y,., '�7.i e�Tiin�l�' r_-. `ia,a Ir4 '� ,�• ..... '• • _ r 'nnien.3an,m..Y.�- •.P v' .__. aW�m i .,r-!--�-!T�'rmtel...na.._..-.�wr.....o-w.wan muiu ,t r r ' `' ` '+ '• �- Witness My Hand and °elitist Seat - . - L ' m ' C ' +c : •• � �i �,,; `' ` ' '#�, I �: ,I • e M,yCommission R�cpirr�l .M8�'.c}3,_..�. . " �� 5C1.- -- : .� ---. r th 'no. PargallWiSsmainim- --- ' WA RAliTY QEZD-McVey ?ri:atrrar . S!CJD , tit° . Le SKL13207 RE 993987 =1946 . OO1 i ei:ks. MA16 lea :AID �M5, [Ear 537 itssenbdi . 1180904111 11 . E ....,.�.�■,.._, _ E Ite E . Fosters a i so sometime 4 n as E0 £ . Fosters fay e r • - ' L . Foster end E l don L , Foster , Individually and es co- gt' ,. , • partners -doing !bWell ness as E . E ■ Foster 6 Sons, and Dorothy r a ' lir ' !_` ' "' ,'" N . rater and joann IC Foster , , f „ , '' ' whoseeddritele Nunn , : C. AL 4k. , . . Minty of we 1 d ad Matter i r !I CoIorado , ter tilt consideration it) t ten and ha 4 rd I '. . ,Iit 1 014 4, ; dollars, ha bind paid, heisetby tell (t) and eonve ( i) Le 1 E . E . Foster i" Sons , Inc . , a Coluredo corporation , whole addles ht Nunn , • cat/ of f Wei id p and Mate of Colorado the following teal property le the County of Weld , ad Meted Colas, to-wit : , I +Is i Q _NORTH. RANG 66 WEST OF T 6th P a Iv Co i, Ct IQrb 2: 5 I 2 ut the SE 114 ,; rill" ,}z . . Sect Ion II ; NE IR 54 1 /4 - t. } . section 13 ; W I /`2' , , . Li ' � • �. rf y Sect Ion 14 ; f. In oil thy, SE I /4 , NE I /4 " `` di .. i P 8 T A 6? THE 6t h P M - b. "% Section 4: Lutt I . 2. 3 dllid 7 nnu J I ) ? ui the N 'fI /2 , SE i /4 _ * A -4 . 10. • G1 li tltl R I TO NSHll' 9 t • TN . RAKE 66 VI T OF TH 6th P P . ' '. ,' ,.., Section 15: A I /si f • Section 26; SW 1 /4 of thu Sw 1 /4 N in" of tl~,e SW 1 /4 : I r , . %. , , � . R TOWN,P11 9 N Tfl, fl&p E 6 ? SST or THI- 6t : raft f, ,,, , rt,d ti r Suet ion b : SE . 1 / 4 e � , ' , Section Id; ( 1 ,49:2 f '; :Ili . . Suction 29,; 11 1 /4 wrilmi.loots. All of the obov t land'. rrr4. cu'wvutied ' abicct to t.isiLtirtyi farm Indtwi . 41.501. Lott. 2 to Ii.) , 1nc1u !sIyn , of HInick I11 at Subd& iHon at ® loCkt 18 and f of the Town of Nunn , col orlatio . Lott, 6 , 7 (Lind 6 of EB lock 17 ; and Lot: 6 , 7 , 9 , Lind 12 and tho South 142 of lot b of Block J if Subuiykion of H and J , id I In the Town of Nun ) , Co1ord o , will: all its alapbrlrwitlrrs, and Werrni:tt0i) the title to the Wnnw, rubjnt to general t'a*e1 for the yrt11r 1565 , ilnydb ft! H rc I %G . i ry . T. _ - r - - - - r` , ri , ' . 11 1e. 1i r .. .' r ne . 1 I. • a JJJ��""" il / 1 1 ` . • 74:-./ L a it r • , Signed tltiM 7tf. .• duy of Jz3nu=pry► , 1:f 65 a,:;!S______&-n_Jetaditeeffi, ..i....P.:440.4.4,e., j f 1 cowl' I [ t 4, Fi� �ttrr . gal �v rnn, t 1 �t`.+ . known Ei IL . Fo�tur � ir�vt �j ally at�l�d .ys ticoi E . E . Faa1 rl �i,' urii� yidun1 Iy • Iriu 4t, pag■at .: at . E ,...E7 . at. ■Ie .....:.w..«:..:. imak co-cartnar of E • E " Foretur and Sow" I a �• il' v a,a. c t. .. ...... .r.n... ..•. . cTT JaoAn K , F. rrL LW CIPLIONA.IM Wry'ynt 1. . Fe tc;r . i nu i v i dtr,1 I ty/' iItau Pit co- part r of Ei E . F Chitd Son . County el ''M , i ). d- '1 0 Dogf othy 1( . F . 1 L r y., Ike foregr►in,g instrument was Atkrtnwirilgctl Li' rely tar Wm 7 H ;vr dal of January , I965 , by E i tt 1 . Fia:,ttr , "3 I e ,° !.Q wt i t4:o, h10046 • u E . Em :w toter , Way'ire• L . Fm tor , E I Bon L - f4 '•tur , individual I y '3'uJ Ii! co- part + curs doing I Dininua 1 dr E t ;Ftjtttr on '. , .;n0 uorntl�yr K Foallur whir: 1prli )M . I,ili, rl ,'Y I=rW. tt,r .la ph•PA'' OL.. • eali toad official', sett m .ki . a .1 CO/ OOPS' r . If try ntl OW �rams ur 1al tall bon War* earti4 a t r ill p if by pe se *OW it Est !IMS � I�vrnw�' (�i-tie E, Ili ,arFimiplt"Zia pr�1'rt •■ N�PC'IaLI#a atlnYns9•t.u°. rtt ,.r o+�Itw For r� . rdr : +t1R.11�il`I,eti 11�uM �MiiFl IIY.i;1i i[ fy!'# IwMfldr.r Cl� irl't`.k,�t'i, tip ( +� r11 �� 41' WIC" ell�- i to ?fa !PMPIPIIINESINS Olt -pestfa1lst e1L.4•le us .aril ni.a-Iw s..a.11n..r Frill C.a ap. unSS KS *ha Ia,•ua. OWNS t 1 I / B1' LDI r Inc . LG SKL13207 7 WE 1459019- 1965 . 001 . f • yy�- � loot ' ass ti •a II Is -3N .I .V.. ..,-..._. Le ,1 . Tams CU; 13th �.� _. _.. , 1born= LAURA REEVES . aka K . IM ES , as rd Male Digabill Pa ° a tee `Co m of Pierce , DSO- Io Como of Wait! sad Mate ei Celonade, et the mg putt, tad s+e- -, „Sr _ e ROY E . REEVE _ eft urea i F ieree cosy a# Weld sod fib el t a - " ; Cs mass of tha iw n4 put, rip: • w> 'nsSITS, That the Se part Y of the aL par, for end he aseild l ee ei as vela of • 1 .1 , —tee — ,. r---�m� other Valuable Considerations and ' et�n (#100 lril I 0 1a the said party at the findwit In hand yeahl by a pry or !tie sad putt the nweipt Whsr.t+'t I■ ri • 0 hem* en1aaa44 a4 acknowledged, has meta hugained, odd and rea rapid„a d by (lean preeerie does 1,4 0 Mott blunt ma, aorersy and germ, mita the veld pity of tb* nerd part, hie kiln sad win for- tel a eve. all US follawbeg de bast let it pad of Lund, a1tnaa,lying end being hi the C Wit! 'e't' Wald sudi Stags of Undo, te,rh& ( 1) An undivided sate-half interest in and to the Southeast Quarter (S of . 71 Section Four (4) , Township Eight (8) North , Range Sixty-five (65) Meet of the Sixth Principal Meridian; ig ( 2) The Southeast Quarter (SC) of Section Eleven (1k) p Tamplitip fight (•D) . • North., ROARS Sixty-sit (66) West of the Sixth Principal Meridian ' 0 ) The South Bali of the Southwest Quarter (SIPA) of Section Iwo ( U . - j Tavunhlp tight (8) North , PsnRe Sixtys-® ix (66) Watt of tha Sixth Fria- `, cipal Meridian; and ( 4) The UOttkve t [darter. (N$14) of Section Ten CIO) , Tawnehip Etgbt (8) • Nord, Rimes, Sixty-five (65) West of the Sixth Principal Mgri4isn;. ° • also known tttastteet end number roan= with all and glaralat UN barfatitimenta gad easnoistaces thereto bot+aveies, or In mss* niVentallnbet and Oa rsntaiae aattt IS twoolader and natant, reel:, Lain a and petallts Mal, sod sU tie setata4 tests We, ttrtsrest, claim: atat dtwand whallannwr id to said. pea# y of tie iiret past., ether in law of spdty, td, in sad to tits above' tear.galaS Alb Iletherrednammila sad uppnrienano . TO an A10 ITO now than aadd prams thorn Wined sad dastlisiiilth the alPlairteowwereh into the • as fort ed the wend forty rut. hie here and sums farm dad the odd IAA), ot paw, for her NA r e ho r Min, +ta e1atien , s4 athalelatzatera, do es rerem tttt, gran t, botpvie, sad straw to sold • ti do o the aid Party el.'s per, his Mkt and iladans. that at the Use of the eaaaalhs and delivery at thaws paw1, she is well mind of tt Reseda am equened. as of pods am,. ported. absolute and ltadedeastbli thug of laborffloolt. is law, in fee gaudy sad his food right, chili pow ! Intl authority S tut, , sell Led 'v+t7 the ter in react, d form as aforesaid, and that. the assns are free and den ,I' front all iner and atXer nets, bales, eater, Vow, balsa, asaesements and corumbraacsa of whatever kind or nature were rawer. • ' a an, illit 'Mnbargain-at prernis a in tin en at the said party of the mond part, tlis Sirs wed awlWria wan eihusi e at WM. lief* Sinai or is claim, the whit . or any part � S!thereat the ad party of S. Mil perkk almie sad will WAK&ANT AND FOREVER DEFEND. '�!IN TIM MS!�4 VilitREOP. S MN puny of OS fret part bad banned c set her had ad sal tha day sun peer tint Om writes, I. Ale. , asn9 1.(Pr 6111084•111.1114....en• .... ' •i L J _ aura peeves ,�also ,kpo as _..telrAL ,r- ..PeY,?ti Ni+Uus a . '.....q 11 t Re1Y.ICIInu nN.:•.k, w.,.fl*Ma . ............•............•............• LauraLaura K - 5! ..................... ..._.. ' e.-o, taxa)el se STATE OP COLORADO, .,_.° 0. •e Cowt ' ad' MELD • ImIL pit.14191NPLItharaadifit was ati estrlt4gad Wonmos. this 13th day ofMinch is-130.., 101 ' ,L ae Reeves, also knowu au Laura K. Reeves . al-s,111" May 4 . 111 VI . Wahine my band and official goal . LA .P .: I y ° ay. el i Gra 11t:aa ' ■ l4ddra�te e , f I, .l ••• �.,I 1..lfffr'''el�a., ;;e; `/,1 pi O4 Dot 143 • ° P. 0p 4� '.Ylir a Pierrce o"�-.e 1 .fiR've ---- -I eeeeeeeeeeeieee.e_. . - -- _S. P t __ - - ---_. _ Pk, on viuswin elltiariallewatk lastaist . UNA Ant Bat D. , Cut sold . • - . r N , SF{ D , Inc . LG 5PCL1.320 9 WE 1819742 - 1980 . 001 AR211J6, 670 $ 1096 REC 02036670 12/20 /85 15 : 55 53 . 00 1 / 001 . . F 0635 MARY ANN Fl OERSTEIN PLF & RECORDER WELD- CO, CO rUDIG line ' Tins DEED, Made this 20th day ve December , We% _ between E . E . POSTER t SONS . INC . S -( +t ary Fee liners! Poliaira. a ea y" and existing under and by victor of the Ears of the State c1# Colorado _ of the Bratperteand GREG R . REEVES and PATTY DEPLAZES cr' t -' ' Wit,. of the 'C 'i Weld ' and Stata of moo,ofth,eaeeaend part: 449 •'W. Shafer Ave . ,, Pieria CO 8(1650 WITNESSErat That the sold party of the first park for and in coal. e5d Lion of the aka Other good and valuable consideration =and ten and no/ 1O iOtl•A• ta to it in hand paid by the paid paridei of the aid part, the receipt wiraf 6a hereby eonfnad and arbowledgsd, ha.a granted. bargained, Dold and conveyed add try eds.. preset dun rat,. Win, sell, minim End anifirrn unto the said parties of the second part, hot in tenancy in comma but in Joint tenaa ■ the surviver. of tom,, their Jan and the heirs and assigns of such eurrerser forever, dl the falawiag dtatteitif [et er pent of bad. eitaeats, Lying and being in the County of Weld sad Sista a f Oaeraelo. to wait. The South Half of the Southeast Quarter (SISEI ) of Section 2 ; the Southwest - Quarter ( SWi ) and the Northeast Quarter (NEUU of Section ii , in Township 8 North , Range 66 west of the 6th P .M . , Weld County , Colorado , Grantor reserves one- half O ) of the oil , gas and mineral rights it now owns, if any , together with the right of ingress and egress for the exploration , discovery and removal of same . - = I k • r,• TCGE'I IEtt with all and singular the hei zit: menta and aiipurttnancias thereunto bolm�g, or in an iso ov i appertaining, .and the rer km and rrrfrsion-, r� :der and r mats, issues and -_ to t; and all at � right, tide, intend, dam and remand whatsoever of tae party of the Ent parts in law or esrlity of, is, and to the shave barges premise, with the bered'utaa<mernta and eegpc rtes pees.. Ti) RAVE AND TO HOW the said premises above bargained and described, with the appurt ands, 'aatn ties said pies of the second part, the suniror of tin, their assigns, sand the heirs and esaegnaa at eachsaran? for- erre, AL TA the Bald party a! thu first rt. for t niaa f it3 ours and a conn+t, grant, end ree ssn to anti with the and parties of the second pan„ the survivor of ti test, tnr r ash and tne has and snips of nth survivor, that aet the time of the =scaling alatid delivery of owe pmts„ it IN well dried$ ad the picas slave eeavyecl, as of good, rum, perfect, absolute end indefeasible mite ci tnk;erjSn , in mow, in fee simple, amid hrits d might, full pow° and lawful authority w grant, bargain, sell and convey n the seine in maw` and lena aferea skis .a i that the same are free and dear from all former and other tan, Larasizia! 'aka, line, Weep es- atsasments and e ac u.ie bronesi of whatever kind or woreeec�e vnr. S U EJECT TO conditions , covenants , easements , exceptions , reservations , restrictions and rights of way of record , if any , existing roads and public highways . established easements and oil, gas and mineral reservations and conveyances of record ■ also burdens of existing fire pro teetion districts , soil conservation districts and any other improvement districts , and the above largeinM premises, in the quiet and l° moo* of the said parties at the sseaaend part, # ha i survivor [zi# there, e7ir assigns and. the heirs and � of mat survivor, a]3 and every r] er pens lawfully elaimib or to claim the whole or any part thereof,. the said party of tb }f>t past shill a.. till W AND PO .] DEFEND. IN WITNESS WKEREOF,. Tht said party of the fly part ha caused its corporate name to be ht v to Bal- i need its F'iesidemt end ita corportte Seal to hereunto aced, attested by its Ste, : dairy an year faareat above written, R,~1'�!�' H`idr`if E . E . POST t3 .INC. — s`o i t it n s cc ebb , Secretary seam �'� , : � . t aes Or i - II )tIF on �. `o s t p!" ersama vs WrErt,itte J I. 'ea d '- •r • rw Tel _. _ —.. U. r0, is •f . n , ,.eat wa! acknowledged Wore zee ibis 20th day el December .. 1, ikei 1 it E" 'Eldoan L. Foster as Praidait e& Wayne L, Foster as Secretary of itiorup, E . E . FOSTER ti SONS . INC . a corporation., - 4,�ti't Alt d '•f+ My notarial eaomnnlasian expires � � emits . i s s - 4 Y . , +�,, '"0 Witness my d and official as 11k ® :.a t c 2308 29th St . . Suite 1 . Greeley ,, CCU 8O . ;. tt elia'1/4 r. •, °',. .4 tL _�.__,®. _ .. •” sass ' _ .kJ e , 'iR Na.'' �t ua—Pun Daft ell an banes—an'tr i relaistabtar Oft. Vii- 1 Otis' *bat Oak erltita —301144 SI ,D , Inc . LG 3KL13209 WE 2D366'7d -19S5 . OO1 summon ammw 1152 RFC 02094753 04/ 07 / 87 10 : 07 $ 3 . 00 00 AR2044753 F 0364 MARY ANN FEtJE:RWrEIN CLERK & RECORDER WELD CO, CO OCED OF Q ESTRIBUT I ON OF PERSONAL REPRESENTATIVE THIS DEED is made by Gloria J * Giffin as Personal Representative of the Estate of Roy E . Reeves , also known as Roy Everett Reeves , Dec€ ased, Grantor , to Gloria J . Giffin , 1314 11th Street, Greeley, Colorado and Gregory Roy Reeves , 449 West Shafer Avenue , Pierce, Colorado , as tenants in common , Grantees . WHEREAS, Roy E . Reeves , also known as, Roy Everett Reeves died intestate at. Greeley, Colorado on August 4 , 1980 ; WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld and State of Colorado , probate No . 80 PR 219 , on September 5 , 1980; and is now qualified and acting in said capacity; and WERE , the Grantees are determined to be the persons entitled to distribu - tion of the hereinafter - described real property, and Grantor is authorized and directee to distribute the same to Grantees . NOW, THEREFORE , pursuant to the powers conferred upon Grantor , by the Colorado Probate Coder Grantor sells , conveys , assigns , transfers , ona releases to Grantees as tenants in cocoon , the following real property in Weld County, Colorado . The Northeast. Quarter- ( NE/4 ) of Section Twenty ( 20 ) , Township Eight ( 8 ) North , Range Sixty-six ( 66 ) West of tree 6th P . M . The South 4al f of the Southwest Quarter 0/2SW/4) of Section Two ( 2 ) , Township Eight (8) North, Range Sixty- six (66 ) West of the 6th P .M . The Northwest Quarter ( N14/4 ) of Section Eleven Ill ) , Township Eight ( 8 ) Nortf , Range Sixty- six ( 6G ) West of the 6th P . M . The Southeast Quarter ( SE14) of Section Four ( 4 ) , Town- ship Eight (8) North , Range Sixty-five ( 65 ) West of the 6♦6h P' M , The Northwest Quarter ( NW/4 ) of Section Ten ( 1Q} , Tale- ship bight (8) North , Range Sixty- five ( 65 ) West of the 6th P .M , The Southeast Quarter ( SE/4) of Section Eleven ( 11 ) , Township Eight ( 8) North , Range Sixty-six ( 6 ) West of the 6th P . M _ with all appurtenances , subject to I . All easements , rights-of-war, conditions , covenants , reservations and restrictions of record ano as existing on said property. Execu to a t rr i s _ ,ti day of ` , 19 . r� e t .v7 •� jam■ r } l' :' t `,�_, . �p .. G or i a d . G i€ nc / �, Personal = ttht &;:rn::s , R, c'" : BDeceased. .Dece as ed. %yr ■ r�gtElitEr SeCOLORADO ) ss COUNTY 'OF WELD ) The foregoing ins rurent was acknowledged before me this 24,44,01 day of 19 , by Gloria J _ Giffin as Personal Representative of the Est. �e of Roy E . Reeves , a/ k / 4 Roy Everett Reeves , Deceased . Witness my hand and official opal . My Commission Expires : 4 -Ma --,� dirt' notary Public r SOLD , Inc . LG SKL13209 WE 209475.3-1987 . 001 1 • 1202 BBC 02147894 07 / 13 / 88 11 : 04 $ 6 . 00 1/002 AR21t17B94 ' 1063 NARY ANN PEUERSTEIN CLERK i RECORDER WELD CO , CO 'Sc)- CHifirtalLOVADOCCI -CD 4 THIS DEW vi is c a -a.Yann. ci thf fee property described Slot. inclurilrbit soy etrinowernetris E�� enct lithe e.Y1J�y. sp{� �a�.�ItJ�r ISO Item 7yelpidinppi.'.d,,i l�s).corperai.ianicl .pr,rtnn 1i '.Lorattar t�i.ry Me)woad Wcww GAMMA to the Admen.,to 04 5MI Min) ri d D400. es GRANTEE. TM GRANTOR Nifileal iplli $hd WIVES the property to the GRANTEE and i w GRANTOR warrants NU Odle to the property. tam for 10 y the lien of the general property lase for lbs year al this dad. wat'lah the GRANTEE will pat al my e p4msrks and risible-at-way show) 00 *CO'td aI any palwl ride vations and esteptione 444 any oratwoding ni4rierel lellweits steini III MON (5) any p milective cone snit aril is.lrici'ont shown al trVOIdE an Om any fldclrrotfl MOWS M'iOwn Wow wider "Aaddeemel Ifiartrsrtty E.r coot i ans. rho Speak Team of Me Dam Are: Grantor: min ran e r al trod plata MO l t O mil Cara i f Ms I POuss SI IS a rarM -y*MQt 4 jilairl. 01 WI-DM foe Soli*la Iniliad daphies Sib frame* a ri paeie she le.l GLORIA J . GIFFIN AND' GREGORY ROY REEVES - AS TO PARCELS = 1 THRU #7 449 SCHAEFER PIERCE . CO 80650 Grimier Ohm eameal sod ndr.Y(ai enitnant a! Inniairig fsl .: raid m ens Any, * sow GREGORY ROY REEVES . AS TD PARCELS 1 TRW,' 7 449 SCHA FER .. PIERCE , CO 80650 Foam of CrQ, 411 *rnn INS S0'r "'t rietitin find 1M toll be coopidso *tans_- A a aimmeigismns . t �+, a�i TENANCY f arrri itt Olen W OF WIN di of Ii i i Same miming no wad w DO eta-p 1 NL .l O I hi.. 1 Pratt DINNISSFK ilnrltilds county ma miss i State ►tri•n ry Fee SEE te EXHIBITtod °'�'� ._ h)--teed teed FARM LAND ly Addrowit C oreeldura Lmz inn main . arul of a Co ra er vrn o u n t is Optional. selret,uat4 CC+ *N rtel l i n trjar WF►t dist irril be pnanutoplinareal VS 4srinpsnce to a da n.t.in f • qt iJ6 ar, ihu nr !�sq +a JtaY 1' t+r+urri+tiinrrN' M SEVENTY �I � �r r ►� l s� 7 " ° - - -- - 570 , 890 , 00 a N rlsa4ntrkilcet pi tow of l�rrosrrttart a la rs.�.+ . ' MT+*a+1igall i n ttio p!''Oartx w inn?la Man rrrar'.rertn. i!r 4'lrMialliaRfTR]rl 1 NONE E ii r d tr rtritip IS G1�a11e rS tig}tl fin Do prapartyr. mats .a�p/t+¢ttt 1'Dales t w a I S Incept w': nindirtlit Orria ■l nog Nemened and mew eaam wad rtttrife l t A FEDERAL ESTATE TAN LIEN AGAINST ThE ESTATE OF ROY REEVES , N ; DECEASED . IN THE ANOUXT OF $ 52 , 900 _ 06 , RECORDED OCTOBER 31 , 1983 IN c BOOK 1O1I C DCR, RECEPTION NO . 1945354 . WELD COUNTY RECORDS . f Gramm /t 11TH ' Es 86 tr,eru ad by uGrammon �! 'c, # ! cagy 1 w c otpe t11Ae�i, frartnnlr4 p a,r 'moat a clala w lift MIMS _ ` r �y,� Grants r� ,ate Par Ii ■_ t*rtie of Co+ rsrai Ptr�aw1 ip Si' r41a6Gfi11n,�N'i r �.71 � ` �l . � . ' a3r�r l ■Ir — - - eli � sis itiWes S .,14 A -- • i ' rte - b .- era. r :t. 1 Tti JULY ,tri�y - .>� � irrni'! g eeki'" R 't° ROY RE >; 'JE Sr' ra1� r + $ 8 Tom '. 11 i"' i� 1!ti �� QQ1 .7. m• Jr J --rte � t w• 1r %7 - - - — - - - -USN Pe# a �' � . Jwr�(.y� Y; e. �� Y; ' N miluesrlseied beaire Me 164 Sr s . 1* r a'--semidaThers fell OF iteri Ia'isCa rp ndlert.Per aotokilp sr aw IN tag. Me id.tlallil*Saraae ppiatwd or rtbirtttltift4rlEi bi llrfispt tort'er rwuals+ai Millnelf PI ea for a perm rp f &1 p+rrM i 11p; c• 44 Illufth9flited mamas,p,) al —dsH.rrj Mf1TNES3 mrplts, pi*Dine* Nef. _ my osaloshis 40.ipaiti NS aIPS • t 1St ra 'moat,ten Nfl1, St Pa It+o- thin - Grr lYYa'"oaato1IQ' 3! ‘301,1514,11110 (: ::D) , •SKLDr Inc . LG SKIu13209 WE 2L47894- 1988 . 001 E- 1202 NEC 02147894 07 / 13188 1.1 : 04 $6 . 00 21082 . F 1064 Y ANN FEUERSTEIN CLERK i RECORDER CD, CO • EXHIBIT "IA " - PARCEL , I • _ . . The Northeast Quarter ( NE1 / 4 ) of Section Twenty C 0Fl Township Eight ( 8 ) North , Range Sixty-six ( 66 ) West of the 6th P . M . , County of Weld , State of Colorado . t ARCEL a 2 . The South Hal of the Southwest Quarter ( S1 / 2 SW1 / 4 ) of Section I ' Two ( 2 ) , Township Eight ( 8 ) North , Range Sixty-s1X ( 66 ) West of the 6th P . M . , County of Weld , State of Colorado . •f PARCEL # 3 . r a I . The Northwest Quarter CNW1 / 4 ) of Section Eleven ( 11 ) , Township , .- . _ Eight ( 8 ) North , Range Sixty- six ( 66 ) Nest of . the 6th P . M . , . . County of Weld , State of Colorado . _ PARCEL * 4 ti_ The Southeast Quarter ( SE1 / 4 ) of Section Four C41 , Township Eight ( 8 ) North , Range Sixtrfive ( 65 ) West of the 6th P . C . , . . County of field , State of Colorado . - PARCEL # 5 The Northwest Quarter ( NIc1 l 4 ) of Section Ten ( 1 Q ) Township . . Eight ( 8 ) North , Range Sixty - five ( 65 ) West of the 6th P . M . , County of Weld , state of Colorado . PARCEL 46 I '. The Southeast Quarter ( SEI / 4 ) of Section Eleven ( 11 ) , Township: - ' Eight ( 8 ) North , Range Sixty - six ( 66 ) West of the 6th P . M . , _ , - County of PARCEL 43 • One-half ( 1 / 2 ) interest in and to the Southeast Quart:.r ( SEI / U ) Eight ( North , Pange of- Section Twenty ( 20 ) , Township g ' Sixty-six ( 66 ) West of the 6th P . M . , County of Weld , State of Colorado . • • -, -- , - - - i _ 1 - t- 1 . t - :: SKID , Inc . LAG SKI 132 09 WE 2147894-1988 . 002 t - Sillterrilpielt data B 14211 RFC 01.171144 03127 / 94 15 ; 46 $ 5 . 00 1 / 001 Rec # ben , z 0975 MALY Aa*1 F'lUERSTEIM CLERX s RECORDER WELD CO , CO oat Thus DEED it a tom-twice tr ≥rn the individual45), corps at.r+vn4s) Par Qum entit Plies) narned below as CritANTOR the indMMadualftI or rentity( Ee0 named below as GRANTEE of whatever Interest the CRAN "OR may hate in the real[ ,prep °1w d2lcrnbed beln+� The GRANTOR Eby sell' and quit ckainn 1e the GRANTEE the teal property disc# bcd below with aId ot5 appurtenances. The 'Pied tit terms of phis deed are: rentort Idi*e nS(i) rands c$rskC of resile,nct: P1 shy 11p4uaa 01 Ih.Owrwar-qtrarler 'tia1nMa pi nil DWI is moan hemoatte, 11�Mita, +danl pinion at hi'shtrd aM elle.) Gregory Roy Reev ns Gralnler Khans into Nut addra3alOrril. unriarram of addzaa, leciaseixt nimmi@ Mad Or 1►etaial hurnis. is ea latef Greg R . Reeves Term of Co- Don ersniip: 'IMP* kit pe ore Oninfrre-r r+an d+cy will 6e cat7 atom Mnlrrtfl't common imam rata wi rdi "in IC4fb iar9nCM` 'Da *CFOS CI M4Pi1rr.>r msonl t aft Set In MS spits Wool l Prep DeKripiktau amiss county a. .u•to Township 8 North , Rohe 66 West of the 6th P. M. Section 2 : SkSWt • Section 11; SEk, M Section 2iGt NEk, undivided one-half interest SEk Township 8 North, Range 65 West of the 6th P ■ M,. Section 4: S Ek Section 10: AU in County of Veld , State of Colorado 4 a warmer, Adervia4, n 6 a iarsialn1af triclionz: (km* pta l-4rO1A Frvlendj lc warm ow ;rtterwlf in Irnfpll3afpiM7y Qr 10 wurivw Ica Monti'on 1d u 5 me OR4v:fff la nVricirnrfl itra ORANTEt3 rrghta M lame oroosray. man worries lmdiratie+r:j a 3 ileCUre fay Me Weiler Oil `, atkaM: 2 9 , 19 - ki*• marl.. #er Cava - #n, pervi PrlR+a 04 Aintsi n: Spam - Sr lad l: • tome 04 Gunn* Cialgaii. P.snwe ae tr+arzeeases Caner I, , �- %k C, port la R a s — — r1 L it) it ttGaiWii• mum _STATE Q'F COLORADO I d h. ,'�a� COUNTY OF n Ir 1alifpeng Mrliri'Jliuiu Iii1i areet00000phi MI as at Nr Pt2t , L `. Peeteers waTNiss� real Plena anima da Mr cc+w+,claMun alrarn►.: 5.4722719 ' �' ' spin Publii • STA tEat - COUNTY OF mg. °gcr9o+nii muumuu t h 4 eh memeripmearl calory ow Apra ea r ee �ry t- none.►W-ssiaPG4'a■*ut9if ilio.. iietnnirn .r Carl musieQw sip na+i¢+'AmitKNAitsc*iRan i Mort gliechly1trentar ,rate*$f .._ n4ansen. $iarwor alialaR$ *strain err Ali cO pMsliela 0' n D#r1�M+rii e' ldaria'f•aeinao 0r a1 noncomto orte arcr tit o Idiot 1401% An 1 PC: 5 rrrr Plead +we tal'11ere1 MS Hr a si irreaa sa mime: • MSS MAiN I ,lie u0+oit'a kRINA1. WWI WS Pi U. Sag Mb. - Ureantr, eafr emtlo socr 13531 :L'Si-1944 no in: sicLip , Inc . LG SK113209 WE 2371144 -1994 . 001 15091 ill - j...�f$'"" =.._ M� RECORDED Exs �JRI�� I^4r ! o. �wis,.a{� /�IyL f �� 'till «+n U rr$ ZS' # seesaw. se.-54r ItI 1 -Ut' '••'T•"`� �"" BE•NG a.tATEU WITHIN T-IE SQJT11 CINE—'A1_- OF THE S0LT�I ONE-1-Air' DF 0 � a.�+■Yyorabw I SECT,ON 2; TOWNSH. P s, NOR t H, RANGE 66 WEST OF THE SIKTH PRINCIPAL MERIDIAN. 4 € _grid COUNT" or WELD. 'STATE or COLCRAD•['. I i I g k i Jai 4rota Mkt ,a sr Amen terse n t� ion* Is s Lla+Es is a iatnnT is Tarn ao iI5°"IiirsilinHILD:::::i MK=- et2 di . IOW WIN W. L7 3f77S „ iwav al eat or* one tru ��r OO mela•'tlLM I a1a lna man tsa.0� a h L bar �r SCSI874 IMO OW PA. -Rant - n 7 m lac moo PM *MT "'�"'�'• email - ; a invite a aiT1.T - - ._. d iYV s/a1Ar F _-. ,, �I cats s Wink 2Ma�a a. rn.a ear*it sir eV. M1/46" cow Tp iq es I �r MI •••••••••9 Pa R an t WA Ingle age/. biai 5IMWT ORa�yi ti al .Rae /PP I f. - - CLIFF Si? $ Ii .1 �ll F ;Y cis I ' iyyy ''�k A .'?.,�a.s .�" I Ai I G c r-.• to* i e' !a Ca it I re • II II ' F r.w Iasi-,I 4e z1l � i t,a fit!P^l ■4 l 7 1T arr.. ■[4 �� I•e-i .8 1 - 1- CAP- ,a�i ar�nnir�= ter ' - -'� - Wine" .MA t' ifs ( ,a.a-;u- , sM„+' t i Rf�1,..�,... r MI kb PA —a We .fir aratl rata, w �•�w+.ary w• - � _,..,fa�A4� �f]=9 n " In aalle. !flu". i ek"- 4KYairq l4Eio CGUAJ TY ROAD 96 I4_ '�;a" mar 2Eel H2,.SN 0 )° aiiarictL l•°illun (c' part-tot-lte) aNLr.i Ma aireirta®a SW.I sar1 at allI A aw'o. :..I r.n vaar,wa alas- 1/.? z M o Z Tr � SU means _mrarannr11- ."ll!I$T _W- ICATE4 L�ILalrSe ^Er' �: y s fl? wa Mina.m sae ro ... .ammo. lea a . .....�.._____ MC .L. in s.MI ar+ -. ..}■ we as i an u we wan.ails•.at iaalil LM �a a R UDC Ill a if d1 Y O. 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'AI w• rwn..e. .w�TIflS,W a.).9i;.w. •.v IOW la`ape o1°li 4i p-aa°w,wva.an ivar�R IFS H'.dirt! liar it � -w I 1 v r '' . qr. �.iq • w. iiii'MMM�..-..'anal • - yt, :vK_-w.r- o ..-.._ Ye O.f i2t a/� tea WI !Wl.ilR 2• YRir•►a o !r�alKflr' ,a Lail.d•.- NaI"a Acianala 2 'Y n : . Aida K' .. Y...-�P!' i .f-- d'1 t17~I. pl�aalw t•I a a. ..r�al.. .ef reK E,-arw avilig al. coca Wok a-aanv ate. P s�aa•, w Pal Pwi K•E1.1 M. mr in.1ta, BY.a .far w R nor t.�a oM1R-e 4 a MK, .-••WO x w Pr ■ Yt•a .r• , ,n t ea• r _ Da •aR 7 aao -i oar.w -a.� r occur it r u -a r wain - R M TwL a rat GRIPKL^ B.,AIE : +'�. e�a7Yia'+=r.Sae 4,Ora •...�n r I r DP Y++s .a :+. a� .. �' a � lea '�xa z�'' IG ar�tr�,,=urn 1■ .•tea.n urn wHr raisaw a■Tau�a.m '� -_- ` ` ^ra a4aw .1"701-27 s� ... -•Ln•• .• •y. -a.n r igafrawGY/i S.IIaR a aW'M#Femus taffornufa loOtt 1/4-9•001 �. iRAP' ... me* n maaai .r91 '- �. or '.amome B� ! M 'air w ot.- arias wr,, i,r team bow So& Pie Tan an our MX um iw�rsnras a nr run.aria wa-!.w aea a oeala 1 tai_o INEWM " c.rrs.v .. ..roo ' 's wa� Tr4:e o Iwt.o%-Ga'•2e- :1 H r-, w w a_n�.e, • w.-�•+•.awl r ..r .w elan -.Mw maw•. bra-a.. [•—T ,t wauii4wa s Las1a.nann •n x-H. al it ii i t r ROOF : ova._ 't dF�O.i1- 'a, -. l•Ya-..- MT SP aa.. ...;;.w .q....a.la-y. ar-P. ee•-%ae Y ' e■j ..eafaa wa� >�e sac atr-e-t,. L i.r- Mt "tame lew:71 Ds arw. a We a�aM Iew, a wsa o .nri•>?•_« a •a �yti�. . 7. cie� S um, macS.*N L • I .asi. .i. - ..a snit .rim .na. Au >n war mien re w the sec r. r R YY a i if-Y-iw �.i low Sub Ili a vas fit- ��y fit FA PPP. • 61.1 i t� •a! . - - _ - - a/ 3928180 Pats ; 1 of 5 94 /29/2013 aZ : ZS PM A re* ; $31 . ee 0 Fe* $43 - 00 Stave HQr Clerk end Recorder Wald County , CO VI PJPjMTJI9:* (ialiVal ISMS 11111 E X EMI PT BARGAIN AND SALE DEED ( Weld County ) KNOW ALL KEN BY THESE PRESENTS , That PATRICIA APRIL DEPLAZES , also known as PATTY D . REEVES , also known as PAS DEPLAZES REEVES , also ,known am PATTY DEPLAZES , whose mailing address , for purposes of this Deed , is 204 7th Street SE , Minot , North Dakota 58701 , c f the County of Ward , State of North Dakota ( " Grantor " ) , for the consideration of Ten Dollars ( $ 10 . 00 ) and other good and valuable consideration , In hand paid , hereby sells and conveys to GREG R . REEVES , whose mailing address is 47080 County Road lie Nunn , Colorado 80648 , of the County of Weld , State of Colorado ( " ®rarnteetl ) , the real property situate in the County of Weld , State of Colorado . which is legally described as follows : Those certain thirteen ( 13 ) parcels of real estate which are legally described on Exhibit " A " attached hereto and incorporated herein by reference . Reservation on of Mineral Rights . Grantor expressly excepts and reserves unto heraelf , and her heirs . Personal representatives , and assigns , forever , all oil , gas , and other minerals and mineral rights which are owned by Grantor on the date hereof and which are located in , on , or under the surface of the parcels of real estate being conveyed hereby . signed and delivered this Jt t-i� d.a ' f t _ ,i 1 , 2013 gip ` r !" f . PA RI A ` APRIL DEP ZE : , also known as PAS D . REEVES , also known as PATTY DEPLAZES REEVES , also sown as PANTY PEPLAZES S STATE OF COLORADO ) ss . COUNTY OP LARTMER ) The foregoing instrument was acknowledged before me this # _ day of April , 2013 , by PATRICIA APRIL DEPLAZES , also known as PATtY D . REEVES , also known as PATTY DEPLAZES REEVESr alano known as PATTY DEPLAZES . WITNESS m 1ti 4 and. official seal . My c o ex f * ass41/4 ke wr+3awNe I7/ IOC LL IQ" Afilearfresacire----a z5 \\.. (b ezt Notary Public ear S%,,JAfl0t asi. , .. ma .qtr R FON&& , : • Jo trrsa 4,fi/li li ) �� 125 SOUTH H0WES, 6TH FLOOR POST OFFICE BOX 2:67 FOaT GOWNS, CO 20522 IMO , Inc . LG SxW. 320 9 WE 3928180-2013 . 001 3928180 Pages : 2 of 04/29/2013 12 : 26 PM R F.c $3L00 D Fee : , 0I Steve Moreno , Clerk and Record ' Wild County , co IIIMit Nio HI IMIMMITSAling 11111 EXHIBIT "A " ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL PEPLAZES ( " GRANTOR" ) AND GREG R . REEVES ( " GRANTEE " ) LEGAL DESCRIPTIONS OF THE PRQPERTI:ES CON' TED HEREBY PARCEL 1 : Lot 1 , Block 7 , DDS CROSSING SUBDIVISION , County of Weld.. , .State of Colorado ( Street Address : 2115 70th Avenue , Greeley , Colorado ) PARCEL 2 : Tract 1 : Lots 17 and 18 , Block 8 , Cave and Priddy Addition , Town of Piercer County of Weld , State of Colorado , Tract 2 : Lot 19 , Block 8 , Cave and Priddy Addition Torn of Pierce , County of Weld, State o. f Colorado _ ( Street Address : 426 East Main Street , Piercer Colorado ) PARCEL 3 : Lots 13 , 14 and 15 , Block 8 , Cave and Priddy Addition , to the Town of Pierce , county of Weld , stag, of Colorado . ( Street Address : 440 East Main Street , Pierce , Colorado ) PAR!CE ► 4 : Lot L , Recorded Exemption No . 0553 - 02 - 3 -RE - 3857 recorded November 23 , 2004 , at Reception No . 3238029 , being located within the South 1/ 2 of the South 1 / 2 of Section 2 , Township B North , Range 66 West of the 6th Principal Meridian , County of Weld , State cat Colorado (Vacant land , no street address assigned ) (RP&C 4 / /1/ 1,3 — 2 - SKID , Inc ., LG SXL13209 WE 3928180 - 2013 . 002 3s2siso Pales . 1 of 5 04/29 /2013 6, ! 26 t1 4 Per. : $31 . .ee D Fee : $0 . 00 e . 0e St41u.0 Moreno Clerk and Reddrdyr II4+! ld CountyCO BD rJrtvL' aI+s *i FiaYMIVIR X1,0 hilAi IN n PAGE 2 TO Err MA 's ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ( "GRANTOR " ) AND GREG R . REEVES ( " GRANTEE10 L EGA DES CRI PTIQS 4F THE PROP 'I S CONVEY= HEREBY ( Continued from Page 1 to Exhibit " A " ) 'ARCM 5 Township El North , Rang. 66 West of 'the 6th P . � Section 11 ! g1/ Rl1 /4 , S1 /2 , County of Weld ) State of Colorado . (Vacant land , no street address assigned ) PARCEL 6 : Townahtp .. North, Range 66 West of the 6th P . M . Section 13 : W1 / 2 ; County o € Weld , State of Colorado ( Vacant land , no street address assigned ) PAC L 1 $ T a it S North, Range 66 West of the 6th P . M , Section 201 S / 4 ; County of weld , State of Colorado . ( Vacant land , no street address assigned ) PARCEL 8 Lot B of Recorded Mxemption No . 0301 - 31 - 2 RE - 33334 recorded September 10 + 2003 , at Reception No . 3104875 , being a part of West 1 /2 of the Northwest 1 / 4 of Section 31 , Township 10 Worth , Range 65 West of the 6th P . M . , County of Weld, State of Colorado , ( vacant land , no street address assigned/ ( Tina 4/ f./fl ) 3 - SKIM , Inc . LG SKL13209 WE 392S180 -2013 . 003► 3928x80 Pages : 4 of 5 04 / 29) 2013 12 : 26 PM R Fse : $31 . 00 a Fee $4 , 00 to. Mpr ern, Clerk sed Recorder , Weld aunty . CO rale littratiA: MAC* Walt PAGE 3 TO EXHIBIT "A " ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ( " GRANTOR " ) AND GREG, R . REEVES ( " GRANTEE. " y LEGAL DESCRIPTIONS OF THE PRQPf TIES ccNVETEp HEREBY ( Continued from Page 2 to Exhibit " A " ) PARCEL 9 : Lois A, B , C , and 0 of Recorded. Exemption NO . 0455 - 06 - 2 RE - 4524 , according to Map recorded January 25 , 2007 , at Reception Nom 3451161 , being a part of the Northwest 1/ 4 of Section 6 , TOwnship 9 North , Range 66 West of the 6th P . M . , County of Weld , State of Colorado . ( Vacant sand , no street address assigned) PARCEL 1q Lot C of Recorded Exemption Na . O453 - 17 - 3 RE - 2119 , according to Map recorded June 23 1990 , at Reception No . 2621419 , being a part of the East 1/2 of the West 1/ 2 of Section 17 , Township 9 North , Range 67 West of the 6th P . m . , County of Weld , State of Colorado and Lot B of Recorded Exemption No , 0453 - 17 - 3 RE - 4924 , according to Map recorded September 8 , 2009 , at Reception No . 3647379 . being a part of the West Half of the West Half of Section 171 Township 9 North , Range 67 west of the 6th P . M . , County of Weld , State of Colorado . ( Vacant land , no street address assigned ) PARCEL 11 ; Township 9 North , Ra . nge 67 West of the 6th Pam . Section 26 : E1 / 2W1 / 2 , Wi/ 2E1 / 2 County of Weld , State of Colorado . ( Vacant land , no street address assigned ) ( MT&G 4) 11/ 13 ) - 4 - SKLD , Inc . LG SKL13209 9 WE 3928180-2013 . 004 392818® Pages : 5 of 5 0 , 0e 841" 9/ 2613 i2 : 28 'h R F ee : $i3 t . 0 0 Fee. itiiikiLW ave ecorder , d Coup it , PAGE 4 TO EXHIBIT " A " ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE FEED BETWEIN PATRICIA APRIL DEPLAZSE ( "GRANTOR " ) AND GREG R . REEVES ( " GRANTEE " ) L$M T $ $ R FBION6� F TEE _ PROMRTIES CONVEYED HERESY ( Continued Iron Page 3 to Exhibit "A " ) PARCEL 1 2 Torshf 9 North , lama, 66 West of the 6th P . M, Section 341 N I /4 ; County of Weld , State of Colorado . ( Vacant land, no street address assigned ) PARCEL 13 ' e► f t3 �, x+ a 6 ' West cif the 6th P !_11 Section 34i Wt / 2NW1 /4 , SW1 / 4 County of Wald . State of Colorado . ( Street Address ; 9378 County Road 124 ‘ Carr , Colorado ) HY&G 4 11 / 13 ) - 5 - SKILDI Inc . LG SKL13209 WE 39281 'aC _ 2013 . 005 4305031 Paget : 1 of 2 05/25/2017 i ; 12 PEI 8 Fee : $18 .41111$1S .t1i D Fay , SS Carly QC s , Clark and Ricordav , Mold tya,, CO _IN jN r"id 'IiL C r ��,i �t .ini PERSONAL REPRESENTATIVE'S E'S DEED (Testate Estate) THIS DEED is made by Katlyn H1 Fitzgerald and Kelly F. Berndt, as Co Personal Representatives of the .state of Greg Roy Reeves, also known as Gregory Roy Reeves, C regory R. Reeves, Greg R. Reeves, and Greg Reeves, deceased, Grarttot ,, to Kelly F. Berndt, Grantee, whose address is 858.5 Citation Drive, Wellington, Colorado 80549 , County of Lar ,riser, State of Colorado. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated September 11 , 1987, which Will was duly admitted to formal probate on June 2, 2016, by the District Court in and forLarirner County and State of Colorado, Probate No. 2O16PR30295, and the Grantor was duly .appointed Co- Personal Representatives of said Estate on June 2 , 2016, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assists, transfer and set over unto Grantee, as the person entitled to distribution, the following described real property situate in the County of Weld, State of Colorado: Lots A, B , C, and D, Recorded Exemption No, 0351-02-3-RE-3857 recorded November 23,. 2004, at Reception No. 3:238029, being located within the South 1/2 of the South, 112 of Section 2., Township 8 North, Range 66 West of the 6th P.M. , County of Weld, State or Colorado. (Street Address: 47080 Weld County Road 33, MIER, Colorado) With all appurtenances subject to taxes and assessments, for 2016 and subsequent years, and easements, restrictions, rreservationt , and rights-of-way of record.. As used herein, the singular includes the plural and the plural the singular . Executed this 19th day of May, 201?. ESTATE OF GREG ROY REEVES, ALSO GREGORY ROY REEVES, GREGORY R. REEVES, GREG It REEVES, AND GREG REEVES, DECEASED By Katlyn 1 . F.itzgerald ,. Co-Personal Representative Kelly F. Berndt, Co- ersonal Representative AFTER RECORDING, RETURN TO: Wolfe, Van Ackern & •Cuypers LIP F00S Centre Avenue Fort Collins, CO 80526 SEW Inc . LG 2KL13209 WI 4305036-2017 . 001 , 4305036 Pages ; 2 of 2 05 / 75/`20i7 01 : 10 PM, R Fe : $16 . 01 Q Fun . DS liii l1GIt pps Clark and Recorder , Weld County , 0 ail itl 'I III rh' ii Si �' 1 I dnWu 11111 STATE E OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 19th daffy of May, 2017, by Katlyn H. Fitzgerald, as Co-Personal Representative of the Estate of Greg Roy Reeves, also known as Gregory Roy Reeves, Gregory R. Reeves, Greg R, Reeves, and Greg Reeves, Deceased . Witness my hand and seal, er°4.111;11'1 No . . 1 Pu ,T1c Oiragw Slatten Notary Public STATE OF COLORADO ) fiats or cataract NotQpy ►D 1 987 41 67732 ) $S. ..,'y, i,,,irnm cion �IDIr Fa ru y' 7, 2020 COUNTY OF LARIMER - ..�u-M _ i The foregoing instrument ivvas acknowledged before me this 19th day, of May , 2017, by Kelly F. Berndt, as Co-Personal Representative of the Estate of Greg Roy Reeves, also known as Gregory Roy Reeves, Gregory R. Reeves, Greg R. Reeves, and Greg Feeves Deceased . Witness my hand and seat. kiatiti i _ - lJ-a a..__, 101A : -rl - - - Ginger &atton Nom Public state of Colorado Notary 1019814, 10732 732 My Commission Exprres February T? Std , Inc . Lc 5K113209 WE 430503S - 2017 . 002 Hello