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HomeMy WebLinkAbout20190342.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0145 - RON AND HEATHER GARTRELL 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, RECX18-0145, was submitted by Ron and Heather Gartrell, 11360 County Road 4.5, Fort Lupton, Colorado 80621, for property which is located on the following described real estate, to -wit: SW1/4SE1/4; being part of Section 6, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, 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 two parcels, as shown on the plat known as Recorded Exemption, RECX18-0145, 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 parcels estimated to be approximately 19.09 acres and 17.58 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Ron and Heather Gartrell for Recorded Exemption, RECX18-0145, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. All septic systems must be located on their respective lots and meet all lotline setback requirements. The applicant shall submit a drawing of the existing septic system in relation to the proposed lotline to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. B. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated November 6, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. Cc. PL. (MN/TP), APP►. 21211ta 2019-0342 RECX18-0145 RECX18-0145 - RON AND HEATHER GARTRELL PAGE 2 C. Lot A shall comply with the two and one-half (2-1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1305-06-4 RECX18-0145. B. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, or Commercial/Industrial). Public Works will review access locations as a part of the plat submittal. C. County Road 49 is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which typically requires a minimum 140 feet of right-of-way at full buildout. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the map. D. County Road 24 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of - Way as "CR 24 Section Line Right-of-way, not County maintained." E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 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 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms Chapter 23 in accordance with Subsection 23-6- 10.C of the Weld County Code. 2) Any future structures or uses onsite must obtain the appropriate zoning and building permits. 2019-0342 RECX18-0145 RECX18-0145 - RON AND HEATHER GARTRELL PAGE 3 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 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, Articles 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) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 8) 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. 9) 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. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. 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, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering 2019-0342 RECX18-0145 RECX18-0145 - RON AND HEATHER GARTRELL PAGE 4 of stock animals. The State 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 State Division of Water Resources issues all well permits. 17) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural 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, County Facility Fee and 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) The Weld County Right to Farm Statement, as it appears in Section 22-2- 20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 4. 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) 2019-0342 RECX18-0145 RECX18-0145 - RON AND HEATHER GARTRELL PAGE 5 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 of approval by the Weld County Board of Commissioners. The applicant shall be responsible for paying the recording fee. 5. 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 Resolution of the Weld County Board of Commissioners was signed, a $50.00 recording continuance charge shall added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL'RADO ATTEST: XL•el Weld County Clerk to the Board Deputy erk to the Date of signature: 1/23/19 rbara Kirkmeyer Chair Mike Freeman, Pro -Tern Steve Moreno 2019-0342 RECX18-0145 PLANNER: CASE NUMBER: APPLICANT: REQUEST: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Maxwell Nader RECX18-0145 Ron and Heather Gartrell Two -Lot Recorded Exemption HEARING DATE: January 21st, 2019 LEGAL DESCRIPTION: SW4SE4; being part of Section 6, T2N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1305-06-0-00-006 PARCEL SIZE: Lot A: +/- 17.58 acres ZONE DISTRICT: A (Agricultural) Lot B: +/- 19.09 acres WATER SOURCE: Lot A: Well Permit # 80732 Lot B: Proposed Well SEWER SOURCE: Lot A: Septic Permit # SP -1800253 Lot B: Proposed Septic NARRATIVE: The applicant is proposing a two -lot recorded exemption on the property above. The size of proposed Lot B does not meet the minimum acreage requirements of being greater than thirty-five (35) acres net per Section 24-8-40.P of the Weld County Code. Additionally, the property receives access off of County Road 49 by an access and utility easement, Reception No. 1627199. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P of the Weld County Code, states: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." Proposed Lot B will be approximately 19 acres. However, the minimum size of the larger lot of a recorded exemption (Lot B) cannot be not less than thirty-five (35) acres net. This proposal does not meet Weld County Code Section 24-8-40.P. The applicant was aware that this Recorded Exemption case would be recommended to the Board of County Commissioners for denial and chose to proceed with the request. They acknowledged the recommendation for denial and request the requirement listed under Section 24-8-40.P be waived. RECX18-0145 Page 1 of 6 Based on the owners' request letter, their goal is to split the property roughly in half. The owners stated they were told by the Weld County Planning Department before purchasing the land, in May of 2018, that they were eligible to divide the 36.66 acres into two pieces of land. There is no formal evidence documenting this conversation. Additionally, Weld County has approved seven (7) recorded exemptions within one (1) mile of the subject property. This subject recorded exemption is consistent with the previous recorded exemptions in which numerous forty (40) acre tracts of land were created in approximately 1973, were split. The most recent recorded exemption was approved November 6th, 2007. This will be the first recorded exemption on this parcel. Other options do exist in the Weld County Code to permit one additional home on the property. Such as a Zoning Permit for a Secondary Dwelling (ZPSD) or Use by Special Review (USR). Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. All septic systems must be located on their respective lots and meet all lot line set back requirements The applicant shall submit a drawing of the existing septic system in relation to the proposed lot line to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. B. The applicant shall attempt to address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated November 6th, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1305-06-4 RECX18-0145 B. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, or Commercial/Industrial). Public Works will review access locations as a part of the plat submittal. C. County Road 49 is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which typically requires a minimum 140 feet. of right- of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the map. D. County Road 24 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of- way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 24 Section Line Right-of-way, not County maintained" E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. RECX18-0145 Page 2 of 6 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 -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 is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 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) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) 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. 9) 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. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. 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, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. RECX18-0145 Page 3 of 6 14) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 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 State Division of Water Resources issues all well permits. 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 Program. 19) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 20) 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. 21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from RECX18-0145 Page 4 of 6 tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. 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 administrative review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 -month period. 6. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be RECX18-0145 Page 5 of 6 forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: January 4th, 2019 Maxwell Nader, Planner RECX18-0145 Page 6 of 6 CASE NUMBER: RECX1S-0145 APPLICANT: RON AND HEATHER GARTRELL PLANNER: MAXWELL NADER REQUEST: TWO (2) LOT RECORDED EXEMPTION LEGAL DESCRIPTION: SW4SEIJ BEiNG PART of SECTION 6, T2N, R64W OF THE 6TH P.M., WELD COUNTY, CO LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 24 1/4; HALF A MILE EAST OF COUNTY ROAD 49 VICINITY NI ZONING is CR 3 R? wzR22 Z=re k Zcns Rz Zsre w3 cep \ d zR 24 Zrine: R-1 zR 20 r1 CR 2 « Zone: PUD T-- � E / viticr EXEMPTIONS R 3494 LTA RE -3042 LOTS RE -2979 L TB RE 3504 L TA RE' m4 LOTS RE 339'1 LOT C RE- al«D LOT AMRECe L TA RE- 3 1 L TA R E 2.3E0 LOTE R 2§f c2 RP EC TED L T» RE -2.897 CORRECTED LOTC RE -IS co RE LOT E- 1923 .TE 7 TED RE- 1923 Lc:1.E RE- 290 LCTB LOT A RE -2S 45 LOT RE -2345 L T RE- 37&1 LOTS RE 3 g T RE -3970 STD RED w LOTC NA Imagery and proposed RECX18-0145 The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: it is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P of the Weld County Code: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." Proposed Lot B is 19 acres and does not meet the minimum acreage requirement of 35 acres per Section 24-8-40.P. of the Weld County Code. The owners claim an extenuating circumstance: There are seven (7) recorded exemptions within one (1) mile of the subject property that have been approved on similar thirty-six (36) acre tracts of land. Additionally, the lots are intended to be used for rural residential purposes. Other options exist in the Weld County Code that do not require a waiver from requirements listed in the Weld County Code in order to permit one additional dwelling unit: - Zoning Permit for a Secondary Home Use by Special Review October 24, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 RONALD L & HEATHER N GARTRELL 11360 COUNTY ROAD 4 1/2 FORT LUPTON, CO 806217824 Subject: RECX18-0145 - TWO LOT RECORDED EXEMPTION On parcel(s) of land described as: 8365-A SW4SE4 SECTION 6 T2N R64W EXC W220' & W110' OF SE4SE4 ALL IN SECTION 6 T2N R64W 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: Hudson at Phone Number 303-536-9311 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, Maxwell Nader Planner FIELD CHECK Inspection date: January 9, 2019 CASE NUMBER: APPLICANT: LEGAL DESCRIPTION: LOCATION: RECX18-0145 Ron and Heather Gartrell SW4SE4; being part of Section 6, T2N, R64W of the 6th P.M., Weld County, CO South of and adjacent to County Road 24 1/4; half of a mile east of County Road 49 Zoning Land Use N A (Agricultural) N Agricultural / Rural Residential (ZPHB18-0007) E A (Agricultural) E Agricultural / Rural Residential S PUD PZ-1125 s Agricultural W A (Agricultural) W Agricultural / Rural Residential COMMENTS: The site is east of CR 49 and contains one residence on Proposed Lot A. Proposed Lot B is vacant. Proposed Lot A will be using the existing access. Proposed Lot B will be using a proposed access. Both accesses will be off of CR 24.25. Most of the surrounding properties are rural residential and agricultural lots. Maxwell Nader, Planner I 01/09/2019 RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES' 1555 N. 17T" AVENUE' GREELEY, CO 80631 www.weldgov,com ' 970-400-6100 ' FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT $ iboo - CASE # ASSIGNED: 1LE Lk f er -o k S` APPLICATION RECEIVED BY: P-1/1 PLANNER ASSIGNED, its] _ Parcel Number _L_ a - p - - - O_O (12 digit number -found on Tax, I.D. information, obtainable at the Weld County Assessor's map found at www.weldgcv,com) Legal Description W Section t , Township,' North, Rangetoll West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES NO Is the property located in a floodplain" YES — NO ✓ Unknown Is the property located in a geohazard area? YES NO �/ Unknown FEE OWNERS OF THE PROPERTY: Name: RO+ncxta L. i6 co-." bret 1 Jr, odd he.,e N . Gt�r+rGt l Company: Phone#: Ct'foLP Email: v -cunt -e rnsr . coyti Address : 12. City/State/Zip Code: for}- LA.I.. 4bY C.o tp,Z, l FEE OWNER (con.} or APPLICANT: Name: r�ri Id Czar tic I 1 LJ e._ -41-ffii i` ftte t LClatetreill Company: Phone #; Email: Yon l GCc YY�rI - C�srt1 Address: 114O Goer► Rorad 4k ' �� City/State/Zip Code: Fr.rrt ... ti cm AUTHORIZED AGENT*: Name Company: Phone 4: Address : Email: City/State/Zip Code: Authorization Form must accompany all applications signed by an Authorized Agent Lot A smallest tot Lot B _ Lot C Lot D Proposed Use (i.e. Ag or Res) Proposed Acreage ry, 05 I?. s8 Address I17$& c949 T$D I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all tee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation, Signature, Owner or Authorized Agent to -f848 Date Print: Owner or Authorized Agent Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation rs the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Page 6 RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the weld permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a letter from the Water District, a tap or meter number, or a copy of the water bill. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached." or "Water will be provide by a well Weil Permit ft 12345 is attached." or 'Water bill from XYZ Water Company is attached".1 Lel- A What ?yr®vtdeA bq We pax rnrfir 5 a'l22. L0'1- wait, -prew,„4,4. m wen ry i 040,cd,T LotAWaterSource jfyel,i Mirrnik SVIS01zjPi Lot B Water Source 1,46k Vertrn'w -4- 1 Lot C Water Source Lot D Water Source 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site. a copy of the purchase agreement addressing this item is attached,' or "The parcel was purchased with no water rights.") 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application, (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements.' or "A copy of the existing Septic Permit #1236789 is included with the application.") Lot A sewage disposal Cam' cr PLr m; A- .m, 3P - 1 e Dw`J 3 Lot B sewage disposal 5c,.�y,t1c. '}�.wrynti-- © Lot C sewage disposal e Lot D sewage disposal Page 7 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 # ZPMH-123, two barns, 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.") k)' The pftweeler itAS C v ic, hi ok ie . oa -VICt tine, u cyfaaje I s cr [+- T �ac.coric �erce1 will 9W�'► +AI I lr> �C\ ~I0Usc O6,1 r+ A5 wrl 5. Describe the vehicular access to the new and existing lots? (Example - "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing accesspoint off of County Road 59") £ ch 1cr't Witt have, ti"nei'duto.I clr,vew off of C v-kevin3 road • 25 . T vwt I t 5houre i! c 1.5#h nn at ccc 56 D+ irvt ti -t" t C-12- 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.") T>G t' opeet vv t t 4 be- 5pt to t .i ntb `1'w 0 (2) 1sd .33 mc. lots - 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.") Flat 8. Is there a business or Use by Special Review permit on the property? Y Lam" UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") Page I B WATER SUPPLY INFORMATION SUMMARY Section 30-29-133,IdL, C.R.S. requires that the applicant submit to the County.'Adaquaie evidence that a wafer supply that is sufticiert in tartar of quantity, quality and dependability will be available to ensure an adequate supply of avatar, 1. NAME OF DEVELOPMENT AS PROPOSED 2, LAND USE ACTION 3. NAME OF EXISTING PARCEL AS RECORDED SU1D#VISION FILING CLOCK LOT 4. TOTAL ACREAGE 34o me, 5. NUMBER OF LOTS PROPOSED `� PLAT MAP ENCLOSED ¢J YFS S. PARCEL HISTORY • Phase attach copies of deeds. plats or other evidence or documentation. A. Was parcel recorded with county prior to Jena 1, 1972? 'YES © NO D. Has the parcel aver been port el a division of land action since June 1, 1972? If yes, describe the previous action Q YES LNO 7. LOCATION OF PARCEL Include a map definiatinp the project area and tie to a section corner. 194 OF 14 SECTION TOWNSHIP a &< N ❑ S RANGE ,.,1--k ❑ E PRINCIPAL MERIDIAN: TH ❑ N.M. C] UTE ❑ COSTILLA 8. PLAT Location el all wails on proparty must he plotted and permit numbers provided. Surveyors plat C7 Yes ❑ No If not, scaled hand drawn sketch M4fu O Na 9. ESTIMATED WATER REQUIREMENTS - Ward par pay or Akre het par Yaw 19. WATER SUPPLY SOURCE e7 EXISTNG ElDEVELOPED IgiEW WELLS WELLS SPRING HOUSEHOLD USE N of webs Alf WELL MIMS �rsarr WELL PERLtIT NUMBERS C uttrnk r' serge u io,u nr L.u1- A iirtfwk. 11tr�ey rem DAwsor U loam keoFkeat 7kY 3 I@NIER use o*i i= LOIWaL FOO WLLa COMMERCIAL USE N IRRIGATION N of auu STOCK WATERING ✓f of head OTHER TOTAL of S.F. GPO GPO GPO GPO GPO GPO AF AF AF AF AF D MUNICIPAL ❑ ASSOCIATION O COMPANY O DISTRICT NAME LETTER OF COMMITMENT FOR SERVICE ❑ YES U NO C Derrtti CD rkrptk strata WATER COURT DEGREE CASE NO.'S 11_ ENGINEER'S WATER SUPPLY REPORT ❑ YES F . -ND IF YES. PLEASE FORWARD WITH THIS FORM. (tea nay be requreb hilts our nriow u cornpeead.l 12. TYPE OF SEWAGE DISPOSAL SYSTEM 'SEPTIC TANKILEACH FIELD E7 CENTRAI SYSTEM DISTRICT NAME C7 LAGOON E7 VAULT - LOCATION SEWAGE HAULED TO ❑ ENGINEERED SYSTEM lanaeh a my er eenreeriap iesygr.l 0 OTHER r Aprha: tine must ire t;ulrpiutc f,vl,ere applicable Type or lall , FLACK rN K. No o rersli,kes nr ertAkires. unless E1,:t6alE:rl. C:(IL()If?s1M UIVI`.iit1°,i s: VVJ\IIII :II `:s:a i:; l.'. 3f}] Cnlifrhine Bldg.,. 18,45 Sh# :< : St., Denver, Lul:gads.: PERMIT APPul^_;_1TION FODM { Af idMITTO 9SEGiQUNt- TE-' A PERMIT TO CONSTRUCT A',ELL 6><' A PERMIT TO • TALLAPUMP 1 } Fi EI'LACFP)1EN: rOd i �.NO, 1 OTHER _ T..—�.__ _ (1) APPLICANT- mailing address F33R Or-F-IC"- IJEE CtiJL % DC NOT ':'fFCTE lf7 D-1IS DOLJI — ,f c fi jC fr _. _ f _ Receipt NG. STI.EEi. d.5{ 7 a _ L' asin CITY - j (Si„ te) I—'eFi TELEPHONE NO. — 2-)I This well shall "-1.e us . ..t '.�c: ray as to caus — II ..L;A t ION, O1 ..i3r`k I;EL is ' y s :�;r rights. T, that no irtl k IELf ,'3tt:r G rat • ` ' right or preclude �! ti.,.` do :. ni a ye' tvd W3tr .� E, right from 1 _ l_ '. u ri tiort,. a of the ==`-'-.7." CONDI a l n;y;.t: E APPROVAL i wp Ftn Le—). 'f Prc. WATER USE AND WEL�TA Proposed maximum pumping raw Igpm) era ge annual amount of ground water k appropriated (acre•feet): fh J Number of acres to be irrigated - Pr, pored total depth (feet): r Aquit el ground water is tr be obtained' frcni: designation Sad i.aD WATER TO BE USED FOR: I HOUSEHOLD USE ONLY - no irr+r,,utron {fil .-tritESTIC (1) ( ) INDUSTRIAL lv1 10.1 LIYEtiT OCK {2) t IRRIGATION (6) ( I COMMERCIAL 141 lUtHER 01 (4) DRILLER Street City _ cstatel Telephone No. Lic.:*Ici. A Pl..liTal PE.IREIL ." TO CI1S I i'3, r'?- `-6D 2 jr(3)(b) At�.T S ';•:� ONLY w:-- 1 A TRACT eta? tJ B.CRE ~ 1�1„ti }; �}�{t 'ryJ i'il J.UL' a%L'v_ti L".-. 1 � J .r'CI S Tty / . _ a+a .. ;.?PROVED SOUTH KZ) 20.1' _ 7:131` SECTIX t s. THIS VELL 1,17,;': v , .h R ANC -. J PUMP INS a:':LL— A.IOi5 .'w' ' RUL t Al ) Rt G r si1LA fl xO. `=,pF.L1 .A -'t -'R4 (:•`:±". �_ ) r"` riI 4l' _- .�-i.TE iS,:;JEC _ ' t;.. it k t, -077 E X P I ;RA Tl i`TA .1.-2,,'1 r, t` • 1 f I . , 12 BY I.D. cr c ENGii 'E'jj Scanning Cover Sheet for Septic Permits Permit # G19870082 Permit Type: Health 1 EHS History 1 EHS Conversion History Situs Street Address 11260 CR 49 Situs City, State, Zip Sec/Town/Range: 06 -02N -64W Parcel # 112 digits) 130506000006-85067286 Owner Full Name; Owner Address: Contact Name: Contact Address: MACIAS RICHARD & MARY 155 N 4TH AVENUE BRIt3HTON,OD 80601 Application Status: Foaled Application Date: 03111/1996 Owner Phone #: 303 6591875 Contact Phone# information above has been Verified in Accela by employee noted below December 10, 2008 Date Report ID: EHS00024v003 Page 1 of Print Date -Time: 1211012008 2:57:55PM Awry HSF1O6P.- , -APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM NO. G-870082 WELD COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY, CO 80631 353-0635 EXT.2225 NEW APPLICATION -OWNER MACIAS, RICHARD & MARY ADDRESS 155 N 4TH AVENUE PH Z303).659-1875 BRIGHTON CO 80601 ADDRESS OF PROPOSED SYSTEM PENDING HUDSON - CO 80642 LEGAL DESCRIPTION OF SITE; SEC _6 TWP 2 RNG 64 "SUBDIVISION LOT 0 BLOCK 4 F'TLING. 0 USE TYPE: RESIDENTIAL SERVICES: PERSONS 2 BATHROOMS 1.00 LOT SIZE 36.70 -ACRES BEDROOMS' 2 BASEMENT PLUMBING NO WATER SUPPLY PWELL APPLICANT ACKNOWLEDGES THAT THE COMPLETENESS OF THIS APPLICATION IS CONDITIONAL UPON FURTHER MANDATORY AND ADDITIONAL TESTS AND REPORTS AS MAY BE RE UIRED. BY THE. WELD COUNTY HEALTH DEPARTMENT TO BE MADE AND FURNISHED BY" THE APPLICANT OR BY. THE WELD COUNTY HEALTH DEPARTMENT FOR PURPOSES OF. THE EVALUATION OF THE. APPLICATION; AND THE. ISSUANCE OF THE PERMIT IS 'SUBJECT TO SUCH. TERMS AND CONDITIONS AS DEEMED NECESSARY TO INSURE COMPLIANCE WITH _RULES AND REGULATIONS ADOPTED UNDER ARTICLE 1.0, TITLE 25,.CRS CRS 1973, AS AMENDED. THE APPLICANT CERTIFIES THAT THE. P'ROP'OSED SYSTEM WILL: NOT BE LOCATED WITHIN 400 FEET OF A COMMUNITY -SEWAGE SYSTEM.. THE: UNDERSIGNED HEREBY CERTIFIES THAT ALL STATEMENTS MADE, INFORMATION AND REPORTS SUBMITTED HEREWITH AND REQUIRED TO BE -SUBMITTED BY THE APPLICANT ARE, OR WILL BE, REPRESENTED TO BE' TRUE AND CORRECT TO THE BEST OF MY. KNOWLEDGE AND BELIEF, AND ARE DESIGNED TO. BE RELIED ON. BY THE WELD COUNTY HEALTH DEPARTMENT IN: EVALUATING. THE SAME- FOR PURPOSES OF ISSUING THE PERMIT APPLIED FOR HEREIN.:.I I FURTHER UNDER- STAND THAT ANY FALSIFICATION OR MISREPRESENTATION MAY RESULT IN -THE DENIAL or THE APPLICATION OR REVOCATION OF ANY- PERMIT :GRANTED BASED UPON SAID APPLICATION AND IN.LEGAL LEGAL ACTION FOR PERJURY AS PROVIDED BY LAW. APPLICATION FEE 1150.00 REC' D BY RECEPTIONIST AID DATE 04/27/07. RICHARD MACIAS ` 04/27/B7 OWNER/AGENT SIGNATURE • PATE ORIGINAL -APPLICANT; COPY-WCHD- WCHD-EHS MAY, 1984 wIllillrY WELD COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES 'SITE L" V A LU A T t O N 0 ++ n c c Ili k nl4 5, ,2 /roApiL,t - Yly/ }_________ �[[f / 4 �/ App. No. S ite Pficlpinla P1.'qq��+��/ S S Y `�4 D+ce 2-Zir Sub • Lot -Block Filing_ -PERCOLATION TEST BATA: Start Time Hole Hole H20 lb � � �' . No. . Depth inch Remain inch min. min. in. in. min. ain. min.. min. min.inch Sc Z 5 ] ,i � 5-20 5.1O 2 ` , \1570 q r 'r�f (.7516 �� � SSA f)..54` � P �� ), i 1 Lrl7�ox) � Ti#, f .o % a 4 3 5a4.T ; 62, 51 f ;2 5e GPI 5-74 , C.! (la) L3=-aj (;:39) - All measurements in .n= unless otherwise indicated. * - add H2O Total 5O Environmental Health Specialist ,Averag•e Rate. PLOT PLAN SOIL PROFILE D_TEri Description 4 r ..., - --5--.- -:. 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E'.` e'^ • S :'; r . e ' "a!,� : t .: ... .I. 3' - .. , •,�' ,'t ,� • .t•` •, •.l .�: , is •1 .: J.' }?• 1,•" . .',� , (J.,1 r ,r' • ' v' •:T ., ._ • ,x F• , i, H,: ..''t•.- 1 a i�; • -. r h '• . 44. I • 1:': . , S': " • , • • HSP106F . INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT - NO'. C-870082 WELD COUNTY HEALTH DEPARTMENT. ENVIRONMENTAL HEALTH SERVICES. 1516 HOSPITAL ROAD, GREELEY, CO 80631' 353-4635 EXT.2225 OWNER MACIAS, RICHARD a MARY NEW PERMIT ADDRESS 455 N 4TH -AVENUE PH 1303) 659-i87 BRIGHTON CO 80601 ADDRESS OF PROPOSED SYSTEM PENDING HUDSON CO 80642 LEGAL DESCRIPTION OF SITE: .SW4 SE4 SEC 6.TWP 2 RNG 64 . SUBDIVISION: LOT 0 BLOCK 0 FILING 0 USE TYPE1 RESIDENTIAL - SERVICES: PERSONS 2 BATHROOMS f.00 LOT SIZE 36.•70 ACRES .BEDROOMS 2 BASEMENT PLUMBING ND WATER SUPPLY PWELL APPLICATION. FEE $150.00 REC'D BY RECEPTIONIST 'AID DATE 04/27/87 PERCOLATION RATE _f+ir MIN SOIL TYPE - REQUIRES ENGINEER DESIGN J P_ FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON -SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM IN TA, LATION SPECIFICATIONS ARE • REQUIRED; SEPTIC TANK 4o ' GALLONS, ABSORPTION TRENCH 3Q SQ. FT. OP ABSORPTION BED 6312 SQ. FT. IN ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS, AND CONDITIONS. SIGNED BY RICHARD MACIAS DATE 04/27/87 PER INCH PERCENT GROUND SLOPE 6,z DIRECTION - ? til LIMITING ZONE 21 FEET THIS -PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVI-DUAL SEWAGE DISPOSAL SYSTEM REGULATIONS .INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE SEWAGE DISPOSAL'SYSTEM. . C-24-81 Dit, cr mio 5-4'6-111 D+L E T NM TAL SPECIALIST DAT" THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIS..FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTIDN OF THE COM- PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. ORIGINAL -APPLICANT; COPY--WCHD- WCHD-EHS MAY, 1984 - HSP4 06F' INDIVIDUAL SEWAGE DISPOSAL-SYSTE M PERMIT NO. G7670082 WELD COUNTY HEALTH.DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY, CO 80631 353-0635 EXT 225 • OWNER MACIAS, RICHARD 1 MARY ADDRESS 155 N'4TH.AVENUE PH (30) 659-107S J /.240 Or. q BR:I GHTON• • CO 80,601 ADDRESS OF PROPOSED SYSTEM PENDING HUDSON ' CO 90642 LEGAL DESCRIPTION OF SITE: SW4 SE4 SEC 6 TWP 2 RNG 64 . SUBDIVISION; LOT 0 BLOCK' 0 'FILING 0 USE TYPE: RESIDENTIAL SERVICES: PERSONS 2 BATHROOMS 4.00 ' LOT SIZE 36.70 ACRES BEDROOMS 2 BASEMENT PLUMBING NO WATER SUPPLY PWELL APPLICATION FEE $450.00 RECD BY 'RECEPTIONIST AID. DATE 04/7/87 • SIGNED BY RICHARD MACIAS . DATE 04/27/87 PERCOLATION RATE 8.5 MIN_PER INCH LIMITING ZONE B FEET SOIL TYPE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION REQUIRES' ENGINEER DESIGN' NO FROM THE APPLICATION INFORMATION SUPPLIED -AND THE ON --SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE•REQUIRED: SEPTIC' TANK 1470+0, GALLONS, ABSORPTION TRENCH 330 SQ. FT. - . OR . . . . • ABSORPTION BED 430 SQ. FT. IN ADDITION, THIS PERMIT IS.SUBJECT TO THE FOLLOWING' ADDITIONAL' TERMS AND CONDITIONS: • THIS PERMIT IS GRANTED TEMPORARILY -TO ALLOW' CONSTRUCTION TO'COMMENCE. • THIS PERMIT MAY BE REVOKED OR -SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM•REGULATIONS INCLUDING FAILURE TO -MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL '€5PPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE _OR INADEQUACY OF THE , SEWAGE DISPOSAL. 1STEM. . 'Lem_ 're_ 8-3► `t c t_. STOLL, -JEFF - 05/22/87 amp 1 -31 -WI clic ENVIRONMENTAL SPECIALIST DATE THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF -SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- TIONAL TERMS. AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON.A CONTINUING PA- STS. FINAL. PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE' COM- PLETED 7�7 � SUM BY H EL 1 CONTY I ALT DE..ne'I IT SYSTEM INSTAL Ar'' _-__--__-. ' FINAL INSP ; TI' -;RATE APPROVAL _!J�YI' __..-___.._ SYSTEM ENGINEER _��� � � . * -� - TYPE OF SYSTEM INSTALLED E r i1 +Nh4 TAL SPECIALIST THE ISSUANCE OF, THIS PERMIT DOES NOT.IMPLY IMPLY COMPLIANCE WITH OTHER STATE, COUNTY OR LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT THE SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND LOCAL REGULATIONS ADOPTED F'ERSUANT TO ARTICLE 40, TITLE 25, CRS 1973, AS AMENDED, EXCEPT FOR THE PURPOSE -OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR ISSUANCE" OF A LOCAL: OCCUPANCY 'PERMIT PURSUANT TO CRS 19"7; 25-10-141 (2). - ORIGINAL -APPLICANT; COPY-WCHD WCHD-EHS MAY. 4984 Weld County Treasurer Statement of Taxes Due Account Number 85067286 Parcel 130506000036 Assessed To GARTRELL RONALD I JR 11360 COUNTY ROAD 4 1'2 FORT LUPTON, CO 80621-7824 Legal Description Situs Address 8365-A SW4SE4 6 264 EXC W220' & WI lo' OF SE4SE4 ALL IN 6-2-64 WELD Year Tax Interest - Fees Payments Balance Tax Charge 2017 $10.72 $0.40 $6.00 ($10.72) $0.00 Total Tax Charge $0.00 Grand Total Due as of 10101/2018 $0.00 Tax Billed at 2017 Rates for Tax Area 2454 - 2454 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15.8000040* $5.55 AG -GRAZING LAND $1,197 $350 SCHOOL DIST RE3J 20.0530000 $7.01 Total 31,197 $700 CENTRAL COLORADO WATER 1.8000000 $0.62 ECCW CENTRAL COLORADO WATER 1,3530000 $0.47 S UBl) S. E. WELD FIRE 7.7750000 $2.72 AIMS JUNIOR COLLEGE 6.3 170000 52.21 HIGH PLAINS LIBRARY 3.2560000 51.14 Taxes Billed 2017 56.3540000 $19.72 " Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY. REAL PROPERTY. AND MOBILE HOMES -AUGUST 1, TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. :`__.. L� Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 870-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year -- taxes rel e o his parcel have been paid in full. Signed:(4//7/2.,6;Date: / —/—/ Ron and Heather Gartrell 11360 County Road 41/2 Fort Lupton, CO 80621 11/12/2018 Dear Weld County Board of Commissioners: We are looking to sub divide our property located at Township 2N Range 64W Section 6, address assigned by Weld County 11286 County Road 49, Hudson, CO 80642. The original plat that we purchased in May of 2018 is 36.66 acres. Our proposed sub divide would be less than the thirty five acre requirement for a two lot exemption. We spoke to the planning department before purchasing the property and was informed that we could sub divide the single 36.66 acre plot into two plots. Several thirty six acres lots surrounding our property have been granted sub division recorded exemptions onto lots smaller than the required thirty five acres parcels. Sincerely, Ron and Heather Gartrell Property Owners Submit by Email Weld County Referral October 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: RONALD L & HEATHER N GARTRELL Please Reply By: November 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0145 Planner: Maxwell Nader Location: SOUTH OF AND ADJACENT TO CR 24 1/4; HALF A MILE EAST OF CR 49 Parcel Number: 130506000006-R5067286 Legal: 8365-A SW4SE4 SECTION 6 T2N R64W EXC W220' & W110' OF SE4SE4 ALL IN SECTION 6 T2N R64W 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. n L We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral October 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: RONALD L & HEATHER N GARTRELL Please Reply By: November 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0145 Planner: Maxwell Nader Location: SOUTH OF AND ADJACENT TO CR 24 1/4; HALF A MILE EAST OF CR 49 Parcel Number: 130506000006-R5067286 Legal: 8365-A SW4SE4 SECTION 6 T2N R64W EXC W220' & W110' OF SE4SE4 ALL IN SECTION 6 T2N R64W 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. L We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature BPascoe Agency Zoning Compliance Date 10/25/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral October 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: RONALD L & HEATHER N GARTRELL Please Reply By: November 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0145 Planner: Maxwell Nader Location: SOUTH OF AND ADJACENT TO CR 24 1/4; HALF A MILE EAST OF CR 49 Parcel Number: 130506000006-R5067286 Legal: 8365-A SW4SE4 SECTION 6 T2N R64W EXC W220' & W110' OF SE4SE4 ALL IN SECTION 6 T2N R64W 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. L We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Tom Beach, Fire Chief Agency Southeast Weld Fire District Date 10/29/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Evan Pinkham, Public Works DATE: November 26, 2018 SUBJECT: RECX18-0145 Gartrell 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): 130506000006 The project proposes to: TWO LOT RECORDED EXEMPTION ACCESS: Weld County Public Works has reviewed the application materials related to access, and access is from an approved location on CR 49. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, 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 Appendix Table 12A-2. For shared accesses (Weld County Code Appendix 12A.3.5), 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 12 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 24 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of- way in some locations. Weld County is currently in the process of widening this corridor, which is anticipated to be completed at the end of 2018. Contact Public Works for the location of the current right-of-way alignment and easements so they can be delineated accurately on the map. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Any access points on this corridor need to comply with the CR 47 Access Control Plan located which can be found here: https://www.weldcov com/departments/public works/access control plans/. This road is maintained by Weld County. Per Chapter 12, Article IV, Section 12-4-30.B 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 com/departments/public works/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 plat shall be amended to delineate the following: 1. County Road 49 is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which typically requires a minimum 140 feet. of right-of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the map. (Department of Public Works) 2. County Road 24 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 24 Section Line Right-of-way, not County maintained" (Department of Public Works) 3. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, or Commercial/Industrial). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 4. 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 SITE MAP) 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 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Maxwell Nader, WC Planning From: Ben Frissell, Environmental Health Services Date: November 19, 2018 Re: RECX78-0745 Applicant: Gartrell Environmental Health Services has reviewed this proposal to exempt one lot from a 36.67 acre parcel. Proposed lot A will consist of 17.58 acres and proposed lot B will consist of 19.09 acres. There is one existing residence on the proposed lot A. Proposed lot A is currently being serviced by an existing domestic well (80732) and an existing OWTS (SP -1800253). A good map showing the current septic in relation to the proposed lot lines was not provided. It appears that the septic system for proposed lot A may encroach into proposed lot B. Proposed lot B is vacant and is proposing installing a well and new owts. The Environmental Health Services Division recommends the following: Prior to construction: 1. If residences or structures requiring water and sewer are constructed or used for proposed lot A or B, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. Prior to recording the plat: 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services lobo: 9/0 304 6420 Fax: 910-301-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fox: 970-304-6462 Public Health COLORADO Division of Water Resources =:epa i er2t of Natural Resources November 6, 2018 Maxwell Nader Weld County Department of Building and Planning Services Transmitted via email: mnader@weldgov.com RE: Ronald L and Heather N Gartrell - Two Lot Recorded Exemption Case no. RECX18-O145 Part of the SW 1/4 SE 1/4 Sec. 6, T2N, R64W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Nader, John W. Hickenlooper Governor Robert Randall Executive Director Kevin G. Rein, P.E. Director/State Engineer This referral does not appear to 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 informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The Applicant is requesting to divide by exemption 36.66 acres into two lots of approximately 19.09 acres (Lot A) and 17.58 acres (Lot B).The proposed water supply for Lot A is an existing well operating under permit no. 80732 and the proposed water supply for Lot B is a proposed on lot well. According to our records well permit no. 80732 was issued on September 3, 1975 pursuant to § 37-92-602(3)(b)(II)(A), as the only well on a tract of land of 36 acres located in parts of the SW 1/4 of the SE 1/4 of Section 6, Township 2 North, Range 64 West of the 6th P.M. According to the Statement of Beneficial Use of ground water submitted for this well on September 5, 1978 this well was constructed to a depth of 30 feet. On June 20, 1985 permit no. 140047 was issued pursuant to § 37-92-602(3)(b)(I) to deepen the existing well no. 80732. Well permit no. 80732 was canceled at the time permit no. 140047 was issued. Therefore the valid well permit for the property is permit no. 140047. Well permit no. 140047 was completed to a depth of 300 feet and withdraws water from tributary Laramie Formation. The well is currently permitted to be used for ordinary household purposes inside one single-family dwelling, the irrigation of not more than 13,000 square -feet of home garden and lawns and the watering of domestic animals. Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state. co. us Two Lot Recorded Exemption RECX18-O145 Page 2 of 2 November 6, 2018 Upon approval of the subdivision exemption, the parcel of land on which the well is located will no longer include the entire land claimed by the permit. A division of land by Subdivision Exemption can create a conflict between the continued legal operation of the existing well on one of the newly created parcels and the evaluation of a new well permit for the other newly created parcel. Therefore, the well with permit no. 140047 must be re -permitted consistent with the new parcel on which it will be located. This office asks that the Applicant be required to submit a well permit application to re -permit the well with permit no. 140047 consistent with the new size of Lot A prior to the approval of this recorded exemption being granted. The office also asks that the county require that the requirement to re -permit the well be placed on the plat map in a manner that is plainly visible such that the current owner and any prospective buyer will be aware of the requirement. According to our records on August 9, 2018 the Applicant submitted application (receipt no. 3687860) to construct a new well on the property. This application was returned to the Applicant for additional information. We recommend the application be re -submitted for a new well on Lot B once the RECX18-O145 is approved by the county. The ability for the lots to obtain well permits, and the allowed uses, will be determined at the time that the well permit applications are submitted to and reviewed by the State Engineers Office. Since well 140047 is constructed in the tributary Laramie Formation, if the well is re -permitted as the only well on the proposed 19.09 acre parcel the maximum allowed use would be household use only inside one single family dwelling with no allowed outside use. If you, or the applicant, have any questions please contact loana Comaniciu at 303-866-3581 x8246. Sincerly, �oanna)Williams, P.E. Wate--Resource Engineer Ec: Referral No. 25264 File for permit no. 140047. IMPROVEMENT LOCATION CERTIFICATE 1129E WELD COUNTY ROAD 49, HUDSON COLORADO 80642 tie Su6de vf'de 1:4 e .� '7.NitiCVd 1210.'+ sr W16{ INGRESS 1 C A©AND0NO) YVRUCTERE5. NCI FE F:RI L`+P N1 FO'U DATIEN5 12W -/- 0114 I� r; E,,5 IMPPC VT MEN 7- LOCATION CHTE CATF ERFICAON uF R[,BY C�R7,Ft THn T 1115 IMPROVE-MI=1'Ji i.UCATION CNN jr CA TS WAS PREPARED FOR STC ART TITLE AN' THAT I' S NG' A LAND Nu5YE" PEAT DR IMPROPE1.IEN- SURVEY PLAT, AND -+AT S "-- I0 RE RFi. ED UPON FOR THE EN-ABLISIiVENT OF FCuCC B_'_DIN=. ETHER F'.�'IIRE IMPRIT E MEN T l NES I FUR -HER CERT,FY 7. -AT HE iMPROVE MEN I5 OE THE AElO F DESCR E3ED RARCE= ON -1115 DA. -E, d:15'I[, EXCEPT U'IJTY CONNECTIONS; ARE ENT•HILY WITHIN THE BOUNGARRES Cr THE PARCEL, L CLPI r. 5'IC'h^:. `FAT THERE ARE ti0 ENCROACHMENTS UUON TAE DESCRIENE6 PREMISES B'Y IMPROVEMENTS ON ANY ADFOININC PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OE ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL. EXCEPT AT NOTED RODNEY H IITAXWEIL. COI GRAD° P.L..5# 33053 ELECTRONICALLA STAMPED SURVEYORS SE AI. 0 CN en 1 NOTE NO PROPERTY CORNERS WERE RECOVERED A U OUNDARP SURVEY 15 REO4MMENDED, ALL PRORERTr DISTANCES AND EASEMENTS WERE OBTAINED rROM THE OFFICIAL TITLE COMMITMENT EITE NO.. 01330-84058-02". RECORDED IN THE W ELD COUNTY CLERK AND RECORDER'S OFFICE NO OTHER DOCUMENTS WERE PROVIR{D TO TH, SURVEYOR OWNERSHIP OF FENCES NOT DETERMINED BY THE SURVEYOR- LC. IS BASED ON LINES OE OCCUPATION. DRIVEWAY AND CONCRETE DRAWN NO! TO SCALE ALL MEASURED DISTANCES ARE APPROO%;MATE PROPERTY ADDRESS: 11250 WELD COUNTY ROAD 49, HUDSON COLORADO 80542 LEGAL DESCRIPTION. THE SOD IHWEST 1/4 OF THE. SOUTHEAST T/4{ EXCEPT THE WEST 220 FELT THEREOF) AND THE WEST IID FEET OF THE SOUTHEAST I/4 O. THE SOUTHEAST 1/4, ALL N SECTPC% 6, TOWNSHIP 2 NORTH, RANGE 64 WEST OF 'HE 6TH P M COUNTY Oc WELD, STATE OF c:0,. ORADO ORDERED BY, JF`n1IFFRYC,-`iTT REVISIONS DAZE PREPARED PO. BOX I&151 A/19,/IE. , DWYER, CO &E121& 3036u 7540 _ DRAWNCF M. ROBERT ,ICTBg I Chicago Title of Colorado 950 South Cherry Street, Suite 1400, Denver, CO 80246 Phone: (303) 291-9829 Fax, DATE: October 16, 2018 FILE NUMBER: 0203965,1 GUARANTEE NUMBER: CO-FWC0-1MP-7266-] -1g-C20.1.965.4 PROPERTY ADDRESS: Vacant Land, Keentihurg, CO 80634 YOUR REFERENCE NUMBER: TO: Ronald I . Gartrcll 836.5 Keensburg- CO 80634 REF NO.: ® I f checked, supporting documentation enclosed ATTN: N: PIIONE: �tIOL31I.F: FAX: E-MAIL.: DELI VERY: Email NO. OF COPIES: I END OF I RANSt 1il-I AL Order No: C2C394554-095-095 C;wirantee No. (O-100,1 U -IMP -72(;6-I-18-(;2039654 SUBJECT TO THE FXCLI!SIONS' FROM COV'ERA(iE I HE LIMITS OF LIABILITY AND [HE CONDITIONS AND S [IP!JLA LIONS OF THIS GUARANTEE' (ivarantce Nn.: ('O-FW(Y)-IMP-72G6-1-I8-C2039654 Chicago Title Insurance Company .1lurida c(J Qfatirnn. herrrn roller! Me f'omprbil. GU %I AN I'ELS Ronald I,. Gartrell 1 he Assured named in Schedule A against actual monetary Toss oz damage not exceeding the liability stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A_ Chicago Title Insuranee (ompan} Countersigned. I 4441 By Authorized Signature 72C'OGb Chain 01 ale (ivarantcc I. I A (;tinruntce fora Nkr h {Revised 6'6192) Order No ('2039654-095-094 Guarantee No. ('O-Fw(:(7-IMP-7266-1-18-('203%54 SCHEDULE A CHAIN OF TITLE GUARANTEE Order No.: C2039654-095-095 Liahility $0.00 I _ Name of Assured: Ronald L. Cartrell„Jr. and heather N. Gartrell Guarantee Nu,: CO -H W'CO-Ih1P-72G6-1-18-O21139654 Fee: $160.00 2_ Effective Date ofC.ivarantcc October 11, 2018 at 7:101 A.M. The assurances referred to on the lace page are That. according to those public records which, under the recording laws, impart constructive notice ()I' matters relating to the interest. €f and, which was Acquired by Ronald L. GartreII, Jr. and Heather N. (;;artrell pursuant to a Quit Claim Deed recorded May 16, 2018 at 7 .:; I n and to the laird described as follows. Only the followiniz matters appear in such records subsequent ,January 1, 1972 at 7:00 A.M .: I. Warranty Deed recorded July II, 1973 in Book 695 at 1617080. 2. Warranty Deed recorded July 25. 1973 in Book (i96 at j'i,ii r::'.;r, 16.P99:';. 9:';. 3. Warranty Deed recorded December IlL 1973 in Book 704 at 4, Quit Claim Deed recorded May 10. 1995 in Book 1491 at l?rrepi:i!n r)o. 2437743. 5. Warranty Deed recorded September 1, 2016 at I .ir;,,toion yo, 4733383. 6. Warranty Deed recorded May t6, 2018 at lkticci',ti.c \c-. 4399631,. 7. Quit ('Iairn Deed recorded May 18, 2018 at 41996��. This Guarantee does not cover 1. Taxes, assessments, and matters related therein. 2. Instruments, proceedings_ or other matters which do not sFeeilicallw describe said land_ 2UOCi6 Chain of 1 Ole (,uaranlee C LF:1(karrantee Faun Nu_ 6 (Revised 616./92) Wiles No_ ("2039bSd-095-094 Guarantee No (t)-F4%CO-IMP-72(i6-1-111-C2 939454 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN "1 Hls (iC ARANTEF. IS DESCRIBED AS FOLLOWS: The Souths►est %, of the Southeast 114, Except the West 220 feet thereof, and the West 110 fret of the Southeast %, of the Southeast '4 , nit in Section 6, Township 2 North, Range 64 West of the 6th P. M, Count}' of Weld, State of ('o€orado. 72O)(16 Chain of Title (ivaranlec LTA Guarantee Fond No. 6 (Revised (-,-.6! 92) Ilyden No. C-2_(139654-(145-095 (ivalaillCC No ('O -1.11'['{'}-1M V -72(i6 -I 18-O2039654 4C.'III4il1.1I.F. OF FA('IAf5IONS FROM COVF:RAC;E OF THIS C;IIARAN'FF:F I_xrepi to Ihr exieul that .periil - :insurance, arc tools dcd in Schadale A of this I.martin tee. Ilk C'ompaue rile loan no Iloh3ily for loan or damugL ht reason ut the inlloo Inn lid Defects. hens. cmcumhrnnc , adrersc claims or other manors a),8ur5t the MIL:. x'Iittltc'ror rot shnlurt by the publid records. lb) I t) laws or asseesments in' any taxing authority !hal I 0 des Lilian u1- aniclsflteutti on real property: oi. 1'I I'rroeccdin1s by a }Inhlic agency which may result m lases or assessrtlenm of notices of sueh prrCCcalings_ 1s'hethor nr not the rnaliarn cps titled outlier ( I I or 12) are shown Iii the records of Lb.:, taxi nil authority (Jr hr (ha public recmrdti lc) ( Il I'npatatned mining claim, 21 reservations of esceplions in patents or In Acts authorizing the Itintanrc thcruil. (3) water rights_ claims or lids IF, 0(111-1 a hclhri en not the matters c,u eltld.:d untcr 111.121 or 13} are shoran by the ptihhe ret•orlls 2. Nntwithstantfnmb any specific asst- rat -wt. -7s iwhrch are 10111 ided in (iliedtlle A of thin (.nutranine. the ( urlip 11-., asiWnae 110 t whillt'- for horn ml' dinurigC Liu luson 01 the tMl oven la} detects, helm Cucllrtihraltcen, udverie Chiron 0l' irthtr matter; at nring lhh' 'ale to ar14 propaR4 bend ii) the line; of the land explreisln daticiilad in Ilac description sct lorih in Schedule IAl in thin (,Llarllltee. or title l0 51reltri 111111,, avenue,. Itittt's, lva`,'5 or waterways to which such land atwt5. Pt line r1.011 t(1- Iltli llllmin t)Crtln vaults, Ittnn415, rampF Ili any Let tiCtin'e 01 nnlpl;ltelnitrtn_ or :Inv iikhiC ni Canenleuts therein, unless such properlt, rights or ta5Crnenti are cspressl} and npeiifie ally Ocl Volt in ;nlddesertpiiun. li) €tc icls, hcati, enullmhrances_ river e Llainic ui uthci nlatlern. chitin tar nix shown hp. the publw records: III'ahtch are nrnaled_ safli'red annmmd or cicad to ink' one or mitre of the As5urcuirn 121 rrhiglt result in an loan to the Assured: or 13} which du nor result in the ualiditv or potential invalidity ill Lilly udleCal or non•judii ii l pt,iarcding which in within lilt neope and purprne of ate ansurunces provided_ 11) The identity- of arc pally shwnin ui rcicrtC11 to In Schedule A. id] the gaudily. legal etTeei orprinrily ml um mallet nho'ir or ietdrted to a! this Guarantee (.t1: SRAM FE ('ONI)hTlONS AND STIPI'!: Al -IONS I_ DEFINITION OF TERMS. FIre p ullowm , terns whorl used In the t Mara ate,. mean - iii the "Assured". the party or parties named as the .Aistlrve1 in this Guotantcc. or on a supplemental wrilinu enitnmted L'n the C'ompum h1 "land the kind described or referred to in Scheelt A. and iniptoycmcnl5 at li tied IElcieto i.w hlcli hti tau constitute real property Ihe term .'lnnd" dints: nut include any pripertti beyond the lines of the area denaI bed to rcicarrdd to in Sehtduie A. not and 114111, title. i flirt st. cniatvt o1 v^rlticln mil mn ahtittirig slreccs, roadsinantica_ alleys.it Octenyax+. Ic1 "mnrt4age., rnortgaycdeed of MIS!. trust decd_ ui other security instrument_ Idl "puhlic record; records estaliltshed under :AMC statutes al Dade of Ihlarantec Ihu tire {ttir pollen iii 7111 pttrtl rig COhFlnlcy ire` Lull CL ui matters [Ctaune Let Itul 1lropterly let ptireha:crs ter value and without knent l dge [et `state' . the effectirc elate. 2. NO7l('L OF ('1,At11 1'O BF. (:1\ EN Hi .ASSIIRED ('LAI?IAN I. :1n loch- d .-itch itoluhi lilt' f_'nmpltn}' prntetptll in xt tlanL al case knnacledee shall come to an . Soared hereunder Or any chaise al lisle or mtn10nt which Is adccrse In the title In the estate or mivient, its stated 11,..% etc, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee If prompt nutlet shall not he in,ivett to the Company. then all liability of the Company ,hall terminate- with regard wi Ihe matter or Mauers liar whlell prompt notice vi required. provided. however. chat iiiture to notify the c'urapann shall In nu case prlIudlce the rights of any Assured under chi. Guarantee oricss the company shat! he preludnrd hs the lalIntc and then only to the extent nil the pre.tudice 3. SO C`1l'TOr)F:1;F`iiOR PR()tiF('1"1'11:_ Fhc Iontpavty ;hill have no duty for detldnd or proscoule any fiction c+r ptneccdinc LEI which the Assured is a parry, now ilhstandinut the lianas ❑t are ailtui+tiun in such autmn uI pnxccdtuvt- 4, (3)StPANY'SO1IlON 1(1DEFEND ORPROSE( iTFACTIONS; DI -TV OF ASSIRFI) ('F_ALNA' F 0 COOPF:RAF E. 11yen thmn glu the Company has nn duce to defend or pruxctile' as sett Birth in Pure...paint i above. ia} The Company shall lrusr the Itphi. at it, colt option and cost_ ill i mist sluts' timid prusc rttle tituS aC'ttill ill M10teed1114, tn[elpure it delL']itt. a5 limited in (hi.. ur tin titian:: other all 0hkh in itsuptnlnn rilaS ha ncctsnar'1 of deniable to establish Ihe title to tile esiulc cc- Imitcresl iii stated herein. Of In tstahhsh tile lien rights oh 11w ASsut ad, or to trrev Col rrf reduce coo n1- el:all,1411 In t11C Assured. I he Company may take eny applepnaic omen under Ilse tirnt, Of rills tiarantec. whether tar not it shalt be` liable hereuudct_ and shall not diet eby aimacdc hahllgy or u'Prvd auy pemvlLion of the Cieararttee If the Ctin-yaw, shall encrcr,e in t1at10 under thin paragraph it !hall do so rlitgainly (hl if the Contpany elects to cscrcisc its upiimns us at,lled in bartgroph ilul zinc C u rnptinyi ;dial! have the IOC_ to sctc.a court col of an choice i athjrct mil the riJlt of such Assured to nbmoci for 1-a usrmahlu titLtnc I W. I ellre'senl the Assured and shall not he Itthle tar and ',Atli] nth {tau tha leas of any whet couwl:el. nor null the Cornptynv y,11':ti n !'rev COSIS or es:partiill LII ad h}' an Aisuied tit the daicnue of those [attscs mt an. which allCCL rliattel's nal altcred by this (;uarantee. Ito Whenever the L'otepm., shall have hromht an, etirin or rnterpn it'd u defense :ms perm -titled by the provisions rrl Ibis Guaranies_ the {_omparry may pursue any litigation to final deterntinatimtn by a alitnt ul cumpctcrit larisdtction and txpre-tsl4` reset yen tee: right, in as sole dinelcion Iei optical thorn all all erse ludzntcnt or order I Li I hit all [axes +n Lien: thus c'ivaralltee parrot is the Company to i to ate or 701'11: or the do lCme mil any actitni or iii rewinding_ an Pvistired shall Secure to the ( mmpanv the ticht to so procecutt or provide for the defc'rise of tIlL itelir,n orpnrtending and all appeals therein. and permit the (Orrnpariy 1-n us0, at it; option, lite name a well At,ured tier this purpose_ h Reneger requested hg the C'ompan}, all Assured. al the Cumpi nc x expense. shall uirc Ihr ('umpauv all reabolla hie aid in any action or prticed{ling setttrinp evidence, ot'ILI till rig It nn sus, pro.,erultn`l u1- defending time action or lawful tier which In the opinion ill' the Company stay he necessary 1+t dcsitahlc to estahli tI the title to II. Assur'eld If the Company is preiurticed by the file re of the Assured to (iiimii i the required corrperartttt. the Conlpanti's uhhcutinnn lir the insured under the (ivarantcc shall terminate S. PROOF OF LOSS OR 11A31A(,F. In 'addttum TO and after the noli:CS reyuued under Set11011 _ ut these 4'lindttions and Stipulations hale hoer provided to the ('ompanv it pi -oaf of loss or damage ,bred and searrn 10 hr the Assured shall he furnished tot the ('oavpanv unlan ninety {gill dates attcr the Assured shall ascertain Ihr hoc In giOiug rise to the loss nr demaga The pruul of loss Of danutge snail desclthe he inattIcts covered by Ihis Guarantee which cxrnstltule Eltc hunt, 1-'f loss n dumitpc and shall state, to [hie extant pnsslhlt the hush of ua]culatinu the amount the loss or damage. I! the Compare,- in proudly.... by rho failure of lint Assured in Itrniidc lItc required proof of liven ca damage. the (.013141n1).'s; nhliialion to ouch assured under zinc I'Lcaranlet shall ternnmuck lu addition. the 14ssuiet mat t.a,onaltly he retguired iii suhlnit to emu-lanallun uncivi oath ins any nuthnnful represenlatlte of the ('nnnpany and shall produce for t•xILminallul_ irl.;pectwn and elrpyinc„ a! such reasonable tmuien and places as may tie designated by arc.- atitlhtrized reprasentally'e of Ihe Colnpany. all recurtln_ hanks_ Icdgru cheeks. Col;cspuudeuee and memoranda. whether hearing a date Ian fine or atker Dale of Chlaormea, -much roasonahiv pClTaiII 1-o the foss or damage hurdler. if requested by ally authorized ter ..rsenlal inc of t}ic Company. the Assured ,,hall grant its permtx,loo_ In WI lair ill) authontell rCpresentative of the t'eint}tnnv to examine_ inspect and copy all reruns. hanks ledgers_ chocks, carrespnndence and memoranda in the tunitrdo or contntl tut :r third partyahieh reasonably pertain to the loss al damage. All ilintman tin des i maicd as eontedentidl by Ihr Anti cd pi ncldcd to the Company parsaa,nt to this Section shall not be disclosed ni others unless_ in the rcisnnahte lodgment or the Company. it in ilccestiurr in the ❑dntraintralion of Ihr clniin Failure Lit the Asarrcd vt strhlnn tin Caaalatatinn under oath product other rugsonahlc neillot-led Inform ctirin or grail Ile rmtni thm to ,eohie Ic itcatal'ly netus.:art. Info] 'tuition from third parties as regiri red in the Iehuve paragraph, tinlens prohibited hp tau or gut-errnnvntal liatulanon, shah to nuutli l: any bait hit u€ 'be Company under hhrI Guarantee to the Assured for that damn 72(Y}(ih chain uhf Title Guarantee ('I. I.A Guarantee Soon No 6 (Re -lied 1 10921 I _ Order No ('2039554-095-095 6. OPTIONS TO P,14 OR (]r11ERINISE S1:1-I'LE CLANS; FER!11NATlO7 OF LIABILI't'1'. In case of a claim under this Guarantee, the Company shall pace the Ibhnwirtg addilinnal captions• {all 1-o I'nv ni lender Naafi cal tit the /5lnarutl ul I.rabilits ur hi Purchase the Indehlerincss -Hie Company shall have the option to pay or settle or compromise lilt or 1n the name of the Assnred any claim which could result in loss to the Assured to itt'in the coverage Iii this Guarantee. or to pay die hull amount ul this Guarantee or_ if this Guarantee is issued liar the bandit ut a hairier of tt Ittorl_sua€° or a Iienhaldet_ lire Lill -pally shad! halC the option RI purchase the indetiettriess secur€a1 by said mortgage o, said lien lox the amount ownip I hereon. together with any e Isis reusonahle attorneys' lees and e pcnse; incurred by the Assured claimant which lucre althorifed by the Company up in the nine of liurehysc Such purchase, p:a4'ntert nr lender of ttaymenl of the lull amount iii the Gtuaraiilee shah terminate all Iiahiliri of the Company hereunder_ In the event titter rebus of elttinl ]rNs heen given in It'd ( [nupGnY by Eh -5ssal Cd lire Company offers to punhuse said indebtedness. the owner of such indebtedness shall transfer and assign sold indebtedness, tueclhtrr with am• collateral security ht the I'ttntpanv open payment of the purchase pi ice. 1lpnii the exercise hi: the I nrir11iin4 Of the rilrt11111 pries dcd ISF Ili Paragraph Ia1 the Cumpam's tutu 1gallon to the Assured under Ibis Ciutuantce tier the claimed loss or damage. other than to make the payment required in that pictograph. shall terminate. including any nhiieailnn to continue the defense err prosecution of any Iitigatiun for which the ('nmpalir has c?,rrcised its option, under Paragraph 4. and the Guarantee ;hall he surrendered to the ('company for cancellation. girt to Pay at t Iuhentirsu Settle With Parties Oilier Than the Assured iii 4W1h the -AuuUIed Claimant. Tit pal. nr ttrhe'Illiie Nettie 11rd1 ember parties lin tit iii the nJnrc Pt. all Astittrid Clannant any claim a;srteed sp,'atnsi under Ihiti (i iiirintee. together with ,3111 costs, ilttulrneyI lees and. c.xpcltle_i I11Currell Its ill: Assured Llairilalli iilnc'h cycle auahitncud by the t'utnpairs up to the time of IIavrilcnt and chicle die C;ompaio, G nhftgared to Pay Upon the exercise by the Company of the option pros ideal ibn um Paragraph {b1 the Company's ohliganent to the Assured under thus tivanultee tis the claimed lass or damage, nthei than us make the p'av meat Icyulred m Ill at paragraph. shall terminate, including tiny obligation to eonume the defense or prosecution of any litigation trrr winch the Company has uncrerscd its options undo! Paragraph 4 7. UL`!'LRNIINATIO\ .A\L1 L\ 1 EST OF LIABILITN. his it uarantee is a camtrecl of Indenillity against actual monetary toss or damage suslariirct ur uicurred hr [ha. Ativui ea Claim;lilt whit has suffered hiss ar damage liv reason al chance spelt the assurances set frrrth ul Ihr; tivarauaee and only tie the extent herein described, and uuUteet to the Lseluston,s 1-r,tm Cin,eliTe of Tla!, tnlararltec. I be liahility of the Company huger this Guarantee to the Assured shall not exeAAl the IC d5I all. [al the innounl of ]iuhilitv stater{ in Schedule A or in fart 1 flat the amount ...if the unpaid principal indebtedness secured be the mortgage of a1 Assured Mortgagee, as IiitriltJ ur Itruoidtd under Section ft of the.,c Conditions and Su paldions nr as reduced under Sectilln i] or these C'onditiant and Stipiiiahoos, at the time the loss or damage assured sir it nil hr his Guarantee u€'tun. to_e`titer with interest thereon_ or ac'Y the dificrenec hetu-eec the ealle of the estate or merest catered hcrehc as stated herein and the value tit' the eAatc or interest iiib ect to alt detect, lien or eneijarihrti.ncc attired areurllist Iii, this Guarantee N. LIi1tTA"11(1\ OF I.IARII.LrY. {aI It the (Company estahhshes the tale, urn reroute. tilt alleged degrees lien or encumbrance to cures any ,ether analttr assured against br tiiis (:uararece in a reaxinaltly diligent manner by any method, iueludirre litigation and die completion o1' any appeals diereCrnm. tl shalt have filttly perlinrrned its obligations with respect to that matter and stall not Ise liable leer ans less or damage caused thereby hl Iii the event Ili' am Inivatinn by the Cnnnpanr or with the I'mrtptnty'; consent. the K'nmpany ,hall ha,. no nobility Isar hiss ui damage until there has been a lined delerminatlnn by a euurl of eompeteni jurisdiction. and disposition (Wall appeals thereto na_ ads erne to the title as stated herein_ (itrarinlcie No ('(?-FWI'O-i11P-72G6-1-IS-(:2039654 (tit I lie Company shall not Inc liable tSr loss LIT dnmaEl: lit any Assuresd for liahilitx riilunlarily assumed by the Assured in milling any claim or suit wuhi,ut the Weal wi Inca consent ufthe {'omit -nun 9- RF.I)tl("LION OF I_IABIl ll'. OR TF:RiIINATION I1F 1.1ABIL -il'. All 15avrinumts ialdcr thi, Guarairtet, e1'secpt lias111 €'113 made lilt Cams, Menlo,' tees and expenses par suarrur ru Paragraph 4 shall reduce the amount of liability pro tants'. 1(1. l'.AYM1MEAT01- LOSS. lal No payment shall be made without producira this Guarantee For enrlorsemenE of Ihr pal.ment unless lire Guarantee has Keen lie or drslrnvci, In which case proof of lust or destruction ;hull he Jitrnishcd to the satisfaction of the Contpanti. Il 1A'hen liability aril the extent of !ties itt dtim'agc has been definitely lisea ITT accrirdunee 5c#Ih these C'ondilisins rind Stipulations, Sic lusty nrall mage ;hall he pauahle whiun thirty Iill}days thcrealler 11. SIIBIAOC TION UPON PAYMENT OR Sr:l'Tl EWI'sT. V. hencver the Company shall here settled and paid n cimrn under this Guarantee_ all right of suh roe atiam shall rest in the Company rata floated by any act of the Assure claimant. the Camplmy shall he suhnogiiled to and be entitled hi all rights and retried which the Assured would hate had apalnsl ;lie person or piopertv ill re;peeI tri the riatilt had this Guarantee inn been issued. It requested by the L'urnpany, the Assured shall transfer ELI the ('nlnpam all right, and renicdres npain51 tlnti person or prc'perly necessary en miler lit pertcca Ibis right all vuhreg;thon 'I he Assured shell pemvl the Company lo sue. compromise IF settle In the alarm: of the Asared and to use the mace or ell in :aril tilmsacttnn nr litigation mvnlling these right,; tit m mcdlc IF a payment on account of a claim does not full. cover the loss of the Asured the Company shall be ;abrogated to all riahts and remedies nt'Lk A»lred after the Assured ;hall base revels ermd it; principal. interest. and cocas nfcollection. 12. ,AR1311RA110.'s. 'tiles"; prohibited by applicable law. either the Company or the Assured liar demand arbitration pursuant to the Fide Insurance .irhitration Rules of the Airsall Wall Arhi€ration :Astincjaliun sArhilrah e muarterc may ire belle, but tart' not hunted rv. any conlrovcrs}• or claim between the Company and the Assured turnsina out of or relating to this Guarantee. ar, sersice of the company in connecttun with its issuance n1 the breach of a {;uarantee provision or other ohtiga6iuni All urhiErrrhle matters siren the 'mount ni I iandily ix SI.d1111.0(111 or less shall be arbitrated at the option of either tIes Company for the Assured. All arbitrable matter; when the amount of liability is an e>sce;s ,if S I.Iipbu,tlIEI shall be arbitrable only when agreed to by both the Company and the Assured. I Its gales to ghost at Uate of Guarantee shall be binding upon the parties_ llie award may include Morley;- fees to a prevailing parly..lucienicnl upon the award rendered by the _srhivatons) may he entered ue any gaud ha', tag iuristhelian thereof rile last of rile situ, ref tale Iautd shall apply to an arhilraliutn render the I Ole Insurance Ai lunation Ruler A cop,- or that Rules mtly he obtained frinn the Company up1in raglieil 13. LIABILITA L1111TEU 10 tillS < I:ARA\'IEL; Gi-ARASIEL TNTIRF CONTRACT. (al his Guarantee togetlict uhli X111 Cniltrlseliuvtls 11 'any, atureheul hereto by the ('unapanv is the entire IIaarontec and contract between the Assuned arid the Company In interpreting any priv. asu H of lb , f ivaranlee. this (iaarantce shall he cons(rucd as a whole IL1 Ark claim otloss. or dama,c- whether or not hosed on negltgcacr_ or soy aeitUtu asserting, suet' clalin siiall he Icstrreted to tills (ivalmntce_ Ic I No mnondmcnt ui or endorsement to this. Civarainee earl be made except HE a writing endorsed hereon tic attached hereto signed ha either the President a Vice President. the Secretary, an Assistant 5ccrciarr. or candatuiu oilicer col aulhurleedsagitatoryol She Cutt:tpany. i.i. 50'LI('ES. W'Ill.Rf. SENT. All narices required ill he given the Company anti any vlatrnieni ut 'writing Ietlelred to he lilnushod the it oinpatry shall inehrdc the number ,rf [his Guanntee and shall he.iddre,sed to the 1. onlpany a1_ CHICAGO TITLE. INSURANCE C'O11PAhti' Claims Department lad Office Bas 45023 .Jncltsnnsiile, FL 32232-51123 '2CO(i6 Chain of -I itic, (itaranICc Cr.TA (ivaranler (aunt No. 6{Revised 6;{,,1171 ihtsrald I tiaruell 4399637 05/1612018 03:44 PM Total Pages: 1 Rec Fee $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO QUIT CLAIM DELD 'PHIS DFFEI, Made ;Iris May t5, 2618 benwecin Ronald L Gartrall of the Coo e Of Weld and State of Colorado, grantors y, and Ronald L. Gartroli, Jr. And !leather N. Garifel/l� � {{ whose legak address is if 5540 Cray. F(r� 11 /2 FO, / ro-,plc, C-0 86.<jj of the C'ounly of A.ArL f (ir . Slalcol('ulorado. gran_ee{s(, WITNESS, That the grantur(s}, for and ;n canstde[at,on of Me suns of Tea ant No/100 DOLLARS ti6.[J01, thr rtcc:irt and tulTitiencv of which is hereby coniesssd and acknowledged. has remised. tnieased, sold and Qt'I L CLAIMED, and by these presents does remrse, unease_ sell, and QL'11 CLAIM unto the granite(s), nut In tenancy Jr. common but in Joint tenancy, the su:m•ur of thorn. !het assiglos and the heirs and assigns a.` sack survivor serener all she right. Ede, inrerest. claim and demand which the said grantut{s) has in and to the €ollowsug duscribri lu:lsl or parcel(s1 or land. sprats. lying and being in the County of Weld, and Slats of Colorado described 3.s rolloto-s The Sollrhati! V. 4f the Southeast '.:, et.eept lie West 220 leu1 thereof, and the Wesl i [I) feel of the Southeast'%. ofthe Southeast'/, all in Seel:nn 6, Township 2 North, Kange 04 West oldie Ti I'. M., County of Weld, Stale of Colora4o also known by street and number as 8365, Keenesbtarg, CO S0b34 TO HAVE AND TO 11OLD the saute, '.ug_thcr with all and singular the appurtenances and privileges thereunto belonging, cs in anyruase iltercunlo appertaining, and all the estate, right title, interest, and claun tcharsoever, of the said grantor(s) either in law or equity, units said granteqs}, Ilse survivor uftom; then assigns, and rho heirs and assigns or such sun, jrar forever Thc singular nunnber shall indite the pitiful, the plural the singular, and the urn of any gender shall Ire upplieab:e le al; genders 115 W rrKYESS ,ATILREOb' [he ercntor(sj has hereon!' sod his hand and seal the dale eel forth shrive S.gRed, Seated and De;ivciei m the Presence of STATE OF COLORADO COUNTY OF 4{�.„tr- The foregoing Instrument w' x acknowledged before me this 10th day of May, 2018 by Ronald!. fiartrell Notary ublic \hi[ness my hand and official seal VIi Commission Ckpirus. tl DONALD WARREN NODDER JR. NOTARY ICE . STATE OF COLORADO NoIary Identification *20094010876 My Commission Expires 5,412020 (JCL)!T Quit{;folio lined )pin, Toner is jRen. t l-Pe:i33 4399636 05/16/2018 03:44 PM Total Pages 2 Rec Fee: $18.00 Doc Fee: $19.50 Carly Koppes - Clerk and Recorder, Weld County, CO A NCI Record in Return In: Ronald olio rtrent 113511 E:ounty Road 4 U2 Fort Lupton, Co S0621 WARRANTY DEED This Deed, made April 30, 3018 ldetween Charles Snnw. and Tyler Snow of the County Weld, State of Cnloradu, grantors) and Ronald L Crrtrell, a Tenant in Severalty whose. legal address is I f3hU County Road 4 II, Fort Lupton, CO 8f1611, County of Weld, and Stale of Cnlnrado, grantee WITNESS, That the granlol, for and in the Consideration of the sum of ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS AND No/100'S ($I4i,000.00 I the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold aad cons -eyed, and by these presents dues grant, bargain, sell. convey and con lltrn, unto the grantee, their heirs Bad assigns forever. all the real papery together with improvements, if any, t nt ale, lying and being in the County- of Weld, State at -Colorado described as follows, Slate Doe Nee: 519.50 fhc Snulhwest V. of the Southeast V. except the West 220 feet thereof. and the Worst I In feet of the Su,ahcast -tof the Soitheast'h, all in Section 6, Township 2 North. Range 64 West of the h"' P M., County of Wcld.5tstecifColorado. also known by stract and number as 831,5, Keeneshu rg, C:O 811634 TOE; ETHER with all and sin8nlar hereditalnents and appurtenances_ thereunto belonging, or tie anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the abase bargained premises, with the heredirarnenls and appurtenances. TO HAVE AND To HOLD said premises above bargained and described, with the appurtenances, units the grantee, his heirs anti assigns forever. Arid the grantor, far himself, his heirs and personal representatives, do -es covenant, grant, ballads and agree Ira rind with the grantee, his heir and assigns, that at the lime amine annealing and delivery or -these presents, he us well seized of the premises above lmpveyed, has good, sure, perfect, aheglulg and ondtfeasible estate of ihherttaaea, to lass, in fee simple, and has good right, full rower and lawf,il authority to grant, bargain, sell and convey the same in manner and farm as aforesaid, and Thal the mote arc free and clear from all farmer and Other grants, hargatns, sales, Reels, taxes, assess-inents, encumbrances and restrictions of whatever kind of nature so ever, except for taxes fur the currrnl year, a lien but not vet due and payable, and thane specifte E.eceptions described by reference to recorded documents as reflected in the Title Documents accepted by Bayer in accordance with section 11.1 (Title Revive-1af the contract dated March }t. 201 R, between the P ernes. The granter shall and will WARRANT AND run:VEi, DE ENT) the above -bet gained premises ill the Au jet and peaceable poiiuitlnu of the grantee. his hefts and assigns, against all and every person or persons laµitily einirrang the whole on any pan thereof_ The singular mini bet shall include the plural, the plural the singular, and the use of any gcrxter shat] he applicable to all genders. !N WITNESS WHEREOF. the grantor feat daunted his on the date set forth above SE. LLER5- Cha s Snaw STATE OF COUNTY Oh Tiri.tfii 5 the iote5oinginstrunlent was acknowledged, subscribed and sworn t0 before rate April2 S h _.2tlI by Charles Snow . "lyre Snow Witness my hand and official seal_ At aI :� ICritUrr sOft:, li;Jf r:enb El M/ t t _;. Lxpirls Will —Warrant? r}cwt fhes. 112,Jl4 I1 its: Notary Puhhc -- / M}- Comnussirtn espirev. * fscnru two.: C1b)5r1t-0R4-SV4 4399636 05/1612018 03.44 Pf 1 Page 2 of 2 Si Af E OF COLORADO C(:7UNT'F OF if r yff1 SS: the foregoing ins!ruinent wits acknowledged, subscribed and sworn to before me this May 15, MIS by Tyler Snore DONALD WARREN HODDER 1R, NOTARY RELIC • STATE OF COLORADO NotaryIdenldication 020094010916 hhy Camm,$sion Erpiles 5/412020 (Seal) Notary - Notary. Acknow)edgenten+ (kV t12013t 'Notary Nubile illy corm-li55ion expires: 5 G,1 „7—P -u 1 MkRI A R SOSA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024032652 C9M �iis c iOh WIRES. QOTOeEF 07, 2a`- f 4233383 09/31/2016 03:11 PM Total Pages: 1 Rec Fee: $11 00 Doc Fee: $15 00 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEER is dated the 22nd day of August, 2016, and is made between State Doc Fee $15.00 Recording Fee• $11 CO Joseph James Martinez (whether one, or more than one), the "Grantor" of the County of Wald and State of Colorado and Charles Snow and Tyler Snow (whether one, or more than one), the "Grantee"_ whose Legal address is 4 LEAF DALE PT. AUSTIN!, TX 78736 of the Corenty of Travis and State of Texas WITNESS, that the Grantor, for and +n consideration of the sum of One Hundred Fifty Thousand Dollars and No Cents ( $150,000.00 ), the receipt and sufficiency of which is hereby acknowledged. hereby grants, bargains, sells. conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property. together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: The Southwest 1/'t of the Southeast 1/4 (except the West 220 feet thereof) and the West 110 feet of the Southeast 1/4 of the Southeast 114, all in Section 6, Township 2 North. Range 64 West of the 6th P M , County of Weld, State of Colorado. TOGETHER with all and singblai the hereditamcnts anti appurtenances thereto he.lnnging, or in anywise appertaining, the reversions, remainders. rents. issues and profits thereof, and all the estate, right, title, interest claim and demand whatsoever of the Grantor. either in law Of equity, of, in and to the above bargained premises, with the hereditaments and a ppurten a nix s: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and Assigns totovei. The Grantor, for the Grantor and the Grantor's heirs and assigns. does covenant. grant, bargain, and ogres to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the e{isealing and delivery of these presents, the Grantor is well seized of the premises above described: has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple: and has good right, full power and lawful authority to grant, bargain, sell and convey the same in mariner arid form 05 aforesaid: and that the same are free and clear from all former and ether giants, bargains, sales, lens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to. 2015 taxes and all subsequent years, restrictions, reservations, covenants, easements and rights -of -way of record, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the. Grantees, and The heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any earl thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. �i— osep J.- es Martinez State of Colorado County of Adams ' The foregoing instrument was acknowledged before me this 22nd day of August. 2016 by Joseph James Martin es N? r Stewed Title File Na+m6er- Q1:330-84055' 9325 WARRANTY DEED STCO Witness piy hand and offiEial se Notary Public, My commission expires: Page I Afic'V37I4af 2437743 B-1491 P-489 05/10/95 021:54P PG 1 OF 1 RFC DOC - Weld County CO Clerk & Recorder 5,O0 QUITCLAIM DEED u Tills DEED, Made this day of -771 '' .]6) 95. between RICHARD D. MACIAS AND MARY T. MACIAS of the "'County 4t ADAMS State of Colorado, grantor, and MARY T- MACIAS AND JOSEPH JAMES MARTIIs1EZ and whose legal address is 155 N. 4Th AVENUE, BRIGHTON , CO 80601 of the County of ADAMS and State of Colorado. granted, WITNESSFTH, That the grantor. for and in consideration of the sumo!Ten Dollars and other good and valuable consideration PY the receipt and sufficiency of which is hereby acknowledged, has remisedreleased, sold and QLI ITCLAIMk L). and by these presents do -es remise, release- cell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common, hut in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property. together with improvements, if any. situate, lying and being in the County of S Zd and State of -Colorado, described as follows: SW5 SEA (except the West 220 feet thereof) and the West 110 feet of the all ii Section 6, Township 2 North, lunge 64 West of the 6th P.M_, ("subject property"), and except reserving to Grantors and their heirs, successors and assigns: 1. A perpetual, non --exclusive easement and right of way for vehicles, livestock, bicycles and pedestrian traffic for ingress and egress over and across the North 30 fr=et of the subject property, running in and east -West direction for the entire length of said North boundary_ ulso known by street and number as: 11260 Weld County Road 49, Hudson, CO B0642 assessor's schedule or parcel number. TO HAVE. AND TO HOLD the same, together with all and singular the appurtenances and privileges therein to belong- ing Or in anywise thereunto appertaining, and all the estate_ right, title, interest and claim ..hatsoever. of the grantor, either in law or equity. to the only proper use, benefit and hehialf of that grantees, their heirs and assigns tarcver- The singular number shall include the plural_ the plural the singular- and the use of any gender shall be applicable to ull genderc IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. �. 17 . . _ chard D. Malian STATE OF (7OLORADO. City & County al Denver the foregoing instrument was acknowledged before me this by Richard D. Macias and Mary T. Maelas. • k,()TA • my eorrit't3p ip,4pires. 91 at DDonvCriiltsitt`'City and" Orj ) L� Mary fi: IKTcias 1 55 day of r..' v - Iy95 , , 199 .7 Witness my hand and official seal va,c am -...041," .,( Person r-tiNCieting ,.Ly C.xd Leval Onll,piwn Ii in 1-S 11),5.5. C,R.5.) i v No. 955. Bev, 09,"1, mon'CIA'm r1EFn (m.tdoL't �is1 IYanl'rwd t uhiiO,i>br- 1741 ;Vail.,S7., lkmcr. {'t)!512)? —4105 JOH act .4 COC - Litt jy1 Ds NS: AignG�dtl••J Gq idoysiN lop Mb9 tf KZ9 L '9 uogsay S[!o IS1A8tf Awnaj p am 14 11,31 na•ra. • i c. County of aCnvr r. Colorado , for the eo eldcratIon of Twenty Twf, Thounnnd Five H,hdicpa Tw9166i dollars, In heed paid, hereby sadILe) and on:P4MAT Richard D. Macian and Mary 1`. cactus (Grantees), as joint eenanl.a whonn r.rlairrnn in ]_95 N. Fourth Avenue, , Brighton County of the following real property In the nriat Strlt4 of Colorado, to wit: sw 1/4 sc 1/4 (uxcept the Heat 220 feet there.of)anrl the Went 110 feet of the SG 1/4 S1= 1/4. all in Coition 6, Township 2 North, Range 54 W,sat of the 6th P.M_,("subject property") _ nd xcopt renewing to Grantor and his 161m -a, successors or asaiclrn: 1_ All rentals and/or royalties Crown that certain oil and gas lease recorded in [look 622, Reception No. 1543722, Weld County, Colorado records: and, 2. A perpetual,nci i-exclusive easement and right of way for vehicles, liveotoek, bicycles and pedestrian traffic for ingress and egre'o over and across the North 39 fret of the subject property, conning in an tot -West direct ton for the entire length of said North banndacy_ with all its appurtonaneea. and warrant tod the title to the Hume. euhiect to general reel property taxon and asaesamentei or fans fur 1973 and sohaonu nt years;rrrservat$oxts of record; easements and rights-of-way,actunl and recorderi;existing ditches,cnnals,resorvoirs, roams and pipelines:an oil and g.s lease recorded in Book b22,ltcc_No.i543722,tf ld County,Colnrado recurdn:a deed of trust recorded in Book f95,3ec.No.]617091,Weld county,Colorado records:and a deem of trust recorded in Book G9G,noc_No. 1G1.7996, Weld Couoty,Colorado rccords,whicl. dC+cdsof trust Grantor agrees to pay or have' Signed thin day' of December . 1973 .:; Jonathan HU Lk icy STATE OF' COLORADO, City and Caran*J of Denver The foregoing Instrument was tick ,owledued talore me thin defy of December , 1973 , by Jonathan 13u1kley. . U1 coramleatoa expire. *"`r rr.o.,,r,.'rr• Witness my hand and official seat .=tr ". eorauoe t.y it Hd N7. ,.;Voui.n,.. . 1. paid a eguired: and Weld County Coldrr ."ala'tonin,aair, building and LOdiviuinn regulations, preennt and future, CJ tOacK 696 C -e asee..t.d •t_ Ree.*aon taxes e a s erne roads County deed 0 nor ty a 14 JUL 2 5 1973 .. A►M lPCl.,ta _Sttaerard.r McCoy Enterprises, Inc. (Grantori a corporation duly °fRanised and exIatiag „ndwr and bg virtue of the lave of the State of Coloreds whose a.idrese le 3665 Cherry Creek county el Denver doe to Drive , and State 4.f Colorado , for the run alderatlon et Two Hundred S iXty Two 'rhousanddollers, roar Hundred and no/100 in hand paid, hereby eelL(s) and eonvcyis) to Jonathan dulkley whore add roan In 2106 Cherryridge Road Araya nos and 99atn of color ado , the following read property in the County of Weld . and State of Golarsdo, to -wit : I of Section 6,'.DWnahlp 2 North, Range 64 West of the 6th P -M-, exo prior conveyance recorded in Bock 1046 at Page a ,Weld County, color cords, together with allaminerals and ruiner -fa rights, oil and gas a i a a yas rights appurtenant thereto owned by Grantor and except serving to Grantor and its succesaora and/or assigns, a perpetual no elusive casement aria right of way for vehicles, livestock., bicycles, destcian traffic for ingress and egress over and across the South 1G section 6, Township 2 dorth, Range 64 Went of the 6th P.ft-, running st-cleat direction for the entire length of said Routh boundary and a roes the East 50 Eeet of Section 6,Townehip 2 Borth, Range 64 west o h P..4-, running in a north -South direction for the entire length Of at boundary, -. ater, water rights, ditch, and ditch rights li€ anyl, . Gounty of N • • a nd ft. n an r and the id �,t•♦t�h� elL its npr�urtcngntet'sad wwrrani4 the jtL Wfire qua, au°;.et to general rea 1 trop ec ty Vs and rignts-of-way,actual and recordediexisting ditches, canais,res vairs, hd pi lrlineslan oil and gas lease recorded in Book 622,Ree.No.1543722, Id Colorado records; a mortgage recorded in Book. 655,Rec.No.1571242 and trust to John and Florence Ftowatd,Weld County, Colorado records , yrh filth e an. deed of trust Grantor agrees to pay or_ have paid as required. it 94trrte.dl lee lUth dayef July / 1 ,193 VV-�� M.ECOY _.. -. serreeary_ COL-onADO 1.eu. .City ..-dnt1 .. County at_ _ DanVBr.. The forrgaing Lnet rum-ent wan acknowledged before r^h th(n 10th dal. of July Hy 1073 , dy Dennis McCoy Prank rl, Meeks, Lv ae Pronldcnt sad as Asst. Secretary of . s corpnratlnn. ,W "IFQ.;;y Enterprises, Inc. My commission eep[rea ,-. 5 /5) C, v A rile ..s Wltsaee my hand and official seal. i''''nu t� ' t! 1 r.a�-wa'tr Nntrry R,61 k. 'F t Nw acre. waaaa5n n. -a tcynwwri.-_e..�r�rt >•,.vau.e c�,uw a.er. e....� ne,... i1R't QEtii mad.. laic 9th ,lay ,d July la 73 .1,r(arrn John Thoman Howard and Florence idal3ei tlyward (Grantor°M „rn -' - - n corr..rallnn •.reenlcrd Roof Hairline under .nd by virtue of the Inw...f thr 91n1• of coloratiO of rh..wand pert. WLTNRWYEld, Thee the .old part les of the fin( pert. for anti I,, tan.lder.t Ian et the rum of Two nunured dleven TiloLlaand Two Mundred and no/100 DOLLAR& 4.. the ..Id pert ieuef the first part in hand paid by the tell party of the menial pert. the receipt wharcef to hereby eonfesaed ..W arknnWloided, It•Velrented, bargnlned. w1d and co ddddd, and by these proaent• do grant, kerneln cell, c e,. end roe..., unto the .aid peaty .f ib....toed part, Ike •ki,oloone a.,.1 n..11ra. raveoe1, ll aer the tuliorelng Ti lted bed lot or parcel of hand, situate, lying and heir. In the County of We end alai.. of Colorado. to wit. All of SeCtiOn 6 and the Weak 1/2 of Section 5,Townehip Range 64 West of the 6th P.M_, together with all water and water rights, ditch and ditch rights, mineral and mineral rightu, oil and gas and oil and qaa rights appurtenant thereto. Stole poculnenlory Feu Tl)Gf TJfhlt with all and sinnviar the bereditan.nnit and oppurtennnres thereunto beloapinr at in ■nytvl.0 n pp.rtaining. and the rar•ntion and ritansiotu, remainder and re..lndere. rent.. Lours and protit..hor.oll and •1! t hy ..edu, right, Clio. Warm!, dale and demand WI.alao.atr of the mold part lea of the first met, .fth.r In l.w or .,fully. nf, La and to the shore bar.ain.d pr.reinn, width the he ordltemrnt. and of, porter, sneer. TO HAYS ANDn TO HOLD the aeLd pm . la..bore bmrrainrd and dinorlbed, with the .ppert.n.n.r., unto the e � nerd party of the . It. Puneer.or. and stalrn. forever. And the weld port ion of the flrtt pert, for ttiClyelves, /bnI n, .arc utare, and .delnietr.san, do covenant. Aron(,'amain nod ova.. To red olth t he n.yd party of the aererel part, Ste htmeenaat, and ae.lgna, that at the Lime of the .n.a.iln. ■nd delivery of t hese prnsenta, they arUreii .eieed ei the prends. , savor, ronvertd. as of good, .pro. parfacl. ahtoleto and lnd.fenrt4lo ertete of lnhorll-ono,, I,. Ie., In for .I,.pir, .nd h.VU 1004 right, full rawer end lawful authority to grant beep..in, non and canner the earn. in m nd farm n. .fonoeeld. and (lint the ono -morn free end rlrar from all fora,r and Oh, Yawn(., h.rgel.a, ..L., II.,. le..e, .nt. n1,d , mhrnnree of whntrr, r kind nr nature .....',,except the 1973 taxers and reservation° and eanementa and right° -Of - way of record and ft mortgage FeeordOd in Boost 65.5,Hoc. No. 1577262,wbich mortgage Grantors agree to pay,and two oil and gaa leaden rdcOrded is Weld cpfy_htexi twapbr cos to the yu1000k 637,H9o. No. 1599 $6 and in Book 622 '1Tr4Yt kin rSSI)d.e ir3'didAl pue.lul pos.sa.len pf lh..eid party of the •mood part. 11• auteeanrl. and amnia.., ,psln.t all and every perigee ar antenna lawfully steimDoi er to claim the whom or only Part th.root. tar nail pantie eof ilia Brat part ehald end wilt WARRANT AND FOREVER DEFEND. IN Wfahlgd9 W$EDRO7, The nail parL jest! the Jere! part my& het...de ..ttheir betide . nd seal G the dap and year first .bore wHttan. el.ned, 9.ai+d and ❑all: ercd In the Pr,..nee of ! r f ,r.. �..• _ '�.� w.'.1 "' John Thorne's Howard ... ...... . .. ......... ........ ................... ... ... ... .... ....... ., .,,..., ... [REAL] FITATE OF C❑LOltAbu. City and County•or Denver f.1n.peing In.t rvrner,t tat ookeowirdaed I.efvre ma into 9th day or July l!7 j , by John Thoonae Howard and Florence Mabel Howard. ta�al sa en espin. MrCn,nmh.fpn arplre. Fr". 7.117• Hello