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Home My WebLink About20190881.tiffRESOLUTION RE: APPROVE RESUBDIVISION, RES18-0005, TO AMEND LOT LINES BETWEEN LOTS 1 AND 2 OF THE WELD COUNTY INDUSTRIAL PARK (MINF12-0001) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH C/O MARK GOLDSTEIN 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 Board of County Commissioners held a public hearing on the 27th day of February, 2019, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Triton Water Resources, LLC, and Peckham Development Corporation, both c/o Mark Goldstein, P.O. Box 273180, Fort Collins, Colorado 80525, for a Resubdivision, RES18- 0005, to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12- 0001), on the following described real estate, being more particularly described as follows: Lots 1 and 2 of the Weld County Industrial Park; being part of the W1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the Resubdivision application requirements of Section 24-5-30.A of the Weld County Code. The applicant submitted a resubdivision application that included all the items applicable for review and a draft plat map of the subject lot being resubdivided. The application materials include an explanation of the resubdivision request. No rules, regulations, and ordinances are proposed to be changed and the resubdivision plat will not be altered in any way which will adversely affect the character of the original subdivision plat. 2. The application was processed according to the review procedures of Section 24-5-30.B for a Resubdivision, as follows: A. Section 24-5-30.B.1 -- Any person wanting to apply for review of a resubdivision shall arrange for a preapplication conference with the Department of Planning Services. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board of County Commissioners. A Pre -Application (PRE18-0177) meeting was held on June 21, 2018, where it was determined that a resubdivision was applicable. No material concerns were identified. cc. pk_CmvlT9\POW RP t-P.,P 3/Iq / fq 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH C/O MARK GOLDSTEIN PAGE 2 B. Section 24-5-30.B.2. -- In the event a utility easement is affected, the Department of Planning Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. As detailed in the Proposed Easements Statement and the Drainage Narrative, both dated October 18, 2018, and submitted in the application materials as required per Section 24-5-30.A.12 and 13, there are no changes to the lots' drainage design. However, the easements will need to be changed to reflect the proposed lot lines. The existing MINF12-0001 plat map includes 10 -foot utility easements along each side of all interior lots lines (20 -foot total width) within the Weld County Industrial Park. The existing utilities for Lots 1 and 2 come south off of Niobrara Boulevard, including gas (Atmos) and electric (Xcel) lines. The application proposes to vacate the existing 10 -foot utility easement on each side of the lot line (20 -foot total) between the existing southern lot line of Lot 1 and northern lot line of the Lot 2 notch. A new utility easement will be created that extends directly south along the proposed lot line, overlaying on the existing +/- 20 -foot drainage easement. The Utility Board, at a meeting held on February 14, 2019, unanimously recommended approval of the easement vacation and redesign request to remove the existing easements along the existing lot lines and to create the proposed easements along the proposed lot lines. All utilities affecting this site were notified of the Utility Board hearing. There were no concerns expressed via correspondence or at the hearing. No other changes to the Subdivision's overall utility or drainage design are proposed. No additional drainage improvements are required or increased impervious surfaces proposed for this resubdivision. Additionally, no rights -of -way are proposed to be vacated. No changes are proposed that would affect the 15 -foot utility easement along the Niobrara Boulevard right-of-way. No changes are proposed that would affect the 20 -foot utility and drainage easement along the exterior lot lines. No changes are proposed that would affect the 30 -foot utility and drainage easement along the exterior rights -of way. No changes are proposed that would affect the 25 -foot right-of-way setback, 10 -foot right-of-way landscape buffer or 10 -foot adjacent property line offset. Additionally, the Weld County Department of Public Works referral dated December 21, 2018, and Central Weld County Water District referral dated December 7, 2018, did not submit any comments or concerns regarding the proposed easement modifications. 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH C/O MARK GOLDSTEIN PAGE 3 3. Section 24-5-30.6.3. -- The Planner shall give notice of the resubdivision and the public hearing date to those person listed in the application as owners of property located within five hundred (500) feet of the resubdivision lots. Surrounding property owners within 500 feet were notified of the proposed Resubdivision. Thirty (30) notifications were mailed out. No responses were received back. Three (3) SPO notices were undeliverable. No calls or other correspondence were received. 4. Section 24-5-30.B.6. -- The Planner shall send the application for resubdivision to referral agencies, including, but not limited to municipalities within a three (3) mile radius of the property. The City of Evans and Town of Gilcrest were sent referral notices. Neither municipality responded. No municipal boundaries are adjacent to the Weld County Industrial Park. The subject lots are located within the City of Evans Coordinated Planning Agreement (CPA) boundary. The proposed Resubdivision is exempt from the definition of Development as defined in Evans CPA Section 19-19-40 of the Weld County Code and thus no Notice of Inquiry was required. The site is not located within any other Intergovernmental Agreement (IGA) boundary. The subject lots are not located within an Urban Growth Boundary (UGB) of any municipality or Regional Urbanization Area (RUA). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Triton Water Resources, LLC, and Peckham Development Corporation, both c/o Mark Goldstein, for a Resubdivision, RES18-0005, to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001), on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Resubdivision Plat: A. The plat shall be amended to delineate the following: 1) All pages shall be labeled Weld County Industrial Park Lots 1 and 2 Resubdivision, RES18-0005. 2) The plat shall be prepared per Section 24-5-30.A.15. of the Weld County Code. 3) The plat shall contain the certification blocks per Appendix 24-B.A and Appendix 24-G of the Weld County Code. 4) The plat shall be updated to show only the property under consideration for the resubdivision per Section 24-5-30.A.15.a of the Weld County Code. 5) Show the lot line being vacated with a dashed line type and show the new lot lines with a heavy -weight line type, consistent with the existing MINF12-0001 plat. 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH C/O MARK GOLDSTEIN PAGE 4 6) Show the utility easement being vacated with a hatched fill pattern and show the new utility easement with a dashed line type, consistent with the existing MINF12-0001 plat. 7) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. 8) Show and label the Niobrara Boulevard 100 feet of right-of-way and the location of the physical road within the right-of-way. 9) County Road 33 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 10) Show and label the drainage flow arrows. 11) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. B. The following notes shall be delineated on the Resubdivision Plat: 1) This Resubdivision amends the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001). 2) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. 3) Allowed uses in the Resubdivision consist of 1-3 (Industrial) uses listed in Chapter 23, Article III, Division 4 of the Weld County Code and shall adhere to the Design and Operational Standards, as delineated in Section 23-3- 350 and Section 23-3-360 of the Weld County Code. 4) The existing Weld County Industrial Park Outlots A, B and C are designed to benefit the entire subdivision, specifically for drainage purposes. The existing Outlots will continue to benefit Lots 1 and 2 of RES18-0005. Outlots for drainage are non -buildable for structures providing habitable space. 5) The Weld County Industrial Park Commercial Owners' Association is responsible for liability insurance, taxes, and maintenance of outlots, streets, private utilities and other facilities. 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH C/O MARK GOLDSTEIN PAGE 5 6) The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article V, of the Weld County Code. 7) Intersection sight distance triangles at development entrances will be required. All landscaping with the triangles must be less than 3.5 feet in height at maturity. 8) All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved Sign Plan, per MINF12-0001 and the Weld County Sign Code. 9) Installation of utilities and requirements of the service providers shall comply with Section 24-9-10 of the Weld County Code. 10) A Site Plan Review is required for each building for which a building permit is required. When a Site Plan Review application is received by the County for development on Lots 1 or 2 of the Resubdivision, the applicant shall be required to notify all surrounding property owners within 500 feet of the original Weld County Industrial Park boundary (MINF12-0001) via Certified Mail. 11) Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 12) 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. 13) The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 14) 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. 15) The historical flow patterns and runoff amounts on the site will be maintained. 16) Water service may be obtained from the Central Weld County Water District. 17) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems designed in accordance with the regulations of the Colorado Department 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH CIO MARK GOLDSTEIN PAGE 6 of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 18) Activity or use on the surface of the ground over any part of the on -site wastewater treatment system must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 19) The site shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 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) 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. C. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon plat approval by the Department of Planning Services, the applicant shall submit the RES18-0005 plat for recording in accordance with Sections 24-5-30.A.15 and 24-5-40 of the Weld County Code. A. The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If the resubdivision plat has not been recorded within sixty (60) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the 2019-0881 PL2147 RESUBDIVISION (RES18-0005) - TRITON WATER RESOURCES, LLC, AND PECKHAM DEVELOPMENT CORPORATION, BOTH O/O MARK GOLDSTEIN PAGE 7 willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision per Section 24-5-40 of the Weld County Code. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datiutiv �C•g1 Weld County Clrk to the Board BY: Deputy Cle AP "• DA to the Boar County Attorney Date of signature: 3-12-19 EXCUSED Barbara Kirkmeyer , Chair Mike Freeman , Pro-Tem P. Conway ames Steve Moreno 2019-0881 PL2147 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Michael Hall Hearing Date: February 27, 2019 RES18-0005 Triton Water Resources, LLC do Mark Goldstein and Peckham Development Corporation do Mark Goldstein Kimley-Horn & Associates, Inc. c/o Kevin Barney Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) Lots 1 and 2 of Weld County Industrial Park; being part of the W2 of Section 23, T4N, R66W of the 6th P.M., Weld County, CO South of and adjacent to Niobrara Blvd; east of and adjacent to County Road 33 Water Service Lot 1: Bottled Water / Proposed CWCWD Tap Before/After: Lot 2: Bottled Water / Proposed CWCWD Tap Size of Parcels: Lot 1: ± 5.55 acres / 7.85 acres Before/After: Lot 2: ± 11.35 acres / 9.05 acres Sewer Service: Lot 1: Portable Toilets Before/After: Lot 2: Proposed Septic Parcel Nos. Lot 1: 1057-23-2-01-001 Lot 2: 1057-23-2-01-002 The criteria for review of this Resubdivision are listed in Section 24-5-30 of the Weld County Code. The Department of Planning Services' Staff has received responses with comments from the following agencies: Weld County Department of Public Works, referral dated December 21, 2018 Weld County Department of Public Health and Environment, referral dated December 3, 2018 The Department of Planning Services' Staff has received responses without comments from the following agencies: Y Weld County Zoning Compliance, referral dated December 7, 2018 ▪ Weld County School District RE -1, referral dated November 26, 2018 ▪ Central Weld County Water District, referral dated December 7, 2018 ▪ Colorado Division of Water Resources, referral dated December 3, 2018 The Department of Planning Services' Staff has not received responses from the following agencies: • City of Evans • Town of Gilcrest ▪ La Salle Fire Protection District RES18-0005 — Triton & Peckham Page 1 of 8 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Water Service Before/After: Size of Parcels: Before/After: Narrative: RESUBDIVISION FOR REDESIGN, ADDITION OR VACATION ADMINISTRATIVE REVIEW Michael Hall RES18-0005 Triton Water Resources, LLC c/o Mark Goldstein and Peckham Development Corporation do Mark Goldstein Kimley-Horn & Associates, Inc. c/o Kevin Barney Hearing Date: February 27, 2019 Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) Lots 1 and 2 of Weld County Industrial Park; being part of the W2 of Section 23, T4N, R66W of the 6th P.M., Weld County, CO South of and adjacent to Niobrara Blvd; east of and adjacent to County Road 33 Lot 1: Bottled Water / Proposed CWCWD Tap Sewer Service: Lot 1: Portable Toilets Lot 2: Bottled Water / Proposed CWCWD Tap Before/After: Lot 2: Proposed Septic Lot 1: ± 5.55 acres / 7.85 acres Lot 2: ± 11.35 acres / 9.05 acres Parcel Nos. Lot 1: 1057-23-2-01-001 Lot 2: 1057-23-2-01-002 The applicants are proposing a Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park, approved by MINF12-0001, recorded January 10, 2014, reception # 3989177. The proposed Resubdivision will remove the existing notch portion of Lot 2 that is located south of Lot 1 and will merge that area into Lot 1 in order to square -up both Lot 1 and Lot 2. This process will also make both Lot 1 and Lot 2 roughly the same size and will better support potential industrial development and users of the lots. The existing Weld County Industrial Park MINF12-0001 plat map shows nine (9) buildable lots with 1-3 (Industrial) Zone Uses and three (3) outlots. The industrial lots currently range from 4.99 acres (Lot 6) to 14.77 acres (Lot 8) with an average size of 8.91 acres. The Resubdivision does not create any additional lots and does not change the overall design, concept or nature of the Weld County Industrial Park. If RES18-0005 is approved by the Board of County Commissioners, pending amended Site Plan Reviews on Lot 1 (SPR18-0018) and Lot 2 (SPR18-0019) will reflect the new lot configuration and may proceed with recording. The Department of Planninq Services' staff recommends that this request be approved for the following reasons: 1. It is the opinion of the Department of Planning Services that the submitted materials are in compliance with the Resubdivision application requirements of Sections 24-5-30.A. and B. of the Weld County Code as amended by Ordinance 2018-03. A. Section 24-5-30.A -- An applicant shall submit a complete resubdivision application and application fee to the Planner. The applicant submitted a resubdivision application that included all the items applicable for review and a draft plat map of the subject lot being resubdivided. The application materials include an explanation of the resubdivision request. No rules, regulations, and ordinances are RES18-0005 — Triton & Peckham Page 2 of 8 proposed to be changed and the resubdivision plat will not be altered in any way which will adversely affect the character of the original subdivision plat. B. Section 24-5-30.B. -- Review procedures for resubdivision. The application was processed according to the review procedures for a Resubdivision. Pertinent processing information includes: 1. Section 24-5-30.8.1. -- Any person wanting to apply for review of a resubdivision shall arrange for a preapplication conference with the Department of Planning Services. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board of County Commissioners. A Pre -Application (PRE18-0177) meeting was held on June 21, 2018. At that meeting it was determined that a resubdivision was applicable. No material concerns were identified. 2. Section 24-5-30.B.2. -- In the event a utility easement is affected, the Department of Planning Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. As detailed in the Proposed Easements Statement and the Drainage Narrative, both dated October 18, 2018 and submitted in the application materials as required per Section 24-5- 30.A.12 and 13, there are no changes to the lots' drainage design. However, the easements will need to be changed to reflect the proposed lot lines. The existing MINF12-0001 plat map includes 10 -foot utility easements along each side of all interior lots lines (20 -foot total width) within the Weld County Industrial Park. The existing utilities for Lots 1 and 2 come south off of Niobrara Boulevard including gas (Atmos) and electric (Xcel) lines. The application proposes to vacate the existing 10 -foot utility easement on each side of the lot line (20 -foot total) between the existing southern lot line of Lot 1 and northern lot line of the Lot 2 notch. A new utility easement will be created that extends directly south along the proposed lot line, overlaying on the existing +1- 20 -foot drainage easement. The Utility Board at a meeting held on February 14, 2019, unanimously recommended approval of the easement vacation and redesign request to remove the existing easements along the existing lot lines and to create the proposed easements along the proposed lot lines. All utilities affecting this site were notified of the Utility Board hearing. There were no concerns expressed via correspondence or at the hearing. No other changes to the Subdivision's overall utility or drainage design are proposed. No additional drainage improvements are required or increased impervious surfaces proposed for this resubdivision. Additionally, no rights -of -way are proposed to be vacated. No changes are proposed that would affect the 15 -foot utility easement along the Niobrara Boulevard right-of-way. No changes are proposed that would affect the 20 -foot utility and drainage easement along the exterior lot lines. No changes are proposed that would affect the 30 -foot utility and drainage easement along the exterior rights -of way. No changes are proposed that would affect the 25 -foot right-of-way setback, 10 -foot right-of-way landscape buffer or 10 -foot adjacent property line offset. Additionally, the Weld County Department of Public Works, referral dated December 21, 2018 and Central Weld County Water District, referral dated December 7, 2018, did not submit any comments or concerns regarding the proposed easement modifications. RES18-0005 — Triton & Peckham Page 3 of 8 3. Section 24-5-30.8.3. -- The Planner shall give notice of the resubdivision and the public hearing date to those person listed in the application as owners of property located within five hundred (500) feet of the resubdivision lots. Surrounding property owners within 500 feet were notified of the proposed Resubdivision. Thirty (30) notifications were mailed out. No responses were received back. Three (3) SPO notices were undeliverable. No calls or other correspondence were received. 4. Section 24-5-30.B.6. -- The Planner shall send the application for resubdivision to referral agencies, including, but not limited to municipalities within a three (3) mile radius of the property. The City of Evans and Town of Gilcrest were sent referral notices. Neither municipality responded. No municipal boundaries are adjacent to the Weld County Industrial Park. The subject lots are located within the City of Evans Coordinated Planning Agreement (CPA) boundary. The proposed Resubdivision is exempt from the definition of Development as defined in Evans CPA Section 19-19-40 of the Weld County Code and thus no Notice of Inquiry was required. The site is not located within any other Intergovernmental Agreement (IGA) boundary. The subject lots are not located within an Urban Growth Boundary (UGB) of any municipality or Regional Urbanization Area (RUA). This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Resubdivision Plat: A. The plat shall be amended to delineate the following: 1. All pages shall be labeled Weld County Industrial Park Lots 1 & 2 Resubdivision No. RES18-0005. (Department of Planning Services) 2. The plat shall be prepared per Section 24-5-30.A.15. of the Weld County Code. (Department of Planning Services) 3. The plat shall contain the certification blocks per Appendix 24-B.A and Appendix 24-G of the Weld County Code. (Department of Planning Services) 4. The plat shall be updated to show only the property under consideration for the resubdivision per Section 24-5-30.A.15.a. of the Weld County Code. (Department of Planning Services) 5. Show the lot line being vacated with a dashed line type and show the new lot lines with a heavy -weight line type, consistent with the existing MINF12-0001 plat. (Department of Planning Services) 6. Show the utility easement being vacated with a hatched fill pattern and show the new utility easement with a dashed line type, consistent with the existing MINF12-0001 plat. (Department of Planning Services) 7. Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 8. Show and label the Niobrara Boulevard 100 feet of right-of-way and the location of the physical road within the right-of-way. (Department of Planning Services) RES18-0005 — Triton & Peckham Page 4 of 8 9. County Road 33 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right- of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. Show and label the drainage flow arrows. (Department of Public Works) 11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) B. The following notes shall be delineated on the Resubdivision Plat: 1. This Resubdivision amends the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) (Department of Planning Services) 2. Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning Services) 3. Allowed uses in the Resubdivision consist of 1-3 (Industrial) uses listed in Chapter 23, Article III, Division 4 of the Weld County Code and shall adhere to the Design and Operational Standards, as delineated in Section 23-3-350 and Section 23-3-360 of the Weld County Code. (Department of Planning Services) 4. The existing Weld County Industrial Park Outlots A, B and C are designed to benefit the entire subdivision, specifically for drainage purposes. The existing outlots will continue to benefit Lots 1 and 2 of RES18-0005. Outlots for drainage are non -buildable for structures providing habitable space. (Department of Planning Services) 5. The Weld County Industrial Park Commercial Owners' Association is responsible for liability insurance, taxes, and maintenance of outlots, streets, private utilities and other facilities. (Department of Planning Services) 6. The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article 5 of the Weld County Code. (Department of Planning Services) 7. Intersection sight distance triangles at development entrances will be required. All landscaping with the triangles must be less than 3.5 feet in height at maturity. (Department of Planning Services) 8. All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved sign plan per MINF12-0001 and the Weld County Sign Code. (Department of Planning Services) 9. Installation of utilities and requirements of the service providers shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 10. A Site Plan Review is required for each building for which a building permit is required. When a Site Plan Review application is received by the County for development on Lots 1 or 2 of the Resubdivision, the applicant shall be required to notify all surrounding property owners within 500 feet of the original Weld County Industrial Park boundary (MIN F 12-0001) via Certified Mail. (Department of Planning Services) 11. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A RES18-0005 — Triton & Peckham Page 5 of 8 plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Planning Services) 12. 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) 13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 14. 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) 15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 16. Water service may be obtained from Central Weld County Water District. (Department of Public Health and Environment) 17. The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) 18. Activity or use on the surface of the ground over any part of the on -site wastewater treatment system must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) 19. The site shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 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 RES18-0005 — Triton & Peckham Page 6 of 8 rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well - run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. C. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon plat approval by the Department of Planning Services, the applicant shall submit the RES18-0005 plat for recording in accordance with Section 24-5-30.A.15 and Section 24-5-40 of the Weld County Code. A. The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If the resubdivision plat has not been recorded within sixty (60) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners RES18-0005 — Triton & Peckham Page 7 of 8 may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision per Section 24-5-40 of the Weld County Code. 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'_ rat ,� _ ' 'k"�" 3 °•' .I. ••r.4'aT,>!Y; / wjyr+ly'�..S': :'''~•` y6 r . ,, k yr,I, ,, � -1:::aft.' }�.# A'1•. • 7 'l` '- T►•� •N },14.4 :>SA .r 1i vs - •'• , tthA? 3. • i..^ %p +�•yr - w1 .�n -. � S .Z• �r'f -r ,(� , r , v [ :310041.k: 44 ;*: - `1... ,� We 1 ..• .. iAwR' •„„tg,,44110111^ �iia ?� • �, �}'rYt•U. . * ,1 •-F r 4 y! .'. • f� y , CASE NUMBER : RES18 - 0005 APPLICANT: TRITON WATER RESOURCES, LLC AND PECKHAM DEVELOPMENT CORPORATION PLANNER : MICHAEL HALL REQUEST: RESUBDIVISION TO AMEND THE LOT LINES BETWEEN LOTS 1 AND 2 OF THE WELD COUNTY INDUSTRIAL PARK ( MINF12 - 0001 ) LEGAL DESC : LOTS 1 AND 2 OF WELD COUNTY INDUSTRIAL PARK ; BEING PART OF THE W2 OF SECTION 23 , T4N , R66W OF THE 6TH RM . , WELD COUNTY, CO LOCATION : SOUTH OF AND ADJACENT TO NIOBRARA BLVD ; EAST OF AND ADJACENT TO COUNTY ROAD 33 ;. _ _ y' -:1r' - — . tilr. _ • a ill +„�- _ --411.0 - it- -PL - lliir* ati ' • IF -- . - ^:. I!��• �• fir. - ,1 _ l� � ti._ . .p .. LS _ .. - ..-V,.�A41T4 _� • I 7 7 r - 77116 ♦ .•s _ -sus em-. et-r- - -• • . ham` -G - - __ � . _ jet ' `Illirta.a �. T Public h rin-* � concerning this i ro will be heard before the ��. p �►' �, L .. - County Planning Commission and �"`�` Board of County Commissioners. ileit Both hearings will be held at: ►1 1 - --Ilt _ WELD COUNTY ADMINISTRATION BUILDING tit. _ 1150 " O " Street • Greeley, CO 80� ? at Planning Commission Hearing will be held on ins: _ Y 20 ; t C Board of County Commissioner Hearing will be held on itsi", e UA � '' 272o / 9 • at 9 : 00 AM _aimsJr rRIroN WAD R t •r sou ttc pp cant: G s - .- _ ash, . ....., l75CkrHAM PertEtoe Aft- co R P if } er . is. __ ... Request: Pk _ Wit ts' RESUBDIVISION TO AMEND THE LOT LINES a. BETWEEN LOTS 1 AND 2 OF THE WELD — COUNTY INDUSTPIA.L PARK (MINF12 -OO01) ~ Case Number: Rt. s / 8 -caos Acres: di . , *' ' FOR FURTHER INFORMATIONPLEASE CONTACT , c ) 0411E L 14 1 r AI THE WELD COUNTY D FAQ T IvIENT OF PLANNING IERVICES, Al 970-353-6100, extf3. >28It ../ 4 vvcidco ► t I rein c- se ,or9 4 For Additional In�rrtttion visit vwvvu. !P ' .� � .• I!F Ct7r(/J'rtf•(•: J'Yr.i,yurril CL-'ndrlJcnsl'td'.tdte rul�Sl'ei/x.� fr� i'e-v -/cf,r �e••r l'lan.rmlUrt bY`iFrrft Nd4glr►C i,'Y�vr/r�fei riM/�'1'ry rti' � �•+'. ..,r. -r lirr.,rixt�rrr rl,r rill rr+Gdf 4(J�r'xV)A1Y grrrr(dOMCr"ArM'ur,yr i{.�rr�rr�+r�, rcr.rsrrurµ,ur l[�r7'Jf"1� CIIkJN'u � • f.lfx •1Srr.t+jeeiirs CHMWr @risrrrf..vtA at 1O1O 111dH'•JnnA49[. TrrrrrJIIJr.,•�t,r�A fkx7d G�l�O4N C�N'�/NR9rlW I'MfYfPfO'frM:�+ 7. a r • . .r L iiA` ' is,./. 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I t A III �� ( �� I,ir I ( I ill I tl �I° _ 1. ` l.� � I-° _s P I . d . - �l +CIl , FWIII ea' ._ y _. 1. 1 . r1 ! 'l' I , WELD COUNTY INDUSTRIAL PARK ...amain Y69er. ,s a: �L'.1C _ _ • li lrp,ri, - t -e Mr•V 1c' Ia R M.•,- ya, ,,. as ii-i�',V'rl 'I,y'✓bVM�IIYIY',tRocuit•Y.� '1'il�i AT a V LOT B OF RECORDED EXEMPTION NO. 1057 -23-2 -RE CX12-0056 BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4- NORTH, RANGE 66 WEST, OF THE 6TH P.M.. COUNTY OF WELD, STATE OF CCLLORADO. �- ------\\ CO IJ N'`1 ]. WAD 4.O, 44 r. T 4 Mt* X, ' F11=1-•14c RI:IIT-W—NA.Y $QUiH SILE Of is.ti S14 SC2 DU JME BOCK PACE 233 Io.:Gx, :Uv4t Nt}RTHW;5T b£I:uiW4 OOFNER SEG11 Y 2a a Qv:F.7 see?. ��J -OWNStIP 4 MUR`H, FAKE F6 W T. r4JM141 'a'SF'LH DKr-bLARTFR CORIJFR' cirrni, yi, e�' y SIAM 51IOWIIP IN '. hr]IVJ.lkEt11 (30.1C(30.1CA'.SI}ots��z ,j wp E. 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IN IOJJU W BOX �y 4 $0 160 24 November 26, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com PHONE: (970) 400-3528 FAX: (970) 304-6498 BARNEY KEVIN 4582 S ULSTER STREET STE 1500 DENVER, CO 80237 Subject: RES18-0005 - Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) On parcel(s) of land described as: LOTS 1 AND 2 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Evans at Phone Number 970-475-1170 Gilcrest at Phone Number 970-737-2426 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. Respe5ully, Michael Hall Planner From: Kristine Ranslem <kranslem@weldgov.com> Sent: Thursday, February 14, 2019 7:29 AM To: carson.ortega@centurylink.com; Evan Pinkham <epinkham@weldgov.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Jeremy Young <jyoung@fffd.us>; jerry.adams@atmosenergy.com; kmuncy@unitedpower.com; leannk@nwcwd.org; lucas.a.mcconnell@xcelenergy.com; mwailes@mdwailes.com; Mike McRoberts <mmcroberts@weldgov.com>; Rob@stsan.com; terry.speer@centurylink.com Subject: 2/14 Utility Board Meeting Importance: High I just wanted to remind everyone of the 10 am Utility Board Meeting today. Please let me know if you have any questions. Thanks! Ki4s- vt4 vL.c. Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Century Link Frederick -Firestone Fire Atmos Energy United Power NWCWD XCEL Energy Wailes - Ditches SVSD WeldGov PW Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. FIELD CHECK Inspection Date: 2/13/2019 Planner: Case Number: Applicant: Michael Hall RES18-0005 Triton Water Resources, LLC c/o Mark Goldstein and Peckham Development Corporation c/o Mark Goldstein Representative: Kimley-Horn & Associates, Inc. c/o Kevin Barney Request: Hearing Date: February 27, 2019 Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (M1NF12-0001) Zoning Land Use N 1-3 (Industrial) N Industrial E 1-3 (Industrial) E Industrial S 1-3 (Industrial) / A (Agricultural) S Agricultural / Residential / Grader Shed W 1-3 (Industrial) / A (Agricultural) W Agricultural / Residential / Hwy 85 COMMENTS: Lot 2 is mostly vacant and is unimproved dirt surface. Lot 2 does not have a developed access point. There are several small sheds located in the notch area of Lot 2 that will be incorporated into Lot 1. There is a chain link fence on the lot line between Lots 2 and 3. Lot 1 contains the Triton Water Transfer Depot including a building with 5 overhead garage doors, a 3 - bay water pump area, tank, pole lights, and several small accessory structures. There are 2 access points into Lot 1 that allow trucks to pull completely through the site. There is minimal landscaping and trees on - site. There is a wooden fence on the lot line between Lot 1 and CR 33.The surrounding parcels are also industrial businesses and storage yards, primarily for the oil and gas industry. No concerns were observed. Michael Hall, Planner NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: February 27, 2019 TIME: 9:00 a.m. APPLICANT: Triton Water Resources, LLC, and Peckham Development Corporation, both c/o Mark Goldstein P.O. Box 273180, Fort Collins, CO 80525 REQUEST: Resubdivision, RES18-0005, to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) LEGAL DESCRIPTION: Lots 1 and 2 of Weld County Industrial Park; being part of W1/2 of Section 23, Township 4 North, Range 66 West of 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to Niobrara Blvd; east of and adjacent to County Road 33 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 15, 2019 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 211712019. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A RESUBDIVION IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POSTA SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, MICHAEL HALL, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR RES18-0005 IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT. Michael Hall Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this /?1L day of ►� er✓1'tZ,C�L , 2019. WITNESS my hand and official seal. Notary Public My Commission Expires: (.e/5 -- Kirin g Sir"' NOIAIV( I66 MY COMh„ISSIO:; Li; Slam 4 • atlas- y_p _ -IL, , . .r ` Y.. 1t s - b �i � �1/. - _ 'ti • rs: .� .�f .M� tr . - • . - -s r -a�r -6*_, --1 w-►• I _ - warin�rre a I Vi w_ y - - r ...+K..:-'see r — —-- a alb. ,s1ralre ••••• •8111Wie `i a . # _ w- 7L ti^ p` , t 1 - , a 1 I b 1 •I allillillieNCilleanleallilla -a- Public heartngs concerning this property will be heard before the .0ii‘.. - .... . mots • .. • County Planning Commission and :Iltdat tali,. � Board of County Commissioners . ,, .: , z or sow Both hearings will be held at : r iir _ igs__...,sk 1WELD COUNTY ADMINISTRATION BUILDING f se ,.. .fr, 1150 " O " Street ii • Greeley, CO 86631en.; ....; , , . _. , -stat .,...„, Planning Commission Hearing will be held on ___ _ ..,IF • i as- a --._ 20 , at a `` 1 Board of County Commissioner Hearing will be held on stip. 1 FEBRUARY 2 7 20 9 l , at- 9 ; oo AMi - w 48. r - ` w RtroN W �47-E R SoLi a. " Applicant C ea S . sf. t ryeck M D � o P 14A 'eu . &MEE ?' CoR . } Request: _ . .sciiltrie RESUBDIVISION TO AMEND THE LOT LINES 4 L BETWEEN LOTS 1 AND 2 OF THE WELD " COUNTY INDUSTRIAL PARK ( MINF2 ?-0001 ) ill __ 4 ea j v r: �. S / 8 � Qp U Acres . Case Number: _ / 6 . 9 FOR FURTHER INFORMATION PLEASE ON TACT Sri i-1 lc AT THE WELD COUNTY D PARTMENT OF NING ` RVICES , AT 970-353-6100, ext .92 8 PLAN .,, . ,• .ef ,•. nin cases. nrg • . %,, For Additional In • rmation visit www weldcountypl - g ' Man unndUwbv Vic< i Mt'otitis- e1Yrrfi( rf'ciurlr :rn ,r..t4rr.0 04 ,. os . � � Al ffr�l!t�f< h'r,rrr. '.r .Jr uraltl,nrr . 1)ir'i1 frrlt tt irfrSpxnrh, (1�0�tr1lrir oe, Iv r. ,r .,:,r ',MIT rd '. , the whirrtoe, r?/ ) • Jhfr onus*,irtat !limn of operation, screening, mod tltrrr Zw. tI•:l , 'fr r , hr<.rr r + ` S �h< ;ivr,;, r r.• ::.t,'j t ft• :tinnier) rrrvct/at ilk- t/t the Pltinntnq Ci7�rt►tnhflcin and Resold(Sat r,,r n//gy�pp Al ,� IS r i „• i iiiiith / .IMF �. i r ' l . J 3, ler i,„ , 4 , r ; NIL ,, li ... ., i), S • ' 1 ' i • ' 11 , f= 1 E , . RESUBDIVISION APPLICATION FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 11/19/2018 AMOUNT $ 500 CASE # ASSIGNED: RES18-0005 APPLICATION RECEIVED BY MH PLANNER ASSIGNED: MH Parcel Number(s): 1057_- 2 3-2 - 0 1 _ 0 0 1 & 1 0 5 7 - 2 3 _2 _ 0 1 _ 0 0 2 (12 -digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.weldoov.com) (Include all lots being included in the application area. Attach an additional sheet if necessary.) Legal Description(s) Lots 1 & 2 of Weld County Industrial Park , Section 23, Township 4 N, Range 66 W Total Acreage: 16.9 AC Existing Zone District: 1-3 Proposed Zone District 1-3 Existing # of lots: 2 Proposed # of lots: 2 Average Lot Size: 8.45 AC Existing Subdivision Name: Minimum Lot Size: 7.85 AC Maximum Lot Size: 9.05 AC Weld County Industrial Park MINF12-0001 Proposed Subdivision Name: Weld County Industrial Park 1AMMINF18-12-0001 FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Mark Goldstein Company: _Peckham Development Corporation and Triton Water Resources LLC Phone #: 970-797-2187 Email: mark@geiresources.com Street Address: PO Box 273180 City/State/Zip Code: _ Fort Collins, CO 80525 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Kevin Barney Company: _ Kimley-Horn & Associates, Inc. Phone #: 720-636-8303 Email: kevin.barney@kimley-horn.com Street Address : _4582 S. Ulster St., Suite 1500 City/State/Zip Code: Denver, CO 80237 UTILITIES: Water: Central Weld County Sewer: N/A Gas: Atmos Electric: Xcel Phone: Fire: LaSalle Fire Dept 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 fee owners must be included with the application. If a corporation is the fee owner, evidence must be included indicating the signatory has the legal authority to sign for the corporation -T, I Date Signature: Owner or Autrr zed Agent 4 Date Signature: Owner or Authorized Agent I s'Y(-J-• s riS dtrA. {�Cafr6� -T' Printed Name: Owner or Authorized Wgent Date Printed Name: Owner or Authorized Agent Date N'ro.) L k Upri ted: September 2018 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 Lot 1 AUTHORIZATION FORM Mark Goldstein (Triton Water I (We) Resources, LLC) (Owner — please print) , give permission to Kevin Barney (Kimley-Horn) (Authorized Agent — please print) to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: Lots 1 of the Weld County Industrial Park, Parcel Numbers 1057-23-2-01-001 Lot 1 of the Weld County Legal Description: Industrial Park Subdivision Name: Weld County Industrial Park of Section 23 , Township 4 N, Range 66 W Property Owners Information: Address: PO Box 273180, Fort Collins, CO 80525 Lot 1 Block N/A Phone: 970-797-2187 E-mail: mark@geiresources.com Authorized Agent Contact Information: Address: 4582 South Ulster St, Suite 1500, Denver, CO 80237 Phone: 720-636-8303 E -Mail: kevin.barney@kimley-horn.com Correspondence to be sent to: Owner Authorized Agent Both X / by Mail Email X Additional Info: Owner Signature: A. ,� /l ,tj0„-y-' f ` i• Date: Li• u`•.1 • J r§ Owner Signature: Date: Lot 1 Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Triton Water Resources, LLC . 2. The type of entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is P.O. Box 273180, Fort Collins, CO 80527. 5, The X name X position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Mark S. Goldstein, Managing Member 6. The authority of the foregoing person to bind the entity is X not limited limited as follows: N/A 7. Other matters concerning the manner in which the entity deals with interests in real property: NIA 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S.. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this .44 <,r• day of 1= r "1. , 20t TRITON WATER RESOURCES, L�C, a Colorado limited liahili, y company, By: • Mark S. Goldstein, Managing Member (1.1.1 STATE OF COLORADO ) ) ss. COUNTY OF •--Mt rri fit( ) The foregoing instrument was acknowledged before me this 2. i ,,1 day of 'e- ?J14:lr.1 % , 2014 by Mark S, Goldstein, as Managing Member of Triton Water Resources, LLC, a Colorado limifelfd liability company. Witness my hand and official seal. My commission expires: i. I . ZD1/;4 2.01f?*I0O:13`l I .AT1,IZY{N: I . ;br`;lii it —� NOTAyPUBLIC 1 � II- 1 F ()V COLORADO N OTR J ZY II) 20'104f11 f!'I30 MY C.0MMI SIar1 t-Xt'tRt S ON1 Ja0M�" l J ) Notary Public i A-aiRt'M L. tltiKperz [SEAL] Lot 1 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Fled Colorado Secretary of State Date and Time: 01/09/2013 04:32 PM ID Number: 20131020146 Document number: 20131020146 Amount Paid: $1.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Triton Water Resources, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "lid. liability co.", "limited" "lie.", "Be", or "lid,", See P-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the limited liability company's initial principal office is 110 East Oak Street Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) Suite 200 (Street number and name) Fort Collins CO 80524-2880 (City) (Province — if applicable) (State (ZIP/Postal Code) United�States (County) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Countfy) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) Pharris John (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) 110 East Oak Street Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) Suite 200 (Street number and name) Fort Collins co 80524-2880 (City) (State) (ZIP Code) ARTORG LLC Page 1 of3 Rev. 12/01/2012 (City) Co (State) (The following statement is adopted by marking the box.) n The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name) 110 East Oak Street Pharris John (Last) (First) (Middle) (Suffix) Mailing address Suite 200 (Street number and name or Post Office Box information) Fort Collins CO 80524-2880 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) n one or more managers. or n the members. 6. (The following statement is adopted by marking the box.) n There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) El This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORGLLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Pharris John (Last) (First) 110 East Oak Street (Middle) (Suffix) Suite 200 (Street number and name or Post Office Box information) Fort Collins CO 80524-2880 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This foiui/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 Lot 2 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Mark Goldstein (Peckham I, (We), Development Corporation) , give permission to Kevin Barney (Kimley-Horn) (Owner — please print) (Authorized Agent -- please print) to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: Lots 2 of the Weld County Industrial Park, Parcel Numbers 1057-23-2-01-002 Lot 2 of the Weld County Legal Description: Industrial Park of Section 23 , Township 4 N, Range 66 W Subdivision Name: Weld County Industrial Park Lot 2 Block N/A Property Owners Information: Address: PO Box 273180, Fort Collins, CO 80525 Phone: 970-797-2187 E-mail: mark@geiresources.com Authorized Agent Contact Information: Address: 4582 South Ulster St, Suite 1500, Denver, CO 80237 Phone: 720-636-8303 E -Mail: kevin.barney@<imley-horn.com Correspondence to be sent to: Owner Authorized Agent Both X / by Mail Email X Additional Info: jr, Owner Signature: Ar ° Date: • t �, Owner Signature: Date: Lot 2 4009182 04/15/2014 03:37 PM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Peckham Development Corporation. 2. The type of entity is a: µ7t_ corporation `registered limited liability partnership _nonprofit corporation _ registered limited liability limited partnership limited liability company limited partnership association _ general partnership _ government or governmental subdivision or agency limited partnership 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is F.O, Box 273180, Fort Collins, CO 80527. S. The X name X position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Mark S. Goldstein, President 6. The authority of the foregoing person to bind the entity is X not limited ^ limited as follows: NIA 7. Other matters concerning the manner in which the entity deals with interests in real property: MA 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S,. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this 1y i4 day of STATE OF COLORADO ) ) ss. COUNTY OF 1-4.rnaUv ) ii ,20d PECIKRAM DEVELOPMENT CORPORATION, a Colorado eor oration By: Mark S, Goldste r-P.xesiden+ The foregoing instrument was acknowledged before me this day of f 4 ( , 20at by rk Goldstein as ident of Peckham Develn nment Cor roration a Colorado eor oration. Witness my hand and official seal. My commission expires: Jp rl ' G o IA. EDWARD OeHERRERA NOTAPv. PUBLIC STATE Of COLORADO MYCOM SSIONEXPIRESJA�RY8,20t7 Notary Public a wAFiTTITLE [SEAL1 Pt o 5':�( Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business. Colorado Secretary of State Date and Time: 11/05/2012 03:02 PM ID Number: 20121143942 $25.00 Document number: 20121 6 17629 Amount Paid: $25.00 Lot 2 ABOVE SPACE FOR OI FICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-110-106 of the Colorado Revised Statutes (C.R.S.) ID number: 1. Entity name: 2. New Entity name: (if applicable) 3. Use of Restricted Words (if any of these terms arc contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 4. Other amendments, if any, are attached. 20121143942 Hickman Development Corporation (If changing the name of the corporation, indicate name BEFORE the name change) Peckham Development Corporation "bank" or "trust" or any derivative thereof "credit union" "savings and loan" "insurance", "casualty", "mutual", or "surety" 5. If the amendment provides for an exchange, reclassification or cancellation of issued shares, the attachment states the provisions for implementing the amendment. 6. If the corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires: OR (mmldd?yyyy) If the corporation's period of duration as amended is perpetual, mark this box: 7. (Optional) Delayed effective date: Notice: (mmlddlyyyy) Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. AMDPC Page 1 of 2 Rev. 5/01/2010 8. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Goldstein Mark S (Last) (First) (Middle) (Suffix) 1205 West Elizabeth Street (Street name and number or Post Office information) PMB 134 Fort Collins (City) CO 80521 (State) (Postal/Zip Code) United States (Province — if a pplicable) (Country— ifnotUS) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. AMDPC Page 2 of 2 Rev. 5/01/2010 Kimley>>> Horn October 18, 2018 Mr. Michael Hall Weld County Department of Planning Services 1555 N. 171h Avenue Greeley, CO 80631 RE: Re -Subdivision Request for Lots 1 and 2 of Weld County Industrial Park Weld County, Colorado Dear Mr. Hall: This letter is to inform you of the purpose of the Resubdivision application we are submitting for Lots 1 and 2 of the Weld County Industrial Park project. The internal lot lines within Lots 1 and 2 of the Weld County Industrial Park MINF12-0001 are being resubdivided to transfer approximately 2.3 acres of property on the west portion of Lot 2 to the south portion of Lot 1. The purpose of this resubdivision as requested by the property owner is to make both of these lots more usable and sellable. No other improvements to either of these properties are included with this application. The existing access points from Niobrara Boulevard will remain and no proposed/additional access points are included with this application. As required by the County, SPR Amendment applications for each of these lots will also accompany and be processed concurrently with this Resubdivision application. Per discussions with the County and due to the minor nature of revisions described above, it is our understanding that this Resubdivision request complies with the approved minor subdivision plat and the adopted rules, regulations, and ordinances in force affecting the plat. We met with the Department of Planning Services regarding this application and they did not have any concerns or issues that needed to be resolved prior to submittal of this application. Feel free to contact me at (720) 636-8303 with any questions or concerns. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (2 - Kevin Barney, PE Project Manager kimley-hom.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Kimley>>> Horn October 18, 2018 Mr. Michael Hall Weld County Department of Planning Services 1555 N. 171h Avenue Greeley, CO 80631 RE: Drainage Narrative for Lots 1 & 2 of Weld County Industrial Park Weld County, Colorado Dear Mr. Hall: The purpose of this letter is to describe the stormwater drainage patterns for Lots 1 & 2 of Weld County Industrial Park. Lots 1 & 2 both generally drain from the northwest corner of the site to the southeast corner of the site via sheet flow. As the stormwater leaves these lots it is conveyed in a drainage swale to the existing detention and water quality pond that was constructed with the overall Weld County Industrial Park. No significant off -site drainage flows onto either of these lots and we are not aware of any previously drainage problems on these lots. This Resubdivision application does not include the construction of any improvements for Lots 1 & 2, and subsequently there is no planned increased imperviousness for the lot. Therefore, this Resubdivision application for Lots 1 & 2 of Weld County Industrial Park should not negatively impact the existing site drainage or the existing downstream drainage facilities. Feel free to contact me at (720) 636-8303 with any questions or concerns. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (2 - Kevin Barney, PE Project Manager kimley-hom.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Kimley>>> Horn October 18, 2018 Mr. Michael Hall Weld County Department of Planning Services 1555 N. 171h Avenue Greeley, CO 80631 RE: Description of Proposed Easements for Lots 1 and 2 of Weld County Industrial Park Weld County, Colorado Dear Mr. Hall: This purposed of this letter is to inform you of the proposed drainage, access, and/or utility easements that are shown on the plat as part of this Resubdivision application. Consistent with the previously recorded plat for these lots, the following proposed easements are shown on the plat: • 10' Utility & Drainage Easements are proposed along both side lot lines for Lot 2 • 10' Utility & Drainage Easements are proposed along the east side lot line and the rear lot line for Lot 1 • A 20' Utility & Drainage Easement is proposed along the rear lot line for Lot 2 • A 30' Utility & Drainage Easement is proposed along the west side lot line for Lot 1 The existing drainage and utility easements that were dedicated on Lots 1 and 2 with the previously recorded plat will be vacated by this Resubdivision and replaced with the proposed utility and drainage easements noted above. Feel free to contact me at (720) 636-8303 with any questions or concerns. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (2 - Kevin Barney, PE Project Manager kimley-hom.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Lot 1 Weld County Treasurer Statement of Taxes Due Account Number R6785432 Parcel 105 723201 00 1 Assessed To TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS, CO 80527-3180 Legal Description Situs Address Ll WELD COUNTY INDUSTRIAL PARK 20856 COUNTY ROAD 33 WELD Year Tax Tax Charge 2017 S11,355.82 Interest Fees S0.00 $0.00 Payments Balance (511,355.82) $0.00 Total Tax Charge $0.00 Grand Total Due as of 07/16/2018 $0.00 Tax Billed at 2017 Rates for Tax Area 0104 - 0104 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2017 * Credit Levy Mill Levy Amount Values Actual Assessed 15,8000000* $3.321.95 WAREHOUSE/STORA $604,395 $175,270 19.3310000 $4.064.35 GE -LAND 1.0000000 $210.25 REFINING?PETROLEU $120,605 $34,980 M -IMPS. 1.8000000 $378.45 Total $725,000 $210,250 1.3530000 $284.47 5.1540000 $1.083.63 6.3170000 $1,328.15 3.2560000 $684.57 54.0110000 $11,355.82 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN HOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES -AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer • P.O. Box 458, Greeley, CO 80632 • 1400 N. 17th Ave, Greeley, CO 80631 • (970) 353-3845 Ext. 3290 Lot 2 Weld County Treasurer Statement of Taxes Due Account Number R6785433 Parcel 105723201002 Assessed To PECKHAM DEVELOPMENT CORPORATION PO BOX 273180 FORT COLLINS, CO 80527-3180 Legal Description Situs Address L2 WELD COUNTY INDUSTRIAL PARK Year Tax Tax Charge 2017 812,164.36 Interest Fees 80.00 $0.00 Payments Balance (812,164.36) $0.00 Total Tax Charge $0.00 Grand Total Due as of 07/16/2018 $0.00 Tax Billed at 2017 Rates for Tax Area 0104 - 0104 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2017 * Credit Levy Mill Levy Amount Values Actual Assessed 15,8000000* $3.558.47 VACANT IND LOTS $776,607 $225,220 19.3310000 $4.353.73 Total $776,607 8225,220 1.0000000 $225.22 1.8000000 $405.40 1.3530000 $304.73 5.1540000 $1.160.78 6.3170000 $1,422.71 3.2560000 8733.32 54.0110000 $12,164.36 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN HOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES -AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer • P.O. Box 458, Greeley, CO 80632 • 1400 N. 17th Ave, Greeley, CO 80631 • (970) 353-3845 Ext. 3290 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED CDOT Permit No. 413009 SH/S/MP 85 C / 258.368 / R Local Jurisdiction Weld County Permittee(s): Applicant: Big Thompson Investment Holdings, LLC AGROpessional, LLC Mark Goldstein Tim Naylor 1205 W. Elizabeth St. PMB#134 4350 Highway 66 Fort Collins, CO 80521 Longmont, CO 80504 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local authority retains issuing authority) By (X) Title Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By e (X) o'LL, - I 1 - C � Title (: ( c,r i a l 1 re, - lc' -el( Date 2/14/2013 opyprstrr{ ution: equrrea: Region (original) Applicant Staff Access Section maKe copies as necessary or: Local Authority Inspector Gloria Hice-Idler MICE Patrol Traffic Engineer 16-Gilcrest Form 1265 8/98, 6/99 COOT Permit No. 413009 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit fee $100.00 Date of transmittal 2/8/2013 Region/Section/Patrol 4 / 01 / 16-Gilcrest State Highway No/Mp/Side 85 C / 258.368 / R Local Jurisdiction Weld County The Permittee(s); Applicant: Ref No.: Big Thompson Investment Holdings, LLC AGROpessional, LLC Mark Goldstein Tim Naylor 1205 W. Elizabeth St. PMB#134 4350 Highway 66 Fort Collins, CO 80521 Longmont, CO 80504 970-797-2187 970-535-9318 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is located on US 85, a distance of 3,369 feet north of Mile Post 258 on the east/right side. "WELD COUNTY ROAD 33" Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) Weld County Road 33 1 EACH Additional Information: This permit authorizes the volumes for the water transfer depot ONLY. Any additional expansion or further development of the property will require CDOT review and possibly additional permits with highway improvements. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the perm'ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Gloria Nice -Idler with the Colorado Department of Transportation in Greeley, Colorado at (970) 350-2148, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permit "R aturA kiPrint r- 4trg Name iifrt i"e'll— f. L,l ),54-4-1 Air Date D-11'10 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION 5i nature �j `1 ' i ( t - f L Print Name r f � c, r i t`C Cc� [ C � Title L �Q,i 1'Vl t l I� Date (of issue) 211102—C)13 dap) Distribution: Required: 1. Region 2.Applicant Make copies as necessary for: 3. staff Access Section Local Authority Inspector MTGE Patrol Traffic Engineer Previous edits ns are obsolete and may not be used 'Page 1 of 3 CDOT Form #101 5107 4.Central Files State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. right-of-way or any adopted municipal system and drainage plan. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due tc improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to COOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about same of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Sus1ension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information — (303) 692-2035 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/Permits.asp. • CDOT Water Quality Program Manager: Rick Willard (303) 757-9343 http://www.coloradodot.info/programs/environmental/water- quality • CDOT Asbestos Project Manager: Theresa Santangelo-Dreiling, (303) 512-5524 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE Colorado), Denver Office (303) 979-4120 http://wvvw.nwo.usace.armv.mil/html/od-ti/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/cespk-co/regulatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.army.mil/reg/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 hftp://vvww.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, htto://coloradodot.info/programs/environmental/wildlife/quidelines, or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SPeciesOfConcem/. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been ident€fed. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file search at (303) 866-3395. Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facil€t€es Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). if pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permtttee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Andy Flurkey, CDOT Hazardous Materials Project Manager, (303) 512-5520. Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the COPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info; CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on COOT proiects is available from the COOT Asbestos Project Manager (303) 512- 5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation December 10 Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra-state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or flit materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. If an IndIvidual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at http:/lwww.coloradodot.info!proorams/environmental/wi ldlifeictuideiines. Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Construction Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757- 9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website; hfto://www.cdohe.state.co.us/wq/PerrnitsUnit/index.html. Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. For Dewatering Application and Instructions, see Section 3 at the CDPHE website: htto://www.cdohe.state co ustwo/PermitsUnit/FORMSandArrolications/Aoosandfomisnewoage.html rMunicipal Separate Storm Sewer System (MS4) Discharge Permit -- Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit # COS - 000005 (http://www.coloradodot.info/programs/enviroonmental/water-qualitv/documents/CDOT%20MS4%20Permit.doc/view) and COR-030000 (http://www.cdphe.state.co.us/wq/PermitsUnit/PERMITS/SWPermitarats/SWConstructionPErmit.pdf). Discharges are subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits, or go to ht /www.cdphe.state.co.us/wglpermitSuniUMS4/MS4Permittees.pdf. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable non-storrnwater discharges can be found at http://www.coloradodot.infoiprograms/environmental/water-quality/glossary.html#AllowableDischarge. Contact Information: Contact the COOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT 208 specifications. In either case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: htto://www.dot.state.co.us/environmental/envWaterQual/woms4.aso Disposal of Drilling Fluids _ Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids' into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on -site after either being Environmental Clearances Information Summary age separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by COOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or COOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the COOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the COOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact information: Contact the COOT Water Quality Program Manager at (303) 757-9343. Website: http://www.coloradodot.info/programslenvironmental/water- puality/revised-m-standards; refer to the link Revision of Sections 101, 107, 208, 213 and 620 Water Quality Control One or More Acres of Disturbance for additional guidance. SOLI Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the COOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608, About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, COOT Safety & Traffic Engineering, Utilities Unit, at903) 757-9841, alex.kararni@dot.state,co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation December'10 Best management practices for industrial facility permittees Industrial facilities can use best management practices during construction of the facility and when operating the facility. Best management practices are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution entering CDOT's storm drain system. BMPs also include treatment, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. BMPs include structural and nonstructural controls. Resources for Bh4Ps during construction of a facility • EPA Storm Water Phase II Menu of BM P's http:/fcfpub.epa.gov/npdes/stormwater/menuofbmpslindex.cfm • International Stornnvater BMP Database www.bmpdatabase.nrg • International Erosion Control Association www.ieca. orghesources/TS6ErosionSedimentCanfrol.asp Resources for BMPs during operation of a facility • Industrial and Commercial Handbook www. cabmphandbooks. com/lndustnal.asp • Industrial Facilities Best Management Practices www. ci.santa-cruz.ca. uslpwlStormwater2004/Att16.pdf • Best Management Practices for industrial Storm Water Pollution Control www.end.saccounty.netlbocumentsllnfo/Sacramento%20 Industrial %2OBMP% 20Manual%20Nov.pdf Far more information on COOT Utility Permits: www.clot.state.co.us/UtilityProgram/ For more information on COOT Access Permits www.dot.state.co.tislAccessPermitslindex.htm For more information on COOT's Water Quality Program: Contact: Water Quality Program Manager 4201. East Arkansas Avenue Shumate Building Denver, CO 80222 303-757-9343 CDOT's stormwater program website: wrvw.cdoth2o.com COOT MS4 Helpline: 303-918.7535 COOT Illicit Discharge Hotline: 303-512-4}f20 prrr pips��F r P ignmarNn THTNEwAST ,. .•«` T0THEIOEAL TEEATAIENTFTAAT IWITE8A9CT Slsrmwator runoff eaten the scam drain system, which is different from the wastewater system. 5torrewelerrunoff drains to waterways rmtreated. What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the ground. Why is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt, and other pollutants and flow into CDOT's storm drain system or directly into a stream, river, lake, wetland, or reservoir. Anything that enters CDOT's storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. CDOT has a permit from the Colorado Department of Public Health and the Environment (CD PHE) to discharge stormwater from its storm drain system. The permit states that only stormwater (and a few other allowable discharges like landscape irrigation overflow) can be discharged from CDOT's storm drain system. Pollutants, such as dirt; fertilizers; pesticides; and oil and grease, antifreeze; and other automotive fluids are strictly prohibited from being disposed of in CDOT's storm drain system. As part of the permit, CDOT has several different programs to prevent pollutants from entering the storm drain system. The programs are: • Construction sites program New development and redevelopment program Illicit discharges program Industrial facilities program Public education and involvement program • Pollution prevention and good housekeeping program Wet weather monitoring program CDOT has a program to identify and eliminate any discharge to their storm drain system that is not composed entirely of stormwater (unless authorized by another permit from CDPHE). Allowable discharges into CDOT's storm drain system include the following: a Landscape irrigation • Diverted stream flows ■ Rising ground waters • Uncontaminated ground water infiltration to separate storm sewers B Uncontaminated pumped ground water • Discharges from potable water sources 1 Foundation drains ■ Air conditioning condensation ■ Irrigation water ■ Springs ■ Water from crawl space pumps to Footing drains m Lawn watering B Individual residential car washing A Individual residential swimming pool and hot tub discharges • Individual residential street washing ■ Water -line flushing ■ Flows from riparian habitats and wetlands • Flows from emergency fire fighting activities • Water incidental to street sweeping (including associated side walks and medians) and that is not associated with construction CDOT's Utility and Access Permitting Program The Utilities (www.dot.siate.co.usfutilitiesprogram) and Access Permitting Programs Innvw.dotstate.co. us/ Accesspermits) are responsible for providing services in the following areas: Utility/Highway Project Coordination —Region utilities engineers work with other CDOT employees and utility companies to identify the utilities that are within highway project boundaries and coordinate any necessary relocation of these facilities to facilitate highway construction activities. • Utility and Special Use Permitting —Utility and Special Use Permits are issued to entitles external to COOT to manage the installation of utili€€ties, or the performance of other types of work, within the state highway right-of-way. • Access Permits —Access Permits are required by any entity when a vehicle access needs to be constructed, modified, or relocated within the highway right-of-way. COOT does not permit or track indirect connections (e.g., overland flow) to its storm drain system. Industrial Facilities Program Elements The goal of the Industrial Facilities Program is to do the following; 1. Educate those directly discharging into CDOT's storm drain system 2. Track direct dischargers 3. Detect and remove any illicit discharges 4. Submit an annual report to CDPHE containing the number of informational brochures distributed, and a summary by region of the number of Utility and Special Use Permits and Access Permits issued. Education There are instances when a utility company or other entity doing work in the state highway right-of-way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a COOT Utility and Special Use Permit or Access Permit to obtain all required c€earances. This fact sheet is given to each permittee and is available at www.dot.sfate. co us/UtilifyProgramlAnnouncements/Announcements. ctm#enviro and www.dot.state.co.usfAccessPermits/ index.htm. In addition, CDOT's MS4 permit requires the development of an additional brochure that promotes the "proper management of potential pollutants in stormwater discharges from industrial facilities" and includes "references to guidance manuals for BMPs that industries can implement to protect stormwater quality." This fact sheet was developed in 2007 and is given to each permittee. This fact sheet is available at www.dot.state.co.usfenvironmental/envWater0ua!/ Whatcanfdo.asp. Tracking CDOT tracks all Utility and Special Use and Access permittees. Illicit Discharges Another requirement of the MS4 permit is a program to detect and remove illicit discharges and improperly disposed of materials from CDOT's storm drain system. Inspections may be conducted in response to the permitting process, a report of unpermitted work in CDOT's right-of-way, or a reported illicit discharge. If COOT employees see or suspect that an industrial facility is discharging an unallowable pollutant into CDOT's storm drain system, they should call 303-512-4H20 (CDOT's illicit discharge hotline). Annual Reporting Regions 1, 2, and 6 submit to CDOT headquarters the number of permits issued each year for its annual report to CDPHE. l COOT defines a. utility or utility facility as any privately, publicly, or cooperatively awned line, facility, or system producing, transmitting, or distributing the following ■ Communications ■ Cable television ■ Power B Electricity ■ Light ■ Heat gas B Oil • Crude products e Water ■ Steam ■ Waste ■ Stormwater not connected with highway drainage ■ Other similar commodity State Highway Access Permit 1 Attachment to Permit No. 413009 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Gloria Hice-Idler at (970) 350-2148. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit (CDOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plan "B"- Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations ---- including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection that complies with the ANSI Z89.1-1997 standard; • At all construction sites or whenever there is danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; • High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107.1999, Class 2). Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall apply. 6. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 7. The Department retains the right to perform any necessary maintenance work in this area. State Highway Access Permit 2 Attachment to Permit No. 413 009 - Additional Terms and Conditions 8. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 9. The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 10. The Department will not participate in any costs related to the design and installation of a traffic signal, should one be approved at this access in the future. 11. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 12. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 13. The access shall be maintained as per Exhibit "A" 14. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 15. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 16. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. 17. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at State Highway Access Permit Attachment to Permit No. 413009 - Additional Terms and Conditions http://www_dot.state.co.us/environmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: http ://cdphe. state. co. us/wq/PermitsUnit/wqu. 3 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT APPLICATION issuing authority application acceptance date: irstn.ictions: - Contact the Colorado Department of Transportation (COOT) - Contact the issuing authority to determine what plans and - Complete this form (some questions may not apply to Please print - Submit an application for each access affected. or type - if you have any questions contact the issuing authority. - For additional information sea C DOTS Access Management or your local government to determine your issuing authority. other documents are required to be submitted with your application. you) and attach all necessary documents and Submit it to the issuing authority. website at http.://www.dot.state.co.ustAccessPermitsAndex.htm 1) Property owner(Pennittee) Big Thompson Investment Holdings, LLC 2) Applicant or Agent for permiftee (if different from property owner) AGPROfessionals, LLC Street address 1205 W. Elizabeth St. PMS#134 Mailing address 4350 Hwy 66 City. state & zip Ft. Collins, CO 80521 Phone 970-797-2187 City, state & zip Longmont, CO 80504 Phone fk (required) 970-535-9318 E-mail address markgoldstein@goldsteinenterprisesinccom E-mail address if available tnaylor@agpros.com 3) Address of property to be served by permit (required) WCR 33 to Hwy 85 4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one? county subdivision block lot section Weld I WC Indust Park I I Lot 1 23 5) What State Highway are you requesting access from? Highway 85 7) How many feet is the proposed access from the nearest mile post? feet ❑ N ❑S Q E ❑W) from: 8) What is the approximate date you intend to begin construction? 1/15/2013 township 4 6) What side of the highway? ON ❑S ©E ❑W Irange 66 How many feet is the proposed access from the nearest cross street? 0 feet ON QS DE Di') from: WCR 33 9) Check here if you are requesting a: ❑ new access Eltemparary access (duration anticipated: ®change in access use Dremoval of access Dim.provement to existing access preiccation of an existing access (provide detail) 10) Provide existing property use I-3 industrial property 11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? Ono Dyes, if yes - what are the permit number(s) and provide copies: and/or, permit date: 12) Does the property owner own er have any interests in any adjacent property? Oro Byes, if yes - please describe: Lot A of RECX12-0056 adjacent to above listed property 13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? El no Dyes, if yes - list them on your plans and indicate the proposed and existing access points. 14) If you are requesting agricultural field access - how many acres will the access serve? 15) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/lard use square footage business square footage Water Transfer Depot 15000 16) If you are requesting residential developementaccess, what is the type (single family. apartment. townhouse) and number of units? type number of units type number of units 17) Provide the following vehicle court estimates for vehicles that will use the access. Leaving the property then returning is two counts. Indicate if your counts are fjpeak hour volumes cr average deity mlumes. x of eingta un€i vehicles in excess et 3r: ,'r. ar passenger oars and light trucks at peak hour volumes 12 # cb tarn velTiciss (Field aeufprnent) iF al =Ill unit ;ruciss at peak incur volumes 248 To/al cotirat of all vehicles 0 260 Previous editions are obsolete and may not be used Page t of 2 COOT Form 1137 01;10 1r?) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. r a) Property map indicating other access, bordering roads and streets. b) Highway and driveway plan profile. c) ❑rainage plan showing impact to the highway right-of-way. d) Map and letters detailing utility locations before and after development in and along the r€ght-cf-way. ej Subdivision, zoning. or development plan 1) Proposed access design. g) Parcel and ownership maps including easements. h) Traffic studies. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional COOT Utility/Special Use Permit offices or accessed via the CDOT Pfanning/Construction-Environmental-Guidance webpage htto://www.clot.state.cousienvironmental/Forms.aso. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: attp://www.dot.state.co.us/DesionSupoort/›, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit, The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. l understand receipt of an access permit does not constitute permission to start access construction work. Appli or Agent for Perrnittee sr I Print name lerY Date / v If the ap icant is not t11; owner of the property, we require this application also to be signed by the pr perty owner or their legally authorize, representative (or other acceptable written evidence). This signature shall constitute agreement with this applicati• - :y all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. Property owner signature Print name y 4 k- 0-10144. turl tiSh5 Date Previous editions are obsolete and may not be used Page 2 of 2 COOT Form ,yi 37 01'10 : ': .. ii''' 22 ft tttttttttt 2 . It :' : . ,•:', . ... .':.. .: • :i :!.: :! l':::. ;I: !: i .:.:,::: : : ii. : :: ' .. .. - . illi .t. ....,- • • - • ..... .... :I, ..... :: .. ...... ..... : :. ....... : .. ....... I I '. ... ... 2 . It ... .. ... ...... ....... ..... ...... .. : .. .. .. 222 :. .. ! Mt .. i ..... ... ...... Mt .. .. . .... .. .. ill . i ... ii::ill . !I . I .... Hil . .. .... . HI ..... ..... .. i. . . : ! • • • - L.:. .. " : I .: .. : .. ' , i ' : ROAD ENTRANCE -90P SOUGH OFWCR33&HWY MS ROAD BASE SURFACE ESTIMATED LOCATION OF/ EXISTING OIL & GAS LINE TEMPORARY WATER QUALITY FEATURE NO BUILD OR STORAGE TN THIS AREA 30' x 60' AT FULL WATER LEVEL AT 2' DEEP CAPACITY OF 0.055 AF AS PER REQUIRED 6' CHAIN LINK FENCE ON SOUTH, EAST, AND NORTH SIDES 4' G 11O �1 .C ₹.,x0 ,td,. I.LC: BIG THOMPSON INVESTMENT HOLDINGS DATE: 09/25/2012 SHEET NO. 1OF1 A 13 .1 3 4 5 ( 6 BIG THOMPSON INVESTMENT HOLDINGS, LLC WELD COUNTY INDUSTRIAL PARK, A MINOR SUBDIVISION LOT B OF RECORDED EXEMPTION NO, t057-23--2-RECX12.-0058, BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE BB WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, *S1 292424. X004 Aa. 1222.22 MSi M. 22220E 4 42 4462 t z I a Iii 211a1•T =Iwo =ma SUE. 22. .033 NAM. 22223E pg VIM 101144 441440 222 PLS 4392 e �nrna4ervo«� W�io„im M3Ri11 011E-4dM1{A moo SEC1311 2J. 1021115146+ k 2292*4 411214E N Mat. Piv� { xNrsR«�KI-,...,� COMA 02E-92M1CA COWER 4130113 9; 141WSIP 4 N01134, 2244E 4111 41111 23 \I12.'21 soirp4ME o N r 4F CR H 1144 ■ a 124 A e a w22219 Ala MILL,rmvaar Cave Table 1,22.2 asra 42114 larva }f bar ix f +atarr 4aa4 .12 32 - Swap, 13'143^ .Y1r:1• 4141111 u•os'+r ew•mwove xx m4vW w •tl 10 WI, Mr a Kitt WV 444-4 1041-21. J 4,4 mru.92•e ww -2144 ay. 14146 11+4,32 win rvsr499rw 304141440S me 22 2.m 4x Walt,* xtr 15, roslr 111:44 11xar Rea Az a x:14 �1m bSI rx Malt urw^ 111i4P 1414 1r 44,4rx 1Yt214 W IE 11• VP I Ill, V 411 .00 al I -IL 1.11 •-•M-y. 42121 tQp 1x2. ,11afm 1�17G 22,24, a a WW -0.,144 m a ® . IW104 s2 *41 .g ,4144 • • IV �a »:4a , E S la A •• S =lc ve�L•e fe• [oasc2�N a A C ra S:IS31T. 1 gilcrest, co - Google Maps Page 1 of 1 Go. s[e Address Gilcrest, CO PERMIT #413009 CC -SS a. ns Ca Rd 42 V a G LP a a Co Ra 43 a. W 6 Co Rd 4 2 a f.3 O c s R f 4< C-'4, -.2d a4 'Alt' 3t St G La Rd P. ?/, 83 a 4 41h St Co Rd 2E t;oRd3A Si �o Rd 47 Cu Rd 3? 0 6 R Co Rd 44 7i, rSC pb a� x Go Rd 44 Cc ti d 42 d"�3 02013 Caagie - Map data @2013 Gaogfe - http ://maps. goo gle.comJmaps?f=q&source=s_q&h1=en&geocode=&q=gilcrest,+co&aq=&sl... 2/8/2013 3989959 Pages; 1 of 25 01/15/2014 05:04 AM R Fee:$i31.00 Steve Moreno- Clerk and Recorder. Wald C u tY:'C0 I I VIII Wallah �'r lj�'II�Y1 �t��l�l �'ti ll�l ' �� id BM After Recording Return To: Big Thompson Investment Holdings, LLC Po Box 273180 FIRST AMENDED AND RESTATED Fort Collins, CO 80527 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WELD COUNTY INDUSTRIAL PARK PREAMBLE THIS FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the "Declaration") is made on the date set forth below by Big Thompson Investment Holdings, LLC, a Colorado limited liability company (the "Declarant"). The Declarant hereby completely amends and restates the Declaration of Covenants, Conditions, and Restrictions for Weld County Industrial Park in its entirety. This Declaration fully and completely replaces the original Declaration of Covenants, Conditions, and Restrictions for Weld County Industrial Park that was recorded in the real property records of the Clerk and Recorder of Weld County, Colorado on December 23, 2013 at Reception No. 3985946. RECITALS A. Declarant is the owner of all the real property located in Weld County, Colorado, described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. This Declaration shall create legally enforceable restrictions, conditions, liens, and protective covenants on the Property and shall convey certain interests therein. C. This Declaration and all such restrictions, conditions, liens, covenants, and conveyances are made in the best interests and for the mutual benefit of all current and future owners and occupants of the Property and to protect and preserve the Property for appropriate and complementary commercial users. D. Declarant will endeavor to maintain the western flavor and natural beauty of the Property, while understanding an industrial area will by its very nature appear industrious. Cooperation, courtesy, and concern for the overall appearance of the Property will ensure community goodwill and enhance property values. These restrictions have been developed to help establish a "spirit' of the Property with the intent to encourage an attractive, functional subdivision that enhances the surrounding area rather than detracts from it. DECLARATION NOW, THEREFORE, Declarant, for itself, its successors and assigns, hereby declares that the Property be made subject to this Declaration in the manner provided herein, and each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held, -1- C�' 3989959 Pages: 2 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Morena, Clerk and Recorder. Weld County. CO •I11 redroot 11111 transferred, conveyed, sold, leased, rented, used, hypothecated, encumbered, occupied, maintained, altered, and improved subject to the covenants, conditions, easements, rights -of -way, restrictions, reservations, and other provisions set forth in this Declaration for the duration hereof, all of which shall run with the title of the Property and every part thereof and shall be binding upon all persons or entities possessing any interest in the Property and upon their heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each person or entity having any such interest in said Property or any part thereof. Notwithstanding any language to the contrary, the portion of the Property designated as Outlot A on the Plat and located in the southwest corner of the Property, shall not be subject to the covenants, conditions, easements, rights -of -way, restrictions, reservations, financial or maintenance obligations, or any other provision set forth in this Declaration_ ARTICLE I NAME AND TYPE OF COMMUNITY Section 1.1 Name. The name by which the Property shall be known is Weld County Industrial Park. Section 1.2 Type of Community. The Weld County Industrial Park is a planned community as defined in C.R.S. §38-33.3-103(22) of the Colorado Common Interest Ownership Act found in Title 38 of the Colorado Revised Statutes as presently enacted (the "Act"). Pursuant to C.R.S. §38-33.3-116(2), since the Weld County Industrial Park contains only units restricted to nonresidential use, contains less than twenty (20) units, and is not subject to development rights, as such rights are defined in C.R.S. §38-33.3-116(I4) of the Act, the Weld County Industrial Park is subject to only G.R.S. §§38-333-I05 to 38-33.3-107 of the Act as presently enacted. ARTICLE II DEFINITIONS Section 2.1 Terms Defined. "Architectural Committee" means the architectural committee established pursuant to Article VII below. "Articles of Incorporation" or "Articles" means the duly filed Articles of Incorporation for the Weld County Industrial Park Association. "Association" means the Weld County Industrial Park Association, its successors, and assigns. `Board" means the duly -elected Board of Directors of the Association. "Building" means a completed, principal structure or structures on a Lot constructed in compliance with approved Plans, including all projections or extensions thereof, and all garages, outside platforms, outbuildings, loading docks, canopies, and porches. -2- 3989959 Pages: 3 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno, Clerk and Recorder, Mold County. CO Eirdkiilik,is:hi?.11,41 11111 "Bylaws" mean the duly -adopted Bylaws of the Association. "Common Elements" are all interests in real property and improvements thereon that are located within the Property, but not within any Lot, which interests shall all be for the common use, benefit, and enjoyment of the Owners and have been conveyed to the Association by Declarant. "Common Elements Assessment" means that portion of the annual assessment allocated to each Lot equal to the total Common Elements Budget amount divided by the number of Lots existing on the first day of the current assessment allocation period. "Common Expenses" are all costs and reserves incurred or required by the Association in connection with its existence and operation, in connection with its exercising all rights and responsibilities related to the Common Elements, and all other costs and expenses lawfully incurred by the Association pursuant to this Declaration, the Articles, and Bylaws. "Declarant" is Big Thompson investment Holdings, LLC, a Colorado limited liability company, and its successors and assigns. "Declaration" means this Declaration of Covenants, Conditions, and Restrictions for Weld County Industrial Park. "Director" means any duly -elected member of the Board. "First Mortgage" refers to the Mortgage having first and paramount priority against a Lot under application Colorado law. "First Mortgagee" refers to any grantee, beneficiary, or assignee of a First Mortgage. "Improved Lot" means a Lot upon which a Building has been constructed. "Improvements" include any Building, fence, landscaping, wall, driveway, sidewalk, or other improvement of whatever kind of nature. "Landscape Plan" means formal drawings completed under the supervision of a landscape supervisor designated by the Architectural Committee which identify and describe the type and location of all landscape and related improvements including not by limitation all grass, trees, hedges, shrubs, bedding materials, paths, sidewalks, driveways, fences, irrigation system, and every other item constituting any part of any Improvements to be made on or to that portion of the Lot from the exterior surface of any Building, not including such exterior surface, to the edge of the Lot. "Lots" refer to each of the nine (9) numbered, identified, and described Lots as shown upon the Plat, -3- 3989959 Pages: 4 of 25 01/15/20(4 08:04 AM R Fee:$131.00 Steve Moreno, Clerk and Recorder. Weld County. CO 110i�h t'��?11 � LEWtiii��fi 11111 "Member" means any member of the Association; "Membership" refers to all Members. "Mortgage" means any mortgage deed, deed of trust, or other security instrument creating a lien against any Lot; "Mortgagee" means any grantee, beneficiary, or assignee of a Mortgage; "Notice" means notice in writing either hand delivered of sent prepaid by United States First Class mail to the mailing address of each applicable Lot or alternatively to any other address designated in writing by the Owner of any such Lot. If mailed, Notice shall be deemed effective three (3) business days after being deposited in the mail, properly addressed and proper postage fully prepaid. "Owner" means the record owner, whether one or more persons or entities, of fee simple title to any Lot as shown in the real estate records of the Clerk and Recorder of Weld County, Colorado. "Plans" means two (2) full sets of all plans, drawings, color boards, specifications, and sample materials showing the nature, kind, shape, height, materials, colors, finishes, and location of all Improvements. "Plat" means the final recorded plat of the Property as approved by Weld County, Colorado and recorded on January 10, 2014 at Reception No. 3989177 of the real estate records of the Clerk and Recorder of Weld County, Colorado and as such Plat may be amended from time to time. "Proposed Budget" means an annual budget providing for all Common Expenses, whether current or past, stating the total annual assessment required to meet such budget, and stating the allocated assessments for each Lot, adopted by the Board and submitted to the Members for ratification pursuant to Article V below. "Rules and Regulations' means those rules and regulations adopted by the Board concerning the use and enjoyment of the Property. "Title Matters" means all rights in and to any portion of the Property either conveyed, created, or reserved by virtue of this Declaration or the Plat, or otherwise of record in the real estate records of the Clerk and Recorder of Weld County, Colorado, as of the date of recording this Declaration in such records. ARTICLE III RIGHTS RESERVED BY DECLARANT Section 3.1 Rights Reserved. In addition to other rights reserved herein, the Declarant expressly reserves unto itself, its employees, agents, representatives, contractors, and their employees the -4- 3989959 Pages: 5 of 25 01/15/2014 08;04 All R Fee:$131.00 Steve Moreno, Clerk and Recorder- Weld County. CO ■111!!!��;�hh��li�`��?� h�1'�lu��'1~��F�k�litiiY��11111 right to use the Common Areas to facilitate and complete the development of the Project including, without limitation, the use of the Common Area for (a) construction, excavation, grading, landscaping, parking and/or storage; (b) the maintenance and operation of a sales office and model units for sales purposes; (c) the showing to potential purchasers of any unsold lot, dwelling, or improvement within the Project; (d) the display of signs to aid in the sale of any unsold Lots and Dwelling; (e) the right of the Declarant to assign to the Association either a temporary or permanent maintenance obligation which has been imposed by Weld County for detention area that may have been annexed and conveyed to the Association; and (1) to operate and maintain all or any portion of Common Area owned by Declarant, prior to conveying to the Association as provided herein. All rights reserved to Declarant in this Article shall terminate as provided in Section 3.2 of this Article, or at an earlier date by an express statement of termination executed by the Declarant and recorded in the real estate records of the Clerk and Recorder of Weld County; Colorado. Section 3.2 Assignment by Declarant. No successor or assignee of the Declarant shall have any right or obligation of the Declarant hereunder unless such right or obligation pass by operation of law or are specifically set forth in an instrument of succession or assignment. The rights and obligations set forth in this Article III shall terminate when development of the Lots is substantially completed and shall be construed as development rights which are independent of any rights that the Declarant may have by membership in the Association. ARTICLE IV COMMON ELEMENTS Section 4.1 Common Elements. All Common Elements shall he owned, operated, maintained, repaired, replaced, and otherwise cared for by the Association and all costs thereof shall be a Common Expense. This shall include maintaining the road through the Property by grading, snow removal, and dust control. The storm water management system including the storm water pond and spillway feature shall be maintained to allow for adequate designed operation including trash removal and general maintenance. Section 4,2 Conveyance of Common Elements. The Common Elements shall be conveyed by Declarant to the Association prior to the conveyance of the first Lot by Declarant. The Common Elements shall be conveyed subject to all Title Matters. Section 4.3 Traffic Restrictions on Use of Access Roads. Pursuant to Section 5.2 below, the Board shall periodically adopt rules and regulations as the need arises for restrictions on the use of the access roads to and through the Property. ARTICLE V ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 5.1 Organization; Membership. The Association shall be organized no later than the date the first Lot is conveyed by Declarant to an Owner other than Declarant, The Association shall be organized as a nonprofit corporation in accordance with the laws of the State of Colorado. Every Owner shall automatically be a Member of the Association. Membership shall be -5- 3989959 Pages: S of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder. Weld County: CO X111 W,I11.1.310,1,11rlth1iIY1iii> Ill' appurtenant to and may not be separated from ownership of any Lot. Section 5.2 Member Bound to Articles, Bylaws, and Rules and Regulations. In addition to the Declaration, each Member and other affected person shall be bound by the Articles of Incorporation and Bylaws of the Association. Further, the Association shall have power to adopt reasonable rules and regulations governing the use of the Common Elements and the occupancy and use of all the Property, provided; however, that any rules or regulations affecting the particular ownership of the Property much be approved by Owners of at least sixty-seven percent (67%) of the Property, excluding governmental agencies, if any, Written copies of such rules and regulations shall be furnished to the Owners. The rules and regulations may be more restrictive than this Declaration, but shall be ineffective to eliminate any restriction or covenant contained herein. Section 5.3 Voting; Rights. The Association shall have a single class for voting. The Owner of each Lot, whether comprised of one or more persons or entities, shall be entitled to one (1) vote for that Lot. In no event shall more than one vote be cast with respect to each Lot. Fractional votes cannot be cast. When the Owner is comprised of more than one person or entity and only one is present, in person or by proxy, at any meeting of the Association, such person or entity may cast the vote for the Lot. If more than one of the multiple persons or entities comprising the Owner are present at any such meeting, the vote for such Lot shall be exercised as determined by a majority of them. There is deemed a majority agreement if any one of the persons or entities comprising the Owner casts the vote without protest being made immediately to the person presiding over the meeting by any of the other persons or entities comprising the Owner. If a majority cannot agree on how their single vote is to be cast, the vote will not be counted, but the Lot shall be counted as present for purpose of determining whether a quorum is present. Unless a written objection to notice is received by the Association from an absent Owner at or prior to the meeting, the presence of one of the multiple persons or entities comprising Owner, in person or by proxy, shall constitute the presence of all such persons or entities and shall constitute a waiver of notice as to all such persons or entities who are absent. A signed waiver of notice by any one of the persons or entities comprising an Owner shall constitute a waiver for all such persons or entities that are absent. Without affecting the validity of any action taken at a meeting of the Association, if there are conflicting votes cast, objections made, or other conflicting actions taken by any multiple persons or entities compromising an Owner, whether in person, by written notice, or by proxy, and the person presiding over that meeting cannot with reasonable certainty determine whether a majority of the persons or entities are in agreement as to any such vote, objection, or other action, the vote, objection, or other action by such persons or entities may be ignored and not counted. Section 5.4 Proxies. Any vote may be cast pursuant to a proxy duly executed by an Owner. Subject to the provisions of Section 5.3 above, if a Lot is owned by more than one person or entity, each such person or entity may vote as to how the Lot's vote is to be cast, object to notice, or register protest to the casting of votes by the other persons or entities comprising the Owner of the Lot through a duly -executed proxy, An Owner may not revoke a proxy given pursuant to this -6- 3989959 Pages: 7 of 25 01/15/2014 08:04 Ali R Fee:$131.00 Steve Moreno- Clerk and Recorder- Weld County, Co PAM Section Section except by actual notice of revocation to the person presiding over the meeting. A proxy is void if it is not dated or purports to be revocable without notice. A proxy must be dated and shall terminate eleven (11) months after its date, unless it expressly provides otherwise. Section 5.5 Suspension of Voting and Other Authority. The Association shall suspend the voting rights (both as an Owner and Director) of any Owner, as well as suspend all authority that Owner may have by virtue of the Owner holding any office or the Owner being a Director of the Association, for any period during which any assessment against the Owner's Lot remains past due and unpaid and for any period that the Owner is either causing or permitting any infraction of this Declaration, the Articles, Bylaws, or any Rules and Regulations. ARTICLE VI ASSESSMENTS Section 6.1 Creation of Lien and Personal Obligation of Assessments. Each Owner of a Lot agrees to pay to the Association annual assessments and special assessments established and collected as hereinafter provided. All annual and special assessments, ail costs of collection of same, including, but not limited to, reasonable attorney's fees, and all other amounts so designated herein, together with interest thereon at the rate of fifteen percent (15%) per annum, compounded annually, shall be a charge on the Owner's Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each assessment, together with costs of collection, reasonable attorney's fees and costs, and all other amounts so designated herein including interest, shall also be the personal obligation of the Owner of such Lot at the time when the assessment or other amount for which collection is sought first became due. No Owner shall be exempt from such personal liability by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Owner's Lot. Section 6.2 Purpose of Assessments. Assessments levied by the Association shall be used exclusively for payment of Common Expenses, Section 6.3 Date of Commencement of Annual Assessments: Due Dates. Declarant shall determine the date on which the first monthly installment on the first annual assessment shall be due, but such date shall be the first of the month. The first such installment shall commence as to all Lots on the same date. Declarant shall furnish all Owners with at least ten (10) days advance Notice of the date of commencement of the first monthly installment. Thereafter, each monthly installment shall be due on or before the first day of each succeeding month. Section 6.4 Accounting Year; Assessment Period, Unless and until the Board may determine otherwise, the Association shall operate on a calendar accounting year (i.e,, January through December), and the assessment period shall likewise be the calendar year. The Board shall adopt a Proposed Budget, determine the total assessment required to meet that Proposed Budget, and set the allocated assessments for each Lot for each assessment period beginning with the accounting year/assessment period commencing January 1, 201_ or the first day of any partial accounting year/assessment period. Section 6.5 Budgeting. Within fifty (50), but not less than fourteen (14), days prior to each -7- 3989959 Pages: 8 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve 1oreno. Clerk and Recorder. Weld County: CO ■III PPIP l PINL 'li+'�Jl�l'� !triM� l ++�1�1�4��a��' Nil BM I annual meeting of Members (as provided for within the Bylaws), the Board shall adopt the Proposed Budget for the then current accounting year, which shall provide for all Common Expenses and which shall state the total annual assessment required to meet such budget, and which shall state the allocated assessments for each Lot. Section 6.6 Common Element Assessments. Every Lot shall be allocated a Common Element Assessment. The allocated Common Element Assessment for each Lot shall equal the total Common Element Budget amount divided by the number of Lots existing on the first day of the current allocation period. The monthly installment on each Lot's allocated Common Element Assessment shall equal its allocated Common Element Assessment minus any Common Element Assessment payments on such Lot's account made in and for the current assessment period (such payments will continue at the previous year's monthly installment rate pending ratification of a new budget; but will not include any payments in the current assessment period for assessments due prior to the current assessment period) divided by the number of monthly installments remaining in the current assessment period following estimated ratification and notice as required below. Section 6.7 Budget Ratification. Within the period provided within Section 6.5 above, the Board shall either hand deliver or send prepaid by the United States First Class mail to the mailing address of each Lot or to any other address designated in writing by the Owner of any such Lot a copy of' such Proposed Budget. Ratification of the Proposed Budget shall then be considered at the annual meeting. Unless at that meeting at least a majority of all Owners reject the Proposed Budget, it is ratified, whether or not a quorum is present. Until the Proposed Budget is ratified, or if the Proposed Budget is rejected at the annual meeting, the last ratified budget shall be continued until any subsequent budget proposed by the Board shall be ratified. Ratification of any subsequent Proposed Budgets shall be considered at one or more special meetings, as necessary, called for such purpose. At any such special meeting, ratification shall occur unless at least a majority of all Owners reject the revised Proposed Budget, whether or not a quorum is present. Section 6.8 Notice of Assessment. Once a budget is ratified, the Board shall provide Notice thereof and of the allocated assessments for all Lots to all Owners at least fifteen (15) days in advance of the due date for the first monthly installment on the new annual assessment. Section 6.9 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment period, one or more special assessments applicable to that period only for the purpose of defraying, in whole or in part, unbudgeted costs and liabilities, payment of any deficit remaining from the previous period, and the cost of any construction, reconstruction, repair, or replacement of' a capital improvement upon or constituting a Common Element, provided that any such assessment must have the assent of not less than two-thirds (2/3) of the Owners to be assessed, who are present in person or by proxy, at either the annual meeting of Members or any special meeting of Members called for such purpose and whereat a quorum is present. Any special assessment for any item as would be included in the Common Element Budget shall be allocated as provided within Section 6.6 above. Section 6.10 Quorum for any Action Authorizing Special Assessment. Notwithstanding any -8- 3989959 Pages: 9 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder. Weld County. CO III contrary provision herein or within the Bylaws, at any meeting called for the purpose of approving a special assessment, the presence of Owners who would be assessed, and/or their proxies entitled to cast twenty percent (20%) of all votes of such Owners, shall constitute a quorum. Section 6.11 Delinctuent Payments; Remedies. If any Owner does not pay the Association an assessment or other charge when due, the Board shall be entitled to charge the delinquent Owner interest at such lawful interest rate as the Board determines. Unless otherwise determined by the Board, for any Owner who is in default of any monthly payment for twenty (20) days or more, the Board shall collect interest thereon at the rate of fifteen percent (15%) per annum, compounded annually, from the original due date. Further, the Board is fully authorized to undertake whatever collection remedies are necessary to collect the same, including legal action against the Owner and foreclosure of the Association's lien against the Owner's Lot. In the event such collection and/or foreclosure procedures are required, the costs thereof, including, but not limited to, attorney fees', shall be added to the amount due the Association from the delinquent Owner. Section 6.12 Lien; First Mortgage; Notice of Lien; Foreclosure;_ Waiver. Annual and special assessments, together with interest, costs, and reasonable attorneys' fees and costs, as above provided, shall be a charge on the Lot and ownership of each Owner and shall be a continuing lien upon said property against which each such assessment is made, now and in the future. Such lien shall be subordinate to the lien of any First Mortgage, except to the extent provided for in C.R.S. 38-33.3-316(2). Sale or transfer of any Lot shall not affect the assessment lien, except in the case of the sale or transfer of any Lot pursuant to foreclosure of the First Mortgage or any proceeding in lieu thereof, which shall extinguish the personal obligation of the Owner. The Association shall have the power to foreclose upon the Lot of any delinquent Owner in the following manner. At any time after an assessment is delinquent and the Association intends to foreclose, the Association shall record a Notice of Lien setting forth the amount then due from the delinquent Owner and then serve the same on the delinquent Owner by means of United States Certified Mail, Return Receipt Requested, at the Owner's last known address, Thereafter, the Association may initiate a judicial foreclosure proceeding in the manner substantially similar to the judicial foreclosure of a mortgage. The Association shall have the power to bid in the amount due it in such foreclosure as if it were a mortgage. Section 6.13 Rights of Mortgagees. Upon written notice to the Association, any Mortgagee of a Lot or other Improvement may receive notice of assessments due from the Association. Further, any such Mortgagee may pay any assessment due on account of the Lot subject to the Mortgagee's mortgage or deed of trust. Section 6.14 Estoppel Certificate Against Lien. Upon reasonable notice, any Owner shall be entitled to obtain from the Association, for a reasonable fee, a certificate duly executed by an officer of the Association, with the officer's signature notarized, stating all assessments or other charges due the Association by said Owner as of a specific date or that such amounts have been satisfied or waived as of a specific date. The recording of such certificate shall preclude or estop any claim of the Association to any unpaid assessments or charges prior to the date established in the certificate, except to the extent the certificate contains a statement of any amounts still due. The recording of the certificate shall constitute a release of the Association's lien for all assessments or charges due on or prior to the stated date, except to the extent the certificate -9- 3989959 Pages: 10 of 25 01/15/2014 0$;04 AM R Fee;$131.00 Steve I'lorereo, Clerk and Recorder, Weld County, CO Ell Willa, IT! 'ill contains a statement of amounts still due. ARTICLE VII ARCHITECTURAL CONTROL Section 7.1 Architectural Review & Approval - Architectural Committee. No Improvements shall be constructed, replaced, altered, painted, or otherwise located or changed upon any portion of any Lot without first obtaining the written approval of the Architectural Committee. Except as otherwise provided in this Declaration, the Architectural Committee shall be made up of not less than three (3) individuals appointed by, and serving at the sole discretion of, the Board. Such individuals may, but need not be, Owners/Members of the Association, and may include Declarant and any agent, employee, or other representative thereof Notwithstanding the foregoing, if at any time and for so long as Declarant owns at least one (1) Lot, Declarant shall have the right to appoint all three (3) members of the Architectural Committee. A majority of the Architectural Committee shall constitute a quorum of the committee, and a majority of Architectural Committee members present at any meeting whereat a quorum is present shall be required for Architectural Committee action to be taken. Notice of all Architectural Committee meetings shall be furnished to each member thereof; however, failure to furnish such notice shall not affect the validity of any otherwise valid action taken at a meeting, as long as all members of the Architectural Committee are present at the meeting. Sectiott 7.2 Approval of Proposed Construction. No Owner shall commence construction of any Improvement to he placed on any Lot until the Owner has obtained a building permit, if necessary, from the Weld County, Colorado, or from any governmental subdivision having jurisdiction over building permits for the Weld County Industrial Park and until the approved building permit and proposed Improvement plans have been submitted to, and formally approved by, the Architectural Committee. Section 7.3 Approval of Plans and Specifications --Standard for Review, To assure that: (a) every Lot is developed and maintained in order to maximize and protect the value of all Lots in the Association, and that (b) a general plan of construction and design is maintained, the Architectural Committee is vested with the broadest authority available under law in reviewing and approving or rejecting all proposed Improvements. Every purchaser of a Lot takes such Lot subject to these restrictive covenants and with the understanding, agreement, and acknowledgement that the Property is intended to be a commercial, light industrial, and heavy industrial park.. Any approval or rejection of any proposed Improvements shall not be deemed a waiver or estoppel with respect to the Architectural Committee's subsequent approval or rejection of any similar proposed Improvements. Each request for approval of Improvements shall be evaluated individually on a case -by -case basis and no prior or subsequent action by the Architectural Committee shall limit its broad discretion and authority in approving or rejecting each request for approval of proposed Improvements. Section 7.4 Design/Construction/Material Standards. In furtherance of the broad discretion vested in the Architectural Committee by this Declaration, these restrictive covenants intentionally do not provide for general guidelines or standards of design, construction, or materials. However, without limiting the broad authority and discretion vested in the Architectural Committee herein, -10- 3989959 Pages: 11 of 25 01/15/2014 0$:04 AM R Fee:$131.00 Steve Moreno, Clerk and Recorder: Weld County. CO ■fl4 r1lnR�' ,+��1 I Mill the Architectural Committee may, but shall not be required to, establish guidelines or standards for design construction, and materials in connection with any Improvements. However, such guidelines and standards shall be merely a tool for the use by any Owner in preparing the Owner's Plans in connection with obtaining Architectural Committee approval as required herein and compliance with any such guidelines or standards shall not constitute satisfaction of any minimum or other standard without also having obtained actual Architectural Committee approval as required herein. Notwithstanding the forgoing provisions, no sewage disposal system, sanitary system, or septic tank will be constructed, altered, or allowed to remain or be used on any Lot until it has been approved as to design, capacity, location, and construction by all applicable public health agencies of the State of Colorado and the County of Weld. Each sewage system on a Lot is the responsibility of the individual Owner of the Lot and shall be installed at the Owner's sole cost and expense. Section 7.5 Plan Review Procedure. Prior to commencement of any site work, construction, replacement, alteration, or other work upon or to any Lot or Improvement, written approval of the Architectural Committee much be obtained, The Owner wishing to do any such work, or such Owner's designated representative (the "Applicant"), must submit to the Architectural Committee at least two (2) full sets of the Plan and the Landscape Plan. The Architectural Committee may thereafter require that additional or modified Plans and or Landscape Plans be submitted by the Applicant to the Architectural Committee for review. The Architectural Committee may require that an application processing fee be paid by the Applicant the time of submission of Plans, which shall not exceed Two Hundred and No/100ths U.S. Dollars (U.S. $200.00). Upon receipt of all required Plans and any required application processing fee, the Architectural Committee shall thereafter have thirty (30) days to furnish the Applicant with written Notice of approval or rejection of the Plans as submitted. If rejected, the Architectural Committee shall furnish a written explanation of the basis for its rejection, and shall, if practical, furnish suggested modifications which would render the Plans acceptable subject to resubmission for review and approval upon completion of any such modifications. The Architectural Committee may condition its approval upon certain modifications being made to the Plans, in which event, such Plans shall be deemed approved only upon submission to the Architectural Committee of one (1) complete set of all revised Plans andlor Landscape Plans fully incorporating and reflecting all such required modifications. Whether approved or rejected, the Architectural Committee shall return one set of Plans and Landscape Plans as approved or rejected together with written Notice thereof to the Applicant, and shall keep the second set of Plans and Landscape Plans. If for any reason the Architectural Committee has not responded to the Applicant in writing within the thirty (30) day period as provided above, the Applicant shall notify the Architectural Committee of such failure in writing by U.S. Certified Mail, Return Receipt Requested, properly addressed and with proper postage fully prepaid. Thereafter, unless the Architectural Committee furnishes written Notice of approval or rejection as required above within fifteen (15) days of receipt of said notice from the Applicant, the Plan and Landscape Plan as submitted shall be deemed approved. Section 7.6 Governmental Requirements; Adequacy of Plans. The review and approval process provided for in this Declaration is separate from, and in addition to, all approvals, permits, and other requirements as may be required by any government, governmental agency, quasi- -I l- 3989959 Pages: 12 of 25 01/15/2014 08:04 AM R Fee:$13t.00 Steve Moreno. Clerk and Recorder Weld County: CO NISI PRlAril! INid.:I[ II governmental entity, or public or private utility having any jurisdiction over the Property. All construction must comply with all applicable federal, state and county regulations and requirements including, but not limited to, the Weld County Planning, Zoning, Public Works, Public Safety and all other applicable Weld County Regulations, together with the applicable requirements of OSHA, the EPA, the ADA. Approval of any Plan or Landscape Plan by the Architectural Committee shall not be deemed an assurance or guarantee that any such Plan or Landscape Plan complies with any governmental or other requirements, nor that any such Plans or Landscape Plan is adequate in terms of design, engineering, or other respect. Neither the Architectural Committee nor any member thereof shall be liable to the Applicant or any other party in connection with the existence or operation the review, approval, or rejection process provided for in this Declaration, unless any such liability is a direct and proximate result of any willful and wanton misconduct of the Architectural Committee or any member thereof. Section 7.7 Buildin t Location. No Building shall be located on any Lot nearer than twenty (20) feet to the street which it faces or nearer than ten (10) feet to any side street. No Building shall be located nearer than ten (10) feet to the side line of the Lot or nearer than ten (10) feet to the rear line of the Lot. For purposes of this Section, eaves, steps, and entry covers shall not be considered as part of the Building; provided, however, that this shall not be construed to permit any portion of a Building on a Lot to encroach upon another Lot; and provided further that on corner Lots where the frontage has been reversed, no Building shall be closer than ten (10) feet to the rear line of the Lot, Section 7.8 Notice of Completion. Upon completion of any construction, replacement, alteration, or other location or change of any Improvement(s), the Applicant shall furnish written notice to the Architectural Committee of the same. Thereafter, the Architectural Committee or its designee shall have the right to inspect the Improvement(s) to assure compliance with the approved Plan and Landscape Plan, and the Applicant shall cooperate with the Architectural Committee or its designee to arrange same. If the Applicant fails or refuses to permit such inspection, or if upon such inspection it is determined that such Improvement(s) do(es) not comply with the approved Plan and/or Landscape Plan, the Architectural Committee may furnish Applicant with written Notice of noncompliance and exercise all remedies permitted in this Declaration, at law, or in equity. A failure by the Architectural Committee to make such an inspection or furnish written Notice of noncompliance following any such inspection shall not prevent the Architectural Committee from later asserting any rights against any Owner, its successors or assigns, for an Improvements) made in noncompliance with an approved Plan and/or Landscape Plan or otherwise in noncompliance with any provisions within this Article. The exteriors of all Buildings must be completed within twelve (12) months after commencement of construction thereof. An extension may be available upon petition to the Board of Directors. Section 7.9 Remedies Upon Noncompliance. If at any time during or after construction, replacement, alteration, removal, or other work on any Improvement(s) upon any Lot, it is determined by the Architectural Committee that any such Improvement(s) are not in compliance with the approved Plan and/or Landscape Plan, including a failure to submit such Plans for approval prior to commencing any work on such Improvement(s), the Architectural Committee shall furnish Notice of noncompliance to the Owner/Applicant. Upon such Notice, Owner shall immediately cease all work other than as required to bring the Improvements) into compliance -12- 3989959 Pages: 13 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder. Weld County. Co liiI K�rrL'�4'lk�+��1�1�P�'Ml± <<'i>F,ti:� i��;LI�I�N.I`1,Yir�f 1I II1 with the approved Plan. If the Owner fails to immediately cease alI such work, or fails to bring in the Improvements into such compliance within a reasonable period of time not exceeding forty-five (45) days, the Architectural Committee shall have all rights and remedies available pursuant to this Declaration, at law, or in equity. Such rights and remedies may include and or more of the following: (a) Injunctive Relief. The Architectural Committee may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance with approved the Plans and the Landscape Plan or authorizing the Architectural Committee to undertake all steps and actions, on the Owner's behalf and expense (said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with assessments as provided herein), necessary in order to bring the Improvements into compliance with approved the approved Plans and Landscape Plan; and (b) Damages, Costs; Attorney Fees. The Architectural Committee may recover from the Owner all damages, costs, and attorneys' fees and costs suffered or incurred in connection with the existence or remedying of any Improvement(s) found by a court of competent jurisdiction to be in non-compliance with the approved Plans and Landscape Plan (said damages, costs, and fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with assessments as provided herein), Section 7.10 Building Location. Building location must be specified in the Plans and the Building location on any Lot shall be subject to Architectural Committee approval. Section 7.11 Landscaping Plan. (a) Description and Areas of Landscaping. All Lots must be landscaped in accordance with Weld County, Colorado regulations. In addition to any Weld County, Colorado landscaping requirements, all undeveloped ground on a Lot must be seeded with native, drought tolerant grass, and appropriately maintained and mowed. All Lots shall be landscaped only in accordance with a plan approved by the Architectural Committee prior to any development of the Lot. Such Landscaping Plan shall include information regarding the type and surface area of seeding; types, numbers, and placement of trees, hedges, and shrubs; and information regarding other customary landscape treatment. The landscaped area shall include that area between the curb line and the front setback line for all Lots and those Lots on a corner at the intersection of two (2) streets or roads shall also be landscaped between the curb line and the side setback. It shall be the responsibility of the Owner of a Lot to landscape and maintain the area between the lot lines of said Owner's Lot. All landscaping shall be undertaken and completed in accordance with the approved Landscape Plan and said Plan may not be altered, amended, or revised without submitting the revised Landscaping Plan for the prior written approval by the Architectural Committee. (b) Time to Complete Landscaping. Any landscaping required hereunder or otherwise to be provided on any Lot shall be completed (completion including full payment therefore) within sixty (60) days after the substantial completion of construction of any improvements on the Lot; provided, however, if weather conditions do not permit completion within such sixty (60) -day -13- JNON- 3989959 Pages; 14 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder- Weld County Co (II period, such landscaping shall be completed as soon thereafter as weather conditions permit. If any Owner fails to undertake and complete landscaping within the time limits set forth herein, or if the Owner fails to properly maintain any unimproved Lot, the Architectural Committee may, at its option, after giving the violating Owner ten (10) days prior written notice (unless during said ten (10) day period the Owner shall proceed and thereafter pursue with diligence the completion or maintenance of such landscaping), undertake and complete the landscaping of the Lot in accordance with the Landscaping Nan, or in the case of an unimproved Lot, the Architectural Committee may undertake necessary maintenance items. If the Architectural Committee undertakes and completes such landscaping or the maintenance of an unimproved Lot after proper Notice has been given, the cost of such landscaping and/or maintenance shall be assessed against the Owner and if such assessment is not fully paid within thirty (30) days after Notice of assessment, said assessment shall constitute a lien on the Lot and may be enforced in accordance with this Declaration. (c) Maintenance of Landscaping. Each Owner shall be responsible for maintenance of landscaping on its Lot(s). If any Owner fails to maintain the landscaping on its Lot(s), the Architectural Committee or any other Owner may, in its sole discretion, after giving the Owner of the lot needing maintenance ten (10) days written notice, enter upon the Lot and undertake and complete such landscaping maintenance. All costs of such landscaping maintenance undertaken by the Architectural Committee or other Owner shall be assessed against the Lot upon which said landscaping maintenance is done and failure to pay such assessment shall constitute a lien against the Property, enforceable as set forth in this Declaration. (d) Landscaping and Maintenance Easement. For the purpose of enforcing and effecting the completion or maintenance of landscaping on a Lot, the Architectural Committee is hereby granted an easement over and upon the Property for so long as it is reasonably required to accomplish such completion or maintenance of landscaping. Section 7.12 Intersection Obstructions. Subject to review and approval by the Architectural Committee, no Owner shall construct any fences, berm, or other improvements, or plant any shrubs, hedges, or trees, within ten (10) feet of the access road through the Property, which, when fully constructed or matured, will unreasonably obstruct the view of any driver at any such intersection. ARTICLE VIII USE AND OCCUPANCY OF LOTS Section 8.1 Use Restriction. Subject to approval by the Board, which approval may be granted or withheld in its sole and discretion, all Lots shall be used exclusively for uses allowed under the applicable zoning for the Property, together with incidental uses permitted herein. Currently, the Property is zoned for Commercial, Light Industrial, and Heavy Industrial purposes. The terms Commercial, Light Industrial, and Heavy Industrial is defined by the County of Weld Zoning Regulations under the classifications of I -I, I-2, and I-3 zoning. No lot's primary use shall be for the storage of wrecked or incapacitated vehicles or machinery, Section 8.2 Restrictions on Leasing. All leases of Owners' Lots shall be in writing and shall -14- 3989959 Pages: 15 of 25 01/15/2014 08:04 AM R Fee:$131,00 Steve Moreno. Clerk and Recorder, Weld Calmly, CO ■Ill 1��1�'�1�,1`u',<4N1�'��E7'�;ltiv�'1�r��L��l�, UI i11 contain a covenant by the tenant or tenants that their use and occupancy of the Lot subject to the terms and conditions set forth in this Declaration, the Articles, and the Bylaws, and that such tenant will abide by the terms contained therein as well as any Rules and Regulations promulgated by the Board. The Owner of a leased Lot shall remain responsible for all assessments against the Lot notwithstanding the leasing of the Owner's Lot. Section 8.3 Signs, Billboards, Etc. No signs, billboards, or similar items shall be placed or permitted to remain on any Lot or elsewhere on the Property, except in compliance with plans approved by the Architectural Committee; provided, however, each Lot may have, during the ongoing and active construction of a Building, one (1) sign not more than one hundred (100) square feet in area per side, placed within ten (10) feet of the Building, identifying the contractor, lender, architect, engineer, or similar information relating to the construction of the Improvements. There shall be no billboards or signs painted on the side or roof of a Building. No signs will be allowed that advertise a business other than a business located within the Property. All signs must satisfy all applicable county, state and federal regulations. This Section shall not apply to any signs or other advertising of Declarant or its agents in connection with its sale of Lots or its development of the Property. Section 8.4 Parking of Vehicles; Road Use. No parking shall be permitted on the access road through the Property or at any place other than in a designated, parking space on a Lot. Each Owner shall be responsible for compliance with the foregoing by the Owner's employees, agents, tenants, and invitees. Adequate off-street parking shall be provided by each Owner for customers, employees, agents, tenants, and invitees. All off-street parking areas, access drives, and loading areas shall be properly graded to assure proper drainage. No use of any Building shall be permitted which requires or is reasonably expected to attract parking, loading, or unloading in excess of the capacity of the facilities maintained therefore on the Lot and any other capacity existing by easements or other legal right. All Owners will keep the common roadway free from obstructions and shall not store any items on the common roadway. Section 8.5 Outside Storage; Fences. Outdoor storage of waste, rubbish, materials, supplies, equipment, finished or semi -finished products or articles of any nature shall be enclosed and concealed by a fence, shrubs, hedges, or other foliage. Outside storage areas shall not be located within setback required from a front lot line. Security fencing is expected and fences shall not be constructed of scrap materials. No fence, wall, hedge, shrub, plant, or tree which obstructs sight lines at elevations more than two (2) feet above the roadway shall be placed or permitted to remain on any Lot within the triangular area formed by lot boundaries adjacent to streets and a line connecting them at points ten (I 0) feet from the intersection of those lot boundaries. There shall be a fence standard throughout the Property. Fences shall be constructed of six (6) -foot high industrial zinc or galvanized chain link fencing or approved equal; provided, however, that if a screening fence is required, it shall be constructed of standard chain link with redwood slats bound in the mesh or approved equal. Section 8.6 Nuisances. No obnoxious or offensive activity shall be carried on or permitted upon -15- 3989959 Pages: 16 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder. Weld County, CO ■�� Mall:MPS` 1006 U L'" 1I',r>tic' Yik�,1111 any Lot, nor shall anything be done thereon which may be, or become, an annoyance or nuisance to any occupant of the Property. Section 8.7 Maintenance of Improvements and Lot, Unless maintained by the Association as a Common Element, every Owner shall be responsible for regular maintenance, repair, replacement, and other upkeep of the Owner's Lot, Building, and other Improvements. The Owner shall control all weeds, debris, trash, dust, and mud, and otherwise keep the Owner's Lot clean and safe at all times. If any Owner fails to fully abide by this provision, the Association, after Notice to the Owner and a reasonable opportunity to perform all necessary work, may undertake such work on behalf of and at the Owner's expense. Any such expenses shall be reimbursed to the Association within thirty (30) days of the Association's furnishing Notice to such Owner that such expenses are owned, and such amount, together with costs of collection thereof, attorneys' fees and costs, and interest thereon, shall be a personal obligation of the Owner and a charge and lien against such Owner's Lot as provided herein for assessments. Section 8.8 Use of Common Elements. All use and occupancy of the Common Elements shall be subject to and governed by the Board and the Rules and Regulations. No damage or waste shall be committed to the Common Elements, or any obstruction of the Common Elements, nor anything kept or stored on any part of the Common Elements, nor any alteration of the Common Elements, without the prior written approval of the Board. Section 89 Re -Subdivision. Except as otherwise provided within the terms, conditions, or guidelines of any other matter of record on the date of this Declaration, including, without limitation, any Special Review Plan, no Lot shall be re -subdivided into smaller lots nor conveyed or encumbered by any description or in any amount less than the full original dimensions as set forth on the Plat. Nothing herein contained shall prevent the dedication or conveyance of portions of Lots for additional easements for public utilities or similar purposes, nor conveyances correcting boundary disputes or similar problems as permitted by law. Section 8.10 Easements, All utility, drainage, access, recreation, sewer, and other easements shown on the Plat are hereby granted, dedicated, and reserved for such purposes. All utilities shall be underground, No Building or other structure shall be constructed or placed upon any easement except streets, driveways, walkways, fences, and landscaping, and then only if such items do not unreasonably interfere with any proper use and maintenance of any easement. All easement areas within any Lot and ail Improvements thereon shall be maintained and cared for by the Owner of the Lot, unless the Association or owner of such easement expressly assumes such responsibility either pursuant to this Declaration or otherwise. Section 8.11 Drainage, No Owner shall modify or change the topography or contour of the Owner's Lot, including, without limitation, any drainage easement areas, from the shape, contour, drainage pattern, or plan established by Weld County, Colorado and recorded against the Property. Any Owner who in any way materially modifies the drainage pattern of a Lot without proper consent shall be liable for any and all damages stemming therefrom and may be required to return such drainage patterns to their original condition. If any Owner fails to properly return such drainage patterns to their original condition, the Association, after Notice to the Owner and a reasonable opportunity to perform all necessary work, may undertake such work on behalf of and -16- 3989959 Pages: 17 of 25 01/15/2014 06:04 AM R Fee:$131.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ill' Ml:rill: 'f lani' at the Owner's expense. Any such expenses shall be reimbursed to the Association with thirty (30) days of the Association's furnishing Notice to such Owner that such expenses are owed, and such amount, together with costs of collection thereof, attorneys' fees and costs, and interest thereon, shall be a personal obligation of the Owner and a charge and lien against such Owner's Lot as provided herein for assessments. Section 8.12 Declarant's Use. Notwithstanding any provisions contained in this Declaration to the contrary, Declarant and Declarant's employees, agents, independent contractors, successors, and assigns involved in the development, construction, marketing, and sale of the Property or any Lots, Buildings, or other Improvements thereon, may undertake any and all activities and maintain such facilities upon the Property as may be reasonably necessary or incidental to such activities; provided, however, no such activity shall be performed nor any facility maintained on any portion of the Property which unreasonably interferes with any Owner's use and enjoyment of the Owner's Lot. Section 8.13 Growing Crops. No Owner may use any portion of any Lot for growing any crops on the Owner's Lot; provided, however, that Declarant reserves unto itself the right to use any portion of any Lot owned by Declarant for growing crops on such Lot. Section 8.14 Radio and Television Antennae; Satellite Dishes; Telephone Transmission/Receiving Devices; and Electrical Devices. No exterior television antenna, radio antenna, satellite transmitting or receiving devices, telephone transmitting or receiving devices, or similar items shall be placed or maintained upon any portion of the Property without the express written consent of the Architectural Committee. No electronic devices or systems causing electrical interference with telephone, radio, satellite, television, or similar receivers within the Property shall be permitted. Section 8.15 Destruction of Improvements. In the event any Improvement is wholly or partially destroyed by casualty, such structure shall either be promptly rebuilt to conform with these covenants, or all remaining portions of such structure, including, but not limited to, foundation and all debris, shall be promptly removed from the Lot. ARTICLE IX INSURANCE Section 9.1 Property Insurance on Insurable Common Area. The Association shall use reasonable efforts and resources to keep all insurable improvements and fixtures constituting Common Elements insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Board may deem desirable. The Association may also insure any other property, whether real or personal, owned by the Association, against loss or damage by fire and such other hazards as the Board may deem desirable The Association shall be the owner and beneficiary of any such insurance and any proceeds thereof shall be payable to the Association. Section 9.2 Replacement or Repair of Common Elements. Any Common Element for which insurance is required under this Article which is damaged or destroyed must be repaired or -17- 3989959 Pages: 18 of 25 01/15/2014 08:04 Rt1 R Fee:$131.00 Ste -:e Moreno. Clerk and Recorder. Weld County CO kratrArWHiliAlifil ItiraTi LUCIA: Li EN replaced promptly by the Association unless: (a) repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; or (ii) the Owners of at least eighty percent (80%) of the Lots vote not to repair or replace, The cost of repair or replacement in excess of any insurance proceeds and available reserves shall be a Common Expense. Upon proper authorization, the Association may make a special assessment to cover the additional cost of repair or replacement. If any portion of the Common Elements is not repaired or replaced, the insurance proceeds shall be used to restore the damaged area to a condition compatible with the remainder of the Common Elements and any remaining proceeds shall be distributed to all Owners equally, or their Mortgagees, as their interests may appear. Section 9.3 Liability Insurance. The Association shall obtain a comprehensive policy of public liability insurance insuring the Association, Board, any management agent, and their respective employees and agents, covering all of the Common Elements in an amount deemed appropriate by the Board, covering all claims for bodily injury or property damage. Such coverage shall, include, without limitation, liability, for personal injuries, operation of motor vehicles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. All Owners shall be included as additional insured's under such insurance coverage, but only for claims and liabilities arising in connection with the ownership, use, existence, or management of the Common Elements, The insurance shall cover claims of one or more insured parties against other insured parties. Section 9.4 Fidelity Insurance. The Association may, but is not required to, obtain fidelity bonds to protect against dishonest acts on the part of its directors, officers, employees, fiduciaries, agents, and all others who handle or are responsible for handling funds or other assets of the Association. Section 9.5 Workmen's Compensation Insurance. The Association shall obtain Workmen's Compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. Section 9.6 Officers' and Directors' Personal Liability Insurance. The Association may, but is not required to, obtain officers' and directors' personal liability insurance to protect the Association's officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. Section 9.7 Other Insurance. The Association may obtain insurance against such other risks as the Board shall deem prudent with respect to the Association's operations and property, Section 9.8 Insurance Premiums. Insurance premiums for any of the above -described insurance shall be a Common Expense, First Mortgages shall have the right, jointly and severally, to pay all overdue premiums on hazard insurance policies, or secure comparable new hazard insurance coverage in the event of a lapse of such a policy, for the Common Elements; any such First Mortgagee making such payment shall be owned immediate reimbursement therefore from the Association, Section 9.9 Availability. If the insurance required by Sections 9.1 and 9.3 above are not -18- 3989959 Pages: 19 of 25 01/15/2014 08:04 AC! R Fee$131.00 Steve Horeno. Clerk and Recorder. Weld County Co ■Ili 14P:471 Eif+,14, Ill reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association shall promptly deliver Notice of that fact to all Owners. Section 9.10 Casualty and Liability Insurance - Additional Requirements. The casualty and liability policies required by Sections 9.1 and 9.3 above must provide that: (a) the insurer waives its right to subrogation against any Owner or any member of the Owner's household; (b) no act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or become a condition to recovery under the policy; and (c) if, at any time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk, the Association's policy provides primary insurance. Section 9.11 Property Insurance Adjustment. Any loss covered by the property insurance policy required by Section 9.1 above must be adjusted with the Association. The insurance proceeds for such loss shall be payable to an insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owner and Mortgagees as their interests may appear. Subject to Section 9,2 above, all such proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners, and Mortgagees are not entitled to receive payment of any portion of such proceeds, unless there is a surplus after the property has been completely repaired or restored. The Association may adopt written, non-discriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such settlement all deductibles paid by the Association. Any such amount shall be reimbursed to the Association within thirty (30) days of Association's furnishing Notice to such Owner that such amount is owed, and together with costs of collection thereof, attorneys' fees and costs, and interest thereon, shall be a personal obligation to the Owner and a charge and lien against such Owner's Lot as provided herein for assessments. Section 9.12 Certificates of Insurance; Termination. The insurer issuing property or liability policies as required by Sections 9.1 and 9.3 above shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or Mortgagee. Unless otherwise provided by statue, any such insurer may not cancel or refuse to renew its policy until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to the Association and to each Owner and Mortgagee to whom a certificate or memorandum of insurance has been furnished. Section 9.13 Owner's Insurance. No insurance policy issued to the Association pursuant to this Article shall obviate the need for Owners to obtain insurance for their own benefit. Such insurance should include, but not be limited to, a comprehensive casualty and liability policy covering the Owner's entire Lot and all Improvements thereon. -19- 3989959 Pages. 20 of 25 01/25/7014 08:04 AM R Fet:$131.00 Steve lMoreno Clerk and `corder/.Weld County- CO ARTICLE X GENERAL PROVISIONS Section 10.1 Enforcement. If an Owner has a complaint regarding a claimed infraction of this Declaration with another Owner that cannot be reconciled with the other Owner, the complaining Owner may ask the Board of Directors to mediate the dispute and give an opinion on behalf of the Association. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and charges imposed or created by the provision of the Declaration. Failure by the Association or by any Owner to enforce any provision herein shall not be deemed a waiver thereof. To the extent the Association performs any obligation on behalf of any Owner pursuant hereto, all costs thereof, costs of collection, attorneys' fees and costs, and interest thereon, shall be a personal obligation of such Owner and a charge and lien against the Owner's Lot as provided for assessments in this Declaration. Section 10.2 Severability. If any provision of this Declaration or portion hereof shall be found by any court having competent jurisdiction over this Declaration and the parties hereto to be invalid, unlawful, or unenforceable, this Declaration shall nevertheless remain effective, but shall be considered amended to the extent considered by said court to be necessary to render said provision or portion hereof valid, lawful and enforceable, and shall be fully enforceable as so amended. The Declarant, the Association, and the Owners do hereby expressly authorize any court of competent jurisdiction to modify any such provision or portion thereof in order that any such provision or portion thereof may be enforced by such court to the fullest extent permitted by applicable law. Section 10.3 Term. This Declaration and all provisions herein shall run with and bind the Property for an original term of twenty (20) years from the date this Declaration is first recorded, after which time it shall be automatically extended for successive terms of ten (10) years, unless terminated. This Declaration may be terminated at any time by filing in the real estate records of the Clerk and Recorder of Weld County, Colorado, a legally sufficient instrument signed by the Owners of not less than eighty percent (80%) of all Lots. In the case of termination of this Declaration and/or dissolution of the Association by any means, each Owner that was subject to this Declaration shall be required by the Weld County Board of Commissioners to assume responsibility for maintenance of the Common Elements, including the road through the Property. A complete termination of this Declaration shall not relieve the Association and/or any Owner from its responsibility to maintain the Common Elements, including the road through the Property, unless such termination is approved in writing by the Weld County Board of Commissioners. Section 10.4 Amendment. Other than any provision herein which by its terms requires a higher voting percentage for any action, in which event such higher percentage would be required, this Declaration may be amended at any time by written consent of the Owners of not less than sixty- seven percent (67%) of the Lots; except, other than termination of this Declaration altogether or as otherwise provided herein, no amendment may increase, decrease, or otherwise alter any Declarant -20- 3989959 Pages: 21 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Morino. Clerk and Recorder, Weld County. CO Yilr kik: iif ION MU' ' IA III i rights, increase the number or change the boundaries of any Lot, change the number of votes or the relative share of assessments allocated to any Lot, nor alter the use restrictions on any Lot without the written consent of eighty percent (80%) of all Owners of the Lots. Any amendment must be recorded in the real estate records of the Clerk and Recorder of Weld County, Colorado, in a legally sufficient instrument prepared, executed, and certified on behalf of the Association by the President of the Association and must be indexed in the Grantee's index to such records in the name of Weld County Industrial Park Association. Notwithstanding any language in this Declaration, no amendment to this Declaration which relieves the Association or any Lot, Owner, and/or Member of the obligation to own, operate, maintain, repair, replace, otherwise care for, or pay for any Common Elements shall be effective, unless approved in writing by the Weld County Board of Commissioners. Section 10.5 Management of the Common Elements and Association Maintenance Area. The Board may obtain and pay for the services of a managing agent to manage the Association's affairs, or any part thereof, to the extent it deems advisable, as well as such other persons the Board determines to be necessary or desirable for proper management, operation, and maintenance of the Common Elements; provided, however, that any related contract shall terminate upon not more than ninety (90) days written notice, with or without cause, and without payment of any termination fee. Section 10.6 Condemnation of the Common Elements. If all or any part of the Common Elements are condemned by any public authority or sold or otherwise disposed of in lieu or advance thereof, all compensation, damages, or other proceeds therefrom shall be payable to the Association. The Association shall use such proceeds for restoration of the remaining Common Elements, if possible, to pay any deficiencies in Common Expenses or to establish new or increased reserves as determined by the Board, or may distribute such proceeds equally among the Owners. Distributions of any such proceeds to the Owners shall be made by checks payable jointly to the Owners and their respective First Mortgagees. Section 10.7 Payment of Taxes by First Mortgagees. First Mortgagees may, jointly or singly, pay taxes or other charges which are past due and which may or have become a charge against the Common Elements. First Mortgagees making such payments shall be owned immediate reimbursement therefore from the Association. Section 10.8 Statement of Account. The Association shall furnish to any Owner or the Owner's designee, or to any Mortgagee or its designee, upon written request, delivered personally or by U.S. Certified Mail, Return Receipt Requested, proper postage fully prepaid, to the Association's Registered Agent, setting forth the amount of unpaid assessments currently levied against such Owner's or Mortgagee's Lot. The statement shall be furnished within fourteen (14) business days after receipt of the request and shall be binding upon the Association, Board, and every Owner. If no statement is furnished when properly requested, the Association shall have no right to assert against the requesting party any lien upon the Lot for unpaid assessments due as of the date of the request. The Association shall keep financial records sufficiently detailed to enable the Association to comply with this Section. All financial and other records shall be made reasonably available for examination by any Owner or the Owner's designee. -21- M� 3989959 Pages: 22 of 25 01/15/2014 08:04 Aft R Fee:$131.00 Steve 1oreno. Clerk and Recorder. Weld County. CO !III 1��.rl r' �� It��► '�i1i 'r'� .'�i�'�� r1''kill, ink Section 10.9 Indemnification. The Association shall indemnify and hold harmless Declarant, its directors, officers, agents, employees, and independent contractors from and against any and all claims, lawsuits, damages, costs, or other liabilities of any kind in any way related to the Property, including the Common Elements, or any act or omission of the Association or any of its directors, officers, agents, employees, or independent contractors, unless caused directly by Declarant's or Declarant's directors', officers', agents', employees', or independent contractors' gross negligence or international acts or omissions. The Association shall indemnify and hold harmless its directors, officers, agents, employees, and independent contractors from and against any and all claims, lawsuits, damages, costs or other liabilities of any kind in any way related to the Association or Property, unless caused directly by the applicable directors', officers', agents', employees', or independent contractors' gross negligence or intentional acts or omissions. Section 10.10 Valuation of Common Elements Assessed to Lots. Subject to any applicable law to the contrary, each Lot, together with its interest in the Common Elements, shall constitute a separate parcel of real estate and shall be separately assessed and taxed. Each Owner shall be responsible for all taxes so imposed against the Owner's Lot. The valuation of the Common Element shall be assessed proportionately to each Lot in accordance with its relative allocated Common Element Assessment. Section 10.11 Recording Declaration and Plat. To be effective, this Declaration must be recorded in the same manner as a deed in the real estate records of the Clerk and Recorder of Weld County, Colorado. In addition, the Plat of the Property must contain a statement by a professional land surveyor that the survey of the Plat was performed by such surveyor or under such surveyor's responsible charge, and likewise be recorded. Upon the recording of this Declaration, Declarant must deliver a copy of this Declaration to the Weld County Assessor. Section 10.12 Conflict With Act. In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent with C.R.S. §§38-33.3-105 to 38-33.3-107 of the Act as presently enacted , the terms or provisions of C.R.S. §§38-33.3-l05 to 38-33.3-107 of the Act as presently enacted shall control and govern. In case of any such conflict or inconsistency, the applicable terms and provisions contained in this Declaration shall, to the extent possible, be construed in accordance with C.R.S. §§38-33.3-105 to 38-33.3-107 of the Act as presently enacted, and any conflict with or violation of C.R.S. §§38-33.3-105 to 38- 33,3-107 of the Act as presently enacted by any terms or provisions of this Declaration shall not affect, void, or render unenforceable any other term or provision of this Declaration, which shall be in full force and effect in accordance with their terms. ARTICLE XI WELD COUNTY'S RIGHT TO FARM Section 11.1 Drawbacks vs. Incentives. 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 -22- 3989959 Pages: 23 of 25 01/15/2014 08:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder, ,field County. CO ■iii P.! , 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. Section 11.2 Agricultural Activities. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County, C.R.S. §35-3.5-102 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. Section 11.3 Water. 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. Section 11.4 Services. 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. Section 11.5 Hazards. 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. -23- 3989959 Pages: 24 of 25 01/15/2014 0$:04 AM R Fee:$131.00 Steve Moreno. Clerk and Recorder. Weld Coun1Y. Co ■1filerdkralFriMitlilfiliLiiiiii.F r1 RUN 1Mill IN WITNESS WHEREOF, the undersigned, being Declarant herein, has made and executed this Declaration this day of ipo4,.k , 2Ol . DECLARANT; Big Thompson Investment Holdings, LLC, a Colorado limited liability company By: Print Name: Title: Manager STATE OF COLORADO COUNTY OF L_.((_ The above and forgoing in tr rent was acknowledged before me this 1314.3 day of Q,iUl6 , 20 4 by GULkS+0,in , as Manager of Big Thompson Investmet Holdings, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: rl /13 / pi4 SS. [SEAL] -24- KATHRYN L. NNW NOTARY PUBLIC STATE Of COLORADO NOTARY ID 20104018130 MY COMMISSION EXPIRES 0714312014 EXHIBIT "A" TO FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WELD COUNTY INDUSTRIAL PARK Legal Description of the Property Lot B of Recorded Exemption No. 105723-2-RECX ] 2-0056, being a part of the W1/2 of Section 23, Township 4 North, Range 66 West, of the 6`h P.M., County of Weld, State of Colorado, and being subject to the Plat of Weld County Industrial Park M[NF 12-0001 recorded on January 10, 2014 in the real property records of the Weld County Clerk and Recorder at Reception No. 3989177. Notwithstanding the foregoing, Outlot A established by the Plat is excluded from the Property for purposes of the Declaration, but remains a part of the Plat. 3989959 Pages: 25 of 25 01/15/2014 08:04 PM R Fec:$131.00 Steve Moreno: Clerk and Recorder, Wed County, CO 1111I�!�1�;�fE ' hlf 1W�4I ifili4O1 +rf'Ml1}1.4191IA 11111 -25- 4075675 01/14/2015 12:35 PM Total Pages: 9 Ree Fee: $51.00 Carly Koppes - Clerk and Recorder, Weld County, CO FIRST AMENDMENT TO I+1RST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WELD COUNTY INDUSTRIAL PARK THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC S FOR WELD COUNTY INDUSTRIAL PARK ("this First Amendment"), is made this day of January, 2015, by PECKHAM DEVELOPMENT CORPORATION, a Colorad corporation ("the Declarant"). RECITALS A. On January 15, 2014, the Big Thompson Investment Holdings, LLC, a Colorado limited liability company (the "Former Declarant") recorded the First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Weld County Industrial Park in the real property records of Weld County, Colorado at Reception No. 3989959 ("the Restated Declaration"). B. The Former Declarant has assigned all of its Declarant Rights under the Restated Declaration to the Declarant. C. The Declarant and its Affiliates, as hereinafter defined, own 80% or more of the Lots within the Property. D. Capitalized terms used in this First Amendment shall have the meaning given in the Restated Declaration. NOW, THEREFORE, the Restated Declaration shall be and is hereby amended as follows: 1. Section 1.2 of the Restated Declaration is hereby amended and restated in its entirety as follows: 1.2 Colorado Common Interest Ownership Act, Pursuant to C.R.S. §38- 33.3-121 the Colorado Common Interest Ownership Act does not apply to the Property. 2. Section 2.1 of the Restated Declaration is hereby amended by adding the following definitions: "Affiliate" means (i) with respect to any entity, such entity's officers, directors, shareholders, members, managers, partners, employees, agents, successors and assigns and any individual or entity directly or indirectly controlling, controlled by or under common control with such entity and (ii) with respect to any individual, such individual's current or former spouse, 4834-2727-2993.9 4075675 01/14/2015 12:35 PM Page 2 of 9 parents, lineal descendants (including by adoption), and spouses of such lineal descendants, and each of such person's heirs, devisees, legatees, personal representatives, estates, and any entity controlled by any of such persons. For purposes of this definition, the term "control," shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and/or policies of an entity, whether through the ownership of voting securities, by reason of management authority, by contract, or otherwise. "Interim Road Maintenance Agreement" means the "Interim Road Maintenance and Collateral Agreement, Weld County Case MINF 12-0001" dated January 15, 2014 made and entered into by and between the County of Weld, State of Colorado, acting through the Board of County Commissioners and Big Thompson Investment Holdings, LLC, recorded March 4, 2014 at Reception No. 4000061 of the Weld County, Colorado Clerk and Recorder records. "Improvements Agreement" means the "Improvements Agreement According to Policy Regarding Collateral for Improvements `Hickman Minor Subdivision' —MINF 12-0001" made and entered into by and between Big Thompson Investment Holdings, LLC, and the County of Weld, State of Colorado, acting through the Board of County Commissioners. "Lots" refer to (i) each of the nine (9) numbered, identified, and described Lots as shown upon the Plat and (ii) Lot A of Recorded Exemption No. 1057-23 2-i ECX12-0056, being a part of the W '/2 of Section 23, Township 4 North, Range 66 West, of the 6" P.M., County of Weld, State of Colorado, which is added to the Property by Section 8 of this Amendment. "Offsite Haul Roads" means Weld County Roads 33 and 44 as described, designated and defined in the Interim Road Maintenance Agreement and the Improvements Agreement. "Offsite Haul Route" means the following parameters as set forth in Section B.1.0 of the Improvements Agreement and by the Declarant: Haul vehicles shall enter and exit the Property at the intersection of Niobrara Boulevard and Weld County Road 33 or Weld County Road 44. Haul vehicles will travel on Weld County Road north to US Highway 85 for further dispersal and may travel east or west on Weld County Road 44. No Haul vehicles will be allowed to travel to the Property from the South on Weld County Road 33. No Haul Route vehicle entering or exiting the Property may exceed Colorado Department of Transportation required specifications for pounds per axle. 2 4830-2727-2993.9 4075675 01/14/2015 12:35 PM Page 3 of 9 "Occupant" means any individual, corporation, limited liability company, joint venture, trust, partnership, association, or other entity which has purchased, leased, rented, or otherwise legally acquired the right to occupy and use all or any portion of a Lot, whether or not such right is exercised, together with their respective agents, employees, contractors, subcontractors guests, business invitees and all other persons entering the Property at the request of the Occupant. 3, The definition of "Common Elements Assessment" in Section 2.1 of the Restated Declaration is hereby deleted in its entirety. 4. The definition of "Common Elements" in Section 2,1 of the Restated Declaration is hereby amended and restated in its entirety as follows: "Common Elements" are all interests in real property and improvements thereon located within the Property that are for the common use, benefit, and enjoyment of the Owners. At this time the Common Elements include only Niobrara Boulevard, entryway features and access to the Property at the intersection of Niobrara Boulevard and Weld County Road #33 and at the intersection of Niobrara Boulevard and Weld County Road #44, and the storm water management system, which includes but is not limited to detention pond(s), drainage ditches, pipes and culverts constructed, or to be constructed on the Property by Declarant without cost to the Association. Neither Declarant nor any other party shall have a right to designate additional Common Elements without the approval of the Board. 5. Section 4.3 of the Restated Declaration is hereby amended and restated in its entirety as follows: Section 43 Traffic Restrictions on Use of Access Road. All Owners and their respective Occupants shall comply with all rules, regulations and requirement of the Interim Road Maintenance Agreement and the Improvements Agreement, including but not limited to the obligation to use the Offsite Haul Road Route as required by the Interim Road Maintenance Agreement and the Improvements Agreement. The Association shall assess any Owner and the Owner's Lot for all costs and expenses incurred by the Association as a result of a violation of the OlLite Haul Road Route by the Owner or an Occupant of the Owner's Lot. Each Owner agrees to indemnify and hold harmless the Declarant and the Association, and each of their officers, directors, shareholders, agents and employees, and their respective heirs, personal representatives, successors and assigns ("Indemnities") from and against any and all loss, coat, expense and liability, including reasonable attorney's fees, arising out of, as a result of, or in connection with the failure of such Owner or the Occupant of such Owner's Lot to comply with the Haul Road Route requirements of the Interim Road Maintenance Agreement 3 4830-2727-2993.9 4075675 01/14/2015 12:35 PM Page 4 of 9 and the Improvements Agreement.. Any costs and expenses incurred by the Association arising out of the failure of an Owner or the Occupant of such Owner's Lot to comply with the Haul Road Route requirements of the Interim Road Maintenance Agreement and the Improvements Agreement shall be assessed against the Lot and the Owner of the Lot who failed, or whose Occupant failed, to comply with the Haul Road Route requirements of the Interim Road Maintenance Agreement and the Improvements Agreement. If any Owner fails to perform its obligations wider this Section 43 and as a result the Indemnities or any one of them incurs any costs, expenses, or damages, the Indemnities shall have the right to an action for both damages and specific performance. The right to specific performance shall include the right of the Declarant to require the Association to make an assessment against the applicable Lot (but not against the owner of any other Lot) to pay any costs, expenses, or damages incurred by the Indemnities or any one of them and to require that the Association assign to the Indemnities the right to collect any unpaid Assessment by commencing legal action directly against the defaulting Owner and/or recording and foreclosing a lien against the defaulting Owner's Lot. 6. Article IV is hereby amended by adding the following Section 4.4, 4.5, and 4.6: Section 4.4 Road Maintenance Agreement and the Improvements Agreement. The Association hereby assumes and agrees to perform all duties, obligations, and responsibilities of the Declarant under the Interim Road Maintenance Agreement and the Improvements Agreement arising from and after the date hereof (the "Assumed Obligations"); provided, however, that the Assumed Obligations shall not include, and Declarant shall be solely responsible for (i) any warranty or indemnification obligations with respect to construction of improvements or other actions taken by Declarant or its Affiliates prior to the date hereof, (ii) any obligation to provide bonds, letters of credit or other collateral or security under the Interim Road Maintenance Agreement and the Improvements Agreement, and (iii) costs of construction of the improvements on or off the Property listed in section 4.5 hereinafter to the extent such costs of construction exceed $1.5 million (i.e. $150,000 per Lot x 10 Lots). (The obligations that are not being assumed by the Association but are to be performed by the Declarant as set forth in subsections (i), (ii) and (iii) of this Section 4.4 eha1l be icfcrred to as the "Retained Obligations".) The Association shall perform all Assumed Obligations of the Declarant under the Interim Road Maintenance Agreement and the Improvements Agreement with respect to the construction, installation, maintenance, repair and replacement of the Offsite 4 4830-2727-2993.9 4075675 01114/2015 12:35 PM Page 5 of 9 .Haul Roads, The Association shall pay all costs and expenses incurred in performing the duties, obligations, and responsibilities of the Declarant under the Interim Road Maintenance Agreement and the Improvements Agreement (to the extent included in the Assumed Obligations), including but not limited to the obligation to construct, install, maintain, repair and replace the Offsite Haul Roads pursuant to the Interim Road Maintenance Agreement and the Improvements Agreement, The Association shall indemnify and hold harmless the Declarant, and its officers, directors, shareholders, agents and employees, and their respective heirs, personal representatives, successors and assigns ("Declarant Indemnities") from and against any and all loss, cost, expense and liability, including reasonable attorney's fees, arising out of, as a result of, or in connection with the failure of the Association to perform the Assumed Obligations. All costs and expenses incurred by the Association in connection with the Assumed Obligations shall be Common Expenses included within the annual assessments and/or special assessments made and assessed against each Lot and the Owner of the Lot pursuant to Article VI of the Declaration as herein amended, and subject to Section 4.5 below. If the Association fails to perform any Assumed Obligations under this Section 4.4 and as a result the Declarant Indemnities or any one of them incurs any costs, expenses, or damages, the Declarant Indemnities shall have the right to an action for both damages and specific performance against the Association. The right to specific performance shall include the right to require the Association to make an assessment against all Lots to pay any costs, expenses, or damages incurred by the Declarant Indemnities or any one of them and to require that the Association assign to the Declarant Indemnities the right to collect any unpaid Assessment by commencing legal action directly against a defaulting Owner and/or recording and foreclosing a lien against the defaulting Owner's Lot. The Declarant shall perfonn the Retained Obligations. The Association shall have, in addition to all other remedies available under this Agreement, at law, or in equity,(i) the right to assess any Lots owned by the Declarant or its Affiliates for all costs, expenses, or damages incurred by the Association or any Owner as a result of Declarant's failure to perform the Retained Obligations, and (ii) the right to an action for both damages and specific performance against the Declarant, Section 4.5 Limitation on Assessments. Notwithstanding any other term, covenant, condition or provision of the Restated Declaration as herein amended, the maximum total amount that may be assessed against each Lot 5 4830-2727-2993.9 4075675 01/14/2015 12:35 PM Page 6 of 9 (whether as regular assessments, special assessments, Common Area Assessments, or otherwise) for payment of the cost of construction and installation of any infrastructure or improvements within the Property (other than any Owner's costs of constructing Improvements on such Owner's Lot) and any related warranty or indemnity shall not exceed $150,000 per Lot. Without limiting the generality of the foregoing, the following offsite improvements are specifically made subject to this limitation on Assessments: A. Asphalt paving of Weld County Road 33 from the intersection of Niobrara Boulevard to Weld County Road 33 north to US Highway 85. B. Left turn lane from Weld County Road 44 on to Niobrara Boulevard. C. Right turn lane from Weld County Road 44 on to Niobrara Boulevard, D. Right acceleration lane from Niobrara Boulevard on to Weld County Road 44. E. Left turn lane from Weld County Road 33 on to Niobrara Boulevard. F. Utility relocations to accommodate road improvements G. Engineering, legal, project management and permitting costs associated with design and installation of road improvements. Notwithstanding anything else to the contrary set forth herein, the $150,000 per Lot limitation set forth above shall not apply to (i) obligations for Offsite Haul Road Maintenance Requirements as further described in Section C of the Improvement Agreement or Section 5 of the Interim Road Maintenance Agreement, (ii) penalties for failure of any Owner or its agents, guests or invites to use the Off -Site Haul Rnute Roads as set forth in Section B of the Improvements Agreement or Section 4 of the Interim Road Maintenance Agreement, and (iii) maintenance and replacement of any Common Element originally installed by the Association or Declarant, except maintenance ox replacement required under any warranty or resulting from a defect in construction. Section 4.6 Amendment. Until such time as Declarant and its Affiliates own less than 70% of the Lots, the provisions of Sections 4.4, 4.5, and this Section 4.6 may not be amended without the consent or approval of at least 50% of the Owners other than Declarant or its Affiliates. 7. Article V of the Restated Declaration is hereby amended by adding the following Section 5.6: 6 4830-2727-2993.9 4075675 01/14/2015 12:35 PM Page 7 of 9 5.6 Deelaneat Rights. So long as the Declarant owns one or more undeveloped Lots, the Declarant shall have the right to appoint and remove a majority of the members of the Board of Directors of the Association and a majority of the members of the Architectural Committee. 8. Section 6.6 of the Restated Declaration is hereby amended and restated in its entirety as follows: Section 6.6 Common Expense Assessments. Every Lot shall be allocated a Common Expense Assessment. The allocated Common Expense Assessment for each Lot shall be equal to the total Common Expense Budget amount (determined in accordance with Sections 6.5 and 6.7 of the Declaration) multiplied by a fraction the numerator of which shall be 1 and the denominator of which shall be the total number of Lots within the Property. Notwithstanding anything to the contrary contained in the Declaration or this First Amendment, if the need for maintenance or repair of the Offsite Haul Roads or the Common Elements is caused by the negligent act, omission, or misconduct or failure to comply with the Haul Road Route established by the Interim Road Maintenance Agreement and the Improvements Agreement by any Owner or an Occupant of such Owner's Lot or an Owner or Occupant's agents, employees, contractors, subcontractors guests, business invitees or other persons entering the Property at the request of the Owner or Occupant, the cost of such repair and maintenance shall be the personal obligation of such Owner and shall be added to and become a part of the Assessment to which such Owner and such Owner's Lot are subject and shall be a lien against such Owner's Lot as provided in Section 6.12 of the Declaration. 9. Article VI is hereby amended by adding the following Section 635: Section 6.15 Amendment. So long as Peckham Development Corporation is the owner of one or more undeveloped Lots, this Article VI cannot be amended without the consent of Peckham Development Corporation. Thereafter, this Article VI cannot be amended without the consent of the County of Weld, State of Colorado, acting through the Board of County Commissioners. 10. Exhibit A of the Restated Declaration containing the Legal Description of the "Property" shall be and is hereby amended and restated in its entirety as follows: Lots A and B of Recorded Exemption No. 1057-23-2-RECX12-0056, being apart of the W V2 of Section 23, Township 4 North, Range 66 West, of the el P.M., County of Weld, State of Colorado. (The amended legal includes all of the Lots in the Weld County Industrial Park as shown on the Plat and Lot A.) 7 4890-2727-2993.9 4075675 01/14/2015 12:35 PM Page 8 of 9 11. Except as expressly amended or modified herein, all of the terms and provisions of the Restated Declaration are hereby ratified and affirmed by the Declarant. IN WITNESS WHEREOF, the undersigned has executed this First Amendment as of the day and year first set forth above. DECLARANT: PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation STATE OF COLORADO ) COUNTY OF 15) -SS: By; Mark S. Goldstein, The foregoing instrument was acknowledged before me this �j, day of January, 2015, by Mark S. Goldstein. President of PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation,. Witness my hand and official seal. My Commission Expires: a 483D-27272393,9 ANGELA C, GARDNER NOTARY PUBLIC STATE OF COLORADO NOTARY is 1Na4014M MYcow+wesarON EXPIRES 002112015 4075675 01/14/2015 12:35 PM Page 9 of 9 CONSENT OF OWNERS The undersigned, being the owners of 80% or more of the Lots consent to and approve the foregoing amendment in accordance with Section 10.4 of the First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Weld County Industrial Park. PECKHAM DEVELOPMENT CORPORATION, TRITON WATER RESOURCES, LLC, a Colorado corporatio + a Colorado limited liabili _ _•: i f any By: STATE OF COLORADO ) u,)64paelti) ss: COUNTY OF By: 4U -„,s2 Mark S. Goldste er The foregoing instrument was acknowledged before me this day of January, 2015, by Mark S. Goldstein, as President of PECKTAM DEVELOPMENT CORPORATION, a Colorado corporation and as Manager of TRITON WATER RESOURCES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: 9 4830-2727-2993.9 ANGELA C. GARDNER NOTARY PLJBUC STATE OF COLORADO NOTARY ID ¶ 9404$ 9 MY MtssioN CIEs osrZQ2OIG Submit by Email Weld County Referral November 26, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Peckham Development Corporation and Triton Water Resources, LLC Case Number: RES18-0005 Please Reply By: December 24, 2018 Planner: Michael Hall Project: Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) Location: SOUTH AND ADJACENT TO NIOBRARA BLVD; EAST AND ADJACENT TO CR 33 Parcel Number: 105723201002-R6785433 Legal: LOT 2 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. Parcel Number: 105723201001-R6785432 Legal: LOT 1 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. n 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. HDutrow 12/07/2018 Signature Date Agency Zoning Compliance Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral November 26, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Peckham Development Corporation and Triton Water Resources, LLC Case Number: RES18-0005 Please Reply By: December 24, 2018 Planner: Michael Hall Project: Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MlNF12-0001) Location: SOUTH AND ADJACENT TO NIOBRARA BLVD; EAST AND ADJACENT TO CR 33 Parcel Number: 105723201002-R6785433 Legal: LOT 2 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. Parcel Number: 105723201001-R6785432 Legal: LOT 1 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request, Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. O PI 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 '` &9( - Agency Central Wefd County Water District 12/7/18 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Michael Hall From: Kristine Ranslem Sent: Thursday, February 14, 2019 7:46 AM To: Michael Hall Subject: FW: 2/14 Utility Board Meeting fyi From: Jeremy Young <jyoung@fffd.us> Sent: Thursday, February 14, 2019 7:43 AM To: Kristine Ranslem <kranslem@weldgov.com> Subject: RE: 2/14 Utility Board Meeting Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kristine, I will not be able to make it. I did check with Lasalle Fire District and they have no issues with the application as presented. Sorry for the inconvenience. Jeremy A. Young Fire Chief Frederick -Firestone Fire Protection District Office: 720-484-3362 I Cell: 303-877-3255 jyoung@fffd.us I www.fffd.us CONNECT WITH US: https://twitter.com/FFFPD www.facebook.com/FFFPD www.youtube.com/user/FFFireDistrict "Duty, Honor, Compassion" This electronic communication (including attachments) is intended solely for the person or the persons to whom it is addressed and may contain confidential information. If you receive this communication in error, you are prohibited from 1 disseminating or copying this communication (including attachments), please notify the sender that you received this email in error and delete this communication from your system. From: Kristine Ranslem <kranslem@weldgov.com> Sent: Thursday, February 14, 2019 7:29 AM To: carson.ortega@centurylink.com; Evan Pinkham <epinkham@weldgov.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Jeremy Young <jyoung@fffd.us>; jerry.adams@atmosenergy.com; kmuncy@unitedpower.com; leannk@nwcwd.org; lucas.a.mcconnell@xcelenergy.com; mwailes@mdwailes.com; Mike McRoberts <mmcroberts@weldgov.com>; Rob@stsan.com; terry.speer@centurylink.com Subject: 2/14 Utility Board Meeting Importance: High I just wanted to remind everyone of the 10 am Utility Board Meeting today. Please let me know if you have any questions. Thanks! KYGS�GVLC RavLSCC12i Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Submit by Email Weld County Referral November 26, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Peckham Development Corporation and Triton Water Resources, LLC Case Number: RES18-0005 Please Reply By; December 24, 2018 Planner: Michael Hall Project: Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) Location; SOUTH AND ADJACENT TO NIOBRARA BLVD; EAST AND ADJACENT TO CR 33 Parcel Number: 105723201002-R6785433 Legal: LOT 2 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. Parcel Number: 105723201001-R6785432 Legal: LOT 1 WELD COUNTY INDUSTRIAL PARK, PART OF SECTION 23, T4N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. D 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 Doug Moss CFO -COO 11-26-2018 Date Weld County School District RE -1 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Michael Hall, Planning Services FROM: Evan Pinkham, Public Works DATE: December 21, 2018 SUBJECT: RES18-0005 Peckham 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 GENERAL PROJECT INFORMATION/LOCATION Project description: Resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12-0001) This project is south of CR 44 and is east of and adjacent to CR 33. Parcel number 105723201001. Access is from CR 33. ACCESS Weld County Public Works has reviewed the application materials related to access, and access will be from CR 33 and CR 44 via Niobrara Blvd. 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. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 33 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. 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 that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article 4, 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 weldciov.comidegartments/publicworks/germits/. 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. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Existing Drainage Report and Detention Pond: Please submit a drainage narrative stamped and signed by a Colorado Licensed Professional Engineer indicating the existing detention pond can handle the increased imperviousness or update the Drainage Report and drainage design to accommodate the increase in imperviousness. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. MS4 This site is not in a defined Municipal Separate Storm Sewer System (M54) area which is a more urbanized area with state mandated, higher water quality requirements CONDITIONS OF APPROVAL A. The plan shall be amended to delineate the following: 1. County Road 33 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the drainage flow arrows. (Department of Public Works) 3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 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. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. 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) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall From: Lauren Light, Environmental Health Services Date: December 3, 2018 Re: RES18-0005 Environmental Health Services has reviewed this proposal requesting a resubdivision to amend the lot lines between Lots 1 and 2 of the Weld County Industrial Park (MINF12- 0001). Central Weld Water District will provide water and on -site wastewater treatment systems (OWTS) will provide sewer services when required. We recommend the following appear as notes on the resubdivision plat: 1. Water service may be obtained from Central Weld County Water District. 2. The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Activity or use on the surface of the ground over any part of the on -site wastewater treatment system must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Health Administration Vital Records Icic: 9/U 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 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 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health COLORADO Division of Water Resources =:epa i er2t of Natural Resources December 3, 2018 Michael Hall Weld County Department of Building and Planning Services Transmitted via email: mhall@weldgov.com RE: Peckham Development Corporation and Triton Water Resources, LLC Case no. RES18-0005 Part of NW V4 Sec. 23, T4N, R66W, 6th P.M. Lots 1 and 2, Weld County Industrial Park Water Division 1, Water District 2 Dear Mr. Hall, 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 a lot line adjustment between Lots 1 and 2 of the Weld County Industrial Park. This office reviewed the minor subdivision application (Case No. MINK12-0001) by our letter dated August 8, 2012, that created eight industrial lots included the lots that are subject to this referral. The proposed water supply for the two lots is a water tap with Central Weld County Water District ("District"). Two letters from the District (one for each lot), dated July 24, 2018, were provided. According to those letters, water service can be made available provided all requirements of the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are satisfied. We do not know if the applicant has met these other requirements. This office has no objection to the proposal. If you, or the applicant, have any questions please contact loana Comaniciu of this office at 303-866-3581 x8246. Sincerity, Joanr(a Williams, P.E. 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BA5E0 UPOi� ANY DEFECT IN 1'HIS S�iRVEY Wt�11h THRE� YEARS AFTER Yt3U � y FlRST D#SCOV�RED Sl3CH DEFECT. IN NO EVE�fT MAY ANY ACT1flN BAS£[} UPON ANY D�F�C'f BE COMM��tCED MORf T�#AN TEN YEARS FROM �'HE aATE P . � . Bi C) � � '� � � S U Lt� N t� �# C) N T, C �} � t�.35 � 4 �ANG� 6 � �YEST , f�'�'H P . M � ,� �8 +C� 7 � �1 � Nl S 3 �, +3F CEiiTEFECATION s�awry � ��o�. �' H : 97 !�1 � 535 — � 3 � 8 I aATE : 12 � 3 � 3 F �3 R T C O� �L I N� � , C � $ C) � � "� � � S H E E T 2 0 � 2 � � Beir� g a � eplat of Lot 1 a �nd L � � 2 � f � he Weld C � unty Industrial P � r � MinQr S � bdivisic� n Si � ua �e in � 'lhe West Half af Section 23 , Township 4 Nort � , Range 6 �61Nest of the � th P . M . , County of Wel �d , State of Co � c� rada CERTIFICATE OF DEDICATION , OWNEF2SHIP AND MAINTENANCE : WEL� COUNTY PLAT NOTES : NORTHwEST coRNER SECTION 23 , T.4N ., R.66W. FOUN � #6 REBAR WITH 2. 5 " Know all men by those present that PEGKHAM DEVELOPMENT CORPORATION , a Golorado Corporation and TRITON RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources , a �uMiNUM caP �s 34� �6 WATER RESOURCES LLC , a Colorado limited liability company, being the owners , Mortgagee or Lien Holder of certain including , but not limited to , sand and gravel , oil , natural gas , and coal . Under title 34 of the Colorado Revised lands in Weld County , Colorado , described as follows : 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 ` Lots One ( 1 ) and Two (2 ) of Weld County Industrial Park MINF12 — O �a1 as recorded on January 1Q , 2 � 14 at deposits should be extracted according to a rational plan , calculated to avoid waste of such deposits and cause the I I � � Reception No . 3989177 within the records of the Weld County Clerk and Recorder, being a portion of the West Half least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state . � I CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH LOT� , i (W1 �2) of Section Twenty— three (23 ) , Township Four North (T. 4N _ ) , Range Slxty — six West ( R . 66W _ ) of the Sixth � C1 267 . 10' 1216 . 38 ' 12 °34' 53 " N 83 °04' 18 " E 266 . 56 ' xhc.ri^-rxzs6 � � �ni�r,� �',�r.r,� Principal Meridian ( 6th P . M . � , County of Weld , State of Colorado Mineral resource locations are widespread throughout the County and persons moving into these areas must I recognize the various impacts associated with this development . Often times , mineral resource sites are fixed to O7'�°T�� WCLD LYJTbI'TY � containing 16 . 90 Acres , more or less , have by these presents laid out, platted and subdivided the same into lots , their geographlcal and geophysical locations . Moreover, these resources are protected property rights and mineral JhDII,STRIALP� Rh� — as shown on thls plat , under the name and style of WELD COUNTY INDUSTRIAL PARK SEGQND FILING and do hereby owners should be afforded the opportunity to extract the mineral resources . � � r��t�fP�3�7i � - - dedicate to the public , school district , owners and future owners of thls minor subdivision all ways , public I � � � — � rlghts — of — way, easements , parks and open space , and other publlc rights — of — way and easements for purposes WELD COUNTY ' 5 RIGHT TO FARM 5TATEMENT : Weld County is one of the most productive agricultural counties in the — � — - - - - - - - - - � — � shown hereon . United States , typically ranking in the top ten counties in the country in total market value af agrlcultural products I ' I ' NIOBl4ARABDULETjARD so ' sold . The rural areas of Weld County may be open and spacious , but they are lntensively used for agriculturee ' � In witness whereof , we have hereunto set our hands and seals this the day of , 20 Persons moving into a rural area must recognlze and accept there are drawbacks , including conflicts with I , „ , Cl c� � � long — standing agricultural practices and a lower level of services than in town . Along with the drawbacks come the N 89 21 44 E 521 . 94 � OWNER : Peckham Development Corporation , a Colorado Corporation incentives which attract urban dwellers to relocate to rural areas : open views , spaciousness , wildlife , lack of clty , � 2� . 05' � � 30. 00' 470. 89 � noise and congestion , and the rural atmosphere and way of life . Without neighboring farms , those features which ` `� 50' r attract urban dwellers to rural Weld County wauld qulckly be gone farever. I o I o — I o � — � �� _ _ _ � � I �� Agricultural users of the land should not be expected to change their long — established agricultural practices to _ _ _ _ _ � — By : Mark Goldstein As : President accommadate the intrusions of urban users into a rural area . Well — run agricultural activities wlll generate off — site I � / I \ dust from animal I I ` 1D0 ' RIGHT— OF— WAY PER � � ` � impacts , including noise from tractors and equipment; slow — moving farm vehicles on rural roads ; I FouNo #s REBaR wiTH � . d' � � � pens , field work, harvest and gravel roads ; odor from animal confinement , silage and manure ; smoke from ditch rE ��ow P �asTic caP �s 2430� I I RECEPTION No . 3989177 & � I � � NOTARIAL CERTIFICATE burning ; flles and mosquitoes ; hunting and trapping activities ; shooting sports , legal hazing of nuisance wildlife ; and I , RECEPTION No . 3953812 � the use of pesticides and fertilizers in the fields , including the use of aerial spraying . It ls common practice for 60 COUNTY ROAD � � � \ STATE OF ) agricultural producers to utilize an accumulation of agricultural machinery and supplies to asslst in their agricultural RIGHT— OF— WAY �� 20 ' UT/L/TY c� OR,4//t/,4GE EASEti/f/VT � ) SS operations . A concentration of miscellaneous agricultural materials often produces a visual disparity between rural 30 ' 30' I I I , " � ,� , 1 COUNTY OF } and urban areas of the County . Section 35 - 3 . 5 - 102 , C . R . Se , provides that an agricultural operation shall not be I � I I I found to be a public or pnvate nuisance if the agricultural operation alleged to be a nuisance employs methods or \ 2D ' UT/L/TY c� Df�.4//V,4GE E,4SEMENT � 10 ' � ractices that are commonl or reasonabl associated with a ricultural roductlon . .30 ' UT/L/TY &• Of�,4//l/,4GE EASE/u/E/l/T , The foregoing lnstrument was acknowledged before me by , as of p y Y g P � � � � �O � � � � , this day of , 20 Water has been , and continues to be , the lifeline for the agricultural community . It is unrealistic to assume that � � � �0 ' � � � � � dltches and reservoirs may simply be maved '�out of the way" of residential development . When moving to the A � � � � I � My commission expires County , property owners and residents must realize they cannot take water from irrigation ditches , lakes or other � � � � I I ` I � structures , unless they have an adjudicated right to the water. � � � 1 I I` ' \ � V � � 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 � � I � � � � � LOT1' � ` � , ' / Notary Publlc of municipalities . The sheer magnitude of the area to be served stretches avallable resources . Law enforcement is � I \ � 7.85Aeres � I � based on responses to complaints more than on patrols of the County, and the distances which must be traveled � � \ \ � � \ � I � may delay all emergency responses , including law enforcement , ambulance and fire . Fire protection is usually � Z 1 J ` � � � � � � I / In witness whereof , we have hereunto set our hands and seals this the day of , 20 provided by volunteers who must leave their jobs and families to respond to emergencies . County gravel roads , no m � � � � ' v� � � / matter how often they are bladed , will not provide the same kind of surface expected from a paved road . Snow � � � I o � � / OWNER : Triton Water Resources LLC , a Colorado limited liability corporation removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major 0 � O � � \ � I a � I I � snowstorm _ Services in rural areas , in many cases , wlll not be equivalent to municipal services . Rural dwellers must , [+ � N � � � � � � � � � � _ � � � � by necessity , be more self — sufficient than urban dwellers . �y � W � � �, I ctr,��rzd wel�i `C cn = � �� A V � >50 ' !?/ELL HEAD S�T6.4Cfr I People are exposed to d 'rfferent hazards in the County than in an urban or suburban setting . Farm equipment and c.��.,1ry ,�"�,, o � \ � I rn ` I By : Jeffery M . Donaldson As : Manager oll field equipment , ponds and irrigation ditches , electrical power for pumps and center pivot operations , high — speed O� o � � � � � � � I trafflc , sand burs , puncture vines , territorial farm dogs and Ilvestock and open burning present real threatse � � I � � � I I LaT;, Controlling children ' s activities is important , not only for their safety, but also for the protection of the farmer' s ;,`, N � I � � II � � w�zDmU��'TY NOTARIAL CERTIFICATE livelihood . "�' - � \ � J � C,d � I I I ITDU,STRIAL PARd' � (A'r�r tr Pai7J � r� Op � � � � � � � � 9.05 Acves � � STATE OF r � � � O � � � � � � � � � � V I I � G� COUNTY OF } w � I I \ � A FDUND {/5 REBAR WITH 1 . 0" � The fOregOing 1nStrUment WaS aCknOWledged befOre me by , aS Of � FOUN � #5 REBAR WITH 1 .0" \ � I I YELLOW PLASTIC CAP LS 24307 I � YELLOW PLASTIC CAP LS 24307 � � � , this day of , 20 � . — .— \ \ - - - - � � � � �I r*7 My commission expires : �� A � � � 50 ' P/PEL//1/ER/Gh'T— OF— GU,41' EASE/u/ENT � � � DEL//l/EATEO P�i4 f�ECEPT/O/l/ /1/0. .3989777 &° � � � � � � � GR,4/VTED //V RECEPT/O/V /I/o. 39�3758 � � � � Notary Publlc I I � � � � � � � � \ � N � � � � � � � � � In witness whereof , we have hereunto set our hands and seals this the day of , 20 I I � I � � � � � � � a FDUN � #.5 f2EBAR WITH 1 . 0" � � � � �� YELLOW PLASTIC CAP LS 24307 � � � � � � � � I ( ALNORT�HUO�F ACCEP#EDR #SAREBAR} I I \ \ I I I I � � I I CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES — ADMINISTRATIVE REVIEW : I FOL ow #P �asBic�caP �s �430� 20 � UT/L /TY c� 0�4.4/N.4GE EASEM£NT �� I I \ � \ � � I This plat is accepted and approved by the � epartment of Planning Services for filing . � � � , I � � \ � � 30 . Q0' � � - - - - - - � 47209' � � - - � - \ \ I Witness my hand and the corporate seal of Weld County this day of A . D . , 20 I — , — ` \ \ \ \ � �I � _ _ _ s ss �z1 �44�� W 5a2 . D9 ' - � >o ° i � � � ` � � I �� Director, Deparkment of Planning Services � � �I � � � � , r` '� '` :. I \ \ � . �v i o +�� , a .: - n I � � I I i � v � v ,� � . State of Colorado ) Ei � : �� '�<� �• ; � � V I � � ss . '� � � � u �� Z � � V � � \ . County of Weld ) � ' a �` � I � �� p \ � A � � w � ` �''' WEST QUARTER CORNER � � O I '� I \ � " I , �-+ a �'; SECTION 23, T.4N. , R.66W. W I � The foregoing certlfication was acknowledged before me this day of A. D . , 2D ' , .:_ ` ,/f° � � FOUND #6 REaAR WITH 2. 5" pp � � �� ' ,!;� � ILLEGBLE AWMINUM CAP � � II I I � \ My commisslon expires . ,:t "' - ' ; �' • I p� — � — — I �— � �,- � � ��,;� . r ��. � — — — � — = �� I \ \ 5 . w t > . �, � - � � Witness My Hand and Seal . - :. � ` ` ' � ' ` ` OUTLOT.-0, A V � /` , � W�ZD COU.VTI " � I � � HIGHWAY25F ;'{ ;i I L�v[sTRLitP..ifzK (�.� II \ \ . ,/ . � l-6i�1 .�r P.�r.1/ � � � \ � ` " {COUNI�YIZ0,4U �F4} ; . - � I] � A . . • � , � � �. T. r sr � . q Notary Public . n �_ . • _�-�.. . �' ' r ' . ; .._�__ ._ _..__— ' ___� • - � , • I � O � �� .. � - � � � _ -_ � � �, � . . . > � • ` � ] • h tl I �"._ �" i iV, ' � � I � I I \ \ / � . � , 1 �ek � �� 20 ` UT/L/TY c� � I� � r� �/ r� � I � I � / � I I Df�,4/N,4GE E,4SEi✓1ENT I I / - , �� LOT.4. R5- 3J�FJ `° I � � ; , ; . I.�'i�r �rP=uxJ I FOUND #5 REBAR WITH 1 . 0" ' SURVEYOR � S STATEMENT � ,' �T ' I � FOUND #5 REBAR WITH 1 . �" YELLOW PLASTIC CAP LS 24307 � � / , „ � � ;+ II YELLOW PLASTIC CAP LS 24367 � , > > - - - � . � . _ I I I ` � � , , , » . i r f . ' , , , � < < I , Jason S . Allee , a Colorado Llcensed Professional Land Surveyor , do hereby state that the survey represented by • � � - - - - � � this plat was made under my personal supervision and checking . I further state that the survey and this plat > '°�� I � complies wlth all applicable rules , regulations , and laws of the State of Colorado , State Board of Reglstration for ,�, ; , wti'e� � �,�' M; - � � I � g8�i5 '53 ° E 5o2i3' S �7 � � �' 03" �Jlf 3$ � . 2 $� Professional Engineers and Professional Land Surveyors , and Weld County . � " �" f ,, , n �:'' , � � � � O ' �� ,, � PR0JECT � 0CATI � N � � LOTo, Rz�rxico�r� � . .�� ./� � � ,��1'nr��Y 7/.S2 - (A�t a T�I�j a ��`'' ��` � a . Jason S . Allee — On behalf of Lat40 , Inc . �,•' v � Colorado Licensed Professional . ' `` � - ` ' ` [� A � n f � Land Surveyor Noe 38479 �� ; :, � -: ' . � . _. . - � • � ' . . . _ � .. ; _ __ . . ._ , ; . ° COUN`IYIZDAU42 SOUTHWEST CORNER BASIS OF BEARINGS AND LINEAL UNIT DEFINITION � � � f � �� sECTioN 2a, T. aN ., R. ssw. �� 4��` FOUND #6 REBAR WITH 3. 25" ` G ALUMINUM CAP LS 38348 Assuming the West line of the Northwest Quarter of Section 23 , T. 4N . , R . 66W . , as bearing South DO° 32 ' 13 " East, � � WQiE . iN MONUMENT eox being a Grld Bearing of the Colorado State Plane Coordinate 5ystem , North Zone , North American Datum 1983 , a ' ' `' ' ' . 0 80 160 240 %f u ] distance of 2643 . 43 feet with all other bearings contained herein relative thereto . F � � • , �, ,;: �7 "�` ` �m � .� � . ��V ff} Q9C .. I � / ) ° • r � The lineal dimensions as contained herein are based upon the "UeS . Survey Foote " �� :' � � " ' l� .! 4 �` ? • - � ' • ' SCALE - 1 " = 8 � ' �. :' . �I` , ... t-.. ., , , ;� - � av �� , s ' " .� . .. . � . ' , � . i' • T .�� A�� ATE : FILE NAME : � RAWN BY: CHECKE� BY: SCALE: PROJECT #: TITLE COMMITMENT NOTE v L ° 6 /15 /2018 2a18108SU6 JSA BR 1 " = gp ' 2a18108 5 �ALE - , ��- z000 � L a t 4 Q , I n c . This survey does not constitute a title search by Lat4D , Inc . to determine ownership or easements of record . For all • P r � f e � S � � n a I � a n � J u r Ue y0 r S REVISIONS: DATE : l � l information regarding easements , rights — of — way and title of records , Lat40 , Inc . relied upon Title Commltment Order NOTICE VV � I P 1 AM M N F 1 S - 12 — � � 1 Number FCC25158334 , having an effective date of May 24 , 201 S at 5 : Q0 P . M . as prepared by Old Republic National � 2 � 0 � 1 0 t h � t r e e � lJ n I � � Title Insurance Company to delineate the aforesaid information . According to Colorado law , you must commence any legal action based upon any defect in this , 9 survey within three years after you discover such defect. In no event may any actlon based upon FOR any defe�t � � th � s Su ��ey be � ommen � ed more tha � ten years after the date of the �ert �f��ate Greeley , CO 80634 PECKHAM DEVELOPMENT CORPORATION Shown hereon . ( � 3 - 80 — � 0 � � eRes . } � o g7 � �j1 �j 5294 2850 MCCLELLAND DR , SUITE 2400 FORT COLLINS , COLORADO 80525 5HEET � OF � CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Triton Water The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972, Legal Description: Lot 1, Weld County Industrial Park MINF12-0001, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. I088783, Book 1277 Reception No. 1511442 Reception No. 1523524 Reception No. 1812867 Reception No. 1929764 Reception No. 2256722 Reception No. 2323133 Reception No. 2324213 Reception No. 3466592 Reception No. 3481387 Reception No. 3667225 Reception No. 3805590 Reception No. 3868019 Reception No. 3905286 Reception No. 3989177 Reception No. 3925584 Reception No. 3989473 Reception No. 3989474 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to he construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 20' day of September, 2018 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY 1--Ieidi`Crue, Title Examiner AUG 1950 a12'7.) U qq 3 arrtlh' ° Recorded__., r 83 _-- at -_ .t<-._ o'clock .-- M. d TN l€ f - i "1-��3l C7� �iAa€dY r PO L.i4 Reception No. ___.-.-----------•--..---. _ .—__-., Recorder. ' k. .11. Made this 15th day of August in the year of our Lord one thousand nine hundred and f if ty between - - D. N. L03 NZ also known. as' DANIE'L-N: LOFiENZz ---- — of the County of Weld and State of Colorado, of the first part, and D. N. LORENZ and BERTHA C. LORENZ of the County of Weld and•State of Colorado, of the second part: .-. WITNESSETH: That the said party of the first part, for and in consideration of the sum of other valuable consideration and Ten - DOLLARS, to the said party of the first part in band paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, lnt3 granted, bargained, sold and conveyed, and by these presents doe S grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in convnon hut in joint tenancy, the survivor of them, their assign and the heirs and assigns of such survivor forever, all the fol- lowing described lot S or parcel S of land, situate, lying and being in the Co€€nty of Weld and State of Colorado, to -wit: The Northwest Quarter (Nta) of Section Twenty-three (23), Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, together with 18 shares of the capital stock of The Western Mutual Ditch Company, the irrigation pump, well, motor and all attach- ments and appurtenances thereto, and any and all rights of way for ditches used for the purpose of irrigating said land; excepting all t`nat part of the, above described property lying north and west of the .oast line of the Union Pacific Railroad Company right of way; Also, excepting a parcel of land comprising about two acres located in the northeast corner of the northwest quarter of said Section 23, the boundaries of which are more particularly described in the release of mortgage recorded in Book 956, page 365, of the Weld County Records. Also conveying hereby a parcel of land comprising about two acres located in the northwest corner of the SW4 of Section 23, Township 4 North, Range 66 West of the 6th P.M, in Weld County, Colorado, on which are located the improvements that belong to the NWk of said Section 23 and which parcel of ground is more particularly described as follows, to --wit: Eeginning at the northwest corner of the S4W;I of said Section 23; thence South 236 feet; thence East parallel with the north line of said section 474 feet; thence North 236 feet; thence West 474 feet, more or less, to the place of beginning. Also hereby conve-ying the North Half (NA-,) of Section Twenty-eight (28), Township Three (3) North, Range Sixty-five (65) West of the Sixth Principal Meridian. Also conveying all that part of the East Half (E•2) of the Southeast Quarter (SEW) of Section Twenty-two (22), Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian described as follows: Beginning at the southeast corner of said Section 22; thence West 1188 feet; thence North 2640 feet; to the north lino of said SEA of Section 22; thence East 1188 feet; thence South 2640 feet to the place of beginning, together with an undivided one-half interest in a reservoir located in the W'l of the SE of said Section 22; Also hereby conveying the West Half (w-) of the Northwest Quarter (NW}) of Section Fifteen (15), Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, together with 8 shares of the capital stock .of The Western Mutual Ditc_rzCompany. ,. . • SKLD, Inc. LG SKL13209 WE 1088783-1950.001 SGrt`N`I 11 B001(.14 (1 YAG'E` •,1 (Actual consideration le as than $100.00) TOGETHER with all and singular the hcredi€aments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder anti remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or, equity, of, in and to the above bargained premises, with the hereditaurenls and appurtenances. TO HAVE AND TO HOLD ills said premises above bargained and descr'ibrd, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said part y of the first part, for O1111 set f ,h i She€rs executors, and administrators, do e s covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivering of these presents, he 1S well sciced of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha8 good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and iucmnhrancea of whatever kind or nature soever: subject to any and all unpaid taxos and encumbrances; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of then:, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or €n cisist the whole or any part thereof, the said part- y of the first part sha€€ and will WARRANT AND FOREVER DEFEND. IN AV1'1'N SS WHEREOF, the said party of the first part ha 3 hereunto set iiis hand and seal the day and year brat above written. Signed, Sealed and 1)efivcrrd in Ilse Presence of D. i__.Lo'onz a Daniel PI. Lorenz (SEAL) as (SEAL) (SEAL) STATE p1- COLORADO, i r, ss. 1'he foregoing instrument was acknowledged before no: this .............................day of C4ttitty.of Weld. 4e. it '' as Danic�.1...N . Lo.re.nz Augu;i......_......._._., 19.5Q, by..D..,.... [...._. Lorenz _.a],so.known Witness My Hand and Official Seal My Commission Expires .. _O ................... 195 3 i.a.....,/._. No ry Public. WARRANTY DEED —To joint Tenants —McVey Printery, Greeley, Colorado. SKLD, Inc. LG SKL13209 WE 1088783-1950.002 STATE OF COLORADO, COUNTY OF WELD. )se. Weld egoa 589 Recorded at an P N. _jai m. Reception No, 151144 'SHWA" , Recorder. • 1—/ ` K14OW ALL MEN BY THESE PRESENTS, That i FRED LORENZ and MARY E. LORENZ I bathe Gountyof ' Weld , andSteteof Colorado, gi.for the consideration of - - OTHER VALUABLE CONSIDERATIONS AND TEN-E)ollara, in hand paid hereby sell and convey to RUSSELL L. MOSIF`. and KATHRYN E. HOSIER , ; Joint Tenants of the County of Weld , and State of Colorado, v4the following real property, situate in the County of itsand State of Colorado, to -wit: .-t &s+ The Southwest Quarter (S1) of Section Twenty-three (23), Township Pour (4) North, Range 66 West of the 6th P.M., together ar with one (1) share of the capital stock of the Platte Valley Irriga- ettion Company; irrigation well, pump, motor and appurtenances thereto, "'t together with all other water, water rights, ditches and ditch rights- . of -way appurtenant thereto. EXCEPTING therefrom a parcel of land located in the NW corner of the SWk of said Section 23, comprising about 2 acres, more or less, de- scribed as follows: sit Beginning at the NW corner of the SWk of said Section 23, thence 4iSouth•236 feet, thence East parallel with the North line of said section u74 feet, thence North 236 feet, thence West 474 feet, more or less, to the place of beginning. ALSO EXCEPTING that portion of the !Idk of said property lying e' ha north and west of the East line of the right-of-way of the Union Pacific Railroad Company, oQ x with all its appurtenances, and warrant the title to the same, subject to reservations U.S. contained in Patent, right-of-way of the Union Pacific Railroad Com- pany; reservat ons 4nd ce do s contained in.deede contained in Book 233, pages 71 and 257, or said records• inclusion within the Northern Colorado Water Conservancy District, the Platte Valley Soil Conservation District, and the LaSalle Fire Protectin: District; the right of the owner of im- provements located in the NW corner of the SWk of said Section 23, to useir water from said irrigation well for the purpose of irrigating the lawn surrounding the said improvements as contained in Warranty Deed recorded in Book 1408, page 243, of the Weld County Records. Signed and delivered this i- day of January , A. D. 19 67. O AL) r' as (SEAL) ens (SEAL) • •• The foregoing instrument was acknowledged before me this 7 day of January, A , 19 67 , by* FRED LORENZ and MARY E. LORENZ. UER1 m.yofficial hand and seal. /F7 L/ !2 '. fy Ccire. 't� pn expires v `v3ARY 4f by.na`t1jAli person or persons herein insert name or names; if by persons acting it d eentativeor official capacity or ae attorney -in -fact, then insert name of personas executor, attorney -in fact or other capacity or description; if by officer of corporation, then insert name of such office or officers, as the president or other officers of such corporation, naming it. -- STATUTORY ACKNOWLEDGMENT, SESSION 1427. AO C a -04-1;vg, WARRANTY DEED -- Statutory Form Notary Public. co SKLD, Inc. SKL132O9 WE 1511442-1968.002 ':) STATE Or COLORADO WIW 0,14 CI Of TIt teem. . P1IW a VEAL CERTIFIED QlIFT OF DEAAI'CORO • IM OMR, TIM.NLMurR.Hm 4 . Qlrrsl#! L flRLrM __ w lMMyAR/r ow rho ou \AIlP� m1.r 0111 • 4. IMATMSAMR.IIT iruot 1AM D Irre H. MA • COLPIM MAW MILO LK'EI/AT1011 Airier and FeedsPAPAWS MAIM �61t1p Tn.*.oYe �rLts AY.0 IN k • A.Mm. POMP I. 1m- 4.IIAm.T Iw. T1. IN► 46 A.MRAS 'wrioN0I+1M.w.w.rwl.4g53L-54-22•.� lion Me WNW AliALIMILO I. 140. .3001408%001010 a ■T1LLmtT • IS Ys 0 1D RA►M IPLMIlL WV AHMN IPSO 040 i '16.-Amtl000Y OIOL woo 0 M. N.~1p min No... 0 • DAMN 11SMi ..rrl 0 TSB a T MI, Rim AP les P ROANW 141. SIx1PLAs IL I.N114 •l MANION IIAAS t.. c*t T M DEATH flCer Y f Allct� MT WIMNMMtLLle 044 G1 Jle CIH14I OWT.MAIrRYr MIA sumo) Senility ▪ TITIMI Amy mum 00. Rimy, IAl Arteriosclerotic Inert flt...■+ �. _ lOulT N. N.RI1.I�r.E.1r SI•004. ,.I. .NA y0000Rrl AN .il.� toff 101 SOWN PIPIT NOW WAIxY REARWARD. Tm4w MPITI .wU OK W. TIM Or Nw. Mira. MW, ray N AIL., 01• �N' ^�' CHATTY STATl emlW "MAY OTNMIm pA MAO M 1N111AT~ I ISA Cm'. TOW. 011 LAWT1ON RAT NOT ARA Ik WORM O ►1 WO1R a -------2"4-47 ,1. 10-ri-6R .wwwrag IA.+I. 1A14•Ib�- II, iW1+l ld 01 Mh+r! N1140 ---....I• iW MARI SW, re1MIM W. Y MS tw1/WI,f. de ow1144. p,y/....vlAM 1 Of 1110. N4114. R6• ata.I.Nm t1. maw low.. r1 x41 0 .M .MW..�P.tNMyL L► RATAOree .Colorado -9-6A TSR=MLLOIY Cl 0NM/ATM11 110 IMAMS Surd I Oct. 11 19681 Do MALinn Grove . �MteTS n r��11O.AN�o____., Y.tN . e "/TINS' October I C; AT Iry T1.AT 1 HOLD THE OPPICL Or LOCAL RLGILTNAA or VITAL STATISTICS INTlbeld County IINr4RM►TIONNALTArOATNS■.OVLOWAS ACOA0LCTLVE DEATH L COPIED CORDSFN0MM MY01[60x0 Or0DEATH IN MY OrwME REPT IV ICL or CL AND THAT 0 N WI TREAD NY HAND A440 UAL Or LOCAL RLOI ,*.TN111lryµ a`**.'; ITe4sti ON rNla _MIL'. DAY or OCtehetr • ID.�B iiis• ••my-wAI.Io WITHOUTCAift4i STRAP IS ,A 05 1 .0[AL LOCAL I±T 01.01*x or 11rTIL 9',wrist 101 ..I ... ~ TILL MP. -- 01 Sr A 1 O T .to. ?YA a e' 0 • `ee COLORADO SEW DEPAA1M0NT of (MALIC MC ALT*. AD R5 16e (S-66.100) 1 0OL00000 SKIM, Inc. SKL13209 WE 1523524-1968.001 ta• X891 Rtaordcd at /d Pare. N. 1812807 M..Qhr,c...g.71979 y ' le4At d4Lf w fl N Sint° of Coloralo, Wow Costnty Clark 0 Roeerder CO -PERSONAL REPRESENTATIVESI DEED THIS DEED is made by PAUL C. LORENZ and IVAN L. LORENZ, as Co - Personal Representatives of the Estate of Bertha C. Lorenz, Deceased, Grantors, to KEVIN W. SCHMIDT, DARWIN R. SCHMIDT and ROY A. SCHMIDT, as tenants in common, whose address is clo 19256 Weld County Road 37, LaSalle, Colorado 80645, Grantees. rr. 0 a WHEREAS, the above -named decedent in her lifetime made and executed her Last Will and Testament dated May 25, 1978, which Will was duly ad- o mitted to informal probate on March 23, 1979, by the District Court in and for the County of Weld and State of Colorado, Probate No. 79 PR 68; and n to WHEREAS, Grantors were duly appointed Co -Personal Representatives fa ., of said Estate on March 23, 1979, and are now qualified and acting in za said capacity; a NOW, THEREFORE, pursuant to the power conferred upon Grantors by iv CRS 173, 15-1-803 of the Colorado Probate Code, and for the coneidera- f:1 tion of other good and valuable consideration and TEN AND NO/100 Dollars,;, ca Grantors sell and convey to Grantees as tenants in, common the following LE; real property in Weld County, Colorado: The Northwest Quarter (NW1/4) of Section Twenty-three (23), Township Four (4) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, excepting that portion in the Northwest corner thereof lying North and West of the East line of the right of way of the Union Pacific Railway Company, as the same now ex- ists over and across said land; excepting also that land covered, occupied and used by that certain reservoir commonly known as Great Bend Reservoir No. 5; Also parcel of land in the Southwest Quarter (SW1/4) of Section Twenty-three (23), Township Four (4) North, Range cn Sixty-six (66) West of the 6th N.M., Weld County, P. Colorado, more particularly described as follows: Be- �, ginning at the Northwest Corner of the Southwest Quarter of said Section 23, thence South 236', thence Fast pa- rallel with the North line of said Section 4741, thence W North 236', thence West 474', more or less, to the place of beginning, except parcel as conveyed by deed recorded Hm in Book 956, Page 367, Weld County Records, and except coal reservations contained in deed recorded in Book 201, Page 430, Weld County Records; TOGETHER with 18 shares of Western Mutual Ditch Co. and Well No. 1 decreed July 1953 for 2.89 cfs to Bertha C. Lorenz in W-544; RESERVING unto Grantors all oil, gas and minerals and mineral rights, together with full right of ingress and egress to drill and mine the name and the right to use so much of the surface of said premises as is reasonably necessary to produce and remove such oil, gas and other minerals, with all appurtenances, subject to U.S. Patent recorded in Book 153 at Page 463, Weld County Records, reservation of coal by deed recorded in Book 201 at Page 430, Weld County Records, railroad right of way by deed recorded in Book 201 at Page 430, Weld County Records, reservation of lands by instrument recorded in Book 950 at Page 367, Weld County Records, road rights of way by instrument recorded in Book 86 at Page 273, Weld County Records, rights of way for ditches, right of way for pipeline by instrument recorded in Book 748 under Reception No. 1669973, Weld County Records, oil and gas lease recorded in Book 683 under Reception No. 1605493, Weld County Records. SKLD, Inc. SKL13209 WE 1812867-1979.001 '3°°4.891 1812867 cla To induce any person at any time hereafter to acquire an interest in, or to insure the title to, the above -described property, Grantors, by the execution of this deed, and the Grantees by the acceptance and recording of it, each represent and declare that the Grantees are not Grantors, spouse, agent or attorney, or corporation or trust in which Grantors have a beneficial interest; and that this deed ie not part of a transaction which is affected by a conflict of interest on the part of the co -personal representatives. Executed Dece,n.id,r 0p'u Iq•tu Paul C. Lorenz .) van L. � Lorenz Co -Personal Representatives of the Estate of Bertha C. Lorenz, Deceased STATE OF COLORADO„ ) COUNTY Or WELD ) ss. The foregoing instrument was acknowledged before me this day of December, 1979, by Paul C. Lorenz as one of the Co -Personal. Representatives of the Estate of Bertha C. Lorenz, Deceased. ,A r..itfrO,,riess my hand and official seal. 3 ‘.1; 4.�ommiesion expires %- "0'4 lrf OF C' STATE OF COLORADO ) COUNTY Or LA PLATA ) ss. BLtC TF,e foregoing instrument was acknowledged before me this • da;;).i'.agember, 1979, by Ivan L. Lorenz as one of the Co -Persona preaentatIves of the Estate of Bertha C. Lorenz, Deceased. Wi5tnesg my hand and official seal. my Coienission expires {� C.,II 11i� 17kl l e 1/474k I :! 41-,C,4.4. FRIARY PUBLIC SKID, Inc. SKL13209 WE 1812867-1979.002 AFi19297bq I ,,1. ..7 v • F'F l T.LfL 414 ., ri.,I r ,,FFN f f Ifi f•,' 11 1U F.,. A F.F r (If.f+F F. I,1F I I> it r f! r JµU! �► RECORDED EXEMPTION N° 1057 -23 -2 -RE 500 /4• /¢ P a 4' rS• "Or e�.$)+4rF• O% c -114f AA's/ 4i*,+. ,✓ %f tsr r rt Sr1► 4 Al fI FY” rl4.C lrriarriiiyMa,A4-rowA{ 7M/r /4rAriOdf ,zOT :4 " 7. e- t.F`<rrs do it wist es,1,-)4 rrtr,.fc� 4, "q04;!N. �, v. 1_8w il 20. V\ ▪ • it — Jrt At �Q 7- B /JOr cfC,i /V14/4 4 1 • „oi7 A.y/ • /Oily Y / w►.f p/IrNarA'S R A. , R it'e.r/,, /r! Sc/iinflf n.c4/*,�./e SdGf� ,Y Z3 FREESE ENGINEERING e3-41 SKLD, Inc. SKL13209 WE 1929764-1983.001 8 0999 k [ 01 s'29764 06/ 9 f' 14' 1 7 (� RECORDED EXEMPTION N° 1O57 -23 -2 -RE. 600 LEGAL DESCRIPTION All of the Northwest Quarter lying South and East of the Union Pacific Railroad, Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado EXCEPT: Part of the Northeast Quarter of the Northwest Quarter of said Section 23, Beginning at the Northeast Corner of the Northwest Quarter South to ditch, thence West 203 feet, Thence North to the Section Line, Thence East to the Point of Beginning. Sand--described-parcel of -land -contains 137 aoreo, morq or icon, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land. LOT "A" A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described as follows; Beginning at the Northeast Corner of said Northwest Quarter and considering the North Line as bearing South 90900'00" West with all other bearings contained herein relative thereto; Thence South 90°00'00" West, along said North Line 204 feet to the True Point of Beginning; Thence South 00°00'00" East, 149.53 feet; Thence South 80°52'45" West, 487,29 feet; Thence South 84017'47" West, 284.34 feet; Thence South 87°15'49" West, 288.51 feet; Thence South 70°45'51" West, 492.34 feet;to a point on the East right-of-way line of the Union Pacific Railroad; Thence North 41°08'20" East, along said right-of-way, 572.30 feet to a point on the said North Line; Thence North 90°00'00" East, 1140.59 feet, along said North Line to the True Point of Beginning. Said described parcel of land contains 7.244 acres, more or less, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that the adjoining map and legal description wer under my personal supervision and is a true and accurate repres existing conditions to the best of my k .wledge. Jas ;.,e re. se Colo a.; PE & LS //43 PROPERTY OWNER'S APPRO We, Roy A. Schmidt, Darwin R. Schmidt, and Kevin . Schmidt bein fee Of the above described property do hereby subdivided the same the a ached map Roy A.,Schmidt Darwin R. Schmidt The foregoing certification was acknowledged before me A.D. 1983. Witness my hand and seal. Ce/ /qi-t25-' otary Public orcim a• RAPI VN on n 12_,L=2,f 1 Kevin W. Schmidt this bQ COMMISSIONER'S CERTIFICATE The...accempanying plat ia accepted and approved or. filing. r County Clerk By ! Dated ntyt ommissioners FREESE ENGINEERING 83.4i /7 - SKLD, Inc. SKI.13209 WE 1929764-1983.002 AR2256721 E 1304 REC 02256722 07/19/91 10:10 $5.00 1/001 0.— F 2004 MARY ANN F'EUERSTEIN CLERIC A RECORDER WELD CO, Co QUIT CLAIM DEED THH;i DEED, Made this 8th dq of between July ,1991, RUSSELL L. MOSIER and KATHRYN £. MOSIER of the "County of Weld and State of Colorado, grarnorts), and KEVIN W. SCHMIDT, DARWIN R. SCHMIDT and ROY A. SCHMIDT, as Tenants in Common whosr legal address is 19256 Weld County Road 37, LaSalle of the County of Weld and Stale of Colorado, grantee(a). Wf l'NE55ETH, That the grantor(s). for and in consideration of the sum of TEN and ND 100 010,00) •- DOLLARS the receipt and sufticieney of which is hereby acknowledged, he vo remised, released. sold, convoyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grnnwetsl, their heirs, auccoswrs and assigns, forever; all the right, title, interest, claim and demand which the grentot(s) have In and to the real property, together with Impreementa. If any, situate, lying and being in the County of Weld and State of Colorrdo, described as follows; Part of the southwest Quarter (SW1) of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particulaxl described as follows: Beginning at the West Quarter Corner (WyCor) of said Section 23 and considering the Wes line of the Southwest Quarter (SW3a) of said Section 23 as bearing South..o0.03'34".West and with all other bearings contained herein) relative thereto, Thence South 89°57'46" East along the North line of the Southwest Quarter (SWaa) of Section 23, 2660.99 feet to the Center Corner (CenCor) of said Section 23; Thence South 00°08'15" West along the East line of the Southwest Quarter (5W1), 100.43 f$et; Thence South 88 00'51" West, 2160.18 feet; Thence South 1 89'35" East, 235,77 feet; Thence South 99 02'42" West, 507.15 feet to a point on the West line of the Southwest Quarter (Swat) of Section 23; iMMISAItterittiRshmiatemitereais Thence North 00 03'34" East, along the West line of the Southwest Quarter (SW1r) of Section 23, 421.19 feet to the Point of Beginning. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, end all the estate, right, title, lowest and claim whatsoever, of the grudor(s), either in law or equity, to the only proper use, benefit and behoof of the granree(s), heirs and resigns former, IN WITNESS WHEREOF The grentor(s) have exeoueld this deed on the date set forth above. TRn0fW E. MOSIER STATE OF COLORADO, SS. County of �Tlysforcg,, _aingtrim neweaackocnvl � meOil! � Jeyof My t,ommisslon expireaVtg Commission mpg jrgoz 19 Witness my hand and official seal, *Said described parcel contains 11.685 acres, more or less`is't is sub; to any rights -of -way or other easements es recorded by instruments of record or es now existing on said described parcel of land. •If in Inenver, insert "City atd." Na.933. Rea MS. nurrcurlls! oess ar,dtwd Pebtl,Xlp, 1743 Wary 8,., Denver. CO 60242 -. f]nat 2i2•alao— 10. 411 SKLD, Inc. SKL13209 WE 2256722-1991.001 ACW 323:33 In 1371 REC 02323133 02/26/93 DO:S1 510.00 1/CP1 F 2150 MARY ANN FBCERSTEIN CLERK 6 RECORDER WELD CO, CO NW COR SEC.53-4-6E n\ 2 3 el I/9 COB SEC. 23-4 •66 — [e,4 0=400' N.00°03'3dE.�r 5.89404'01° w. C 185.19' i f 1 ti 502.13' N.00.03'34'£ LOT 'A' ,x -801°09'55"E. 236.00' .Jt'Y 2.733 04C. 24.77' S. 89°02'42" W.J' (N-89°02'42"0.) 507. IS' S.69' 57'46"0 RECORDED EXEMPTION NE 1057 -23 -3 -RE 1282 LOCATED IN THE NW 1/4 AND THE SW I/4 OF SEC 23 ,T 4 N., R.66 W. OF THE 6TH RM., WELD CO. ,COLO. NOTE' THE PROPERTY SHALL BE MAINTAINED IN COMPLIANCE WITH, PANHANDLE EASTERN PIPE LINE COMPANY'S RIGHT -OF -MAT. 1 e 2.4' N. SISPO 'CO"E. R 0/4 OCR SEC.23-4-66 /o 0010, /car -A/ 1140,55 LOT'' REC EX. als 1067-23-2-REMO Sg4°)7'4rw. S.6745'49.W. 15'49;''•1'. 204.34 266.51 S2 9 W' 487.2 LOT 'B' OF REC. EN, N'1057-23-2-80600 LOT 1 B' I1 4 4. ACRES 2660.99` m c , 0 300 SCALE: 1'x.3.00' ▪ -PIN FOUND • -PIN SET .#4 REBAR WRH YELLOW PLASTIC CAP FE LS4392.(TYP). N.00.03'34'E. 2230,96' NO1E:ONLY LOT 'A` SURVEYED. J ---SW COR SEC.23 -4-56 atLre/rr S. &6°W' 510W. 2160.18' 500°06 I 'W.- 100.43' `=- THIS AREA IS OF POSSIBLE DISPUTE DEEDED BY:RUSSELL L. MOSER A KATHRYN E. WOOER TO: KEVIN W. SCHMIDT, DARWIN R. SCHMIDT, WOO ROY A. SCH MI DT AS RP -ECHOED WELD CO. RECORDS B0011 1304 RECO2206722 07-19-91 OWNERS: ROY SCHMIDT, DARWIN R. SCHMIDT, 8 KEVIN W. SCHMIDT c/o DARWIN R. SCHMIDT 20430 VCR 33 LA SALLE,CO 00647 m TAN. n e 4' IS ¢ :PA' 14 CNTY.COR. J' SEC 23-4-66 a/ -File, LOT'A' a 2.733 AL LOT'B' 4LL4 *Ac, TOTAL 117 W ACRES NOTICE: According to Colorado law you meet commence any legal anion based upon an cct >n this en=voy within three (3) years after you first dlucovar such de- fect, in no event, may any action balled upon any defect in thte survey be com- menced more than ten year. from the Oslo of the certifcaliop shown hereon. NOTE: At the request of our client, recorded easements and rights -of -way have not .researched by roe or shown on this pint. The easemaaeti and t'ipNta-of-Kay which may be shown hereon may dot be complete, axe caned on general Snfornnopon. and are to he need only in this cemtw,rt. LEGAL DESCRIPTION Lot "B" of Recorded Exemption No. 1057-22-2-325609 as orded Juno 9, 1283 in Book 0999 Reception No. 01929769 AND located in the Northwest Quarter WNW}) of Section 23, Township 4 North, Range 66 Rent of the Sill P.M., Weld County, Colo- rado, AND a parcel 01 ground as conveyed by Quit Claim Deed recorded at Book 1304, Reception No. 01316722 on July 19. 1991 described as follows: Part of the Southwest Quarter (SW}) of Seett'A 23, Township 4 North, Range 06 West of the 6th D.M., Weld County, Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (l9}Car) of sate, Seetlon 23 cod considering the West line of the Southwest Quarter (SW}1 of add Section 23 as bearing South 00°09'34^ West and with all other bearings contained herein relative thereto: Thence South 89°57'46" East along the North line of The Southwest loaner (SWtj of eft.. ll.Sedien 23. 2610.99 feat to the Censor Corner (Cen0oe1 of said Section 22: P O Thence South 90°08'15" Weal erong rho Soot line of the Southwest Quarter owl), X100.42 feet: Thence South 66°00'51" West, 2160.11 feet; Thence South 1°59'35" East, .i 231.71 fact: Thence South 00402'42" Weal, 507.15 feet tae point on the West line of `4' the Southwest Quarter (SW}) of Section 23; Thence North 00°03'94" East, along the .rt Wert line of the Southwest Quarter (S56) of Section 23, 421.19 feel to the Point of Beginning. SURVEYOR'S CERTIFICATE 1. Jasper Freese, a Regiatorod Profosotonal Lend Surveyor in the Siete of Colorado do hereby certify that thin Recorded Exemption plat was prepared under my personal accurate representation thereof. 1 further Iles With an applicable ruler, regulations, Board of Registration for Professional VICINITY MAP SCALE; 1002000' supervision, and that this plat certify that the survey and and laws of the Stole of Engine and Profe00l Colorado Ito' 01 .e -Lane rY,9r' 97! /Date PROVAL We, Ray A, Schmidt, Darwin R. Schmidt. Ind Kevin W. Schmidt, being the sole owners in tee of the above described properly do hereby subdivide the same as shown on the attached map. He understand this property is located in the A -Agricultural none district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. Roy A. Schmidt Derwin R. Schmidt Kevin W. Schmidt STATE OF COLORADO) COUNTY OF WELD , cation was acknowledged before roe thin day of .by Roy A, Schmidt, Darwin R. Schur At, and Kew and and seal. Notary Public:8 /.�j.fw•."csdor This plat is accepted and approved for filing. c Department of Planning Services Directs Tha $prp wing certietlRn weep acknowledged1St Lhla a 1 Q.�fJY (� 148: my end and cal. My Commission expires: JlfeoesmeVale:;.vtd1Q390 pro RECORDED EXEMPTION NO.1057-23-2-RE1582 LOCATED IN THE NW V4 AND THE SW I/4 OF SEC. 23,1.4 N., R.88 W. OF T1E ST14 P.M., WELD 20, COLD. PROJECT: 1990-654 Due: OC.T, 1992 REv1S20 JAN 1993 FREESE ENGINEERING 1523 SIN AVENUE GREELEY, CO 80631 2323133-1993.001 SKL13209 AR212427,3 B 1373 REC 02324213 03/05/93 15:59 $10.00 1/002 F 0248 MARX ANN 1;EUERSTEIN CLERK a RECORDER WELD CO, CO 0.0 WARRANTY DEED THIS DEED, Made this 26th day of February 19 93 . hctsi cn KEVIN W. SCHMIDT. DARWIN R. SCHMIDT and ROY A. SCHMIDT of the 'County of Weld State of Colorado, grantor, and MAXWELL KENT HICKMAN and DIANA C. HICKMAN and •I STATE Docommim Gate 316193 whose legal address is 1634 Sunset Street Longmont, Colorado 80501 of the County of Boulder and State of Colorado, grantees: WITNESS, that the grantor, for and In curt deraton of the sum of One Hundred Ninety Five Thousand and 00/100ths DOLLARS. the n.'ceipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant. bat}tuht, scl1. convey and confirm unto the grantees. their heirs and assigns forever. out in tenancy in common hut In joint tenancy. all the real property, together with improvements. if any, satiate, lying and being in the County of WELD and State of Colorado. described as (0110w+; SEE EXHIBIT "A" ATTACHED HERETO also known by street and number as vacant land TOGETHER with all and singular the hetcditamenls and appurenances (hereunto belonging, or in anywise appertaining and the resersion and reversions, remainder and remainders. rents• issues and profits thereof, and all the estate, right. title, inleaest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises. with the lrereditaments and appurtenances, TO HAVE AND TO BOLD the said premises above bargained and described. with die appurtenances. unto the granters, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives. does covenant, grant, bargain and agree to and with the grantors, their hairs and assigns. that al the time of the enscaling and delivery of these presents, he Is well seized of the premises above conveyed. has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in fee simple. and has good right, full power and lawful authority to grant, bargain. sell and convey the saute in manner and form aforesaid. and that the sonic are freewill clear from all former and other grams, bargains, tales, liens, taxes. assessments. encumbrances and restrictions of whatever kind or nature earner, 'veer general taxes for 1993 and subsequent years; accept easements, restrictions, covenants, conditions, reservations and rights; of way of record, if any; except Oil and Gas Lease recorded January 16, 1973 in Book 683 as Reception No. 1605493 The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the granrscs. their heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be appUeabla to all genders. IN WITNESS WHEREOF the dozer huff executed this deed on the due set forth above. W {.s GfAMs COQ. pz ROY A .SCHMIDT STATE OF COLORADO County of WE[.D The foregoing instrument wss acknmvlcdged before me this 26th day of February Dy Kevin W. Schmidt, Darwin R. Schmidt and Roy A. Schmidt DARWIN R. SCHMIDT .If in Denser, insert "City and." .1993 , Wlrncr;s my hand and ofticI:A Neal. My Commisslon expirca December 1 • 19 94 • :goofy Pubbe Name sot Mdrec+ of Pero Croaag Nn.IyCrratel Ispl tletrnptbo II .3547-t06.5.C.R.-54 No. 921A. Rte, 3-85. WAORh!rry OF:Ca Ion rune Tomah) Brodford r,nliihin. 1743Wore St.. o,.w<r, COaba02-1101i 292-19 10- n-rI SKLD, Inc. LG SKL13209 WE 2324213-1993.001 B 1373 REC 02324213 03/05/93 15:59 $10.00 2/002 F 0249 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 1057-23-2-RE1282 recorded February 26, 1993 in Book 1371 as Reception No. 02323133, being a part of the W1/2 of Section 23, Township 4 North, Range 66 West of the 6th F.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the NW1/4 included in the main ditch known as the Great Bend Ditch running across the North part of said NW1/4 from West to East and being a strip of land 25 feet each way from the center of said ditch. ALSO EXCEPTING all that part of the NWl/4 and that part of the SW1/4 of Section 23, Township 4 North, Range 66 West of the 6th P_M., Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering the East line of the NW1/4 of Section 23 as bearing South 00 degrees 08 minutes 15 seconds West and with all other bearings contained herein relative thereto: Thence South 00 degrees 08 minutes 15 seconds West along the East line of the NW1/4 636.18 feet to the True Point of Beginning; thence continuing South 00 degrees 08 minutes 15 seconds West, 2104.72 feet; thence South 88 degrees 00 minutes 51 seconds West, 466.61 feet; thence North 20 degrees 59 minutes 12 seconds West, 639.75 feet; thence North 09 degrees 25 minutes 09 seconds East, 796.94 feet; thence North 29 degrees 50 minutes 27 seconds East, 524.30 feet; thence North 47 degrees 34 minutes 29 seconds East 418.88 feet to the True Point of Beginning. TCGEBER WITH seventeen (17) shares of the capital stock of the Western Mutual Ditch Company TOGETHER WITH Irrigation Well No. Permit No. 0787 as adjudicated in Case No. W544 SKIM, Inc. LG SKL13209 WE 2324213-1993.002 I l l 1I l l 11111 111111111111 I ll 11111 l 11111 l 1l l 111! I I1! I l l 11 I4 of 22 R04/04/2007 1 00 QD 138.0010:22A t Steve )MorenoClerk & Recorder 6� CO WARRANTY DEED THIS DEED, Made this 29th day of March, 2007 between Maxwell Kent Hickman and Diana C. Hickman of the County of Weld, State of Colorado, grantor and Big Thompson Investment Holdings, LLC, A Colorado Limited Liability Company whose legal address is: 1205 W. Elizabeth St., PMl3 #134,F1. Collins, CO 80521 13t • Oti of the County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of One Million Three Hundred Eighty'fltousand Dollars and NO/I110's ($I.380,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, and State of COLORADO, described as follows: See Exhibit A attached hereto and made a part hereof also known by street and number as Vacant Land, Weld County, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the cnsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, hargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, asscssrnents, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but 1101 yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated May 15, 2006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or ony part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLERS: TATE OF COLORADO )ss: COUNTY OF Weld man Diana C. Hie ickrnan as attorney in fact The foregoing instrument was acknowledged before me this 29th day of March, 2007 by Maxwell Kent Hickman individually and as attorney in fact for Diana C. Hickman Witness my hand and official seal. My Commission expires: 7/15/09 Notary Pu. is CARRIE WALKER NOTARY PUBLIC STATE OF COLORADO C,r.} l „ r J. Ir 15. 2009 wDriloro Warranty Deed (For Photographic Retard) updated 1/2005 0 Security Title File No. 50143523 1 z ?oA.3 * rN, .4-eC 0kVm C D5rcirb2t SKLD, Inc. SKL13209 WE 3466592-2007.001 1111111 1111 11111 1111111 IIII IIII 1111111 III VIII IIII IIII 3466592 04/04/2007 10:22A Weld County, CO 2 of 2 R 11.00 O 138.00 Sieve Moreno Clerk & Recorder Exhibit A Lot B of Recorded Exemption No. 1057-23-2-RE1282 recorded February 26, 1993 in Book 1371 as Reception No. O2323133, being a part oldie West %2 of Section 23, Township 4 North, Range 66 West of the 6s' P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the Northwest'/. included in the main ditch known as the Great Bend Ditch running across the North part of said Northwest'/ from West to East and being a strip of land 25 feet each way from the center of said ditch. ALSO EXCEPTING all that part of the Northwest 1/4 and that part of the Southwest VI of Section 23, Township 4 North, Range 66 West of the 6'" P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering the East line orate Northwest 1/4 of Section 23 as bearing South 00°08'15" West and with all other bearings contained herein relative thereto: Thence South 00°08'15" West along the East line of the Northwest %, 636.18 feet to the True Point of Beginning; thence continuing South 00°08'15" West, 2104.72 feet; thence South 88°00'51" West, 466.61 feet; thence North 20°59'12" West, 639.75 feet; thence North 09°59'12" West, 639.75 feet; thence North 09°25'09" East, 796.94 feet; thence North 29°50'27" East, 524.30 feet; thence North 47`34'29" East 418.88 feet to the True Point of Beginning, County of Weld, State of Colorado, SKID, Inc. SKL13209 WE 3466592-2007.002 die f1Ii 1111111lIIIf 1111 IItI 1111111 III 11111Ill! 3466692 04/04/2007 10.22A Weld County, CO 1 �� 1 at 2 R 11,00 D 138.00 Steve Moreno Clerk 8 Renarder WARRANTY DEED THIS DEED, Made this 29th day of March, 2007 between Maxwell Kent Hickman and Diana C. Hickman of the County of Weld, State of Colorado, grantor and Rig Thompson Investment Holdings, LLC, A Colorado Limited Liability Company �s whose legal address is; 1205 W. Elizabeth St,, FMB 10134,Ft. Collins, CO 80521 'O k3f- W of the Courtly of Weld, State of Colorado, grantee: W1TNESSETH, That the grantor for and in consideration of the sum of One Million Three Hundred Eighty Thousand Dollars and NO/1OO's (51,380,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the reel property together with improvements, if any, situate, lying and being io the County of Weld, and State of COLORADO, described as follows; See Exhibit A attached hereto and made a part hereof. THIS DEED IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION SHOWN ON EXHIBIT A. also known by street and number as Vacant Land, Weld County, CO TOGETHER with all and singular the hereditamonts and appurtenances !hereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredltaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee. his heirs and assigns forever, And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are hee and clear from all former and other grants, bargains, sales, liens, taxes, assesasncnts, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated May 15, 2006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfisly claiming the whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. M WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLERS: IC Inatl Diann C. Hic TATE OP COLORADO Iss: COUNTY OF Weld an as attorney in fact The foregoing instrument was acknowledged before me this 29th day of March, 2007 by Maxwell Kent Hickman individually and as attorney in fact for Diana C. Hickman Witness my hand and official seal, My Commission expires: 7/15/O9 Notary Pu-hTic CARRIE WALKER NOTARY PUBLIC STATE OF COLORADO A+,; rr.,�...-.. .14. 4;.2009 wot.140W Warranty feed (Par Photographic Record) updsted 1/2006 111111 1111311 1 11111111111111111111111111111 N 11 3481387 06/05/2007 10:00A Weld County, CD 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder os Security Title File No. SO14:t52S �J r‘ SKID, Inc. SKI,13209 WE 3481387-2007.001 i l�r 111111 girl III 1111111 ill 11111 MEN 04104/2007 10:22A Weld County, CO 2 of 2 R 11.00 D 138.00 Steve Moreno Clerk & Recorder Exhibit A Lot B of Recorded Exemption No. 1057-23-2-RE1282 recorded February 26, 1993 in Book 1371 as Reception No. 02323133, being a part of the West % of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the Northwest V. included in the main ditch known as the Great Bend Ditch running across the North part of said Northwest from West to East and being a strip of land 25 feet each way from the center of said ditch. ALSO EXCEPTING all that part of the Northwest Y and that part of the Southwest V. of Section 23, Township 4 North, Range 66 West of the 6m P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering the East line of the Northwest % of Section 23 as bearing South 00°08'15" West and with all other bearings contained herein relative thereto: Thence South 00°08' 15" West along the East line of the Northwest % 636.18 feet to the True Point of Beginning; thence continuing South 00°08'15" West, 2104.72 feet; thence South 88°00'5I" West, 466.61 feet; thence North 20°39'12" West. 639.75 fret; , thence North 09°25'09" Eas€, 796.94 feet; thence North 29°50'27" East, 524.30 feet: thence North 47°34'29" East 418.88 feel to the True Point of Beginning, County of Weld, Slate of Colorado. 111111 11111 MEHL' !III11 III 1111111111111 3481387 06106/2007 10:08A Weld County, CO 2 of 3 R 16.00 D 0,00 Steve Moreno Clerk & Recorder SKLD, Inc. SKL13209 WE 3481387-2007.002 r 111111111 IIIIII !III 1111111 !III 111111 III 1111 !III !III 3491387 0610612007 10:00A Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder I hereby certify that the within instrument is a tips duplicate of the Original filed in my offIca, ,:Witness my hand and official seal this c?51-k day of w Weld County Clef?, an:1 : e. order eld County, Colorado Yvl Deputy SKLD, Inc. SKL132O9 WE 3481387-2007.003 RECORDED EXEMPTION NO. 1057-23-2 RE -4914 OF A PART OF LOT B RE -1202 BEING A FART OF THE WEST 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH PA., WELD COUNTY, COLORADO NONiH. .S-1 SECi1Ox COP.. z SG42 (m RTI 1 a2. . 20011. 4 oaTM 2.µ2z 2.2P2.. -c ,/2' #1014.5 201 / Mb1U4201 205 5.4200 AS Ik LL5 N4M 2 23� rle.s.5.141.r 7055.4 / 1G valT+, hilir�2 3221 I, T�v R6G. / , Cprry 'LINE `yI 515 51. ) #1 5 2000 e1s 2eepG / .,........---,-;%, '/ ,,2 � f�2, ,,,E'''' 40''2x'2.1-6 ,499e \1f Ti wu1 3. Lor 30.40 x[21 ovC-1X.ret CO.. NCRTN, 5iN6 26 raMr. /Tu1�FtD 1x05 3r.�.OxurvVM. GA' f —a3.'00'W 242-2, TAT A=5.00 ACM GP095 1.]7 12[.20 *OW PET I. u11VL h .0 Aucaxaim rwmm.. w1. .Air ra�wur0°"�°°a..ornd" mp.:3,.. iMI ., R•mw.• 41 TAMM'v,AMCN m.0010. L.C. or llc SUM 22'1'"1.0dna wa2w w .o�cw.. 409 30.x136 xp.ma1 m"�p� xer�g2y, l sEc�av ANIG, 1,{57. 5Mk 5.011 601.6.. 22.65E7. 1R''Cno 01:1x. 23 �t14'G Nux'nt 413.9. GA0 atfl.. TAT 8=10190 ACRES GROSS LOT 0=107.01 ACEES NIT 50751'19'1 109229 C' a}� . rand, x011. aline .� 1p1m, rCi461 uf-mom Lund. raga sri coma a Holm Q Ms,:[OM K.',! 1.:a MM MASTR-01, R. LINE TABLE 5.67311G^1 79209• \sWu x0/ CAP h54342 [22004220 raNND Aire ALL._ ,AP ccrn xEMMA nao s 104ND .I.. ,c0. m o • 2,012, ..06 62:1 v r.t 00..661. 7/.. _._..._ wax r, '.1,w��.Ch 1.12 m roc. re 2 ei 64.. ASS.lSPCI .0 i 'cam u itircauen c.v., go .mr �srlfr 0.M 2 •ba,w .e,�wr Etox .am Minx ... m..0. a km. OX07110 A.1.. 0i a',k ,/.2122..x0 n 1.r. 4.0. 212.221112 CPe . sxp. a tx5 x ,m e.w wY ,tq�w ra� elm �.� wo bw.m. �mla� �e�eK „ 00.06 a[ he5tlCYi+trbr.t5 r. • t .o60. us um 2..n .L. o„gi�ifMr r. a.. VAN wx0t^0� 11209k2.21pnc, .C1...51 (avid m lair air ▪ a000.60 vs., (mile' x,,.x m. 0.;1.1624.4.77 ern MMICE wim. uax YOIRTI.e. 2#1-..2..0 rm 10 101 lax w1. o< ceww... ewer Or m,� sntt CONIAFINO 016,... AMA Or I CZ. ,.112.2 ..e.,..... 0. LIKIB90.6 T., car uwite T. CFC6646 PACK, 6 a▪ . .1..m 122:17 a ltir""":.�2lw°1 ' ,r, ., anm 4,61.166 -To ,r.▪ ar os coakuna m...om m.1. tkIt5I L.BPS R61G SLOT 02 •b.rw 300-4 N. NC 66000%. CO 1400 1m=a. Alf nsmlls.a r:1. wAe lw • na▪ a.n-� 4c 1106 01.4 V12.101Y MAP I' 2060' rte. ldj,06 06. n :W urn:- rc t,,.•conurmaGU mam 66. 4 A ▪ R1., ITC id. Y K UV.a �inC4r. eMR R+txrw f.Mt R ,R 0 0112 rvv6 e5,uriuroeAMT. psrrr we 5ola rmaor Moe i. w.ar:k. xo::nc .:a m=yc1Of [. Mnem 5.1 .1.110C MC LOT 61 .10 T 1 MCP. wm. 5 ALL a 673. ,..,..5ar `two 10 Ap.1 a". . el <Ceu eo.w,,a>Rmu .0. 1.011 N610 M.P. 511. mG 11.rK. IC 0., ,4 00:.3'2T o 3' . m. r.+.aram:n.. wo#,«r"" .0090 ,w:ol o -..1u /.ems :.,p . 1. a ,R xt eukoblem m a.u1m.:mi rclit2anwcw. .., OV 9xwlee N.,.cx mErzarakm., POT I6C 060..r6. 76..06 u vrm m n. r 6[cxl.rh 62.x0[ m 1. aauc m .0.[5 rot. 611,26.61.0 M, Cdaaa0111 1. MAMI o. mAC rn ',,0000 0.r Wm 7�rw w. �m.a�.tlm20.000. UM1.1E BC IMAM 1D AYGC 10 MC la 1c1 nrmxK 4wtt ,, Qm5 aWnG .012. IMP yr, .1[ .1.4.6 .an 111 R 60:1.0 m w:0e rp mra.ayn... Cr INC c.nrw ma,aw w0. 16 a. Tr:1oe.wmrvw.6+.0.n m. 0.x 2.64 4E. n u1. m.crm 1'212.22 a as ...o a LOT 446.1.11#1 .11 1112 .600 P.M. a A. c".**19a:.422 Itwun'm r.F0,7e """7 .�,a. '2#1'2.:22 2 �`s wo.x 2..a ,a�a�a�nx�n �..v.a4ac�. �m.0 �.w �.w"R�iynWS INS :M/"rirslocns t®1.w. :70 T. [3:10.1C= 11116 1.00-37 Zii.o"Vi.wr 044 (week .L u2m.rg• w..c me own, qyd,"" "pea we ,fin I.1. iva 'roc,, ,... d Imo alaex.ax 000 1.a. «.K w wuac m ram -o .Is meet rowan m .w.w.n7 Irr '°.oe` w'�`�1 w o �mnn wro..er'�a6r .1 a. 0mur .0 alu 1 VIM �(vvc unxl.aavinrl...mnw¢ 6 m6 ,xe50.mn.a,m�s ,0.isito Fn. mac MO. 0.066 `0060.3 .r6.r TT - V 9 *dr' w ain rm . alamw. arxm x _ __ petrZ6 0410 .^to o.�rr 1.11#1 m[uw¢.ps+,n 'ems .fC b 022002:#1µp1 n me c.o.. .4" . w unv, a 2.:0#10x112110 rwa odC •06Li.m�5 xr�°`emi e"'R10.6001.7r. 0.60w . nap 66, 6, w0. rK'02220. 6 .25.4.0 6 .m 2....w u0. x 21111O01. 1. I x maim'.'1.101 n 2.6x2' 02.025 m0. M. mix a =MM. l I • Or 0, 7. 1,r. Ppwr� KECK .9 2.e m.• o:� 2x'.10 -hi -11 AO. marp amM '2.1..00 mwasinn CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC 3950 JFK PKWY SUITE F FORT COLLINS, CO 80525 HAMMER LAND SURVEYING. INC. 4350 HIGHWAY 66 LONCMONT,C0 80504 PH: 970-535-9318 RECORDED EXEMPTION PLAT SECTION 23, TO11NSS1P 4 ND@TE, NANCY 86 WQSf, K7R P.M. I SECTIONORTH, 23. E66WE04 WORTH, RANGE TOWNSHIP 'NEST, bTh' PA, DATE, .2/02/09 I JOBOO7313RC 3667225-2009.001 eRecorded in Weld County, CO Doc Id: 3805590 11/15/2011 09:45 A Page: 1 of 2 Total Fee: $16.00 Steve Moreno, Clerk and Recorder When Recorded, Return To: Big Thompson Investment Holdings, LLC 1205 W. Elizabeth St — PMB 134 Fort Collins, CO 80521 GENERAL WARRANTY DEED THIS DEED, made this 146 day of November, 2011 between, Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company of the County of Larimer, State of Colorado, THE Grantor, and Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company whose legal address is 1205 West Elizabeth Street, PMB 134, Fort Collins, CO 80521, of the County of Larimer, State of Colorado, the Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Ten (10) and no/100's U. S. DOLLARS (U.S. $10.00), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convoy, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot A and Lot B of Recorded Exemption No. 1057-23-2 RE -4914, recorded December 28, 2009 as Reception No. 3667225, being a part of Lot B RE -1282 being a part of the West IA of Section 23, Township 4 North, Range 66 West of the 6`" P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land (collectively the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. Including all of the Grantor's interest in the mineral rights and interests associated with and or appurtenant to the real property being conveyed by this Deed, including, but not Bruited lo, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantors, for themselves, their successors and assigns, do covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantors are well seized of the premises above conveyed, have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. STEmMRT TITLE GRANTOR By: crJ .3 4,1) On) itvlli d4r..wi 41411 .1S, GGL 51 SKLD, Inc. LG SKL13209 WE 3805590-2011.001 eRecorded in Weld County, CO Doc Id: 3805590 11/15/2011 09:45 A Page: 2 of 2 Total Fee: $16.00 Steve Moreno, Clerk and Recorder STATE OF COLORADO) ›ss. County of Latimer The foregoing instrument was acknowledged before me this I'day of `�iQ1� �0✓ , 20 11 , by Murk S. Goldstein as Manager of Dig Thompson Investment Holdings, LLC, a Colorado Limltcd Liability Company. Witness my hand and official rseal. { My commission expires: 1.13. 014 -2- [SEAL] MY COMMISSION MIRES kly 13,2014 SCOLD, Inc. LG SKL13209 WE 3805590-2011.002 �I�1'l:lilai.'M@4WlYIJIR7iL14Lbu �4i Ga.2Hee SG, G Reeve 1/2 1 .221 rc.rNr • 001.1 sdo conw:G v ccR RECORDED EXEMPTION NO. 1057-23-02 RECX12-0056 LOT A AND LOT B RE -4914 BEING A PART OF THE WEST 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, NON.I.Sr ECC'M1 SONGS 5ECt:J�' :a. TPR.,5Ge . BM NMI, SxOxxFM1T SCA SING. n. f.r I+,gEy; 11) RANGE 66 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO 00T-OIUL+t, 002011 S SLIGrn�P.wc[ VONSHIP NSBEe w ,Ty FOGS A x , /x" ALUM. 'AP O .0 BC.OR 1ryN.LT ,• wE�RSERNm4,1N,c OR^N µCNNTEHLINNc 10'0.^00 cAs 20110,0 20/.1+00 m.01 N rG6.03t LOT A210.20 ACRES CROSS .b, LOT A=18.21 ACRES NET pe 10•P1 La..Esz run r ]ME BCNPtt 0, EGTA MC KIN IC -CONS Pet., PIELGO,C, 346.. 0. SECTION YO NSIIIP N0U2, GIESE ea GM. O Eo s,cwN a mTn,rs ,rvrw.rt al GNEGto. AND;,..:41,5411 •NelaGLIOrNtrt Gat g, Lora. VAIr GNI mLaum RvmR.Tp 1 LOT 0=0401 ACRES CROSS LOT 0=02.71 ACRES NET S5*5112, BOOPc WPC: 12, , Ha co /t NEGE le G. 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(pop* ro„ >r Iss. a:.A,. MG, rc Poems 0.1W 0 wTi+.�vw� n ra �iYwt ao,Tti iM,Er- M 4G+)�wiuMEt�lrvbwR x�iM1,,TnW c.-ew-Ki 6 t1� NYcr ▪ m a PLASM. v,n ILICH m �R,i x=.wR'ea w TOTMr MEL'CO 'COAT rd . `°C1tirp, argerwG.0 ro.iinc" M°YRW. iaOr 0 w r6 own nErt, G art GM GO I. MK. NV nICWC MC MR, 72OO�m �a w.n.r. w�a. ,.m >s. 7 reno-r �,I rvnR. LTu,remnv_ • uae=,uq�ITY�NL Wg4t'5rvoCn mr.c. A• osrAarc aMAR a mt s1. ""'+' tv Nnuacc o %Lirnc mrr r or e.= mtT,N[ c YPirx rytw,sLT,sooAtovrrn.p.girpr (C71. TN GE .evcu,GrvL oosLrnx. TTY �IPT nw o nL w, A CMa 17 071.6 PGILMMI 141.4.46.1.f V111101....14.1:11 .an c cw . L row TrfvSw.a Imern Lw[ ,a6 so 'me Owc[ M GI Of 0.010.12Cn .60 Ca 10 ,Slagnmes inur m ▪ MILE AY 13...11Ce 010.0. WM a.11,u.0 WC colt rrlea ld ,we KtIt w � 4.1.„K w ro ous Km .1110 . awxta Iry LL NRIw. ea.w�r.n.myw..a- Ka'.f �L G✓„5ry a a,rtoM cvem -N.urwa ear =maw hYeoSu:e NIGINCre MG .aaL eL GESErle. Or Alt.' Gk. pp ..44iG1Y WILGL TotiT CISCC.P. AO, RI, Er. PEGT WY An ACP. WIT r.0„" SEG.. ..,a.�"„aw,." •'. m Tvc.Pa, r<oa CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC 1205 W. ELIZABETH ST. PMB.#134 FORT COLLINS, CO 80521 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT, CG 80504 PH: 970-535-83'8 RECORDED EXEMPtION PLAT SECTION 23. TOWNSHIP 4 NORTH, RANGE 26 WEST, &'C9 P.M. SECTION 23, TCVINSHfP 4 NORTH, RANGE 64 WEST. 6TH 6,4, X01007013 DATE, 7/30/12 I AMR£ I-/ I- 6E1703 3868019-2012.001 LG SKL13209 SKLD. Inc 3905286 Pages; I of 2 01/24/2013 02:07 PrI R Fea:$16.00 0 Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii lYi��i µa' 141i f+hNr4,�i�G�Iifi4hl lti II F I When Recorded, Return To: Big Thompson Investment Holdings, LLC 1205 W. Elizabeth St —PMB 114 Fort Collins, CO 80521 QUIT CLAIM DEED THIS DEED, made this 24thh day of January, 2013 between, Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company of the County of Lorimer, State of Colorado, THE Grantor, and Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company whose legal address is 1205 West Elizabeth Street, PMB 134, Fort Collins, CO 80521, of the County of Larinter, State of Colorado, THE Grantee: WLTNESSETH, That the Grantor, for and in consideration of the sum of Ten (10) and no/100's V. S. DOLLARS (11.S, $10.00), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns Forever, all the real property, together with improvements, if nny, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot A and Lot B of Recorded Exemption No. 1057-23-02 RECX 12-0056, recorded Auguust 22, 2012 as Reception No. 3868019, being a part of Lot A and Lot B RE -4914 being a part of the West %x of Section 23, Township 4 North, Range 66 West of the 6'h P.M., County of Weld, State of Colorado. also known by street and number es: Vacant Land (collectively the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. Including all of the Grantor's interest in the mineral rights and interests associated with and or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning die mineral estate. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantors, for themselves, their successors and assigns, do covenan€, grant, bargain, and agree to and with tile Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantors are well seized of the premises above conveyed, have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and have gond right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances, The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR Big Thompson Investment Io •' s, LLC A Colorado ' ited Lia, ,�/ npany Jeff dson, as Manager SKLD, Inc. LG SKL13209 WE 3905286-2013.001 3905286 Pages: 2 of 2 01/24/2013 02;07 pry R Fee:$16.00 D Fea:$0.00 MIN Steve iand Recorder, r County, , STATE OF COLORADO) )ss. County of Lorimer The foregoing instrument was acknowledged before me this 24a' day of January, 2013, by Jeff Donaldson as Manager of Big Thompson Investment Holdings, a Colorado Limited Liability Company. Witness my hand and official seal. rl n My commission expires: l• 13,t • {2D14 My License Number: 3.Di L D -41), g; 3`I KATHRYN L. HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2O10d01Af30 err COMMKONON LOWS 0M3R014 -2- Nota Public , KktHRZYA.) L. R5Y-0 . [SEAL] SKLD, Inc. LG SKL13209 WE 3905286-2013.002 t rJwnwi�lk�i��i�e,Wo��awr, dnvle,4 a cl CORrititela CO Pea WsternaoLC: vWP WL Mw n POW 'MOWS TOW .a T. tri an. wLvrO �L rartwa ai vw u w mrt.x nmen m Ana mum- mane, ...man An - -.F Or Lit Rate at., w.q[ rniuY�Ito Pr mtt., 44x, v a1➢. OWL Cr PAS WM. OCKOPTIRD In. L.. OFAnnil fa l Or 1. irrn c .N. R NM cc ,, 1 COMA. PAR µ0 naln a 1, nan.m wort ,roc. POW, OI 1M LO[ IAPia , �aE. PO n.,. nor ixi i wo °mt'ni Mm�i °�eats Tr PIM WNW IMPAIR. ALL PVC. . WELD COUNTY INDUSTRIAL PARK MINF12-0001 1 LOT B OF RECORDED EXEMPTION NO. 1057-23-2-RECX12-0056, BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO. 4Vk• riO •▪ Ma. hOSP. 1.ewrc. ano PFC., P.n. a..m R urn. asn_mvM A. suodonve FO DM. OM RULwu., p IXL.E.0, ix Tr.Pan4 Slaw. srmerv, maw Z. Arnie. . .FMSCOthe a THE w. r'P OrO,nOw (I. PLO.. T.c MO Ea.- uc mlcTwc„a Isx•mwu lasrt[ Co. 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Crtm....Ouwaom WATI, po�m,, sent aware Spat. ,+r. o„w. ..04111 MP PtOf n ,.,. c myna ,w cmwir..,, ,wa : m.w0TJN6gm"I.r sLw mrWRICIO or,•Lr haat X. Oa cL.o,. MT w. Rio. S. ox.. EC NCO w T. I°O.C. OrvSpo o w a .2 rata M ZOINA Fa • Or a. Ott PM'.'L t. TTIT. oryINC nmvnaw w,<c vm;�c.L91Yp"w aM"'x, ®, wx Oda .C. ..•,... a..aww w XLwan , 61 ,per C m.I. .w ww Baeta awW xi„a` magiuo, cor.,cmax a aletl .443 Os Tw• Ire ... A A 1.. CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC P.D. BOX 273180 FORT COLLINS, CO 80527 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LCNGMONT,C0 81504 PH: 570-535-6318 MINOR SUBDIVISION SECTION 23 TOWNSHIP 4 NORTH. RANGE 66 wE4T, 6tH SECTION 23, TOWNSHIP 4 - NORTH, RANGE 66 WEST, 6Th' P.M. DATE, 12/23/13 JO817013M5 SHEET 1 Cr 2 3989177-2014,001 SKL13209 SKLD, Inc seam iCnGliii5.6'snuTreArwfrzo lII •2i 122 .221 ne ,1 ey ge ggi .:n .-wain `rrNa�°:c°M+o�xo xroma GN12 4eS° G. O WELD COUNTY INDUSTRIAL PARK MINF12-0001 LOT B OF RECORDED EXEMPTION NO. 1057-23-2-RECX12-0056, BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6T0 P.M.. COUNTY OF WELD, STATE OF COLORADO, NM, ..251, L.21 acnrs COUNTY ROAD No. 44 NgSns6 MGM-CF-N.t S L 1, SOE or SECTION ONc NOON . MME xa • ,h▪ •f-0.121i. 2.0•10 SICON -.wR•e,e A,. UP a.0'sum 5 MM WE-0aMttP Cdnd lCC,S. z. Ian.,P.. xaxl, / GO PLND PMS S I :3•11. 50222,20T AW➢.we TABLE Liles nekeixa Nuyr�rE ,aa • W>n • YC 11117 pawn , Ilona 122. urE TroLE LIC w.rx. IIII.412.1 :4115 44 :,4 .��arcI ao.acvRVNT•• E .,. CURVE TH&E CURLS!I4,CL&ICp, mI.,r mixfoe wmtr„ CNORO nna I noun,Y 27 u I .,nu 291•2 421m. 2271. e,e NGRING Mr•rpro MVAICE ,crUC I 1.12 nn>a.K f. as .45 Nam NOCIVMS L. harorarr 5020-Mer 21 202. NIIMINalo n r ben in' Ne NIL I. to E'` MM. 1M orwe.,°'°war,.wmwv.R°'"�m, SiMm ▪ My rr wrr,m NOIN w +ws .u. Mc • e.: UM" 2 GAMIC 2O2 c. 1 LTG' IL ttrsoc rm.m IE m„ MIEN • - hl.E W Rweo rv.Nar rls : . Mows ��Lon • -_�� .SL. faro MOW<me ww mi0.20 M. Off ocr. NI OM •MALNl MM. �c+ewaAte parme NM WREN NM MOM My mr icrod sem . CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC P.O. BOX 273180 FORT COLLINS, CO 80527 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT,C0 a2524 PH: 373-535-5318 MINOR SUBDIVISION SECTION 23 TOWNSHIP 4 NORTH, R NCE a6 ►EST, 6TH P.H. SECTION 23. TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.µ. DATE: 12/23/13 I SHEET721 OFS2 ZR EOOGZ 3989177-2014.002 3925584 04/18/2013 11:33 AM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording, €etari€ to: Triton Water Resources, LLC 1205 W. Elizabeth St. PMB 134 Foil Collins, CO130521 GENERAL WARRANTY DEED THIS DEED, made this 17th day of April, 2013 between, Big Thompson Investment Holdings, LLC, a Coloraro limited liability company, whose legal address is 1205 W. Elizabeth St. PMB 134, Fort Collins, CO 80521, the Grantor, and Triton Water Resources, LLC, a Colorado limited liability company, whose legal address is 1205 W. Elizabeth St, PMB 134, Fort Collins, CO 80521, the Grantee: WITNTSSETII, That the Grantor, for and in consideration of the sum of Ten U. S. DOLLARS (U.S. $10.00), and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot 1, Weld County Industrial Park MiniFI2-001. LOT B, of Recorded Exemption No. 1057-23-2-RECX12-0056, being a part of the W 'A of Section 23, Township 4 North, Range 6G West, of the Grh P.M„ County of Weld, Slate of Colorado, containing approximately 5.55 Acres also known by street and number as: 20856 WCR 33, LaSalle, CO 80653 (collectively the "Property"). provided however, that Grantor excepts and reserves unto Grantor and Grantors' sncessors and assigns forever all of Grantors' mineral rights and interests associated with and.or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, end all other like substances, together with all other rights associated with owning the mineral estate, TOGETHER with all and singular the hereditarnents and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditarnents and appurtenances, INCLUDING all improvements and water wells, including DiV. 1, WD 2,Well Permit 76813-F. TO HAVE AND TO HOLD the Property and the appurtenances, unto the (trantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record agnilist the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR: Big Thompson 1 vestment I tl A Colored rted lie ty STATE OP COLORADO) )ss, County of ) The foregoing instrument was acknowledged before me this !Oda)/ of Donaldson, as Manager of Big Thompson Investment Holdings, LLC. Witness my hand and official seal. My commission expires: 1. 13.2014 My License Number is 2011?40I Si M As Ma ager ,LLC ny L , 20 i,i , by Jeffery M, KATHRYN L, HERDER NOTARY PUBLIC STATE Of COLORADO NOTARY ID 20104010139 MY COMMISlS10l1 twines 0711712014 Notary Public L. 16, SKLD, Inc. LG SKL132O9 WE 3925584-2013.001 3989473 01/10/2014 04:57 PM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording_ return to: Big Thompson Investment Holdings, LLC PO Box 273180 Fort Collins, CO 80527 GENERAL WARRANTY DEED THIS DEED, made this 8th day of January, 2014 between, Triton Water Resources, LLC, a Colorado limited liability company, whose legal address is PO Box 273180, Fort Collins, CO 80527, the Grantor and Dig Thompson investment Holdings, LLC, a Colorado limited liability company, whose legal address is PO Box 273(80, Fort Collins, CO 80527, the Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Ten U. S. DOLLARS (U.S. $10.00), and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: LOT B, of Recorded Exemption No. 1057-23-2-RECX12-0056, recorded August 22, 20 i 2. at reception 8 3868019 Weld County, of Colorado. provided however that Grantor excepts and reserves unto Grantor and Grantors' successors and assigns forever all ofGrantors' mineral rights and interests associated with and/or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all tight, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, ol, in and to the Property, with the hereditamenls and appurtenances, INCLUDING all improvements and water wells, including DIV. 1, WD 2, Well Permit 7G813•F. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors anti assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in low, in fcc simple, and has good right, full power, and authority to grant, bargain, sell, and convey the seine in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above, GRANTOR! Triton Water Resources, LLCM LLC A Colorado lino udiiabillity eotn}iagy By: ,t r8. Mark S. Coldsteirr'"'`""" — As Manager STATE OF COLORADO) )s_s. County of iLi ]air,/ ) The foregoing instrument was acknowledged before me this 11) day of .: stiJ,dJ as Manager of Triton Water Resources, LLC. it Witness my hand and official seal. My commission expires: • l • x'(8/1 My License Number is �Z) , 2014, by Mark S Goldstein, ll.AT L. :'t tUy Notary Public SKLD, Inc. SKL13209 WE 3989473-2014.001 3989474 O1/1O/2O14 O4:57 PM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording, return to: Triton Water Resources, LLC PO Box 273180 Fort Collins, CO 90527 GENERAL WARRANTY DEED THIS DEED, made this 10th day of January, 2014 between, Big Thompson Investment Holdings, LLC, a Colorado limited liability company, whose legal address is PO Box 273180, Fort Collins, CO 80527, the Grantor, and Triton Water Resources, LLC, a Colorado limited liability company, whose legal address is 273180, Fort Collins, CO 80527, the Grantee: WTINESSETH, That the Grantor, for and in consideration of the sum of Ten U. S. DOLLARS (U.S. $10.00), and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, bas granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot €, and Outlot C, Weld County Industrial Park MinF12-0001, recorded January' 0, 2014 at Reception Number 3989177 Weld Courtly, Colorado. also known by street and number as: 20856 WCR 33, LaSalle, CO 80653 (collectively the "Property"). provided however, that Grantor excepts and reserves unto Grantor and Grantors' successors and assigns forever all of Grantors' mineral rights and interests associated with and/or appurtenant to the real property being conveyed by Pus Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances, INCLUDING all improvements and water wells, including DIV. 1, WD 2, Well Pcmtit 76813-F. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the caseating and delivery of these presents, the Grantor is well seized of the premises above conveyed, bas good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, IN WITNESS WHEREOF, the Grantor has executed this deed to he effective un the date first set forth above. GRANTOR: Big Thompson Investment Holdings, LLC AColorado limited liabilityeompany ti t ,' By: 4I{A) Mark S. Goldstein, As Manager?: STATE OF COLORADO) I )ss. County of LikidirW ) alt r The foregoing instrument was acknowledged before me this 10 -day of :lfi4U5si rte , 2014, by Mark S. Goldstein, as Manager of Big Thompson Investment Holdings, LLC. Witness my hand and official seal. My commission expires: "r• l3-204 My License Number is ?GlUl- J,. i+l1r Pt u7 Nottry Public KERWVAILAWRDER NOTARY Pt,,1C STATE OF COLORADO NOTARY 1D 201040ts130 M' COIMSSION EXPIRES 08934 0t4 SKLD, Inc. LG SKL13209 WE 3989474-2014.001 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Peckham The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot 2, Weld County Industrial Park MINF12-0001, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1088783, Book 1277 Reception No. 1511442 Reception No. 1523524 Reception No. 1812867 Reception No. 1929764 Reception No. 2256722 Reception No. 2323133 Reception No. 2324213 Reception No. 3466592 Reception No. 3481387 Reception No. 3667225 Reception No. 3805590 Reception No, 3868019 Reception No. 3905286 Reception No. 3989177 Reception No. 3925584 Reception No. 3989473 Reception No. 4001 190 Reception No. 4078094 Reception No. 4078540 Reception No. 4230946 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to he construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 20'" day of September, 2018 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY 1 �v • s By: '•\—<*:',--i 4 .. Heidi C•fue, Title Examiner BOOK ��7 AUG 1.8195 �o ; ''`' Recorded- :10887643at �o'clot k... h{. 4 r` ' �� t Reception No, _k SPO]S�.a,.�. Recorder. .' ea h{de this 15th day of August in the year of our Lord one thousand nine hundred and f if ty between D. N. LORENZ also-known'as DAN7E'L N; LORENZ of the first part, and County of Weld D. N. LORENZ and BERTHA C. LORENZ of the County of We ld second part: WITN1 SS> TH: That the said party of the first part, for and in consideration of the sum of other valuable consideration and Ten DOLLARS, to the said partY of the first part in hand paid by the said particf of the second part, the receipt whereof is hereby confessed and acknowledged, hd9 granted, bargained, sold and conveyed, and by these presents doe S grant, bargain, sell, convey and confirm unto the Bald parties of the second part, to pass not in tenancy in common bat in joint tenancy, the survivor of than, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lots or parcel 9 of ]and, situate, lying and being in the County of Wel d — - and State of Colorado, to -wit: and State, of Colorado, of the and State of Colorado, of the The Northwest Quarter (Nw ) of Section Twenty-three (23), Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, together with 18 shares of the capital stock of The Western Mutual Ditch Company, the irrigation pump, well, motor and all attach- ments and appurtenances thereto, and any and all rights of way for ditches used for the purpose of irrigating said land; excepting all that part of the above described property lying north and west of the .east line of the Union Pacific Railroad Company right of way; Alga, excepting a parcel of land comprising about two acres located in the northeast corner of the northwest quarter of said Section 23, the boundaries of which are more particularly described in the release of mortgage recorded in Book 956, page 365, of the Weld County Records. Also conveying hereby a parcel of land comprising about two acres located in the northwest corner of the SW* of Section 23, Township 4 North, Range 66 West of the 6th P.M, in Weld County, Colorado, on which are located the improvements that belong to the NW's of said Section 23 and which parcel of ground is more particularly described as follows, to -wit: Beginning at the northwest corner of the SW* of said Section 23; thence South 236 foot; thence East parallel with the north line of said section 474 feet; thence Borth 236 feet; thence West 474 feet, more or less, to the place of beginning. A].so hereby conveying the' North Half (Nn) of Section Twenty-eight (28), Township Three (3) North, Range Sixty-five (65) West of the Sixth Principal Meridian. Also convoying all that part of the East Half (EA) of the Southeast Quarter (SE*) of Section Twenty-two (22), Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian described as follows; Beginning at the southeast corner of said Suction 22; thence West 1188 feet; thence North 2640 feet; to the north line of said SE* of Section 22; thence East 1188 feet; thence South 2640 feet to the place of beginning, together with an undivided one-half interest in a reservoir located in the WA of the SE- of said Section 22; Also hereby conveying the West Half (WA) of the Northwest quarter (Ww ) of Section Fifteen (15), Township jour (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, together with 8 shares of the capital stock ,.of The Western Mutual Ditch Company. SKLD, Inc. LG SKL13209 WE 1088783-1950.001 .217.€ HMI2.? AcE4() _ (Actual consideration less than ;100.00) TOGETHER with all and singular the hers:ditatnents and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, clains and demand whatsoever of the said party of the first part, either in law or, equity, of, in and to the above bargained premises, with the hereditantents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor For- ever. And the said part y of tits first part, for i]lttl set f l7 iSlicks executors, and administrators, do e S covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the cosealhsg and delivering of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the same are free and clear Irons ail former and other grants, bargains, sales, liens, taxes, assessments and iuctnttbrances of whatever kind or nature soeveri subject to any and all unpaid taxes and encumbrances; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part. y of the first past shall and will WARRANT AND FOREVER DEFEND. IN WI'T'NESS WHEREOF, the said party of the lirst part ha 3 hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the i?rescnce of ,r---. ......._ ...........(SEAL) D. i'l. Le a .so ].n• as ...n (SEAL) Daniel N. Lorenz (SEAL) STATE OF COLORADO / . se. The foregoing instrument was ;tcicnowledged before ate. this ............... ...............day of . ,qu€st,YAf UV,eld. Au,glAti , 19..54, by."P......N".....Lo.x:e. z....$.]:9.S....kn.otirn r. aB...11?>-1a4._.N.......Ln.re.xla......_.,......._._...._ Witness My I -land and Official Seal My Commission Expires C r October 1,...._7.953. WARRANTY DEED —To joint Tenants --McVey Printery, Greele', Colorado. Not ry Public, • SKLD, Inc. LG SKL13209 WE 1088783-1950.002 a, STATE OF COLORADO, ) COUNTY OF WELD. )so. or ooh 589 Recorded at ,all oteloc P M. _mu_ _Nee_ Reception No. 15114 u*t woo" , Recorder. I —I KNOW ALL MEN IVY THESE PRESENTS, That FRED LORENZ and MARY E. LORENZ of the County of - Weld , and State of Colorado, odor the consideration of - - OTHER VALUADLE CONSIDERATIONS AND TEN -Dollars, 1n hand paid hereby sell and convey to RUSSELL L. i'}OSIFo. and KATHRYN E. 140SIER >a Joint Tenants alt the Coun ty of Weld , and State of Colorado, =the following real property, situate in the County of Weld 111 and State of Colorado, to -wit: wt Ft The Southwest Quarter (SW1) of Section Twenty-three (23), in Township Four (4) Worth, Range 66 West of the 6th P.N., together za"with one (1) share of the capital stock of the Platte Valley Irriga- a tion Company; irrigation well, pump, motor and appurtenances thereto, ''together with all other water, water rights, ditches and ditch rights - 0 of -way appurtenant thereto. EXCEPTING therefrom a parcel of land located in the NW corner of the SWk of said Section 23, comprising about 2 acres, more or less, de— scribed as follows; ,.t Beginning at the NW corner of the SWk, of said Section 23, thence itiSout- 236 feet, thence East parallel with the North line of said section /4 feet, thence North 236 feet, thence West 474 feet, more or leas, to the place of beginning. ALSO EXCEPTING that portion of the Nnik of said property lying north and west of the East line of the right-of-way of the Union Pacific Railroad Company, with al} its appurtenances, and warrant the title to the same, subject to reservations contained in US, Patent, right-ot-way of the Union Pacific Railroad Corn - puny' resereat ens end ice dos contained in,deeds contained in Book 233, pages 71 end dZb7, or said records) inclusion within the Northern Colorado Water Conservancy District, the Platte Valley Soil Conservation District, and the LaSalle Fire Protectint'• District; the right of the owner of im- provements located in the NW corner of the SW1 of said Section 23, to use water from said irrigation well for the purpose of irrigating the lawn surrounding the said improvements, as contained in Warranty Deed recorded in Book 1406, page 243, of the Weld County Records. Signed and delivered this 1day of January , A. D. 19 67, AL) (SEAL) (SEAL) The foregoing instrument was acknowledged before me this ' day of January, 1967, by" FRED LORENZ and MARY E. LORENZ. �riE thy, hand and official seal. /�� C//� ' ,y4dmm'1� expires . .r/ `p�ARY , w i ".0_1..144 • , J•1f [W..° • by .nrAVOL person or pereuns herein insert name or names; if by persons acting lit OFP sentative or official capacity or ao attorney -in -fact, then insert name of personas executor, attorney -in fact or other capacity or description; if by officer of corporation, then insert name of such office or officers, ae the president or other officers of such corporation, naming it. -- STATUTORY ACKNOWLEDGMENT, SESSION 1927. e5, o o •y.t./Iy,/ WARP.ANTY DEED Statutory Form Notary Public. SKLD, Inc. 5KL13209 WE 1511442-1968.002 T'M's STATE Qv Cn1OiLAOO ieuthe OrrIC1 Or THE Leen. fieelaTAAe -sr Ydrilk amine') COSY Of MATH ACCORD 1.1ITV. TIM%1RL DTIYw area _ yrs i AAA1eM __ Wa.M1,77004 fil SHIT WRNS moms. S eni L11/170 VMS( MOO rid, 7. R..Rw.ZI me t A.amdsa ...ws tl war. D 11i ANION wwi M TAOwYN I/. PAM ar aewm L psensHal CAVONAITi IWALSIATI HALM {I1 . IWA.1a.MIN Y IS .O1AT. SWIM SOISISIT .w Yfa O MO r. * 11.00.11A1f1. A /ARMY YOa Ito <I 1/1 II ' II. ATIMAN*AM1IATCiUM IAt Calmer of renl.r E.iw 1AANgm44` 1 mm40(o Smtili O CZ. k.t. Norm fel Artario clargtin nnarr THewo A.aT it.) 1Y. AKUwCMT CM NUMMI,. AlA, ACACA M. HON NI T OCHOUI W. Ti0I w N... YA.IA. OAr. T� weft NO. a1A ROAY OCCURRED AC+. MACS Or IANIAT WRNS AT NOT WMAA HORN Q AIWA'S 0, II, I.N..w+NDA-I110frm -47 ,i. 1o....IR .rNAio4, ,.�w.N,10.606& D,y1.,...•..4 A .^1in Y.. M IM WI NMN ARAM N,E4. AA.IN Ni 1H AMWdR.fA. 0. awl ANA, {D•pw w nekt �W r........ IIAa AMT1 aMAUD PSI A17 L ET. Creole .ColociA0 10-9.68 spa. arm.. MIAYri IM j ILKRM.OA TRYLTOA W 4R K MYRMM1t IAA 4aC11\.Ow Bur Oct. 11. 19681 Ltms Grove C4Natorf Grant y Colorado____,,... N...a.l SA *And RIM, UT 1100, Y. f1A1gIL ORIId'IOR .- r. Ootobar O1w1T us IT, AAA AA..O. NIANWI1CACNIMe- N Me -Own, 1TATt reene I MC, OUT. TN.N, OR L.(ATNRI • I (CRT ITT THAT I HOLD INC 011ICC 0r LOCAL REGISTRAR Or VITAL STAT IsTIC1 131. 10.14 COUntY a EO SY LA. TO IC INFORMATIONMACT0 AVE rORTH1TODY of ASOYC WASHE DEATH COAUICTLYECONS COTICO FROMIRA IILCORU Of DEATH IN MY OITOTIK CtrrICL AND THAT ,,1;1..1.H ON.I.A,y, HO1r1Ui:ID WITHOUT T t.CAt A�ALIT RAI II 1►L1 n COLORADO STATE Ot IARTMEMT OF PUILiC HIALT.I AD AS 16s (5-66.100) WITNESS HT HAND AND Ital. DI LOCAL At OI ON TWIG 20th} DAY .19_68 LOCAL REGISTRAR or VITAL 5TATIATICa DISTRICT NO. Tan ri LE H0. 435 ti O R1 . COLORADO SKLD, Inc. SKL13209 WE 1523524-1968.001 Retarded of ...,...../.r2 aaxk ... ,�„p.2.71979 ,,.. se ers 1.L egi 891 RP. . No. 1S12SG'' r Mote of Colorado, Wahl Counlw Clerk G Recorder CO —PERSONAL REPRESENTATIVES' DEED THIS DEED is made by PAUL C. LORENZ and IVAN L. LORENZ, as Co - Personal Representatives of the Estate of Bertha C. Lorenz, Deceased, Grantors, to KEVIN W. SCHMIDT, DARWIN R. SCHMIDT and ROY A. SCHMIDT, as 7 tenants in common, whose address is c/o 19256 Weld County Road 37, LaSalle, Colorado 80645, Grantees. WHEREAS, the above -named decadent in her lifetime made and executed O her Last Will and Testament dated May 2S, 1978, whioh Will was duly ad- mitted to informal probate on March 23, 1979, by the District Court in o and for the County of Weld and State of Colorado, Probate No. 79 PR 68; and 0 WHEREAS, Grantors were duly appointed Co -Personal Representatives of said Estate on March 23, 1979, and are now qualified and acting in said capacity; N NOW, THEREFORE, pursuant to the power conferred upon Grantors by CRS '73, 15-1-603 of the Colorado Probate Code, and for the considers- _~ tion of other good and valuable consideration and TEN AND NO/100 Dollars W4 Grantors sell and convey to Grantees as tenants in common the following h; real property in Weld County, Colorado: The Northwest Quarter (NW1/4) of Section Twenty-three (23), Township Four (4) North, Range Sixty-six (66) West of the 5th P.M., Weld County, Colorado, excepting that portion in the Northwest corner thereof lying North and West of the East line of the right of way of the Union Pacific Railway Company, as the same now ex- ists over and across said land; excepting also that land covered, occupied and used by that certain reservoir commonly known as Great Bend Reservoir No. 5; Also parcel of land in the Southwest Quarter (SW1/4) of Section Twenty-three (23), Township Four (4) North, Range cra Sixty-six (66) West of the 6th P.M., Weld County, Colorado,'more particularly described as follows: Be- e- ginning at the Northwest Corner of the Southwest Quarter of said Section 23, thence South 236', thence East pa- ts rallel with the North line of said Section 474', thence o North 236', thence West 474', more or less, to the place of beginning, except parcel as conveyed by deed recorded in Book 956, Page 367, Weld County Records, and except t] le coal reservations contained in deed recorded in Book 201, Page 430, Weld County Records; TOGETHER with 1E shares of Western Mutual Ditch Co. and Well No. 1 decreed July 1953 for 2.89 cfs to Bertha C. Lorenz in W-544; RESERVING unto Grantors all oil, gas and minerals and mineral rights, together with full right of ingress and egress to drill and mine the came and the right to use so much of the surface of said premises as is reasonably necessary to produce and remove such oil, gas and other minerals, with all appurtenances, subject to U.S. Patent recorded in Book 153 at Page 463, Weld County Records, reservation of coal by deed recorded in Book 201 at Page 430, Weld County Records, railroad right of way by deed recorded in Book 201 at Page 430, Weld County Records, reservation of lands by instrument recorded in Book 956 at Page 307, Weld County Records, road rights of way by instrument recorded in Book 86 at Page 273, Weld County Records, rights of way for ditches, right of way for pipeline by instrument recorded in Book 748 under Reception No. 1669973, Weld County Records, oil and gas lease recorded in Book 583 under Reception No. 1605493, Weld County Records. gnatatearglatMang SKID, Inc. SKL13209 WE 1812867-1979.001 891 1812867 c.7s To induce any person at any time hereafter to acquire an interest in, or to insure the title to, the above -described property, Grantors, by the execution of this deed, and the Grantees by the acceptance and recording of it, each represent and declare that the Grantees are not Grantors' spouse, agent or attorney, or corporation or trust in which Grantors have a beneficial interest; and that this deed is not part of a transaction which is affected by a conflict of interest on the part of the co -personal representatives. Executed Dece,m .v^ .904.4 ITN e, 1)C '• „ice! ...r x Pau1.C.•Lorenz ;) Ivan L. Lorenz Co -Personal Representatives of the Estate.of Bertha C. Lorenz, Deceased STATE OF COLORADO,, ) COUNTY OF WELD ' ' ) ss. The foregoing instrument was acknowledged, before me this ib day of December, 1979, by Paul C. Lorenz as one of the Coi-Personna7 Representatives of the Estate of Bertha C. Lorenz, Deceased. 0y Y..Wirhiiess my hand and official seal. :4,. 4f y{y�ommi ission expires N \ -4,-.fl ''!r4' o F c''' 4 STATE OF COLORADO ) COUNTY OF LA PLATA ) ss. I- la -. 8'3. BLS T1W foregoing instrument was acknowledged before me this mu, �ti • day;DiV.:IGember, 1979, by Ivan L. Lorenz as one of the Co -Personal .• present'a..ves of the Estate of Bertha C. Lorenz, Deceased. Witnegg my hand and official seal. My' C' esion expires ' )i , w.izv 'E J`IY1 NOTARY -PUBLIC SKLD, Inc. SKL13209 WE 1812867-1979.002 AK19c'97n4 : „ i•! i• v.,. 4 i.' E••• • • •• ri�r3 i f,rirJ +I ! Iii I•:•!f I N I I I I -•r f. 3tl f IIf fi r Idi 3 I' RECORDED EXEMPTION N= 7 /Pr II I If 1057 —23 -2 -RE 600 'to N yl , yjr efif /[.rct ‘1,,4e odrt/ 4..ws •tiles Cl r.s`'r P3fML .�� 7`/ G-eier riri' par -.14 er)44 -.rpm Ave. rrwe /4,011 e, .yrw,4rGwe NA/5p / h s« r� .....v- '0,-./....A- .✓y�iVi�/Ad. w.f.le- j / "- 0 i• r.P.-x-es i✓ w -4.4L N6 N ,, AO r 1M v. w. \ f j1r.,7 /c-4 ' u� " 4q //rte ) r. 11- ). A f 'I T _ '8' /.%0 A t,F 4//v 4 ® dies tlr/ IPM 4W/ .4, 24r r-GP6,w- �/e•mvir /WA ,4. rM i / MOP 401, A- , ,DIn+rw.:, R. , 1 .45-chms, Ivy /91:6-G AviC.P �7 „co, ale X+ /a .edG fsir- nor, k FREESE ENGINEERING 13-41 SKLD, Inc. SKL13209 WE 1929764-1983.001 ;t ()999 I'{ i' (•) f �' 7ti'" ()fr t' f' r n rv� u .K� ax lJi�ri e � /f){, RECORDED EXEMPTION N° 1057-23-2-RE.600 LEGAL DESCRIPTION All of the Northwest Quarter lying South and East of the Union Pacific Railroad, Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado EXCEPT: Part of the Northeast Quarter of the Northwest Quarter of said Section 23, Beginning at the Northeast Corner of the Northwest Quarter South to ditch, thence West 203 feet, Thence North to the Section Line, Thence East to the Point of Beginning. Said —described -parcel. of- land.sontains 137-•sores,-morel--or.-]Qee; -and is - subject to any rights-af--way or other easements as redorded by instruments of record or as now existing on said described parcel of land. IDT "A" A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described as follove; Beginning at the Northeast Corner of said Northwest Quarter and considering the North Line an bearing South 9o°00'00" West with all other bearings contained herein relative thereto; Thence South 90°00'00" West, along said North Line 204 feet to the True Paint of Beginning; Thence South 00°00'00" East, 149.53 feet; Thence South 80°52'45" West, 487.29 feet; Thence South 84°17'47" West, 284:34 feet; Thence South 87°15'49" West, 288.51 feet; Thence South 70°45'51" West, 492.34 feet;to a point on the East right-of-way line of the Union Pacific Railroad; Thence North 41°08'20" East, along said right-of-way, 572.30 feet to a point on the said North Line; Thence North 90°00,00" East, 1140.59 feet, along said North Line to the True Point of Beginning. Said -described parcel of land contains 7.244 acres, more or less, and is subject to any rights -of -way or other easements es recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that the adjoining map and legal description wer under my personal supervision and is a true and accurate reprea existing conditions to the best of my k .wledge. Jas Colo a. PE & LS #43 PROPERTY OWNER'S APPRO We, Roy A. Schmidt, Darwin R. Schmidt, and Kevin . Schmidt bein fee of the above described property do hereby subdivided the same the a ached map /� 0'f4 f� .*rte( y r 0,44,-.1:\ Roy A.,SSchmidt Darwin R. Schmidt The foregoing certification was acknowledged before me this A.D. 1983. Witness my hand and seal. irlo ary Public COMMISSIONER'S CERTIFICATE ..The,.aoo.ompanying.-.plat_. i.s-.acce.pted,.and..appr.oved or...,f Ling.. County Clerk a t'+>�€x 6F e4� a ighlowi5° on n Kevin W. Schmidt } .,';.' \'147'• -1(" •1 46 VI: . - ty commissioners FREESE ENGINE' RING 83 -41 it SKLD, Inc. SKL13209 WE 1929764-1983.002 AR2256722 B 1304 REC 02256722 07/19/91 10:10 $5.00 1/001 0.— F 2004 NARY ANN FEUERSTEIN CLERIC & REICOPDER WELD CO1 Co QUIT CLAIM DEED THIN DEED, Made this 0th day of July , 1491 , bowel RUSSELL L. MOSIER and KATHRYN E. MOSIER of the 'Coumy of Weld and State of Colgnsdo, grsniorts), and KEVIN W. SCHMIDT, DARWIN R. SCHMIDT and ROY A. SCHMIDT, as Tenants in Common whose legal sewn:: is 19256 Weld County Road 37, LaSalle of the County of Weld and State of Colorado, 3mm:eta), wrrNES56TH, That the grantorts), fur acid in consideratlnn of the sum of TEM and NO/10O ($10.00) DOLLARS the receipt and sufficiency of which Is hereby acknowledged, he ve remised. released. sold, convoyed and QUIT CLAIMED, and by these (resents do remise, release, tall, convey and QUIT CLAIM unto the grnniae(s), their heirs, auccansnra and waive, i loner•, all the right, title, ImacesI. Claim and demand which the granior(s) have In and to the neat properly, together with improvements. if any, situate. lying and being in the County of Weld and Slate of Coiondo, described as fellows; Part of the Southwest Quarter (SW2a) of Section 23, Townt€hip 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particular) described as follows: Beginning at the West Quarter Corner W Cor1 o f said considering the Wes line of the Southwest WSection23 and Quarter said Section as bearing South ..0o.03'34".West and with all other bearings contained herein relative thereto' Thence South 89°57'46" East along the North line of the Southwest Quarter (SWit) of Section 23, 2660.9g feet to the Center Corner (CenCor) of said Section 231 Thence South 00°00'15" West along the East line of the Southwest Quarter (SW1i), 100.43 f8et; Thence South 88 00'51" West, 2160.16 feet; Thence South 1 89'35" East, 235.77 feet; Thence South 89 02'42" West, 507.15 feet to a point on the West lists of the Southwest Quarter (sw>x) o1! Section 231 MiMmisititisfcmitatmassmumicass Thence North 00 03'34" East, along the West line of the Southwest Quarter (SW) of Section 23, 421.19 feet to the Point of Beginning. '110 HAVE AND TO HOLD the same, togothor with all and singular the appurtenances and privileges thereunto belonging or in anywise thermal) appertaining, and all the estate, right, tile, interest and claim whatsoever. of the granlorts), eilhor in law or equity, to the only proper use, benefit and behoof of the grantee(s), heirs and assigns forever, IN WITNESS WHEREOF. The grantor(:) have eeeeulud this dcod on am dale set torah above. STATE OF COLORADO, lS2�,stis lt�I KATHRYN E. MOSIER 4 65. County of 11 by7ly_Fa�,mgoing Meru gntwas sFkn fodg� metht.i�� eyof My commission axpiragoix Commission EGttls9 Cr12, 19 Whom my hand and official scat, ��ryry�� tyrj'y`�� r *Said described parcel contains 11.685 acres, more or learnt is subjebt'to any righte-of-way or other easements as recorded by instruments of record or es now existing on said described parcel of land. alit In Denver. Insert "City and," Na. 9JJ. fix 384. QUITCLAIM we Bradford wHIAim, 1743 Wean at.. Pewee CU &OSnr —f l03t 7c2.10ee-- lore SKLD, Inc. SKL13209 WE 2256722-1991.001 A02323L33 ott' 1)71 D I070 ROC 02323/33 22/26/91 01:51 310.00 1/901 F 2228 MARY AN5 FED2RSTEIN CLEP.1( d RECORDER 100131 CC, CD NW CAR SEC.23-4-BE w 01/4 SCR 5¢.23-4.66 ^" 4 niR N.O0°O3'34'E. 185.19' NA0°O3'34E. 236.00' N.00933'34"E. 2230.96' RECORDED EXEMPTION NE 1057 -23 -3 -RE 1282 LOCATED IN THE NW l/4 AND THE SW l/4 OF SEC 23,'3 4 N., R.66 W. OF THE 6TH RM.,WELD CO.,COLO. NOTE: THE PROPERTY SHALL BE MAINTAINED IN COMPLIANCE WITH PANHANDLE EASTERN PIPE LINE COMPANY'S RIGHT -OP -NAT. 89° 57'46"E. VE pfr S. B9°O 2'a2" W +' ( N.69°02'42'0:.) 507.15' NOTE; ONLY LOT 'A' SURVEYED. SW COR SEC.23-4-66 r)Le'rrL. NCR 44 N. 90'00'[0"E. 40.59 LOT 'A' REC.E8.401357-23-2 -RE I930 SB4°1T'41 W. 6.6795'49 4.34 288.51 St3D'52'45. 57.2g LOT 'B' OF EEC. EX. NS1037-23-2-RE600 LOT1B 4d. ACRES 2660.99' 5,BB°00'51''W. 2160.18' THIS AREA R OF POSSIBLE DISPUTE DEEDED BY: RUSSELL L.MOSEA B KATHRYN E. MOSER TO: KEVIN W. SCHMIDT, DARWIN N.-SCHMIDT, 4740 ROY A. SCHMIDT AS R¢9RDED WELD CO. RECORDS 40006 1304 REC 02256722 07-19-91 N 1/403R SEC.23 -4 -66 ry v m 300 SCALE: I"0300' ■ -PIN FOVNpC • -PIN SET 104 REBAR WRH YELLOW PLASTIC CAP FE L54392(TYPI. '2 DINNERS: ROY SCHMIDT, DARWIN R. SCHMIDT, 6 KEVIN W. SCHMIDT I/O DARWIN R. SCHMIDT 20430 VCR 33 LA SALLE,CO 60645 ONTR.CCR. 502.23-4.66 wla4" cw��F LOT'A' • 2.733 +Ac. LOT'S' •11.4 sr AC. TOTAL 117. ACRES NOTICE; According to Coimrado law you must eoomeoce any lege) mites hued upon enfact thin survey within Ouse (3) yeere alter you firer dlecortrr mill de- fect, In no event, may any action based upon any defeat in this ey be com- menced more then ten years from the date of the certiflcatlon ehona hereon. NOTE: At the request of our client, recorded easements and rights -of -way have not L raaearched by tie or shown on Ode plat. The esaemeata and rtghta-ad-nay which may be shown hereon may not be complete, acre bawd on gars) fsflroaaltion, end are to he used only in this context. LOCAL DESCRIPTION Lot "B" of Recorded Exemption No. (057 23-2-RE603 as recorded dune 1, 1963 in Book 5939 Reception No. /1529164 AND located In the Northwest Quarter (NW₹) of Section 23, Township 4 North. Range 66 Wool of the 6111 P.M., Weld County, Cob - redo, AND a permit of ground as conveyed by Quit Claim Deed recorded at Book 1304, Reception No. 02256722 on .1µ(y 15, 1951 CescAbed ea follows; Port of the Southwest Quarter (5111) of Section 23, Township 4 North, Range 66 Neat of the 6th P.M., Held County, Colorado, being more particularly described ea follows: Beginning at the West Quarter Corner (Ulcer) of said Section 23 and considering the West line of the Southwest Quarter (SWil of said Section 23 as bearing South 06"53'34' West and with all other bearings contained herein relative thereto: Thence South 69^57'45" East along the North line of the Southwest Quarter (SWj) of ,1v,5eetton 23, 2066.05 feet 10 the Center Corner (Cancer) of said Section 22: j a Theca South 50'61'11" Went Wong the East line of the Southwest Quarter (2101), T`? '300.43 feet; Thcnec South 86°00'52" West, 2160.18 feet; Thence South 1°29'25" East, 1235.77 feet: Thence South 63°02'42" West. 567.15 feet to a pent on the West hoe of `4 the Southwest Quarter ISW)) of Section 23; Thence North 00°03'34" East, along the r' flee! lino of the Southwest Quarter 1514?) of Section 23, 421.19 feet to the Point of Beginning. SURVEYOR'S CERTIFICATE I. Jasper Freese, s Regielored Profuaeionol Lend Surveyor In the Stele of Colorado do hereby certify that this Recorded Exemption plat was prepared under my personal accurate representation thereof. I further lies with all appltcable rules, regulations, Board of Regietratlon for Professional 26 VICINITY NAP SCALE:I"e 2000' supervision, and that this plot certify that the survey and and laws of the State of Engineand Prota's' Colorado Re Dale PROYAL We, Soy A. Schmidt, Darwin R. Schmidt, and Eerie W. Schmidt, being the sole owners in Inc of the above described property do hereby subdivide the same so shown on the attached map. We understand this property is located in the A -Agricultural zone district to it also Intended to provide ereae for the conduct of other uses by right, accessory neer, and use. by special review. Roy Schmidt Derwin A. Schmidt Nevis W. Schmidt STATE OF COLORADO ) COUNTY OF WELD orlon was acknowledged before me this day of ,by Roy A. Schmidt, Darwin R. Sohm33dt, and Kenn Tr. and and meal. 454:tf...4-""milg, 1993 ft tJ Notary PubIIo .YYgaf / 42'!:,,./41-.l C4, This plat is aceeptad and approved for filing. Department of Planning Servioee Director rho �+ing ce acowledged lhlry pRTT�ZIMoyofiat n waskn, i99 n� my ha end ei. Sty Commiaeion expires: algrom mmerc:a.er94t913' At RECORDED EXEMPTION NO.1057-23-2-RE1263 LOCATED (N THE NW V4 AND THE 5W I./4 OF SEC. 23 ,T.4 H., R.88 W. OF THE 6TH P.M., WELD C0.,COLO. PROJECT: 1990-650 SATE; DQT, 1992 REVISED; JAN. 1993 FREESE ENGINEERING 1523 6TN AVENUE GREELEY, C080631 2323133-1993.001 SKL13209 (3 H • y ARZ12 4215 B 1373 REC 02324213 03/05/93 15:59 $10.00 1/002 F 0246 MARY ANN FEUERSTEIN CLERK & RECORDER WELD COr CO t WARRANTY DEED THIS DEED, Made this 26th day of February t9 93 , hctwe n KEVIN W. SCHMIDT. DARWIN R. SCHMIDT and ,I ROY A. SCHMXDT i i of the *county of Weld State of Colorado, grantor, and MAXWELL KENT HICKMAN and DIANA C. HICKMAN I1 of the County of Boulder and State of Colorado, grantccs: i WITNESS. that the grantor. for and in consitteradon of the sum of One Hundred Ninety Five Thousand and 00/100ths — DOLLARS. the receipt and sufficiency of which is hereby acknowledged. has granted. bargained, sold and tt veycd, and by these presents does grant. bargain, Nell, convey andconfrm unto the grantees. their heirs and assigns foreer, not in tenancy in common but In joint tenancy, all the real property. together with improvements. if any, situate, lying and being in the County of WELD and State of Colorado. described as futlows: and =muff Date 316N3faS $ I whose legal address is 1634 Sunset Street Longmont, Colorado 80501 SEE EXHIBIT 'A" ATTACHED HPREPO also known by street and number as vacant land TOGETHER with all and singular the hereditament.~ and appurtenances thereunto belonging, or in anywise appertaining and the rereraton and reversions, remainder and remainders. rends, issues and moths 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 above bargained premises, with die heseditaments and appurtenances, 7'Q HAVE AND TQ HOEDthe grid premises above bargained and described. with the appurtenances, unto the grantees, their heirs and &aligns forever, And the grantor. for himself, his heirs and personal representatives, dew covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, ho Is well wired of the premLscs above conveyed, has good, sum, perfect, absolute and indefeasible estate of inheritance, in law, in fns simple, and has gaud right, full power rind lawful authority to gram, bargain, sell and convey rho same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes, assessments, cncumbrances and restrictions of whatever kind or nano sower, accept general taxes Por 1993 and subsequent years; except easements. restrictions, covenants, conditions, reservations and rights of way of record, if any; except Oil and Gas Lease recorded January 16, 1973 in Book 683 as Reception No. 1605493 The grantor shat and will WARRANT AND FOREVER DEFEND the above•bargairted premises In the quiet and peaceable possession of the granwori. their heirs Hod assigns, against all and emery person or pcnons linufully claiming the whole or any part themoi. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHOKEOF (ho aruntur her executed this Eked or the Use rat forth above, - L ;,waiver -]�f— KEV W. SCHMI 'DARWIN R. SCHMIDT 4-11 ROY A f. SCHMIDT STATE OF COLORADO County or WELL) The foregoing instrument was acknowledged before me this 26th day of February by xovin W. Schmidt, Darwin R. Schmidt and Roy A. Schmidt Jr • if in Denver, inun "City und," SS. 'Mulch's my rand and ufaca:d Kcal, My Commission expire. December 1 �• �CCGa 107*v, i rt►� .1993 , ww,rradmO l7 1994 . Nam aol Addressor f aura Conan" Pku1y Crgnrd tepl txnrnptloo al 364 5.100.5.CRS',) No. 921A. 1ta•+. 3.155. WARRA.+rrY DEW e i 3N nr TMU.Rr Brudturd rubliihin3, 1743 Warne Sr.. Dnonr, CO no1o1 — a 1a11192.21aa —14V r SKLD, Inc. LG SKL13209 WE 2324213-1993.001 B 1373 REC 02324213 03/05/93 15:59 $10.00 2/002 F 0249 MARY ANN FEUERSTEIN CLERK & RECORDER WELL) CO, CO "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 1057-23-2-RE1282 recorded February 26, 1993 in Book 1371 as Reception No. 02323133, being a part of the W1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the NW1/4 included in the main ditch known as the Great Bend Ditch running across the North part of said NW1/4 from West to East and being a strip of land 25 foot each way from the center of said ditch. ALSO EXCEPTING all that part of the NW1/4 and that part of the SW1/4 of Section 23, Township 4 North, Range 66 West of the 6th P.M , Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering the East line of the NW1/4 of Section 23 as bearing South 00 degrees 08 minutes 15 seconds West and with all other bearings contained herein relative thereto: Thence South 00 degrees 08 minutes 15 seconds West along the East line of the NW1/4 636.18 feet to the True Point of Beginning; thence continuing South 00 degrees 08 minutes 15 seconds West, 2104.72 feet; thence South 88 degrees 00 minutes 51 seconds West, 466.61 feet; thence North 20 degrees 59 minutes 12 seconds West, 639.75 feet; thence North 09 degrees 25 minutes 09 seconds East, 796.94 feet; thence North 29 degrees 50 minutes 27 seconds East, 524.30 feet; thence North 47 degrees 34 minutes 29 seconds East 41B.86 feet to the True Point of Beginning. TOGETHER WITH seventeen (17) shares of the capital stock of the Western mutual Ditch Company TOGETHER WITH Irrigation Well No. Permit No. 0767 as adjudicated in Case No. W544 SKLD, Inc. LG SKL13209 WE 2324213-1993.002 1 111111 11111 11111 111111114113111M 111111113Ill! 1111 d County, CO 692 1 dor 2 2 R011.00 0D 188,0112 Steve 07 10:2A e!Moreno Clerk 6, Recorder WARRANTY DEED THIS DEED, Made this 29th day of March, 2007 between Maxwell Kent Hickman and Diana C. Hickman of the County of Weld, Stale of Colorado, grantor and Big Thompson Investment Holdings, LLC, A Colorado Limited Liability Company whose legal address is: 1205 W, Elizabeth St., Piv1B N (34,Ft. Collins, CO 80521 0 C.- 13t of the County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for end in consideration of the sum of One Million Three Hundred Eighty Thousand Dollars and NO/100's (51,380,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, and State of COLORADO, described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as Vacant Land, Weld County, CO TOGETHER with all and singular the hereditaments and appurtenances tlteretmto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with (he hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, diet at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 85 "Title Review", of the contract dated May 15, 2006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date sct forth above. SELLERS: TATE OF COLORADO Jan: COUNTY OF Weld Diann C. Hie nna an as attorney in fact The foregoing instrument was acknowledged before me this 29th day of March, 2007 by Maxwell Kent Hickman individually and as attorney in fact fur Diana C. Hickman Witness my hand and official seal, My Commission expires: 7/15/09 NotaryPu. is CARRIE WALKER NOTARY PUBLIC STATE OF COLORADO 15, 2009 WW1 IOTO Warranty Deed (For Photographic Record) updated 112006 Security Title File No. S0143523 SKLD, Inc. SICL13209 WE 3466592-2007.001 i till!! f IIII liiil I�IIIII Ilfi IIII flllfl1 III H111111111 3466692 04/04/2007 10:22/1 Weld County, CO 2 of 2 R 11.00 lJ 138.00 Steve Moreno Clerk 8 Recorder Exhibit A Lot B of Recorded Exemption No. 1057-23-2-REt 282 recorded February 26, 1993 in Book 1371 as Reception No. 02323133, being a part of the West %z of Section 23, Township 4 North, Range 66 West of the 6a' P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the Northwest'/. included in the main ditch known as the Great Bend Ditch running across the North part of -said Northwest 'I. from West to East and being a strip of land 25 feet each way from the center of said ditch. ALSO EXCEPTING all that part of the Northwest % and that part of the Southwest Is of Section 23, Township 4 North, Range 66 West of the 6`h P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering the East line of the Northwest Y. of Section 23 as hearing South 00°08'15" West and with all other bearings contained herein relative thereto: Thence South 00°08'15" West along the East line of the Northwest IIh 636.18 feet to the True Point of Beginning; thence continuing South 00°08' I S" West, 2104.72 feet; thence South 88°00'51" West, 466.61 feet; thence North 20°59'12" West, 639.75 feet; thence North 09°59' 12" West, 639.75 feet; thence North 09°25'09" East, 796.94 feet; thence North 29°50'27" East, 524.30 feet; thence North 47°34'29" East 418,88 feet to the True Point of Beginning, County of Weld, State of Colorado, SKL1], Inc. SKL13209 WE 3466592-2007.002 5y 387 dittil111111111111III1II1f IIIIIIIIllJ 3485592 04104120Q7 10.22A Weld County, CO 11II VIII 1 of 2 R 11.00 0 136,00 Steve Marano Nita Recorder WARRANTY DEED THIS DEED, Made this 29th day of March, 2007 between Maxwell Kent Hickman and Diana C, Hickman of the County of Weld, State of Colorado, grantor and Big Thompson Investment Holdings, LLC, A Colorado Limited Liability Company whose legal address is: 1205 W, Elizabeth St., PMB rfI34,Ft. Collins, CO 60521 k3f. . of the County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of One Almon Three Hundred Eighty Thousand Dollars and NO/100's (51,380,000,00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, salt, convey and confirm, unto the grantee, his heirs and amigns forever, all the rent property together with improvements, irony, situate, lying and being in the County of Weld, and State of COLORADO, described as follows: See Exhibit A attached hereto and made a pan hereof. THIS DEED IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION SHOWN ON EXHIBIT A. also known by street and number as Vacant Land, Weld County, CO TOGETHER with ail and singular the hereditamonis and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rem., issues and profits thereof, and ail the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredltaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and ferns as aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soccer, except all taxes and assessments for the current year, a lien but not yet clue or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated May 15, 2.006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shell be applicable to all gender°, IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLERS: Hnc man Diana C. Hic ATE OP COLORADO lsa; COUNTY OF Weld nl 're an es attorney in fact The foregoing instrument was acknowledged before me this 29th day of March, 2007 by Maxwell Kent Hickman individually and as attorney in fact for Diana C. Hickman Witness my hand and official seal, My Commission expires: 7/15/09 Notary pia se CARRIE WALKER NOTARY PUBLIC STATE OF COLORADO ht,; !;r ;r,•.'. „: ;c'4' s:,t 16.2811h WOPHOTO Wamnty rind (Far Phutogrephic Record) updated 11Z9n6 f HEID �II1111110 lI il� hill 111111 1(1 11111 1111 liii 3481387 08/06!2007 10.08A Weld County, CO 1 of 3 R 10.00 D 0.00 Steve Moreno Clerk & Recorder Security Title File No, 50143513 z 4b DA. (Z5fv).t SKLD, Inc. SKL13209 WE 3481367-2007.001 1 111111111111 DII IIII 1111111 III IIIII IIII 1111 8692 04/04/2007 10;22A Weld County, CO 2 of 2 R 11.00 D 138,00 Sieve Moreno Clerk & Recorder Exhibit A Lot B of Recorded Exemption No. 1057.23-2-REI282 recorded February 26, 1993 in Book 1371 as Reception No.02323133, being a port oldie West . of Section 23, Township 4 North, Range 66 West of thr 6's P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM all that part of the Northwest V. included in the main ditch known as the Great Bend Ditch running across the North part of said Northwest A from West to East and being a strip of land 25 feet each way from the center of said ditch. ALSO EXCEPTING all that part of the Northwest V, end that part of the Southwest V. of Section 23, Township 4 North, Range 66 West of the 6`s P,M., Weld County, Colorado, heing more particularly described as follows: Beginning at the North Quarter Corner of Section 23 and considering tho East line of the Northwest''/. of Section 23 us bearing South 00°08'15" West and with all other hearings contained herein relative thereto: Thence South 00°08'15" West along the East line of the Northwest % 636.18 feet to the True Point of Beginning; thence continuing South 00°08'15" West, 2104.72 feet; thence South 88°00'51" West, 466.61 feet; thence North 20°59'12" West, 639.75 feet; ; thence North 09°25'09" East, 796.94 feet; thence North 29°50'27" East, 524.30 feet: thence North 47°34'29" East 418.88 feet to the True Point of Beginning, County of Weld, State of Colorado, 111111111111111111111111111111111111111 1II IIIII 1111 II11 3401387 06/06/2007 10;00A Weld County, CO 2 of 3 R 16.00 0 0.00 Cleve Moreno Clerk & Recorder SKLD, Inc. SKL13209 WE 3481387-2007.002 r 1110111111111111 II111111111 IIII IDII III 1111111111111 3491387 06!0612007 10:08A Weld County, CO 3 of 3 R 10.00 D 0,00 Steve Moreno Clerk & Recorder 1 hereby certify that the within instrument Is a hp duplicate of the Original filed in my office. -Witness my hand and official seal this c�.511' day of kid County Cer:t an.i li?.cerder Weld County, Colorado Byv Deputy SKID, Inc. SKL13209 WE 3481387-2007.003 RECORDED EXEMPTION NO. 1057-23-2 RE -4914 OF A. PART OF LOT B RE -1282 BEING A PART OF THE WEST 1/2 OF' SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO Corps 6,:.0 200 w 200 610 H 1EET • x07 - ROOn_ S PAILS O9,n <5, CTI13 R COPPE nAVEON a TmNAN9SWOT . r ASCU/966µW GIP in O`6e�lNY 90i S1,uu2n ?,Hexes >.®43- 519. k6 w¢. (LOT e, SOCES.'OCve 500.19' \GP PIG iSn ant i9-. 1695.59 T /' COUIP Soca Cr II, 9C51E1ix SLIr.r.L CTL3 / /YL'TYN15i Pn. LOT A S.,x1 ACM GROSS LOT A-.L.P9 ACRPS NM' LOT 2.107,10 AGMs GROSS LOT 8.101.01 SClffT NW SOW, 9 s 90'00 Gr... r: Marl. aa � w Mme. P V. n' U.°. M VM MGM lrrLOO.e n61P ,n.Omw...onn MAT a, i...^m6..6rnvt �c ¢ Lr. olcaiOOS v".}artyCOO.. Mat 0.4176.4 .omm,,. L.10 monsoon w .m CCY1R. .ons ono opt, or lop On. Wei MAC 1 Cr nnar� ,arosT camp N. . a �'mw. MT am ppp ¢ara 000. w.n rcmo: lsxm..r .0107 . Mae .m-Oss6.ER mea s 'HEIR. ooN. ee AIII 5 ,AASPHALT GP OR MELO. 11 99'50]T'L .15.6? L CS.OP LOC TAM O0751.19,1 7931? ropy 6GO a�mn w`mca 20� — Car. 015 x -GLOMS LOCSER loops, R.ellcs 6e. FOLP0O A 2 1/T I GP .O' C[r IN CM.. MIX rOUNO Rn / 0.P PLs 4,92 jgy beau MC. NW IC. P. K 9 peeMM. INN. CLIENT: BIG THOMMPSON INVESTMENT HOLDINGS, LLC 3950 7F$ PKWY SUITE F FORT COLLINS, CO 80525 ✓��-aWl ne++�d uu iW.- oS-.Ptl• �.taxu mnuinw a wnM nw¢ Ca dawn ea eeP, la, n mosso, moons. Tookolosi3O Dior et .m...ONT.� a , moo tea. Rea. e ems, mP'• u� e¢ TIP PM.... C.T. COCO.. 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MC VCR .O.CE nor Or Mayegli 1.0 N. or rpm oocc cameo PRP. id.egte.11.. 11.6 P.19 0161COCC .VVOnvPwllNn PPE WM 01.916. vs An, sr.ow nt s. 6m warszvaanm PRIGLORP. GMT Cleefil N.C. POI. WO PEG N. ..6..moan. n Pcssp swap sr scam. ano soss son Ism .. no.,.opt priOng. woos p.m sp.. Pad PLO Pa N6ua oa�"6 TO .t m 1r NOW 14 MC. WI MOCK N.. 900.0 r�W0.0 MN. rK x 66o.p�.fa.nvsL 30116C. move- AC .0107 WA w . un.r CO GAM.N E.., sow pari GP -0 6� ,, ,• � MD Y..�ww-'nnC r CO=NE Ine �c+wr. GUM. .NR6m Ir r.xrrxs moo u.Y rag mph soprs 6ui sob coo M wow.. or we ru.ara ,Maeda .r n 6or,nwx m WW1.. m.. =.w w.c easOlOa nmVm mosmoso 070107 w e.c25A.. m CL12,2 Y .r arm.. c..ved •f4.11 RECORDED EXEMPTION PLAT SIICT2O11 zip Tv.xSffi 4 NOR E NANCC 06 WEST, 8T$ P.M. IsmOr • SECTION 23, TOTNSHIP 4 NORTH, RANCE 66 WEST, 6TH P.I.I. DATE, 12/02/09 I J09407013iL� 3667225-2009.001 LG SKL13209 eRecorded in Weld County, CO Doc id: 3805590 11/15/2011 09:45 A Page: 1 of 2 Total Fee: $16.00 Steve Moreno, Clerk and Recorder When Recorded, Return To: Big Thompson Investment Holdings, LLC 1205 W. Elizabeth St — PMB 134 Fort Collins, CO 80521 GENERAL WARRANTY DEED THIS DEED, made this 1i" day of November, 2011 between, Big Thompson Investment Holdings, LLC, Colorado Limited Liability Company of the County of Larimer, State of Colorado, THE Grantor, and Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company whose legal address is 1205 West Elizabeth Street, PMB 134, Fort Collins, CO 80521, of the County of Larimer, State of Colorado, the Grantee: WITNESSEI'H, That the Grantor, for and in consideration of the sum of Ten (10) and no/l00's U. S. DOLLARS (U.S. $10,00), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot A and Lot ]3 of Recorded Exemption No. 1057-23-2 RE -4914, recorded December 28, 2009 as Reception No. 3667225, being a part of Lot B RE -1282 being a part of the West + of Section 23, Township 4 North, Range 66 West of the 6`" P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land (collectively the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the heredi arnents and appurtenances. Including all of the Grantor's interest in the mineral rights and interests associated with and or appurtenant to the real properly being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantors, for themselves, their successors and assigns, do covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantors are well seized of the premises above conveyed, have good, surd, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other g€ants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. sTEWART TITLE GRANTOR r [ � -�► �I +v11� rf1c 2 �1r 9, u,L By: AI /1 /l.11 SKLD, Inc. LG SKL13209 WE 3805590-2011.001 eRecorded in Weld County, CO Doc Id: 3805590 11/15/2011 09:45 A Page: 2 of 2 Total Fee: $16.00 Steve Moreno, Clerk and Recorder STATE OF COLORADO) County of T nrimcr The foregoing insirumeni was acknowledged before me this 1-1'day of i ljk,pli✓ , 20 .L, by Mark S. Goldstein as Manager of Big Thompson Investment Holdings, Ld..C, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: 1,13 2014 -2- [SEAL) W COMMISSION EAMES: .13,2014 SKLD, Inc. LG SKL13209 WE 3805590-2011.002 F C z Sna sa :m e S z3 I RECORDED EXEMPTION NO. 1057-23-02 RECX12-0056 LOT A AND LOT B RE -4914 BEING A PART OF THE WEST 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, apRmwrA 5E.T9, C64nfL ,OR,. 04757 e6 VA:SA, '21110 •704u,Er.10720 E 502.„ 3,OwN SA" .ec s^i. -s.0 J rac aks a<v5 l LOT 111.4729 ACRES GROSS ; LOT 4012.:-2 ACRES NET 50-0007 1041 O. un7ll5 GS1.E T f0(: T,E 5N'E. as LOT 5 RE:6 Er NIA -0056 Karr, fwx2-0068 u06'OO'6GT 717.71 P�wR ,0 .712-0000 5e Sa,pO'se .._•.\ se *al RANGE 66 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO ,oA'5cuRT 285.,0 LOT 7..04.51 ACRES GROSS 1AT 0=83,91 ACRES NET SCLITA EurAt OP PO ACMs /0711600 Ss5•'01V 502,15' SVA ns .3112 5,51..511r 000,00' ,.ri.co KW.. away Loa wwna w.[ pri or coos., 5xT1"n RP RCM Mo... .rancanm r .: AMP I M r. fir. arn..,6 wra ao-s[..r..1 a. yC ddqukd,e T °6.wr�° �""'wP. , �'. 7a mu n a or 4-I6 SOTer'r6W [603.56 - rs.w xv[w cwx. 1.s 271.0 IMO n .,R„amx, 02.4.6 PM= ▪ VI. MOM ur An4c MP. CA. SIAM, PUMA PIZ o tacit 02,.'.`02 18"`Vag. .a.e•Ta� , ;exec ' E 60 we,, MUM A 1/1-.Lu7- Ua 020. AS.4.7 Y L awn, 024-VuwKe 020,74 SMICI� 23. TO...• N OV, 5420£ 50 1.5.1•0,90l2 TR'wu.1 CAP 15'CIDM 7M,.C1A VA), AATRk.rA 5,511 SW 173 y0' 456.5. FOP* RIO 240 Nom .roirar AA. At. Wa.a75.raa>.b.RCMma,a . .unur. PT. PO""7° .em .14x7. ea M. sm. ua.r >we E . 4 �a Ca d,5.,v 5rn PI" Rea etPI RF.• VlJ7`A." vs MCI., .i .",,op, • nnr, uT[ua PTA, mpc,7. �i n�Is��Jyr ww:w�"uc'"m"dT CR Pt VICINITY MAP 1" a 2730' m ,C menu, fAlua 1.o 11177 imrL[wr. ma 1K La, =nom w Prawara Is raaa., RUol P A asi[ ,r2lw rnurna[402 A. nm to wmc 6¢.fMa5,0o Aeli7 upa,�' LaACL 1.,h IP. 1. Id. a .w nttw :l}a ay tux e Y MM ID awl uau[ • m�[., aa�.. ..... A.. o1.., Fp.n-_ A T C wP.m c▪ n PP ,mrau w+e umwm, m .Y„e..7 -.m �_m.e1 a T.c �..na a 'La sm. a< ,� maw. as or a.ome¢o.ge,: arm .w �.` ▪ Au.= o<iwe.c 19..[1 ArEr..5.a a.0 sou. sx c To. odrna,r 4 AO -moan Lemur moms COP ax ofionarn or ems ca... mau or mama op MRKLG MP I r. POW ...MI m.1. an. im yea ig..4 1.147.* TOME A i. Nam to, a.e5,m7 w as o. 02:.4, . m n, rrr �aa,..K a ,»c mom awe ,-a oar. earl., Mars earto aL PIPMCD Lg.,. It PPM. lc ust .w;.Apr.-mi.) 21o7o�",aT`,�`am`°'AP.: 011 c. a'a•a aka T ` moatum. 01407 1 PP a Tx PPM,. UPC rePC PC sr. armor. rmara at, ma.. Thrum,. L sax raar armor vL era. IR AP MP CORM conweee-ar FPLC .61, mar, mar La raft Lira warn ere 0, ILL IMS rocacrrearara,LAAL ara.ews PCIffi, COPY= AMCLI ueu a.+mca. w.Aam.x3.c of La, or x,.ia,c w ann., roc at vr.rmrc M Kota APOPKA ...I or or‘ gem, I.grookaar ama arc 'Tarr, mar nar.L-1 Au. u..awu7 m 0..7 RCP ,vFavr..a.o.,c.oa.aw u1.. ,arAs� z.c;� 4[1-.,14 rA▪ ra▪ u_ouuu7°0°`o MCI w°`a,mc AID .111.......2.01p, nm.<` a� [m.e F ra[s»cc .'`mX`n; x TIE ¢err ffi ar.pa me PE▪ A KM... 111111.31,.. CONISMOd 4NPILECIM PP. lamas MUM..PAT ve arena pop RM., 10 YWr tE er al ws ".111102 a.VPAsa urn.1.c RUMMY OA prp tiW uu em4 [..norm, . C.1_ .6fr or We _ Par MecwrJ.w mac. u.m dW▪ IN 16 IRe' ° or =Lama. w +c non . a mo maw 00. Mn m uui.. p.p.. wa pg. .pc. Asa, rex a cc* ma Lac MD a, PAP .s Mawr.os E 9.0 .einfay 114 anax� Ac mM �a4�ucui"a wm °`PPS.,exr,c. i uw.; ram. POMP, a7.w,ms � INCITE [aw non aas aro' =IMP coo raven daF •O.mao, ua[P 1nt.O MR .t[ weal ..11. par avas M V0[ vs, AN pp ▪ 1.r u u..1.,e'Ms..Y'wp. sra..a...11en um.. 4� Tana a▪ ,a ▪ gy p WIuA opffr MOi[ T new ca. -q�� mn m � 4Tv,e.c awm mua.u.nA bf5f�a� �6�,,,,�II,,��udoca'p+lo-J nyco ',cm para a art ma, nod, TEAM CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC 1205 W. ELIZABETH ST, PMB.#134 FORT COLLINS, CO 80521 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT,CO 80504 PHI 979-535-93"B RECORDED EXEMPTION PLAT SECTION 23, TOWNSHIP 4 NORTH, RANGE 68 NEST, NNE P.M. 1FCTION 23, TOWNSHIP 4 NORTH. RANGE 56 WEST, 6TH P.M. F DATE[ 7/30/15 7013 I./ G 6Ctioz 3868019--203.2.001 LG SKL13209 3905286 Paged: 1 of' 2 Steve 01/24/2013 02:f17 R ree:$10,00 0Fee:$I®0.00 Moreno, Clerk u , fttf Ii ®I III When Recorded, Return To; Big Thompson Investment Holdings, LLC 1205 W. Elizabeth St-- PMB 134 Fort Collins, CO 80521 QUIT CLAIM DEED THIS DEED, made this 24th'' day of January, 2013 between, Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company of the County of Larimer, State of Colorado, THE Grantor, and Big Thompson Investment Holdings, 11.C, a Colorado Limited Liability Company whose legal address is 1205 West Elizabeth Street, PMB 134, Fort Collins, CO 80521, of the County of Larimer, Stale of Colorado, THE Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Ten (10) and no/t00's U. S. DOLLARS (U,S. $10,00), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot A and Lot B of Recorded Exemption No. 1057-23-02 RECX 12-0056, recorded Auguust 22, 2012 as Reception No. 3868019, being a part of Lot A and Lot B RE -4914 being a part oldie West %, of Section 23, Township 4 North, Range 66 West of the ba` P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land (collectively the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditatnents and appurtenances. Including nll of the Grantor's interest in the mineral rights and interests associated with and or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gns, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever, And the Grantors, for themselves, their successors and assigns, do covenant, giant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the muting and delivery of these presents, the Grantors are well seized of the premises above conveyed, have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power, and authority to grant, bargain, sell, and convey the same in manner and fomr as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shalt and will WARRANT AND FOREVER OFFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR Big Thompson investment s, LLC A Colorado ted Lia . patty Jeff . . dson, as Manager SKID, Inc. LG SKL13209 WE 3905286-2013.001 3905286 Pages: 2 of 2 01/24/20i3fl- .0Clerk 7 and Recorder, Weld County,' III) 111. Oµi,li atiiiii r Tuna JAN MI )1I STATE OF COLORADO) )ss. County of Latimer The foregoing instrument was acknowledged before me this 24th day of January, 2013, by Jeff Donaldson as Manager of Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. al{ My commission expires: 1. I . 2.014 My License Number: a D I D A D) gi 3I KATHRYN L. HOMER NOTARY PUBUC STATE OF COLORADO NOTARY ID 2O104018130 MY COMMISSION DIMES 0TIM014 -2- (SEAL.) SKLD, Inc. LG SKt.13209 WE 3905286-2013.002 iiiWr;hnwTli KlwatiisoRrb�nrwcul 003 411. 70. ;,01-0.a.n.6..x,00dCM.,..[iw.,zn001,1 0,0010, ON 00.0 .« _,3i..0mA 0. d0.. en 'AM IM1 awMa z :TV w: .0•011 0,9610.- MP SM. .0 1.00rtomas we..'a nn.( elaero WELD COUNTY INDUSTRIAL PARK MINF12-0001 1 LOT B OF RECORDED EXEMPTION NO. 1057-23-2-RECX12-0056, BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST. OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, 50 mm OrAn. �A5 � ▪ M. aNOP- .r.ua a X InC 71,125 MD 000111 .6 1.6111,--110 WV 0f0 Me AWL .uis 5. OPNIM. Or TIC _ wu rs-Cf-i.Lamm, iww .�o.' ((.30.4(.30.4OW, Muti .a.. ROM TN M[ a i PO ar .x+w.+ or ws i. .m .c a .a dzw.n w. w.wen 5x0.« KIR. "P • 7K, all! Wr PialLIAN.r .ID' Z��c,. R ^e. '"'r yr."70. .Kvl'%w�L'wu�'�. 0CWv°'R1,000.000.0�"PW m""rwH .f.. OXN) TIC UM .:. 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"navV�I . rc'O .,. o ` MP R o n Mm :urs ar .c1 ..o.mu.. mMec ao ow[mw1.t tom JAre[.aS ACINITY MAP 1" a 2000' ,a,.a,,,M.[i.Mi. mM...nom 010M0 11163370,0 °710 m.,i WM 10 0,10.0r 000.0,0 nnt, 000 061,00, 400.400, Mit X.431 C.C. T.. rd.. M.D. . Turf., onCa gm, ZS D.., rECKTICO, • o. 11 0, RAIL KR ruw, .r M.' KPCO»<�.�a "Pni ,°:° 0 °r MCmMICCOY6°wocr>ai n.nn ow. cox .e • W an! Le PtP ue h`OOvalwrt v mR w� rtmele S.t•Fy..tIR 11.167„, ,na Wu1m .w flV¢wMf n M. OF M[ WC (a) Px�lit, .,.*F1S+.5 Pelt ,e .[wee h wm M1 .wneu ..tw[n Inor w.....,.e1x.1 Mm.rOWIC.OI er.wva.d OC. 05119.1.sIt IL" mi or `,.oii 01i,TMa.w'n a�.na M TS Ion MC MC ...mu MCI OIPLrtr 10 P.M Mt (01 .f lewd 1. • pr Oppinn% Dr. MCP TAX.. 1166 Pit COMO Or cow, coumssioas Kr MCP 1.00.1 WI 000M6M 0400CM 0001, 70 110... NWT I4 C.Te 114 KA fir PC TON 1 ma KNOW TX WM?Wm[Y� P.c, MOwmn[wIn[w .r0i[:00.0 wKo... ° C.D. OR RIXXICS. W.Celn[ bIy,Ca..v.A.q r 0..wr `.1,61 TC WC nOTIR _lam arADLICC, CI t f tOr.rpmD I. nir�i o' .pM roT•C w I a64P„rt°ui wino�i�y.p�, Luw �ru.14,..wT swt c .vcnc. Iwi. n2 og Nu . ap HMV w MR �.m. Y.. aupr.'c 6.11.5u m.Yo o. M rAwary L.COI MVP. 2.6,01 NIP lOri CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, 110 P.O. BOX 273160 FORT COLLINS, CO 84527 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT,C0 60504 PH: 97C -535-531B MINOR SUBDIVISION SECTION 23 TOWNSIECP 4 NORTR, RANGE ad TEST, On P.M. SECTION 23, TOWNSHIP 4 • NORTH, RANGE 66 WEST, 6TH P.M. pAr; 12/2&/1 3 I JOBp07013M5 SHEET 1 OF 2 39891772014.001 wvwjool tiawiu'sti,o-wearli„,tiw�rir: WELD COUNTY INDUSTRIAL PARK MINF12-0001 LOT B OF RECORDED EXEMPTION NO. 1057-23-2—RECX12-0056, BEING A FART OF THE N 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. COl1NTY ROAD N0. 44 e[ a [w CL COu �He KON. 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Aan .447 MRS I liner LIME TOOLS courmcz 134,0 NAIR, Tr nil CC IN* INIL IA. 0, WRIINRIT _ . ,aM „ xxc Jc. mtCI RV, W "m w. ,.ro va eia.ar�ra., IN Lis..., 2 LR,aHiC s� xwIt1C. ACID Inn rev) - AO tt. - .,w,n xDan. «mt, w AMC. ci ,a ..o:.c a¢ -RANT@ Ne'm r0.* 20 x. vans wi w0o. •! rrwo Vo ,4s ' a rao rwrzn ..., °X PIRRITY CR= RR. OPT PCP. PI TLC NJWA,I SKR12 t4lel ARM T. Cr LITICAJARIX WON IOCCIN. CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC P.O. BOX 273160 FORT COLLINS, CO 60527 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT,C0 82504 PH: 974-535-9315 MINOR SUBDIVISION SECTION 59 rowNsan,4 NOHTH, RANGE 8E WEST, 6TH P.M. SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.A1. DATE: 12/23/13 .08#-070131n SHEET 2 OF 2 &e cool -z 3989177-2014.002 3925584 04/18/2013 11:33 AM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording, return to: Triton Water Resources, LLC I205 W. Elizabeth St. PMB 134 Port Collins. CO 80521 GENERAL WARRANTY DEED THIS DEED, made this 11th day of April, 2013 between, Big Thompson Investment Holdings, LLC, a Colorant limited liability cotupsny, whose legal address is 1205 W. Elizabeth St. PMN 134, Fort Collins, CO 80521, the Grantor, and Triton Water Resources, LLC, a Colorado limited liability company, whose legal address is 1205 W. Elizabeth St PMB 134, Fort Collins, CO 80521, the Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Ten U. S. DOLLARS (U.S. $10.00), and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: Lot 1, Wald County Industrial Park MiniF12-001. LOT B, of Recorded Exemption No. 1057-23-2-RECX12-0056, being a part of the W 'A of Section 23, Township 4 North, Range 66 West, of the 6.P.M„ County of Weld, State of Colorado, containing approximately 5.55 Acres also known by street and number as: 20856 WCR 33, LaSalle, CO 80653 (collectively the `Properly"). provided however, that Grantor excepts and reserves unto Grantor and Grantors' sucessara and assigns forever all of Grantors' mineral rights and interests associated with and.or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, olaim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate. TOGETHER with all and singular the herditameds and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits ihereoi; and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor; either in law or equity, 01 in and to the Property, with the hereditaments and appurtenances, INCLUDING all improvements and water wells, including DIV. I, WD 2,Well Permit 76813-F. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, dots covenant, grant, bargain, and agree to and with the.Grantee, its successors and assigns, that at the time ofthe ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that too same is free and clear from all former and other grants, bargains, sales, liens, nixes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Properly and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR: Big Thompson I vestment A Colorado Fiptited liafy As Mrytieger STATE OF COLORADO) )ss. County of ) The foregoing instrument was acknowledged before me this I' i} "day of APRIL ,201._3„ by Jeffery M. Donaldson, as Manager of Big Thompson Investment Holdings, LLC. Witness my hand and official seal. My cormaission expires: 1. 13.20 i4 My License Number is 0410.4f)181 3c? KATHRYN L HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY 0217104018139 turn carA411tsd10tttOPREEsarrtsrmta Notary Public SKLD, Inc. SKL13207 WE 3925584-2013.001 3989473 01/10/201404:57 PM Total Pages: 1 Rec Fee: $11.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording, return to: Big Thompson Investrscnt Holdings, 1.4.C PO Box 273180 Fort Collins, CO 80527 GENERAL WARRANTY DEED THIS DEED, marls tins 8th day of January, 2014 between, Triton Water Resources, LLC, a Colorado limited liability company, whose legal address is PO Box 273180, Fort Collins, CO 80527, the Grantor and Big Thompson Inveshnant Holdings, LIZ, a Colorado limited liability company, wboso legal address is PG Box 273180, Fort Collins, CO 80527, the Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Ten U. 8. DOLLARS (U.S. 510.00), and other good a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: LOT B, of Recorded Exemption No. 1057-23-2-RECX12-0056, recorded August 22, 2012 at reception # 3868019 Weld County, of Colorado, provided however that Grantor excepts and reserves unto Grantor end Grantees' successors and assigns forever all of Grantors' mineral rights end interests associated with and/or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning die mineral estate. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reveralosa, 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 Property, with the hereditatnents and appurtenances, INCLUDING all improvements and water wells, including DIV. 1, WD 2, Well Permit 76813-F. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the mauling and delivery of these presents, the Granter is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner end form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall end will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. STATE OF COLORADO) )e9. County of kI e :t f ) GRANTOR: Triton Water Resources, LLC LLC A Colorado i iirn ,libited.litycoy By: Mark S. Goldstei As Manager The foregoing instrument was acknowledged before me this I t} day of k. \1401... , 2014, by Mark S Goldstein, as Manager of Triton Water Resources, LLC, Witness ray hand and official seal. My commission expires: rt. 13. 200 My License Number is .2.) 104 h 31 KAThRyN L HERM NOTARY IRMO STATE OP COLORADO NOTARY ID 24)10401$130 emailiebiDi mamas ormolu SKLD, Inc. SKL13207 WE 3989473-2014.001 4001190 03/11/2014 10:57 AM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $371.38 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording, return to: Peckham Development Corp. PO Box 273180 Fort Collins, CO 80527 GENERA., WARRANTY DEED THIS DEED, made this OM day of NI prRC4'. , 201'1 between, Big Thompson Investment Holdings, LLC, a Colorado limited liability company, whose legal address is PO Box 273180, Fort Collins, CO 80527, the Grantor, and Peckham Development Corporation, a Colorado corporation, whose legal address is PO Box 273180 Fort Collins, CO 80527, the Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of Three Million Seven Hundred Thirteen Thousand Eight Hundred Thirty Fright and no/10Dths U. S. DOLLARS (U.S. $3,713,838.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: (SEE EXHIBIT A) provided however, that Grantor excepts and reserves Onto Grantor and Grantors' successors and assigns forever all of Grantors' mineral rights and interests associated with and/or appurtenant to the real property being conveyed by this Deed, including, but not limited to, all right, title, interest, claim, and demand in and to all oil, gas, natural gas, sand, gravel, coal, asphaltum, hydrocarbons and geothermal resources, and all other like substances, together with all other rights associated with owning the mineral estate, TOGETHER with all and singular the hereditamertts and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditamen€s and appnrtenances. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those matters of record against the Property and the appurtenances. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR: Big Thompson Investment Ho A Colorado limited liabili By: facki As: MAt.lAGr. STATE OF COLORADO) )ss. County of ) The foregoing instrument was acknowledged before me this l u thy of MINA , 20 14, by Mark S. Goldstein, as Manager of Big Thompson Investment Holdings, LLC. Witness my baud and official seal. My commission expires: 1.13. NJ 14 My License Number is 20tU4Digl.3i3 KATHRYN L MENHIR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201044)1813G MY tr06MtMSS(OH EXPIRES 07/1912011 SKLD, Inc. LG SKL13209 WE 4001190-2014.001 4001190 03/11/2014 10:57 AM Page 2 of 2 EXHIBIT A LEGAL DESCRIPTIONS Lot A, of Recorded Exemption No.1057-23-02 RECX12-O056, recorded August 22, 2012 as Reception No. 3868019, being a part of the W 1/2 of Section 23, Township 4 North, Range 66 West, of the 6t'' P.M., County of Weld, State of Colorado, containing approximately 18.29 acres Lot 2, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 11.35 Acres Lot 4, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 8.28 Acres Lot 5, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 6,96 Acres Lot 6, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 4.99 Acres Lot 7, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 5.03 Acres Lot 8, Weld County Industrial Park MINF12-0001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 14.47 Acres Lot 9, Weld County Industrial Park MINF12.0001 as recorded January 10, 2014 at Reception ## 3989177, County of Weld, State of Colorado, containing approximately 14.21 Acres Outlot B, Weld County Industrial Park MINF12-O001 as recorded January 10, 2014 at Reception # 3989177, County of Weld, State of Colorado, containing approximately 10.0 Acres SKLD, Inc. LG SKL13209 WE 4001190-2014.002 4078094 Pages: 1 of 2 01/23/2015 01:52 PM R Fee:$16.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld Coun€y. CO II HI QUITCLAIM DEED THIS QUITCLAIM DEED, made and entered into on October 28, 2014 between Peckham Development Corporation, a Colorado Corporation ("Grantor") whose address is 2850 McClelland Dr Ste 2400 Fort Collins, CO 80525 and Big Thompson Investment Holdings LLC, a Colorado Limited Liability Company ("Grantee") whose address is P 0 Box 273180 Fort Collins, CO 80527 For consideration in the amount of " TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION*`, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES, AND FOREVER QUITCLAIMS to Grantee, all right, title, interest and claim to the plot, piece or parcel of land, together with all its appurtenances and improvements thereon, if any, to wit: Legal Description of Property: See Attached "Exhibit A" also known as street and number: CR 62 & 47 and Hwy 85 & CR 44 Greeley, CO 80631 SUBJECT TO all, if any, valid easements, rights of way, covenants, conditions, reservations and restrictions of record. Signed as of the day a Mark S Goldstein, P above written. State of Colorado } 156, County of dson, Secretary NPOatitbilit The foregoing instrument was acknowledged before me this fhek day of ' bar, 2014 by Mark S Goldstein as President and Jeff Donaldson as Secretary of Peckham Development Corporation, a Colorado Corporation on behalf of the Corporation Witness my hand and official seal. My commission expires: 1.13.2D Notary Public When recorded please return to: FirstBank: 10403 W Colfax Ave Lakewood, CO 80215 **This QuitClaim Deed is being recorded to extinguish any and all interest aquired by Grantor in General Warranty Deed recorded March 11, 2014 at Reception No. 401190 and General Warranty Deed recorded March 11, 2014 at Reception No. 4001188 and General Warranty Deed recorded March 11, 2014 at Reception No. 4001189.'»" KATHRYN L. HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 MY COMMISSION EXPIRES JULY 13, 2018 SKLD, Inc. LG SKL13209 WE 4078094-2015.001 4078094 Pages: 2 a 2 01/23/2015 01:52 PM R Fee:$16.0O D Fee:$0.00 Carly �lK+Op■p17es, Clerk and Recorder, Weld County, CO 1'1+ E il ki{riF■I I ifliMik' L RANI MAI.1r Old ,E Iii Exhibit A Parcel 1: Lot A of Recorded Exemption No.1057-23-02 RECX12-0056, recorded August 22, 2012 as Reception No. 3868019, being a part of Lot A and Lot B RE -4914 being a part of the West 1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. AND Lots 2, 4, 5, 6, 7, 8 and 9 and Outlot B, Weld County Industrial Park MINF12-001, County of Weld, State of Colorado. Parcel 2; Lot A of Recorded Exemption No. 0803-35-4 RE -4915, recorded September 22, 2009 as Reception No. 3650008, being a part of the South 1/2 of the Southeast 1/4 of Section 35, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado AND Lot 3 and Lot 5, Union Colony Industrial Park PUDF13-0001, County of Weld, State of Colorado. SKLD, Inc. LG SKL13209 WE 4078094-2015.002 4078540 Pages: 1 of 2 01/26/2015 01:42 PM R Fee:$1600 D Fee:$0.00 Carly Kappes, Clerk and Recorder. Weld County. CO Bo Mai.drcp.4(191'4*ik MIkh:LIOltreitMIYii 1I III QUITCLAIM DEED THIS QUITCLAIM DEED, made and entered into on October 28, 2014 between Big Thompson Investment Holdings LLC, a Colorado Limited Liability Company ("Grantor") whose address is P 0 Box 273180 Fort Collins, CO 80527 and Peckham Development Corporation, a Colorado Corporation ("Grantee") whose address is 2850 McClelland Dr Ste 2400 Fort Collins, CO 80525 For consideration in the amount of "" TEN DOLLARS ($10,00) AND OTHER GOOD AND VALUABLE CONSIDERATION**, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES, AND FOREVER QUITCLAIMS to Grantee, all right, title, interest and claim to the plot, piece or parcel of land, together with all its appurtenances and improvements thereon, if any, to wit: Legal Description of Property: See Attached "Exhibit A" also known as street and number: CR 62 & 47 and Hwy 85 & CR 44 Greeley, CO 80631 SUBJECT TO all, if any, valid easements, rights of way, covenants, conditions, reservations and restrictions of record. Signed as of the day any. ar first .bove written. Mark S Goldstein, County of State of Colorado I -iQtrw The foregoing instrument was acknowledged before me this afati day of kA attotier, 2014 by Mark S Goldstein as Manager and Jeff Donaldson as Manager of Big Thompson Investment Holdings LLC, a Colorado Limited Liability Company on behalf of the Limited Liability Copany Witness my hand and official seal. My commission expires: 1.13. 2.0 I� Notary Public When recorded please return to: FirstBank: 10403 W Colfax Ave Lakewood, CO 80215 Rr� i.r�i Illl_'(n I KATHRYN L HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 MY COMMISSION EXPIRES JULY 13, 2016 SKLD, Inc. LG SKL13209 WE 4078540-2015.001 4078540 Pages: 2 of 2 01/26/2015 01:42 PM R Fee:$16.00 D Fee:$0.00 Carly Keepas, Clerk and Recorder, Wald County, CO ■IIIFAT, It fieI4' + If ILEA S LRIORII III Exhibit A Parcel 1: Lot A of Recorded Exemption No. 1057-23-02 RECX12-0056, recorded August 22, 2012 as Reception No, 3868019, being a part of Lot A and Lot B RE -4914 being a part of the West 1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M„ County of Weld, State of Colorado. AND Lots 2, 4, 5, 6, 7, 8 and 9 and Outlot B, Weld County Industrial Park MINF12-001, County of Weld, State of Colorado. Parcel 2: Lot A of Recorded Exemption No. 0803-35.4 RE -4915, recorded September 22, 2009 as Reception No. 3650008, being a part of the South 1/2 of the Southeast 1/4 of Section 35, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado AND Lot 3 and Lot 5, Union Colony Industrial Park PUDF13-0001, County of Weld, State of Colorado. SKLD, Inc. 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M'A0,7170044CRh9r0507 0000 0000000 [R05E FM, 000/00007 40 INTERE5 001117 177 000owo E 05 C 0O1.000',1 PROPS 2 15 iN ACCORDNOS w:I1 2 P VH', 40'98 VENICIY OFI Rua. OR P7WA16R`S'i. FL'S0 � t00iC 180000 0 TRAFFIC NA 8 co BlacTO OPER070. k 0Av BE 1100550 V,H. OR CON51ROm As M.I.2,IC CONTROL 02.30 ,.IAT reLLEA:.rr5OG MYR n0.1 CLIENT: PECKHAM DEVELOPMENT CORPORATION P.O. BOX 273165 FORT COLLINS, CO 80527 HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE, 5liiTE 200 DREELEY,C0 50634 PHI: 970-635-5315 SPR16-0506 LOT 2 WELD COUNTY INDUSTRIAL PARK DATE: 07/27/;6 0050E lC7013L0T 2 4230946-2016.001 rTFivo• WELD COUNTY INDUSTRIAL PARK LOT 2 SPR16-0008 BEING A PART OF THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. SHEET 2 OF 2 9eteum d[ m[ hw arm ALL A,v A A ',AAA :a ars n,r mul Cdr as A. P, re .. - COUNTY ROAR NO. 44 40' P157. RIL, ,,F -war 9TK 3 TALE .l8 --1N \ mr— ,..,,,,,,,,,..=. I��`wr �a, aea y k — 4-I-- -- ----, -. B '\ — J L 1C C4 CLIENT: PECKHAM DEVELOPMENT CORPORATION P.O. BOX 273180 FORT COLLINS, CO 80627 ADO 6' TALL CHAIN LINK FENCE WITH 3 STRAND BARB WIRE AND BLACK MESH SCREENING FENCE DETAIL NO SCALE Obi RIGHT TURN ONLY ALLOWED ONTO CR 33 EXISTING TRACKING CONTROL FIRE 9YORAN-- IIIMPLATMCTL N. N. ` h 50' GAS PIPELINE N, \ EASEMENT MARCH N 1, 2013 RECEP.0 N. N 913756 LOT I�`� \ `, E' CHAIN LINI1 FENCE WITH C/ADUE ?;AC's( MESH SCREENING .., it, came 'NMI. �,aa ,o.a K.rOI bkc RAMMER LAND SURVEYING, INC. 3050 47TH AVENUE, SUITE 200 GREELEY,C0 00634 PH 97C -535-S318 10 —FOOT '.N DSCARE BUFFER EACH SID. F GF.TE NATIVE N GRASSES �I\ / 7' DOT LOT2 I1.35 ACRES NIOBRARA BOULEVARD 100' ILLGR'T-Of-wAY DEDICATED WY SEPARATE DOCUMENT RECEPTION NO. 3953612 / / / 2. N I , 0 GAS WELTI, 3' ROAD EASE MATERIAL WITHIN FENCED AREA LAT3 'DETAL. A" 1"-106' • I . ` .....,. _J NATIVE GRASSES -� WILL COMPR6E 57, SPR16-0008 LOT 2 WELD COUNTY INDUSTRIAL PARK • i DATE: 07/27/1E ISPR#07013LOT 2 Z/Z 8617?? 4230946-2016.002 LG SKL13209 SKLD, Inc. IF" Land Tiitlee c.Arn Tr.; r.^r.1rtkv =,tilu:r ryf,<- Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when - initiating a wire transfer or providing wiring instructions. Order Number: FCC25158334-2 Property Address: VACANT LAND, LASALLE, CO 80645 Date: 09/25/2018 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Donna Manci 772 WHALERS WAY #100 FORT COLLINS, CO 80525 (970) 267-5021 (Work) (800) 303-5161 (Work Fax) dmanci@ltgc.com Contact License: CO270861 Company License: CO44565 Closer's Assistant Gaynelle Eggers 772 WHALERS WAY #100 FORT COLLINS, CO 80525 (970) 267-5024 (Work) (800) 315-9208 (Work Fax) geggers@Itgc.com Contact License: CO76789 Company License: CO44565 For Title Assistance Larimer/Weld County Title Team 772 WHALERS WAY #100 FORT COLLINS, CO 80525 (970) 282-3649 (Work) (970) 282-3652 (Work Fax) customercare@Itgc.com Buyer/Borrower TO BE DETERMINED Delivered via: Delivered by Realtor Seller/Owner TRITON WATER RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY Delivered via: Delivered by Realtor GOLDSTEIN ENTERPRISES INC Attention: KATHY HERDER PO BOX 273180 FORT COLLINS, CO 80527 (970) 797-2187 (Work) kathy@geiresources.com Delivered via: Electronic Mail GOLDSTEIN ENTERPRISES INC Attention: MARK GOLDSTEIN 2850 MCCLELLAND DR #2400 FORT COLLINS, CO 80527 (970) 797-2187 (Work) (970) 692-8342 (Work Fax) mark@geiresources.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees LdrldTiiitle- 11%crr.i r r1r.1P.r Order Number: FCC25158334-2 Property Address: VACANT LAND, LASALLE, CO 80645 Parties: TO BE DETERMINED Date: 09/25/2018 TRITON WATER RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY (AS TO LOT 1) PECKHAM DEVELOPMENT CORPORATION, A COLORADO CORPORATION (AS TO LOT 2) Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $282.00 Total $282.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Weld county recorded 01/26/2015 under reception no. 4078540 Weld county recorded 01/10/2014 under reception no. 3989474 Plat Map(s): Weld county recorded 01/10/2014 under reception no. 3989177 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: FCC25158334-2 Property Address: VACANT LAND, LASALLE, CO 80645 1. Effective Date: 09/20/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: $0.00 TRITON WATER RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY (AS TO LOT 1) PECKHAM DEVELOPMENT CORPORATION, A COLORADO CORPORATION (AS TO LOT 2) 5. The Land referred to in this Commitment is described as follows: LOTS 1 AND 2, WELD COUNTY INDUSTRIAL PARK MINF12-001, COUNTY OF WELD, STATE OF COLORADO. Copyright 2006-2018 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TI1'LE A55OC'EAT ION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: FCC25158334-2 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RELEASE OF DEED OF TRUST DATED FEBRUARY 19, 2016, FROM PECKHAM DEVELOPMENT CORPORATION TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF FIRSTIER BANK TO SECURE THE SUM OF $2,678,000.00 RECORDED MARCH 10, 2016, UNDER RECEPTION NO. 4187326. 2. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR TRITON WATER RESOURCES LLC MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR TRITON WATER RESOURCES LLC RECORDED JANUARY 10, 2014 AT RECEPTION NO. 3989472 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES MARKS GOLDSTEIN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 4. WARRANTY DEED FROM TRITON WATER RESOURCES, LLC AND PECKHAM DEVELOPMENT CORPORATION TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A SATISFACTORY LIEN AFFIDAVIT AT CLOSING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: FCC25158334-2 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RESERVATIONS MADE BY UNION PACIFIC RAILROAD COMPANY, IN DEED RECORDED FEBRUARY 12, 1903, IN BOOK 201 AT PAGE 430, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. RELINQUISHMENT AND QUIT CLAIM RECORDED MARCH 2, 2012 AT RECEPTION NO. 3828941 9. OIL AND GAS LEASE RECORDED MARCH 31, 1970 UNDER RECEPTION NO. 1544615 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 10. OIL AND GAS LEASE RECORDED JANUARY 16, 1973 UNDER RECEPTION NO. 1605493 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 11. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED SEPTEMBER 16, 1975, UNDER RECEPTION NO. 1669973 AND 1669977. 12. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 27, 1979, UNDER RECEPTION NO. 1812867, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: FCC25158334-2 13. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED DECEMBER 18, 1985, UNDER RECEPTION NO. 2036250. 14. MATTERS AS SET FORTH ON SURVEY RECORDED JULY 11, 1991 AT RECEPTION NO. 2256004 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 13, 1991 AT RECEPTION NO. 2272191. 16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND SURFACE USE AGREEMENT RECORDED MARCH 23, 1992 AT RECEPTION NO. 2281663. 17. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED JANUARY 23, 2001 AT RECEPTION NO. 2820945. 18. TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION RECORDED MAY28, 2002 AT RECEPTION NO. 2955111. 19. TERMS, CONDITIONS AND PROVISIONS OF DRY -UP COVENANT AND EASEMENT AGREEMENT RECORDED APRIL 04, 2007 AT RECEPTION NO. 3466959. 20. MATTERS AS SET FORTH ON SURVEY RECORDED APRIL 16, 2007 AT RECEPTION NO. 3469165 21. TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION RECORDED DECEMBER 21, 2007 AT RECEPTION NO. 3525268. 22. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF EXEMPTION RECORDED DECEMBER 28, 2009 UNDER RECEPTION NO. 3667225 AND VACATION RECORDED JANUARY 14, 2015 AT RECEPTION NO. 4075676. 23. TERMS, CONDITIONS AND PROVISIONS OF MAP RECORDED MAY 31, 2012 AT RECEPTION NO. 3849451. 24. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF EXEMPTION RECORDED AUGUST 22, 2012 UNDER RECEPTION NO. 3868019. 25. TERMS, CONDITIONS AND PROVISIONS OF CROSSING AGREEMENT RECORDED AUGUST 29, 2012 AT RECEPTION NO. 3869404. 26. TERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEENT RECORDED MARCH 01, 2013 AT RECEPTION NO. 3913758. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENTS RECORDED MARCH 15, 2013 AT RECEPTION NO. 3917346 AND JULY 11, 2013 AT RECEPTION NO. 3946861. 28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 17, 2013 AT RECEPTION NO. 3925324. 29. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 06, 2013 AT RECEPTION NO. 3953812. 30. TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED DECEMBER 23, 2013 AT RECEPTION NO. 3985945. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: FCC25158334-2 31. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANTOR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 23, 2013, UNDER RECEPTION NO. 3985946, AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 15, 2014, UNDER RECEPTION NO. 3989959, AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 14, 2015, UNDER RECEPTION NO. 4075675. 32. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WELD COUNTY INDUSTRIAL PARK MINF12-0001 RECORDED JANUARY 10, 2014 UNDER RECEPTION NO. 3989177. 33. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 10, 2014, UNDER RECEPTION NO. 3989473, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 34. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 10, 2014, UNDER RECEPTION NO. 3989474, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 35. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED MARCH 04, 2014 AT RECEPTION NO. 4000061. 36. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MARCH 11, 2014, UNDER RECEPTION NO. 4001190, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 37. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED MARCH 26, 2014 AT RECEPTION NO. 4004604 AND AMENDED NOVEMBER 1, 2017 AT RECEPTION NO. 4348960. 38. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL REVIEW MAP RECORDED MAY 12, 2014 AT RECEPTION NO. 4015556. 39. TERMS, CONDITIONS AND PROVISIONS OF SITE PLAN RECORDED JANUARY 21, 2015 AT RECEPTION NO. 4077530. 40. TERMS, CONDITIONS AND PROVISIONS OF MAP RECORDED AUGUST 24, 2016 AT RECEPTION NO. 4230946. 41. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED NOVEMBER 05, 2017 AT RECEPTION NO. 4350017. 42. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDU OF AGREEMENT RECORDED NOVEMBER 22, 2017 AT RECEPTION NO. 4354648. 43. TERMS, CONDITIONS AND PROVISIONS OF SANITARY SEWER SERVICE AGREEMENT RECORDED FEBRUARY 26, 2018 AT RECEPTION NO. 4377717. 44. EXISTING LEASES OR TENANCIES, IF ANY IF" Ldrld Ti'tle� �,llll:'2 r fl - LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material -men's liens. (C) (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. IF" Ldrld Ti'tle� �,llll:'2 r fl - JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * citt Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OFI MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OFI THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OFI OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions,: and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land': The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title The estate or interest described in Schedule A. 2. It all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice_ (b)the Commitment to Issue Policy,: (c)the Commitment Conditions_ (d)Schedule A; (e)Schedule B, Part I —Requirements: and (f) Schedule B, Part II —Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: I. comply with the Schedule B, Part I —Requirements,. ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions,: or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(I) through 5(a)(lil) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule 8, Part I —Requirements have been met to the satisfaction of the Company. (g)In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule 8, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent tor the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.orgiarbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President * -J '. a, * * , {..II.l4• •1 •'", TIT�t� * Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTAOA Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy: the Commitment Conditions; Schedule A; Schedule 8, Part I —Requirements: and Schedule 8, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Kimley>»Horn August 28, 2018 Mr. Michael Hall Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Utility Information for Lots 1 and 2 of Weld County Industrial Park Weld County, Colorado Dear Mr. Hall: The purpose of this letter is to inform you of the utilities that are currently being provided or will be provided in the future for both Lots 1 and 2 of the Weld County Industrial Park project. Potable water for both lots is available through Central Weld County Water District. Will serve letters from Central Weld County Water District are included with this submittal for your information. Lot 1 currently uses porta-potties for their sewage disposal system. The porta-potties are serviced regularly by a 3rd party vendor. Lot 2 is currently undeveloped and does not have a sewage disposal system. If a building is proposed on Lot 2 in the future, an on -site septic system will be utilized to dispose of the sewage from the property. Both gas and electric mains are currently provided in Niobrara Boulevard and are available for use by both lots. These lines were installed by the master developer when the Weld County Industrial Park was constructed and were designed to serve all lots within the subdivision. Atmos is the gas provider and Xcel is the energy provider. Feel free to contact me at (720) 636-8303 with any questions or concerns. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Kevin Barney, PE Project Manager kimley-hom.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Lot 1 awe, CENTRAL WELD COUNTY WATER DISTRICT July 24, 2018 Kevin Barney, P.E. Kimley-Horne 4582 South Ulster Street, Suite 1500 Denver CO, 80237 RE: Can Serve Dear Mr. Barney, This letter is in response to a request for water service to serve the following property described as follows: L1 WELD COUNTY INDUSTRIAL PARK Parcel: #105723201001 Water service can be made available to the above described property located on Niobrara Blvd. and County Road 33, in the Weld County Industrial Park with new tap purchases provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District, the Subdistrict, and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District wilI require that a Tap Agreement be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that it is your responsibility to contact Northern Colorado Water Conservancy District at 800-369-7246 for petitioning confirmation into the Northern Colorado Water Conservancy District and Subdistrict Central Weld cannot issue a tap until all requirements are satisfied This is in accordance with the Rules and Refutations of Northern Colorado Water Conservancy District A review of the District's system in this water service area will need to be done prior to water taps being sold. A water tap installation is for a specific parcel of property and a customer will not be permitted to extend a service line from one parcel or property to another parcel to provide additional water service. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (1) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT StaLinker; District Manager SL/bg 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Stan Linker, District Manager Case #: RES18-0005 Name: Peckham Development Corporation and Application Review Notification Card Triton Water Resources Proposed Project: Resubdivision to amend the 1-.:i14.\‘2.861,4°,41-: This is to notify you that the project listed on the lot lines between Lots 1 and 2 of the Weld County _ Industrial Park ( MINF12-0001 )\ Location: South of and adjacent to Niobrara ti �� 1Kother side of this card is within five- hundred �: �=► t-, . . Blvd ; east of and adjacent to CR 33. rit :: Mr L 7 • ( 500 ) feet of your property . You will be notified Planner: Michael Hall court 26..x - Weld County Planning Services of any future meetings regarding the proposed - 1-9 : ...�. � � � - - � � F 1555 N 17th Ave project on this property . , � � ;. _ `�_ - Greeley CO 80631 p J p p y r (970)353-6100 ext. 3540 a If you would like more information regarding this proposal and theR �° y conditions that must be met , the file is public information and is Tiff� ,etc y- / available for review at our office . You may also view the file online 1 - �f� at http�s : llaccela -aca . co .weld . co . uslcitizenaccessl by inserting the \\\ �g ' ' r case number. Comments or objections related to the request should fp objections g . �s be submitted in writing to the Weld County Department of Planning I Services , 1555 N 17th Ave , Greeley , CO 80631 yy; =�/j: f Pr 4 �i Th do Y Lt Cas+Q #: l 8- 0 . I, I Mr Vii ; U.S POSTAGE >> PITNEY BOWES Name: Peck ham D evel m ent Corporation * •_ . R Triton Water Resources „r 1 I ik 4;III. Q"Kr - — Proposed t�rj �t: es+�bdiialono amen �'_ , , ,..mommEr AS Iot lines between Lots 1 and 2 of the Weld M'' • ZIP 80631 .35 0 Industrial Park (MrNF12 0001 ) 'a . = '� 16- Ai 0000S35769NO1 27 2018 Location : South of and adjacent to Niobrara Blvd; east of and adjacent to CR 33. Planner Michael Flail ' �� +� �r Planning �1d �County Services 9 � 1 17th A �- _ -g ifi 1 : Greeley Co BQ6 1 j s ` (970)353-6100 ext, 3540 r�ia^ dr CR44 c r r 1'rLev 1, ril _ _ dtig ' at j/r L ______c_. ____. „ `' �FITLEf-, REAL ESTATE LL�C ir 1f RETURN SENDER 94• 'I SLE r O FORWARD ..r I 'i W An , W W II; Ty '.? ks -5 7 +4 I. fiFe++ Mici IIIIIIIII t11 ' IiiIIIIIIIIIIIIIII 1 I , , , ' ' Ili ai : 1 .. _ I � � _ / Case #: 1 1` S1 \J-0005 ; ` '� ;IN° �'1�.'}.. .I I,;s', t TAGE PITNEY BOWES Name: DevelopmentJ�echarr� Corporation �� ,t''a liaraaapr Triton Water Resources : _ -�.:��,,: gsrnaliNsapsamsti 41 Pro+ posed Project, Feesubdivis onto amend the . , y " � lot /fines between Lots el and 2 of the Weld County .T. 02 80631 $ 000 d Industrial Park (MINF12-0001 ) M 0000335769 NO V 27 2018 Location : South of and adjacent to Niobrara Blvd; east of and adjacent to CR 33. Planner: Michael Hall v Weld County Planning. y r .1,711;n1“, _ . 1555 N 17th Ave r . iGreeley Co 80631/147 Crt 1.1 (970)353-6100 ext. 3540 IF / N NS 44)17/ j I I IV 1-rFI f;FPT FARAH V REV TRUS 1� S . - _ T � "" Tti RN TO E NE er#7R NO SUCH NUMBER UNABLE TO FORWARD II f k Nii5,414 a ice ■ 8063191175 - _ _ il t f ` > - \r •j " , J z - d i j 5. 1 1 ) .i ' '- i i : t l a : i 7 7 r , ! ` ! E , ' ` i .1 j F - i ^ - a Case #. FFS 1 8-0005 “14. U.S. POSTAGE** PITNEY BOWES ONSIM Name: Peckham Development Corporation and " ; ` r s r.,.._- =as Triton Water Resources '' . �` ..r Proposed Project Resubdivis ion to amend theMliaPi-19:11 lip 8053' 1000 35 ° lot lines between Lots 1 and 2 of the Weld County n 1 04 411 • Industrial Park MINFI2-0001 I 0000335769 NOV 27 2018 Location: South of and adjacent to Niobrara Blvd ; east of and adjacent to CR 33. Planner Michael Hall i.7. - __.---714Weld County Planning Services $ 1: 1555N 17th Ave i i °-= - °..s Greeley CO 80631 _ e (970)353-6100 ext° 3540 4. CR A! r - I 1141 11: It - DEC 2C1b : 47 I smalles ,Pa it r '� E ' �` CR'RE-' Er6 � i sr ,. a 4 feli .yA�►. L a vsrs _E N .i.ir 1 NO SUCH S T R T UNABLE TO FORWARD � 1 w Etc Lv1. osis s 'i �+�it c a°/ st. L' .,tom •. it •:11 %1 uee_ • 2i{1 i.. .� 7j .r fi ur �. .pt- .� �1! T % — r w - er 1. s■ illiffillilikilliihillilidillitilliiilliiiiiiiiirilifilliiii a ~ T r - . SURROUNDING PROPERTY OWNERS RES18-0005 - PECKHAM DEVELOPMENT CORPORATION AND TRITION WATER RESOURCES, LLC, BOTH C/O MARK GOLDSTEIN NAME ADDRESS 1 CITY STATE POSTAL CODE DOUGLAS GRAHAM 20595 COUNTY ROAD 33 LASALLE CO 80645-9211 GERALD AND LYNETTE KILPATRICK 20487 COUNTY ROAD 33 LASALLE CO 80645-9211 IRENE PEPPLER 15945COUNTY ROAD 42 LASALLE CO 80645-9203 BRENT AND MEGHAN RAMSEY 20430 COUNTY ROAD 33 LASALLE CO 80645-9212 CORNERSTONE DEVELOPMENT LLC 385 INTERLOCKEN CRES STE 250 BROOMFIELD CO 80021-8062 TRITON WATER RESOURCES, LLC PO BOX 273180 FORT COLLINS CO 80527-3180 PECKHAM DEVELOPMENT CORPORATION PO BOX 273180 FORT COLLINS CO 80527-3180 EWS 3 DJ BASIN LLC C/O KE ANDREWS AND COMPANY 1900 DALROCK RD ROWLETT TX 75088-5526 MONOMOY PROPERTIES LASALLE CO LLC C/O IMPERIAL CAPITAL ASSEST 10100 SANTA MONICA BLVD STE 2400 LOS ANGELES CA 90067-4136 WELD COUNTY INDUSTRIAL PARK ASSOCIATION C/O SPECIAL DISTRICT SOLUTIONS LLC 9250 E COSTILLA AVE STE 660 GREENWOOD VILLAGE CO 80112-3695 HERGERT FAMILY REV TRUST 15883 COUNTY ROAD 21 PLATTEVILLE CO 80651-7935 JEREMY LONG AND U P STOCK YARDS 16166 COUNTY ROAD 44 LASALLE CO 80645-8729 KEVIN BARNEY 4582 S. ULSTER ST STE 1500 DENVER CO 80237 I hereby certify that I have placed a true and correct in the United States Mail, CERTIFICATE OF MAILING requirements of Weld County in Case Number RES18-0005 this 15th day of February, 2019. copy of the surronding property owners in accordance with the notification postage prepaid First Class Mail by letter as addressed on the attached list Dated the 1 h da f F b a, 20 . St hanie Frederick Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Pulled : November 16 , 2018 at 6 : 52 PM MST Application No . ME t C t l l l Parcel Number. l O 5 7 Zs- Knit QQ:ok st- lit) 5 I 3 2. ei Wes-% ei Subject Property: • � 6 L 0 c ri ``� = c .0 ig trt w +�- t A ti JL � '� 5 �.,. THE UNDER SIGNED , being first duly sworn , states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within one thousand feet ( 1 , 000) feet of the property being considered . This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the ap plication is submitted to the Department of Planning Services. Signature: Date: \ ‘. . 1 3 STATE OF COLORADO ) SS. COUNTY OF Ittrn The foregoing instrument was acknowledged before me this • NI day of NI 0 Vel,IYI 201 byptcviv\ BA r 11-dri (name of acknowledging partner or agent) , partner (or agent) on behalf of k ' Irto 9.44 g fts so - iTEC ‘t4cr. (name(name-of-tirara4imited-Liattiiity GefripaRy. NOTARY PUBLIC Al÷/41SARAH SEIPP Printed Name: Irp NOTARY PUBLIC STATE OF COLORADO My Commission Expires: 1 2,fd o License No : 101 (04003 NOTARY ID 01 003146!Y EMI EXPIRES JANUARY 26, 2020 Si. lii $0;471"77:11 7 I WELD COUNTY Selected Parcels Re Report ONLINE MAPPING Report generated : 11/16/2018 6 : 37 : 17 PM kis 1 t n P 41/4 ii I: ---, t In 1 i Imi -.L. It 7, i --s ate _ I i ^ { rJ .r iv Prat s' � _ -.'�S I I 1��J�'��' �f f, - w:- _ .. �� i a r i - - 0 _ u- 1-11 ,it, i .tcer ., - — -4, f :44e OM ills r iskic Cr fr. 1 . V II ill . , , ass -7 i i - sr / r a I r e O 4 I 6 - ar I ally :I wp . 14.1 ill ‘.- . ' 'lb i1 alio 3 tr-in a P -- i . „, i - - - 0$ 7' rtmall! CC . i 1 t I -_1. I MI 1MCCI -- I _ - al rill .' ' A : sw i r tc 'Jft ' d ysli- ati lt afrilatit :. i 1111711?"4. - 1= !; ij. — iz — a t • Ilk tier .' a La. iP F W .— $ _ III ` ' - 114 M „_ T' ( ' F j f I k , fig f + �. , b _or r : . K W,.T� a Lr _.' I. : • I.= �, - a" aa ir r;,17— el, it ; CPS" _sr r\fras- I, 1 _ am, ii 5 i r LL: 11,2 ` , ' f ; Ig- U Orr ' b . il Ira ' Iiiilk . I ` I ,fry"' - I 4 3;‘ : i 7 ;7: - I VidiCR_Ti-8 ,(1:112 jef t"::::7 - --tij I 4 •-iiir r .,, r, _. -. . . ' _ to. -1"- "A. tri t. ' is y; ' I Jkso vt 1 I i Illt Ill IL WC"�',: ii; �" �" ■ (, ". IR�4�.�J 1i - ' � ----- - _ '1 '9 i _. ' - ' _ ir•84 ` � Wigs- a+y� °,7�.7p — � - .. ... ;aa. *'>:-' _ _ ' , • _. - _ allailaR^ � ma iiiiiiri-riiftta _a Account Owner Physical Address M1119299 BAKER DANIEL L 21 042 PECKHAM DR WELD R0087087 DINNER PECKHAM JUNCTION FARM LLC 17086 COUNTY ROAD 44 WELD R0093287 MARTINEZ ANTHONY L 16035 COUNTY ROAD 44 WELD R0093287 MARTINEZ ANDREA K 16035 COUNTY ROAD 44 WELD R0140891 RAMSEY BRENT 20430 COUNTY ROAD 33 WELD R0140891 RAMSEY MEGHAN 20430 COUNTY ROAD 33 WELD R0278687 U P STOCK YARDS 16166 COUNTY ROAD 44 WELD R1448302 KILPATRICK GERALD F 20487 COUNTY ROAD 33 WELD R1448302 KILPATRICK LYNETTE K 20487 COUNTY ROAD 33 WELD R1448402 PEPPLER IRENE M 15945 COUNTY ROAD 42 WELD 83112304 SCHMIDT BRET W 20085 COUNTY ROAD 35 WELD R4326706 FRITZLER GLEN 20909 COUNTY ROAD 33 WELD R4326806 FRITZLER REAL ESTATE LLC R4326906 FRITZLER REAL ESTATE LLC R4397986 PETROCCO FAMILY LIMITED PARTNERSHIP LLLP 16323 COUNTY ROAD 44 WELD R4400406 FRITZLER REAL ESTATE LLC 20730 COUNTY ROAD 31 WELD R4411186 GRAHAM DOUGLAS A 20595 COUNTY ROAD 33 WELD This map is a user generated static output from the Weld County Property Portal mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 1 of 3 Account Owner Physical Address R4418286 BAKER DANIEL 16090 COUNTY ROAD 44 WELD R4418286 BAKER DEBRA 16090 COUNTY ROAD 44 WELD R4418386 HERNANDEZ BENITA 20952 COUNTY ROAD 33 WELD R4418386 HERNANDEZ PATRESIO R 20952 COUNTY ROAD 33 WELD R4419286 LONG JEREMY J 16166 COUNTY ROAD 44 WELD R4419386 WALTERS WILLIAM R 16046 COUNTY ROAD 44 WELD R4419486 GARCIA EMILIO L 16070 COUNTY ROAD 44 WELD R4419986 RODRIGUEZ IGALDINA 20934 COUNTY ROAD 33 WELD R6785432 TRITON WATER RESOURCES LLC 20856 COUNTY ROAD 33 WELD R6785433 PECKHAM DEVELOPMENT CORPORATION R6785434 EWS 3 DJ BASIN LLC 20668 NIOBRARA BLVD WELD R6785435 MONOMOY PROPERTIES LA SALLE CO LLC 20672 NIOBRARA BLVD WELD R6785436 PECKHAM DEVELOPMENT CORPORATION 20676 NIOBRARA BLVD WELD R6785437 20680 NIOBRARA BLVD LLC 20680 NIOBRARA BLVD WELD R6785438 T&R PROPERTIES LLC R6785439 PECKHAM DEVELOPMENT CORPORATION 20679 NIOBRARA BLVD WELD R6785440 20675 LLC 20675 NIOBRARA BLVD WELD R6785441 WELD COUNTY 20488 COUNTY ROAD 33 WELD R6785442 WELD COUNTY INDUSTRIAL PARK ASSOCIATION R6785443 TRITON WATER RESOURCES LLC R6785805 HERGERT FAMILY REV TRUST R8082599 SANCHEZ JOSE A 21150 PECKHAM DR WELD R8082699 BAKER DANIEL L 21042 PECKHAM DR WELD R8082699 BAKER DEBRA K 21042 PECKHAM DR WELD R8082799 SCHNEIDER GARY R8082899 ECKHARDT FRANK A JR R8082899 ECKHARDT STEVEN A DBA R8082899 ECKHARDT FARMS PARTNERSHIP R8082899 ECKHARDT DAVID F R8945599 CARLSON CLARENCE A R8945599 CARLSON VIOLET JUNE R8945600 CARLSON CLARENCE A R8945600 CARLSON VIOLET JUNE R8945601 CARLSON CLARENCE A► R8945601 CARLSON VIOLET JUNE R8946811 HERGERT FAMILY REV TRUST R8948395 WELD COUNTY R8948398 WELD COUNTY R8948399 CORNERSTONE DEVELOPMENT LLC 20661 NIOBRARA BLVD WELD R8951918 WELD COUNTY R8951919 PETROCCO FAMILY LIMITED PARTNERSHIP 16284 COUNTY ROAD 44 WELD R8952008 WELD COUNTY R8952009 WELD COUNTY This map is a user generated static output from the Weld County Property Portal mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 2 of Account Owner Physical Address R8952010 PETROCCO FAMILY LIMITED PARTNERSHIP LLLP 16460 COUNTY ROAD 44 WELD R8952011 WELD COUNTY R8952012 CERVANTES JOSE 16474 COUNTY ROAD 44 WELD R8953285 FRITZLER REAL ESTATE LLC R8953286 FRITZLER REAL ESTATE LLC 20861 COUNTY ROAD 33 WELD R8955813 WELD COUNTY 54 Unique Accounts 66 Owners This map is a user generated static output from the Weld County Property Portal mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 3 of 3 WELD COUNTY INDUSTRIAL PARK - LOTS 1 & 2 RESUBDIVISION SURROUNDING PROPERTY OWNER INFORMATION November 19, 2018 Account Parcel Owner Property Address Mail Address 1 Mail Address 2 Mail City State Mail Zipcode M1119299 105714002001 BAKER DANIEL L 21042 PECKHAM DR WELD 21042 PECKHAM DR LA SALLE CO 806457919 R0087087 105714000059 DINNER PECKHAM JUNCTION FARM LLC 17086 COUNTY ROAD 44 WELD 1814 14TH AVE GREELEY CO 806315306 R0093287 105714000057 MARTINEZ ANDREA K 16035 COUNTY ROAD 44 WELD R0093287 105714000057 MARTINEZ ANTHONY L 16035 COUNTY ROAD 44 WELD PO BOX 46 LA SALLE CO 806450046 R0140891 105723000057 RAMSEY MEG HAN 20430 COUNTY ROAD 33 WELD R0140891 105723000057 RAMSEY BRENT 20430 COUNTY ROAD 33 WELD 20430 COUNTY ROAD 33 LASALLE CO 806459212 R0278687 105723000012 U P STOCK YARDS 16166 COUNTY ROAD 44 WELD GREELEY CO 80631 R1448302 105722400013 KILPATRICK LYNETTE K 20487 COUNTY ROAD 33 WELD R1448302 105722400013 KILPATRICK GERALD F 20487 COUNTY ROAD 33 WELD 20487 COUNTY ROAD 33 LA SALLE CO 806459211 R1448402 105722400014 PEPPLER IRENE M 15945 COUNTY ROAD 42 WELD 15945 COUNTY ROAD 42 LA SALLE CO 806459203 R3112304 105723400002 SCHMIDT BRET W 20085 COUNTY ROAD 35 WELD 16895 COUNTY ROAD 42 LA SALLE CO 806459201 R4326706 105722100018 FRITZLER GLEN 20909 COUNTY ROAD 33 WELD 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R4326806 105722100019 FRITZLER REAL ESTATE LLC 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R4326906 105722100020 FRITZLER REAL ESTATE LLC 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R4397986 105714000006 PETROCCO FAMILY LIMITED PARTNERSHIP LLLP 16323 COUNTY ROAD 44 WELD 14110 BRIGHTON RD C/O GRADER BLDG BRIGHTON CO 806017318 R4400406 105722100025 FRITZLER REAL ESTATE LLC 20730 COUNTY ROAD 31 WELD 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R4411186 105722000007 GRAHAM DOUGLAS A 20595 COUNTY ROAD 33 WELD 20595 COUNTY ROAD 33 LA SALLE CO 806459211 R4418286 105723000010 BAKER DEBRA 16090 COUNTY ROAD 44 WELD R4418286 105723000010 BAKER DANIEL 16090 COUNTY ROAD 44 WELD 21042 PECKHAM DR LA SALLE CO 806457919 R4418386 105723000011 HERNANDEZ BENITA 20952 COUNTY ROAD 33 WELD 20952 COUNTY ROAD 33 LA SALLE CO 806459212 R4418386 105723000011 HERNANDEZ PATRESIO R 20952 COUNTY ROAD 33 WELD R4419286 105723000012 LONG JEREMY J 16166 COUNTY ROAD 44 WELD 16166 COUNTY ROAD 44 LA SALLE CO 806458729 R4419386 105723000044 WALTERS WILLIAM R 16046 COUNTY ROAD 44 WELD 16046 COUNTY ROAD 44 LA SALLE CO 806458708 R4419486 105723000045 GARCIA EMILIO L 16070 COUNTY ROAD 44 WELD 16070 HIGHWAY 256 LA SALLE CO 806458708 R4419986 105723000052 RODRIGUEZ IGALDINA 20934 COUNTY ROAD 33 WELD 20934 COUNTY ROAD 33 LA SALLE CO 806459212 R6785432 105723201001 TRITON WATER RESOURCES LLC 20856 COUNTY ROAD 33 WELD PO BOX 273180 FORT COLLINS CO 805273180 R6785433 105723201002 PECKHAM DEVELOPMENT CORPORATION PO BOX 273180 FORT COLLINS CO 805273180 R6785434 105723201003 EWS 3 DJ BASIN LLC 20668 NIOBRARA BLVD WELD C/O K E ANDREWS & COMPANY 1900 DALROCK RD ROWLETT TX 750885526 R6785435 105723201004 MONOMOY PROPERTIES LA SALLE CO LLC 20672 NIOBRARA BLVD WELD C/O IMPERIAL CAPITAL ASSET MANAGEMENT LLC 10100 SANTA MONICA BLVD STE 2400 LOS ANGELES CA 900674136 R6785436 105723201005 PECKHAM DEVELOPMENT CORPORATION 20676 NIOBRARA BLVD WELD PO BOX 273180 FORT COLLINS CO 805273180 R6785437 105723201006 20680 NIOBRARA BLVD LLC 20680 NIOBRARA BLVD WELD 351 GLENCOE ST DENVER CO 802205756 R6785438 105723201007 T& R PROPERTIES LLC 3543 S COUNTY ROAD 5 LOVELAND CO 805378742 R6785439 105723201008 PECKHAM DEVELOPMENT CORPORATION 20679 NIOBRARA BLVD WELD PO BOX 273180 FORT COLLINS CO 805273180 R6785440 105723201009 20675 LLC 20675 NIOBRARA BLVD WELD 125 5 HOWES ST FL 2 FORT COLLINS CO 805212706 R6785441 105723201010 WELD COUNTY 20488 COUNTY ROAD 33 WELD PO BOX 758 GREELEY CO 806320758 R6785442 105723201011 WELD COUNTY INDUSTRIAL PARK ASSOCIATION C/O SPECIAL DISTRICT SOLUTIONS LLC 9250 E COSTILLA AVE STE 660 GREENWOOD VILL CO 801123695 R6785443 105723201012 TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS CO 805273180 R6785805 105723300004 HERGERT FAMILY REV TRUST 15883 COUNTY ROAD 21 PLATTEVILLE CO 806517935 R8082599 105714001005 SANCHEZ JOSE A 21150 PECKHAM DR WELD 21150 PECKHAM DR LA SALLE CO 806457900 R8082699 105714002001 BAKER DEBRA K 21042 PECKHAM DR WELD R8082699 105714002001 BAKER DANIEL L 21042 PECKHAM DR WELD 21042 PECKHAM DR LA SALLE CO 806457919 R8082799 105714002002 SCHNEIDER GARY 3012 W 12TH STREET RD GREELEY CO 806345346 R8082899 105714003001 ECKHARDT STEVEN A DBA R8082899 105714003001 ECKHARDT FARMS PARTNERSHIP R8082899 105714003001 ECKHARDT FRANK A J R 21454 COUNTY ROAD 33 LA SALLE CO 806457905 R8082899 105714003001 ECKHARDT DAVID F R8945599 105723100005 CARLSON CLARENCE A 16894 COUNTY ROAD 44 LA SALLE CO 806458734 R8945599 105723100005 CARLSON VIOLET JUNE R8945600 105723100006 CARLSON CLARENCE A 16894 COUNTY ROAD 44 LA SALLE CO 806458734 R8945600 105723100006 CARLSON VIOLET JUNE R8945601 105723200007 CARLSON CLARENCE A 16894 COUNTY ROAD 44 LA SALLE CO 806458734 R8945601 105723200007 CARLSON VIOLET JUNE R8946811 105723300009 HERGERT FAMILY REV TRUST 15883 COUNTY ROAD 21 PLATTEVILLE CO 806517935 R8948395 105723200008 WELD COUNTY 1150 O ST GREELEY CO 806319596 R8948398 105723200010 WELD COUNTY 1150 O ST GREELEY CO 806319596 R8948399 105723200011 CORNERSTONE DEVELOPMENT LLC 20661 NIOBRARA BLVD WELD 385 INTERLOCKEN CRES STE 250 BROOMFIELD CO 800218062 R8951918 105723200015 WELD COUNTY 1150 O 5T GREELEY CO 806319596 R8951919 105723200016 PETROCCO FAMILY LIMITED PARTNERSHIP 16284 COUNTY ROAD 44 WELD 14110 BRIGHTON RD C/O MARTIN WRHSE ON 6 ACRE BRIGHTON CO 806017318 R8952008 105723200017 WELD COUNTY 1150 O ST GREELEY CO 806319596 R8952009 105723200018 WELD COUNTY 1150 O ST GREELEY CO 806319596 R8952010 105723200019 PETROCCO FAMILY LIMITED PARTNERSHIP LLLP 16460 COUNTY ROAD 44 WELD 14110 BRIGHTON RD C/O GRADER BLDG BRIGHTON CO 806017318 R8952011 105723200020 WELD COUNTY 1150 O 5T GREELEY CO 806319596 R8952012 105723200021 CERVANTES JOSE 16474 COUNTY ROAD 44 WELD 16474 COUNTY ROAD 44 LA SALLE CO 806458729 R8953285 105722100029 FRITZLER REAL ESTATE LLC 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R8953286 105722100030 FRITZLER REAL ESTATE LLC 20861 COUNTY ROAD 33 WELD 20909 COUNTY ROAD 33 LA SALLE CO 806459211 R8955813 105723200090 WELD COUNTY 1150 O ST GREELEY CO 806319596 SURROUNDING PROPERTY OWNERS RES18-0005 NAME ADDRESS 1 ADDRESS 2 CITY, STATE ZIP DINNER PECKHAM JUNCTION FARM LLC 1814 14TH AVE GREELEY CO 80631 ANDREA & ANTHONY MARTINEZ 16035 CR 44 PO BOX 46 LASALLE CO 80645 M EGHAN & BRENT RAMSEY 20430 CR 33 LASALLE CO 80645 U P STOCK YARDS 16166 CR 44 GREELEY CO 80631 LYNETTE & GERALD KILPATRICK 20487 CR 33 LASALLE CO 80645 IRENE PEPPLER 15945 CR 42 LASALLE CO 80645 BRET SCHM IDT 15427 CR 74 LASALLE CO 80645 GLEN FRITZLER 20909 CR 33 LASALLE CO 80645 PETROCCO FAMILY LTD PARTNERSHIP LLP 14110 BRIGHTON RD BRIGHTON CO 80601 FRITZLER REAL ESTATE LLC 20730 CR 31 LASALLE CO 80645 DOUGLAS GRAHAM 20595 CR 33 LASALLE CO 80645 DEBRA & DANIEL BAKER 21042 PECKHAM DR LASALLE CO 80645 BENITA & PATRESIO HERNANDEZ 20952 CR 33 LASALLE CO 80645 JEREMY LONG 16166 CR 44 LASALLE CO 80645 WILLIAM WALTERS 16046 CR 44 LASALLE CO 80645 EMILIO GARCIA 16070 HWY 256 LASALLE CO 80645 IGALDINA RODRIGUEZ 20934 CR 33 LASALLE CO 80645 EWS 3 DJ BASIN LLC C/O K E ANDREWS & COMPAI`r 1900 DALROCK RD ROWLETT TX 75088 MONOMOY PROPERTIES LA SALLE CO LLC C/O IMPERIAL CAPITAL ASSET 10100 SANTA MONICA BLVD LOS ANGELES CA 90067 20680 NIOBRARA BLVD LLC 351 GLENCOE ST DENVER CO 80220 T& R PROPERTIES LLC 3543 CR 5 LOVELAND CO 80537 20675 LLC 125 5 HOWES ST FL 2 FT COLLINS CO 805212 WELD COUNTY INDUSTRIAL PARK ASSOC C/O SPECIAL DISTRICT SOLUTII 9250 E COSTILLA AVE STE 66C GREENWOOD VIL 80112 HERGERT FAMILY REV TRUST 10010 STATE HWY 14 PLATTEVILLE CO 80651 JOSE SANCHEZ 21150 PECKHAM DR LASALLE CO 80645 GARY SCHNEIDER 3012 W 12TH STREET RD GREELEY CO 80634 FRANK ECKHARDT 21454 CR 33 LASALLE CO 80645 CLARENCE & VIOLET CARLSO N 16894 CR 44 LASALLE CO 80645 CORNERSTONE DEVELOPMENT LLC 385 INTERLOCKEN CRES STE i BROOMFIELD CO 80021 JOSE CERVANTES 16474 CR 44 LASALLE CO 80645 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number RES18-0005 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 26th day of November, 2018. Dated the 26th day of November, 2018 Kris Ranslern Recording Secretary for Planning Commission INVENTORY OF ITEMS FOR CONSIDERATION Applicants : Triton Water Resources & Peckham Development Corporation Case Number RES1 1005 Planner: Michael Hall Submitted or Prepared Prior to At Hearing Hearing 1 Undeliverable mailings (x3) X I hereby certify that the 1 item identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing . ii4,4"/ /gal,/ Michael Hall , Planner February 13 , 2019 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/15/2019 11:11:46 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld Countyssessor was assembled within thirty days of the applications submission date. Signature 0//d/ao/7 Property Owners Within 500 Feet of Parcel # 105723201001 Date Account Parcel Owner Mailing Address R4411186 105722000007 GRAHAM DOUGLAS A 20595 COUNTY ROAD 33 LA SALLE, CO 806459211 R1448302 105722400013 KILPATRICK LYNETTE K R1448302 105722400013 KILPATRICK GERALD F 20487 COUNTY ROAD 33 LA SALLE, CO 806459211 R4419286 105723000012 LONG JEREMY J 16166 COUNTY ROAD 44 LA SALLE, CO 806458729 R0278687 105723000012 U P STOCK YARDS GREELEY, CO 80631 R8948398 105723200010 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8948399 105723200011 CORNERSTONE DEVELOPMENT LLC 385 INTERLOCKEN CRES STE 250 BROOMFIELD, CO 800218062 R6785432 105723201001 TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS, CO 805273180 R6785433 105723201002 PECKHAM DEVELOPMENT CORPORATION PO BOX 273180 FORT COLLINS, CO 805273180 Parcels: 11 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/15/2019 11:11:46 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ,2/O/.1a7 Property Owners Within 500 Feet of Parcel # 105723201001 Signature Date Account Parcel Owner Mailing Address R6785434 105723201003 EWS 3 DJ BASIN LLC C/O K E ANDREWS & COMPANY 1900 DALROCK RD ROWLETT, TX 750885526 R6785441 105723201010 WELD COUNTY PO BOX 758 GREELEY, CO 806320758 R6785443 105723201012 TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS, CO 805273180 Parcels: 11 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 2/ 15/2019 AFFIDAVIT OF INTERESTED LAND OWNFRS 11 : 11 : 47 AM SURFACE ESTATE THE UNDERSIGNED , States that to the best of his or her knowledge the attached list is a true and accurate list of the names . addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property ( the surface estate ) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site , http : //www . co . weld . co . us , and has not been modified from the original • The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date . / Signature 07,11d1.01a7 Date Property Owners Within 500 Feet of Parcel # 105723201001 +• 444111 ‘4 *4. *4 41,, . 4 d *el ' se. ' • ' iir, # • ' a , J4‘. \,„ 1 its‘ .. - . rn, Lt"4'4' : stNte-1 el w*. :4.4-c**$ - . ve --t) . .N . i ../4/- .. 4 . .q..,,, .., :, a , • 40 .4 11044 :47 • • 1 " sr 76 A i n • 487fir , • ••••• - * 4, tit, • . 4 / r ,:: . i1 tr. , *§►•. i. .^q yam - . Dui .vI♦Y /" v'T '•F-•a _�' siost. _.♦. . .. C. t 011kb. ` ' s4•. "wy�..r1 } . . / s # f n 0 . 'I` iti►jg/! 'Lf r' �,. p' *41P Fr 1.14iir Alj _ i , - , -. /`t t. • . rte !• _} ,� ` �i.c�, • F ��, 4 - ' 0_ 1- 1; il a . yes • /e • i y I it • el - 14gr ....1 `mot : pi, 'L ! � { . 1• • ; r 'r } •. ,• \` - . •,�; . • t. tat i et 44 R 4. V tig 11/4 -La tilt •% 4 . . , ,,,... , , , . ,...., 4 N e ' -..n_ ,4.2,a ...-- -k, • •_ .. 114 >it . ,0- ,, . _. — -As . `P fel- - f.• ••••.A. , . . . /.11%. el `44 3 t• . Sp ‘ . t lit c 1 It. . :: NO" . i#t ..i. 4% et . , , ra �, i ,3j,r i;iii sat* v ' ;t ? 3 Mfit - . b i • Ir :.. is r E . ea, ' t' ; Y , '` - . ' e i, ,f • sq < * ! LathiJ 113 ir,4'03S .•��Ay �.f °�• J/`. •'�� t j� t �, `� r• R .. • - 4 • _ . . . i- __ `(( 42 11./. . . ti •� • •. � . SI 40 I:* T , - • ,titat e . . I" 4. ..., . ... ...-1-1.0•11.4144- 04.-•• Sel.• S" ' I'. 0 • *Mier a. ill - t -. ; 4 Lfr4 .. .. . .‘ 1. - s si .4, _ lir/ 1, irpt,44,1r It ..., ' r f` l , :V ', ii .3 " • • - .4,r- - a/1 *4 ./ • eC:Pr :71 ' ' 4 1 11 et. c •,,.,:' 4.‘•,..:O; . I ' ' :,: . :, A i s , . . it • -. i 6 i 1 ti w ', . jji" • r fit. . '. - i:. •"T-� {' + r ?� •. a 1.4 i ; • '�i n- • / • t , • V �- v . ` T , :'. 1 • �_ _ + {. - •! I; Y" ` • 1 'i# YZI' ' r' .. IV " ' Mf4 .i'� ,� ; � �, v • N S •�r- ,* •C� 4 •+ /Se . f + l yr S .ie + I .,1 ,a .�'1�. i�' • a t j l� + r�1 l F‘• .t t • ,� ' •, 4 f ' 7 y y (. psia li,, aM .! - - } !`. . •i f �. �$A r'„ - 7₹ 1 1 •.. { r 1 • • ^{ i 1 '' e.' • .•r .+ _� r 1 , �; , 3s. i' jj ..i 04 ' . St p ys ue. � � z •., _ 1 ! • •�: 11 !''1 4 • i • L r. r N- Parcels : 11 Owner Records : 12 Page 3 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/15/2019 11:13:23 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 105723201002 Account Parcel Owner Mailing Address R4411186 105722000007 GRAHAM DOUGLAS A 20595 COUNTY ROAD 33 LA SALLE, CO 806459211 R1448302 105722400013 KILPATRICK LYNETTE K R1448302 105722400013 KILPATRICK GERALD F 20487 COUNTY ROAD 33 LA SALLE, CO 806459211 R1448402 105722400014 PEPPLER IRENE M 15945 COUNTY ROAD 42 LA SALLE, CO 806459203 R0140891 105723000057 RAMSEY MEGHAN R0140891 105723000057 RAMSEY BRENT 20430 COUNTY ROAD 33 LASALLE, CO 806459212 R8948398 105723200010 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8948399 105723200011 CORNERSTONE DEVELOPMENT LLC 385 INTERLOCKEN CRES STE 250 BROOMFIELD, CO 800218062 R6785432 105723201001 TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS, CO 805273180 Parcels: 15 Owner Records: 17 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/15/2019 11:13:23 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 105723201002 c\i/4/c0/7 Signature Date Account Parcel Owner Mailing Address R6785433 105723201002 ww PECKHAM DEVELOPMENT CORPORATION PECKHAM n�v1_vL.w tv� ,�� CORPORATION VI PO BOX 273180 �' \!/� FORT COLLINS, CO 805273180 R6785434 105723201003 EWS 3 DJ BASIN LLC C/O K E ANDREWS & COMPANY 1900 DALROCK RD ROWLETT, TX 750885526 R6785435 105723201004 MONOMOY PROPERTIES LA SALLE CO LLC C/O IMPERIAL CAPITAL ASSET 10100 SANTA MONICA BLVD STE 2400 LOS ANGELES, CA 900674136 R6785441 105723201010 WELD COUNTY PO BOX 758 GREELEY, CO 806320758 R6785442 105723201011 WELD COUNTY INDUSTRIAL PARK ASSOCIATION C/O SPECIAL DISTRICT SOLUTIONS LLC 9250 E COSTILLA AVE STE 660 GREENWOOD VILLAGE, CO 801123695 R6785443 105723201012 TRITON WATER RESOURCES LLC PO BOX 273180 FORT COLLINS, CO 805273180 R6785805 105723300004 HERGERT FAMILY REV TRUST 15883 COUNTY ROAD 21 PLATTEVILLE, CO 806517935 R8946811 105723300009 HERGERT FAMILY REV TRUST 15883 COUNTY ROAD 21 PLATTEVILLE, CO 806517935 Parcels: 15 Owner Records: 17 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 2/ 15/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 11 : 13 : 23 AM SURFACE ESTATE THE UNDERSIGNED , States that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property ( the surface estate ) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site , http : //www . co . weld . co . us , and has not been modified from the original . The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date . 42._ Signature c .,./14,,./te/c.-320/C-i_____ Date Property Owners Within 500 Feet of Parcel # 105723201002 211/ + % . . :aim. sr .) , • -` -',. - 1 , edee frit 3lorcienip. "ii, el:. 1 13/40 ii. • i ile ii tali / g ( / -4.- : .: /� 7 ,j! r�+r.eln err++Fi•L • - .� ll ilk'T . ,/ I A + 40041"ar ' 4 Pi 114 ‘• • ' . iist e , _ .. . 74,:04. .ert:d . t. � = `�� • ickok. 1..... , i / ...... • T .;`i. •� s 'r � MC • ,, .tt� Ian -L..\ -. r A • ... 1 ,L• • 7..d:Arthr , y Htt . . ' L!!•4f • 1 1Cop < p �:. � 40' r u a •it1't , nThit 'b ,T.tra t "�'} 3 wuM N -Tr : ✓ . le ..: I' 311C 4." 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Kimley-Horne 4582 South Ulster Street, Suite 1500 Denver CO, 80237 RE: Can Serve Dear Mr. Barney, This letter is in response to a request for water service to serve the following property described as follows: L2 WELD COUNTY INDUSTRIAL PARK Parcel: #105723201002 Water service can be made available to the above described property located on Niobrara Blvd. and County Road 33, in the Weld County Industrial Park with new tap purchases provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District, the Subdistrict, and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that a Tap Agreement be consummated prior to the setting of a tap or this letter shall become nulI and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that it is your responsibility to contact Northern Colorado Water Conservancy District at 800-369-7246 for petitioning, confirmation into the Northern Colorado Water Conservancy District and Subdistrict. Central Weld cannot issue a tap until all requirements are satisfied This is in accordance with the Rules and Regulations of Northern Colorado Water Conservancy District. A review of the District's system in this water service area will need to be done prior to water taps being sold. A water tap installation is for a specific parcel of property and a customer will not be permitted to extend a service line from one parcel or property to another parcel to provide additional water service. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (1) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD C ATER DISTRICT Stara Linker, 'sstrict Manager SL/bg 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Stan Linker, District Manager Hello