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Home My WebLink About20194839.tiffRESOLUTION RE: APPROVE RECORDED EXEMPTION, RECX19-0061 - PAUL AND CRYSTAL ESH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX19-0061, was submitted by Paul and Crystal Esh, 46715 CR 19, Nunn, Colorado 80648, for property which is located on the following described real estate, to -wit: W1/2 E1/2 of Section 28, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under C.R.S. §30-28-101(10)(d), did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX19-0061, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into four parcels estimated to be approximately four (4) acres (three parcels) and 149 acres in size. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land, be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Paul and Crystal Esh for Recorded Exemption, RECX19-0061, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new Recorded Exemption lots and associated recording fees. The deeds will be recorded in conjunction with the Recorded Exemption plat. B. The applicant shall attempt to address the concerns of Weld County School District RE -9, as stated in the referral response dated May 14, 2019, per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. Cc PLCOGc.ITP),CLPPLS oail@iaz 2019-4839 RECX19-0061 RECX19-0061 - PAUL AND CRYSTAL ESH PAGE 2 C. Lots A, B and C shall comply with the two and one-half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-1 RECX19-0061. B. All access points shall conform to Section 8-14-30 - Regulation of access onto County roadways, subsections A, E, and I of the Weld County Code. C. County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified, it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified, it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. Show and label the agricultural access and proposed access point to the cluster of Lots A, B and C. Public Works will review the access location as a part of the plat submittal. 2019-4839 RECX19-0061 RECX19-0061 - PAUL AND CRYSTAL ESH PAGE 3 F. Setback radii for existing oil and gas tank batteries and wellheads shall be indicated on the plat, per the setback requirements of Section 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. The following notes shall be placed on the plat: A. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of the Weld County Code. B. Any future structures or uses on the site must obtain the appropriate zoning and building permits. C. Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. D. The largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net, unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P of the Weld County Code. E. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. F. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. G. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 2019-4839 RECX19-0061 RECX19-0061 - PAUL AND CRYSTAL ESH PAGE 4 H. Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. J. 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. K. The historical flow patterns and runoff amounts will be maintained on the site. L. Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C, and D have an adequate water supply of sufficient quality, quantity and dependability. M. Potential purchasers should be aware that Lots A, B, and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. N. Potential purchasers should be aware that groundwater may not meet all drinking water standards, as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. O. Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. P. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. Q. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, the County Facility Fee, and the Drainage Impact Fee Programs. R. Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is 2019-4839 RECX19-0061 RECX19-0061 - PAUL AND CRYSTAL ESH PAGE 5 requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. S. 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 persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. T. Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 4. Additional Information. A. A Weld County septic permit is required for any proposed building requiring water and sewer. The septic system shall be installed according to the Weld County On -site Wastewater Treatment System regulations. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The mylar plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the Board of County Commissioners Resolution was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date the BOCC Resolution was signed, a $50.00 recording continuance charge shall added for each additional three (3) month period. 2019-4839 RECX19-0061 RECX19-0061 - PAUL AND CRYSTAL ESH PAGE 6 7. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required, even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: - /�• tt J 4C.10;t1 Weld County Clerk to the Board BY: APP Deputy Clerk to the Boar ounty orney Date of signature: 0Q_/1.2/20 arbara Kirkmeye}, Chair Mike Freeman, Pro -Tern SeaConway James Steve Moreno 2019-4839 RECX19-0061 I Esh Ranch _ Who we are •We are a hard-working ranch family and have worked hard over the last 15 + years to build our cattle and hay ranch. We hope to keep ranching into the future and provide a successful ranch for our family and the generations to come. F ��slnec� ?Ce&A. Ioa1„{ p` dot D IL -12 9'4'73 lat.A `i aces - 11 RLI Ac Lot C y3 lot li 9 (11 - Lot C 5 AUos Lot 6 9A -Acs Loi- A '14.4 -es boo Lot D IN9 94-73 Original Proposal �In Apnl 2019 we presented our intent pnor to submitting the application for the 4 lot RE permit to Diana. She indicated that this should be an easy process and that there should not be any problems moving forward. In April 2019 we presented our intent for the 4 lot RE to Diana. She indicated that there should not be any problems moving forward. Lof D LA+A y Aces Lott yACits Lot Lkerts OO As Submitted •We were instructed to go to the county clerk and deed our land into two 160 acre lots instead of one 320 tot. We were advised to present them in separate 4RE permits. DEPARTMENT OF PLANNING SERVICES 535 N ' r A eta Greeley C.aks 3O_ d >31 W abate wavv .ueidpw corn Frn.ed drtunuseareeldrace Can Phone (970) 400-3524 cS1 (970 304-6‘98 lure 20. 2019 Subject Recorded Paamptwn RECX19-0C91 Appocam rho ' oporr part nr Planning Swa-n Pa ri ee►inailed l your arpro n aM rlled queens f compliance v *eh the Weed County Coda • 0_ d the: prnpoced Recorded Exempla meets the intent of the Code and I hes been r naby approved by staff We have endosed our comments for your cue lease sense ail map devilled in Vie staff wnrnanb Pr Cr b sulmrhs%g tee Uybr Warne worn4 en o4octrorec draft IP0F) of year prat for renew by the Oeperhnenl of Pbvwrg Services staff Lpor approve! .d• the draft plat crease submit a Mytar plat along wilh M ceher lou.n entatsvt recurred as condoms of apaova The Myter plat she tee recorded in the office of the Weld County Carte and Recorder by Department d P'arrwal Services Staff The pfe! Mae be prepared rn eccordance *eh the regtsements of Section 24-8-60 of the Wero County Code. T ns Myer pot and sddtonal requirements snail be submitted *ten sixty i BO daya after the date Ile Admnitgrsbve Review was speed or after the dab of Itte Board I County Cornmeannett rano*Abn Tytere s a $13 din wording Me per Myer rem Mal you wee be reeponaeb for peylnp b record tie past. adDbons pegs are 310 each in accordance a Ann Wok, County Code Orestes 20U5.7 approved June 1 2005. %noted M pus not be recorded wwn the foetal sly (SO) deya torn n date the ACmmtrelrm Revs was seed a $50 Waring cosm/ata charge shat be added for no eddt onal 3 mane. polled Reese contact ens we any quieten ti-CisLk %1-44C Dyne Aungst Ronne, Ii Approvals •All RE applications were submitted as instructed. On June 20th, 2019 we were notified by letter that we were in compliance and our proposed RE meets the intent of the Code and the permit was conditionally approved. 18 2003 under reception nurroer 03107608►. The proposed access for this Recorded Exemption does not align itser with The Sires access pant or any other permitted access points to the south The Shim PUD has a sngle approved pont of ingress arc egress however the property owners wdnn tries PUD rave constructed new accesses for convenience These new accesses are not recounted DI, Weld County Put& Wortce as a saic, +oyal. and permitted accaaea The two eaess focatlons proposed ku the Ear Recorded Exemption are talcw :he crest a' the n. on County Rose 100 as goo travel sat As proposed. the location d these access points appear to create a traffic safety hazard Additionally. the proposed accesses are an a co ector status road with a posted screed lima of 55 (County Road 100) Thy suaect property seise ad;acent to County Road 102 to the north County Road 102 Is a gravel road that typically has reduced steeds Cocnty Road 102 also has a better sight distance between County Reeds 17 and 19 Due to County Road '02 having a lower traffic court than County Road 100 the access pangs) should be on County Road 102 per 24440 0 4 The proposed Recorded Exemption as simmered •s not compliant wen a safe pont of rngress era egress to a publicly maintained road The appbcation proposed to utilize a shared access fa five 5J to seven (71 lots vntho,t addressing or constructing b the minimum rural road cross sect on This road is a private 'odd and tie access to it is snow+ on the Recorded Exemption plat as a shared access between the two Lot Ds or County Road 100 This a not a pdrblicfy maintained road and there rs no evcance of a matrteiarce agreement with property owners and no evidence that the rosC as constructed anti provide adequate access for fast rosuorxturs Bacltgrour 8/20319 -tits Recorded Exemption was rweyottenly cuna,ttona!ty approved Dy staff 8.23' 9 e appicant su(ntled drat Recorded Exempticr plats for review ty staff 1C:3'9 Framing Star and Public Ylonts c.scusseo MA two proposec gout (4) -Lot Recorded Exemptions and that they appear tc be a te.bdtvrston (both Recorded Exemptions are owned by the same property 'wily 1 Cv ¶ 4,19 Staff meeting with the applicant Tr'e applicant was notified flat staff cannot support the tic, 4xr4ot Recorded Exemptions as submits° The applicant was given the choice to wehdra,. one or the Recorded Exempt on cases or propose a recon tguretion of the iota 16 i r3.' 1 <) The apphscant abrertted ar alternate corriguretfron for RCCX 19-0061 the 46' -acre property ad event to the east however the arrangement of tots on this Recorded Exemption (RECX19- 0060) ransomed tie same 10:18/19 Dating the steer/ joint meeting with Public Works and Panning Staff it was noted that the new cardrgurettixr Dosed sa rvfcant access issues lot tat Weld County Pubbc Works Duper er 10;29/19 The sop cant Has rota ed rat tress two Reooroed Exemptions tRECX 14-0080 and RECX 19- 006' 1 a4' need ro oe dented anti taxes before the Board of County Commissioners 11141* Tin opebcant was asked 1 trey weir to proceed with this case before the Board of County Ctrnmtsstoners The applicant indicated that they wish tc proceed OS pee were to tie epprcvec. the aopl,cant or future iendowner wowed be ebgble to *WY for another Recorded Exemption under the current Recorded Exemption regulators Proposed Lot D 4 -150 acres so depending on the tit um there is a potential to create 2 or 3 more 4 -lot Recorded Exemptions wither the nerd ten 110) veers Splitting the parcel mg the Recorded Exemption process could again be repeated on the argest lot every tive years by the Mot Recorded Exemption process unto the property ks ^0 longer ab•e to mast toe Inset lot we requirement of grser than 35 acres net per Section 24-8-40 P while that pcsstbfe scenario I pemntted by Weld County Code Chaplet 24 Anide 8. 4 does not meet the intent i C,aater 24 knot 8 Siould the Board of County Commissioners approve this request, the Department recommends the following conditions be attached. w ( U • * lAAS -. M.,o A I N Approvals cant a After approximately 134 days of review they say that they were sending our proposals into the process of denial. Before this we had no idea nor were we lead to believe there were any problems with our proposals. 1,14 •119 Fees paid to Weld RE -9 School District One of two letters showing payment Receipts for both totals due totaling due to Weld Re -9. $6594.00 showing all payments received. rwxeaeeemooiama Co. Yom. ..Ys..�.. Vt. 0.mateftrlacemblay detseake La s..ea.avekee Y.�YfYI nYPYC. p �YYamaf deammly.......latl*parl lam mmeillnad.mo ..�.mY aa..4Y.a.10 Dorlaq ._..b_T_.__ �d.�-daaareams gaalmt Water Permit .In this letter to Diana Aungst date May 20, 2019, it is noted in the first paragraph that "The submitted material does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a)". COLORADO led•SeefAde® lipsdwasem 410720 an9 eras Amite Weld Casty aepmnva or Plwaw Sesm Tm.9,999w.mel RACSEMIRRISCASS0 Lo halal WecadetlEutpbonh Pen S Costal be Won% WOCIle en CNWNSeatbnfe TIN POW PPN Weser Phbh1 Water WAWA d Lbw%% Avg¢ Wo hose 'crewel tb alma rectum! propael rarer= lat mend Oaaaptltn The Remitted material den ate timer to vents is a ^*Ealrtan Co ddlned w Section 70.00 101(101(4 CRS Theree peens to the AleEmmet a Rath 4 SDS eel Mane 11 All aemewum, a mow pwlhp d0atme URe 00e eel opW pea=may mew O Ae Werrel Information eta Farads mamma no ammo ant nos adds the rog0eay or OR Rlr sepb plan roe We property r the ants+ dR eamr WPM Peee (411010057 eapeeslarrcareen.. The mkt to vet .ppeolnpyWarms lve. Roc toe Ysaramdod exemption papa Ise. As and CYA.oeta g¢ooltmey 4 percale grovel= paps:tb. e0d/a rtottleniel capons hCtent be ce:min y 1109 eves In use end props In belmd an e el memos ach f Rs weeny avenue l want {sealant MD Reposed dananerseee. WRAC end CRln each w lm then 01 ..5 a de teaser a le =Wound Rustles bercould Iwo • l®MNe ono rrmta00 . WI m each let tint man eo pinked Co ornery amydealks1 ,tire noblln.Nn rote macro= enamel trill win to pow den IS rem Into tleeeee R b Wklcaed 0010 ads ante We twee permit ewonted a WI on each exclusive SS we precool lot n pate nosed a Roll cc 14a Wee dsem) PM =Idrinlp 00550.0(4 of penny meet trety a 0acps47 00 Me oneet +arm arwl and tblNlpetlm r =rare Om me we or h0 name Retinae Teo ebmw ertbpcaves germ wx lob.. well Knelt road) lot awl the Rimed w0 ,stns Read newel. et t0 um. e4l tame gphma tie admitted 0 WS alike Retold yap or the epp0ret tee 1007 gwe0na 5.dbg Woonmct s weer peas m a the ASS tiovaa�I 5O55. SeeksaI M. 50500m� I) New Layout I � ✓ or II I, 10 '` ACO:55 1 541 AcA.tss *After receiving the email with the options from Diana Aungst/Weld county we chose option it 3. We submitted the new layout. Once the new layout was submitted, the only option we were given was to go before the board of Weld County commissioners. •The next slide shows two emails with correspondence that speaks to the above point. F -mails M Gmeil time &W(.. ••a. •e earso 11.fa,.i.... asonrw !>ra.paollo (ash) a ee.aa'a Oars sash "estwa rim . cn^•• s Mwar r •wean 'a4r.. w-• Ot: Ale Pact r 10.0‘43•0000..0.v. • aop.Y•w apims as. ro Cnala MIR OR w S$ra III ►w ale loe b rani KW S ; lt•aar sr tee floor obi w amore al tee Mparaa0 M A meow ma a t.. 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P agaaaa.a tar teitl..M .awry..¢.. -y.. w- 4 attaaps0 oi 0 C o• S caaaaso nos Reason Drive was Started WELD COUNTY ACCESS PERMIT I M '•.w, y.. .• dew locking north from CR 30 stvweng rre new access pow( 'of me prate 'Wad WWI Cal►Wait .. ttllhl•�.1 0 Mw 11/ .CO sow •,,: *it Permit Number: AP19-00371 aaU.a (1' Ire+•• • • a w par ..A aka ... a wean w r'..n .seas. sr saw* r .rr.e fa... P. *glut .ae awe la la a1 .`.nLM...•,n. SWIM ate C I I' ••w•..r,.,....._•.. fa Wawa —a..• In H.•••., *sae /a..Maass . Waal a ..•sa. .S taaa a sans MOS Was Cww Ws SUS M a.r ao.asaJOI Coma lawas. lea Cayue M.. a • • w Sal SS,P M/t•IIII0•r .Aba.aa. ••y tan heal -•bas M• OOP'e tr p..AC! wafts o •oar.. C..rt Ola eat 0... ten Sal Sas *SOO ha Oran PIN C.. ..M wow r.. •...n..a..a R. • Copp Y r w•M Mal IMP r a 0MMOD diary alloa a.n OM aatea..waar.War ow O.rt.WR a>n *OM MIO.. O.aI.I. as.arr•aare ,sena MOM weft as I wawa M. .-ass ba►n w•.. ow. ti yam•n Aa 010100 eel 4ew r •,.nJM .Woos f...4S Cl M ...M t. wary wa1 ._ . Oa C.••w tl.. M am pa as era .M all CM a a.rw_ M/ CN.Oa• 011010.008 Iiiiialitealnialataanaboastusaaileallajlejelat a ~..alas..... a Waal. V..w •.w ueu.. aaa r ON r CI awl aaaw. mar.. I Wan as V Co I U Ia • . Gana wawavolt . IDS wan .a. nap .s. lOOUS Ittla, Mm • The reason we started the driveway access off of WCR 100 was due to the receipt of the approved Weld County Access Permit #AP19-00371. Two permits were submitted, and upon further review we realized we were building access for the wrong permit and immediately stopped construction. We will close the under -construction access if it is not approved. NIP U ;A nnan V.. ; • ni as —.••. a 7..•. ...on.. N n... air. N a a .. nip amp a ter.. Me .•0110 ■ Jlli+O••i►tl•• Syne sus - oOw* SISIM CR 100 Access Questions •On the south side of WCR 100 there are 7 access driveways, 5 of which are legal, between WCR 17 and WCR 19. On the north side of WCR 100 there are none. The areas outlined in red are property of Esh Ranch Inc. Esh Initial Operations Area Exhibit A r t Oil Field Buffer •A few days after applying for the permit, an oil company proposed a deal for an oil pad to be placed on the same acreage as the proposed lots. They requested 15 acres off WCR 102 which to drill and operate. The image shows the proposed well pad and residential buffer zones. •If we were to place the welt pad in the center of the property this would cause considerable upset to our neighbors. This could cause scenic views to be blocked and will cause oil field traffic to enter from WCR 100 render the tots considerably devalued and possibly unsellable. a NWNC, Sec. 28 T9N, R87W, 8th P.M. Weld County, Colorado Q.. Yet .. u ar era wl.ins aee_osal- _._.taeta •Oa sr a ale realles LEGEND MI anew Saw WOOS Re.aarca Bar a Vat Proposal VMS Poll C! Mani C:3 Pi At -al LOOS t4\ic Al • • Atla {� u i • -4 .YL�a �4 % Lfacti,4 • • :.. .e •r �s MA4 •u. if :.. a .1;2• :ern 41--4•IMIPOI4454:422 Y w 1 4' i.sarJ w✓i.. North view South view •4-• a... 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. DEPARTMENT OF PLANNING SERVICES REMAINDER RETAINED RECORDED EXEMPTION ELECTRONICALLY IN TYLER. ADMINISTRATIVE REVIEW Planner: Diana Aungst Hearing Date: November 20, 2019 Case Number: RECX19-0061 Applicant: Paul and Crystal Esh Request: Four Lot Recorded Exemption Legal Description: The W2E2 of Section 28, T9N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 100; approximately one -quarter mile west of CR 19 Parcel No. 0453-28-1-00-023 Zone District: A (Agricultural) Lot A: +/- 4 acres Requested Size of Lot B: +/- 4 acres New Parcels: Lot C: +/- 4 acres Lot D: +/- 149 acres Water Source: Sewer Source: Narrative: Original Parcel size: Lot A, Lot B, Lot C, and Lot D: Proposed Well Lot A, Lot B, Lot C, and Lot D: Proposed Septic +/- 161 acres The applicant is proposing a four -lot Recorded Exemption on —161-acre property. The is another four -lot Recorded Exemption on the adjacent —163-acre property (RECX19-0060). These two pending four -lot Recorded Exemptions are side -by -side and appear to form a subdivision. It is the opinion of planning staff that these two proposed four -lot Recorded Exemptions appear to be evading the subdivision regulations per Section 24-8-20.A. Per 24-8-40.C.4. the access should be on the road with the lowest traffic count which is County Road 102 the gravel road to the north. The applicant is requesting an access on County Road 100 which is a paved collector status road. Per Section 24-8-40.J the proposal is not consistent with sound land use planning practices, and Per Section 24-8-40.K. the proposal does not assist in an orderly and integrated development, does not promote the health, safety and general welfare of the residents of the County, and does not encourage well -planned subdivisions by establishing adequate standards for design and improvement. These two Recorded Exemptions (RECX19-0060 and RECX19-0061) are adjacent parcels forming a half -section; both under same ownership. This memorandum is for the eastern quarter section. The proposed three (3) smaller lots are 4 acres or less in size and the largest lot, proposed Lot D, will be —149 acres in size. The applicant is proposing a four -lot Recorded Exemption on —161 acres (one -quarter section). One - hundred -sixty-one (161) acres allows the potential for a four -lot Recorded Exemption as long as the new largest lot (proposed Lot D) will remain greater than 120 acres and the smaller three (3) lots will each be less than 35 acres and a minimum of 2.5 acres net as well water is proposed per Section 24-8-10.B and Section 24-8-40.L of the Weld County Code. RECX19-0061 Page 1 of 8 (1 /9O 2019-4839 RE.cx rat-ooco I This parcel meets the size requirements to apply for a four -lot Recorded Exemption; however, this case is being recommended to the Board of County Commissioners (BOCC) to review whether the applicant is evading subdivision regulations and circumventing the intent of the Recorded Exemption process to create subdivisions in agriculturally zoned and rural areas of the County. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-20.A, and Section 24-8-40.C, J, and K of the Weld County Code. Section 24-8-20. - Recorded exemption. A. The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. Section 24-8-40 — Exemption Standards K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. Section 24-8-20.A states, in part, that "A Recorded Exemption must not be for the purpose of evading the requirements and intent of Changer 24 of the Weld County Code," The two proposed Recorded Exemptions will create eight (8) lots with five (5) of the smaller lots clustered in the center of the half -section and appearing to be a subdivision. This cluster of parcels is consistent with a non -urban scale subdivision or Planned Unit Development (PUD). The subdivision process like a minor subdivision, major subdivision or a Planned Unit Developments (PUD) is the appropriate mechanism to address this proposal. The subdivision process requires public water system which is not available at this site. The only potable water in this location is water wells. The recorded exemption process does not provide the appropriate review process to address concerns such as access and emergency services. By not going through a subdivision process there is diminished opportunity to evaluate the neighborhood and establish adequate standards for design and improvements. Section 24-8-40 - Exemption Standards J. The proposal is consistent with sound land use planning practices. In five (5) years the property owner will be able to submit another Recorded Exemption for up to four (4) lots. The property owner will be able to submit a Recorded Exemption to split the property until Lot B is thirty-five (35) acres every five (5) thereafter. Creating multiple Recorded Exemption Lots without utilizing the subdivision process is poor planning. There are issues such as the establishment of utility easements along lot lines for water, sewer, electric, gas, etc. Multiple land splits using the Recorded Exemption process and not the subdivision process is not sound land use planning. Section 24-8-40. — Exemption Standards C. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. C.4. A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. The applicant is proposing to access the Recorded Exemption Lots from CR 100 which is a paved collector road. On the south side of CR 100 is an access point for The Shire, a Cluster PUD (approved in September RECX19-0061 Page 2 of 8 18, 2003 under reception number #3107608). The proposed access for this Recorded Exemption does not align itself with The Shire's access point or any other permitted access points to the south. The Shire PUD has a single approved point of ingress and egress however, the property owners within this PUD have constructed new accesses for convenience. These new accesses are not recognized by Weld County Public Works as a safe, legal, and permitted accesses. The two access locations proposed for the Esh Recorded Exemption are below the crest 'of the hill on County Road 100 as you travel east. As proposed, the location of these access points appears to create a traffic safety hazard. The proposed accesses are on a collector status road with a speed limit of 55. The subject property is also adjacent to County Road 102 to the north. County Road 102 is a gravel road that typically has reduced speeds. County Road 102 also has a better sight distance between County Roads 17 and 19. Due to County Road 102 having a lower traffic count than County Road 100 the access point(s) should be on County Road 102 per 24-8-40.C.4. The proposed Recorded Exemption as submitted is not compliant with a safe point of ingress and egress to a publicly maintained road. The application proposed to utilize a shared access for five (5) to seven (7) lots without addressing or constructing to the minimum rural road cross section. This road is a private road and the access to it is shown on the Recorded Exemption plat as a shared access between the two Lot Ds on County Road 100. This is not a publicly maintained road and there is no evidence of a maintenance agreement with property owners and no evidence that the road as constructed will provide adequate access for first responders. Background: 6/20/19: This Recorded Exemption was inadvertently conditionally approved by staff. 8/29/19: The applicant submitted draft Recorded Exemption plats for review by staff. 10/3/19: Planning Staff and Public Works discussed the two proposed four (4) -Lot Recorded Exemptions and that they appear to be a subdivision. (both Recorded Exemptions are owned by the same property owner.) 10/14/19: Staff meeting with the applicant. The applicant was notified that staff cannot support the two four -lot Recorded Exemptions as submitted. The applicant was given the choice to withdraw one of the Recorded Exemption cases or propose a reconfiguration of the lots. 10/16/19: The applicant submitted an alternate configuration for this recorded exemption (RECX19- 0061). However, the arrangement of lots on the adjacent property, Recorded Exemption RECX19-0060, remained the same. 10/18/19: During the weekly joint meeting with Public Works and Planning Staff it was noted that the new configuration posed significant access issues for the Weld County Public Works Department. 10/29/19: The applicant was notified that these two Recorded Exemptions (RECX19-0060 and RECX19- 0061) will need to be denied and taken before the Board of County Commissioners. 11/4/19: The applicant was asked if they wish to proceed with this case before the Board of County Commissioners. The applicant indicated that they wish to proceed. If this case were to be approved, the applicant or future landowner would be eligible to apply for another Recorded Exemption under the current Recorded Exemption regulations. Proposed Lot D is —149 acres so, depending on the lot size, there is a potential to create 2 or 3 more 4 -lot Recorded Exemptions within the next ten (10) years. Splitting the parcel using the Recorded Exemption process could again be repeated on the largest lot every five years by the 2 -lot Recorded Exemption process until the property is no longer able to meet the largest lot size requirement of greater than 35 acres net per Section 24-8-40.P. While this possible scenario is permitted by Weld County Code Chapter 24 Article 8, it does not meet the intent of Chapter 24 Article 8. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: RECX19-0061 Page 3 of 8 1. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new recorded exemption lots and associated recording fees. The deeds will be recorded in conjunction with the recorded exemption plat. B. The applicant shall attempt to address of Weld County School District RE -9, as stated in the referral response dated May 14, 2019 per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lots A, B & C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-1 RECX19-0061 B. All access points shall conform to: Section 8-14-30. - Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited to one (1) access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. I. Access Spacing Criteria. The following Table 1 reflects the minimum access spacing criteria for county roadways and intersections. Table 1 - Minimum Access Spacing Criteria (Feet) Distance between intersections Signalized 2,640 Unsignalized 1,320 Distance between accesses and intersections 660 Distance between access points N/A s N/A ..................... 1,320 660 Distance between access points in subdivisions 660 330 75 C. County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full RECX19-0061 Page 4 of 8 buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. F. Setback radii for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 - foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8- 20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including RECX19-0061 Page 5 of 8 damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lots A, B, C, and D have an adequate water supply of sufficient quality, quantity and dependability. 13) Potential purchasers should be aware that Lot A, B, and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 14) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 15) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 16) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29- 3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, the County Facility Fee, and the Drainage Impact Fee Programs. 18) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 20) WELD COUNTY'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 RECX19-0061 Page 6 of 8 and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. A Weld County septic permit is required for any proposed building requiring water and sewer. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The mylar plat and additional requirements shall be recorded within sixty (60) days from the date the Board of County Commissioners Resolution was signed. The applicant shall be responsible for RECX19-0061 Page 7 of 8 paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the BOCC Resolution was signed, a $50.00 recording continuance charge shall added for each additional 3 month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 8. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Diana Aungst Date: 11/15/19 RECX19-0061 Page 8 of 8 WELIiCQLJNTY BOAROF COUNTY CO % MSSI.NE':S November 20, 2019 RECX19-0060 and RECX19-006,1 • CASE #s: • APPLICANT: • PLANNER: • REQUEST: RECX19-0060 and RECX19-0061 PAUL AND CRYSTAL ESH DIANA AUNGST 2 FOUR -LOT RECORDED EXEMPTIONS • LEGAL DESCRIPTIONS THE W2E2 AND THE E2W2 OF SECTION 28, T9N', R67 OF THE 6TH RM., WELD COUNTY, CO • LOCATION: NORTH OF AND ADJACENT TO CR 100 AND 114 MILE EAST OF CR 17 a Vicinity map Located adjacent to CR 102 and CR 100. One -quarter mile west of CR 19 and one -quarter mile east of CR 17 Subdivisions in the area cc U SITE C AK_ R 102 AN TELOPE ESTATES CLUSTER PU O PF-664 r - CC U i SHIRE PUO i I T i i i a, U N ce U USRs in the area N I I f re U T SUP -360 LINES 230 KV _-4 USR-977 I rali ROPING ARENA USR' 177 6 1 TEL ECOMIPSUN It-/3TION,_,.,� TOWER SUP -4361 „HO.G,.I-C .O. 2400 SWINE U U SR -14$ kENNE 25 DOG SITE I i O) r- U SUP- 39 POWV ER WCR 11 Or - 0 USR-1505 AIR STRIP ear Issas J1/2•4- Recorded Exemptions in the area f U J 1 SITE WCR 102 WC f WCR 98 • 1 The two stars show where the applicant owns land that has already been split using the Recorded Exemption process LS ;KG i DIN'S D ENTERPRISES LLC ANERS'ON sic RRi TYLER - Ll -REDS„ SORT E'd Mt, RI IN ,JR I SAG S BY NP LE MA LORI L KOLE tuICHAR f" MI ssicx EDE ANN =ATf ER SON CAikts1 E C - RAN DAL JEFFREYLEt LEAS EDWIN C :cc 'ISES N KUHNE COREY G ..OWE JOY • C.) HAY FAM I LY TRUST ZUSA, C L • 1 RD EVERTS JAY T ESH PAUL S k V�+LLACEj ST: VEN L j iCHAE,L LL L#ECEL TURNER TRUST FEB Z MIILKI STE SITE VVCR 102 TED 2008 N EN GORDON LUCINDk U tAuP):HPEE I,1 I C NA EL A 1 tiRPHFiE � CRik ELA ESH PAUL S ESH PALL S R 100 Sit IT H LATHRDF PIN 034 I aw.r"'SCR E LLC PARKS JAIA VANKEPA PE N DAVID r Ct VARRA THOU AS E GARPES JAMES J1 Topography and Antelope Estates Cluster PUD and The Shire Cluster PUD R _ P. J 09N6 -1W 30_-. N A vCR10 445 Antelope Estates W CR 100 ANTELOPE ESTATES CLUSTER PUD PF-604 (2006) REC. 3354746 Cesys= The Shire THE SHIRE CLUSTER PUD PF-1007 (2003) REC. 3107603 09N 67' SITE %*\ 21 WCR WCR 133 rn r cc 4 • Pb ,WCR 102 lasmMci. N Aerial i This lot configuration for RECX1 9-0060. This was submitted for the western 160 acres. May 2019 r 1 09 f !'2 9473 eJ T Firs RECX1 9-0060 1st layout 1OO This lot configuration for RECXI 9-0061. This was submitted for the eastern 160 acres. May 2019 1 _ r\e ioa RECX1 9-006 1 1st layout L e1 C 4cccS Lot. tel, A :cc ‘) Lo in A Lot D /Lici.c/Li73 1oo I IMAGE 3 When the plats were submitted for review and placed side by side this was the proposal. August 2019 • S. - 0 Z' 1►'t • tM'2ir fi 41 7 4 1' LOT A 4 LOt ACRES (GROSS) 1 l 711* ACRES ttdRT) PROPOSED JO' ACCP,aS S 'I VI jg W It_ ►' I7j1 LOT C 1 (Mn Aciuv (011.0331 t.o-i e 4 001 ACHES (MOM) ) yzi 1ST--Np„, ISM S 1411,4 t INGUI,MA:ORl ss Ac Efl AM) U1 II ITY i ASIAUII A('Its)MI li 1)UP fit+.t•X19•U[bl alit 1111 11} WflTOE11. 1%I1`Ca1) SWWICXI1141161 AMENI 1.01 S A,A.C. & I) OF RFCXtQ.t1[)6o 30.01 as 10114 r I NORESS1RGR F_ S ACC1=RR AM) I MIMI/ AS1 T 61!102-60'ROW F ECPS 12783b DECLARED 3/1/1908 AECORnFD: 3/24/1000 COUNTY ROAD 100 See glInams ' ixjet N i n:.sir' SOUTH LINE OF THE EAST 1/2 OF TI II: SOU IV I Tim OPSic T t.} 2 Z , rt. • •1 !ley 112 It 41 11 LOT C 4 tO* At Ut1ti(t1ROSS) Lo LOT U A 4 00a Ac'1t13 Witt ncs ,.48 •t `1Ili:1-1 11.E1' t IOTA 4s 11101 ACRES 4GRQSS) i 13111 i1L3v SA1•O1;t-P.I:41 IS.UT IT JOIN r INGRP.WIINtllSS Att.1145 AND 11111.11 Y 1'As13t3'N1 At.'k PSS IAlf 11 OF I c'Xlsaa 1 NN1 111E- 1111741 HI cal••LXPY%Ham,t IP Ut� kWWCX 19-a I AND LUIS NIA:, , a Itt;CX 19.0060 PIiK MIS PI AT If1fir kl *$Ni INGRaSfratL'3S ACCESS I AND Inn JTY 1?A.W.MVPVT ttesitantH. SOU ru LINE OP JHE WEST 1/2 OF IllE S:tltnunACT 114 !IV in` RECX19-0060 & RECX1 9-006 1 2"a layout c R 102. • 60' POW AMP. 12t83S OELIARED 3,/T/laos RECORDED 3/24/1906 COUNTY ROAD 100 ..40.010 Ges as SS amilirat w MSS 9Z NOLLJ35 JO vi S See Sifeaseass This lot configuration for RECX19-0061 was modified by moving Lots A and B to the southeast corner of the lot. Oct. 16, 2019 I RECX19-0060 & RECXI 9-006 1 3rd layout Loft) /aS9L/ 73 IMAGE 4 Lo/'C yhan Lot (Li itres Lofa _ 1/%--:,01. ,l L t �1 q 10_5 (.,of C 41 Acres Acns The Department of Planning Services staff has r�xviewed this requ::=st and recommends tat this request be enied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-20.A, and Section 24-8-40oC, J, and K of the Weld County Code. Section 24-8-20.A. of the Weld County Code "A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter." The two proposed Recorded Exemptions will create eight (8) lots with five (5) of the smaller lots clustered in the center of the half -section and appearing to be a subdivision. This is an evasion of the subdivision process per Section 24-8-20.A. Section 24-8-40. K.of the Weld County Code The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. The recorded exemption process does not provide the appropriate mechanism to address concerns such as access or emergency services or to establish adequate standards for design and improvement. This proposal does not meet the requirements put forth in Section 24-8-40.K. Section 24-8-40.J. of the Weld County Code "The proposal is consistent with sound I and use planning practices:" In five (5) years the property owner will be able to submit another Recorded Exemption for up to four (4) lots. The property owner will be able to submit a Recorded Exemption to split the property until Lot B is thirty-five (35) acres every five (5) years. Multiple land splits using the Recorded Exemption process and not the subdivision process is not sound land use planning. The proposal does not meet the requirements of Section 24-8-40.J. Section 24-8-40.C. of the Weld County Code C. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. C.4. Anew access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. The location of the access on CR 100 not CR 102. The site is adjacent to both roads. Since CR 102 has the lowest traffic count the access should be on CR 102. The proposed access(es) does not meet the requirements of 24-8-40.C. -p • fir -s • n .. • •• • •'•.y. f • -9j 4 - • .' •.LJ� •. • ' t -• 'St . - • • • •• 16 • •... g, . •at. . .r, . •.• . ^ .sue •.i. S l f J •. l 0- •'� • 4 T k' '0 •• • • •" ♦ r • • - j, • • • . f • %; _ •• a . • •• • • a 4 *.r, . • • • i . . 4L • • . •• •'',J.ft w ; IP •1,. • �. . 7411., - • . .. ••� 01 • �• . • • y1, I a ♦ YJ • 1 • •I '` w3 I. •.f 'i *4 r a • _• .1 a • ••, ' • , • •• )/ •. ►• • ♦ ! • ' - • jr rs ,• • T. •• • View looking west on CR 102 a - • I eta r E 4• y .•'1 �. View looking north from CR 102 - View looking east on CR 102 i 11/484vYlimeS�71.. View looking east on CR 100 from the intersection of CR 100 and CR 17 4 es Is -clad 'r�- yam• j 1 _�. I F le. t • 41 Se r • ��• • h� 4 j.. fit ` Tl y A, `� fi• <10,- ki diVI .:' •T View looking west on CR 100 from the intersection of CR 100 and CR 17 A View looking west on CR 100 from The Shire access point View looking east on CR 100 from The Shire access point View looking north from100 showing the new accesspoint for- private road 7 — t+rt billmitt 1" 9115 lt + awi-_I 41 _ ti loaf 1r —•. it .— - •1 .J• '`..-•I• ♦i lam- •. � '�`•�. t. **11 * 41:N4 1 ::-.1141F4 11, • 41. ~ fir► r,,.., :. T„` Sib a • •- • • _rte=et_ . 1 • SI'I.i,t '? ,^ �' et ', ` t 1 = z 17.'.-x•• fs 1/ •S • YrY,.• It` d. . ...•:, 1' -.-_ 's! . I M1 1: f ....."' -,,v •` Si 1ice ` rh 'I ): .:S. • . ..L' • iv'4 r- !jam_ • • Y I• • -. • S • air 4e • 14 1,111rjk "Ni ... . • a-�1 " • fA .2,4_ • • • iLi• f • 11 4• ailt r . _ . . ` ' . - - • cot • • •a."� • „ '1� • :� - . �A mow,jilt • • ! ,� ▪ •, y •! 1 3;4 41; -41 "• t 4 y, • • ,f 4 a sa • .•••• • ri f, r F t 4. '' irk rj ► if • pt + v 1 r II i 1 • , ,- • • �1 �1 t' • , a t " ►• 1 •S S, A • • • 10 , - a •• , , �� f,ti ..4 ‘.• "I r Y t • , •_ '� •' SLY � y __ i .� �s • • ,•• 1• t •it • • .,,fr . c i a. A • 0 • , I 1" ► • , 4 , , • ., T I h• a ► t . ^s 1 • '1 J,! •. 1' . • ' • r r h� • • 1 t 4 • '' • i • Q• ,• • i • , / . r ' • 1 �l t, f .l JL - r • �i a • r•` a • 1 , 'I • lie r •• la 1/4) lb, t. l .sr ' r 1 44 1 J" 1 , • The Department of Planning Services staff has reviewed this request and recommends that this request be denied primarily due to the proposal evading the subdivision regulations and because the current code would allow the property owner to split the property every 5 years and create 4, 3 and 2 lot Recorded Exemptions until the largest lot is 35 acres on both quarter sections. DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Paul and Crystal Esh RECX19-0061 Planner Diana Aungst Legal Description: E2W2 of Section 28, T9N, R67W of the 6th P.M., Weld County, CO Parcel ID it: 0453-28-0-00-003 Lot A Size: +1- 4 acres Lot B Size: +1- 4 acres Lot C Size: i +/- 4 acres Lot D Size: +/- 148.95 acres Water Source: Lot Lot Lot Lot A: Proposed B: Proposed C: Proposed D: Proposed Well Well Well Well Sewer S stern: Lot A: Proposed Lot B: Proposed Lot C: Proposed Lot D: Proposed Septic Septic Septic Septic Criteria Checklist Yes No X I Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed building requiring water and sewer. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2. Prior to recording the plat: A. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the referral response dated May 14, 2019 per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lots A, B & C shall comply with the two and one-half (2 112) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX19-0061 Page 1 of 5 C. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-1 REC19-0060 B. A 30 foot wide joint access and utility easement extending across Lots Al B, C, and D of RECX19-0060 and Lots Al B, C, and D of RECX19-0061 from County Road 102, for the benefit of Lots A, B, C, and D of RECX19-0060 and Lots Al B, C, and D of RECX19-0061 shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. F. Setback radii for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the existing or future right-of-way line, whichever is greater. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of RECX19-0061 Page 2 of 5 any wellhead shall require a variance from the terms of Chapter 23 in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. Lots Al B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Potential purchasers should be aware that Lot A, B, and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 13) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 14) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 15) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots have an adequate water supply of sufficient quality, quantity► and dependability. 16) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. RECX19-6661 Page 3of5 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 19) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from 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 (4,0►00) square miles in size (twice the size of the State of Delaware) with more than three thousand seven RECX1 g-0061 Page 4 of 5 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. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 -month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 8. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Date: June 28, 2019 RECX19-0061 Page 5 of 5 RECORDED EXEMPTION NO. 0453-28-2 RECX19-0061 THE EAST HALF OF THE COMn!y HR!ts t) All prepoase der seeting strut t sill or do meet the minmurr s.•bcck and requnments for the tans u Strict In which the properly Is locate°. Pursue.) le Ina dellnblon et setback the Wed County Code, the 'equated setback •s measarea from the nlsllng or 1 rghl-ol-way lint, whichever is grseter. • •b bu'bmg or sbucti.r• as defined and -m.ted to those otcupenc,s tined as Groupe A, B, F, I. N , N one k In Soften 302.1 at the 2011 inernolenel Building Code. show be consttuted within a 200 fool radius of any see bads, w with.n • ISO -1 oat radius et an, •elheod er sands a 25 -fad, rod... al any plugged o anon it and ges well Any construction &Min a 100- fool radius or any lank battery Sr ISO- tool minds at any olthiod 51.0 require a variance trim the terms of Chapter 23 In accordance will Subsection 23 -I -IOC al this Cad*. :) Any talon abut w uses on elle mat *C0MA ri. eppropelols bon ng and building peanut t) Lets A, 1, end C ore not ellgibe ler a future land esempllon In accordance wilt. Snarlers 20-1 -20. C. J cot Ine Ned Count, Cod. 4) fin woos. io• of any recorded nemplien may no• Oe Mee MOO thirty -IM (35) eel unless approved by 'see Weld County board at Commissioners in Oteeraonc. aim Lefton 24 -■-AO./ et 'he Weld County Cod. 5) The properly owner or ope•ofat shall be r.saonsibe for controlling noanus weeds on Pit all°, Dareuon' JO Chapter IS, Acacia I and 0. of the Web County Coda. 6) Weld County will not reptoci overlapping easements bootee within tilting right -Clear or pay 'o relocate sibling utilities within the sslVIng County right -et -way. 1) AR octets and utility easements ore dedicatee to• the benel'.l of Si owners of lob depicted on this pal. -c tud'ng oeneb of tattye ohs creased therefrom, regoraleas of lot corl•guranan or number of yen, and •dM,I tit':eticn at the use Or Intensity of tie use of such easements Ne el Owner moy nslan a pate or wherein' Limped, the use of ocn easements ednoul its. opp,o.o Of ali persons with right. at use Of sacn e asements 6) Access on the site shalt be moinlolnod 'e mitigate any impacts to the public rood bcluoing damages analor „unto tracking I; Pier le the robot. •t but ding permle the applicant snot' be roawNod to submp a compete o_c ass apollo0Pon for a preliminarily approved access location as shown an this pie' i0) Any work hat may occupy and er encroach upon any County .,phis - or - sots o' mnm.nt thud acquits on =aprw.0 elghl-al-Way dew Pernul prier 10 cpmmpncemenr 'I) 'no historical lbw poherna 0,0 runoff amounts aI. be malnlalnid on the site 2) Palenbal pugednrs ',mud be o•ar. that La' A. B. and C may not be ebg,ble for a darnels aril perm 1 w hich aOeo for outeldi attache.. and/or the entering or stock animas but Stoe Division or Waer Bewurcee onion ad well pe•mle 3) Potential purchasers *hood be attars that groundwater may reel meet all drinking water etandoras as delln*a sty the Colorado Depo•Iment of Puolic Health and Ln,'ronmen' Ine Web County Deporment at Pubic Health and Cmlronmont strongly encourorb well Want 10 tit their printing wale• pip, to consumption and periocka'ty thereatter IA) Potnhol purchasers Maud be awore that approval of Ind tecoraed fsempton don nor guarantee 'hai •st penman will be bawd ter the lots Any 1st may be deemed nen-buildable if Me lot owner Is unable f0 ooto'n a will Detail the Sloe Division el Rolm Resources at of penmda IS) Prier la the greens of o..dding permits, m. oppugn. snail ...OM,' wq.nr • to ins Depamm•nl at Planning Sensible* that Lets have en adequate water supply e' sufficient quedty, q,.endty and dependability. t4) building permits anon be obtained Prior to Me consructon Pt any abiding buildings Mal meal the delin:don al an Ag bmpl building per the requiramon'o or Seclan it -•-20 and Siben 21-3-20.113 01 the Weld County Code do not need bulbing permits heewo, a Certlieole of Compiance must be 1Nod whit the Planning Deperlmenl and en eteericel end/der plumbing permit Its reedited for any electric') service to 1N building or voter is. watering Sr eae"•ng al N.ninth or pouflry 17) lyllding Permits Imbed an the prop County -WW Rood initial fee Program. lots will be required to adhere to the 1n structure et INe IR) luudrq Permute 'bast on the propane lets Anti be ,enua.d to adhere to In. W etrurtue• e' the Courtly Facility fib end Dra'inag• impact fee Programs 19) Prior to the release of building permits, th• applicant shalt submit o recorded deed describing the Lot upon welch the building perm.' s !parted eith the building perm❑ applications. The legal aescnptien on such deed shall Include M. Lel designation and Rocer•ed Conniption number, 20) (IONI 10 EXTRACT MINERAL RESOURCES SIAILMENT- Weld County nos *Onto of me most abundant mineral renpurtn. Including, but nol IhrlUed to, sand one grovel. all, natural gas. and coal. Under title 34 of the Colorado lensed Sta!utesminerals ore •rot resources because (a) the Stale* carnmercbl mineral deposes are .al to the Sales sconomy. (b) the populous emotion or the stale lace a cr.acal •nortage of ',Cr" iposds deb (t) such Speeds should be ulrocld according to e rat anal plan. colcubed to avoid waste al such °.east and cause M. ono practicable esruyl,on et me malady Ord quell. of its at Ma ci195n5 DI !sea populous counties at the stets. Mineral roeotsrte locations are widespread 1nr.ughout In* County end person mosing into theta shat must '.cognlc. 'he sermon impacts oioca'ed wilts this development Dll.n tins, mUnel resource ties ors n..0 to Inab geopaphlca and gwpnyekol location* uone•w- IMu reseortn en protection tonnes rlgnts end mineral owners snoatd Ds orlorded the apporfunlly 'a estrac• T* mineral retourti 2I) WILD COUNTY'S RIGHT TO FARM STAtEM(Nt Weld Count, is one at the most producln• agriculture. cownn*. the United Sloes. typical -I ranking In the lop len counties In the country In total marked value of agricultural Graduate web The rural woos et Weld County away be open and sow sus, but hid' are ,nlennMy used tar agrkultuti Persons nimbi g Into a rural ono mail retolMce end octopi there set drowbocke. IncludIng cootie., *Lin long -Vending oars Wheal practices and a boor o•ei a' send.. Man m leen Along w.ln .its drawback. corn the incentives ehth attract urban lacIere to relocate to rural weal open .lies. spaciousness, wildlife, Lock el *TT noise and congestion, and Me rural °Imogene., and soy of life Without n.ignbaring forms, thou teotures which attract urban boilers to rural Weld County would quickly be gore 'or . Agncullural the end should net be espee led '0 change their leng-.sbbtshed ogrleullurel practices to accemmodele the , .!ryslons el War users 'nf0 0 rural area Wel-run ogrlcudual Wolin will generate elf- eye mpacls, cltrding nets. cram Heston and equipment, .tow-mning term uhkle* en rural roads. dant from animal pens, •.aud wort, harvest and tray reoat odor from animal confinement 51100• rNt manure, .,nose from taton burning; flies and mosgo toes. nanitng and tapping activities. shooting sports. legal haling 01 nuisance wUOille, and Me use of pesticide. and fer'.lyers in Me fields, including the use al penal praying It is common ptachc. ter agricultural producers to ullias an occuma'OfIDn al agricultural machinery and libation le assist In their agrku Mal operations A conc.ntralton al mnceilanews agticullural materials otter yeoman a visual diponty torenn rural and urban areas of the County. Section 35-3.5-102. C.R.S.. wooden that on ogrNWtura: oryrotan shot' nal be fauna to be a Pak w private nuisance It the egriui'urd operation alleged to be a nuisance employs methods or practices that aro commonly or reasontbly associated nth ognclsiiural production. Rotor nos been. anti continue* a be, the lifeline for Ohs egr;cutNnl community. J l* unealelk la avume that ditches ono nunSrs may simpy be moved 'out or me way- N neid.ndol development When moving le the County, properly owners and nndere malt rewW Mitt cannel b e. .Oter from tngatlen ditchesloanor other slrunlwn, unlm they '•ob an odjudkaed right lit the eater Wed County coven a land tow of pprpamotety lour thousand (4.000) Hawn mobs n site (twice iM we et Me Stale of Detaweb) with more than mree montane hundred (3,700) miles of Stale ana County rcade outside of manctpatiilss in. sheer magnitude at the area to be served ecotone, a•ele►its resources to. enforcement Is band on rsepanee* to complaint. more tear in payroll al inc County, end the d.lancee elvish Mud be 'raveled May aeby all emergency 'esp.nses, innuoing leo entenamenl, ambulance. and fire rue protection is usuaty provbsu by volunteers who must leave their jobs and families ID respond to emergence) County gravel reeds. no molter how often they u'e bladed, will not provide the sons end of surface impected from a paved rood- Snae rema.ai priorities mean Mal reads from subdivisions to arlerbe may nol be uinred Ipr I days all. a mob. enoHrorm S ervices in rarest areas, in many can., aid not be egatroieni to municipal services Rural dotusts must, by Ir.. be mere self -sufficient than urben dwellers Pepe are tenoned to different hazards In the County man in an urban or suburban soiling form equ'pm.nl and o' 'said equipment, ponds and irrigation ditches. .Iec'rMW pewnr for pumpe and cents. pled epe•atfone, bigr speed traffic, send burs. puncture sihe*. ter Htorbl torn, dogs and 'ivnlack. and open burning wesen' sad threats. Contrail ng cmldren-t acheties is Imporont, not only for met wfoj, but also tar the prolarinn or Ihi rarmom's honhooa WEST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 1 OF 2) It lit N l i.l' It'l l, VICINITY MAP I" • 2000' LOT 11(AS (MOSS) CS'1 s W 22y. AS'n PROPERTY DESCRIPTIONS The (lie He (C. 1/2) et Nia Won Heft (W. 1/2) al Settles 25. toennnlp I North, Range ►/ West of me 4th Principal Sendion. County of Web. Sloe et Comrade SURY£YOR NOTES I) All references to bootie, pogo, maps and rec.p''on number. are public documents on lie at 'he CIar. and RecarCere Ollae of Web County. Stab of Colorado un ass staled otherwise 2) NOTICE According la Colorado ate, you must commence any legal action based soon any dotter in MN Survey •ITIn three years otter you lust d'ecarirn such dolor in no event may any action baba upon any detect 'n Mit surly be commented mare Mnr. 'en yarn 'rem Ma Mite of the Orl,'unl on sheen rerun t1.1-00-10% C. RS ) Ales Iaylor R Dub, :LC and/toand/toScott L Oucommun a., not be ucbte for more than the cost of that cunq and then only la the Client spsc'lkully Shawn rerorn or In our file by signed oultarlcollun. Att.pronce and/or ass of this instrument 'Cr on. purpeb constllWn V9'.e'nen• by me client to Si erns stated hereon 3) lASIS Of BEARINGS. 'he Rearing et North 10'00'00- lost between .he Iertheist comer of Sethen 2t (menuunnted wiM • 2 l/2r ulam.num cop. LS '1314 on 0 91 rebut) and the SwrinsuM corner or Sector 24 (monumen'ed win 0 2 1/2. aluminum tap. L.R. 12314 on a 9► tabor) it peeumed 4) All known easements and/or lights- of.way, hoes been shown on Mls pmtthe easements and or rights-er-way onion are shown Korean May rot be compist. is based n general Information and are lo be used only in MN contest LASLMLNI*9.OS NOTES' INC RCCORMD CASEMENTS AND RIGHTS 01 WAY INFORMATION SHOWN HEREON ARE AS USTI° IN THE WILD COUNTY ROADYiEWER5 REPORTS AND TITLC COMMITMENT PREPARED It STEWART TITLE COMPANY OF NORTnERN COLORADO DATED 30 MAY. 20'1; FILL Na, 415192. NO O!HER CASEMENT RESEARCH WAS PROV;O(0 AND NO CASEMENT RESEARCH WAS PERFORMED WY sl( IN THE COURSE Of THIS SUNE, NOTE SOME UTILITIES MAY NO1 BC PLACED WITHIN THE SHOWN RECORDED CASEMENTS. UTILITY ..00ATCS ARC RCCOMMLND(D TO DETERMINE THE LOCATION Of lid UNDERGROUND UTILITIES EASEMENT NOTES (RUIN 10 SCSEDUL( 9, PART II Of SAID •HLC COMMITMENT) I) Right of way to Nunn 'elephant Company recorded September 23. Ina as Recpfien No. 1537934 (Isceplian 9'S) Nofaran' The decum.nt does nol contain tut 'Moroni mlarmot'Gn 'a dnermine location, therefore is not shown 2) Ca.emenl to lunn tatphon. Composes recorded Ju'y 20. Hal as Reception Na. 1131/33. (Esceplion 914) Notation IM decumnl does not cento:n sufficient information to determine location, therefore Is not (hewn 3) Losement 'o fn -State Genera's. and Ifonsmnsion Asee.atcn in lute and Order recorded aly 20, 1111 as R.cepl.n No 1013/74 (2seplen p1S)ti,e No1ellen parcel described in Ina document dies net sap .anise the boundary of the su►lnl parcel, the has been not sheen. 4) Casement to Poudr. VONT Rural (eclrle lotion interned August II, 2003 as Reception No 3013122 it steer 0n p11) NPNIIM IM dntumint does nal canton eullcionl intermitter. .a dee•m,ne location, therm. .5 not shown PROPERTY OWMEn'_CER1!fICAIL We. Paul S. Ion and Crystal l Can, cooing note orner/s in In of the oboist- aeecrman pares(*) wi lona do hereby subdnide Me same as shown an the attached mop 1 understand that this panels) Is located within One -A' (Agricultural) tone district and Is ale Intended 1a provide areas to' the conduct 01 other dean, and uses by snclat bevy. Paul S. Inn and Cristo l ash Slob of Colorado I )se County of Weld ) A.k• t..., m c.1 n'..n Y1,t.: wit nlat the foregoing cerNtcae was arknnw edged before me Inls --- of _- A.D., 2011 BY: Paul S. CM end CrI.M L. Eel. sere presently before me M Commission (spleen' Notary Pubbt. - Winen my none and Seal LASE54NI CERTIRICAIE We pool S I eh tine Crystal L (eh, Wing In. Trustee al sad bat, sole ownore/s in tee of Me Sob aescrlbed panel(s) pT land do hereby subtlyde me same as shown an His attaches mop. I do dedicate for Me beheld of the property Mown or dip'bed herein soeemenN for the purposes shown or described Mlbing centoihed herein or hereon shall b construed n eating city rights in ins generui public or as dedicating for public use the Easement area day Pout S len and Crytto' L left Slate of Colorado ) )ea_ Courtly of Weld ) Inc foregoing certi/cate was acknowledged before me "Ms day of _ - A.J. 2011 BY Paul S Len and Crystal , (an were presently 5, Commission Empires. hoar Pubin - Warns my Hand and Sod CLRWICAIL Of. APPROVAL tl the Department of Planning Serv.us - AdmminrolW. b...e This pet Is e.ceptea end serene by lee Dopa'tmn' 01 Planning Sanluo to. hang. m. Director Deportment of Manning Services Slate of Colorado) )n County of Weld ) The foregoing certification wen acknowledged betere me the day of 2011, MT cemmlet;tn Wanton my burnt and seal Motary Public SURVEYOR'S SIATFMENI I. Stott l Oucanimun, a rigprofessional .and surveyor ''n the Slate of Colorado do horny certify that the survey represented Dy this plot wall rhea* under my persona supervision. and that this plat Is on acturo'a represen•a•lon thereat I further trill' that the survey and this plat comply win all appicoble ruin. regulations and 'airs o1 Ms Stole of Co -tirade, Slate 'card at Realetotlen for Professional Engineers and Professional Land Surveyors. and Weld County. Scott L Du.erymoa, LS. 310A1 for and an behalf at Aden tartar A Dubs. ILC Job Na. 2011-037 DATE I a P E A • • ait Au 1i� e; JII_ RECORDED EXEMPTION NO. 0453-28-2 RECX19-0061 THE EAST HALF OF THE WEST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 6/ WEST OF THE 61H PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO (SHEET 2 OF 2) Par Wad County Code 12A 32 Ina shoed ac.:oe. for Latta. C. and D oboll be an County Reed IC?.,no, clan( is.aAmd ,reel Horne *Xmas aurnanl *cantina NORTH MIttEll • M fink91, tattmtN'(:Y 1 5how and label all existing and proposed access points and the usage types (Agriculture. Residential Comrnercululn luwfat or Oa and Cast Label the proposed access as 'Preliminarily Approved Access - CL'kyl: JAM"et QRVI.via Ix.1.In *AMA.? I.I COnl ONeall I lent it' SICu If i mr %ter Y W tut •* G't, C• 65 iv toff f:%Mlle•s11 t1 NMr*ii % Wear WEST LINE OF TUE EAST IR Or TILL' NORTH W EST t M OF SECTION la LEGEND O• SIT NR• Ka WITN PUS. CAP LL57N1 SECTION COMM'COR A5 DESCRIBED IFa °MARIE* COMMA AS DISCOID,D -V- - S1IIEWIN Cb1Nla sS DESCR,RI0 gl s7.. Per Weld County Code 12A 3 2 "An access onto • collector is not permitted unless an alternative access to a lower classified road is not feasible • Thereto,* scams for Lots 9. C. and C snail be on County Road 102 which is a lower Wsa1Md local road a MAIM BOUNDARY - — • SECTMIN LULLS a ROW — — — = EASEMENTS = PAVED ROAD = GRAVEL ROAD I nINI = RECORDED DIMENSION J sew—tl law 1000 -+ ii• F aaip o• s :,npl 1 f' aa.y4ri • le7f WEST LINE OF TOE PAST I R OF THE SOUTHWEST 1 N OF SELINA< U Show and label all existing and proposed access points and tie Image types lAgrlcusufe Residential. Connmercaulydusblal. or Col and Gast Label Ins proposed access as 'Presminanly Approved Access Si1RYLY.QWS...S.TAIEMLNI Seen i Os.annun, • rgW✓ed p.elesslsnel One surveyor In Oro Slots o,1 Cel✓aoa the norm), emelt iNI oho suit*/ n✓nanled CPI role Pal woe made 'di" m, pe.wn✓ sapervn.ur' and n,... Ws M•, le on •C(urate repr0Nn1Oson Margot. I lartnp coolly inn Ina narrow end Mlle pal Comply eon oil applcabls reds, regulations and loo al 1b Stole of Colorado. Viols Iowa of Raablrasan ler ProM1eelonal Engineers and rrolotelona. Land Sure ayers. and Weld County. Stet t. Dacornmun. 1.5 3104' For and an tonsil of Ann Taller a Dues. llC Job No 7015 -DST DAIC'. 1 jsu II 8 It no, U! a * sin w It it. al- a Y 8 E 1/ OF THE 1/2 KC 2$. T. • N. S �l DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 May 13, 2019 ESH CRYSTAL 46715CR 19 NUNN, CO 80648 Subject: REG 19-0051 - FOUR LOT RECORDED EXEMPTION On parcel(s) of land described as: E2W2/W2E2 SECTION 28, T9N, R67R67W 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. If you have any questions concerning this matter, please call. Respectfully, lett kat/Ls:29,i Diana Aungst Planner Print: Owner or Authorized Agent is& r RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www weldg ov. turn 970-400-6100 } FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT d APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: 5/ et kEeelcii ►a Parcel Number a 4 s 3 - ad. - - fit, o -Q o 3 u)i31��: (12 digit number - found on Tax I.PAis information, obtainable at the Weld County Assessor's map found at www.weldgov,corn) Legal Description 621:251 CPIrsh)/ WI) F.'ea1/2“-llo 1(9-e) Section Township ei North, Range &7 West Has the property been divided from or had divided from it any propertyr(ies) since August 30, 1972? YES NO Is the property located in a floodplain? YES EL NO Unknown is the property located in a geohazard area? YES I NO 11 Unknown El FEE OWNER(S) OF THE PROPERTY: Name: \ S Company: Phone #: CAley Ski- -MS Email: Address : 444071sts (1 . \ (P City/State/Zip Code: Ott 0,cialIkkaiastoorec.alitri co in FEE OWNER cont,) or APPLICANT: Name Coak-cd_cr-,c't\- Company Phone #: 't 4 '011 Email: Address : M_t skS Ciiktk+ k(k City/State/Zip Code: itsaantv Let g AUTHORIZED AGENT*: Name: W4 F Company: Phone #: Ott -Sect ?- IseS J ei tabine r, Email: Address \S CIV`,,\\ Ncc City/State/Zip Code ac.-C O RSV re, [LC gskr4lit_k ktru1/2945 ov" * aim *Authorization Form must accompany all applications signed by an Authorized ?Vent Lot A smallest lot Lot B Lot C Lot D Proposed Use (i.e. Ag or Res) ''e Q - li\eil Proposed Acreage L t 5 )Lkft113 Address I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners, I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. It a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation, nor or Authorized Agent Date _ - Sign re;, wrier or Authorized Agent Date Print: 0 ner or Authorized Agent *If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application_ If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Pagel 6 RECORDED EXEMPTION (RE X) QUESTIONNAIRE t+++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ 1. Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter frorn a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a letter from the Water District, a tap or meter number, or a copy of the water bill. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached." or "Water will be provide by a well Well Permit # 12345 is attached." or "Water bill from XYZ Water Company is attached".) Lot A Water Source Q Wovosc. Lot B Water Source ccr:Qcitir- ,, Lot C Water Source 0 \ \-\ Lot D Water Source eitys (30 (:)74:fl1/4„, .)\3*.ek\_.\\ 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water rights,") \\Js..)60v1/4c, v tic) 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached.' or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements." or "A copy of the existing Septic Permit #1236789 is included with the application.") Lott A sewage disposal' S ‘. Lot B sewage disposal Th-orS„QA V. Lot C sewage disposal ,O ei,- e " , , Lot D sewage disposal Ci DI t F, Page 17 4, Describe how the property is being used. (Example - "The parcel has one house; one mobile home for the hired hand permitted under Mobile Home Permit# ZPMH-123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.", \ uc\qc 5. Describe the vehicular access to the new and existing lots? (Example — ' Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 59") CgA) • RII\L\ \\Ote %%Pr) \\:\ SiSr\t": e1/4SLQ-5C,:j et:\ -9 (c__QoLci I LD 6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five (5) acre lot and one 40 acre lot.", rams, eRseT.es-H w‘N\-\ sCv-v *ucc (L4) acck_ lorvs- .144:24Ls)orst ‘1/4,OA. cot orst-e_ Vs<ckSucr3) Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example - "The ABC ditch runs diagonally across the southeastern quarter of the property.") fis\cifc-‘c 4 rk ca- C -t5 cji 8. Is there a business or Use by Special Review permit on the property? Y UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - l'USR12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") Page 18 f Weld County Treasurer Statement of Taxes Due Account Number R.03I 7f,S6 ParcuI 0453 2000003 Legal Description 1,411 I ICW?.`W1F'P 'X i) i7? (.4l -Z! Situs Address Account: 8.0317686 ESH PAUL, S 4671 5 COUNTY ROAD 19 NUNN, CO 80648-9714 Year 2018 Charges Tax I3avtrients S Y ; . ? li Grand Total Due as of 04/1612019 Balance 361.00 ¶0.00 Tax Billed at. zw 1 a Rates for Tax. Area 0915 - 0 915 Authority WELD COUNTY SCHOOL DIST RE9 NUNN FIRE AIMS JUNIOR COLLEGE 141G1-1 PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes gilled 201M *Credit In!. Mill Levy 15.0380000*: 27.8140000 41)2 80000 6.3050000 3.2520000 0.1140000 Amount Values $250.1 $463.93 $6719 $105.17 $54.24 ►6.91 56_8510000 St11S 28 AG -DRY FARM LAN[ Total Actual Assessed $57.509 $1&680 S57.509 $16,680 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CIANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEIHOLDER 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 Fa' [ OWING DATES. PERSONAL PROPERTY. REAL PROPERTY_ AND MOBILE HOMES - AUGUST 1 Weld County Treasurer's Office 1400 N 171h Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, ail current and prior year taxes related to this parcel have been paid in full. Signed: Date: Submit by Email Weld County Referral May 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Paul and Crystal Esh Case Number: RECX10-0061 Please Reply By: June 10, 2019 Planner: Dianna Aungst Project: FOUR LOT RECORDED EXEMPTION Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045328000003-R0317686 Legal: E2W2/W2E2 SECTION 28, T9N, R6YW 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. i n r We have reviewed the request and find that it does I does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. HDutrow 05/22/2019 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 May 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Paul and Crystal Esh Case Number: RECX19-0061 Please Reply By: June 10, 2019 Planner: Dianna Aungst Project: FOUR LOT RECORDED EXEMPTION Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045328000003-R0317686 Legal: E2W2/W2E2 SECTION 28, T9N, R6YW 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. We have reviewed the request and find that it does I 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 (46rept, 5'1:met Or Date 05/22/2019 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Diana Aungst, WC Planning From: Ben FRissell, Environmental Health Services Date: May 30, 2019 Re: RECXI9-0061 Applicant: Esh Environmental Health Services has reviewed this proposal to exempt 3 lots from an area of 161.95 acres. Proposed lot A, B and C will consist of 4 acres, proposed lot D will consist of 149.95 acres. All lots are currently vacant. Lot A, B, C and D will be serviced by proposed on -site wastewater treatment systems and proposed individual wells. The Environmental Health Services Division recommends the following: Prior to construction: 1. A Weld County Septic Permit is required for the proposed home or for any building that requires sewer septic system (s) and shall be installed according to the Weld County On -site Wastewater Treatment Systems Regulations. 2. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Health Administration Vital Records fob: 9/0 304 6410 Fax: 9/0-304-6412 Public Health & Clinical Services olc: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Communication, Services Education & Planning Tele: 970-304-641 5 Tele: 970-304-6470 Fox: 970-304-641 1 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax; 970-304-6452 Public Health MEMORANDUM TO: Diana Aungst, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: June 10, 2019 SUBJECT: RECX19-0061 Esh The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 045328000003 The project proposes to: Four Lot Recorded Exemption ACCESS: Weld County Public Works has reviewed the application materials related to access. The applicant is dividing parcel 045328000003 into two (2) contiguous 4 -lot recorded exemptions under Weld County case numbers RECX19-0060 and RECX19-0061. For the western half of parcel 045328000003 the applicant is proposing to have one (1) access on County Road 100 for RECX19-Q060 Lot A and one (1) shared access on County Road 100 for RECX19-0060 Lots B, C and D. For the eastern half of parcel 045328000003 the applicant is proposing to have one (1) shared access on County Road 102 for RECX19-0061 Lots A, B, C and D. To comply with Weld County Code's goal of "no net increase" in the number of accesses onto adjacent County roads and using shared accesses for contiguous lots when practicable: • Lot A of RECX19-0060 shall use one (1) access on County Road 100. This access shall be located directly opposite an existing access on the south side of County Road 100 and must meet the geometric design criteria listed in Table 12A.4.1 below. • Lots B, C, and D of RECX19-0060 AND Lots A, B, C, and D of RECX19-0061 shall use one (1) shared access on County Road 102. This access shall be located and designed to meet the minimum access spacing and geometric design criteria listed in Tables 12A.2 and 12.4.1 below. The applicant shall provide a recorded 30 -foot (minimum) wide access and utility easement for legal access to Lots B, C, and D of RECX19-0060 and Lots A, B, C, and D of RECX19-0061. For shared accesses (Weld County Code Appendix 12A.3.5), Public Works strongly recommends the property owner establish an access road maintenance agreement so future owner of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. 12A.4.1 Geometric Design Access Width Access Radii Type of Land Use Single -Family Residential 20-24 ft. wide 25 ft. minimum Commercial/Industrial 24-36 ft wide 60 ft. minimum Table 12A.2 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between Signalized Unsignalized intersections 2,640 1,320 1,320 N/A N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per 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. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2O17-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, 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. County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the plat the 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 IV, Section 12-4-30.B A Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.cam/departmentslpublic works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referrals relating to RECX19-0060 and RECX19-0061 proposed Lots A, B, C, and D access locations. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 4. Show and label a minimum 30 -foot wide access and utility easement to provide legal access to Lots B, C, and D of REC 1 g-0050 and Lots Al B, C, and D of RECX19-0051 on the plat. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) Weld County Referral May 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Paul and Crystal Esh Case Number: REC19-0061 Please Reply By: June 10, 2019 Planner: Dianna Aungst Project: FOUR LOT RECORDED EXEMPTION Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045328000003-80317686 Legal: E2W2/W2E2 SECTION 28, T9N, R67W 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. We have reviewed the request and find that it does I does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See athed letter. Signature Agency I, WEST GREELEY `CONSERVATION DISTRICT Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax - -- iiiwr ivi re,aikii' -'kat - at+s-` ' a!kJ ;;. . le 0* 4 Pvik • r. • • of %* 3/4 *Nis, 55 i $owe,. Est'' Dii ita7l l Se•, . :erY rt " �artbstar G. grta • x USDA, 'sys - f e'r� aR.IiD. I N. andribtp.I L� s r.Cittritilnitunitt .U) C 0) L ch ffO co O>s 6.9 O Q C 0 E E O W O Z0 f > en E LL — seA eieA0 ON 9J0Ae saA complete soils description consult thi . ,. .. , . 'AL): It 1/41/4\ \ ite' r ,i4:>4 fttlik 0 if. . . ' a Z es DA, Weld County Soil ptic Tank ! Prim+ 'sorption Lai a l l ings with ' yernents Con > O). 0 U) CO itations ac 1 ---,---- 0) Cp C s — n CD -Pa -i-J -a--' :61 'lam the soils and their Urn u V d Severe O. n C W x v) al v) weo idy Loam 00 3 -5-.< 1:1 fCt E, a8 =.L O ›.. ginn .... 4- "57 • lij lij > =Mal Fine Sandy Gravelly Sar 0 so ...„ (I) 0 O uoleasv. 20 Cascajo 54 Platner 01/41 i 40 sci 0 Le lD iro co 0VI C ra 0 is i %sr SID Cit CD CO Soil N .:)) W 4. VIZ..C tin (“. 0 ems a 1 c O is) CI a. ey Conservation Distric Produced by the West Gree Submit by Email Weld County Referral May 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Paul and Crystal Esh Case Number: RECX19-0061 Please Reply By: June 10, 2019 Planner: Dianna Aungst Project: FOUR LOT RECORDED EXEMPTION Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045328000003-R0317686 Legal: E2W21W2E2 SECTION 28, T9N, R67W 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. 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 Weld Re -9 School District Date May 15, 2019 Weld County Planning Dept. 1555 N 17th Ave. Greeley, CO.. 80631 (970) 400-6100 (970) 304-6498 fax Weld RE -9 School District Highland Schools 210 W. First Street P.O., Box 1390 Ault, Colorado 80610 (970) 834-1345 May 15, 2019 Paul & Crystal Esh 46715 WCR 19 Nunn, n, Colorado 80648 Crystal, The Weld Re -9 School District has received notification from the Weld County Planning Department regarding your request for recorded exemption. The recorded exemption application shows the creation of three new lots for the purpose of future residential development. Weld Re -9 has established a methodology to determine in - lieu of land payment for new residential units created by the subdivision of land in order for the District to purchase land which will house future school buildings for the purpose of educating the children living in these potential residences. The total in -lieu of land payment per unit created for residential purposes is s 1,099. Therefore, your obligation to Weld Re -9 is 3,297 for the lots planned in recorded exemption #rec 19-0061. Payment can be mailed or delivered to: Weld Re -9 School District 210 W. First Street P.O. Box 1390 Ault, Colorado 80610 Please includeyour recorded exemption number with your payment. A receipt will be provided to the party requesting the exemption. If you have further questions, please don't hesitate to contact our administration office. In Education Robert D. Ring Jr. Superintendent Q May 20, 2019 COLORADO Division of Water Resources Department of iNatural, Resources Diana Aungst Weld County Department of Planning Services Transmission via email: daungst@weldgov.com Re: Four Lot Recorded Exemption for Paul Et Crystal Esh Case No. REC1 -0061 W E 1/2 Section 28, T9N, R67W, 6th P.I. Water Division 1, water District 3 Dear Ms. Aungst: we have reviewed the above referenced proposal for a four -lot recorded exemption. The submitted material does not appear to qualify as a "subdivision" as defined in Section 0-8'- 101 10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks to split approximately 163 acres into four lots via a recorded exemption process. Lots A and B wilt each be approximately 4 acres in size, and Lot C will be approximately 5 acres in size. Lots A, B, and C are proposed to be used for residential purposes. Lot '3 will be approximately 149.9 acres in size and is proposed to be used for agricultural purposes. The property is currently vacant grassland. The proposed domestic/ potable water supply for each lot is a proposed well. Lots A, B, and C will each be less than 35 acres in size, therefore it is anticipated that this office could issue a permit to construct a well on each lot that would be limited to ordinary household use inside one single-family dwelling, with no irrigation or other outside use allowed. Lot D will be greater than 35 acres in size, therefore it is anticipated that this office could issue a permit to construct a well on each exclusive 35 -acre portion of Lot D (not to exceed 4 wells on 149.9 acres) that could be used for fire protection, ordinary household purposes inside not more than three single-family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch, and the irrigation of not more than one acre of home gardens and lawns. The ability of the property owner to obtain a well permit for each lot, and the allowed use of each well, wilt be determined at the time well permit applications are submitted to this office. Should you or the applicant have any questions regarding this matter, please contact me at this office. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 ww .colorado.gov/water Jared S. Polis, Governor Dan Gibbs, Executive Director Kevin G. Rein, State Engineer/Director Eh Recorded Exemption Case No. REC 19-0061 May 20, 2019 Page 2 of 2 Sincerely, Sarah Brucker, Pi. Water Resources Engineer Cc: Applicants (Paul Crystal Esh, eshranchhay ®mail.eom) Referral file no. 26488 Submit by Email Weld County Referral May 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Paul and Crystal Esh Case Number: RECX19-0061 Please Reply By: June 10, 2019 Planner: Dianna Aungst Project: FOUR LOT RECORDED EXEMPTION Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045328000003-R0317686 Legal: E2W2/W2E2 SECTION 28, T9N, R6'W 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. i _ We have reviewed the request and find that it does I does not comply with our Comprehensive Plan because: We have re vie wed the request and find no conflicts with our interests. See attached letter. Sarah Brucker, P.E. 0512012019 Signature Date Agency Colorado Division of Water Resources Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Heritage Title Company Commonweatiti Heritage Title Company, lire, 7251 West 20th Street, Building L, Suite 100, Creele :, CO 80634 (971}) 330-4522 Bill To: For Sale By Owner Crystal Esh 46715 CR 19 Nunn, CO 80648 Properly vacant land, Weld County, CO Address: Invoice No.: 00217334 Master Invoice No: 328.20 Date: 416./2019 Our No.: H0560630- 59-820-GRO Customer No-: Reference No: Seller: Buyer: Esh, Paul S. Marketing Rep: [32) House Account Customer Id No .: 1076424 Comments: Invoice Generated by: I -y n rl Vance Code 3518 Chain of Title Guarantee Description $]65.00 Amount - I $165.00 Total Invoice Amount S165.00 PLEASE SEND YOUR PAYMENT TO THE ABOVE ADDRESS HTC Heritage Title Company NIA.i g ttattuctions Personal i Cornrnormrealti ` -�� I Mach& 1 ii• TITLE DEPARTMENT — DELIVERY TRANSMITTAL 7251 West 20th Street; Building L1 Suite 100 Greeley, CO 80634 (970)330-4522 Fax: (866) 828-0844 DATE: Apri 16, ?019 FILE NUMBER: H056063u U GUARANTEE NUMBER: CO-FFAH-IMF'-S1(70(16-1-19-H0560630 PROPERTY A DI)R ESS: vacant land, Weld County. CO TO: Crystal Esh 46715 CR 19 N Uri 11, CO 80648 El If checked, supporting, documentation enclosed ATTN: Crystal Esh PRONE: (970) 481-4201 MOBILE: (000) 000-0000 FAX: (000) 000-0000 E-MA1 L: eshranchhay. � gmaiLearn DELIVERY: Email NO. O F COPIES: I END OF TRANSMITTAL SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. (Guarantee No.: C -FFAH-IMP-SJCOG6-1-19-II0S6(t630 • Commonwealth Land Title Insurance Company a Florida corporation. herein called the Company GUARANTEES Paul S. Esh and Crystal L. Esh The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.. Commonwealth Land Title Insurance Com pans Countersigned: By: Authorized Officer or Agent '4 ,6411 ICr13�1r'rl,I, osci Tone 1 t- 1/ *� a . Ir _ .... t; SEAL lif By eft Sm Randy Chu* Pit n to L r.Machai Gci►,:BIhe Secre ar 81 C( i& Chain of Title Guarantee CL 1 A G ruaranlce Form No. 6 (Revised 6/6/92) Order No.: H056063O-1320-GRO Guarantee No.: CO -:1' FA 1 -1 -:IMP -S 1COG6-1-19-H 956063 0 Order No.: 1-0560630-820-GRO Liability_ S165,00 1. Name of Assured: Paul S. Esh and Crystal L, Esh Effective Date of Guarantee: April 2, 2019 at 6:00 PM The assurances referred to on the face page are: That, accord iinu, to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired by Paul S. Esh and Crystal L. Esh pursuant to a Personal Representative's Deed recorded September 20, 2016 at Reception No. 4237931 in and to the land described as follows: See Exhibit A attached hereto and made 41 part hereof. Only the following deeds appear in such records subsequent to July 5, 1968: Reception No. 1511585 Reception No. 1926119 Reception No. 2061050 Reception No. 2090608 Reception No. 2362394 Reception No. 3101434 Reception No. 3928180 Reception No. 423791 This Guarantee does not c+INer; Si COG6 SCHEDULE A CHAIN OF TITi_,E GUARANTEE Guarantee No.: C -FFAH-IMP-S 1 COG6-1--19410560630 Fee: $165,00 Book 590 Book 995 Book 1120 Book 114E Book 1415 1 axes, assessments, and matters related thereto. Instruments, proceedings, or other matters which do not specifically describe said land. Chain of Title Guarantee C'Ia A Guarantee Form No. 6 (Revised 6/'6/92) Order No.: H0S6O630-820-GRO Guarantee No.: CO-FFAH-IMP-SICOC6-I-19-H0560630 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: Township 99 North, Range 67 West of the 6th P. M. Section 28: E1/2W172, I I2E 1 /2 Count! of Weld, State of Colorado 81 COG6 Chain or Title Guarantee (LTA Guarantee Funs No. 6 (Revised 6/6/92) Order No.: H0S60630-820-GRO Guarantee Rn.: CO-FH'AII-IMP-8I CO G6 -1-1941I0560630 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) 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 theColorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 ()(a). gI UOG6 Chain o1„Folic Guarantee ( LTA Guarantee Form Na, O. ( Rlviwd 616/92) Order No. H0560630-820-GRCS Guarantee No. CO-FFAH-IMP-8 I COG6-1- ] 9-H0560630 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A. of this Guarantee, the Cornpaanv assumes no liability for loss or damage by reason of the following! (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) ( fl Taxes or assessments of any taxing authority that levies taxes or assessments on real property: or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or riot the matters excluded under ( I) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims: i;2} reservations or exceptions in patents or in Acts autho:r.izin.g the issuance thereof: (.3) water rights, claims or tide to water, whetter or not the matters excluded under ( I L (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A. of this Guarantee. the. Company assurnes no liability for kiss or damage by reason of the fosse ii (a) Defects, liens. encumbrances, adverse claims or other matters affecting the title to any property beyond t:h€ lines of the land expressly described in the description set forth in Schedule A of this Guarantee, or title to streets, roads, avenues, lanes. ways or waterways to which such land abuts. or the right to maintain therein vault;, tunnels, ramps or any structure or improvements: or any rights or easements therein, unless au.ch property, rights or easements are expresw;li. and specifically set forth in said description. (b) Defects, liens.. encumbrances, adverse claims or other matters_ w.vhetber or not shown by the public records: ( 1) which are coated, suffered_ assumed or agreed to by one or more of the Assureds: (2) which result in no loss to the Assured: or (3) which do not result in the validity or potential !invalidity of any judicial or non -judicial proceeding which is IA' ithin the scope and purpose of the assurances provided. The identity of any party shown or referred to in. Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term -land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor ally right, title, interest, estate or easement in abutting streets. roads, avenues, alleys, lanes, ways or waterways. "mortgage' mortgage_ deed of trust, trust deed, or other security instrument. (U) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers. kir value and without knowledge. (e) "date": the effective date shown in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT.. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which mightcause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company. then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Corpaa.ny^ shall in no case prejudice the rights of any Assured wider this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent € f the prejudice. 3. NO DUTY TO DEFEND OR PROSECI.. TE. The Company shall have no duty to defend or prosecute an v action or proceeding, to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMP:%N 'tS OPTION TO DEFEND OR PROSECUTE ACTIONS; Dl .I Y OE ASSURED CLAIMANT -I-0 COOPERATE. Even though the Company has no ditty to defend or prosecute as set truth in Paragraph 3 above: lay The Company shall have the right, at its. sole option and cost, to rise nuts and prosecute any action or proceeding., interpose a defense. as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the hen rights of the Assured. or to prevent or reduce leas_ or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph it shalt do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of he choice ( subject to the right of such Assured to object for reasonable cause! to represent the Assured and shall not be liable for and will not pay the fees of any other counsel_ nor will the Company pay any fees, costs or expenses incurred by an SICOG6 Assured in the defense of those causes of action which allege mailers not covered by this Guarantee. (e) Whenever the Company shall have brought an action or interposed a defense as peerniitted by the provisions of this Guarantee. the Company may pursue any litigation to final determination by, acourt of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from an adverse judgment or order. (d) In all eases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of .any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reassenable aid in any action or proceeding_ securing evidence_ obtaining witne sc:a. prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary .or desirable to establish the title to the .Assured. If the Company is prejudiced by the failure of the Assured to turnthe required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. PROOF OF LOSS OR DAMAGE. in addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety ) 90) days after the Assured shall ascertain the facts giving rise to the loss or damage 1'ii.e proof of lose or damage shall describe the matters covered hi this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. if the Company is prejudice hw the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company arid shall produce for examination... inspection and copying, at such reasonable times and places as rilay be designated by any authorized representative of the Company, all records., books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee. which reasonably perta.iti to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its; pertniasinn, in writing, for any authorized representative of the Company to exan1iee. inspect and copy all records, hooks_ ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss. or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company_ it is necessary in the administration of the claim. Failure. of the Assured to submit for examination. under oath, produce other reasonably requested iitformation Or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by hoe or governmental regulation_ :shall terminate any liability of the Company under this Guarantee to the Assured for that claim Chain of Title Guarantee CLTA. Guarantee Form No. 6 (Revised 6./6/9.2) Order No, e 11(15611630-82 l)-GRO 6. OPTIONS TO I'A'A' OR OTHERWISE 'SETTLE CLAIMS: TERMINATION! OF MAR,Itit le case of a claim under this Cuas,antee. the Company shall have the follow ing add itiotta I aptiane: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee., or to pay the full amount of this Guarantee or, if this Guarantee is issued fir the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase th.e indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs. reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Compan), by the Assured the Company offers to purchase said indebtedness., the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate. including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its +options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation_ (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties. for or in the name of an Assured claimant any claim assured against under this Guarantee, tegcther .k% ri b any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (li) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage. ether than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. r. DETERMINATION AND E:'7.F:NT OF LIABILITY. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the .Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set ibrth in this Guarantee and only to the extent herein described. and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the .Assured shall not exceed the least of (a) the amount of habil ity stated in Schedule A or in Part:2: (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions irnd Stipulations or as reduced under Section q or these Conditions and Stipulations., al the time the loss or damage assured against by this Guarantee occurs. together with interest thereon: or (c) the difference between the value of the estate or interest covered hereby as slated herein and the value of theestate or interest subject to an defect, lien or encumbrance assured against by this Guarantee. 8. LIk9LTA TION OF LIABILITY. (a) If the Company establishes die title. or removes the alleged defect, lien Dr encumbrance-, or cures any other matter assured against by this. Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any ,appeals therefrom, it shall have fully performed its. obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (h) in the lax cut of any litigation by the Company or with the Company's consent, the Company ity shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction. and disposition of all appeals therefrom, adverse to the title, as stated herein. g1cocio Guarantee No.; CO FAII-IM P-8 I COG6-1-19-H0560630 (e) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit witlroul the prior written consent of the Company. 9. REDI'('PION OF LIABILITY OR TERMINATION OF LIABILITY. All pa"nients under this Guarantee:, except payments made for costs. attorneys' fees and a penscs pursuant to Paragraph 4 shall reduce the amount or Inability pro taut ). I PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed. in which case proof of loss or destruction she be furnished to the satisfaction of the Cernpans . (b) When liability and the a titent of loss or damage has been detrzaitely., fixed in accordance with these Conditions and Stipulations, the loss ar damage shall be payable within thirty (30) days thereafter. l I. SUBROGATION ('1'O'N PAYMENT OR SETTLEMENT. TLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee. all. right of subrogation shall vest in the Company uralice.ted by any act dale Assure c lain) hill. The Company shall he subrogated to and he entitled to all rights and remedies Ishichl the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued, it' requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and it.) use the name of the Assured in any transaction or Iiu22attaJn involving these rights or remedies. If a payment on account of a claim does not full cover the loss of the Assured the Company shall he subrogaled to all rights and remedies of the Assured aster the Assured shall have recovered its principal. interest, and costs ofcollection.. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.. Arbitrable matters nma> include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee. any service of the company in connection with its issuance of the breach of a 'Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000„000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability k in Bate n of $1st?00,000 shall be arbitrable only when agreed to by both the Comp_arn and the Assured. fhe Rules in effect at Date of Guarantee shall be hinting upon the parties, The award may include attorneys' fees to a prevailing party_ Judgment upon the award rendered by, the Arbitrators) may be entered in any court having jurisdiction thereof he law of the shun of the hind shall apply to an arbitration under the title Insurance Arbitration Rules. A copy of Ellie Rules may he obtained from the Company upon request.. 13. LIABILITY" LiMITE:n TO THIS GUARANTEE; GUARA'NTEE ENTIRE CONTRACT. lair This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company lit interpreting any provision if this Guarantee. this Guarantee shall be amen Lied. as a whole, (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim. shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either tli President, a Vice President. the Secretary, an Assistant Secretary, or validating officer or a.utherieed signatory el the Company. 14. NOTICES, WHERE SENT. All notices required 10 be e I v :n the Company and aatv statement in. writing required to he furnished the Lmnpany shall include the number of this Guarantee -and shall be addressed lu the ( tympany at: {'()VIM.ONWEA L I -II 1.'C' i) III LC INSURANCE COMPANY ( 'I rr inas Department fast Office BUN 45023 Jacksonville. H. Chain ofTitle Guarantee Ci.TA Guarantee Form No. 6 (Revised 6/6/92) I aN — • ,I . - ' • • _• I •1 Y P r .. • 1 I-, 4 •t 133, 1 i • e r • 1 1 ' Ali s., 1 Ilaaq�dias Pin - r rNoviia MEN $Y THESZ ranKras, T>W VIM I i t I -al Cu Casty Si LIS. I mad Stated Can* I an ILm taahrie-itiue ad nut waerrvais C43*SLDUk'1 II5 am Til on 10!160-Dali.. Jbk bad Pr. bar -thy Ja lid oorl*ar 14 Mail s. Kauai and mai =DM as J S .11144.1 #tal r a. s - - tam AIL r In tito lolloorileg red edr4property, situate be theCowry ad Veld IF! Racl 6ta ,e of Cola sda, ¢o -wit: 1w1 IP•4 - The tan cif of the ooa•thw.t: stn Ca Z/2 l U4) and West Ralf of this Southeast Quarter a I/2 1911 LAO, Recta t.ich stamentrareight C1e t' r fowarh ip Elias 1#t Werth, San 8izty-.svrsa• (67) Wait of the 6th P.M.,, aS tats net Half of the eacthnst Quarter 4s aft IIW 1/4) sad most air of the o Mar theist ortartar (M' 1/2 241 1/4) of SOCItiet= '2vrcty a.ight (211), soun.hip Wiin. (01 149th, Mats Sixty-seven C67: Went of the 5th 'ails in Weld County, Co l orido,. with all its risptsrtcnarxrir and warrant the title co the sane, ti 4 to Signed ■nid delivered this clay .1 In the prs.trstr cf ♦• .••• tiny nom way .-.•r .•. •.v ti, STATE OF CutOR•It1OI1 COUNTY OF WELD. in rlLna r r A. D. 1969 yryr IIJJ.•.,TT S' i rr(StAL) TI . - Vsr& I'ilflOM a6 r•!!TI!.lIIRO.Y+a• nuns', • ..a n I -II. 4 PPH-I aa4._.. The f s Irtstranent was acknowledged i ctaire me this 19.&5 ."4191)8VCFLAMH■ ''I `• .ri foal official sn1 't z /7 Tt , My n' eapinri 4 IBet 4 t.q `J�\,.� T or tOM _.(CAL) T •l, day Notary Ptrc. *If by naaurad uertwo ar pEr.:.Oai Lark Inrrrl mote or u•nwn; ll ly p•crrtclfaf act'na iw .rNnrrriiu,Llr; 91 oiilCiN dr`dK1' Cr HI Wtlrarra 'gads thou lam EH•Il. Cr pate la eaafla. illeutp-all-lie 04 othn awn -4 r dnaY 'i d ivy o lktr ct erxpura,tiaa, 1104 tff.i<rl mime al •uch 6Ctkt car olOcara. u rmr .ptraiitst at ath.sr ctlilL-qr. a FtiS.ti cz.pislb4 nut try Ia, - - STATUTORY ACKit?QWLRBGallit TI 3it}H kiQI7. WARRANTY DEED • • Sltiltrtcny Farm 4. !T -I! — _1L- — a c a t • S • I t a c al • • 1116 tie .fY ►s • - . *II . - •' +i �llCiir3:1. I lUr 1 L t 4 Lett - .4, I a; •a I • •- / I • 'I c • t I •a -•• I vs • sea 4./10 r • • { ARII2LSJ19 B 0995 REC 0192611? 05/06/ 83 16;22 $3400 F 1828 MARY ANN FEUERSTEIN CLERK & RECORDER WELD STATE OF COLORADO "I CERTIFICATE OF DEATH (PHYSICIAN OR CORONER) CEttAUE11a*Ast* r , 1. Platt �1 I IL f i1 RA Saha LA !r BUCHANAN RI4G?E'iRT•fIiy II" • rile* 1S:i 4• White ,. CITY. TOM ON LOCATION OF elAtM I ; b*uO;N CIA Oftener IIIaM•lasaka .tVisa, Srican Act cast wroth i ru11w VE ENO AV Nail . 76 r • e T147 E OP 11 AT4+IIt 11W1 WI OSA-. 1 - Arra i01Ir11fti - Kansas cam IZtM OP WHATCDUMT11Y U. S .A frt. IIICORITY NOWA II 521-72-0506 REND EFICLe&TAT& wit CO1ovado FATiMA -Of d ! lap CouPI Y' 1f..Wel, 4 �. FREDEKI K INFOR WAlFT- ,iL. Harold E. Buchanan uIDJOLt Dart LSD.* I DAY SEX • ?.Female CAATE OF EIATIi ImairIt.0Ar,YEIJIl I.&. rim 1 41ATiF DI C IA7'H MillikThAtmea 3. t arch :17;I)'t'9Hz se 1905 fiOLMiTYflf eta Sip .I - t;•'. ' • ' is:Wr +r .1/001 Ca, CO N °spirit et OTHER loam T UTIatt- Nee I q ire Ls rltltmmr, Omni i1+4 essirailte1 T+,. Weld Count Genera Noss i el YA#141Ep, MEMER MAlip1ITQI WIDO VE4. DIVORCED Ilartu11 1. Harr i ed SUI1Yiw1NCII SPOUSE Ho sac, PI Si a ri %I -Harold E Buchanan UMUAL CCCU►.AZ ION One kW, aleck dws -,rhq mei we ling I. mega ass krri la* School teacher CI! Y.TOWN DPI LEICATiON VP' 1i[. Finnic 80650 t AS1 LOCKRIDGE pLey;ta vowel Husband SUA1*1.,CAII(NATIOM, PiEtnaVAL fE,IsvU y I iw. Burial MOM m . i.. n tiNgeor yltl.. LI.. Ps YSICta f�} tst;faarYT II*IenttiteSA. • ATM OCCIJAID Y,T a r OA ft IiJ., gill, Q.,r, V awl iMar.. 20. 1982 • tit ''. +i 'WAS DE o M. VIII w u ARMED(MCI srsaw emii- KINDOF EIIJSIN'1163 on INC}tATAV Lik Education , STINEET MiD NUIPAREA 1w. 112].7-WeCoR+d 90 'NMI CITY Lim II mom IMF Ik. No MOM( A-44Allielt II IA it Ti. MARY LAIR tYnabt*l WARD WAILING ADORE= %Tilt T Oa Polio. wwCo. I.a,P.O. Bolls WI, at! ton tow•I Pierce, Co. 'TA, I IMP 80650 • marrow GR eitliglATOAv-HY,tit A 40 LOCATION il..Linn Grove Cemeter Cltr Da won Creele 1TAT Colorado NAME AND AVDAESS (31 FLPN EAikT, MOSt MKT ON itile.$0.,ern. RATI. DM LIC. SIC, 623 watt I a$•*a.IwJipsitldi ctultiti ITA`TI t.rit•-.—__ Lt whAdanson 1lortuar 827 -5th St. Creele CO 80631 6:C5F113Ntars vale&SO94cl 0114 $IawKQ Wogs, NOM *Pio DILINRISIQF CtATivtcll IrIiV$ICI&4IOMClAW+WER11YIleVNE ,I Slr- COMORE* •• OM n.1tSad OrlikPala INAT 1 AP40001‘ c+alwliT14+S1O61.414.ri Calk1CPi OIArTw =VousEta AT- Dlra ME Dan LINO rLACE MCI Dui TOTsai CAU111$M;TAT4D. gsrstrupg. 71441 DAl SIGMID Sr.*. D•,. Vow ».. PAONOLI N -CEO !Er►8 Iw..Da, r►..w.1 .Wi11,iaEn Vii, Jennin►:s M.D. 1900 -16th Street Creele Colorado 80631 �i. MART IMfitDiA . _ 5E lei (Mei Wad II/ Ali r *Weis Olwi Pia i0 HMI EOlu T E C.ullr • STATING Mt UNOCALYING CAN Ii LAIIT 1I r fie -data aiI'• Deputy SO SO { (NIT M. fNLYONIE CASE PEA LINE FOR 1,1, it I, and icl.I DUE TO. OM AS A'CONCt ENCF OP acitta-+/y .#ir 1CL DUE CRALSAC.ONStMENU OF OATS IIfctwif MY REC13T'AhR w•n.w•17•,p't.iml March 24 198t mum" 1110044,iuli-i Pk 1 1D. a OII4ER Siam F UCAhJ1 COME I!ION•IS-. tsss-r.egtEris rHai is arts+• 1...1 ra,'..r-r twc..+v *nee,. wit tLei AWC18CItT. Macao E. IsonIt(Of , WED1TIRAAIWED', P1 IOINE; INVESTIGATION. Its INM A' fl WORK ,IL'n .. r.al tan aND'I'OuA a; II$if1.'if1Y •14* COS , Vt _ ►r • :4p,I PLACE 01 INJiJRY'« A.'es. Lam mewl, Ia4,., r, &Lit la..I�•Y.sY flF;.CIafL (PLAY FJflY°CCUfl91D LOIEAT Itch +TtI1N1I i flit L. I 12 Pali{1 I'. GU IT.phrt4, %.raIK I no. us - stilt silo r.++ !misses w7 tlla an r I 9 AUTOPSY flirts fish iD yes WAS CASE FitfENNIEn - TQalRIO ERITrt.sral 71 No I 7 HEREBY CERTIFY THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD IN MY CUSTODY AS REQUIRED BY LAW, NOT VAtA11Wi 1Ti4OUT LOCAL/VI .S . I s� - j • a t a • a � r. R •R o y', t MPH 4 rrileet• ca Di � Imi ti BEDEPARI.MEA i fo'li-TM 'i tness My hand and Seal This 2@d. day of May .1 19.83 r Dept' t E STR'R M ITA S aT CS Registration, District Humber 238 Gree 1 e'y f Colorado PENALTY BY LAW i f~ any person alters, uses, attempts to use, or furnishes to another for deceptive use any v1 to l statistics certificate. • RECoRDEIVE MEW OEA,1nwai AT 7111 Mn! OF RECosOATION, MS I N- c'PWMENT vas FOUND TO sa IHht QllA'1 FOR THE BEST PHOTOGRAPH Ic REPRDDucy1 ON BECAUSE OF ILLEWSJL{Tyy cattai4'OR reoie }FY• a I L0RED PIPER., ETC. • AH2OL105O B 1120 REC 02061050 07/16/86 15:23 $3.00 1,001 F 0204 MARY ANN FEUZRSTBIN CLEF & DEED OF DISTHIH JTION by PERSONAL REPRESENTATIVE (TESTATE ESTATE) RKCOBDZR WWII] CO. CO THIS DEED is made by ROBERT HAROLD BUCHANAN, as PERSONAL REPRESENTATIVE OE THE ESTATE OF HAROLD BUCHANAN, also known as HAROLD E. BUCHANAN, DECEASED, to F10$ERT HAROLD BUCHANAN, of 5321 Sierra Vista Road, Alanosa, Colorado 81101, and MARILYN ANN BUCHANAN HAGEN, whose address is Route 2, Box 225, New Auburn, Wisconsin 54751. WHEREAS, the above -named decedent in his lifetime made and executed his Last Will and Testament, dated January 12, 1968, which Will was duly admitted to informal probate on January 16, 1+984, by the District Court in and for the County of Weld and State of Colorado, Probate No. 84 PR 14; and WHEREAS, Grantor was duly appointed Personal Representative of said estate on January 16, 1984, and is now qualiried and acting in said capacity; and WHEFEAS, the Grantees are determined to be the persons entitled to distribution of the hereinafter -described real property, and Grantor is authorized and directed to distribute the same to the Grantees. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Title 15, Article 12, Section 711 of Colorado Rev,lsed Statutes, 1973, Grantor sells, conveys, assigns, transfers and releases to Grantaat the following real property, in WELD County, Colorado: PARCEL 1: The East Half (E 1/2) of the West Half (W 1/2) and the Weat Half (11 1/2) of the East Half (E 1/2) of Section Twenty-eight (28), Township Nine (9) North, Range Sixty-seven (67) West of the 6th P.M., Weld County,. Colorado; PARCEL 2: The Northwest Quarter (NW 114) of Section Thirty- four (34) , Tovinship Nine (9) North, Range Sixty-six (66) Went of the 6th P.M., in Weld County, Colorado; PARCEL 3: The North Half (N 1/2) or Section Twelve (12) , Township Eight (B) North, Range Sixty-seven (67) West of the 6th P.M., in Weld County, Colorado; PARCEL 4: An undivided onewhalf (1/2) of all the oil, gas and other minerals lying in and under and that may be produced from the ?forth Half (N 1/2) of the Southwest Quarter (SW 114) and the Southwest Quarter (SW 1/4) of the Southwest Quarter (Sit 1/4) of -Section Twenty-four (24), Township Eight (8) Korth, Range Sixty-seven (67) West of the 6th P.M., in Weld County, Colorado; with all appurtenances, subject to the 1986 taxes, payable in 1987. Wherever used herein, EXECUTED this -2rY STATE OF COLORADO ) COUNTY OF WELD ) ZIA eP iKAR le" AUB '(Sc the singular shall lnielude the plural. day or 014.4 ert haralBuchanan, Personal Repre- sentative of the Estate of Harold 8uehanah aka Rarold E. Buchanan, Deceased 1986. Thp for going instrument was acknowledged before me this dalLof saL,2ca 1986, by ROBERT HAROLD BUCHANAN, Personal aiiv E he ESTATE Or HAROLD BUCHANAN also known as 1CHANAN, DECEASED. "MESS my Hand and Official °Omission expires: /917 sea Notary Fu lie. Address: /O /pct./el: LKLJ r�! i 1 r, +t L c/_IL t5, ' �Zir, 0 L•--' ,e Ote„..„„ 4 r I AR2Q9060 8 B 1148 REC 02090608 03/04/87 15:23 5.O0 1/002 F C952 MARY ANN FEU'EF.ST'ElN CLEIBC. & RECORDER WELD CO, CO WARRANTY FIFFn m:s DFROt Nafle this 19th day of February , ( 1987, tl:-c--en Robert Itaro1d Buchanan of 5321 sierra{ vista Road, Aismosa, Colorado 01101 arx'_ Marilyn Ann{ Buchanan Hagen of Rcr t_e 2, Box 225,. New Auburn, Wisconsin 54757, of the first part, and Marilyn ( Ann Buchanan Iiagen Lose legal address is Route 2, ( Box 225, Near Auburn, Wisconsin 54757 of the County ( of Cl. r r c in and State of Wisconsin, of the ( second part: ( Slate Qoct,rnen toy+ Fee Date Marc .1' .#, tCETh'BSSETH, That the said parties of the first part, for and in consideration of the sum ot. TEN DOLLARS ($10.00) and other good and valuable consideration, to the said larti.es of the first par- in hand paid by the said party of the second part, the receipt whereof is hereby confessed sed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, her heirs and assigns forever, all the fallowing described lots or ,tercels of land/ situate, lying and being In the Ccunty of We16 and State of Colorado, to wit; Parcel 1: The East Half (E f ) of the West Half (W3 l and the West Halt ([tip } of the East Half CE 3) of Section 'q ty--ei- t (2 8) Tcwnship Nine (9) North, Range Sixty -Seven (67) West of the 6th P_ 4_ Weld County, Colorado_ Parcel 2: The Northwest Quarter {NN 1) of Section Thirty-four (34) , Township Nine (9) forth, Range Sixty-six (66) vest of the 6th P.M., in Weld C ounty r Colorado. RESERVING TO ROBERT HAROLD BUCIWAV AN UNDIVIDED C R.LF DITEREST IN AND Tel AIL OT.-, GAS, PI tti'EGIFFATS, AND TO MARILYN ANN B CHANAN HAGEN, AN ' ND IVID 2 ' ONE-UALF INTEREST JN AND TO ALL OIL, CAS AND BIER MINETOIS OWED BY THE PANTIES OF WE FIRST P.AP)? IN AND CINDER THE ABOVE -DESCRIBED p rS Or LAND. 7OCETFEP with all and singular the herd i tarcents and appurtenances thereto belonging, or in anywise appertaix ig , and the reversion and reversions, remainder a it and r a tinders , rents, issues and profits thereof; and all the estate, right, title, int-p rest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of r in and to the above haxrj i nr--rA prgnisp;r ciith the her€r':itaii nts and appartenanrec. 7O HAVE 1 :�i TO HOLD the said pia I ses above bargained and described, with the apurtenances t unto the said party of the second part, her heirs and assigns forever. ?nc3 the said parties of the first part, for themselves, their heirs, executors, and administrators, do covenant, grant, bargain and agree La and with the said party o,_ the second part, her hears and assigns, that at the time of that ensealirg and delivery of these presents they are we]l seiz of the premises above conveyed, as of good, sure„ perfect, absolute and ,indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in '-per and form as aforesaid, and that the same are free and clear from all former and other grants, bargainz, sales, liens, taxes, assessments and encurdirances of whatever king or nature soever,, except subject to unpaid taxes and assessments, easements and rights -of -way for roads, ditch -s, utilities and any other matters of record and the above bargained premises in the quiet and peac able possession of the said party of the second part, her heirs and assigns against all and every person or persons lawfully claiming er to claim the ale or any' part thereof, the i d porties of the first part Wiall and will cUARRANTHAND FORS Dom. ai bJ B 1148 REC 02090600 03/04/87 15:23 $6.00 2/002 F 0953 MARY ANN FECERSTE IN CLERK & RECORDER WELD CO, Co IN WfIINESS WHEREOF, the said parties of the first part have hereunto set their hares and seals on the dates et forth. next to their r signatures. Signed, sr.led e'd and Delivered in the Presence of S'AT'E OF COLORADO CCU OF Alamos a ss 3 i ( Robert at . ( riarnyn Ann Bu haran Hagen t 242/14 id Buchanan .L) - • ear r 1 -3.51L - Date The foregoing instrument iwas signed arm acknowledged before me this 029(11 — of February , 1987 by the aforesaid itbert Harold Buchanan per sonaI L.y. WITNESS my hand and official seal. h:y commission e pines: 7-16-R9 , r: (� 1c.,.trit . Notary Public Address: 311 San Juan Ave.. itneit , Alarosa, 81101 The foregoes instrument was signed and acknaoledged before ire this 19 of Pfl . , 1987 fire the afore' iiid Mncilyn Pam Buchanan Hagen personally. WIflaSS my hand and official seal. My commission expires: sat kcy7( rotar Oublie _ Address: ,)11Sild (21.121 le) a tiR2Lim" ;ct4 1415 RIC 02362394 1.2/0.3/93 13:47 $20.00 1/004 F 0099 MAR'' ANN PSUERSTEIN CLERK S RECORDER WELD CO, CO EQ C ,. s914ALSSZNTATZ ' *sup (Testate Estate} THIS DEED is made this ?3 day of November, 199J1 by Denis Di Hagen as personal representative ref the Eutate of Marilyn B. Hagen, + eeaaed , ($arantorM) , to Denis D. Hagen, individually, {"Grantee''), whose legal address is Route 2, Sex 22 of the r County of -11Appora Stats of Wiscan€ in. ITALa WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated April 23, 1985, which Will was duly admitted to informal probate on January 8, 1991, by the circuit Court in and for the County of Serron, State of Wiscansin, Probate Wo . 94 PR 204F 'EREAS , the Grantor was tuky appointed 2eracroneS Rsprosentative of slid Estate on January 8, 1991, and is now qualified in acting in Said capacity; WHEREAS, the Clerk of the District Court in and for the County of Weld, State of Colorado, certified the domiciliary letters for the Wisconsin Probate an Wovember 15, 1993, a Copy of the certification is attached hereto as Exhibit A. NOW, THEREFORE, pursuant to the powers conferred upon the Grantor by both the probate code for the State of Wlscer�c in and the Colorado probate code, Grantor does hereby sell, ecnvey, assign, transfer and set over unto said Grantee, for and in consicreration of $11), G0, the receipt and sufficiency of witch is hereby acknowledged, the following described real property situated in the County of Weld, State of Colorado ; See attached Exhibit f With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property tares for the year 1993, As used herein, the singular includes the plural and the plural includes the rinquiar. Executed this 23 day of November, 19934 STATE Of WISCONSIN } } GE. COUNTY OF Q11 ewa Subscribed and sworn to before Mov r , 1993 by Denis Representative of the Estate of Marilyn -4.-714: #42 IS D, HAGEN , aj. Personal Representative of the Estate of Ma r i lyit S. Hagen, deceased wrTRGSS my hand and official, seal. My ,fratezion expires; 4-23-95 _ U. car this 23 day of D. Hagen, as Personal B. Hagen, deceased. 4 4 L 4 • i h p 1 -44OC111 affsaiar 11' t b'P N , CIRCUIT CURT* dr- _mss• �. �•,�--�•. !I ThE MATTER OF toe ESTATE OF taiRrv4IPAIMac.malirsia.,HARII2NwitmlaaaLswwwq, Dezeased . ra.. _ COUNTY DOMICILIARY LETTERS • B 1415 EXEC 02362394 12/03/93 13:41 $20,00 2/004 F 0099 MARY ANN PEUflSTEIN CLERK & RI!CORDEP WELD CO, Co THE STATE OF WISCONSIN, to File Na benis s D. Hagen 1H MUTE WHEREAS,.—,. .. Hagen i egad &MOHI e Barron'minty, sconsln, ors � t 'el 1990 • OM I WHEREAS. you have bee, appointed personal niptesentatin and have Nib qualified: NOW THEREF3RE, these letters vs Issued to you, and you am ordered to .adtnlntstor estate according to law. r Ationsey Pea. Box S { ! tek W1 54728Address . • IN TESILIS4ONY WHEREOF. I hive stoned these Cellars and affixed the seal of !h* Court ,3a.nt* r 8 _ 1 3"91 is/ Edward R. Brunner HON.DdARD I t EIRMER cucun ,ludge Critsoly of Barren t a 41, trim for er3ci copyat the oriOns4 on file MCI Of mord In my office ono lutt Iftither MIR/saki Leen ere in full Wen and affects I a.leal II I s5' B 1415 RED' 07362394 12; 43/03 13:47 $20.00 3/004 • 10100 MARY ANN PEUEPSTEIN CLERK & RE[ ORDER wE! b CO, CO STATE OF COO ) COT' or WELD ) l , Donna J. Powell, clerk of the District Court in and for the County of weld and State of Colorado, do hereby certify the within and foregoing to be a full, true and correct copy of the Dome 11 Lary Letters as exemplified by Circuit Court of Barron County, State of Wisconsin, and entered of record in case no. 93PR335. in the matter of the Estate of MARILYN RAGEN rt/k/a MARILYN B, MM. Deceased, as the same appears from the records and files now in my office properly remainln //e IN TESTIMONY WHEREOF. 1 have set my hand and affixed the Seal of this Court At my office in Greeley, Weld County, Colorado, this 15th day of 'ovollible r anaatiimIlse _ i9 95 DONNA J. POWELL of the Distri -t Court by Ltm • I • fl 1415 RPC 02362394L 12,03/93 13:47 F 030 MARY ANN PEUEPSTFIN CLERK 6 RECORDER WELD CO, CO PARCEL 1; The East Half (E 1,12) oV he West Half W West Half (w 1/2) of� the East Half (E 1, ,� � 2/2) and the Section Twentyaeight (28) 0 Township Nine (9) North, Rance S i x t �seve 6th P.M., Weld County, Colorado; West e PARCEL 2: The Northwest Quarter (NW 1-- 4 '�34) , Township Nine (9) North, Range '� � of Section �hi�t��f�u� P. �!. in Weld C�arint Sixty-six � �� West of the 6th y, Colorado; PARCEL 3: The NGrth Half (h' 1/2) of Section Twe lEight (8) North, Range S xty seven (67) West of the e (12;, tt� t ' M. ig l County, Colorado in PARCEL 4: An undivided one-half (1,r 2) of aY otherr��r,er��i s 1�� i � and under and that nay the oil, gas and NorthHalf ( N 1/2) of the Southwest r,� � � produced from the ��uth west Quarter (SW � Quarter �'tex' � �sW 1/4) and the 114) of the Southwest Quarter (ski 2/4) of S i3ct i on Twenty-four (24), Township E i tit s�"F+��j (67) Wept �f t�� 6th P.M., In Weld � ) North, Range Sixty� 434 ill VIII III IIIIIIIIII IN 11111 Ilk 111111 IIiIi III Dliii!! 11111 iini iii uiii Ii" i u 3701434 004/201r0 09:22A Weld County, CD of 1 R 6.00 D 12,64 Steve Morello Clerk & Recorder Warranty Deed (Puncuant to 3EI- 30-113 State Documentary Fee Date; June 117 2010 12.64 a THIS DEED, made on June 11, 2010 by DENIS IL HAGEN Granror-(s), of the County of _ and State. of for the consideration of (1126,.400.00) "a' Orte Hundred Didoenty Six Thousand Four Hundred and X1100 *** dollars in hand paid, hereby sells and conveys to GREG R. REEVES AND PA►1TV D. REEVES Grantee(s). as Joint Tenants, whose street address is tat. County of -- . and State or ,..the following real property in the County of Weld, and State of Colorado, to wit; 3er 2-015- 70 L'4+C, C1 r c , e-_ ef'06.1y THE EAST 112 OF THE WEST 1/2 AND THE WEST 1/2 OF THE EAST 1/2 OF SECTION 28, TOWNSHIP 9 NORTH, MGE 67 WES1' OF THE 6TH P.M.,. COUNTY OF WF'LD, STATE OF COLORADO.. also known by street and nurnbperas: VACANT LAND WCR 100 AND 1012 NIJ?rNN C0110648 with all its appurtenances and wan -ants 1ho clip to the san w, subject to all taxes and assessments for the yeer 2010 and the martyrs stated in Section 13 (transfer of tide) of the Conran to Buy and Sell Rea! Estate (a) throw specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 11 ode Review); (b) distribution utility easements (including cable TV); (c) those specifically described rights of t ltd parties not shown by the pudic records of which Grantee(s) has actuar knowledge and which were accepted by Grantee(s) in accordance with Section &2 (Marten not Shown by the Public Records) and Section 8.3 (Survey Review.); ,(CI) inclusion of the Properly within any special tax district; and, (e) other NONE 4,1 / J�\J I (1� 1j rL w ail /LI/ Suite t I 1SCONStN Lourryof la, AG -N, M"I'1 ORNFIN rA(-i f1 Ss. The foregoing instrument was acknowledged before me on this day of June 11, 2010 by MARGIE HA.GEN AS ATTORNEY IN FACT FOR DINTS a IIAGEN -`f�nee Notary Public My co mm issio n expires /.3 Vihtn Peco;[ted Return, to: GREG R. REEVES A1-4.10 PA'�'Y 0.. REEVES ,,�,4�`` . , ` y '. 2 l i cs 7 C4 -h ,� venom re ,t :'4rceLc1, ::::.. li'f't' i'- '.��-1.21f-ti). 1'Uf't`.. .' ti j -. .. ft !C TM,� •,,,,,........ar I- ., .. b .,._ ite F'omi L301,34 09/2008 wd.ottt Warranty Dnned (Joint Tennu) FC25095263 (9762534) brid �;.�A.ra1Jh C Wiwi! 3926180 Pages; 1 of 5 04/29/2013 02:26 P$ R F.e:$31.00 D Fey,:$0.00 Steve ta1cr.no, Clerk and Recorder, Weld C uny ,: CO rr1 i «sv yinii a *I Ai 11111 EXEMPT BARGAIN AND SALE DEED (Weld County) KNOW ALL MEN BY THESE PRESENTS, That PATRICIA APRIL DEPLAZES, also known as PATTY D. REEVES, also known as PATTY DEPLAZES REEVES, also known as PATTY DEPLAZES, whose mailing address, for purposes of this Deed, is 204 7th Street SE, Minot, North Dakota 58701, of the County of Ward, State of North Dakota ("Grantor") , for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to GREG R. REEVES, whose mailing address is 47080 County Road 33, Nunn, Colorado B0648, of the County of Weld, State of Colorado (Grantee), the real property situate is the County of Weld, State of Colorado, which is legally describe as follows: Those certain thirteen (13) parcels of real estate which are legally described on Exhibit "A" attached hereto and incorporated herein by reference. Reservation of Mineral Rights., Grantor expressly excepts and reserves unto herself, and her heirs, personal representatives, and assigns, forever, all oil, gas, and other minerals and mineral rights which are owned by Grantor on the date hereof and which are located in, on, or under the surface of the parcels of real estate being conveyed hereby. Signed and delivered this -fl-t day STATE OF COLORADO Sn, COUNTY OF LAXIMER 3 2013. PA RI .A' APRIL DBE PL- Z ES , also known a s PATTY D. REEVES, also known as PATTY DEPLAZES REEVES, also known as PATTY DEPLAZES r The foregoing instrument was acknowledged before me this 13 ,, day of April, 2013, by PATRICIA APRIL DEPLAZES, also known as PATTY D. REEVES/ also known as PATTY DEPLAZES REEVES, also known as PATTY DEPLAZES. WITNESS t„boim . and official seal. My corn e* ,res: /1// e-,'i +i. / 4 � La ; O = o z 2 * ` �;0 �. (1F &.G 4/11/13) * se abase. {{ \ fir" e W it f 1 Notary Public a, PONE. 4, , . u LL. 125 SOUTH HOWES, 6TH H FLOOR POST OFFICE ESOX 27:67 F0:: ' C0LLINS C O x.:,522 3928180 Pages: 2 of 5 04/29/2013 02:25 PM R Fee : $31 , f@ D Fitgleope Steve Morsno, Clark and Re -carder. Weld County,. CO �i kI Pi: V, II EXHIBIT "A0 ATTACHED TO AND MADE A PART OP THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ( "GRANTOR") AND GREG R. REEVE'S ("GRANTEE") LEGAL DESCRIPTIONS OP THE PROPERTIES CONVEYED HEREBY PARCEL 1; Lot 11 Block 7, EKES CROSSING SUBDIVISION, County of Weld, State of Colorado. (Street Address: 2115 70th Avenue, Greeley, Colorado) PARCEL 2: Tract 11 Addition, Colorado. Lots 17 and 18, Block 8, Cave and Priddy Town of Pierce, County of Weld, State of Tract 2: Lot 19, Block 8, Cave and Priddy Addition, Town of Pierce, County of Weld, State of Colorado. (Street Address: 426 East Main Street, Pierce, Colorado) PARCEL 3: Lots 13, 14 and 15, Block 8, Cave and Priddy Addition, to the Town of Pierce, County of Weld, State of Colorado, (Street Address: 440 East Main Street, Pierce, Colorado) PARCEL 4: Lot Q, Recorded Examption No. 0553 -02 -3 -RE -3857 recorded November 23, 2004, at Reception No. 3238029, being located within the South 1/2 of the South 1/2 of Section 2, Township 8 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado. (Vacant land, no street address assigned) (AF4 4/11/133 2 3928180 Pages: 3 of 5 04/29/2013 02:26 Rai R Fee!$31.00 $31 .00 D fee -$0.02, Steve Mprsnp, Clerk and Recorder, Weld CountyCO rrk: kiVk+ kik 11111 PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR") AND GREG R. REEVES ("GRANTEE") LEGAL DESCRIPTIONS OF THE PROPERTIES CONVEYED HEREBY (Continued from Page 1 to Exhibit "A") PARCEL 5: Township 8 North Range 66 West of the 6th P.M. Section 11: E1/2NE1/4, S1/2; County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 6; Township 8 North, Ra-ngg 66 West o f the 6th P.M. Section 13 W1/2; County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 7 Tionishi 8 North Ran a 66 West of the £th P M Section 2O: SE1/4; County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 8; Lot B of Recorded Exemption No. 0301-31-2 RE -3333, recorded September 10, 2003, at Reception No. 31O4875, being a part of West 1/2 of the Northwest 1/4 of Section 31, Township 10 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned) 111FILG 4/11/I)) r 3 3928180 Pages: 4 of 5 04/29/2013 02:26 PM R Fe*:$31.00 D Feef$0.001 Stave Morena, Clerk and Recorder, Weld County, CO �IIINl44YTI4'i4kelW:lllfll,1 �4bW�61Mh�11#YIvA IUFI PAGE 3 TO EXHIBIT "A" ATTACHED TO AND MADE �7A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR') AND GREG R. REEVES ("GRANTEE") LEGAL DESCRIPTIONS OF THE PROPERTIES CONVEYED HEREBY (Continued from Page 2 to Exhibit "A") PARCEL 9: Lots A, B, C, and D of Recorded Exemption No. 0455-06-2 RE -4524, according to Map recorded January 26, 2007, at Reception No. 3451161, being a part of the Northwest 1/4 of Section 6r Township 9 North, Range 66 West of the 6th PAC, County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 1G: Lot C of Recorded Exemption No. 0453-17-3 RE -2119, according to Map recorded June 23, 1998, at Reception No. 2 621419 , being a part of the East 1/2 of the West 1/2 of Section 17, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, and Lot B of Recorded Exemption No. 0453-17-3 RE -4924, according to Map recorded September 8, 2009, at Reception No. 3647379, being a part of the West Half of the West Half of Section 17, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 11 Tawag4in_l_Nglith,_Range 67 West of the 6th P.M Section 28! Ei/2W1/2 ,, W1/2E1/2; County of Weld, State of Colorado. (Vacant land, no street address assigned) (floc 4/11113) - 4 3928180 Pages: 5 of 5 04/29/2@13 0212S Ph R Fee:$31.00 .0o C Fee:$0.00 $0.00 514va horen0, Clrek and Recorder, Weld County. CO I/Y% 1t114 ��' � i fir `f�l,� 4 It i Ni F.r PAGE 4 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE BARGAIN ANt'� SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR") AND GREG R. REEVES ES ("GRANTEE") LEGAL DE5cRIPTIONS OF THE PROPERTIES CONVEYED HEREBY (Continued from Page 3 to Exhibit "A") PARCEL 12: Township 9 North, Range 66 West of the 6th P.M. Section 34: N I f 4; County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 13: Township 11 North Range 67 Went of the 6th. P.M. Section 34; W1/2 I/4 , SW1/4; County of Weld, State of Colorado. (Street Address; 9378 County -Road 124, Carr, Colorado) (HFLC 4/11,/i]) 5 423 931 09/20/2O16 10:50 AM Total Pages: 2 fee Fee: $16.00 Doc Fee: $45.13 Carly Koppes j Clerk and Recorder, Weld County.. CO PERSONAL REPRESENTATIV" S DEED THIS DEED is made by KATLYN B. FITZGERALD AND KELLY F. HERNDT , AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE of GRIM ROY REEVES, ALSO AS GREGORY ROY REE `$ , GREGORY R.. RECVM, GREG R. REEVES, AND GREG REEVES, DECEASED ("Grantors"), to PAUL 3, 113E and CRYSTAL Le ESE, as joint tenants with rights of survivorship and not as tenants in common, whose wailing address, for purposes of this Deed, is 46715 County Road 19, Nunn, Colorado 60648, of the County of Weld, State of Colorado ("Grantees")_ KNOWN WHEREAS, the decedent died on the date of- May 11, 2016 r and the Grantors were duly appointed Co -Personal Representatives of said Estate by tha District Court in and for Latimer County and State of Colorado, Probate No. 201SPR30295,, on the date of June 2, 2016, and are new qualified and acting in said capacity, NOW, T EREFORE , pursuant to the powers conferred upon Grantors by the Colorado Probate Coder Granters do hereby sell and convey unto Grantees, for the consideration of Tian Dollars ($10.00) and other good and valuable consideration, the following -described Teal property situate in the County of Weld, State of Colorado Township 9 North, Range 61 West of the 6th P.M, Seotibn 2t; i I "1/2, MU/1111,01; County of weld, State of Colorado. (V'acant land, no street ar$riress assigned) 'KITH ALL eppartenances, subject to sat its , restrictions, and rights -of -way in place or of record; oil, gas, or other mineral exceptions, res ervations , or leases of record; any restrictions, reservations, or exceptiOnA contained in any United States or State of Colorado Patents of record; claims of adjacent property owners resulting trot the nislocation of boundary fences; and real property taxes and assessments for the year 2016 and subsequent years. EXECUTED OTP4C 9/14116) this 16th day of Septaaber, 2016. ESTATE OF GREG Y REEVES, ALSO KNOWN AZ GREGORY ROY EVES,, GREGORY R. R EE ES , GREG R. BREVES, AND GREG REEVES„ DECEASED By Kati Coeliac t ona1. Rapresenta Co -Personal Representative • 4237931 09/20/2016 10:50 AM Page 2 of 2 STATE OF COLORADO p sm- CO'I Off' L, The foregoing instrument *as acknowledged before MA this 16th day of September, 2016, by Xatlyn Hs Fitzgerald and Kelly F. Bettxdt, as Co -Personal Representatives of the ESTATE OF GREG ROT RCS, ALSO XNOWN AS GRZGORY ROY REEVE $ , GREGORY R. REEVE S , GREG R. REZVESI AND GREG Aga =CASED. MITNESS my hand and seal. my commission +expires 4 \t_ . t FMK* MANCI. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1 11 LMY COMMISSION EMPIRES 1117/2017 Notary P bl.a c tKPG 9/14/16) - 2 - 4485831 Pages: 1 of 1 05/01/2019 03:41 PM R Fps: $13 Ge 0 Fee;$0.00 0.00 Carly IKenpes Clerk and Recorder Weld County, O0 BM Yflt$1W III ri�� Nth I PbIII BARGAIN AND SALE DEED This Deed is made the day of April, 2019, between Paul S. Esh and Crystal L. Esh, ("Grantors"), and Crystal L. Esh and Paul S. Esh, as joint tenants and not as tenants in common ("Grantees"), whose mailing address is 46715 County Road 19, Nunn, Colorado 80648; Witnesseth, that the said Grantors, for and in consideration of good and valuable consideration delivered by the said Grantees, sell and convey unto the said Grantees, not as tenants in common but in joint tenancy., their successors and assi gigs forever, that real property situate, lying and being in the County of Weld and State of Colorado, described as follows: Township 9 North, Range 67 West of the 6th P.M. Section 28: E l i2W I /2 County of Weld, State of Colorado (vacant land, no street address assigned) being part of the tract assigned account number R03 17686 by the Weld County Assessor, together with all right, title and interest of the Grantors in any appurtenances to such real estate; To have and to hold the said premises above bargained and described, with the appurtenances, unto the Grantees,, their successors and assigns forever. Paul S. Esh State of Colorado ) SS. County of.Wd ) VAtylAture The foregoing. instrument was acknowledged before me this April. 2019, by Paul S. Esh and Crystal L. Esh. My commission expires: cno5 \\ a `C - Witness my hand and official seal. JENNIFER SCHOFIELD NOTARY PUBLIC STATE OF COL ORADO NOTARY ID 20184020224 M / COMMISSION EXPIRES MAY 11. 2022 O Notary Public CA' day of Hello