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Home My WebLink About20194838.tiffRESOLUTION RE: APPROVE RECORDED EXEMPTION, RECX19-0060 - 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, RECX19-0060, 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: E1/2 W112 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, 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, RECX19-0060, 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 (two parcels), five (5) acres, and 150 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, RECX19-0060, 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. GG: PL(OcAdTP), Gt.PPLS oaf f a/ ao 2019-4838 RECX19-0060 RECX19-0060 - 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. F. Lots A, B and C shall be in a cluster, with Lot A immediately adjacent to, and south of Lot B. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-2 RECX19-0060. 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. 2019-4838 RECX19-0060 RECX19-0060 - 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. 2019-4838 RECX19-0060 RECX19-0060 - 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 2019-4838 RECX19-0060 RECX19-0060 - 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 be added for each additional three (3) month period. 2019-4838 RECX19-0060 RECX19-0060 - 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: dam.4.) je:&40;g1 Weld County Clerk to the Board e BY: ,F.. Deputy Clerk to the Board APP VED AS County ttorney Date of signature: o2 A ( /2.o aarbara Kirkmey O Mike Freeman, Pro -Tern Sea P. Conway Steve Moreno 2019-4838 RECX19-0060 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�\�\qj\ ?co&6- (09S LoD I y d , 91'73 C Lot C Jkc.t-c.., incit �(4 res I IL -19.9973 100 Original Proposal •In April 2019 we presented our intent prior 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. LofD jqc , 9y'73 H Acres • loo As Submitted •We were instructed to go to the county clerk and deed our land into two 160 acre lots instead of one 320 lot. We were advised to present them in separate 4RE permits. DEPARTMENT OF PLANNING SERVICES 1555 N. 17"' Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: daungst@weldgovGOM Phone: (970) 400-3524 Fax: (970) 304-6498 June 20, 2019 Subject: Recorded Exemption RECX19-0061 ear Applicant The Department of Planning Services has reviewed your application and related materials fo compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please 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 Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution There is a $13 dollar recording fee per Mylar sheet that you wilt be responsible for paying to record the plat; additional pages are $10 each. 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 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, Diana Aungst Planner II Approvals •All RE applications were submitted as instructed. On June 20t", 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 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 appear to create a traffic safety hazard. Additionally, the proposed accesses are on a collector status road with a posted speed limit of 55 (County Road 100). 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. Backgroun 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: 10/18/19: 10/29/19: 11/4/19: The applicant submitted an alternate configuration for RECX19-0061 the 161 -acre property adjacent to the east. However, the arrangement of lots on this Recorded Exemption (RECX19- 0060) remained the same. 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. 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. 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 —150 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: RECX19-0060 Page 3of8 Approvals cant ■ 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. Fees raid ti Weld RE School *lstrict One of two letters showing payment due to Weld Re -90 May 14 2019 Paul & Crymd Eeh 46718 WCR 19 Nunn Colorado 80648 Crystal The Weld Re- School District has mewed ovate -aeon from the Weld County Palming Deportment regarding your requeet for recorded canned. The recorded exempt= application Mims the creation of three new lots for the purpose of Athos residential development Weld Re 9 has estabWhed a methodology to determine In lieu of lend payment for new residential unite created by the eubdldsion of land in order for the District to pureluae land which will house Allure school buildings for the purpose of educating the children living N these polmtlel reeldenwe The total In Den of land payment per unit created for residential purposes Is 81 099 Therefore your obliged= to Weld Re- Is $3 497 far the Iota planned in recorded e :eruption Irea19-0060 Payment can be mailed or delwered to Wad Roe Wheel lrlrkt 010 W Pine Mawr P0.8et1M➢0 Pear Colorado 00810 Please include your recorded exmop600 number with your payment A receipt will be provided to the party requesting the exemption If you have further questions please dont hedtate to contact our administration 01000 tin Robert Rung eupenntendent Receipts for both totals due totaling $6594.00 showing all payments received. NAT'S RECEIPT WI NlI i 81?00 ucroso'5010 f t12SNiA WG eoIMP71tll6 m.rI1ASJ� Y"^ Is a.N X Water Permit oln 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 Dietriasof WaterRestoseea Deem-0d0hmaiosolson May 20 2019 Diana Aungst Weld County Department of Planning Services Transmission via email daungst@weldaov,com Re Four Lot Recorded Exemption for Paul & Crystal Esh Case No RECX19-0060 E R W M Section 29 TON R67W 6'" P M - Water Division 1 Water District 3 - Dear Ms Aungst We have reviewed the above referenced proposal for four lot recorded exemption The submitted material does not appear to qualify as a "subdivision as defined In Section 30.28 101(10)(e) C R S Therefore pursuant to the State Engineers March 4 2005 and March 11 2011 memorandums to county planning directors this office will only perform a cursory review of the referral Information end 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 160 acres into fair lots via a recorded exemption process Lots A, B and C will each be approximately 4 acres in size end are proposed to be used for residential purposes Lot D will be approximately 148 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 95 acres In size therefore it Is anticipated that this office could issue a permit to construct a well on each exclusive 96 acre portion of Lot D (not to exceed 4 wells en 148 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 one farm or ranch end 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 will be determined at the time well permit applications are submitted to this office Should you or the applicant have any questions regarding this matter please contact me et this office 1515 ewmam Strcot. annual Dews, CO 0010] P1050001501 ows mbrslo goo'maa Jamd5 Pols Corema I Dan Gibbs Eseeafw Deoeta i Sown Win Stolotrybnm/Dimta 102\ New Layout Lot 0 //rig •3 Lo- a H 14CSf5 fi lice(5O lac Lot C� yh‘res Lot 15 w fats Lo Lot c w Acres \ Access I - a.: • i Li* ! LI Acres Leis f1/2 Lo AcceS 5 •After receiving the email with the options from Diana Aungst/ WeLd county we chose option # 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 Gmail Esh Ranch Hay <eshranchhay©gmail com> Recorded Exemptions (Esh) 2 massages Diane Aungst <daungstr©weldgov corn> To Esh Ranch Hay 'eshranchhayegmail oom> Cc Tom Parko Jr" <toarkoCweldgov corn>, Kim Ogle <kogleaweldgov corn> Paul and Crysta Mon, Oct 14, 2019 at 4 51 PM It was nice to meet you today I spoke with the director alter our meeting and t was determined that the options ava lab:e to you are I Staff cannot s„pport both of the Recorded Exemptions in their current configuration and both will be forwarded to the Board of County Commissioners for denial 2 Withdraw one of the Recorded Exemption Applications OR 3 Reconfigure one of the Recorded Exemption applications so they do not appear to look like a subdnnsion Feel free to contact me with any question Regards. Deana Aungcr. AIC'P C'FM Planner II mid County Daparorwnf d Pfanwtg Sorwcos 15555 V t7rh 4; re' cto . .;rpe1ey Cnlcraoo 80.53. D. 970-400-3324 O' 970-400.8100 Fax 970.304.6498 dat#rµs ligitirldgov. corn .fluor rek ,v rats M Gmail Esh Ranch Hay <eshranchhayggmall com> Recorded Exemptions 5 messages Diana Aungst <deungst®weldgov corn> to Esh Ranch Hay <eshranchhay©gmaii corn> Cc 'Tom Perko Jr<tperko®weldgov corn>, K m 0g'e <kogb®weldgovcorn> iGooc morning Crystal Tue. Oct 29. 2019 at 2 29 PM Hope you 3t0 staying warm on this wintery day Planning Staff has been reviewing the original option and the alternative option that you submitted for review Dab to the issues posed by the arrangement of the Lots Planning Staff will need to take these two cases before the Board of County Commissioners I will talk to the clerk end get some times and dates for this meeting and send them to you so we cer make a decision as to which one works test for everyone Fool free to contact me with any questions. Thanks Maur :l ungsr..aIC'P. (TM Planner 11 l4tfad County Departn.ena N Flawing San>oaa 1553 N 17Th Avence - Grey Colorado 80631 D' 970-400.3624 O. 970.400.6!00 Fax.970-304.6498 da:urg3Ydiwsldpov corn newt. wekkx>v.ate A cklamage° 01.jpg(p01 D 1658A.C CAC9650 e Reason Drive was Started View looking north from CR 100 showing the new access point for the private road WELD COUNTY ACCESS PERMIT Weld County Public Works Department 1111 H Street P.O. Box 758 Greeley, CO 80632 Permit Number: AP19-00371 Phone: (970) 304.6496 Issuance of this permit binds applicant and its contractors to all requirements,provislons, and ordinances of Weld County, Colorado ProjectName: Permit Expiration Date: Planning/Building Process: Yes Parcel(s). 045328200024 Proposed Use - Residential Field Access Is on WCR: Nearest intersection WCR: Distance From Intersection: Number of Existing Accesses: Latitude: Longitude: 100 10017 1350 1 40.71146 •104 90116 Applicant Information: Name Company Paul & Crystal Esh Phone. 970-481.4201 Email eshranchhay@gmall.com Owner Information: Name Company Same as Aoghcant Phone Email: Road Surface Type end Construction Information: Road Surface: Asphalt Culvert Size and Type: 15' CMP/RCP minimum if required Material to Construct Access Road Base Start Date Finish Date Required Attached Documents Submitted: Traffic Control Plan Certificate of insurance: Yes Access Pictures: Yes A Copy of this permit must be on site at 411 times during construction hours Daly work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (appi:es to weekends it approved) Approved MUTCO traffic control / Warning devices are required before work begins and must remain until completion of work Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW AR access points shall comply with Weld County Engineering and Construction Criteria found at: httpslilibrty,municodelom/co/weld county/cgdetatirter and county Code?nodeld=CH12LIPE AP APx12-AWFCOENCQCR Unless otherwise authorized. Special Requirements or Comments Utilize new access point on CR 100 (1.Res) located approx.1350ft east of CR 17 CR 100 ,s a Collector roadway with a 60 ft setback from centerline. Approved By: 2019.08.14 11:11:02 0600' 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. CR 100 Access Questions ;jr WELD COUNTY 1� ••41 i'! \1.. 1Ir. ?KIS 13725 Pest Wf.S 1984 WebMrcalor ♦wewry Sprs. P Weklttasty Cctc+do Ohs nap aot gwayswd .tS wipe Nra w' Omni twiny vIr stinks .0.•••••••061 is'. Err. 4.x *pm on shy rep lily a ITS ma be cQnsc. tendt a Wen WIM TM MAP IS NOT TO 6t USED rOR NAVIGATION Legend Parcels Address I Abel highway O County Boundary Notes •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 z eh t Ss_rr• ran r]nnsfvree !tor F•_• Isms•, us(,'rarPltt t US^,A N A NWNE, Sec. 28 T9N, R67W, 6th P.M. Weld County, Colorado Sato 5118/2019 0 ci Man Drsc!aimer: This map is lot Jkatration purposes only and is not s legally recorded pion a savoy. ands= intended to delineate or accifetety rspresern !xi -Manes K should rot be used to revegatan LEGEND Residence Buffer 500ft Residence Buffer 1000ft Residence Buffet 1500ft Proposed Weil Pad — Proposed Access Road (_J Roads Q Property Lines 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 well 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 lots considerably devalued and possibly unsellable. N,ta -„ ,;.a.a. :._n.r a+► a4..:...Y7., f r..Kdiitei:/+c•`►M �'� d . North view 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Planner: Diana Aungst Hearing Date: November 20, 2019 Case Number: RECX19-0060 Applicant: Paul and Crystal Esh Request: Four Lot Recorded Exemption Legal Description: The E2W2 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 east of CR 17 Parcel No. 0453-28-2-00-024 Zone District: A (Agricultural) Requested Size of New Parcels: Water Source: Sewer Source: Narrative: Lot A: +/- 4 acres Lot B: +/- 4 acres Lot C: +/- 5 acres Lot D: +/- 150 acres 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 +/- 163 acres The applicant is proposing a four -lot Recorded Exemption on —163-acre property. The is another four -lot Recorded Exemption on the adjacent —161-acre property (RECX19-0061). 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 western quarter section. The proposed three (3) smaller lots are 5 acres or less in size and the largest lot, proposed Lot D, will be —150 acres in size. The applicant is proposing a four -lot Recorded Exemption on —163 acres (one -quarter section). One - hundred -sixty-three (163) 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. 2019-4838 RECX19-0060 Page 1 of 8 I I/ aO REaXl9-OOCoO 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 RECX19-0060 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 appear to create a traffic safety hazard. Additionally, the proposed accesses are on a collector status road with a posted speed limit of 55 (County Road 100). 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 RECX19-0061 the 161 -acre property adjacent to the east. However, the arrangement of lots on this 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 —150 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: RECX19-0060 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.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. 0453-28-2 RECX19-0060 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) Access Element Arterial i Collector Distance between intersections Signalized Unsignalized Distance between accesses and intersections Distance between access points Distance between access points in subdivisions 2,640 1,320 660 i 660 N/A 1,320 Local 660 330 150 330 i 75 660 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 RECX19-0060 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 arty 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 RECX19-0060 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- 3-20.6.13 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 RECX19-0060 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 RECX19-0060 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: 11/13/19 RECX19-0060 Page 8 of 8 ELF CU-;TY 0 RD F COU, TY CAM \ISSIONERS November 20, 2019 RECX19-OO6O and RECX19-0061 • CASE #s: RECX19-0060 and RECX19-0061 • APPLICANT: PAUL AND CRYSTAL ESH • PLANNER: DIANAAUNGST • REQUEST 2 FOUR -LOT RECORDED EXEMPTIONS • LEGAL DESCRIPTIONS: THE W2E2 AND THE E2W2 OF SECTION 28, T9N, R67W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: NORTH OF AND ADJACENT TO CR 100 AND 1/4 MILE EAST OF CR 17 Vicinity map NI 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 SITE WC R 102 ANTELOPE ESTA TES CL US TER PU D PF-644 F SHIRE PU0 NCR 1 C)U i N cc U USRs in the area USR-9T7 ROPING ARENA cx U SUP- 380 ELECT LINES 230 KV USR`-1716 TEL ECOMAIIUN Ie4TLO,N,s _ TOWER SUP -i366 HOAG,.L.C .O. 2400 SW IN E et MOO V r DC U USR-148 KENNET 25 DOG SITE USR1%074 r KENNEL:{DOG1 T RESCUE FAC.) i _ WCR 102 SUP -392 POWER WCR 100 "MEIN E`Srf45•KV USR-1505 AIR ST RIP Recorded Exemptions in the area !ma _ I U 1 N i SITE WCR 102 WC' - 1 100 WCR 98 ire CC 3 The two stars show where the applicant owns land that has already been split using the Recorded Exemption process Properties owned by the applicant SITE *TM TR EV I N LS ON 1� G SOY NF N REDW04 D ENTERPRISES PSC N •RRI ER HIL1P ERT; , IEPSE&* RT jR YLEIt. A EGLE ORI L �ATT ERSON DANE E WAS EENVIN C -JD C *4ISES T 1 JOY L HAY PASAILY TRUST — ZUAkKDL ssiGk �woot E JEFFREY L E kitsl KUHNE COREY D I' WALLACE ICHAEL I.4 LI ESH PAUL M U S �c, ICH&EL TURN E R WCR 102 -AT ED 2008 SON EM G0RDON LUCINDA IA I SMITH LATHRP PIN(Bl4 M %JU u -c vi? koilltieV '4 1 IC ORERY E PARKS JAM VANKELI PE N DAVIDD VARRA THOMAS E 8AR NE S JAI ES Topography and Antelope Estates Cluster PUD and The Shire Cluster PUD SITE va e. THE SHIRE CLUSTER PUD PF-1007 (2003; REC. 3107608 545' 1/4 i -J pel 1441 5384 WCR 100 bed This lot configuration for RECX1 9-0060. This was submitted for the western 160 acres. May 2019 N tO9 boo RECXI 9-0060 1st layout This lot configuration for RECXI 9-0061. This was submitted for the eastern 160 acres. May 2019 1 ioa RECX1 9-006 1 1st layout Lot C jccc Lola Q 9krcs Lot -A Lot- D Ig9.91-1-13 g00 I IMAGE 3 When the plats were submitted for review and placed side by side this was the proposal. August 2019 I S r 909 X II rr S a 1* n r 1 f 0 h'+•IK'yw- (' tun 4 % LOTH 4 (111! AC: RI .R (U ROSS) 371)4 ACRES thinPROPOSPD ie Accrss Ses 0. St Nwar: 141_ 11 15.011 ti n )9 41 t I M;g! sm:tomfl ACt'1 AM) lt1 IUT Y I ASIMPTIT AC HORS IT1)t8 lust X19.01231 I('R till IIi *WJTU1'1.l)T%II,�,au� SWK1tCXI 'Oa%) AM) I.O1 S A,Az. & I) OF Rrl•X!taw i i i 3000' .NY 101)41 I NORF.SS/EGR R_S.4 Af7CVIR AN) IMIA tY I ASIAWIT I Cal 10? - 80- HOW RECP! t 27835 ()EMMET) 3/7/19O8 RECotnrn 3/24/1908 COUNTY ROAD 100 a $ i i i #•P I I I _ 1 " (. 41141 LOT 8 x 4 .COS A1'itl•]t (CMOS) ) I f1•` 4I1Ar LO'F A 6.444 1001 ACRES (GRO8S) if I0 1 3-w4u4T 4 Feb `- IS W I t s !I l u r I n;m wrrl t ilt 1�. AAMISSANI)I�111 sty I VIII to WI I At'kt 3,11.1 It Doi MU-CX194v61 ItA4 l llr In NI I1I tom' l.t►;.c il.i.It I) Ur kliCX 19-0061 AWl) if, LOIS S A,i1,C, t UOP RliCX I9 -4X)30 Plitt THIS PIA T I. 1 i 'SW W non INOR126/111R SS ACCESS ANI) Uil1.JTY 14A,WIM1'NT SOUTH LINE OF THE EAST I!7 OF THE SoUT\l EST 114 OF SECT a- - RECX19-0060 & RECX1 9-0061 2nd layout Di 102 6O' ROW F€CP) 121835 4f[� AREO 3p1/1908 RECORDED 3,/24/190Q COUNTY ROAD 100 __.0b 71— S.10*N I12)ot 7'4 — SOUTH LINE OF THE WPST 1/2 OF lilt gntrnll:AC'1 iISnv err reu OM- sr- '0 • This lot configuration for RECXI9-0061 was modified by moving Lots A and B to the southeast corner of the lot. Oct. 16, 2019 RECX19-0060 & RECXI 9-006 1 3rd layout Lot U /t/'L/ 73 IMAGE 4 • Lo D Lot f5 kres Lot C Li Acre's 1 —eq. cat1473 IQO RNress Th Desartrnnt .f PIannng Srvcs st ff has reviewed this request and recommends that this reuest be Ie�ie. f r the foH:twin:,z . r -Las ns: 1. It is the pinion 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 Veld 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. I irk • . e .J• • • •. • a • 1 • ✓� t 0,4 a 4 S • ,• ' if -. i • • aY4 • ' gar. ' r. • Y: M • y N"- a. - r• ; •♦ ' !. A ir' . arti,, r} • Y.' - 4* .. .I ()•'r.Y� > . l..• • ,'`` r i •.-...1 4 Y • _ �. • • • • .. View looking west on CR 102 • ,' • a • • • ..A' w •s. •!'- -I - • ' WI iiiMl r ��s .. .. -aY'— w .4 • • • . a y �'jr^ ..• s)� 1 at.f• r�r. .low - .1 . t r �.: - - ' 1• • r:.+' �f: r �y ^• ••?*rat,'_:. '- . J`� f ,,a_. L_• . y • _. yI• la ., I.d' / , 4.-4 ,r• ily. g. 7.. 1 ) r . - it.. • �71f`•r••2.!:-..°� ;44' ...,0;-4.-24/•••--4-71.S7-- 1 * F•. J. ya�i '� •. • •� • l•� g' ? 1 •''1'. -.1"44{141;"14; } _] • r^' : s• ' +l• •..a �.4- • ;{., :14: •.•y�i ,.,:r..-..'Et'v i•1.A Si'•., !, -c• 41Pi:1.If....% �, � ' YIN `b� 1 , - V - I _.. `S'r. .p J.. C� L • • "r.rte•'. • , ti �µ air .,� 1... .� •1 }1„It:44.} • - • i .1 / 0I: Y� `• .-.t i,q} Y r•' ♦ / ^� • lW. I_:�. l'•e 1* -r• - t r,. •- .T, i • { 460" -"fry . '• 1♦'; yS•••y r ` • ��Ir` l'l./a •'i �S •• • L. '1 ..� • .'� Lin. `( ' . "y r , Itin s�' � `• ',f a w Is . t � to ' ,,� •+O n• ! „R . "fr. 4 . ♦ mow• r - • a. •7 } : •fit • • '!�p•ia• { •er • 4'y) II �,a of. .� ▪ Q `.: .r. \y,ITf IT ir s. 1i�: • f...:�17 tf •' • ••-797A0. -�•• 1i, • -Yilityr t • •1' I'• . • .• • .• 4..� jl..'G. •.....' 4.,..' \ . • .i -t .. •.•:.• • II . .. '> ; - ° • .. . Z ., _. t o�• v N• F' r • t• •, P j <• • .•. ✓ °t• ••i•• a• Z'}S'.. ▪ a'•- j._i•J • • 1'�s 5 a• .' .....•• ',' .4.Ps • . . •.• • h r• • a • 1 N. • ^ ..r • = • • ` •/ • i • i • • • •,• • , K .• • •', • • • • • j • • • • • • J i, 4• a • 1 View looking east on CR 102 t •• • •3/4. View looking south from CR 102 11, AIL a e s:,• lake "In" •"It View looking east on CR 100 from the intersection of CR 100 and CR 17 • • • 1'' • 7 .f).. . •.1.-;071..;,r. u t _ rs #.4 1 . • ' i r• i'r- . •': v. ;/5 .p• :t_ ir ' j.', t5 1, 1 ' • /1 .• e r ) i' • • • i 1 , jr' 1 . 11\. ,, : 1 tt, ' :i 4+1. View looking west on CR 100 from the intersection of CR 100 and CR 17 �, •r a •.414hr'. i.\ 4�i' l f :� �' ;l 1✓ t1/47Y.- • 1 /TIN.1 ( +yi d• p J • AtJ • 'S '1ry e Ir♦ , . J/sir• ' • 1 ( • r.,: 'ice 4: rrXI47 ,-.4.t, (.1.i, • t fT- • -I ••"- 1114. ` 407 tr. tie's. , 4 .S 1,-. • IP. • "0"lirr" f ---;W•;s• alteiailnOilitratt4e4totvt."14,;),;-• w!;Adc:v Dv: I•e• ;.-- v • . ..$,;. View looking east on CR 100 from The Shire access point ii, S • ✓ s', 4 4 1 V. • • 1 t~ f . • r•• } • • r i .. , • a . . .' ( ' � r rti' ' • r a �f ,! IL • 1.11°7404 d w J 41. ls • IP \ S ! R r r ..t1*. /� t r jilts gets"' • jf • • •, i• r •' I , r . • • • • _ • 1 II • 1' ` • . T a • 1 'I t �4 .• t•` , ? r • 1•— ' . • . ( + �'. • ••, . • Ji ' 4 • • i ' I i ( ` I. • • . 1, V' y I, I.\ irr. ei • j s • " r f 401 i ♦ ( r • r •+pir, il • i v il - •I •I .+ c fr t 1 • 1."‘i -A‘1,14-4 , •vti ill ;_ ` I. _�.e.r . l . ,y, • y• �l y r' i ST 2.• Z,r k • Culvert being installed for the private road. I' • r 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 1 RECX19-0060 Planner: Diana Aungst Legal Description: W2 E2 of Section 28, T9N, R67W of the 6t" P. M., Weld County, y CO Parcel ID #: 0453-28-0-00-003 Lot A Size: +l- 4 acres Lot B Size: +I- 4 acres Lot C Size: 1 +1- 5 acres Lot I D Size: +/- 149.95 acres Water Source: Lot Lot Lot Lot A: Proposed Well B: Proposed Well C: Proposed Well D: Proposed Well Sewer S stem: y Lot Lot Lot Lot A: Proposed Septic B: Proposed Septic C: Proposed Septic D: Proposed Septic Criteria Checklist Yes No X 9 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X a Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Compiles 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 Al 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. RECX 19-0060 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. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-2 RECX19-0060 B. A 30 foot wide joint access and utility easement extending across Lots Al B, C, and D of REC19-0060 and Lots A, 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 A, 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 RECX 19-0060 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. 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 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 Al 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 the 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. RECX 1 g-0060 Page 3 of 5 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 NTY'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 (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven RECX 19-0050 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 $50.00 recording continuance charge shall be added for each additional 3 -month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 8. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: ir,;1) \Op( itana Aungst Th9-1"-Ct J Date: June 20, 2019 RECX 19-0060 Page 5 of 5 County RWu: I) AM proposed ar misting elftet.res all of do meet It.e minimum setback and nquinments tee the sane dlatgt In •Ant. the properly le toasted. Pursuant to me satiation SI eetbetk :n Ma Wed C .nty Cede, Me required n%eeb M to nand from Me .la$ng or future r,ght-•1-coy lino, whichever is (reeler. • Na building et ebucture et defined and limited la Ines occupenclee lured ae Creed* A, 9. r, f, n, •. N Ond R Id Sse/ten 302.1 01 the 201$ Internallonot Balding Cade, shall be .entrusted within d 200 feet radius al any lamb battery er within a 150 -lest radius el cy weaned et whin a 23 -fool radus al any plugged al aboa411N sit and en well. Any construction aim, a 200 -feel rotas et shy lank battery •r ISO -t..4 •wild el eny walbeall shoe require • .orlon. trem IN Ivme et Chapter 23 In accordance eeh Subtetnan 23-$-10.C el lids Cad, 2) Any future abuctures or urn on elle must obtain the odarteriole coning and bWWing permits. 3) Lay A. 0, end C ere net eligible for a forum and evemplbn in accordance with Section 24-$-10.C.3 et the Weed Count' Cad.. 4) The lorgest let of any retarded exemption may not oe lees than thirty -reds (33) acres net unless approved by the Wald County Board of Cammisaonen In accordance win Section )4-B-iD.P at Me Weid County Cade 5) the properly soma Or operator shad be nfpons,ble far vaunting ros,eut weeds on Ise site. aerauam to Cheater IS. Arden I and al, of the Weld County Coos. A) Weld County will nil replace overtopping easements loco,° within sassing right-otway or pay le relocate e xtent" unerns within the stIlling County right-ol-way, 7) Ab seems and unity eaeelnente are dedlealea to. kw beneltl el eft Owner. of 'ls departed en ads plot, tmluding senors e1 firkin tole created tlNetnm, regardless at lel configuration for number al users, and w ithout limitation el the use or intensity at the ace of sink .aam.nts. N. al owner they Mahal • gale or otherwise ninth; ate use el such easement. without the ep►r.gl el oil pan rights of use or win sesament5 a) Access an Ma sits shell be mathlained re malgole any impacts to Ihe punk reed noluaing demeges as./or of fato hocking 9) Prior to the release of building permits, the applicant Gnat be reauired to submit a complete access opWkemn for a prelbNnarily approved access location oa sheen en tits plat to) Any care that may Occupy era or encroach upon any County rights -of -.q o' easement shall occlude an approved Right -of -Way Use Permit prior le commencement. 11) The historical Ibis patterns and runoff amounts .:e be mointoined on the slop t2) Poronhal purenasers shemd be create that so A, a, and C may not be abglble tar a damson wen paint w hich noes ter outside irrigation and/or the watering al sleek animas The Slots Division al Weir demurest issues and well permits 13) Pelereal purchasers should be smarm Ines groundwater may not lima oil Seeking water Obnderee Os Wined by In. Colorado Deportment of Putrid health and Lmhenment. The Weld County Department al Pubic Health and Environment strongly encourages see are te test Mar arcking water prior Is consumption and pert°ka:ly thereollsr. i5) ►alantief purchasers Meuse be aeon Mei approval al 'Ma Recorded f.emplien does net guarantee Coat wen permits will be beued ter the let. Any let may be rimmed nets-botldgale if the let eerier le unable re Obldn a well permit the Stale Division .I Water a•nunaes Issues all wet permit, IS) Prior te the rapine of bolding permits, the oppilcenl snot! submit evident. Is two Department of Planning Sonde.. that UN hone en adequate water supply of eullisient quality. quantity end dependability is) Wldt.a permits snail be obtained prier le the construction of any buian9 Iuoaings Mot WWl In. aatintNn of an Ag tumor Boding per the requirements or Section 20-1-20 and Section 1g-3-20.$.13 0l IM Weld County Code de net need building permits, however. a Cortina* et Compliance must ow filed with live Planning Deportment and on Slecbteal one/or piumbing perms Is required tar any electrical service to the building Or cater for wefping or weaning of mottoes or poultry 17) Buhding Permits Issued on the propesea tots will be required to cameo te IM In structure et Me County -Wide Rood Impact fee Program. la) Building Permits issued an the proposed tots sal be required to cation to Ins lee structure or the County fealllty fee and Drainage impact fee Program.. it) Prier le the reams of building permits, M. applicant stall submit o re deed deserterng the Lot japan which the balding permit • requested with the building permit applications The legal oescnpnen on filth peen shall include the Lot designation and Retarded (semplton number 20) edit to L•IRACI MINERAL RLSOURCIS SlATlettNT: Weld County rem some at the most obundan' minaroi resource., including, put sot limited to. sand am growl. all, nots,rot gas, and goer Under title 34 et the Colorado ler,bed Vaults minims are tool resonant because (e) the Slate• temmerigl mineral depean are essential le the Stales econemy, (b) the peewlew •ounllee et the Slate lace a critical shortage al .can depoells; and (c) such deposits should be maroons' aac•rding to a rational plan. takuleled to ovoid waste et such deposits and cause the least practicable *eruption et the etwlayy and duality of tile el the dtisene el the Populous ceuntles el the along Wrier* rsseuree Ncettess on widespread Mrwugheut the County end porton moving into those areas mutt "Mcegm•r, the •craw impacts wwoc•e,ed sill. MSS de.lepm.nt Often tree., mineral rssa.dte Wit ore live* to Mar B.egrphicai and geeMyelcel btatlam Mermnr, thna ree.unee are protected property rights and mineral acnare should be atlaraed the opportunity le attract me mineral resource 2'') WELD COUNTY'S 1110117 TO (ARM STATEMLhT_ Weld County Is one of the most poduclns ogn@wlturot countless n the United Slates. typicaly ranking :n the lop len counties M the country In blot mortal value of egr'c.lturai products seer The rural areas of Weld Count may be open and s►oceus, but they ore inlenenety used for agriculture. Persons miming into o rural arm must recognise end accept there are drawbacks. Including contacts with long-etanding ogricullurai practices and a lower krWl el sondes than in town. AI°g with the drawbacks come the incentives which attract urban dweiien to relocate to rural arms: open views. apadeuenees, wld9fe, lock at city nose arid congestion, and the rural atmosphere and soy el Ills Without neighboring forms, Inese lealures which attract urban dwellers le noel Weld County would qucbty be pone 'attest. Agricultural wen al the land should not be espeeled le twinge Mar Ieng-estebashse agricultural practices to eccemmedots the intrusions et wean users pen a rural area Wert-rur own ultaal ac brines will generate oft -site impacts, Including noise horn tractor, and equipment, slow-- moving lam vehicles on rural reads. dual Hem animal pant. field cork, harvest and grave roods, odor from seanal centlhement, Wage and mama; amok. tram ditch burning; tiles and motor less. hunting and trapping actbase, sheeting sports. legel hosing el nuisance dente; and Ine use of pestcidee and teri,latn w the fields. acludng the use el oar•al spraying ❑ is common practice rat agnwuurol produce'. le .l'Nte an occummotien at agrieudunl machinery and supplies 1• osslst in thee ogncutural operonpm A concentration el minW ykNtural materials oven procures a visual disparity between rural end urban areas of the County. Sorlon 35-3.5-102. C.R.S.. provides that on ap1rsculturpi Operation shall not be fauna to be o public or whittle nuisance if Ins egrkulfural operation alleged le be a nuisance smpleyc nnlhods or practices that pre commonly o, reasonably associated situ ograuitu•a producnen Water has been, ono continues to be. Me Malin for the agr'yultural community 1 Is univalent to assume Mal ditches and reservoirs may strop, be moved -out •f the woi el residential development When moving to the Cewty. properly Owners and residents must /molls they tanned take wnnr 'rem Irrigation dilahes, lakes, ar ether structures, unless they have en adjudicated rght to the water wed County cuter. • land area of pprocimolely low the (4,000) scuoe miles ,n tote (Iccee o tate •f the Stale of Delaware) with more than three thousand seven nindted (3,700) man of Slots and County •code *etas of muncipal✓tit The sneer mogniiude of the area to be served stretches mailable resources se enforcement is based or responses ha complaints more than on patrols of tne County, and Ina distances which must be trawled may delay a• emergency responses, including toe enforcement, ambulance, and Hrs. Eire protection Is usually pfev{ded by .alwnlears who ,null lets. their abs)and tamilles Io respond to emergencies. County grovel roads, no matter he. Often they ono bloom. will net practide 'i.e some kind of surface evpected tram a paved road. Shaw removal prioritise mean that reads from subd'vnrono te arterials may ml be cleared for several days after a major snowstorm Services m rural area.. in many cases, let not be •gai.atenf le municipal services. Rural d.alten must, by necnnhlty, be more self-sufficient than urban dweller. People are imposed to anemia haiads In the County than in an urban or Suburban setting farm eq.r pment and oil New equipment, ponds and irrigation ditches, electrical power for pumps pat center pivot eperoliens, hien peed traffic, tend burs, puncture races. territorial farm days and livestock, end open burning nano tool threats Contrell,ng cnildren s *divines is important, net only ter their safety• but also fsr the protector el ale termer'. livNhood RECORDED EXEMPTION NO. 0453-28-2 RECX19-0060 THE WEST HALF OF THE EAST 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) VICINITY MAP IN • 2000' r LOT AREAS (GROSS) t U tadin AL lacer at fi •A. 1:]550.. • PROPERTY DESCRIPTION: The Waal Hal (W. 1/2) el the East Halt (C. 1/2) of Smiles 2$. Toenail. I North, Range $7 West el the Sac Principal Meridian. County at Weld. State al Ceierode SURYEY0R_NOTES: I) All relerences to books, pages, maps and reception numbers ore public documents on lite at It.. Clerk end aecerder. 0th.. el Weld County. Slate al Celereye amass slated etherrlee 2) NOTICE' According te Catered* toe. you must camnenee cry legal action based upon any defect In the survey within three Non after you first discovered aush defect. In no seen may any action based upon any detect in this survey be commenced more than len years from the dame at the cerllhcollon shown hereon (11 -10 -IDS Cg 5) Ands latter A Oute, LLC ad/er Seen L Ducemmun .A net be liable for more theft the coat of Ohio survey and then only to the Client specincally shown hereon er In our the by signed authorisation. Accepte^ce and/or use al MN Instrument ter any purpose eaeylitutee agreement by the client re dl terms errs ninon. 3) $Ain Of BEARINGS: the Bearing al North 90'00'00- Lost between the Northwest corner el Settles. 20 (menurnsnted with a 2 1/2' aluminum cap. LS. 12374 or a 96 mbar) and the Northeast corner of Sectton 20 (manumented with o 2 1/2' aluminum cop. U.S. 12374 an a p react) is assumed 4) A11 known .osoments and/•r ngnts-el-wq• have been shown an this pal. The easement, and or rights-ot-way which ore sheen hereon may not be complete, are based On general Information, and are to be used only in Mrs contest. EASEMENT t R-O.W NOTES• THE ltCOlO(D EASEMENTS AND RIGHTS Of WAY INEORMA110N $n OWN NERCO,. An AS MEOW THE WELD COUNTY lOADV1EWEn REMITS AND TITLE COMMITMENT PREPARED SY STEWART tITLE COMPANY Of NORTMERM COLORADO DATED 30 MAY, 2010: fiLE Its. 5$5182. MO 01NER CASEMENT *MARCH WAS PROVIDED AND NO EASEMENT RESEARCH WAS PMfORMED ST IME IN TN( COURSE Of THIS SURVEY. NOTE SOME UTILITIES MAY NOT SC PLACED WITHIN INC SHOWN RECORO(O EASEMENTS. UTILITY LOCATES ARE IECOMM(NDCO TO DERRMME tilt LOCATION Of tit uNO(RDMDUND UNITIES EASEMENT NOTES (ecru tO SCHEDULE I, 1AR1 II Of SAID TITLE COMMITMENT) 1) light el way to Nunn Telephone Company recorded September 23. q$0 m RecpN° Me. 1$36934. (Esmpll.n 913) Notation sly document dem net tealeln munition' Inlerlmol,an to determiae NNa1Wn, Menton Is net sheen 2) linemen, le Munn Telephone Canteen, recorded July 20, 1101 aa Recsellan No. 1$3$033. ((ecpMn 614) Notation Ito detument Nee net contain sufficient Intermeli.n re determine tetanal. Merefere is net sheen. 3) Casement to Tn-Stale Generation and transmission Assniotton In Rd. and Order reworded July 20. 1101 es Reception Na 1063175 (E on PIS) Notolion. the Pena described in the document does net tie within the boundary et the subject panel, rherelerc nos boon not shorn. 4) Casement ro Poudre Vella goal Electric Aesecletlen recorded August Is, 2003 as Reception Its. 3093122. ((sceptien g1a) Notation live document dews nol contain tullkiest infantal:on to determine tocaften, therefore is not shown eRQfRT OW�IERS• CER IEWE We, Paul 5. !eh end Crystal l Eat, Ming MN owner/s m tee el the abo.e-dee,rihed paeel(s) .I land de hero►, subalrlde Ms game in Shan en the ...inched mop I understand Mal this parcel(s) N '-bled alerts the 'A' (Agricultural) tens district and it woo untended le provide arose tar Ms conduct et other uses. and uses by eeeclel review Pout S. fah end Crystal L. Eel. State of Cooaado ) kg - County of Weld ) Add lecgr5to 'Crean tattle and end notary blacks The taregaing certificate was aebnewtedg.d asters me was at A.D, 2010 0'!• Petit S. Celt and Crystal L tat were presently before Etas My Commisslen (spires. _ Natory Publ.a, Witness my nand and Seal LASEMENT.CERllETCA?( We. Paul S. Eats and tryelol L (eh, being the trustee at sod Trust. sole owners/s la lee at lbe aim* •eserfbed permits) al kind do hereby subdivide the same as shown en tee ertached moo. 1 do hereby dedicate for In* benefit el the prapsnr shown or described Anon, easements for Me purposes shown or described. Nothing renlpined herein or tunes shall be construed as creating any rights to its general public or as dedicating for public use the Easement one say Paul S. Eat end Crystal L. Is,, State of Catereda ) )ss County of Weld ) The lsreg.ing eamliaale was oebn.wiodged Wet me his _ dot el . __ A.D. 201$ BY Paul S. LW' end C•yelbl I.. Celt were presently haters me 1d* Commlssi.n (spires. Nolen Pent Witness my hand and Seal. CERTIFICATE Of APPROVAL. w the Department of manning Sen.cm - Administrolive Revsnr this plot Is accepted and approred by the D•partmen• at Planning Services for tiling. Dingier Deportment al Panning Stale el Colorado) )ts County el Weld Services the forgoing sertincatien was °bnmNdged bolero me this der of 2011, My cenwSsslen stokes. Witness my hand and seal Notary Public CURVEY0R'S_ STATEWENT 1, Stall L Outrunners, a regi prolesUanel and surveyor .n the Stale Of Cearade de Firma, array that the murvey rep.enenied by Into pot •as mope under my personal supervision. pee leu, pus pot to an accurate npresehtalen thereat i lurth,r coolly that the survey and ION plot eemply with all *notifiable runs, regulations and tows of the Slate of Colorado. Stole gourd of Regletrollen for Professional &netnewrs and Prelesslenel land Surveyors. and Weld County Scott L. Dnemmun. L.S 3704, for and en banatl at Idles term. A Dun, tiC Jab Na. 2010-037 DATE 1 Iy a. 4 a I e a e X C S RECORDED EXEMPTION NO. 0453-28-2 RECX19-0060 THE WEST HALF OF THE EAST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 6/ WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 2 OF 2) EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 14 OF SECTION 21I Sur urn,' tot I Uvv. •• Show and lads( all existing and proposed access points and the usage types cA0ncufure. Resdemlal Canmerciautndustral or Oil and Gast Label the proposed access as 'Preliminarily Approved Access' Pe. Wed County Code 120. 3 2 es anted wows tot Lots A. B end C shell W un Cowny Rued 103, the Ion., LSseeed wad Revise *mess easement au oilifi ly JI RVL TADLE tl.Rv1 `w ::..1 :A RAIXLls Ll:WT1f CHOW t1 IM'>`11 Mal ISO XI C1J II II I lOIN CI 41•L47' os Mr >171 \.1 nil W%1:1 EAST LINE OF THE WEST 1/20F THE SOLITIIF.AST I/40F SECTION TX 1 vatl•Se'»' I UA! fie V its wit,' w An, If NORTH SOI'TTI (ENTER LINE 1W SEl11tPr Ts O• 511 ee /[IAR VON RAS. CAP S LJ70e = SCCr1pM COON iR AS 0[SCRIa(D .� = QUARTER CORR(' AS OCSCR18t0 - -- c SIITEENTH COW* AS OCSCR!(0 • P10PCar., 8017NOART — — — — • S(CtgN tails • *Ow — • (AS(<CNTS • • PAVED 1OA0 • OIIAVEL ROAD 11xvi • RCCO10C0 Dl<EfS10w >rM47 to I. :al II Per Weld Courtly Code 12A 3 2. "An access onto a collector is not permitted unless an allai native access to a lower classified road is not feasbte " Therebre. access for Lots A, B and C shall be on County Road 102 which is a lower classified "Local" road SIIHYUGK•S StATEMENI I. Soon L Outwornun, • relleterw ereleselsnel lend Burn or In the Stale el Coate** de noises coyly that IM surrey reree.Med A Vile pie! was made under •rely greened supervision. and Ingo mIR plot Is or accurate representation Mnenel. I lather certify that IN. .,mutt and Mk pet comply •l1k all applicable Iuln, regulations end lows of the Sale at Colorode. Stole bard of lleglslrolten for Pretespbnel (agleam end Professional Land Surreyon. ply Web Coanit. 'xotl L. Duceaunun. LS 37041 fe end en *mein el Anse Ieytro a Duke. LLC Job He 7011-037 Dar( • 1 I f _ 9 a a se z O • cn W ^ AC Lv O LIJ uO j U W - O 0 d N E — IS 3 O z U C V I u w n C a S a Y DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, EL EY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 May 1 ,2019 ESH CRYSTAL 46715 CR 19 NUNN, Co 80645 Subject: REG 19-0050 - FOUR LOT RECORDED EXEMPTION On parcel(s) of land described as: E2W2/W2E2 SECTION 28, T9N, R67W I' 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, S. Diana Aungst Planner RECORDED EXEMPTION (REC ] APPLICATION DEPARTMENT OF PLANNING SERVICES* 1555 N. 17TH AVENUE A GF EELEY, CO 80631 www.we l dgov, corn '' 970-400-6100* FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ t _ APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED PLANNER ASSIGNED Parcel Number t II 6 3 - - o _ - 0 a 3 1`iT LIZ 14'-canc (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's map found at www.weldgov.com) ` , Legal Description section 1-1C, Township I North, Range West T� NO tst Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES is the property located in a floodplain? YES In NO Unknown rs the property located in a geohazard area? YES Ft NO Unknown U FEE _OWNER $LQF THE PROPERTY: Name: eid 5.0 gCL Company: etch 4vlc-k t if Phone #: 1-0 r I -- 317 Li Email: Address : -Yeer-l- 1 g f9 City/State/Zip Code: FEE OWNER (cont) or APPLICANT: Name: 4 .. 1 Company: Ca Phone #: Address : r L--1 I/? l '-' c i' Y l ig AIM b\ (.D go 444 City/State/Zip Code: AUTHORIZED AGENT' Name: Company: Phone #, w / 170.4651- 201 Email: , &&ri. '` `' .'!,4C lenth\ , Address : l'/ Courticki FA lei City/State/Zip Code: c.a W4gr *Authorization Form rust accompany all applications signed by an Authorizetd Agent .1s/cik.i eciri 1P-14 i . r t tht Lot A smallest lot Lot B Lot C Lot 0 Proposed Use (i.e. Ag or Res) 1LtS c a Proposed Acreage H 9 Pito W73 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 owner us.t be included) with the application. If a corporation is the fee owner, notarized evidence must be included show t sign pry has the legal authority to sign for the corporation_ -70\fi attire: oi► ,+r' - r or Authorized Agent D Signature+ aui HSH\ Print: Owner or Authorized Agent orized Agent Date Print: 0 ner or Authorized Agent iit 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. a- I (alts I Paged 6 ACREA EA WAIVER FORM have been informed by the Weld County Planning Department that the Recorded Exemption process requires incllusian of [801122] acres. am aware that the inclusion of the entire acre parcel into this Recorded Exemption is not necessary at this time. I understand that by. including the entire acre parcel into this Recorded Exemption, rather than doing a Recorded Exemption on the [80/1221 acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. I have been informed that l am eligible to apply for a Subdivision Exemption in conjunction with this Recorded Exemption I waive my opportunity to obtain an additional lot utilizing, the Subdivision Exemption process. [Applicable if this is the first recorded exemption on the property and there is a second set of improvements on the parcell.. Read other section of code for Subdivision Exemption eligibility prior to 1992.] I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for [three/four] lots. I am aware that this Recorded Exemption is for [taro/three] lots and that by not including the [third/fourth] lot I waive my opportunity to create additional lots until such time that I may by eligible again to further divide my property by utilizing the Recorded Exemption process of the Weld County Code. Signatures of all fee owners of property must sign this application or if an Authorized Agent signs, a letter of authorization from aIi 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 corporations Signature] Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent Print Owner or Authorized Agent The foregoing instrument was subscribed and sworn to me this day of , 20 WITNESS my hand and official seal. Notary Page 15 miP go, RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability far all lots, A letter from ,a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the weill permit number andlor 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".) — a Lot A Water Source rro•cd Wok\ Lot B Water Source TroA t\\ Lot C Water Source Troco 9. tkA Lot 0 Water Source?it 4 $ieWeil( 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.") NI° (."(_ c s 3.% 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number.. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements." or '"A copy of the existing Septic Permit #1236789 is included with the application.") Lot A sewage disposal c RAOr\C_. Lot B sewage disposal OQ6 Lot C sewage disposal \ #1 eye , Lot D sewage disposal \3/402(5%,e6 cy1/4sA‘ Page 17 de 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.') --Vskect- Tin\ fuL @rt,s3 Describe the vehicular access to the hew and existing lots? (Example — °Each lot will have individual driveways off of County Road 72.71 or "All lots will share the existing access point off of County Road 5g'") I --OA. lc\ w.�\ 1raus &cu.SS rcacl, occ Covnt1/4-91�d 1oo l�Ar b,ct 01/4.661 v1/4,;NA S\\osQ 42xM-it'vc\g acCess c)6Inck- cam' Ceimir c coM tooA k� a 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") --Kr\pssL 1/4\40s.So--.11- 1/40\a \Aacse one rqmei3 acute-\ok 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example "The ABC ditch runs diagonally across the southeastern quarter of the property.") -flCALAr crki 102\st CneCSS CrQk Is there a business or Use by Spec ai Review permit on the property? Y (N UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "Li R12-1234 far my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County:') Page 18 Li, 2d too 0 0; Lo1 ACired5 Lof LI kits Lo f D it -1f L413 Ifif iesrfe5 1 OO Weld County Treasurer Statement of Taxes Due Account Number R0317686 7686 Iires:1 1)4532.8000O003 Legal Description 23951 E2W2/W2E2 28 9 67 (4R) Situs Address Account: 1(0317686 ESH PAUL S 46715 COUNTY ROAD 19 NUNN, CO 80648-9714 Year 2018 Charges Tax Billed 5948,28 Payments $948.28 I s• I I. ) r. .. .: u l• I l, Balance $0.00 Grand Total Due as or04/16/2019 Tax Billed at 2018 Rates for Tax Area 0915 - 0915 Authority WELD COUNTY SCHOOL DIST RP) NUNN FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2018 * Credit Levy Mill Levy 15.0380000* 27, 81 40000 4.0280000 6.3050000 3.25.200000 0:4140000 Amount $2 50.84 $463.93 $67.19 $10517 $54.24 $6.91 56.851 0000 $948.28 Values AG -DRY FARM LAND Total Actual $5 7,509 $0MQ Assessed $ 16,680 $57,509 $16,+x$0 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN1-IOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 Weld County Treasurer's Office 1400 N 171tti 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, all 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 Please Reply By: June 10, 2019 Project: FOUR LOT RECORDED EXEMPTION Case Number: RECX10-0060 Planner: Diana Aungst 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, 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 f 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 Please Reply By: June 10, 2019 Project: FOUR LOT RECORDED EXEMPTION Case Number: RECX10-0060 Planner: Diana Aungst 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, 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 attached letter. Signature Agency Date 3,d Odiet,e4, 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.vweldheaith.org Memorandum To: Diana Aungst, WC Planning From: Ben Frissell, Environmental Health Services Date: May 30, 2019 Re: RECXI9-0060 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 148.94 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 Tole: 9/0 304 6410 Fax: 970-301-6112 Public Health Clinical Services l olc: 970 304 6420 Fax: 910-30464 16 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-641 1 Communication, Education & Planning Tole: 970-304-6470 Fax: 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: R ECX 19-0060 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 RECX19-0060 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 RECX 19-0061 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 Type of Land Use Access Width Access Radii 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.camldepartments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The 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) Su-Omitby EmO 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: REC19-0000 Please Reply By: June 10, 2019 Planner: Diana 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: 045323000003-80317686 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. D We have reviewed the request and find that it does I does not comply with our Comprehensive Plan because: We have reviewed the , xuest and find no conflicts with our interests. See attached later. Signature Agency \1 r ( F WEST GREELEY. CONSERVATION DISTRIW Date 6/1/4/0g Weld County Planning Dept. 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map Symbol Soil Name Soil Texture Shallow Excavations Dwellings without Dwellings basements with Small Commercial Septic Absorption Tank Prime Land Farm (if Addltlonal Comments 4 Ascalon I Fine Sandy Loam , Severe Slight Slight Slight Yes 20 Cascajo Gravelly Sandy y Loam Severe Severe Severe No 54 Platner Loam Slight Slight Slight Slight Severe Yes 0 I - The West Greeley contact our vvEsTe Conservation District recommends that the applicant does an on site soils office at (970) 356-8097. If you or the applicant have any questions please feel GREELEy test prior free to call to any construction. For a more complete our office. soils description consult the �, r / Weld County Soil Survey -�: f a • or CON sERvATI 1.4 .. .� 4 r 7. ii .f, kw . fitsbtsa ., DIS RICT -- , Ms- lit O 4 .- .... t ,� • �L� ;4v; 4 a." *.:44#1. 71 • 4.--4 Produced by the West Greeley Conservation District 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 Please Reply By: June 10, 2019 Project: FOUR LOT RECORDED EXEMPTION Case Number: RECX19-0060 Planner: Diana Aungst Location: SOUTH OF AND ADJACENT TO CR 102 AND APPROXIMATELY 0.25 MILES EAST OF CR 17 Parcel Number: 045828000008-80317680 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. E 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 14, 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 14, 2019 Paul . Crystal Esh 46715 WCR 19 Nunn, 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 thecreation 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 $1,099. Therefore, your obligation to Weld Re -9 is 3,297 for the lots planned in recorded exemption ##recx 19-0060. Payment can be mailed or delivered to: Weld Re -9 School District 21O W. First Street P.O. Box 1390 Ault, Colorado 80610 Please include your recorded exemption number with your payment. A receipt will be provided to the party requesting the exemption. If you have further questions, please don't hesitate to contact our administration office. n Education Robert D. Ring Jr. Superintendent COLORADO Division of Water Resources Department of Natural. Resources May 20, 2019 Diana Aungst Weld County Department of Planning Services Transmission via email: daungstAwel dgov. com Re: Four Lot Recorded Exemption for Paul & Crystal Esh Case No. REC19-0060 E 1/2 W 1/2 Section 28, T9N, R67W, 6th P.M. 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 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks to split approximately 160 acres into four lots via a recorded exemption process. Lots A, B, and C will each be approximately 4 acres in size and are proposed to be used for residential purposes. Lot D will be approximately 148.9 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 148.9 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, will be determined at the time well permit applications are submitted to this office. Should you or the applicant have any questions regarding this matter, please contact me at this office. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.govlwater Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer! Director Esh Recorded Exemption Case No. RECX19-0000 May 20, 2019 Page 2 of 2 Sincerely, Sarah Brucker, P.E. Wat e r Resources Engineer Cc: Applicants (Paul & Crystal Esh, eshranchhayagmail.com) Referral file no. 26487 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 Please Reply By: June 10, 2019 Project: FOUR LOT RECORDED EXEMPTION Case Number: R E CX19- 006 0 Planner: Diana Aungst 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, 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 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 H Heritage Title Company Commonwealth Heritae Title Company, Inc. 7251 West 20th Street, Building L, Suite 100, Greeley, CO 80634 OM 3341-4522 Bill To: For Sale By Owner Crystal Esh 46715CR19 Nunn, CO 80648 Property vacant land, Weld County, CO Address: Code Invoice No.: 00217334 Master f nnvoice No: 328528 Date: 416120/9 Our No: H05G0630459-S20 GRO Customer No,: Reference Na. Seller: Buyer: Esh, Paul S. Marketing Rep: (32] House Account Customer Id No.: 1076424 Comments: Invoice Generated by: Lynn Vance. Description 3 51 S Chain of Title Guarantee $165.00 Amount $165,00 Total Invoice Amount S165,00 PLEASE SEND YOUR PAYMENT TO THE ABOVE ADDRESS Hirc Heritage Title Company Maim Tr1111.101 clans Amaral • nth TITLE DEPARTMENT — DELIVERY TRANSMITTAL, 7251 West 20th 0Street, Building L, Suite 100 Greeley. CO 80634 (970) 330-4522 Fax: (866) 828-0844 DATE: AprpI 6, 2019 FILE NUMBER: H0560630 GUARANTEE NUMBER: COeF1=AH-IMP-810006-1-19-X10560630 PROPERTY ADDRESS: vacant land., Weld County, CO TO: Crystal Esh 467[5CR19 NUM', CO 80648 if checked, supporting documentation enclosed ATTN: PHONE: MOBILE: FAX: E-MAIL: L: Crystal Esh (970) 481-4201 (000) 000-0000 (000) 000-0000 esh ranchhay gmai i..com DELIVERY: Email NO, OF COPIES: I END OF TRANSMITTAL SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TEE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO FFAH..IMP-BICOC6-I-i9-H0560630 ro Commonwealth Land Title Insurance Company a Florida corporation, herein called the Company. GUARANTEES TEES 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 Company Countersigned: • By: Authorized Officer or Agent et y rp'Sill II 1'tat� a EtY kinds,. Qua ill twill I Peon tihctaa Gra:tl14 Secrttarvi 81 COG6 Chain ain of Title Guarantee CLTA Guarantee Form Na. 6 (Revised 6/6192) Order No,; H056063►0-820-GR.O Guarantee No.: CO-FFA FI-111x'1 P-81 CGG6-1-19-110560630 CHEDULE A CHAIN OF TITLE GUARANTEE Order No.: F1O560 631 -820-C RO Liability: S16.00 l _ Name of Assured: Paul S. Esh and Crystal L. Esh 2 Effective Date of Guarantee. April 2, 2019 at 6:00 PM The assurances referred to on the face page are: Guarantee No.: CO-FFAH-IMP 1COG6-1-19410560630 Fee: $165.00 That, according. to those public recordswhich, 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 Representatives Deed recorded September 20, 2016 at Reception No, 4237931 in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following deeds appear in such records subsequent to 1i u ly 5, 1968: Reception Noe 1511585 Reception No, 1926119 Reception No. 2061050 Reception No, 209060.8 Reception No. 23.6394 Reception No. 3701434 Reception No. 3.928180 Reception No. 423791 This Guarantee does not cover: Book 590 Book 995 Book 1120 Book 1148 Book 1415 Taxes, assessments,. and matters related thereto. 2. Instruments, proceedings., or other matters which do not specifically describe said land. SICOG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order Not; 0 60630-820-GRO Guarantee No.: CO-FFAH-IMF-81 COG6-I-19-110560630 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: Tunnship 9 North, Range 67 West of the 6th P.M. Section 28: EI/2W112, 1/2E1f2 County of Weld, State of Colorado 81C006 Chain of Title Guarantee CLIA Guarantee Form No: 6 (Revised 6/6/92) Order Nov: H656063O 820-GRG Guarantee No.: Go-FFAH-IMP-S 1 COC6-1-19440560630 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 the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). 8 GOC6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No. l-1056063Q-820-GRO Guarantee No, C O-HAI l -IMP -8 I COGS- i -19- t 10560630 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I.. Except to the extent that specific assurances are provided in. Schedule A ofthis. Guarantee, the Company 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) (1) 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 not the matters excluded under (1) or (2) are shown by the records ofth:e taxing authority or by the public records. (c) (I) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims. or title to water, whether or not the matters excluded under ( I), (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 assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances,. adverse claims or other matters affecting the title to any property beyond the 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 vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements. are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by th.e public records:. ( I) which are created, 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 neat judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. 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) "hand"! the land described Or referred to in Schedule A, and improvements affixed thereto which by law constitute real property-. The term `stand" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys., lanes, ways or waterways. (c) 'mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "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 for 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 came to an Assured hereunder of any claim of title pr interest which is adverse to the title to the estate or interest, as stated herein, and which might cause 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 require& provided, however, that failure to notify the Company shall in no case pre jedice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a. party, notwithstanding the nature of any allegation in such action or proceeding. 4, COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY' OF ASSURED CLAIMANT TO COOPERATE, Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute 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 loss or damage to the Assured, The Company may take any appropriate action under the terms of this Guarantees 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 shall do so diligently (b) lithe Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its 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 81 C0G b Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company :shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company, may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from an adverse judgment or order. (d) In all cases 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 reasonable aid in any action or proceeding,. securing evidence, obtaining witnesses, 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 furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5, 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 fhrnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the matters covered by this Guarantee which constitute The basis of loss or damage and shall stale., to the extent possible, the basis of calculating the amount of the loss or damage. l f the Company is prejudice by 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 tenulna.te. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and pl.acess as may 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 pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books. 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 riot be disclosed to others unless, in the reasonable judgment of the Company, it is necessary iii the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law 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 6/6/92) l 'reele r N o.: H056963t0-8211-G RU 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: Tr lt\ I I NATION OF LIABILITY. In ease of a claim under this Guarantee, the Company shall have the following additional options: (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.narne 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 for the benefit of a holder of a mortgage or a lienh.older, the Company shall have the option to purchase the 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 Company 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 tertiiinate, including any obligation to continue the defense or pros:eculion 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 Seattle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parries for or in the name of an Assured claimant any claim assured against under this Guarantee, together with. 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 (b) 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. 7. DETERMINATION AND EXTENT 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 forth 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 liability stated in Schedule A or in Part (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 and Stipulations or as reduced under Section 9 or these -Conditions and Stipulations, at 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 stated herein and the value of the estate or interest subject to an defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF Li.A stunt. (a) If the Company establishes the title, or removes the alleged defect, lien or 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 perfiat-ined its obligations with respect to that matter and shall not be liable for any less or damage caused thereby.. (b) in the event of any litigation by, the Company or with the Company's consent, the Company 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. 8 l COG6 Guarantee No.: CO -F (c) 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 without the prior written consent of the Company. 9, REDUCTION OF LIABILITY OR TERMINATION OF LLA►B1L.ITYi All payments under this Guarantee, except payments made for costsA attorneys' fees and expenses pursuant to Paragraph I shall reduce the amount ofliability pro tanks. 10, PAYMENT O F 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 winch case proof of loss or destruction shall be furnished to the satisfaction. of the Company. (b) When liability and the extent of loss or damage has been definitely fixed to accordance with these Conditions and Stipulations. the loss or damage shall be payable within thirty (30) days thereafter. IL SUBROGATION UPON PAYMENT OR SETTLEM ENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in. the Company unaffeeted by any act of the Assure claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person. or property in respect to the claim had this Guarantee not been issued. if requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary inorder to perfect this right of subrogation. The Assured shall permit the: -Company to sue. compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation 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 be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection, 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 may include, but are not limited to, any controversy or claim. between the Company anti 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 $l,Oi,OOO or less shall he arbitrated at the option of either the Company or the Assured. All arbitrable ntatteers when the amount of liability is in excess of $1,000,000 shall be arbitrable only when agreed to by both the Company and the Assured., The Rules in effect: at Date of Guarantee shall be binding 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. The law of the situs of the land shall apply to an arbitration under the Title insurance Arbitration Rules. A copy of the Rules may he obtained from the Coin pa:ny upon request, 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) 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. In interpreting any provision of this Guarantee, this Guarantee shall be construed 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 the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES,, WHERE SENT. All notices required to be given the Company and. any statement in writing. required to he furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: COMMONWEALTH LAND TITLE INSURANCE COMPANY Claims Department Pan Office Boa 45023 Jacksonville. FL 3.2232-5023 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised. 6/6/92) • •• 4. • •••� R Ilk 1 f. i a. .• • • ■ t I. •s. • 14 1 4 T. .• • 1 s • • . ■• • • 2 4 . a. 1 I • ' •. • • Is • • .•1t: • r • we • .•... a • • • • • • e •••'e • ..• • .. • 1• • .y• c • I - 1 t • • ` • II H E _ • :. rip W1 • • •, • . .1 • • _ • - • • a 1 tr. • • t .4 ,44-41/46-40 at —di Iltee tie Ne___•__ J j�r _ _ ___�!•r T 1 ORS Mat. fan n -Y TRUE PRESENTS; That r• a • 7i r, • 4 • ii4 S• 1 4 •I'ie j '� •Y , I ca iht .,r } _ . tail Stlttia ad C 13 it itaddiritioa 1il "la bled ia■Yit babY WU ttr,d cotz to altatsrl 5, 'UMW ftnd WM sonair esestat sale.iceIMP Casty or • ens. 1 - idl Sai atCamart 1 • 6 .�•atiompoller vat encr:lsis •a• •• - 1 • ill, • • -• . } • a . 1 • tr • • r 1 - 9 5 c * •••,-3 Wig_ ,•�_ a. • • -,Y• y <. -•• 11. •• . v. 1 a • 4 Lk kik* rat prolixity, sit uarrt in thlt Cotmry S web, tAdsa,Leaespaids,t rf _ w rye •11 Th. Sant Salt el the Southwest t Quarto 01 Ail 511 1/4 and lest flit of Ws Ss thNIt Wens es 1,12 is Lid), Sou= en tioti ?vantyasight 12_) 4 tbwnuhip Pins Ei) sortki, sans Sixty -man (67; Writ at fl• Gth Vat.., and the lent Mit Of the V orthdaist Quarts' CS Ian la) and want eki f of the Mor tbs&a t ,Qnr t tar { W 112 NZ lie trie Stout icy 2bwant r-stight (2i), Township Mina (9) Sates, Santa Sixty -river (671 Wiest of th. 6th POI., in. Wald Cofti atyi COiOradop with all its ap ,urtcnance.l, .ared tant the Ode to the wre,, ifl5ec to Signed and deflwe e:1 tai., Massa iif-'- . I'm air presence a "ssasstur•••1"Tsn IS Mb a ins as•••••••• a••1.l..i •Y•. - r-- •M•!••�q�.-an-- YaY-" ". ` •. •••••••I=be.--. •••-••see. STATE OF COLORADO} O COUNTY E WELD, ss- day of I nutty cart $noba#s Thai rti i•iirtantnt. seta utraakke1 Mere ase ibis -day ig I9 i -1116.titbB CFIAR HI G4'ITT ,'. and n: eipires I. t8f CO sit 1 y Isftt/r31 t}rr..yp asif1dai seal. 'leacee ,/r J' 4 4't prt,4tka, iurri4 (S M ...PEAL) Motaar 4•taa-4{, fatacrt none or la rrsat; FILECS# it Cilia e7 d'Ikialcapacity el tt1Minnal'It.t• Mtn fns -cart. raise car p•r•son w mat intocuit7• ra-tart w ear inlcaeity ar daicrtiO st LA by alflttt a atirponififfir Own Iona monad t wth cilia t c1 4lfff{ et Ill nil t+trutltit: p � 9.0•4r ±a1{'ytiras ■ oth, canon tit.l, etas• F.aa It • • STATUTORY ACaltUOW LPSG un MT. Shia • — - at15-Vel IIMILMI TY DEED - - Statutory Fenn - S•IiS. r L. Y • • 1, M 9 t 1, If 1 r • • t ■1 1! .-. , .. ,fir., =Y� h•slJw'� I�Z � _mot r • - Y r1 .1• • '"I • • n - • • 1 OW r J °Y 1 ♦ i a . •. - • ♦ ••• e • , •1 : • } ■I •.. `'• • •• .• 1 • y •• ¶ I aas e' t 1 • + • • . w • a 7a - • IIr. - • 1 • • r • 0 at S r S • • • J^ B 0995 F EC 019261 19 05/06/B2 py 16:22 $3,00 1/00i F 1928 MARY ANN FE ERfTEI N CLERK & RECORDER WELD CO, CD . ' �.,pe 1 i.14 . !CERTIFICATE t :238 itter. ;STATE OF COLORADO r1 OF DEATH- V''.�e�5rIf117� OR X38 o a u r . J. , - ;!. i '' ._ 'fi r $F r • Ir r 1 • J% rilalit4 �� P'' • .� . , . glegjegoamma . r=;- noon 111461.1 LATT M - BHC AN RI ',Penale OAT OF OCAT vt i 2. arc=17`=r','1' ® MOEmum. I in- O*iO1Pt0A Maw AM - Last ImJ IU i 04441 KATE CF UIWIs . 9010,71( w DIEA • ' Aieraw Imai.m ivied tilt'. Sao. NATA A V itf ed NOON, ',Val !�� ief< White. ��'�� e r•�.e1E1. ; 1.�. 76 �.' DAYS sof. h�, !NW. 1`�.1 �11 � ,., y y it d ''�"`. 1�:`. �, LA. , -.� IOU, Tc . CA IOW iCeiOFMEAM _1905 Kai TAL DM 01 Pi t its ITiTNIGH - Plan. iqiriLit likblic IMP pule leithis feel ;; • �� • .. "'`•_. . f L • Count_ Genera �''��.� �, �;' • 1 i` . .� A. #TiMTE� i !l}� �� u ICiTIZ>EMI�I6vMxrrT��AT'' Y.U1� Q �� HMI itAItG• SUM ,.I PIING WODU r - ,, ii. . ' 11 a TL$_I� ar t �. f�7� _ S A. ,- 17iOCATI �, l3IV NCH; dint:0 7aMarried lit ets, Me+sifts st.H+�3I'�01d E Buchanan +�isMtl WAS 0t 4.r D AMU) ! OK iv meo A . » 17 No' ..,.,,,..p., !tomITYl IR !USUAL OtaniKIN fC a Isad Vaigliawa..j.* sur at hl+,i KIND OI Kit AiPIS CP IMO UST AY rt. 21,-.12 050 MA Avow A m u. School teacher irk hit lib. Education MIROElia'#4TAITE it a lora 4 . COUNTY lila Wel art TOti l 04 tdAt a. u, P _ roe 80650 ZIP i PAM AND NUUEE* - - Ist1.2.11-Wecokd 90 II () CITY 4 'Ililliffe es Ms is. No rata Wahl i •. van YItDMA . _ VIM ' ! LOCK IDLE Iii. MOTHER- WIMP I�IP LI nIWIir>i1 MARY AAIO 11 UNFORMAM'1i'-i it` Harold 1 E.. Buchanan ilistls'+urDame, Husband MAitiW1j AIlOPlISS IiaLIT OAS.t.©.tot ofri Clit Ma Val 1.�. .0. Ira Box 107 FierceCo. 80650 AL _ _ I (M Mitt WW M. Burial DATE IS.aa.Owr.Yaal i r.2O 1982 CIE NOW IDR t-ithIATIO VY-NAME i&Linn Grove Cemeter wO LOCATION pT1'' SOS ITi'7 G -le Colorado - } F uw li t i, D ' C • - IQ. IOC N Mt Oa AMU* O liki s1. MIN alit S itilgillOs Or 0V -•62 Ors•VATL eN to damson i I +/y�f 1 rte. C $ e p . CO 80631 MI. I. WV t iaaN t 4 tat II LT # O r in 6 i tie I, , A I N �DCG ua • to a�1.rI Qli'i#i DFlfii puce na CORM S , ON 1ati Ifs 1W' I ui i�iia1i a .AMMO _ IIIvi#TMi ATS. Oa St Offloetau DOTS eeaJta I a A I' C V AhMa I 0 EaI/MIIIThant .-$ DAMN D fla$o*L.iIMIDolntTCTfleatilli1.4t7LTIP4. L.I. !JI-fita c 1 n !Yi 71 eIe *nun e! Mil ©A1 L $ VETO 1 I Y . '3 We" os. tin. sue-gC?' 1"r' OATS SIiILip tttr.aa, mare Vi I t.o�NOUNCio MAO Am .Op, rt_ Aiwi Hain ,1Wilitao Aim .03REssQictF1lfiFiESi IPlaSICIAN0NC0PI044-Mlalry L ienninls. M.D. w houtt 1900 -16th Street Creele Colorado 80631 . Itil1ST I►AA. — DA E i5 EQ MGT AA wrwra, Ow. lei 2 hNs. 411 ririn l mid J� - . �" ! • - air t`° IllJen I twit II MC ME S OE tPi OIi4, iii, and {r i. I+ls,. 4 MMALd(QEA CA `'5E .i4L e i M es p i_ i ' ii�el' .. C ITIiI NS I r i DLit TO., CR IBS Ai CON OUNCE - — M SW •; JAW Pell and it Of • know lea4++iAse r, r �r I 1WM YlrrC Mif �_—Y. r=- T I i�. 't�S "UMW Out TO. 4R AS A COWSEOL►EMCI QE _ -- Ir'h__urrm • 11.r1pp[,r�fl. t twit ialmil MU . IT wacar■+w$ IT" 'QM R alGNiiiCsn 1 am OISIONS.+dseresitt.eteu istatiibeanal hares siptigar .Y tie. nve1 Damns& 1U1Onit tin M skig ,IF Yes ' wit& ChM AIM An • To On MOH( P 4yn Asp p NO Amour. SuICIDI,lion ICWOEI WIDE MIMEO, MEJIDINaJNvrsyII ueji, x. OAT_ OM 100*l 0 t Mare nIM.tlw.14•4i1e+a kii l:Esaint lam I**JR'Y°aCum#£I] 1 as i--•a 4_---» .... W't Iih1AMY kr "KIRK Iv..:IT- iu NW. PLACE Of IN$jAY'p•a ...._,4.■., tur•I, ►�Ii t a lleIsill rlsl.a. nia LI~JaI ti1144-_ • 1P'II1 4tI LI ,C14T I �• . Willi 1 a HEREBY CERTIFY THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD IN MY CUSTODY AS REQUIRED BY LAW, NOT VAIJDuW4THOUT xjer � T � r wir . Rd, .R. o y. ' MPH .71.1its rated•.i c a Di �. DEPAILIM)C11,��, Tli er I j'1 Malin ' l �1 Witness fily hand and Seal This 2nd day of Ma 9j33 Deputy �Ce-� 'E STR R I VITAL STET! CS Registration District Number 238 Greeley a Colorado PENALTY BY LAW if any person alters, uses, attempts to use, or furnishes to another Fmr deceptive use and vital statistics certificate. i Wan III IMORANDWAi AT ;hTe TIME OF RECOSTI OK THIS IN- STRUMENT WAS Fougw TO BE INADEQUATE FOR THE 6tsi PHOTOGRAPH4C REPRQDUC-T,CI atc*usE OF tLLfCIII11-117Y, CARE4014 CR COPY, D # -WM PAPER, ETc, 1 n AR2Hb1H'50 E 1120 RIC 02061050 07/16/86 15! 23 $3_Oa 1/001 r 0204 MARY ANN FEEWM5.TWIN CLERK & HMcoRD2R WELD co, CO DEED OF DISTRIBUTION by PERSONAL REPRESENTATIVE, (TESTATE ESTATE) THIS DEED in made by ROBERT HAROLD BUCHANAN;, as PERSONAL REPRESENTATIVE OF THE ESTATE OF HAROLD BUCHANAN, also known as HAROLD E. BUCHANAN' DECEASED, to ROBERT HAROLD BUCHANAN, of 5321 Sierra Vista Road, Alamosa, Colorado H11B1,, and MARILYN ANN BUCHANAN HAGEN, whose address is Route 2, Sox 225, New Auburn, Wisconsin 54757. WHEREAS, the above -named decedent in his lieetime made and executed his Last Will and Testament, dated January 12, 1968, which Will was duly admitted to informal probate on January 16, 1984, by the .District Court in and for the County of Weld and State of Colorado, Probate Mo. 84 PH 14; and WHEREAS, Grantor was duly appointed Personal Representative of said estate on January 16, 1984, and is now qualified and acting in said capacity; and WHEREAS, the Grantees are determined to be the peraonn entitled to distribution of the hereinafter-deaeribed 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 Revised Statutes, 1973, Grantor sells, conveys, assigns, transfers and releases to Grantees the following real property, in WELD County, Colorado: PARCEL 1: The East Half CE 112) of the West Half (W 1/2) and the West Half (W 1/2) of the East Half CE 112) 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 11 l) of Section Thirty - tour (34), Township Nine (9) North, Range Sixty-six (66) West of the 6th P.M., in Weld County, Colorado; PARCEL 3: The North Hair (N 112) of Section Twelve (12), Township Eight (8) North,. Range SiXtyraseven (67) West of the 6th P.M., in Weld County, Colorado; PARCEL 4: An undivided one-half C1/2) of all the oil., gas and other minerals lying in and under and that may be produced from the North Halt CN 1/2) of the Southwest Quarter (SW 114) and the Southwest Quarter (SW 1 R) of the Southwest Quarter (SW 114) of :Section Twenty-four (24) , Township Eight (8) Worth, Range Sixty-seven 067) West of the 6th P.M., in Weld County , Colorado; with all appurtenances, subjeat to the 1986 fazes, payable in 1987. Wherever used herein, the singular shall include the plural. EXECUTED this 'rt44 �• day or (1 STATE OF COLORADO ) COUNTY OF WELD 1986. o +art aro d Buchanan, Personal Repre- sentative of the Etate of Harold Buctta.nan aka Harold E. Buchanan, Deceased Th ro going instrument was acknowledged before me this • `'- day!. of - , 1986, by ROBERT HAROLD BUCHANAN, Personal of a'v ' e ESTATE OF HAROLD BUCHANAN also known as �? • OR S a IC.HANAF� , DECEASEDS i_'NESS my Rand and Official ��. Mick � - r rw �..�. Ewa+ miasaion expires ;s a.+i►. Or ri ,' rlap J/949 .e! Notary Plio. Address: '2 /9 - CL-e J • ft AR2OIQ6O iS B 1148 REC 02090606 03/04/B7 15:23 $6.00 1/002 F 0952 MARY ANN FEUERSTEIN TEIts; CLERIC s RECORDER WELD CO, CO WARRANTY DEED THIS DEED, M. 3e this 19th day of _February , 4 19870 between Rob ert Harold t Buchanan -of -5321 Sierra( Vista Road, Alarrtiosa, Colorado 81101 art Marilyn Pam( Buchanan Hagen of Route 2, Box 225, New Auburn, IiiscOnSin 59757,, of theft part, and MarilynC Ann Buchanan Hagen legal address is Route 2, BOX 225, New Auburn, Wisconsin 54757 of the County of- r and State of Wisconsin, of the 41 second part Sate fkcurn ntrir}' F.. DatehlaCC444Wall $1111_11.- --at Ir JSL1C IIITNESSETH, That the said part ioq of the first rst part, for and in consideration of the scram of TN DOLLARS ($10.00) and other goal and valuable consideration, sec the said parties of the first part in band paid by the said party of the second part, the receipt whereof is hereby confessed and ackncwledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, Gamey and confirm, unto the said party of the part, her heirs and assigns forever, all the following described lots or parcels of land, situate, lying and tang in the County of Weld and State of ColorFdcw to wit: Parcel 1: The East Half (E i ) of the West Half ( f l and the West Half (U1) of the East Half IS UU of Section Twenty-eight (26) Township tie (9) North, Fie Sixty -Seven (67) West of the 6th P.M. Weld County, Colorario. Parcel 2: The Northwest Qum U04 1) of Seetion Thirty-four (34), Township Nine (9) North, Range Sixty-six (6 6) West of the 6th P.m., in Weld County, Colorado_ RESERVING ¶ID ROBERT HAROLD BUCHANAN AN UNDIVIDED ED 0NEHEALF INTEREST IN Tel ALL cal, GAS, All OTHER mmTERATs, .AND TO PAM:LYN ANN BUCHANAN HAGEN, AN UNDIVIDED C F 301TERE5T IN AND TO ALL 0tT , CAS AND OTHER MENEBALS OWNED BY THE PLIES OF 1HE FIRST PARE IN AND UNDER TEE ABOVEwDESCRrBED PAPCELS or LAND. 7CCEUTR with all and singular the herPaitaments and appurtenances thereto belonging, or in anywise appertaining, a the reversion and reversions, minder and xr *tiers , rents, issues and profits thereof; and all the estate, right, tile, interest, claim and demand whatsoever of the sa i d parties of the first p 7`t , either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. PD HAVE AED TO HOLD the said premises above bargained and descried., with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said parties of the first part, for themselves. their heirs, executors, a-ri administrators, do covenant, grant, bargain and agree to aria with the said party of the second part, her heirs and assigns, that at the time of the enseal ng and delivery at these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee single, and have goad right, full power and lawful authority to grant, bargain, sell .and convey the same in per and form as aforesaid, and that the saw are free and clear from al -1 fore and other grants, bargains, sales, liens, tales,, assensments and encumbrances of whatever kind or nature per, except subject to unpaid taxes and assessments, pa agents and rights -of -way for roads, ditches, utilities and any other' matters of rword and the above bargained premises in the quiet and peaceable possession of the said party of the second pert, her ht$ rs and assigns against all and every person or persons lawfully olAtming or to claim the tie or any part therectr the calf! Ferties of the first part shall and mill UAR N1` AND FOREVER DEFENDd r 1148 REC 02090608 03/04/87 15:23 $6.00 2/002 F 0953 MARY ANN FEUERSTEEN CLERK & RECORDER WELD COI CO IR ICINESS WHEREOF, the said parties of the first part have hereunto set thair hamds and canals on the dates . et forth next th their signatures. . . 4 0' tie art _ e _ .Date was signed and acknunledged aforesaid Marilyn i 7 Buchanan a MYfission O-1 may, '•4jI , ritY4 tie }� 1/' " 7 A f" Out 4b *la Pasama Wir AR 2160 114 B 1415 REC 02362394 12/03/93 12;47 $20100 1/004 F 0098 MARV ANN FEUEPSTEIN CLERK 6 PEICOEDER WELD CO, CO F (Testate Eat,ate) THIS DEED is mate this en. day or Noveumber, L9930 by Denis D. linen as personal representative ct' the Estate of karilyin .B, Hagen, deceased, (Hcrant.ora) , to Denis Da Hagen, individually, ("Grantee*), whose legal address is Rate 2t sox 22 11 NevjaisAmsamir Of the County of —UtliPPews ._.,�, State: or Wisc a in R$CITALS '}EREk.S, the Last Will And Testavent of the above -nab 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, 1891, by the Circuit Court in and for the County of Barron, State of Wisconsin‘ Probate Na. 90 PR 104; WHEREAS, the Grantor was duly appotnted 9erw.onal Representative of said Estate on January 8, 1991, and is now qua) iffed 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 on November tS, 1993, 4 copy Qf the certification is attached hereto as Exhibit A, NOW, THEREFORE, pursuant to the powers conferred upon the Granter by both the probate code for the State of Wisconsin and the color.ndc prolate code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee, for and in consideration ct $10,004 the receipt and sufficiency, of wlich is herd acknowledged, the following described real property situated in the County of Weld, State of Colorado; See attached EXhibit I With all appurtenances, subject to oovsnante, easements and restrictions of record, and subject to general property taxes for the year 1993. As used herein, the singular includes the plural and the plural includes the singular. Executed this 23 day of November, 1993. it F IS D. ncui, Personal Representative of the Estate of Marilya B. Hagen, deceased mu or WISCONSIN 9 COUNTY OF Chi �n ) s . Subscribed and ?sp sworn to before me this 43 day cf y r , 1 93 , by Denis D. Kagen i as Personal Representat ire of Ulm Estate of Marilyn D. Hagen, deceased, WI'1ESS my hand and official seal. r t: S. elf res: 4 NO • L OF WISCONSIN, CIRCUIT COM, I DiripeaSed LETTERS IN Tie MATTER OFT146 `PXE OF DOMICILIARY azdammulganirazia ON s • n maim 1N PROBATE 13 1415 RISC 02362394 12/03/93 13:47 $20.01 2/004 L� 0099 MARY ANN FEUERSTEIN UE RSTEI bR 4 RECORDER WELD CO, CO • THE STATE 0w WISCONSIN, to Denis DI en • vvHEREAs, Marilyn EL Page ci Barton -- - died doradied 1 COIMIY$ Wisconsin, On blo.,,�._ fi 99� - -- ' EAS, vou have bee appointed pefsonai repiesemlative ant rititive r uat11ted, ond NOW TH EF3RE.these letters ass issued to you, and u are ordsred to adninlsts; this restate oecording to law. - SOai-' ?Monty Eel SLI, { , ?tek}�)4i $4728 mers isAitearaposaci.oure. urinals IN TESTIMONY WHEREOF. I have signed then setters, and *Mad the sett of the Court on Januar ," as /5/ Edward E . Brunner HON. EDWARD R t Oi Wb Wanly di BO= This itkiwivent b M comet ugly a Es original on file Men compered by Ino,Ihither creilgy thats W fuli Attest ev e _r_r IDS 0 a 4 B 145 PEC 07362394 12103/93 13:47 $2O00 3/004 F 0100 MARY MIN rEUER.STE 1 N CLERK I RECORDER WELD CO, Co STATE OF COLORADO ) COUNTY or WELD) t Dona. J. Powell, Clerk of the District Court in and for the Cunty r of Weld and State of Colorado, do hereby certify the within and foregoing to be a full, true and correct copy of the Domiciliary SS.. Letters as exemplified by Circuit Court of Barron County F State of Wisconsin, and entered of record in case no. 93P113354 in the matter of the Estate of HARMAN HAGEN, alkiaWILT! L hACEN, Deceased, as the same appears from the records and files snow in my off ice properly remaariir o I TESTIMONY WHEREOF, I have set my hand and affixed the Seal of this Court at my office in Greeley, Weld County, Colorado, this 15th day of Nove be r ig g5 DONNA Jr. POWELL clerk a! the D stri t Court by kanb Dcputy. r + 1 T) 1415 PFC 02362394 12103/93 13:47 $"4/004 0,00 F 010 MARY ANN PEUERSTIBIN CLERIC h RECORDER WELD CO, CO IB_ PARCEL 1: The East Ralf (E 1/2) of he .Wes West Half (W 1/2) or the East Half (E 1/2) of Section TWentymeight (28), Township Mine 6th P.M.el(9) Range S l x ter -s even (67) West of County, Colorado PARCEL 2: The Northwest Quarter (NW 2/4) of section Thirty-four ()4)0 Township Nine (9) North, Range Sixty-six (66) West o P.M. in Weld County,Colorado; tt� PARCEL 3: The North Na 1 f (N 1/2) of Section Right (8) North, Range Sixtriaseven (67) Weld County, Colorad West ' tPAC, in R h PARCEL 4: An undivided one4shale (1/2) of all the oil, gas and other minerals lying in and under and that may be prOduced tree the Nineth Half N 1/2) of the Southwest Witter er w� 8 Southwest Quarter �' �� 1/4)1/4)mot' t,�� t�� 1/4) andthe ��t f �� - ��tar (24), Township � - °'� ��- (SW �� ,� of e 6th P.M., in Weld County, Colorado. -.—_.-S •Par I '. • 434 I 11111 III 111111k 1111.1 NEM i 1 3701434 06/24/2010 119:22A Weld County, CD 1 of 1 R 6,00 0 12.64 Steve Morena Work & Recorder Warranty Deed (Pursuant ¶0 30-30-113 .State Documentary Fee Date: June 11, 2010 $1264 THIS DEED, made on June 11, 2010 by OEMs DM HAGEN Grantor (s), of the County of State of for the consideration of (51126,408.00)*** Otte. Hundred Twenty and 9'100 *** dollars in hand paid,. hereby sells and conveys to GREG R. REEVES A t I) PA".IT1 Y D. Tenants, whose street address is 'r County of t and State of real property in the County of Weld, and State of Colorado, to wit tire 7 c _ K}t JUG Six Thousand Four Hundred w REEVES Gr-ant,ee(s), as Joint the following t -c e , rc a - o D6.7 THE EAST 1/2 OF THE WEST 1/ AND THE WEST 1/2 OP 'THE EAST 1/2 OF SECTION 20, TOWNSHIP 9 NOM}, . }, RANGE 67 WEST OF THE 8Th PwMe, COUNTY OF WELD, STATE OF COL PRA DO. also known by street and number as; VACANT LAND WCR 100 AND 102 NUNN CO 8048 with all its appurtenances and warrants the title to the same, subject to all taxes and ass s t'ts for the year 2010 and the waders suited in Section 13 (transfer of title) of the Contract to Buy and Self Real Esune (a) those specific Exceptions dared by reference to record documents as reflected in the Tide Documents accepted by Grantee(s) in accordance with Section 8.1 Mile Review); MI stn%ud on ;uSiI yeasements (inducting cable TV); (c) those specifically described rights of third parties not shown by the public rem* f which Grantee(s) has actual knowledge and which were meted by Grantees) in accordance with Secdort 82 (Matters not Shown by the Public Retort) and Section 83 (Survey Review); f inclusion of the Properly within any special sax district, and, (e) other NONE I n Is a 1 -LA GI B a State of SCONSIN County of la, 1.c..,c-- 4 1 , ATTORNF ` FACt 6144 The foregoing instrument was acknowledged before neon this day of June 11, 2010 by MARCIE L. HAG EN AS ATTORNEY IN FACT FOR DE TIS D. HAGE1' k 172mot;. Notary Public /3 My commission expires when Recq S'Returp, to: GREG R. REEVES AND PATTY D. REEVES s'‘1/4""1/2` % Mr 4. atic h+' 4uCflA4C iOrate., " "44161 i 1%'\ 'uB.y • It ! tt l�JP y t.7��,: OF. .w\' Form 13084 09,2008 wd,.odt Warranty Deed (Joint Tenant) FC25095263 {9' 534{ Prig Land :Mc 392818e Pages: 1. of 5 04/29/2813 02:25 P41 R Fe.: $31 , 00 D F.e : $0.00 Steve Moreno, Clerk and Recorder, Wild County, O ta 'I'ii'k P'Ar(kI ir II EXEMPT BARN' 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 ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to GREG R, REEVES, whose mailing address is 47080 County Road 33, Nunn, Colorado 80648, of the County of Weld, State of Colorado ("Grantee"), the real property situate in the County of Weld, Mate of Colorado, which is legally described as follows: Those certain thirteen (13) parcels of real estate which are legally described on Exhibit "A" attached hereto and incorporated herein by reference. Reservation of Mineral Ri rht,a . Grantor expressly excepts and reserves unto herself, and her heirs, personal representatives, and assigns, forever, all oil, gas, and other minerals and mineral rights which are owned by Grantor on the date hereof and which are located in, on, or under the surface of the parcels of real estate being conveyed hereby. Signed and delivered this )1 day f - • �; l F 2013. 4 STATE OF COLORADO ss. COUNTY OF LARINER PA RI A F APRIL DEPL .ZE$, also known as PATTY D. REEVES, also known as PATTY DEPLAZES REEVES, also known as PATTY DEPLAZES The foregoing instrument was acknowledged before me this I 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 m"sand official seal. My �c o - ex� ee : i rii al de/ r leilat as O of AL sies erne ° (HP•&C 4/11/13) lab ' „\\, •111trIIII MY' 4014." Notary Public • PONE, •, ..1 4 a1daj V T..w .-7t� L�• 125 SOUTH HOWES, 6114 FLOOR POST OFFICE BOX 2267 F07. -if COLLINS. CO 3C422 3g28180 Pages: 2 of 5 04/29/2t13 02:25 P1+1 R Fee $3L .00 O Fecl'Aie Steve Morero, Clerk and Recorder.. weld County, uu Pail, lirIlia:141144,Vik,141111.Y.NitiRvtii, fl I!I EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR") GREG R. REEVES (hrCRANTE1T) LEGS DESCRIPTIONS OF THE PROPERTIES CONVEYED HEREBY PARCEL 1: Lot 1, Block. 7, DIES CROSSING SUBDIVISION, County Weld, State of Colorado. (Street Address: 2115 70th Av_ ue, Greeley, Colorado). PARCEL 2; Tract 1: Lots 17 and .1.a, Block 8, Cave and Priddy Addition, Town of Pierce, Co ty of Weld, State of Colorado. Tract 2: Lot 19, Block B, Cave and Priddy Addition., Town of Pierce, County of Wald, 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 a (Street Address: 440 East Main Street, Pierce, Colorado) PARCEL 4: Lot D, Recorded Examption No. 0553-02-3_ -3 857 recorded November 23, 2004, at Reception No. 3238029, being located within the South 1/2 of the South 1/2 of Section 2, Township S North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado. ''avant land, no street address assigned) CRPFG 4/11/13) n 2 4 3128180 Pages: 3 of 5 04/29/2.13 02:26 PM R F *s : $ 31 .00 t fee :10 @S Steve Moreno, Clerk and Recorder : Weed County.. CO liii fr!t fs; IMRE 01141/2 ikel II II! PAGE 2 TO EXHIBIT "A° ATTACHED TO AND MADE A PART OP THE BARGAIN .AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR") AND GREG R. REEVES ("GRANTEE") LEGAL DESCRIPTIONS OP THE PROPERTIES CONVEYED HEREBY (Continued from Page 1 to Exhibit "A") PARCEL 5: T9wnshtp 8 North, Range 66 West of the 6th P.M. Section 11: E1/2NE1/4, 31/2; County of Weld, State of Colorado. Vacant land, no street address assigned) PARCEL 6: Township 8 North r Rig 66 West of the 6th P.M Section 13: W1/2; County of Weld, State of Colorado (Vacant land, no street address assigned) PARCEL 7: Townshian8 North, Range 66 West at the 6th P M. Section 20! 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 RE3333, recorded September 10, 20030 at Reception No. 3104875, being a part of West 1/2 of the Northwest 1/4 of Section 31, Township 1G North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned) Lfl4Q 4/11/13) m 3 3928180 Pages: 4 of 5 04/2912013 02:2e PM R F.. $31 . 0 Fee : f . 00 Steve Moreno, Clerk and R_ `ecorder 1 Meld G+ #r l liiiKari bi7Cliti;I' LOPPIdiokliNA 11111 PAGE 3 TO EXHIBIT "A." ATTACKED P* MADE A PART OF THE BARGAIN GAI AND SALE DEED BETWEEN PATRICIAAPRIL EgP ES ( GRANORII) AND GREG R. REEVES ("GRANTEE") LEGAL DESCRIPTIONS OF THE PROPERTIES CONVEYED HEREBY (Continued from Page 2 to Exhibit "Au) PARCEL 9: Lots A, B, Cr and B of Recorded Exemption No. 04.55-O6e2 REe4524, according to Map recorded January 26, 2007, at Reception No. 3451161, being a part of the Northwest 1/4 of Section 6, Township 9 North, Range 66 West of the 6th P14., County o.t Weld., State of Colorado. (Vacant land, no street address assigned) PARCEL 10: Lot C of Recorded Exemption o. O453-17-3 RE -2119, according to Map recorded June 23, 1998, at Reception No. 2621419, being a part of the East 1/2 of the West 1/2 of Section 17, Township 9 North, Range 67 West of the 5th 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, 2O09, 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 PAK., County of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 11: To mshi 9 No th e 7 West of the 6th P.M. Section 28: E1/2W1/2, W1/2E1/2: County of Weld, State of Colorado. (Vacant land, no street address assigned) (KP&O 4)11/13) - 392818B r Pages: 5 of S 04129/2013 02:2S PM P Fee: S31 ,QUO 0 Fee: SO:00 Steve, flyer). Clerk and Recorders; Weld County, CO 1111 PIMli.irt PAGE 4 TO EXHIBIT "A" ATTAR TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN PATRICIA APRIL DEPLAZES ("GRANTOR") AND GREG R. REEVES (wGRANTEEn) LEGAL rJE Qp1p no s OF THE PROPERTIES CONVEYED:HEREBY (Continued from Page 3 to Exhibit EA") PARCEL 12: To ship 9 Norh, Range es 66 t of the 6th PoMe Section 34: NW1/4; /4 ; Comity. of Weld, State of Colorado. (Vacant land, no street address assigned) PARCEL 13: Townshi 11 North Ran a 67 West of the 6th P . M i Section 34; W1/2N1/4„ SW1/4; County of Weld, State of Colorado. (StreetAddress: 9378 County Road 124, Carr, Colorado) (HFQ0 4/11/13) - 5 4237931 0912012016 10:50 AM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $45.03 Carly Koppel - Clerk and Recorder, Weld County, CC PERSOLUL REPRESENTATIVE'S DEED THIS DEED is made by 'CATLIN Hi PlTL - X =--- - AND KELLY r, SIMMDT, AS CO - *PERSONAL REPRESENTATIVES OF THE ESTATE OF MREG ROY REEVES, ALSO KNOWN AS GORY ROY REEVES, GREGORY K. REEVES, GREG Rs REEVES, AND GREG fltV , DEC ("Grantors"), to PNUL S. ESE and CRYSTAL L. MSS, as joint tenants with rights of survivorship not as tenants la, common, whose mailing address, for purposes of this Deed, is 46713 County Road 191 Nunn, Colorado 80648, of the County of Weld, State of Colorado ( ' aatsesa9 . MEEREAS, the decedent died on the date of Hay 11, 2016, and the Grantors mere duly appointed Co -Personal Representatives of said Estate by the District Court la and for Latimer County and State of Cn1crarIc,,, 'notate No. 2016PR.30295, on the date of June 2, 2016r and are now qualified and acting in said capacity. NOW, TSEPEFORE, pursuant to thethe•powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell and convey unto Grantees, for the consideration of Wen Dollars ($10.00) and other good and valuable consideration, the following c asoribed real property situate in the County of weld, State of Coloradot Towns hi 9 North Pt= 67 West of the 6th P . M Section E1/2W1/2,-111/2112/2; County of Weld, State of Colorado. (Vacant land, no street address assigned) '= ALL appurtenances, subject to eas ents , restrictions, and righits-cf-y in place or of record; oil, gas, or other mineral exc tions� , reservations, or l eas a s of record; any resttr ct ons , reservations, or exceptions contained in any United States or State of Coloredo Patents of record; claims of adjacent property owners resulting from the mislooation of boundary fences; and real property taxes and assessments for the year 2016 and subsequent years. EXECUTED this 16th day of Soptea`bar, , 2016. zsmaTz OF GREG ROY REEDS, ALSO KNOWN AS GREGORY ROY ILL S , GREGORY K REEVES,GREG R. REEVE S r AND GREG MavaS4 DECEASED (NF S/14/16) Co -Personal. Representative 4237931 09/20/2016 1 D:50 AM Page 2oft STATE OF COLORADO COUNTY OF LARLKER m a foregoing instrument was acknowledged before me this 16th day of September, 2016, by 3at.lyn► H. Fitzgerald and fly F. Befit, as Co -Personal Representatives of the ESTAIM or ORM 20Y RESVES, ALSO KNOWN GREGORY ROY REEVES, GRWORY R. REIM, , St MEWS/ AND GREG RCS, DECEASED. WITNESS my hand and searl My commission expires; \.--1 DONNA iNC- NOTARY PUBLIC STATE OF COLORADO NOTARY' ID 19814401657o COMMISSPON EXPIRES 11/17'2917i • cFFfG 9/14/16) — 2 4485832 Pages: 1 of 1 05101/2019 03:41 PM R Fee:$13:00 : 00 D Fee:$0.00 $0' . 00 Carly Kopaes,- Clerk and Reccrcier, weid Coun: Cc 7 IINVI 'WM ARCA m BARGAIN AND SALE DEED This Deed is made the day of April, 2019, between Paul S. Esh and Crystal L. Esh, ("Grantor?'), and Paul Esh and Crystal Esh, as joint tenants and not as tenant 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 assigns 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: Wii2E1/2 County of weld., State of Colorado (vacant land, no street address assigned) being part of the tract assigned account number 80317686 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. "<2 ''aul S. Esh C tal L. Esh State of Colorado ) )SS. County opv lead 15 ) tAngYA.AXP The foregoing instrument was acknowledged before me thisC day of g g g April, 2019, by Paul S. Esh and Crystal L. Esh. My commission expires: ifiw03O2et' Witness my hand and official seal. ≥frk/.z:Q?\� Public JENNIFER SCHOFIELD Notary ) Lib NOTARY PUBLIC I STATE OF COLORADO NOTARY ID 20184020224 MY COMMISSION EXPIRES MAY 11, 2022 Hello