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Home My WebLink About20181618.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0032 - KENNETH AND BECKY PENNINGTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX18-0032, was submitted by Kenneth and Becky Pennington, 10624 County Road 24.5 Fort Lupton, Colorado 80621, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4846, being part of the W1/2 SE1/4 of Section 2, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX18-0032, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 12.167 acres and 4 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Kenneth and Becky Pennington for Recorded Exemption, RE -4846, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall submit a sketch of the existing septic systems on the property in relation to the proposed lot line to the Weld County Department of Public Health and Environment (WCDPHE). All septic systems must be located on their respective lots and meet all lot line offset and setback requirements. Evidence of approval by the WCDHE shall be submitted by the applicant to the Department of Planning Services. B. The applicant shall address the requirements (concerns) of the Central Weld County Water District, as stated in the referral Cc: P1.(mm), G PPL o1-23 /' 2018-1618 RECX18-0032 RECX18-0032 - KENNETH AND BECKY PENNINGTON PAGE 2 response dated March 29, 2018. Evidence of such shall be submitted, in writing, to the Department of Planning Services. C. In accordance with Section 23-3-30.K of the Weld County Code, two (2) cargo containers may be allowed on properties less the eighty (80) acres in size as accessory structures with appropriate building permits, when not on a Lot in an approved or recorded subdivision or a Lot which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Photographic evidence from a site visit conducted on March 15, 2018, shows that there are currently three (3) cargo containers on the proposed Recorded Exemption site that currently do not have the appropriate building permits. Prior to recording the plat, up to two (2) cargo Containers on the site can be permitted on each lot with the Weld County Building Department. If there are more than two (2) cargo containers proposed to stay on any one lot, the remainder must be removed from the lot or a Use by Special Review (USR) Permit would need to be applied for. D. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of- way. F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-40.P of the Weld County Code. Net acreage calculations should not include future road right-of-way. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1311-02-4 RECX18-0032. B. A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 24.5, for the benefit of Lots A and B, 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. Show and label the preliminarily approved access point(s) and the usage types. 2018-1618 RECX18-0032 RECX18-0032 - KENNETH AND BECKY PENNINGTON PAGE 3 D. County Road 24.5 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. Setback radiuses 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. F. 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 2012 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 Chapter 23, in accordance with Subsection 23-6-10.C of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net, unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P of the Weld County Code. 5) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 2018-1618 RECX18-0032 RECX18-0032 - KENNETH AND BECKY PENNINGTON PAGE 4 7) 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. 8) 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. 9) The property owner shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. The applicant shall also 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. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 13) 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 Department of Planning Services 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. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 15) 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 2018-1618 RECX18-0032 RECX18-0032 - KENNETH AND BECKY PENNINGTON PAGE 5 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. 16) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County code, shall be placed on the map and recognized at all times. 4. Additional Information. A. A Weld County septic permit is required for any new building requiring water and sewer. The septic system shall be installed according to the Weld County on -site Wastewater Treatment System regulations. B. Topographic or physical features of the proposed lots, such as ravines, ditches, streams, etc., may limit the area available for a new or replacement septic system. Prior to recording the plat, the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. 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 paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3 approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge shall added for each additional three (3) month period. 2018-1618 RECX18-0032 RECX18-0032 - KENNETH AND BECKY PENNINGTON PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2018 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifLe/t) ;e1 Weld County Clerk to the Board BY: .ev/ Deputy Clerk to the APP ounty Attorney Date of signature: 06-0274 arbara Kirkmeyer, o-Tem Stev. Moreno, Chair Sean P. Conway , r e A. Cozad Mike Freeman 2018-1618 RECX18-0032 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Ryder Reddick HEARING DATE: Monday May 21, 2018 CASE NUMBER: RECX18-0032 APPLICANT: Kenneth Wayde & Becky S. Pennington APPLICANT ADDRESS: 10624 County Road 24.5 Fort Lupton, Colorado 80621 REQUEST: Two -Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -4846; being a part of the W2 SE4 of Section 2, T2N, R67W of the 6th P.M., Weld County, CO PARCEL NUMBERS: 1311-02-4-00-087 PARCEL SIZE: Total +/- 16.167 acres net ZONE DISTRICT: A (Agricultural) Proposed Lot A +/- 4 acres net Proposed Lot B +/- 12.167 acres net WATER SOURCE: Lot A: Proposed CWCWD Tap Lot B: CWCWD Tap #3107 SEWER SOURCE: Lot A: Proposed Septic Lot B: Septic Permit #SE -0900006 Description: The Applicant is proposing a 2 -Lot Recorded Exemption on Lot B of RE -4846 (Reception #3621612), recorded on May 8, 2009, Lot B (the largest lot) of RE -4846 is +/- 16.209 gross acres. Section 24-8-40 P. of the Weld County Code states. "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of Chapter 24 of the Weld County Code." If approved this would be the fourth Recorded Exemption done on the original tract of land. In a letter addressed to the Board of County Commissioners dated March 5, 2018 and submitted with this recorded exemption application to the Department of Planning Services, the owner (Mr. and Mrs. Pennington) asked that the Board of County Commissioners approve their request to do a 2 -Lot Recorded Exemption on Lot B of RE -4846. The applicants explained in the letter that they were not aware of the code provision put in place in 2010 under section 24-8-40.P. They also stated that it was always their intent to do another recorded exemption on this parcel to divide off approximately 4 acres on the north end of the property where they have already built a second residence in a detached garage/shop. The applicants also explained in the letter that the second residence was built to house their mother who is aging and is need of increased assistance with her living conditions due to medical reasons and was the main reason the second living quarters was built in the existing shop. The property currently has an active Zoning Violation (ZCV17-00387) which was initiated due to the installation of a building with an apartment like use without first completing the necessary Weld County Zoning Permits. This case has not been forwarded to the County Attorney's Office; therefore, an RECX18-0032 Page 1 of 7 investigation fee is not required. Approval of this application would correct the outstanding Zoning Violation (Mr. and Mrs. Pennington will still need to submit appropriate building permit applications for the 2nd residence if approved). If this application is denied, the Department of Planning Services asks that the Board forward this case to the County Attorney's Office for legal action through the County Court process, but to delay that legal action for 30 (thirty) days to allow the applicant time to remove the second single family dwelling unit from the garage or to turn in a complete USR application for a second residence or a Zoning Permit for a Second Single Family Dwelling (family members only) on the current Lot B. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: Section 24-8-40.P of the Weld County Code, states: After August 3rd, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter. The applicants are requesting a split of Lot B RE -4846 which is currently +/- 16.167 acres in size, into two (2) lots that will include a new Lot A that will be roughly +/- 4 acres and a new Lot B that will be roughly 12.167 acres in size. The proposal does not meet Weld County Code Section 24-8-40.P. According to Section 24-8-40.P of the Weld County Code, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless the Board of County Commissioners finds extenuating circumstances and that the recorded exemption does not evade the requirements and intent of the subdivision regulations. The following timeline describes the history of the property: 10/07/1985: A 2 -Lot Recorded Exemption (RE -773) was approved by the Weld County Department of Planning Services and recorded at reception # 02027656. The original recorded exemption on this property covered a 78.66 -acre parcel being a portion of the W2 SE4 of Section 2, T2N, R67W of the 6th P.M., Weld County, CO. Lot A was 0.86 of an acre in size and lot B was the remaining 77/9 Acres. 01/31/1995: An Amended Recorded Exemption (AMRE-773) was approved by the Weld County Department of Planning Services and recorded at reception # 2424927. This case made the Lot A of RE -773 larger to be approximately 8 acres in size, while also moving the Lot A from the north end of lot B off of County Road 24.5 down to the south off of County Road 24. 10/2/2000: A 2 -Lot Recorded Exemption RE -2788 was approved by the Planning Department and recorded at reception # 2797246. This recorded exemption created a new +/-19.79- acre Lot A and a +/-49-acre Lot B. 6/25/2007: A Warranty Deed was recorded at reception granting Kenneth Wayde and Becky S. Pennington ownership of Lot A and Lot B RE -2788. 5/8/2009: An Amended Recorded Exemption (AMRE-2788) was approved by the Weld County Department of Planning Services and recorded at reception # 3621611. This case made the original Lot A smaller and added land to a Subdivision Exemption Lot SE - 1134 that is located adjacent to the lot A directly northwest of the Lot A property boundaries. Lot A reduced its size by less than a tenth of an acre from +/-19.79 Acres to +/-19.67 acres. RECX18-0032 Page 2 of 7 5/8/2009: A 2 -Lot Recorded Exemption (RE -4846) was approved by the Weld County Department of Planning Services and recorded at reception # 3621611. This case created a new Lot A that was +/-3.5 acres and a new Lot B that was +/-16.167 acres. The Lot B created by this recorded exemption is the one proposed to be split today. 12/28/2017: A Zoning Code Violation was issued on Lot B of RE -4846 through an anonymous complaint and an inspection on the property was conducted finding that a second dwelling was built on site along with two cargo containers present without first obtaining the appropriate building and zoning permits. 3/5/2018: Mr. and Mrs. Pennington turned in a complete 2 -Lot recorded exemption application on Lot B of RE -4846, & associated letter to the BOCC addressing his hardship and acknowledgement of the denial process. The applicants were aware that this Recorded Exemption case would be recommended to the Board of County Commissioners for denial and chose to proceed with the request. In the letter Mr. and Mrs. Pennington provided in their application on March 5, 2018, they acknowledged the recommendation for denial and requested that the requirement listed under Section 24-8-40.P be waived as the applicant is claiming an extenuating circumstance. The extenuating circumstance given in the letter states that the property has been owned by Mr. and Mrs. Pennington since 2007 and they had not previously had knowledge that the rules had changed based on size requirements to split his lot until they came into the Planning Department to address the violation case on their property in December of 2017. Therefore, because they had no knowledge that the rules changed and it was their intent all along to split the property through this exemption process this has created an extenuating circumstance beyond their control that should allow for the Board to make an exception in this case to Code Section 24-8- 40.P. Other options do exist in the Weld County Code to create a new parcel of land without a new Recorded Exemption on this lot. The Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create another legal lot to be used for residential purposes. Additionally, the Zoning Permit for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be utilized to permit an additional dwelling unit on a property in the Agricultural Zone District. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall submit a sketch of the existing septic systems on the property in relation to the proposed lot line to the Weld County Department of Public Health and Environment. All septic systems must be located on their respective lots and meet all lot line offset and setback requirements. Evidence of approval by the Weld County Environmental Health Department shall be submitted by the applicant to the Department of Planning Services. B. The applicant shall address the requirements (concerns) of Central Weld County Water District, as stated in the referral response dated March 29, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. In accordance with Section 23-3-30.K of the Weld County Code, two (2) cargo containers may be allowed on properties less the eighty (80) acres in size as accessory structures with appropriate building permits, when not on a Lot in an approved or recorded subdivision or a Lot which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Photographic evidence from a site visit conducted on March 15, 2018 shows that RECX18-0032 Page 3 of 7 there are currently three (3) cargo containers on the proposed Recorded Exemption site that currently do not have the appropriate building permits. Prior to recording the plat, up to two (2) cargo Containers on the site can be permitted on each lot with the Weld County Building Department. If there are more than two (2) cargo containers proposed to stay on any one lot, the remainder must be removed from the lot or a Use by Special Review (USR) Permit would need to be applied for, for any extra proposed cargo containers on the site. D. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1311-02-4 RECX18-0032 B. A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 24.5, for the benefit of Lots A and B, 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. Show and label the preliminarily approved access point(s) and the usage types. D. County Road 24.5 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right- of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. F. 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 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius RECX18-0032 Page 4 of 7 of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) 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. 8) 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. 9) The property owner shall control noxious weeds on the site. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. the applicant shall also 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. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 13) 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. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 15) 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. RECX18-0032 Page 5 of 7 16) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but riot 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. 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) 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 RECX18-0032 Page 6 of 7 who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will riot 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 new building requiring water and sewer. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. B. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 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 Board of County Commissioners resolution was signed a $50.00 recording continuance charge shall added for each additional 3 - month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: May 7, 2018 Ryder Reddick, Planner I RECX18-0032 Page 7 of 7 Applicant: Kenneth Wayde & Becky S. Pennington Request: Approval of a 2 -Lot Recorded Exemption on a Recorded Exemption Lot B under the minimum 35 acre net size requirement per section 24-8-40.P of the Weld County Code. legal Description: Lot B of RE -4846; being a part of the W2 SE4 of Section 2, T2N, R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 24.5 and approximately 0.37 miles west of County Road 23 ippinamsias ins am Se al worn 2. ma is rcy=CTa$ eL Y» n Recorded Exemption: RE -4846 Recorded: May 5, 2009 Reception #3621612 J N I cc L qq�� IA COUNTY ROAD 24 1/2 L 9a2.00 492.00 wd9.34.00•E — u1Z.6r s Pr1399.3r00This _ te nitwit IA `e• s 3'SCI° Act S 39730 Si 9 it 9 et in Q• )0alTll 1/4 COINER SCCT10a 2. a/ 3 ye Iowa Ca •l -1 )0642. -nor. as a lac 100.1 ar9 "1 :n p 8lC I ?04 n SYS\ os}r- PCR� + `6 209 PGRES „O5 X61'6 NE .99 •7100 2. ayV34OOt t t' n . m . •m•/• 'C V0••a• It w ••i un- ..l a ••••{{ lee vr..a We a •Dw�ra• I -- AK a• on •w� • P.S.�o.l taa•akn a •tJ StS M s � t1• COA aaala•a• a 044►a-4nl M •,a a.VL q.ypa• 1Cla� • a 11 a ••••• fan a aaa•b il4K 1 ear AA 01110 da 'I.t.aut— • Va1•ama.l se ll••. AMA tI -7 • /OG 1 AMA a•a •••"a•e-a..I a Mara •. AD a AA n•. • .rj I. .- sae •m 0"y 441.•0 ... 'o' AA f as r S 01•100. 5 flaw • t a aa+•D n 1l a.n N 1410 w• • n.aa • .ram. I 'SSW rode �1A. � Om AKA YI•tt�C•I••f-'� CUT 11 ••C(a• pt c.1�•.aM.at la�C�an •s'a 13.0 a aas SE Dar. YM N.KAM to ~f 43- In KR ` • •• PS macravrel • 3n2 �' ft Wfl $-Cast tn. C019° SECTIOA 2.—' IaMO lR f aaSq, •, r sari CO. ►ai 291137, 'et a A altaa Si N W S OP/C,/NAt SCAiE P" a E RECORDED EXEMPTION NO. 1311-02-4 RE -4846 34 35 h Fi CR 26 2 GP 24 2 1/ •L T A� %2.j h I CAI ...-4 CR 24 - 10 . 12 1/aC9MTV MAP SCALE Ia a 2000' N LOT A OF MARE -2788. PART OF THE WEST 1/2 OF THE SOUTHEAST I/♦ OF SECTION 2. TOWNS.e 2 NORTH, RANGE. 67 WEST OF THE SIXTH PRNCPAL YERCIAN. COUNTY OF WELD. STATE OF COLORADO. a�0 •A i' • MMI '4..,..., • •aat414: r /O AA Iil 0e0 CO • ••4�• a- * w'+r.v at t.t. a tP4 IS ante" MI a+�•`i•.a. `tawDii D~400 «At: 1°MI ob•. 049 o , . 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Na IMO R Mete IVAI• r_ '0•' 17! lna•1aR a•MCJI 20. 200. •a /131. ntaaa 2-270-22 Local Map of Lot B of Recorded Exemption RE -4846 Looking Southeast at Existing Access off County Road 24 1 /2 Looking Southwest at Existing Access off County Road 24 1 /2 Looking South at Existing Access off County Road 24 1/2 Looking South into the site from the Existing Access and proposed Shared Easement road off County Road 24 1 /2 Looking West into the site from the Existing Access and Proposed Shared Easement road at Proposed Lot A q _ - Looking West into the site at proposed Lot A Looking North West at Buildings on proposed Lot A Looking South at Buildings on proposed Lot B Looking Northeast at building and cargo container on proposed lot B geor RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldg_ov.com * 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ I -.,Pa Mars APPLICATION -.RECEIVED BY: ,.' Parcel Number 1 3 1 1 _ 0 2_ 4 _ 0 0_ 0 8 7 DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: -.*tar (12 digit number - found on Tax ID. information, obtainable at the Weld County Assessor's map found at .we Id gov.com) Legal Description PT 142SE4 2-2-67 LOT B REC EXEMPT RE -4846 , Section 2 , Township 2 North, Range 67 West Has the been divided from or had divided from it any property(ies) since August 30, 1972? YES a NO property Is the ro properly located in a floodplain? n? YES NO Unknown . p p' � p Is the property located in a geohazard area? YES ri NO a. Unknown ra p p � FEE OWNER(S) OF THE PROPERTY Name: Kenneth Wayde Pennington Company: Phone It: 303-961-2710 Address : 10624 R-24 1/2 Email: KPIELECTRIC@GMAIL.COM City/State/Zip Code: FORT LIPTON, COLORADO 80621 FEE OWNER (cont.) or APPLICANT: Name: Kenneth Wayde Pennington Company: Phone #: 303-961-2710 Email: KPIELECTRIC@GMAIL.COM Address : 10624 R-24 1/2 City/State/Zip Code: 80621 AUTHORIZED AGENT** Name: Company: Phone #: Address : City/State/Zip Code: *Authorization Form must accompany all applications signed by an Authorized Agent Email: Lot A smallest lot Lot B Lot C Lot D AGRICULTURE AGRICULTURE Proposed Use i.e. Ag or Res) Proposed Acreage 1242 4 Address 10624 ? I (We) request that the above described property be designated a Recorded Exemption ption 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 ail fee owners of property must sign this applications If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. 312-1€ gnature: : Owner Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Ownix/Syne /0 er or Authorized ent Print: Owner or Authorized Agent *If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Page 16 Board of County Commissioners March 5, 2018 I understand that this recorded exemption is being recommended for denial. Please consider the following for approval. When we did the recorded exemption RE -4846 in June of 2009 it was planned at that time to split lot B again in the future. We designed access width and location of the future road access with this in mind. There was nothing on the recorded exemption plat stating the larger lot B could not be split again. After selling the home and lot A in 2014 we moved into the mobile home on lot B with plans of splitting the lot B and building another home. Since then we determined my mother age 75 is needing a home much closer to the family for health reasons so we decided to build an apartment in the large shop building to accommodate her. We are now in violation with Weld County because we are not allowed to have two residences on the address we have now. To correct this violation, we would like to continue with the split of lot B and this will be the simplest way to resolve the violation and continue with our original plans. The long term here is to eventually remove the mobile home from the property and build a replacement home on that lot. Thank you for your consideration in this matter. Sincerely Ken Pennington RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the 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 Com an is attached", Water will be provided by Central Weld County Water District with letter of availabilty b ilty Lot A Water Source Lot B Water Source Cary rah tact\ la, Cs4'.jA3cMr \3;Qcc% dr -1-O6 1 Lot C Water Source Lot D Water Source 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.") There are no water rights for this property 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 Lot A sewage disposal A Septic system is being designed and permitted according to Weld County requirements Lot B sewage disposal Ey c c 'Jc& -, .. fl0' 44 Lot C sewage disposal Lot d sewage disposal Page 17 4. Describe how the property is being used. (Example - "The parcel has one house, one mobile home for the hired hand permitted under Mobile Home Permit # ZPMH-'123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner, The south half of the property is flood irrigated and currently planted in alfalfai") The parcel has one mobile home for the primary residence on horse barn, and one two loafing shed. The north half is currently used for an arena. The south half of the property is a paddock and pens area for cattle and horses. 5. Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 597 Each lot will have access on one existing common driveway off of county road 24 1/2 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,") The property will be split into approximately a 4 acre lot and a 12 acre lot 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.") DNA is there a business or Use by Special Review permit on the property? Y N UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USRI2-'1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of WeldCounty.") Unknown Pagel 8 WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-5500 x 2700 Inspection: (970) 304-6480 Permit Number: APIB-00135 issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado, Project Name: ASN1$-0028 & 0029 A Cicant Information: Name; Ken Pennington Company: KPI I Electric Inc. Phone; 303-961.2710 Email: kpielectric@gmail.com Location; Access is on WCR: 24.5 Nearest Intersection WCR: 24.5 Distance From Intersection: 640 Number of Existing Accesses: 2 Plannin Process: Other ASN1B-0029 & 00 Road Surface Type & Construction Information: Road Surface: Asphalt Culvert Size & Type: 15" CMP/RCP min. if req. Start Date: Finish Date: Niateryals to Construct Access: existing Required Attached Documents Submitted: Traffic Control Plan: No & WCR: R: 213 Certificate of Insurance: No Expiration date: 02/20/2019 Property Owner Information; Name: Company; same as applicant Phone: Email; Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt; d Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to X HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work ail Requirements or Comments Parcel 131102400087. Utilize existing access point on CR 24.5 (1 -Residential) Located approx. 640 ft. East of CR 21.5. Note: CR 24.5 is a Collector roadway with a 60 ft. setback from centerline. **Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW. Approved by: Dgitaily signedby Weld County Public Works 1v oroan Gabbert Date: 2018,02.20 12:35:16 -07'00' Date: 2/20/2018 Print Date -Time: 2/20/2018 12:34:55PM Access Permit PWD0S Page 1 of 1 CENTRAL WELD COUN'T'Y WATER DISTRICT February 6, 2018 Kenneth & Becky Pennington 10624 County Road 24,5 Fort Lupton, CO 80621 RE: Additional Water Service Dear Mr. & Mrs. Pennington: This letter is in response to a request for water service to serve the following property described as follows: PT W2SE4 2-2-67 LOT B REC EXEMPT RE -4846 Parcel 131102400087 Water service is presently available to the above described property through tap number 3107 located on Weld County Road 24.5 & 21.5. Additional water service can be made available to this property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the Bureau are satisfied. Please note that it is your responsibility to contact Northern Colorado Water Conservancy Disnr-/ci at 800-369-7246 fin* petitioning cod yirmation into the Northern Colorado Water C-'omo -i v:acct . l�w ict. Cene1°ul_ Weld camioi issue a rap mi i 11 requirements sire satisfied. This is in accordance with the Rules and Regulations o 3 thern Colorado !Vetter Conser-vwisr District. A water tap installation is for a specific parcel of propertyand in no case w ill a customer be permitted to extend a service line from one parcel or property to another parcel to provide additional %salter service, An additional dwelling charge IN ill he assessed to the water sen ice bill for second and subsequent homes recei‘ service on one parcel whether the homes are occupied or vacant. An easement would be required to provide access to the nes% parcel. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. The District will not notify, by separate letter, any prospective landowners of cost increases. The District has the right to review the annual allotment and compare it to actual usage to determine if additional raw water will be purchased and transferred to the District by Tap Holder. It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. If you have any questions regarding the above, please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT Stan tinker, District Manager SL/rg 2235 2nd Avenue • Greeley, Colorado 80631 * Phone (970) 352-1284 • Fax (970) 353-5865 Stan Linker, District Manager #. re WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley. CO 80631 www.weldheolittorg Septic Statement of Existing Application Number: SE -0900006 App Type: Health\Residential\Statement of Existing\na BECKY PENNINGTON Status: Recorded Applied: 01/30/2009 10564 CR 24.5 FORT LUPTON, Co 80621 Owner Name: PENN INGTON KENNETH & BECKY Parcel #: 131102000014-R0164601 Legal Desc: PT W2SE4 2-2-67 LOT A REC EXEMPT RE -2788 (37R) SITUS: 10564 24.5 CR WELD Site Address: 10624 CR 24.5 FT LUPTON, CO 80621 Additional Info: Work Description: HOUSE App Specific Info: 1/2 Bathrooms 3/4 Bathrooms Absorption Bed Size Absorption Trench Size Basement Plumbing Full Bathrooms Location Description Number of Bedrooms Number of Persons Other Public Water Supply Utility Private Water Supply Private Water Supply Permit Reference Number Public Water Supply Public Water Supply Utility Septic Tank Size Tank Material Year Installed 0 0 1250 No 2 10564 CR 24,5, FT LUPTON 3 3 Yes CWCWD 1000 CONCRETE 1997 Health Adrntrritfration %flail ltecordt ' I V t0 30.4-6410 Fiat, 970-3C4• +412 Pvbillc Health £ Clinical Services kilo.: '970 304 642C 1a i: 970-K4 6416 Environmental Health Services Tele: 970-304-641 S Fox; 97D- 3Qh#•641 ' Comrnwurtc cation, Education It nenning Tel' : 9'C -3O4-6470 Fax: 970-.304 6452 Emergency Preparedness * Response lele: 9/L- a04-64113 fox 9?L_3C4-6452 Page 1 of 1 Pnbl%iin/1kh • RESIDENTIAL ITY WASTEWATER TREA + T SYSTEM (OWES) INSTALLATION PERMIT (New or Repair) NW OR REPAIR RESIDENTIAL O i S Palau FEE • S850S0 • Ai payments an due e of application'sulnuittid; by ata (*to:kern* cant • will not be a (Site and soils evaluation,she plan and &shin doommit must PARCEL NCI.: 13 II Qaqoo �� _ (12 DIGiT NUMBER) LEGAL DsscMIN: SECTION TOWNSHIP .,._ RANGE bACRES ) b. ir SUBDIVISION LOT B BLOCK FILING laGi- gaSito INFORMATION CAN BE OBTAINED FROM ASSESSOR'S OFFICE AT () 353-3845 EXT 3650, OR ON THE COUNTY UNDER PROPERTY INFORMATION. Link to piletrW information: talt_w_v_co,weEdFCO.z 'r5vsi rt titAfOr ation SITE ADDRESS DET I DIRECTIONS TO SITE (ATTACH MAP) _ LAI PIRG" OWNER; MAILING AD FAX (__-) GnVY HOME PHONE: . 4o1-Z,JOWORKPHONE(__ EMAIL ADDRESS: wen sterz eme APPLIOThrT NAME(sient APS MAILING : HOME PHONE: ( ) EMAIL ADDRINS; PROPOSED USE: ST' Z'' iQ2)-i _ t•L• 2.Y '/z , rcr• AryICS 7nnpt, Z'0. CITY Si WORK. PR L • FAXL I �RESIDSmAL NUMBER OF FM S: .46 NUMBER OF BEDROOMS: _14 TYPE OP Sinn house, e home) AUXILIARY BUILDING ( damuse only) TYPE AND , ER OF FIXTURES (mower, sinks, I ): 1510114an Jim • NUMBER -OF PERSONS: TYPE F STRUCTURE, (fix. personal shop, pool house) WATER SOURCE: la PUBLIC WATER SUPPLY OF SUPPLY) INDPIMAL WELL i' t , #) ""TERN (WR. #) swa Neither Weld Coady any ut dawn shall be resixtalle thrthe we d, i; to this OWTS issliaiortpamtt It is the ropttawatty of theUfia te _ fi I � t the tot te' te .� =wade. are liable kthe Sior irakcpacycitheontscianwe MAW ilattnent. room eeingiaktool toskimiten Drorinta- R' 5 PLEASE DRAW ADETMLEJ) MAP TO YOUR PRCPERTY with directions from the nearest two cowl roads. roa#s. Tithe xoperiy is in a security or gated area, please indicate the code or other instructions for entry on the rnap. N Aar vie 9114-411 Cysittoll 42,117zes • Label all roads • Label subject property with address • Indicate nearby landmarks, such as businesses, structures, natural features March 06, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE: (970) 353-6100, Ext. 3527 FAX: (970) 304-6498 KENNETH WAYDE PENN INGTON 10624 COUNTY ROAD 24 1/2 FORT LUPTON, CO 80621 Subject: RECX18-0032 - 2 Lot Recorded Exemption - Denial Case On parcel(s) of land described as: PT W2SE4 SECTION 2 T2N R67W LOT B REC EXEMPT RE -4846 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Firestone at Phone Number 303-833-3291 Platteville at Phone Number 970-785-2245 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, ia:t Ryder eF�' ddick Planner Correspondence emailed to: (Check one) DATE OWNER'S SIGNATURE DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 AUTHORIZATIQN FQRNI I 14s/'\. { ;, y, ; r' ; represent x . I (Agent/Applicant located at I,d (Owner C/a, °mac. ( t 1 t- t LEGAL DESCRIPTION: SEC TNN '- RNG SUBDIVISION NAME: "r ' '" `f 4' - H.44;1 Home _`' i -3r C. I can be contacted at the following Y ,rfpr the property LOT BLK Work Email: ( -�{=- The property owner can be contacted at the following Home•' Work Email: \ Agent/Applicant A ❑ Property Owner Submit by Email Weld County Referral March 06, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: KENNETH WAYDE PENNINGTON Please Reply By: April 03, 2018 Project: 2 Lot Recorded Exemption - Denial Case Case Number: RECX18-0032 Planner: Ryder Reddick Location: South of and adjacent to CR 24.5 and approximately 0.37 miles west of CR 23 Parcel Number: 131102400087-R6777854 Legal: PT W2SE4 SECTION 2 T2N R67W LOT B REC EXEMPT RE -4846 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. T We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax MEMORANDUM TO: Ryder Reddick, Planning Services DATE: April 3, 2018 FROM: Hayley Balzano, Public Works SUBJECT: RECX18-0032 Pennington 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): 131102400087 The project proposes to: Two lot Recorded Exemption ROADS AND RIGHT-OF-WAY: County Road 24.5 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or 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. 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. ACCESS: An Access Permit application was not submitted with the application materials. Public Works has reviewed the submitted materials and provides a recommendation for access locations based on County code and safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed shared use of an existing access point meets the code & safety spacing criteria. Questions concerning access requirements can be directed to Public Works access permit division. 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 owners 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. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders Reception number. (Department of Public Works) Per Chapter 12, Article V, Section 12-5-30.F, when feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 24.5 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. 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. Show and label the preliminarily approved access point(s) and the usage types as described in the Public Works referral memo. (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. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on the plat. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (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. 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) 4. 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) 5. 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) 6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Ryder Reddick, WC Planning From: Katie Sall, Environmental Health Services Date: April 9, 2018 Re: RECX78-0032 Applicant: Pennington Environmental Health Services has reviewed this proposal to exempt one lot from a 16.2 acre parcel. Proposed lot A will consist of 4 acres and proposed lot B will consist of 12.2 acres. There is one existing residence on the proposed lot B. Proposed lot B is serviced by an existing Central Weld County Water District tap (#3107) and an existing septic (SE -0900006). Proposed lot A will be serviced by a proposed on -site wastewater treatment system and a proposed tap with CWCWD. The Environmental Health Services Division recommends the following: Prior to construction: 1. If residences or structures requiring water and sewer are constructed for proposed lot A, Weld County Septic Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The following should be included as notes on the plat: 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, located on proposed lot B, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Health Administration Vital Records Icic: W/0 304 6410 Fax: 9/0-30.1-64I2 Public Health & Clinical Services lobo: 9/0 :304 6420 Fax: 9/0-304-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health MEMORANDUM To: Ryder Reddick, Planner March 8, 2018 From: Bethany Pascoe, Zoning Compliance Officer Subject: RECX18-0032 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV17-00387) was noted. This violation was initiated due to the installation of a building with an apartment like use without first completing the necessary Weld County Zoning Permits. This case has NOT been forwarded to the County Attorney's Office; therefore, an investigation fee is NOT required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. Approval of this application would correct the outstanding Zoning violation (Mr. Pennington will still need to submit appropriate building permit applications for the 2nd residence if approved). If this application is denied, the Department of Planning Services asks that the Board forward this case to the County Attorney's Office for legal action through the County Court process, but to delay that legal action for 30 (thirty) days to allow the applicant time to remove the second single family dwelling unit. SERVICE, ILAMWURK: INILGRI I . QUALI I Submit by Email Weld County Referral March 06, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: KENNETH WAYDE PENNINGTON Please Reply By: April 03, 2018 Project: 2 Lot Recorded Exemption - Denial Case Case Number: RECX13-0032 Planner: Ryder Reddick Location: South of and adjacent to CR 24.5 and approximately 0.37 miles west of CR 23 Parcel Number; "131102400087-86777854 Legal: PT W2SE4 SECTION 2 T2N RG7W LOT B REC EXEMPT RE -4846 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Tan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Central Date 3/29/18 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax CENTRAL WELD COUNTY WATER DISTRICT March 29, 2018 Ryder Reddick Weld County Department of Planning Services Dear Mr. Reddick, Thank you for referring project RECX18-0032 -0032 to Central Weld County Water District (CWCWD) for review. As stated in the letter from CWCWD, dated February 6, 2018 and submitted with the application, water service is provided to parcel 131102400087 through tap #3107. District policy allows for water from a tap to serve multiple dwellings on a single parcel, but not multiple parcels from a single tap. Because approval of RE 1841032 will likely result in structures with existing water service being located on separate parcels, the District requests that Weld County Planning consider requiring proof of a separate water source for proposed lot A prior to approval of RE 18-003 2. If the applicant wishes to pursue purchase of a second tap, appropriate fees and documents may be submitted to the District for a water study. If the applicant wishes to pursue a well permit through the Division of Water Resources, current District policy will allow for generation of a non -opposition letter, also with submission of the appropriate fees and documents to our office. I am unable to determine from the map submitted with the application whether proposed lot B will include the physical location of the existing meter pit for tap 3107. If the recorded exemption approval results in the meter pit being displaced from the lot it serves, the landowner must provide CWCWD with an easement that includes a 10' radius of the meter pit. If the meter pit is included in an access and utility easement identified on the final recorded plat, a separate easement agreement is not necessary. If no easement is provided, the landowner may be required to relocate the meter pit at their own expense at a later date. All requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation must be satisfied prior to installation of a new tap for water service to proposed lot A. If you should need anything further, please contact the District. Thank you, it/k, 13 maamsoL.... Kathy Naibauer Central Weld County Water District 970-3524284 kathy@cwcwd.com 2235 2nd Avenue • Greeley, Colorado 80631 a Phone (970) 352-1284 • Fax (970) 353-5865 WELD COUNTY This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable, THIS MAP 15 NOT TO BE USED FOR NAVIGATION CERTIFIC.A.TE OP CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order N0,1 Puittihigton The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B of Recorded Exemption No, B11 -M-4 RE -4846 Recorded May 8, 2009 at Reception No, 3621612, being part of the W ' of the SE 1/4 of Section 2, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES Of none appear, so state): Reception No. Reception No, Reception No. Reception No. Reception No, Reception No. Reception No, Reception No. Reception No. Reception No. Reception No, Reception No. Reception No. Reception No. Reception No. 1301314, Book 1528 1831302 2027656 2040238 2115046 2424927 2797246 2823203 2823205 2833380 2898950 3485659 3621611 3621612 3811638 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 23rd day of February, 2018 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY M APR lb" 1959 at rrrr,;,s YNYI V W IL.Yavian 1• Y1. q 1:W, 1,..r..oamot,.a ap••i„G;::iii WN ..l _i ` 1 • 141 , is PAGE 1/It) Reception �y ��.y11#��,.tt r ..1�` ��}1 ��y y7 �i 1J �• •ltitft: l tir�n-�iwY.A n.a().1 ...,, ''' . W.a...... �1[p�c F. G I. J4. i. ia.... i��*torr�"'i: i tl latch �1/..itlec1YL Vic Cs idt 'co Nt4L ESTATE. COMYEE i' T o 5 DEEnf Made this 3 O , day of Al 4 i fre ed? the year e f our Lord ono thounand clime hundred and fifty—nine bemoan GEORGE E. APPLE and KATIE APPLE of the Comity of We l d Colorado, of the first pan, and CLIFTON WISSLER and A-NCES ,t, WISS .ER of Lirc and State of . RECORDER'S STAMP County of Weld and State of Colorado, of the second pin: WJTNE§SB1'}IF that the said part les uE the Urn part, Ear and in consideration at the Mini of me. » Ten Dollors:and other good and valuable considerations- , LO the said p;trt l as of the first part Iii hand paid by the said parties or the second purl, the receipt whereof is hereby conlesked and actratawledgedr hove granted, bargained, sold and convoyed, and by those presents do grant, bargain, sa11, convey end confirm unto ilia said trartacs of the eecond part, their heirs and Assigns forever, not in tenancy In common but 1n Joint tenancy, all rho following described lot or parcel of Hand, situate, lying and being hi the County of Weld and State of Colorado,, to•wit: The WI of the SEk of Section 2 in Township 2 North, of Range 67 West of the 6th P.M., subsequent to March 16, 1954, at 845 o'clock A.M.; EXCEPTING a tract of land describe as beginning In the Northwest corner of the Wi of the SE* of said section; thence South 195 feet; thence East 105 feet; thence North 108 feet; thence East 30 feet; thence North 87 feet to the north boundary line of the Wi of the SEk of said section; thence West 135 feet to the point of beginning, Containing 79.5 acres, more or less according to the United States Government Survey thereof, TOGETHER with I share of the capital stock of The Lupton Bottom Ditch Company, and TOGETHER with all water rights and al S wells and equipment used for the irrigation o€ said land, 1 TOGETHER with all awl singular the hert:dltentents anti nppm ,Lances tttcrt1tu10 i}eloitg;ing, or in untwist appertaining, rind the rertit!riliall and revtrsiolls, remainder and remainders, rents, issues end profits 11hercn ll nnil all kite estate, right, title, interest, claim and demand whatsoever of the said part l e5 of th c first part, either in law Or equity, or, in nntl to the above hargoineci premises, with Lim heredittunen is and Appurtenances, TO HAVE AND TO BOLD the said premlacs above bargained and described, with the r1 ptwi eitinlaces, unto the said pasties or the Second part, their heir and assigns (ureter. Aiid the mild parties of the first part, for thenni yes , their heirs, executors, anti administrators do commit, grant, bargain and ngrue to and with the said partlea of the sacriiui dart, their heirs and assigns, that at the lime of the cnsentilrg and delivery or these proselyte they are wen seized of the practises above coaiyny9ej, ni good, sore, perfect, abaoIttte rind ierdefeaschit; estate or inheritance, in 'aye, in roc simple, attic 1iaVe good right, fun, power and lawful authority to grant, bargain sell and convey the sante in manor and form t;(orczai d, and tiiut the saint are free and clear from nil former and other grants, bncg.if ns, wales, liens, of iii in imbranee of ivhatc cr cint or nal rc saner,. . fme dto the grantors one boll of alt art, gas and other minerals. Subject to all and xis lease of record,iond hereby asstgninv a one half interest therein, MBid (Ito ;drove bargained premises in the quiet and peaceable possession of the said parties of Chu second part, their licks nlls�w .11�1lti. is icl assigns, against all and every person or persane lawfully claiming or to claim the whole or any part thereof, the said 1 es crf the first part shall and will WARRANT AND FOREVER. DEIFEND. IN WITNESS WHEREOF the said parties of the first hurt ha vs hereunto tat kris i oiand 5 cud sent s the cloy and year lint above ;vrltteii, Signed, Sealed and Delivered in the Pret►tiICi5 4:If • . ten. . r.. 1 � .w M r" c�1111e forettairi.g Instrument was acknowledged before ice Lids ' r dny or . 19 5-,:y;b.*„ GEORGE F. APPLE and KATIE APPLE. - tr • rjje,1,f s r�lj,t't' e `'j7+t ref• tt w m t•t1-tr tree.^• -•-• ... iw.i/ 1 - .Y • eelerde E. :tine itiglIC d erbu a W...... -.....n tS11 A U w.w.-.lS11+ ..1. II1....'.+,t.1..■ 1.. U + ....... STriA►T2 OF C0L0RADO,+C+I County f,'! e 1 rj 1• $ • . dry? 'ahissiort expires in 'Li, ci r 1.! -,-, ... B -, :o. .,.+a c+ ,i err p l i 19 F Witness my hand and official seal, (22156 Egar tie c.J I, [SEAL] 9 17fF ii p 1'.77lssnirT ��.,,.{{,��.��1�F6. flath,F ie.li111=. j No 011, et nitre tr1' bmeo—toJpttn1 Twirl lerndlteul-itabf )u, flr'1 t6,, Lim. 3Thtaefi�p.r�"� �■t Litmrylue IS24't4 Statttn.,, VCta.F uiriati r "ll e natural canton Cr,fl nsons hate insert rinenro or ma -mini It Fps° Damon tontine in- rsnrfialomoti,Yn or ritll:lot cnp�wnhciy or n,n c.itornoyahc•taei, thun insert canto of portion as mxceuior. iticrn*Elkin-lri•ract or (other capacity or deypr piton: it hr nrtl`er at ear - porn thy,. then ins -art narn-e t .somata uttLLcor air cttr dry,. as ddmra L don` or tabor otfn or much corporation. n� iniisg It..-8tniurnry. ti cLraLptafnt,utnatit, Ste, 1134.1 Colorado Rattled Scalutus JAIL SKIM? Inc, LG 3KL1320 9 'WE 1301314-4959.001 IM a ; i t a n i■s 4 •• • 60 k Heeordtld bt ,1,..,.11ra,•1a.e•0 •o'clock Rucepiliin 1831302. /./ STATIC Qty COLORADO, /.ttMri1i•Ii 41111194•11C ountofIl. 1Ilia • illiEt7Q}.•I•II 1 l•i a •a.Y••.I' kOHO •a a»laliilji eaa.• o:•, Ija,.TIfl...•Y low In the matter of the title to SUPPLEMENTAL AFFIDAVIT. real property in joint tenancy. l !�1 I 1�lwI��l�ta■ first F�il/nplti •-•••11. il►•rH•9f••••••1•.•...•■li9f.f/aif ituPeuiie111ni..9Mf!# being first duly It W?O1 % STAMP • a.iii.ii • a►1�•.• • went upon oath, der H sc 1 anti says, that ,.,,„..he is, of legal age nuid has personni knowledge of the tact thin • 1 ■j ,J1,� C 1 i f to n. W, s s 1 e r l +�1sa�l•. l/1!Y,� ��y1A;, l��•�,�■• • as., l y •.•t9 •• I•tl ••e.• NtMI•a9•i :1••1•f�i Itu... .141* -err akf■. ••ri.,e•41141•1414,11141•84.0 7.7 he wl'l�w rl person .•• •r.NH 1Y19i.t1e9r 14ilel ctf I • • • • I •.1,. f •• 11 f..t., . • ... , •t ■ a . rref erro l to in the att hed copy of the 'Death Certificate, l ertifi d - • I . I . . • p ► I 1 L I • to by the State Ile Igi trn r of Vital Statistic of the Stateof Coloradoiton th 7.1119.9r 99. ttil r*It1.9lift M of October • 991•4•44111 ••91•• .•f .....• of lafi.••t•• lit •I .. ,c. .t b fr.41..•.. ra.r r a I 197 ...1 and wus nt the time of h4s,,, death en the.... 49th Tr, ••-. pet !, •r •••r •..d • ?9 I the owner in joint tenancy ii NthsoarsFrances J f1 i ssl er .. • . • I . l l •, ■ ■ 'saw • . •• t • ■ a g. ■ 9 l 1 r p • a l ■ . • f 9 • • ■ 9 i 1 r • Dad •"r a. tap ••r.■■ a..•,I.• r••rm••m1•ar, it mar••nun ra■rr 'pa is* • ems •aa•a I nisi •.lip •a•i•a•-••e.•••.r.•••••al1•••..•■a•Y•Pet •UI••■•.• Ib1•a•••aaa••m•••In••••kn. a I•••Fla1•••mi.a•■•a of the following described real property Mlit uate' In the ■ 1• _ ▪ ..a ., ..County fit .•.•.... , and State of Colorado, to wit s Th e W of to a E4 o f tec 9.2 i p i• North f . M . • a . • ■ ■ • . • ■ a l I . i . a • rat 1 l ! • • • f ■ • • tea I • . ► i• • . = • e •a .. nip .. \ a • e • . • . • • • • l • • e l l t • l . a . • i • a 1 Y 1 • i i • .. a ■ d a �. i i 1 111 9 .l I * 1 4 i l t Range 67 West of the 6th P.M. I I a•■■9•o••••'••.n•Ir•mina el a.•a•..a••aa•e.... i.. • •• • ••••q r-iena..ei. a• .all••r- 'of Ilia •Pal/f..-'.'■ip•rq••••a••••U.•.9d.•••••.•S ...•• • ' S e • i e! In • Ira a • i . • e . • . • a • • • • a • m • • • • • . • 1 a . • ...op • .. • • • •• 100 • sop . ass •• a i s ..... a I II . Y as r.. • •a • ors • p••• t • a 04 • • •9 • I a+•i . .. i:l.al•I,i:. ... .:.►l.:i q►ia•.•• us 4404 as.t!.••M.•a ."M+ •••rl 1a+•ill 9•• •a•M•••••Ala•••••+lil*I oil•iq!'iii111••e.wp•■vassal' • gala, .. •••••• .... • .... - a. • .. m • .... • 1••••••••• , • l l • I ..1 o i 1 I .R .late p•■ an ••• Noma ' •llx..f•il••....••.tbata •IIles • •r :•.•1I.••q salt ••:l , ► • • • :. g. a a •. a* salty 414 • • some. -i Ott. . • 1 • • • • ■ • e • • r a• And that... ..... ihe bias no reeor►i iittere:t 'in skid real property, 1• , 11 E ri°. • • ,,,,��A�� 9�� And 1� 1 y raj �� j }� `•ikel ifrO• a 'Y'f+'b t nd And SWO I'U ti• lie f uve MO this... p e�ij f b'd ap • II j• 7 • • • . , C` it •. . Or - (A, Pi/Bitt 0 rIII r 1 q' : oe; . F f, itr 1, .1c1' `II •e tar • •J.i1!• 1 49al111te•.4..■ •p•.■.•aa.a •tai ••t+Y M9T••.f •9.19••�•u4 . .. .M ••Ara••• •►'a. a a as. Y •I•••••••••••••• pie a■eaism ■I.••. ■a•a ,i 1• .•i•.•f9q.• qfl r1W•F • • II .. Y I a r a. l 11llr�I•l.t'a. ■ PI e01 n, •• i I • • a • tI 1 , rJ 1 afr w L •}`}• Il��l �j, (J •• to •:1.4 i�71 q•T •i.� . g• r If• I IITI ',IV •• ei•A 041 I& r Il•• . t' our ••• •!r rr•ra•�! '. i Ctie .` •+t • 1•r•!•4 lo N.... i . a . . a . •.. .. , :..:. R $ fag.. • . a .— /. a ■ 4414 P, ." L � r is •'� b �• �l { T ' ',' i i e , I.• i ..ka. .62 f r • . • Palls • I .. • . I I • . • I e . • r ■ I .. r r ■ i a l e e a ■ e . 9. • 9. • • • • re so%I.•s Hare ['Millie. Nft 9M. n49. C7, sunlit f,)1;t•I. -'T'A I ► A r'v'illt % '•' 1m lb. MiI1 i trip snrp t 11i,, :710111 J/9illithlii nK' 4 rlt 1i+4414$ awut $1.tin . Deane. I,Isrrde I i • I G a' • { 1 • •I 1 • i • 1 1 7 I • I i • • 0I •I • I 1 I • • ii . • • 4. 1 I P • I • ' I• • • 1 a • • I ti r a Y. SEGO, Inc, LG 8KL13209 WE 1031302-1980.001 • i a MA▪ ia� • R •w•Y e v I` • y a:• Sl• JAW rS�7sr9�itt.ee.4� " P, s - f ,�. af,,,.e�_eY �.` 0.••71411i.•�.af,� • �i�'"k,.5'•,�;r'. E - ?. "e �. ._ I '' • eN i . t err . ` a " �'t' a 'r�f`•.I e}4 r ° • t •. ■ i - 71, ••f,}ir '• a �aet ' a , c ' ?'4t GM a•'!r -ILA . _ .1-� ••Y'f'r•i v_�Li'L •y I" •' .' _ z •1/4._f; _ r.. Y e• • F. I •,• . - !• ./1 p a o :- 'soils, - �i4aa e a $ �A rw ash Er. . 'so~a ti! 'ef�•�� ap, �.. em's .• q �.�! , - �( r• Y'• TT ` '•ffj��jis�v[}j a ria ior'/p�p +ns w",fiTi eti t it n;t •3�1 . � '_e1i �. 7_w. �t.'Sl�-asi i- 'Ll�"�3..: 1-JL r; tar s !• ori.lea M� a= u n 7y.Ss, � �'4'{ .e.g^2. �., i H .....a.," Jim — • ��r« 8 1007 EC 0 276 1 R 0 G 10 0? 05 14*52 $6.00 1/002 -' a err it • ",t"�' • s �' F 0 5 03 MARY ANN FEUZRETEIV CLERK & RECORDER WELD CO, CO 4 . yy}' l-�?..' �. I -nr is e w of r e .4r 11 J I. f s• . 6 l tor 'pee . . .-toL/'+'`a.t.W'i rill rea iy' `�f 1 • -9 -novas a -. - I IC • a- tar ■ , . a u 4a ' °�j• ••8s e• . 1 r • El 1087 B EC 02027656 10/07/85 14:52 $6.OO 2/002 F O504 MARY ANN PEUER$TErN CLERK & RECORDER WELD Cop CO. I ' _ a. I _" i t • •• •`• • � 4 a • • P' rr i r its.I : r 4O." • ,e1tiriswe *IL le ..etZtt.4i..;11 II 44. 7 p t 4 .•' •° • v -Y :' Y 4 f'M'.rei4r I riAr• 14- Tr r M�!f• • • —7m. -4442.6 ;.J 'T -r ,l�aj ir•'.Y �_�IP.-,Yt— �j.. •.' 7 r,7 Mc ff t }f•i la‘ •a av-11 .'^. ,1 �� •:Y � ' -ne asT sig. s ft + a, - • tlir i,• r i_c -a_JM �- • A R 20 +# 11 23 6 Paco Rece,. B _113 8 99 MARY ABM F__�ESTE IN CLE 6 'i 09 CO BF -LLD CO. CO r tl J._-rl-.-•••s _� - • a _ 9 , iniSimame WARRANTY DEED TUIS D ED, Made this 16thday of January between prances J, Wiasier .3 IX of the County of Wald and State of Colorado, of the first part, and Jill A. Dever and 1 A. Diver whoselei addrns is 10564 Wald Cduaty load 24 1/2, arise Ft. Lupton County of field and State of Colorado, of the wand part: FILINGSTAMP P Sligo liIE t ryitM? Fie ba\'irlL'f3 W1TNESSE•THi, tint the bald poly of the first port, for and in consideration arthe sum of EIXTY�NINE THOUSAND . �=1 S DOLLARS and other good and valuable considerations to the raid party of the first part In hand paid by the amid parties of the second part, the receipt whereof is hereby contested and aeknawtedged, rtes granted, bargrdned, sold and conveyed, and by -these presents don #rent, bargain, sell, convey and confirm unto the said parties of nv'ond part, their heirs and saslpna rim -over, mil In fanaticy hi common but In jol r't t oil awl , all tlu+st fMMlcwtngdiatribed lot or p.sreel of farad, s;itunte.iying and bctragin the County of Weld and State of Colorado, tow►til Iota A and bp of &carded Exs ption Ib. 1311 -2 -4• --HE n3 raboicied October 7, 1985 in Bock 1087 as Reception No. 2027656, being part of the W ]J2 of the EE 1/2 of Section 2, Ttrreinuhip 2 North, Fag 67qt of the 6th L *M, sin known n street and number 10564 TATeld County Road 24 1/2, Ft, - Lupton; CO 80621 TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or In anywise apper- taining and the reversion and rwr mane. remainder and remainders, rents, issues and profits thereat end all the ratite, right, title, interact, claim and dertaand whatsoever of the said party pithy first part, either in low or equity. of, in and to the above bargained premises, with the hereditament' and appurtenance TO HAVE AND TO HOLD the said prrmi■eM above bargained and described, with the appurtenances, unto the said partly* of the tend port, their heirs and assigns forever. And the said party at the first part, for himself, hie helms, executors, and adrninIstrator., dace covenant, grant, bargain and ngreetu and with the said push.. ofthe second part, their heirs and assigns, that at the time of the enaealing said deliver of these presentss he re well setsad of the promises above conveyed, as or goad, sure, perfect, absolute and Indefeasible estate of lnherftanee.In law, In fee simple, and has goad right, lull power and lawful authority to grant, bargain, sell And convey the same In manner and ream aforesaid. and that the same are free and clear from all forme mid other giants, burg in', ,efts . lens, taxes, a si. rnenta and en ur,flrt' :ir a ate t• i t-,A.yggar' ', in s 19291863, and jet in of re W. t uen1 recorded y2 84 k w', re . 1965166. Yrari, �sler agrees to indemnify the buyers and had than harmless an these judgmental. And =wept awlid, ena:thrarea 4. reservations or rights -of -way of record or in use; and the above bargained promise in the quiet and peaceable possession of the said parties of the second part, the survivor of them. their pssla•ns and the heir -a and assirnw of such survivor, against all and sear} parson or perverts lawfully alal mttagor tc claim thin vncale or any part thereof, the said party of thu fine part shall and vii] WARRANT AND FOREVER DEFEND. The sinicular number shall include the plural, the plural the singular, end the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF the said party of the first par#. has lb ircunto set hi s hand and teal the day and year Lust above written. Signed, scaled and Delivered in the Fresenceof ii"- el ihrsitree/ [SEAN STATE OF COLORADO O ITI Coyntyof der The frar+ goinie instrument wail acknowledged before me this 16th b}, FrEinces ,J, Wtsaler0 MY171 mission e Inks: P rile.19 tr. . y • , Witness my hi *_ 4l print-li vez .'•• , ' * .ate•-irrst _ .I •• 'lc.. "..id _. iI m • +I ISEALI M PEA Ll' day or ,lan0.l7 J 1Qia 1707 it Main St Na. flit look R IR N1 * . "� ' i ; ' -Coo Olin V nil and ford Pi IP i.M rip, ICL1 W. k i r.. Lad Md4 ca eau —inn ! u i • ,•,1 i' •• I , `w. -L Y• ! •;r ik• SLID, Inc, LS 9KL1320 9 WE 2040238-1986.001 J x• f .• jr r I N ' ' + r S W - '• • r -- S• • I: ..21i • Y • --. Y' • -A • I • 1.'j°i r'" r r, e 1.74 .,,,.. is •' a. 4 t - el Y _ 411 AR211 Ooh — B 1171 •RBC 02115046 09121/17 14:20 p3.00 1/001 P 0134 NARY ANN PEUERSTEIN CLEM A RECORDER WNWCO) Co Y •.nw I THIS DEED is 0 c-ra !wav O tbt rue ptopady de bed Wow. including any in proyerrnmnia and yaw' $ Mp SfiAr (11 14 "p4tpderntramheIndddd.u,1(E).}et rm14241 (PI } Mir t tl a+?ti A CrthdrCirrti ) kW" rallf ala FlAjkfraII!wwt a 111(11ei&u,aiCs) et tatty Cam) nsrnS ben as G Rii11 N T EE Thai GRANTOf ha+bbyr sods aura rJ tamers the prlopttltrt %) the GRA 4T E E .rata nv o GRANT Oil two Me 1"1it tee taw peopeity, ai epl to; (I M Nio Ii rtt ttte i fs p reopen," mei for theysr tar this cleatd., with the G RANTEE yreill pay iZ) any aid ri®I' L&OO wir shown of to d (3) any psSn't ressivati nosand fendoptioni i) any t 4rn1 Lng mineral rail Wtirrlitg fibers of record (5) any pul4dh* 00404 SAW era ti raory edcns shown cal ter.ord, anti ifil 91 NT et deb ;MN ennui i1'►etra turd ".4dr rt nii Weerwity Th. Sipmellc TIMMS Of TM Med Grin{Gs n -a4m am ptaa•{spof main= J rim cos DP Itia aarnastratacwirs Diem; In titlia tuna in missal hamiamma ticiegt Id+kVi yr wanton n Sap Ind wtra-1 Darrel A. k ver and Jill A. Dever 10522 V.C.R. #i43/4 Fort Lupton, CO 80621 I. Onarrhar 10ha morta(lan4 maidaasfaa); II—Wt+M'TS il 04 Mid MM. Waal MISS r4+d r,..$ tot+'ii NSISIOD IJnit,,cild Forchette and Jacque L. Fo-rchetts 10564 W.C.I. #241 Fort Lupton, CO 90$21 POI*1 lot Cobeimanillapc p4 Ikea as Si as ASS girasisma sea dinarmakindS tua • as i narwta irrsonnnsswil was a III In :41 In Joint Tenancy ,iIS in'erniani el Oil amid assaninp are added in the lam Ihn.Y Piesterly Dinsiiplibte 4 Inc We Maly aM Lot A and B of Recorded Exemption No- 1311e2wAm ! 773, recorded October 7, 1985 in look 1067, YS Reception No. 2027655, being part of the W4 of the 5Eit Of Section 2, Township 2 North, Range 57 West of the 6th P.M., Weld.County, Colorado. Pro' sf Address Co s it BD ii Irrkend.,Thinecis.sawr IMICuird It 'it co ti ; allagars.lir cowl a ue Mss Lae *Ii3 v Lsa renun+ad Wit& WA a04'19W14:1.r+ i t lerair S a a 01 11:14n arty as dile alifintla 4 alm o low Mal MS rrrt �rtrrry Sixty -Nine thousand and no/ IOD Dollars. ($8,000.00) R IIIIII St GRANTOti mew to moan. any Mimi in this proper rartd trn ry lass than hi gait, writ 11ta MAN ON is middle)* rte p RANTLaS tram to ma prat arty. nmaia app«opSul .kid rarttxl.t AiStedOnal Warallity Scnptiona: (+nabulla dieda al Ina Wog mansark Say shag ra Ml -aW ISPea,) I 114 bar MO GISMO( ail I t c M L7 t I g 17 * Irwin Clam too CS P.Palrapablp aK hanaalire Its el Grantor: CapgreI'tan, P rkwa4 airAaearti■1 Dora av AsierYip STATE OF COLORADO M a COUNTY OF We Id tl nor lowaoltq bend ran ociemriaini din MIS ar' Darrsl A. Dever and Jill A. Dever i . f +d &two clfr a l �d' �tria TATE OF } COUNTY Of J; The rvrage rr" irr4'iaryr5l or seapawiddgad Watt arm t I+IaI 0'11 II Jil 4t A }. Duce r builhimallik 4 galtritar Girtantot 17th Nil DI Ii II .;44 M40 t t t;..'angi, • Smeta. V a F Y h F. ail r .rte titiThaD0a t t3ra 1st Wit Giants( i cpacaitvrl. Pwla p Q* Assiociatkin. t tiliri fA &Old Wb Pinata ta+ •ba PIDIdnall eel or alzi143n'ti a4t;reu ry I corps -embalm w us psrtnciLii Dr inrlarrieN ¢ larked r►..nbaiiy ci p WTI NESS Mt rind and ask ail, Mtn tPintlikle fripieW • SW UPDATE LOOM. PO Mill P.Ob sum1 itl! - Gull,. Careened law, 1of a a tt. s I = C l • • • Mg — SIaD, Inc. LG $FCL13209 WT 211504641907.001 ROAD 21 1/2 siliI! 111 r r — 7114,1111 fl OVON AINE103 'Q13M ;if! }e 27+431 — go ;ti Hi ,a? All I LI Kenna MAI 1* V C i i Co 0 Fri CA 00 til war —' NNW Pi toji!I 4;0 g41. gte — rs — :s a . ONSS eirr n Asa i :stlA Wirt r +.f VP a1, j� 1 a f /� I, .ate f; am r • WELD COUNTY R 4C 23 San, Inc, LS $K.L13209 n 2424927-1995,001 a •ell i ad. loklito. M I11ItId!III! gi� !ill Iii; ii ish 141 Ogill:hiivilil l Oh IP 'in l U li ■ !Lk 4 It2iiiiii1: iii fPAge i 1 11; : if al 9 11 dil HH �I -1i ITO re. C) 0 C 0 ilK) 140 0 Ili sit Pw4 rrIX in 03 ren nom .62 tizh, C+7 ;P:),T E� an I ri z C i' C J rn 0 x 0 z z £L LJd-t--Z-U1 CL d b gcti :gi "11:f a_ I j I porn"! — Maw MOT WWII —17.'] INICCItgre rr U •t -- 244 w 14 511ii iq 213 Ai WW1 - 'o"l�' — quits libr ileapoiqopOtioashikdo h ;pimp ;:hisitiklii111111411111;11i;ithi:C;111 ;i10E dipA age kit Dwil0 Ilin I rill 14s I Vinlical ;aRlr t 0 liiih gibliii554411 1/440;4014 !II it 101; oidoent ?pi qi Ai(F ip2 P itgli;Bapi is? !plOhlihiLl 44 is I gel ai 11 PI, imp ozgi 411. • 43 4 i gbr !! hpl f34 e pi lb irg, in lila 011 5101 pop I aou`r°21 z i4b I :pal 14p5 S ppp-i es — m°. terlf th Lei V e Ertl sae liP ru! to Iflt za -14 1110 11' p 011 pall III pp inn q‘2 i:i 114I rall r 41 gi: ?1,,dai Pi a Ili IC Nan i� f wim CA 0 CZ an Ern= ritrin •Ni en Pima; 0 rmal 0 -ct cn P rib Ti o > Pirg rrl Me - 7O REORDER EXEMPTION O. 99 ‘3 I1 fr LLft S ler 9Z01,4 SKID, Inc. LG 8 L13209M WE 2797246-2000.001 w F r 1 r1 J I e e i c2 t J 1111111111111111111 �uii �u �u�u � u�� iII I [I33SO.7 At/0P1IEYf ai.I2P JA iaW T�uhmyp 1 W 1 P 8.00 0 ll.W WWd Coupy CO WARRANTY 'DEED THIS CRUD, Made this 'let d*y of January, 2001 between Donald Porchette and Jacque Ls Porchette of the County of Weld and State cat Colorado, grantor, and Donald M Vcktier and Lois M. vynokier whose legal address is 10664 WC* 24,50 Fort Lupton, colorada 60621 of the County of Weld and State of Colorado, grantees t WVPNZSS that the rgrantor for and in uonsldfratioa of the sum of THREE HUNDRED urvnn'.f'r P MgMM. AND 00/100, { 375, 0004 00) L+al .tee t the receipt and sufficiency of which Le hereby acknowledged, hrs granted, bargained, sold and conveyed, end by these presents, does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, not in tenancy incommon but in JOINT Ty, all real property. together with improvements, if may, situate, lying andbeing in the County of Weld and State of Colorado, described an follows': Lots A and B of Recorded Exemption Nb, 1311-2-4-R227580 recorded October 2, 2000 as Reception No. 2797246, being a part of the W1/2 of the SE1/I of Section 2, Township 2 North, Range 47 West of the Gth P.M.. County of Weld, State of Colorado, also known by street end number s* 10554 WCR 24.5, Fort Lupton' Colorado 80621 TWIT= with all and singular the hereditament, and appurtenances thereunto belonging. or in anywise appertaining sad ths reversion and rsva'raion.r remainder and remainders, rents, inputs and profits thereof, and ell the estate, right, title, interest, claim and demand whatsoever of the grantor. either in law or equity, of, in and to the nave bargained premise., with the hereditament" and, appurtenances. TO UAVA AND TO HOW the said premixes above bargained and described, with the appurtenances, unto the grantees,, their heirs and assigns for•eve.r, And the grain.tor, for himself. hie heirs and personal representatives, dome covenant, grant, bargain. and agree to and with the grantees, their heirs end *soigne, that at the tin cf the annealing and delivery of these presents', he is well seined of the promises above ccc.na. sd. has good, a+t r•si perfect, absolute and indefeasible estate of inheritance, in law, in to stele, and has good right. full power and .lawful authority to grant,. bargain, sell and convey the ease in mower and form aforesaid, and that the same ore free and clear from all former and other granter bargainer alas, lione, tames, assessmsatsx encumbrances sad restrictions of whatever kind or nature salver, except general taxes for 2001 and aub©equenL years P except easements. reatri.c•tionn, covenants. conditions, reaervatione and rights of way of record, if any j she grantor shall and will WARRANT AND FOXTill in the quiet and peaceable pasareeniou of the grantee motion all and *very person or persona lawfully tee thereof* The singular number shall include the plural, of any gender shall be applicable to all genders« XR' M=TOSS Witillat the grantor has executed th STATE or COLORADO County of Weld SN, the abov►swbtrgainrd premi.en se their heirs and assigns* iming the whole ©r any part viral „ a, nicer and the use fo . CAM O B . The foregoing instrument was acknowledged before the this 31st day of Jaraua►ry, 2002 by Donald F'orchetto and Jacque L. Porchette Witness Wy co ho • ,.- n tit WM-r- hand and official seal. on 'SAPS NOTAR is South 4th Avenue Brighton, COLORADO S0541 SKLD, Inc, LG SZCL13209 WE 2823203.-20011001 e or �Y��j�� iwiji j 0�Y 12P �� yId Taoksmalo 1 at 1 5,00 D 0.i00 Weld Copgb' CO QUIT CLAIM' DEED min Clam, Made this 31st day of 3anuarY, 2001 between Donald MI Vynckter and. Lois M, Vyncki er of the County of Weld and State of Colorado, grantor,and Donald M. Vynckier or Louis Pt Vynckier, Trustees, or their succeeaOra its trust, under the Vynoki er Living Trust dated June 0, 1 fl9 and any amendments thereto whose legal address in , of the Coanty of weld and State of Colorado, grantees e WITNUSSTE, That the grantor (a) for end in consideration of the gum of 00/100. ($1.UO) Dollars, the receipt and eufficieccy of which is hereby aoknowiedgsd, have remised, released, sold and QUIT CLAD, and by theme presents t eir remiss. release, sell and QUIT CLAIM unto the rentne� (s) , have heirs, aneom aor■ and assigns forever. r11 right, title, interest, air f and demand which the grantor(*) their in and to the real property, together with improvements. if toy. situate, lying and being in the County of Weld and State of Colorado, d.krdribsd as €ollows e Lote A and S of Recorded Exemption No* 1311.2-4-R107S80 recorded October 2, 2000 as Reception No, 27972460 being a part of the W1/2 of the SS1 /4 of Section 2, Township 3 North, Range 67 West of the 5th PILE County of Weld, State of calarada, also known by street and nuter as 10564 WCR 24.5, Fort Lupton, Colorado 80621 TO WM AHD TO BALD the game, together with all and singular appurtenances end privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim wba,tooevsrr of the granter (s) , either in law or equity, to the only .'roper use, benefit andbehoof of the grantee (a) , ban hair. and assigns forever. I lT WITlr1ZUp WRRRJOL, Th.i grantor(s) ST'AT'E OP COLORADO, County of Weld executed this deed on the date set tarth Donald M. vynokier fib 1' _ Lein M. Vynokie • SA. The foregoing instrument was acknowledged before me this net day of Jsnaery, 3001, by Donald M. Vynekier and Lodes M • v'ynokier wi tines my hand and official seal, --expire OTAR IS South 4th AVe?Yue Brighton, COLORADO 80601 I ra. SKLD, Inc, la SR.L132Q9 VC 28232Q5 --2001.00i N • 111111111111111111k 11111 N 3 So 03.119081 01:57P JA add Toulcamata 1 al 1 R 5.00 D D.d-O Weld Gomm mQ QUIT CLAI N DEED TSt$ Mimi Made this 7th day of March, 2001 between Donald M. Vynokiar and Lois N, Vflokiar of the Comity of Weld and 'State of Colorado Lkltlaal�� r Vynokier or Lois M4 r► ��amtor.a theDon ld Mr er Livingntkisr, Mateo, or their successors in trust, under `rust doted s 9► 1999 and any any amendments thereto. whose legal address S. +13'86 WCR 10, Ft. L+upta;an,r Ca 00621 of the County of 11*14 and State of Co1C+raa4o, antsas; a rza■njg, ghat eke r for l s) fur and in ooaaiderattLon of the •t'asa et .m AND c0/1000. (11.0D) Dollars, the aa: oae ipt and as lliciscoy of which is her has =��aad, released, . sold and hereby ■a,ie., laetSed. re ►sari► soli and Q'Qf cram +uali sraatn . , tts bun, presents do xadss► forever' all right, titler interests 4 a which thaw oar and aaei av■ to the real property, ether with is if ereaastogIiN d. have no and the County of 'Weld sad State of Colorado. described as folic situate, lying and holing is Lots A and S of Recorded gumption No, 1311-244-222799. recorded Catcher 2, 200o .aa Reception Ho. 2797341, being 4 part of the Wt/2 of the 621)4 of section 2, Township 2 North, Range 67 West of the 6th P.M., Catty of Weds State of Colorado, **correction Deed** also known by street and nor as l0,64 SCI 24.3, Fort Lupton, coloredo 80621 TO of Amp To goLD the ease, together with all and singular air appurtenances 'privileges thsrounto b.La ing or 1n ait lse, tbn a,ts ertatni� ,and alh ■ $ estate, right, title, interest and 'gain whatsoever, of 'flantarW i either in ley or liquify. to the y proper uses, bssastit axed bshoof of that Srantq iii . its heirs and asst gu■ forever. m MTmo may, flu g antot' I s) ban eamauted this deed en the date set forth above. f DonaldN. BTM S OP COLORADO, County of sold by bald > ', VIPnckier and is Hp Vynckier MO.932. . Rev. 1r86 .1rt rn' nil; as. The foregoing instrument was acknowledged before me this 7th day of March, 3001, Witness! m' hand and official seals my commission expires Y LIC 15 South 4th Aventie Brighton, COLORADO 90601 Bank a Colorado OK 4th Street Fla Box 228 Vett U GO 80621 II I 0 9F_ t T T--e!.Fibw ,af+rl.a SECJD, Inc. LG 3KL13 09 '3 2833300-2001,001 111111111111111111! flUICIi�Nlf��I1hlid ai t e BID o so.m w�a wu�ry o0 A•a.r. • . - • • • . ". a — ... 1 . • o•. • .. • • Cr T. ,. ...a... .. .. u.. — e uo G 1 i far r or•d the day oT 4+t•0, at !oretacic_,_, M. RECORDER an Mo. ��.„. ByIj6° a • T,T i 09. _ -- - e WASRANTY DEED i. nog DEED, MS,an MCI S' et i * p. bit awn of the ,M`� �t DONALD Mt VYillCIQBR GK. LOSS , T R� % ! int UNDER THE Nulty Of end Wits 0 �e�� VYNCIWIR LIVING TRUST DATED WM 1r ) 999 •f Ekf lrwiter(dlt, sS I w ..,., ,.,,,� ,,� a.1_'.A�....___ MARX D. MU • D REir X 1) REINA At Wf Mtd �ei��at�ae COOL rew+`igirira.eih lei a atDI9i1 • _r, ---.1 .i r ItY a aile a rt il e e; M WI'iI' 88, That the Brentur(e), "R Tai Hu adraj TThovnnd and the receipt and swificieney w# presents does grant, bargain, not In tenancy to common but lying and icing in the 00/100 which moil, Ui joint for and i n Dane *i0 is herebyacknowledged, convoy and confirm temanotrr ell County of I derati an unto she the rest property, %quo of the inn at I hesgrantee bargained, ®ranese sl, their together as Stet* 3300,000.00 ) DOLLARS sold and conveyed, end by On. heirs mod assigns for'.v►rr, . with Crprevamannmr if any, eituate4 of Colereder described at felicity Wi' A OF RECORDED EXEMPTION NO. 11,114:44.112788, RECkIDRDED OCTX3BAR 2,, 2000 AS RBCEPTION NO. 2797246, BEI O A PART OF mg w la OP DIE SEIM Md OP SECTION I TOWNSHIP I NORM. KAN r .. t •e * • :. - t, I P. Iva. , COUNTY OF WELD, STATE OF COLORADO ., D• . _. .p IA tix 'Leo known TOOKTITER lend the tit4'a praises, T their heirs hernia. of thous ecttate sell and grants, Roi street maker with it reversion and reversion% Intereet, claim wild with the hereldttimentt RAVE A.NOTO HOLD are usignna wvii agree to Ind presents, he is of inheritance, in rorvty trio tern bei+raeins, sites, forever. In l aS decord with well taw, manner ite* the 0584WW D singular= and' remainder whatt►oover rni sirtyes; salad prositss Ih.e Greet*rli), the aranteoti), seised of the In fee simple, trod farm teats, essatsent1, KtY hereditament, end of the above their premium and ie a fa�rni R resainchr•sm ii for here encumbrances 241ST IOR7 and appurtenances rent.r 'entorAla?', bargained end himalf, his heirs and above conveyed: ®end right., ld, end that LIPTON. therteta tomes end wither 1n lea described heirs S ass#Rr5e, that Kea god,, full polar the rem and restrictions LSO or sloth perionei at ant era belonging, profits thereof' equity{, of, appurtenances, representatives, the tit of swore, perfect, Lawful aut:hurity Ut. and of whatever or In anywise Psi ell lin ■red to the unto the doer the enseal Erg absolute to grant, Claw Troia ■l l, kind or nature appartaintin tt+e estate, right above berceinwd Dranttee(s)p covenant, end delivery and i n defeee dble 'heroin, termer and other soswr,, . . grant,! WET B .-'F `(o GENERAL TAXES FOR 111E YEAR 2001; AND EASEMENTS, RESERVATIONS, RESTRICTIONS. COVENANTS AND REMITS RECORDS TAXING The drenrtcrCe OF WAY O:i' RECORD, BM CF mural C.RA DISTRICT; AND THE 1 WWI I and will IF ANY; AND DISTRIBUTION UTILITY EASEMENTS: .. 1 ER HAS Acrume KNOWWOMB: ; AND INCLUSION BENEFITS AND BURDENS Of, ANY DI CLAR.ATION WARRANT AND FOREVER DEFEND the *have bemired S: AND MATTENOT SHOWN WY TM PUPLIC OF TImL. PROPERTY WITHIN ANY SPECIAL AND PARTY WALL AGREEMENTS! IP ANY. preal see In th■ quiet and pe.aeebl e I Penns cf. or arty pert shalt be appliembLe, INWITNESSWHEREOF the Cromance), his hairs end aeeiprui, against ell and every person or persona lawfully claiming the Wenier thereof; Ms a imitator mate shot t 'n itS the spitfirel, era! the plural the singular, end the Me of any gender to ell ge deri the freneor(i) hem ',united this deed on the dote an forth aborve. I. r `'4 Sma datame ti FLAIR D? Colored* _ ) !. t o f { ": I .. eli i 4! ,, 1 0 w County of LOI3&_ 'U, + A '� 1 0 1 Moe i*�'1��,��A��y',Y��'q'�A OF ��b7 Ly�+G.T pi .Y a I cApi I I The foregoing Interment was acknowledged before Slam this day of r y� WiSis;ita , ++ QY D* by t �._:� i%��Uit O'. I 'e. S T... WIN e n P >♦rR 4. �1 �r i,4 . ar- �'. .Ty . A �' (uh y �j �1i ' La 6��r��i ��_i . 39 My oidsaeeleaieel expires A Witness NY heed and *ftlaTai ;eel, k ... Notary Psai 14"ftm...ww,.r..r�r, ewe .a A reel o Person cresting gem y reeled Logs Dolor p on -- . , Ct,It.i1;> - ez=� ._.. Eaerewl 105001526 r T% When Ascended Rvtlirn toll MARX ti. k'tbUlMX_ .ASR _ EIRA H. MULLVIAX 4G Titles* FC25001,2d 1. , farm NO. 9'� Rev 4-94. wakeTil ! Tenants at i i FORT LlPlflee CO ..“.,n•s. an aa•ni•IC _ISrl.u. I.._•=bn•_.c__. } a.• a _ a . t . .. _ _ - _� allor•Siontolausarisdisieenes anD,, Inc. LC ULt32O9 ' "� 2089506-2001.001 650 1111111111111111ff 11 JIJ iii flillili I111 Vl11111 N� MII 1 0�l51911=p 4310 Om �Mwee�wkl 1pepayar te WARRANTY DEED THIS DEED, made this At day of May, 2007, *wean MARK D. MULLENAX AND REINA M,1v1ULLENAX of to County of PaidataiWifiekulks ul MARYLAND, grenlorCe), and 1 KENNETH P NNINGTON AND BECKY S. PENNIHCTON sAha Inaaddrr n la 1 D5 WELD COUNTY ROAD 24-1& , FLIRT LUPTON ! M os co 80d21 of the County of WELD , State of Colorado, granial00 L1_ RECORDER'S STAMP ASJ 43a).„ sAirrNEss, that the g onlor(tt), for and In consIdenition of the sum of Four Hundred Thirty -Five Thousand and 00(100, ( '$,000:00)'e receipt and sufficiency of which la hereby ecifnowledged, havelhas granted, bergalred, sok' end crenvo 1, and by these preterite dotes) grant, bargain, sail, convey end confirm unto the grantees, their hairs snd an!gne forever, not in tenancy In common but En Die l loran ,. of the real property together with improvements, ht any, stttrato• lying and being in the County of WELD., Stele or Ccbmdu„ d°Jertbcd as fellows: LOT A OF RECORDED EXEMPTION NO. 13114 'RE2788. RECORDED OCTOBER 2, 2000 AS RECEPTION NO. 2797246, BEING A PART OF THE W V4 OF THE SE % OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 57 WEST OF THE ' r P.M., COUNTY OF WELD, STATE OF COLORADO. also known by street end number as 10554 WELD COUNTY ROAD 24-1/2 , FORT LUPTON , CO 00021, oti 'TOGETHER with ail and singular the haradliaments and appwrtenanoea therm* belerging, or in anywise appertaining, the reversion and inversions! rer alnder and rernefr*ders, rents, issues and wets thereof, and al the estate, right, tiva Inlorast1 claim and demand whatsoever of the grantor(s), either In few or equity, of, In, and io the above bargained premises, with the hereedita oats and appurtenances, TO HAVE AND TO HOLD the said premiees above bargained and described, with the appurtenances, unto the grantees, their heir's and assigns Sever, And the g antodie). for hitnihersolf. its/their heirs and penal representatives dates) covenant, great,. bargain and agree to and with Ilia grantees. their heirs and assign, that at the lima of tihe anseallng and detivary of lose protons are well aoLzod or the premises above convoyed, hyalite(' goad, aura, perfect absolute end Indefeasible estate of Inheritances In law, in tau simple, and have/had good right, full power and lawful authority to grant, bargain, sly and convoy the same In manner and form aforesaid, and that the same ere tree and rear from aft former and other grants,bargains, sales, one, tempo, assessments, encumbrances and reetrfcdlans of whaievor kind or nature *fewer, EXCEPT FOR TAXES FOR THE CURRENT YEAR ANDSUBSEQUENT YEARS, EASEMENTS, RESERVATIONS, RESTRIVTiONS, COVENANTS AND r FIIGt F -WAY OF RECORD IF ANY; AND DISTF0BLMON uritsre EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND ilisICLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO iN TITLE INSURANCE COMMITMENT NO. 7006-03237 ISSUED BY GUARDIAN 'TITLE AGENCY, LW. Thu grantors) shall and will WARRANT AND FOREVER DEFEND the above -bargained prernraes i the quiet end peaceable possession of the grarploes, their hears and assigns, against all end every poison or perms lawfully claiming the whole or any part thareut. iN ►VM % ESS WHERE F,t a grantor(s) have/had executed this deed on the date set forth above, RK D. MULLEMAJ 6:Za. feet aegges4POC REINA M. MULL ENAX STATE OF MARYLAND L► ND County orrillmq IWO )soh The foregoing bwtrarnenf was acknowledged before rne tile fit day of May, 2007, by MARK I?. MLILLENAX AND REINA M, MIULLENIAX. My commission expires: hmIMr°1:404::: �5It% 41 �d/-�,�/'�} 4' • ??lain, mr'tid Address of person Creating Newly Created Legal D+enVuotr f5 38-35-1O5, cli,S.) #T. Ili Ilk il e 'gyprig al• 4 yM GUARDIAN ,.-FILE #.9111,0 vklig 'brass my hand and official seal, a, TA tins_ PUBLIC $ThTE OF imMRYLVIDLlyCommkeioo Ezpfras Juno 29. MOO f?, 0 `I' • ors ue to Y , enth 4. wttr my Dad —,mint Y.nMa4W SEW, Inc • LG SKL132O9 WE 3485659-2007.001 • :ac•451-rt ita��a eol r 9 90 ptL ern POr4a Iry -- a i Peg3' 6 h!ld l � �Rg/ IgM A��!►h M 1� r'liiii IN, 1111111 1IiiI to! °ii •iI til I ha • � 4 :e-s1 101.41011144111111111111 �� ai0010,1��!!La1! �� '�� '� �e hilet P i'��f 1�� !I R�Yi�, Ills 2� ;. 01iii 1!a�'E�� i� �t ; d ��l I! 9 �� i � ��i 4 � i r � p fi iii irtill 'ii' �s�j 1 ' g ' Aar 0 1.19.7 .__ t io tarz srat mew . IVACO' f ' Wi � � �ii.jir o �� n li 1 4061 4gqiii Ili ligiri -I i Jill; a i i 1! kii i i elk; ill rtilmcfsiliilio�, ii!1101 iiiilfij i !NI; li_nin i I ii 1r I 11 4, III 1pil11 Histii;i IA Nil AO II :01"! i 1 • i ii i i ' ;4 p e. CLINT to. :„gd Opifj 101 7'A alli-ar.a.____r_. reFOINTY ROAD 211/2 4— I I I 476211 01 f r.. it finl c t 2J .. 1;1 ,114,i milli slm NIA. 3 hi.14 p ggq 1/4.4101104 ggg shoals* A ME DED RECORDED DED EXE 'P TIO NO. 99L —38 v * — o ---ti s SKID, Ina. LG. SIG,13209 WE 3621611-2009.001 if Ern 9906Ir le in 4/04:40 ..t7Z C" "" raa _A/c MO; EPi P.4 POP Mill ;; Riocg ti si il.1 '14 Ili ! ts,t,1 •;!, ilk rn 07. o. %fro , 'fit girt 61 utEr4tills V4 -- 907.66 • a go NUO`45115-1 -- :::: 5*151 t: -- 1105.25 'Mr? N$ +I 23030' 197.39 es 216,50 $00'45'15'EgVela:t I1 29,60 0' too erneee aelk 14811 1 0 a O1 V 3r t305.7% Is) Ngiri.515"00 — 14535.75 m c, m a v a wna7.315100" j F . 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Ai it 4t 9 a 4 I RII it ,I. tlat .j !, )til r" 1 i L • �' r gib la it! gitt 85.00iccitict Ncr.4. 11' NIP tatair.- r COUNT Y ROAD 21 1/2 NW 1.=. cwt r r n ai N ' i9 1 `` t4 tt M DQ 8 "< r 71P 40 ors, MI 9 rW BSI e -M b I I tat g its la sii 0 9) co Ong -Aug Q � Lori f 1.1 £'3 ' o03 *ON NOticifrY3X3 ir— s.+F —t i► t 9* * 38 Sri PIIAWIM.LalM PLANIWwp*FOI.r1.`. Hawaii 11q.s Mq pass al..F MS* 1111111111111111111111111111111111111111111111111 381163$ 12/13/2011 p2:d6g Weld County, Co 1 of 2 El 16.00 iD O.QO Steve Moreno Clerk & Recorder THE ABOVE SPACE PROVIDED FOR RECORDERS USE ONLY PREPARED BY; Kenneth Wayde Pennington and Becky S Pennington 10564 CR-24 1/2 Fort Lupton, Colorado 80621 WHEN RECORDED RETURN TO; Kenneth Wayde Pennington and Becky S Pennington 10564 CR-24 1/2 Fort Lupton, Colorado, 80621 QUIT CLAIM DEED On December 12, 2011 THE GRANTOR(S), - Kenneth Wayde Pennington and li ecky S Pennington, a married couple, for and in consideration of: One Dollar ($1.00) and other good and valuable consideration conveys, releases and quit claims to the GRANTEE(S): - Kenneth Way& Pennington and Becky S Pennington,10564 Weld County Road 24 1/2, Fort Lupton, Weld County, Colorado, 80621, the following described real estate, situated in the County of Weld, State of Colorado: (legal description): LOT B OF RECORDED EXEMPTION NO. 13] 1-02-4 RE -4846 RECORDED MARCH 30TH 2009,BEING PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDtAN,COUNTY OF WELD, STATE OF COLORADO. Grantor does hereby grants, bargain and sell all of the Grantor's rights, title, and interest in and to the above described property and premises to the Grantee(s), and to the Grantee(s) heirs and S GD, Inc. LG 8E113209 WE 3811630-2011,001 3811538 12/13/2011 42:46P WeldCounty, CO a or 2 R f6_QQ 0 UM Steve Moreno Csprk & Recorder assigns forever, so that neither Grantor(s) nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the property, premises, or appurtenances, or any part thereof, Tax Parcel Number: 131102400087 Mail Tax Statements To: Kenneth Wayde Pennington and Becky S Pennington 10564 CR-24 1/2 Fort Lupton, Colorado 80622 Grantor Signatures: DATED: iga DATED: /2- fff` 1� f t Kenneth Wayci e Penn ingtori Becky S Pennington Kenneth Wayde Pennington and Becky S Pennington 10564 Weld County Road 24 1/2 Fort Lupton, Colorado, 80621 STATE OF COLORADO, COUNTY OF WELD, ss: This instrument was acknowledged before me on this i day of letf l-QQ Y,:' \u t I ) ( k by Kenneth Wayde Pennington and Becky S Pennington. IJ UANA C RODRIGUEZ 'Notary Public State of ColoradO SELD, Inc. 14 Sf13209 WZ 3811638-2011,002 Oakw_i_its NowNotat y Public Title (and Rank) My Commies Of Expires March 2, 2015 My comtrtission expires Hello