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Home My WebLink About20182368.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0058 - JOHN AND JILL SHONKA 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, RECX18-0058, was submitted by John and Jill Shonka, 216 10th Street, Windsor, Colorado 80550, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -3303; being part of the NE1/4 Section 5, Township 6 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, RECX18-0058, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, the Board deemed it advisable to divide the property into parcels estimated to be approximately 15.781 acres and 1.0 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 John and Jill Shonka for Recorded Exemption, RECX18-0058, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Town of Windsor, as stated in the referral response dated June 8, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -4, as stated in the referral response dated April 17, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services cc-: PL-CMH/MM/ TP), a-PPL Q- /,3'-!' 2018-2368 RECX18-0058 RECX18-0058 - JOHN AND JILL SHONKA PAGE 2 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1475-09-2, RECX18-0058. B. A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 74, 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 the approved Town of Windsor access point(s) on the plat and label with the approved access permit number, if applicable. The applicant shall verify and delineate on the plat the existing right-of-way. 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. D. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of Chapter 23, Section 23-3-50.E of the Weld County Code, if applicable. E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 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 this 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. 2018-2368 RECX18-0058 RECX18-0058 - JOHN AND JILL SHONKA PAGE 3 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 7) Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger Lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. 8) The property owner shall control noxious weeds on the site pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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 Sections 29-1-20 and 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. 11) 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. 12) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas 2018-2368 RECX18-0058 RECX18-0058 - JOHN AND JILL SHONKA PAGE 4 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. 13) 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. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on -site soils. B. A Weld County Septic Permit is required for proposed lots when building occurs and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. C. 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. 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 be added for each additional three (3) month period. 2018-2368 RECX18-0058 RECX18-0058 - JOHN AND JILL SHONKA PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D., 2018 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: , :,4 l �C,Gto•� Weld County Clerk to the Board Date of signature:�4OgA 771 Steve Moreno, Chair Mike Freeman 2018-2368 RECX18-0058 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. PLANNER: CASE NUMBER: APPLICANTS: REQUEST: LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: WATER SOURCE: SEWER SOURCE: REMAINDER RETAINED ELECTRONICALLY IN TYLER. DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michael Hall RECX 18-0058 John and Jill Shonka Two -Lot Recorded Exemption HEARING DATE: July 23, 2018 Lot B of Recorded Exemption RE -3303; being part of the NE4 of Section 5, T6N R67W of the 6th P.M., Weld County, CO 0807-05-1-00-014 Lot A: +/- 0.8 acres ZONE DISTRICT: A (Agricultural) Lot B: +/- 15.981 acres Lot A: Proposed NWCWD Tap Lot B: Proposed NWCWD Tap Lot A: Proposed Septic Lot B: Proposed Septic NARRATIVE: The applicants are proposing a two -lot recorded exemption on Lot B of RE -3303, recorded June 7, 2002, reception # 2959092. The size of Lot B of RE -3303 is 16.781 acres and does not meet the minimum acreage requirements to keep proposed Lot B greater than thirty- five (35) acres net per Section 24-8-40.P of the Weld County Code. Additionally, proposed Lot A will be 0.8 acres which does not meet the minimum lot size requirement of one (1) acre net per Section 24-8-40.L of the Weld County Code. The following timeline describes the exemption history of the property: 03/04/1988: 06/07/2002: 04/11/2018: RE -1070 was recorded, reception # 2132905. This case split a 63.47 acre, metes and bounds tract of land located in the NE4 of Section 5, T6N, R67W via a two -lot recorded exemption. Lot A was 29.47 acres, Lot B was 34 acres. Applicant was Craig Harrison. RE -3303 was recorded, reception # 2959092. This case split Lot B of RE -1070 via a two -lot recorded exemption. Lot A was 17.219 acres, Lot B was 16.781 acres. Applicants were Peter and Nancy Hyland. The application for RECX18-0058 was received. This case seeks to split Lot B of RE - 3303 via a two -lot recorded exemption. If approved, this proposal would be the third recorded exemption on the tract of land. Applicants are John and Jill Shonka. This their first recorded exemption on the property and they have owned the lot since June 1St, 2015. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. 2018-2368 RECX18-0058 - SHONKA Page 1 of 5 Section 24-8-40.L of the Weld County Code, states: "The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one- half (2%) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities or telecommunication antenna tower facilities." Proposed Lot A will be 0.8 acres and will be served by a proposed North Weld County Water District tap. However, the minimum size of the smaller lot of a recorded exemption (Lot A) with a proposed public water supply cannot be not less than one (1) acre net. This proposal does not meet Weld County Code Section 24-8-40.L. Section 24-8-40.P of the Weld County Code, states: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." Proposed Lot B will be 15.981 acres. However, the minimum size of the larger lot of a recorded exemption (Lot B) cannot be not less than thirty-five (35) acres net. This proposal does not meet Weld County Code Section 24-8-40.P. The 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. They acknowledged the recommendation for denial and request the requirements listed under Section 24-8-40.L and Section 24-8- 40.P be waived. Based on the owners' request letter, their initial goal was to split the property and gift one of the lots to a family member. However, the property owners were not aware of the lot size requirements of the recorded exemption prior to purchasing the property. Additionally, they intend to farm the larger 15 acre lot and believe the split is in -line with the Right to Farm Statement and will have minimal impact to the area. Other options exist in the Weld County Code to subdivide this parcel. The Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create additional legal lots as this site is located in a public water district. Additionally, a Zoning Permit for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be applied for in order to permit one additional home on the property. 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 address the requirements of the Town of Windsor, as stated in the referral response dated 06/08/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -4, as stated in the referral response dated 04/17/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1475-09-2 RECX18-0058 RECX18-0058 - SHONKA Page 2 of 5 B. A 30 foot wide joint access and utility easement extending across Lot B from County Road 74, 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 the approved Town of Windsor access point(s) on the plat and label with the approved access permit number if applicable. The applicant shall verify and delineate on the plat the existing right-of-way. 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. D. 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, if applicable. E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty - 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 7) Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger Lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. 8) The property owner shall control noxious weeds on the site. 9) The historical flow patterns and runoff amounts will be maintained on the site. RECX18-0058 - SHONKA Page 3 of 5 10) 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. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 12) 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. 13) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 14) 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. RECX18-0058 - SHONKA Page 4 of 5 Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. B. A Weld County Septic Permit is required for proposed lots when building occurs and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. C. 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. 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 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the BOCC Resolution was signed, a $50.00 recording continuance charge shall added for each additional 3 month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: 06/28/2018 Michael Hall, Planner I RECX18-0058 - SHONKA Page 5 of 5 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com PHONE: (970) 400-3528 FAX: (970) 304-6498 April 16, 2018 JOHN & JILL SHONKA 216 10TH STREET WINDSOR, CO 80550 Subject: RECX18-0058 - TWO LOT RECORDED EXEMPTION (DENIAL) On parcel(s) of land described as: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT RE -3303 (.02R) 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: Severance at Phone Number 970-686-1218 Windsor at Phone Number 970-674-2400 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, ;..,� ., Michael Hall Planner FIELD CHECK Inspection date: July 16, 2018 CASE NUMBER: APPLICANT: LEGAL DESCRIPTION: LOCATION: RECX18-0058 John and Jill Shonka Lot B of Recorded Exemption RE -3303; being part of the NE4 of Section 5, T6N, R67W of the 6th P.M., Weld County, CO South of and adjacent to CR 74; Approximately 0.39 miles east of Highway 257 Zoning Land Use N A (Agricultural) and Windsor N Agricultural / Rural Residential E PUD (Z-463; R-1 & A) E Residential Subdivision S A (Agricultural) S Agricultural / Rural Residential W A (Agricultural) W Agricultural / Rural Residential COMMENTS: The site is vacant and there are no improvements. The proposed RE is located on the south side of CR 74 which is owned and maintained by Windsor. The site is a flagpole and is accessed by an existing access road and easement located on the subject property. Most of the surrounding properties are rural residential and agricultural lots. The majority of the site is not easily viewable from CR 74. There appears to be oil and gas activity in the south part of the site. Michael Hall, Planner I 07/16/2018 John Shonka c.o..L2Fc RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, Co 80631 www.weldgov.corm { 970-400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT IMO APPLICATION RECEIVED ED BY: psi if Parcel Number 0 8 0 7_ 0 5_ I _ 0 0 _ 0 DATE RECEIVED: CASE #AINED: PLANNER ASSIGNED: 1 4 Ip 4 �r C tics isar' (12 digit number - found on Tax ID. I . information, obtainable at the Weld County Assessor's map found at www.weldgov. co rn ) Legal Description PT VV2NE4 56-67 Lot B Rem Exrnt RE -3303 (.02R), Section 05 , Township - North, Range 67 West Has the property been divided from or had divided from it any property(ies) ies since August 30, 1972? YES NO0 R p �R R �'� � Is the ro ert located in food lain '' E UnknowntJ. R R Is the property located in a geohazard area? YES 1 NO U Unknown FEE OWNER(S) I OF THE PROPERTY: Name: John and Jill Shonka Company: Phone #: 970-685-9194 Address : 216 10th St Email: ishonka84@gmaiI.com City/State/Zip Code: Windsor/CO/8550 5►0 FEE OWNER (cont.) or_ PPL1 ANT: sane Name: Company: Email: Phone #: Address : City/State/Zip Code: AUTHORIZED AGENT*: Name: Company: _ Phone#: Address : City/State/Zip Code: *Authorization Form must accompany all applications signed by an Authorized Agent s 4 m `i Email: Lot B tot fi- Lot A smallest lot bet -Bas Proposed Use (Le. Ag or Res) Res Ag Proposed Acreage St Odd 15.981 Address 7650 CR 74 I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application, If anAuthorized Agent signs, a loiter of authorization from alit 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 th:4 corpor tion, 4/9/18 4/9/18 Authorized Agent Date Sign , ? re: Owner or Authorized Agent Date Print: Owner or Authorized Agent Jai ShonkaN 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. Page15 Dear Weld County Commissioners, We are submitting a recorded exemption application for property ' 2015. We _ � � we purchased r-�h��ed � n are submitting , this with the understanding that per Weld Count . application will be denied _ �' code,the by the planning and zoning department_ We purchased this property with the hope to build our dream home , raise children as well as raise livestock and farm. We also planned togift ,R' ��n��elto�.fer��l� member so our kids could grow up by each other. During the purchasing process. was advertised that the property could potentially be subdivided as possible investment and was not advised or made aware of the Weld County code of subdividing a parcel under 35 acres. ubd��rd�n� We believe that the proposed exemption wild still follow the intent of Weld Co unty's "right to farm" as we intend to farm the remaining 15+ acres and believe this split will have minimal impact We sincerely appreciate your consideration, If 1 can answer any question or concerns please feel free to contact us at any time. Thanks, 1 z 5 ti John and Jill Shonka (970)S85-9 1 94 AMENDED RECORDED EXEMPTION (RECX) QUESTIONNAIRE +++++ Please type or print your responses to the following questions below a n d use a separate sheet of paper if needed.+++++ 1. Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter 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 Compan r is attached") Water will be provided by North Weld County Water District. Lot A Water Source Lot B Water Source Water will be provided by North Weld County Water District. J PP O in 03 Ebil- Lot C Water Source Lot D Water Source 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water was 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.")_ '1 share of Larimer and Weld Reservoir and I Share of Larimer and Weld Irrigation will remain with Lot S. 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements." or "A copy of the existing Septic Permit #1236789 is included with the application." A Septic Septic system Requirements will be for designed, Both Lot constructed A and and B. p p 95 permitted pas r. ,..r 21 according to Weld County A Septic system will be designed, constructed and permitted according to Weld County SE Lot A sewage disposal a A Septic system will be designed, constructed and permitted according to Weld CA Septic Lot B sewage disposal Lot C sewage disposal Lot D sewage disposal PageJ6 4. Describe how the property is being used. (Example - "The parcel has one house, one mobile home for the hired hand permitted under Mobile Home Permit # ZPMH-123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") The current property is unused pasture. There are 13 oil and gas well heads as well as a meter shed located on the south portion of the lot. 5. Describe the vehicular access to the new and. existing lots? (Example — "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 59") Both A and B lots will share the existing access point of of County Road 74. 6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five acre lot and one 40 acres lot.") Lot A will be .80 acre lot located on the northwest portion of the property. Lot B will remain generally the same size with .80 acres carved out at the northwest portion of the property. Lot B will be 15.96 acres. 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Exam tale - "The ABC ditch runs diagonally across the southeastern quarter of the pr'o e. .") There is a berm located on the north side of the oil and gas well heads to provide screening/noise barrier. It runs east to west on southern part of the property. There is a oil and gas access road on the far south of the property that enters from the West. 8. Is there a business or Use by Special Review permit on the property? OV 0 NO UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "U RI -1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") February 22, 2018 John Shonka 216 lath Street Windsor, CO 80550 970.685.9194 Subject: Water Service Request, Shonka Property, Proposed Lot A & B This letter is in response to your inquiry regarding water service to the following described property: Approximately 7654 WCR 74, Proposed Lot A and Approximately 7650 WCR 74, Proposed Lot B in a portion of Section 5, T6N, RB7W of the 6th Prime Meridian Parcel 080705100014 (See attached North Weld County Water District sketch) In order to support the applicant with obtaining water service, the applicant should understand the following: _ Wate ervi e is presently bey-n-g-providsd to the eb e mentioned-property-th " tee-Na 2 North Weld County Water District (District) is able to provide water service to the above described property, contingent upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied and completed with the District within one year (12 months) of the date of this letter, the District may refuse to supply water to the above described property. After one year, it should be understood that the District reserves right to refuse water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property. 3. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 4. The applicant must sign and execute any and all necessary Easement and Rights -of -Way Agreements regarding specific locations, widths, size of pipeline(s) and descriptions for the Line Extension as determined by the District. Providing water service to the above described property is contingent upon execution and recording of the Easement and Right - of -Way Agreements. Until such Easement and Right -of -Way Agreements are finalized and recorded to the satisfaction of the District, the District will not initiate the design or construction of the Line Extension needed to provide water service to the above -described property. 5. Based on the number of family members and livestock along with other pertinent information provided on the Water Tap Request Form, the District recommends the applicant's irrigated landscaping square footage not exceed 6,000 square feet. This recommendation is based on the Full Standard Tap allocation and should be used to optimize delivery without surcharge. Should the applicant desire to irrigate a larger landscaped area, the District recommends the applicant purchase an additional allocation. 6. The District recommends that the applicant's needed raw water be purchased through the District. Upon the applicant satisfying all of the District's water service requirements, the District will treat and deliver water purchased. All water that is delivered over the allocation (with surcharge) will be subject to water availability. 7. Water purchased, treated, and delivered to the applicant by the District shall be 70% of an acre-foot of water. This delivery amount is contingent upon a 50% or greater allotment for Colorado -Sig Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District. The District will restrict water delivery to the applicant as necessary when the CBT allotment is less than 50%, A portion of the Raw Water Fee is used by the District to fund the construction of water storage reservoirs. 8. The District's water tap options are shown in Table No. 1 included with this letter_ 9. The District's current tap fees are shown in Table No. 2 included with this letter. The District's tap fees shall be valid for ten (10) business days from the date the applicant receives this letter. The tap fees must be paid within the ten (10) business days of letter receipt. After ten (10) business days of letter receipt, tap fees will be subject to the 'then in effect rates' (current cost) established by the District. The District is not responsible for notifying individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a change of rates 98% of the purchase price paid by the applicant. If the meter remains unset for 13 to 18 months after the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within 12 months of the applicant purchasing the meter and the meter remains unset, the account will begin to be billed the minimum monthly amount. 11. The District's current usage rates and fees are shown in Table No, 3 included with this letter. 12. Water Surcharge, Water surcharge fees will be assessed when an account's year to date usage exceeds the annual water allotment The District's current surcharge rate is $2.00 per 1,000 gallons in addition to the standard monthly usage fee. Surcharge fees are assessed to recover the District's costs in obtaining additional water rights for delivery. 13. Rate Differential Charge. Effective November 1, 2015, the District no longer accepts water transfers. 14. The Districts current Plant Investment Surcharge is shown in Table No, 4 included with this letter. Plant Investment Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. The District hopes this letter provides the necessary information to facilitate progress in meeting the requirements needed to secure water for the above described property. Should you have any questions or concerns, please let me know. Sincerely, Oraterl-11, C70-12,44 Leann Koons North Weld County Water District Table No. Al Ta 0 tions and. Roc uiremen.ts r Distance Fee Meter Set Fee Water (Annually) Allocation Plant Allocation (Annually) Investment Raw Water Storage Raw Water Fee Investment Plant Full Standard Tai 100 � �� 228,000 Gallons 100 o �� 228,000 Gallons 100 o100% �� 100 l� Lot Size greater than 0.33 Acres (14,375 sq ft) 75% Tap I 75% p 75% I 75% 1 75% 1-100% H I 171,000 Gallons I 171,000 Gallons Restrictions landowners Lot sizes greater with verifiable than 0.20 acres (8,712 irrigation rights sq or ft) well but less permits than for 0.33 outside Acres water (14,375 sq use ft) OR 50% Tap 1 50% 50% 50% I 50% rloo°k 114,000 Gallons I [ 1141000 Gallons Restrictions Lot size less Approved pp than Commercial .2 acres Enterprise (8,712 p sq ft) OR with a Board Approved Irrigation System OR a Board Conservation Blue Ta p 100% 100% 0 0 228,000 Gallons 0 Gallons 100% �� Restrictions If Conservation *Gallons Qualified, taps may 0 vary Plant may depending Investment) be used in on combination qualifying combination with Conservation Tap (i.e. 50% Water with a A gallons Surcharge See tap may Page be = Annual 2 will for allotted be Rates. Allocation. assessed more than (i.e. when 1 unit Water an account's of Allocation Water year and/or 5 x to 228,000 Plant date usage Investment. = 1,140,000 exceeds In gallons this the case Water Annual the and/or allotment Allocation) Plant Investment is the class X Allotment. 228,000 Table No, 2— DistrictTap Fees TAP FEES (Assumed for Full Standard Tap) INSTALLATION COST $26,000 Meter Set Fee Per Lot $2,500 Raw Water for One Acre -Foot Unit (AFU) Storage Fee Portion of Raw Water Fee $1,000 Line Extension Fee $19,700 Base Portion of Plant Investment Fee $7,500 Line Extension must first tap be purchased purchase with or before Distance (4 miles) Portion **Minimum of u Plant Fee Investment Applicable** pp Fee $1,500 Cost Reimbursement TOTAL (See excludes Up Paragraph -Front Applicable) Line Fee, COSTS G Extension & for Supplemental options; PER Fee, TAP Line Fee if $38,600.00 + Line Extension Full Standard Fee with Blue or Tap Tap before I $29,600 First Conservation Tap Purchase Price is valid for ten (10) business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Rang!___ 75 psi to 115 psi Maximum Pressure 115 psi Usage Amount 0 to 6t000 gallons t000 gallons and up Table No. 3 - Usage Rates and Fees $19.74 Minimum Charge or Rate Per Month $3.29 per 1.000 gallons (Kial) Table N o, 4 — Plant Investment Surcharge Rates 0 to 456,000 gallons above the Plant Investment Allotment More than 456t000 gallons above the Plant Investment Allotment $1.95 per 1,000 gallons $3.95 per 11000 cations i 6 CO C Z O O 'Ns Igilml Pn w v D L S •�,J C f t- v) _ LiZIA aid it CL i I Ej z - ___ ig site and is for riot be accurate, hervose reliable t NAVIGATION • #vali-lires.--- Aw -�++ - `.-I .-- '.. !obi ii 1. T , tit • .' all,. - . - - Interr rpm cur )BEI iIth • ID yam' • i all This map is a user generated static output fn reference only Data layers that appear on THIS MAP LS N W II II 0 i err p iC,bia RIA 1l VA 1i" _i .4 timeLA % t; �- C , les co is s " — _ _ - - _ . _ _ _.T U CR, Iii r Ch44 O a. 03 t G�1 I liSia' _ i -a II' O 95'gc r , I R 4 4 i� l -_ I - - . _a x - ,_ .... tes U.)J� .'VVILs J m •' •. �' K 1 Q■ 1 T } 4 Jl'1. ,J l •/' *i P I 1Ir y ` 4, y/ �' l ak CO ::__ U.--' , .. itzac i r . fir41 I S '? � } uu I {uf _' Weld County Treasurer Statement of Taxes Due Account Number R1755302 Assessed To Parcel 080705100014 SHONIA JILL 216 10TH ST WINDSOR. CO 80550-4722 Legal Description PT W2NE4 5-6-67 LOT B REC EXEMPT RE -3303 ,O2R1 Year Tax Charge Tax 2017 $426.68 Interest $0,00 Sit -um Address Foos Pants Balance $0.013 $0,00 Total Tax Charge $426.68 $426.68 Grand Total Due as of 03116/2018 $426.68 Tax Billed at 2017 Rates for Tax Area 0430 - 0430 Authority WELD COUNTY SCHOOL DIST RE4 NORTHERN COLORADO WATER (NC WINDSOR -SEVERANCE FIRE WINDSOR -SEVERANCE FIRE (BON AIMS JUNIOR COLLEGE CLEARVIEW LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2017 * Credit Levy Mill Levy 15.8000000* 49 1900000 L0000000 7.1940000 0.5050000 6.31700 00 3.5700000 114140000 Amount Values $80.27 AG -FLOOD $24 8 IRRRIGATED LAND $5.08 Total $36.55 $2.57 $32.09 $18,13 $2.10 83.990010000 $426.68 Actual Assessed $17,514 $.5,050 $17514 $5,080 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer • P.O. Box 45B, Greeley, CO 80632 • 1400 N. 17th Aye, Greeley, CO 80631 I (070) 353-3845 Ext. 320 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). �yeai-'s taxes are u e but not delinquent, Date: l Submit by Email Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number: RECX18-0058 Please Reply By: May 14, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number: 080705100014-R1755302 Legal: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT RE -3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ❑ We have reviewed the request and find no conflicts with our interests. • See attached letter. Signature Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number: RECX18-0058 Please Reply By: May 14, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number: 080705100014-R1755302 Legal: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT RE -3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: O We have reviewed the request and find no conflicts with our interests. • See attached letter. Signature BPascoe Agency Zoning Compliance Date 04/17/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number: RECX18-0058 Please Reply By: May 14, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number: 080705100014-R1755302 Legal: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT RE -3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: O We have reviewed the request and find no conflicts with our interests. • See attached letter. Signature Sandra Friedrichsen Agency Windsor Severance Fire Rescue Date 2 May2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Michael Hall, Planning Services DATE: May 14, 2018 FROM: Hayley Balzano, Public Works SUBJECT: RECX18-0058 Shonka 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): 080705100014 The project proposes to: Two lot Recorded Exemption ROADS AND RIGHT-OF-WAY: This portion of County Road 74 is under the jurisdiction of the City or Town (municipality) of Windsor. The municipality has jurisdiction over access to the road. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. 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. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. ACCESS: This project accesses onto the Municipality of Windsor. Please contact the Municipality for access requirements. 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. 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. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. Show the approved City of Windsor access point(s) on the plat and label with the approved access permit number if applicable. The applicant shall verify and delineate on the plat the existing right-of-way. 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. (Department of Public Works) 2. 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) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall, WC Planning From: Katie Sall, Environmental Health Services Date: May 9, 2018 Re: RECX78-0058 Applicant: Shonka Environmental Health Services has reviewed this proposal to exempt one lot from a 16.781 acre parcel. Proposed lot A will consist of .8 acres and proposed lot B will consist of 15.981 acres. Both lots are currently vacant. Proposed lot A and B area proposing taps with North Weld County Water District and proposed onsite wastewater treatment systems. The Environmental Health Services Division recommends the following: Prior to construction: 1. A Weld County Septic Permit is required for proposed lots when building occurs 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: 1. 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. Prior to recording the plat: 2. The proposed acreage for proposed Lot A currently does not meet current Weld County Health Department policy. We would encourage the applicant to increase the acreage for proposed lot A to 1.0 acres. However, in the event the applicant cannot or chooses not to increase the lot size, please place the following note onto the plat: Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger Lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services lobo: 9/0 304 6420 Fax: 910-301-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health Submit by Email Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number: RECX18-0058 Please Reply By: May 14, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number: 080705100014-R1755302 Legal: PT W2NE4 SECTION 5 TBN R67W LOT B REC EXEMPT RE -3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Q We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency insur:Lt Otiettse)A--, -cI Date L-17_ Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax DAN SEEGMILLER. SUPERINTENDENT STEPHANIE WATSON, ASST, SUPERINTENDENT March 20, 2018 Weld County Planning Department Attn: Michael Hall 1555 N. 17th Avenue Greeley, CO 80631 RE: Two Lot Recorded Exemption RECX18-0058 To Whom It May Concern: The above referenced project is for a two -lot recorded exemption that will add one additional lot to the existing land. The referenced property is located south of and adjacent to Weld County Road 74 and west of Highway 257. Although student and land impacts associated with this project appear minimal, already approved residential development within the area of the project contributes to a substantial cumulative impact upon Weld County School District Re -4. In addition, the effect upon school site planning is significant because of the difficulty in acquiring school sites in the appropriate locations and sizes to serve such dispersed development. Given the rapid growth of other areas within the School District, Weld Re -4 remains concerned with its financial ability to provide for continuing growth within the area of the project. This and related concerns are discussed in detail below. Site Issues Weld County Re -4 understands that the project proposes to add one additional lot to the existing property. Land dedication is not feasible to offset the impact of growth upon the School District. Therefore, District Re -4 requests cash -in -lieu of land for the additional lot at the current market value of land within the area (see recommendations). Further, the District requests the opportunity to respond to any land use changes associated with either lot. Facility and Fiscal Capacity Issues Grandview Elementary School, Windsor Middle School and Windsor High School currently serve this area. Capacities and recent enrollments of current schools are: DAN SEEGMILLEFt SUPERINTENDENT STEPHANIE WATSON, ASST. SUPERINTENF)EN I Student Enrollment Enrollment Available School (Grades) Capacity (4/18) (Short) Grandview Elementary (K-5) 600 459 141 Windsor Middle School (6-8) 700 676 24 Windsor High School (9-12)* 1,290 1,417 (126) *Net after first semester graduates Accelerated residential growth and strong growth potential heighten the School District's concern regarding its ability to provide adequate educational opportunities. Approved development far exceeds the District's current capacity to fund educational facilities. Consequently, continual approval of new projects can create expected seat (capacity) shortages. Windsor Middle School is very close to capacity and Windsor High School is over capacity. We will be opening a new high school in the fall of 2019. As of December 1, 2017, the District's total bonding capacity approximates $174.9 million at 25 percent of assessed valuation per state statute. Debt outstanding from previous bond elections totals $126.4 million leaving $48.5 million available for future facility needs throughout the District. Given residential development and student potential from already approved but not completed projects, this amount is likely deficient to provide the necessary school facilities. Inadequate bonding capacity is the direct result of residential growth occurring at a pace that well exceeds the District's statutorily limited ability to fund school construction. Recommendations The School District remains very concerned about residential activity and the ensuing enrollment that will follow as well as the District's physical and financial abilities to serve that growth. Because land dedication is not feasible from this project, the District requests that the owner agree to pay cash in lieu of land at the value of $2,240 for the additional lot. In addition, the School District requests to be notified of any proposed land use changes associated with either lot. Cooperation of all parties is necessary in offsetting the adverse fiscal impacts of rapid residential growth upon the School District's statutorily limited resources. Your continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the County, the School District and our mutual constituents. Should you have questions or desire further information, please contact me at your convenience. Sincerely, Skinka-nut- (I,61tw., Stephanie R. Watson Assistant Superintendent of Business Services Submit by Email Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number: RECX18-0058 Please Reply By: May 14, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number: 080705100014-R1755302 Legal: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT RE -3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ❑ We have reviewed the request and find no conflicts with our interests. O See attached letter. Signature Carrie Tremblatt Agency Town of Windsor Date 6/8/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax TOWN OF WINDSOR PLANNING June 8, 2018 Ms. Angela Snyder, Planner Weld County Planning of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 via email: asnyder@weldgov com Subject: Application Referral for Recorded Exemption (RECX18-0058)-7650 WCR 74 Dear Ms. Snyder, The Town of Windsor Planning Commission has reviewed the proposed recorded exemption for dividing the subject property into two lots in accordance with the Weld County -Windsor Coordinated Planning Agreement (CPA), and has included comments regarding WCR 74, as well as recommendations for your consideration. The property is within the Town of Windsor's Growth Management Area (GMA), and per the Comprehensive Plan the Land Use Map depicts the property as "High Density Estate Single Family Residential". The property is surrounded by unincorporated Weld County and therefore, ineligible for annexation at this time. Weld County Road 74 is within the Town's corporate limits, and therefore, any change in use associated with the property is subject to Windsor Street Standards. Additionally, a traffic study is warranted for any change of use for properties accessing WCR 74. Furthermore, a Town of Windsor access permit is required for access on WCR 74. Any changes of use for any properties accessing WCR 74 will trigger the need to review the adequacy of access by Windsor prior to approval. Per Town Standards, If the posted speed is greater than forty (40 mph) miles per hour, a left turn lane is required for any access with a projected peak hour left ingress turning volume greater than ten (10 vph) vehicles per hour. Additionally, Town specifications state: If the posted speed is greater than forty (40 mph) miles per hour, a right turn lane is required for any access with a projected peak hour right ingress turning volume greater than twenty five (25 vph) vehicles per hour. Pursuant to the Coordinated Planning Agreement (CPA) between Weld County and the Town of Windsor, the Town's Planning Commission has the following comments and recommendations for Weld County regarding the subject proposal: (1) Any change of use and any work associated with WCR 74 is subject to Windsor Street Standards and right-of-way permitting: (2) WCR 74 access requires an access permit through the Town of Windsor; (3) Analyze the total traffic volume to determine the need for auxiliary lanes; (4) Provide stormwater detention consistent with County requirements: (5) Address fire protection; and 301 Walnut Street Office: 970-674-2400 Windsor, CO 80550 Fax: 970-674-2456 www.windsorgov.com (6) Adherence to the CPA design standards, as adopted between Windsor and Weld County. Thank you for the opportunity to review the referral for the subject property. Sincerely, Carrie Tremblatt Planning Technician ctremblatt(Qwindsorgov.com copy: Windsor Planning Windsor Engineering 301 Walnut Street Office: 970-674-2400 Windsor, CO 80550 Fax: 970-674-2456 www.windsorgov.com Page 2 of 2 !bm!bn1 Weld County Referral April 16, 2018 The Weld County Department of Planning Services has received the following item for Applicant: JOHN & JILL SHONKA Case Number. RECX18-0058 Please Reply By: May 14, 2018 Planner Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: SOUTH AND ADJACENT TO CR 74; APPROXIMATELY 0.39 MILES WEST OF HWY 257 Parcel Number. 080705100014a1755302 Legal: PT W2NE4 SECTION 5 T6N R67W LOT B REC EXEMPT REe3303 (.02R) of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information. please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Get We have reviewed the request and find no conflicts with our interests. rl See attached letter. r Signature a' ''CX1 enc--� Date r,7rn/02o'it Wei County Planning Dept. 1555 N 17th Ave. Greeley CO. 80631 (970) 400-6100 (970) 304 498 fax West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map mbol 32 Kim 52 Otero Soil Name Soil Texture Shallow Excavations Owe lings Dwellings with Small Septic Tank Prime Farm without basements Commercial Absorption Lind of Additional Comments Loam Sandy Loam Slight S i p'ht Y 4 F ioderat ! Slight fluid €2rdiLh Slight . MocieratET- Slight Moderate Slight Yes No The West Greeley Conservation District rec©rn rends that the Opp( Lint does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970 356-S097, if you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATIt N 1STR1CT ,. • .ErA Produced by the West Greeley Conservation District NORTH t/4 CORNER SECTION 5, TON. Ram FOUND j4 NEaAii' REP L.ACEO WITH 15 RERAN & 2 k/2" ALUM. CAP L.S. 25419. 2001 IN MONUMENT BOX wile for Id ,and of of any Section he mot hall be pileani 'suant I of led ryp. Tiber. :acts anti adhere iha 111th and antic*s! ;Bract d �ol 9vitles he use airs int ubltc acticee with of the alaInts imam r S, no Ind far vest I waftty, arm canter ?k [sly. WELD COUNTY ROAD #74 30d17'. S Sge59' i 2rt 555.15' 0R.0 S 8r59 ri trE 30.00' ROAD RIGHT -CF -WAY +4 . «' ROAD RIGHT-OF-WAY RE$ER'r1ATION 9659'12"E 2637.94' (w) S c p Sti dt 8 chi rt '44 i:I tElm 0 N- O807-5--I-RE RECORDED EXEMPTION NO. Existing a Proposed Res i dcrrt t 1 Access Car.cruta Svitiate 30.00. . Aced,' 5 lU1MIMly Egjment for PM flnelit of Lair "a' S '®' N 87°5513'1T p' 79.39' (R) Proposed Lot A .8 Acres 0 N ca C a FOUND 94 REAR it CAP LS 12.374 17.1 E' S 88036'51'W CENTER 1/4 CORNER SECTION 5, TON, Re -7W FOUND 4" ALUM. CAP ON 3" PIPE L.S. 12374 OLDS*" (Re If Cr fro as '-a r tentitrrtrr►e 2' kdgaVo' DR oh ,__ dot S 15934.10"E 192.14' a S EMU': WEE 502.1S' t4 23r,• -p• LOT "B" 15.98 Acres Oil w'd Goy Well HaatatAcraass S its M W ces Reel I w} fs 77) ,37 N to 5 06*1312'w 49.47' (C) FOUND f4 REDO & CAP LS 12374 PCili Ark 110 mfte ""*t cr C FOUND PA RERAR it CAP IS 12374 °OPP 4 0 FOUND 04 REBAR & CAP Es 12374 713.51'— $ 88°35'51"W 531.682 (Ft} S 884136'51"W 2539,41' (C) S 38:936'51"W 2$80.41' (M) • Wi I- 4 — S NORTHEAST C iRWCR SECTION s, 16$, Re ',' FOUND 3 1/4" ALUM, CAP LS. 22095. 1999 IN MONUL ENT SOX N EAST 1 or4 CQR'tER SECTION eta 1I43t4r R 67 rOUND 3 1/4" ALIN. CAP 41.00' WITNESS CORNER L.S. 7242, 1997 a I CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Shonka 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. 0807 -05 -1 -RE -3303 recorded June 7, 2002 at Reception No. 2959092, being a portion of the West '/2 of the Northeast V of Section 5, Township 6 North, Range 67 West of the 6d' P.M., County of Weld, State of Colorado. CONVEYANCES (if 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. 1494993, Book 573 1845409, Book 923 2122558 2132905 2173169 2937501 2959092 3151776 3214067 3238434 4112368 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 23`d day of March, 2018 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY Heidi Cruc, Title Examiner +oc'ic 573 In u. C7 U U CITY AND COUNTY OF DENVER Recorded at « ' $ N., Reception Number 14:14991; i—f SEP 1 z 966 ANN•SOOMEr, _ Recorder. KNOW ALL NEN BY THESES PRESENTS, Teat Colorado Rural Rehabilitation Corporation, a Colorado corporation, of 1575 Sherman Street, Dearer, Colorado, for and in consideration of the Aram of Ten Dol]ara, and other good and valuable consideration, to it in hand paid, the receipt of which is hereby acknowledged, hereby sells and coaveya to August Schneider and Frieda Schneider, an joint tenants, with full rights of aurvivorohip, the following real property situate in Weld County, Uolorndo, to.vit: The Northeast Quarttr (NE 1/4) of section. Five (5), Township sit (6) North, Range Sixty-noven (67) Went of the 6th P.N., togetbnr with all voter rights and ditch rights appurtenant thereto, including nix (6) ,bared of the capitol stook of The Windeer Reservoir and Canal Company, four PO shares of the capital stock ar The Lariadr Lod Weld Irrigation Company, and Sour (Jt) shares of the ctpltal stock of The Lake -Lee Lateral Company, excepting, however, all oS1, gee, minerals and mineral rights in, on and under the shove described property, with al], ita appurtenlanees, and warrant the tltle to the eagle, oweject to the foU.owing: 1. 1966 taxes due and payable in 1967. 2. Rights of gay or other aeeasento so granted or reserved by © i..;'; instruments of record or me now existing on amid premises. Ea 3. Any and all reservations, limitations, conditions and exceptions contained In instruments at record which in ,ay •II!Illllllll�llkii vay relate to or burden the above bargained premises. IN WITNESS WHRRt P Colorado Aural Rehabilitation Corporation nos caused its corporate nerve to be hereunto subscribed by its President and its corporate seal to be hernnnto affixed, attested by ita Secretary this ti y�4S\ktiy�` _-2Klettql4446.4114IFIL , 1966. is ••.t. °/, t 1 r �/ // // /� {{f ,.,1.�•arr,lrr. ool yes ant ?LP/. ,, .,k aar le; l7$ kf� eriiiat1045ffillADO 4, 1"‘ The foregoing instrument wan acknowledge4 before me this 1`" :OL.l•...rn, COLORADO RURAL RIOIABILITATSON CORPORATION, August , 1966, by Eiton stiller, as President and S. E. Paul, ae Secretary or Colorado Dusol Rehabilitation Corporation, aroorporation. f/ Witness sly band and official aea`1. 7 My commission expires .,., SKLD, Inc. LG SKL13209 WE 1494993-1966.001 1 p ow 323 ya DEC 3 0 1980 Itl� nul NI al LQ_. • N b O n r7 I, III "4"419 Cr L E Y 4 _r a4�s Slue ul e:ulu.o_"Iv (I ,k & Hernulrr RECORDED EXEMPTION NO. 0907-5-f-RE4e5 T111 NU 114 OF 5aC?ION ra, 'CGrIL, 1.8.7 Vit. T4 PM. OR tAtUNTT-, t:OL4Rd.G0 Cz:ithi Y S &- G�oltsi sicruciN g rtoleTu uwa P4 .6 ae.s -tie '611 I ) Aesaas = 1•6430Co'RQ" 21x4.0 Fl.!+ 4. 4O7 "A" IS I ACRE 3 +S 1+a Sa`44` a 16'.t. t TO 4 ,.rigK1,.Iw&M 4011i14 LINE, NE I4 . if C: S J}N Woo' Fe LOT "A'— i ocRa s r W3'121146N'LA* LOT "Er— tso hems% 2 TVA p i .rr TOTAL woo moms i OF 6aCJllNilAld fir_ �.*~ ii l.' _.i- ;+ e i... - _ '_ � ' - .. L06ATION MAP pie s▪ ac ▪ toN 4. ktoteriew 4 AaOO sew ,2' II 407E MO F16LD SURVa( v GCNDUCTaP IT Sy IWTSnhOW2 To 5�Ava T140 SG>tITW Liwa dp 'AAGTs TIR 1!4 $aGT1ON Alb MAN' Ma OttletaANDUD 11+ rum= ar laar I Of I+ ell MU nowM#lq engrave Cl.fm! ►UOEJLT stuNal ""-- 4O1116.iilD FS. PC. • SlG D, Inc. LG SKL13209 WE 1845409-1980.001 RECORDED EXEMPTION NO.0807-5-I -RE 465 • K DESCRIPTION OF iy 4fi The Northeast ikurter (8E1/4) of Section Five (S). Township Six (6 li i r�R North. Range Sixty -teeth C571 last of the 6th P.N.. and except a Al I l parcel of land containing 3.52 acres more our leis, is conveyed to the Department of Highways. State of Colorado. by special warranty dead recorded in look 568. Reception No. 1489974, Weld County Records. SURVEYOR'S CERTIFICATE I hereby certify that this plat wee prepared under lay supervision and that the.ssee la correct to the beet of a knowledge end b 1 of, .„0, 111gls r4Lr Colorado Rte. No. 14823 5e1, the irder•signed, being the sole owners in fee of the abeve.described property do hereby subdivide the .aaie as sheen on the attached cep. fv r 9 �q i vier ' ksI' 'eh -r The Fpttgotpg certification was atkneeledged before .e this ZYit,t; day 1$7,,• � /. r',yw' 11,0., Paycorribsefor:apirig # }an Expires: F)riUYa.t* tkness ter hand Eh -a Seal The accsemenying plat is accepted and approved for filing,. �.. 6 CIerk Data J eC lie prey Coamy CA .a/i0/i9.$ MN EWE. nma�5� rll . ti.MF awaits a or Z. LCOe u Mr eerie-i& & Ma Fe Aa r CA. SKLD, Inc. LG SKL132O9 WE 1845409-1980.002 4/3 O Prepared by: HASLER AND tOLawI2A AttF 0013 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO Attorneys at Law Post Office Box 2267 Fort Collins, CO 80522 AR2:22558 B 1178 REC 02122558 11/25/87 10:39 *9.00 1/003 WARRANTY DEED (West Farm) State Documentary Fee Date .1:46;eis3172.rtR$7' THIS DEED, made this 020-L` day of November, 1987, by and between AUGUST SCHNEIDER and FRIEDA SCIINEIDER, whose mailing address, for purposes of this warranty Deed, is 219 - 9th street, Windsor, Colorado 80550 (hereinafter "the Grantors"), and HARRISON RESOURCE CORPORATION, a Colorado Corporation, the mailing address of which, for purposes of this Warranty Deed, is 760 Whalers Way, Suite A-200, Fort Collins, Colorado 80525 (hereinafter "the Grantee"). WITNESSETH: That the Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to the Grantors in hand paid by the Grantee, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the Grantee, its successors and assigns, forever, that certain parcel of real property, together with all improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of the Grantors, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto the Grantee, its successors and assigns, forever. And the Grantors, for themselves and their heirs, administrators, and assigns, do covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the Property; have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as afore- said; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and the Grantors do hereby warrant the title to the same, subject to all easements and rights -of -way in place or as now existing or of record; any restrictions, reservations, or exceptions contained in any yd States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; general property taxes for the current year; and expressly subject to all of the following: Leases and Tenancies: Farm Lease which expires December 31, 1987, and Goose Leases which expire January 10, 1988. Mineral Exceptions or Reservations: Those of record. HF Form No. 1 (3/86) kip SKLD, Inc. LG. 8KL13209 WE 2122558-1987.001 AUGUS SCHNEIDER B 1178 REC 02122558 11/25/87 10:39 *9.00 2/003 F 0014 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Mortgages or Deeds of Trust: None. The Grantors, for themselves and their heirs, administrators, and assigns, do covenant and agree to and with the Grantee, its successors and assigns, that the Grantee, its successors and assigns, shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and enjoy the Property hereby granted, or intended so to be, with the appurtenances, without the lawful hinderance or molestation of the Grantors, their heirs, administrators, and assigns, or of any other person or persons whomsoever, by or with their consent, privity, or procurement. IN WITNESS WHEREOF, the Grantors have executed this Warranty Deed the day and year first above written. FRIEDA SCHNEIDER STATE OF COLORADO Ss_ COUNTY OF LARIMER The foregoing instrument was acknowledged before me this November, 1987, by AUGUST SCHNEIDER and FRIEDA SCHNEIDER. WITNESS my hand and official seal. My commission expires: ////O/ Notary Public - 2 - a{' O T" - day of p/a„,140,.u&f_.i4 - - -.,4,,-0 SKLD, Inc. LG SKL13209 WE 2122558-1987.002 B 1178 REC 02122558 11/25/87 10:39 *9.00 3/003 F 0015 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN AUGUST SCHNEIDER AND FRIEDA SCHNEIDER ("THE GRANTORS") AND HARRISON RESOURCE CORPORATION ("THE GRANTEE") LEGAL DESCRIPTION OF TEE PROPERTY Township 6 North, Range 67 West of the 6th P.H.: Section 5: W1/2NE1/4s County of Weld, State of Colorado. (Vacant land, no street address assigned) TOGETHER WITH all water and water rights, ditches and ditch rights, laterals and lateral rights, wells and well rights, sumps, return water systems, decrees, lakes, and reservoir rights, belonging or in any way appertaining to the above -described property, including, but not by way of limitation, four (4) shares of the capital stock of The Windsor Reservoir and Canal Company, two (2) shares of the capital stock of The Larimer & Weld Irrigation Company, and two (2) shares of the capital stock of The Lake Lee Lateral Company. - 3 - SKLD, Inc. LG SKL13209 WE 2122558-19B7.003 AR2132905 r RECORDED EXEMPTION NO. 0807-5 -1-RE I 070 Fi1e#4747 Env 2676 F 11V7 #EC 02132905 03/04/68 12:17 $6.00 1/002 F 1125 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO *MTN LINE NEl/4, SEC. 0- e -I1 N !/� . D, a-a-i# s NeotitrE NM LIME LOT IAN 29.47 AC. . s !nal. R 1 ,, CT", CON INC. 3 -O -fir tCP 8 COUNTY IIE C. w,/=, NE I/4, 11#7.27' RQt1O tae, s- sr BI9_I1 IMh T0. LOT 34.00AC. f4cl. R/W ■ S 9?°55'13•E 79.39. 407,03' 'S31.68' TEo.tlr'— s Or 35 e1 W 102sJ! SOUTH LINE NE 1/4, NEC. a • •-!T ' /11 c°uNre 5 ME CORD Isl/R, NE IA, SEC. E-d-dy SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTIONS. MAP PREPARrEEYDf 9�eY' SURVEYING, ttee/r,, I1R J L MO SURVEYING, RIC. 1301 N. Cleveland Avenue LO4ELNC, COLORADO SOS" Mew 1404414 Aecorduie ea Caliente.% lay yeu not cemn.ce any Erdal nation harad uann aa,,r deface en thee Vadwy within these yaws alter Ys+ Ilrat diiCa.rt pad, d lset. In nv gran%. wT scow, head wan w} defect in this mewl, be ea encad peen than tan yaws from the data e( tar eac,i(tr.s,a,. a NMI harm". FED. NI, 1O/! SHEET I OF 2 P-1117-1295 SKID, Inc. LG SKL13209 WE 2132905-1988.001 RECORDED EXEMPTION NO. 0807-5-I-- RE 10 TO B F 1187 REC 02132505 03/04/88 12:17 X6.00 2/002 1126 NARY ANN PBLERSTEIN CLERK & RECORDER WELD CO, CO RECORDED EXEMPTION N0. RE -1070 06717 That portion of the West Half of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more partic- ularly described as follows: Considering the North line of the Northeast Quarter of said Section 5 as bearing South 89°59'12" East and with all bearings contained herein relative thereto; Beginning at the North One -quarter corner of said Section 5, thence along the North line of said Northeast Quarter South 89°59'12" Eaat 1187.27 feet; thence South 06°24'54" West 1310.45 feet; thence South 00°32'14" East 1272.65 feet to the South line of the Northeast Quarter of said Section 5, thence along said South line South 88°36'51" West 1028.71 feet to the West line of the Northeast Quarter of Raid -Section 51 -thence along said West -line North 00'132`14" West •2600. i2• -feet' tar the Point of Beginning. Said parcel contains 63.47 Acres, more or leas and is subject to all easements and rights of way of record. k �] I (we)cizjitIrr.".:t)HAI�sof •Avik.T.E + n C:A0?` being tole owner(in feethe hove -described property o hererby divide the,same as shown on the attached map. rrison Reeouueeu Corporation The fore certification was ac10 owledged before me this .. . day of ' ,.Cic;A� A.D. 19 c� (• My commission expires ,__),.4;________ I + ' Notae, Publ c • Witness my hand and seal. rt � J.D� 1 ir% ✓-'F.t rY iv I fy that Ehia plat was prepared under my supervision and that the sale. - the best of my knowledge and belief. 11 Co. L.S. 002374 This plat a acce•ted ••roved for filing. Department pi larming Sery ce irector The foregoing certification wns acknowledged before ue this A. a:; 9t' - .. My commission expires .++v c°•ronus.°^ torque.. Fab. t3. 1FMI Notary Public rZter, et Witness my hand and seal. 1 t \St% PREPARED ay, otrommumosummospAc 1301 N. Cserrgnd Awsnie LOWLA C, C0tORAD0 8053T Palm' 401s ateaedlt• Co]ar°3o lam T ' surd eerr*en any !WI *Win tuned wen .a,7 defied m ehi° `tihn dthmn dhnr rrra after on. !lira diaonfr a.LI, 8elett. I. .w n•rnz, wan, rental hand opal . y .pact in thin dwaaa.ftejl not,' 11.— Cdr rug 60.. the date of she rensfsntin, anoin SHEET 2 OF 2 FEE. Jl1ISNS P -S7-1296 SKLD, Inc. LG SKL13209 WE 2132905-1988.002 8 1226 Pee 02173169 03/10/89 16330 $12.00 2/004 prepared by: F 2325 MARY ANN FEUERSTEIN CLERK & RECORDEit WELD CO, CO AASLER, FONFARA AND MAXWELL Attorneys at Law Post Office Box 2267 Fort Collins, CO 80522 Arie17.3L6`J WPRRRANTY DEED State Do,. ry Data AA' THIS DEED, made this 10th day of March, 1989, by and between HARRISON RESOURCE CORPORATION, a Colorado Corporation, the mailing addrees of which, for purposes of this Warranty Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525 (hereinafter "the grantor"), and PETER C. HYLAND and NANCY D. ]HYLAND, as joint tenants with rights of survivorship and not as tenants in common, whose mailing address, for purposes of this Warranty Deed, is 2515 Falcon Road, Fort Collins, Colorado 80526 (hereinafter "the Grantees"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to the Grantor in hand paid by the Grantees, the receipt of which it hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto the Grantees, their heirs, administrators, and assigns, forever, that certain parcel of real property, together with all improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, whioh is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Property"). TOGETHER with all and singular the hereditanents and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto the Grantees, their heirs, administrators, and assigns, forever. And the Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantees, their heirs, administrators, and assigns, that. at the time of the ensealing and delivery of these presents it is well seized of the Property; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and SKIM, Inc. LG SKL13209 WE 2173169-1989.001 B 1226 REC 02173169 03/10/99 16.30 $12.00 2/004 F 1326 MARY ANN FEUERS'1'EXN CLERK & RECORDER WELD CO,. CO encumbrances of whatever kind or nature soever: and the Grantor does hereby warrant the title to the same, subject to all easements and rights -of -way in place or as now existing or of record; any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all zoning and other governmental rules and regulations, general property taxes for the current year► and expressly subject to all of the following. Leases and Tenancies: None. Mineral Exceptions or Reservations: Those of record. Restrictive Covenants: Cnvenantss, conditions, and restrictions s contained in Deed from the Grantor to Kenneth a. Hall and Margaret K. Hall recorded April 5, 1988, in Book 1191 under Reception No. 2136828 of the Weld County, Colorado records. Mortgages or Deeds of Trust: The lien of that certain Deed of Trust dated August 30, 1988, and recorded September le 1988, in Book 1207 under Reception No. 2152608 of the Weld County, Colorado records, which secures a Promissory Note payable to The ~arm Credit Bank of Wichita, a Corporation, in the original principal amount of Fifty -Seven Thousand Dollars ($57,000.00), which Deed of Trust and Promissory Note the Grantees herein expressly assume and agree to pay. Miscellaneous: Any historical rights to deliver water along the Ear north edge of the Property, adjoining the roadway or through T.he underground tile now located under the Property, to irrigate a parcel of land containing approximately seven (7) acres owned by third parties and located in the northwest corner of the Southeast 1/4 of Section 5, T'swnship 6 North, Range E;7 West of g;he 6th P.M., Weld County, Colorado. B.eryation_.QL_' . me : For purposes of irrigating certain real estate of which the Grantor is retaining ownership, the Grantor expressly excepts and reserves to itself and to its :successors and assigns a nor -exclusive, perpetual easement and right-of-way to use an existing irrigation ditch which is located on the east side of the Property (hereinafter "the Ditch Easement"). The Ditch Easement shall include a non-exclusive, perpetual easement and right-of-way over so much of the Property as is reasonably necessary for the purpose of using, cleaning, ;restoring, and/or maintaining the said ditch. The Ditch Easement shall be transferrable by the Grantor. - 2 SPCLD, Inc. LG SKL13209 WE 2173169-1989.002 B 1226 EEC 02173169 03/10/89 16:30 $12.00 3/004 F 1327 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO The Grantor, for itself and its successors and assigns, does covenant and agree to and with the Grantes, their heirs, administrators, and assigns, that the Grantees, their heirs, administrators, and assigns, shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and enjoy the Property hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of the Grantor, its successors and assigns, or of any other person or persons whomsoever, by or with its consent, privity, or procurement. IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed the day and year first above written. 1 t111��T. 1�J1J{Jj�? 4�YY S 0 :i / -Y.. J STATE of COLORADO COUNTY OF Weld S. -Harrison, Secret as. Y HARRISON RESOURCE CORPORATION, a color . Corporation raig D. - son, President The foregoing instrument was acknowledged before me this 10th day of Marsh, 1989, by Craig D. Harrison as President and Christina S. Harrison as Secretary of HARRISON RESOURCE CORPORATION, a Colorado Corporation. WITNESS my hand and official seal. My commission expires: Dece ber 1, 1990 Notary Public - 1113 10th Avenue Greeley, CO. 80631 3 - SKIM, Inc. LG S1cL13209 WE 2173169-1989.003 B 1226 REC 02173169 03/10/89 16:30 $12.00 4/004 • F 1328 MARY ANN FEUERSTEIN CLERE & RECORDER WELD CO, CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED F3ETVEEN HARRISON RESOURCE CORPORATION ("THE GRANTOR") AND PETER C. HYLAND AND NANCY D. HYLAND ("THE GRANTEES") I.SeAL DESCRIPTION 2r TRE_MOPEZTX Lot e, Racoraed Exemption No. oe0'J-5-1-RE1070, recorded March 4, 1988, in Book 1187 as Reception No. 2132905, being a portion of the following described property; That portion of the W1/2 of the NE1/4 of Section 5, Township 6 North, Range 67 West of the 6th P.M., being more particularly described as follows: CONSIDERING the North line of the NE1/4 of said Section 5 as bearing South 89°59'12" East and with all bearings contained herein relative thereto: BEGINNING at the N1/4 corner of said Section 5, thence along the North line of said NE1/4 South 89°59'12" East 1187.27 feet; thence South 06°24'54" West 1310.45 feet; thence South 00°32'14" East 2272.65 feet to the South line of the NE1/4 of said Section 5; thence along said South line South 88°36'51" West 1028.71 feet to the West line of the NE1./4 of said Section 5; thence along said west line North 00'32'14" West 2600.12 feet to the POINT OF BEGINNING, Weld County, Colorado. (Vacant land, no street address assigned) TOGETHER WITH one (1) share of the capital, stock of The Larimer & Weld Irrigation Company, one (1) share of the Capital stock of The Larimer and Weld Reservoir Co., one (1) share of the capital stock of The Lake Lee Lateral Company, and one (1) unit of Northern Colorado Water Conservancy District water. - 4 - SF D, Ina. LG SKL13209 WE 2173169-1989.004 so, 1111111IIIIIIIIIIIIIIIIIIIIMIIImlllllllllllllllll 1 of 1 R 5.00 0 0.00 Weld County CO WARRANTY DEED PETER C. HYLAND and NANCY D. HYLAND (the "Grantor") whose street address is 7680 WCR 74, WINDSOR, COLORADO 80550 , for the consideration of seven hundred fifteen thousand dollars ($715,000.00) and other valuable considerations in hand paid, hereby sells and conveys to Schnieder Farm, LLC (the "Grantee") whose street address is 7680 WCR 74, WINDSOR, COLORADO 80550, the following real property in the County of WELD, State of Colorado, to wit: Lot B, Recorded Exemption No. 0807 -5 -1 -RE 1070, recorded March 4, 1988, in Book 1187 as Reception No. 213 2905, being a portion of the following described property; That portion of the W1/2 of the NE 1/4 of Section 5, Township 6 North, Range 67 West of the 6`11P.M., being more particularly described as follows: CONSIDERING the North line of the NE1/4 of said Section 5 as bearing South 89°59'12" East and with all bearings contained herein relative thereto: BEGINNING at the N1/4 corner of said Section 5, thence along the North line of said NE 1/4 South 89°59'12" East 1187.27 feet; thence South 06°24'54" West 1310.45 feet; thence South 00°32'14" East 1272.65 feet to the South line of the NE1/4 of said Section 5; thence along said South line South 88°36'51" West 1028.71 feet to the West line of the NEI/4 of said Section 5; thence along said West line North 00°32'14" West 2600.12 feet to the POINT OF BEGINNING, Weld County, Colorado. TOGETHER WITH one (1) share of the capital stock of The Larimer & Weld Irrigation Company, one (1) share of the capital stock of The Larimer and Weld Reservoir Co., one (1) share of the capital stock of The Lake Lee Lateral Company, and one (1) unit of Northern Colorado Water Conservancy District water. with all its appurtenances and warrants the title to the same, subject to the following: PROPERTY TAXES FOR THE YEAR OF SALE, NOT YET DUE AND PAYABLE RESERVATIONS CONTAINED IN DEED RECORDED 3/10/890 AT RECEPTION 02173169 Signed: March 27, 2002. df.,=d& PETER C. HY STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me March 27, 2002., by PETER C. HYLAND and NANCY D. HYLAND. ,,„ti t,,, : W itness my hand and official seal. N C My commission expires: 10 Notary Public ?Oki" F/ T-6 1 VI:, SKLD, Inc. LG SKL13209 WE 2937501-2002.001 100'6006-Z6065'6Z am 60ZEVINS 9'I 'Dui 'arms 12723 1/1 44 I 04 I a▪ cy. 11^ J I�4 • 1 • Pzq Ewa oE.." E-4 a W • ai 44 O Q 0 44 • rim COUNTY OF WELD, STATE OF COLORADO B� r& 11; zi sg a x�Ls ,i, •�,b�yP 6.c�..a.�5 a i 6i Ji ,lii , H P $ , 1l y :z awl If. I.i141i'P - LE _� F zr '1,01 lol d [t d NJNVU 831-' A311an 10 1Vld .•...� iors ..-•fa•.00 x 0101 311-I -0-1.080 '08 NO ld13%3 03000D311 i�.-- ppF 31vF�g .5WOMIW 10 £Asl9 w 3 m L rr 4 zit e l `` 1! 5 { lb .l 17 i E20 S zit rIl 1i 1 l;?. It 'II :}-III.Itslli tEiil „, if Efjil i E, Eta le is 1.41r ��€E'�d a{ it,oli!!1##, i�[$i l kk' { I i# vi 4 •{3 F.:a :� �' r rIEF!' et `F 4 a• P. 4 = .hi3 €'` F "I u 1 I•.r il.rt ,� $# F ilEFI I ; f , z a iii {fi,i i !,Jill it i I i is �igtKNL ;Iii! IP fl3dall , S� iI w ,i icy Em... yS i. 1, r(j ill ti {�lE i. ii€�h l� au! EE{�iiielt iii 'i '''I ! { I 1$ r ₹ !ill "{i d 1' li II VII !l9 t} ;I;. t# Ii-iFii i ''S3=iiiE �'kal 3 i'..+F3 ; fill ,11111 f� Jill ll ip le ;ill I. 4, r41• li;,4i; iq l'il- i ii[r li 41 ;ln.1 i` al €. € J i l li silt t1,:ill ' i •i{ l.t' 3sf44j i € i , i iii S 7z PIA q X91 EEf- p l IIiit` .ij�'�L. sip ki, tit li !till tat“�- I i (( l: j i{g lid 4 4} i.. k 0.10,6 L₹ •o, i i. t ft7 . 1� i 1�d�k3 i I4 E` S, C 7Lj3E'L it ,€'kj �' LE E s� F15 ' iF jil r-1;: ' .=iE"', ! lt' _3 . ii i ,Si Et i t r,, iE .till 1 I I'=iI f1{!r tiE !'ii�IiiseE.t � �itt 34 �id r!. � � �'�s ��d i�i!� ti19h -�� 11�i�i{i{t.! 1lli iF i.'11; F$ 4- ail d 4lz. i l 3{1i1€ t1.,• ie;Y ',lt;rh- s��•i ' $ 1 7� !� 'E{{i "it 3[.f itf l' L a:ail ! i .:,ta gad _�2; ;.I +, ttit tg itFf I�11EEi .: F. 0 V . S I Fzi+� i I11111111111111111111 1111111 III 1111111 H111111111111 3151776 01106/2004 03:03P Weld Coo*, CO 1 of 2 R 11.00 D 22.90 Steve Morena Clerk & Recorder WARRANTY DEED THIS DEED. Made this 3rd day of February . 2004, between Schneider Farm, LLC of the County of Weld tend Stale of Colorado grantor, and Prima Construction Services, Inc. i21 - VD I t! Yi 6 i` li lsa ru if r bT L421,4 it , C a 1,T. wio>;e legal address is ism`' ' - r crtr� '$Z--6' T! ?bi r ; "" •-r. on,1 of file County of Weld :aid State of t"o 1 arado Balance: WIThESSETH. That the granter. for and in con;tdaration °Utile sort of TWO HUNDRED TWENTY NINE THOUSAND AND NO/100 DOLLARS, ($229, 000 . 00 ), the io.;tpl and sulflr cl1cy of wtiteh is hereby aeckr ovolettycli. 1i groiLud. ling conveyed. ,viol iry dime lot eient. dies y,Tarl_ bargain. sell. cnnvel and c'ulllinrt titbit IIII pualee_ his Jlell' ttral ussiurs tnl'rver. all the real prnperly Lsi elfin with iroprnvciltentc, if any. situate ly'tng ,ulti hc'inr i1, IY1c Creall(y of Weld . ;Ind Suite lot ('.rlorklo. described as Follows: Lot B of Recorded Exemption No. 0697 -05 -1 -RE -3303, recorded June 7, 2002 at Reception No. 2959092, being a portion of the West Half of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th P.M., more particularly described as follows: Considering the westerly line of the Northeast Quarter of Section 5 as bearing N 00'32'14"W, and with all bearings contained herein relative hereto. Said line being monumented by a 4" aluminum cap on a 3" pipe, LS 12374 at the center --Continued-- also known bysteetand purr -hunts 7650 WCR 74, Windsor, CO S0550 TOGETHER with all and singular the herediluments and appurtenances thereunto belonging. ut in anywise appertaining. end the reversion and levensions. reiruiinder and remainders. rents, issues and piolits thereof, end all the estate. right, title, interest. claim and dernwrd whatsoever ni the grantor either in law or equity of in and to the ubuve bargained premises, with the tiered I tame nt% : Jilt allpw'Icipaeca, TO HAVE. AND TO HOTS) the said premises :Ibove bargained and deiuihed with the appurtenances. unto the grantee, his heirs fanl Fie' a gins tai ever Ainl Lhc glnnh,l. for him's 1, hi: heir, eel perNonal let le,unl Ill it 15. Llec: s,1t41i. t. gl;ull. IIIky's: iii .mat a v4 t0 and with the grandee his heirs:ant Ila1r0ns. that al !Ike liii le of the Luir.,lillg and delivery nt thtac pl c,e ity. }le le iseit seized of the pt'miisei above iiSnve'yal_ leis pthlLl_ au'.-. gilli'ct, Ilnll IIIIJnta,cil'Ie aisle Ut l lilreril;il}L'L'. in lLLW. In lee $n urte. cii i h;IS g,x)d rll!JR tali pashas .Intl i':I Wi LLI :IIIIhSrrll}' to grail. tnir 'ill sell tins CO1IVey 111e sane lit Ireiiiel 111141 k.i 111 11 ldoes:lid, aid Ihut the i:,irk ,.t flee .out clean troll HIL runlwr and odic!' ki':,0k hmrttani,. s41e% liens_ taus_ ,15xessrriU%L'. encumhsrltcns and re%lritil,ti sd whnlc YC! klnal of 110 Hire suevcr, ea rept h,r luxes for tilt currant yrur,e lien but not yet due and payable, anti those y ecitk Excepted by Wei -cur to rerunlyd dam ai nts es reflected in the Title ii)rrumelur ureepted by Ylu)'er III ileeiirdence with xrrdaur Mrs 'Tide Rrriewl. albs tat itrnsa delell November 24, 2003 _,between the parties. The ir,uiiVr1311,11'lid ts0IWAHI{ANT AND FOItEVCRDbFENI)the_ alrasvr-i\ iin Anted pt'emlticsinthe quiet and peaceable posse s • 311111 of the grunter. itt9 reirs,uld :rasigux. lip mud ;di .1ILIe5sry pea oc1 ur pct.,+as laainlly 1. tinting {tic •dulls W' env Fnut ilteteof. The si ilirilae 11uaslier ih,dl iut9n.te tier+ pill id. the plural the sulgLdilr. anti the n,+q ut ;Illy MI6.' r shill by orpheable. In ,iii gcnelsIF. IN WITNESS WHEREOF. the gamier has executed this deed on lie date set faith above Member Sobel - i . r Ii' Peter C. Hylan/ Member STATE OF COLORADO C OUNTY OF LARIMER Tile foregoing inrtnimeat was acknowledged before me Ibis 3rd Peter C. Hyland as 1So Cr.er. —. . _ My Commission expires: March 25, 2006 15AlrkANTY (PEED ;tor rh.Aupnpii. Rei%.1.11 a .1ieSal DEBBIE POOL NOTARY PUBLIC STATE OF COLORADO My Commtwilan Expires 3i15M0R don O1 February , 2004 by of Sc'hticider Farm, LLC. eel ie':y Public Debbie Pool Pie fF UFh l41n14Atrtt SKLD, Inc. LG SKL13209 WE 3151776-2004.001 111111111111 IIIII IIIII 1111111 III 1111111 !II IIIII 1111 lilt 31&1776 DV06/2004 03:03P Weld County, CO 2 or 2 R 11.00 0 22.90 Steve Moreno Clerk & Recorder 7650 WCR 74 CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED February 3, 2004 quarter corner and a 2 1/2" aluminum cap on a )t6 rebar, LS 25619 at the north quarter corner. From the North Quarter corner Section 5; THENCE S 89'59'12" E, along the north line of the Northeast Quarter, 568.16 feet to the Northwest corner of Lot B of said RE, and the POINT OF BEGINNING; THENCE, along the perimeter of said Lot B, the following nine courses and distances: 1) S89'59'12' E, continuing along said line, 30.17 feet to the northwest corner of Lot A of said RE: 2) S 06'10'26' W, along the westerly line of Lot A, 1107.35 feet; 3) S 18'04'10" E, along the southwesterly line of said Lot, 192,74 feet; 4) S 87'55'16" E, along the southerly line of said Lot, 502.16 feet to the southeast corner of Lot A and the northeast corner of Lot B; 5) S 00'32'14' E, along the easterly line of Lot B, 1272.65 feet to a point on the southerly line of the Northeast Quarter of Section 5; 6) S 88'36'51" W, along said line, 531.68 feet; 7) N 00'32'14" W, 1304.83 feet; 8) N 87'55'13" W, 79.39 feet; 9) N 06'10'26' E, 1287.67 feet to the POINT OF BEGINNING. County of Weld, State of Colorado F'II, it GPIl4804AD3 SKLD, Inc. LG SKL13209 WE 3151776-2004.002 111111/11111 ff111 11111 1111111 1111 111 2214O67 00/31/2004 10:32R Weld o nt ,111111111111!co 3 R 16,00 D 24.74 Steve Moreno Cler, Recorder 067 WHEN RECORDED RETURN TO: Name: Richard L. Cinkel Address: 500 Spinnaker Lane Fort Collins, CO 80525 t L-04 WARRANTY DEED THIS DEED, made this 17th day of August, 2004, between Prima Construction Services, Inc., a Colorado Corporation a corporation duly organized and existing under and by virtue of the Ia of the State of Colorado, grantor, and Richard L. Cinkel and Cathy J. Cinkelh °se"legs al a ress is 500 Spinnaker Lane, Fort Collins, CO 80525, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of $247,400.92, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: Lot B of Recorded Exemption No. 0807 -05 -1 -RE -3303, recorded June 7, 2002 at Reception No. 2959092, being a portion of the West half of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the westerly line of the Northeast Quarter of Section 5 as bearing N 00°32'14"W, and with all bearings contained herein relative hereto. Said line being monumented by a 4" aluminum cap on a 3" pipe, LS 12374 at the center quarter corner and a 21/2' aluminum cap on a rebar, LS 25619 at the north quarter corner. From the North Quarter corner of Section 5; Thence S89°59' 12"E, along the North line of the Northeast Quarter, 568,16 feet to the Northwest corner of Lot B of said RE, and the POINT OF BEGINNING; Thence, along the perimeter of said Lot B, the following nine courses and distances; S89°59' 12"E, continuing along said line, 30.17 feet to the Northwest corner of Lot A of said RE; 506°10'26"W, along the westerly line of Lot A, 1107.35 feet; Si8°04' 10"E, along the Southwesterly line of said Lot, 192.74 feet; S87°55' 16"E, along the Southerly line of said Lot, 502.16 feet to the Southeast corner of Lot A and the Northeast corner of Lot B; File Number: 20044564 -0.6 -TO CORRECT BUYERS NAME Stewart TItic of Larimer Couty, Inc. Warranty Deed (Corporation) Page I of 3 STEWART TITLE ,o 2L91 . SKLD, Inc. LG SKL13209 WE 3214067-2004.001 1 111111 11111 III IIYI HWI NII 111111 III 11111 I11 liii 321467 08/31/2004 10:32A Weld County, CO 2 of 3 R 16.00 D 24.74 Steve Moreno Clerk Recorder 800°32'14"E, along the easterly line of Lot B, 1272.65 feet to a point on the Southerly line of the Northeast Quarter of Section 5; S88°36'51"W, along said line, 531.68 feet; N00°32' 14"W 1304.83 feet; N87°55'13"W, 79.39 feet; N06°10'26"E,1287.67 feet to the POINT OF BEGINNING. County of Weld, State of Colorado. EXCEPTING herefrom all oil, gas, minerals and mineral rights. also known by street and number as: 7650 WCR 74, Windsor, CO 80550 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, and its successors, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Except easements, rights of way, covenants, restrictions and reservations of record or in place on the date hereof, taxes and assessments levied or assessed for the current year and subsequent years. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Prima Construction Services, Inc., a Colorado Corporation File Number. 20044564 -C -6 -TO CORRECT BUYERS NAME Stewart Title of Lorimer County. Inc Warranty Deed (Corporation) Page 2 of 3 SIJD, Inc. LO SKL13209 WE 3214067-2004.002 1111111 I111I ti11II 11111 1111111 IIII I111I1 111 11111 1111 IIII 3214087 00131/2004 10:32A Weld County, CO 3 of 3 R 16.00 17 24,74 Moe Moreno Clerk & Recorder By Steve Carver President STATE OF Colorado COUNTY OF Latimer The foregoing instrument was acknowledged before me this 17th day o£ August, 2004, by Steve Carrier, President My mission expires April 24, 200$. Witness my hand and official seal. File Number: 20044564 -C -6 -TO CORRECT BUYERS NAME Stewart 'Title of Larimer County, Inc. Warranty Deed (Corporation) Page 3 of3 SKLD, Inc. LG SKL13209 WE 3214067-2004.003 Illill1111111111i1111111lMi ��INh1�II1111kI1�I I1N 3236431 11f2412404 42.89 1 of 311 2U0 D O.OO gteue 1llotanv t;lerkd Reoordet 434 067 I� �t,hli f l�l Its lit 3 R te,p0 D 14,74 Mae Marina Mel A Nssa►der WHEN RECORDED RETURN TO: Name: Richard L. Cinkel Address: 500 Spinnaker Lane Fort Collins, CO 80525 #. '1,74 WARRANTY DEED THIS DEED, made this 17th day of August, 2004, between Prima Construction Services, Inc„ a Colorado Corporation a corporation duly organized and existing under and by virtue o4 the ]s s of the State of Colorado, granter, and Richard L. Cinkel and Cathy S. Cinkel'K h igelegaiWess is 500 Spinnaker Lane, Fort Collins, CO 80525, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of $247,400.92, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real properly, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: Lot B of Recorded Exemption No. 0807 -05 -1 -RE -3303, recorded June 7, 2002 at Reception No. 2959092, being a portion of the West Half of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6ffi P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the westerly line of the Northeast Quarter of Section 5 as bearing N 00'32'14"W, and with all bearings contained herein relative hereto. Said line being monumented by a 4" aluminum cap on a 3" pipe, LS 12374 at the center quarter corner and a 21/2' aluminum cap on a $6 rebar, LS 25619 at the north quarter corner. From the North Quarter corner of Section 5; Thence 589°59'12"E, along the North line of the Northeast Quarter, 568,16 feet to the Northwest comer of Lot 13 of said RE, and the POINT OF BEGINNING; Thence, along the perimeter of said Lot B, the following nine courses and distances; S89°59' 12"E, continuing along said line, 30.17 feet to the Northwest corner of Lot A of said RE; 506°10'26"W, along the westerly line of Lot A, 1107,35 feet; S18°04'10"E, along the Southwesterly line of said Lot, 192.74 feet; 587°55'16"E, along the Southerly line of said Lot, 502.16 feet to the Southeast corner of Lot A and the Northeast corner of Lot B; Flle Nuber. 20044564 -C4 -TO CORRECT BUYERS NAME Slow rile or Lrimer County. loc, Werninry Deed (Corporation) Page l of3 STEWART TITLE hod L/1454,4 RERECORDED TO ADD DEED RESTRICTION ** SKIM, Inc. LG SKL13209 WE 3238434-2004.001 Il 111 11111111111I11II IIII IIII1111111lB 1111111111111 3238434 11/2412044 02:39P Wald Courly, CO 2 of 6 S 28.30 0 0.00 Steal' Marino Mk & Recorder 2 O1 3371t 10 44 021��Bleva Parana o q 0 Recorder S00°32' 14"E, along the easterly tine of Lot B, 1272.65 feet to a point on the Southerly line of the Northeast Quarter of Section 5; S88°3 6'51"W, along said line, 531.68 feet; N00°32'14"W 1304.83 feet; N87°55'13"W, 79.39 feet; N06°10'26"E,]287.47 feet to the POINT OF BEGINNING. County of Weld, State of Colorado, IMO EXCEPTING herefrom all oil, gas, minerals and mineral rights. also known by street and number as: 7650 WCR 74, Windsor, CO 80550 TOCETHER with all and singular the hereditarneats and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditarnents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, and its successors, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns. that at the time of the cascading and delivery of these presents, he is well seized of the premises above conveyed, has good. sure, perfect, absolute and indefeasible estate of inheritance, in law, in fat simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all farmer and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrietiwns of whatever kind or nature Stever, except Except easements, rights of way, covenants, restrictions and reservations of record or in place on the date hereof, taxes and assessments levied or assessed for the current year and subsequent years. The grantor shall and will WARRANT AM) FOREVER DEFEND the above -bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, I1 WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its !'resident, and Pis corporate seal to be hereunto affixed, attested try its Secretary, the day and year first above written, Prima Construction Services, Inc, a Colorado Corporation File dumber: 20044j6e,{'.-TUCORRECT BUYERS NAME ,Stawan 1 Mt °f Laimcr Ceunry, toe. Warranty raga tterporgloat Pais 2 of3 S LD, Inc. LG SIt113209 ME 3238434-2004.002 1111111 IIIII 1111111111111#11 I II IIIlIII III 11111 IIII 1111 3238434 11J2412004 02:39P Weld Gaufly,CD 3 at 5 lk 2C,00 D 0.00 Stew Moreno Clerk a Recorder I I 3214067 00131/2004 10:02.4 Weld County, CO 3 or 2 R 16.00 D 24.74 Bove Moreau Clerk 4 Recorder III By STATE OF Colorado COUNTY OF Larimer The foregoing instrument was acknowledged before me this 17th day of August, 2004, by Steve Carrier, President My fission expires April 24, 2008. Witness my hand and official seal. blic: File Number ZOW436.1X-b-TO CORRECT BUYERS NAME Sicx4/1 Tick nF i.umer L,w„ly. int. Wu mmy De4 fOofianiionl P,Sc a on 3KLD, Inc. LG SKL13209 WE 3238434-2004.003 I IIIIII IIIII IIIi tiI11 II 11I'1 SI1IIlt III 1IIII Ii1l Iiii { 114.414004 4 01 5 R 44.00 0 0.04 Stare litteea Claml Aeoordnr i n'reby rerijls that the t 3 title auplicals p1 the Ui1,1A>rall,NOPYt-a}y o,.,"F 7If Witness my tlattd day of el( `-?' Weld Ca .ly Clem: u:r4 lfecafder eid ty,, Coiar3do (2. cr Deputy SKIM, Inc. LG SKL13209 WE 3238434-2004.004 Closing. 1111111 11111 I1III 1111111111111111111111 RI 11111 I II 1111 3238434 11!2412!(144 D2:39P Weld Coant*, 00 6 al 5 l MOO 0 0.00 Owe Moreno Clerk ✓!t Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OP THE CONTRACT TO BUY AND SELL REAL ESTATE (VACANT LAND -FARM -RANCH) BETWEEN PRIMA CONSTRUCTION SERVICES, INC. ("SELLER'") AND RICHARD L. CINKEL AND CATHY I. CINKEL ("BUYERS") DEED RESTRICTION In consideration of the sale of the Property Go Buyers by Seller, Buyers agree to enter into a construction agreement with Seller on or before December 1, 2004 (the "Construction Agreement"). The Construction Agreement shall provide for Seller to serve as general contractor for the construction of a residential dwelling qn the Property acceptable to Buyers of not less than 4,000 square feet. For good and valuable consideration, the receipt of which is hereby acknowledged, Buyers hereby grant and convey to Seller the irrevocable right, privilege, and option to purchase the Property (the "Repurchase Option"), subject to the following terms and conditions: 1. The Repurchase Option may only be exercised by Seller if Seller and Buyers have not entered into the Construction Agreement prior to December 1, 2004. 2. The Repurchase Option may only be exercised by Seller during the period between December 1, 2O04, and January 1, 2005 (the "Exercise Period"). Notice of exercise of the Repurchase Option (the "Notice of Exercise") must be given by Seller to Buyers in writing during the Exercise Period. The Notice of Exercise shall be personally delivered to Buyers or sent by registered or certified mail to Buyers, return receipt requested, at the following address (or at such other last known address): Richard L. and Cathy J. Cinkel 500 Spinnaker Lane Fort Collins, CO 60525 3. Upon the proper exercise of the Repurchase Option, a closing of the sale and purchase shall take place not earlier than ten days nor later than twenty days after the Notice of Exercise is received by Buyers (the "Option Closing"). The Option Closing shall be held at a time and place (within the City of Fort Collins, Colorado) designated by Seller. Seller shall also designate the exact date of the Option Closing, provided at least ten days' prior written notice of the date of the Option Closing is given to Buyers, which shall be on a business day. 4. The Property shall be conveyed by Buyers to Seller at the Option Closing by general Warranty Deed, free and clear of all liens and encumbrances and subject to no title exceptions other than those in effect when this Deed was executed and delivered to Buyers. 5. The purchase price of the Property, in the event of the exercise of the Repurchase Option (the "Option Price"), shall be $230,000.00, phis an amount equal to all real property taxes paid or incurred by Buyers between the date of this Deed and the closing date of the Repurchase Option. The Option Price shall be paid by Seller to Buyers in cash or certified funds at the Option G. in the event of the exercise of the Purchase Option, after the Option Closing, Buyers, at Buyers' sole cost and expense, shall deliver to Seller a Title Insurance Policy insuring Seller's title to the Property. Said Tide Insurance Policy shall be in the amount of the Option Price and shall be issued by a Title Insurance Company authorized to do business in the State of Colorado, Within ten (10) days following receipt of the Notice of Exercise, Buyers shall deliver to Seller a Commitment to issue the Owrier'S Ttue Insurance Policy. 7. I#' Seller exercises the Repurchase Option, Buyers _shall have the right to buy but the Repurchase Option or allow the Option Closing to proceed. At their sole option, Buyers may buy our all of Seller's right, privilege and option in the Repurchase Option by paying to Seller the sum of $50,000.00 at any time prior to the Option Closing whether or not Seller has exercised the Repurchase Option and, upon such payment, the Repurchase Option and this Deed Restriction shall terminate and he of no further force or effect. S. The termination of this Deed Restriction and the Repurchase Option may be evidenced by an affidavit placed of record signed by Seller and Buyers confirming that the Construction Agreement has been executed or that Seller has waived and releaser! the Repurchase Option or that Buyers have paid Seller the sum of $50.000.00 to terminate the Repurchase Option and this Deed Restriction. 9. This Deed Restriction and the Repurchase Option shall twin with title to the Property and shall be binding upon Buyers, !heir heirs, personal representatives and assigns. 10. All dates provided herein may be extended by mutual agreement of the parties in t�, (HP&M 07f30/04) C SIO D, Inc. LG SicL13209 WE 3238434-2004.005 411236$ 06/03/2015 09:40 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $44.00 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEED, is dated the 1st day of June, 2015, and is made between Richard L. Cinkel and Cathy J. Cinkel (whether one, or more than one), the "Grantor" of the County of Larimer, and State of Colorado and Jill Shanks and John Shonka the "Granites," whose legal address is: 216 10th Street, Windsor, CO 80550 of the County of Larimer and State of Colorado State Doc Fee: fl Recording Fee: I j WITNESS, that the Grantor, for and in consideration of the sum of Four Hundred Forty Thousand Dollars and No Cents (x3440,000.00), the receipt and sufficiency of which is }hereby acknowledged, hereby grants, bargains, sells, conveys and con firms unto the Grantees and the Grantees' heirs and assigns forever. not in tenancy in common but in joint t nanny, all the real Property, together with any improvements thereon, located in the County of Weld and State of Coloredo described as follows: Lot B of Recorded Exemption No. 0807.05 -1 -RE -3303 recorded June 7, 2002 at Reception No. 2659002, County of Weld. State of Colorado. also known by street address as: 7650 County Road 74, Windsor, CO 80550 TOGETHER with all and singular the hereditaments and appurtenances thereto belong€ng, or in anywise appertaining, the reversions, remainder's, rents, issues end profits thereof, and all the estate, right, title, interest, claim and demand whatsoever ofthe Grantor, either in law or equity, of, in end to the above bargained premises, with the heredltamonis and epeertensnees; TO HAVE AND TO HOLD the said prerniw above bargained said described, with the appurtenances. unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Granite- and the Grantor's heirs and assigns, dots cavemen, grant, bargain, and ogres to and with the Greetees, and the Grantees` heirs and assigns: that at the rime of the annealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, swt, perfect, absolute and indefeasible estate of inheritance. in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the sane are free acrid clear from all farmer and other grants, bargains, sales, liens, taxes, assessments, encumbrances end restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2015 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section $.1 (Title Review) of the Contract to Buy and Sell Reel Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties pot shown by the public records of which Grantees} has actual knowledge and which were accepted by Grantees) in accordance with Section 8.2 (Matters not shaven by the Public Records) and Section 8,3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to .the above described real property, inclusion of the property within any special tie district; the benefit and burdens of any declaration and party wall agreements, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, bur nor any adj'Alning viewed street or alley, if any, in the quiet and peateeb7e possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or arty part thereof, • IN WITNESS WHEREOF, the Grant as executed this deed on the date set forth above. State of Colorado County of Latimer The foregoing instrument was acknowledged before me this 1st day of Rune, 2015 by Richard L. Cinkel-and Cathy J, Cinkel, LAURA L. BOEHLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054046746 MY COMMISSION EXPIRES 12/08120t1 TggT Fite No.: 202288 No. 921A Rev. 10.05 Warranty Deed (To Joint Tenants) Witness myd official. seal. Notary Public My Commission Expires: SKLD, Inc. LG SKJ,13209 WE 4112368-2015.001 � CASE NUMBER: RECX18-0058 � APPLICANT: � PLANNER: I REQUEST: JOHN AND JILL SHONKA MICHAEL HALL TWO (2) LOT RECORDED EXEMPTION � LEGAL DESCRIPTION: LOT B OF RECORDED EXEMPTION RE -3303; BEING PART OF THE NE4 OF SECTION 5, T6N, R67W OF THE 6TH RM., WELD COUNTY, CO • LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 74; APPROXIMATELY 0.39 MILES WEST OF HIGHWAY 257 Vicinity, Hydrology & Roadways STEVEN STREET J! LFIMER ,�.�11 v • � Ct r CritiAkikaTlit C -MSC WCR 75.5 - — — — — — x NCR 76 a OF Im WitritaZiriit 1t f � � !� • ' ! ly P I4 M I 1 I 1 1 1 1 1 R 72 1 1 1 1 1 1 _ 1 1 1 I i 1 — \NCR --.r---—r--- 41/4 o .4,944e I 1r lei N — — — 1 - - ■ N Zoning Zone41, LA RIMER Zone: R -2i k Zone Zone_A sT EVENn Znne ms_ I REET Zone: A Zone :A Zone: Zone. '. PUD Zone: A WCR 76 Zone: A — a-- EVEPP,ANGE N Exemptions N USRs SUP -3n SHOOTING RAN N GE TRAP LA RIMER RODNEY rSTRE ET C -R ?4 LI R -a 3.5AM L 1500:c O.1v 4 S 1S0 HORSES. NOM SEI ORES 1R YAK' li/EN TA,NA. WAY .M U' R -943 RECREATION O h Z r_ WCR 17x.75 USR-649 THERAPIST STUDIO l� Thyt_ I US•R-1405 SINGLE FAMILY DWELLING I E'VE:RA►Iy -E I I LL 3 isiERR\ pusaAST N N i Imagery Imagery N A I- .�y It % _tr ! •r , r ,n { 9 - .- I 4 • a e c .}'.1:.;a �r . 777a�� •.l F i� � • JA►4 . ' is rt b ;:3;31*.'"-._ ' ti 7' L . �Ir ..i.il: 41, : ii, re::: ! _ :L. :7 di„..4:tro t:, , .rir. ii7. w- q- r,�•, k r, I _:F ot, 4 ` •4. 7 7 "r ' /.tA st n 'ru +r .a tlII!l• of if , r a9 11%.t 'i K I 7l i iC! +.tle r.+ • V ' �' +r u1 0416, .�i1 a t- r ,. r,i, i 1• , At F z. k7 ..!• 4 Imagery RE -1070 (Recorded in 1988) ARE132'iUS RECORDED EXEMPTION nro. 0807-- 5 - I - RE 1O7O F11214747 Env 2676 4,14 c0*. 1r SEC. 5- la is waif je t 1 SEC 5-4-t7 WEST LN E NE t/. , runs E s17 FEC 02]32905 03/04/88 12:17 $6.CG 1/CO2 F 1125 MARY ANN FEUERSTFTN CLERK & RECORDER WELD CO, CO LINE ME 1/4 ,Stt.3-$-sr 147.271 568.16 - — 619.11 MTh LINE a fti M } LOT x Q 29.47 AC. tier Intl. RjW CTR. "'a SEC. 5-4 '1r} '4 0 1.2 497O31 LOT NB 34:04 AC, Incl. R/W I, 81- 3 $N 111 1028.71 $0UYH 4;NE N :ri r lit, 3• e-47 b COUNTY ROAD. i! 'w,1 1 Moe 1104 COUNTY NE Cc*. WJP P,, NE , VJ, ROAD sec. 5 4 -17 fo- g so • ci l� 131. rd` OO°' 33'00"E Si Copt, w,/z, RE 1$. SEC. 3-i-#7 ti SEE SH ` ! f- OF 4 FOR LEGAL DESCRIPTIONS. MAP PREPARED BY: III. LAND SURVEYING, INC. HOE Pf. Cleveland Avg LOVELAND, COLORADO 805'7 Maas tali .Atcxdi.rge to Colorado tat you ant cow-wr.ca any legal action bated upon wor defect in tins Wiwi rLhin than yeas acar rao first discover such defect. In no event, may any action,app any detect is this *Ann to emamenead mom than ten years from the date of the cartificetiOe etwwn hereon. FES. kg, 118 SHEET I OF 2 P 87-• 1295 RE -3303 (Recorded in 2002) YOWL RECORDED EXEMPTION NO. 0807-05-- _I -RE 3303 AEI TUA 1 E JA' A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL i RIDLA, COUNTY OF WELD, STATE OF COLORADO 111111111/ III 111Ill iIflhllIlIHIllilII III t91a90d2 Oibfl t t8YJ*1A ewclacojbtr, as 1 rl 1 h 1i.ro •11-11.10 it 'l:uhi' Tautaaot. 20C 0 ace 400 Gun r scrLC - NO T E S: NORTH 1/4 CIPHER r^ SE:'TlJN 5. TIN, 317W rOJIAJ �r mime Rc"Jn_'f5 wi1H j6 osema e: is If:" MAIM- PP LE.:5819. 23C1 IN MONLMENT effe 1) Al, srenised or misting siwtkurea wll or de meet Ito nlrtimum ss'baeh owe- -otter reaLlru-rimts 'or the erne district In %hick the prapsrr h'oozes. Pursuant to the defeilian o! welbocF in IW d'eid L:0Y1!ty 1o1:r1h' Vrd6ncnca, Int rega'red setbacks a mreacre4 von nit. r4'a'f 02M —cc —wily Ina. Na Iwllldlna 4r .inlet Ira Cl. roftrinr nail ISn,l:r4 In Ihrc.. nrr..nnarlac 'Merl rat lcn..ia 6.R,F,H,r)A Ana R In leek 3—.% cf the 1997 enirsarn Puidinct Code. that' t;+ nefrd"led Withlh a 2(5'+-fe}i •ntlals of any ark bullet: C' l5C-FSO1 r4dl.t +f r.ry 10.4111090..Any !ardihue:loi %thin a 20C —Pool radius of dry rose pert;; Or 1fri -loot rscIus nT Oh?' welnace sear Hydrae t'a A.1Ct iron The ions el Re sealer; 2s C 'b of +he ;Sold novae?- Ccdo X; A• ny lnhe a•ru!hra! o• LOS! en Ste eilet 011.311 ;ha approp ee•a seeing urd bulldcng permits. aj r• ear re- lie •uleaau Or JUIPJLse pieruleen Lit B, fie L&4 WIMPS .Hall "mini 'Pike an ',ivied tewriCity er Sonl•a16n LVtkrkt to delernlre fie IceaFtr er the ngsrert tribe.", ere, or 11a In woardaroe vial the Weld Comb Code. II a sewer Um exists witdr dour honored (40Q', 'ad of he impute hies and 'her emir proelder s v'Hnr h serve lie penned elrachtre, a aepti; fer'nil tvfral b4 routed cf tie Wild Vcurty 9reparnwnl 01 Y•1bi19 144lth .n4 are r I t44ir, a;lea 4r suet snail be saL,n,iHrti in .,111'y -4 the Weld Cycirty +haaprfrnen- oI Aarnheg Sovlc oo. 43 P:ior le. the -elven of auidreg prrnl8 !or o1y *ironies exesaelno 3tMtd eaters feet the cuprcbrt r.%iel Corm;)' with Me re44rrgM4n1$ a! i ptnatx 11:—/S. at ms unrar- ire code, 53 5toeld na+.icur Was. aS ri <n he prnporrr ev teenr•.n nhbichrrl roc n mint- n! the pretrtnil paiyppmsr.t, the opplko1/ioredwne• sial be tessansf-ie fat cenrolinl he'.iecie %'tech.'ursuanl to Chapter :5, articles aid II of :he Weld Cis liv Cede C Mar !d the •alga:o of 9VICR,p pPin it, the .rflitanl vim; tatom'l ?Adam*, J. the eeaadmen- a1 otinnlno 3.t•:Ir_in khe-1 Int R lens an nriaaunt" wehw )I:A111r n1 m•H'tleni amity. tuantiy. and depend2biry. 7; Pier -o the unease 01 bvhdln5 pro-rn-n, hew apsdly.n will J. Ivyurpa I; auk -1r dl u .eau. dal J,od daea.11.n9 II'. Lai grow .i,t.,. he building pwrnH c 'equeded rill ilea .uldi.o *roan! opylieOanne. It. octal desorption or such deec shel itclude hte Lot deehrfdhiOt end R.t'Cfd :•:!Smprlen nutmeg. a; P'}taili4' plit.n79irs Ibis teroby rerhlad rratC tantined obiral roofing aparerrarr u bseatea acpruwlitti tt — I,Iae rival .l Ile brlo..wl ill WoIJ C,u„I} Su4ah1Y 74 411J P 1 :.S. Off aae in•.ea.Ea Ihol may b4 ea, b,.ndSrad inL-lldi rails 'raM truck., tin na. inn .iluprwulk:'lu•t erne nnhtnl rent 044 caw; rrpw bilnlei eenfL,enevt, shag° cn4reinlre. CieJYhe 6-etenuer 'r 9ter Selldkry taiu tla.hhwtJ Jul Ilea Fivr.n L IL'S will 4e I tale W w vdhte to ins in ci-aefure of .he 44:ndear Srri:o kte Road :nneel Proaren,. {hsnrar .gr„ !rfi a 1 of ll.. Ws!fl CaurkyCole' I&J Ned :oink is one or =he nett producthe apace:WCI ccUlgier in rbe knit. Sans; raileng tin II, 1.1, 1 iu.0 Sl awe vI P(r1cv lyrul prcd••=ia acid_ the -uv1 anon of Weld Gaure?- ,nay. o0 opan and opnrinda, err May nra Mandalay Newt -nr atrind+ir. Psi-cora Minima ink- h pair;;aMA hh,el recrnie and accept hers Cre dr'-bOcke, Mtlgai'tg tentilgte wltn r$ig—snnSln3 naroShu•al praalsas 014 l4i.sr 16val or sdrv!sa, than to town &rang wth the eravbeeki come the Ineerdivee, wlith gHraer saber awallers ib breccia rb rum; ores Ibsen vein, sjnci;uenees. with re ILVk sir ell 'tam ul•a conga°•ionl enc Fl,o veal al:+eephorc sin wcy of nta. wiin ar nalphse,1ne !arms, than !°atura • anroel otter, %wavers to rum: ;Wed Caunv'would quietly he, cone iere•e.r. Agricultural Pere of Ilia land sho.ld nor he expectedto chargetheir lost'-erabhenef ognoutherot p1ue11Caa le W.W.II InNIJdla I1W I IIIJlIJIf a !Jinn ueala mite •uluf c""u,'!iirl ran %AlivAt.4cl ccli"-Nro rill gorero:4 cif—erte insects. he veins page !•„i Iraelert *Ai enuk• 'ant: <!rn--nrwh.o Inr+n vlhicleE at revel roads: cost from enlrrol pans, ;aald work haresi, one wane; rocds: tdor horn animal oenfhenell. sibyl, anc manure; srno-ke flan elks :v.7irci Pin 404 ru6#lut4kt; cmi !ha yet al psetcl4nn and ferlllrsers h he tlKch. luclavb9 IPIr coax lie u.dul }p; toy'. aaV,pp uI l: oae..Jim Q enrel 'envoy Fe mcuod oat of eh• 'way of rcolcenlial davdoprn.nl wi:hcal ihreovring I!. rfFciir! d.Un.rt o; lirg;elan Iv f!dds, which is taernicl ha bah nrviidi?h. $iCIiDr1 34-3.5-I )2, c..R.S., provisos lhdt Rn agrieuiLrsi epedher seal AM be ;tuna H be a pWW M m t,I..It •i Ia.:.act if lac. .,e, i.--ail au avoltellm. iib'daa IC La 0.461. 04.4. dlnpldra enoter praa+eaa Abel arc abrtrrlofll fr r*MMdb'. 444"r +Intl +•flu nrinr,ft. I•n' twin limn Weld Court. Booms a lane re -o a! ree 4,Daa equine riles is des (Mee 'he Hiatt el athwart) wth mart !4(9. J.161.1 Teens ill niers ord south roes suiske 41 'runic pontos. The sneer mayni;ude a the are¢ to b. aline drank'' cycled -le rneunea. Lew en^ereene t it Laced 4r r.0rer'Qe 14 4aw,)IOIAFs erre they en pnh•n'e rS hen rnunly red the dis'nrrse which hoot he trended may addle al erretrcerdy ✓ esps:nee, Inductile low enforcement, trnhulanes. and fin. Firs p'e.teeten <s usua'y provided br 'rclunleoru win mu:0 i00v5 shale Ion and landllts to rope.= to erirgeec'si, Csanly grove roars, no rater how Olen they ore bladed. wil not prover the Tama stro et nertgs, rrlr4c.ii rr,rr read Enax r.nutai °rjerI1i4. "roan Ka r•a;e 'rpm alcbdblabna h crtarlde may not be cleared ter severe: deye after a male- nlowlfrrn. Jnaw reran el fcr roe,* ..tiller intediletglc'& are -01 tla Wadi. pliccirr fct F'Jdie .<rkt Cr nth 41 nit vine •a4Fbnslih'y of he homeowners. Servees in rural areas, in meny eesa;, will not so equlvalefl :a nitres:pH rerrlale. Muni Sa1IIes 71Ler. ey matter?', bo more pall ,ufllennr Avon ulodh cwwlari, 1 r a" ralJdrei ere a>�osee k dt.frea! hmurds in the amity th)r innn urban or :vturwr salting. Earn cttu:smer. end oil Mid eculetneel ponds and lerlgotan ddrtas, electrical pour ice pumps and Center l;Nyl apalullae'. 14911 epwd l.4(s, iui t1 Jule, pY14:u14 •Iu4or 141'IIcITtl 'a' n iYfr•, and i a1oila present nal khreek le rhldnn, Cori•411ing •:+Ill"ant n'!Ir••lte. le kip. +cni, m1 "eh' few thdr cn4,h, but alto ear Ph. praetor a' the ;armor's lhollhooc. Farm's ere respwwlblt for -heir chldrsn. TITLE COMMITMENT SCHEDULE B_2 NOTES: Lill d Tile. Order Ho. 102115:4; with o i effective dole Of 02 21 'l. Cl z WELD CO UN ? R.GAD /74 30.17 39°59!1.4"C ;Ra'J+fF]--+ ▪ S 3.C°.`!f:'12" a '3J 9.i 1':1t1 3.,04. 53h3 RICIfT—CF-War 'Proposed A�.iide+it Li i Airwne rJyMa IJ 'ar int ae'n•1' U ct Lan "n' I-' LL' ICY I ca 0 X LU lotodien 'SWM1 i,;Y7 rue.Ki$ $ lenity EaserRTi _— N ,7'5.5'.13"Tic rt 7130' IP) iCJHC �4 REEAR• R t.At !S I4'31i 1r.11N- gs"aa'.51"; tQ7 fit' CR- 4ERTLR I fl CORER isettJN b, 16f1.. Iiblty rosHC d" u4H. Cl,r 3' PPP I 'r 17174 11) There Is no physical evdenee the Right —of --era: recorded in Hou& 15 ill have 2 )fr.cts the subect oreper3', 12) here is no physiogl evdenca Ihe Rr FF—of-era+ recorded in Boaic ITh at Page 396 affects he alb ech aro(vr•y, 13) Tie RiRht-a`-rrcy reca'ded Ir Eoek 1054 It Page 69 dace eliocl •he tuhjeeI property cr1gnt-rf-way for Ccunty Road #74i 20) Tie easement recorded rn Book 1191 at Recla'ian go- 2l36828 does cffeet the autjeci properly (dhoti °long North sido) 21) in oaSrmonl recorded Zn Book 1262 at Recep-ion '[o. 2173159 doe, tiled the Statje:t popery (Alton along Lash side) 22J Tie e]s3ment reclYdad in Book 1202 al Recta -Ion 'lc.:41", 1bbya does Meet VIE SJC1eat papery (Pang exi5l.n) sower lire._ NC'T!CE; Aeoordnc tc Colorado low you mts1 connenctany egdl asdle-i trier upon cry dadeol Jr ihfssu•ve• within three goers ore you lit* 1!$6.5Vir 1a1an 1a18C'_ In no event, no; erryaction bcsad dp.e any Oiled n -his Fare;' Ire ccrn:lerctd 'r ere thee or ?4J•c rood• Ilea 46'6 df the e•nirlred°n ar:wr horsier '• a rm ee interim Wei , LOT -A" 17.2Ed J!4 ES 5 l E•'C4' I C"E - - 112_741 s :Matta . iL cn tired q tear• CAIN I5$'15rE 502.16' 7r —Y — 1,. e"ea';6`r 0 'ct fil t h Co nSJca' RCAF RRIfT•.7F.W4Y.2E9E 7WTIe4d 44';9'11' 46t'7_ct4' ;CO S a4'::'v:")M1 P `rhUrr6 des R1W L & CAP LS12374 N Peer PYS ire itt CS ot •Y Cs O EntiNb a1: KELfAh f & C&p LS 123:4 COJhs) /1 Kea & -AP LS 12374 scL ° '35"A: 5?1 '. 4'00 .,, S RRa2n'5 f "qtr 531.86, Fr P 28r3$'51''W 2139,41' :OJ t £S'3€ i1'•W -6AeA1' CMI ' tar E N D FW P.AN''.HI P. U. f]. F:iiNO 5Fi.TCJN• LlCNIJM►FhT a5 0£5C'2'6r0 FOUND PRi'Ft T 1 IiOJUbtENT AS DESCRIE=D S:T :15 REBAR AND PLAS11C CAP L.S, 2setil RECORD PLAT reF09E.t4110.4 FEW MEASUREttIEM NFO lyA1ICkM CALCULATED INFORMATION Lit 0 r• NBRTI£+LiT "ORhER SECTICti 5, TON. tatty rOdoiC 5 1/4" AWN. Cat Le :1446, f€Og If YONLJN£eT BO( EAST VIE Cc'R rl: 4ECIIOi' s, '-e71, 48iVt' ',AMU 21/4" AWN, CA.'' c1.4e' WRHCCi'r =Rite I': di. Ieel PROPERTY DESr'.d T!OiV 4:y r.•I Cam,. _ 1\r / r-� t. •{ICJ'L)'ITrY MAP SC'ytLC in -• 2009' I fill 91 L41 9 of •sea cued Esailempr;c . No. 6Q87•-3•-1 ..RE -1879, recorded 'sn Book 1187 at Pogo 112S, 2,eits'nr ho (22132g05 al the WeN te!Irly Rsr..rd9, titeate In rr gusHen of the East half of the 'dertheas• Quarter of Section 5. lowed+ p. S Werth, Pinta R7 Woe! of Mir Fit PrinoInnl Llarleinn, Wald ernin-y. entered/I. 4r r.rihad as fc lk.wa! ;:onslder'n,, the Westary'Inn of a-ilrl lin:tharat [linear af aiid Snatinn 5. as hRnrinQ N 11C.°t2'14'w and will all becrlege contained herein feloi ee thereto: Freirn the Nerlh gllnrfwr rnmcr ni rcnid 5enlion i THFN1:E S ft4°3 fl2"= nit -no the h:ortherhe line of sd;e Northeast Quarter. 53113 'eet '.o the POINT JF BEC!NNIMG:. •H:NGE rnrtinu n0 pier an!d Noll -arty tine S fig°591' 1 2"E. 619.11 flee&: THENCC S 06°24'54"W. 1310AS 'eat: THEICE S 0£'92'14"E, 1272.65 fest to a parnf an tho Sou•herl•f Eno cf said Northeast 1Dt rfei; 1"reNO S 86'36'51 "W along said SOLiher1Y lire. 531.65 feet: T-IDICE N O0' -32'11"W. 1304.63 feat T9ENtt N 87°5'13'W. 79,39 feet; FHEhcf N 06°1C';6"E. 1207,57 he' to Ili PON- OF BEGINNIOIG Sall =rcpt of lard cenioiling 34.00 Acres, more or teas. OWNER'S CERTIFICATE: I Niue C. Hylulld urd Hurley D. NyI.n.'J1 mfrs the sole Vwi19r° in les of Ilse akrive described ?report/ do hereby sued --ride the score as aho•rr on the atia; td rnQF. We' Lrruulaluud Ilrb prupurly is 16ucaeJ ill !he "A" Asirieutura! 2cene Disney and Is also intended to prcv'ide a-eae for the conduct of oiler data bT rigitr accessory uays, 'end :sea by 1.1/01CAUI I' rro ICiL6,r5 fl refer C..Iylanct - State 4' Oalprada) )SS Caun•y af The foregnln e'arlifirn-inn was ankr.r..4rin and huefnra ilia -hiss clay of _ __ — - _, A.D.. 1(102. by C14F+r C. Hand did leanly H'JlanC My Cerrrrinsien e'ilpiras: JOlea% - -- --- Nniery Media a)9rwq.rgaiefiIJt: tit • i r4.till f Miff or CPr Wlfiess my ,and and seal r D,rJPARTME1VT OF PLANNING SERVICE'S` ADMINISTRATIVE REVIEW- CERTIFICATE: This slot is accepted cons approved tar ffling. '.--111\ Plat& WiIlifiJt._ Deporfnent o1 Flawing Se virgs ?irocior State a' toloraca) cg Coun-y of Vivid) The foregoing ceriifkolion *Ms acknowledged aefo'e me this Hy o4mmissian exstres: g4i 4a,ae'" r'T1, o TA �.i;" err•• 4C;er .*r 7 z ' a L{ 4 d. rk 2"o-tiR ^'Mldlieldnen• NOlarll I'uo' ivies, my hand and Tea: ,'A SP:VENT CERTTFTCA TE: 7 May at _ 8o heresy dace cte, for trienn it of trio prep rrn/es spawn or',e,:xl -ea l>ter•eon, easomerms for Ilea eurlx$.e$ section o' Ueseribsd hereoh_ Peter C. Hyhrd , 144nce Yeti SURVEYOR'S' STATEMENT. L Mark F. Corbrfdae, a Peals -ere: Frafess anal Lard Survev:r in the. Sidle of Colorado. do hereby stolo that This RocardeC Exemption olnt was pe-e,ared _order Toy pergeno} supervielcn, art': that fhle plat is ar accurate 'earesentotior t.grcof, I furthar slot: 'hat !ha survey cord this plat cbrrplles wtti all c5plioab!e rules, regLlatlens, end lows oP the State at r2olorada. Stol6 Boo -d of kaaitlratiori for Pratassianel F.ngkleers and !.Inc S,Jneyors, aid Weld 2ourty. -f ±t2 0-4.,(2.6,_:1 .'LrtrJ�ie+. Mark F. Carl;rld9e: ;w50-rad'aI P_S 25619 BASIS OF BEARINGS: bearin28 ate tined oT 're wertry Inc of Pic NOrtheest est :lotion 5. Imo -isms a vcrta, fecnge fit Wort ale tee frh PJt. es bearing N t)r<rLasTs"W oe2ord'ng to RE- 071 Sold line being nonurneated ok shown here0r_ ABSOLUTE SURVEYING, INCORPORATED profess one! Lent St;r, 'crs PF'orle (971) 203-1.52 7RRI North ilionrre AJRnIJe ! nvelr,nrl C:nlnrrdd<s Rre.313 °rsfpr:is ,RECORDED EXEMPTION NO. 0807— 05-.1 'r -3303 Caer}fr 79.W INVESTMZNTS Crown By: J'2Y. JApproved D r! IeFC Proj3c- No, 01-1677 b Date; )5.20••02 Per!tiarta: 95-C3-02 Sccie! 1'-700' (Sheet No. ' or 1 3O.X' ROAD RIOHa -or-WAY Proposed RECX18-0058 rQ ESAR vet JAL 2 c5 0 g1/41 Y era erL) eta S 88"38'51 "'t CENTER 1/4 CORNER SECTION 5 T6N" R67Vt' FOUND 4" AMA. CAP ON 3" PIPE L"E. 12374 WELD COUNTY ROAD #74 30.1 r S R9i59'1t"E 566a1S"(F) S 89'°59''I2'E O8O7-5-1-RE Exit sting' a Proposed Resident tali fidechtil Crests W,f1�Qs". 5 U' 4I+:e 3O.OO' 'kcal'', 8 IJId.nf E'O.t"rrsnt let Ini Dar eal or Lore `Z` S '9' cza N 876545113' 79.39 (g) Proposed Lot .8 Acres se rim .to 251 n e Q z a..� a. tati a 5 C3 MOND Irak RECIAR OLP IS 12.314 17.11' 497,03° (R) B X A LOT t e 15.98 Acres QM er o LAIWell t1ee wive. H Qfi4i"B!F?A 61911'00) S 66436r51'"W 521.68'(.0 S co kra . imm tam 1SL ROAD RPG14'f—Q -WkY RE$EAVATIO4l S 9'59'1 2''t 2637.944 (m) UM Ile S O*1312"M 49.47' (E') FOUND t RERAN 1k CAP 12)74 Pier r* cee • tr; FOUND 04 R'E lAR & CAP L'S "2374 POUND fi4 REBAR CAP Ls 1f$74 13.91' MEM S 13,8°30'51 "w 2639,41" {c) S 53036I5Vnie 2G80Fd1' (J) a C I. 0 w E a oc L W J CC 0 II -- 0 I- 0 Sin I- C P QRTHtAST 'CORNEA' SECTION 3, T6Mt. RIMY FOUND 3 I/44'" AWL. CAP LS. ,nnote, 1493 IN uo:Nu SEPCT ieo,x N EAST 1/4 CORNER SECTION 5, T4N4 MTh? rOO 3 lie AL411A. CAP 41,.x' WITNESS CORNER L.S. 7242, 19207 s The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1 i is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.L of the Weld County Code: "The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half (2'/2) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities or telecommunication antenna tower facilities." Proposed Lot A will be 0.8 acres which does not meet the minimum lot size requirement of one (1) acre net per Section 24-8-40.L of the Weld County Code. Section 24-8-40.P of the Weld County Code: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." Proposed Lot B is 15.981 acres and does not meet the minimum acreage requirement of 35 acres per Section 24-8- 40.P. of the Weld County Code. The owners claim an extenuating circumstance: The letter states that their initial goal was to split the property and gift one of the lots to a family member. However, the property owners were not aware of the lot size requirements of the recorded exemption prior to purchasing the property. Additionally, they intend to farm the larger 15 acre lot and believe the split is in -line with the Right to Farm Statement and will have minimal impact to the area. Other options exist in the Weld County Code that do not require a waiver from requirements listed the Weld County Code in order to permit one additional dwelling unit or to create new lots including: Zoning Permit for a Secondary Home Use by Special Review - Planned Unit Development Minor Subdivision a> �� -, .. v i - - }� rw • k.. Sl • . __ i ... .^ ..t yt; •-1...4 -"tarr. ;. r. . is k• ait rryyr. .. - sirs A,1rd6 :0.'46791 - i �._-; ,•a„, is-.� • r • • • ,• t !Ott Olt t.‘, • • ' • • r • C 3 "IF I 1 1' 4- L 1 - • •,, 4 cr — ow P. • a J r T T P C- a • 4 F } % • o I. .. w 1 t - F i I see der C• 1• • x r • • II • ,« y t4 oltest- • •--_ • a Or • -t ass itt ISMS S -a y • • t _ } . S' ea S. tee PUPAS I fir L 1 - ,1.'_ r. yy ra �r'rY rdlir ' t - •!L 'r,• � ,�,- J_+sy*-t ti• • - "• _• • 4• '.7 4..do c, • }ld±v-- ,.r41 _ v� � t=• V. Pine .1° s 74 II �. min �.♦ Y,. - 44 -w:•„te."s i. del re?• 3 ..t. arm: its_ w - - .r • * r.. . ,.•s..W ...ac� _ /4-F4;•-e- -de':t Vier.s- ,i4 I I f• A distinctive masterpiece ©`elegance,. skit wd crattmanship, t. iRt 1rir, fit ,• • ir: • A-- I`. i ;' • • • �. •'t' • • • imr (• • • L _ r • I I) . I...! -. -' 1 a a I • '' .01•• i • • ,t i — •• .- a _ Tit• r a. III -ice jr..... - - _ r •. - Q • - -..+O•.. ...' ; Ire ' all • a -I T.i 1• TI 4 • • • 9 .•y h,, 4. y • lb•Tpit• ' ".- Ill _ - ▪ • c witF App Q• T. • •••,- 5.5 • - • . •1. - - - • y.��J�'• a'.e . . 4.e.• 't 1 -r# .17,01114•. • A. .tr•.. .r- ,,e +�:�� r •�� 1},.1.. sh"a. 4 • •t It •1 ; • ,. A r.. 2 ", `li3Oka •••q*;�• 740, T 'I • 4, /L• - -;'; : --5:-..4 _,,,Y .1P., ♦ r Y•r'�- .. } -;.. `+ }' .+' /. w r r ' R' kii a. 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