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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20174314.tiff
ENTIRE FILE FOR EXHIBIT CP EXISTS ONLY IN TYLER FILE RECEIVED THRU VARIOUS EMAILS SENT TO CTB ON JANUARY 5, 2018 EXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description (Cont'd from 2017-4313) Supplements to the Big Binder of Response Info, CP. 1 Applicant received 1/5/2018 2-7 8-14 15-16 17-18 19-28 29-30 31-33 34 35-36 37-40 41-42 43-45 46 47-78 79-94 95 96-252 Response Overview Maps Site Plan Ken Lind Email re WSSC 122917 Order denying Preliminary Injunction 033093 Verified Motion of Defendants Opposing Preliminary In unction Lind Email re Deed 010318 Memo re Ditch ROW 010418 Email to WSSC with Crossing Plans Paragon Consulting Group WSSC Crossing Plan Opinion 010418 Crossing Plans Map Profile Set 010418 Schematic Road Improvements Stormwater and Drainage License Agreement CDOT Email 122917 Access Permit Resolution with redlines COA Request for #7D Diminution Study 010518 (Cont'd to 2017-4315) 2017-4314 January 5, 2018 Simon Contractors Weld County Use by Special Review, USR17-0043 The information contained within and attached to this document supplements the notebook delivered on December 27, 2017 and answers questions posed by staff on December 28, 2017 via email, questions posed in a meeting held with staff on January 2, 2018, and questions posed by staff in subsequent emai Is. Simon Contractors is appreciative of the i mmedi ate review and questions raised by staff in advance of the hearing. This document wi II fol low the order of questions from the December 28, 2017 email and wrap up followed by subsequent questions posed in the January 2, 2018 staff meeting and emai Is. Response to December 28, 2017 Email USR Mapping • Redl i nes to the Revised Plat o Tetra Tech Response: Modifications to the Plat are found as Attachment A. Pg. 2 - Questions regarding water consumption on site • How much water is used to wash aggregates? o Tetra Tech Response: No water is used to wash aggregates. • Are aggregates washed, if so when and where? o Tetra Tech Response: Aggregates are washed off -site. • Is water uti I i zed for the misters I ocated near operations that create dust? o Tetra Tech Response: Yes. Water is utilized for the misters that are used in the recycling operation to reduce dust. • What about other dust suppression efforts? o Tetra Tech Response: Water is currently used and is projected to be used for dust mitigation. However, it is important to note that the internal circulation route and the traveled route of WCR 80.5 will now be paved reducing dusty conditions. This decision was made to reduce concerns expressed by surrounding property owners. Pg 3 - Item 1 B Lighting Plan • Will a dark sky component be implemented? o Tetra Tech Response: Lighting on site is for safety. Certain areas of the site will be I ighted to ill umi nate the working areas during night operations. Suggestions from the International Dark -Sky Association will be utilized including the fol I owi ng: ■ Lighting will only be turned on when needed ■ Lighting wi II only i II umi nate the area requi red ■ Lighting will only be as bright as safety measures require ■ Lighting will be shielded ■ All lighting, with the exception of the sign entrance lights are downcast and will be shielded. The entrance sign lighting will be shielded and directed toward the sign. The sign will be minimally lit to illuminate the features as needed from a safety perspective. • From the description, there is one pole mounted light near the offices that appears to illuminate the entire faci I ity yard. You indicate that the I ight will be uti I ized sporadical I y. How often and under what circumstances will this light be used. Also what is the overall height of this pole? o Tetra Tech Response: The one pole has been replaced with two on -building lights. On - building lights are used for security and safety for night operations. See Attachment A. liPagc Pg. 4 Item 1 E Larimer County Canal Company • Will Simon obtain a crossing agreement for the stormwater to be piped under the Canal? • Will the applicant have this document in hand for the hearing, or at a mini mum a MOU? o Tetra Tech Response: Find Attachment B to this document for an email from Ken Lind dated December 29, 2017 with supporting information. Additional supporting documentation is provided in Attachment B to address subsequent questions raised by staff. This additional information includes: • January 3, 2018 Email regardi ng the "Deed for Right of Way" or grant of easement for the ditch across the property owner's land. • Memorandum of Case Law dated January 4, 2018 regarding Simon Contractors (Cactus Hill Ranch) USR - Nature of Interest of Water Supply and Storage (Larimer County Canal) ■ January 4, 2018 Email to WCSS, Crossing Plan Opinion Letter from Paragon Consulting Group dated January 4, 2018, Crossing Plans dated January 4, 2018 prepared by Tetra Tech. • See additional documentation in response to "Pg. 7 - Item 1G" below. Pg. 4 - Item 1.F Improvements and Road Maintenance Agreement timing for construction • Si mon requests improvements to the vehicular infrastructure to be during the 2018 construction season and may take 4-6 months to complete. Has this request been vetted through PW and CDOT? o Tetra Tech's Responses are below: o The timing referenced in the December 27, 2017 notebook is the anticipated time it will take to initiate design, complete the geotechni cal investigation, finalize design and receive approvals through CDOT and Weld County. Construction can only commence after these steps have been completed and all parties, including CDOT and Weld County have been engaged. The design and engineering of road improvements is a costly process which Si mon will initiate after the USR hearing process has concluded. Construction could take 3-4 months to complete in addition to the design phase. o A concept design has been provided to Weld County Public Works in the December 27 notebook under Tab F. A meeting with Staff was held on January 2 and subsequent fol I ow - up was held to discuss the proposed improvements of WCR 80.5. The concept design previously provided under Tab F of the December 27 notebook and has been revised after hearing from Public Works. The proposed configuration illustrates warranted improvements and is subject to final design and approval by CDOT and Weld County. This design is attached as Attachment C. o Warranted Improvements to State Highway 257 include the following: • Left turn lane from SH 257 to WCR 80.5 • Right turn lane from SH 257 to WCR 80.5 ■ Acceleration lane for right turns from WCR 80.5 to SH 257. o Warranted improvements to Weld County Road 80.5 include the following: • Right turn lane onto SH 257 to allow right turns to occur when a truck is waiting to make a left turn onto SH 257. • A storage lane was proposed, but removed to comply with County Code requirements that vehicles may not be stored in County ROW. o A Deed of Dedication will be provided for the additional right-of-way, if needed. o Construction drawing acceptance is an anticipated Condition of Approval. Simon Contractors respectfully asks that this be a Condition of Approval prior to operating the site. Mage Pg. 4 - Item 1.F narrative statement, " ... During the November 8, 2017 hearing, bullet section 1, subitem bullet 3 • "Normal plant operations will not require trucks to be stored on the County Road." I will leave this one to PW and Evan, but should the statement state that all operations, without exception, will not require trucks to be stored on the County Road? o Tetra Tech Response: This statement is acknowledged. Pg. 5 - Bullet 2 The existing width of WCR 80.5 is a concern • "It is proposed that the width of the road wi I I be increased to accommodate the typical Weld County Road Local Paved Road Section. Additional right-of-way is needed to expand the road with the additional lanes as proposed. How will this request be addressed? I will leave this one to PW and Evan, but has this request been vetted through PW and CDOT? o Tetra Tech Response: Cactus Hill is the property owner of the land to the north as well as the land being leased for the Simon project. Cactus Hill has agreed to cooperate in providing the adequate right-of-way for road improvements to accommodate the project. A Deed of Dedication will be provided for the additional right-of-way, if needed. Pg. 6 - Bullet 3 The Traffic study submitted ... sub item open bullet 2 • Simon Contractors will be providing additional deceleration and acceleration lanes above and beyond warrants. I will leave this one to PW and Evan, but has this request been vetted through PW and CDOT? o Tetra Tech Response: Tetra Tech has submitted a schematic design to both CDOT and Weld County for their consideration. CDOT has reserved comment on the design until final approval. Weld County provided comment on our proposed schematic and we have adjusted the schematic design accordingly. Weld County commented that the proposed truck storage lane is not desi red because County Code does not al I ow for storage of vehicles in the right of way. A revised layout is presented in Attachment C. Pg. 6 - Item 1G - Final Drainage Report and Certification, top of Pg. 7 • "The run-off is not expected to have contact with any perceived toxic contaminants." Can this statement be modified to state ... The run-off will not have contact with any perceived toxic contaminants generated by this facility? I will have Hayley weigh in on all drainage related items. o Tetra Tech Response: During the January 2, 2018 meeting, it was determined that the statement will be left as is. Simon Contractors does not have "toxic contaminants" on site. All regulated substances will be handled in accordance with all federal, state and local regulations. These regulations prevent stromwater from contacting them. Pg. 7 - Item 1G water quality features • Wi I I there be a recorded drai nage easement for facility, as Simon is proposing to convey stormwater onto the property to the south of the canal. Has this document been drafted? o Tetra Tech Response: A letter from Cactus Hill Ranch Company accepting the flow was included in the December 27, 2017 Notebook under Tab D. A license agreement will be finalized after the hearing. This agreement will address conditions of decommissioning, an easement for conveyance and maintenance. Stormwater conveyance will be consistent with the State of Colorado, Division of Water Resources. A draft license agreement is included in Attachment D to this document. 3IPa c Pg. 7 Item 1H Poudre Val ley REA • If CR 80.5 is to expand to all ow for additional and wider travel lanes and therefore additional rights - of -way, will the easement for Poudre Valley REA need to also be modified? Has there been discussion and or coordinated with the REA and PW? When will the easement be created and will the easement be a recorded document? o Tetra Tech Response: Conversations are underway with Poudre Valley REA. An easement is needed from Cactus Hill Ranch Company, as stated in response to Page 5, Bullet 2 above. Conversations have been held with Weld County Public Works. Pg. 7 Item 11 COOT • Will Simon have a Letter of support, a Letter or MCDU stating the preliminary schematic design is adequate pending approved CD's for the improvements to the State system? Will there be any comment from CDOT prior to the January 10 hearing? o Tetra Tech Response: See Attachment E to this document. Pg. 9- Item 7C • No comment? o Tetra Tech Response: The Draft Resolution we have been provided does not contain a 7C. An email dated November 8, 2017 is attached referencing a proposed Condition of Approval 7D. See Attachment F. If there is a Resolution containing a Condition of Approval 7C, please forward so that we can address. Pg. 9 Item 7D Decommissioning Plan • Will there be a threshold for determining if the reseeding/ revegetati on efforts on the reclaimed site meets a mini mum standard? What will be the standard? Wi II the standard match that of any agency that requires reseeding/ revegetati on efforts prior to release from the site? o Tetra Tech Response: The revegetati on of the site is established in the lease between the property owner and the operator. This site will not be mined and does not fall under the purview of the State Division of Reclamation, Mining and Safety. ■ The following bullet can be added to the proposed Decommissioning Plan provided in the December 27 notebook: • Drainage Easement: Abandon or address the easement depending on the future use of the property at the property owner's request. Pg. 10 Development Standards • The proposed modifications to the language will be discussed by the Board of County Commissioners o Tetra Tech Response: Simon Contractors agree this should be discussed at the hearing. The proposed changes are Attachment F to this document in redline format. 4IPagc Pg. 15 Bullet 1 • Open bullet 9. "Permission from Platte River Power Authority." What permission? Should this be a written agreement that is of record? o Tetra Tech Response: There is a recorded easement between Platte River Power Authority which Simon Contractors and the Authority have been working under. Correspondence has been provided with the original application as well as more recently under Tab C indicating the Authority has no conflict with the proposed land use. This correspondence has been made in the spirit of the recorded easement. • Would this list also include: 1. Drainage Easement for conveyance of overland flows onto the adjacent property to the south 2. Larimer County Canal Company crossing agreement 3. Weld County right-of-way agreements for expansion of CR 80.5 right-of-way 4. Construction drawings for review and approval for expansion of CR 80.5 right-of-way 5. Dedication and acceptance of future right-of-way for expansion of CR 80.5 right-of-way • Tetra Tech Response: Applicable items noted will be added as warranted. Pg. 16 - No. 30 100 -year developed storm event. • I recall a statement of designing for the 300 year storm? o Tetra Tech Response: The system capacity will detain up to the 300 -year event which is above and beyond the 100 -year storm event. Tab L • There is reference to Exhi bit J, K and M. but no "L". Was this an oversight, as there is no document behind this Tab? o Tetra Tech Response: There is no documentation behind this tab, it is intentional l y left blank. Response to January 2, 2018 Meeting with Staff Dust Mitigation • Tetra Tech Response: A Dust Mitigation Plan was submitted with the original application. The future internal drive lanes wi II be paved greatly reducing dust generation. The drive path on County Road 80.5 will be paved greatly reducing dust generation as well. Water will be used for dust suppression at the recycling site and on site as needed. Drainage Plan Notes from Meeti ng: • The County wi I I requi re a recorded drainage easement that provides for acceptance of the drai nage, mai ntenance access, and DWR requirements. o Tetra Tech Response: See Attachment D for the draft document. An executed copy will be recorded at the time of plat recording. • The County asked questions regarding the operations of the detention pond system: o Will the siphon operate for smaller storms? Are the ponds designed to drain within 120 hours? 5IPagc ■ Tetra Tech Response: Each siphon is designed to drain its respective pond completely without pumping assistance within 81 hours. The outlet end of the siphon is lower than the inlet end, which is set at the pond bottom elevation. This configuration allows the pond to completely discharge by gravity and will not require pumping. o Explain why water quality treatment plates were not included in the design. ■ Tetra Tech Response: The design has been revised to include water quality treatment plates. Our original configuration was based upon the assumption that all water would be trapped and tested prior to release. As allowed in the water quality permit criteria, testing may be performed on the water being released from the pond. We are electing to modify the designs to use a standard detention pond outlet structure, including water quality treatment plates and a restrictor plate to limit the outflow rate. Revised drawings are included as Attachment J. o Describe the operation of the slide gates to be used for flow control ■ Tetra Tech Response: As a part of the redesigned pond configuration, slide gates have been replaced by restrictor plates for flow control. o A variance may be need to be requested for the certificate of compliance due to the unusual operating conditions of the ponds. ■ Tetra Tech Response: With the revised design of the drainage system to a standard system, the variance request may no longer be needed. USR Map/Site Operation Notes • Tetra Tech Response: The following modifications have been made: o Redlines have been addressed o The fence is a 6' fence without the concertina wire December 27, 2017 Notebook • Tetra Tech Response: Exhibit 0 was not referenced in the discussion regarding Development Standard 13. This was an oversight. • The Appraiser's Full Report supplements Tab J of the December 27 notebook and is included as Attachment G. • A Full Report from Tetra Tech regarding Air Quality supplements Tab N of the December 27 notebook and is included as Attachment H. Additional information • A study of the visual corridor from the property adjacent and east to the project site was prepared. This Exhi bit is included as Attachment I. • The 5th wheel and other security items will be removed once the site is permanent and fenced. Wage DEVELOPMENT STANDARDS: Oen rn MMI,nc 6014&0•4•1111RAa uE at ARM OOPS* POW 011`4.00•••• •I••••••• uc111• i a WCa Cebu• CO OWN M I'SI rwl 5115 Yi.••IC OMaVWY• IAll MC MM •• NOLA **A •••••• ••••a1O • •C•14•04••••• at1AKF DMIl1MI*1 •MAITM e.Ylra(• Ww 1 a, LOOKS,' Salt• MM•I 1M•Eyl 1•KOSM0 CSN•C MD 11.:40111410.WYK CIWPt1• M 01.114 • 0.O• ONO OUT m c• WIG CM.pM Ma1O Y • Y ♦ • *n. %au, me mum• WALK• ID 1y O4,00*•• ! UMW** •••••••••••••• • M•I••••• POI. atos GO. 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WELD CCttgrY 0OLONA7O DOES HEREBY MAMIE MC ADOPT Heal* BY SPECIAL RENEW NC JEVEIGAREN(STMCAROB AS SHOWN NC DESCRIME 0 HEREON 114E DAY OF 20 CWVq, UOARDOe' COUNTY COMMISSIONERS ATTEST WELDCOUNTY CLERK TO THE &)ARO 95 DEPUTY CLERK TO 51.E BOaRC DATED LEGAL DESCRIPTION: Mgpl. A A PARCEL OE LANULC:GATED TN THE MST HALT CI BECTON TO TOWNSHIP 7 NORTH RANDE I7 MST OF TIE 5TH PRINCIPAL MERIDIAN. WELD COUNTY CQORAOO BE111IGMOVE PMIA;MAM.. DI:5(RIBED AS FOLLOWS CDMMENCIAG AT TIE WEST QAItTER COINER ON WD SEC 10416 AND CONBIDEA,N3 THE MST T. elm O THE TIE 90uTMEST OW WTE4 OF IND SECTION 16 TO BEM NCO 191eS MITH ATI MAMMA CONTAINED HEREIN Sc RDA THE THERETO VOICE IEEY2471 AONC TIE FIRTH LIE OF IM BO ITMAEST QUARTER C7F SAO IfCTP+ II A OBTANCE OF COO FEET 10 TIE PINT Cs BEOIEMPAI HENCE POT T9ICE MONET TIE EASTERLY IBGHT•01 SY OP STATE PICe er, 157 a DSTANCE OF 1500 FEN: T itcrCE ASS'sx4FE KONG THE tIE SOUTERY ReiTOF WAY OF MELD CONTY ROAD io 1/2 Al DESCRIBED W M304 air PAGE W RECORDED W THE Alto comm. CLERK MO RECOROERSLMita A MINCE OF 2125 IT FEET TEACE S0004?2W A @STANCE OF 610 )4 FEE I TO A PONT OM TIE NOR TATERLv LNE Cr A PARCEL OF INC OESCTSBEO as SOOR ISO. PAGE NIS NC REFEAENCE7 W ICOR 1132 MCI 2014299 RECORDED IN TM WELDCOUNTY CLERK AND RECORDERS OFFICE BEcne60 CO FEET PCRTYE'RLY OF AND PARALLEL WITH THE UNMER CAWTY CANAL TIERCE ALOG3 SAID NORTHERLY uAE CF TILE LAMMER COUNTY CANAL THE FOtLOMNO TEN ITO) COURSES THENCEAi5'1RttW A DISTANCE OF 414.94 FEE T. THE ACE N1Y4547W A DISTANCE or 47402 P ELI THENCE I45'2/') W A DISTANCE OF 146,54 NEE T THENCE STS' 1 TWYW. AMBIANCE or 13637 FEET. THENCE 571.29O0 -W A DISTANCE OF IM I1 FEET THENCE 57$'I4YJW A DISTANCE. OF to Nett T THENCE 594'301494 A DISTANCE OF TM 94 FEET THENCE NM'01'10'W A DISTANCE Of A35 it FEE 1 TEICE ASt 1131W A DISTANCE 00 MOOS FEE THENCE MI0'220TW A DISTANCE OF 30 15 Me TO A PONT ON NE EASTERLY Mona WAY t TNE W STALE MAMMY $7AS CESCJBEO goes. PAGE 456 REGORGEDIN TM Mat U CaNTv QERR *AID RECORDERS OFFCE THENCE KITTS WE MONO SAID FASTENt Y NOW CA WAY A ?BTAm E cm 457 41 FEET TO TIE Past or BEOWNG CAN T MANG 25 CO ACRES MORE CR : ESS era. A PARCET CF -AND LOCATED IN TM WEST fan Or SECTION IS TOs%g P MRTn RNCE 47 MES' OF THE 5TH PWC$'At ME.ROAI OECD COUNTY =ORAL'710 BERG MORE PMTIGIA RIY DESCA SED AS FO LO•FS C(AIMEACING AT THE WEST QuANtER CORNER OF WO SECTOR IS NC C OP GIDERNG THE MST LIAE OF Irt TIE BORT .AAEST CARTER CS SAID SECTION le TO BEM NCO'IV11t. WITH ALL BEARINGS CONTAINED HEREIN 8810 NELA ENE THOM tO THENCE •M• 53 tt ALIMF THE NORTH LWE MINE SOU IMNESO WAITER OI SAID SECTION 56 A DISTANCE Of 2542 II TEE I TO THE NORTHEAST CORNER OF TIE SOUTHWEST QUARTER OF ISO SECTION 15. AM) THE POPII OF BEGINNING THENCE 500942294MONO 1M: EAST IIM CM 155 BOUINMEST QUARTER Of SAM SECTION 16 ADS TAME Of 579 27 FEET HI A POINT UN THE NORTHERLY Lot CM A PARCEL W LAW DESCRIBED IN BOOM 250 PACE 340 AND REFERENCED IN BOOK 1122 MOP 7074294 RECORDED NTT* WELL)COWTY CLERK MO RECORDERS OFFICE BEIPC 5000 PENT WRIT. Ravel ANC PARALLEL W IN N M CARMEN CQMTY CANAL THENCE A ONO MIL) P THER1 • LPE Of tM LARIAER CCA N Y CANAL TIE POLL WANG THERE (3) COURSES ST2 SUM A OS TMCE Cl T1 a TEE T HENCE 546 6'O?W a MINCE OF 15214 PE11 t•EMX MSS MTW A DISTANCE OF 256.2E FEE! TfENCE Ia005'i7E A DISTANCE OF 610 24 EMT LO A AC»IT CF. THE THE SOUTHERLY ROW OF ARMY OF MID COOL TY ROAD 6010 AS DESCRIED Si BOOK 241 PAGE 111 RECORDED IN THE I E LD OD*IITI CLERK AFC RECORDERS OFFICE TIERCE Aa9174 Ft ALOMe MC SQITERLY RIGHT-OF-WAY Ulm. A =TAME CF 47S 74 FEET TO A PD17N7 ON TIE EAST Line OF THE NOR EMMETT QUARTER OF SAC SECTION IS. .Teat SOD T677W ALONG THE EMT LINE OF THE HCAnIAAEST COWER OF SNO SECTION 14 A DIa TAPCE OF 2500 FEET TO THE PONT OF BEGINNING ONTAMAIO 5 635 ACRE S LORE C•1 . [ NA PROPERTY OWNER'S CERTIFICATION: THE LNDENSONEU MAOIN PROPER Y OWNER UM. S Ht NL DT AWILL TO HAS&If SPEOFIC DEVELOPMENT PLAN AND NM t*E BY SPECW REVIEW DEVELOPMENT STANDARDS AS DESCRTBED HEREON THIS DAY OF 20 COMPANY NAME By PROPERTY LESSEES CERTIFICATION: ,E LNCERSCOC PROPER!Y Lisa E 600 re.RESI MIME '.i T.T3 STE SPECJC DEVELOPMENT LOPMEN: PLAN AND trt Tat SY SPECLA RESSE W DEVELOPMENT STMCARt$ AS DESCRBED-E NEON THIS DAY OF 70 SIMON CONTRACTORS COMPANY ev PLANNING COMMISSION CERTIFICATION: ',IBM 1OCERIIPY THAT TIE Wit WUN TY Pt 1449014u (..]MMISMCIN HAS CER I (PIED A/C ODES HER_ Sv RECGAIMEN() to II.* BOARD OF COUNTY CXWISSBIONERS MID COUNTY COLCWA]D 1'(711 HEIR CONFIRMAHON. APPROVAL AM) ADOPT ION THIS USE BY SPECIAL REVIEW AS SHOWN ANC DESCRIBED HEREON 1x48 tAY or 20 DAR. WELD CO NTY PLANNING COMMOTION TETRA TECH • I Of8(*PTION 2 COVER SHEET ..Mct NO. ¶331i'IN. I' OMNI a. Ofem BLr. OM.r Az • y S+R' 1 SO'TOWSON'WI PO TO apdtED ENTRY MON - ACCESS AP • T ECM EA0STNC ACCESS TO SE CAOSED N 200 SECONDARY CONTAINMENT NOTE AIL T OL_CWNG ECAAPME' ANOLSS WILL SE LOCATED WI'Ms THE STSOARY CO. TNNMENT • ar '-'a I EMPORARY FACILITY ACCESS ROAD NOTE JIQN IUNARM tION C* I EMPORARY ACCESS USE ONb* I f. CIRCA A I%ON t.t REVERT TO PROPOSED CIRCULATION - STOP AMC NO QIG-' ' URN sK,N LA T V V, OF USE BY SPECIAL REVIEW - USR17-0043 READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY A PART OF A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16 TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P M COUNTY OF WELD. STATE OF COLORADO ACCESS N• • T 00210 STOP MVO NO MONT TURN WON - EXTEND PAWStO SO SEVOTO OSVENwY OE WCR805 © Iar EASEMENT AEC MI 7412713 fI OE t'YYS' BALES ITYPI WR/MER- 1 °WILfC:sitTI•IPI _ \ � ? 6PG 49CANA` �"..181 EMERGENCE NEW 6 OW TAPE LEGEND - EJW HNC AME SS TO SE UWEO a IIIIIIIfu jjI11 (i liiitill1111111111((j _ --Psoua OUtLET pi — — — _ _ CAW TINE MAAR CONTOURS 0 INT ) UUS TIM] MINOR CONTOURS IT' TNT EATS TWO SECTION LINE MOW -Of WAY LINE MATTING EASEMENT CA EXISTING OVERHEAD UTILITY OUSTING GRAVEL ROAD PROPCSEDSECLIRI TY FENCE •ASTA BOUNDARY PRC,rros D ST RLCTIRiEr EOL WENT WTEaa STCOCrAES PROPCDE' i ASIANN1' ROTC fA:fi T AG ARAN.RGAC -+.."REMAKE SEAM GRAVEL ROAD GRAVEL ROAD (SMALL VENCLE IIEAFF IC OM. y) DETENTIONPOND EXISTING UTILITY POLE ORNNAOE FLOW IRNFA; CIRCULATION PROPOSED 'TOR tQ EI PROPOSED TRASH t NLlOMPP. SECTION CORNER roam R PROPOSED GAIL CONCRETE WAQIOUT AREA tame SALE TETRA TECH • _ • Nowt NJ ' )M' ;.*': TM•wer ST bwnM Grouted IN l4 AM 2 Sr Women • to LIGHTING FIXTURES EXAMPLES NOT TO SCALE rut L J_ )' .'RCHh. HL Y ACME➢ PAR FL DOD SDI VS MONUMENT SIGN LIGHT EXAMPLE NOT TO SCALE r I USE BY SPECIAL REVIEW - USR17-0043 READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY A PART OF A TRACT OF LAND LOCATED IN THE WEST HALF OF St c. 1 ION it TOWNSHIP 7 NORTH RANGE 67 WEST OF THE 6TH P M COUNTY OF WELD STATE OF COLORADO SECTION VIEW CHAIN LINK SECURITY FENCE Mr TO SCGL..E MONUMENT SIGN NOT TO SCALE L. OF EICRGRL+ CAL -URAIGVERANCE FIRE . A aL XtA • C 1 SQTu I ALL LBQOSVIES&MLL E LEVEL W'r, nit Ever MCLOWRIE WAIL E IRO/ S TO XS ME0.T ISO* PAO IO TOP ) tMLOSKlS SMLLE CQEIRVCTww ON AR'I.iO IMNI (OHMS IT PAG I PAO WAIL a NOIR1 BONG TOINMUAt CMMMA& S .HE BOTTOM Mr OMTI MNLM rrowel TN' PAD TRASH DUMPSTER ENCLOSURE Uri NOT TO SCALE THE WELD COUNTY RIGHT TO FARM STATEMENT .._ WEL0r _StY:5 ONE OF THE UTPNOGG'IYF&OWL&TtRA. COJIT:ES IN The LASTED STATES ',RA:+ RNAILH6 T.E T.7P TN SLNTES N VIE COUNTRY IN TOTAL MARKET VALLE CP AGROJ. TURN PFCQGtS SOLI. DHE RURAL AREAS OF VIf.LG z,JUNTv am BE OPEN AIC SPtQO%. BUT THEY IRE INTENSIVELY LSE OR AGT6CW TORE PERSONS BOLAND INTO A MRAL AREA MUST RECOGNIZE MC ACCEPT THEE ARE ORAVSADIS WCl LONG CONF: CTS WTn.ON 4TNOIQ ADECIA. IURAL PRAC TOES AND A.OWER.cSVEt OF SERVICES INN* IN YONN KONG MTH THE ORAVIBACKS CONE THE INCENTIVES WITCH ATTRACT URBAN CRULLERS TO RELOCATE IQ RURAL AREAS OPEN VIEWS SPACDUEESS, W LOLLS. LACK OF CITY NOISE AND CONGESTCN MO THE RURAL AtUO®PHIERE AND YAAY O L.I E W TIitT NEIOHBORNG tNAM THOSE FEATURES WHICH ATTRACT URBAN C LLE RS TO RURAL WELD COUNTY ACLU) QAO0.Y BE GONE FOREVER AGRK'1ATLRAL USERS O THE inc saw MJTTIE EXPECTED TO CHANGE THEM LIYC EBIAS*ISEU AORCVL TURK PRACTICES TOACCOMMODATE :COMMODATE THE WtRUSIONS Of URBAN USERS INTO A RURAL AREA WELL RUN A0RIOA TURN ACTIVITIES WED GENERATE OFF SITE IMPACTS INC,LUDINO NOSE FROM TRACTORS AND EOUIPMtNT dI OWMOVINO FARM VEHCLES ON RURAL NOM& DUST FROM ANIMAL PENS FIELD W)RK HARVEST AM) O RAVEI ROADS ODOR FROM ANIMAL OOW INEMEN7 IMAGE AMP MANURE SMOKE FROM DITCH BURNING FLIES MO MOSQUITOES HWIINO NC TRAMS() ACTIVITIES MINT INC SPORTS LEGAL HMINGOf NUISANLE WLLAB E AM) Tr UBE OF PESTICIDES AND FERIA VERB IN TiC net CO INICLVOWS THE USE or AERIAL SPRAYING Ina COMMON PRACTICE FOR ADRO]A TURK P 00Lia RS 10 UTILME AN ACC WUATION or AORIQA ILRAL MACHINERY AND SUPPLIES TO ASSIST IN TtEIR AORHCiA VIRAL OPERATIONS A (ONCERTRATION OF Ml5CEL LAALOUS AURICLE LUAU MA 11 ISMS OFTEN PRODUCES A VISUAL OSPARIt V BE TVEEN AURAL AND URBAN AREAS Of THE ()CUNT Y BECIHON )S 3 SIG) CRS PROV10E6 THAT AN ACTISCUL TURAI OPERATION(THAI l NOT BE ICAO TO BE A PAK IC OR PRIVATE MASANCE 1F THE AGRIQA TURA: OPERATION ALLEGED TO BE A NU4NGE EMPLOYS ME i rams OR PRACTCES THAT ARE COYYOM.Y OR RE A5ONA& Y ASSOCIATE I) OATH C Q.ttORAL PRODUCTION WATER HAS WEN MO COiTIMUES TO SE THE LWU$C FGR THE AGRC.LtLRAL :JMM PA n ITS LWRFAL4TC TC ASSUME THAT QTCEES Alt RESERVO RS MAY $MPLY BE MOVED 'OUT OF The WAY" OF FROMMLAL DEVELCPME T WEN MONO TO THE COLNTV PRLOERTF OWNERS NC RESEMATS MASS REAi2E 'PEY CIWCT TARE YMTER FROM IRPoGAT.CN DTLIEl. LAKES OR OTHER STRLCTtRES UNLESS THEY HAVE M ADAJ}CITED PLIGHT TC THE WATER WEtOawry COVERSA LAM)AREA CO APPROSIMA TELY :Dug) 1.0_ OC Iw OO) tOARE TALES 'N Mgt MASS I.E 812E OF THE STATE Of DELAWARE* W TH MORE THAN THEE THOUSAND SEVEN HeIICRtC (3 )Opp Teas at STATE AND COUVtY ROW OUt6OE O MLNTCPAU TIES THE SEER MAGMTU)E Of THE AREA TO 6E SERVED 611E TOES AVAnABLE RESDRCES LAW EN ONL2 MEN V 4 BAmD ON R SPON8E8 TO COMPLAINTS MORE THIN CI PAT ROES O THE CFANTY AND THE DISTANCES WHICH MUST 8E TRAVELED MAY DELAY ALL EMERGENCY RESPONIrSt I INCLLOW LAW ENFORCEMENT AMSUANCE AND PME FIRE PROTECTION 4 O*UMAY PROAOEDBY v0.1.01 TEE KS VINO MAT LEAVE THEM A IS AND FAAILIES TO RESPOND TO EMtROENPEB COUNTY GRAVEL ROADS NO MAT TER PLOW OFTEN THEY ARE BLADED. Wu NOT PROVIDE THE 6AMt Km O AAMACE EXPECTED FROM A PAVED ROAD WON REMOVAL PUOTIIE6 MEAN THAI ROADS FROM SAFOVISOS TO ARTERIALSMAY NOT TIE CLEARED FOR SLVEFA4 (SAYS N TER A MAJOR SNOWSTORM SERVICES IN RURAL AREAS IN MANY CAGES WLI NOT SE EOUVALENT TO MUNCIPAL WINN:E6 RURAL DWELLERS MUST BY NECESSITY. BE MOTE SW LBUFF IOENT MAN URBAN DWELLERS PEOPLE ARE EXPOSED TO It ERtNI HAMARO6 IN THE OTATNTY TIAN TN AN URBAN OR SUBURBAN SET BIND I ARM EOUPMENI AND OL FIELD EGUTAAENT PONCB AM) IRRICATION DlCHE6 ELECTRCAL POWER FDA PUMPS ANO CENTER PIVOT OPERATIONS ma+ SPEED TRN FC. &VIGOUJR& PLICIURE VWE5 IERR1ORtllt I ARM 000E AM) L VEST= AND OPEN 6URMNG PRESENT REM. TREATS CONTROL TING PALS ENS ACTmT TES 16 IMPORTANT NOT CAA Y FOR THEIR SAFETY, BUT ALSO 'OR THE PROTECTION Cl THE FARMERS WELD -Ott a 9 F r- Z K p a D H ? W g8 Q3 w `g n? to y w nQ Q x a F a 1LU W if> m N D Promo .do 11M 11560710, OVNMIi.a Jr Orme 7N CANLIM TN AA) LM AJw 3 alp MAAt.m I K% 1 Kw1Ep ENTRv SCR. 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ROC j//l 3;IAYEL ROAD alas VEnCti TRAFFIC O'4,I L€ISTIW ut4'v POLE -y% ]RMTUOE F;DW .� TRAIFC ORCIAATION A PROPOSED OCR to.tI Bi PROPOSED TRAM* E Na OMAR 0 REGION OGRNER MARKER AI ` PIOKVSED GATE CWA a. t TS CONCRETE WASROut AMA ENTRY SON WITH 0041 IYPICAt PLACEMENI PROPOSED ON -STRUCTURE LOST 1v NC/µ PLACEMENT PROPCG ' -*KT Oh GATE POST tvPCAt PLACEMENT K - SC TAO ACCESS TO SE QO/ED rig OE MIMIITIiITTI�lllllF ' Illlll1111111111 1111 TETRA TECH D z dITIA RIM iNF NPVIFW NRFM AM 13101 PST 7031 OKwprj By AS Own By- City Dram A AA 4 8Y Was 1 ntl. -L USE BY SPECIAL REVIEW - USR17-0043 READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY A PART OF A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16. TOWNSHIP 7 NORTH RANGE 67 WEST OF THE 6TH P M COUNTY OF WELD STATE OF COLORADO SEE SHEET 6 V ,Ft r)I I Alt LEGEND I- ACCESS AP 1100D0 IN) SCARLET TRUMPET PTONEYSUC(LE SiAt t ' • Ice SEED AREA FROM EDGE OF FENCE TO EDGE OF MOW OT MARY W TH MLA t. 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SUMAC TO' -J4 SEW 11) PEKING COTONEASTER - slit]. toot It VP I USE BY SPECIAL REVIEW - USR17-0043 READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY A PART OF A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16, TOWNSHIP 7 NORTH. RANGE 67 WEST OF THE 6TH P PA , COUNTY OF WELD. STATE OF COLORADO STAO.Cav SAW ♦Y 4, {el APAOIEPWE ♦, 110) 9AITOIGRAS5 �NI RASBT ERIAH IA PEKING W V ',03T0EASTER (S) RCCI(Y M1 111 AUSTRIAN PIT* y 'xAJIPFR 171 814010 4114 IA)MK .L U) STA(3MORN SUMAC ♦V 'L Ny •L• nip* AUSTRIAN y y M, AP NV (3) 6 h1KKW SUMAC (n SIACIK.RINI SUMAC W 113) SM111CNCAAIi5 (10) LtAOGNEEN AAYiPER (13) TAM (*Kass W .Y .Y y •40 y y W W W y W )4e. . W v 151 P@UM,: COTONEASTER 3 131 RAB9 T !RUSH ) 7 3) PEKING (ATONEASTER \) (5) STAW1pRN ' I9) ROCKY VT SUMAC 3 JUMPER ISf µ'APE R1AIE " (S} PEIW ) U'11IOMAR I ER TOP OT BERM ) 0 10 10 40 SCALE I•.70 - (1) AW IRWV PIK 7 - 111 *PAP* PLUME 3 ) III STAO(4ORN e41MA�. ) ) ) ) ) ) ) 9 ) 3 3 ) ) 3 ) ) 11p co of Ma v MATCHLINE SEE BELOW • 4. i- t .,L • 0 10 20 .0 SCALE I'410 [mj TETRA TECH I I 2 Z • t RFD,INF 1*N[W P1p1M1 Nq 133411T04.1444)) OfWOW M. ■ o1P.11 fly CM CMOs, ey AA 7 Sw Mesa •am I te Johnson, Anne From: Sent: To: Cc: Subject: Attachments: Johnson, Anne Friday, December 29, 2017 12:32 PM Kim Ogle 'Ken Lind'; bbaker@simoncontractors.com; JPinello@simoncontractors.com; John J. Cyran; 'David M Rau'; Bruce Barker; Bob Choate Simon USR Response 99CV201 Order Denying Motion for PI.PDF; 99CV201 Verified Motion of Defendants Opposing PI.PDF Dear Kim, Please see email correspondence below regarding a MOU or easement from WSSC. Feel free to contact us with any questions. Sincerely, Anne Anne Best Johnson, MBA, AICP I Senior Planner 1 Smart Cities Initiative Director Direct +1 720-864-4555 I Cell +1 720-204-0173 I Business +1 303-772-5282 I Fax +1 303-772-7039 Anne.JohnSon[tetratech.com Tetra Tech I Complex World, Clear Solutions TM 1900 S. Sunset St.. Suite 1E. Longmont, CO 80501 tetratech.com Please consider the environment before printing. Read More. This message. including any attachments. may include privileged. confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Ken Lind [mailto:ken@lorlegal.com] Sent: Friday, December 29, 2017 12:02 PM To: Johnson, Anne <Anne.Johnson@tetratech.com>; Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@co.weld.co.us> Cc: David M Rau <dmrau@paragoncg.com>; John J. Cyran <jcyran@hfak.com>; JPinello@simoncontractors.com; BAKER, Brett (CHEYC) <bbaker@simoncontractors.com> Subject: FW: Simon USR Response From: Stephanie Roe Sent: Friday, December 29, 2017 11:47 AM To: Ken Lind <ken@lorlegal.com> Subject: Simon USR Response Response to the Kim Ogle e-mail dated 12/28 at 8:01 AM pg. 4 — Item 1.F. Please be advised that neither a crossing agreement nor MOU will be in place for the Jan. 10, 2018 USR hearing. I have been in contact with counsel for WSSC, Don Frick, both in person and by e-mail regarding a crossing agreement. Mr. Frick has indicated that WSSC will consider a crossing agreement when WSSC has an opportunity to review construction and engineering plans. I plan to provide the plans to Mr. Frick on or about January 2, 2018. I am further advised by Mr. Frick that any crossing fees will 1 only be considered sometime after review of the plans. Any proposed crossing agreement will not be considered by the WSSC board of directors until the February 2018 meeting at the earliest. Simon has committed to enter into good and faith reasonable negotiations with WSSC for a crossing agreement but will also not be held hostage by unreasonable fees or requirements since there are many existing under canal crossings in this general area of the Larimer County Canal for pipelines, including but not limited to gas, oil, domestic water, stormwater, sewer, and electrical. Simon expects to pay similar fees as charged for these crossings. Unfortunately WSSC has made it very clear that it has no reason to cooperate in anything related to the Simon project. In fact, Mr. Frick has stated that "nothing is acceptable". Even under these circumstances, Simon will attempt to cooperate and negotiate in a good faith and reasonable manner. However, it needs to be made very clear to Weld County staff and administration that there is NO LEGAL REQUIREMENT for Simon to enter into a crossing agreement since WSSC only has a recorded non-exclusive right of way for the canal AND DOES NOT HAVE TITLE TO THE PROPERTY UNDER THE DITCH. The WSSC right of way is based upon an indenture dated December 30, 1908 and recorded February 2, 1909 as reception number 137191, Weld County records. Fee simple, marketable title to the property north of the canal, under and above the canal, and south of the canal is owned by Cactus Hill Ranch Company. Fortunately, Colorado case law is well stated and very clear as to the law regarding ditch easements which provides that the servient landowner (Cactus Hill) has the right to use its property within the easement so long as it does not unreasonably interfere with the operation of the ditch. This is a very basic legal principle of property law that has been cited and upheld by the Colorado Courts in numerous cases for well over 100 years. As an example I have attached a 1999 Weld County case that has many similarities with this USR (see above attachments) and is directly on point. Briefly, the plaintiff in the case, The Greeley Irrigation Company, filed an action in Weld County District Court in an attempt to block construction of a permanent crossing (and temporary crossing) under the ditch which utilized a 36 inch pipe to carry storm water flows across the Company canal. The District Court held that cutting the ditch after irrigation season and before the next irrigation season did not constitute an unreasonable interference with operation of the ditch. Of note, and importance, the District Court also opined that it would have been better if the developer had contacted the ditch company before construction started. The Court found and ruled in paragraph 3 of the order as follows: "While the Court finds it would have been better if Defendant Edwin T. Orr had approached Plaintiff prior to constructing the temporary crossing over Plaintiff's irrigation canal, the Osborn & Caywood Ditch Co. v. Green case cited by Plaintiff's counsel and found at 673 P.2d 380 (Colo. App. 1983) clearly holds that Mr. Orr, as the servient landowner, has the right to use his property within Plaintiff's easement so long as he does not unreasonably interfere with the operation of Plaintiff's ditch." Simon has and intends to try and reach a crossing agreement with WSSC based upon fair, reasonable, and historically based fees and agreements. 2 DISTRICT COURT, WELD COUNTY, COLORADO Case No. 99 CV 201, Division I ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION FILED 1N DISTRICT C0ll13 WELv cri (---LO.MAR 30' A,_. r . C.,0114 THE GREELEY IRRIGATION COMPANY, a Colorado corporation, Plaintiff, vs. EDWIN T. ORR, also known as ED ORR, SUSIE A. ORR, also known as SUSIE ANN ORR, and HALL-IRWIN CONSTRUCTION CO., a Colorado corporation THIS MATTER came before the Court for a hearing on Plaintiff's Motion for Preliminary Injunction on March 18, 1999. Plaintiff appeared through its President, John Leone, and was represented by William H. Southard, Esq. Defendant Edwin T. Orr appeared personally with his attorney Kim Robert Houtchens, Esq. The Court heard the testimony of the witnesses called by the parties and the statements and arguments of counsel, and being duly advised, THE COURT FINDS AND ORDERS: 1. The standard for the Court to apply in determining whether or not to grant a preliminary injunction has been set forth by both counsel in their legal authorities submitted by the Court. 2. In order for the Court to grant a preliminary injunction, inter alia the Court must find that Plaintiff has no adequate remedy of law. The Court finds that Plaintiff does have an adequate remedy at law if it cannot deliver its water which can be addressed by an award of damages. 3. While the Court finds it would have been better if Defendant Edwin T. Orr had approached Plaintiff prior to constructing the temporary crossing over Plaintiff's irrigation canal, the Osborn & Caywood Ditch Co. v. Green case cited by Plaintiff's counsel and found at 673 P.2d 380 (Colo. App. 1983) clearly holds that Mr. Orr, as the servient landowner, has the right to use his property within Plaintiff's easement so long as he does not unreasonably interfere with the operation of Plaintiff's ditch. 4. The Court finds that the statute tendered to the Court by Plaintiff's counsel, C.R.S. §37-89-101, is not applicable because Plaintiff has not shown Mr. Orr had any intent to steal water or damage Plaintiff's ditch. 5. The question of whether Mr. Orr's activities constitute an unreasonable interference with Plaintiff's operation of his ditch is resolved against Plaintiff and the Court finds, based in particular upon the testimony of Mr. Orr's engineer, that the temporary crossing over Plaintiff's ditch does not constitute an unreasonable interference with the operation of Plaintiff's ditch. 6. Mr. Orr has testified that he will have the temporary crossing removed no later than April 1, 1999 and the Court so orders. In the event Mr. Orr desires to utilize the temporary crossing after April 1, 1999 he may come back before the Court with such a request. 7. Plaintiff's motion for preliminary injunction is therefore, and hereby is, DENIED. DATED: /77�v€✓ <3 41 t//Pnunc pro tunc, March 18, 1999 BY THE COURT: APPROVED AS TO FORM: Attorney for Plaintiff ib,44,r 102,66i-atm- Attorney for Defendants Edwin T. Orr and Susie A. Orr 2 STRICT COURT JUDGE DISTRICT COURT, WELD COUNTY, COLORADO Case No. 99 CV 201, Division I VERIFIED MOTION OF DEFENDANTS ORR OPPOSING PLAINTIFF'S VERIFIED MOTION FOR PRELIMINARY INJUNCTION (WITH AUTHORITIES) THE GREELEY IRRIGATION COMPANY, a Colorado corporation, Plaintiff, vs. EDWIN T. ORR, also known as ED ORR, SUSIE A. ORR, also known as SUSIE ANN ORR, and HALL-IRWIN CONSTRUCTION CO., a Colorado corporation COME NOW Defendants Edwin T. Orr and Susie A. Orr ("Defendants Orr") who submit the following motion opposing Plaintiff's Verified Motion for Preliminary Injunction herein, to wit: BASIC FACTS 1. Defendants Orr own approximately 350 acres of real property located northwest of Greeley and lying generally in the East 1/2 of Section 32 and West 1/2 of Section 33, Township 6 North, Range 66 West of the 6th P.M. 2. Plaintiff has a non-exclusive easement for an irrigation canal that crosses Defendants Orr's said property. 3. Defendants Orr have been for some time and are in the process of subdividing and developing a portion of their said property. 4. In the course thereof, Defendants Orr have submitted plans for the construction of two permanent crossings over Plaintiff's irrigation canal to the City of Greeley and to Plaintiff. Both the City of Greeley and Plaintiff have signed and approved of Defendants Orr's Plans for the two permanent crossings. 5. One of the permanent crossings consists of a 36 inch pipe which will carry storm water flow across Plaintiff's irrigation canal, and construction of this crossing has been started but not completed. 6. The other permanent crossing will be a structure which will carry storm water across Plaintiff's irrigation canal in a cement trough and will in addition allow for pedestrian traffic. Construction on this crossing has also been started but not completed. 7. In mid -February, 1999 Defendants Orr caused a temporary crossing to be built across Plaintiff's irrigation canal. This temporary crossing consists of four 48 inch pipes covered by dirt and the purpose of this temporary crossing is to allow heavy equipment to pass from one side of the irrigation canal to the other for purposes of the development of the property. Defendants Orr intend to remove this temporary crossing on or about April 1, 1999. 8. The work on the permanent and temporary crossings is being performed by Defendant Hall -Irwin Construction Co., and upon information and belief, they kept Plaintiff informed about the construction timetable for both the temporary and permanent crossings to Plaintiff's irrigation canal. 9. Contrary to Plaintiff's assertions, neither the temporary crossing nor the permanent crossings will impede the flow of water through Plaintiff's irrigation canal nor unreasonably interfere with Plaintiff's right to maintain their canal. All construction work from this point forward on the permanent crossings will be carried on above the high water line in Plaintiff's canal. In fact, the water could be turned on now and the flow would not be impeded. 10. Pickett Engineering, Inc. are the engineers who designed the temporary and permanent crossings for Defendants Orr. Attached hereto and marked Exhibit A is a letter and attachments from Picket Engineering, Inc. verifying the adequateness of the temporary and permanent crossings to Plaintiff's irrigation canal. 11. The permanent crossings are being inspected by the City of Greeley and will be accepted and maintained by the City of Greeley along with the other public improvements in Defendants Orr's development. 12. When questions were raised concerning the temporary crossing, Edwin T. Orr had discussions with his attorney Kim Robert Houtchens, Esq., who contacted Plaintiff's counsel William H. Southard. Based upon discussions between those attorneys, Edwin T. Orr was advised that the temporary crossing over Plaintiff's irrigation canal was acceptable to Plaintiff. 13. As to the permanent crossings, on or about February 15, 1999 John Leone, Plaintiff's president, demanded from Edwin T. Orr a fee of $3,000.00 per crossing. Edwin T. Orr did not agree to pay the fee that was demanded, and Plaintiff then commenced this litigation. 2 14. For the reasons stated above, Plaintiff will not suffer irreparable damage as claimed by Plaintiff as the result of the temporary and permanent crossings over Plaintiff's irrigation canal. 15. On the other hand, Defendants Orr will suffer immediate and irreparable harm should this Court grant preliminary and/or permanent injunctions prohibiting Defendants Orr from using and/or constructing the temporary and permanent crossings over Plaintiff's irrigation canal. Specifically with respect to the temporary crossing, Defendants Orr simply must have the ability to have construction equipment cross Plaintiff's irrigation canal so that the development of Defendants Orr's property may proceed. With respect to the permanent crossings, such crossings are an integral part of the storm water drainage system designed for handling storm water drainage in and around the area of Defendants Orr's development. LAW AND ARGUMENT 1. The undersigned attorney for Defendants Orr has reviewed the legal authorities set forth by Plaintiff in its Verified Motion for Preliminary Injunction and Memorandum of Authorities. Those legal authorities set forth Colorado hornbook law which with one exception does not specifically deal with the issues involved in this case. 2. That exception is Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (Colo.App. 1983). A copy of the Osborn case is attached hereto for the Court's reference. The following holdings from Osborn are specifically relevant to the case at bar: a. . . "[Wihile plaintiff [the ditch company] had obtained an easement by prescription, it had not acquired title to the land over which it flows. The easement, therefore, should not work a dispossession of the landowner." (Page 382.) b. "Whenever there is ownership of property subject to an easement, there is a dichotomy of interests, both of which must be respected, and which must be kept, as nearly as possible, in balance." (Page 383.) c. "In attempting to achieve this balance the trial court must be mindful that on the one hand, the owner of the land burdened by an easement has a qualified right to put his property to any lawful use for which it may be adapted, including farming, but that in exercising this right, must not unreasonably interfere with the superior right-of-way of the person possessing the easement." (Page 383.) d. "The landowner, here, has a qualified right to cross, and to take equipment across plaintiff's ditch to reach his property which lies on the other side, 3 and to irrigate his land by sprinkling so long as he does not unreasonably inhibit company's ability to traverse the access road, maintain the ditch, spray and burn weeds, and so long as he does not damage the ditch structure." (Page 383.) 3. See also, Schold v. Sawyer, 944 P.2d 683 (Colo.App. 1997), a copy of which is also attached for the Court's reference. Schold holds that when balancing the interests of the easement holder and property owner, "the owner of land subject to a right-of-way may use the way for any lawful purpose, provided such use does not interfere with the right of passage resting in the owner of the easement." (Page 685.) 4. Pursuant to Ratlike v. McFarlane, 648 P.2d 648 (Colo. 1 992), in order for the Court to issue a preliminary injunction the Court must find that the moving party has demonstrated: a. A reasonable probability of success on the merits. b. A danger of real, immediate, and irreparable injury which may be prevented by injunctive relief. c. That there is no plain, speedy, and adequate remedy at law. d. That the granting of a preliminary injunction will not disserve the public interests. e. That the balance of equities favors the injunction. f. That the injunction will preserve the status quo pending a trial on the merits. 5. In summary, Plaintiff has wholly failed to establish any of the prerequisites to the issuance of a preliminary injunction herein and Plaintiff's request for a preliminary injunction must be denied. CONCLUSION 1. Plaintiff has a non-exclusive easement for the use and maintenance of an irrigation canal across real property owned by Defendants Orr. 2. Plaintiff does not have title to the land over which their easement runs, and therefore, the easement does not dispossess Defendants Orr of their right to put their property under the easement to any lawful use which does not unreasonably interfere with Plaintiff's easement. 4 3. Under the facts and circumstances presented, the temporary and permanent crossings over Plaintiff's irrigation canal are lawful uses by Defendants Orr of their property under the easement and these crossings do not unreasonably interfere with Plaintiff's right to the use and maintenance of their irrigation canal. WHEREFORE, Defendants Orr respectfully request that this Court enter an order denying Plaintiff's Verified Motion for Preliminary Injunction, and that no preliminary or permanent injunction be entered by the Court as requested by Plaintiff. DATED: March 16' , 1999 HOUTCHENS, DANIEL & GREENFIELD, LLC STATE OF COLORADO COUNTY OF WELD } }ss } By Kim Robert Houtchens, #6379 Attorneys for Defendants Edwin T. Orr and Susie A. Orr 1007 Ninth Avenue Greeley, Colorado 80631 Telephone: 970/353-9195 VERIFICATION Edwin T. Orr, of lawful age, being first duly sworn upon oath, deposes and says: that he is a Defendant in the within action; that he has read the above and foregoing Verified Motion of Defendants Orr Opposing Plaintiff's Verified Motion for Preliminary Injunction (With Authorities), knows the contents thereof, and that the same are true of his own knowledge. 5 STATE OF COLORADO } } COUNTY OF WELD ss. Subscribed and sworn to before me this I � day of MCL_d'\ , 1999 by Edwin T. Orr. WITNESS my hand and official seal. 1e1y commission expires: 1.0)11 2— ac.Wpm] ,R.YC Notary Publi CERTIFICATE OF HAND DELIVERY I hereby certify that on the 1611'' day of March, 1999, a true and correct copy of the foregoing was personally delivered to the following: William H. Southard, Esq. 1025 9th Avenue, Suite 309 Greeley, Colorado 80631 616,u_ 6 kora, Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (1983) 673 P.2d 380 Colorado Court of Appeals, Div. II. OSBORN & CAYWOOD DITCH CO., Plaintiff -Appellee, v Gerald GREEN and Kay Green, Defendants -Appellants. No. 82CA0028. Nov. 17, 1983. Landowners appealed from an injunction issued by the District Court, Larimer County, Conrad V. Ball, J., prohibiting them from crossing ditch easement for purpose of irrigating their land. The Court of Appeals, Smith, J., held that: (1) since neither party sought a determination of dimensions of easement, provision of injunction specifying dimensions was not warranted and would be stricken from injunction; (2) injunction absolutely prohibiting landowners from placing any object of any nature or description on, in, or across easement holder's ditch was too broad and restrictive, and would be modified to permit uses that did not interfere with easement holder's use and maintenance of ditch; and (3) landowners had a qualified right to cross, and to take equipment across ditch to reach their property which lay on the other side, and to irrigate their land by sprinkling so long as they did not unreasonably inhibit easement holder's ability to traverse access road, maintain ditch, spray and burn weeds, and so long as they did not damage ditch structure. Affirmed as modifed. West Headnotes (7) Ill Water Law ,=Rights of access If a ditch easement arises by prescription, dimension of the access right to maintain the ditch is that which is reasonably necessary. Cases that cite this headnote 121 Easements Judgment or decree and enforcement thereof In action for injunction seeking to prohibit landowners from crossing a ditch easement, neither party sought a determination of dimensions of easement, and thus provision of injunction specifying the dimensions of easement was not warranted and would be stricken from the injunction. 1 Cases that cite this headnote 131 Easements =By prescription 141 A party who has obtained an easement by prescription has not acquired title to the land over which it flows, and thus the easement should not work a dispossession of the landowner. 1 Cases that cite this headnote Easements Relation between owners of dominant and servient tenements in general Whenever there is ownership of property subject to an easement, there is a dichotomy of interests, both of which must be respected, and which must be kept, as nearly as possible, in balance; in attempting to achieve this balance trial court must be mindful that on the one hand, owner of the land burdened by an easement has a qualified right to put his property to any lawful use for which it may be adapted, but that in exercising this right, landowner must not unreasonably interfere with superior right-of-way of person possessing the easement. Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (1983) 6 Cases that cite this headnote Attorneys and Law Firms 151 161 Easements Alteration Owner of an easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair; however, exercise of such appurtenant rights may not expand scope or extent of the easement. 5 Cases that cite this headnote Easements Judgment or decree and enforcement thereof Injunction which absolutely prohibited landowners from placing any object of any nature or description on, in, or across easement holder's ditch was too broad and restrictive and would be modified to permit uses that did not interfere with easement holder's use and maintenance of ditch. 1 Cases that cite this headnote I71 Water Law ,=Easements in general Landowners had a qualified right to cross, and take equipment across easement holder's ditch to reach their property which lay on the other side, and to irrigate their land by sprinkling so long as they did not unreasonably inhibit easement holder's ability to traverse access road, maintain ditch, spray and burn weeds, and so long as they did not damage ditch structure. 1 Cases that cite this headnote *381 Chilson & Stanton, P.C., John H. Chilson, Loveland, for plaintiff -appellee. R.B. Fickel, Berthoud, for defendants -appellants. Opinion SMITH, Judge. This is an appeal from an injunction issued by the trial court which prohibited the defendants Green from irrigating across the plaintiffs canal. We modify the injunction, and, as modified affirm. *382 The trial court found the facts to be as follows. Plaintiff is Osborn-Caywood Ditch Company (company) which owns the Osborn-Caywood Ditch. This ditch, which has been in existence for many years, bisects the Greens' land. In 1977, the defendant Jerald Green contacted the owners of the ditch company and indicated that he desired to install a moveable overhead sprinkler to irrigate his land. He requested permission from the ditch company to cross the ditch with a pivot sprinkler, so that Green's land on both sides of the ditch could be irrigated by the sprinkler method. Permission was granted, and beginning in 1978, Green began operating his sprinkler irrigation system on his farm. Green installed railroad ties on the banks of the ditch to allow the pivot sprinkler system to roll across the ditch on planks supported by the ties. After the new sprinkler operation had begun, the company discovered that the operation of the sprinkler system caused problems in the operation and maintenance of the ditch. The water from the sprinkler created a muddy condition on the access road which ran parallel to the ditch, softened the banks of the ditch so that the railroad tie crossings cut gouges in the ditch banks when the sprinkler wheels crossed over it, and greatly increased the weed growth on the banks of the ditch. Additionally, because the sprinkler kept the banks wet, the company was unable to spray and burn the weeds at appropriate times during the 1978 irrigation season. Because of these and other difficulties the company encountered in maintaining the ditch, the company notified Green that permission to cross the ditch would be terminated at the end of the 1979 irrigation season. Green, however, continued to operate the sprinkler across the ditch throughout 1980. As a result, the company filed this Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (1983) action seeking damages and injunctive relief. On supporting evidence, the trial court found the defendant's operation of its sprinkler system substantially interfered with the plaintiff's use and enjoyment of its ditch easement. In its decree, the trial court, feeling a need specifically to define the boundaries of the easement, included the following paragraph in its order: "That the plaintiff Osborn and Caywood Ditch Company is the owner of an easement across the land owned by the defendants. Said easement being a total of 72' in width, laying 36' on either side of the center line of the existing Osborn and Caywood Ditch, as it crosses the following described real property owned by the defendants ...." [11 [21 On appeal, the parties concede, that a determination of the width of plaintiff's easement is not necessary to this case since neither party had sought such determination. If a ditch easement arises by prescription, the dimension of the access right to maintain the ditch is that which is reasonably necessary. Accordingly, we direct that the above quoted paragraph be stricken from the trial court's order. See Neville v. Loudon Irrigating Canal & Reservoir Co., 78 Colo. 548, 242 P. 1002 (1926); see also Shrull v. Rapasardi, 33 Colo.App. 148, 517 P.2d 860 (1973). Paragraph 14 of the trial court's decree states: "The defendants and their heirs, successors and assigns be and [are] hereby enjoined and prohibited from committing any of the following acts: A. Placing any object of any nature or description on, in, or across plaintiff's ditch. B. Causing or permitting any irrigation, sprinkler system to cross plaintiff's ditch or to sprinkle irrigation water on plaintiff's ditch banks or access road. C. Interfering with or in any manner obstructing or preventing plaintiff's full use and enjoyment of its easement for the operation, maintenance of its irrigation ditch." [31 In considering the validity of the above paragraph, we start with the proposition that while plaintiff had obtained an easement by prescription, it had not acquired title to the land over which it flows. The easement, therefore, should not work a *383 dispossession of the landowner. Barnard v. Gaumer, 146 Colo. 409, 361 P.2d 778 (1961). [41 Whenever there is ownership of property subject to an easement, there is a dichotomy of interests, both of which must be respected, and which must be kept, as nearly as possible, in balance. See North Union Canal Co. v. Newell, 550 P.2d 178 (Utah 1976). In attempting to achieve this balance the trial court must be mindful that on the one hand, the owner of the land burdened by an easement has a qualified right to put his property to any lawful use for which it may be adapted, including farming, but that in exercising this right, must not unreasonably interfere with the superior right-of-way of the person possessing the easement. Harding v. Pinello, 518 P.2d 846 (Colo.App.1973) (not selected for official publication) ['I Conversely, the owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair. The exercise of these appurtenant rights, however, may not expand the scope or extent of the easement. Shrull v. Rapasardi, supra. [ol Applying these principles here, we conclude that this injunction absolutely prohibiting the placing of any object of any nature or description on, in, or across plaintiff's ditch, is too broad; its terms are more restrictive than as required by the facts. [71 This is true as well with the second part of the trial court's injunction prohibiting defendants from permitting any irrigation sprinkler system to cross the plaintiff's ditch banks or access road. The landowner, here, has a qualified right to cross, and to take equipment across plaintiff's ditch to reach his property which lies on the other side, and to irrigate his land by sprinkling so long as he does not unreasonably inhibit company's ability to traverse the access road, maintain the ditch, spray and burn weeds, and so long as he does not damage the ditch structure. Harding v. Pinello, supra. We agree with the trial court that Green's sprinkling operation, as conducted, violated company's rights. Nonetheless, the trial court's injunction must be modified to bring it into compliance with these legal principles. We therefore modify Paragraph 14 of the decree to read as follows: 14. The defendants and their heirs, successors and assigns be and are hereby enjoined and prohibited from committing any acts which shall unreasonably interfere with, or in any manner obstruct or prevent plaintiffs full use and enjoyment of its easement for the Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (1983) operation, and maintenance of its irrigation ditch, such as, but not limited to, making the access road muddy at times when company requires its use, damaging ditch banks, increasing weed growth or making spraying or burning more difficult. modified is affirmed. VAN CISE and KELLY, JJ., concur. All Citations The appellants' other contention that Mrs. Green was not 673 P.2d 380 properly made a party is without merit. The judgment is modified as specified herein and as End of Document 2017 Thomson Reuters. No claim to origina U.S. Government Works. Johnson, Anne From: Sent: To: Cc: Subject: Ken Lind <ken@lorlegal.com> Wednesday, January 03, 2018 2:01 PM Johnson, Anne; Andryauskas, Jeremy; Butson, Jeff; JPinello@simoncontractors.com; bbaker@simoncontractors.com K O; Bruce Barker; Bob Choate; Chrys Hinze RE: Simon and the Larimer County Canal Very simple to answer. You will note that Ogle uses the word "deed". The document is actually titled "DEED FOR RIGHT OF WAY", but the title of a document is not determinative. It is a deed (i.e. grant) for a right of way (easement) and NOT for title to the land. It is necessary to read and understand the document to determine what is being conveyed. Is title to the land being conveyed or merely an interest in the land? That is answered by looking at the granting clause. In this case what is conveyed is specifically identified in 5th paragraph, page 1, the NOW THEREFORE paragraph which contains the granting clause. Starting in the 6th line it states "... by these presents does grant and convey unto the said party of the second part its successors and assigns, a RIGHT OF WAY over, through, upon and across certain portions of the [lengthy legal description follows]; said land being in Weld and Larimer Counties, Colorado." The next paragraph further shows the intent of the document, it states "The right of way granted being more particularly described by metes and bounds as follows, to wit; [several pages of metes and bounds descriptions]." The important language again is the term "right of way granted". Finally, the next to last paragraph on page 5 further defines the interest and intent as follows: "TO HAVE AND TO HOLD the said right of way unto the said party of the second part, its successors and assigns, for the uses and purposes and upon such terms and conditions aforesaid only." Here, the controlling language is again the reference to "right of way" as well as the language "for the use and purposes and upon the terms and conditions". This leads to the general legal definition of an easement (a right to use the land of another for a special purpose not inconsistent with the property interests of the owner). The most common easements are those for a right of way or passage over the land of another. A right of way is merely one type of easement and commonly referred to as just an easement in Colorado law by courts and practitioners. Mr. Ogle also needs to be aware that easements are created in Colorado by 4 methods being: grant (a deed or agreement in writing), reservation, prescription, or implication. The one at issue was created by a grant and for a specific purpose. The specific purpose is noted in page one, 2nd paragraph "WITNESSETH: ... for a right of way over, through, upon and across the School Lands hereinafter described, for the operation and maintenance of a certain irrigating ditch and laterals for irrigation uses and purposes;". The grant is so stated in the 4th paragraph on page 1 "WHEREAS ... such officials are authorized in such case , upon the granting of such right of way to execute and deliver on behalf of the State of Colorado, a proper deed or other instrument of writing for such right of way or grant. In other words, this is a classic easement for an irrigation canal under Colorado law. Fee title(ownership of the land) is held by Cactus Hill Ranch as I previously stated in my e-mail of December 29, 2017. We will follow up with a legal opinion reciting applicable Colorado case law. I respectfully suggest that Mr. Ogle consult with County legal counsel instead of forming a "belief" as to well reasoned and cited Colorado law. From: Johnson, Anne [mailto:Anne.Johnson@tetratech.com] Sent: Tuesday, January 02, 2018 3:33 PM To: Andryauskas, Jeremy <Jeremy.Andryauskas@tetratech.com>; Butson, Jeff <Jeff.Butson@tetratech.com>; Ken Lind <ken@lorlegal.com> Subject: FW: Simon and the Larimer County Canal Anne Best Johnson, MBA, AICP I Senior Planner 1 Smart Cities Initiative Director Direct +1 720-864-4555 I Cell +1 720-204-0173 I Business +1 303-772-5282 I Fax +1 303-772-7039 1 Anne.Johnsontetratech.com Tetra Tech I Complex World, Clear Solutions TM 1900 S. Sunset St.. Suite 1E. Longmont. CO 80501 tetratech.com Please consider the environment before printing. Read More. This message, including any attachments. may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient. please notify the sender by replying to this message and then delete it from your system. From: Kim Ogle [mailto:kogle@weldgov.com] Sent: Tuesday, January 02, 2018 2:39 PM To: Johnson, Anne <Anne.Johnson@tetratech.com> Cc: K O <kogle@weldgov.com> Subject: Simon and the Larimer County Canal Anne I am trying to determine ownership, see the attached drawing for the City of Thornton. Please reference the attached Deed 137193, page 4 of Deed, that describes a strip or parcel of land 100 feet wide ... Review of the plat and associated information lend me to believe that there may be a fee simple ownership pf land between Nelson north and Nelson south, fka City of Thornton. Please let me know of your thoughts. Thanks Kim Kim Ogle Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.3549 Direct 970.353.6100 x 3540 Office kogle@weldgov.com 2 MEMORANDUM OF CASE LAW TO: KEN LIND FR: CHRYS HINZE DA: JANUARY 4, 2018 RE: SIMON CONTRACTORS (CACTUS HILL RANCH) USR - NATURE OF INTEREST OF WATER SUPPLY AND STORAGE (LARIMER COUNTY CANAL) BACKGROUND: 1. Pursuant to Warranty Deed dated March 31, 1959 and recorded in the records of the Weld County Clerk and recorder on July 27, 1959 at Book 1537 and Page 20, Ernest D. Nelson, Anna M. Nelson, and Kenneth L. Nelson granted to Cactus Hill Ranch Company ("Ranch") fee title in the West One-half (W1/2) of Section 16, Township 7 north, Range 67 West of the6th P.M., Weld County, Colorado. 2. Pursuant to a Deed for Right of Way ("Right of Way Deed") recorded in the records of the Weld County Clerk and Recorder on February 2, 1909 at Book 289 and Page 449, Water Supply and Storage Company ("Ditch Company") owns an interest in certain land within the northeast quarter of the southwest (NE 1/4 SW 1/4 ) quarter and the northwest quarter of the southwest quarter (NW 1/4 SW 1/4) of said Section 16. 3. The Right of Way Deed states, in pertinent part, the following: The grantee had made application to the State Board of Land Commissioners for "a right of way over, through, upon and across the School lands...for the operation and maintenance of a certain irrigating ditch and laterls [sic] for irrigation uses and purposes"; The grant was "for the uses and purposes aforesaid", in exchange for the surrender and cancellation of a prior Right of Way deed; The grant clause identifies the conveyance as follows: "[Grantor] by these presents does grant and convey to the said party of the second part, its successors and assigns, a RIGHT OF WAY over, through, upon and across certain portion of.... the northeast quarter of the southwest (NE 1/4 SW 1/4 ) quarter ....[and] the northwest quarter of the southwest quarter (NW 1/4 SW 1/4 )... of section sixteen (16) in township seven (7) north of range sixty-seven (67) west of the sixth (6th) principal meridian...... Following the general grant, the document recites: "The right of way herein and hereby granted being more particularly described in metes and bounds as follows, to wit: ....ALSO A strip or parcel of land 100 feet wide through the ....south half (S 1/2 ) of section sixteen (16) in township seven (7) north of range sixty seven (67) west of the sixth (6th) principal meridian in Weld County, Colorado, being 50 feet on each side of and parallel to a center line described as follows...." 4. A Title Commitment issued by the North American Title company of Colorado regarding the subject USR parcel confirms the Right of Way Deed as a "Right of Way Easement". 5. Recorded Exemption No. 0705-16-3 RE 4897 recorded on October 3, 2013 as Reception # 3968121 refers to the Ditch Company's interest as a Right of Way for the Larimer County Canal. 6. In comments regarding a special use permit involving property located in the SW4 of Section 16, Township 7 North, Range 67West of the 6th P.M., County Planning has raised its concern that, pursuant to the Right of Way Deed, the Ditch Company and not the Ranch owns the fee title to the land described, in relevant part, in the Right of Way Deed. QUESTION: DOES RANCH OWN THE FEE TITLE TO CERTAIN PROPERTY SET FORTH IN A DEED GRANTING A RIGHT OF WAY OVER, THROUGH, UPON AND ACROSS CERTAIN LANDS DESCRIBED, FROM THE STATE OF COLORADO TO THE WATER SUPPLY AND STORAGE COMPANY IN THE SW QUARTER OF SECTION 16, TOWNSHIP 7 NORTH OR RANGE 67 WEST, WELD COUNTY, COLORADO? ANSWER: THE DITCH COMPANY HOLDS ONLY AN EASEMENT IN THE SUBJECT PROPERTY, AND RANCH OWNS THE FEE TITLE. 1. The use of a conveyance document including the word "Deed" does not, in and of itself create a fee conveyance. Easements can arise by express or implied grant, necessity, or prescription. Wright v. Horse Creek Ranches, 697 P.2d 384 (Colo. 1985). Easements are clearly limited, non -possessory interests in land; however a conveyance document involving a right of way can sometimes give rise to ambiguity as to whether the estate granted was a non -possessory estate or the fee. However, when the words "right of way" are used to describe an interest in real property, the estate conveyed is traditionally construed to be an easement and not a fee grant. Hutson v. Agricultural Ditch & Reservoir Co. , 723 P.2d 736 (Colo. 1986) 2. Written grants of easements or non -possessory rights of way are commonly created by conveyance documents using "deed" in the title using either the words "Easement" or "Right of Way". 3. The granting of a "right of way" in a document called Right of Way Deed raises the presumption that the grant is of less than the fee, which presumption stands unless the document clearly sets forth an intent to convey the fee estate. Board of County Commissioners v. Morris, 362 P.2d 202 (Colo. 1961); Farmers Reservoir & Irr. Co. v. Sun Production Co., 721 P.2d 1198, 1200. (Colo. 1986). 4. Deeds in which the granting clause convey a "right of way over, across, or upon" certain lands devolve an easement as to the granted property itself and not a fee. Farmers Reservoir & Irr. Co. v. Sun Production Co., 721 P.2d 1198, 1200. (Colo. 1986). In contrast, a deed that conveys a strip of land by warranty deed (without referencing the granted parcel as a "right of way" in the document) can be construed a grant of the fee, but only if the grant does not contain additional language that describes the use or purpose for which the land is to be put. Lincoln Savings and Loan Assn. v. State of Colorado, 768 P.2d 733 (Colo.App., 1988). 5. Other considerations in construing the parties' intent on the face of an instrument will bring the conclusion that the fee estate was not conveyed in this case: - Only an easement and not the fee were what was required for construction of the canal. - Use of the words "strip of land" were limited to the clauses more specifically describing the easement, and were not included in setting forth the estate in the grant clause. Even more, use of the words "right of way" or "on, over and across in the grant clause or the habendum clause do arise as words of limitation in the estate conveyed. - Use of the words "on, over and across" are words of easement and not of fee title. - The grant was made by a "right of way deed", not a general warranty deed. See, Morris, infra. CONCLUSION Here, in addition to using a "Deed of Right of Way" document, the grant clause restricts the estate conveyed to a "right of way" and does not simply reference a "strip of land". As well, the grant clearly describes the limited purposes for the use of the interest conveyed, and expressly states the interest acquired as being "over, through, upon and across certain portions of..." Although the words "a strip of land" are used in the deed, those appear only a part of the further description of the limited estate, a right of way, set forth in the grant. It is without questions, then, that the interest conveyed in the Ditch Company's Right of Way Deed is not a conveyance of fee title to the described property but an easement, and Cactus Hill Ranch Co. holds the fee title. Johnson, Anne From: Sent: To: Subject: Attachments: Ken Lind <ken@lorlegal.com> Thursday, January 04, 2018 4:09 PM Johnson, Anne FW: Simon Tt 133-01756-17001 PLAN PROFILE SET 180104.pdf Anne, specs etc.for the crossing have now been sent to WSSC legal counsel for review. See below. From: Ken Lind Sent: Thursday, January 04, 2018 3:31 PM To:'sarairby@fbgpc.com' <sarairby@fbgpc.com> Cc: 'Don Frick' <donfrick@fbgpc.com>; Bill Fischer <billfischer@fbgpc.com>; 'David M Rau' <dmrau@paragoncg.com>; 'Butson, Jeff' <Jeff.Butson@tetratech.com> Subject: FW: Simon Sara, attached please find plans and specifications regarding a proposed crossing of The Larimer County Canal upon the Cactus Hill property just south of SH 14 and east of SH 257 in NW/4 of 16 - 7N -67W which is the location of the Simon Contractors asphalt facility. I believe Don has mentioned this to you as he indicated you would be handling any crossing request. The crossing will be 2 pipelines that will carry storm and surface drainage water from the 25 acre project site under the ditch to the south and onto property also owned by Cactus Hill. The attached plans should provide adequate information to commence review by your firm. If you require any additional information to commence review, please contact me. If the company engineer or manager would like to meet with Simon engineers please advise and I will have the Simon engineers get in touch. Thank you for your cooperation, Ken Lind David M. Rau, P.E., BCEE Principal Engineer Paragon Consulting Group, Inc. 1103 Oak Park Drive, Suite 110 Fort Collins, Colorado 80525 Direct 970-225-0688 Fax 970-377-1880 PAR : .JON l f)\.,1 I. ]'[tiL. {.R 1L I' The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. 1 PAR.AGON i.'t'NSULTI.NlD R';)UP Sent Via Email (ken.. c;lorleaal.com) January 4, 2018 Kenneth F. Lind, Esq. Lind, Ottenhoff & Root, LLP 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 Re: Proposed Crossing of Larimer County Canal Severance Ready Mix & Asphalt Plants 8449 County Road 80.5, Weld County, Colorado Project Number 1017058 Dear Mr. Lind: 1 IT`_ 1103 OPIk Park DrLve, Sure 110 Fort Collins, CO 80525 Phone (970) 377.1600 F. (970) 377.1880 ve-,,,,pmgoncg corn DAVID M. RAD, P.E., BCEE Sco- A. RUTHE:RFORD, P.E. BRICK SMITH, P.E. BRAD C. WOI lI ER HEATHER S. ALDERMAN DAVID C WALKER The purpose of this letter is to provide my professional opinion regarding the above - reference proposed crossings of the Larimer County Canal. As you know, I have prepared plans for crossings of similar ditches and approved crossing plans on behalf of ditch companies for many years. We reviewed the plans associated with the proposed crossings that we received on January 3, 2018 and that are attached to this letter for your convenience. These plans were prepared for Simon Contractors, Inc, by Tetra Tech and are for conveyance of stormwater that the owners of the Larimer County Canal do not want to enter their ditch. We understand that the proposed crossings would be constructed using standard open -trench techniques to be completed before May 1, 2018. The crossing plans are typical for such crossings. In my professional opinion, construction, operation and maintenance of the proposed crossings will not unreasonably interfere with the operation and maintenance of the Larimer County Canal nor will it impede flow in the canal. The proposed crossings are virtually identical in nature to a crossing constructed on this canal during November and December 2017 at a location approximately one (1) mile downstream of the proposed crossings. A notable difference is that the recently constructed crossing was for a much larger pipe (48 -inch diameter) than the pipes associated with the crossings proposed for the Simon Contractors, Inc. stormwater. E\\ t 3 J B 1 i s N T A L. E \l Li 1 \: k_ E R I N G, \\' A T E R R S ;1 L! B. C? S AND 6_ '. i .; i\} 1. i Kenneth F. Lind, Esq./LOR - Proposed Crossing of Larimer County Canal Project Number 1017058 January 4, 2018 Page 2 PARAGON Please contract me if you have questions or comments regarding our professional opinion presented herein. Sincerely, PARAGOETING GROUP, INC. Davi.��a, Colomber'2 att: Propo ans DMR:dmrl (FTC)N:120171PROJECTS110170581WSSC CROSSING11017058 WSSC CROSSING PLAN OPINION 180104.LTR.DOCX I1/479C '%OVERMI STE Pi C B A fEXISTING ACCESS '0 BE CLOSED S LEGEND LIGHTED ENTRY SIGN STOP AND NO RIGHT TURN IRON ♦ JECENui:N% C:Nai h a t. of Y C ..-- LARXMER COUNTY CANAL 4.4 BK 249 PG 449 RECI131191 STOP AND NO RIGHT TURN SIGN /`EAIEND PAVING MT / BEYOND DRIVEWAY OE 4TERNATIVE :ANCRETE PLANT u EXISTING MAO CONTOLRIS (IV INT ) EXISTING MINGO OGNTOLRS (1' INT ) OUSTING SECTION LINE RIGHT-OF-WAY LINE — EXISTING EASEMENT EXISTING OVERYEAD UTILI Tv EXISTING GRAVEL ROAD — PROPOSED SECURITY FENCE PROPOSED WOCCEN PRIVACY FENCE - USR BOUAIOARY PROPOSED STRUCtUREI EOVPMENt MATERIAL STOCKPILES PROPOSED ASPHALT ROAD EXISTING ASPIML T ROAD 4 CWA SCREENING BERM GRAVEL ROAD GRAVEL ROAD (SMALL VEHICLE TRAFFIC ONLV) DETENTION POND OUSTING UTILITY POLE PROPOSED PORTOLE T PROPOSED TRASH EMX OBURE SECTION CORNS R MARKER PROPOSED GATE CONCRETE WASHOUT AREA AYA,S' HAY BALE wraecfl OP - EXISTING ACCESS TO BE CLOSED OE —. OE EMERGENCY OUTFALL EII1JItIIII ununuILuiuutJ I RUCK A EUUPMENI PARKING DETENPON INCOE DUWFALL - — OE at —j I 0 50 100 SCALE I':100 TETRA TECH NOT FOR CONSTRUCTION gH 38 El a Z W m U< • gg Z= n < o N2 g ow 6p •.,wJ Nc 13 M11 155.11021 . yrX ST RCM CRY as C-100 i t A 5 6 rQERE!.'-E READY MIX 6 / ASFAr1ALI PANTS I.QEA 0.00 1 SINGLE PIPE 3/ 73l E n' T 7{tM HEADWIAALL TLTIL —PC-43A w8E•STS M \\I- PROPERTY i INE/SW LARIMER LOI/NTY CANAL EASEMENT STA 1.01 54 L#F 000 Li 7. a)JI Lf It STORM LARIMER COUYtY CANAL 29.46 LF 6• STORM 100 LAMMER COUNTY CANAL EASEMENT 51A2.01 52 OFF 0 00 RIPRAP 050 ' OUTLET STRUCTURE 5200 5200 5195 5195 5190 5185 8 Q 5180 5175 5170 5165 5160 SNGLE PIPE HEADWALL ROPERTV LINEX100 JLRIMER COLN TT CANAL . _ EASEMENT - Entail GRACE t ARIMER OOLHITY GVdM 6'G PVC 15 BEND B3 77 IP e' sTORAI 0 000% 6'M PVC 45 OENG RIPRAP - SEE NOTE I OUTLET STRUCTURE EXISTING SURVEY LIMITS 0+00 1+00 PROFILE POND A OUTFACE WALE HORIZ I-=20 VERT Lt.5 5190 0 5185 a + N Q t- tn w 5180 a5175 2+00 2+40 5170 5165 5160 POND A OUTFALL MAU ER LENGTH RADIUS LINEX;HORO INFECTION START NORTHING a EASTINI ENU NORTHING S FASTING t• X0 COO S17 K'579'E N 290691N E 10638 t3A N29276649 E 10905 006 10C tl 10 20 A/ 6CALE I- -7LT NOTE FIEL08URVEY DATA FROM 12.14.17 INDICATES APPROXIMA?ELY J 'FEET OF EXISTING ELEVATION DIFFERENCE FROM THE POND INLET LOCATION TO IHE ESTIMATEDOUTFALL AREA 2 THEM' MIMMU1 DEPTH OF THE PIPE SHOULD EXTEND AT LEAST 10 oUTSDE OF THE CANAL BANK ON BOTH SIDES Cf THE CANAL 0 ICI 20 40 TALE 1•=10 NOT FOR CONSTRUCTION 6 N J Qa oq} aJ h W ~ O iga D. v.ez a Ix 6g 1Z ft a. NodHG 1330175647001 OMENS IN RCM Dr -nay cEW Chase By JAB C-200 EMT MMMWMM 1 Inch p 6 I I'WO'. LaW sC'MOItfCtt5F+t00ICAOOKKEfin81COHOtwNLtnOM ODCUMPO C-7CO RAN MO%C ( 3 Yt, tHNELER ntC* a A 0 w r Tut o 0 18 MATCHLINE STA 0.00 w w IuA I`rR '2XS 8 > ^) U4 Ig I�i I� 8- 8- S 4 K.; O w MATCHLINE STA 2.54 w w w s 8 ;Ir Iw N I8 In In MATCHL NE STA 0+00 -a N S �J I MATCHL:NE STA 2.40Ca m �p !n IO IU 8 !(!� g th 0 N O k i I 5•A7A CONTRA: ORS UMM7al IVFt COtnil V Ca ORAOO SEVERANCE READY MIX S ASPHALT Pt ANTS PLAN AND PROFILE Ina DATE DESCRIPTION S/IS tiIS 'IS \ \ 1 o it Mot \ ? g1g x i \ -5t/1ci • 51M ' G ZS !ii 8a 6 m '1>?B MA' St x.n9 6 i I A Na + f t Yc POND B OUTFALL • = a g I 4 I` R Y Q 220 t mma.n; b •Dj aayy f V 'l O El ii The me ►8 it a$ i§ ::$ ES ib NOT FOR CONSTRUCTION ["it) TETRA TECH •a. Rbatc•' co, 400 Se" Swan Mt St •-E -.-ant Came 6050' a MI; 772.7030 Covey* tun Toth SEE FOIE 8 & d 4 2 Y i n I- 09 POW LINER 1 FOOT TACK ` I C0MPACTEDCLAY LINER ; 1 7 I b PLAN VIEW 7 PROFILE VIEW SEE NWT 1 A DETENTION PONDS SECTION 11'-0' INSTALL B' HEAEXIATE INSTALL H' HEADOATE FRONT VIEW DOUBLE PIPE HEADWALL %CALL 314 • T' 0' APYROXIMA'IE EXISTING CONTOUR NOTES_ POND A SOT TOM MOTH : 4 FT AON0 8 SO T TON MOTH . 25 5 F T 7 POW A TOPYNOTH:IOO FT POND 8 TOP WIDIH : 50 0 FT h. 72- c alb PLAN VIEW Q Ns?.... a. HEATXJA I'E [7 PROFILE VIEW FRONT VIEW SINGLE PIPE HEADWALL %GALE YI' 10' GENERAL NOTES: EARTHEN LINER MATERIAL IS TO TIE COMPACTED NATIVE CLAY BOIL TO BE BORROWED F ROM THE STOCKPILE ON CACTUS HILL RANCH PROPERTY 2 SUSGRADE PREPARATION SCARIFY to 6INCHES{MIN)ANO RECOMPACT SUBGRAJE BEFORE LINER MATERIAL INSTALLATION 5 EARTHEN LINER MATERIAL SHOULD BE COMPLETED TO ONE ;I) FOOT THICK ON BOTTOM AEG SIOEW ALLS THE LINER SFCIAO BE CONSTRUCTED IN B INCH TO 10 INCH LOOSE LIFTS AND THEN COMPACTED COMPACTED LIFTS SHALL NOT EXCEED SIX ES) INCHES 4 COMPACT SuBGRADE AND SDEWALLS BELOW CLAY LINER MA IERIN. 10 46% OF STANDARD DRY DENSITY AT -7% TO -3% OF OPTIMUM MOISTURE PER ASTM 0666 % COMPACT CLAY LINER IMTERAT ID a 05% OF STANDARD DRY DENW IV At 2% 10 .3%0F OPTIMUM MOISTURE PER ASTM CBCO 6 GRANULAR MATERIAL SHALL NOT BE USED IN ANY Ur THE RECOMPACTED MA IERIAL COORDINATE WITH ENGINEER FOR OEN®IY TESTING CONTRACTOR 10 PROVIDE 71•HOUR NOTICE PRIOR TO DEN911Y TESTING 6 ENGINEERS REPRESENTATIVE IS TO BE ON SITE FOR CONSTRUCTION 08SERVAI ION MIRING CONSTRUCTION 6 MOISTURE DENSITY TESTING SHALL 8E A MMMLM OF TWELVE I17) RANDOM OR SELECTED LOCATIONS IN THE COMPACTED IMPOUWDMENI BOTTOMS AND ONE Lt) TEST PER I00 LINEAR FEET Of COMPACTED SIDE WALLS NOT FOR CONSTRUCTION IP F — w a N 2 a L ET OF J 0 W J L V < I- XU 2a 1— o: aLArO TI In p U 6 O: PNRct Nn T,1NCl/X'.1:'.,I 0wpra WI RCM . .C CM' AB C-500 ft I 0 S SC SCALE t• - SC ti • .. O> a rte. ± s 1 • r...e,. - .---.-a. • 4 STATE HIGHWAY 257 it, I rAL 4 • • 1 4 4 • x ROAD PLAN SCALE +' • 80 STATE HIGHWAY 257 a a willo e -44-4111111.- - 7n-_ - •es ad' .VELD COUNTY ROAD 80 5 O TETRA TECH www letratech corn 1900 S Sumer St Ste 1 . E Longmont Cotoraeo 80501 Prone (303) 772-5252 Fit (303) 772..7039 SIMON CON 1 RAC TORS COMPANY WELD COUNTY, COLORADO CONCEPTUAL STATE HIGHWAY 257 IMPROVEMENTS Propcl No. 133-0175&17001 Date DEC 2017 Designer By JAB Fg7Jre FIG 1 Bar Meawes 1 mat SOUTH SIDE (JP TAI ROW to 8 6 8 9 a WELD COUNTY ROAD 80.5 ROAD PLAN SCALD -n:r wows tetntoch corn 19005 Sunset ST ea t.E Lawyent Ganes 00501 .c :3071 772.5252 Fa>, (707) 772- 7079 Rat Measures t irrt+ k4Or —11).\\\ SIMON CONTRACTORS COMPANY WELD COUNTY, COLORADO CONCEPTUAL WELD COUNTY ROAD 80.5 IMPROVEMENTS Project No. 133-01756-17001 Date DEC 2017 Despised By JAB p,re FIG 2 (DRAFT) STORMWATER AND DRAINWATER LICENSE AGREEMENT THIS STORM WATER AND DRAINWATER LICENSE AGREEMENT ("Agreement)" is made on this day of , 2018 between CACTUS HILL RANCH COMPANY, a Colorado corporation whose address is 38990 Highway 257, Fort Collins, CO 80524 ("Cactus Hill"), and SIMON CONTRACTORS, a Wyoming corporation whose address is 1103 Old Town Lane, Suite 201-A, Cheyenne, WY 82003-0149 ("Simon"). RECITALS A. Cactus Hill owns a parcel of land located in the West Half (W/2) of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado consisting of approximately 25 acres, as more particularly described on attached Exhibit "A" hereto (the "Project Property"). B. Cactus Hill and Simon have entered into a Lease Agreement regarding the Exhibit "A" Project Property which Lease Agreement identifies Cactus Hill as the Landlord, Simon as identified as the Tenant, and by which the Project Property is to be used for purposes of mixing and production of hot mix asphalt, redi-mix concrete together with related facilities and equipment. C. The southern boundary of the Project Property is an irrigation ditch called the Larimer County Canal which exists by virtue of a Right -Of -Way and Easement Agreement. Property south of the Northern boundary of the Larimer County Canal is owned by Cactus Hill as more particularly described on attached Exhibit "B". D. Cactus Hill also owns the property immediately to the south of the Exhibit "A" and Exhibit "B" Property which is located in the West Half (W/2) of Section 21, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described on attached Exhibit "C". E. Simon has applied for a Use by Special Review for its Project identified as USR17- 0043 in conjunction with Cactus Hill and it is necessary that stormwater and drainage water for the Exhibit "A" Property be directed to the Exhibit "B" and "C" Properties as the owners of the Larimer County Canal, being the Water Supply and Storage Company ("WSSC"), have refused to accept any drain or stormwater from the Project Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. A License is hereby granted to Simon to allow stormwater and drainwater from the Exhibit "A" Property to be discharged onto the Exhibit "B" and Exhibit "C" Properties. Attached as Exhibit "D" is an overall site plan which shows the Project Property including onsite detention ponds and the location of discharge points and structures from the Project Property to the Exhibit "B" Property. 2. Said stormwater and drainwater shall flow upon the Exhibit "B" and "C" Properties in the historical stormwater runoff patterns as shown on attached Exhibit "E". Said stormwater and drainwater will be discharged onto the Exhibit "B" and "C" Properties at one or more discharge points on the Exhibit "B" Property which will be planted with native grasses thus being returned to the historical stream system or aquifer and not consumed for a beneficial purpose all pursuant to Section 37-92-602(8), C.R.S. Pursuant to the terms of said statutory reference, the stormwater and drainwater from the Exhibit "A" Property shall be released to the natural drain system or infiltrated into the aquifer and not used by Cactus Hill for any other beneficial purpose. 3. Cactus Hill hereby agrees to accept all of said stormwater and drainwater generated upon the Exhibit "A" Project Property in accordance with, subject to and as required pursuant to the terms of that email dated December 22, 2001 issued by Jeff Deatherage, P.E. Water Supply Chief of the Colorado Division of Water Resources and the administrative statement regarding the management of Stormwater Detention Facilities and Post Wildland Fire Facilities in Colorado dated February 11, 2016 all of which are attached hereto as Exhibit "E". 4. This Agreement shall remain in place so long as the Lease between Cactus Hill and Simon is in effect. 5. In the event the Lease between Cactus Hill and Simon is terminated or the USR is revoked, terminated or abandoned, Simon is required to decommission the USR operations and restore or reclaim the Project Property in accordance with a Decommissioning Plan as required by condition of approval 7.d of the Project Use by Special Review (USR17-0043). Specifically, Cactus Hill shall assume all responsibility for maintenance and operation of all onsite drainage and stormwater related features located upon the Exhibit "A" and/or Exhibit "B" Properties. Such onsite drainage related features will remain so that historical flow patterns and runoff amounts from stormwater and drainwater continue. 6. This Agreement shall be binding hereto upon the heirs, successors and assigns of the Exhibits "A", "B" and "C" Properties but only so long as the Exhibit "A" Property is being used for the purposes as allowed pursuant to the above referenced USR or as allowed by any subsequent approved or amended USR. 7. This Agreement shall be a covenant running with title to the Properties described as Exhibit "A", "B" and "C" and be binding upon and shall inure to the benefit of the Parties hereto, their heirs, representatives, successors, and assigns. IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year as stated below. 2 Simon Contractors Cactus Hill Ranch Company By: By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Name: Nels Nelson Title: President The foregoing instrument was acknowledged before me this day of , 2018 by Nels Nelson as President of Cactus Hill Ranch Company, a Colorado corporation. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) ss. COUNTY OF WELD ) Notary Public The foregoing instrument was acknowledged before me this day of ,2018 by as of Simon Contractors, a Wyoming corporation. WITNESS my hand and official seal. My commission expires: Notary Public 3 Johnson, Anne From: Sent: To: Cc: Subject: Kim, Hice-Idler - CDOT, Gloria <gloria.hice-idler@state.co.us> Friday, December 29, 2017 11:56 AM Kim Ogle Bilobran, Timothy; Johnson, Anne; Gene Coppola Simon Contractors CDOT has had their concerns regarding the Simon traffic study addressed. An access permit has been written and sent to Simon for their signature. Once the permit is returned to CDOT, Tim will issue the access permit. A Notice to Proceed will be issued upon receipt of acceptable construction drawings which is standard practice. If you have any questions, please contact Tim. Have a great New Year! Gloria Hice-Idler Rocksol Consulting (970) 381-8629 COLORADO Department of Transportation 10601 W. 10th Street, Greeley, CO 80634 gloria.hice-idler®state.co.us I www.codot.gov I www.cotrip.org Maur gr a —toy be the best DOT ROAD 1 C LORA DO Department of Transportation Region 4 Traffic Section 10601W10th St Greeley, Colorado 80634 (970) 350-2148 Fax: Permit No. 417131 December 19, 2017 To: John Pinello Simon Contractors 6215 Clear Creek Parkway Cheyenne, Wyoming 82007 Dear Applicant: 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. 2. If you choose NOT to act on the permit, please return the permit unsigned. 3. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 4. If you ACCEPT the Permit and its Terms and Conditions and are authorized to sign as legal owner of the property or as an authorized representative, lsitease skin and date the Access Permit form on the line marked "PER/v ITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. 5. Provide a check or money order made payable to "CDOT" for the total amount due of $300.00 6. You must return the signed Access Permit, including all pages of terms and conditions and all attachments, with your payment to the Colorado Department of Transportation (CDOT) at the address noted below. The Department will return an executed copy of this permit. You may retain this cover letter for your records. 7. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit withdrawn. 8. As described in the attached Terms and Conditions, you must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right -of -Way without a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department of Transportation's validation shall be considered a violation of State Law. If you have any questions please call Allyson Mattson at (970) 350-2148. Please return Access Permit and attachments to: Region 4 Traffic Section 10601 W 10th St Greeley, Colorado 80634 10601 W 10th St, Greeley, CoLorado 60634 P 0.070) 350-2148 F - h tips : / !codot. gov / accessperm its COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 417131 Permit Fee $300.00 Date of Transmittal 12/26/2017 Region I Section ( Patrol / Name X/01 / 17 State Highway No I Mp / Side 257A / 18.053 I Right Local Jurisdiction Windsor The Permittee(s): Nels Nelson Cactus Hill Ranch Nels Nelson 38990 State Highway 257 Fort Collins, Colorado 80524 (970) 686-2215 The Applicant(s): John Pin el to Simon Contractors 6215 Clear Creek Parkway Cheyenne, Wyoming 82007 (307) 772-3256 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any a€tachments, terms, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Access is located on the East/Right side of State Highway 257A at approximately mile point 18.053: 280 feet North of mile marker 18. Access to Provide Service to: (Land Use Code) (Size) (Units) 969 - Asphalt Plant Asphalt/Concrete Production- 35 Acres 997 - Agriculture 16515 Acres Additional information: I. The Notice to Proceed will be issued upon receipt of acceptable construction drawings. 2. The Perrnittee must conduct a preconstruction meeting and have the CDOT Region 4 Access Inspector present at that meeting. 3, The Perrrrittee must provide contractor's certificate(s) of insurance to the COOT Region 4 Access Inspector prior to beginning any work within the CDOT right-of-way. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to bein n 9 used. The permittee shall notify Bruce Barnett with the Colorado Department of Transportation, at (970} 350-2147 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions, Perrnittee Signature: Print Name Date Do-Perrnittee Signature: (if applicable) Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Print Name Title Signature Date (of issue) Copy Distribution: Required: 1,Region 2.Applicant Make copies as necessary for: 2.Etaff Access Section Local Authority Inspector MTCE Patrol Traffic Engineer 4.Central Files Previous editions are obsolete and may not be used Page 1 of 3 CDOT Form WW1 MT State Highway Access Permit Form 101, Page 2 PERMIT EXPIRATION The following paragraphs are excerpts of the State Highway Access Code, These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the j,Tra n sportation] Commission [of Colorado], To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant, 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local a uth orityk 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6) shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. 1. A permit shall beconsidered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commenceconstruction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the a pp rova l of an extension, and shall notify the Department of ail denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector, 3, The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious a n d safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. . Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M . L.T. C. D. as required by section 42- 4-104, , F . ., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants, If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), .R. of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, . R.S. MAINTENANCE 1. The perrnittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization" from the Department. Form 101, Page COLORADO DEPARTMENT F TRANSPORTATION Environmental Clearances Information Summary PURPOSE perform encountered environmental work - environmental This related or summary cultural to their resource is own permits/clearances intended facilities permits/clearances to inform (such that as entities Utility, may may apply external Special be to required their to Use COOT activities. or in Access certain that may This instances. Permittees), be listing entering is Appropriate the about not all-inclusive state some local, highway of the more - additional state right-of-way commonly and federal to agencies specific should activity. be IMPORTANT contacted for — Please additional Review information The Following if there is Information any uncertainty Carefully about •- what Failure permits/clearances to Comply With are required Regulatory for a Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE may • be Colorado contacted Water Environmental Department Quality CONTACTS for additional Control Permitting of Public - information: Division As indicated Health Website (WQCD): and httos://www.colorado.govipacificicdpnelall-perrnits in the Environment (303) permitfclearance 692-3500 (CDPHE): descriptions General Information listed below, - the (303) following 692-2035 individuals or agencies • CDOT Water Quality Program Manager: (303) 757-9343 https://wwmr. dlot.gov/programs/environmental/wa►ter-duality • • • COOT Colorado U.S. Omaha hit Army p:// Asbestos Office District ww.nwo.usace.arriy.miiiMissions/ Corps of Project of (NE Archaeology Engineers, CO), Manager: Denver and District Phil Office Historic Kangas, Regulatory (303) .euuulatoi Preservation: (303) 9794120 Offices: 512-5519 Program/ (303) 866-3395 olor-adocaspx Sacramento htt o:f/www.s pk.usace. Dist. (Western a rmy. CO), m it/Missions/Requqkto Grand Junction Office (970) r.asox 243-1199 Albuquerque nttn:I wwaspa.usace,a District (SE rrn CO), v. m it/Missions/ReoulatoryProgramand Pueblo Office (7'19)-543-9459 Permits.as px • CDOT Utilities, Special Use and Access Permittin : 1103) 757-9654 htt s:/lwww.codot. ov/business/ rmits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or threatened suspected and Authorization be the obtained COOT threatened or from endangered must Regional the be or provided COOT endangered Permitting species website, by are CDOT Office species htto://vvww.codot.uoviorooramstenvironmental/wildlifelouldelines, encountered and prior habitat Region to the during will continuation Planning require the progress and special of Environmental work. authorization of the Information permitted Manager from about work, the shall threatened work CDOT be in permitting the contacted or or the subject endangered Colorado immediately. office. area If shall Parks species any be and halted may Wildlife (CPW) website, rittp:Ifwww.cpw.state.co.usflearn/Paces/SOC-Threatened EndanaeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic (http:/fwww+v.histcrvcclorado.orq/oahp/file-searri Preservation (OAHP), Denver, to ascertain )b Inventory if historic or of the archaeological permit area resources by a qualified have cultural previously resources been identified specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation Regional of Permitting the permitted Office work and or are Region encountered Planning and as the Environmental project progresses, Manager all shall work in be the contacted subject immediately. area shall be Authorization halted and the must CDOT be provided RPEM. by Contact CDOT information: prior to the continuation Contact the of OAHP work. for Additional file searches guidance at (303) may 866-3395. be provided by the Regional Permitting Office and Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder (h ps:1/cumuseum.colorado.edu/research/paleontolp #vertebratesfpr! rwks), and the Denver Museum of Nature and Science (http://w+ w.Limns,orgiscience/collectionsfearth-science-collections/) to ascertain if paleontological resources have been previously identified recommendation CDOT must in Manager the Ned be Permit Regional in provided contact or Special near Permitting of information. by the CDOT. CDOT Provisions. permit Office If prior area! fossils Contact and to Contact the Inventory are Region the continuation encountered Information: CDOT of Planning the Paleontologist permit of during and work. See area the Environmental Additional the by permitted museum for further a qualified guidance work, Manager websites information paleontologist all may work shall listed be at in above picole.peavexastate.co.us be provided the contacted may subject for be by Paleontological necessary, the area immediately. Regional shall per be Permitting Collections the halted or Authorization (303) and 757- the Office 9632. T The COOT Paleontologist will not conduct a comprehensive file search independently of the museums. Hazardous Materials. Solid waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining of Regulations are generated permitted Designation no permitted facility to by (6 Solid the (a CCR landfills landfill activities or Waste 1007-3) designated permit). or Disposal of TSD prohibit entities collection The sites Sites Colorado the within entering and transfer, point the Facilities the Hazardous State (e.g., storage State for (6 Highway Highway solid CCR or Waste disposal waste, 1007-2), Right Right Act a (TSD) of utility C.RIS. of prohibit Way. Way of or 25-15-301 construction hazardous Therefore, must solid waste be et removed waste all disposal al, company's and solid from except or the without hazardous the Colorado at own permitted ROW an dumpster). approved wastes and Hazardous TSD disposed that If Certificate sites. Waste might of There at be a solid etc.) CDOT Hazardous is waste encountered Regional or Materials hazardous Permitting during Pno'ect materials the Office Maria performance for contamination direction er, '303;1 of 512-5524, as work, to (including the how permittee to or oil proceed, Andy or Flurkev, petroleum shall Contact halt (303) contaminated work Information: 512-5520, in the affected soil, Theresa asbestos, area and Santangelo-Dreiling, chemicals, immediately mine contact pre-existing tailings, CDOT the Asbestos Contalnirm Materials. Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the asbestos applicable -contaminated requirements soil, of must the CDPHE comply Air with Pollution the CDPHE Control Hazardous Division's Materials (APCD) Regulation and Waste Management 8. Disposal of ACM, Div'ision's and IH MWMD work 'done J Solid in Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation May '16 Waste authorization Info: CDPHE Regulations. is APCD being The requested, and application HMWMD Additional Regulations for any CDOT guidance can permit or be accessed must specifically requirements via the may CDPHE identify be specified Environmental any ACM in the involved permit Permitting in the special Website work provisions. for which listed Contact above. Additional information concerning clearance on CDOT presets is available from the COOT Asbestos Project Manager (303) 512- 5519, or TheresaSantangelo-Dreiling, Hazardous Materials Management Supervisor (303) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that hazardous authorized person is material by registered applicable must in be requirements, conformance properly classed, with or an exemption, the described, United States packaged, approval Department or marked, registration of labeled, Transportation has and been in regulations condition issued. Vehicles for at shipment 49 requiring CFR, as Part a required placard, 171. The or must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization Registration and (30 more 89-6748. info call the Colorado Federal Public Motor Utilities Safety Commission: Carrier Administration, (303) 894-2868. US DOT for inter- and infra -state HAZMAT Discharge of Dredged or Fill Material - 404 Permits Administered By the U.S. Army' Corps of Engineers. and Section 401 Water Quallty Certifications Issued by the CDPHE W CD - Corps of Engineers 404 permits are required for the discharge of line {(contact dredged nationwide would required. activities be information or required. fill permits, Contact (nwp materials the #12). If which above), an appropriate into individual Depending are waters issued Contact Corps of 404 upon the for the permit United activities the District CDPHE specific is States, required, Regulatory with Water relatively circumstances, including Quality section Office minor Control 401 wetlands. for impacts. it water information is Division possible quality There For at about that certification i303) are example, various either what 692-3500. there a type types "general" from of is the 404 of a 404 nationwide or CDPHE permit permits, "individual" may WQCD including permit be 404 is required for permit also utility Working on or in any stream or its bank di In order to protect and preserve the state's fish and wildlife resources from actions that may obtain solid 3) streams application, http://www.coloradodot.info/;programs/environ segments obstruct, blue a Senate having line as of diminish, Bill on streams wetlands per USGS guidelines 40 destroy, certification 7.5' supporting present quadrangle agreed change, within from 25% upon the 200 maps; or modify, more by Colorado yards mental/wi CDOT and/or or cover upstream vary and Department 2) Idlife/guidelines, a intermittent within natural CPW, or 100 downstream can existing yards of be Natural streams upstream accessed stream of Resources. providing the at or or project its downstream banks A live measured stream water or tributaries, beneficial of is the by defined valley project; it to as length. may 1) fish and/or be and represented necessary The wildlife; 4) segments CPW and/or to by a of Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from CDPS nttps://www.colorado.o+a construction Stormwater sites Permit. disturbing r�pa�ci Contact ic��cdphe one Information: acre ru-construgti+an-general-uerrriit or more - or Contact certain the types CDPHE of industrial Water and Quality nttps://colorado,govipacificicdpheiwa-commerce-and- facilities, Control such as Division concrete at (303) batch 692-3500. plants - requires Website: a ndust , ermits■ Construction Dewaterina Mitcham or Infiltration) and Remediation Activities - Discharges of water encountered during excavation Information:- 3500. For or A p work For lications in wet Construction and areas Instructions Dewatering may require CDPHE and a Construction Remediation website : htt Dewatering Activities :Jiwww.coiorado, or Discharge Remediation Permits, vi Activities acific/cd contact Discharge the Ow CDPHE -construction- Permit. WQCD Contact ertieral- at (303) 692- .- rm o,. . Municipal Separate Storm Sewer System (MS4) Discharge Permit - Discharges from the storm sewer systems of larger the municipalities, by facility municipality's httr~ the applicable ://www.colorado.govipacificicdpheiwgcc-requIations-and-policies-and-water-quality-statutes) CDPHE should and WQCD. contact MS4 provisions from permit. the the For municipality of All the CDOT facilities discharges Colorado highway that regarding lie to Water drainage within the stormwater CDOT Quality the system boundaries highway Control that related Act, drainage lies of clearances the within a municipality those system Water that Quality or municipalities, that may within is Control have subject the been Right Commission are to and an established of subject the MS4 Way (WQCC) CDOT to permit, (ROW) MS4 under ivIS4 the Permits must that Regulations Permit owner comply issued # of such with COS - 000005 (hi s://wwv.codot. aov/ 2ro crams/ nvirpnmentai/water-qua Ii tvidocurnents ). Discharges are subject to inspection by CDOT and MS4 CDPHE. Permits Contact the or o to httrisliwww4coloradomovo` CDPHE Water Quality Control _ cifi Division he ° q at -rnu (303) n ici 692-3500 i-ms4- emits. for a listing of municipalities required to obtain General Prohibition I- Discha s. -All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado automotive (303j 692-3500. Discharge fluids, solvents, Permit oils Regulations, or soaps Prohibited and sediment. discharges Contact include, Information: but are not Contact limited to, the CDPHE substances Water such Quality as wash Control water, Division paint, at General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by COOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System pemnit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm uncontaminated activities, sewers, Allowable discharges springs, footing non-stormwater from potable drains, water water discharges sources, line flushing, can be foundation flows found at drains, from htkps://www.,codot.gov/propramsienvironmentaliwater- riparian air conditioning habitats and condensation, wetlands, irrigation and flow from water, firefighting ualit /aIossa .html. Contact Information: The CDPHE Water Quality Control Division (telephone #15 listed above) . Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements taken will require and erosion may be specified in order a 623. controls be obtained stabilization In any to in minimize case, and from that to plan, the the permit. restore erosion native CDOT Bid In disturbed Plans those situations and sedimentation seeding Erosion vegetation. Office or Control at landscape (303) where and 757-9313 according Stormwater Contact design a stormwater Information: or to plan CDOT Quality from: according htt...ps:I/ww.codot,gou/prod permit Standard is Guide The not to applicable (most CDOT required, Specifications recent Erosion all CDOT version) reasonable Control 10725 au Standard i is/envir should and and measures Stormwater onmentalilands Specifications 208. be used All should disturbances to design Quality 212-217 tpe- be Guide rch itecture/e resion-storm-c pia l t . Environmental Clearances Information Summary Page 2of3 Colorado Department of Transportation May '16 "discharges' Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as or "solid wastes," and in general, should facilities be pumped or vacuumed from the construction area, removed from the State Highway Right of sewers, Waste separated required the area Contact Way, solids restored regulations. and roadside for CDPHE are from disposed proper fully fluids as ditches contained required (telephone Small drilling or of after at or quantities properties, by permitted any In Ws infiltration CDOT listed other a pit, of and permit type drilling small above). of the are that of man-made fluid quantities not requirements water, likely specifically solids provided: of to polymer (Utility, or (less pose natural accept than 1) the additives a nuisance Special waterway 1 such cubic drilling to Use, wastes. that yard fluid future is or are prohibited of consists Access solids) approved Disposal work in Permits, by may of the only of Water for drilling be area, water use etc.). left Quality on in 3) fluids and drinking the -site Contact into Control bentonite solids after storm water are Information: either and/or clay, well covered drains, being drilling; Solid or, if and storm 2) the Noxious Weeds and Invasive Species Management Plan — Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (httcs,//w rw.Colorado.cov/pacific/auconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (ittwiicow.state.co.us/aboutus/Pages/RS-NoxiousWeeds.asp$). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of Environmental find additional 50 information feet Program from and state on shall the waters, CDOT be drainageways, in inageways, accordance website: https;//www.codot.gov/busines and to CDOT inlets. Concrete specifications washout and guidelines. °designsuppor₹/2O11- shall only Contact be performed Information: nstruction- as specified Contact by the CDPHE COOT or pecifcati ons/2011-Specs and refer to the seecifications and their revisions for sections 101, 107 and 208. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain Permitting exceeding be reported or buried. Office 25 gallons, to All the and spills CDPHE Regional or shall that at 1-877-518-5608. be may reported Maintenance otherwise to the Supervisor. present More COOT an information Illicit immediate Spills Discharge on can highways, danger Hotline be to found into the at at (303) waterways, public tittos:hvww.coioracio,govipaciticitdEcyr 5124446 shall any be reported (4H20), spill in the by as calling well highway as the right-of-way 911, and Regional shall also ,Tout This form - Questions or comments about this Information Summary may be directed to Alex Karami, Program Administrator, COOT Access Management Unit, at (303 757-9841, alex.kara m i ; state.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation May "16 44 w O 0 ct tit t ft); 0 g u Gt: O C 0 § Et 11 Et E S O1 im p• c 6 „sea is as ett 0 a a ., MONO leen Iv a tis eti 4,uv, 4b in �r 4-1 ori •i .1 ■4) U 4.4 LA re atemi a C ,ow '- re E o S Cso i 4- 4 AI) m tt u C C 2 E tV IA 0 et 471 0 N C C Q 3 (5 4.4 apk 4.4 W E a, it roi U, E U- -c iro tat Pal 43 C re C 0, E 4 1 Pr 1,01 n E tip ,C t' g, C E 0 al It 42 PO in ia X 0 8 E in 0 ris en e dJ a act" c C 41) 4t AC la 0 (5UJ cv 3 Cr to /�,,,, mac�++ 6., .�. Mt dr It' 4a yto i .Y 43 gee a) ra i- E .0 E .� 3 c� C3 4 - in eristics of the discharge (color, odor, a 44 ago C Yero 411 O r•, c 43) O :115 i et CID .C u Clams.* VI Semi C 42) dal tom to E .0 0 9- 0 4--# 3 E L. 0 mo boa 0.6 Ge sc R.+ .` 0.0 43O. -4 U . as cu ra r�r E a. 2 0. 0. C 0 Li U Ts tin `o:E L as g 0 0 in C 0 tali 0 43% o EC t; O CU = C E ua C 41 CU i 0 f - ,£ 0 co P. 0 Sc 4.4 VS La Yf EC 45 V It-- ita .M 4, tic a St grit te iy 0 U O r74. we 0 E L 4-5 e� � I 14 In Sir 0 4,3 4-4 et4 tri Ion ten 42-4 :6.7 g, 1/20 0 In U d 0 C ci E rc 0 E 0 LL .c q 4.0 t S 0 441 1, A giC Q. iv un C) C 0 C� https:; /www.cad ot. m to 0 (11 t4.0 04, 0 C jE 16 4 0 CS 13,1 E C 0 0 bp col ;tat t9ift WIMP 7!7! Oh 0. fa 41,1 AN O to C .' u LLI r+l i daCi 0 tta 2 ca 165 4-1 eu 0 Cu DO .C 0 r 0 0 co A0 C C- If 2 0. 4201 E. Arkansas Ave. tuD CO eu E kin CS tO 0 bG 0 2 4.4 its �1Y riJ 0 CO L 0 U C C a 113 0) -4J a SSW CMS ailmr *97 a 'ti C CLJ rt0 FE t1 tie -a GIB .75 OA CO Cii -a a) l L z U) a cr C) 4-1 3 303-757-9343 cc o w,e ot mni t 21 t) A E� COLORADO ■ i m U - 1W fign C C CD CD Zits Educate and outreach to owners r4 o 0 amti fa 171:3 i 44.0 sz :Y• 45 41 I- 0 C 0 rtinr E o co cp est-.— C fj PIS UNP Cini Q O. sg‘u gia 467.4 IMF ai g. L. tot 411 2 C dpsi O I.% for Industria C aC on Co gin +., U t.,, . cm .P; LL 7 C) Des O 0 4.1 co E C ■ aCso C C, t0 Q ■ Zig rw.r 0" re C a to EC In r concerns. Provide written 0 i.— Se s a t� te c E 40 ra no m Q o E 4,41 C a w 44 U C C WI CV 3d ,e ;E apei'l. p u� at at at ate r� (�E t 46 tA .2 4.1 sera C 0 2 CL E discovery to CDPHE. Submit an annual report to CDPHE containing the number of Eai cu •- 0 -0 mci C} C= a- L.7 ac 4 in c4.0 — 401 la0 C LP +Fa U E C c 2 g E c.0 40 tu su i bb E a. O s.. 2 0 U 2 0 4.4 u fa id to p E aJ so act ro S.F - CU rc Zr so Q informational brochures distributed; name and title of each gpauteJ; lenP!A!Pu! wolkWSZP There are instances when a utility Cie PS= a�fio 0 PIM mg i JO state highway right-of-way will require some type of environmental permit or clearance for that work CDOT has put Clearances together an Environmenta nformation Summary for those applying sEi f W W •_ rU vat n C a 0 Z. & all vow vt la 0- 4) 0 0 U V 0 T is Cigt V 4a to 4,i 11, C 4) E C 0 0 C . 0 0 C 0 r to cNi Tor E . LLI to 4.0 twcs E vat thisr !J COLOR ADO Department of Transportation Office of the Executive DirecLot 4201 East Arkansas Ave Suite 262. Denver, CO 80222 RELEASE MEMORANDUM To: All CDOT Employees From: Sheen P. Bhatt, Executive Director Re: Updated Procedural Directive 605.1 "ADA Accessibility Requirements in CDOT Transportation Projects" Date: April 10, 2017 I. Name of Updated Procedural Directive: PD 605.1 "ADA Accessibility Requirements in CDOT Transportation Projects" 2. Date of Directive Superseded: July 30, 2012 3. Executive Summary: PD 605.1 has been updated to reflect CDOT's T's decision to adopt PR AG (Proposed Right -of -Way Accessibility Guidelines) standards for curb ramps. Detaild requirements for ADA accessibility requirements have been removed and now reside in the updated CDOT ADA Transition Plan, which should be read in conjunction with. updated PD 605.1. Updated PD 605.1 also provides the following: • An explanation on the difference between Maintenance Treatments and Alteration; The responsibilities of various levels of employees involved in the ADA program, including newly defined responsibilities of the Project Manager, Project Engineer, Resident Engineer, and Program Engineer; Updates to the section on local agency agreement projects; and That with regard to Maintenance Treatment Projects, the Maintenance Superintendents or Traffic Engineers shall consult with the ADA Coordinator in the Civil Rights and Business Resource Center to determine whether a Project that could be categorized as an Alteration is included in the 5 year (FY 017-2022) ADA Curb Ramp Program initiative. 4. Effective Date: March 31, 2017 5. Office to Contact with Questions: Civil Rights and Business Resource Center 4201 E. Arkansas Aye, Suite 262, Denver, CO 80222 P 303.757.9201 F 303.757.9656 vtiww.cadet,gov COLORADO DEPARTMENT OF TRANSPORTATION ■ POLICY DIRECTIVE X PROCEDURAL DIRECTIVE Subject ADA Accessibility Re Effective 03/31/2017 L PURPOSE Supersedes uirernenrs inCDOT Transportation Projects Originating Office 07/30/2012 Number 6115a 1 Civil Rights and Business Resource Center/ Division of Project support, Standards & Specifications Unit To ensure that Transportation Facilities, Building Facilities, rest areas, and other services of the Colorado Department of Transportation (the "Department" or "COOT") are accessible to persons with disabilities in accordance with governing federal regulations set forth below. IL AUTHORITY Policy Directive 605.0 Comprehensive Accessibility for Persons with Disabilities Executive Director pursuant to § 43-1-105, C.R.S. The Rehabilitation Act of 1973, 29 U.S.C. § 701 (1973), as amended The Americans with Disabilities Act of 1990, Title I1, 42 i,.U. . . 12101, et seq. (1990) (hereinafter "ADA"), as amended; 28 FR 35 Subpart B Public Rights -of -Way Accessibility Guidelines (hereinafter "PROWAG"), proposed by the U.S. Access Board (available or +e at https:// w. access-bo .gov/guidelines-and-stan r l tree ts- sid aik pubiic rights of wa ) 49 C.F.R. 27 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefitting From Federal Financial Assistance) FHWA's Memorandum Clarification of FHWA's Oversight Role in Accessibility dated September 12, 2006 43-2-135, CRS. 43-2-107, CADS. I* APPLICABILITY This Procedural Directive applies to all divisions, branches, regions and offices of CDOT and any entity that receives funding from CDOT for all Transportation Facilities, Building Facilities, other services, and all local agency projects that intersect with Colorado State Highways and interstates regardless of the funding source. Page 1 of Subject ADA Accessibility Requirements in CDOT Transportation Projects IV. DEFINITIONS Number 605.1 "Accessibility Feature" shall mean the ADA-compliant features available in the CDOT M S Standard Plans. The Project Manager must select the most appropriate plan design for the specific location of the Transportation Project from these options. "Alteration" for the purpose of this Procedural Directive is a change that affects or could affect the usability of all or part of a building or a facility. Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effort. See Appendix A. and B (FHWA Technical Assistance Memorandum). "Bui.lding Facility" shall mean any building which a member of the public may be expected to enter. "FHWA" shall mean the Federal Highway Administration. "Maintenance Treatment" for the purpose of this Procedural Directive means a treatment that serves solely to seal and protect the mad surface, improve friction, and control, splash and spray because they do not sign ifiaantly affect the public's access to or usability of the mad. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface seating, chip seals, slum seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar relics fit, spot high -friction treatments, diamond grinding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. See Appendix A and B (FNWA Technical Assistance Memorandum). "Off System" shall mean any intersection that is not on a state highway ay or does not intersect with h a state highway. "On System" shall mean any intersection that is on or intersects with a state highway or interstate. "Tech Bally infeasible" shall mean when constructing a new Transportation Facility or altering an existing Transportation Facility, CDOT or a local agency shall consider what Accessibility Features must be included within the scope of the project. Whether an Accessibilit ► Feature is Technically Infeasible depends on if there is little likelihood of it being accomplished because existing structural conditions would require removing or altering a load -bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the mininumt requirements, if a determination has been made that an Accessibility Feature is Technically Infeasible, then CDOT or the local agency is required to construct the Accessibility Feature to the maximum extent practicable. The Project Manager, Project Engineer, Resident Engineer, and Program Engineer shall follow the procedure set forth in Section V of this Procedural Directive regarding Design Exception Variance Request Pont #464 and the Curb Ramp Variance Support Document "Transportation Facility" shall mean, but may not be limited to, a highway or other roadway, contiguous or detached walkway, shared use pedestrian/bicycle path, sidewalk, curb ramp, street, underpass, overpass, compacted pathway or other enhancement project. Page 2 of 9 Subject ADA Accessibility Requirements in CDOT Trans p rtation Projects Number 605.1 "Transportation project" or "Project" shall mean, but is not limited to, any CDOT or local agency project involving a highway or other roadway, contiguous or detached walkway, shared use pedesuianibicycle path, sidewalk, curb ramp, street, underpass, overpass, compacted pathway or other enhancement project. V. PROCEDURES A. Adoption of Public Rights -of -Way Accessibility Guidelines("PROWAG") CDOT has determined to adopt PRO AG standards regarding curb ramps, proposed by the U.S. Access Board. B. ADA Transition Plan This Procedural Directive shall be read in conjunction with the CDOT ADA Transition Plan, which contains farther requirements for compliance with ADA standards. C. Alteration versus Maintenance Treatment on a Transportation Facility ADA requires state and local governments to provide accessible routes in the public right-of-way. When streets, roadways, or highways are altered, state and local governments must provide curb ramps or street level pedestrian walkways cross curbs. Maintenance Treatments that are considered to be maintenance rather than an Alteration are exempt from the requirement to install curb ramps. See defmitions above for Alteration and Maintenance Treatment, and also Appendix A for clarification on addressing curb ramps. D. New Construction of or Alteration to a Building Facility or Portion Thereof Any entity that receives funding from CDOT for any new construction or alteration to a Building Facility (Le., a local agency, a private nonprofit corporation, or a private contractor) must include Accessibility Features required by the authorities set forth. herein. When applying these requirements, the engineer or other responsible person shall follow the applicable CDOT guidance. E. Disproportionality The disproportionality exception set forth in 28 ..F.R. 35.151(b)(4)(iii)(A) does not apply to Transportation Projects. This section states that "alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty percent of the cost of the alteration to the primary function area." However, the dispropottionality exception applies to Building Facilities. F. Right -of -Way Acquisition light-ofrWay acquisition in general does not qualify as Technically Infeasible, as defined in this Procedural Directive. Right -of -Way shall be purchased if needed to make a ramp compliant. Case - Page 3 of 9 Subject ADA Accessibility Requirements ents in CDOT Transportation Projects Number 605.1 by -case situations a be escalated to the Region Transportation Director who may consult with the Civil Rights and Business Resource Center for clarification and/or assistance. . Right -of -Way, Utility and Access Permits AU right-of-way, access and utility permits shall be issued on the condition that the Permiftee complies with the requirements of this Procedural Directive 605.1 and the applicable authorities set forth therein. IL Responsibilities 1. CDOT Civil Rights and Business Resources Center ("CRBRC") The CRBRC shall be responsible for the following: a) In conjunction with the Federal Highway Administration (FHWA), Federal Transit Authority, and Federal Aviation Administration, interpreting the relevant federal ADA regulations for inclusion of requirements within the design and construction of CDOT Transportation Projects and Building Facilities. b) Upon request of a CDOT Project Manager or Project Engineer, reviewing project sites and project plans to identify where specific ADA rere€nents must be implemented. c) In conjunction with the Division ofProject ect Support, coordinating ADA-related training for CDOT engineers and other appropriate staff, including appropriate written materials. d) As needed, reviewing design exceptions with the Project Manager, Project Engineer, and Resident Engineer. e) Making random evaluations ofproj eet designs, projects under construction, and/or completed projects.. f) Developing and overseeing the process for data collection and management related to the ADA requirements set forth in this Procedural Directive and the CDOT ADA Transition. Plan. 2 Division of Project Support. The Division of Project Support shall be responsible for the following: i a) Developing and disseminating the current version of the CDOT M S Standard Plans and bulletins that serve as guidance for CDOT engineers and other appropriate staff. b) As needed, reviewing design exceptions with the Project Manager, Project Engineer, and Resident Engineer. c) Working with the CRBRC in developing and presenting ADA-related training for Page 4 of 9 Subject ADA Accessibility Requirements in CDOT Transportation Projects CDOT engineers and other appropriate staff. Number 605.1 3. Project Manager (Design) I Project Engineer (Construction). The Project Manager I Project Engineer shall be responsible for the following: a) Evaluating each project through the project development and project sopping processes to determine which Accessibility Features are required, and adhering to the budget set forth by the Resident Engineer and Program Engineer, b) Incorporating ADA requirements into the design and construction of Transportation Projects, referring to CDOT plan details contained in the current version of the CDOT I &S Stemdard Plans, or by contacting the CDOT ADA Coordinator for guidance in situations where there is uncertainty of requirements, c) Preparing the Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document for situations where curb ramps or other Accessibility Features cannot be installed without a significant deviation from the current CDOT S Standard Plans. d) Reviewing Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document with the Resident Engineer to seek approval from the Program Engineer, e) Providing documentation to the project file and to CRBRC that demonstrates compliance with all authorities set forth herein. 0 Monitoring that the local agency completes the specified project(s) in accordance with this Procedural Directive and the authority set forth herein . g) Confirming that the design complies with all requirements of this Procedural Directive and the authorities cited herein. h) Submitting the signed Design Exception Variance Form #464 and Curb Ramp Variance Support Document to the CRBRC, 4. Resident Engineer. The Resident Engineer shall be responsible for the following: a) Determining the appropriate budget for required Accessibility Features by evaluating each project through the project development and project scoping processes. b) Providing guidance and consultation to the Project Manager or Project Engineer related to the Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document to request approval from the Program Engineer. c) Confirming that the design complies with all requirements of this Procedural Directive and the authorities cited herein. Page 5 of 9 Sublet( Number ADA Accessibility Requirements in CDOT Transportation Fra j Bets 605.1 d) Ensuring the local agency completes the specified project(s) in accordance with this Procedural Directive and the authority set forth herein, and not accepting the project at final project inspection until all such requirements have been met. . Program Engineer. The Program Engjneer shall be responsible for the following: a) Approving or denying Design. Exception Variance Request Form #464 and Curb Ramp Variance Support Document, including the budget associated with. the Accessibility Feature. b) Confrming that the design complies with all requirements of this Procedural Directive and the authorities cited herein. 6 Maintenance Treatment Projects. With regard to Maintenance Treatment Projects, the Maintenance Superintendents or Traffic Engineers shall consult with the ADA Coordinator to determine whether a Project that could be categorized as an Alteration is included in the 5 year (F 2017 2022) ADA Curb Ramp Program initiative. 7 Local Agency Agreement Projects. CDOT personnel who work on local agency agreement projects shall ensure the local agencies comply with these requirements below. a) For new construction, reconstruction, major rehabilitation, widening, and projects of similar scale and effect, including Safe Routes to School Prpgram projects, projects in public parks, or projects that are not adjacent to a state highway, or other Transportation Projects which impact pedestrian facilities, the local agency must address Accessibility Features required by the authorities set forth herein. b) Under the provision of 28 CFR § 3 . 130(b)(1)(v), CDOT is prohibited from providing significant assistance to any local agency that does not fulfill the requirements of Title II of the ADA. c) In practice, BIWA interprets 28 CFR 35.1300) as a requirement that CDOT obtain an assurance of compliance from the local agency stating that the local agency will meet all applicable ADA requirements, CDOT shall enforce the local agency's assurance of compliance. d) The agreement between CDOT and any local agency regarding the Transportation Project shall contain language clearly stating that the local agency shall comply with all applicable ADA requirements referenced in this Procedural Directive 605.1 and the CDOT ADA Transition Plan. e) Appropriate COOT staff on each project will ensure that the local agency designs the project(s) specified in the agreement according to the requirements of Procedural Directive 605.1 and the authority set forth therein. Page 6 of 9 Subject ADA Accessibility Requirements in CDOT Transportation Projects Number 605.1 f) In the course of completing Accessibility Features, the local agency WILL evaluate the areas adjacent to the newly -installed or retrofitted curb ramp and take reasonable steps to relocate sign or other obstacles when it is within the local agency's authority to do so. g) Local Agencies must meet or exceed PROWAG design and construction standards for curb ramps. If the Transportation Facility is Off System, CDOT may permit the local agency to utilize its own alternative specifications regarding curb ramps, detectible warning, and other accessibility designs provided it complies with either the PROWAG guidelines or the most current Americans with Disabilities Act Accessibility Guidelines (ADAAG). If the Transportation Facility is On System, the local agency must utilize CDOT's specifications for the intersection or intersections On System; however, the Local Agency may be granted the opportimity to utilize alternate specifications if it can demonstrate that the Department of Justice concurs with the Local Agency's alternate specifications, and CDOT approves the suitability of the alternate specifications. In order to seek approval, the Local Agency must comply with the following: . (1) Submit the alternate specification proposal concurrently to the CDOT Project ect Manager, Project Engineer, the Civil Rights and Business Resources Center, and Standards and Specifications Unit, (2) Include documentation establishing why the local agency cannot meet the specific ADA requirement. (3) Seek approval from the CDOT Project Manager, Project Engineer, the Civil Rights and Business Resource Center, and the Standards and Specifications Unit who shall jointly accept or deny the alternate specifications or may provide alternative options to meet the requirements of the applicable federal regulations and this Procedural Directive 605.1 to the maximum extent technically feasible. h) CDOT shall not disburse final payment to the Local Agency until the Local Agency has complied with the requirements of this Procedural Directive with regard to the completion of a Transportation Project. W. FISCAL IMPACT A. CDOT will fund and complete required Accessibility Features using funds allotted to the project. B. In the circumstance where a specific Transportation Project requires the purchase of right-ofsway, an additional fiscal impact may result. Regardless of the fiscal impact, under current federal regulations, the right-of-way required to meet the requirements of this Procedural Directive must be acquired, VII. DOCUMENTS REFERENCED Curb Ramp Variance Support Document (available on the CRBRC website) Design Exception Variance Form #464 Pagel of 9 i Sublet' ADA Accessibility Requirements in CDOT Transportation Projects Nub 605.1 Public Rights -of -Way Accessibility Guidelilies ('PRO WA "), available online at littps://www.access. bo .gov/guidci cs-and-s streets sidewaypublic rights-ofa ay Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing (2013) ("FHWA Technical Assistance Memorandum"), ►"), attached hereto as Appendix B. Glossary of Terms for DOVFHWA Joint Technical Assistance on the ADA Title II Requirements to Provide Curb Ramps 'When Streets Roads or Highways are Altered Through Resurfacing (2013), attached hereto as Appendix C. CDOT ADA Transition Plan, available online at littps://www.codotegovibusinessicivihightsiaccessibilitylada VII.. IMPLEMENTATION PLAN A. This Procedural Directive shall become effective upon signature by the Executive Director. B. The Office of Policy and Government Relations shall post this Procedural Directive on DOT's internal website as well as on the CDOT Public Annotmcements. C. This Procedural Directive shall be implemented by the Civil Rights and Business Resources Center and the Division of Project Support, with the assistance of the Standards & Specifications Unit. D. The Civil Rights and Business Resources Center and the Division of Project Support, Standards Specifications Unit, shall ensure within thirty (30) days that all CDOT divisions, branches, regions, and offices are aware of the Procedural Directive. IX. REW DATE This Procedural Directive will be reviewed on or before February 2022. 3/51 ill Shaffer! F. Blatt Date of Approval Executive Director Page 3 of 9 Sub# ADA Accessibility Requirements in CDOT Transportation Projects Appendix A lOb tamed from FHVVA] Pavement Treatment Types (Ma(ntenanc vs, Alteration) AINTENANCE ChJp Seal j* latrEn Seals Crack Filling arid Sealbw Joitit btaticavistsi Slurry Seals Diamond Grinding ing Ku ember 605.1 Joint repairs / P t High —Friction Treatments r Dowel Bin Retrofit Pavement Patching / Surface Sealing wiss vs— "raw .1.4 taglatian upararr r _. at -w Page 9 of 9 Appendix B U.S. Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 2O2 36& 4000 Low s' Civil Rights Civil Rights U.S. Department of Justice tiwl Civil Rights Division Disability Rights Section U.S. Department of Transportation Federal Highway Administration Department of Justice/Department of anspo r ation Joint Technical Assistance1 on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing Title II of the Americans with Disabilities Act (ADA) requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right of way. An important part of this requirement is the obligation whenever streets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs.2 This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities. An alteration is a change that affects or could affect the usability of all or part of a building or facilityA. Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and efect.i Maintenance acdv lties on streets, roads, or highways, such as filling potholes, are not alterations. Without curb ramps, sidewalk travel in urban areas can be dangerous, difficult, or even impossible for people who use wheelchairs, scooters, and other mobility devices. Curb ramps allow people with mobility disabilities to gain access to the sidewalks and to pass through center islands in streets. Otherwise, these individuals are forced to travel in streets and roadways and are put in danger or are prevented from reaching their destination; some people with disabilities may simply choose not to take this risk and will not venture out of their homes or communities. Because resurfacing of streets constitutes an alteration under the ADA, it triggers the obligation to provide curb ramps where pedestrian walkways intersect the resurfaced streets. See Kinney v. Yerusali m, 9 F 3d 1067 (3rd C ir. 1993). This obligation has been discussed in a variety of technical assistance materials published by the Department of Justice beginning in 19946 Over the past few years, state and local governments have sought further guidance on the scope of the alterations requirement with respect to the provision of curb ramps when streets, roads or highways are being resurfaced. These questions have arisen largely due to the development of a variety of road surface treatments other than traditional road resurfacing, which generally involved the addition of a new layer of asphalt. Public entities have asked the Department of Transportation and the Department of Justice to clarify whether particular road surface treatments fall within the ADA definition of alterations, or whether they should be considered maintenance that would not trigger the obligation to provide curb ramps. This Joint Technical Assistance addresses some of those questions. Where must curb ramps be provided? Generally, curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curb. Curb ramps must be located to ensure a person with a mobility disability can travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk on the other side of the street. However, the ADA does not require installation of ramps or curb ramps in the absence of a pedestrian walkway with a prepared surface for pedestrian use. Nor are curb ramps required in the absence of a curb, elevation, or other barrier between the street and the walkway. When is resurfacing considered to be an alteration? Resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Examples include, but are not limited to the following treatments or their equivalents: addition of a new layer of asphalt, reconstruction, concrete pavement rehabilitation and reconstruction, open -graded surface course, micro -surfacing and thin lift overlays, cape seals, and in -place asphalt recycling. What kinds of treatments constitute maintenance rather than an alteration? Treatments that serve solely to seal and protect the road surface, improve friction, and control splash and spray are considered to be maintenance because they do not significantly affect the public's access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retrofit, spot high -friction treatments, diamond grinding, and pavement patching~ In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. What if a locality is not resurfacing an entire block, but is resurfacing a crosswalk by itself? Crosswalks constitute distinct elements of the right-of-way intended to facilitate pedestrian traffic. Regardless of whether there is garb -to -curb resurfacing of the street or roadway in general, resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk. • 1,• -lam 6 • Ina r.Slrei V •w 3 The Department of Justice is the federal agency with responsibility for issuing regulations implementing the requirements of title II of the ADA and for coordinating federal agency compliance activities with respect to those requirements. Title II applies to the programs and activities of state and local governmental entities. The Department of Justice and the Department of Transportation share responsibility for enforcing the requirements of title II of the ADA with respect to the public right of way, including streets, roads, and highways. See 28 CFR 35.151(I)(1) (Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway) and 35,151(iX2) (Newly constructed or altered suet level pedestrian walkways must contain curb ramps or other sloped areas at intersections to stets, roads, or highways). 128 CFR 35.151(b)(1). 2010 ADA Accessibility Standards, section 106.$. a See 1994 Title I'l Technical Assistance Manual Supplement, Title lI TA Guidance: The ADA and City Governments: Common problems; and ADA Best Practices Tool Kit for State and Local Governments: Chapter 6, Curb Ramps and Pedestrian Crossings under Title II of the ADA, available at a :soy. Page last fied on June 28, 2013. Appendix U.S. Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 202-3664000 Slrf1W11ee-7 Civil Rights Civil, Rights Glossary of Terms for DOJ/FHWA Joint Technical Assistance on the ADA Title II Requirements to Provide Curb Ramps When Streets Roads or Highways are Altered Through Resurfacing This glossary is intended to help readers understand certain road treatments referenced on page 2 of the DOJIFHWA Joint Technical Assistance on the ADA Title II Requirements to Provide Curb Ramps When Streets Roads or Highways are Altered Through Resurfacing. The definitions explain the meaning of these terms from, an engineering perspective and are provided in the order in which they appear in the Technical Assistance document. Treatments that are considered alterations of the road surface Reconstruction — Reconstruction refers to removing all or a significant portion of the pavement material and replacing it with new or recycled materials. This may include fu l I depth reclamation, where the pavement surface is demolished in place and new pavement surface is applied. In addition, reconstruction may also include grinding up a portion of the pavement surface,includes it and placing itback, and then adding a wearing surface, such as in cold in -place asphalt recycling. Reconstruction often widening or geometrical changes to the roadway profile. Rehabilitation — Rehabilitation refers to significant repairs made to a road or highway surface, including activities such as full slab replacement, filling voids under slabs slabjacking), widening, and adding additional structural capacity. Open -graded surface course Open -graded surface course, also known as "open -graded friction course," involves a pavement surface course that consists of a high -void, asphalt concrete mix that permits rapid drainage of rainwater through thecourse and off the shoulder of the road. The mixture consists of either Polymer - modified or rubber -modified asphalt binder, a large percentage of oneasized coarse aggregate, and a small amount of fibers. This treatment prevents tires from hydroplaning and provides a ski€i-resistant pavement surface with significant noise reduction. l icrosurfacing icrosurfacing involves spreading a properly proportioned mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, on a paved surface. Icrosurfacing differs from slurry seal in that it can he used on high volume roadways to correct wheel path rutting and provide a skid resistant pavement surface. Thin lift overlays a Thin lit overlays are thin applications of mixtures of hot mix asphalt. Thin lift overlays may also require some milling along curbs, manholes, existing curb cuts, or other road structures to assure proper drainage and cross slopes. Cape seal , A cape seal is a thin surface treatment constructed by applying a slurry seal or micros urfacing to a newly constructed chip seal. It is designed to be an integrated system where the primary purpose of the slurry is to fill voids in the chip seal. In -place asphalt recycling a in -place asphalt recycling is a process of heating and removing around 162 inches of existing asphalt and remixing the asphalt with the addition of a binder additive and possible aggregate to restore the wearing surface for placement and compaction. All of this is performed in a train of equipment. Treatments that are considered maintenance of the road surface Crack filling and sealing — Crack filling and sealing involves placing elastomeric material directly into cracks in pavement. Surface sealing Surface sealing involves applying liquid sealant to pavement surface in order to stop water penetration and/or reduce oxidation of asphalt products. Sand is sometimes spread over liquid to absorb excess material. Chip seals — Chip Seats involve placing graded stone (chips) on liquid emulsified asphalt sprayed on pavement surface. The surface is roiled to enable seating of chips. Slurry seal — Slurry seals involve spraying a mixture of slow setting emulsified asphalt, well graded fine aggregate, mineral filter, and water on the pavement surface. It is used to f i 11 cracks and seal areas of old pavements, to restore a uniform surface texture, to seal the surface to prevent mo l stu re and air intrusion into the pavement, and to improve skid resistance. Fog seals — Fog seals are a type of surface sealing. Scrub sealing — Scrub sealing is type of surface sealing Joint crack seals — Joint crack seals are usually associated with concrete pavement. This work consists of routing and cleaning existing cracks and joints and resealing to prevent water and non-coinpressibles from entering into the pavement joints and subgrade materials. Joint repairs — Joint repairs are usually associated with concrete pavement. This work consists of selectively repairing portions of the pavement where the slabs are generally in good condition, but corners or joints are broken. The depth of the patch could be full depth or partial depth. Dowel retrofit — Dowel retrofits are usually associated with concrete pavement. This work involves the installation of dowel bars connecting slabs in existing pavements. Pavement with dowel bar retrofits can have life extensions of as much as 20 years. Its application is almost exclusively on high-speed Interstate highways. Spot high -friction treatments -- Spot high -friction treatments involve using epoxy based resin liquids as a binder for an aggregate with high -friction properties. These are used in locations where drivers are frequently braking and the pavement surface has less resistance to slipping. Diamond grinding — Diamond grinding involves using a gang saw to cut grooves in the pavement surface to restore smoothness and eliminate any joint faulting. Pavement patching Pavement patching involves selectively repairing portions of the pavement where the slabs are generally in good condition, but corners or joints are broken. The depth of the patch could be full depth or partial depth. Page ]apt modified on February 3, 2013. State Highway Access Permit Attachment to Permit No. 417131 Additional Terms and Conditions 1 1. If there are any questions regarding this permit, please contact Tim Bilobran b ra n at 970-350-2163. 2. The Pe rr itte a shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (COOT Form No. 137) Permit (CDOT Form No. 101) and its attachments Exhibits: "A" — Access Plaits (to be filed with the Notice to Proceed) "B" — Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Pe rm ittee . This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to be applied for based upon the existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard specifications for Road and Bridge Construction (current edition) . 6. If necessary, minor changes, corrections, and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plan must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right -of -war shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations — including, but not limited to, the applicable sections of 29 CFR Part 1910 — Occupational Safety and Health Standards and 29 CRF Part 1926 —Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection that complies with the ANSI Z89.1-1997 standard; • At all construction sites or whenever there is danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn • High visibility apparel as specified in the Traffic Control provision of this permit (at such a minimum ANSI/ISEA 107-1999, Class 2) Where any of the above referenced ANSI standards have been revised, the most recent version of the standard shall apply, 74 This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The pe rrn ittee shall State Highway Access Permit Attachment to Permit No. 417131- Additional Terms and Conditions 2 promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. The Department retains the right to perform any necessary maintenance work in this area 9. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 10. The Permittee is responsible for obtaining any necessary additional federal, state, and/or city/county permits or clearances required for construction of the access, Approval of this access permit does not constitute verification of this action by the Permittee. 11. All costs associated with the installation of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. No work will be allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 13. Traffic detours or lane closures will not be allowed, unless pre -approved by the Department. 14. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 15. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 16. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited, All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the rightµof-way shall be considered a violation of the terms and conditions of the access permit and may result in revocation of the permit by the Department and/or the issuing authority. 17. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department, The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards, 18. The State requires a Certificate of Insurance prior to commencing any work on the State Highway right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors, and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the following minimum insurance coverages: State Highway Access Permit Attachment to Permit No. 417131- Additional Terms and Conditions 3 A. Standard workman's compensation and employer's liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State Statutes. B. Comprehensive general liability in the amount of $600,000 combined single limit bodily injury and property damage, each occurrence and $2,000,000 annual aggregate. C. Automobile liability in the amount of $600,000 combined single limit bodily injury and property damage, for each accident. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit and be available on the site during construction. 19. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway shall be in accordance with the following Department standard references as applicable. A. State Highway Access Code, 2 CCR6O1-1 B. Roadway Design Manual C. Materials Manual D. Construction Manual E. Standard Specifications for Road and Bridge Construction, latest edition F. Standard Plans (M&S Standards) G. Manual on Uniform Traffic Control Devices (MJU.TIC.D.) for Streets and Highways and the Colorado Supplement thereto H. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition I. AASHTO Roadside Design Guide J. Institute of Transportation Engineer's Trip Generation Manual, 6th Edition Some of the reference materials listed above (A through E) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, CO 80222-3400 (303) 757-9313 The State Highway Access Code may be purchased from; The Public Records Corporation 1666 Lafayette Street Po Box 18186 Denver, CO 802 18 (303) 832-8262 The website address is: www.cdot.gov 20. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. Of discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's State Highway Access Permit Attachment to Permit No. 417131 - Additional Terms and Conditions 4 design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department, through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 21. Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 350-2173 immediately upon damage to or discovery of such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 22. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, artifacts, (pottery, stone tools/ arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector. 23, The Permittee or the contractor shall notify Bruce Barnett at (970) 350-2147 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit. 24. The access shall be constructed and maintained as per Exhibit "A" (to be filed with the Notice to Proceed). 25 Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 26. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet, 27. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 28. All required access improvements shall be installed prior to the herein authorized use of this access. 29. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 30. Surfacing of the access shall be completed as per Exhibit "A" (to be filed with the Notice to Proceed). 31. The Department will not participate in any costs related to the design and installation of a traffic signal, should one be warranted or approved at this access location or any other serving this development. State Highway Access Permit Attachment to Permit No. 417131 - Additional Terms and Conditions 5 3. No paved surface shall be cut unless specified in this permit, Asphalt removal shall be saw cut to assure a straight edge for patching. 33. The new State Highway pavement shall slope on the same plane as the present pavement surface. 34. If frost, water, or moisture is present in the subgrade, bgrade, no surfacing materials shall be placed until all frost, water, or moisture is gone or removed. 35. The access shall be constructed and maintained in such a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 36. All existing drainage structures shall be extended, modified, or upgraded as necessary, to accommodate all new construction and safety standards/ in accordance to the Department's standard specifications. 376 The Permittee shall request final inspection by Bruce Barnett at (970) 350-2147 within 10 days following the completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 38. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 39. The development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. 40. The Department inspector may suspend work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department Inspector. 41. If State Highway right-of-way fence exists or is proposed/ the Permittee must contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163 prior to removal or installation. 42. The Permittee will be required to obtain a highway right-of-way fence agreement for a special fence if the Permittee desires to remove the existing standard highway fencing in this area. The Perin ittee shall contact Bruce Barnett (970) 350-2147, 43. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-507-1 standard, before the fence is cut to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. Contact Tim Bilobran at (970) 350-2163 to obtain the contact name of the correct person to return the materials to. State Highway Access Permit Attachment to Permit No. 417131 - Additional Terms and Conditions 6 44. It is the responsibility of the Perim ittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained from the CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction- Environinental Guidance webpage at httpL/w .dot.state.co.use'enyironmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN THE SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains/ air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire -fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from C DP H E before work begins. For additional information and forms, go to the CHPHE website at: COLORADO DEPARTMENT OF,TRANSPORTATION HIGHWAY ACCESS PERMIT APPLICATION Issuing authority application acceptance date: 4111 17 Instructions: Please or type - - - print - - If - Contact Contact Complete Submit you For additional have the Colorado the issuing this an application any form questions information Department of Transportation authority to determine what (some questidns may not for each access affected. contact the issuing see C DOT's Access ( DOT) or your local government to determine your plans and other documents are required to be submitted apply to you) and attach all necessary documents and authority. Management website at htt ://www.dot.etate.co .u&AccessPermIts/index.htrtm issuing authority. with your application. Submit it to the issuing authority. 1) Property N'el owner (Perrrsitee) s Nelson, Cactus Hill Ranch 2) Applicant or Agent for Simon Con tractorth perrnittee (if d o different from property owner) John Pinefl o Street address 38 990 State Highway 257 Mailing address 6215 Clear Creek Parkway City, state Fort & zip Collins, CO 80524 Phone # 970-686-.415 City, state & zip Cheyenne, WY 82007 Phone # (required) 307-772-3256 E-mail https address : //www . cactushil l -ranch . con/ E-mail address if available j pinel l o @ s imon contractors 4 con 3) Address 8146 of property to be servedby permit (required) Weld County Road 80.5, Windsor, CO 80550 4) Legal county Weld description of property: If within subdivision N/A jurisdictional block limits of Municipality, city and/or County, lot I which section 16 one? I7N67W township range 5) What State Highway 257 are you requesting access from? 6) What side of the hi hway? N • E I1 7) How many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? 2 8 0 feet H N❑ S D E I W) from: 18.0 0 0 feet JN EIS ❑E ❑W) from: CR 80.5 8) What is the approximate date you intend to begin construction . 3/1/2018 fg)_Check here if you are requesting a: new access Jtem porary access (duration anticipated: ) 0 improvement to existing access change in access use NI removal of access 1 —relocation of an existing access (provide detail) 10) Provide existing property use Agriculture 11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? al no : yes, if yes - what are the permit number(s) and provide copies: and/or, permit date: 12) Does the property owner own or have any interests in any adjacent property? IIIno a yes, if yes - please describe: Owns property to the North, South and. East of site. 13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? ii no : A yes, if yes - list them on your plans and indicate the proposed and existing access points. 14) If you are requesting agricultural N/A field access - how many acres will the access serve? 15) if you are requesting commercial business land or industrial access use please indicate square footage the types and number of businesses and provide the floor area square business footage of each. square footage Asphalt/Concrete Production +/-35 AC 16) If you are requesting residential type developene nt access, what is the number type of (single family, apartment, units townhouse) type and number of units' ' number of units N/A 17) Provide the following ng vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. Indicate if your counts are # of passenger cars and light trucks at peak hour volumes 35 # of 4 multi unit trucks at peak hour volumes (peak hour volumes or [ _.: average daily volumes.. # of single unit vehicles in excess of 30 it, 16 # at farm vehicles 0 (field equipment) Total Count of all vehicles 55 L Previous editions are obsolete and may not be used Page 1 oft COOT Form #137 01110 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. b) Highway and driveway plan profile. c) Drainage plan showing impact to the highway right-of-way. d) Map and letters detailing utility locations before and after development in and along the right-of-way. e) subdivision, zoning, or development plan. f) Proposed access design. g) Parcel and ownership maps including easements. h) Traffic studies. I) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional COOT Utility/Special Use Permit offices or accessed via the COOT Planning/Construction-Environmental-Guidance webpage http://www.dotstate.comiusienvironmental/Forms.asp. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, AN I/I EA 107-1999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926 95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall ap pl . 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes asdetectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: chtto://www.dot.stateso.usiDesignSupporti›, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the perm it. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Applicant or Agent for Perrne signature 70 -fie Print name John Pinello o iVz 7 Date If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. Property owner signature Print name Nels Nelson V; tit% Pig Date Previous editions are obsolete and may not be used Page 2 of 2 CDOT Form #137 01/10 DRAFT RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS WHEREAS, the Board of County► Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 25th day of October, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Cactus Hill Ranch Company, cfo Simon Contractors, Inc., P.O. Box 691, Windsor, CO 80550, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral Resource Development including Asphalt and Concrete Batch Plants, materials processing (crushing and screening), material stock piles, an office, a shop, and outdoor truck and employee parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the W1/2 of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,. at said hearing, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and deemed it appropriate to continue the matter to Monday, November 6, 2017, at 10:00 a.m., to allow Cactus Hill Ranch Company, do Simon Contractors, Inc., adequate time to schedule a second open house for surrounding property owners to be able to address questions and concerns, and to allow the matter to be heard by a full quorum of the Board, and WHEREAS, on November 6, 2017, at said hearing, the applicant was present and represented by Anne Johnson, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, CO 80501. The hearing was recessed at 3:30 p.m., and reconvened on Wednesday, November 8, 2017, at 9:00 a.m., and WHEREAS, on November 8, 2018, the applicant and their representative were present and after closing the public input, the hearing was continued to January 10, 2018, at 10:00 a.m., to allow the Board time to review the large quantity of documents submitted by the public and the applicant, and WHEREAS, on January 10, 2018, the applicant and their aforementioned representative were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 2 - DRAFT WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of county commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G.3 (A. Policy 7.3) states: "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." The proposed facility is located within the Coordinated Planning Area (CPA) between Weld County and the Towns of Severance and Windsor. The site is located one-half mile south of an area with a land use designation of Development Node for the Town of Severance. Development Nodes are identified as areas "where commercial, mixed -use or urban style development may be appropriate outside and away from the town core." This site, while located within the IGA for the Town of Windsor, is located outside the Growth and Land Use Planning area,. per the 2016 Comprehensive Plan. Simon Contractors met with the Town of Windsor Planning Director on July 7, 2017. The Planning Director did not express concerns for this application at the time of the meeting. The intent of the meeting was to discuss haul routes and techniques to route traffic away from the Town of Windsor for delivery of product to projects that are not located within the Town of Windsor city limits. Simon Contractors also met with representatives from the Town of Severance on June 29, 2017, and the Town Planner attended the Open House held on July 10, 2017. A letter of support from the Town of Severance is included with the application materials. 2) Section 22-2-80.A.- ([Goal 1) states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 3 - DRAFT comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable." The proposed plant site is within the Intergovernmental Agreement area between the Towns of Severance and Windsor and Weld County. The property has access to highway infrastructure which is essential to deliver aggregate materials to the site from out of state and to deliver materials from the site to growing communities in Weld County and Northern Colorado. Representatives for Simon met with the Town of Severance and the Town of Windsor, the nearest municipalities to the site, to discuss haul routes in the area and the overall fit of the project within the area. 3) Section 22-2-80.C (I.Goal 3) states: "consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." Simon Contractors will be required to enter into an Improvements Agreement with Weld County to pay their shared portion of the required road improvements. The applicant's Traffic Study has been reviewed by representatives for CDOT who have accepted the recommended and proposed transportation improvements. 4 Section 22-2-80.E.2 (I.Policy 5.2) states: "Development improvements should minimize permanent visual scarring from grading, road cuts and other site disturbances. Require stabilization and landscaping of final land forms, and that runoff be controlled at historic levels." To minimize the visual impact of the site, as well as provide a noise buffer, earth berms planted in a drought tolerant native grass have been constructed along the western property boundary. The existing Water Supply and Storage irrigation canal is adjacent to the south of the proposed site. This agency did not return a referral indicating a conflict with their interests. 5) Section 22-2-80.F-(4I.Goal 6) states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." Current surrounding land uses are low intensity agricultural and rural residential uses. The 2011 Comprehensive Plan for the Town of Severance has designated land that is half a mile to the north of the site as a Development Node. This proposed facility will support the economic growth planned for this area. Simon Contractors has taken steps in planning for this project to mitigate impacts on its future neighbors through the large earth berm to the west, and placement of the batch plant site to the west behind the earth berm and away from the rural residential development. As previously stated, one of the most significant natural site features on the property is an irrigation ditch located along the southern boundary 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 4 - DRAFT of the site. The ditch will be maintained in its current location when the site develops. The second significant feature is a manmade structure consisting of the overhead high-tension Platte River Power Authority Transmission Line. As previously stated, this site, while located within the IGA for the Town of Windsor, is located outside of their Growth and Land Use Planning area, per the 2016 Comprehensive Plan. 6) Section 22-2-80.F.3 (I.Policy 6.3) states: "Encourage informational n eighborhood meetings for proposed industrial uses that do not require a public hearing." Representatives for Simon Constructors and their consultant met with the neighbors concerning this proposed site development project on July 10, 2017, and invited the n eighbors within 1,000 feet of the property and also invited three residents located east along County Road 80.5 that were outside this 1,000 -foot radius to an open house to present the project and answer questions. Three individuals attended the meeting including a neighbor, the landowner and the Severance Town Planner. The n eighbor had concerns with the noise generated from plant operations, hours of operations, traffic, particularly the traffic impact at County Road 80.5 and State Highway 257 and the smell coming from the facility. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.4 Mineral resource development facilities, including Asphalt and Concrete Batch Plants, materials processing (crushing and screening), material stockpiles as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on a parcel of land located south of County Road 80.5 and the Water Supply and Storage irrigation canal in an East-West alignment borders the site to the south. There is an overhead electric transmission line (Platte River Power Authority) sited south of County Road 80.5 and within a recorded easement approximately 100 feet in width. The site is located approximately 2.5 miles north from the current Town of Windsor corporate limits; 0.5 miles south of the Town of Severance corporate limits; and 2.0 miles west of the the Town of Timnath corporate limits and Larimer County. The property is located within the Intergovernmental Agreement Area for the Towns of Windsor and Severance. There are few residential structures located in the immediate area, with the nearest residence being located approximately 260 feet north of the property line, and the second residence being approximately 540 feet east of the property line. All other residences are located 1,500 feet or greater from the property line associated with the proposed facility. Adjacent land uses to the northeast include a solar array facility (Silicon Ranch Corporation MUSR16-0001); 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 5 - DRAFT adjacent to the south and southwest are three confined animal feeding operations for 800 cows and 40,000 sheep, and an adjacent location for 150,000 sheep (Cactus Hill Ranch Company SUP -309 and AmUSR-803); to the southwest a 5,000 -head cattle feedlot (Cactus Hill Ranch Company SUP -364); to the west is a 900 -head dairy for Barkley's Bossies Dairy (USR-1554) and to the north are several telecommunication towers, including USR-1155 for a 150 -foot Cellular Tower. Also to the north is a 15 -lot residential subdivision identified as Valley View Acres approved in 1978. The application indicates that all truck traffic associated with the business will utilize County Road 80.5 heading west to State Highway 257 with traffic heading north to State Highway 14. Vendors and employees will access the facility from the west onto County Road 80.5. Staff has received no correspondence from surrounding property owners or interested persons regarding this USR. Staff has received several telephone calls requesting information on the land use application for the temporary► siting component and later from an adjacent property owner with questions on the proposed longer -term site development. The Department of Planning Services is requesting a Lighting Plan and an updated Landscape/Screening Plan. The Screening Plan shall screen the truck and equipment parking and the outdoor storage from adjacent property and public rights -of -way. The Public Works Department, in conjunction with CDOT, will be requesting access improvements to the facility and on State Highway 257 for acceleration, deceleration and southbound turning improvements. These plans and proposed vehicular improvements, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. D. Section 23-2-230.B.4 The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Timnath, Severance and Windsor, and Larimer County, and is located within the existing Intergovernmental Agreement Area (IGA) or Coordinated Planning Agreement Area (CPA►) of the Towns of Severance and Windsor. The Town of Severance, as part of the application, submitted a letter of support; the Town of Windsor in an email dated August 11, 2017, indicated no conflict of interests; and, the Town of Timnath and Larimar County did not return a referral response. It is the opinion of the Department of Planning Services that the siting of the batch plant facility in a low -density development area with direct access to a State Highway and compliant with the municipal comprehensive and land use plans for future development creates an area that can support this type of development. Further, the Town of Severance Comprehensive Land Use Plan identifies the parcel to be in a Development Node and the Town indicates it is in support of the 2017-3503 PL2503 SPECIAL REVIEW PERMIT (U5R17-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 6 - DRAFT application. To address any mitigating requirements, the Conditions of Approval will require a site Lighting Plan and a Landscape and Screening Plan to be submitted to the Department of Planning Services for review and approval; and, the Development Standards address nuisance transient lighting, provide that uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations, and all waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions; all site activities be limited to a measurable noise standard and the property is to be maintained such that a nuisance condition is not allowed to develop. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. This property is not located in a floodplain, or geologic hazard area or airport overlay district. The site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 31 acres of Irrigated Land not Prime, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has historically been utilized for hay production and currently there is no irrigation on the property. G Section 23-2-230.B.7 - The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Cactus Hill Ranch Company, do Simon Contractors, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral Resource Development including Asphalt and Concrete Batch Plants, materials processing (crushing and screening), material stock piles, an office, a shop, and outdoor truck and employee parking in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1 Prior to recording the USR Map: A. The applicant shall provide the Department of Public Works with an application for an Access Permit for the number of access(es) approved by the Board of County Commissioners and place the Access Permit Number,. on the USR map. 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 7 - DRAFT B. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F, which states in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." C. The applicant shall submit an updated Landscape/Screening Plan to the Department of Planning Services for review and approval. The equipment parking area, the employee parking area and areas utilized for outdoor storage shall be screened from adjacent properties and public rights -of - way. D. The applicant shall submit a Parking Plan showing a minimum of 35 parking spaces for the employees, including site personnel and truck drivers. Additional spaces shall be shown for the on -site equipment and for vendors who may visit the site. E. The applicant shall submit evidence that the downslope property owner from Larimer County Canal Company that the canal will accept all storm water and drainage (overland flows) from the USR property onto property owned by the downslope property owner. of water from the property into the canal. Evidence shall be submitted, in writing, on company letterhead, to the Weld County Department of Planning Services. F An Improvements and Road Maintenance Agreement is required for off - site improvements at this location. Road maintenance including, but not limited to, dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. G A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. H The applicant shall submit evidence from the Poudre REA that the proposed improvements will not impact their ability to service the existing electric line adjacent to County Road 80.5. Written evidence shall be submitted on company letterhead, to the Weld County Department of Planning Services. The applicant shall submit evidence from the Colorado Department of Transportation that the concerns and issues in the referral response dated September 14, 2017, have been addressed to their satisfaction. Written evidence shall be submitted on company letterhead, to the Weld County Department of Planning Services. 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 8 - DRAFT J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0043. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the earth berms, the vegetative landscape and opaque screening. 6) The map shall delineate the parking areas for employees, on -site equipment and vendors. 7) The map shall delineate the lighting. 8) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 9) County Road 80.5 is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 10) Show and label the stop sign at each point of outbound egress. 11) Show and label the approved access(es) (AP17-00TBD), and the minimum 60 -foot turning radii on the site plan. 12) Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number, if applicable. 13) Show and label the approved tracking control on the site plan. 14) Show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 9 - DRAFT from the gate to the edge of the traveled surface be less than 35 feet. 15) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 16) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat, per the setback requirements of Section 23-3-50.E of the Weld County Code. 17) The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 18) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $60.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARM StatePlane Colorado North FIPS 0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us. 5 Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 10 - DRAFT B. The approved access and tracking control shall be constructed prior to on -site construction. 6. Prior to the issuance of the Certificate of Occupancy: A. An On -site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County OWTS. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County OWTS Regulations. B. As applicable, the applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 7 Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. Off -site improvements include asphalt paving of CR 80.5 from Highway 257 to 50 feet east of the easternmost access to the facility. B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency► Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 11 - DRAFT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: *, Chair Weld County Clerk to the Board *, Pro -Tern BY: Deputy Clerk to the Board * APPROVED AS TO FORM: * County Attorney * Date of signature: 2017-3503 PL2503 DRAFT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. USR17-0043 The Site Specific Development Plan and Use by Special Review Permit, USR16-0043, is for Mineral Resource Development Facilities including Asphalt and Concrete Batch Plants, materials processing (crushing and screening) material stockpiles, an office, a shop, and outdoor truck and employee parking in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for the site office and is unrestricted in the case of public or private emergency or to make necessary repairs to equipment. 4. The hours of operation for Simon Constructors shall be the following: A. Hours of Operation for Asphalt: 1) The plant will typically only operate Monday through Saturday. 2) The standard hours of plant operation will be limited to one hour before sunrise to one hour after sunset. 3) Load -out from storage silos will be limited to one hour before sunrise to one hour after sunset. 4) When the plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, or private companies for night paving projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the customer jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Simon Contractorsstructors becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. B Hours of Operation for Ready Mix Concrete: 1) The Ready Mix Concrete Plant will only operate Monday through Saturday. 2) The standard hours of plant operation will be limited to one hour before sunrise to one hour after sunset. 2017-3503 PL2503 DEVELOPMENT STANDARDS (USRI7-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 2 - DRAFT 3) The plant will not operate more than 16 hours per day. 34) Ready Mix trucks will generally operate during plant operations, but may return to the plant after plant shutdown to be cleaned and parked. 4) When the plant is operating at night, it will only occur when material is requested by cities, counties, CDOT, or private companies for night protects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the customer purchasing the concrete, night operations could occur seven days per week. When Simon Contractors becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. C. Hours of operation for Aggregate and Recycling 1) Aggregate recycling operations will only occur Monday through Saturday. 2) Aggregate washing and recycling operations will only occur during daylight hours (dawn to dusk or 6:30 a.m. to 6:00 p.m. during the winter); actual operating hours will vary dependent on weather and business levels. 5. The number of on -site employees for Simon Constructors shall be 35 full-time employees and 17 truck drivers, as stated by the applicant. 6 The parking area on the site shall be maintained. ? All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8 The landscaping/screening on the site shall be maintained. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 2017-3503 PL2503 DEVELOPMENT STANDARDS (USRI7-0043) - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. PAGE 3 - DRAFT 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 15. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 16. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on -site. 17. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 18. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the rules and regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 21. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE PE review upon request. 22. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day, the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division's (WQCD) Regulations. 2017-3503 PL2503 DEVELOPMENT STANDARDS (USRI7-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 4 - DRAFT 23. For employees that are on the site for less than two (2) consecutive hours a day or 10 or less customers or visitors per day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 25. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Waste Water Treatment Systems (OWTS). 26. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 27. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 28. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 30. The historical flow patterns and runoff amounts on the site will be maintained. 31. Weld County is not responsible for the maintenance of on -site drainage related features. 32. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 34. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 35. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at 2017-3503 PL2503 DEVELOPMENT STANDARDS (USRI7-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 5 - DRAFT any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 36. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 37. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 39. 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. 2017-3503 PL2503 Johnson, Anne From: Sent: To: Cc: Subject: Attachments: Kim Ogle <kogle@weldgov.com> Wednesday, November 08, 2017 6:40 AM Johnson, Anne Bob Choate; Evan Pinkham; Hayley Balzano PROPOSED LAGUAGE TO BE ADDED TO PRIOR TO OPERATIONS USR17-0043 SIMON - NEW BCC RESO # 7.D LANGUAGGE.doc This proposed amendment to the Draft Resolution addresses a request for a Decommissioning Plan for the facility post operations. See attached language. Kim Ogle Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.3549 Direct 970.353.6100 x 3540 Office kogle@weldgov.com 1 Consulting Report Severance Ready Mix & Asphalt Plants Value Diminution Study East of Colorado State Highway 257, one-half mile South of Colorado State Highway 14 Weld County, Colorado For Simon Constructors, Inc. dlo Mr. Kenneth Lind Lind, Ottenhoff Root LLP 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 Date of Report: January 5, 2018 By Michael Smith, MAI Foster Valuation Company LLC West Point Professional Building 910 54th Avenue, Suite 210 Greeley, Colorado 80634 Federal Tax ID# 84-1157920 FOSTER VALUATION COMPANY LLC January 5, 2018 Mr. Kenneth Lind Lind, Ottenhoff &. Root LLP 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 RE: Severance Ready Mix & Asphalt Plants Diminution Study Dear Mr. Lind: At your request, I have studied and analyzed paired sales data to determine whether market evidence demonstrates any diminution in real estate values caused by proximity to industrial gravel and asphalt batch plants similar in intensity to those proposed by Simon Contractors, Inc. and related to USR17-0043, Severance Ready Mix & Asphalt Plants, which is located east of Colorado State Highway 257 on the south side of Weld County Road 80.5 in Weld County, Colorado. This report is intended to be used by Simon Contractors, Inc. officials to address the concerns of the residents in proximity to the project and county officials regarding any potential diminution, or loss in property values resulting from the planned project. Analysis of the paired sales data and confirmations with market participants provided support for my conclusions regarding whether diminution in value exists that could be directly caused by location stigma resulting from adjacent industrial uses similar to those planned for the Severance Ready Mix & Asphalt Plants. All relevant market data was considered in formulating the conclusions. The consulting report has been prepared in conformance with the current edition of the Uniform Standards of Professional Appraisal Practice. The Severance Ready Mix & Asphalt Plants facility is located on Weld County Road 80.5, approximately one-half mile south of Colorado State Highway 14 and adjacent to and east of State Highway 257. Planned uses include permanent asphalt and ready -mix concrete plants, office and shop buildings, truck and employee parking, crushing and screening, as well as material stock piles. This facility will provide asphalt and ready -mix concrete products including crushed stone, sand, gravel, and recycled asphalt to public and private Weld County and Northern Colorado customers. W. West Foster, MAI, CRE, SR/WA + Sue Anne Foster, MAI, SRA Jon M. Vaughan, MAI, SR/WA + Michael Smith, MAI + Christine Antonio SR/WA Certified. General Real Estate Appraisers i 910 54`'' Avenue, Suite 210, Greeley, Colorado 80634 Phone (970) 352-1117 • FAX (970) 323-2753 Mr. Kenneth Lind Page 2 January 5, 2018 The first subdivision chosen for analysis and thus first sale in each paired set is within what is considered similar proximity to an existing industrial facility, or other more intense use that could be considered to result in the perception oflo+cation stigma. The second and third sales in each paired set are physically similar single- family homes that are removed from any use that is considered to cause location stigma. These paired sets are presented in the consulting report. Thousands of homes throughout Northern Colorado have been constructed and sold in proximity to industrial uses, gravel mines, asphalt batch plants, concrete batch plants, railways, and other uses similar in intensity to those planned for the Severance Ready Mix & Asphalt Plants project. Analysis of the paired sales data revealed very similar sale prices per square foot for single-family homes located in and out of proximity to more intense industrial uses similar to those planned. Therefore, it is unlikely that the completion of the Severance Ready Mix &Asphalt Plants project will result in a diminution in value with regard to future sale prices of single-family homes. Respectively submitted, MiAtiortey chael A. Smith, MA! CO Certification # G 1000► 6005 TABLE OF CONTENTS Title Page Letter of Transmittal Table of Contents Paired Sales Analysis 1 Solar Ridge Paired with Burns Ranch 4 Waterfront Paired with Boyd Lake North 16 Garden Gate Paired with Stone Creek (Millennium SW 2nd) 26 Indianhead Paired with Casa Loma 39 Certification 51 Qualifications Of Michael Smith 52 Addendum MLS listings and deeds transferring ownership Simon Contractors, Inc. Severance Facility Value Diminution Study PAIRED SALES ANALYSIS The purpose of this study is to uncover any measurable diminution in value that would be reflected by lower sale prices for single-family homes in proximity to asphalt and concrete batch plants, railways, or other more intense industrial uses considered comparable to those planned for the Simon Contractors, Inc. project related to U R17 -0043, Severance Ready Mix & Asphalt Plants situated on the east side of Colorado State Highway 257 and one-half mile south of Colorado State Highway 14 in Weld County, Colorado. The sales data selected for analysis is considered to be a good representation of the economics in the Northern Colorado real estate market with regard to the effects of location stigma on sale prices of single-family residences. The unique characteristics of the Severance project and surrounding uses provided the basis for selecting the paired sales data. The uses proposed include permanent asphalt and ready -mix concrete plants, an office and shop, truck and employee parking, crushing and screening, as well as material stock piles. The facility is surrounded by predominantly agricultural uses. However, there are rural estates scattered throughout the neighborhood. Three residences are 167 feet, 450 feet, and 550 feet, respectively, from the property border. The nearest residential subdivision is Saddler PUD, which is one-half mile to the north across Colorado r State Highway 14. A thorough examination of the active asphalt and concrete batch plant permits and residential real estate activity as it relates to these facilities was performed. Four Northern Colorado subdivisions were selected that are adjacent to either asphalt and concrete batch plants, or other uses that may be openly perceived as causing location stigma such as a railway, an electrical substation, or dairy operation. After statistical analysis of several various units of comparison including overall sale price, price per total square foot, and price per square foot of above grade living area, price per square foot of above grade living area is considered the most appropriate unit of comparison for this paired sale analysis. In a paired sales analysis, sale prices of nearly identical properties are analyzed to isolate and estimate a single characteristic's effect on value. In this analysis, the ideal properties being paired differ only by their proximity to industrial uses similar to those proposed by Simon Contractors, Inc. such as asphalt batch plants, concrete batch plants, gravel operations, railways, and so forth. The first sale in each paired set is situated in a subdivision that is adjacent to an existing asphalt/concrete batch plant, gravel operation, railway, or other use that may be perceived to stigmatize a location. The second sale in each pair is a physically Foster Valuation Company LLC Page 1 Simon Contractors, Inc. Severance Facility Value Diminution Study similar home that sold during the same time period but is situated in a subdivision that is removed from any adjacent industrial influence that could result in location stigma. A lower sale price per square foot with regard to the first sale in each set provides evidence of diminution in value. A similar or higher sale price for the first sale in each pair as compared to the second or third thus indicates no diminution. Confirmations of the sales and verification of the available public and MLS data utilized in the analysis provided support for the conclusions. Solar Ridge Subdivision in northwest Fort Collins, Waterfront Subdivision in eastern Loveland, Garden Gate Subdivision in southern Loveland, and Indianhead Subdivision north of Johnstown are adjacent to or in proximity commercial and industrial uses that could be considered to result in a degree of location stigma. Burns Ranch at Quail Ridge in Fort Collins, Boyd Lake North in Loveland, and Stone Creek in Loveland, and Casa Loma in Severance are removed from industrial or other uses that could be considered to result in location stigma and provided paired single-family home sales for the analysis. Detailed MLS information and the recorded deeds transferring title for each sale are included in the Addendum. A map showing the location of each subdivision is included on the following page. Overall statistics from the paired sales data are included in the following tabulation but do not represent any final conclusions. Overall Statistics Overall Solar Waterfront, Garden and Indianhead Ridge, Gate, Burns Quail North, Boyd Creek, Casa Ranch Ridge, Lake Stone Loma and at . Proximity to Similar Industrial Use - Yes N o High Sale Price $610,000 $610,000 $535,000 Low Sale Price $220,000 $220,000 $268,000 Average Sale Price $413,670 $407,147 $419,425 Average Above Grade Living 2,072 1,946 2,182 Area SF Average Sale Price Per $204 $209 $199 SF Number of Sales 32 15 17 Average Days on Market 78 79 77 Average Year of Construction 2003 2003 2000 Foster Valuation Company LLC Page 2 Simon Contractors, Inc. Severance Facility Value Diminution Study COMPARABLE SUBDIVISIONS ' Laporte ,\ 1 ' —LI\ 1 Solar Ridge- f, e Ch , tma.n Field Horse too tfr Reservoir I Burns at Quail Ridge r' i f f I I Rut Reservoir f WeiCi? Reservoir)) f —11—� .1 4— 1 1 -1 -47 - Fort Collins '' i t Collins Cm Mow n ---f"- --1- Cobb lake 1174 311/4 I 1 1 1 1 1 1 1 1 1 y.- -SI— .y.- 1 1 1 E M iLBERR v sr� Zi. cache la PQrrc 'e .b L '1\\\ 2 h 1• t W7 ater•ont Hi rseshoe ■ Tate Boyd Lake Stot park 4 11 Swede Lakes ,k 1 Black: Haliow Reserrofr Simon Contractors Company Facility 23 Tininath Reservoir Timnath #`'rk \•-I'- S I 25, i erg le 1 1 1 ,I 1 1 1 1 1 Fort Collin • oveland Muni Boyd L cake North 87 Stone Creek fir Loveta n d' Carnpiyon 1 1 I 14 1 Indiat]he ad • t, o. tx 1 i 1-0 t1 —tom I ,'• \ r a Windsor _Resen'° Fr r-4 Windsor ' J rte' '1S Casa Loma -i Severance 1 4 Johnstown a413 t r er 21 yejf Mil ill i ken DEL.OR I'VE. Data use subject to license. O DeLorrne. DeLorme Street Atlas USA' 2015. w.del©rme.cnm MN (8.1° E 0 1 2 3 .4 Data Loom 10-3 m Foster Valuation Company LLC Page 3 Simon Contractors, Inc. Severance Facility Value Diminution Study Solar Ridge Paired with Burns Ranch Solar Ridge has been chosen for analysis due to its proximity to an asphalt and concrete batch plant on a parcel that is situated 1,200 feet to the northeast across Taft Hill Road. Furthermore, a recently opened gravel pit is being mined within 500 feet of the northern border of Solar Ridge. The area has received media attention as a degree of the residents strongly oppose the expansions or increases in productivity at the batch plants planned by the owner. However, the investigation uncovered several content home owners in the subdivision that are unaffected by and welcome the adjacent industrial uses. The natural open spaces and foothill and mountain views in the western portion of Fort Collins provide an appealing setting for rural estates. The home sales in Solar Ridge are considered physically similar to homes in Burns Ranch at Quail Ridge, which is situated four miles to the southwest in southwestern Fort Collins. Burns Ranch is at the base of the foothills and Horsetooth/Dixon Reservoirs and is removed from heavy industrial uses or other uses that have been reported as or could potentially be conceived as a nuisance. The following table indicates the overall statistics including those from Solar Ridge and Burns Ranch at Quail Ridge. The subdivisions are outlined in blue and included on the assessor aerial images that follow the tabulation. Solar Ridge Paired With Burns Ranch at Quail Ridge Solar Ridge Burns Quail Ranch Ridge at Proximity to Asphalt/Concrete Batch Plant Yes No High Sale Price $596,000 $520,000 Low Sale Price $365,000 $429,900 Average Sale Price $476,375 $496,980 2,310 2,557 Average Above Grade Living Area SF $208 $198 Average Sale Price Per SF Number of Sales 4 5 Average Days on Market 69 57 Average Year of Construction 1997 1994 Foster Valuation Company LLC Page 4 Simon Contractors, Inc. Severance Facility Value Diminution Study Solar Ridge 2323 Stonecrest Drive Foster Valuation Company LLC Page 5 Simon Contractors, Inc. Severance Facility Value Diminution Study Solar Ridge Concrete/Asphalt Batch Plant Gravel Mine Foster Valuation Company LLC Page 6 Simon Contractors, Inc. Severance Facility Value Diminution Study Burns Ranch at Quail Ridge 2912 ki ;merhorn Street 3218 Nesbit Court 3213 a bit Court 3207 Nesbit Court Foster Valuation Company LLC Page 7 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 1 1340 Northern Court Solar Ridge 2912 Sicimmerhorn Street Burns Ranch at Quail Ridge Foster Valuation Company LLC Page 8 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 1 Address! Subdivision Proximity Asphalt/Concrete Batch Plant to Market Days on Date of Sale Sales Price Size in Price Per Sq. Sq. Feet Ft. 1340 Fort Solar Northern Collins, Ridge Court CO 80521/ Yes 60 7/9/2013 $525,000 2,030 $259 2912 Fort B Sicimmerhorn Collins, s Ranch CO Street 80526/ Quail Ridge No 85 6/20/2013 $513,000 1,932 $266 at Remarks: These two homes each featured finished walk -out finished basements. However, the home at 1340 Northern Court in Solar Ridge was constructed more recently, and backs directly to the gravel pit and overlooks the concrete/asphalt batch plant. The home at 1340 Northern Court is situated on a larger lot at 23,885 square feet, as compared to 11,894 square feet. However, both homes are situated on what are considered relatively similar oversized residential lots that back to open space. The seller of 1340 Northern Court was reportedly motivated due to a deadline to close the sale to settle a family dispute, which indicates a degree of buyer duress. The listing price was originally set by the seller and not the broker, which extended the exposure time. However, the property sold within 60 days of being priced at $525,000, which is closer to what is considered a market supported price. The buyer, a professor and engineer, was aware of the gravel operation to begin directly to the north and had no issues with the batch plant to the northeast of the subdivision. However, the seller failed to mention any notification of the gravel operation that was to begin after the sale. The buyer considered the future water feature an amenity. Considering the available data, no diminution in sales price is evident due to proximity to the gravel operation or asphalt and concrete batch plants. Foster Valuation Company LLC Page 9 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 2 Address/ Subdivision Asphalt/Concrete Proximity Batch Plant to Market Days on of Date Sale Sales Price Size Sq. in Price Per Ft. Sq. Feet 1156 Fort Solar Saint Collins, Ridge Germain CO 80521/ Drive Yes 85 5/24/2013 $596,000 2,964 $201 3207 Fort B Nesbit Collins, s Ranch Court CO at 80526/ Quail Ridge No N/A 4/4/2013 $515,000 2,662 $193 Remarks: These two homes are physically similar and were constructed in 1998 and 1994, respectively. The home at 1156 Saint Germain Drive is situated on a larger but narrow lot at 32,116 square feet, as compared to 11,876 square feet for the 3207 Nesbit lot.. However, both homes are situated on what are considered relatively similar oversized residential lots that back to open space. The home at 1156 Saint Germain Drive features an additional bathroom, which is slightly superior. However, this data set does not support any diminution in sale price. The selling agent indicated that there were no mention or concerns regarding the asphalt and concrete batch plants in proximity to the northeast and that the buyers considered the location perfect for their needs. Foster Valuation Company LLC Page 11 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 2323 tonecrest Drive Solar Ridge 3213 Nesbit Court Burns Ranch at Quail Ridge Foster Valuation Company LLC Page 12 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 3 .Address/ Subdivision Asphalt/Concrete Proximity Batch Plant to Days on Market Date of Sale Sales Price Size in Per Price Sq. Ft. Sq. Feet 2323 Fort Solar Stonecrest Collins, Ridge CO Drive 80521/ Yes 40 8/28/2012 $419,500 2,071 $203 3213 Nesbit Collins, Ranch Court CO at 80526/ Quail Ridge No 63 8/30/2012 15O7,000 2,724 $186 Fort Burns Remarks: These two homes are relatively similar and were each constructed in 1995. The homes are situated on what are considered similar lots of between 14,375 and 13,775 square feet in size. The home at 3213 Nesbit Court in the Burns Ranch Subdivision has one more bedroom with five and one more bathroom for a total of four in comparison to the Solar Ridge Home. The home at 2323 Stonecrest Drive is situated in the southern portion of the Solar Ridge Subdivision. This data set does not support any diminution in sale price due to proximity to the asphalt and concrete batch plant. Foster Valuation Company LLC Page 13 Simon Contractors, Inc. Severance Facility Value Diminution Study 2900 Skimmerhorn Street Bums Ranch at Quail Ridge PAIR 4 Address/ Subdivision Proximity to Market Days on Date of Sale Sales Price Size in Price Per Sq. Asphalt/Concrete Batch Plant Sq. Feet Ft. 2439 Fort Solar Stone Crest Collins, CO Ridge Subdivision 8 Drive 0521 / Yes 124 8/10/2011 $365,000 2,175 $168 3218 Fort Burns Nesbit Collins, Cow CO05 Ranch at Quail 2 6/ Ridge No 55 8/15/2011 $520,000 2,918 $178 2900 Skirnmerhorn Collins, Ranch CO Street 80526/ Quail Ridge No 26 12/13/2011 $429,900 2,548 $169 Fort Burns at Remarks: Each home features a finished basement and has a three -car garage. The lot sizes range between 11,512 and 14,317 square feet and are considered similar. The homes were constructed between 1992 and 1996. The sale at 3218 Nesbit Court features a fifth bedroom and daylight basement, which is superior to the other two sales. The home at 2439 Stone Crest Drive is centrally located within the Solar Ridge Subdivision. Confirmation of the sale indicated that the batch plant was not considered during the negotiating period. Furthermore, this data set does not support any diminution in sale price due to proximity to the asphalt and concrete batch plant. However, the home at 2439 Stone Crest Drive required a longer marketing period at 124 days ascompared to the Solar Ridge and Burns Ranch homes at 55 and 26 days, respectively. Foster Valuation Company LLC Page 15 Simon Contractors, Inc. Severance Facility Value Diminution Study Waterfront Paired with Boyd Lake North Waterfront is being analyzed due to the adjacent dairy operation and the Union Pacific Railway that makes up the eastern border of the subdivision in this northeastern portion of the Boyd Lake area of Loveland. The railway is in closer proximity than the rail spur planned by Simon Contractors project, but overall the Waterfront Subdivision provides a logical case study to analyze any effects location stigma could have on sale prices. The construction throughout Waterfront is similar to Boyd Lake North, which is over one mile to the south of Waterfront, surrounded by residential uses, and removed from the railway and dairy influence. Sales data and market perceptions were verified and confirmed with various buyers, sellers, brokers, property owners, and developers as part of this study. An interview with one local developer who has been active in several areas around Boyd Lake in Loveland revealed that sale prices for properties in the Waterfront Subdivision, which is adjacent to the rail line and dairy operation, were relatively unaffected by the adjacent uses. The developer anticipated heavy discounting early on in the effort to market the northern portion of the subdivision, which is bordered by the railway and in proximity to a dairy operation. However, as the homes were nearing completion and began to go under contract, it was becoming evident that no significant discounting would be necessary and no diminution in value was evident. Waterfront Paired With Boyd Lake North Waterfront Boyd Lake North Proximity to Dairy and Railway Yes No High Sale Price $389,900 $385,000 Low Sale Price $305,000 $342,925 Average Sale Price $348,300 $357,981 Average Above Grade Living Area SF 1,975 2,078 Average Sale Price Per SF $182 $176 Number ofSales 3 4 Average Days on Market 46 54 Average Year of Construction 2008 2009 Foster Valuation Company LLC Page 16 Simon Contractors, Inc. Severance Facility Value Diminution Study Waterfront Subdivision Union Pacific Railroad Dairy Operation beyond railway Foster Valuation Company LLC Page 1 Simon Contractors, Inc. Severance Facility Value Diminution Study f1� •tiro PAIR 5 immr a iiii 6542 Sea Gull Circle Waterfront 4010 Via del Oro Drive Boyd Lake North Foster Valuation Company LLC Page 20 Simon Contractors, Inc. Severance Facility Value Diminution Study 4006 Via del Oro Drive Boyd Lake North PAIR Address/ Subdivision Proximity Railway dairy to and Market Days on Date of Sale Sales Price Size in Price Per Sq. Ft. Sq. Feet 6542 Loveland, Waterfront Sea Gull CO First Circle 80538/ Sub Yes 90 5/28/2015 $350,000 2,281 $153 4010 Via del Loveland, CO Boyd Lake North Oro 80538/ Drive No 28 3/27/2015 $354,000 2,200 1161 4006 Via Loveland, Boyd Lake del CO North Oro 80538/ Drive No 25 3/24/2015 $350,000 2,229 $157 Remarks: These three homes arc physically very similar and were each constructed in 2015 on lots purchased within a year at the same price by the same developer. The larger lot at 6542 Sea Gull Circle allowed for additional garage space, but backed directly to the railway within 1,500 feet of the dairy operation. The 90 days on market to sell the home at 6542 Sea Gull Circle is longer than the Boyd Lake North homes, which were 28 and 25 days on market, respectively. The home at 6542 Sea Gull Circle is within 150 feet of the railway and within 1,500 feet of the adjacent dairy operation, which is relatively closer than the facilities proposed for the Simon Contractors project. The paired sales data appear to support a degree of diminution. However, the seller/developer's discount to the offering price was based in part on it being the last home from that builder, which makes identifying any diminution due to location stigma difficult to isolate. Foster Valuation Company LLC Page 21 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 6 6440 Clearwater Drive Waterfront 3985 Via del Oro Drive Boyd Lake North Foster Valuation Company LLC Page 22 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR Address/ Subdivision Proximity Railway daily and to Market Days on of Date Sale Sales Price Size Sq. in Price Per Ft. Sq. Feet 6440 Clearwater Drive Yes 46 3/16/2015 $389,900 2,240 $174 Loveland, Waterfront CO 80538/ 3985 Via Loveland, del Oro Drive CO 80538/ No 56 12/9/2014 $385,000 2,320 $166 Boyd Lake North Remarks: These two homes are physically similar and each feature five bedrooms and four bathrooms.. The homes arc situated on lots containing 10,454 and 5,227 square feet in size, with the home at 6440 Clearwater Drive being situated on the larger lot. The partial but elevated westerly views across the lake appear to have effectively offset any potential premium that could be associated with the larger size of the lots in the Waterfront Subdivision given the available lot sale data. The home at 6440 Clearwater Drive was constructed in 2005, while the home at 3985 Via del Oro Drive was constructed more recently in 2012. No diminution in sale price is evident in the confirmation of this data. Foster Valuation Company LLC Page 23 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 7 6232 Sea Gull Circle Waterfront 3842 Calle del Sol Drive Boyd Lake North Foster Valuation Company LLC Page 24 Simon Contractors, Inc. Severance Facility Value Diminution Study P AIR 7 Address/ Subdivision Proximity Railway dairy and to Days on Market Date of Sale Sales Price Size Sq. in Price Per Sq. Feet Ft. 6232 Sea Gull Circle Yes 3 12/12/2014 $305,000 1,404 $217 Loveland, Waterfront CO 80538/ 3842 Lovelad, Calle del CO Sol Drive 80538/ No 106 10/10/2014 $342,925 1,563 $219 Boyd Lake North Remarks: The homes at 6232 Sea Gull Circle and 3842 Calle del Sol are physically similar and were constructed in 2004 and 1994, respectively. Both homes sold in a very tight real estate market, and both sold for more than the original offering price. The home at 6232 Sea Gull Circle features a fourth bedroom, but the bedrooms arc smaller than those at 3842 Calle del Sol Drive. The more recent construction date of 6232 Sea Gull is considered slightly superior. However, the property at 6232 Sea Gull circle was not discounted due to its proximity to the dairy operation and railway, and no diminution is evident based on the sale prices. Foster Valuation Company LLC Page 25 Simon Contractors, Inc. Severance Facility Value Diminution Study Garden Gate Paired with Stone Creek (Millennium SW 2nd) Garden Gate is being analyzed due to several uses within 1,000 feet of the subdivision that could be considered to result in location stigma. An asphalt batch plant, a waste -water treatment facility, and an electrical substation are in proximity and adjacent to the southern portion of the Garden Gate Subdivision. The homes in Stone Creek (Millennium SW 2nd Subdivision) are considered similar to Garden Gate and are selected for tPage 26he paired sales analysis. Stone Creek is one mile to the northeast of Garden Gate and is removed from any uses that have been reported as or could potentially be conceived as a causing location stigma. Garden Gate Paired With Stone Creek Garden Gate Stone Creek Proximity substation, to asphalt waste -water batch treatment plant, Yes No High Sale Price $247,000 $365,500 Low Sale Price $220,000 $268,000 Average Sale Price $238,475 $303,375 Average Above Grade Living Area SF 1,563 2,099 Average Sale Price Per SF $154 $148 Number of Sales 4 4 Average Days on Market 44 67 a Average Year of Construction 2007 2005 Foster Valuation Company LLC Page 26 Simon Contractors, Inc. Severance Facility Value Diminution Study Garden Gate Foster Valuation Company LLC Page 27 Simon Contractors, Inc. Severance Facility Value Diminution Study Garden Gate Electric Substation Asphalt/Concrete Batch Plant Foster Valuation Company LLC Page 28 Simon Contractors, Inc. Severance Facility Value Diminution Study Garden Gate (continued) Waste -Water Treatment Facility Foster Valuation Company LLC Page 29 Simon Contractors, Inc. Severance Facility Value Diminution Study Stone Creek (Millennium SW rd Subdivision) Foster Valuation Company LLC Page 30 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 8 294 Sand Grouse Drive Garden Gate 2755 Dafina Drive Stone Creek Foster Valuation Company LLC Page 31 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR Address/ Subdivision Proximity to Days on Market Date of Sale Sales Price Size in Price Per Ft. Sq. Waste asphalt/concrete, and treatment, substation -water S. Feet 294 Loveland, Garden Sand Gate Grouse Drive CO 80537/ Yes 65 5/9/2014 $247,000 1,599 $154 2755 Loveland, Dafina CO Drive 80537/ No 113 6/13/2014 $280,000 1,816 $154 Stone Creek Remarks: These homes are situated two homes on what are are considered physically very similar similar lots and ofbct were each een 6,098 constructed and 7,142 square between feet 2006 and 2004. in size. This data The set does not support any diminution in sale price due to proximity to the various surrounding uses including the asphalt and concrete batch plant, waste -water treatment facility, and electrical substation. Foster Valuation Company LLC Page 32 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 9 2054 Torrent Duck Avenue Garden Gate 2795 Dafina Drive Stone Creek Foster Valuation Company LLC Page 33 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR Address/ Subdivision Proximity to Days on Market Date of Sale Sales Price Size in Price Per Ft. Sq. waste asphalt/concrete, and treatment, substation -water Sq. Feet 2054 Loveland, Garden Torrent CO Gate Duck Avenue 80537/ Yes 4 3/21/2014 $246,900 1,852 $133 2795 Loveland, Dafina Colorado Drive 80537/ No 38 2/28/2014 $365,500 3,002 $122 Millennium SW Remarks: These two homes were constructed in 2007 and 2005, respectively, with the home at 2054 Torrent Drive being The constructed home at 2795 more recently. Dafina Drive The homes are situated on similar features a finished basement, lots an additional between 8,000 bedroom and 6,985 and square bathroo feet it, in size. which is considered superior, overall. This data set does not support any diminution in sale price due to proximity to the various surrounding uses. Foster Valuation Company LLC Page 34 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 10 2146 Blue Duck Drive Garden Coat e 340 Ramsay Place Stone Creek Foster Valuation Company LLC Page 35 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 10 Address/ Subdivision Proximity to Days on Market Date of Sale Sales Price Size in Price Per Ft. Sq. waste asphalt/concrete, and treatment, substation -water Sq. Feet 214 Loveland, Garden ► Blue Duck Drive CO 80537/ Gate Yes 64 10/15/2013 $220,000 1,308 $168 340 Loveland, Ramsay CO Place 80537/ No 66 10/25/2013 $300,000 1,778 $169 Stone Creek Remarks: These two homes are physically very similar and were constructed in 2006 and 2005, which is also considered similar. The homes are situated on similar lots of -between 6,600 and 7,345 square feet in size. This data set does not support any diminution in value due to proximity to the various surrounding uses including the asphalt and concrete batch plant, waste -water treatment facility, and electrical substation. Foster Valuation Company LLC Page 36 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 11 2098 Sandhill Crane Circle Garden Gate 310 Ramsay Place Stone Creek Foster Valuation Company LLC Page 37 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 11 Address/ Subdivision Proximity to Days on Market Date of Sale Sales Price Size in Price Per Ft. Sq. waste asphalt/concrete, and treatment, substation -water Sq. Feet 2098 Sandhill Crane Circle Yes 6/7/2013 2 0,000 1,492 $161 Loveland, Garden CO 80537/ Gate 310 Loveland, Ramsay CO Place 80537/ No 52 9/13/2013 $268,000 1,800 $149 Stone Creek Remarks: These two relatively similar homes are situated on lots of between 10,613 and 10,170 square feet in size. The home at 2098 Sandhi!! Crane Circle is backs to the southeast border of the Garden Gate Subdivision in proximity to the Circle asphalt/concrete had an offer from plant, the a buyer substation, that and the was aware of, waste but -water unaffected treatment by the plant. surrounding The home at more intense 2098 Sandhill industrial Crane uses. The not home at 310 support any Ramsay diminution Place sold in value three due months to proximity later under to slightly the various better market surrounding condition. uses including The paired the asphalt sale does and concrete batch plant, waste -water treatment facility, and electrical substation. Foster Valuation Company LLC Page 38 Simon Contractors, Inc. Severance Facility Value Diminution Study Indianhead Paired with Casa Loma Indianhead is chosen for analysis due to the completion of the Martin Marietta asphalt and concrete batch plant on the adjacent parcel to the southwest. Recent litigation has suspended operations as of the date of this report. However, all home purchases over the last two years took place during construction of the adjacent industrial facility and likely under the assumption that that facility would be open as scheduled. As a result, the sales from the southwestern portion of Indianhead subdivision are considered to represent the current market for homes in proximity to an asphalt and concrete batch plant similar to the one planned in Severance. The following table indicates the overall statistics Indianhead and Casa Loma. The subdivisions included on the assessor aerial images that follow the tabulation, and the comparable sales are indicated by red arrows. Indianhead Paired with Casa Loma Indianhead Casa Loma Proximity to Asphalt/Concrete Batch Plant Yes No High Sale Price $610,000 $535,000 Low Sale Price $520,000 $435,900 Average Sale Price $550,725 $499,975 1,945 1,901 Average Above Grade Living Area SF $285 $273 Average Sale Price Per SF Number of Sales 4 4 Average Days on Market 72 55 Average Year of Construction 2004 2003 Foster Valuation Company LLC Page 39 Simon Contractors, Inc. Severance Facility Value Diminution Study Indianhead Foster Valuation Company LLC Page 40 Simon Contractors, Inc. Severance Facility Value Diminution Study Indianhead Rail served concrete and asphalt batch plant Concrete and asphalt batch plant is visible from throughout the subdivision Foster Valuation Company LLC Page 41 Simon Contractors, Inc. Severance Facility Value Diminution Study Casa Loma • 5 1 74:rArgil 1 a t a i F Y t i 2 C r+ Jr 1 • t t w 1rl V CI r, a r r a p. J DL r rr ' t P;yy"ti, ar.— 4 r I Foster Valuation Company LLC Page 42 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 12 27601 Hopi Trail Indianhead 1105 San Miguel Casa Loma Foster Valuation Company LLC Page 43 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 12 Address/ Subdivision Proximity to Days Market on of Date Sale Sales Price Size Sq. in Feet Price Per Sq. Asphalt concrete plant and batch Ft. 27610 Hopi Trail Loveland, CO 80534/ Indianhead Yes 10►3 5-18-15 $547,900 1,863 $294 1105 San Miguel Severance, CO 80550/ Casa Lorna No 13 08-21-15 435,90►0 1,563 279 Remarks: These two homes arc physically very similar and were constructed in 2002 and 2003, respectively which is also considered similar. The homes are situated on similar lots of between 43,560 and 43,946 square feet in size. The home in Indianhead features an outbuilding containing 779 square feet suitable for a two -car garage, which must be considered. However, these secondary garages typically contribute less to the overall value of a property than the cost to construct when adequate attached spaces are available. The extended marketing period of the Indianhead sale of 103 days is considered significant during this time period. However, this data set does not support any diminution in value due to proximity to the asphalt and concrete batch plant. Foster Valuation Company LLC Page 44 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 13 2 701 Hopi Trail Indianhead 4406 Indigo Drive Casa Loma Foster Valuation Company LLC Page 45 Simon Contractors, Inc. Severance Facility Value Diminution Study P AIR 13 Address/ Subdivision Proximity to Days Market on of Date Sale Sales Price Size in Price Per Sq. Asphalt concrete plant and batch Sq. Feet Ft. Yes 72 06-15-16 $520,000 1,889 $275 27701 Loveland, Hopi Trail CO 80534•/ Indianhead 4406 Indigo Drive No 86 08-31-16 $535,000 1,863 $287 Severance, Casa Loma CO 80550/ containing Remarks: 47,045 These square two homes were constructed feet and 104,289 square in 2006 feet, and respectively. 2004, respectively. Each lot The is entitled homes are situated for similar single-family on lots rural estate home and outbuilding construction. However, the larger lot at Casa Loma creates an appealing amenity that typically commands a premium over a smaller butotherwise similar lot. The home in Indianhead features a superior outbuilding containing 960 square feet suitable for a two -car garage, which must be considered. However, a comparable home sale occurred in June of 2016 in the Indianhead Subdivision at 27570 Hopi Trail to the northeast of the first sale in this data set. The sale price was $289 per square foot for a house considered similar to 27701 Hopi of such. plant. Trail buyers This in but the data with market. set no large does Furthermore, not secondary support garage. not any all diminution It properties appears large in that value enough three due attached to for proximity secondary garage spaces outbuildings to the asphalt are adequate are and developed for concrete a degree with batch Foster Valuation Company LLC Page 46 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 14 i • Ai Wall. la 4 `•.mai ' .S • . E it • r `q r fir — , • -_ lc ter• .k —v Y el! �. " a�/�/' fir• �r �1�r. �' ■•14� - . -rte' rte. t' • 'airs Nif'.) 'r .. Yr F ♦ • _ .4 - 3--rm. S . Y • .6y v. j}iv art No sue., Y I r a . 1 0 y I tI .i1 II . 4411'41 27640 Hopi Trail Indianhead 1107 Cortez Way Casa Loma Foster Valuation Company LLC Page 47 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 14 Address/ Subdivision Proximity to Days Market on of Date Sale Sales Price Size in Price Per Sq. Asphalt concrete plant and batch Sq. Feet Ft. 27640 Hopi Trail Loveland, CO 80534/ Indianhead Yes 50 06 -30► -17 $525,000 2,163 $243 1107 Cortez Way Severance, CO 80550/ Casa Loma No 62 05-10-17 $499,000 2,594 $192 Remarks: These two homes are physically similar two-story homes with unfinished basements that were constructed in 2004 and 2001, which is a reasonably similar time period. The homes are situated on similar lots of between 41,684 and 43,557 square feet in size with good views. The home at 27640 Hopi Trail is an interior lot at the Indianhead Subdivision. However, it was chosen for analysis since it features more direct and elevated views of the Martin Marietta site to the southwest than many other homes in the neighborhood. The home at Casa Loma isconsidered to feature an inferior design, which is being considered. However, this data set does not support any diminution in value due to proximity to the asphalt and concrete batch plant. Foster Valuation Company LLC Page 48 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 15 27601 Hopi Trail Indianhead 1113 Corona Drive Casa Loma Foster Valuation Company LLC Page 49 Simon Contractors, Inc. Severance Facility Value Diminution Study PAIR 15 Proximity to Address/ Asphalt concrete and batch Days on Date Sales Size in Price Per Sq. Subdivision plant Market of Sale Price Sq. Feet Ft. 27601 Hopi Trail Loveland, CO 80534/ Indianhead Yes 61 1245-17 $610,000 1,863 $327 1113 Corona Drive Severance, CO 80550/ Casa Loma No 57 12-22-17 $530,000 1,582 335 Remarks: These two homes are physically very similar and were each constructed in 2002. The homes are situated on similar lots of between 43,560 and 52,272 square feet in size. The home in Indianhead features an outbuilding containing 779 square feet suitable for a two -car garage, which must be considered. However, these secondary garages typically contribute less to the overall value of a property than the cost to construct when adequate attached spaces are available. The home in Casa Loma lacked the secondary outbuilding but plans for one had been approved through the HOA. However, the home in Casa Loma features five bedroom, which could offset the lack of an outbuilding to a degree of buyers. This data set does not support any diminution in value due to proximity to the asphalt and concrete batch plant. Foster Valuation Company LLC Page 50 Simon Contractors, Inc. Severance Facility Value Diminution Study CERTIFICATION I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. 3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. 4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment.. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal consulting assignment.. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. I have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 12. As of the date of this appraisal consulting report, I have completed the requirements of the continuing education program of the Appraisal Institute. January 5, 2018 Date Nilichael A. Smith, MAI Colorado Certification K:6400036005 Foster Valuation Company LLC Page 51 Simon Contractors, Inc. Severance Facility Value Diminution Study QUALIFICATIONS OF MICHAEL SMITH Education B.S. Degree in Business Administration with concentrations in Real Estate Finance, and Commercial Real Estate, Colorado State University, 2007 Appraisal Institute Courses: Uniform Standards of Professional Appraisal Practice, Business Practices and Ethics, Basic Appraisal Principles, Basic Appraisal Procedures, General Appraisal Income Approach, General Sales Comparison Approach, Real Estate Finance, Statistics, and Valuation Modeling, General Appraiser Report Writing and Case Studies, General Appraiser Market Analysis and Highest and Best Use, General Appraiser Site Valuation and Cost Approach, Advanced Concepts and Case Studies International Right of Way Association Courses: SR/WA Comprehensive Exam, Principles of Land Acquisition, Principles of Real Estate Negotiation, Conflict Management, The Uniform Act, Principles of Real Estate Appraisal, Environmental Awareness, Property Management, Real Estate Law, Real Estate Engineering, Environmental Due Diligence and Liability, Property Descriptions, Right of Way Acquisition for Electrical Transmission Projects, and Alternative Dispute Resolution. Memberships and Designations Appraisal Institute: Designated Member (MAT) Certified General Real Estate Appraiser: State of Colorado, #CG 100036005 International Right of Way Association: Candidate for SR/WA Designation Professional Experience Foster Valuation Company: Associate, August of 2008 - Present Smith Investments: Acquisition Analysis, December of 2006 - August of 2008 Foster Valuation Company LLC Page 52 ADDENDUM 2 Page - Listing Report Page 31 of 46 ISCHO9L INFORMATION Elementary: Middle/Jr.: High School: School District: Irish Lincoln Poud re Poudre ILOT INFORMATION Lot SqFt: 23,885 Approx. Acres: 0.55 E1oc: PVREA Water: City of Fort Collins Gas: xeel PIN: Waterfront: No Water Rights: No Taxes/Yr: $3,442/2011 1st HOA: Solar Ridge $197 / A )(ter: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: res Water Meter Yes Well Permit*: 'RES MLS #: 693320 Price: $525,000 1340 Northern Ct, Fort Collins 80521 Type: Residential -Detached Status; Sold LOCATION INFORMATION Locale: Fort Collins Area/SubArea: 911 Subdivision: Solar Ridge Legal: LOT 4, SOLAR RIDGE 3RD FIL OLD INFORMATION Sold Date: 07/09/2013 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Robert Crow SO: Cardwell Banker Res -Ft Collins County: Larimer Sold Price: $525,000 DOM: 267 DTO: 227 DTS: 267 970-602-1724 970-223-6500 BUILDING INFORMATION Total SqFt All Lvls: 4042 ($130ISF) Total Finished SqFt: 3643 ($144/SF) Finished SqFt w/o Bsmt: 2030 ($259/SF) Upper Level SqFt: # Garage Spaces: 3 Garage Sq Ft: 902 Year Built: 1998 New Const: No Builder Basement SqFt: 2012 Lower Level SqFt: Main Level Sq Ft: 2030 Addl Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: Custom bOMMENTS Listing Comments: VERY MOTIVATED SELLER.MUST CLOSE BY 6-16This beautiful home features a bright, open, and inviting floor plan. Featuring hardwood oak floors (throughout), and large windows with mountain views. The kitchen is an entertainer's delight with solid granite counter tops, hand-crafted cherrywood cabinets, hardwood oak floors, and stainless steel appliances. The dining room features a large bay window and a built-in, hand-crafted cherrywood buffet. The main -level master suite includes a private patio. Broker Remarks: Too much to list in 500 words. The luxury spa bath with jetted tub, steam shower with dual shower heads, and a skylight. Main level also has two nicely sized bedrooms with over sized closets, powder bath and tiled full bath, and a combined mud-room{laundry featuring Italian tiled floor. Bring your clients to this beautiful home. One owner. First time on the market. LO: Cobblestone Realty For Showings: 888-229-2208 LA: Kevin Barrier Information deemed reliabie but not guaranteed. MIS cQnteni and images Copyright 1095-2015. IRES LLC_ AU rights reserved, http://www.iresis.cona/MLS/awaireportsilisting?reportName ToPage 6/18/2015 2 Page - Listing Report Page 32 of 46 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Stucco Roof: Composition Roof Association Fee Includes: Common Amenities, Trash, Management Outdoor Features: Patio Location Description: Wooded Lot, Evergreen Trees, Deciduous Trees, Native Grass, Level Lot Fences: Partially Fenced Views: Back Range/Snow Capped, Foothills View Lot Improvements: Street Paved Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 75%+Finished Basement, Walk -out Basement, Daylight Basement, Radon Unknown Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven Energy Features: Southern Exposure, Double Pane Windows, Set Back Thermostat Design Features: Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Wood Windows, Bay or Bow Window Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: Full Master Bath, Luxury Features Master Bath Fireplaces: Fireplace Insert OTHER: Utilities: Natural Gas, Electric WaterlSewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Owner's personal property LO: Cobblestone Realty Phone: 970-430-5150 Fax: 970-797-0777 BEDROOMS AND BATHROOMS Bedrooms: 5 Baths Bsmt Full 3/4 1/2 1 0 0 Baths: 4 Lwr Main Rough Ins: 0 0 2 0 0 0 0 0 1 0 Addl 0 0 0 Total 3 a 1 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom S Dining room Family room Great room Kitchen Laundry Living room Roc room Stu dy/Office got 490445> Level M M M B B Lem 16 12 12 13 21 M 12 B 31 M 21 M 17 M 13 B 24 S Wa kor da ar Width 15 12 11 12 13 10 21 17 13 9 14 Stonperest Dc Floor Carpet Carpet Carpet Carpet Carpet Wood Carpet Wood Wood Tile Wood paRnnrrG DIRECTIONS From Taft Hth Turn right onto Stonecrest Dr 0,6 mi Turn right onto Northern Ct Destination will be on the right LA: Kevin Barrier Phone: 970-310-3450 Email: Kevin@Kevin Barrier, cam Fax: 970-797-0777 TB: 3.00 BA: 3,00 Buyer Exol: No Contract: R For Showings: 585-229-2205 Min EM: $3,500 EM Recip: Stewart Title Lirn Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:15 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES L LC, All rights reserved http://www.iresis.com/MLS/awaireportsilisting?reportName—Two Page 6/18/2015 It.ECEPTION# : 20130051080, 07/03/2013 at 02:53:06 PM, 1 OF 1, R $11.00 State Documentary Fee $52.50 TD Pgs: 2 Angela Myers, clerk & Recorder, Larimer County, CO WARRANTY DEED State Doc Fee: $52.50 Recording Fee: $11.00 THIS DEED is dated the 2nd day of July, 2013, and is made between Penny A. Malsch (whether one, or more than one), the "Grantor"' of the County of Larimer and State of Colorado and David I. McLean and Melanie R. McLean the 'Grantees'', whose legal address is 1340 Northern Court, Fort Coffins, CO 50521 of the County of Larimer and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Five Hundred Twenty Five Thousand Dollars and No Cents ( $525,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any improvements thereon, located in the County of Lathier and State of Colorado described as follows: Lot 4, SOLAR RIDGE THIRD FILING, County of Larimer, State of Colorado also known by street address as: 1340 Northern Court, Fort Collins, CO 80521 TOGETHER with all and singular the hereditarnents and appurtenances thereto belonging, or in anywise appertaining, the reversions, 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 heredilaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor aid the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the enseali ng and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, 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 same are free and dear from ail former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sourer, except and subject to: General taxes for the year 2013 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 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off Record Title Matters) and Section 9 (Current 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 taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, if any And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, If any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. State of Colorado County of Larimer The foregoing instrument was acknowledged before me this 2nd day of July, 2013 by Penny A Malsch. . la."..4 Connie McKinney NOTARY PUBLIC STATE OF COLORADO Witness my hand and official seal, Mo ry Public Co ni Mcli ne My commission exp res: �', Stewart Title File Number. 11330-26492 921 JIT WARRANTY DEED (To Joint Tenants4 STCO Page 1 2 Page - Listing Report Page 33 of46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Irish Lincoln Poudre Poudre LOT INFORMATION Lot SqFt: 32,116 Approx. Acres: 0.74 Elec: Xcel Water: City of FTC Gas: Xcel PIN: 1386662 Waterfront: No Water Rights: No Taxes/Yr: $3,89612012 1st HOA: Solar Ridge 970-372-1335 $190 I A Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: Res Water Meter: Yes Well Permit #: IRES MLS #: 700809 Price: $599,950 1156 Saint Germain Dr, Fort Collins 80521 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Fort Collins ArealSubArea: 9/1 Subdivision: Solar Ridge Legal: Lot 4, BIk 3, Solar Ridge 1st County: Larimer SOLD INFORMATION Sold Date: 05/24/2013 Terms: CASH Down Prnt Assist: N Concession Type: None SA: Jill Glaser SO: REIMAX Alliance -FTC South Sold Price: $596,000 DOM; 85 OTO: 4 MS: 85 970-227-8084 976-226-3990 IOU PLOt NC INFORMATION Total SqFt All Lvis: 4453 ($134/SF) Total Finished SqFt: 2964 ($201/SF) Finished SqFt wlo Bsrnt: 2964 ($201/SF) Upper Level Sq Ft: 1432 # Garage Spaces: 6 Garage SqFt: 1700 Year Built: 1998 New Const: No Builder: Basernent SqFt: 1489 Lower Level SgFt: Main Level Sgft: 1532 Addl Upper Lvl: Garage Type: Attached SqFt Source: Model: COMMENTS Listing Comments: A Colorado Classic for the discriminating buyer. This custom upgraded home welcomes you to enjoy!A main floor study,walk-in pantry butlers pantry, phenomenal kitchen island & wood stove.The Ig deck boasts a gas stub -so you never run out of propanelA 17009E garage holds cars,toys,workshop,of?? Enjoy open space or mountain views from virtually every room! Home is tucked onto a 3 home Cul-de-sac outside city limits -where you can hear the birds,crickets & enjoy magnificent sunsets and starry nights. Broker Remarks: See disclosures under "Documents." See upgrades list under "Documents." LO: Coldwell Banker Res -Ft Collins For Showings: LO: (970)223-6500 LA: Dawn Mathis Information deemed reliable but not guaranteed. f ILS content and images Copyright 1995-2015 dl LS LLC. All nghts reseried, http://www.iresis.com/MLS/awairepons/listing?reporthame—Thro Page 6/18/2015 2 Page - Listing Report Page 34 of 46 I PROPERTY FEATURES EXTERIOR:: Style: 2 Story Construction: Wood Siding Roof: Composition Roof Association Fee Includes: Trash, Snow Removal, Common Utilities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Deck, Oversized Garage, Tandem Garage Location Description: Cul-De-Sac, Wooded Lot, Evergreen Trees, Deciduous Trees, Level Lot, Abuts Ditch, Abuts Private Open Space, House/Lot Faces W Fences: Enclosed Fenced Area Views: Foothills View Lot Improvements: Street Paved, Curbs, Sidewalks, Fire Hydrant within 500 Feet Road Access: County Road/County Maintained, Privately Maintained Road Surface At Property Line: Blacktop Road i INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement, Daylight Basement, Radon Test Available Heating: Forced Air, 2 or more Heat Sources Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Gas Range/Oven, Self -Cleaning Oven, Double Oven, Dishwasher, Refrigerator, Microwave, Central Vacuum, Laundry Tub, Gas Bar -B -Q, Garage Door Opener, Satellite Dish, Fireplace Tools Included, Disposal, Smoke Alarm(s) ,Energy Features; Southern Exposure, Double P tie Windows !Design Features: Eat -in Kitc'hen, Separate fniing Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Workshop, Pantry, Wood Windows, Stain latur&i Trim, Aialic.- n Closet Fire Alarm, Washer/Dryer Hookups, Wood Floors, Kitchen Island Master Bedroom/Bath: Luxury Features Master Bath, 5 Piece Master Bath Fireplaces: Freestanding Fireplace, Living Room Fireplace Disabled Accessibility: Level Lot, Level Drive, Width of Hallways 42" or more OTHER: Utilities: Natural Gas, Electric, Wood/Coal, Cable TV Available, Satellite Avail, High Speed Avail Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure, Home Warranty Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional LO: Caldwell Banker Res -Ft Collins Phone: 970-223-6500 BEDROOMS AND BATHROOMS Bedrooms: 3 Baths: 4 Rough Ins: 0 Baths Bsmt Lwr Main Addi Total Full 0 0 0 1 0 1 3/4 0 0 0 2 0 2 1/2 0 0 1 0 0 1 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom S Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Ls U U U 13 M 15 M 14 M 7 M 18 M 12 Shooting Star Ln Liberty Dr Width 18 23 11 Floor Wood Carpet Carpet 6 15 Wood 15 Wood 14 Wood 12 18 Wood 15 - DRIVING DIRECTIONS r Taft Hill N of Vine. West on Stonecrest_ South on St. Germain LA: Dawn Mathis Phone: 970-481-5263 Prepared By: Sue Foster -Jun 18, 2015 11:05:18 AM Information deemed ref iable but not guaranteed MLS content and images Copyright 1995-2015, IRES L LC. All rights reserved http ://ww, iresis1com/MLS/awalreports/I isting?reportName—T o_Page 6/18/2015 RECEPTION# : 20130039985, 05/29/2013 at 09:04:27 AM, 1 OF 2, R $16.00 State Documentary Fee $59.60 TD Pgs: 2 Angela Myers, Clerk & Recorder, Larimer County, CO THIS Julie (whether Glenn the State WITNESS, No conveys tenancy, Colorado Lot also the whatsoever appurtenances; Grantees, the Grantor inheritance, same liens, General recorded (Record distribution by accordance Buy special any: vacated Grantees, KEVIN 2004 the IN DEED Is M Pass one, or E. Johnson Grantees t of Colorado that Cents ( $596,000.00 and confirms all the described 4, Block 3, known by TOGETHER reversions, of TO HAVE and The Grantor, Grantees, is well in law, in manner taxes, assessments, taxes documents Title utility public with and Sell taxing And the Grantor street against WITNESS PAS. dated Living remainders, the the and for Matters) records Real district; or L.1V more whose the real Solar street with AND Grantees' for seized and easements Section alley, all as Grantor, the the and form the Estate shall WHEREOF, . the Trust and Grantor, property, and than legal unto follows: Ridge address all TO Grantor Grantees' of in fee year as of of the and if every G T 4 24th dated one), Jayne address for ), the the First and singular rents, either HOLD heirs the simple; as aforesaid; encumbrances 2013 reflected the which 8 2 relating benefits will any, UST day of January the "Grantor" A. Johnson is and in receipt Grantees together Filing, as: 1156 issues in law the and and the heirs premises and and in Contract (including, Grantee(s) (Off Record to WARRANT in the person the Grantor r DATED the assigns and quiet or May, 29, 1156 consideration and and with County St hereditamenis and or equity, said Grantor's and assigns: above has and that and subsequent the Title to Buy cable the above burdens and persons has JANUARY WARRANTY 2013, and is 2004 and of the County St Germain of the sufficiency the Grantees' any Improvements of Larimer, Germain profits thereof, of, in premises above forever. heirs that described; good right, the same restrictions years; Documents and Sell TV); those has actual Title Matters) described and THE TITLE peaceable lawfully executed 29, made Kevin of Drive, sum of which heirs Drive, and appurtenances and to bargained and assigns, at the has full power are free of whatever and accepted Real specifically knowledge and real of any AND DEFEND possession claiming this deed JULIE 2004 between Larimer of and thereon, State Fort and the time good, and those Estate Section recorded DEED Pass Living Trust and State Foil Collins, Five Hundred is hereby acknowledged, assigns forever, located of Colorado. Collins, CO thereto all the estate, above bargained and described, does covenant, of the ensealing sure, perfect, and lawful authority clear from kind or nature specific by Grantee(s) relating described and which 9 (Current property; inclusion declaration the above of the Grantees, the whcle or any on the date set M PASS --- P dated January of Colorado CO 50521 of Ninety Six hereby not in tenancy in the County 80521 belonging, right, title, premises, with the grant, bargain, and delivery absolute to great, all former and soever, except exceptions described in accordance to the above rights of were accepted Survey of the and party described premises, and part thereof. forth above. LIVING TRUST trre,.., and the interest, bargain, other described third Review) Property the _ or with and State Recording Thousand of in appurtenances, and by wall heirs DATED Doc 29, 2004 County of grants, bargains, in common Latimer anywise claim the hereditamenta and agree of these indefeasible sell and grants, bargains) subject by reference with Section real parties not Grantee(s) of the within agreements, but not and assigns JANUARY Fee: $59.60 Fee: $11 00 Larimer and Dollars and sells, but in joint and State of appertaining, and demand and unto the to end with presents, the estate of convey the sales) to: to 8.1 property; shown in Contract to any if any adjoining of the 29, Kevin Trustee ass Julie Trustee M. P ss Stewart Title File Number: 01330-21871 921 JT WARRANTY DEED (To Joint Tenants) STOP} Page 1 2 Page - Listing Report Page 29 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Irish Lincoln Poudre Poudre LOT INFORMATION Lot SqFt: 14,375 Approx. Acres: 0.33 Elec: )(eel Water: City Gas: XceI PIN: Waterfront: No Water Rights: No Taxes/Yr: $3,236/2010 1st HOA: Solar Ridge $197 I A Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: Res Water Meter Yes We l l Permit #: IRES MLS #: 687084 Price: $424,900 2323 Stonecrest Dr, Fort Collins 80521 Type: Residential -Detached Status: Sold Website: n iresiscornigcfrnIsf6B7084 LOCATION INFORMATION Locale: Fort Collins Area}Su bArea: 911 Subdivision: Solar Ridge Legal: Lot 4, Blk 2, Solar Ridge 1st County: Larimer ISOLD INFORMATION Sold Date: 08/28/2012 Terms: CONV FIX Down Pmt Assist: N Concession Type: CC Points PaidlSeller: 0 Total Concession Amt: $2,000 SA: Shelly Hill SO; Group Mulberry BUILDINGINFORMATION Sold Price: $419,500 DOM: 40 DTO: 7 DTS: 40 Points Paid/Buyer 0 970-221-0700 970-221-0700 Total SqFt All Lvls: 4106 ($102/SF) Total Finished SqFt: 3460 ($121/SF) Finished SqFt wlo Bsmt: 2071 ($203/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 700 Year Built: 1995 New Const: No Builder: Basement SqFt: 2035 Lower Level SqFt: Main Level SqFt: 2071 Addl Upper Lvl: Garage Type: Attached SqFt Source: Model: jCOMME Nit Listing Comments: Beautiful 4 bed, 3 bath ranch with 3 car garage. Stylish open kitchen with plenty of cabinets and counterspace. Newer, spacious finished basement with PERMITS. Passive solar home with awesome foothill views, cute outbuilding and recently remodeled 5 piece master bath. This wonderful home is easy to show and shows beautifully. LO: Group Centerra For Showinas: LO: (970)613-0700 LA: Gary Watterson information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLG. All righ1.s reserved_ http://www.iresis.corn/WILS/awaireportsilisting?reportName—Two Page 6/18/2015 2 Page - Listing Report Page 30 of 46 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame Roof: Composition Roof Association Fee Includes: Trash, Management Type: Zero Lot Line Outdoor Features: Lawn Sprinkler System, Storage Buildings, Patio Location Description: Level Lot Fences: Enclosed Fenced Area, Dog Run!Kennel Views: Back Range/Snow Capped, Foothills View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 50%+Finished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Bar Refrigerator, Microwave, Security System Owned, Garage Door Opener Energy Features: Southern Exposure Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Walk-in Closet, Washer/Dryer Hookups Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: City Water, District Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Sellers Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Hat rack off laundry room, gun safe LO: Group Centerra Phone: 970-613-0700 Fax: 970-667-7955 I BEDROOMS AND BATHROOMS Bedrooms: 4 Baths Bsmt Full 3/4 112 0 g g ROOM SIZES Baths: 3 Lwr Main 5 g g 2 0 1 Rough Ins: 1 5 0 g Add I 0 0 0 Total 2 0 1 i All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Gnat room Kitchen Laundry Living room Rec room Stu dy/Office Wa koncia Dr Leval M M M M M M M M B Lath 14 12 10 10 13 15 7 13 23 Width 13 11 11 13 15 16 6 16 19 r Shooting Star Ln r Floor Carpet Carpet Carpet Tile Carpet Tile Tile Tile Carpet i2 ,DRIVlNO DIRECTIONS t From Harmony go North on Taft, then West on Sionecrest. LA: Gary Watterson Phone: 970-513-0700 Email: gwattersan@thegroupinc.com Fax: 970-667-7955 TB: 3.00 BA: 3.00 Buyer Exci : No Contract: T For Showings; LO: (970)613-0700 Min EM: $5,000 EM Reci p: T I Lim Service; N Prepared By: Sue Foster - Jun la, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All lights reserved http://www.iresisicom/MLS/awaireportsilisting?reportName—Two Page 6/1 S/2015 RECEPTION#: 20120059581, 08/30/2012 at 02:45:05 PM, 1 OF 1, R $11.00 State Documentary Fee $41.95 TD Pgs: : 2 Scott Doyle, Larimer County/ CO WARkkNTY DEED State Doc Fee: S4 I.9t5 THIS DEED, is dated the 24th day of August, 2012, and is made between Recording Fee: $1 l.00 Matthew R. Langley and Debra S. Gibbons (whether one, or more than one), the "Grantor," of the County of Lnrirner and State ofColorado and J essacia K. Witt and Thlothy W. Johnson the "Grantees," whose legal address is; 2323 Stonecrest Drive, Pt. Collins CO 80521 of the County of Latimer and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( .5419,500.00 ) Four Hundred Nineteen Thousand Five Hundred dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but w.,joint tenancy, all the real property, together with any improvements thereon, located in the County of Lorimer and State of Colorado described as follows; Lot 4, Block 2, Solar Ridge First Filing, County of Lorimer, State ofColorado. also known by street and number as: 2323 Slonecrest Drive, Ft. Collins, CO 80521 TOGETHER with ail and singular the hereditantents and appurtenances thereto belonging, or in anywise appertaining, the reversions, 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 hereciitaments and appurtenances; TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantee4' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time a r the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasibleestate 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 same are free mid clear from all former and other grants, bargains: sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, eccept and subject to; general taxes for the year 2012 and subsequent years: and those specific exceptions described by reference to recorded documents arc reflected in the title Documents accepted by Grantccas) in accordance with Section 8.1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable: TV) those specifically described rights of third parties not shown by the public records of which Grrmtee(s) hus actual knowledge and which were accepted by Granters) in accordance with Section 8.2 (Matters. not shown 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 tax district; the benefit and burdens of any declaration and party wall agreements, if any. And the Grantor slat I and will WARRANT AND FOREVER DJ FEND the above -described premises, hut not any adjoining vacated street or alley, if iiny he quiet and peaceable possess ion of the Grantees, and the has and assigns of the Grantees, against all and every person Ir e� ons lawfully claiming the whole or and part thereof, g p iN WITNESS WJJI VR F F' tlr Grantor as executed this deed on 61i , bate set „E nth a Matthew R. Longicy, State of Colorado County of Larimer }ss: Debra S. Gibbons by attorney in fact. The foregoing iustniment was acknowledged beige me this 24th day of August, 2012 by Matthew R. LLongley, indiv id uall + and as attorney in fact for Debra S, Gibbons JENNIFER K. DE WIESE E NOTARY PUBLIC STATE OF COLORADO My Ccrnetiartorl Expires Witness it hand': a aatiimri c :coal, a - Notary public: 4nnicier . DeVricse My cornmism 1, Npires: December 2. 2013 Order Number: 97(48-C-3 Added 2trd Ender and roan and Tdcq N Na 92I A Rev, 1045 Warranty Decd 11 o Joint Tenants) Pap' of I 2 Page - Listing Report Page 27 of 46 O IIES ISCHOQL INFORMATION Elementary: Middle/Jr.: High School: School District: Irish Lincoln Poudre Poudre LOT INFORMATION Lot Sq Ft: 11 1512 Approx. Acres: 0.26 Elec: REA Water: City of FC Gas: Xcel PIN: 97044-24-016 Waterfront: Yes Water Rights: No Taxes/Yr: $2,44212010 '1st HOA: Solar Ridge Hoa $197 / A Xfer: Yes Rsrv: Yes Cov: Yes 2nd HGA: No Zoning: Res Water Meter: Yes Well Permit #: I RES MLS #: 647131 Price: $375,000 2439 Stonecrest Dr, Fort Collins 80521 Type: Residential -Detached Status: Sold Website: www.iresis.comtgo/mis/047131 ILoCATIQ N INFORMATION Locale: Fort Collins ArealSubAres: 9/1 Subdivision: Solar Ridge Legal: Lot 16, Solar Ridge 2nd Fil County: Larimer SOLD INFORMATION Sold Date: 03110/2011 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Erik Hardy SO: Group Mulberry Sold Price: $365,000 DOM: 1 Bg DTO: 141 DTS: 1B9 970-219-3472 970-221-0700 !BUILDING INFORMATION Total SqFt All Lvls: 3420 ($1 O7ISF) Total Finished SgFt: 2900 ($128/SF) Finished SciFt wlo Bsmt: 2175 ($166/SF) Upper Level SgFt: 900 # Garage Spaces: 3 Garage SgFt: 729 Year Built: 1996 New Const: No Builder: Basement SgFt: 1243 Lower Level SgFt: Main Level Sq Ft: 1275 Addl Upper Lvl: Garage Type: Attached SgFt Source: Other Model: COMMENTS Listing Comments: This desirable Solar Ridge corner lot home with 3 car garage was built to meet Passive Solar guidelines, The custom kitchen features slab granite, large island, gas range. Main level home office. Upstairs the large master suite offers foothills views off the private balcony and the 5 piece bath offers a spa like escape. Basement features 4th bedroom, family rec room with gas stove. Close proximity to Old Town and the bike path make this the perfect location and move in ready home County. ©IFtES CURES ems LO: Group Centerra For Showings: LO: (9701013-0700 LA: David Trujillo h icatr,` .ati ari ceemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC.. AU rights reserved_ http://www.iresis.corn/MLS/awaireportsilisting?reporthame Two _Page 6/18/2015 2 Page - Listing Report Page 28 of 46 PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood}Frame Roof: Composition Roof Outdoor Features: Lawn Sprinkler System, Patio, Deck Location Description: Corner Lot, Level Lot Fences: Enclosed Fenced Area Views: Foothills View INTERIOR: BasomentlFoundation: Full Basement, 5g%+Finished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: VAndow Coverings, Gas Range/Oven, Down -draft Range, Double Oven, Dishwasher, Refrigerator, Microwave Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings Fireplaces: Gas Fireplace, Living Room Fireplace, Family/Recreation Room Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By; Owner Occupied Possession; 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: Group Centerra Phone: 970-613-0700 Fax: 970-667-7955 BEDROOMS AND BATHROOMS Bedrooms: 4 Baths: 3 Rough Ins: 1 Baths Bsmt Lwr Main LIE Addl Total Full 0 0 0 2 0 2 3/4 0 0 0 0 0 1/2 0 0 1 0 0 0 1 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office 4 Head Wita' CD r r rb Level U U U B Leno h 16 13 12 17 f1 15 B 21 M 19 M 7 M 21 M 13 Wakcnda Or Width 15 11 10 15 Floor Carpet Carpet Carpet Carpet 11 S 15 Carpet 15 Tile 5 Tile 15 Carpet 13 Carpet Shooting Star In Liberty Dr ce ea DRIVING DIRECTIONS From Taft Hill and Vine, north to Stonecrest, west to property. LA: David Trujillo Phone: 970-222-0340 Email: dmtrealty@camcast.net Fax: 970-667-7955 TB: 3.00 BA: 3.00 Buyer Exel: No Contract: T For Showings: LO: (970)613-0700 Min EM: $3,000 EM Recip: The Group Inc. Real Estate Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:15 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http ://vav. ires is room/ILL 1a aJreports/listing?rcportName T o_Page 6/18/2015 RECEPTION#: 20110050775, 08/22/2011 at 02:29:18 PMr 1. OF 1, R $11.00 State Documentary Fee $36.50 TD Figs: 2 Scott Doyle, Latimer County, CO WARRANTY DEED THIS DEED, is dated the 10th day of August, 2011, and is made between Mark W. Richtermeyer (whether one, or more than one), the "Grantor," of the County of Lorimer and State of' Co l o rado and Robert Clark and NehaIem Clark State Doe Fee: $36.54 the "Grantees," whose legal address is: 2439 Stonecrest Drive, Fort Collins CO 84521 of the County of Laritner and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( $365,000.00) Three Hundred Sixty Five Thousand dollars Sad Zero genes, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any improvements thereon, located in the County of Lar'irner and State of Colorado described as follows: Lot 16, Solar Ridge Second Filing, According to the Plat recorded June 13, 1995 at Reception No, 95033304, County of Larimer, State of Colorado. also known by street and number as: 2439 Stonecrest Drive, Fort Collins, CO 80521 TOGETHER with all and sitlgular the hereditanients and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and aill 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 bereditaments and appurtenances; TO HAVE AND TO BOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Geantces' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ens ling and delivery of these -presents, the Grantor is well seized of the premises above described; has good, sure, 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 smite in manner and form as aforesaid; and that the same are free sad clear from Ml former and other grants, bargains, sales, liars, taxes, assessments, encumbrances and re-strictions of whatever kind or nature soever, except and subject to: genenil taxes for the year 2G1 1 and subsequent }years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee()) in accordance with Section Si (Title Review) cif the Contract to Buy and Sell Real Estate relating to the. above described proper; distribution utility eascrncnia (including cattle TV); those specifically described rights of third parties not shown by the public records of which teels) has actual knowledge and which were accepted by Grantee(s) in accordance with Section S. (Matters not shown by the Public Records) and Section 8) (Survey Review) of the Contract to Huy and Sell Real Estate relating to the above described reul property, inclusion of the property within any special tax district; the benefit and burdens of any declaration and party wall agreements, if any And the Grantor shall and will WARRANT AND FOREVER DEFEND the above -described promises, but nor any adjoining vacated street or affey, if any, in the quiet and peaceable possession of the Grantees, and the helm and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof, IN WITNESS W'HEREOF, the Grantor has executed this deed on the date set forth above. fi 16/1 Mark W. Ric titermcyer State of Colorado County of Latimer The foregoing instrument was acknowledged before me this 10th day of August, 2011, by Mark W, Richtenineyer is sire —ti.,,_ 4►° et al dlicarre milm den at art drni TONVA 16.1000 fc NOTARY PUBLIC STATE Of COLO'Fi +! 0 lir arra osa.., a easifreardfre my di d Commission E%.Ptites 0712 'lla T Nola n.d ,' . bile: Tanya Brigham My corauni,iom expires: July 24, 2013 Order Number: 94774-C-1; Changed lender and Loan amount Added mortgage broke No 92 I A Rev, 10-05 Warranty DetA (To Joint Tenants) Page J of 2 Page - Listing Report Page 25 of 46 SCHOOL INFORMATION Elementary: Midd Ie/J r.: High School: School District: Olander Blevins Rocky Mountain Poudre LOT INFORMATION Lot SgFt; 11,894 Approx. Acres: 0.27 Elect: City of FTC Water: FTC/Loveland Gas: Xcel PIN: Waterfront: No Water Rights: No TaxesiYr: $208512012 1st HOA: No 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: IRES MLS #: 703077 Price: $524,500 2912 Skimmerhorn St, Fort Collins 80526 Type: Residential -Detached Status: Sold 'LOCATION INFORMATION Locale: Fort Collins Area/SubArea: 9/5 Subdivision: Quail Ridge Legal: Lot 2, Bums Ranch at Quail Ridge Sub, 2nd Filing, FTC County: Larirner ISOLD INFORMATION Sold Date: 06/20/2913 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Dave Muth SO: Group Harmony Sold Price: $513,000 DOM: 85 DTO: 52 DTS: 85 970-481-5963 970-229-0700 IBUILDING INFORMATION Total SciFt All Lvls: 3830 ($134/SF) Total Finished SqFt: 3430 ($1501SF) Finished SqFt w/o Bsmt: 3430 ($153/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 714 Year Built: 1994 New Const: No Builder: Jensen D Homes Basement SqFt: Lower Level SgFt: 1898 Main Level SgFt: 1932 Addi Upper Lvi: Garage Type: Attached Sg Ft Source: Other Model: COMMENTS Listing Comments: Beautiful ranch style home overlooking the city & backing to acres of open space. Open floor plan, custom cabinets, & soaring great room ceiling with fireplace & custom mantle. Main level office with french doors. Oversized 3 -car garage & two large decks, one hot tub ready. Hardwood floor entry room & kitchen with built in island. Built in bar. Covered storage under deck. large storage rooms with shelves in lower level, Hiking trai s and recreational facilities within short walking distance. LO: Coldwell Banker Res -Ft Collins For Showiri;s: CSS: 970-663-7469 LA: Nick Whitworth Information deemed reliable but not guaranteed. MILS content and image Copyright 1995-2015, IRES LLC All rights reserved http://www.iresis.cor/ILLS/awa/reports/iisting?reportNarne=Two_Page 6/18/2015 2 Page - Listing Report Page 26 of 46 [PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer, Composition Siding Roof: Composition Roof Outdoor Features: Lawn Sprinkler System, Balcony, Patio, Deck, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Native Grass, Sloping Lot, Abuts Public Open Space, Abuts Private Open Space, House/Lot Faces W, Within City Limits Views: Foothills View, City View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light, Fire Hydrant within 500 Feet Road Access: City Street Road Surface At Property Line: Blacktop Road 1 INTERIOR: Basement/Foundation: 75%+Finished Basement, Walk -out Basement Heating: Forced Air, Humidifier Cooling: Central Air Conditioning Inclusions: Wndow Coverings, Electric Range/Oven, Self - Cleaning Oven, Double Oven, Dishwasher, Bar Refrigerator, Microwave, Jetted Bath Tub, Central Vacuum, Security System Owned, Laundry Tub, Garage Door Opener, Satellite Dish, Disposal, Smoke Alarm(s) Energy Features: Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Wood Windows, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Skylights, Wood Floors, Kitchen Island Master Bedroom/Bath: Full Master Bath, Tub+Shower Master, Luxury Features Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Great Room Fireplace Disabled Accessibility; Level Drive, Interior Door Openings 32" Or more, Exterior Door Openings 36" or more, Main Floor Bath , Main Level Bedroom , Stall Shower OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail Water/Sewer: City Water, City Sewer Ownership: Licensed Owner Occupied By: Vacant not for Rent Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing1Lending: Cash, Conventional, FHA, VA, Short Sale Pending Lender Approval EXCLUSIONS: Exclusions: Pool table, Although seller will consider leaving as part of negotiated deal. BEDROOMS AND BATHROOMS Bedrooms: 4 Baths Full 3/4 0 1/2 Baths: 3 Bsmt Lwr MainLIE g 1 2 0 0 3 0 0 0 0 0 Rough Ins: g Add' g a a Total 3 0 0 ROOM SIZES All Bedrooms Ram Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level Lenfl h M 16 M 11 L 16 L 16 M 11 M M M L M 20 20 14 Width 15 11 11 11 Floor Carpet Carpet Carpet Carpet 13 Carpet 17 15 6 37 20 13 12 crenFrri cr C Otto n wood Glen Park 0 • Carpet Wood Laminate Carpet Carpet 0 s C DRIVING DIRECTIONS West on Drake, South on Overland Trail. First right is Skimmerhorn. rn. Property on left. LO: Caldwell Banker Res -Ft Collins LA: Nick Whitworth Phnine. Phncw. q7f-777-Rflic, Prepared By: Sue Foster -Jun 1 B, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http://www.iresis.corn/MLSiawakeportsilisting?reportNarne Two_Page 6/18/2015 RECEPTION#: 20130052188, 07/09/2013 at 02:26:08 PM, 1 OF 1, R $11.00 State Documentary Fee $51.30 TD Pgs: 2 Angela Myers, Clerk & Recorder, Larimer County/ CO WARRANTY DEED ` lirS DEED, made this 20th day of June, 2013, between ROBERT K. JONES AND PAMELA A. JONES of the County of LARIMER, State of Colorado, grantor(s), and BARRY JOHNSON AND JANE F. POLLOCK whose legal address le 2912 SKiMMERHOIRI1 STREET, Fort Collins, CO 80526 of the County- of LARIMER , State of Colorado, grantee(s) RECORDER'S STAMP GUARDIAN TITLE FILE # � State Doe Fee; 851.30 WITNESS, that the grantor(s), for and in consideration of the sum of Firm Hundred Thirteen Thousand and 00110H3, 4513,000.00) the receipt and sufficiency of which Is hereby acknowledged, have/has granted, bargained, sold and conveyed, and by these presents do(es) grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy it common but in joint tenancy, al? the real property together with improvements, if any, situate, tying and being in the County of LARIMER, State of Colorado, described as follows: LOT 2, BURNS RANCH AT QUAIL RIDGE SUBDIVISION SECOND FILING, ACCORDING TO THE PLAT RECORDED JUNE 17, 1993 UNDER RECEPTION NO. 9304.0152, COUNTY OF LARD MER, STATE OF COLORADO. also known by street and number as 2912 SKJMMERHORN STREET, FORT COLLINS, CO 80526, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or rri anywise appertaining, 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(s), either in law or equity, of, in, and to the above bargained premises, with the hereditarrients and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever, And the grantor(s), for him/herself, its/their heirs and personal representatives do(es) covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and daaivery of these presents are well seized of the premises above conveyed, have/had good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and havelhad good right, full power and lawful authority to grant, bargain, sell and convey the same In manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR AND SUBSEOUENIT YEARS, EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS -OF -WAY OF RECORD IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE I NSURAN10E COMMITMENT NO. 7312-10473A ISSUED BY GUARDIAN TITLE AGENCY, LLC. The grantor(s),shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession of the grantees,'their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS UVREREOF the grantor(s) havefhad executed this deed on the date set forth above. stA) FtOS PT It. }Co n V. -Z444 tdA Cato lioe0 ae AM'ELAA. JONES' BY ROBPR" K JONES HER ATTORNEY IN FACT V STATE OF COLORADO County of LARIMER }ss. dL The foregoing instrument was acknowledged before me this 201h day of June, 2013, by ROBERT K. JONES INDIVIDUALLY AN AS ATTORNEY iN FACT FOR PAMELA A. JONES. ,Ditarn My commission N N�' ,r a 20__, Witness my $n►J and official ae : I, 2580 ESAT HARM �'a, 1��►' .: i ' 201, FORT COLLINS, CO 80$28 itte Q N' . ry rtatitic �► r,-"'" '*" v'i'sa X15 Guardian Title #7312-10473A (I 36-35-105, C.R 6 ) Warranty Dee d - J nl nt Th runt Larimer County Assessor Property Information Page 1 oft Assessor Property Information General Information Parcel Number: 97291-08-019 Tax District: 1102 Property Tax Year: 2015 Owner Name & Address FOSHEE HILARY G 3207 NESBIT CT FORT COLLINS, CO 80526 Schedule Number: R1376667 Current Mill Levy: 92.719 Property Address 3207 NESBIT CT FORT COLLINS 80526-0000 Subdivision 4: 17322 - BURNS RANCH AT QUAIL RIDGE Neighborhood : 19722 Legal Description: LOT 19, BURNS RANCH AT QUAIL RIDGE SUB, 2ND FIL, FTC Sales Information Click a Sale Date to recorded document details or Reception No, to view the document. Sale Date Reception No. 04/04/2013 05/25/2012 09/01/1994 03/01/1994 Value Information 20130076013 20120034911 94075282 94019428 Abstract Code /Description 1219L Single Family Residence Value Type Land 1219 Single Family Residence Improvement Totals: Building Improvements Building ID: Property Type: Built As: Occupancy: Year Built: Year Remodel: Quality: 001 Residential 2 Story Single Family Residential 1994 Good Sale Price Deed Type Actual Value $80,000 $445,900 $525,900 $515,000 Warranty Deed $0 Quit Claim Deed $219,100 Warranty Deed $50,500 Warranty Deed Assessed Value $6,370 $35,490 $41,860 Net Acres Net Sq Ft 0.27 11,876 0.00 0 0.27 11,876 Property Attributes & Descriptions Attribute Attribute Description Land Topography/Shape Topography/Shape Standard Level Culdesac Building Detail Type & Description Detail Description Units h p:// .larimer.or assessor/query e .il.cfm?PropertyType a.r' Residential BuildingI... 6/8/2015 Latimer County Assessor Property Information Page 2 of 2 Condition: Class Descr: Exterior: Interior: Heat Roof Type: Roof Cover: Foundation: Rooms: Bedrooms: Baths: Units; Unit Type: Stories: Total Sq Ft: Condo Sq Ft: Bsmt. Sq Ft: Bsmts Fin. Sq Ft: Average Frame Siding Drywall Central Air to Air Gable Composition Shingle Concrete 7 3 3.00 1,00 2.08 Add On Appliance Appliance Appliance Appliance Appliance Appliance Basement Fixture Fixture Fixture Fixture Fixture Fixture 2662 Fixture Garage 1548 Porch Porch Rough In Rough In Sprinkler System Dishwasher Fireplace Single Garbage Disposal Jennair Cook Top Microwave with Fan Wall Oven Bsrnnt Conc 8 ft Bathtub Jetted Bathtub Standard Shower Sink Bathroom Sink Standard Toilet Water Heater Attached Open Slab Wood Roof Laundry Hook Up Rough In 5938 1 1 1 1 1 2 1548 1 2 1 4 1 3 1 448 836 662 1 1 http ://ww.lari aer.org/assessor/query,Detail.cfrn?Propert T e ' Residential BuildingI... 6/8/2015 RECEPTION# : 20130026013, 04/05/2013 at 10:35:19 AM, 1 OF 1, R $11.00 State Documentary Fee $51.50 TD Pgs : 2 Scott Doyle, Larirner County, CO WARRANTY DEED THIS DEED, Made this 4th day of April, 2013 between CSri Nevada, LLC, a Nevada limited liability company of the City and County of Lari mer, State of Colorado, grantor and Hilary G Poshee whose legal address is; 3207 Nesbit Court Fort Collins, CO 80526 of the County of Lorimer, State of Colorado, grantee: W1TNESSETi-], That the grantor for and in consideration of the sum of Five Hundred Fifteen Thousand Dollars and No/100's ($515,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forewew, all the real property together with improvements, if any, situate, lying and being in the County of Weimer, incr, and State of COLORADO, described as follows: Lot 19, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING, County of Lai inner, State of Colorado. Doe Fee s ass) also known by street and number as 3207 Nesbit Court , Fort Collins, CO 80526 TOGET'I-IER. with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the ieveision sign and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself', his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his hells and assigns, that at the time of the ensealing and delivery of these presents, he is ',veil 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 lawfulauthority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from ail former and other giants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 "Title Review", of the contract dated November 20, 2012, between the parties. The grantor shall and will WARRANT AND FCT .VER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole en any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender she li be applicable to all genders, 1N WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLER: �F f�l `w'ar 1i4 j a �fc ad limited liability company ay; • nil i lc , Manager STATE OF COLORADO COUNTY OF Lorimer The foregoing instrument was acknowledged before me this 4th r< ;r of April, 2013 by Gail Pickett as- Mnnr r foi CS P Nevada, LitC, a Nevada limited liability company Car Witness my hand and official sea`..pea, yes cr My Commission expires: 4� Cie ;06vIt l .ai'eee 4 f� i ii ,�CA P:a .�i WDPHO'1 O Warranty Deed (For PhotographicRecord) updated 1 /2006 }ss: ublic 1Fi le No, F043130 2 Page - Listing Report Page 11 of 46 ©IRES I SCHOOL INFORMATION i Elementary: Middlef,Jr.: High School: School District: ILOT INFORMATION Olander Blevins Rocky Mountain Poudre i Lot SqFt: 13,775 Approx. Acres: 0.32 Elec: City Water: FTC/Lou Gas: Xcel PIN: Waterfront: No Water Rights: N c Taxes/Yr: $3,301/2010 1st HOA: No 2nd HOA: No Zoning: Res Water Meter: Yes Well Permit#: IRES MLS it: 685396 Price: $529,900 3213 Nesbit Ct, Fort Collins 80526 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Fort Collins Area/S ubArea: 9/5 Subdivision: Burns Ranch at Quail Ridge Legal: TBD from Title Commitment County: Larimer SOLD INFORMATION Sold Date: 08/30/2012 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Todd Spiller SO: Spiller Realty Services Sold Price: $507,000 DOM: 03 DTO: 33 DTS: 63 970-218-0520 970-210-0526 BUILDING INFORMATION Total SqFt All Lvls: 4036 ($126/SF) Total Finished SqFt: 3524 ($144/SF) Finished SqFt wto Bsmt: 2724 ($186/SF) Upper Level SqFt: 1072 # Garage Spaces: 2 Garage SqFt: 572 Year Built: 1995 New Const: No Builder: Basement SqFt: 1312 Lower Level SqFt: Main Level SqFt: 1652 Addl Upper Lvl: Garage Type: Attached SqFt Source: Prior Appraisal Model: Listing Comments: Privacy Abounds in this home on a cul de sac backing to the Pineridge Natural Area! Open concept & ample light are inviting throughout. A cooks delight- sizeable kitchen & dining rm overlook the lush yard & features granite, stainless appliances, breakfast bar, island & enviable pantry. 2 decks to Entertain or Relax on. The separate office space is perfect for an in home business/office. Highlights; FINISHED Bsmt, AC, fireplace, sprinkler, NEWER windows & roof. By Spring Canyon Park & Foothills. Broker Remarks: Basement sq ft for disclosure is pulled from the assessor and public records. Sq ft in MLS is based on prior appraisal. To the best of the sellers knowledge 800 sq ft is full basement ceiling height and the rest in public records is crawl space. Seller estimates 512 sq ft is finished and the remaining 288 sq ft is unfinished. Information is deemed reliable/not guaranteed, if square footage is important to the buyer they must verify on their own_ tai Fc elS @ IRES IRES ©IRES 0 IRES LO: CoIdwell Banker Res -Ft Collins For Showings: LO: (970)223-6500 LA: Carrie Holmes Information deemed reliable but not cuarantioed MLS content and images Copyright 1995-2015. IRES LLC. Ad rights reserved. http://www.iresis.cornMALS/awaireports/listing?reportName—Two Page 6/18/2015 2 Page - Listing Report Page 1.2 of 46 PROPERTY FEATURES EXTERIOR: Style: 3 Story Construction: Stucco Roof: Composition Roof Type: Legal, Conforming, Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Deck Location Description: Cul-De-Sac, Sloping Lot, Abuts Public Open Space, House/Lot Faces NE, Within City Limits Views: Foothills View, City View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks Road Access: City Street INTERIOR: Basement/Foundation: Partial Basement, 9D%+ Finished Basement Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Gas Range/Oven, Dishwasher, Clothes Washer, Clothes Dryer, Garage Door Opener, Disposal, Smoke Alarm(s) Energy Features: Southern Exposure, Double Pane Windows Design Features: Separate Dining Room, Cathedral/Vaulted Ceilings} Open Floor Plan, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors, Kitchen Island, Media Room Master Bedroom/Bath: Full Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric Wate rlSewer: City Water, District Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Refrigerator in garage INCLUDED Refrigerator in kitchen NEGOTIABLE. LO: Coldwell Banker Res -Ft Collins Phone: 970-223-6500 Fax: 970-223-6933 BEDROOMS AND BATHROOMS Bedrooms: 5 Baths Full 314 1/2 Bsmt 0 1 0 Baths: 4 Lwr 0 0 0 Main 0 1 0 Rough Ins: 0 LIE 2 0 0 Addl 0 0 0 Total 2 2 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 6 Bedroom 6 Dining room Family room G reat room Kitchen Laundry Living room Roc room StudylOffice 0 Pi neridge natural Area Level Ler�tth Width Floor l.a 18 U 14 U 14 B 12 M 12 M 14 B 15 M 21 M 11 M 15 M 14 Q 13 Carpet 12 Carpet 12 Carpet 11 Carpet 11 Carpet 12 Wood 15 Carpet 16 Wood 7 Tile 14 Carpet s 12 Carpet t Dr Cotton wood Glen Park • DRIVING DIRECTIONS From Drake & Overland- S on Overland, Rt on Skimmerhorn, Rt on Nesbit LA: Carrie Holmes Phone: 970-988-0242 Email: CaloradoDreamHome@grrtail.com Fax: 070-223-6033 TB: 3.00 BA: 3.00 Buyer Excl: : No Contract: R For Showings: LO: (970)223-6500 Min EM: $5,000 EM Recip: Guardian Title Lim Service: N Prepared By: Sue Foster - Jun 18, 2016 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved hap://www.ires is, COm/ML /awe/rep orts/I isting?rep ortName—Two_Page 6/18/2015 RECEPTION#: 201 0062299, 09/11/2012 at 12:17:09 PM, 1 OF 1, R $11.00 State Documentary Fee $50.70 TD Pgs: 2 Scott Doyle, Larimer County, CO WARRANTY DEED THIS DEED, made this 30th day of August, 2012, between JAMES L. LONG AND JEAN M. LONG of the County of LARIMER, State of Colorado, grantor(s), and PETER J. MOHR AND GINA S. MOHR whose legal address is 3213 NESBIT OOUIRT, Fort Collins, CO 80526 of the County of LARRIAER , State of Colorado, grantee(s) RECORDER'S STAMP Stale Doc Fee: $5070 WITNESS, that the grantor(s), for and in consideration of the sum of Five Hundred Seven Thousand and OO 1 ga, ($507,0OO.00} the receipt and sufficiency of which is hereby acknowledged, have/has granted, bargained, sold and conveyed, and by these presents do(es) grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property together with Improvements, if any, situate, lying and being in the County of LARIMER, State of Colorado, described as follows: LOT 20, BURNS RANCH AT QUAIL RIDGE SUBDNISION, SECOND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. also known by street and number as $213 NESBIT COURT, FORT COLLINS, CO 80528, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tide interest, claim and demand whatsoever of the g ranlor(s), either in law or equity, of, in, and to the above bargained premises, with the heredtta manta and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever, And the grantor(s), for him/herself, Its/their heirs and personal representatives do(es) covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the lime of the ensealing and delivery of these presents are well seized of the premises above conveyed, have/had good, sure, perfect absolute and indefeasible estate of inheritance, in law, In fee simple and .have/had good right, full power and lawful authority to grant„ bargain, sell and convey the same In manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sower, EXCEPT FOR TAXES FOR THE CURRENT YEAR AND SUBSEQUENT YEARS, EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS -OF -WAY OF RECORD IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO, 7312-06417 ISSUED BY GUARDIAN TITLE AGENCY, LLC. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees; their heirs and assigns, against all and every person or persons (awfully claiming the whole or any part thereof. IN WITNESS WHEREOF the grantors) have/had executed this deed on the date set forth above. STATE —GE COLORADO County of LARIMER The foregoing instrument was acicn My commission expires: 14CaminitoExpkis i e this 30th day of August, 2012, by JAMES L. LONG AND JEAN M. LONG. 702 W. Drake Rued, Bldg A, Fart coins, CO $0526 Guardian Title #7312-08417 (..7 38-35405, CAI i.$.) Warranty Deed ma Joint Tenants 2 Page - Listing Report Page 13 of 46 SCHOOL INFORMATION ,LOT INFORMATION r Lot SqFt: 13,775 Approx. Acres: 0.32 Elec: City of FTC Water: FTGILVLD Gas: )(eel PIN: 97291-DB-022 Waterfront: No Water Rights: No Olander Blevins Rocky Mountain Poudre Zoning: RES Water Meter: Yes Well Permit #: Taxes/Yr: $3,775.52/2010 1st I-IOA: No 2nd HOA: No IRES MLS #: 659212 3218 Nesbit Ct, Fort Collins 80526 Type: Residential -Detached Website: www.iresis.comicoimls/659212 Lt.CAT[ON INFORMATION Price: $530,000 Status: Sold Locale: Fort Collins County: Larirner Area/SubArea: 9/5 Subdivision: Burns Ranch at Quail Ridge Legal: Lot 22, Burns Ranch at Quail Ridge Subdivision Second Filings County of Larimer., State of Colorado. SOLDI INFORMATION Sold Date: 08115/2011 Terms: CCNV FIX Down Pmt Assist: N Concession Type: None SA: Bra ndon Teeples SO: The TC Group, LLC BUILDING. INFORMATION Sold Price: $520,000 DOM: 55 DTO: 26 DTS: 55 970-213-2692 970-776-3305 Total SciFt All Lvls: 4484 ($116 SF) Total Finished SciFt: 4389 ($118/SF) Finished SciFt wi'o Bsmt: 2918 ($178/SF) Upper Level SciFt: # Garage Spaces: 3 Garage SciFt: 645 Year Built: 1995 New Const: No Builder: Basement SqFt: 1566 Lower Level SqFt: 1299 Main Level SqFt: 1619 Addl Upper LvI: Garage Type: Attached Sg Ft Source: Other Listing Comments: Backing to the Pineridge Natural Area this home is a knockout w/ wildlife spottings. Trex decking leads you to the sunken hot tub & gorgeous landscaped yard that opens to the natural area. Gourmet kitchen wog ranite , island & desk area Family rm offers 2 story beautiful custom rock wall fireplace. Upstairs is the master suite & open loft area w12 more bdrms & bath_ Garden level basement has just been finished w/L shape family room, bdrmloffice & 3/4 bath. New hail proof roof w/lifetime warranty MIRES IRES ©IRES ail IRES LO: Group F-Iorsetooth For Showings: LO: (970)223-0700 LA: Tami K Spaulding Information deemed reliable but not guaranteed MLS content and images Copyright 1995T2015, IRES LLC All rights reserved ht-tp://wvvrw.iresis.com/MLS/awaireportsilisting?reportName=Two _ Page 6/18/2015 2 Page - Listing Report Page 14 of 46 PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Outdoor Features: Lawn Sprinkler System, Deck, Hot Tub Included, Oversized Garage Location Description: Cul-De-Sac, Evergreen Trees, Deciduous Trees, Native Grass, Abuts Public Open Space, House/Lot Faces E Views: Foothills View Lot Improvements: Street Paved Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 90%+ Finished Basement, Daylight Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Ovens Self - Cleaning Oven, Dishwasher, Refrigerator, Microwave, Garage Door Opener, Disposal Energy Features: Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Flan, Pantry, Walk-in Closet, Loft, Washer/Dryer Hookups, Wood Floors, Kitchen Island Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: 2+ Fireplaces, Gas Fireplace, Family/Recreation Room Fireplace OTHER: Utilities: Natural Gas Water/Sewer: City Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional LO: Group Horsetooth Phone: 970-223-0700 Fax: 970-223-2999 [BEDROOMS AND BATHROOMS Bedrooms: 5 Baths Full 3/4 1/2 Bsmt 9 1 0 Baths: 4 Lwr Main 1 0 0 Rough Ins: 0 Addl Total 2 0 0 0 0 0 0 0 3 1 Q ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 6 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Roc room Study/Office 6 Pineridge Na to ral! Area Level u U U M B M M M M U Leneth 18 12 11 12 23 14 29 17 11 15 12 Q Width 13 11 11 11 15 11 32 14 16 7 13 INN 14 Floor Carpet Carpet Carpet Carpet Carpet Carpet Carpet Wood Vinyl Carpet Carpet Zee a' estrit Dr Cottoriwwi Glen Park • DRIVING DIRECTIONS From Drake & Overland, South on Overland, right on Skimmerhorn, right on Nesbit Court to property. LA: Ta mi K Spaulding Phone: 970-223-0700 Email: tspaulding@thegroupinccom Fax: 970-223-2999 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings; LO: (970)223-0700 Min EM: $5,000 EM Recip: The Group Inc. Ling Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http ://ww,iresis.com/ML /awalreports/list1ng?reportName—T o Page 6/18/2015 RECEPTION#: 20110049988, 06/18/2011 at 09:12:35 AM, 1 OF 1, R $11,00 State Documentary Fee $52,00 TD logs: 2 Scott Doyle, Larimer County, CO WARRANTY DEED THIS DEED, is dated the 15th day of August, 2011, and is made between Jeffrey G. Park and Joy L. Park (whether on; or more than one), the "Grantor," of the County of Larimer and State of Colorado, and Kenneth B. Allen State Doc Fee; S52.00 Recording Fee; El IMO (whether one, or mote than one), the "Grantee," whose legal address is; 52 IS Nesbit COWL, Fort Collins CO 80526 of the County of Larimer and State o f Co lorado WITNESS, that the. Grantor, for and in consideration of the sum of ( S520,000.00 ) Five Hundred Twenty Thousand dollars anti Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Latimer and State of Colorado described as follows: Lot 22, Burns Ranch at Quail Ridge Subdivision Second Filing, County of Larimer, State of Colorado, also known, by street and number as: 3218 Nesbit Court, Foil Collins, CO 80526 TOGETHER with all and singular the heredlttrneats and appurtenances thereto belonging, or in anywise appertaShing, the recessions, remisinders, reties, 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 and the Grantee's heirs and assigns forever. the Grantor. For the Urentor and the Grantor's heir and assigns, dues covenant, grant, bargain, and agree to arid with the Grantee, and the irantee's he ire and assigns, that at the fume. of the ense Ling and delivery of these presents, the Grantor is well seized or the prcaii cr s above described, has good. sure, perfvel1, absolute and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power and lcwful ralhurity to gran, bargain, sell and .eonvey the same in manner and form as afotesaids, and that the same are free and clear &urn all former and other grants, bargains, sates, liens, taxes, assessment; encumbrances and restrictions ofwhatever kind or nature soever, except and subject to: gt viral le= for the you 2011 mind sutr5'qulern years: and thaw specific exceptions described ribed by rtfermice to regarded doeumen0 as sSicritic Review) or the Contract to Buy and Sell Rtnl reflected ikr the Mlle Documents' ��rv�cprr.� f�� t�ranl4�lS� in accordance with ���N�i51ti �. Comte relating to the above described property; distribi.11icm utitity' Casements (including t~ -able TV); gime specifically descrjbed *Lb of third pones nal shown by She public rccoT of which Orrcxnte,e(0 lira wind 1cn wEcd ,e Ord which were accepted spy Grantee(s) in accordance with, Section 54,2 (Cvleners nut twat by the public Records) and &.3 cSurvey K tvicw) of the Contract Ire .hhtY and 'ell Real %sotto* relining to the .above dese ibcd real propert ., inclusion t the properly within any 5 ectill tax dkorlcl, the benefit and burdens of any declaration and party well agreements, if any. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any c4 aining vacated streci or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, IN WITNESS WHEREOF, the Grantor has executed t is deed on the date set forth above. State of C o l o r ad o ar M County of Larimer ) The foregoing instrwnent was acknowledged before me this 15th day of August, 2011, by Jeffrey G. Park and Joy L. Park IJENNLFER K. OE VA1E E NOTARY PUBLIC 1 STATE OF COLORADO MY Cornrr)rsSivn Exptre5 ( f ITT _ Witness ?Rly tend anvflIcia l Notary Public r c cutler Oevriese My comtnissi r Ead rte; December 2, 2013 Order Notate: 94926-C-2: Added Lender No. 932A, Rev 10-01. Warranty NO (For Ptwtographit Record) Page let 1 2 Page - Listing Report Page 9 of 46 Elementary: Middle/Jr.: High School: School District: Olancter Hlevi ris Rocky Mountain Poudre [LOT INFORMATION Lot SciFt: 14,317 Approx. Acres: 0.33 Elec: City of FTC Water: FTC/LVLND Gas: Xcel PIN: 14317 Waterfront: No Water Rights: No Taxes{Yr: $3,384/2010 1st HOA: Quail Ridge Fee: No Coy: Yes 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: !RES MLS tt: 667594 Price: $429,900 2900 Skimmerhorn St, Fort Collins 80526 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Fort Collins County: Larimer Area/SubArea: 915 Subdivision: Burns Ranch at Quail Ridge Legal: Lot 4, Burns Ranch at Quail Ridge Sub. First Filing, FTC SOLD INFORMATION Sold Date: 12/1312011 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Ron Rudolf SO: RE/MAX Alliance -FTC South Sold Price: $429,900 DOM: 55 DTO: 43 DTS: 55 970-225-3990 970-226-3990 BUILDING INFORMATION Total SciFt All Lvls: 3948 ($109/SF) Total Finished SciFt: 3688 ($117/SF) Finished SciFt w/o Bsmt: 2548 ($109/SF) Upper Level SciFt: 1139 # Garage Spaces: 3 Garage SciFt: 807 Year Built: 1992 New Const: No Builder: Basement SciFt: 1400 Lower Level SqFt: Main Level SciFt: 1409 Addl Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: A MUST SEE! Spectacular city view backs to open space. Located on 1/3 acre in the heart of Pineridge Natural Area with plenty of hiking/bike trails. Quiet, peaceful community. Open floor plan with abundant natural light. Hardwoods throughout kitchen and eating area. Vaulted family room with fireplace. Master suite has jacuzzi tub and large walk-in closet with custom organizers. Finished walk -out basement. Oversized 3 car garage. Deck has afternoon shade. Blue Ribbon Home Warranty included. Broker Remarks: Broker owner. This is NOT a short sale. [,y) IIS ©IDES IICES LO: The Crosswood Group Inc For Showings: L[ : (303)921-8700 LA: Elaine Dennis Information deemed reliable but not guaranteed MLS content arid images Copyright 1995a2015. RES LLC. All rights reserved.. http://www.iresis.com/MLS/awaireportsilisting?reporthame—Two Page 6/18/2015 2 Page - Listing Report Page 10 of 46 PROPERTY FEATURES i EXTERIOR: Style: 2 Story Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Deck, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Abuts Public Open Space Views: City View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: 75%+Finished Basement Heating: Forced Air Cooling: Central Air Conditioning, Attic Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Dishwasher, Refrigerator, Microwave, Jetted Bath Tub, Laundry Tub, Garage Door Opener, Disposal, Smoke Atatm(s) Energy Features: Double Pane Windows, Storm Doors, Set Back Thermostat Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Wood Windows, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: Luxury Features Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Family/Recreation Room Fireplace Disabled Accessibility: Main Level Laundry OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail Water/Sower; City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Washer, Dryer LO: The Crosswood Group Inc Phone: 303-921-8700 Fax: BEDROOMS AND BATHROOMS Bedrooms: 4 Baths:4 Rough Ins: 0 Baths Bsmt Lwr Main kla Addl Total Full 0 0 0 2 0 2 3/4 0 0 0 0 0 0 112 1 0 1 0 0 2 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Level Length 16 11 11 10 �J U U U M M M M M B B Width 15 11 11 10 Floor Carpet Carpet Carpet Carpet r 13 12 Carpet 17 15 Carpet 14 12 Wood 7 6 Vinyl 16 13 Carpet 27 12 Carpet 17 14 Carpet o3rrett br C1tirr7 ma Cr Nun C, 4 a c attar, w cirri Glen fork is Q tin DRIVING DIRECTIONS From College West on Drake. South on Overland Trail. First right is Skirnme rhorn St. LA: Elaine Dennis Phone: 970-282-6935 Email: Edennis@TheCrosswoodGroup.com Fax: 970-282-6936 TB: 3.00 BA; 3.00 Buyer Excl ; No Contract: R For Showings: LO: (303)921-8700 Min EM: $5,000 EM Recip: Land Title Guarantee Company Lirn Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http:// .iresis.comlML lawalreports/fisting reportName Two_Page 6/18/2015 RECEPTION#: 20110080302, 12/22/2011 at 10:06:57 AM, 1 OF 1, It $11.00 State Documentary Fee $42.99 TD Pgs: 2 Scott Doyle, Larimer County, CO MARY IN B. DENNIS i I I 1111 III 1111111 I III III NI III Warranty Deed (Pursuant to 38-30-113 C.R. S • ) State Documentary Fee Date: December 13, 2011 $ 42.99 THIS DEED, made on December 13, 2011 by IYIARVIN B. DENNIS AND ELAINE C. DENNIS Grantor(s), of the County of LARIMER and State of COLORADO for the consideration of ($429,900.00) *** Four Hundred Twenty Nine Thousand Nine Hundred and 00/100 *** dollars in hand paid, hereby sells and conveys to DANIEL I. JO ESE AN]) KAREN B. JOHNESE Grantee(s), as Joint Tenants, whose street address is 2900 SKINT' ERHORN STREET FORT COLLINS, CO 80526, County of LARIMER, and State of COLORADO, the following real property in the County of Larimer, and State of Colorado, to wit: LOT 4, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING, COUNTY OF LARIMER, STATE O1? COLORADO, also known by street and number as: 2900 SI IMMERHORN STREET FORT COLLINS CO 80526 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2011 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantees) in accordance with Section Si (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantees.) in accordance with Section 8.2 (Matters not Shown 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; inclusions of the Property within any special tax dis et; and other NONE c Dits4.4•41-4-61._ IL NE .. DE IS BB'Y MARVIN Bb DENNIS, ATTORNEY IN FACT State of COLORADO ss. County of LARIMER The foregoing instrument was acknowledged before me on this day of December 13, 2011 by MARVIN B. DENNIS AND MARVIN B. DENNIS AS ATTORNEY IN FACT FOR ELAINE C. DENNIS Notary Public My commission expires (1„, 0.4 17 • Vaal_ C renalCI NOTARY Katie STATE ! COLORADO When Recorded Recorded Return to: DANIEL J. JOHNESE AND KAREN R. JOHNESE 2900 SIUmmERHORN STREET FORT COLLINS, CO 80526 reg Land Tide Form 13084 01/2011 wd.udi Warranty Deed (Joint Tenant) FC25105038 U2380969} 2 Page - Listing Report Page 4of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Blair (mars) Ball (Conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot Wit: Ft: 8,947 Approx. Acres: 0.21 Elec: Water: Loveland District Gas: PIN: Zoning: P-61 Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: TaxeslYr: $2,396/2013 1st HOA: Waterfront At Boyd Lake $175 / Q Xfer: No Rsrv: No 2nd HOA: No IRES MLS #: 754432 Price: $369,000 6542 Sea Gull Cir, Loveland 80538 Type: Residential -Detached Status: Sold I LOCATIO NINFORMATION Locale: Loveland County: Larimer Area/Su bArea: 8/16 Subdivision: Waterfront Frist Sub Legal: LOT 19, BLOCK 10, WATERFRONT FIRST SUB, LOV (2002068407) SOLD INFORMATION Sold Date: 05/28/2015 Terms: CONV FIX Down Pmt Assist: Concession Type: None SA: Jimmy Stewart SO: ERA Herman Group-NoCo Sold Price: $350,000 DOM: 90 DTO: 90 DTS: 119 970-290-3755 970-224-9336 BUILDING INFORMATION Total SqFt All Lvls: 3353 ($104/SF) Total Finished SqFt: 2281 ($153/SF) Finished SqFt wlo Bsrnt: 2281 ($153/SF) Upper Level SqFt: 1 040 # Garage Spaces: 4 Garage SqFt: Year Built: 2015 New Const: Yes, Completed Builder: New Const Notes: Home to be completed in April Basement SqFt: 1072 Lower Level SqFt: Main Level SqFt: 1241 Addl Upper LW: Garage Type: Attached SqFt Source: Model: COMMENTS Listing Comments: This Beautiful 2 story home is located in a beautiful community close to Boyd Lake. Close to shopping, restaurants, biking, the new hospital, and interstate access. This home has it all with Wood floors, granite tops, high end cabinets, and a 4 car garage ready for all your toys. It also has full unfinished basement ready for your personal touch. Home to be completed in April. Pictures are of a similar home and not of this exact home. Broker Remarks: Home to be complete in April LO: Keller Williams -Preferred Rltv For Showings: CSS: (303)073-7469 LA: Kevin Shaw ,ar con deemed reliable but not guaranteed MLS content and images Ccpvrighi 1 J955-2QI5., IRES LITC. All rights reserved. h ://ww ,iresis.corn/ML /awa/reports/listing ?reportName=T o_Page 6/18/2015 2 Page - Listing Report Page 46 of 46 PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood/Frame Roof: Composition Roof Association Fee Includes: Management Outdoor Features: Deck, Tandem Garage INTERIOR: Basement/Foundation: Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Gas Range/Oven, Dishwasher, Refrigerator Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: District Water Ownership: Private Owner Occupied By: Vacant not for Rent Possession: Delivery of Deed Property Disclosures; Seller's Property Disclosure Flood Plain: Minimal Risk New Financing/Lending: Cash, Conventional, FHA LO: Keller Williams -Preferred Rlty Phone: 303-452-3300 Fax: 303-452-962D BEDROOMS AND BATHROOMS Bedrooms: 3 Baths: 3 Baths Full 314 1/2 Bsmt 0 0 0 Rough Ins: 0 Lwr Main tips 0 0 0 0 0 0 0 0 0 Addl 0 0 0 Total 0 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Roc room Study/Office I Level U M Length 17 a 12 Width 12 8 Floor Carpet Wood DRIVING DIRECTIONS From 1-25 Take exit 257 for US 34 W toward Loveland, Keep left and turn onto US 34, Turn Right on Boyd Lake Ave, Turn Left onto Valley Oak Dr At Traffic Circle take first Right onto Clearwater Dr. Turn Right onto Sea Gull Cir. Destination on Left_ LA: Kevin Shaw Phone: 303-946-7358 Email: kevin@kevinshawrealestate.com Fax: 303-452-0020 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: SS: (303)573-7469 Min EM: $5,000 EM Recip: Shadow Creek Homes Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:13 AM Information deemed reriable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http://www.iresisicom/MLS/awaireportsilisting?reportName—Two Page 6/18/2015 RECEPTION#: Documentary County/ CO 20150032877, 05/29/2015 at 02:30:04 Fee $35.00 TD Pgs; 2 Angela Myers, PM, 1 OF 1, R $11.00 State Clerk & Recorder, Larimer III 1111111 HIIIIIIIIIIIIIIllhI 11111111111 Special Warranty Deed want to X0-115 CRS) IState Documentary Fee Da May 28, ziis THIS DEED, made on May 213, 2015 by SHADOW CREEK EOM, LLC, A COLON COMPANY Grantor(s), of the County of ADAMS and State of COLORADO for the corsiderationof 0330,000400) *** Three Hundred Fifty Thousand and Knee ••* dollars in hand paid, hereby sells and conveys to ICAY No RUSSO AND TYLER IL TRUM Gra lee(s), as Joint Tenants ithose sweet address is 41542 SEA CULL CIRCLE LOVELAND, CO 3058, Gamy of LARIMER, and State of COLORADO. the following real property in the Comiy of , and State of Colorado; to wic LOT 19 BLOCK 1D, WATERFRONT FIRST SUBDIVISION. COUNTY OP a STATE OF COLORADO* "'RESERVING UNTO THE GRANTOR HEREIN ANY AND ALL WATER RIGHTS AND MINERAL RIGHTS THE EXTENT GRANTOR POSSESSPOSSESSE3 WATER OR MINERAL NIGHTS WITHRESPECT TO THE PROPERTY also koowo by street and rrember am 65C SEA GULL CIRCLE LOVELAND CO 80538 with all its apprenamces aid warm= the tide against all persons claiming under the Grantor(s) SUBJECT TO GENERAL TAXES FOR TEEE YEA2 2015 AND THOSE FIC EXCEPTIONS ACCEPTED BY GRANTEE(S) IN ACCORDANCE IV= SECTION 9 (PERMITED 2711X EXCEPTIONS) OF THE COACT TO BUY AND SELL REAL ESTATE RELATING U) THE ABOVE DESCRIBED REAL PROPERTZ SHADOW CREEK MACES, r LC, A COLORADO LIMITED COMPANY EY: TOM P. TakILINE., MANAGER State of COLORADO County of ADAMS The foregoing instrument was acknowledged before me on this day of May a 2915 by TORY P, TERHUNE AS MANAGER FOR SHADOW CREEK HOMES, LTC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal. commissi JEAN T URBAN NOTARYPUBLI STATE OF'COLORADO MG'S"" 0 10014016191 canimienti a. ate 20i r 7 bar lonfrasise Item Rem 4), . r ,, 0 DTYLER H. TRUK SSC SEA GULL CIRCLE LOVELAND, CO 10531 Form 13773 10,2010 s d,opea,rev+cdt Special Warranty Deed Open (J&I Terms) F825130945 45 (T200101Ta rig 2 Page - Listing Report Page 43 of 46 jSCHQOL INFORMATION i Elementary: Middle/Jr.: High School: School District: Monroe Bali (conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 10,454 Approx. Acres: 0.24 Eloc: City Water: FTC/LVLD Gas: Xcel PIN: Waterfront; No Water Rights: No Taxes/Yr: $ 302612013 1st R0A: $175 I 0 Xfer: No Rsrv: No Cov: Yes 2nd HOA: No Zoning: resd Water Meter: Yes Well Permit#: IRES MLS #: 754387 Price: $389,900 5440 Clearwater Dr, Loveland 80538 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 8115 Subdivision: Waterfront at Boyd Lake Legal: Lot 8, BIk & Waterfront First Subs LOV County: Larimer SOLD INFORMATION Sold Date: 03116/2015 Terms; CONY FIX Down Pmt Assist: N Concession Type: CC Points Paid/Seller: 0 Total Concession Amt: $500 SA: Chad Stradt SO: Keller Williams FTC Gold Sold Price: $389,900 DOM: 46 DTO: 4 DTS: 46 Points Paid/Buyer: 0 970-219-9436 970-449-7100 BUILDING INFORMATION Total SciFt Ail Lvls: 3319 ($1171SF) Total Finished SqFt: 3196 ($122/SF) Finished SqFt w/o Bsmt: 2240 ($174/Sr) Upper Level SoFt: 1144 # Garage Spaces: 3 Garage SgFt: 716 Year Built: 2005 New Const: No Builder: Basement SoFt: 1079 Lower Level SgFt: Main Level SqFt: 1096 Add' Upper Lvi: Garage Type: Attached Set Source: Model: COMMENTS Listing Comments: Beautiful Immaculate 2 -Story backing to open space in lovely Waterfront at Boyd Lake Sub. includes 5 Bdrms. 4 baths, full finished basement, large eat -En kitchen w! Knotty Alder cabinets and Silestone counters, hardwood floors, gas fireplace, formal dining room, Master suite w/ 5 -piece bath and walk-in closet, large Rec. room in basement, loft/office and more. Attached 3 -car garage. Mature landscaping wi sprinkler system and patio Wonderful neighborhood with Boyd Lake rights. A Beauty! LO: Home Savings Realty For Showings: 626-222-1945 LA: Michael Nicholson Information deemed reeiablo but not git,arantaed MLS content and images Copyright 1995-2015,, IRES LLC. All rights reserved. http:// vi iresi s,com/ML /a alreport /l isting?rep ortName Two_Page 6/18/2015 2 Page - Listing Report Page 44 of 46 PROPERTY FEATURES i EXTERIOR: Style: 2 Story Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Abuts Private Open Space Fences: Enclosed Fenced Area Views: Foothills View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 90%+ Finished Basement -bating: Forced Air Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Clothes Washer, Clothes Dryer, Microwave, Garage Door Opener Energy Features: Southern Exposure, Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Open Floor Plan, Walk-in Closet, Loft, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, VA LO: Home Savings Realty Phone: 970-691-8429 Fax: 970-225-0975 BEDROOMS AND BATHROOMS Bedrooms: 5 Baths Full 314 1/2 Bs rnt 0 1 0 Baths: 4 Lwr Main Rough Ins: 0 Ur Add I 0 0 2 0 0 0 0 1 0 0 1 0 0 Total 2 1 (ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Level U U U B B M M M M B U 11 18 20 a 17 11 1)r LA: Michael Nicholson Phone: 970-691-8429 Email: mnicholson@homesavingsrealty,net Fax: 970-223-2305 Width Floor 14 Carpet 11 Carpet 10 Carpet 11 Carpet 11 Carpet 10 Carpet 16 Carpet 14 Wood 3 Vinyl 12 Carpet 10 Carpet TB: 3,00 BA: 3.00 Buyer ExcI: No Contract: T For Showings: 626-222-1945 Min EM: $3,500 EM Recip: Land Title Lim Svc: Y Brokers may contact seller directly for showings appts. Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http ://www. ire sis .cote/NFL S/awa/reports/listing :prep artName=T o Page 6/18/2015 RECEPTION# : Documentary County, CO 20150014977, 03/17/2015 at 01:16:25 FM, 1 OF 2, R $16.00 State Fee $38.99 TO Pgs: 2 Angela Myers, Clerk & Recorder, Larimer I II I 111101111 111111 Warranty Deed Mumma to 38-30-11.3 LR151) l'este Deamentant Pa sal Date; Mardi 11, 2IILS THIS DEED, made oa math 11, SCOTT G. TAYLOR AND LTV la TAYLOR na e) of me County of EARDOR rind St2te of COLORADO for the Ceitlitill aft (3389,900.00) '.*' Thne Uundrisi 'i a€ naksaand Mae Hunched ad W100 somi damsin imnd sells mid cones to GERI IC MALLORY AND JERALD De MALLORY Grantee(a) as Joie Ttua whose see aidass Is 6440 CLEARWATER DRIVE LOVELAND, CO WM, qty of L ARTh1E Ind .state at COLORADO, the fnik kwing reel property in the County of ter. and State of Colorado, to wig bar I Mack % WATERFRONT FIRST NUEDIVIINION, UN Y OF LAMM, wrAT CF COLORADO. also known by area and number as: 644. CL WATER DRIVE LOVELAND CO 89538 withal] al! its appurtenances aad warn the title to the same, subject to genertri tuxes far the year 2015 and those specific ExcEptials dt by referimat to mcortkd duatonents as re flea c& the Tide DOCuntWitS OrreptrA by tr (s) En, oceartionee tab Record ' itkk Matters (Sertiqf the anima le acop mid Sett Recl Estate Mating to the above described rat pin distribution -_trilby afer> , I Ir+cdr d able ;. those specifically 5cr rr, ii - G:r f hos acne knowledge and which were Vie' by Gr tmr) in aca with Recard Ue ili' `s (Section ) and Garent Survey �': inclusions s the Review ��t.�) of the � ,� • �'na '' and Sc!! l retain � above � _ � �`' Prapeny itAtthin any speck,' itx ri... �. and' odic NONE SCOTT C TA Stair of CALWORNIA ) Cuomo( bp; I The instrinerit wasjackurAttedged. before me on this day of Mach U. 2015 by LYNSEY L. TAYLOR Notary -Public 'My commission Empties la a ERICK C K DE LEUS commrsslon 0 1061446 Notary Public - California Loa Angalea CunIUy Pi. Conlin, Ex -Ire dan i3 2M6 when arced Return to: GERIK.MALLORT AND MAID D. MALLORY 8440 asion•ITATER IIRDIR L CO 8053.1 Pfirra 1 30nit 01 r2011 mitial Warranty Deed Mint Teed) FC2512$4 2 {21z47ss3) 2 Page - Listing Report Page 41 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: ILOT INFORMATION Monroe Ball (conrad) Mountain View Thompson R2 -j 1 i Lot SqFt: 7,711 Approx. Acres: 0.18 Elec: City Loveland Water: Ft1Lovela nd Water Gas: xcel PIN: 86293-07-003 Zoning: Res Waterfront: No Water Meter Yes Water Rights: No Well Permit #: Taxes/Yr: 52;301/2013 1st HOA: Waterfront North Home Owners 970-636-0498 $1751 Q Xfer: Yes Rsrv: Yes 2nd HOA: No IRES ML #: 751614 Price: $300,000 6232 Sea Gull Lira Loveland 80538 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 8/16 Subdivision: Waterfront Legal: Lot 3, Block 3, Waterfront First Sub, Loveland County: Larirner tSQLD INFORMATION Sold Date: 12/12/2014 Terms: CASH Down Prnt Assist: N Concession Type: None SA: Joey Fisher SO: RE/MAX Alliance -FTC Dwtn Sold Price: $306,000 DOM: 3 DTO: 3 DTS: 17 970-690-2084 970-482-1781 BUILDING INFORMATION Total SqFt All Lvis: 2793 ($V09/SF) Total Finished SqFt: 1793 ($170/SF) Finished SqFt wio Bsmt: 1404 ($217/SF) Upper Level SciFt: # Garage Spaces: 3 Garage SqFt: 649 Year Built: 2004 New Const: No Builder: Basement Sq Ft: 1389 Lower Level Stitt; Main Level SqFt: 1404 Addi Upper Lvi: Garage Type: Attached SqFt Source: Other Model: COMMENTS Listing Comments: Four bedroom, three full baths and 3 car garage are just the beginning. Backs to greenbelt, spacious stamped concrete patio to enjoy the mountain vistas, main floor laundry, and 2nd master suite finished in the basement. Freshly finished wood floors, pre -inspected and one year home warranty. Located at the Waterfront at Boyd Lake with access for waterskiing, fishing, and endless opportunities to enjoy the outdoors. Quick arrival to Denver or Fort Collins via 1-25. Broker Remarks: One hour notice requested before showings. White refrigerator in the basement will be moved upstairs to the kitchen, IRCS LO: Group Loveland For Showings: LO: (.070)663-0700 LA: Sally Brent Information deemed reliable but not ci. iararitaed MLA content a rd images Copyright 995-2015, IRES LLC All rights reserved http://wvy11res1s.cam/ML /awa/rcparts/ isting?reportName—T o _ Page 6/18/2015 2 Page - Listing Report Page 42 of 46 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Stone Roof: Composition Roof Common Amenities: Play Area, Common Recreation/Park Area Association Fee Includes: Common Amenities, Management Outdoor Features: Lawn Sprinkler System, Patio Location Description: Abuts Private Open Space Fences: Partially Fenced Views: Back Range/Snow Capped Lot Improvements: Curbs, Gutters, Sidewalks Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 25%+Finished Basement Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Dishwasher, Refrigerator, Microwave, Jetted Bath Tub, Garage Door Opener, Disposal Energy Features: Set Back Thermostat Design Features: Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master BedroomlBath: Full Master Bath Fireplaces: Gas Fireplace, Living Room Fireplace Disabled Accessibility: Main Floor Bath , Main Level Bedroom , Main Level Laundry OTHER: Utilities: Natural Gas, Electric, Cable TV Available, High Speed Avail Water/Sewer: District Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure, Home Warranty Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: Group Loveland Phone: 970-663-0700 Fax: 970-663-0299 LA: Sally Brent Phone: 970-461-7110 Email: sbrent@thegroupinccom Fax: 970-663-0299 'BEDROOMS AND BATHROOMS Bedrooms: 4 Baths Full 3/4 1/2 Bsmt 1 0 0 0 Baths: 3 Lwr Main 2 0 0 0 Rough Ins: 1 Upr Addl Total g 3 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Roc room Study/Office Conform: Yes Level M M M B Length 14 10 11 10 Width 14 10 10 14 MP - Floor Carpet Carpet Carpet Carpet M 11 11 Wood 7 M 6 M 13 ep em Dr 15 5 14 aim Wood Vinyl Carpet DRIVING DI RECTiONS From Hwy 34 & County Road 9 (Boyd Lake Road): Go north on Cty Rd 9 until you hit the Waterfront Subdivision. Take a left to get into the subdivision & take the immediate right at the roundabout and go North on Clearwater. Turn right on Sea Gull. LO: Group Centerra Phone: 970-613-0700 Fax: 970-667-7955 LA: Joshua Sturgis Phone: 970-556-5305 Email: jstu rg istheg rou pine. cam Fax: 970-797-1773 TB: 3.00 BA: 3.00 Buyer Excl: No Contract; T For Showings: LO: (970)663-0700 Min EM: $3,000 EM Recip: The Group Inc. Real Estate Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http ://ww.iresis+corn/ LS/awalreports/listing?reportNatne Two Page 6/18/2015 RECEPTION# : Documentary County, CO 2O14007 280, 12/12/2014 at 04:13:40 Fee $30.50 TI) Pgs: 2 Angela Myers, , 1 OF 1, R $11,00 State Clerk & Recorder, Larimer THIS Shaurra Kaufman (whether State Traci (whether Sea Gull Colorado WITNESS, ($305,000.00), confirms thereon, Lola, Waterfront City of State also known TOGETHER reversions, of theGrantor, TO and the TM Grantee, well and in and form assessments, General documents Contract TV); knowledge Records) property, agreements, And the vacated lawfully IN WITNESS DEED, of Michelle Block Loveland? of Colorado HAVE Grantor, seized fee those Kristine one, Colorado one, Circle, that unto located 3r First by remainders, AND Grantee's and of simple; us aforesaid; encumbrances taxes as to Buy specifically and and inclusion if Grantor street claiming is or Alvarado or the the Subdivision. County street with either for the the for reflected Section any. or WHEREOF, `ARRANT1Y dated the 12th day Hagemann, Gregory niore than one), and more than one), Loveland, CO 80538 theGrantor, for receipt and sufficiency Grantee and the in the County of of Lntlrner, address as: all and singular rents, issues in law or equity, TO HOLD the heirs and assigns theGrantor and Grantee's heirs premises above and has good and that and restrictions the year 2014 in the Title and Sell Real Estate described which were accepted 8.3 (Survey of the property shall and will WARRANT alley, if any, in the whole or any the of December, Anthony the "Grantor" the "Grantee," of and in Grantee's Larimer 6232 Sea the and of, said forever. the Grantor's and assigns: described; right, full the same and subsequent Documents relating rights Review) within the quiet part thereof Grantor DEED and is made between and Brent County of Larimer, legal address is: of Latimer and State of the sum of is hereby acknowledged, and assigns forever, of Colorado described Loveland, CO and appurtenances and all the estate, the above bargained bargained and and assigns, does at the time of the sure, perfect, lawful authority and clear from all kind or nature years; and those specific by Grantee(s) above described parties not shown in accordance Contract to Buy and tax district; the FOREVER DEFEND possession this deed on the Conrad 6232 Three all 80538 premises, described, covenant, ensealing absolute to grant, former soever, in property; by the with Sell benefit the of the date and of State Doc Fee: ` Recording Fee: i I l 2014, Hagemann, of the whose the County consideration of which heirs and State Gull Circle, hereditarnents profits thereof, in and to premises above heirs that has good, power and are free of whatever accepted to the of third by Grantee(s) of the any special AND and peaceable has executed the as follows: thereto right, exceptions accordance public Section Real above Grantee,against set Hundred Five Thousand hereby grants, real property, together belonging, or title, interest, claim with the hereditaments with the appurtenances, grant, bargain, and delivery of these and indefeasible bargain, sell and and other grants, except and subject described with Section distribution utility records of 8.2 Matters Estate relating and burdens of any described premises, all forth above. Dollars and No Cents bargains, sells, conveys and with any improvements in anywise appertaining, the and demand whatsoever and appurtenances; unto the Grantee and agree to and with the presents, the Grantor is estate of inheritance, in law, convey the same in manner bargains, sales, liens, taxes, to: by reference to recorded 8.1 (Title Review) of the easements (including cable which Grantee(s) has actual not shown by the Public to the above described real declaration and party wall but not any adjoining and every person or persons ricdne Huge ` an rite -- Arrllurny i ingernann in Fact of December, Anthony Hagemann by Shama Kristine Hagemann 2014 by Shaun Kristine Hagemann, and Brent Conrad Kaufman far as Attorney me this 12th day in Fact for Gregory Brent Conrad State of County of The foregoing Individually, Inn Colorado Lorimer Shaune rn hand Kaufman instrument Kristine and v was Hagemann 01 acknowledged before as Attorney SONYA R McALEENAN NOTARY P IIBLIC STATE OF COLORADO rotary lui lie; My commission expires: Tg T ivlY a MMISS1Ct pRE& 2/08)20 10' File No.: 201487 No. 932A Rev. 10-05 Warranty Deed (For Photographic Record) Page 1 of 1 2 Page - Listing Report Page 5 of 46 SCHOOL INFORMATION i Elementary: Middle/Jr.: High School: School District: LOT INFORMATION Blair (many) Ball (conrad) Mountain View Thompson R2 -j Lot SgFt: 4,714 Approx. Acres: 0.11 Elec: Water: Loveland District Gas: PIN: Waterfront: No Water Rights: No TaxeslYr: $529/2013 1st HOA: Village At Boyd Lake $60 I M Xfer: No Rsrv: No 2nd HOA: No Zoning: R3 -LID Water Meter: Yes Well Permit #: i IRES MLS #: 754425 Price: $351,000 4010 Via del Oro Or, Loveland 80538 Type: Residential -Detached Status: Sold i LOCATION INFORMATION Locale: Loveland Area/SubArea: 8/16 Subdivision: Boyd Lake North Add Legal: LOT 3, BLIP 3, REPLAT TR B BOYD LADE NORTH 1ST ADD, LOV County: Larimer IS0L0 INFORMATION Sold Date: 0312712015 Terms: CONV FIX Down Pmt Assist: N Concession Type: CC Points Paid/Seller: 0 Total Concession Amt: $5,000 SA: Joy Ferguson SO: Berkshire Hathaway -FTC Sold Price: $354,000 DOM: 28 DTO: 28 DTS: 57 Points Paid/Buyer: 0 970-576-5418 970-226-5511 BUILDING INFORMATION Total SqFt All Lvls: 3242 ($109/SF) Total Finished SqFt: 2200 ($161/SF) Finished SqFt w/o Bsmt: 2200 ($161/SF) Upper Level SgFt: 985 # Garage Spaces: 2 Garage SqFt: Year Built: 2015 New Const: Yes, Completed Builder: Model: New Const Notes: To be complete in March Basement SqFt: 1042 Lower Level SqFt: Main Level SqFt: 1215 Addl Upper Lvl: Garage Type: Attached SqFt Source: Building Plans ICOMMENTS _ i Listing Comments: Beautiful home in a beautiful community only a stone throw from Boyd Lake,Literally. Close to shopping, restaurants, biking the new hospital, and interstate access. This home has it all with Wood floors, granite tops, high end finishes. Home to be completed in March. Pictures are of a similar home and not of this exact home. Broker Remarks: Completion in March LO: Keller Williams -Preferred RIN For Showinas: CSS: (3O3)573 -748g LA: Kevin Shaw Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http://www.iresis.com/MLS/awaireportsilisting?reportName=Two __Page 6/18/2015 2 Page - Listing Report Page 6 of 46 f PRO'FERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood/Frame Roof: Composition Roof Association Fee Includes: Snow Removal Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks INTERIOR: Basement/Foundatlon: Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Gas Range/Oven, Dishwasher, Refrigerator Design Features: Open Floor Plan, Walk-in Closet, Wood Floors Master Bedroom/Bath: 5 Piece Master Bath OTHER: Utilities: Natural Gas, Electric Water/Sewer: District Water, City Sewer Ownership: Private Owner Occupied By: Vacant not for Rent Possession: Delivery of Deed Property Disclosures: Home Warranty Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: none LO: Keller Williams -Preferred Rity Phone: 303-452-3300 Fax: 303-452-9620 jBEDROOMS AND BATHROOMS Bedrooms: 3 Baths: 3 Baths Full 3/4 1/2 0 Rough Ins: 0 Bsmt Lwr Main A_ Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ROOM SIZES All Bedrooms Conform: Yes Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen M Laundry Living room Rec room Study/Office Level U Sit 18 Width as. 16 Carpet .40 12 13 Wood 5h o re Dr fDRIVING DIRECTIONS From 125 Take Exit 257 toward us 34. Leff on to US 34 toward Loveland. Right on Boyd Lake Ave. Left on Frank Rd. Right on Valley Oak Dr. Right on Via Del Oro Dr. Property is on the Left. LA: Kevin Shaw Phone: 303-946-7358 Email: kevin@kevinshawrealestate.com Fax: 303-452-9620 TB; 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (303)573-7469 Min EM: $5,000 EM Rani p: Shadow Creek Homes Lim Service: N Prepared By: Sue Foster - ,Jun 16, 2015 11:05:16 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LW. All rights reserved. http://www.iresisicom/WILS/awaireports/listing?reportNatne T o_Page 6/18/2015 RE CE PT ION # : Documentary County, CO 20150017672, 03/27/2015 at 04:20:24 Fee $35.40 TD Pgs: 2 Angela Myers, PM, 1 OF 1, R $11.00 State Clerk & Recorder, Latimer III 1111111111 I11IIIIIIIIIIIIIII Spy Warranty Deed (Pursuant to 38-30-115 C4RS) State Docunsentani Fee Date: March 27,2115 $ 35.O THIS DEED, made on March 27. 2015 by SHADOW CREEK HOMES, TLC, A COLORADO IndirrED LIABll fl COMPANYGrantor(s); of the Comm of LAMMER and State of COLORADO forthe consideration of ($354,000.00) nmi Tine Hunted Fifty Four Thausand and 10/1QM ne dollars 1n band paid, hereby sells and conveys to BROOKE R. GUNN Glaatee(s), whose sweet address is 41110 VIA DEL ORO DRIVE LOVELAND, CO 80538, County of LARESIER and State of COLORADO, the following real pmpay to the County of Larkner, and State of Coda, to wit LOT 3, BLOCK 3, REPLAT OF TnACT B, BOYD LAKE NORM FIRST ADDfO$ CITY OF LO , COUNTY OF LARINEER, STATE OF COLORADO. "'RESERVING UNTO TIC GRANTOR HEREIN ANY AND ALL WATER RIGHTS AND MINERAL RIGHTS THE EXTENT GRANTOR POSSESSES WATER OR MINERAL RIGHTS WITH RESPECT TO THE PROPERTY)" also known by street and number as: 401E VIA DEL ORO DRIVE LOVE LAND CO 8+05.35 with all its appintenances and warrants the title against all personst~1aittng under the Gra:rLtnr(s) SUBJECT TO GENERAL TAXEs FOR THE FEAR 2015 MW THOSE SPECIFIC EXCEPTIONS ACCEPIED BY GWITEE) IN ACCORDANCE 7411T8 SECTION 9 OMITTED TITLE OF THE CONTRACT TO BUY AND SELL REAL ESTATE RELATING TO TUE ABOVE DESOUBED REAL PROPERT'E SHADOW CREEK. HOMES, MC,* COLORADO [MIMED LIABLEXIT COMPAfl Fir g TOBY P. 'TERHUPITE, MANAGER State of COLORADO County of r AR 1 MELISSA GRIFFITH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2,11054021039 MY COMM silo rime 0711$12017 The foregoing went was acknowledged before me on this clv of March 26, 2015 by TOBY,P, TERHUNE, MANAGER OF SHADOW , LCC, A COLORADO 111/41I ,D COMPANY Witness, my hand and official seal - My commission expires Notary PEE,. Viihen Recorded Return to: BROOKE L GUNN 4010 VIA DEL 010 DRIVE LOVELAND,. Co BB5 Form 13773 10/2010 eurctopersev.acit Special Warranty Deed Open (Photographic) FR25129179 M4054341 Mae. 2 Page - Listing Report Page 3 of 46 ISCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Blair (mary) Ball (conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 4,646 Approx. Acres: 0.11 Eloc: Water: Loveland District Gas: PIN: Waterfront: No Water Rights: No TaxeslYr: $529/2013 let HOA: Village At Boyd Lake 5601 M Xfer: too Rsrv: No 2nd HOA: No Zoning: R3-UD Water Meter: Yes Well Permit #: IRES MLS #: 754426 Price: $354,500 4006 Via del Oro Dr, Loveland 80538 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Loveland County: Larimer Area/SubArea: 8/15 Subdivision: Boyd Lake North Add Legal: LOT 4, BLIP 3, REPLAT TR B BOYD LAKE NORTH 1ST ADD, LOV SOLD INFORMATION Sold Date: 03/24/2015 Terms: CONY FIX Down Pmt Assist: N Concession Type: None SA: Derie Yarwood SO: Wright Kingdom Longmont Sold Price: $350,000 DOM: 25 DTO: 25 DTS: 54 303-808-0076 303-776-3344 BUILDING INFORMATION Total SqFt All Lids: 3344 ($105/SF) Total Finished SqFt: 2229 ($157/SF) Finished SqFt wfo Bsmt: 2229 ($157/SF) Upper Level SqFt: 1007 # Garage Spaces: 2 Garage SqFt: Year Built: 2015 New Const; Yes, Completed Builder: Shadow Creek Homes New Const Notes: To be completed in March Basement SqFt: 1115 Lower Level SqFt: Main Level SgFt: 1222 Addl Upper Lvl: Garage Type: Attached SqFt Source: Building Plans Model: Listing Comments: Dark oak floors with Dark cabinets, Stainless appliances, Granite counter tops in the kitchens and all baths. You are literally a stones throw from Boyd lake. Close to shopping, parks, biking, hospitals, and easy interstate access. Great Location!! Beautiful community. Pictures are of a similar home and not of this exact home. To be complete in March. Broker Remarks: Completed in March LO: Keller Williams -Preferred Rlty For Showinas: CSS: 1303)573-7569 LA: Kevin Shaw information deemed reliable but notgi,aran!eed MLS content and images 1995-2015, IRES LLC All rights reserved http://vsrwwiresis.com/MLS/awafreportsilisting?reportName ToPage 6/18/2015 2 Page - Listing Report Page 4 of 46 PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood/Frame Roof: Composition Roof Association Fee Includes: Snow Removal Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks INTERIOR: Basement/Foundation: Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Gas Range/Oven, Dishwasher, Refrigerator Design Features: Cathedral/Vaulted Ceilings Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: District Water, City Sewer Ownership: Private Owner Occupied By: Vacant not for Rent Possession: Delivery of Deed Property Disclosures: Home Warranty Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: none LO: Keller Williams -Preferred RIty Phone: 303-452-3300 Fax: 303-452-9020 BEDROOMS AND BATHROOMS Bedrooms: 3 Baths: 3 Baths Full 3/4 112 Bsmt 0 0 0 Lvvr Main 0 0 0 0 0 0 Rough Ins: 0 2i 2 0 0 Addl Total 0 2 0 a 0 0 ROOM SIDES Ali Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Level Len ath Width Floor lJ 20 15 Carpet MO M 14 14 Wood e e Shore Or DRIVING DIRECTIONS From 125 Take Exit 257 toward US 34. Left on to US 34 toward Loveland. Right on Boyd Lake Ave. Left on Frank Rd. Right on Valley Oak Dr. Right on Via Del Oro Dr. Property is on the Left_ LA: Kevin Shaw Phone: 303-946-7358 Email: kevin@kevinshawrealestate.com Fax: 303-452-9620 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (303)573-7569 Min EM: $5,000 EM Recip: Shadow Creek Homes Lim Service: N Prepared By: Sue Foster -Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved hap://ww,w.iresis.com/MLS/awaireports/listing?reportName Two Page 6/18/2015 RECEPTION# : Documentary County, CO 20150020072, O4/07/2015 at 12:47:52 PM, 1 OF 1, R $11.00 State Fee $35.00 TO Pgs: 2 Angela Myers, Clerk & Recorder, Larimer WARRANTY TY DEED THIS DEED, is dated the 6th day of April, 2015, and is made between Eric James Rice and Mary Sue. Rice (whether one, or more than one), the "Granite of the County at' Lorimer, and. State of Colorado and Joshua 'Lino (whether Dn;, or more than one), the "Grantee," whose legal address is: 3761 Whitebark Place, Loveland, CO S0538 of the County of Larimer and State of Colorado WETNESS, that the Grantor, for and in cctmsideration of the sum or Three Hundred Fifty Thousand foliars and No Cents ($350,004.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property,. together with any improvements thereon, located in the Courtly of Larirn er and State of Colorado described as follows: f State Doc Fee: If Recording Fee: I k Lot 3, EilocX 1, Replat of Tract B, Boyd Lake North, First Addition to the City of Loveland, County of Larimer, State of Colorado. also known by street address ats: 3761 Whitebark Place, Loveland, CO 80538 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,. or in anywise appertaining, the reversions, 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 heredlitaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Gnome -Ws heirs and assigns, does covenant, grant, bargain, and agree to end with the Grantee, end the Grantee's heirs and .sssigw ; that at the time of the enseating end delivery of these presents, the Grantor is well seized Qf the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, and in fee simple; and has good right, full power and lawful uuuttacar ty to gram, bargain, sell and convey the same in manner and form as aforesaid; and that the same an free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature never, 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 a000rdance with Section 8,1 (Title Review) of the Contract to Boys acid Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual ' knowledge and which were accepted by Grantee(s) in accordance with Section 3.2 (Matters not shown by the Public Records) s) 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 tax district; the benefit and burdens of any declaration and party wall agreement, if any, And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, bat not any cadjoinr' , vacated street or alley, if any, in the quiet and peaceable possession or the Grantee, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set "- rthibcev Eric James Rice State of Colorado County of Lorimer aim) . tie The f orega ing instrument was acknowledged before me this 6th day of. r _ LAURA L. BOEHLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054048745 MY COMMISSION EXPIRES 12flt'r12O17 TggT dl, 2015 by ES James Rice and Mary Sue Rice. 'ttr► s., rmy beg And, official seal. ! r re .. tt- NnthryPublic tkity Commission Expires: File No : 201881 No 932A Rev 10-05 Warranty Deed (For Photographic Record) Pagel ofl 2 Page - Listing Report Page 7 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Monroe Ball (conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 5,227 Approx. Acres: 0,12 Elec: Water: FTC-LVLD Water Gas: PrN: Waterfront: No Water Rights: No Taxes/Yr: $1,94412D13 1st HOA: Village a Boyd Lake $60 / M Xfer: No Rs rv: No Coy: Yes 2nd HOA: No Zoning: R3-UD Water Meter: Yes Well Permit #: IRES MLS #: 749240 Price: $398,000 3985 Via del Oro Dr, Loveland 80538 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Loveland AreaiSu bAroa: 8/16 Subdivision: Boyd Lake North Add Legal: LOT 6, BLK 4, REPLAT TR B BOYD LAKE NORTH 1ST ADD, LOV Sold Date: 12/09/2014 Terms: CONY FIX Down Pmt Assist: N Concession Type: None SA: Christina Larson SO: ColdlAiell Banker Res -Ft Collins County: La rimer Sold Price: $385,000 DOM: 5€ OTC: 17 DIS: 56 970-223-2300 970-223-6500 IB ILEING INFORMATION Total Siet All Lvls: 3317 ($118/SF) Total Finished SqFt: 3269 ($118ISF) Finished SqFt w/o Bsmt: 2320 ($166/SF) Upper Level SoFt: 1084 # Garage Spaces: 3 Garage SgFt: 604 Year Built: 2012 New Const: No Builder: Basement SqFt: 997 Lower Level SqFt: Main Level SqFt: 1236 Addl Upper Lvl: Garage Type: Attached SqFt Source: Other Model: Shadow Creek COMMENTS Listing Comments: Beautifully maintained, open and bright home with views of the Rocky Mountains and Boyd Lake! 5 bedrooms plus an office/bonus room, 3 car garage, and fully finished basement. Formal Dining room and eat -in kitchen, built in desk area, granite countertops, double ovens, and Tharp custom cabinets in kitchen_ Large master with luxury 5 p ie ce bath. Built in shelving, gas fireplace, coffered and vaulted ceilings, Great location near Centerra with easy access to 125 and shopping. Broker Remarks: No Lake Access LO: C3 Real Estate Solutions, LLC For Showings: LO: (970)225-5152 LA: Lindsay Chacon Iionfornation det?meth reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved. http://w- Ares is4Born/ML S/a a/reports/ listing?report am e Tvvro_Page 6/18/2015 Page - Listing Report Page 8 of 46 PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Stucco Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities, Snow Removal, Management Outdoor Features: Lawn Sprinkler System, Patio, Tandem Garage Location Description: Level Lot, Abuts Pond/Lake, Abuts Private Open Space, House/Lot Faces E, Within City Limits Views: Back Range/Snow Capped, Foothills View, Water View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Fire Hydrant within 500 Feet Road Access: Private Road, up to County Standards, Privately Maintained Road Surface At Property Line: Concrete Road INTERIOR: Basement/Foundation: Full Basement Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Double Oven, Dishwasher, Refrigerator, Clothes Washer, Clothes Dryer, Microwave, Garage Door Opener, Disposal Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Bay or Bow Window, Walk-in Closet, Washer/Dryer Hookups, Kitchen Island Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: C3 Real Estate Solutions, LLC Phone: 970-225-5152 Fax: 970-225-5170 BEDROOMS AND BATHROOMS Bedrooms: 5 Baths: 4 Baths Full 3/4 1/2 Bsmt 1 0 0 Lwr 0 0 0 Main 1 0 Rough Ins: 0 2 0 0 Addl 0 0 0 Total 4 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom S Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office O. I 9' k.:. Level Length Width 18 13 12 10 12 10 17 11 12 11 U U U S M M B B 16 10 8 12 17 16 Q -770 15 12 6 12 17 12 Floor Carpet Carpet Carpet Carpet Carpet Carpet Wood Tile Wood Carpet Carpet DRIVING DIRECTIONS r _ West on HWY 34 from 125. North on Boyd Lake Ave, Left onto White Bark PI, Right on Valley Oak Dr, 2nd Right onto Via Del Oro and the property is on the right. LA: Lindsay Chacon Phone: 070-531-345B Email: Ichacon a@c3-re_com Fax: 970-225-5170 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings: LO: (970)225-5152 Miry EM: $3,500 EM Recip: Heritage Title Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed lvlLS content and images Copyright 1995-2015, IRES LLC All rights reserved http : i'i . iresis 4 eem/ML /awa/reports/listing ?reportName TWo_Page 6/18/2015 RECEPTION# Documentary County, CO 20140071964, 12/11/2014 at 03:09:47 Fee $38.50 TD Pars: 2 Angela Myers, PM , 1 OF 1, R $11.00 State Clerk & Recorder, Larimer Doc Fee: $39.50 WARRANTY DEED This Deed, made December 9, 2014 Between Douglas John ToI n n I I of the County Latimer, State of COLORADO, grantor{s) and Barry M. Hinton, a Tenant in Severalty whose legal address is 3985 Via Del Oro Dr., Loveland CO 80538 County of Larimer, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of THREE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS AND NO/100'S 0$385,000.00) the receipt and sufficiency of which Is hereby acknowledged, has granted, bargained, sold and conveyed, and byrthese presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Larlme r, State of COLORADO described as follows: Lot 6, Block 4, Replat of Tract B, Boyd Lake North first Addition to the City of Loveland, County of Larimer, State of Colorado. also known by street and number as 3985 Via Del Oro Drive, Loveland, CO 80538-6154 TOGETHER with all and singular hereditaments and appurtenances/ thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the €state, 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 hereditament! and appurtenances, TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the annealing 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 ate free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,. encumbrances and restrictions or whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by Buyer in accordance with section SA (Title Review) of the contract dated October SO, 2014, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the wh cae or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER; 1 �f tir Dot d la* fohn Toliin II STATE OF COLORADO COUNTY OF LARIMER • }ss The foregoing instrument was acknowledged, subscribed and sworn to before me December 9, 2014 by Douglas John Tollin II. Witness my hand and official seal. Wdenrp KELLY L XE DAR` NOTARY iLSTATE OF COLORADO NOTARY 1D 20114013769 My Commission Fa lies Mar- 4, 2015 L _ Notary Petal!. L. Oxender My Commission expires: 3/4/2015 ESC ROW NOr 548-R04 ?358-ti!i4 I -K01 Ftrca 2 Page - Listing Report Page 1 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Monroe Ball (conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 5,447 Approx. Acres: 0.13 Elec: City Water: Fort Col lins/Lovela n Gas: XCEL PIN: 85051-15-003 Waterfront: No Water Rights: No Taxes/Yr: $990/2013 1st HOA: Boyd Lake North Hoa 970-222-4867 $300 f A Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning; Res Water Meter: Yes Weil Permit #: IRES MLS #: 740337 Price: $340,000 3842 Calle del Sol Dr, Loveland 80538 Typo: Residential -Detached Status: Sold Website: w ww. iresis.comlgo/m Isf740337 LOCATION INFORMATION Locale: Loveland Area/SubArea: 8/16 Subdivision: Boyd Lake Legal: LOT 3, BOYD LAKE 1ST SUB, LOV County: Larimer SOLD INFORMATION Sold Date: 10/10/2014 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Marcela Salad SO: Keller Williams -Preferred Rlty Sold Price: $3421925 DOM: 106 DTO: 61 DTS: 106 303-949-6016 303-452-3300 U I LDING INFORMATION Total SqFt All Lvls: 3081 ($111/SF) Total Finished SgFt: 2815 ($122/SF) Finished SqFt w!o Bsmt: 1563 ($219/SF) Upper Level SqFt: # Garage Spaces: 2 Garage SqFt: 506 Year Built: 1994 New Const: No Builder: Basement SgFt: 1518 Lower Level SqFt: Main Level SqFt: 1503 Addi Upper Lvi: Garage Type: Attached SqFt Source: Other Model: rcoMMENT$ Listing Comments: Beautiful ranch style home on quiet cul-de-sac, within walking distance of neighborhood park and Boyd Lake, granite counters, tile flooring, wet/dry sauna. Enjoy the private courtyard in back surrounded by lush landscaping. Colorful perennials and a peaceful water feature. Easy access to 1-25 and Fort Collins_ LO: Group Loveland For Showings: LO: (970)663-0700 LA: Kim Summitt Information deemed reliable but nol guaranteed. MLS content and images Copyright 1995--2015. !RES LLC .r" U rights reserved http://www.iresis.com/MLS/awaireportsilisting?reportName T vO_Page 6/18/2015 2 Page - Listing Report Page 2 of 46 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Stucco Roof: Concrete Tile Association Fee Includes: Management Type: Contemporary/Modem Outdoor Features: Lawn Sprinkler System, Storage Buildings, Patio Location Description: Cul-De-Sac, Level Lot, House/Lot Faces w Views: City View Lot Improvements: Street Paved, Curbs, Gutters Road Access: Private Road, up to County Standards, County Road/Not County Maintained Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 90%+ Finished Basement Heating: Forced Air Cooling: Central Air Conditioning inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Clothes Washer, Clothes Dryer, Microwave Design Features: Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Workshop, Pantry, Wood Windows, Stain/Natural Trim, Walk-in Closet, Sauna, Washer/Dryer Hookups Master Bedroom/Bath: Full Master Bath, Luxury Features Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric WaterlSewor: District Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family Now Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Seller's personal property.. LO: Group Loveland Phone: 970-663-0700 Fax: 970-663-0299 I BEDROOMS AND BATHROOMS Bedrooms: 3 Baths: 3 Rough ins: 0 Baths Bsmt Lwr Main Upr Addl Total Full 1 0 2 0 0 3 314 0 0 0 0 0 0 112 0 0 0 0 0 0 ROOM SLZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level tth Width MA 17 13 M 12 11 B 11 10 itt Floor Carpet Carpet Carpet M 12 13 Carpet M M M B B 7 0 15 6 17 18 12 Yaurcu PI Tundra PI 10 Tile 6 Vinyl 13 Carpet 18 Carpet 10 Carpet DRIVING DIRECTIONS From Hwy 34, north on Boyd Lake Road, west on Whktebark, north on Valley Oak, east on Aveinda del Sol, south on Calle del Sol. LA: Kim Summitt itt Phone: 970-689-6950 Email: ks urnmittthegro upin c _corn Fax: 970-667-7955 TB: 3.00 BA: 3 00 Buyer Excl: No Contract: T For Showings: LO: (970)663-0700 Min EM: $3,000 EM Recip: The Group Inc. Lim Service: N Prepared By: Sue Foster - Jun 15, 2015 11:05:18 AM Information deemed reliable but not guaranteed NILS content and images Copyright 1995-2015, IRES LLC All rights reserved http://w w.iresis.com/1VMLS/a. alreports/lfisting?reportName=T o__Page 6/18/2015 RECEPTION#: Documentary County, CO 20140073208, 12/17/2014 at 04:40:10 PM, 1 OF 1, R $11.00 State Fee $0.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Latimer day of After Recording Return to Torn Burn Emilia Ripoll Bunn QUIT CLAIM DEED This Deed Made this ) iC day of S'_3 2Ol4 between Torn Bunn and Ern Ilia Ripoll Bunn of the County of Larimer and State of COLORADO grantor(s), and Thomas Ripoll-Bunn and Emilia Ripoll-Bunts as as Joint Tenants whose legal address is 3842 Calle Del Sol Court, Loveland, CO 80538-8954 of the County of Lorimer and State of Colorado, grantee(s), WITNESSTH, That the grantor(s), for and in consideration of the sum of Ten and 00/100 Dollars ($1x}.00), The receipt and sufficiency of which is hereby confessed, acknowledged, has remised, released, sold and QUIT CLAIMED, and by these present does remise, release, sell and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the said Larimer, and State of Colorado described as follows: Lot 3, Boyd Lake First Subdivision, City of Loveland, County of Larimer, State of Colorado, also known as street and number: 3842 Calle Del Sol Court, Loveland, CO 80$38-8954 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and an the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forever, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. EN WITNESS WHEREOF, the grantors) has executed this deed on the date set forth above. Signed this 0 Ut, unn C. HHipu]l Burin Street Address, City, State, Zip: 2014, STATE OF CO ,RA. COUNTY OF .._ The foregoing instrument was acknowledged before me this iM day o by Tem Bunn and Emilia Ripoll Bunn ra—MAFILA 0 WELLBORN —1 Notary Public State of Colotado My Commission Expires: F.bruaty 26, 2015 LIB 2015 My commission expires: 2 Page - Listing Report Page 19 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Monroe Ball (conrad) ) Mountain View Thompson R2 -j ILOT INFORMATION Lot SqFt: 6,098 Approx. Acres: 014 Eloc: City Water: City Gas: Xcel PIN: Waterfront: No Water Rights: No Taxes/Yr: $1,215/2012 1st HOA: $35 / M Xfer: No Rsrv: No Cow: Yes 2nd HOA: No Zoning: resd Water Meter: Yes Well Permit #: IF ES AILS #: 729115 Price: $254,900 294 Sand Grouse Dr, Loveland 80537 Type: Residential -Detached Status: Sold LOCATION INFORMATION i Locale: Loveland Area/Su bArea: 8/15 Subdivision: Garden Gate Legal: Lot 9, Elk 16, Garden Gate First Sub County: Lorimer OLD INFORMATION Sold Date: 05109/2014 Terms: CONV FIX Down Pmt Assist: N Concession Type: CC Points Paid/Seller: 0 Total Concession Amt: $3,500 SA: Alycia Martinez SO: Group Centerra Sold Price: $247,000 DOM: 65 DTC: 15 DTS: 65 Points Paid/Buyer: 0 303-994-6307 970-613-0700 IBUPLDIHG INFORMATION Total SqFt All Luis: 3193 ($77/SF) Total Finished SgFt: 1599 ($154/SF) Finished SgFt wio Bsmt: 1599 ($154/SF) Upper Level SqFt: # Garage Spaces: 2 Garage SqFt: 484 Year Built: 2006 New Const: No Builder: Basement SqFt: 1594 Lower Level SqFt: Main Level SqFt: 1599 Addl Upper Lvl: Garage Type: Attached SqFt Source: Model: COMMENTS Listing Comments: Pristine Ranch with full unfinished basement in lovely Garden Gate Sub. includes 3 8drms. 2 full baths, central air, vaulted ceilings, 3 -sided gas fireplace, large kitchen w/ Maple cabinets, Master suite with walk-in closet and 5 -piece Mst bath and more. Attached oversized 2 -Car garage. Mature landscaping wt patio, privacy fence and sprinkler system. Wonderful neighborhood close to schools, parks and shopping. LO: Home Savings Realty For Showings: 970-988-9098 LA: Michael Nicholson Information deemed reiiabie'but not guaranteed. MLScontent and images Copyright 1995-2015, IRES LLB All rights reserved http://www.iresis.corn/MLS/awaireportsaisting?reportName ToPage 6/18/2015 2 Page - Listing Report Page 20 of 46 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Oversized Garage Location Description: Deciduous Trees, Level Lot Fences: Enclosed Fenced Area, Other Fence Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks Road Access: City Street INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Microwave, Garage Door Opener Energy Features: Southern Exposure, Double Pane Windows Design Features: Separate Dining Room, CathedralAlaulted Cotlogs, Open Floor Plan, Walk-in Closet Master Bedroom/Bath: 5 Piece master Bath Fireplaces: Gas Fireplace )THER: Utilities: Natural Gas, Electric water/Severe City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Refrigerator, Washer, Dryer LO: Home Savings Realty Phone: 970-691-8429 Fax: 970-225-0975 Bedrooms: 3 Baths Bsmt Full 0 3/4 0 r1l2 0 Baths: 2 Lwr Main 0 0 0 2 0 0 Rough ins: 0 Addi 0 0 0 0 0 0 Total 2 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master BSI Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office LI PS O M M M M M M M Floor Carpet Carpet Carpet 10 11 Carpet 11 5 15 1st. 51 Wince i+u,anta it Sec hopl 16 9 13 LA: Michael Nicholson Phone: 970-691-8429 Email: mnicholson@homesavingsrealty.net Fax: 970-223-2305 Vinyl Vinyl Carpet TB: 2.00 BA: 2.00 Buyer Excl: No Contract: T For Showings: 970-988-9098 Min EM: $2,500 EM Reclp: Land Title Lim Svc: Y Brokers may contact seller directly for showings appts,. Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, [RES LLC. All rights reserved. http :/l rw. iresis.corn/ML /a aJreportsllisting?reportName=Two^Page 6/18/2015 RECEPTION#: 20140027690, 05/30/2014 at 10:20:25 AM, 1 OF 1, R $11600 State Documentary Fee $24.70 TD Pgs: 2 Angela Myers/ Clerk £ Recorder, Larirner County, CO WARRANTY DEED THIS DEED, made this 23rd day of May, 2014, between RAMON GONZALEZ of the County of LARIMER, State of Colorado, grantor(e), and PATRICK J. SANTOS AND JAMIE M, SANTOS whose legal address is 214 SNOW GOOSE AVENUE, Loveland, CO 80637 of the County of LARIMER , State of Colorado, grantee(s) RECORDER'S STAMP joc FEE $24.70 WITNESS, that the grantor(s), for and in consideration of the sum of Two Hundred Forty -Seven Thousand arid 00/1001 ($247,000.00) the receipt and sufficiency of which is hereby acknowledged, Mate/has granted, bargained, sold and conveyed, and by these presents do(es) grant,. bargain, self, convey and confirm unto the grantees, their heirs and assigns forever, not In tenancy In common but in joint tenanoy, all the real property together with improvements, if any, situate, lying and being in the County of LARIMER, State of Colorado, described as follows: LOT 3, BLOCK 3, GARDEN GATES FIRST SUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED OCTOBER 26, 2004 AT RECEPTION NO. 2004.0103767 AND AFFIDAVIT OF CORRECTION TO THE FINAL PLAT FOR GARDEN GATE FIRST SUBDIVISION RECORDED FEBRUARY 2, 2005 AT RECEPTION NO 2005-0008745, COUNTY OF LARIMER STATE OF COLORADO. also known by street and number as 214 SNOW GOOSE AVENUE, LOVELAND, CO 80537, TOGETHER with ail and singular the hereditements and appurtenances thereunto belonging, or in anywise appertaining 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 grantcr(s)t 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 grantees, their heirs and assigns forever. And the grantor(sj, for him/herself, its/their heirs and personal representatives dotes) covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the enseal ing and delivery + f these presents are well seized of the premises above conveyed, have/had good, sure, perfect absolute and Indefeasible estate of inheritanc€, in law, in fee simple, and eaveitied good right, kill power and lawful authority to grant, bargain, sell and convey the same e in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens., taxes, assessment's, encumbrances and restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR AND SUBSEQUENT YEARS, EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS -OF -WAY OF RECORD IF ANY; AND DISTRIBUTION UTILITY EASEMENTS: AND MATTERS NOT SHOWN' ' BY THE PUBLIC RECORDS DS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO 7514-22278A ISSUED BY GUARDIAN TITLE AGENCY, LLC Tee granter(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF the grantor(s) have/had executed this dead on the date set forth above. Rfr-Orte) Cei 41:745.4 RAMON GONZALEZ STATE OF COLORADO County of LARIMER )as. The foregoing instrument was acknowledged before me this 23rd day of May, 2014, by RAMON GONZALEZ My commission expires: NI flat MyCornr,ission &v,iram 03/12/2015 Guardian Title #7514-22278A 20_, Witness arp and cis! seals Warranty Deed- Joint Tenant 2 Page - Listing Report Page 17 of 46 IIHOOL INFORMATION Elementary: EJementary2: Middle/Jr.: High School: School District: Winona New Vision Charter Ball (conrad) Mountain View Thompson R2 -j t07 INFORMATION i Lot SqFt: 8,000 Approx. Acres: 0.18 Elec: City/ Loveland Water: City/ Loveland Gas: Xcel PIN: Waterfront: No Water Rights; No TaxeslYr: $1,20312012 1st HOA: Garden Gate Hca $35 l NI Xfer: Yes Rsrv: Yes Oov: Yes 2nd ROA:No Zoning: Res Water Meter: Yes Well Permit #: IRES MLS #: 127038 Price: $246,900 2054 Torrent Duck Ave, Loveland 80537 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Loveland Area/Su bArea: 8/15 Subdivision: Garden Gate Legal: Lot 2, Block 12,Garden Gate First Sub County: Larimer SOLD INFORMATION Sold Date: 03/21/2014 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Scott Phebus SO: Walker Realty Group Sold Price: $240,900 DOM: 4 DTO: 4 DTS: 44 970-215-1310 720-341-8127 IBUILDING INFORMATION Total SqFt All Lvls: 2547 ($97/SF) Total Finished SqFt; 1852 ($133/SF) Finished SgFt w/o Bsmt: 1852 ($1 aa/SF) Upper Level SqFt: 770 # Garage Spaces: 2 Garage SqFt: Year Built: 2007 New Coast: No Builder: J and J Construction Basement SqFt: 530 Lower Level SqFt: 450 Main Level SqFt: 652 Add' Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: ICOMMENTS Listing Comments: Impeccably maintained, move -in ready, four level corner lot, with 3 bedrooms, 3 bath, and air conditioning. Vaulted ceilings on main level has a large living room, dining area and kitchen wfgranite countertops, maple cabinets, MayTag appliances includes refrigerator and built-in micro. Ceiling fans in all rooms. Lower family wlgas fireplace and sliding glass door access to backyard. SunSetter retracting awning over patio, garden area, sprinkler system, white fence. Buyer to verify sq. footage, Broker Remarks: an additional 220 sq. feet in basement finished without permit_Desk in upper loft to stay if wanted. 8,74 .T LO: Resident Realty For Showings: LO: (970)2828585 LA: Pete Borba III Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IDES LLC All rights reserved, http://www.iresis.comPVILSiawaireportsilisting?reporthame Two_Page 6/18/2015 2 Page - Listing Report Page 18 of 46 PR0PERTY FEATURES EXTERIOR: Style: Four -Level Construction: Block Roof; Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities, Management Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio Location Description: HouselLot Faces N Fences: Other Fence Views: Back Range/Snow Capped Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light, Fire Hydrant within 500 Feet Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Unfinished Basement, Rough -in for Radon Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Dishwasher, Refrigerator, Microwave, Disposal, Smoke Alarm(s) Energy Features: Double Pane Windows Design Features: Cathedral/Vaulted Ceilings, Open Floor Plans Washer/Dryer Hookups Master Bedroom/Bath: 3/4 Master Bath Fireplaces: Gas Fireplace, Gas Logs Included OTHER: Utilities; Natural Gas, Electric Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: Resident Realty Phone: 970-282-8585 Fax: 970-797-1121 'BEDROOMS AND BATHROOMS Bedrooms: 3 Baths Full 314 1/2 Bsmt 0 0 0 (ROOM SIZES Baths: 3 Lwr Main 0 0 1 0 0 0 All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rea room Study/Office 420 414 O CD KhyolotE Wehem Ekrnentahool rye Corr bi rd St U U M L M L M N ita% ALlie Rough Ins: 1 LIE Add! Total 1 0 1 1 0 1 0 0 1 Lath 15 12 12 Width 13 11 11 Floor Carpet Carpet Carpet Tr 12 11 Carpet 18 15 Carpet 12 11 Vinyl 10 7 Vinyl 18 15 Carpet i " SS S S Calcite St DRIVING DIRETIONS 1st Street East of wise Ave. to Spoonbill. South to Canada Goose and then East 1 block to Green Teal , then South to Torrent Duck. House Is on corner LA: Pete Borba III Phone: 970-218-2687 Email: Borba.Pete@yahoo.com Fax: 970-797-1121 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: LO: (970)282-8585 Min EM: $2,500 EM Recip: Unified Title Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:15 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, TIES LLC. Ali rights reserved. http://www.iresis.com/MLS/awa/reporis/listing?reportName To_Page 6/1 S/2015 RECEPTION#: 20140014005, 03/21/2014 at 02:59:37 PM, 1 OF 1, R $11.00 State Documentary Fee $24.69 TD Pgs: 2 Angela Myers, Clerk & Recorder, Latimer County, CO SPECIAL WARR.ANT's DEED DOC `EE: $24,69 THIS DEED, made this 21st day of March, 2014 between Robert L, Baker sod Audrey Baker, of the County of Larimer and State of Colorado, grantor(s), and Brittany Warren and Matthew Warren whose legal address is 2M54 Torrent fuel Avenue, Lovleand, CO 80537 of the County of Larimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED AND O0/100 DOLLARS ($246,900.OO), the receipt end. 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(s), his/her heirs, and assigns forever, JOINT TENANTS, all the real property, together with improvements, if any, situate, lying and being in the County of Larimer and State of Colorado, described as follows: Lot 2, Block 12, Garden Gate First Subdivision according to the final plat recorded October 26, 2004 at Reception No. 2OO4 103767 and Affidavit of Correction to the final plat for Garden Gate First Subdivision recorded February 2, 2005 at Reception No, 20050008748, County of Larimer, State of Colorado also known. by street and number as: 2054 Torrent Duck Avenue, Loveland, CO 80537 TOGETHER with all and singular the hereditament and appurtenances thorcunto belonging, or in anywise appertaining,. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and a]! the estate, right, tide, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the i3ereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), hisser heirs, and assigns forever, The grantor(s), for himselfTherself, his/her heirs, and personal representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable p-ossession of the grantee(s), his/her heirs, and assigns, against all and every person or persons claiming, the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. Robert L. Baker STATE OF COLORADO COUNTY OF V I 0I. at ; Y . � J 'r -I r� � :al � i , Y 3 'r d�■ The foregoing instrument was acknowledged before me this March 21, 2014, by Robert L, Baker and Audrey Baker, My Commission expires: Id r . $ 4 Witness my hand and ofcial, seal. ciourim Notary Public ti Gi Nor rN ant OYiY ,i SPECIAL WARRANTY DEED 202.10 TNC 2 Page - Listing Report. Page 21 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: ILOT INFdRMAT10N Winona Ball (conrad) Mountain View Thompson R2 -j i Lot SgFt: 6,600 Approx. Acres: 0.15 Elec: City Water; City Gas: Xcel PIN: 8019126016 Waterfront: No Water Rights: No TaxesfYr: $1,13912012 1st HOA: $35 M )(ter: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: !RES MLS #: 716843 Price: $225,000 2146 Blue Duck Dr, Loveland 80537 Type: Residential -Detached Status: Sold Websito: www.iresis.com(ci4/mis/710643 LOCATION INFORMATION Locale: Loveland Area/SubArea: 8/15 Subdivision: Garden Gate 1st Sub Legal: Lot 16, BIk 10 County: Larimer rsoLD INFORMATION Sold Date: 10/15/2013 Terms: CO NV FIX Down Pmt Assist: N Concession Type; CC Points Paid/Seller: 500 Total Concession Amt: $500 SA: Ben Woodrum SO: Caldwell Banker Res -Ft Collins Sold Price: $220,000 DOMM 64 DTO: 19 DTS: 64 Points Paid/Buyer: 0 970-581-2540 970-223-6500 [&IiEOING INFORMATION ,Total SqFt All Lvls: 2616 ($a4/SF) Total Finished SqFt: 1308 ($168/SF) Finished SgFt w!o Bsmt: 1300'($168/SF) Upper Level SqFt: # Garage Spaces; 2 Garage SqFt: 420 Year Built: 2006 New Coast: No Builder: Basement SgFt: 1308 Lower Level SqFt: Main Level SgFt: 1308 Addl Upper Lvi: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Charming ranch in SE Loveland that backs to farm land & greenbelt. Original owners, open floor plan, vaulted ceiling, nice covered front porch, master offers a full bath w/ 2 sinks & good sized walk in closet, main floor laundry room, unfinished basement for future expansion, all the kitchen appliances are included, fenced, faces west for afternoon shade on the deck & flagstone patio, A/C & Sprinkler System Don't forget the neighborhood park & sports court 2 blocks away. Possession flexible Broker Remarks: Please try and give a little notice to show LO: RE/MAX Alliance -Loveland For Showings: CSS 970-663-7469 LA: David W Powell Information deemed reliable but not guaranteed V FLS content and images Copyri iL 1995-2015. IDES LL_I. All rights reserved http://ww .iresis.com/DIES/a a/reports/listing?reportNarne—T o_Page 6/18/2015 2 Page - Listing Report Page 22 of 46 I PROPERTY FEATURES EXTERIOR: Style: 1 StorylRa nch Construction: Wood/Frame, Brick/Brick Veneer, Composition Siding Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities Type: Legal, Non -conforming Outdoor Features: Lawn Sprinkler System, Deck Location Description: Level Lot, House/Lot Faces W, Within City Limits Fences,; Enclosed Fenced Area, Other Fence Views: Plains View Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Microwave, Garage Door Opener, Disposal, Smoke Alarm(s) Energy Features: Southern Exposure, Double Pane Windows Design Features: Separate Dining Room, Cathedral/Vaulted Ceilings. Open Floor Plan, Walk-in Closet, Washer/Dryer Hookups: Kitchen Island Master Bedroom/Bath: Full Master Bath Disabled Accessibility: Level Lot, Level Drive, Main Floor Bath , Main Level Bedroom , Main Level Laundry OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail dater!Sower: City Water, City Sewer Ownership:. Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Flnancing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Sellers Personal Items not attached to the home, Washer, Dryer, Freezer LO: RE/MAX Alliance -Loveland Phone: 970-669-1234 Fax: 970-669-3030 ,BEDROOMSSAND BATHROOMS i Bedrooms: 3 Baths Bsmt Full 314 1/2 Baths: 2 Lwr Main 0 2 0 0 0 0 0 0 All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Rough ins: 1 Upr A� Ti 0 0 2 0 0 0 0 0 0 bevel Lei M 13 M 11 M 10 11 9 10 E1291 Carpet Carpet Carpet M 10 9 Vinyl M 17 14 Carpet M 12 10 Vinyl M 6 5 Vinyl F :1!h �t Fhi Via IIf4 sr bird SI € 1st St a r S t~rneraPU Si 127 p Tu r ,g!t n t= r 27471 DRIVING DIRECTIONS 1st Street East of Boise and West of Denver Ave to Spoonbill turn on Spoonbill and then make a left on Canada Goose Follow down to Blue Duck home is right in front of you LA: David W Powell Phone: 970-481-5015 Email: davidpowell@remax.net Fax: 970-669-3030 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS 970-663-7469 Min EM: $27000 EM Recip: ICE}MAX Alliance Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved. http://w .iresis.conVIALS/a reports/listing?reportName=Two Page 6/18/2015 RECEPTION# : Documentary County, CO 20130078024, 10/16/2013 at 09:15:06 Fee $22800 TD Pgs: 1 Angela Myers AM, 1 OF 1, R $11.00 State Clerk & Recorder, Larimer James Marlowe 2148 Blue Duck Drive Loveland, CO 80537 WARRANTY DEED THIS DEED, Made on October 15, 2013 between Jared Diller and Krystal A. Diller f/ltfa Krystal A. Brown of the County of Larimer, Skate of Colorado, grantor(s), and James Marlowe and Jennifer Cash whose legal address is 2146 Blue Duck Drive Loveland. CO 80537 of the County of Larimer, State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Two Hundred Twenty Thousand and 00/100 DOLLARS ($220,000.00), the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s), AS JOINT TENANTS, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being In the County of Larimer and State of Colorado, described as follows: Lot 16, Block 10, Garden Gate First Subdivision, according to the Final Plat recorded October 28, 2004 at Reception No. 20040 10376 7 and Affidavit of Correction to the Final Plat for Garden Gate First Subdivision recorded February 2, 2006 at Reception No. 20050008748, County of Larimer, State of Colorado as known by stmt and numbers: 2146 Blue Duck Drive, Loveland. CO 80537 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or to anywise appertaining and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and ail the estate, right, title, Interest, claim and demand whatsoever of the grantor(s), either In Maw or equity, of, in and to the above bargained premises, with the heredltarnents and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of the presents, they are well seized of the premises above conveyed, had 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 aforesaid, and that the same are free and clear from ell former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 2013 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantov(s), Chair heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. Wtt,erever used herein, the plural referencesshall he construed to be s]rigular references and singular references shall be construed to be plural reFerenoes where the context requires and all tetaroncl s of geridor and person shall be construed to refer to the grantor or grantors Identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have executed 'hi end �n I d =et forth above, STATE OF COLORADO COUNTY OF LARIf IER rThl Li) rystal A. Diller f is rystai A. Brown ss, } etratrgiqng Instrument was acknowledged before me this _ J thy of byJared Diller and Krystal A,r Oilier r1k i Krystal A, Brown. Witness my hand And official seal. My oarnmisslc r cOres 03104 5 33400-13-10656 SFS No� t, 10-97 Witmmtt Deed /To Joint Tenants NORTH AMERICAN TITLE COMPANY Oi= COLORADO 921 COOTD.2631 Rev 11/9/04 It/ Notary Pu tc KELLY L. OXENDER NOTEPUGI STA1E OF COLORADO NOTARY ID 2011 13769 i 2 Page - Listing Report Page 15 of 46 SCHOOL INFORMATION Elementary: MiddIeIJr.: High School: School District: Monroe Ball (Conrad) Mountain View Thompson R2 -t CLOT INFORMATION Lot SqFt: 10,613 Approx. Acres: 0.24 Eloc: City of LVLD Water: City of LVLD Gas: Xcel PIN: 85191-37-009 Waterfront: No Water Rights: No Taxes/Yr: $1,197/2012 1st HOA: $35 / M Xfer: Yes Rsrv: Yes Cow: Yes 2nd I-IOA: No Zoning: RES Water Meter: Yes Well Permit #: ACES MLS #: 705961 Price: $240,000 2098 Sandhill Crane Cir, Loveland 80537 Type: Residential -Detached Status: Sold Website: www.iresis.com/doimls/705961 LOCATION INFORMATION Locale: Loveland County: Larimer AreaiSu bArea: 3115 Subdivision: Garden Gate Legal: LOT 9, BLOCK 24, GARDEN GATE FIRST SUB (20040103767) SOLD INFORMATION Sold Date: 06/07/2013 Terms: VA FIX Down Pmt Assist: N Concession Type: None SA: Stephanie Kirkland SO: Group Centerra Sold Price: $240,000 DOM: 43 DTO: 5 DTS: 43 970-679-8084 970-613-0700 BUILDING INFORMATION Total SqFt All Lvls: 2984 ($80/SF) Total Finished SqFt: 1492 ($161/SF) Finished SqFt w/o Bsmt: 1492 ($161/SF) Upper Loves SqFt: # Garage Spaces: 2 Garage SgFt: 400 Year Built: 2007 New Const: No Builder: Basement SqFt: 1492 Lower Level SqFt: Main Level SqFt: 1492 Addl Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: A lovely ranch style home w/ inviting, comfortable, floor plan, & easy one -level living in a quiet community backing to open space wl wonderful mountain views! 3 Comfy bedrooms (one can be an office) & a very spacious family room including a double sided fireplace into the open kitchen! Additional features are open floorplan, vaulted ceiling, A/C, newer interior paint, large fenced backyard complete with sprinkler front and back, large deck, & wired for a hot tub too! Quick possesion possible. LO: Group Centerra For Showings: LO: (970)613-0700 LA: Stephanie Kirkland Information deemed reliable but not guaranteed PALS content and ;ma•ges Copyright 1995-20 15„ IRES LlaC. All rights reserved. http :llvvw. ire sis .colon/S/a a/reports/l fisting ?reportNane=Two_Page 6/18/2015 2 Page - Listing Report Page 16 of 46 frROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee includes: Common Amenities, Management Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Deck Location Description: Abuts Private Open Space, Within City Limits Fences: Enclosed Fenced Area, Other Fence Lot improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light, Fire Hydrant within 500 Feet Road Access: City Street Road Surface At Property Line: Blacktop Road i INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement Radon Unknown Heating: Forced Air, Humidifier Cooling: Central Air Conditioning, Whole House Fan Inclusions: Window Coverings, Gas Range/Oven, Self -Cleaning Oven, Dishwasher, Refrigerator, Garage Door Opener, Disposal Energy Features: Double Pane Windows, Set Back Thermostat Design Features: Eat -in Kitchen, CathedrallVaulted Ceilings, Open Floor Plan, Stain/Natural Trim, Walk-in Closet, Washer{Dryer Hookups Master Bedroom/Bath: Full Master Bath Fireplaces: Gas Fireplace, Multi -sided Fireplace, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail Water/Sewer: City Water, City Sewer Ownership; Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Seller's Personal Property, Washer, Dryer, Hot Tub LO: Group Centerra Phone: 070-613-0700 Fax: 970-667-7955 Rough Ins; 0 Bedrooms: 3 Baths Bsmt Full 0 314 0 1;2 0 Baths: a Lwr Main 0 2 0 0 0 0 a 0 a Addl 0 0 Total 2 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 6 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office • 'rfltr.1fill 'pit V7 Gnu hi rdi St 1 Level M M M M M M M 11 14 7 16 CSA r � o- 0 Width 12 11 11 9 10 6 15 aggl Carpet Carpet Carpet Carpet Vinyl Vinyl Carpet [DRIVING DIRECTIONS From Boise and 1st Street, go East on 1st Street, South on Spoonbill, left on Canada Goose, 1st Right on Greenleaf Dr, 3rd Left on to Shellduck , Left onto Wrybill, 1st Right onto Sand Hill Crane Circle. LA: Stephanie Kirkland Phone: 970-679-3084 Email: skirkland@theg roupinc,com Fax: 970-663-0299 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings: LO: (970)613-0700 Miry EM: $2,033 EM Recip: TGI Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved http:/lwww.iresis.conf11 LS/a a/reports/listing?reportName=Two_Page 6/18/2015 RECEPTION# : Documentary County, CO 20130046394, 06/19/2013 at 11:50:50 Fee $24,00 TD Pgs: 2 Angela Myers, AM, 1 OF 1, R. $11.00 State Clerk & Recorder, Larirner WARRANTY DEED TATS DEED, is dated the 7th thy of June, 2013, and is made between William Brian Chides (whether one, or more than one), the "Grantor," of the County of Latimer and State of Colorado and Leroy Sltoblo and Jackie L. Sh©blo State Doe Fee; $24,00 the "Grantees," whose legal address is: 2098 Sand ill Crane Circle, Loveland CO 80537 of the County of Tower and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( S240,000.00 ) Two Hundred Forty Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any improvements thereon, located in the County of Latimer and State of Colorado described as follows: Lot 9, Block 24, Garden Gate First Subdivision, According to the Final Flat recorded October 26, 2004 at Reception No. 20040103767 and Affidavit of Correction to the Final Nat for Garden Gate First Subdivision recorded. February 2, 2005 at Reception No. 20050008748, County of Larimsr, Mate of Colorado also known by street and number Us: 2098 Saitdhilt Crane Circle, Loveland, CC) 80537 TOGETHER with all and singular the heredit$znents and appurtenances thereto belonging, or in anywise appertaining, the reversions, 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 acid to the about bargained premises, with the hereditarnetsts and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor. for the Grantor and the Grantor's heirs and assigns, tines covenant, grant, bargain, and agree to and with the Grantees, and the Grant a' hairs and assigns: that at the time of the enscaling and dedivcry oflh se presents, the Grantor is well seized of they przn'riiscs a*cwct described; has good, sure, perfect, absolute and indekastblc 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 same are free and clear from all former and other ,grants, bargains, sales, lieu, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: WDETAX And the Grantor shall and will WARRANT AND FOREVER DEFEND the above -described premises, bur not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully c]airrIng the whole or any part thereof. IN WITNESS WHEREOF, the Guano cc1ied this deed on the date set forth above. William Brian Cha,rk State of Colorado County of Larimer The foregoing instrument was acknowledged before me this '7th day of June, 2013, by William Brian Charles my hart _ i i; 1, ss. SONVA R M EENAN NOTARY PUBLIC STATE OF COLORADO c &iS Sel . XPII EB nitX118 TggT +ardor Number: 98889-C-2: Amended l'ead'er old Ivan No, 92L Rev, 10-Il$, Vtianvnty DeS (To Joint Tenants) Notary P l ic: my commission expires; tily 24, 2013 Page ofl 2 Page - Listing Report Page 35 of 46 SCHOOL INFORMATION Elementary: EIementary2 IAA idd lelJr.: High School: School District: Winona New Vision Charter Reed (bill) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 7,142 Approx. Acres: 0 16 Elec: Loveland Water: Loveland Gas: Xoel PIN: Waterfront: No Water Rights: No Taxes/Yr: $2,359/2012 1st HOA: Stone Creek 970-377-1626 $75 / M Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No 1COMMENTS Zoning: RES Water Meter: Yes Well Permit*: IRES MLS #: 719066 2755 Dafina Dr, Loveland 50537 Type: Residential -Detached Price: $280,000 Status: Sold LOCATION INFORMATION Locale: Loveland AreaiSubArea: 8/17 Subdivision: Stone Creek Legal: LOT 1 BLOCK 3, MILLENIUM County: Larirner [SOLD INFORMATION i Sold Date: 00/11312014 Terms: CC NV FIX Down Pmt Assist: N Concession Type: None SA: Amy Dollarhide SO: Sears Real Estate Sold Price: $280,000 DOM: 300 DTO: 220 DTS: 300 970-397-4391 970-330-7700 IBUILDING INFORMATION Total SqFt All Lvls: 3814 ($77/SF) Total Finished SqFt: 1816 ($154/SF) Finished SgFt w/o Bsmt: 1816 ($154/SF9 Upper Level SqFt: # Garage Spaces: 2 Garage SqFt: 462 Year Built: 2004 New Const: No Builder: Parkside Homes Basement SqFt: 1798 Lower Level SgFt: Main Level SqFt: 1816 Addi Upper Lvi: Garage Type: Attached SqFt Source: Assessor records Model: Nottingham Listing Comments: Beautiful Ranch with front range mountain views and Open Space behind the property. Tray ceilings adorn the Great room and Master bedroom. Walk-in closet in Master bedroom. 5 piece Master bath_ In-house alarm system. Full unfinished basement for storage and improvements_ Community Clubhouse with pool and fitness room. HOA fees only $76/month. SHORT SALE, Broker Remarks: A Short Sale Specialist from Guardian Title has been hired, As of 2-20-2014, the Sellers have signed a counter offer from a Buyer, and the bank is reviewing the deal. If you submit an offer, please understand the bank will not accept less than $280000_ LO: Caldwell Banker Res-Canyon8lvd For Showings: CSS 970-663-74(9 LA: Ed KeIIogo Inforrnabon deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC Al! rights reserved Eittp://www.iresispcom/MLS/awaireportsilisting?reportName Two_Page 6/18/2015 2 Page - Listing Report Page 36 of 46 FRO PERTY FEATURES EXTERIOR: Style: 1 Story/Ranch 'Construction: Wood/Frame, Composition Siding Roof: Composition Roof ,Common Amenities: Clubhouse, Hot Tub, Poor, Exercise Room, Common Recreation/Park Area ;Association Fee Includes: Common Amenities, Trash, Management Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio Fences: Partially Fenced Views: Back Range/Snow Capped Lot Improvements: Street Paved, Sidewalks INTERIOR: Basement Foundation: Unfinished Basement, Sump Pump Heating: Forced Air 'Cooling: Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Microwave, Security System Leased Design Features: Eat -in Kitchen, Cathedra /Vaulted Ceilings, Open Floor Plan, Bay or Bow Window, Walk-in Closet, Kitchen Island Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace OTHER: Utilities: Natural Gas, Electric, Cable TV Available Water/Sewer: City Water, City Sewer Ownership! Private Owner Occupied By: Vacant not for Rent Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure, Lead Paint Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA, Short Pay LO: Cordwell Banker Res-CanyonBlvd Phone: 303-449-5000 Fax: 303-449-6969 BEDROOMS AND BATHROOMS Bedrooms: 3 Baths Bsmt Full 0 3/4 112 0 0 Baths: 2 Lwr Main 0 2 0 0 0 a Rough Ins: 1 LIE Addl l Total 0 0 2 0 0 0 0 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Level Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Stu dy/Office sapphire St 0 w E M M M Width 14 10 12 FI Carpet Carpet Carpet M 15 10 Carpet - c m M 17 13 Carpet M 10 15 Tile 4--1 WI I n 4-6 vi 426 Caw- T�n7Leda iie Fa rn) r•l uzeu m a P. s �-W--ara rs-— r r ��..- t - DRIVING DIRECTIONS From Highway 34, south ort Denver Ave, East on 1st, At the curve, turn left (north) on Alden, then right on Dafina LA: Ed Kellogg Phone; 303-817-2417 Email: Ed.Kellogg@ColoradoHomes.com Fax: 303-449-6969 TB: 3.00 BA: 3.00 Buyer Excl: No Contract RV For Showings: CSS 970-663-7469 Min EM: $3,000 EM Recip: GUARDIAN TITLE Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed MLS content and images Copyright 1995-2015, IRES LLC All rights reserved http://ww F. iresi s. com/ L /awalrep arts/I isting :'reportName=Twa_Page 6/18/2015 RECEPTION#: : 20140037662, 07/14/2014 at 08:03:21 AM, 1 OF 2, P. $16.00 State Documentary Fee $29.00 TD Pgs: 2 Angela Myers, Clerk & Recorder, Larimer County, CO WARRANTY DEED THIS DEED, made this 13th day of June 2014, between CHARLES B. POWELL AND DOI-+IA, WI POWELL of the County of LARIMER, State of Colorado, grantor(s), and C ,Aee& L LESENER whose legal address is 2755 DAFINtA C*t VE, Loveland, CC) 50537 of the County of LARIMER, State of Colorado, grantees: RECORDER'S STAMP agir 0O WITNESS, tat the grareor(s), for and in consideration of the sum of Two Hundred Eighty Thousand and COVI NI. 0280,000,00), !ha receipt and sufficiency of which is hereby Reienewledgedi lravereas granted, trargained, sold and conveyed, and by these presents {es.) grant, bargain, sell, coneey and corditir unto the grantees, their heirs and assigns forever, all the real property together with imprueetnerlts, if any, seuao, lying and being in County of LARIMER and State of Colorado., dssacr`hed as follows: LOT 1, BLOCK 3, MILLENNIUM SW SECOND SUBDIVISION, TO THE CITE' OF LOVELAND, COUNTY OF LARIMER,_ STATE OF COLORADO also known by street and number as 2755 I AFINA CAVE, LOVELAND, CO 60537, TOGETHER with all md singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining, the reversion and reversions, remainder and remainder rents, issues and profits thereof, and all the estate, right, title interest, claim and demand wt:'atsoe+a r of the grantors), 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 to grantees, their heirs and assigns forever. And the granter(s), for him/herself, its/their heirs and personal representatives do(es) covenant, grant, bargets and agree to and with the grantees, their heir',; and assigns, that at the tlrne of the enseeting and delivery of these presents are well seized of the premises above conveyed, have/had goad, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and trave/had good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form aforesaid, and that the sarrre are tee and clear from all termer and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soviet, EXCEPT FOR TAXES FOR THE CURRENT YEAR AND SUBSEQUENT YEARS, EASEMENTS, RESERVATIONS.. RESTRICTIONS, COVENANTS. AND RIGHTS -OF -WAY OF RECORD IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS SLIT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; MD BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO tN TITLE INSURANCE COMMITMENT NO. 8 213-STIOSSS ISSUED BY GUARDIAN TITLE AGENCY, i.LC The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises Ent the quiet and peaceable possession of the grantees. their heirs and assigns, against ail and every person or persons lawfully claiming the whole or any part thereof._ IN TIESS H EREOF the granter(s) have/had executed this deed on the date set forth above, ON ANA M POWELL STATE OF County of The foregoing instrument was ac$cnowiedged before me this days of knew. 2014, by CILIARLES B. POWELL and DONNA M P OWE LL. My com hiss on expires• p f _ 20__ Witness my hand and official seal. Name and Address of person Creating Newly Created Legal Description N38-15%105. C R S y Guardian Title #6213-511 9858 i W._- 1 art M' Warranty Peed - Photo 2 Page - Listing Report Page 23 of 46 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Winona Ball (conrad) Mountain View Thompson R2 -j LOT INFORMATION Lot SgFt: 6,985 Approx. Acres: 0.16 Elec: Loveland Water: City of Loveland Gas: Xcei PIN: Waterfront: No Water Rights: No Taxes/Yr: $3,30612012 1st HOA: Stony Creek Faith Property Man 970-377-1626 $75 / M Xfor; Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: !RES MLS #: 721175 2795 Dafina Dr, Loveland 80537 Type: Residential -Detached ELOCATION INFORMATION Locale: Loveland Area/SubArea: 8117 Subdivision: Millennium SW Legal: Lot 5 Block 3 Price: $373,000 Status: Sold County: Larirner SOLD INFORMATION Sold Date: 02/28/2014 Terms: CONV FIX Down Pmt Assist: N Concession Type: CC Points Paid/Seller: 4000 Total Concession Amt: $4,000 SA: Sage Oglesby SO: az Real Estate Sold Price: $365,500 DCM : 139 DTO: 118 DTS: 139 Points Paid/Buyer: 0 970-324-3412 720-399-7360 I BUILDING INFORMATION Total SqFt All Lvls; 4369 ($84/SF) Total Finished SqFt: 4369 ($84/SF) Finished SqFt vi!o Bsmt: 3002 ($122/SF) Upper Level SqFt: 1493 # Garage Spaces: 3 Garage SqFt: 864 Year Built: 2005 New Const: No Builder: Basement SqFt: 1367 Lower Level SqFt: Main Level SgFt: 1509 Add! Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Time to check this out again!! The value this home offers, especially at this newly reduced price, has no competition. Open floor plan, finished basement, wonderful kitchen,3 car garage, two AC, 2 furnaces. many amenities, Great views, great square footage. Come see for your self HOA offers pool and fitness center. Possible candidate for speedy closing. Vacant land abutting the property is owned by the school district. There has been final decision on the utilization of the ground. Broker Remarks: Owners transferred out of state. Please allow 36 hours for response to offers.Security system is alarmed. At the request of the owners, listing agent will arrive ahead of showings to disarm system, LO: Keller W1st Realty For Showings: LA: (303)746-0345 LA: Sandy Taylor Information deemed reliable but not guaranteed MLS content and images Copyright 19954015, RES L LC Al rights r'eserv'ed_ htt-p.// vvvvv.iresis.com/MLS/awa/reports/l isting ?reportNarne=Two_Page 6/18/2015 2 Page - Listing Report Page 24 of 46 [PROPERTY FEATURES EXTERIOR: Style: 2 Story Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Common Amenities: Clubhouse, Pool, Exercise Room Association Fee Includes: Common Amenities, Trash, Management Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio Location Description: Deciduous Trees, Level Lot, House{Lot Faces E, Within City Limits Fences: Partially Fenced Views: Foothills View Lot Improvements: Street Paved, Curbs, Gutters Road Access: City Street INTERIOR: Basement/Foundation: 90%+ Finished Basement, Sump Pump Heating: Forced Air, 2 or more Heat Sources Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Self- Cleaning Oven, Dishwasher, Refrigerator, Microwave, Security System Owned, Garage Door Opener, Disposal, Smoke Alann(s) Energy Features: Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Stain{Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors, Kitchen Island Master Bedroom/Bath: Full Master Bath, Tub+Shower Master, Luxury Features Master Bath Fireplaces: Gas Fireplace, Multi -sided Fireplace, Master Bedroom Fireplace, Great Room Fireplace OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Vacant not for Rent Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: Keller Williams 1st Realty Phone: 303-776-3200 Fax: 303-678-8956 Bedrooms: 5 Baths Bsmt Full 3/4 1/2 1 0 0 Baths: 4 Lwr Main Rough Ins: 0 Addl Total o 0 2 0 3 0 0 0 0 0 0 1 0 0 1 ROOMSIZES IZ ES All Bedrooms Conform: Yes Level Lem 19 13 12 11 12 Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Roc room Study/Office U U U U B M 12 r Art 19 M 13 B M a Width Floor 13 Carpet 10 Carpet 11 Carpet 10 Carpet 11 Carpet 12 Carpet 'I Brick 13 Wood 22 20 Carpet 12 10 Carpet vp S&PF hi it St Turlun,!e Sr Emerald St Tungsten 0 rot ised Elst5t DRIVING DIRECTIONS 287 to 1st St. East to Alden.Iefi on Alden, right on Dafina Dr_ West side of street. LA: Sandy Taylor Phone: 303-746-0345 Email: sandytaylor@kw.com Fax: 303-678-8956 TB: 2.80 BA: 2.80 Buyer Excl: No Contract: R For Showings: LA: (303)746-0345 Min EM: $3,500 EM Rocip: Stewart Title Company Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:18 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved. ht-tp://www,iresis.com/MLS/awaireportsilisting?reportName ToPage 6/18/2015 RECEPTION#: 20140011889, 03/11/2014 at 09:46:14 AM, 1 OF 1, R $11.00 State Documentary Fee $36.55 TD Pgs: 2 Angela Myers, Clerk & Recorder, Latimer County, CO THIS DEED is dated the 0 day of Wayne J. Barber, Jr. and Raehael G. Bather (whether ore, or more then one), the nOrEwrturn of the County of Larimer end Wale of Colorado and David B. Brigham (whothor ore, or more trim one), the "Grantee", vtlhoee legal address is. 2795 Dafina Drive, Loveland, CO 80537 of The Coup at Larimer and ate of {orado. WITNESS, that The Grantor, for ar,d In consideration of Thu turn of Three Hundred Sixty Five Thousand Five Hundred Dollars and No Cents ( $3655500.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby sivnfsi, bargains, sea, conveys and confrrrris unto the Grantee and the Grantee's heirs end assigns forever, all The real property, together with any lmprovernents thereon, located to the County of Larimsr and State of Colorado assorted as follows; Lot 5, Block 3, MILLENNIUM SW SECOND SUBDIVISION to the City of Luvc1 nd, County of Ladner, Stato of Colorado WARRANTY DEED State Doc Fee: $38.65 Recording Fee: $11.00 col 4and is made between also known by street address as: 2795 Dana Drive, Loveland, CO 80537 TOGETHER with all and singular The heredr rtents and appurtenances thereto belonging, or in anywise appertaining, the reversions, r rrrairrderg, rents, issues and pits thorec?, and all the estate, right, Mal interest. Gramm and dernard whatsoever of the Grantx, either in law or egutly, of, In and to to above bargained premises, with #ho horoditarnents and appurtenance; TO RAVE AND TO FOOL D the said premises above bargained and described, with the appurtenance, virtu the Grant, and the Grantees' heirs and assigns former. The Grantor forte Grantor and the Grantor's heirs and assigns. dces covenant, grant, bargain, and agree to and with to Gram, and fileGrantee's heirs and assigns: that at the time of the ensealing and delivery o₹ These presents, the Granter Is well seized of tie premises above described; has good, sure, perm, solute and inderfeasibte ewe of inheritance, in law, and in fee simple; and has good right, full per and lawful authority to grant, bargain, sell and convey the saute in mariner and form as r a?d; and that the same are tree artd clear from all former and other marts, bargains, sates, liens, taxes, moments., encumbrances and 'restrictions of whatever kind cr nature soever, except and subject to: 2014 taxes and all s-ubsequertt years, restrictions, reservations, covenants, easements and rights -of -way of racord, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described prerrisesr tWt.riot any adjoining vecREined street cr allay, if any, in The quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grarrtees, against al aril ennedy parson or persons ]avedy claiming The whole or any partthereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above, Syne J. arbakthrr Rachaei C. Babe; I Sidra of pole ado County of 31 irLOrtW1 The foregoing Thum-erit was acknowledged before me this cOS payee J, Barber Jr and Rachasl C. Barber day of Sn_ 4 CiPi L-1 by Wiltries-s ray hand and official seal. ((AD" Un A ALACI Fir Notary Public My commission expires: 0.1051,90 It APRIL CEBALLOs NOTARY PUBL.iC STATE OF TEXAS WY COMM IMP 0410.5/2014 -t i4 adw ern •J:cp.y.. r.r Stark TUIo File Number. OISSD-38253 Si= WARRAN ( DEED STCO Rage 1 2 Page - Listing Report Page 37 of 46 SCHOOL INFORMATION Elementary: Elementary2: Middle/Jr.: High School! School District: [Lo'nNFoR.mnTuoN Lot SqFt: 7,345 Approx. Acres: 0.17 Elec: Water: City of Loveland Gas: PIN: Waterfront: No Water Rights: No Winona Other Ball (Conrad) Mountain View Thompson R2 -j Zoning: P-59 Water Meter: Yes Well Permit #: n/a Taxes/Yr: $2,412/2012 1st HOA: Stone Creek Master Association 970-377-1626 $75 / M Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No IRES MLS #: 717582 340 Ramsay PI, Loveland 80537 Type: Residential -Detached Website: www.iresis.com/golmis/717582 Price: $309,900 Status: Sold LOCATION INFORMATION Locale: Loveland ArealSubArea: 8/17 Subdivision: Stone Creek Legal: LOT 3, BLOCK 6, MILLENNIUM SW SECOND SUBDIVISION, LDV (2002097281) Sold Date: 1012512013 Terms: CASH Down Pmt Assist: N Concession Type: None SA: Beth Bishop SO: Group Centerra County: Larimer Sold Price: $300,000 DOM: 66 DTG: 37 DTS: 66 970-692-9600 970-613-0700 .BUILDING INFORMATION Total SqFt All Lvls: 3536 (ass/SF) Total Finished SqFt: 1778 ($169/SF) Finished SqFt w/o Bsmt: 1778 ($189/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 700 Year Built: 2005 New Const: No Builder: Parkside Homes i Basement SqFt: 1758 Lower Level SqFt: Main Level SqFt: 1 778 Addl Upper Lvl; Garage Type: Attached SqFt Source: Assessor records Model: Nottingham COMMENTS Listing Comments: Immaculate move in ready home with prof landscaping, hardwood floors, granite tiled counter tops, custom cabs, SS appliances, 2 fireplaces, large master suite with 5 piece bath and walk-in closet. 9 foot ceilings thru out, custom trek like deck and built-in custom cabinets in the finished garage. Come see this home today! Broker Remarks: Be sure to drive by the pool and clubhouse/gym at the corner of Ariel and St. Johns. LO: ONE Realty For Sho rings: 303-573-7469 LA: David Paige information deemed reliabte bf not guaranteed. rv1LS content and images Copyright 1995-2015, IRES LLO Ali rights reserved http://www. iresis.co / L /awa/reports/i isting?reportName=Two_Page 6/18/2015 2 Page - Listing Report Page 38 of 4 6 PROPERTY FEATURES EXTERIOR: Style: Al Story/Ranch Construction: Wood/Frame Roof: Composition Roof Common Amenities: Clubhouse, Pool, Exercise Room Association Fee Includes: Common Amenities, Trash, Management Type: Contemporary/Modem Outdoor Features: Lawn Sprinkler System, Recreation Association Required Location Description: House/Lot Faces SW, Within City Limits Fences: Other Fence Lot improvements: Street Paved Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning inclusions: Electric Range/Oven Energy Features: Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Open Floor Plan Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Freestanding Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: City Water, City Sewer Ownership: Other Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA EXCLUSIONS: Exclusions: Backyard grill on deck. LO: ONE Realty Phone: 303-313-1234 Fax: 303-313-2903 jsEpRooMsANDsATHRpqMs_ Bedrooms: 3 Baths: 2 Rough Ins: 1 Baths Bsmt Lwr Main Upr Addl Total Full 0 0 2 0 0 2 3/4 0 0 0 0 0 0 1/2 0 0 0 0 0 0 BOOM SIZES All Bedrooms Conform: Yes awn Level Length Master Bd M 15 Bedroom 2 M 12 Bedroom 3 M 12 Bedroom 4 Bedroom 5 - - Bedroom S Dining room M 15 10 Family room - G reat room - Kitchen Laundry - - Living room M 17 Roc room - Study/Office 5,1 ;, I!0 Tu quci St fra 3 `ru ng ten C4 c 0 cle cat Width FIr 15 Carpet 12 10 16 13 Wood 13 ElstSt 00* W de DRIVING DIRECTIONS From Eisenliovider, drive south on Boyd Lake. Boyd Lake becomes Corvus. Continue West on Census through roundabout. Right on St. Johns Place, left an Ariel, left on Lyra and right on Carina, right on Ramsay. House is on the right. LA: David Paige Phone: 303-313-1234 Email: Davidpaige@yahoo.com Fax: 815-377-2451 TB: 2.80 BA: 2.80 Buyer Excl: No Contract: R For Showings: 303-573-7469 Min EM: $5,000 EM Recip: Fidelity Title Lim Service: N Prepared By: Sue Foster - Jun 18, 2015 11:05:19 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLD. All rights reserved. http://vvww,iresis.com/ML Siawaireportsil isting?repartName=T o_Page 6/18/2015 RECEPTION# : 20130081694, 11/01/2013 at 09:58:14 AM, 1 OF 1, R $11.00 State Documentary Fee S30,00 TO Pgs: 2 Angela Myers, Clerk & Recorder, Larimer County, CO WARRANTY DEED THIS DEED, Made this 25th day of October, 2013 between lvfichel D. Magers and Barbara A. Magers of the County of Larirner, State of Colorado, grantor and Margaret Sumner whose legal address is: 340 Ramsay Place, Loveland, CO 80537-2054 of list County of lainmt r, State of Colorado, grantee; X4'1'1' + NssEI'II, That the grantor For and in consideration or the sum of Three Hundred Thousand Dollars and No(lOO's (53001,000.00 the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm,, unto the grantee, his heirs and assigns forever, all the real property together with improvements. It;try, situate, lying and being in the County of Latimer, and State of COLORADO, described as follows: Lot 3, B lock 6, Millennium S W Second Subdivision to the City of Loveland, County of Larirner, State of Colorado. Doe Fee S 3100 also known by street and number as 340 Ramsay Place , Loveland, CO 80537-2054 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity) of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the gmalcu., his Irrrand assigns torcvcr. And the grantor, fur hhimself, his heirs, and personAll rep cntatives, does covenant, grant, bargain and agree to acid with the grantee, his he i and assigns. that :11 the time Of the unsealing and delivery of these presents,, he is Well Seized 0rthe 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 lawrvi authority to grant, bargain, sett Mod convey the small manner and form as aforesaid, and that the sSimc .a,a and clear from all former and other grants, bargamns,, sates, liens, 'lam assestinvfl;, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for ftw c1utrre1lt yew* a licn but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the title Documents accepted by Buyer in accordance with section Si "'1' t!e l evievili..or the contract dated Septe.mbci 26, 20113, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to ail genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLERS: Michela Magers STATE OF COLORADO COUNTY OF Larimer }ss: FRANKRICOMAARD NOTARYPURIM TATE OF COLORADO NOTARY ID 199414014885 MY COMMISSION iON EXPIRES AMOR212018 018 The foregoing instrument was acknowledged before me this 25th day of October; 2G13 by Michel D. Magecs iiiMartaara A. Magers Witness my hand arid official seal, >71 erernryaSien-iAireAta: SA44 WOPHOTO Warranty Dead (For Photographic Record) updated II/2006 4 Notary Public r File No. P0465796 2 Page - Listing Report Page 1 of 2 SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Winona Reed (bill) Mountain View Thompson R2 -j LOT INFORMATION Lot SqFt: 10,170 Approx. Acres: 0.23 Elec: City of Lind Water: City of Loveland Gas: XCEL PIN: Waterfront: No Water Rights: No Zoning: Residental Water Meter: Yes Well Permit #: Taxes/Yr: $2,377.2312012 1st HOA: $75 / M Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No IRES MLS #: 715102 310 Ramsay PI, Loveland 80537 Type: Residential -Detached Price: $272,500 Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 8/15 Subdivision: Stone Creek Legal: LOT 1, BLOCK 6, MILLENNIUM SW SECOND SUBDIVISION, LOV (2002097281) County: Larimer SOLD INFORMATION Sold Date: 09/13/2013 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Thomas Emmerling ng SO: Resident Realty Sold Price: $268,000 DOM: 52 DTO: 17 DTS: 52 970-443-7057 970-282-8585 BUILDING INFORMATION Total SqFt All Lvls: 3592 ($15/SF) Total Finished SqFt: 1800 ($149/SF) Finished SqFt w/o Bsmt: 1800 ($149/SF) Upper Level SqFt: # Garage Spaces: 2 Garage SqFt: 462 Year Built: 2004 New Const: No Builder: Parkside Homes Basement SqFt: 1792 Lower Level SqFt: Main Level SeiFt: 1800 Addl Upper Lvl: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: This wonderful open ranch in desirable Stone Creek Subdivision has , a 5 piece mater bathroom with a Jacuzzi tub Two sided fireplace between bedroom and bathroom. French doors lead into the Master bedroom. an Arched opening in entryway. Bright and open kitchen with a center island.. Fireplace also in the Great room. Beautifully landscaped with lawn sprinkler system. HOA includes lots of Amenities, such as pool, fitness center with a community clubhouse. LO: 8z Real Estate For Showings: 970-663-7469 LA: Megan Wachtman Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved. http://www.iresis.com/MLS/awaireportsilisting?reportName Two _Page 6/19/2015 2 Page - Listing Report Page 2 of 2 PROPERTY FEATURES EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Common Amenities: Clubhouse, Hot Tub, Pool, Exercise Room Association Fee Includes: Common Amenities Type: Contemporary/Modem Outdoor Features: Lawn Sprinkler System, Patio Location Description: Corner Lot, Level Lot Fences: Enclosed Fenced Area, Other Fence Lot Improvements: Street Paved, Curbs, Gutters, Sidewalks, Street Light Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Microwave Design Features: Open Floor Plan, Pantry, Walk-in Closet, Washer/Dryer Hookups Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: 2+ Fireplaces, Master Bedroom Fireplace, Great Room Fireplace Disabled Accessibility: Level Lot OTHER: Utilities: Natural Gas Water/Sewer: City Water, City Sewer Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA LO: 8z Real Estate Phone: 720-399-7360 Fax: BEDROOMS AND BATHROOMS Bedrooms: 3 Baths Bsmt Full 0 3/4 1/2 0 0 Baths: 2 Lwr Main Rough Ins: 1 Upr Addl Total 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Turquoise St Level M M M M M M Mel Les h 15 10 12 15 17 16 f ./7e .44- "\I"c \VC Tungsten t -. .. 1 �t .J'fe Y �ti� 46, 9� 20 co Width Floor 15 12 12 Ina 10 13 13 1st St Carpet Carpet Carpet Carpet Carpet Wood W a' DRIVING DIRECTIONS South on Denver Ave from Hwy 34, East on 1st to Stone Creek, Turn left onto Alden Dr. Take the 1st right onto Carina Dr. Take the 1st left onto Ramsay PI. LA: Megan Wachtman Phone: 970-217-7977 Email: Megan@8z.com Fax: TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: 970-663-7469 Min EM: $2,500 EM Recip: Chicago Title Lim Service: N Prepared By: Sue Foster- Jun 19, 2015 9:14:01 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2015, IRES LLC. All rights reserved. http://www.iresis.com/MLS/awaireportsilisting?reportName Two _Page 6/19/2015 RECEPTIONg: Documeritan' County, CO 201300705000 09/16/2013 at 10:20:11 AM, 1 OF 10 R $11.00 State Fee $26.00 PD ?gs: 2 Angela Myers,, Clerk & Recorder, Latimer WARRANTY DEED THIS DEED, made this 13th day of September, 2013p between TIM FANCHER of the County of lari er and State of NebrasKa, grantor, and REBECCA S TORRJ whose legal address is ,t, of the County of Lannert State of ,. grantee: WITINIESSETFil that the grantor, for and in consideration of the sum of TWO HUNDRED SlXT ' EIGHT THOUSAND AND 00/100 DOLLARS 4 265,OOO,OOE, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyedp and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Larirrrer and State of Colorado described as follows: Lot. 1, Block 6, Millennium SW Second Subdivision to the City of Loveland, County of Larirner, State of Colorado, also known by street and number as: 310 Ramsay Place, Loveland, CO 80537 TOGETHER with ail and singutar hereditarnents and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and' remainders, rents, issues and profits thereof, and all the estate, right, title,. interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditar. exits and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances„ unto the grantee, his hefts and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and inccefeasible 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever„ except: general taxes for the current year and subsequent years subject to riricflona, reservations, and covenants of record and except easements and rights of way of record, if any. The granter shall and wall WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, hiis heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders_ IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Ire Tim Fairicher ;STATE OF Colorado COUNTY OFLarirner . 64611 OieC 1, 14e „ a Notary Public of the County and State first above written, do hereby' certify that the foregoing instrument was acknowledged before me this 13th day of September, 2013 by Tim Fancher. ¶%smvhandjdnaTtal s lcr3trTeyior, Notary Public My Commission Expires, = 23/1.4 13,40:2401 'S After recording return to: Ram say msay. Place, Loveland, CO 80531 File Na_. 1503286 INDIVIDUAL TO 4IND VI0uAL +IA/MRANTY DEED iindlvidival CHRI TA GATES N0TMY PUBLIC I STATE OF COLORADO C0MMISSIGN EXPIRES 11110/201 RESAts coloProperty.corn® SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Letford Milliken Roosevelt Weld Re -5j LOT INFORMATION Lot SqFt: 43,560 Approx. Acres: 1 Elec: PV Rea Water: Little Thompson Gas: Xcel PIN: Zoning: Res Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: Taxes/Yr: $1,812/2O13 1st HOA: Indianhead $2001 A Xfer: No Rsrv: No 2nd HOA: No IRES MLS #: 754874 27601 Hopi Trl, Loveland 80534 Type: Residential -Detached Price: $547,900 Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 10/22 Subdivision : Indianhead Legal: IS, L19,BLK3, Indianhead Sub County: Weld SOLD INFORMATION Sold Date: 05/18/2015 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Brad Smith SO: HomeSmart Cherry Creek Sold Price: $547,900 DOM: 103 DTO: 55 DTS: 103 303-858-8100 303-858-8100 BUILDING INFORMATION Total SqFt A l l Lvls: s: 3710 ($148/SF) Total Finished SgFt: 2689 ($204/SF) Finished SqFt w/o Bsmt: 1863 ($294/SF) Upper Level SgFt: # Garage Spaces: 3 Garage SqFt: 890 Year Built: 2002 New Const: : No Builder: Basement SqFt: 1847 Lower Level SqFt: Main Level Sq Ft: 1863 Addl Upper LvI: Garage Type: Attached SqFt Source: Model: COMMENTS Listing Comments: Come see the amazing views of the Front Range from your Custom Built Ranch Home that sits on 1 Acre, backs to farmland with a pond. Custom up -grades through out, open floor plan, granite counters in kitchen and baths. Hardwood flooring through large great room, eating area, and kitchen. Home has finished family room in the basement with room to expand. Covered Patio, Covered Front Porch, Small Orchard, Mature Landscaping, Outdoor sitting areas, Plus Outbuilding 779sq ft. Make this Your Home Broker Remarks: This is a beautiful home very lightly lived in with lots of up grades. It will be easy for new owner to make it their own. Landscaping is beautiful with lots of trees, walk ways, garden areas. Out building is an additional 2 car garage, could be expanded on. Kitchen has stainless, 42" custom cabinets, Pantry, Granite Counter Tops, and opens to eating area with a double sided firer place. Easy access to I-25, Loveland, and Centera Shopping Area YI�y6F: r�i �A��11411���11�1 _,Q 7 O :4 s as LO: RE/MAX Advanced Inc. For Showings: LO: (970)221-5995 LA: Tamara Suppes Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer, Painted/Stained Roof: Composition Roof Association Fee Includes: Common Amenities, Snow Removal, Management Outdoor Features: Lawn Sprinkler System, Storage Buildings, Patio, Deck, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Level Lot, Orchard, Outbuildings, House/Lot Faces N, Unincorporated Fences: Enclosed Fenced Area, Wood Fence Views: Back Range/Snow Capped, Foothills View, Plains View, Water View Lot Improvements: Street Paved, Fire Hydrant within 500 Feet Road Access: Private Road, up to County Standards, County Road/County Maintained Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 75%-i-Finished Basement, Radon Unknown, Sump Pump Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Dishwasher, Microwave, Security System Owned, Garage Door Opener, Satellite Dish, Disposal, Smoke Alarm(s) Energy Features: Double Pane Windows, Storm Doors, Set Back Thermostat Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Workshop, Pantry, Bay or Bow Window, Walk-in Closet, Fire Alarm, Washer/Dryer Hookups, Skylights, Wood Floors Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Multi -sided Fireplace, Kitchen Fireplace, Great Room Fireplace Disabled Accessibility: Interior Door Openings 32" or more, Exterior Door Openings 36" or more OTHER: Utilities: Natural Gas, Electric, Satellite Avail, High Speed Avail Water/Sewer: District Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Specific Date, Owner Will Vacate Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Cloths Washer/Dryer, Basement Refrigerator, Freezer, Outdoor Figurines, Birdbaths, Wagon, Windmill LO: RE/MAX Advanced Inc. Phone: 970-221-5995 Fax: 970-221-5999 Bedrooms: 3 Baths Bsmt Full 3/4 1/2 0 0 0 Baths: 2 Lwr Main 0 0 0 2 0 0 Upr 0 0 0 Rough Ins: 1 Addl Total 0 0 0 2 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M M M M M M Length 16 12 10 12 37 17 17 9 12 O Width 14 10 11 11 23 14 11 8 11 Algonquin Dr Floor Carpet Carpet Carpet Carpet Wood Wood The Wood ial t a C a Ij DRIVING DIRECTIONS From 1-25 and Hwy 34, go East on 34 about 3 miles, Turn South onto Country Road 15, Turn West onto Algonquin Dr,Turn South onto Blackfoot Rd, Turn West onto Hopi Trail LA: Tamara Suppes Phone: 970-231-0790 Email: tamara@ftcollinshomes.com Fax: 970-221-5999 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: LO: (970)221-5995 ft E.—. I— It A. Car nn r i r it A f7rIhAAV h.-J.r.►r.. .,1 1 :..... tti...rar: hi Prepared By: Sue Foster - Jan 3, 2018 4:43:13 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4109960 05/26/2015 03:15 PM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $54.79 Carly Koppes - Clerk and Recorder, Weld County, CO Eric Alan Wingerson and Rene Wingerson 27601 Hopi Trail Loveland, CO 80534 WARRANTY DEED THIS DEED, Made on May 15, 2015 between Arthur L. Graebe and Carolyn F. Graebe of the County of Weld and State of Colorado, grantor(s), and Eric Alan Wingerson and Rene Wingerson whose legal address is 27601 Hopi Trail, Loveland, CO 80534 of the County of Weld and State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Five Hundred Forty -Seven Thousand Nine Hundred And No/100 DOLLARS ($547,900.00), the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s), AS JOINT TENANTS, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lot 19, Block 3, Indianhead Subdivision, County of Weld, State ofColorado as known by street and numbers:27601 Hopi Trail, Loveland, CO 80534 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), 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(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of the presents, they are well seized of the premises above conveyed, had 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 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 for: for general taxes and assessments for the year 2015 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. ArtL. Graebe ate s�a Carolyn F. aebe State of Colorado County of Larimer irceersite4 On May 15, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared Arthur L. Graebe and Carolyn F. Graebe personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the p: rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my rid = n # }fficial se Signature: Nota ' ublic My Commission expires: November 7, 2017 .A<Mw rage :ad ua C.r ar r.. nesI.. /.s aluwara Syr • NOTARY P rI:i3 I r STATE OF COLORADO NOTARY ID 20014035223 I My Ccrnai isslbri Expires Nov. 7, 20i7 ra en sN•Lea. r — --._ a +eIMF+• r-.•• Tra -0r••' U /ntLAliana ... Sanaa; • • JM. O. I .• 'ManuaI3J 33400615-12774 Os -9i z Cole Property .core' V* raft SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Range View Severance Windsor Wi.ndso.r Re -4 LOT INFORMATION Lot SqFt: 43,946 Approx. Acres: 1.01 Elec: REA Water: North Weld Gas: EXCEL PIN: Waterfront: No Water Rights: No Taxes/Yr: $2,192/2014 1st HOA: Casa Loma 970-224-9204 $2001 A Xfer: Yes Rsrv: Yes Cov: Yes 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: IRES MLS #: 768844 Price: $434,900 1105 San Miguel Dr , Severance 80550 Type: Residential -Detached Status: Sold LOCATION INFORMATION Locale: Severance Area/SubArea: 10/23 Subdivision: Casa Loma Legal: SEV CL 14 BL K3 CASA LOMA County: Weld SOLD INFORMATION Sold Date: 08/24/2015 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Monique Parker SO: C3 Real Estate Solutions, LLC Sold Price: $435,900 DOM: 13 DTO: 3 DTS: 47 970-980-3907 970-225-5152 BUILDING INFORMATION Total SgFt. All Lvls: 3096 ($141/SF) Total Finished SqFt: 1563 ($279/SF) Finished SqFt w/o Bsmt: 1563 ($279/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 792 Year Built: 2003 New Const: : No Builder: Basement SqFt: 1533 Lower Level SqFt: Main Level Sq Ft : 1563 Addl Upper LvI: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Immaculate and pristine ranch style home. Picturesque views from Great room and bedrooms, low maintenance yard with mature landscaping, sprinklers, gazebo and expanded patio. 3 car garage, new stainless kitchen appliances, Custom window coverings,fireplace in Great room, wood floors in several areas and tile bathroom floors. Full unfinished basement for expansion,situated on 1 acre with the potential to build a shop or outbuilding. Call for you appointment today! Broker Remarks: Great ranch home in immaculate condition --easy to show and sell!! Lowest price in the Casa Loma community ColaPrape .lF€ S .rir l _4" ColaPr srty�. , Y c LO: RE/MAX Alliance -FTC South For Showings: CSS: (W0)63-7469 LA: Richard Koentopi) Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities Outdoor Features: Lawn Sprinkler System, Patio, Recreation Association Required, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Level Lot, House/Lot Faces S, Unincorporated Fences: Enclosed Fenced Area Views: Back Range/Snow Capped, Foothills View, Plains View Lot Improvements: Street Paved Road Access: County Road/County Maintained Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement, Radon Unknown Heating: Forced Air, Humidifier Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self- Cleaning Oven, Dishwasher, Refrigerator, Microwave, Jetted Bath Tub, Laundry Tub, Garage Door Opener, Satellite Dish, Disposal, Smoke Alarm(s) Energy Features: Southern Exposure, Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Great Room Fireplace OTHER: Utilities: Natural Gas, Electric, Cable TV Available, Satellite Avail, High Speed Avail Water/Sewer: District Water, Septic Mineral/Water Rights: Mineral Rights Included Ownership: Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Washer, Dryer, Shower Curtain and matching valance in Hall Bath LO: RE/MAX Alliance -FTC South Phone: 970-226-3990 Fax: 970-225-0118 Bedrooms: 3 Baths Bsmt Full 3/4 1/2 0 0 0 Baths: 2 Lwr Main 0 0 0 2 0 0 Rough Ins: 0 Upr Addl Total 0 0 2 0 0 0 0 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M Length 15 13 11 M 12 M 18 M 12 M 6 \ 2 3/ r Wi d t h 14 11 11 13 17 11 8 ecturrity Road 705 112 Floor Carpet Carpet Carpet Wood Carpet Wood Vinyl DRIVING DIRECTIONS Harmony Rd East to Severence, North on 23 to Casa Loma Subdivision, Right on San Miguel LA: Richard Koentopp Phone: 970-222-4841 Email: rkoentopp@remax.net Fax: 970-225-0118 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (970)663-7469 Min EM: $5,000 EM Recip: RE/MAX Alliance Lim Service: N Prepared By: Sue Foster - Jan 3, 2018 4:40:23 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4139171 09/02/2015 04:02 PM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $43.59 Carly Koppes - Clerk and Recorder, Weld County, CO Doc Fee: $43.59 a� This Deed, made August 21, 2015 WARRANTY DEED Between Edmund A. Victor and Linda J. Victor of the County Weld, State of COLORADO, grantor(s) and Eric E. Richardson and Jennifer I1/4A4 Richardson, as Joint Tenants whose legal address is 1105 San Miguel Dr, Severance, CO 80550 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of FOUR HUNDRED THIRTY-FIVE THOUSAND NINE HUNDRED DOLLARS AND NO/100'S (S435 900, J 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, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lot 14, Block 3, Casa Loma Subdivision, Town of Severance, County of Weld/ State of Colorado. • **SELLERS SHALL CONVEY TO BUYERS 100% OF MINERAL RIGHTS AND CURRENT LEASE TO BUYERS, also known by street and number as 1105 San Miguel Drive, Severance, CO 80550 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1(Title Review) of the contract dated July 10, 2015, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: J• Edmund A. Victor STATE OF COLORADO COUNTY OF LAMER s ass: R The foregoing instrument was acknowledged, subscribed and sworn to bef = -- = Edmund A. Victor and Linda J. Victor. ` 'kJ 411f4a1,O1 4 Witness my hand and official seal, Theresa E. Notary Public State of Colorado My Commission Expires: April 05, 2017 IIO# 199 020 Wcicorp Notary ' blic eresa E My Com sion • pires: 4 ers 512017 ESCROW NO. 59&110440682-O81-TMY L SCHOOL INFORMATION Elementary: Elementary2: Middle/Jr.: High School: School District: Letford Milliken Milliken Roosevelt Weld Re -5j LOT INFORMATION Lot SqFt: 47,045 Approx. Acres: 1.08 Elec: PVREA Water: Little T Gas: XCEL PIN: Waterfront: No Water Rights: No Taxes/Yr: $2,109/2015 1st HOA: Indian Head West $2001 A Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: PUD Water Meter: Yes Well Permit #: IRES MLS #: 787463 27701 Hopi Trl, Loveland 80534 Type: Residential -Detached Price: $575,000 Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 10/22 Subdivision : Indianhead Legal: Lot 24 BLK 3 Indian Head County: Weld SOLD INFORMATION Sold Date: 06/15/2016 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Paula Harder SO: Coldwell Banker Plains Sold Price: $520,000 DOM: 72 DTO: 5 DTS: 72 970-539-1315 970-352-7653 BUILDING INFORMATION Total SgFt. All Lvls: 3750 ($139/SF) Total Finished SgFt: 2400 ($217/SF) Finished SqFt w/o Bsmt: 1889 ($275/SF) Upper Level SgFt: # Garage Spaces: 3 Garage SqFt: 860 Year Built: 2006 New Const: : No Builder: Basement SqFt: 1861 Lower Level SqFt: Main Level Sq Ft: 1889 Addl Upper LvI: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Mountain Views,1 plus acre, Custom Ranch Home! Full, 9' ceilings in the partially finished basement and outside entrance. Great views! Wood, tile and carpet floor coverings. Granite counter tops. 5 piece master bath. 24'x 40' heated shop with 16' ceiling and 1/2 bath- perfect for RV, boat, handyman shop, etc. Dinette area 13' x 10' with access to the deck. 13' x 12' office/craft room in basement and 3/4 Bath —Home is in excellent condition -paved driveway, mature landscaping and sprinkler system Broker Remarks: Development Proposal on property to the West of the Indianhead Subdivision -- LO: RE/MAX Alliance -FTC South For Showings: CSS: (970)663-7469 LA: Richard Koentopp Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Stone, Composition Siding, Stucco Roof: Composition Roof Common Amenities: Common Recreation/Park Area Association Fee Includes: Common Amenities Outdoor Features: Lawn Sprinkler System, Patio, Deck, Recreation Association Required, Heated Garage, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Level Lot, House/Lot Faces E, Unincorporated Views: Back Range/Snow Capped, Foothills View, Plains View Lot Improvements: Street Paved, Fire Hydrant within 500 Feet Road Access: County Road/County Maintained Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 25%+Finished Basement, Built -In Radon, Sump Pump Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Self- Cleaning Oven, Dishwasher, Refrigerator, Microwave, Jetted Bath Tub, Laundry Tub, Garage Door Opener, Disposal Energy Features: Double Pane Windows, Storm Doors, High Efficiency Furnace, Set Back Thermostat Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors, Kitchen Island Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Great Room Fireplace Disabled Accessibility: Level Drive, Low Carpet, Main Floor Bath , Main Level Bedroom , Main Level Laundry OTHER: Utilities: Natural Gas, Electric, Satellite Avail Water/Sewer: District Water, Septic Mineral/Water Rights: Mineral Rights Included Ownership: Private Owner Occupied By: Owner Occupied Possession: 1-3 Days after Closing Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family, PUD New Financing/Lending: Cash, Conventional, VA LO: RE/MAX Alliance -FTC South Phone: 970-226-3990 Fax: 970-225-0118 Bedrooms: 3 Baths Full 3/4 1/2 Bsmt 0 1 0 Baths: 3 Lwr Main 0 0 0 2 0 0 Rough Ins: 0 Upr Addl Total 0 0 2 0 0 1 0 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M Length 18 12 12 M 12 M M M 16 13 8 Wi d t h 14 12 11 Floor Carpet Carpet Carpet 12 Carpet 16 Carpet 13 Wood 6 Vinyl DRIVING DIRECTIONS East on Highway 34, South on County Road 15, West on Algonquin, West on Hopi Trail. LA: Richard Koentopp Phone: 970-222-4841 Email: rkoentopp@remax.net Fax: 970-225-0118 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (970)663-7469 Min EM: $10,000 EM Recip: RE/MAX Alliance Lim Service: N Prepared By: Sue Foster - Jan 3, 2018 4:43:13 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4211919 06/16/2016 11:16 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $52.00 Carly Koppel - Clerk and Recorder, Weld County, CO Doc Fee: $55.00 WARRANTY DEED This Deed, made June 15, 2016 Between Shirley A. Hoskinson and Rodney L. Smith of the County Weld, State of COLORADO, grantor(s) and Barry W. Robertson and Sandra D. Robertson, as Joint Tenants whose legal address is 27701 Hopi Trail, Loveland, CO 80534 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of FIVE HUNDRED TWENTY THOUSAND DOLLARS AND NO/100'S 00520,000.00► ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lot 24, Block 3, Indianhead Subdivision, County of Weld, State of Colorado also known by street and number as 27701 Hopi Trail, Loveland, CO 80534 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, doescovenant, 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 of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 (Title Review) of the contract dated April 8, 2016, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: Shirley A. Ho nson c /errcAtiati-ta _ STATE OF COLORADO COUNTY OF LARIMER Cte—k N'L4-1/CA Rodney L. Smith ass: The foregoing instrument was acknowledged, subscribed and sworn to before me June 15, 2016 by Shirley A. Hoskinson and Rodney L. Smith. Witness my hand and official seal. Theresa E. Myers NOTARY PUBLIC STATE OF COLORADO My commission expires 04/0512017 LIG# 19934 020 Wdeorp Notary Public ' heresa E My Cornmissio -Xpires: ESCROW NO. 55 8-H0465591-081-TMY alma SCHOOL INFORMATION Elementary: Mid d le1J r.: High School: School District: Skyview Windsor Windsor Windsor Re -4 LOT INFORMATION Lot SqFt: 104,289 Approx. Acres: 2.39 Elec: PV REA Water: North Weld Gas: Xcel PIN: 070525205006 Zoning: RES Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: Taxes/Yr: $2,53212015 1st HOA: Poudre Property Services 970-224-9204 $200 / A Xfer: Yes Rsrv: Yes Cov: Yes bstewart cpoud re roroperty.com 2nd HOA: No IRES MLS #: 793597 4406 Indigo Dr , Severance 80550 Type: Residential -Detached Price: $535,000 Status: Sold Website: https://www.iresis.com/ao/mis/793597 LOCATION INFORMATION Locale: Severance Area/Su bArea: 10/23 Subdivision: Casa Loma Estates Legal: SEV CL L6 BLK5 CASA LOMA County: Weld SOLD INFORMATION Sold Date: 08/31/2016 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Casey Brown SO: Windermere Fort Collins Sold Price: $535,000 DOM: 86 DTO: 44 DTS: 86 970-460-8883 970-460-3033 BUILDING INFORMATION Total SqFt All Lvls: 3453 ($155/SF) Total Finished SqFt: 1863 ($287/SF) Finished SqFt w/o Bsmt: : 1863 ($281/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 946 Year Built: 2004 New Const: : No Builder: Burford Construction Basement SqFt: 1590 Lower Level SqFt: Main Level Sq Ft: 1863 Addl Upper LvI : Garage Type: Attached SqFt Source: Other Model: COMMENTS Listing Comments: Back on the market -no fault of the home. Beautifully upgraded, energy -efficient ranch on over 2 acres with Rocky Mountain views. Four -season sun room & large daylight basement to finish the way you want. GE & Bosch appliances included. Low-water landscape w/in-ground fire pit, hot tub and room for 1500 sq ft outbuilding & garden shed. Livestock allowed! Over 940 sq ft garage with. RV stall. BuiltGreen home by John Burford Construction.Quiet country living close to town. You'll love it out here! Broker Remarks: See "Additional Property Remarks/Brochure" under documents for additional information about the home. • ,its a LO: Group Loveland For Showings: LO: (970)663-0700 LA: Stephanie Kirkland Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Stone Roof: Composition Roof Association Fee Includes: Common Amenities, Management Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Hot Tub Included, RV/Boat Parking, >8' Garage Door, Oversized Garage Location Description: Evergreen Trees, Deciduous Trees, Native Grass, Level Lot, House/Lot Faces W Horse Property: Zoning Appropriate for 2 Horses Views: Back Range/Snow Capped Lot Improvements: Street Paved, Fire Hydrant within 500 Feet Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement, Daylight Basement, Rough -in for Radon Heating: Forced Air, Humidifier Cooling: Central Air Conditioning, Ceiling Fan, Whole House Fan Inclusions: Window Coverings, Electric Range/Oven, Self - Cleaning Oven, Dishwasher, Refrigerator, Clothes Washer, Clothes Dryer, Microwave, Jetted Bath Tub, Laundry Tub, Garage Door Opener, Disposal Energy Features: Double Pane Windows, Storm Doors, High Efficiency Furnace, Set Back Thermostat, Energy Rated Design Features: Eat -in Kitchen, Cathedral/Vaulted Ceilings, Open Floor Plan, Pantry, Bay or Bow Window, Stain/Natural Trim, Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: Full Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric, Satellite Avail, High Speed Avail Water/Sewer: District Water, Septic Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Rod and drapes above sliding door in sun room, Seller's Personal Property LO: Group Loveland Phone: 970-663-0700 Fax: 970-663-0299 Bedrooms: 3 Baths Bsmt Full 3/4 1/2 0 0 0 Baths: 2 Lwr Main 0 0 0 2 0 0 Upr 0 0 0 Rough Ins: 1 Addl Total 0 0 0 2 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M Length 16 12 11 Width 12 11 10 Floor Carpet Carpet Carpet M 13 12 Wood M M M 13 7 18 12 7 16 Wood Tile Carpet SI•23/ Cortez Waif San Miguel ter a rt. ,c,se oceic DRIVING DIRECTIONS From Harmony Rd & I-25, go East on Harmony Road (CR 74), County Road 74 becomes West 4th Avenue, turn left onto 1st Street, 1st Street becomes CR23, turn right on to San Miguel Drive, take 1st Left onto Indigo Drive. L A : Stephanie Kirkland Phone: 970-679-8084 Email : skirkland@thegroupinc.com rou pine. com Fax: 970-663-0299 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings: LO: (970)663-0700 Min EM: $5,000 EM Recip: The Group Inc. Lim Service: N Prepared By: Sue Foster - Jan 3, 2018 4:40:23 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. '4233573 09/02/2016 08:13 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $53.50 Carly Koppel - Clerk and Recorder, Weld County, CO I WARRANTY DEED THIS DEED, is dated the 31st day of August, 2016, and is made between Mark Allen Malwitz and Elizabeth Malwitz (whether one, or more than one), the "Grantor" of the County of Weld, and State of Colorado and Lester L. Pierce Jr. and Priscilla D. Pierce 1,1q3S. T3op\wt'Sc. Uarcri the "Grantees," whose legal address is: , ServermiceTeer -80550 of the County of Weld and State of Colorado State Doc Fee: Recording Fee: 17 WITNESS, that the Grantor, for and in consideration of the sum of Five Hundred Thirty Five Thousand Dollars and No Cents (535,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, ail the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: Lot 6, Block 5, Casa Lorna Subdivision, Town of Severance, County of Weld, State of Colorado. also known by street address as: 4406 Indigo Drive, Severance, CO 80550 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, 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 Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, 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 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 and subject to: General taxes for the year 2016 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 8.1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters not shown 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 tax 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, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS HEREOF, the Grantor has executed this deed on the date set forth above. Mark Allen Malwitz Elizabeth Mal I. The foregoing instrument was acknowledged before me this Ot ay of August, 2016 by Mark Allen Malwitz and El izabe witz. iI 4 rV TwICALEENAN ".... NOTARY cr �{ y ��.^�jy1 Y y 11Y , t Cif I� I� coL ses, :r2-iF nr) 1�` f . ) a Lsj r ` au Notary Public My Commission Expires: 1 File No.: 205124 No. 921A Rev. 10-05 Warranty Deed (To Joint Tenants) SCHOOL INFORMATION Elementary: Elementary2: Middle/Jr.: High School: School District: Milliken Letford Milliken Roosevelt Weld Re -5j LOT INFORMATION Lot SgFt: 41,684 Approx. Acres: 0.96 Elec: PVREA Water: Little Thompson Gas: Xcel Energy PIN: 095718107005 Waterfront: No Water Rights: No Taxes/Yr: $2,094/2016 1st HOA: Indianhead West Hoa $200 / A Xfer: Yes Rsrv: Yes Coy: Yes 2nd HOA: No Zoning: RES Water Meter: Yes Well Permit #: IRES MLS #: 819928 27640 Hopi Td, Loveland 80534 Type: Residential -Detached Price: $525,000 Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 10/22 Subdivision : Indianhead Legal: IS L5 BLK7 INDIANHEAD SUB County: Weld SOLD INFORMATION Sold Date: 06/30/2017 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Jennifer Stewart SO: Coldwell Banker Res -Ft Collins Sold Price: $525,000 DOM: 50 DTO: 3 DTS: 50 970-402-0015 970-223-6500 BUILDING INFORMATION Total SgFt. All Lvls: 3732 ($141/SF) Total Finished SgFt: 2163 ($243/SF) Finished SqFt w/o Bsmt: 2163 ($243/SF) Upper Level SgFt: 594 # Garage Spaces: 3 Garage SqFt: 792 Year Built: 2004 New Const: : No Builder: Basement SqFt: 1569 Lower Level SqFt: Main Level Sq Ft: 1569 Addl Upper LvI: Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Lots of views from this stately 2 story situated on close -in acreage lot. Enter thru the front door to beautiful hardwood floors, lovely staircase & warming fireplace. Large kitchen with granite countertops, custom cabinetry & pantry. Main floor master getaway is nicely sized w/ generous setting area & 5 piece bath with jetted tub and oversized shower. 2nd bedroom is huge & makes a great craft area if not used as a bedroom. Outside enjoy multiple planting areas, enclosed yard & fantastic deck! LO: RE/MAX Alliance -Loveland For Showings: CSS: (970)663-7469 LA: Own This Home Team Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 2 Story Construction: Wood/Frame, Brick/Brick Veneer, Stucco Roof: Composition Roof Association Fee Includes: Common Amenities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Deck Location Description: Level Lot Fences: Enclosed Fenced Area Views: Back Range/Snow Capped, Foothills View Lot Improvements: Street Paved Road Access: County Road/County Maintained Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, Unfinished Basement Heating: Forced Air Cooling: Central Air Conditioning, Ceiling Fan Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Microwave, Garage Door Opener Energy Features: Double Pane Windows, High Efficiency Furnace, Set Back Thermostat Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Pantry, Walk-in Closet, Loft, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace Disabled Accessibility: Level Lot, Low Carpet, Main Floor Bath , Main Level Bedroom , Main Level Laundry OTHER: Utilities: Natural Gas, Electric, Satellite Avail, High Speed Avail Water/Sewer: District Water, Septic Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional EXCLUSIONS: Exclusions: Personal Property, refrig., washer/dryer, Rocks per photos (see add. info), Yucca plants in sandbox. LO: RE/MAX Alliance -Loveland Phone: 970-669-1234 Fax: 970-669-3030 Bedrooms: 3 Baths Bsmt Full 3/4 1/2 0 0 0 Baths: 3 Lwr Main 0 0 0 1 0 1 Upr 1 0 0 0 0 0 Rough Ins: 1 Addl Total 2 0 1 ROOM SIZES All Bedrooms Conform: Yes Rooms Master Bd Bedroom 2 Bedroom 3 Bed room 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Level M U U IIMMI M M M M M `. ter, r� • ,. \ \ --.\\ 1.I Length 20 22 14 12 19 10 19 12 Width 14 10 11 Inn 11 15 5 14 10 9I Floor Laminate Laminate Laminate Wood Wood Vinyl Wood Carpet Algonquin :[fir • ti DRIVING DIRECTIONS From 1-25 take US 34 East, Turn right onto County Road 15, right onto Algonquin Dr., Left onto Black Foot Rd and right onto Hopi Trail. LA: Own This Home Team Phone: 970-481-4150 Email: TheTeam@OwnThisHomeTeam.com Fax: 970-669-3030 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (970)663-7469 Min EM: $6,000 EM Recip: RE/MAX Alliance Lim Service: N Prepared By: Sue Foster - Jan 3, 2018 4:43:13 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 431 812 07/06/2017 08:07 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $52.50 Carly Koppel - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Russel D. Smoke and Susan G. Smoke 27640 Hopi Trail Loveland, CO 80534 File Number: 5524-2869602 45 Xdr♦ �. }9 WARRANTY DEED FirstAmerican THIS DEED, Made this Thirtieth day of June, 2017, between Karl Es Scott and Jean E. Malchow of the County of Weld and State of Colorado, grantor, and Russel D. Smoke and Susan a. Smoke whose legal address is 27640 Hopi Trail, Loveland, CO 80534 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of FIVE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($5251000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,convey and confirm, unto the grantee, his heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: LOT 5, BLOCK 7, INDIANHEAD SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 27640 Hopi Trail, Loveland, CO 80534 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, 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 said grantee, his heirs and assigns forever, And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing i ng 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 aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND D FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $52.50 4315812 07/06/2017 08:07 AM Page 2 of 2 IN WI ESS WHEREOF, The grantor has executed this deed on the date set forth above. lKarl E. Scott State of Colorado County of Weld an E. Maichow The foregoing instrument was acknowledged to before me this Thirtieth day of June, 2017 by Karl E. Scott and Jean E. Malchow. Witness my hand and official seal. My commission expires: • • :Oral" ' • n • ;7i* • �•L'.5:17.ti•• re. •:!! .1,"- :.~ 1 :•- •�, — • a. •+. • F• 1 e. .r • ..• -•' . S •ti; e_{• • f 1 • f. • •• • t : • •`tip•L • ' •,•J\• 11 {' r `i 7.• • r �� �'.•Qw2--..w . ••• may- ...•• . ri•—. d.= •ii,;a.+»..�'+R�eo-^+!•e.ls.7.i'''�y4bJ{`�'';�y-•{a. iTv;."C� �.'•L'.•�?.J . .� . • . F. •.s 1•v .r 1 . J• '• d ?• ' ► ....• •.` • .r : 1 • 11 ro %SAO. a i � J •.L •.•. �. C Ya •.'- •• � / 1 1. �M 4A. ,... a .' a -J ♦ •1'tr 5.,:•: jL • 11• • •stir. • \s•!y. i L1. k1•"•• •': •!" •M�•-.5 • (.t/t' •1�• '��J - 1 ti"1 1;+ ,•\,'. •. .1••.•.• " .t • •••. t• .�+ R\ 1'.'% +# •• Y.. . •.. • 'Lt+ \• t1\ a (' • • •r••� .:• .- 1 •� • `m...• .ti•i.tif•. 1 • 4. I: 11 1'h� �,{l�L'i:•-�.. i'. \'iy. f i••�` t .. t _Y {f�� n�\.�'.•.v•.f• .• \ . ♦ 111••:!...7.11%.4!&071-.11. 1-. .. a is�' 1.��.1?. • i�.i 'a•!iY:•a 1l tii a. vl.�/}k5i], •b' 1. i� SCHOOL INFORMATION Elementary: Middle/Jr.: High School: School District: Range View Severance Windsor Wi.ndso.r Re -4 LOT INFORMATION Lot SqFt: 43,557 Approx. Acres: 1 Elec: PV REA Water: North Weld Gas: PIN: Zoning: RES Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: Taxes/Yr: $2,804/2015 1st HOA: Casa Loma 970-224-9204 $2001 A Xfer: Yes Rsrv: Yes Cov: Yes 2nd HOA: No IRES MLS #: 813367 1107 Cortez Way, Severance 80550 Type: Residential -Detached 0 / I N C Price: $499,000 Status: Sold LOCATION INFORMATION Locale: Severance Area/Su bArea: 10/23 Subdivision: Casa Loma Legal: SEV CL L5 BLK2 CASA LOMA County: Weld SOLD INFORMATION Sold Date: 05/10/2017 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Jimmy Stewart SO: Coldwell Banker Res -Ft Collins Sold Price: $499,000 DOM: 62 DTO: 3 DTS: 62 970-290-3755 970-223-6500 BUILDING INFORMATION Total SgFt. All Lvls: 3626 ($138/SF) Total Finished SqFt: 2594 ($192/SF) Finished SqFt w/o Bsmt: 2594 ($192/SF) Upper Level SqFt: 1544 # Garage Spaces: 3 Garage SqFt: 864 Year Built: 2001 New Const: : No Builder: Basement SqFt: 1032 Lower Level SqFt: Main Level Sq Ft: 1050 Addl Upper LvI: Garage Type: Attached Sq Ft Source: Other Model: COMMENTS Listing Comments: Beautiful, bright home in the quiet Casa Loma Estates. Enjoy mountain views and gorgeous sunsets from the back deck. Plenty room to roam on this 1 -acre lot. Oversized 3 car garage with room to build a shop to fit your needs. Walkout, unfinished basement. Main floor office and functional floor plan with separate dining room and eat in kitchen. Granite countertops and stainless steel appliances included! Mineral rights negotiable with acceptable offer. Riding lawn mower negotiable. Broker Remarks: Mineral rights negotiable with acceptable offer. Seller's currently receive $50-$60 a month in oil royalties with several offers from oil companies to buy their mineral rights. Lawn mower is negotiable. The HOA is voting on whether or not to allow chickens since most of the neighborhood wants them. Garage door, sprinkler system and climate control controlled by free app on phone. LO: C3 Real Estate Solutions, LLC For Showings: LO: (970)225-5152 LA: Chresa Anderson Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 2 Story Construction: Wood/Frame Roof: Composition Roof, Wood Shake/Shingle Association Fee Includes: Common Amenities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Patio, Deck, Oversized Garage Location Description: Cul-De-Sac, House/Lot Faces E Views: Back Range/Snow Capped, Foothills View Lot Improvements: Street Paved INTERIOR: Basement/Foundation: Unfinished Basement Heating: Forced Air, Humidifier, 2 or more H20 Heaters Cooling: Central Air Conditioning Inclusions: Window Coverings, Electric Range/Oven, Dishwasher, Refrigerator, Microwave, Jetted Bath Tub, Laundry Tub, Smoke Alarm(s) Energy Features: Double Pane Windows Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Bay or Bow Window, Walk-in Closet, Washer/Dryer Hookups, Wood Floors, Kitchen Island Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace, Gas Logs Included, Living Room Fireplace OTHER: Utilities: Natural Gas, Electric Water/Sewer: District Water Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: Clothes washer and clothes dryer LO: C3 Real Estate Solutions, LLC Phone: 970-225-5152 Fax: 970-225-5170 Bed rooms: 4 Baths Bsmt Full 3/4 1/2 0 0 0 Baths: 3 Lwr Main 0 0 0 0 0 0 Rough Ins: 0 Upr Addl Total 0 0 0 0 0 0 0 0 0 ROOM SIZES All Bedrooms Conform: Yes Rooms Level Length Width Floor Master B d U 15 15 Carpet Bedroom 2 - - Bedroom 3 - - Bedroom 4 - - Bedroom 5 - - Bedroom 6 - - Dining room - - Family room - - Great room - - Kitchen Laundry Living room - Rec room - Study/Office - M U 13 8 10 7 rn th U Cote Way CI \23/ a C 1 LA: Chresa Anderson Phone: 970-310-3091 Email: chresaac3-re.com Fax: 970-225-5170 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings: LO: (970)225-5152 Min EM: $5,000 EM Recip: First American Title Lim Service: N IMP Wood Tile IMP County Prepared By: Sue Foster - Jan 3, 2018 4:40:23 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4301188 05/11/2017 08:54 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $49.90 Carly Koppel - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Matthew M. Glanzer and Jana Glanzer 1107 Cortez Way Severance, Co 80550 File Number: 5524-2830615 4.M t arm , 4 WARRANTY DEED First American THIS DEED, Made this Tenth day of May, 2017, between Clancy C. Brown and Natayle a M. Brown of the County of Weld and State of Colorado, grantor, and Matthew M. Glanzer and Jana Glanzer whose legal address is 1107 Cortez Way, Severance, Co 80550 of the County of Weld and State of Colorado, grantee: WITHESSETH, That the grantor, for and in consideration of the sum of FOUR HUNDRED NINETY NINE THOUSAND AND NO/100 DOLLARS ($499,000.O0), 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, successors and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State ofColorado, described as follows: LOT 5, BLOCK 2, CASA LOMA SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 1107 Cortez Way, Severance, Co 80550 TOGETHER with all and singular the hereditarnents and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, Issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form 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 sourer, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against a l l 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. Doc Fee: $49.90 4301188 05/11/2017 08:54 AM Page 2 of 2 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. C K Clancy C, Brown State of County of Colorado Larimer The foregoing instrument was acknowledged to before me this Tenth day of May, 2017 by Clancy C Brown and Natayle M. Brown. Witness my hand and official seal. My commission expires: ittckkt 0 astielvaltztPrkliSste‘ tat e‘ 91 Oantklik ;IS "L - felsere 1 �+�n a�l�1lYl s•!,'¢+�t�{,py�y+..lt�.•1 `a sa r ti. �l.i �i•r: • :+7. \_ " a�•{ l�l. �P q+ 1 a. 11��!•�al,rats y/+A•+•!••`!• tlia'7a i s 1 ti! 'r1. l .:! 1. L. a, ., 4.. rl. +.•.! .a lee 6 40..a..:bti`4`lraaw apt; n '4V:a 12 ;V SCHOOL INFORMATION Elementary: Mid d le/J r.: High School: School District: Letford Milliken Roosevelt Weld Re -5j LOT INFORMATION Lot SqFt: 43,560 Approx. Acres: 1 Elec: PVREA Water: Little Thompson Gas: Xcel PIN: Zoning: RES Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: Taxes/Yr: $ 1,81412016 1st HOA: Indianhead Hoa 805-377-9599 $2001 A Xfer: No Rsrv: No Coy: Yes 2nd HOA: No IRES MLS #: 834883 27601 Hopi Trl, Loveland 80534 Type: Residential -Detached Price: $614,500 Status: Sold LOCATION INFORMATION Locale: Loveland Area/SubArea: 10/22 Subdivision: Indianhead Legal: Lot 19, BLK 3, Indianhead Subdivision, County of Weld, State of Colorado County: Weld SOLD INFORMATION Sold Date: 12/15/2017 Terms: CONV FIX Down Pmt Assist: N Concession Type: None SA: Sherrill Carter SO: Keller Williams 1st Realty Sold Price: $610,000 DOM: : 61 DTO: 5 DTS: 61 303-588-3655 303-776-3200 BUILDING INFORMATION Total SqFt All Lvls: 3710 ($164/SF) Total Finished SqFt: 2680 ($228/SF) Finished SqFt wlo Bsmt: 1863 (327/SF) Upper Level SqFt: # Garage Spaces: 5 Garage SqFt: Year Built: 2002 New Const: : No Builder: Basement SqFt: 1847 Lower Level SqFt: Main Level Sq Ft: 1863 Addl Upper LvI: Garage Type: Attached Sq Ft Source: Other Model: COMMENTS Listing Comments: Prepare to be Amazed! This Ranch -Style on 1 acre has Spectacular Views of Front Range & beyond! 3 bed, 3 bath wlroom for expansion. 3 car -attached garage & extra garage/shop at 779 sqft to host hobbies or toys. Custom kitchen cabinets, granite counters, & pantry. Spacious master wlluxury 5 -piece bath & walk-in closet. Game/Family room downstairs. Covered front & back patio. Backyard is a paradise...18 garden boxes, fire pit, flowers & fruit trees. Set up for hot tub. Quiet & close to amenities. LO: Group Harmony For Showings: LO: (970)229-0700 LA: Adrienne Scharli Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Association Fee Includes: Common Amenities, Snow Removal, Management Outdoor Features: Lawn Sprinkler System, Storage Buildings, Patio, Deck, RV/Boat Parking Fences: Enclosed Fenced Area, Wood Fence Views: Back Range/Snow Capped, Foothills View, Plains View, City View, Water View Lot Improvements: Street Paved INTERIOR: Basement/Foundation: Full Basement, 75%+Finished Basement Heating: Forced Air Cooling: Central Air Conditioning Inclusions: Electric Range/Oven, Self -Cleaning Oven, Dishwasher, Refrigerator, Microwave, Security System Owned, Laundry Tub, Disposal, Smoke Alarm(s) Energy Features: Double Pane Windows, High Efficiency Furnace Design Features: Eat -in Kitchen, Separate Dining Room, Cathedral/Vaulted Ceilings, Open Floor Plan, Workshop, Pantry, Walk-in Closet, Washer/Dryer Hookups, Wood Floors Master Bedroom/Bath: Luxury Features Master Bath, 5 Piece Master Bath Fireplaces: Gas Fireplace Disabled Accessibility: Level Lot, Main Floor Bath , Main Level Bedroom , Stall Shower, Main Level Laundry OTHER: Utilities: Natural Gas, Electric Water/Sewer: City Water, Septic Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, FHA, VA EXCLUSIONS: Exclusions: All lawn art, all lawn (exterior) furniture except the wicker set, Seller's Personal Property LO: Group Harmony Phone: 970-229-0700 Fax: 970-223-7887 Bedrooms: 3 Baths Bsmt Full 3/4 1/2 0 0 1 Baths: 3 Lwr Main 0 0 0 2 0 0 Rough Ins: 0 Upr Addl Total 0 0 2 0 0 0 0 0 1 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M M B M M M Length 17 12 11 11 37 17 17 9 12 LA: Adrienne Scharli Phone: 970-217-7350 Email: ascharli@thegroupinc.com Fax: 970-223-7887 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: T For Showings: LO: (970)229-0700 Min EM: $6,000 EM Recip: The Group Inc Lim Service: N Width 15 10 10 11 17 14 11 8 11 Floor Carpet Carpet Carpet Wood Carpet Wood Wood Tile Carpet I tie Prepared By: Sue Foster - Jan 3, 2018 4:43:13 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4360655 12/15/2017 04:11 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $61.00 Carly Koppel - Clerk and Recorder, Weld County, CO i I �, I WARRANTY DEED THIS DEED, is dated the 15th day of December, 2017, and is made between Eric Alan Wingerson and Rene Wingerson (whether one, or more than one), the "Grantor" of the County of Weld, and State of Colorado and William S. Powis and Sharon K. Powis the ;'Grantees," whose legal address is: 27601 Hopi Trail, Loveland, CO 80534 of the County of Weld and State of Colorado State Doc Fee: $61.00 Recording Fee: $13.00 WITNESS, that the Grantor, for and in consideration of the sum of Six Hun ' ed Ten Thousand Dollars and No Cents (610,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: Lot 19, Block 3, Indianhead Subdivision, County of Weld, State of Colorado. also known by street address as: 27601 Hopi Trail, Loveland, CO 80534 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, 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, hi 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 Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, 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 same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sourer, except and subject to: General taxes for the year 2017 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 8,1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8,2 (Matters not shown 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 tax 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, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IftWITNESS WHEREOF, the Grantor has executed this deed on 11 L j r 3 y f ] / 1 41/ r Eric Alan Wingefsoii by, Rene Wingerson as attorney in fact Rene 'ingerson State of Colorado County of Larimer to set forth above. t � I'll() d The foregoinginstrument was acknowledged before me this/41 day of „LILY: Y` ( R.'.br\ g ��� .��;� by Rene Wingerson, individually and as attorney in fact for Eric Alan Wingerson. CARLA AO SENTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944020565 MY COMMISSION EXPIRES 12127/2018 TggT 1 File No.: 207795 No. 921A Rev. 10-05 Warranty Deed (To Joint Tenants) es - Witness m (I and O UvJ `]. ,Notary 11b 1'� My --Commission Expires: iai seal. .1:}N tet E SCHOOL INFORMATION Elementary: Mid d le/J r.: High School: School District: Range View Severance Windsor Wi.ndso.r Re -4 LOT INFORMATION Lot SqFt: 52,272 Approx. Acres: 1.2 Elec: REA Water: North Weld Gas: Xcel PIN: Zoning: Res Waterfront: No Water Meter: Yes Water Rights: No Well Permit #: Taxes/Yr: $2,734.4412016 1st HOA: Casa Loma 970-224-9204 $225 I A Xfer: Yes Rsrv: Yes Cov: Yes 2nd HOA: No IRES MLS #: 835688 1113 Corona Dr , Severance 80550 Type: Residential -Detached Price: $534,400 Status: Sold Website: https://www.iresis.comigo/mIs/835688 LOCATION INFORMATION Locale: Severance Area/Su bArea: 10/23 Subdivision: Casa Loma Legal: Lot 8, Block 3 County: Weld SOLD INFORMATION Sold Date: 12/22/2017 Terms: VA FIX Down Pmt Assist: N Concession Type: None SA: Dianne Wayne-Breneman SO: Group Harmony Sold Price: $530,000 DOM: 57 DTO: 10 DTS: 57 970-679-1548 970-229-0700 BUILDING INFORMATION Total SqFt All Lvls: 3116 ($17o/sF) Total Finished SqFt: 3116 ($170/SF) Finished SqFt wlo Bsmt: : 1582 ($335/SF) Upper Level SqFt: # Garage Spaces: 3 Garage SqFt: 736 Year Built: 2002 New Const: : No Builder: Basement SqFt: 1534 Lower Level SqFt: Main Level Sq Ft : 1582 Addl Upper LvI : Garage Type: Attached SqFt Source: Assessor records Model: COMMENTS Listing Comments: Spacious ranch on a sprawling 1.2 acre lot with beautiful landscaping! Patio & Pergola boast views, fountain and gas fire pit. The large kitchen has a double refrigerator, pantry and 6 burner gas range. 5 Bdrms or 7 if you convert the 2 offices. Daylight basement with huge rec room, coffered ceilings and wet bar. 3 car garage and approved plans for a 20x48 shop. Lots of extras with steam shower, wine cellar, play fort, horseshoe pits, tether ball and much more! Range View is an IB World School! Broker Remarks: Great feedback! Shop plans are approved through HOA. Play equipment can either be included or seller will remove. Trampoline and Trough excluded. Gas fire pit and Fountain included! Point out special features such as whole house fan + A/C, RV lift station, steam shower, wine cellar, double refrigerator, wet bar and two offices downstairs can be easily converted for 7 bedrooms! LO: Berkshire Hathaway -FTC For Showings: CSS: (970)663-7469 LA: Robin Nash Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. PROPERTY FEATURES BEDROOMS AND BATHROOMS EXTERIOR: Style: 1 Story/Ranch Construction: Wood/Frame, Brick/Brick Veneer Roof: Composition Roof Association Fee Includes: Common Amenities Type: Contemporary/Modern Outdoor Features: Lawn Sprinkler System, Storage Buildings, Patio, Deck, Oversized Garage Location Description: Deciduous Trees, Level Lot Fences: Enclosed Fenced Area, Dog Run/Kennel Views: Back Range/Snow Capped, Foothills View, Plains View Lot Improvements: Street Paved, Fire Hydrant within 500 Feet Road Access: City Street Road Surface At Property Line: Blacktop Road INTERIOR: Basement/Foundation: Full Basement, 90%+ Finished Basement Heating: Forced Air Cooling: Central Air Conditioning, Whole House Fan Inclusions: Window Coverings, Gas Range/Oven, Dishwasher, Refrigerator, Bar Refrigerator, Microwave Energy Features: Southern Exposure Design Features: Cathedral/Vaulted Ceilings, Pantry, Wood Windows, Bay or Bow Window, Stain/Natural Trim, Walk-in Closet, Wet Bar, Wood Floors, Kitchen Island, Steam Shower Master Bedroom/Bath: 5 Piece Master Bath Fireplaces: Gas Fireplace Disabled Accessibility: Level Lot, Level Drive, Low Carpet, Main Floor Bath , Main Level Bedroom , Stall Shower, Main Level Laundry OTHER: Utilities: Natural Gas, Electric Water/Sewer: District Water, Septic Ownership: Private Owner Occupied By: Owner Occupied Possession: Delivery of Deed Property Disclosures: Seller's Property Disclosure Flood Plain: Minimal Risk Possible Usage: Single Family New Financing/Lending: Cash, Conventional, VA EXCLUSIONS: Exclusions: Seller's personal property, clothes washer, clothes dryer, gas grill, stock tank, TV mounts LO: Berkshire Hathaway -FTC Phone: 970-226-5511 Fax: 888-351-4985 Bed rooms: 5 Baths Bsmt Full 3/4 1/2 0 1 0 Baths: 3 Lwr Main 0 0 0 2 0 0 Rough Ins: 0 Upr Addl Total 0 0 2 0 0 1 0 0 0 ROOM SIZES All Bedrooms Rooms Master Bd Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Dining room Family room Great room Kitchen Laundry Living room Rec room Study/Office Conform: Yes Level M M M B B Length 16 11 11 11 11 M 13 M 13 M M M B B 16 8 17 25 11 Sari Miguel Dr to Width Floor 11 Carpet 9 Carpet 9 Carpet 10 Carpet 10 Carpet 9 Wood 11 Carpet 11 Wood 4 Tile 15 Carpet 23 Carpet 10 Carpet County:Rgad 76 1/2 DRIVING DIRECTIONS County Rd 23, East on Cortez Way, South on Corona Dr. to the bend and property is on the right. LA: Robin Nash Phone: 970-689-6188 Email: robin nash 7gmail.com Fax: 888-351-4985 TB: 3.00 BA: 3.00 Buyer Excl: No Contract: R For Showings: CSS: (970)663-7469 Min EM: $3,000 EM Recip: First American Title -Carl Rowe Lim Service: N Prepared By: Sue Foster - Jan 3, 2018 4:40:23 PM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2018, IRES LLC. All rights reserved. 4363203 12127/2017 02:02 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $53.00 Carly Koppel - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Jacob D. Scofield and Leigh Ann Lawrence 1113 Corona Drive Severance, CO 80550 File Number: 5524-2966742 WARRANTY DEED infer . � First American THIS DEED, Made this Twenty-second day of December, 2017, between Brian E. Knobloch and Tammie K. Knobloch of the County of Weld and State of Colorado, grantor, and Jacob D. Scofield and Leigh Ann Lawrence whose legal address is 1113 Corona Drive, Severance,CO 80550 of the County of Weld and State of Colorado, grantee: ITNESSETH, That the grantor, for and in consideration of the sum of FIVE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($530,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: LOT 8, BLOCK 3, CASH LOMA SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 1113 Corona Drive, Severance, CO 80550 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, pp � 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 said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the I 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 aforesaid, and that the same are free and dear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, except t easements, covenants, reservations, restrictions, and right of way, if any, of record, p The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof' The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, Doc Fee: $53.00 4363203 12/27/2017 27/2017 0.02 PM Page 2 of SS WHEREOF, The grantor has executed this de - • on the date set forth above. 210“ .. Tian E. Knobl r.. Tamm ie K. Knobloch State of Colorado County of Weld The foregoing instrument was acknowledged to before me this Twenty-second day of December, 2017 by Brian E. Knobloch and Tamnile K. Knobloch. Witness my hand and official seal. My commission expires: .r rof Notary -Public for �• .. t.,.. tea•.d...�� • I see 6 0 . s_. . 0 =. . SSa.-.UP. ISMS r - .S - MD S- S =a= --.-• s a . .a w._ m. . S . --.4 \•• saa a r.r....- 6. — .. Om .. —. __ ..•• ..a w._.._. 4 la
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