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Home My WebLink About20172343.tiffAugust 9, 2017 Petitioner: JOHNSON DENNIS N 6860 COUNTY ROAD 1 LONGMONT, CO 80504-5664 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2343 Appeal #: 2008216863 Hearing Date: Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R6777648 Stipulated - Approved Stipulated Value $167,546 $114,745 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2016, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the board of assessment appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-114 shall provide to the county board of equalization or to the board of county commissioners of the county in the case of an abatement, and not to the board of assessment appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals. (b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move the board of assessment appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the county attorney and shall be accompanied by a certification that the county assessor or the county board of equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: 303-864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the /county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e., Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, e,tz,(„,e Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R6777648 STIPULATION (As To Tax Year_2017_ Actual Value) RE PETITION OF : R6777648 NAME: Dennis Johnson ADDRESS: 6860 County Road 1 Longmont, CO Petitioner and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2017 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: PT NW4NW4/NE4NW4 31 2 68 LOT A REC EXEMPT RE -3742 2. The subject property is classified as vacant land property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2017: Total $167,546.00 4. After further review and negotiation, Petitioner and Weld County Assessor agree to the following tax year 2017 actual value for the subject property: Total $114,745.00 5. The valuation, as established above, shall be binding only with respect to tax year 2017. 6. Brief narrative as to why the reduction was made: Review of sales in the area 7. Both parties agree that: ®A hearing has not yet been scheduled before the Board of Equalization. Error! Reference source not found. 1 DATED this 19th day of July, 2017. /1444A,L0 Petitioner(s) or Agent or Attorney 'Assistant) County Attorney fo Respondent, Weld County Board of Commissioners Address: 8(70 Cf)un c&r Lout/ ,n6r, t B05r4- Telephone: iD , - eof -``y'2 Z, Docket Number Stip-1 • Frm Error! Reference source not found. Address: 1150 "O" Street P.Q. Box 758 Greeley, CO 80632 T- ee ne:(970) 336-7235 County As tor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 f 0. NOTICE OF DETERMINATION f Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/30/2017 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ... .. .•.._ ... ,' - :r • r c... : :..:. '-.• r 'Y: r. r :N •.: yw A-.. .-.- :RW ,. r. �•��.`S- , {[ _' - f•' :. r•, . • L .... • .... 1•,•1i Y 5-:r::5:t(:�� ♦'..1h y . ... ••• ..- ... n .. 1C %' • . ,.,.-i..1 '- rv. .'.}•i: Y w'N..!'A.''�-'yx•'/ %4.. 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RiVd1 :1 "�'yy f r .:%. :1 L. •t. • •..•�• 4. .l •r •.}' • ldr'r :: K 1 . • J. ..lJ4 }' �. .1... f _ __ a .. .. {�'�:..} ...- - -1i .Wl.V4J.iJ:a .•Vv..{ rJ1.a f?}f }Yf•:1t..5 -Ji. :'} 4'. •py'� ROI -h •NYr M' ar VM W {�l�y 1 1: - r 2 ,f..1•... N' c '.54:: �R _ �AM1 „ r y`� YA' f F W .rJ if -y q 1 =:.''t-0{iY2 1..1t:}l.1•��rlr- �.Y..�.°Y .Y1115M'"..J.-.. 1J1 �•.K•.sti{*•?��•. ... AG AG AG RESIDENTIAL LAND BUILDINGS 193,641 91 250 167,205 91 250 J. $1931982 $167,546 Y r n i h � y r.5w r'. r 1 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: ALO - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales. If you disagree with the Assessors decision, you have the right to appeal to the County Board of Equalization for further consideration, § 94-106(1 )(a),C.R.S. The deadline for filing real property appeals is July 16. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): 16 -OPT -AR PR 207-08/13 R6777648 2017-2343 sa County Board of Equalization Hearings will be held from July 24th through August 4th at 1160 0 Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: http., /w rw,co.weld_co us/apps/oboe/ To preserve your appeal rights, your petition to the county Board of Equalization must be postmarked or delivered on or before July 15 for real property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 10, § 39-2-125(1)(e), C. R. S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and wwvv. dol a_ cola rado ylbaa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, 1t shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), CRS, What Is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original install - d cost, ap i rais - , etc 1 V N4 ^jr wyif'j- I, the undersigned owner or agent1 of the property identified above, affirm that the statements contained herein and on attachments hereto are true and complete. Signa ure .63P Telephone Number Email Address I Attach letter of authorization signed by property owner. 7 ball Dat 16-DPT-AR PR 207-08/13 R6777648 EXHIBIT 4 i 3697245 10/30/2008 04:42P Weld County, CD . 1 u 1 R 11.00 D D.OQ Steve Morello C ;:rk $ Recorder [11111111111111111 Ills IIII 1111111111111111111111111 III 3ROW cml C uni NORTHWEST CORNER SECTION 31. T2N, REM 6TH P.M. FOUND 2-1/24 ALUM CAP LS 22576 AS PER RECORD Fai6'DNG ASEPTIC 1 r0EXISTING crarlf 1 Nima .- err ,.• f 414 1 I 4O' RESERVED RIGHT—DF—WAY Oaf $63'03'18"E 141,$}' wA?ER ▪ o a uWELL ▪ LO a, As cp 30' EXIST. ROW, 165,27' 51 G.OB' IO EASEMENT 20' LOT Oric i ACCESS EASEMENT FOUN° 1-1,2" ALUMINUM CAP LS 11018, 1 A Q' 100' 200' 300' �SIlllle - rwTrwrwll —. SURVEY MONUMENTS FOUND AS DESCRIBED • NO. 5 REPAR\PLASTIC CAP SET LS 23500 UNLESS NOTED OTHERWISE 4- 4 5 POWER POLE FENCE POST GAS MARKER POST TELEPHONE PEDESTAL WATER /VALVE/SPIGOT/MARKER POST N$8f 15'35"E 12.52.89' TO 1/16TH NRB'16'35'E 1148.77' f r ,- a r- yam. Y re, I WELL HEAD AND 1 ENCLOSURE ti C/L tx$s1'1NG 1,3' IRRlG. DITCHES LOT A +1•,861 ACRES WELL ACCESS ROAD FOUND W 1/4 CORNIER SECTION 31, T2N, MA 6TH P.M. 2—I/2" ALUMINUM CAP LS 22576 IN MON. BOX. M88'1$'39'E 514,00' 295.37' 24' HOT B DITCH ACCESS ,,. EASEMENTS rr /r ~ v.f- - J ,r V'ti c r /f NNN A. . // A.4DG.d0 1 f r 40 72 i.72'-- Tl r .r e / :cr] WA Vr a re SEPARATOR IENCLOSURE NOTE$: • 1) BOCK 25- PAGE 13 CONTAINS NO SPECIFIC LOCATION FOR THE RIGHT—OF—WAY THAT IT DESCRIBES AND CAN THEREFORE NOT BE SHOWN PRECISELY HEREON. 2) BOOK 529 PAGE 515 RESERVES "A RIGHT—OF—WAY FORA COVERED PRIVATE DRAIN DITCH MADE OF TILE ONE FOOT IN DIAMETER THROUGH THE WEST HALF (W-1/2) OF SAID NORTHEAST CIUAF<TER (N.E. 1/4) OF SAID SECTION 31, WM-I THE RIGHT TO GO ON SAID PREMISES TO CONSTRUCT AND REPAIR SAME." THE EXACT LOCATION is NOT SPECIFICALLY DEFINED AND THEREFORE NOT SHOWN HEREON. 3) BOOK 1012 PACE 402 FS A DEED THAT DESCRIBES A "RIGHT TO USE THE S. 15 FEET OF LANG OWNED BY CLYDE C. DOUGHERTY IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 31, AS A MEANS OF ACCESS TO THE HIGHWAY ON THE W. SIDE OF SAID SEC. 31." THE DEED HOWEVER FAILS TO DESCRIBED SPECIFICALLY WHICH LANDS ARE OWNED BY DOUGHERTY AND THEREFORE SAID RIGHT—OF—WAY IS NOT SHOWN HEREON. 4) BOOK 650 RECEPTION NO. 1772434 IS A PIPELINE RIGHT—OF—WAY GRANT THE EXACT LOCATION OF WHICH IN NOT DEFINED AND THEREFORE NOT SHOWN HEREON. 5) AS PER THE CLIENT'S REQUEST NO CONFLICTING 'BOUNDARY EVIDENCE IS SHOWN ON THIS FINAL EXEMPTION PLAT. GRANT OF EASEMENT FOR EXISTING SEPTIC TANK AND SEPTIC SYSTE LEACH/FIELD RECORDED UNDER RECEPTION NUMBER: WEST i/1EPH CORNER SECTION 31, T2N, R68W 6TH P.M. FOUND 2-1/2- ALUM CAP LS 22414 (1949 AS PER RECORD. EXCEPTION 9.987 ACES a 4 LOT B NBS' 15'35`E 0> \- FOUND 1--1/2" f ALUM CAP LS 1038.5 J 24,4Th ACRES 1 714-, t tai I STORAGE TANK ENCLOSURE t R200.00 \ I r V j 1 r'`,; j t ti I((f 1 1 II r I 1 1 N819' 16'35'E 1557,99' (MEASURED) r ;\ T{8T16'35' . 1634.06• (RECORD) / '! i E E / f R' R. ', IN t� �/ / / "'1 ./f' t -^ BRIDGE FOUND 1-1/2' is ALUM CAP LS 10385 NSF 16'35'1E/0 2557.29' MINERAL ROAD AKA HIGHWAY 52 (EASE OF BEARINGS) r / 150.99' rr FOUND 1—f/2' ALUM GAP IS 11018 RESEARCH BY THE CLIENT DID NOT FIND ANY ` E7s'CEPTIONS THAT WOULD INDICATE THAT THERE '`IS A DEEDED RIGHT—OF—WAY FOR THE G00DING DAILEY PLUMB DITCH OWNED BY THE GODOING DITCH COMPANY. IT MAY BE SUBJECT TO A 'PRESCRIPTIVE EASEMENT'. x3€.27' LOT A tac B 294339 ACRES ..-- - 4. - ,r----- 4 0 O co W VICINITY MAP (NOT TO SCALE) �4 • a -' , —•----- f-- sit i • ,mm Tt.«k 1,.'�Y g3ae _ �! I s I �µrJ� ♦k . � .. Ni ssm �,. t eta t t :Jl P.!' I '^ 1 9 y• 4 ct 37 4 • Y : d ; NOTES: RECORDED EXEMPTION NO. 131a-31-2 RE -3742 PARCEL A OF LAND LOCATED IN THE NORTHWEST. QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY-ONE, TOWNSHIP TWO NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. 1) ALL PROPOSED OR FUTURE STRUCTURES WILL MEET THE MfKIMUM SETBACK AND OFFSET REQUIRENEEFTS FOR THE ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. ' MO BUILDING OR STRUCTURE AS DEFINED AND LIMITED TO THOSE OCCUPANCIES UNTED AS GROUPS A. B. E. H, I, M ANO A IN TABLE 3—A OF THE 1997 UNIFORMED BUILDING CODE, SHALL BE CONSTRUCTED WITHIN A 200 —FOOT PACIUS OF ANY TANK BATTERY OR vm'HIM A 150 —FOOT RAOLUS OF MY WELLHEAD, ANY CONSTRUCTION WITHIN A 200 —FOOT RADIUS OF ANY TANK BATTERY OR 150 —FOOT RADIUS OF ANY WELLHEAD SHALL REQUIRE A VARIANCE FROM THE TERMS OF SECTION 23-6-10 OF THE WELD COUNTY CODE. 2) ANY FUTURE STRUCTURES OR USES ON SITE MuST OBTAIN THE APPROPRIATE ZONING MD BUILDING PERMITS. 3) PRIOR TO THE RELEASE OF euE_DENG PERMITS, THE APPLICANT SHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUFLUING PERMIT Is REQUESTED WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL DESCRIPTION ON SUCH OEF-D SHALL INCLUDE THE LOT DESlGNAT1OH MO RECORDED EXELAPBON NUMBER. 4) BUILDING PERMITS SHALL BE OBTAINED PRIOR TO THE CONSTRUCTION OF ANY BUILDING. BUILDINGS TEAT MEET THE DEFINITION OF AN AG r`XCEMJPT BUILDING FOR THE REQt1FREMENTs OF SECTION 29-1-20 AND SECTION 299-3--20 B.13 or THE WELD COUNTY CODE DO NOT NEED BUILDING PERMITS, HOWEVER A CERTIFICATE OF COMPUAN'CE MUST BE FILED WITH THE PLANNING DEPARTMENT AND AN ELECTRICAL AND/OR PLUMEINC PERMIT IS REQUIRED FIER ANY ELECTRICAL SERVICE TO THE BUILDING OR WATER FOR WATERING OR WASHING OF LIVESTOCK OR POULTRY. 5) PRIOR TO THE RELEASE or BUILDING PERMITS FOR ANY STRUCTURE EXCEEDING 3600 SQUARE FEET, THE APPLICANT MUST COMPLY WITH THE REQUIREMENTS OF APPENDIX III —A OF THE UNIFORM FIRE CODE, 6) SHOULD NOXIOUS WEEDS EXIST ON THE PROPERTY OR BECOME ES'TAEUSHEo A$ A RESULT OF THE PROPOSED DEVELOPMENT, THE APPLICANT/LANDOWNER SHALL BE RESPONSIBLE FOR CONTROLLING THE NOXIOUS WEEDS, PURSUANT TO SECTION 15, ARTICLES I AND I! OF ?NE NILc COUNTY CODE. 7) EFFECTIVE JANUARY 1•, 3003, MILGRIG PERMITS ISSUED ON THE PROPOSED LOTS WILL SE REQUIRED TO ADHERE TO THE FEE STRUCTURE OF THE COUNTY ROAD IMPACT PROGRAM. (ORDINANCE 2OC2-11) B) POTENTIAL PURCHASERS ME HEREBY NOTIFIED THAT A GRAVEL MINING OPERATION (SUP -249) IS LOCATED DIRECTLY EAST OF COUNTY ROAD 1, ADJACENT TO THE SITE. OFF --SITE IMPACTS THAT MAY BE ENCOUNTERED INCLUDE NOISE ANO DUST FROM TRUCKS ANC EQUIPMENT. 9) IN THE EVENT WET,O COUNTY OR ANY OTHER GOVERNMENTAL AUTHORITY EXERCISES ITS RIGHT TO EXPAND COUNTY ROAD i INTO THE RIGHT—OF—WAY NOTED OM TI.ILS RECORDED E xEMPTION AND SUCH EXPANSION REQUIRES A DEMOLITION, CONSTRUCTION, ALTERATION, OR TAKING OF ANY IMPROVEMDITh EXISTING ON THE SUBJECT PROPERTY AS OF THE DATE THrs RECORDirQ ELX HPPON IS RECORDED, THE OWNER OF THE SUBJECT PROPERTY SHALL BE ENTITLED TO JUST COMPENSATION AS OETERµINED IN AN EMINENT DOMAIN PROCEEDING FOR SUCH PROPERTY ANO ITS SIPRWENDETS. THIS REQUIREMENT SHALL. BE BINDING UPON THE PARTIES REGAROLESS OF THE LEGAL EFFECT OF WHETHER THE SUBJECT RIGHTS —OF —WAY OR 'RESERVED" OR "DEDICATED". 10) WELD COUNTY'S RIGHT TO FARM WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES, RANKING FIFTH IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD. TEE RURAL AREAS OF' WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ME INTENSfVELY USED FOR AGRICULTURE PE?SONS MOVING INTO A RURAL WEEA MUST REc%GNr2E AND AccEPY THERE ARE 'DRAWBACKS, INCLUDING CONFLICTS WITH LONG—STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN TOWN. ALONG WITH THE DRAWBACK COMES THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL AREAOPEN VIEWS, SPACIOUSNESS, WILOUFE, LACK OF CITY NOISE AND CONGESTIOH, AND THE RURAL ATMOSPHERE AND WAY OF UFE. WTITHOUT NEIGHBORING FARMS, THOSE FEET'_rRES WHICH ATTRACT URBAN tWELLERS TO RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER - AGRICULTURAL. USERS OF THE LAND SHOULD HOT BE EXPECTED TO CHANGE THEIR LONG—ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE GETRUSIONS OF URBAN USERS INTO A RURAI, AEROA, WEU, RUN AGRCULNRAL ACTMIIES WILL GENERATE OFF -SITE IMPACTS, INCLUDING NOISE FROM TRACTORS ANC EQUIPMENT; SLOW -MOVING FARM VEHICLES ON RURAL ROAOSI DUST FROM ANIMAL LENS. FIELD WORK. HARvE T, AND GRAVEL ROA051 ODOR FROM ANIMAL CONFINEMENT, SILAGE, AND MANURE; SIEORE FROM DITCH BURNING; FEJF.5 AND 1d0soUTT'GEs; THE USE OF PESTICIDES AND FERTIUZERS IN THE FIELDS, INCLUDING THE"USE OF AERIAL SPRAYING. DITCHES AND RESERVOIRS CANNOT SIMPLY BE mlbv!O "OUT OF THE NAY" OF RESIDENTIAL ❑EVELQPMENT wrrhQUT THREATENING THE EFTttiENT OEUvEw1 OF IRRIGATION TO FIELDS WHICH IS ESSENTIAL TO FMM PRODUCTION. SECTION 35-3.5-102, C.R.S„ PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FGUNI) TO BE A PUBLIC OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATION ALLEGE) TO BE A- MULSANCE EMPLOYS METHODS OFt PRACTICES THAT COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION. WELD COUNTY COVERS A LAND AREA OF OVER 4,DOD SQUARE MILER IN SIZE (TWICE THE STATE -OF DELAWARE) WITH MORE THAN 3,700 MILES OF STATE AND bOUNTI' ROADS OUTSIDE MUNICIPALITIES, THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFr?RCEMDI IS EASED ON RESPONSES TO CrOMPLAR T MORE THAN ON PATROLS CF THE COUNTY AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCES, ANO FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LBWS THER JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS, NO MATTED HOW OFTEN THEY ARE BLADED, wiLL NOT PRovIDE THE SAME KIND OF SURFACE UPEOTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIAL MAY Na? BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM, SNOW REMOVAL FOR ROADS WITHIN 9JBDMISIONS ARE OF THE LOWEST PRIORITY FOR PUBUC WORKS OR MAY BE THE PRIVATE RESPONSIBILITY OF THE HOMEOWNERS. SERVCES IN RURAL AREAL IN MANY CASES, WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES, RURAL DWELLERS MUST, BY NECESSITY, BE MORE SELF-9.JFF1CIENT THAN URBAN DWELLERS. LEGAL DESCRIPTION: CORRECTION WARRANTY DEED BI(, 1326 RN. 2173:303. PART OF THE NORTHWEST COWER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER or THE NORTHWEST QUARTER or SECTION 31, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO LaORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 31. • FROM WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 31 BEARS DUE EAST 1010.0 FEET, THENCE WEST ALONG THE NORTH LINE OF SAID SECTION, 1630,0 FELT, MORE OR LESS, TO THE WEST LINE OF THE NORTHWEST QUARTER DF THE. NORTHWEST QUARTER OF SAID SECTION 31, THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 1100.0 FEET, THENCE EAST 1634.0 FEET, THHENCE NORTH 1100.o IEtl, MORE OR LESS, TO THE POINT OF BEGINNING. EXCtYUING FROM SUCH LANDS THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 31, THENCE ALONG THE NORTH LINE OF SAID SECTION! .31, N88'16'35"E 1407,0 FEET: THENCE ALONG THE EXISTING FENCE 540'O0'35"w 463.46 FEET; HENCE LEAVING SAID FENCE S38' 18'35'W 1108.82 FEET TO THE WEST UNE OF SAID SECTION 31; THENCE ALONG SAID WEST LINE NOO'OD'5O'R 348.0 FEET TO THE POINT OF BEGINNING, CONTAINING 9.987 ACRES MORE OR LESS, EXCEPT FOR RIGHT—OF—WAY AS DESCRIBE} IN INSTRUMENT RECORDED IN BOOK 25. PAGE 13, WELD COUNTY RECORDS; AND EXCEPT RIGHT —CF —WAY AS DESCRIBED IN INSTRUMENT RECORDED IN BOOK 529, PAGE 515, WELD COUNTY RECORDS; AND EXCEPT RIGHT—OF—WAY AS DESCRIBED IN INSTRUMENT RECORDED IN BOOK 1012, PAGE 4112, WELD COUNTY RECORDS; AND EXCEPT RIGHT -CF -WAY AS DESCRIBED IN INSTRUMENT RECORDED IN BOOK 8SO4 AT RECEPTION NO. 1772434, WELD COUNTY RECORDS; AND E) CEPT OIL AND GAS LEASE OF RECORD. PROPERTY OWNER'S CERTIFICATE: I, THE UNOERSIGNED BONG THE SOLE OWNER IN FEE 7TTLE or THE HEREON DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I UNDERSTAND THUS PROPERTY IS LOCATED IN THE WELD COUNTY ZONING DISTRICT "A'•AND LS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY usEs, AND USES BY SPECIAL.REVIEW, I DO HEREBY OEDICATE, FOR THE BENEFIT OF THE PROPERTIES SHOWN OR DESCRIBED HEREON, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREDN. STEVEN P. JOHNsON PERSONAL REPRESENTATIVE OF THE ESTATE OF MARGARET E. JOHNSON DECEASED, WELD COUNTY DISTRICT COURT PROBATE N4, C2P'R25Q, THE FOREGOING CEATIF]cATIOt AGM(NO'NE GEp 8EF STEVEN P. JOHNSON THIS / , DAY OF � MY COMMISSION EXPI$ES 71�.: 4.20.16 NOTARY PUBLIC DEPARTMENT F PLANNING' SERVICES DIRECTOR WITNESS TAY HAND AND SEAL A 0 APPROVED FOR FILING. RE ME BY A.D., 2008. ACKNOWLEDGEDACKNOWLEDGEDBffOZ ME BY TEPA OF 'PLANNING SERVICES DIRECTOR THIS THE FOREGOING ..M.E_^.' NSF' A_D.. 200APPROVAL8.WAS r# M 1•1114.'(y(�EtAt MY COMMLSt514N ExPI- ..,r --F /°.otla \ • 5 a e_'' AJBLiRE 1 ' BASE OF. BEARINGS: , `cM.E6 _ L THE NORTH UNE OF THE NORTHWEST QUARTER OF St`= ` • , T2N. R8BW OF THE 6114 PM. AS MONUMENTED AND SHOWN HEREON IS ASSUMED TO BEAR NBtid'35'E: NOTARY PUBLIC WETNESS MY HAND AHO SEAL NOTICE: ACCORDING TD COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER You FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTON BASED UPON MY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON, NOTICE: THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COµMITMENT. THE RECOR0 INFORMATION, WHICH IS REFERENCED HEREON, WAS PROVIDED BY THE CLIENT; AND IS NOT NECESSARILY COMPLETE, AND OR CONCLUSTEE. NOTICE: THIS SURVEY ODES NOT CONSITIIITE A 11TLE SEARCH BY HASCWJ. SURVEYS INc, DF THE PROPERTY SHOWN AND DESCRIBED HEREON TO DETERMINE 1) OWNERSHIP OF THE TRACT OF LAND 2) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJACENT TRACTS OF LAND, 3) RJGHTSn0E—WAY. EASEMENTS AND ENCUIJBRANCES OF RECORD AFFECTING THIS TRACT OF LAND. SURVEYOR'S CERTIFICATE: 1, A MICHAEL IIASCALL, A REGIS It lE4 PROFESSION/E, LAND SURVEYOR !N THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS RECORDED EXEMPTION PLAT WAS PREPARED UNDER MY P53RSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS, A04,.og OF THE STATE OF COLORADO, STATE BOARD OIR R ^•oqi.R, A fl. -..1 PROFESSIONAL ENGINEERS 1\,., r„ti,.r•rr.-, 1-. J.k i-' •i� M' .,,n cad., n ..,,, I it .,,, a sni ,-1 • 4Let - CYLE w w w a J NIle I ei + !NIP ars' W.w; CQv T ONLINE MAPPING. 880.9 WGSJI9 Web_MercatorAuxiliary_Sphtre Weld County Colorado 440.44 88119 Feet This map is a user generated static output from an Internet mapping site and is for reference. only. Data Jay athat appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels Highway O County Boundary Notes Hello