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Home My WebLink About20161876.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX16-0059 - MARK ANDREWS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX16-0059, was submitted by Mark Andrews, 22305 County Road 76, Eaton, Colorado 80615, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4457; being part of the S1/2 of Section 26, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX16-0059, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 15.475 acres and 15.0 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Mark Andrews for Recorded Exemption, RECX16-0059, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall attempt to address the requirements of Weld County School District RE -2 as stated in the referral response dated May 5, 2016. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. PL. Cm H), o.PPL 7/1'3(o'7OtC4 2016-1876 RECX16-0059 RECX16-0059 - MARK ANDREWS PAGE 2 C. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1469-15-03 RECX16- 0059. B. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00188). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. C. County Road 76 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 verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. D. County Road 45 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 verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of Section 23-3-50.E of the Weld County Code. F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. G. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those 2016-1876 RECX16-0059 RECX16-0059 - MARK ANDREWS PAGE 3 occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 7) The property owner shall control noxious weeds on the site. 8) The historical flow patterns and runoff amounts will be maintained on the site. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3- 20.B.13 of the Weld County Code do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 2016-1876 RECX16-0059 RECX16-0059 - MARK ANDREWS PAGE 4 10) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 12) Potential purchasers are hereby notified that a 2,000 -head cattle Confined Animal Feeding Operation is permitted by SUP -395 and is located 0.75 miles east of the proposed Recorded Exemption; specifically, south and adjacent to County Road 76 and approximately 0.2 miles east of County Road 47. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 13) Potential Purchasers are hereby notified that a 30,000 -head sheep Confined Animal Feeding Operation and a 20,000 -head sheep and 3,000 cattle Confined Animal Feeding Operation are permitted by SUP -388 and USR-799 and are located 0.5 miles west of the proposed Recorded Exemption; specifically, south and adjacent to County Road 76 and approximately 0.3 miles west of County Road 45. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 14) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 2016-1876 RECX16-0059 RECX16-0059 - MARK ANDREWS PAGE 5 15) 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. 3. Additional Information. A. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. B. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on -site soils. C. Entrance gates must be set back a minimum of 100 feet from edge of road shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicles stopped to open a gate be allowed to create a safety issue for roadway users. 4. The plat shall be prepared in accordance with the requirements of Section 24-8- 60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2016-1876 RECX16-0059 RECX16-0059 - MARK ANDREWS PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithyv ..to•� Weld County Clerk to the Board BY: puty Clerk to the Board AP' :r ED AS Coun y Attorney Date of signature: 71 1 O Mike Freeman, Chair Sean P. Conway, Pro-Tem C 14,. Julie A. Co ad Steve Moreno 2016-1876 RECX16-0059 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. PLANNER: CASE NUMBER: APPLICANT: APPLICANT ADDRESS: REQUEST: LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: WATER SOURCE: SEWER SOURCE: REMAINDER RETAINED ELECTRONICALLY IN TYLER. DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michael Hall HEARING DATE: June 20, 2016 RECX16-0059 Mark Andrews 22305 County Road 76, Eaton, CO 80615 Two -Lot Recorded Exemption Lot B of Recorded Exemption RE -4457; being a part of the S2 of Section 26, T7N, R65W of the 6th P.M., Weld County, CO 0709-26-3-00-009 Lot A: +1- 15 acres Lot B: +1- 15.475 acres Lot A: Proposed NWCWD Tap Lot A: Proposed Septic ZONE DISTRICT: A (Agricultural) Lot B: NWCWD Tap # 1709 Lot B: Septic # G-19790155 NARRATIVE: The applicant is proposing a two -lot Recorded Exemption on Lot B of RE -4457, recorded November 13, 2006. The size of Lot B of RE -4457, being 30.475 acres, is not sufficient to meet the minimum acreage requirements to keep proposed Lot B greater than thirty-five (35) acres net per Section 24-8-40.P after this action. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P of the Weld County Code, states: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." The property was divided in 2006 into a Lot A and Lot B of Recorded Exemption RE -4457. Lot B of RE -4457 is a total of 30.475 net acres. The applicant is requesting to split Lot B of RE -4457 into two (2) lots; proposed Lots A and B would both be approximately 15 acres. According to Section 24-8- 40.P of the Weld County Code, the largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net unless the Board of County Commissioners finds extenuating circumstances and that the recorded exemption does not evade the requirements and intent of the subdivision regulations. Lot B of RE -4457 is the largest lot of the proposed Recorded Exemption. 2016-1876 RECX16-0059 — Andrews Page 1 of 6 In a letter signed by Mark Andrews and submitted as a part of the Recorded Exemption application to the Department of Planning Services, the application intends to request the requirement listed under Section 24-8-40.P be waived. The applicant has indicated they were creating the new lot for his parents so they can build a home. The applicant was aware that this Recorded Exemption case would be recommended to the Board of County Commissioners and choose to proceed with the request. Other options exist in the Weld County Code to create a home for his parents without a new Recorded Exemption. The Zoning Permit for a Secondary Dwelling (ZPSD), Use by Special Review (USR), Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create another dwelling unit or legal lot to be used for residential purposes. Also, Lot A of the existing Recorded Exemption RE -4457, which is west of and adjacent to the proposed lots, is vacant and can be built upon to provide a new single family residence. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicants are proposing a shared access for proposed Lot B of RECX16-0059 and Lot A of RE -4457 across Lot A of RE -4457. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. B. The applicant shall address the requirements of Weld County School District RE -2 as stated in the referral response dated 05/05/2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1469-15-03 RECX16-0059. B. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00188). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Road 76 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 verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. RECX16-0059 — Andrews Page 2 of 6 E. County Road 45 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 verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one - hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 7) The property owner shall control noxious weeds on the site. 8) The historical flow patterns and runoff amounts will be maintained on the site. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. RECX16-0059 — Andrews Page 3 of 6 11) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 12) Potential Purchasers are hereby notified that a 2,000 cattle confined animal feeding operation is permitted by SUP -395 and is located 0.75 miles east of the proposed Recorded Exemption. Specifically, south and adjacent to County Road 76 and approximately 0.2 miles east of County Road 47. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 13) Potential Purchasers are hereby notified that a 30,000 sheep confined animal feeding operation and a 20,000 sheep and 3,000 cattle confined animal feeding operation are permitted by SUP -388 and USR-799 and are located 0.5 miles west of the proposed Recorded Exemption. Specifically, south and adjacent to County Road 76 and approximately 0.3 miles west of County Road 45. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 14) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 15) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. RECX16-0059 — Andrews Page 4 of 6 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. B. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. C. Entrance gates must be set back a minimum of 100 feet from edge of road shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicles stopped to open a gate be allowed to create a safety issue for roadway users. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. RECX16-0059 — Andrews Page 5 of 6 8. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By:gq, Date: 05/31/2016 Michael Hall, Planner I RECX16-0059 — Andrews Page 6 of 6 April 08, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mhall@weldgov.com PHONE: (970) 353-6100, Ext. 3528 FAX: (970) 304-6498 MARK ANDREWS 22305 COUNTY ROAD 76 EATON, CO 806159419 Subject: RECX16-0059 - TWO LOT RECORDED EXEMPTION On parcel(s) of land described as: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Eaton at Phone Number 970-454-3338 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, ,//// Michael Hall Planner Digitally signed by Michelle Wall FFason: lam the author of this dooament Date: 2016.04.081004:22 -0600' FIELD CHECK date: May 10, 2016 inspection CASE NUMBER: RECX16-0059 APPLICANT: Mark Andrews LEGAL DESCRIPTION: Lot B of Recorded Exemption RE -4457; being a part of the SW4 of Section 26, T7N, R65W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 76; Approximately 0.2 Miles East of County Road 45 Zoning Land Use N A (Agricultural) N Agricultural / Rural Residential E A (Agricultural) E Agricultural / Rural Residential S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural / Rural Residential COMMENTS: County Road 76 is a gravel road. There was no observed traffic on CR 76 during the field check. Lot A of RE -4457 is not improved- vacant land. Lot B of RE -4457 being the proposed Recorded Exemption is to the east of several rows of trees and other landscape features. Proposed Lot B has a home and large shop/outbuilding. Proposed Lot A is vacant and abuts a property to the east with residential improvements. Most of the surrounding properties are large residential and/or agricultural lots. The entrance to the property off of CR 76 is gated; it is not clear whether the gate is 100' from the right-of- way. There is an assortment of agriculture equipment around proposed Lot B, particularly around the outbuilding. It does not appear to be a non-commercial junkyard; however there was some observed debris and rubbish piles. There were also storage trailers and large antennas on the property. Running along the south property line of both proposed Lots A and B, is a rudimentary fence and small utility powerlines. There are oil & gas wells and tank batteries in the northern corner of the property which appear to be accessed through Lot A of RE -4457. Michael Hall, Planner I 05/18/2016 WELD COUNTY BOARD OF COUNTY COMMISSIONERS June 20, 2016 RECX16-OOS9 • CASE NUMBER: RECX16-0059 • APPLICANT: MARK ANDREWS • PLANNER: MICHAEL HALL • REQUEST: TWO (2) LOT RECORDED EXEMPTION • LEGAL DESCRIPTION: LOT B OF RECORDED EXEMPTION RE - 4457; BEING A PART OF THE S2 OF SECTION 26, T7N, R65W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: NORTH OF AND ADJACENT TO COUNTY ROAD 76; APPROXIMATELY 0.2 MILES EAST OF COUNTY ROAD 45 to a a a ss as as 114 4' a.a•a t 41-•-•-a-aa C yU i.e-s-Be aa.a_6.- S. s aaa- z V a a T a a a Oi D S•aa 9 f • a • a{ a 14 .. .a 41-0-4... <a.� • 14waaasn.,aa _ _ a. aaffa.a.aaaa.G_a•►-a...my.a►lg. set • • ■ 4 a j I a I a • 1 a a • a is 7 1 a a a as+a~s a.-aa - ya- a_-- sa. aae-se,®_WCR 76 r 3 s•a.a a. aim aayS-Faa•a i M V U Iz a; a WCR74 ■ a a z U i BOULEVARD B mar —row BOULEVARD D tya h C 0 WCR60 a a I • • a a R • a a a • • a • a a a i 1 . a a a a..-. nee a aeay.a..►sir-.6_ _..-ns aera.sat a_.. _ j .. aaaa`re. as as a a I a a • • • a a i a3RD$ STREET is W CR 72 . a -a -se a a aye..}.. ya`a. s aa.a a4+. a a. 4...46.41-a. • a a a t 1 s a a --- a a s a. -aaa.-• -1P-0-a- asa ai._a a 1 f • a i f a 4 Atson View Road • a I 1 a 1 a i • • wcR7o -en a.a*-y..a.aal-a61-- aa______a. aa asa_a a4, • a a -a-a..s-a v 46- La. La. ia+ c U L _ 1 VdCR 76 W CR 74 WCR 72 CC v 01 Et U U BOULEVARD B `---'1 BOULEVARD D 4---1 h cc WCR80 -3RD, STREET •.r ------------ ------------------- 141350n View Road WCR 70 -T -`- \'JCa ~e' ZCR? �•, w yzw Z Zone A Z._-- w Z >-w w> B C V r Zone:A r Zone: PUD Zone.A Zone PUD Pl CR 82 I- ; 'NCR 72 CC BOULEVARD B - - --1 BC: ULE\ARD D C: ------------- VNCR80 3RD , STREET ••••r Mason View Road V1CR70 T Zone PLID Zone PUD z U Zone put re yZ_ Illhf W Z W Y W •.j xa, U# . WCR r t 74.5 �t W 4w W ;n 3 N cn K U } t rek L_ i L a U -i to a V S NCR 75 WCR7: WCR72 .7' 'J CR82 BOULEVARD B BOULEVARD D in CC v� 3R.D. STREE � � Y Mason VlaW Road . Dti 7 n a '+ I.Far { { 2 r, tit L S I a 4 "JCR 76 'NCR 74 CF '7 CC U U a c K V VY CR 82 r BOULEVARD B `---'1 BOULEVARD D I---- 1 3RD , STREET •-•r YY CR 8O ti I I I 1 1 I -I-- .ton I ' ;View Road of re mot. TB n CC V 7i 029 'B 29 A Rg-950 TA LOTS LOTA `sus ctjnRE'v ttu *!t-11YA„Gr74ara_ _ ; 1.%17700. LATE RE -3112 LOTA LATE �t^F9:-L LOT A !DTA RE -1831 LOTA RE -4457 U q ',VCR 76 SE -807 -W CR 82 U O '1..1/VCR 76 n K U c re U BOULEVARD B `----1 BOULEVARD O 4 WCR80 3RD , STREET `•r ------------- ------------ W CR 70 Mason View Road ri frt) 1 re SUP -190 FEED LOT- / USR-1583 tAG SERVICE ESTABLISHMENT SUP -388 LC.O 30.000 USR-7% LC.O.20.000 SHEEP, 1000 COWS SUP -395 FEED LOT 2, 000 CATTLE � � ! $ n.�.• ¢r � ' 1 I I ,� ��.�J. -. 1a.�v . . . ' � - . � � S..�:Y � - .��r—�.�. - I � � ' � � , }( .� l+f w ,pvL°i�_, r � �j,r ' � 'i i J e1��■ / . ... �� A .' � i � i _ — _ i } i ' i � � ^�7•� � � ' .� � i i '_ _ _ _ Z . 3 � �. . � � i . . . :.. � � .x _ . . � i ' y i � �� i Y � ' l:e' .�1 { . � ) r � � � _ .� I � � � ��L1' � � � .' � � . �l �.� �� 9 � � � � ' � '�� F9� ' ' i � il ' � ' - I .: � . �� W \ „ �..r i _.. ' i ' �� i � a � l R� �� 4 �l I - � ��,,,i � . � � � y� ' �� . � t . � F "�yi:g \ j @, r. � - �- ` `_ �� 1 �. i � e' '�� , . _ � � � � 4y{ ,` . . i �F.r- � �_��p^ p � 1� � I ♦ dt? 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I- M Imam.. •.m. aYlc.'RCI _ atO.I.IM• �� Fir T.: I/.1 1!.t)r•M= 01 MONO) DO •6100 Ctrs. 1•AT alL vest legatee re ha I•cl Mae Jib•CIg•IDT, s p MO rig COMMT-aIIt- Ytaat OOMM SMALL itaacatMAll-aa M rate atalle st P[ son PM 0.0 •••••••••••• ten t the 11®•••Mr Ma teen RA*lVM MO.•W4M•YW 1550 WWI •••• ri0 MO teen F - elite • wa1 b -r aI 5.-5 01•'1 i..r a.m..-m v•••• 1. MI • w-••• w• eW.M W - '01'01.4 m..• Irma M IWl um *come flea.* Val t- 1/• tiw twatVer♦r.I. M.WM••Y.ba nni, YwW M lelnW.It— IC IJ 7 cal Ya . errs* J 110 pa •ON LTMTL •Y(.fier igwawwrvirirment armstaa larcp aegis >lti r At YM W R Ito an n. 1 , Sett C MY •KLIMMAtarn WM•LISM 0 WAS M40w W0.Mrrla tccawta MtNaCP.I - QIOpr--Oraltla-'9C -1,111 —n w M a a 0k The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P Section 24-8-40.P of the Weld County Code, states: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." The size of Lot B of RE -4457, being 30.475 acres, is not sufficient to meet the minimum acreage requirements to keep proposed Lot B greater than thirty-five (35) acres net per Section 24-8-40.P after this action. Proposed Lots A and B would both be approximately 15 acres. In a letter signed by Mark Andrews and submitted as a part of the Recorded Exemption application to the Department of Planning Services, the application intends to request the requirement listed u nder Section 24-8-40.P be waived. His parents are likely the intended u ser of the proposed additional lot. Other options exist both in the Weld County Code and as a result of RE -4457 to use or create a building site for family: - Zoning Permit for a Secondary Dwelling - Use by Special Review for a Second Home - Subdivision Processes - Building on vacant Lot A of RE -4457 Looking east on CR 76 to Lot A of RE -4457 (Approaching Proposed Lot B) s 41 la Looking north from CR 76 to the property boundary between Lot A and Lot B of RE -4457 Looking northeast from CR 76 to Proposed Lot B Looking north from CR 76 to Proposed Lot B Looking northeast from CR 76 to Proposed Lot B Looking north from CR 76 to Proposed Lot A 1. Looking north from CR 76 to the east property liof Proposed Lot A Looking northwest from CR 76 to Proposed Lot A Looking west on CR 76, east of the Proposed RE 3 Looking northwest from CR 76 to Proposed Lots A and B Looking northwest from CR 76 to Proposed Lot B Looking south from CR 76 across from Proposed Lot A I. e a St. )L-.-' • ar !a ts. .aND Lag. • • • ,,f • • Looking southwest from CR 76 across from proposed Lot B me Looking west on CR 76 from proposed Lot B le" .4k *01111 fts. its • 1d1111iE1'N!U 1UIYfIII 11. Recorded Exemption No. 0709-26-3 RE -4457 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO Proposed RECX16-OO59 ii ab.-sex - 'A. 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M manse was IC IJ 7 c Ya . r- rs* J Ss* PS •Van •Yt 0:40.013e wits tvie mtp 115.5 IaI..CPSIMM SM atir IM Y4a M at •••a WtL imra ap•a"a0 Mee a.vs:ta►n .ail t •SOS $540500 0 erfaMmemi .Chao. • YMPa.II• - OIORr-—ICCOIOR"'9CaM►Yt0r —n w a a r a RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 171!1 AVENUE'` GREELEY, CO 80631 www.weldgov.com 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE It ASSIGNED: PLANNER ASSIGNED: Parcel Number 0 7 0 - , (� - �, - n a - (12 digit number - found on Tax I D information, obtainable at the Weld County Assessor's map found at www.weldgov.com) Legal Description Lk sgE 41157 , Section 016, Township North, Range 6c/Vest Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES NO O Is the property located in a floodplain? YES O, NO Unknown O Is the property located in a geohazard area? YES C) NO (A Unknown O FEE OWNER(S) OF THE PROP RTY: Name: • Cs—J-lr r - Company: Phone #: �3La— 3%(� t�: '� 7l:� Address : Z7o�, City/State/Zip Code: 61;1/4,‘N Co. ir042 l FEE OWNER (cont.) or APPLICANT: Name: Email: M ti,ac,Q, Q C.' VA Company: Phone It: Address : City/State/Zip Code Email: AUTHORIZED AGENT*: Name: C-1 1� Company: Phone #: Address City/State/Zip Code: *Authorization Form must accompany all applications signed by an Authorized Agent Email: Lot A smallest lot Lot B Lot C Lot D Proposed Use (i.e. Ag or Res) fib //eS5 'es/AG Proposed Acreage 15-, S 1(a,1 Address s '7 .aa ?,o5' as C c t}:ti i) I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. .7/1r ,AAL Signature 'Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date redcap Print: Owner or Authorized Agent Print: Owner or Authorized Agent *If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. Page 16 Dear County Commissioners, In regards to the attached Recorded Exemption application, I'm asking for your consideration on my unique lot request. Please take a look at my overall parcel; you'll notice that the boundaries of the complete parcel don't define any symmetry. Back in 2006 I performed the first Recorded Exemption, which broke "Lot A" out into approximately 6 acres & leaving "Lot B" into approximately 32 acres. At that time, the guideline for Recorded Exemption was for lots 30 acres in size and not to split into more than three (3) lots. That was the guideline & direction that I was following when! broke out the smaller parcel "Lot A" in approximately 6 acres. (RE4457) My plan had always been to split the other jagged "Lot B" into two smaller lots, into approximately 16 acre segments. My dream / vision since I bought this ground was to someday build a house on both the previously recorded exemption "Lot A" and the newly proposed recorded exemption "Lot A". Having two approximate 16 acre lots & one approximate 6 acre lot, capable of each being a respectable buildable sight for a residence, outbuildings and still have room for animals. i understand that the new recorded exemption guideline now states that the parcels need to be 35 acres. I'm not sure what justified the change from 30 acres to 35 acres, but would very much appreciate your consideration for this request. I do strongly feel that previously recorded "Lot A" is currently about the right size at approximately 6 acres. This would be sufficient for a house, outbuilding, and be considered decent horse property. (In which would be too small, should one significantly modify its size just in order to meet the new 35 acre requirement for "Lot B".) I do currently live at the residence on "Lot B" and my wife & I have lived here for over 11 years. My vision is to someday build a house on the proposed "Lot A" and be able to potentially bring my aging parents out to live on the property. Should my plans drastically change at some point, I'd be able to have three (3) decent sized lots available. I'd very much appreciate your consideration in allowing me to split "Lot B" (32 acres) into two lots in approximate 16 acre segments. Sincerely, Mark Andrews RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a letter from the Water District, a tap or meter number, or a copy of the water bill. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached." or "Water will be provide by a well Well Permit # 12345 is attached." or "Water bill from XYZ Water Company is attached".) Lot A Water Source N Lida La. Lot B Water Source (V, _ 1tt Lot C Water Source Lot D Water Source 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water rights.") COO r ira..IrteN 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements." or "A copy of the existing Septic Permit #1236789 is included with the aoalication. Lot A sewage disposal4 - Lot B sewage disposal t15 -c Lot C sewage disposal 4 Lot D sewage disposal Page 17 4. Describe how the property is being used. (Example - "The parcel has one house, one mobile home for the hired hand permitted under Mobile Home Permit # ZPMH-123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and current) slanted in alfalfa.") 10 t- 'A 'Ls a. ld:.61 ,2,_ Sk fit- Qor c..1A.ay &a-LI: A, i s, A_ oas Lat OflaL kou.se7 G.. aA4 b tai s 4E4rA S&.16 I V Irv% Cr/VC . 5. Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 59") EGA 10A- La: \I tiNaves,; v Aivi c .cL\ ar:weort c V 76, 6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five (5) acre lot and one 40 acre lot.") L*A :,61\‘ It Rip 4- Lot B Ik keer -ice! baae- paL 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example - "The ABC ditch runs diagonally across the southeastern quarter of the property.") Tim �.4 Gak_ Mti. rvi6 alb -Kw- orskie\ ixturrly icexay, 8. Is there a business or Use by Special Review permit on the property?O YEN °UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County."; Page 18 Applicant Name Company Address 2a2)05 City E>► State (`3 Zip 'Sae Business Phone ci7o— 2,0a_;62 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 01AL 4Aarcass, Fax E-mail i'Y1 tam &:/:4,4:44, 4,,:44, Parcel Location & Sketch The access is on CR —1-76 Nearest Intersection: CR 145 Distance from Intersection &CR ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Address City State Zip Phone Fax E-mail o = Existing Access /1= Proposed Access -7(p Parcel Number 07o' 245 O1OO(:\ Section/Township/Range ,-.94 —7 (o 5' Is there an existing access to the property?y'ES NO O Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt C) Gravel a Treated O Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use °Temporary (Tracking Pad Required)/ $75 ()Small Commercial or Oil & Gas/$75 ()Field (Agriculture Only)/Exempt ()Single Residential/$75 ()Large Commercial/$150 Is this access associated with a Planning Process? () No Required Attached Documents - Traffic Control Plan -Certificate of Insurance USR WCR Olndustrial/$150 °Subdivision/$150 SUBX OPUD ()Other - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities c fiction. 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' !1�. L4 .��i 4� � • � + '�x ' �� ♦ � . � ,y�a Z �`• �i� yy . • .� _ � .n , �I +v,`.vN�i� n � J -4 } ` � .y '..� - i v . T �`� �� {Y+..L �..nYt '� � �.�.Y M .n.yY�f� .Y : ..e _? � :- r r.fr. .., ,� ♦ � :y ' x � . r � T�:: � h�'S� ,. . .^ ��•�y.s�"2�ti.,� a- .Zv '�F'��r_":'+a .i �. 1 . ra ` w T �. ♦ ^ �C� ' ��'1�:. � ai" . .. . 1��31�' � `J . ��' tV'� . . l . "' �Tit..� - �T-� .��. ' >f `y�� Y_ 't YR� -M . �{' "_ ` � ' _ . i� - r tiJA � (� rl. �� . •�� ' � `' . . . f . .4'� . \ • � ~ � �I . ~ Scanning Cover Sheet for Septic Permits Permit # (1 9790155 Permit Type: Health / ENS History / EMS Conversion History Situs Street Address 22305 CR 76 Situs City, State, Zip Sec/Town/Range: 26 -07N -65W Application Status: Finaled Application Date: 03/11/1996 Parcel # (12 digits) 070926300009-R4597507 Owner Full Name: Owner Address: Contact Name: Contact Address: SCHMIDT FRED & MARIE ORCHARD CO NUNN,CO 80648 Owner Phone #: 303 6563556 Contact Phone# Information above has been Verified in Accela by employee noted below X January 23, 2009 - Processed by: Date Report ID: EHS00024v003 Page 1 of 1 Print Date -Time: 1/23/2009 11:43:14AM s r4. 4 WELD COUNTY HEALTH DEPARTMENT 1516 Hospital Road Greeley, Colorado PH. 353-0540 0 4eig o X55 Permit No. 153- • Application for permit to install, construct, an Individual Sewage Disposal System. .�- iotou9 Owner II-;-pr;k C r',rvr ( r.f1Inn !rA l AddressGrcr %r(7 CO Phone' )i.'_.'...: Directions to site: Hwy Rd. _N mi, E mi,'S mi, W mi Legal Description: Ptn. c;rk)'lt! Sec. 2.NN ,T (7 N, 11(0,6 W, Sub. Lot Blk General Information No. Bedrooms ra, No. Persons No. Baths / ? '. Basement Plumbing (L'Acb Size of Lot 1 2r1(s) !'n . /_4 (k--__/ H2O supply .(If well give 'depth) NJ n 4 --inn 1?1(� 1(1 New Home 1,/ r Mobile Home Modular Add'n Type of sewage/disposal requested: Septic tank j/ Privy Other De t. Use Onl r Perc rate (avg. of 3) 3) v . ,. Soil Type H2O Table Depth' Lot Grade e•- 3rd °1a Engineer Design Yes If YES -reason: Comments: No This is to certify that the system is NOT within 400 ft. of a public sewer':'_'. Installation instructions: (Minimum Requirements) Septic Tank 1' Sa Gals. Other /- Special Instructions 5 E /Z-ani& R5 _ 3 (DE b -- 3 ff-C - r-ne l )4 ft fl nzr- Absorption Trenches or Seepage Bed Sq. Ft. ( N5T'ICU( r:( ON S v Sq. Ft. Tt,., system will be constructed and installed in accordance with the above specifications and regulations regarding individual sewage disposal systems in Weld County, Colorado. This permit shall expire at the same time as the building permit, or, if no building permit is issued, the permit shall expire 120 days after its issuance if construction has not been commenced. Date: r si--)9 Owner • �i"-• �i ° spl. • \ �„ Y .,.o `. Applicant: The plans and specifications as shown are approved pending payment of permit fee. Date: b --'t - f Sanitarian: The above system inspected and found to comply with plan and des Systems Contractor: Date: Sanitarian: Engineer Review: Permit Fee: Received by: 1 Pti7.R 3 (Date) ocy • „I / I, a Date: (Signature) • op a In k -n • II Ii o, O M 1 ' le 1 I' . 1.I - -fir 1 C7 43,----4&(-t-t-e. -O--dutle_ 5,11, Acdos, OO1,t.L 'l, i a WATER SUPPLY INFORMATION SUMMARY Section 30.28-133,(d), C.R.S. requires that the applicant submit to the County,"Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED 2. LAND USE ACTION hicusite 4..Lke 3. NAME OF EXISTING PARCEL AS RECORDED 0 2O p od c SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE 2)\ '�5 5. NUMBER OF LOTS PROPOSED PLAT MAP ENCLOSED 0 YES 6. A. B. PARCEL HISTORY Was parcel Has the parcel recorded ever - Please been attach copies of deeds, plats or other evidence with county prior to June 1, 1972? 0 YES part of a di lion of land action since June ■ or NO 1, 1972? documentation. _ tgl. YES ■ NO If yes, describe the previous action .cC-\t . _Q v>" t Li) \ A C .,�a 7. LOCATION OF PARCEL • Include a map deliniatinp the project area and tie to a section corner. 114 OF 114 SECTION ac, TOWNSHIP 7 1S1 N ❑ S RANGE �❑ E W PRINCIPAL MERIDIAN: ■ 6TH ❑ RM. 0 UTE ■ COSTILLA I 6. PLAT - Location of all Surveyors plat wells on property must be plotted 0 Yes 0 No and permit numbers If not, scaled hand provided. drawn sketch 0 Yes 0 No 9. ESTIMATED HOUSEHOLD WATER REQUIREMENTS - Gallons per Day or Acre Feet per Year USE if of units GPO _ AF 10. WATER • EXISTING WELLS WELL PERMIT SUPPLY NUMBERS SOURCE ■ DEVELOPED• SPRING PROPOSED O ❑ ❑ NEW WELLS A0UFERS • (CHECK ONE) ALLUVIAL O UPPER ARAPAHOE UPPER DAWSON O LOWER ARAPAHOE LOWER DAWSON O FOX HOB COMMERCIAL USE # of S.F. GPD AF DAKOTA ❑ DENVER O ADTA IRRIGATION # of acres GPD AF ■ OTHER 0 MUNICIPAL STOCK WATERING # of head GPO AF • 0 ASSOCIATION COMPANY WATER COURT DECREE CASE NO.'S OTHER _ GPO AF TOTAL GPD AF ❑ DISTRICT NAME LETTER OF COMMITMENT FOR SERVICE ❑ YES ■ NO 11. ENGINEER'S WATER SUPPLY REPORT ■ YES ❑ NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may be required before our review is compleled) 12. TYPE SEPTIC OF SEWAGE DISPOSAL TANKILEACH FIELD SYSTEM 0 CENTRAL SYSTEM • DISTRICT NAME ❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO ❑ ENGINEERED SYSTEM (Attach a copy of engineering design) 0 OTHER BOARD OF DIRECTORS CHARLES ACHZIGER GENE STILLE GARY SIMPSON TODD BEAN ROBERT ARNBRECHT March 15, 2016 Mark Andrews 22305 WCR 76 Eaton, CO 80615 This letter is in response to your inquiry Approx. 22447 WCR 76, NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE , CO 80646 RICK PICKARD, DISTRICT MANAGER P.O. BOX 56 • BUS: (970) 356-3020 • FAX: (970) 395-0997 WWW.NWCWD.ORG • EMAIL: WAT ER(a)NWLWD.VJtc≥ regarding water service to the following described property, Proposed Lot A in a portion of Section 26, T7N, R65W of the 6th Prime Meridian. (See attached North Weld County Water District sketch) Parcel 070926300009 1. Water Service is presently being provided to the above mentioned property through meter # 1709, located at 22305 WCR 76, also known as Proposed Lot B. 2. North Weld County Water District is able and intends to provide water service to the above -mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, the District may refuse to supply water to the above -mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights -of -Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right -of -Way Agreement, and until such Easement and Right -of -Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form, your irrigated landscaping square footage not exceed approx. 6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 5. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre -Foot of water, if the allotment for Colorado -Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 6. Tap Options and Requirements Raw Water Raw Water Storage Fee Plant Investment Distance Fee Meter Set Fee Water Allocation (Annually) Plant Investment Allocation (Annually) Full Standard Tap 100% 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons Lot Size greater than 0.33 Acres (14,500 sq ft) 75% Tap 75% 75% 75% 75% 100% f 171,000 Gallons 171,000 Gallons Lot sizes greater than 0.20 acres landowners with verifiable irrigation (8,800 sq ft) but less than 0.33 Acres (14,500 sq ft) OR rights or well permits for outside water use Restrictions 50% Tap 50% 50% 50% 50% 100% 114,000 Gallons 114,000 Gallons Restrictions Lot size less than .2 acres (8,800 sq ft) OR with a Board Approved Irrigation System OR a Board Approved Commercial Enterprise Conservation Blue Tap 100% 100% 0 0 100% 228,000 Gallons* 0 Gallons Restrictions if Qualified, taps may be used in combination Conservation 0 Plant Investment) 'Gallons may vary depending on qualifying with Conservation Tap (i.e. 50% Water with a combination _ A tap may he allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons = Annual Allocation. (i.e. Water Allocation 5 x 228,000 =1,140,000 gallons Annual Allocation) Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment. See Page 2 for Rates. Y:\Legal Documents\Letter of rntent\2016\(2016-02-05)Mark Andrews, 22305 CR 76\(2016-03-15)Letter of Intent_Andrews doex 1 oft BOARD OF DIRECTORS CHARLES ACHZIGER GENE STILLE GARY SIMPSON TODD BEAN ROBERT ARNBRECHT NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE , CO 80646 RICK PICKARD, DISTRICT MANAGER P.O. BOX 56 • BUS: (970) 356-3020 • FAX: (970) 395-0997 WWW.NWCWD.ORG • EMAIL: WATERQ NWCWD.ORG March 15, 2016 The Tap Fees quoted below, shall be valid for ten (10) business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten (10) business days, the costs will be subject to the then in effect rates (current cost) established by the District. The District is not responsible for notifying individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a chance of rates and or fees. TAP FEES (Assumed for Full Standard Tap) INSTALLATION COST Raw Water for One Acre -Foot Unit (AFU) $25,000 Meter Set Fee for Proposed Lot A $2,800 Storage Fee Portion of Raw Water Fee $1,000 Line Extension Fee $2,812 Base Portion of Plant Investment Fee $7,500 Line Extension Reimbursement Fee $2,611.11 Line Extension is subject to District's reimbursement Please see the office for details. Distance Portion of Plant Investment Fee (17 miles)policy. $5,100 TOTAL Up•Front COSTS For STANDARD TAP (See Paragraph 6 for Options) PER TAP $46,823.11 Full Std Tap t $34,223.11 Conservation Blue Tap Price is valid for ten (10; business clays from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 40 psi to 50 psi Maximum Pressure 65 psi After the water tap has been purchased (Raw Water AFU & Plant Investment Fee) the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 98% of the purchase price paid by applicant. ft the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid by applicant If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset, the account will begin billing the minimum monthly amount, Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 6,000 gallons $18.30 Minimum $3.05 Der 1.000 gallons (Kgal) 6.000 gallons and up Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $2.00 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights for delivery. Rate Differential Charge Effective November 1, 2015, the District will no longer accept water transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. C0 to 456,000 gallons above the Plant Investment Allotment $3.95 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.95 per 1,000 gallons Sincer9ly, c / Eric Larson, P.E. 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OAR ocSavnW ( l re°' , �/f � W Documents\Leiter of Intent\ 2016\ (2016-02— 05)Mu rk Andrews, 22305 CR 76\Sile Drawing — Andrews, 2244/ CR 76.dwg 13-0a-15 0 r-. TAP REQUEST - ANDREWS 22447 CR 76 P i fit OAR Weld County Treasurer Statement of Taxes D u e Account Number R4597507 Parcel 070926300009 Legal Description PT S2 26-7-65 LOT B REC EXEMPT RE 4457 Account: R4597507 ANDREWS MARK 22305 COUNTY ROAD 76 EATON, CO 80615-9419 Situs Address 22305 76 CR WELD 000000000 C UK !. M 4 h UK..1 S K a K K U x U 4 ,• -! F T k U R\ S A- Lk t. rf M /. k i, 1. K F i xA Y I K K K L' T b Y U f A I! :: A irh i. k y a lift. 0 G. 4 r KKK Y. A K} F H L Y G O f U J F i..i m R♦ GI k b A/ 'i ti p t :r Year Tax Charge 2015 Total Tax Charge Grand Total Due as of 04/01/2016 Tax Billed at 2015 Rates for Tax Area 5049 - 5049 Authority WELD COUNTY SCHOOL DIST RE2 NORTHERN COLORADO WATER (NC GALETON FIRE AIMS JUNIOR COLLEGE EATON REC DISTRICT HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2015 Tax Interest Fees Payments $1,773.14 $0.00 Mill Levy 15.8000000* 23.2930000 1.0000000 4.0960000* 6.3250000 4.9560000* 3.3080000 0.4260000 Amount $473.19 $697.62 $29.95 $122.68 $189.43 $148.43 $99.08 $12.76 59.2040000 $1,773.14 $0.00 ($1,773.14) Values AG -FLOOD IRRItIGATED LAND AG -WASTE LAND FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICULTURAL Total WELD COUNTY TREASURER Balance $0.00 $0.00 $0.00 Actual Assessed $20,555 $5,960 $7 $10 $203,648 $16,210 $26,778 $7,770 $250,988 $29,950 Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign Date 24 Ill INIII�IIII�III IIIIIIIII IIIIII�IIIIIIIIIIIII LEGEND Recorded Exemption No. 0709-26-3 RE -4457 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DIN NINS0 100-0N px: N r ✓ C • FYI ?aYr :- I4 if '/0:it: `5deA]]l'11 -Ai iIC: r LOT 4 • 41ciy'Iq(Az JJ J ,h £EI-_-. i —,1171►#: .tilt ' it i -I, XIw `tat�:): rrr Ve IC' _rte i+ll f e r I: E:a1:: COCA E !af{si um CCul:FJM= "x r -:L -y)IIt rs_�.. 5'JY Submit by Email Weld County Referral April 08, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: MARK ANDREWS Please Reply By: May 06, 2016 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX16-0059 Planner: Michael Hall Location: NORTH AND ADJACENT TO CR 76; APPROXIMATELY 0.2 MILES EAST OF CR 45 Parcel Number: 070926300009-R4597507 Legal: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ▪ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Signature Agency BPascoe Zoning Compliance Date 04/08/2016 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral April 08, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: MARK ANDREWS Please Reply By: May 06, 2016 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX16-0059 Planner Michael Hall Location: NORTH AND ADJACENT TO CR 76; APPROXIMATELY 0.2 MILES EAST OF CR 45 Parcel Number: 070926300009-R4597507 Legal: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. IN ri2( a We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our Interests. See attached letter. Signature Agency iooC 0 Date it/ew/ Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax PT S2 SECTION 26 T7N R65W , , . . n � `. . . ' M �� Y � � 1 � �n� R I _ _ .I �1� � f + �o:��r.. . _ _'-- . �'� <�� i • 1 � �_ . � ' 51 ' � � . , . � - :��. �p�� • `� . �; . j, A � ;. . . �� •-: '., � • � r'.�'h' ��11�� .?�T:.,.��'�� rt � . � • _ � %�� :! ' / � t L -- • r I L ) . �. .:_..�,� :'r� . , . .f' - , 1� - _ .. : . . T . J .�, � . � y � \ �� .r 7: ". 4' ,' . 1 � . •�' :� 1� � �. , l ' ��\ ' '- %`• . • � . .. i. � ._�, cY'Ql. _ r • �i w ` . . 'i�` . " � � •� '' � j3 ' \ ' . . ._ _ �.'I�c .f� .. e� + ,� . � 47 � � � '� . , , ..... , �. R' I ,y ,. i �;,; ,. ; :°' ,, r ` W . � � � � � � , L. . � _; h j �Ran'�i�� . r t� - . . � • - 37 , . . � �c � � , , . I n. , �. ..- e�" J4.} ,� .. � "ty - `�.. . ' V( '� � -.� f � . �' �� . '—��a.. _ r•� a ._ N. . _. r � - _ — . . . . . ._ ' . - Y': . ,d� 76 - �-.�.rA. . � . . � � , r .,��,. ' ., : , . ;,_ . . . . . , _ _ , .� ' ,y ' , . � . . , ,. . - , " ' - . r � :.ri .- 4w .i ► . - �: , :« : .. 47 ' f ., ,� �,�.� �;� . . � . , � � � - � � '. . � �YP �.' .:M � � „ � � ri� "1 . , .'. w. �' ,. # .. ,� .�' _(. � �': . �� . , t [ y t`( � . . �1 .`�rl � � 1 ♦ �� . � _ _ ti 48 _ , r:- ,:, . . � ' . N � �.�5 �. , � .2 ^ Miles �; / V West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map Symbol Soil Name Soil Texture 37 Nelson Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Excavations without basements Commercial Absorption Land (if Fine Sandy Loam Severe Severe Severe No Future septic tank on Lot A: Severe limtations because of shallow depth to bedrock Future building on Lot A: Severe/Moderate limitations; shallow depth to bedrock and low strength Additional Comments The West Greeley Conservation District that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATION DISTRICT Produced by the West Greeley Conservation District Submit by Email Weld County Referral April 08, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: MARK ANDREWS Please Reply By: May 06, 2016 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX16-0059 Planner: Michael Hall Location: NORTH AND ADJACENT TO CR 76; APPROXIMATELY 0.2 MILES EAST OF CR 45 Parcel Number: 070926300009-R4597507 Legal: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ▪ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Signature Agency Leann Koons North Weld County Water District Date 04/11/2016 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral April 08, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: MARK ANDREWS Please Reply By: May 06, 2016 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX16-0059 Planner: Michael Hall Location: NORTH AND ADJACENT TO CR 76; APPROXIMATELY 0.2 MILES EAST OF CR 45 Parcel Number: 070926300009-R4597507 Legal: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ▪ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Signature Agency Gary A Carsten Town of Eaton Date 4121116 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MEMORANDUM TO: Michael Hall, Planning Services DATE: May 13, 2016 FROM: Hayley Brown, E.I. , Development Engineer SUBJECT: RECX16-0059 Andrews The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 070926300009 The project proposes to create a two lot Recorded Exemption. Approximate Access Location: CR76 between CR 45 and 47. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services -Engineer) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Michael Hall, WC Planning From: Katie Sall, Environmental Health Services Date: May 3, 2016 Re: RECX16-0059 Applicant: Andrews Environmental Health Services has reviewed this proposal to exempt one lot from a 31.5 acre parcel. Proposed lot A will consist of 15.5 acres and proposed lot B will consist of 16 acres. According to the application an existing tap from North Weld County Water District (Meter #1709) and an existing on -site wastewater treatment system (G-19790155) are currently provided for proposed lot B. A new tap from NWCWD is proposed for lot A and a new OWTS is proposed for proposed lot A. Proposed lots A and B are proposed residential/ag. The Environmental Health Services Division recommends the following: 1. Prior to construction: a. If a residence is to be constructed, a Weld County Septic Permit is required for proposed lot A septic system and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-641 1 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health 211 1" Street Eaton, CO 80615 (970) 454-3402 (970) 454-5193 Fax TnnsnIttS To: Michael Hall — Weld County Department of Planning Services From: Tim Unrein —Assistant Superintendent Fax: (970) 304-6498 Pages: 3 Phone: (970) 353-6100 Date: 5/5/2016 Re: Weld County Referral Response CC: O Urgent Q For Review O Please Comment O Please Reply O Please Recycle Attached please find our response to the referral for Mark Andrews RECX16-0059. Please let me know if you have any questions. colt tivrErna Weld County Referral April 08, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: MARK ANDREWS Please Reply By: May 06, 2016 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX16-0059 Planner: Michael Hall Location: NORTH AND ADJACENT TO CR 76; APPROXIMATELY 0.2 MILES EAST OF CR 45 Parcel Number: 070926300009-R4597507 Legal: PT S2 SECTION 26 T7N R65W LOT B REC EXEMPT RE 4457 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ® We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: • We have reviewed the request and find no conflicts with our interests. • See letter. attached S • Signature \ ?!W1 -Assistant Superintendent Date 5/5116 Agency Eaton chool District RE -2 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax EATON SCHOOL DISTRICT RE -2 Dr. Randy L. Miller Superintendent (970) 454-3402 (970) 454-5193 Fax May 5, 2016 Michael Hall Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 Michael Hall: 211 1st Street Eaton, Colorado 80615 RE: Mark Andrews Recorded Exemption RECX16-0059 We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash -in -lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash -in -lieu payment is $1,798 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 211 1st Street, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, Timothy Unrein Assistant Superintendent Business Services Eaton School District RE -2 Enc. Date Paid Amount Check # Received By CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B Recorded Exemption No. 0709-26-3 RE -4457, according to the map thereof recorded November 13, 2006 at Reception Number 3434354, located in the Southwest Quarter of Section 26, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 3563236 Reception No. 3555820 Reception No. 3434354 Reception No. 3252468 Reception No. 3069940 Reception No. 2312557 Reception No. 2710192 Reception No. 1792687 Reception No. 1724037 Reception No. 1674787 Reception No. 1389322 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 16th day of March, 2016, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO •/ By: J ,1k i - Authorized Signature united 1275 58th Avenue Suite C Greeley, CO 80634 970.356.3551 1111111 11111 11111111111111111 III 1111111111 1111111111111 3563236 06/26/2008 12:13P Weld County, CO 1 of 2 R 11 00 0 0.00 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO Mark A. Andrews 22305 CR 76 Eaton, CO 80615 p� QUIT CLAIM DEED THIS DEED, dated A��'/ or between Mark A. Andrews and Susan D. Andrews of the County of Weld and S to o{` Colorado ("Grantor") and Mark,*f rarews whose legal address is 22305 CR 76, Eaton, CO 80615 of the County of Weld and State of Colorado ("Grantee"): WITNESS, that the Grantor, for and in consideration of the sum of $10.00 (TEN AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" also known by street and number as: 22305 CR 76, Eaton, CO 80615 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the 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, to the only proper use, benefit and behalf of the Grantee, his 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. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Vk1 Sdsan D. Andrews STATE OF COLORADO )SS COUNTY OF WELD The foregoing instrument was acknowledged before me on Susan D. Andrews. Witness my hand and official seal. My(, it 6 ion Expires: Notary Public by Mark A. Andrews and tel File No.: 52-0004540 11278531 QCD-DOC 6/16/08 1:13 PM 1 11111 11111 111111 1111111►111 II08 12 13P I 11111111111111111► II 2 0l 2 R 11 03563236 0 D 0.00 Steve Moreno Clerk & Recorder Exhibit "A" Lot 0 of Recorded Exemption No. 0709-26-3 RE -4457 according to Map recorded November 13, 2006 at Reception No. 3434354, being more particularly described as follows: Part of the Southwest Quarter of Section 26, Township 7 North, Range 65 West of the 6th P.M., assuming that the East line of said Section 26 bears North and South with all bearings contained herein relative thereto; Parcel "B" Beginning at the Northeast corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quarter South 2712.73 feet to the Southeast corner of said Section 26; thence along the South line of said Southeast Quarter North 84°22' West 2487.05 feet to the True Point of Beginning; thence North 2°45'10" East 235.00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°07'20" West 936.00 feet, more or less to the approximate centerline of The Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances; South 77°14'30" West 40.05 feet; thence North 84°31'40" West 76.25 feet; thence North 75°49'20" West 82.10 feet; thence North 65°2' West 325.50 feet; thence North 44°30'20" West 129.20 feet; thence North 54°20'20" West 138.20 feet; thence North 67°15' West 167.50 feet; thence South 37°00'10" West 1440.50 feet, more or less to the South line of the Southwest Quarter; thence along said South line South 85°36' East, 2118.62 feet to the South Quarter corner of said Section; thence along the South line of the Southeast Quarter South 84°22' East 206.85 feet to the Point of Beginning; Except that portion of the above described property commencing at the True Point of Beginning described above, thence North Z°45'10" East 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°720" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter corner of said Section; thence along the South line of the Southeast Quarter South 84°22' East 206.85 feet to the True Point of Beginning; Excepting therefrom any portion thereof conveyed to C.W. Jones and C.A Finch by Deed recorded September 8, 1920 in Book 602 at Page 485, and Except Lot A of Recorded Excemption No. 0709-26-3 RE -4457 according to Map recorded November 13, 2006 at Reception No. 3434354. County of Weld, State of Colorado File No.: 52-0004540 11278531 QCD-DOC 6/16/08 1:13 PM eRecorded in Weld County, CO Doc Id: 3555820 05/21/2008 03:46 P Roceipt#: 7359652 Page: 1 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder WHEN RECORDED RETURN TO: CORRECTION QUIT CLAIM DEED THIS DEED, dated May /(/1,-2008, between Marie Schmidt Trust, a trust of the County of Weld and State of Colorado ("Grantor") and Mark A. Andrews and Susan D. Andrews as whose legal address is Joint Tenants of the County of Weld and State of Colorado ("Grantee"): WITNESS, that the Grantor, for and in consideration of the sum of $10.00 (TEN AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, If any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" THIS DOCUMENT IS BEING RECORDED TO CORRECT THE LEGAL THAT WAS RECORDED IN WARRANTY DEED DATED MAY 29, 2003 AND RECORDED ON JUNE 5, 2003 AT RECEPTION NUMBER 3069940 IN THE WELD COUNTY RECORDS. also known by street and number as: 22305 Weld County Road 76, Eaton, CO 80615 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the 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, to the only proper use, benefit and behalf of the Grantee, his 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. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. e Sch slit Trusty - t y Ann Gaa ouse stee STATE OF COUNTY OF )SS The foregoing instrument was acknowledged before me on May*, , 2008 by Mary ann Gablehouse as Trustee of Marie Schmidt Trust, a trust. Witness my hand and official sea My, is.0264sion Expires: Notary Public File No.: 52-0004540 11278531 qco-00c 5/7/08 10:53 AM eRecorded in Weld County, CO Doc Id: 3555820 05/21/2008 03:46 P Receipt#: 7359652 Page: 2 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder Exhibit "A" Lot B of Recorded Exemption No. 0709-26.3 RE -4457 according to Map recorded November 13, 2006 at Reception No. 3434354, being more particularly described as follows: Part of the Southwest Quarter of Section 26, Township 7 North, Range 65 West of the 6th P.M., assuming that the East line of said Section 26 bears North and South with all bearings contained herein relative thereto; Parcel "B" Beginning at the Northeast corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quarter South 2712.73 feet to the Southeast corner of said Section 26; thence along the South line of said Southeast Quarter North 84°22' West 2487.05 feet to the True Point of Beginning; thence North 2°45'10" East 235.00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°07'20" West 936.00 feet, more or less to the approximate centerline of The Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances; South 77°14'30" West 40.05 feet; thence North 84°31'40" West 76.25 feet; thence North 75°49'20" West 82.10 feet; thence North 65°2' West 325.50 feet; thence North 44°30'20" West 129.20 feet; thence North 54°20'20" West 138.20 feet; thence North 67°1S' West 167.50 feet; thence South 37°00'10" West 1440.50 feet, more or less to the South line of the Southwest Quarter; thence along said South line South 85°36' East, 2118.62 feet to the South Quarter corner of said Section; thence along the South line of the Southeast Quarter South 84°22' East 206.85 feet to the Point of Beginning; Except that portion of the above described property commencing at the True Point of Beginning described above, thence North 2°45'10" East 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter corner of said Section; thence along the South line of the Southeast Quarter South 84°22' East 206.85 feet to the True Point of Beginning; Excepting therefrom any portion thereof conveyed to C.W. Jones and CA Finch by Deed recorded September 8, 1920 in Book 602 at Page 485, and Except Lot A of Recorded Excemption No. 0709-26-3 RE -4457 according to Map recorded November 13, 2006 at Reception No. 3434354. County of Weld, State of Colorado File No.: 52-0004540 11278531 QCO-DOC 5/7/09 10;53 AM 17759 1/1 =g 0 • J Z r O d I Z z 0 0 O O ru ma N W O • - • = W • O N -6, as.O W C W c sit 7 Z o f r s • I • b • W 7 F O 4 O W r I rW I p N • W r W O a J Q 1 1111I II I111111111111111111111111111111 11111111 ill 3252458 01/12/2005 03:30P Weld County, CO 1 of 2 R 11 00 D 31.50 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made this 10th day ofJanuary, 2005 between I' and H Joint Venture, A Colorado Joint venture of the City and County of Weld and State of COLORADO, grantor, and Mark A. Andrews and Susan D. Andrews whose legal address is 22305 Weld County Road 76, Eaton, CO 80615, of the City and County of Weld, State of Colorado, grantees: WITNESS, That the grantor, liar and in consideration of the sum of Three Hundred Fifteen Thousand Dollars and NO/ 100'S, ($315,000.00), 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 grantees, their heirs and assigns forever, tut in tenancy in common but in Joint tenancy, all the real property together With improvements, if any, situate, lying and being in the City and County of Weld, and State of COLORADO. described as follows: See Exhibit B attached hereto and made a part hereof. 5oba93 c, 'oc t'e�-�31•So also known by street and number as 22305 Weld County Road 76, Eaton, CO 80615 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appenainmg, and the eversion 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 IIO1.D the said premises above bargained and described, with the appurtenances. unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but nut 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 8a —Title Review", of the contract dated December 23, 2004, between the parties. The grantor 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 pan 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. SELLER: P and H Joint Venture, a Colorado Joint Venture William S. Paulsen, Partner STATE OF COLORADO COUNTY OF WELD The foregoing inst Paulsen, as t'artnc apt w��6eli;� ' said (i Jpiht arr... Yt : • it Witness my hand s h¢jteialaeai•'/ My Commission expire :IA(0 J" }SS: dged before me this 10th day of January, 2005 by William S. arc, A Colorado joint venture Notary Public sir Security Title Warranty Deed to Joint Tenants File No. 50029359 1111111 11°111111,11111151111 11111111111111111111 111111111101 32621881 03.30P Weld County. CO 2 of 2 R 11 00 0 31.50 Steve Moreno Clerk 6 Recorder Exhibit B Part of the Southwest Quarter of Section 26, Township 7 North, Range 65 West of the 6h P.M., Township 7 North, Range 65 West of the 6th P.M., assuming that the East line of said Section 26 bears North and South with all bearings contained herein relative thereto; Parcel "B" beginning at the Northeast Corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quarter South 2712.73 feel to the Southeast Corner of said Section 26; Thence along the South line of said Southeast Quarter North 84°22' West, 2487.05 feet to the True Point of Beginning; thence North 2°45' 10" East, 235.00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°07'20" West, 936.00 feet, more or less, to the approximate centerline of The Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances; South 77°14'30" West, 40.05 feet; thence North 84°31'40" West, 76.25 feet; thence North 75°49'20" West, 82.10 feet; thence North 65°2' West, 325.50 feet; thence North 44°30'20" West, 129.20 feet; thence North 54°20'20" West, 138.20 feet; thence North 67°15' West, 167.50 feet; thence South 37°'00'10" West, 1440.50 feel, more or less, to the South line of the Southwest Quarter; thence along said South line 85°36' East, 2218.62 feet to the South Quarter Comer of said Section; thence along said South line South 85°36' East, 2118.62 feet to the South Quarter of said section, thence along the South line of the Southeast Quarter South 84°22' East 206.85 feet to the Point of Beginning; except that portion of the above described property commencing at the Tme Point of Beginning described above; thence North 2°45'10" East, 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter Corner of said Section; thence along the South lute of the Southeast Quarter South 84°22' East, 206.85 feet to the True Point of Beginning; EXCEPTING therefrom any portion thereof conveyed to C. W. Jones and C. A. Finch by Deed recorded September 8, 1920, in Book 602 at Page 485, Weld County Records, County of Weld, State of Colotado. wo1T sr Security Title Warranty Deed to !Dint Tenants File No. S0019359 0 3069940 06/06/2003 1111111IIIII1111111IIIIIEEH11nNNN�ENIII1111111111111 1 of 2 R 11 00 D 26 50 Steve Moreno Clerk 8 Recorder WARRANTY DEED THIS DEED. Made this 29th day of May between Marie Schmidt Trust, a trust , 2003, of the County of Weld and State of Colorado grantor, and P and H Joint Venture, a Colorado joint venture whose legal address is 22305 Weld County Road 76, Eaton, CO 80615 of the County of Weld and State of Colorado ,grantee: WITNESSE'fH. That the grantor, for and in consideration of the sum of TWO HUNDRED SIXTY FIVE THOUSAND AND NO/100 OLLARS, (5265,000 .00 ), the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed and by those presents does grant, bargain, sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the real properly together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein. also known by street and number as 22305 Weld County Road 76, Eaton, CO 80615 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, tide, 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 appunenances, 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 firre 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 mauler and form as aforesaid and that the same arc free and clear from all former and other grants. bargains, sales. liens, taxes, assessments. etc uutbrerces and restrictions of whatever kind ur nature socver. except for taxes for tlw current year, a lien but not yet due and payable, and those secifc Except lusts described by reference to recorded documents as reflected in the Title Donunntis accepted by Royer in accordance with section tea [Title Review], of the contract doted April 9, 2003 between the parties. The grantor shall and will WARRANT AND FOREVER DEPEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee, his heirs and assigns, against all and every person or persons lawfully elainrng 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. 1 MSti Schmidt 'Srvst. Gl trust , Mary AN 'a Ga.l -house STATE OF COLORADO COUNTY OF WELD The foregoing insinmsen Mary Ann Gabse f oK the KEG QgN me this 29th day of May rie Schmidt Trust, a trust. My Commission expires: Ai.ad 9, Ai Witness my hand and official seal. , 2003 by Notary Public Kelly L. Belden WARRANTY DEED (for PNaogr„ptde Retard) wartooNow Filet U042at5Ao3 III I1 lullIIIII1111003 11IIIIIII11111Weld II IIII 11111/111 23069900 of 2 p 11.00 D 26.60 Steve Moreno Clerk & Recorder 22305 Weld County Road 76 LEGAL DESCRIPTION OF DEED DATED Nay 29, 2003 Part of the Southwest Quarter of Section 26, Township 7 North, Range 65 West of the 6th P.M., Township 7 North, Range 65 West of the 6th P.M., assuming that the East line of aid Section 26 bears North and South and with all bearings contained herein relative thereto; Parcel "B" beginning at the Northeast Corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quarter South 2712.73 feet to the Southeast Corner of said Section 26; thence along the South line of said Southeast Quarter North 84'22' West, 2487.05 feet to the True Point of Beginning; thence North 2'45'10' East, 235.00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41'07'20" West, 936.00 feet, more or less, to the approximate centerline of THe Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances; South 77'14'30" West, 40.05 feet; thence North 84'31'40" West, 76.25 feet; theme North 75'49'20" West, 62.10; thence North 65'2' West, 325.50 feet; thence North 44'30'20" West, 129.20 feet; thence North 54'20'20' West, 138.20 feet; thence North 67'15' West, 167.50 feet; thence South 37'00'10" West, 1440.50 feet, more or less, to the South line of the Southwest Quarter; thence along said South line 85'36' East, 2218.62 feet to the South Quarter Corner of said Section, thence along said South line South 85'36' East, 2118.62 feet to the South Quarter Corner of said Section, thence along the South line of the Southeast Quarter South 84'22' East 206,85 feet to the Point of Beginning; except that portion of the above described property commencing at the True Point of Beginning described above; thence North 2'45'10" East, 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41'7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter Corner of said Section; thence along the south line of the Southeast Quarter South 84'22' East, 206.85 feet to the True Point of Beginning; EXCEPTING therefrom any portion thereof conveyed to C.W. Jones and C.A. Finch by Deed recorded September 8, 1920, in Book 602 at Page 465, Weld County Records, County of Weld, State of Colorado TOGETHER WITH any waters assigned to this property included in the S.D. Davis Irrigation Company. File N I1O42AI0AM AR23i2SS? Ili B 1360 REC 02312557 12/01/92 12:32 ;10.00 1/002 F 1773 MARY ANN FEDERSTEIN CLERIC 6 RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this lot dry of December I9 92 , between Marie Schmidt of the 'County of Weld and State of Colorado, grantor and Marie Schmidt Trust whose legal address is 22305 WCR 76, Eaton, Colorado 80615 of the County of Weld and State of Colorado, mamas: WITNESS, that the granm4 for and in consideration of the sum of One and no/ 100ths--- DOII.ARS. the receipt and sufficiency of which is hereby eelmowledgd, has granted, hmgaivad. sold and conveyed, sad by than presents does grant, bargain, sell, convey and cools unto the grantees, Sir Mrs and assigns forest not in tenancy in common but in joint tenancy, all the teal property, together with improvements. if any, situate, lying and being in the County of Weld and State of Colorado, described es follows: See attached "Exhibit A" also boron by *get and number as 22305 WCR 76, Eaton, Colorado TOCEIHER with all and singular the hocdimmems and appurtenances Wuaoto belonging, or in anywise appertaining and the aversion and aversions, =MS ad remainders, tt. as, issues and profits thnto[ and all the agate, right, title, interest, claim aml demand whatsoever of the grantor. either in law or equity, of in and to the above bargained premises, with the &Shamans and appmteoanres. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto thearaotees, their heirs and assigns forever. And the grantor• for blmsd( his heirs and pesooal representatives, doescoveoam, gam, bargain and agree wad with t the grantees, their heirs andassigns,that atPoedine of the easo0ng and ddismyofthese presents, ha :swell seized ofehmptmmises above conveyed, has gra& sore, perfect, absohie and indefeasible estate of inheritance, in Ins in fee simple, and has god tight, fall powerand Lawful authority togrant, bargain, bell and cosy t e same inmanner and form aforesaid, and that the same an fee and char from all forma and other gams, tenpins, sales, liens, lanes, assessments, encumbrances and restrictions of whatever kind Of wane. Never, eaexpl The grantor shall and will WARRANT AND FOREVER DEFEND the about -bargained premises in the quiet and pembk possession of the grantees, then heirs and assigns, against all and every person or pass lawfully claiming die whole or any pea the eot The singular comber shall Shute die plural, the plural the singidac and the use of any geode shall he applicable to all pads. IN WITNESS WHEREOF the grantor has eased this deed on the darn set forth above, • i tee/ `Lo Qs a{'yrin.si if - STATE OF COLORADO Counlyof Weld } as. The foregoing instnmae,t was aelnwwleigd helot me this let dip of December M Marie Schmidt • 110 Dews, meet "coy and' Witness my bad and official rah _ My commission tykes 11/16 • f11•9ei.•fer eut `/7aiiey s & 2Ai Nam m ,m,aarram asks rutty c. aoundtawa(I xasrms.rt3 NoDIA. Rea 345. waaaANry OMOfas Two) amdred Publish*. 1741 waste St. Deem CO Wane —Dort 292.2Na—col EXHIBIT "A" R 1360 RFC 02312557 12/01/92 12:32 $10.00 2/002 F 1774 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO Part of the Southwest Quarter (SW %) of Section Twenty-six (26), Town- ship Seven (7) North, Range Sixty-five (65), West of the 6th F.M. , County of Weld, State -of Colorado, assuming that the East line of said Section 26 bears North and South and with all bearings contained herein relative thereto; Parcel "B", beginning at the Northeast Corner (NE Cor) of the Southeast Quarter (SEA) of said Section 26; thence along the East line of said Southeast Quarter (SE1/4) South 2712.73 feet to the Southeast Corner (SE Cor) of said Section 26; thence along the South line of said Southeast Quarter North 84°22' West, 2487.05 feet to the True Point of Beginning; thence North 2°45'10" East, 235.00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°07'20" West, 936.00 feet, more or less, to the approximate centerline of The Qua Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances: South 77°14'30 West, 40.05 feet; thence North 84°31'40" West, 76.25 feet; thence North 75°49'20" West; 82.10 feeh., thence North 65.2' West, 325.50 feet; thence North 44°30'20" West, 129.20 feet thence North 54°20'40" West, 138.20 feet; thence North 67°15' West, 167.50 feet; thence South 37°00'10" West, 1440.50 feet, more or less, to the South line of the Southwest Quarter; • • __ theme along -said South line South 85°36' East, 2118.62 feet to the South Quarter Corner (SitCor) of-saia:si tlen; . -- -- -- -- - thence along the South line of the Southeast Quarter (SEi) South 84.22' East, • 206.85 feet to the Point of Beginning; EXCEPT that portion of the above described property commencing at the True Point of Beginning described above; thence North 2°45'10" East, 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter Corner (StCor) of said Section; thence along the South line of the Southeast Quarter (SE%) South 84°22' East, 206.85 feet to the True Point of Beginning. EXCEPTING therefrom any portion thereof conveyed to C. W. Jones and C. A. Finch by Deed recorded September 8, 1920, in Book 602, at Page 485, Weld County Records. STATE OF COLORADO CERTIFICATE OF DEATH (PHYSICIAN OR CORONER, FILE NUMBER .oucki iraa RLALTPI RSRACE— D[C(ASE0 rv.vf „y5• DDL tAsr Fred ME. Schmidt .cx Male unit Or Ja.'-. , January 4, 1985 ()EAT ii on5*OEOEExm, A•Df •—COI OAT( BIRTH �YFNI +WhiEe 'Z' German 1,17,71"-"7-1-"-` ' [ Octi. . 31, 1910 _ o w•r .••v.mmm,„ r0 I-ACK INK min°ems C TO o oc o J oEJ.*R Eaton �k'eld n. EDA.uto INS! O 23350 WCR #76 .. xxN o Vlr rvG [In:3E -rr A. a ppM nua ra ANA SLeif OF eln*r:uus.vF•. CRKFX p, w• I LWN!nr USA MARFIFO V[V LX MAPRIff�5Vl 'UrL IS' wlppw(O DIOTCf0 ti-.", NO Married I,� Marie Roth ---- wok. �o Color•(NU KIND OF Rus.NEss CO lNnrlslev o RR SOCIAL srru Rl�+NvveER A USUAL u.:InAIIDN .c.e..„..«•.-..L... '^^il&-°', Agriculture _ Farmer andIRancher I,.. S 522-50-7781 L.. _ N.RESIoENCR- SlAi( TCODNfv CITv. I c.AN OR .00AI'ON LIDS r!ET ANO.YUMBEII I. •_. Eaton 80615 223511 MCR ir76R •, ho 7,70.r Colorado t•, Weld 8 NME.., a••EX .NAME sow Frederick MIDDLE Schmidt ,, Elizabeth Ebel „• I _ u... R''. u........ .Rn.L4C AUORi SSII'.rrrARnlQN.r c.r.u,•nnx ,•,•• D`drs. Wife I„23350 WCR #76 Eaton, CO 80615 Marie Schmidt ,BURIAL. COEVATIOA',REVOVAL 'iiurial 0A•E,R'.,, o.a•...r 8, 198°, CLMF'uIV na C ALALID'Ir. `.AV. AND LOUT, ON 11.0•,1„. .••" Linn Grove Cemetery Greeley, CO }tan. 8 NAME AlD AODI.(SS OF A U SERA. SOS( ?rim, . ,l.DR n„ 262 Allnutt Mortuary 702 13th St. Greeley, CO 80631 / o , �(Y „u/ „ [Macy m nmIAN 4/30 EBII., w„...;...„I°r :. 'la -"?..":::',1'7.1:"0:1;;1'1r„„ . ,.„_ — .., ti-= v:Cr0CIAO .0 O EjcNE ../.5` - /[�\• ryp �R�•/'� y .S J DAIESIGm ,Er .,n G` -- AML AN Essar ann,nR nuv Xun , Nathan J. Clifford. M. D. 900 14th Street• Greeley. Colorado 80641 BLC,STRAN JA,5 TPC 005, r.( O " ......._.......�..,_.. N. ....,... A• TART • IENTCS ONLY ON l CPV5E. LINE FORM, MI.,xf lal 1 A - IMMEDIATE ,I WSE O ��r() S..wE.w_ DUE IO.0CON KaNCK GAVESf �J .. •• I �Ci`z� �.22 �C-C.4..P 2.1 f' ' G r+2ad.... x L4 E TKE { I Oro0 AS CO SSL DUCxLEO• IEI RCA'E AV•OI'Sr PART G]O1X[R S.On Ir lcwT IpM-C..�...ry a.. i....R.r .u.e.n [y .,IOC IAP.r.1.......I ry Yes R WC" ,it; j-/fRA6ZOOttred10wtCkJ.t'-vc-.afat�c �No sir ACCIDENT, SwnOE.n OVICOE. 0 1 ANO+ oon Or'WORK 7C e l',PA IV:N•OCCURRED VNDETE RVINCO. eRNOING INVESTIGAl10n I . •• •' ^ ('.' INNRvnr µO RE nnw 11 I,t ACF O, 1S.UR..05'T I ;OCAT.DN t•.rlr ORnµ• O .0. C.I.c.• 1v.. • rA•II 1 a ..w.. W e .. . • rid State Of Colorado Cbunty of .Weld ALI 11111 111111 111111 111111111 U1111111 11111 IIII 1111 2710192 07/2➢/1999 10:488 Weld County CO 1 of 1 R 5.00 D 0.00 JA Sukl T.uk.moto l; hereby certify -that the above is a Photo4bpy the •r'9inal Death Certificate Med wit the Bureau of Vital Statistics. Subscribed and sworn to before me this my commission expires May 1, 1988 702 13th Street Greeley, CO 60631 1985 02 11 BCQK Recorded nL. clock —P.. M 179268 871 Reception No. ...... _.. . _. .. . Wild County, Colorado JU 1979 THIS DEED. Made this 31st day May isl9, between--FIDEL A. ROYBAL and FRANCISCA V. ROYBAIr- of the County of ----Weld- and State of Colorado. of the first part, and FRED E. SCHMIDT and MARIE SCHMIDT whose legal address is -Road 2 - Orchard, CO 80649 of the Counts' or Well- Colorado.ofthe second part: - Recorder. T/ _ FILING STAMP State Documentary Fee Dale JUN 51979 s L,10 and State of Colorad W ITN ESSETII, that the said pony of the first part. for and in consideration of the sum of other good and valuable consideration and Ten and no/100- DOLLARS and other good and valuable considerations to the assist party of the first part in hand paid by the said portico of the second pert, the receipt whereof is hereby confessed and acknowledged. has granted. ',areal nest, sold and conveyed, and by these presents dues grant, burgs in, sell, convey and confirm unto the said par ties of second part, their heirs and assigns forever. not in tenancy is common but in joint tenancy. all the followingdescribed lot or parcel of land. situ nte,ll•i ng and being in the County "f Weld- and State of Colorado. to wit: See Exhibit "A' attached hereto. and incorporated herein by reference. BIIO•occost noncestemotax TOO EMU ER wit 11 all and singular the he red i rumen la and appurtenances thereon to belonging, or in any wine tipper taining and the reversi sm and reverni in a, remainder mad remainders, rents, issues and profits thereof; and all the estate, right, litle, interest, claim and demand ab,tunever of t he Said party of the first port, tither in law or eqa ity, of. In and to the above bargained premises, wit I. the heredi lame n is and appuctenaucee, TO 11At' E ANlr To Hfll.li the said premises above leis rgai nest and described, with the appurtenances. unto the said parties of the second port. their heirs Inld assigns forever. And the Sail party of the first part, for himself. his heirs, executors. and administrators, does covenant. grant. bargain and agree to and with the said parties of the second pig t. their heirs and assigns. that at the time or t he enscal i ng and dellve ry of these preaent s, he is well seized of the premisea abate conveyed. us of good. sure, perfect, abedult. and indefeasible estate of inheritance. In to a, In fee simple. and has nod right, full power and Inwful nal lllmity to grant. bargain. sell and rnntey the same in manner and fnrin aforesaid. and that the same are free and clear fl'on, all former mid other grits,ts. bargains, sutlt\V. Mena, taxes, Ittnetonse nit toil encumbrances afwUnilever kind or lunar.•seever, except 1979 real property taxes, rights -of -way for public roads and Eor irrigation ditches, including Owl Creek Ditch, right-of-way for Greeley No. 2 Reservoir and subject to prior reservations of minerals and subject to existing oil, gas and other mineral leases; cold the above bargained premises in the quiet cud peaceable possession of the cold parties of the second part, the survivor of theta, their assigns Will Illy heirs s tad assigns of such miniver. against all and every to solo or persons lawfully claiming er to claim I he wholeor any part thereof. t he said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular. end the sae of any gender shall tae applicable to all genders. IN WITNESS WHEREOF' the said party of the fii al part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of (1. 0 .ISEALI (Fidel A. Roybal). • .. f af,eCG.ZGIL L ,Z2'I7 .. _ISEAI.I (Francisca V. Roybal) STATE OF COLORADO • 7.. al J. . .. NM 'A. ," •'•`". County of Weld Tllu'f (JTa (%a`t ryl`nt was ocknowhedged before me this 31st day of May FtthM- Roybal and Francisca V. Roybal. P gOt• n • h{rr ' rion Sanifes .lot 2 Y i•• Or f..". , is79, ga7U^ %Vitae%. m' ad and official seal. ((soft, is P;f —J C N • • • IA N 0 11 4r No.921A. WARRANTY H¢1:11. —To holm 1.nanl..—Cyeri.Mtets l6ulre.Ai•ubua„nafn,1024.10 Stnul%Inrl. Ounce,. OdnnAu seal A,ll._ l e.fa '.Ji;5:zcy c a'r7Atx`:;5 WOK 871. EXHIBIT "A" 1792667 a —a Part of the Southwest Quarter (51,04) of Section Twenty-six (26), Town- ship Seven (7) North, Range Sixty -Eve (65), West of the 6th P.M., County of Weld, State of Colorado, assuming that the East line of said Section 26 bears North and South and with all bearings contained herein relative thereto; Parcel "B", beginrdng at the Northeast Corner (NE Cori of the Southeast Quarter (SE4) of said Section 26; thence along the East line of said Southeast Quarter (SE'4) South 2712.73 feet to the Southeast Corner (SE Cor) of said Section 26; thence along the South line of said Southeast Quarter North 84°22' West, 2457.05 feet to the True Point of Beginning; thence North 2°45'10" East, 235. 00 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°07'20" West, 936.00 feet, more or less, to the approximate centerline of The Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following courses and distances: South 77°14'30 West, 40.05 feet; thence North 84°31'40" West, 76.25 feet; thence North 75°49'20" West, 82.10 feet; thence North 65°2' West, 325.50 feet; thence North 44°30'20" West, 129.20 feet; thence North 5440'40" West, 138.20 feet; thence North 67°15' West, 167.50 feet; thence South 37°00'10" West, 1440.50 feet, more or less, to the South line of the Southwest Quarter; thence along said South line South 85.36' East, 2118.62 feet to the South Quarter Corner (S>Cor) of said Section; thence along the South line of the Southeast Quarter (SE:) South 84°22' East, 206.85 feet to the Point of Beginning; EXCEPT that portion of the above described property commencing at the True Point of Beginning described above; thence North 2°45'10" East, 235 feet; thence along the Easterly prolongation of an Irrigation Ditch North 41°7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter Corner (S1/4Cor) of said Section; thence along the South Line of the Southeast Quarter (SE}) South 84°22' East, 206.85 feet to the True Point of Begimdtg. EXCEPTING therefrom any portion thereof conveyed to C. W. Jones and C. A. Finch by Deed recorded September 8, 1920, in Book 602, at Page 485, Weld County Records, f15}i61:r tY -crib' ill BOOK 812 /� Reception No.........siz oai Recorded at...... 3° o'clock ;.,.. JUL 8 1977 MARY ANN FEUERSTEIN Recorder. THIS DEED, Made this 7th 1977 , between James J. Davis, an unmarried man day of July of the County of Weld and State of Colorado, of the first part, and Fidel A. Roybal and Francisca V. Roybal whose address i 1995 26 Av Pl, Greeley, CO 80631 of the : County of Weld and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the suns of Fifty Thousand and no/100 ._ .. --DOLLARS, to the said part y of the first part in hand paid by the said parties of the second part, the receipt ,thereof is hereby confessed and acknowledged, ha S granted, bargained. sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever. not in tenancy in nonnnon but in joint tenancy, all the following dose, ihed lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit: Part of the SW4 of Section 26, Township 7 North, Range 65 West of the 6th. ?.*!., WELD COUNTY, COLORADO, assuming that the East line of said Section 26 bears North and South and with all bearings contained herein relative thereto; Parcel "B", beginning at the Northeast Corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quarter South. '712.73 feet to the Southeast corner of said Section 76; thence along the South line of said Southeast Quarter North 94° 22' West 2497.05 feet to the true point of beginning; thence North 2° 45' 10' East 235.00 feet; thence along the easterly prolongation of an Irrigation Ditch North 41° 07' 20" West 936.00 feet more or less to the approximate centerline of The Owl Creek LXtension Ditch; thence along the approximate centerline of said ditch the following Courses and Distances' h all and sinrulnr the hercdi laments and appurtenances thereunto belonging. or in anywise South 77 14-' 30" West 40.05 feet; thence North 84° 31' 40" West 76.25 feet; thence North,75° 49' 20" West 82.10 feet; thence North'65° 2' Nest 325.50 feet; thence North 449 30' 20" West`129.20 feet; thence North 54° 20' 40" West 138.20 feetthence North 67° 15' West 167.50 feet; thence South 37° 00' 10" West 1440.50 feet more or less to the South line of the Southwest Quarter; thence along said South line South 85° 36' East 2118.62 feet to the South Quarter corner of said Section; thence along the Southline of the Southeast Quarter South 84° 22' East 206.85 feet to the True Point of Beginning; EXCEPT_ that portion of'the above described property commencing at the true point of beginning described above; thence North 2° 45' 10" East 235 feet; thence along -the Easterly prolongation of an Irrigation Ditch North 41° 7' 20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter corner of said section; thence along the South line of the Southeast Quarter South 84° 22' Fast 206.85 feet to the true point of beginning. Subject to the existing County Road along the Southline of said Southeast Quarter; alsp subject to -County Road Right-of-way along the South - line of -the Southwest Quarter recorded in Book 250 page 216 records of said County, subject to Right-of-way for The Owl Creek Extension ➢itch, and that certain parcel of land described in deed recorded in Book 602 page_485 records of said County. And 35 shares o£ the -James J. Davis Mutual Ditch Company. EXCEPTING therefrom -that portion conveyed to C. W. Jones and C. A. Finch by Deed recorded September 8, 1920, in Book 602 at Page 485, Weld County Records. • RECORDER'S STAMP Stale Documentary Fee Dale..... JUL..._ 1977 CD CD tf\ CN 0 0 ° 1v 0 O W BOOK e02 1724037 apps taint, .. a- a g, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate. right •equit , title, interest, claim and demand whatsoever of the said part y of the first part, either in law or ill and to the above bargained g premises, with the hcrcditamen is and appurtenances. partiest TO RAVE AND TO HOLD the said premises above bargained and described, with the apputenances, unto the said sal f the second part, their heirs and assigns forever. And the said party of the first part, for ]ai m the said his heirs, executors, and administrators do es covenant, grant, bargain and agree to and withpatties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pros.ants , he estate o 1S well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible the inheritance, in law, in fee simple, and ha sgood right, fullpower and lawful nuthotit y to gain, sell g ) rant, mr- altd 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, assessment and encumbrances of whatever kind or nature soever, ex— cepwayeheral taxes for 1977 and subsequent years, and except easements, rights- restrictive covenants and reservations of record, if any, and any oil or mineralleases of record, and the s ve bargained premises in the quiet and peaceable possession of the said parties of the second part, their theiherssaid and °ssigf s against all and every person or persons lawfully claiming or to claim the whole or any part thereof, part IN }y 11, y of the first part shall and will WARRANT AND FOREVER DEFEND, seal NESS WHEREOF the said arty of the first part Im s hereunto set hiS hand and the day and year first above written. Signed, Scaled and Delivered in the Presence of ............................................................ STATE OP COLORADO Weld.............................. .County of The foregoing instrument was acknowledged before me this 19 77, by James J. Davis, an unmarried man }Ss. ames J. Davis, an unmarried man hfy eomRtission expires No. 921. WARRANTY DEED To Joint Tenants. - —B rad ford Publishing Co.. 1021.46 Stout Street, Denver, Colorado (613-6011) —4-76 [SEAL] [SEAL] [SEAL] 7th day of July July 30 , 19 79. Witness my hand and official seal, _ p t)11 Jn c/ z Carol Campbell= -",q' . i _ N coo' 53 N0V 17 1975 n41 ra mewl the ... Mr J .. A. 11. 10 KN.,'" N. 1674767 1 pis Era, Mode this /� f5 M. rnpmftrpro h fire} MEW day of November In theyear of our Lod one thousand nine hundred and acventy-f lye between EVA DELL DAVIS whose steel oddness Is , City or Town of Ore ley County of Weld and State of Colorado, of the Oral Part, And JAMES J. DAVIS whore Street Mb -tall , City or Town of Greeley County of Weld and elate of Colorado, of On wend pan, Wlti ast, That the mid pert y of the Ant put, for and in ooruMlaatlon al the sum of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN ($10.00)—D0LLARd, to the said party of the Bnt part In hand paid by the gold part y of the second pert, the reodpl whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and Qult-cWmad, and by thee pmrola does real.., Neese, edl, convoy and Qult-Oialm unto the said party of the second part, his helm and Ram o', forever, all the right, title, lamed, claim and demand which the said part y of the first part has In and to the following described situate, lying sad being in the County of WELD and elate of Colorado, to -wit: Assuming that the East Line of said Section 26 bears North and South and with all bearings contained herein relative thereto; Parcel "B", beginning at the Northeast Corner of the Southeast Quarter of said Section 26; thence along the East line of said Southeast Quartet South 2712.73 feet to the Southeast corner of said Section 26; thence along the South line of said Southeast Quart North 84 22' West 2487.05 feet to the true paint of beginning; thence North 2 45'10" East 235.00 feet; thence along the easterly prolongation of an Irri- gation Ditch North 41 07'20" West 936.00 feet more or less to the approximate centerline of The Owl Creek Extension Ditch; thence along the approximate centerline of said ditch the following Courses and Distances; South 77 14'30" West 40.05 feet; thence North 84 31'40" West 76.25 feet; thence North 75 49' 20" West 82.10 feet; thence North 65 2' West 325.50 feet; thence North 44 30' 20" West 129.20 feet; thence North 54 20'40" West 138.20 feet; thence North 67 15' West 167.50 feet; thence South 37 00' 10" West 1440.50 feet more or less Cr the South line of the Sothweat Quarter; thence along said South line south 85 36' East 2118.62 feet to the South Quarter Corner of said Section; thence along the Southline of the Southeast Quarter South 84 22' East 206.85 feet to the tru point of beginning; EXCEPT that portion of the above described property com- mencing at the true point of beginning described above; thence North 2 45'10" East 235 feet; thence along the easterly prolongation of an Irrigation Ditch North 41 7'20" West to a cement ditch; thence Southerly along said cement ditch to the South Quarter corner of said section; thence along the south line of the Southeast Quarter South 84 22' East 206.85 feet to the true point of beginning. Subject to the existing County Road along the Southline of said Southeast Quar- ter; also subject to County Road Right-of-way along the Southline of the South- west Quarter recorded in Book 250 page 216 records of said County, subject to Right-of-way for The Owl Creek Extension Ditch, and that certain parcel of land described in deed recorded in Book 602 page 485 records. of sold County. Teflon rend to Hold Wu Moe, Together with all and singular the .ppuotmestw and privileges thereunto belonging or In anywise thereunto appertaining, and all the elate, right, title, intend end claim whatsoever of the mid party of the Bret part, either in law or equity, to the ady proper use, benefit and behool of the said pert y of the second part, his helm sod aligns, forever. In Wltas WEnwd, Tbs said part y of the first part has hereunto set her hand and reel the day and year first slams written. Signed, Sealed and Delivered is Pretence of edw...!1164a EVA DELL DAVIS (SEAL) (SEAL) (SEAL) (SEAL) r ,e••'pR I•E .S OTAR Qt y;y y; •O -O -P : of 'P.'., POQ �-`Ci 00 MTATR or COLORADO. Bowler of WELD acknowledged before me this /9 by Eva Dell Davis The foregoing inetnlment was day of November , le 75 Mywitnessmybandgod oeii 7 4My commidan erphem7 Noun OLIO. Puwn l'Au M0Y[u _-_--._.----_._-.__.,_..... _. ..._...._ _._.._..—.._._._._..— "' althea Address ISSP en. this OUR-cWM DEED—m,ae. r. women w., ewra 800k1624 PAGE458 Recorded at 6 1962 rat 3o'clock 1389aSif .1 ANN SPOM[il Reception No Recorder. VI Clip PS, Made this ---- year of our Lord one thousand nine hundred and sixty-two ---- between J. M. FROST of the County of Weld first part, and JAMES J. DAVIS and EVA DELL DAVIS 4th day of ---- September in the of the and State of Colorado, of the County of Weld and State of Colorado, of the second part: WITNESSETH: That the said party of the first part, for and in consideration of the sum of Other good and valuable consideration and Ten DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: 1. The West Half of the West Half MIN) of Station Fourteen (14), Township Seven (7) North, &sage Sixty-five (65) West of the Sixth Principal Meridian, Weld County, Colorado, excepting and reserving an undivided one-half interest in all oil, gas and other minerals in and under said land, with the right to prospect for and remove the same., 2. All of the Southwest Quarter (SW}) of Section Twenty.. six (26), Township Seven (7).North, gangs Sixty-five (65) Welt of the Sixth Principal Meridian, Weld County, Colorado, except 49 acres, more or lose, lying South and Seat of the Owl Creek aatension Ditch, described as follows, to wit: .Co®enaing at the center quarter corner of said Section 26, thence by true bearings, variition'15° Best, South 1'55' East 1911 feet along the East line of said SW7t of said Section 26, thence South 32°30' West 258 feet, thence South 41'33' Wait 326 feet, thence South 76' West 96 feat, thence North 81°25' West 119 feet, thence North 66'13' West 906 feet, thence Worth 48'08' West 120 feet, thence North 55°40' West 178 feet, thonea North 68° West 165 feet, thence South about 32'35' West about 1452 feat to a point on the South line of said Section 575 feet last of the South- west corner of said Section 26, thence Seat along said South line of said Section 26 about 2118.5 feet to tee North and South center;line of said Section 26, thence North along said. North end South'center line of seid'Section 26 to the place of beginaing; and also all that part of the Southeast Quarter (8g¢) of said Section 26 described as follows, to wit: Coccencing at the center quarter termer of said Section 26, thence by true bearings (variation 15' East) South 1°55' East 1311 feet along the. West line of Said Hat of said Section 26,.thence North 34'24' East 746. feet. thence North 28.50' Hest 184 feat, thecae North 24'30' gut 996 feet, thence•North 36'52' East 123 feet, thence North 69'34' Sect 209 feet to the North line of said gag of said Section 26, about 966 feet to the - place of beginning; containing 136 acres, more or lees; together with water. for irrigating the same represented by TWo (2) ehare'of the eapitel stock of The tartar and Weld. Irrigation Company, Two (2) share of the capital stook of The Windsor Reservoir and Canal' -Company,; and a.6,-1/2; share'of the capital stock of The 0wl'::Creek Supply and Irrigation Conpsay.,excepting and reserving an undivided oche -half interest in all oil; gas and other minerals in and under said land, with the right to prospect for and remove the same. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise 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 said party of the first part, either in law or equity, of, in and to the above bargained premises, the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said part y of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivering of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S 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 and incumbrances of whatever kind or nature soever: Subject to its inclusion within Northern Colorado Water Conservancy District and Ault Fire Protection District, and to taxes for the year 1962 which second parties assume and agree to pay, and except rights of way and easements for existing roads, ditches and highways, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first part has seal the day and year first above written. Signed, Scaled and Delivered in the Presence of hereunto set his hand and V U (SEAL) (SEAL) (SEAL) ss. The foregoing instrument was acknowledged before me this___. 4th__._...day of September 19_6_2, by__.i,_11—Pz9.St._...___. Witness My Hand and Official Seal My Commission Expires April 20 1966 12 44' It 17 _7`>` � 7.�?. z r 16 'rip -Eve -2, ..,.,� Notary Public. WARRANTY DEED —To Joint Tenants- 6g,397d fg9p008 r.n m -o rn t, Ni 0 0 0 a Hello