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Home My WebLink About20063591.tiff DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION W�`pC ADMINISTRATIVE REVIEW COLORADO Applicant: Donald & Cheryl Schlagel & RE-4335 Planner: C. Gathman Todd Bean Legal Description: Lot B of RE-1575; Part E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, CO. Parcel ID#: 0707 22 000002 Lot A Size: +/- 5 acres Lot B Size: +/- 70 acres Lot C Size: Not Applicable Lot D Size: Not Applicable Water Source: North Weld County Water Sewer System: Septic District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. ()CCr359I "AE g33s 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. 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. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0707-22-1 RE-4336 B. The applicant shall submit a proposed building envelope(s) for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. C. Lot A shall be granted one residential access point as no additional accesses shall be granted. D. Lot B shall be granted one agricultural / oil and gas /ditch road access points necessary for agricultural operations and residential use as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. County Road 33 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 33 shall be delineated right-of-way on the plat. This road is maintained by Weld County. The plat shall read "setbacks will be measured beginning 40'from the centerline of current right-of-way of Weld County Road 33 which will reflect the future right of way." G. The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response dated January 11, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. 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. I. The applicant shall submit a complete road access information sheet for review by the Department of Public Works. J. 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. K. 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 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County 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) 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. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or B has an adequate water supply of sufficient quality, quantity and dependability. 6) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 8) 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. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 11) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. 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 Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 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 mapsco.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date February 24, 2006 Chris Gathman ❖ Planner II --AICP 7f y3-SS Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum S pt. lettering Boundaries of Lots }-e -I433S ba"tko wet!, 'jib itc4rOA '16t) etCrtS. Scale Suitable Scale? (1"=200'or 1"=100') Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled, including R.O.W r� Building Envelope(s) C) Vicinity Map Suitable Scale? (Minimum 1"=2000') North Arrow Legal Description �-O lam- IS?S a� u_5„,...\. 41�+' 3\ (71 Notes from Planner/ Development Standards Conditions of Approval t� fl cCsSS '(cam SH Elm Z) 6_,T, cc- 1 0�.-Ncs . Owner's Certificate Notarial Certificate included?All owners must sign the plat, �� check the deed. Surveyor's Certificate and All surveyed plats t s\‘ Surveyor's Stamp Note: USR plats do not need to be surveyed lemS o ob h a 0— Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if C1-r. Certificate Staff Approved) '1 _R^^ Planning Commission (USR,COZ,Minor Sub. Final) Certificate T'• Board Certificate (USR, COZ„Minor Sub Final) tPt (Final PUD,RE,SE &ZPMH if Board approved) N I Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) fv (Ps Easements N GPs Please return the plat to the CAD Technician within 24 hours of receiving the plat. P\2 3f 21 lac -eat Planner on Call: (Initials) ��" � q/610(12Planner Signature: '✓""�t�� Date: (. ,) U WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 107"STREET GREELEY, CO 80631 PHONE:970-353.6100, EXT.35401 FAX: 970-304-6498 Date: / 20 (/to Receipt No 'e_:° 13 3 3 4 Received From: X'7;U,? Li '/' (it /:de Y \ / Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 656 OCASH WCHECK NO. 3 0 V TOTAL FEE i Receipted By. , `, . DLI/ `, , , Exp. '. DEPARTMENT OF PLANNING SERVICES (S NORTH OFFICE 918 10TH Street GREE61O0EY, CO80631 PHONE: (970) 353-6REEL 00, Ext. 3540 FAX: (970) 304-6498 ISOUTHW EST OFFICE O 4209, COR 4 LONGMONT, C 80504 PHONE: (720) 652-4210, Ext. 8730 COLORADO FAX: (720) 652-4211 December 29, 2005 Donald Schlegel c/o Sharyn Frazer 4350 Hwy 66 Longmont CO 80504 Subject: RE-4335-A Recorded Exemption located on a parcel of land described as Lot B of RE-1575; Pt E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. 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 Ault Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Ault Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Ault at 970-834-2844,for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, lAA,O..)6CLWri 1—a} /I , Chris Gathman Planner MELD CHECK inspection date: APPLICANT: Schlagel CASE #: RE-4335 CG REQUEST: LEGAL: Lot B RE-1575; Part E2NE4 22-7-66 LOCATION: West of and adjacent to CR 33 and 1 mile south of SH 14 PARCEL ID #: ACRES: Zoning Land Use N N E E S S W W COMMENTS: MACk all-- Signature H - House DV- Derelict Vehicles D - Ditch O -Outbuilding NCJ - Noncommercial Junkyard A-Access to property IS - Irrigation Sprinkler W - Wetlands MH - Mobile homes OG -Oil and Gas structures Note any commercial business/commercial vehicles that are operating from the site. Note if there is a site distance problem with the access FIELD CHECK inspection date: APPLICANT: Schlagel CASE #: RE-4336 CG REQUEST: LEGAL: W2NE4 22-7-66 LOCATION: 1/4 mile west of CR 33 and 1 mile south of SH 14 PARCEL ID #: ACRES: Zoning Land Use N N E E S S W W COMMENTS: Signature H - House DV- Derelict Vehicles D - Ditch O - Outbuilding NCJ - Noncommercial Junkyard A-Access to property IS - Irrigation Sprinkler W - Wetlands MH - Mobile homes OG - Oil and Gas structures Note any commercial business/commercial vehicles that are operating from the site. Note if there is a site distance problem with the access Mcpcirr i�Pc. APPLICATION FLOW SHEET W COLORADO APPLICANT: Schlagel CASE #: RE-4335 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B of RE-1575 Part E2NE4 of Section 22, Township 7 North, Range 66 West of the 6th P.M. Weld County, Colorado LOCATION: West of and adjacent County Road 33 and 1 mile south of State Highway 14 PARCEL ID #: 0707 22 000002 ACRES: +/- 75 acres Date By Application Received 12/22/05 Application Completed 12/27/05 Referrals listed 12/28/05 CG Vicinity map prepared File assembled 12 in l (Os Urn Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes No X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X Panel#080266 Road Impact WELD COUNTY, COLORADO DEPARTMENT OF PLANNING.SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE:720-652.4210,EXT.8730/FAX: 720.652-4211 Date: / `( Z 1 n 20 O :, Receipt No. 31$ Received From: A±ea J Permit Type No. Description Fee 4221-RE/SE i a Mr - // 3c) 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FdR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS /POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. //8t/ UCASH PC`HECK NO. I 5 t TOTAL FEE Recopied By: ! ? DL# Exp. r- ark, RECORDED EXEMPTION APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: Parcel Number: 070722000002 Legal Description: Lot B of RE-1575, located in E2 NE4 of Section 22,T7N, R66W of the 6th P..M.,Weld County, Colorado. Has the property been divided from or had divided from it any other property since August 30, 1972?Yes X No Is this parcel of land, under consideration,the total contiguous land owned by the applicant:? Yes No X FEE OWNER(S)OF THE PROPERTY: Name: Donald E and Cheryl E. Schlegel &Todd Bean Work Phone#970-590-5551 Home Phone#970-590-5551 Address: 1131 Lindemeier Road City/State/Zip Code: Ft. Collins, CO 80524 APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Sharyn Frazer Work Phone#970-535-9318 Home Phone#303-877-7747 Email Address: sfrazerOagpros.com Address: 4350 Highway 66 City/State/Zip Code: Longmont, CO 80504 Lot A Lot B Lot C Lot D Smaller Parcel Water Source North Weld County North Weld County Water District Water District Type of Sewer Proposed Septic Proposed Septic System System Proposed Use Single Family Residential/Agricultural Dwelling Acreage 5 acres, more or less 70acres, more or less 3 Existing Dwellings No No �A ✓ Sig/5-c-C 33 3 n-as c,Q If the property is vacant or unimproved,write proposed water source and proposed sewer system for each parcel in the blanks above. b• • I(We)request that the following 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 le al authority to sign for the corporation. la-t°I• ps— ignature: ner or Authorized Agent Date RECORDED EXEMPTION (RE) QUESTIONNAIRE Donald and Cheryl Schlagel and Todd Bean 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. North Weld County Water District will service this site. See attached letter in this application packet. b. Irrigation water: The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. One hundred and fifty nine acre feet of augmentation credit under the Cache La Poudre Water Users Association, County of Weld. The applicant proposes to cut the pivot into a three quarter%wiper based on the amount of irrigation water available to this farm. We propose to only irrigate%of the farm. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. An Individual Sewage Disposal System will be engineer designed and permits applied for if/when construction occurs. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. Amended Lot B will be irrigated farmland serviced by a 3/4 pivot sprinkler. This amendment will benefit the farming operation as the proposed access will not cut through the area being farmed. Lot A will be a 5 acre parcel. 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. Proposed Lot A will be a 5 acre parcel, more or less and Lot B will remain in irrigated farmland. Both parcels are located west of and adjacent to WCR 33 south of WCR 80 right-of-way. 5. A statement describing any unique physical characteristics on the site. If applicable, such as rock outcroppings, hills, ditches. There are no unique features associated with this site. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. No building envelopes are proposed. 7. Is there a business or Use by Special Review permit on the property? No To Whom it May Coaeem, Iauthorize ed and Bea tad orA (*)to submit and process a9 work related to Todd Bean's expption applicadottsen and li bility to 's.w to be fated at Weld Comity at Lot B ORE-1575 Wittman part of 2l-7-f6 ht Weld Cant' and Z7NL4 of 22-7-66 pia Weld County .Sbu�y, atic E' 4 A /J� Az ��dd� Date: 'C4"4 aSi%cr;L IAADP rU ,9Y(1�� /� SG`ji/ f (t'SS C/Il I Ll0Y(C h /C *is I re 1ptit%) al , 7,1cce 1017 n I'Prithea [.t?crvek� / at' dx,c_c. °t / bite GENERAL AND DURABLE POWER OF ATTORNEY I, KRISTEN C.BEAN, Social Security Number, 564-79-8489, of 26462 Weld County Road 50, Kersey, Colorado 80644, as Principal, appoint my spouse, Todd A. Bean, of 26462 Weld County Road 50,Kersey, Colorado 80644,my lawful Agent and Attorney, with full power to act for me, in my name, as follows: 1. General Grant of Power and Authority. I grant to my said Agent full power and authority to act on my behalf in all conceivable matters, including, without limitation,the following: a. Banking. Deposit with and withdraw and receive from any person or entity (including, but not limited to, banks, trust companies; mortgage companies, credit unions, savings and loan associations, and industrial banks) any documents or assets which I now or hereafter may have or be entitled to. b. Safe Deposit Box. Enter and re-enter any safe deposit box or vault and to deposit therein or withdraw therefrom any and all contents. c. Property. Purchase, sell, exchange, convey, transfer, lease, encumber, manage, repair, invest in, and otherwise deal with any real and personal property, tangible or intangible. d. Documents. Make, endorse,accept,receive,sign,execute,acknowledge,and deliver deeds with or without warranties, deeds of trust,mortgages, leases,assignments,agreements, certificates, checks, notes, bonds, vouchers, receipts, stock certificates, stock powers, proxies, minutes,tax returns, titles, certificates of title, and any other instruments in writing of whatever kind. e. Taxes. Receive and inspect any and all confidential tax information, to perform those acts that I can perform with respect to any type of tax matter including the authority to sign any agreements, consents, or other documents and to receive refund checks and to sign returns. This authority includes authorization to act in my behalf with any taxing authority whether it be federal, state, or local. f. Gifts. Make gifts to my spouse, my issue, charity, or other beneficiaries as I might have been expected to make, which in the sole opinion of my Agent, are consistent with my intentions and which, in the sole opinion of my Agent, are not needed for my health, support or welfare. In order to assist my Agent in making any decisions under this provision,I hereby authorize any attorney, accountant,physician,hospital or other person who may have information which might be deemed confidential to release such information to my Agent upon the request of my Agent, any privilege hereby being expressly waived as to such disclosures to my Agent only,such waiver should not be deemed a general waiver of any privilege. Any gift shall be limited so as to prevent this power of attorney from causing (1) my attorney-in-fact to be taxed in my income; (2)my estate to be subject to a general power of appointment (as that term is defined in IRC section 2041,as amended) by my attorney-in-fact; and (3) my attorney-in-fact to have any incidents of ownership (within the meaning of IRC section 2042, as amended); with regard to any life insurance policies on the life of my attorney-in-fact. g. Fiduciaries Powers Act. Have the powers conferred upon fiduciaries by the Colorado Fiduciaries'Power Act (as amended) as it exists at the time of the execution of this Power of Attorney. h. Substitutes. Have the power to appoint substitute attorneys-in-fact and make such appointments in writing. 2. Disability. This Power of Attorney shall not be affected by my disability. 3. Interpretation. This shall be construed and interpreted as a general power of attorney. The specific enumeration of powers herein is not intended to,nor does it,limit or restrict the general powers granted. 4. Third Party Reliance. Third parties may rely upon the representations of my Agent as to all matters relating to any power granted herein. Any person who acts in reliance upon the representations of my Agent or the authority granted to my Agent pursuant to this power shall not incur any liability to me as the result of permitting my Agent to exercise any power. EXECUTED and delivered this %.1"` day of ) lt', ,__h_L: _ , 2005. Kristen an, Principal odd A. Bean, Agent and Attorney STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was subscribed,sworn to, and acknowledged before me this lc. day of I Iti,-: ,. , ,, , 2005, by Kristen C. Bean, Principal. WITNESS my hand and official seal. My Commission Expires: /_c-f • ;' Notary Public 2 10/14/LOGO 67:4d 7/747.edlbb kOBJ PAGE 02/15 OPERATING AGREEMr NT_ 1.31 KCB.LLC THIS AGREEMENT is made and entered into effective September 1,2005,by and between the undersigned parties ("Mem rs") • WFrNE—ssfl: IN CONSIDERATION OF the mutual covenants and other consideration herein provided,the Members agree as follows: ARTICLE I FORMATION AND PURPOSE OF THE COMPANY 1.1 Articles of Organization. KCB, LLC ("Company") was organized pursuant to the provisions of the Limited Liability Company laws of the State of Colorado and pursuant to Articles of Organization filed with the Secretary of State on September 1,2005, ("Articles"). The rights and obligations of the Company and the Members shall be provided in the Articles and this Operating Agreement. 1.2 Conflict Between Articles and this Agreement. If there is any conflict between the provisions of the Articles and this Operating Agreement, the terms of the Articles shall control. 1.3 Purposes. The Company is organized for any purposes provided within the Articles. ARTICLE II MEMBERS; CAPITALIZATION; MEMBERSHIP INTERESTS 2.1 Members. The names and addresses of the Members are as follows: Member Name Add Kristen C.Bean 26462 WCR 50,Kersey, CO 80644 Page 1 of 14 iurSUcoop U.:44 7rnaoz.�lto WOBJ PAGE 03/15•2.2 C ntributrons, The capital contributions ("Capital Contributions") made Jiy Members are as follows ember erne C�pitaf Con 'butio2 Kristen C.Bean $100.00 Capital Contributions shall be in cash unless otherwise agreed by the Managers. 2.3 Additio al Ca 'tal C "buboes, No Member shall be required to make any additional Capital Contribution. However, in the event the cash funds of the Company are insufficient to meet its expenses as reasonably determined by the Managers,the Members may make additional Capital Contributions,in the relative proportions of their Membership Interests,sufficient to meet such expenses. In the event one or more Members chooses not to make any such additional Capital Contribution, any one or more of the remaining Members may, in proportion to their respective Membership Interests, make additional Capital Contributions until the total amount required has been contributed. The amount of the additional capital required by the Company shall be determined by the Managers. Each Member's Capital Account shall be increased by the additional contribution made by that Member. In the event any Member chooses not to make any additional Capital Contribution and one or more of the remaining Members make such contribution as permitted herein, each Member's Membership Interest shall be adjusted to reflect new relative percentages based upon the total Capital Contributions made by each Member. At the time of such contributions,an amendment to this Agreement stating the revised total Capital Contributions made by each Member and the resulting relative Membership Interests shall be completed and signed by the Members. In the event any Member refuses to sign any such amendment, a memorandum of such revised total Capital Contributions and Membership Interests shall be completed and signed by the Managers in lieu thereof which shall be binding upon all Members, 2.4 Loans, To meet Company expenses or finance new investments,the Company may, as determined by the Managers,borrow money from one or any of the Managers,Members,or third parties. Any such loan shall be upon such terms as determined by the Managers; however, in the event such loan is made by a Manager to the Company, such Manager shall not have a vote in approval of such teens;and,in the event the loan is made by the only Manager or all Managers,such loan must be approved by the Members. Any such loan shall be evidenced by a promissory note and may be secured by the assets of the Company. Repayment of principal and interest on any such loan shall be entitled to priority of payment over the return of any Capital Contributions or distribution of any profit to Members. No Member's Membership Interest shall be affected by the making of any loan to the Company. 2.5 liations: Membe hie Interest; Total Membership Interest. Each Member's ownership interest in the Company("Membership Interest") shall be as follows: Page 2 of 14 LGf 14f Y000 n7:v:� yro:ib231 b5 WOBJ PAGE 04/15 Member Nat,�n Memo ee Interest Kristen C.Bean- 1 The combination or sum of all Members'Membership Interests is the "Total Membership Interest." Any two or more persons or entities holding a Membership Interest together as either joint tenants or tenants in common shall be treated as a single Member for all purposes herein. A CL tam CAPITAL ACCOUNTS 3.1 Ca ita Accounts. A separate capital account shall be maintained for each Member ("Capital Account"). Any two or more perms or entities holding a Membership Interest together as either joint tenants or tenants in common shall have a single Capital Account. Each Member's Capital Account shall initially be credited with the Capital Contribution specified in Article II,and,if a Member has yet to actually contribute such amount,the Company shall maintain a corresponding subscription receivable on behalf of that Member. Thereafter,each Member's Capital Account shall be credited with any additional Capital Contributions by, and charged with any distributions to or withdrawals by,the Member. In addition,each Member's Capital Account shall be credited with the Member's allocable share of all Company profits,gains,income,and other credits,and charged with such share of all Company losses,deductions,and other charges. No interest shall be paid on any Capital Account balance. 3.2 Ef ect o Transfer of MemlmN Interest is transferred,on the effective date of such transfer,that r l Count. If any Membership p Account equivalent to the percentage of the transferor's Membership Inttegrest being transe of the ferres d shall a be charged to the transferor as a withdrawal. The transferee shall have a Capital Account established with the amount paid for the Membership Interest credited to such Capital Account. 3.3 Withdrawals. No Member shall be entitled to withdraw any portion of that Member's Capital Account balance without the approval of the Managers. 3.4 Al ocatio istributio of fits Gains Deductions, and other Charges, e r Crerl d ses 3.4.1 Generally. Unless the Managers determine an alternative allocation to be preferable pursuant to Section 15.2 below,all Company profits,income,gains,and other credits,and all Company losses, deductions, and other charges, shall be allocated among the Members in proportion to their Membership Interests. Page 3 of 14 _� - t, vaacatoo WUJJJ PAGE 65/15 - 3.4.2 ate inatio of Pr ' ) � losses, shall be determined at least annually in accordance with generally Profits, the Company applicable to the type of business of the Company a� lipa� ---- adopted Iy tie managers. 3.4.3 Dist ibutio -- im'n • Calculation• determination to reinvest profits,gains, income or other credits as p n. Subject to the Managers shall be distributed to the Members at least annually upon the lo provided herein, all such items closing andcompletion of allaccounting for each fiscal year of the Company. Distributions may be made more often-as determined by the Managers. Unless the Managers determine an alternative allocation to be preferable pursuant to Section 15.2, distributions shall be made in proportion to the Members' respective Membership Interests. Notwithstanding anything to the contrary herein,no distribution of any assets may be made to any Members if,after giving affect to the distribution,all liabilities of the Company,other than liabilities to Members on account of their Capital Accounts, would exceed the fair value of the remaining Company assets. No Member has any right to demand or receive any distribution from the Company in any form other than cash; however, the Company may distribute any asset to the Members in kind. 3.4.4 Re entio of Earnings. The Managers may determine that all or any any accumulated profits,gains, income or other credits shall be retained or used b the mion of byr Company for any purpose related to the business of the Company as reasonably determined by the Managers, including not by limitation payments upon the principal or interest of any Company debts, expenditures for capital improvements or replacements,reasonable reserves for such improvements and replacements, reasonable reserves for repairs and for meeting anticipated expenses, or for working capital. ARTICLE Iv Rules Relatiing`to the Mental. 4.1 Original Memg,LnAm. The original Members of this Company are those parties to this Operating Agreement. Additional Members may only be admitted subject to this Agreement and upon the unanimous written consent of all Members. 4.2 Voting of Members. A Member may vote in person or by proxy at any meeting of Members, Any Membership Interest of a Member comprised of two or more individuals or entities holding the Membership Interest as either joint tenants or tenants in common must be voted together and shall not be divided and voted separately. Unless a different voting requirement is provided within the Articles,this Operating Agreement,or by law,all decisions of the Members shall be made by the affirmative vote of the Members possessing a majority of the sum of the Membership Interests represented at a properly called meeting of Members at which a quorum is present,or by unanimous written consent of the Members. Page 4 of 14 aoriYrcvaa rr7:v3 7117�7L.i1b5 k4OBJ PAGE 06/15 4.3 Meeaf hr"`ken. 4.3. embers maybe held at such time and place as may e e ermined by the or Members Managers or the Member g calling the meeting. 4.3.2 NAiss. Written notice stating the place,day,and hour of the meeting,and the purpose for which the meeting is called,shall be delivered not less than 7 days before the date of the meeting,.either personally or by mail,to each Member. A waiver of notice in writing,signed by the Member,shall be equivalent to the giving of such notice. By attending ameeting,a Member waives objection to lack of notice or defective notice unless the Member, at the beginning of the meeting, objects to the holding of the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented. 4.3.3 uo and Adjoummenr. The presence of the Members possessing majority of the Total Membership Interest shall constitute a quorum at any meeting of Members. 4.4 Co em ' of get' g. Any action reeting of Members may be taken without a meeting if the action is e uired or pvidencedb one r more ewritings describing such action and signed by every Member. a:MC.1m Rules Relating to Matnayers 5.1 General Powers. Management of the business of the Company and its affairs shall be vested in one or more Managers. 5.2 Qualifications of Managers. Managers may be any person or entity,and if a natural person, shall be 18 years of age or older, and may or may not be a Member. 5.3 Number.Election. Removal and Term. 5.3.1 Number, The initial number of Managers shall be one (1), who shall be Kristen C.Bean. The number of Managers may be increased or decreased by vote of the Members so long as there is at least one qualified Manager at all times. 5.12 Election:Removal. Each Manager shall be elected and may be removed by a vote of the Members possessing a majority of the Total Membership Interest. 5.3.3 Term, Managers shall hold office until their successors have been elected and qualified. Page 5 of 14 10/14fZUO0 G7:4.y yrGd5Gjtbb WOBJ PAGE 07/15 5.4 Meetinza 5.4.1 2 imea d Pia a g Y call a meeting at such time re ana ers ma anagers may determine. 5.4.2 Notice Written notice of meetings of the Managers shall be delivered at least seventy-two (72) hours before the meeting either personally, by telecopier, or by mail (so long as actually received at least 72 hours before the meeting). By attending a meeting, a Manager objection to the lack of notice or defective notice unless, at the beginning of the meeting, the Manager objects to the holding of the meeting. 5.4.3 uo . A majority of the Managers entitled to vote shall constitute a quorum at any meeting of the Managers. 5.4.4 Voting. All decisions of the Managers shall be made by a majority vote of the Managers who are present at a properly called meeting whereat a quorum is present,or by unanimous written consent of the Managers, 5.5 Duties of_ Manaug 5.5.1 Ojre er iy. The Managers shall have manager as described in the Colorado Limited Liability Comte di and responsibilities of oa time. Company Act, as amended from time to 5.5.2 it'Accou ts. Any Manager may draw checks upon and deposit checks into the deposit bank accounts of the Companendorsey for any ordinary and proper purpose 5.5.3 Co tractin or Debts and Liabi its . Other than the drawing of checks for ordinary Company business purposes,any debt contracted or liability incurred by the Co be authorized only by written resolution of the Managers, Company shall to be executed by the Company in connection with uch any bt instruments iitty shaldocuments l b gnedrdb Managers or any one or more Managers designated in such resolution. all 5.5.4 Acquisition.Mort¢aae and Di o von of Asse . Other than the drawing of checks for ordinary Company business purposes, any acquisition, mortgage,Company property shall be authorized only by written resolution of the Managers,or sp disposition of any instruments or documents required to be executed by the Company and any such acquisition,mortgage,or disposition shall be signed by all Managers or any one connection with Managers designated in such resolution. Notwithstanding the foregoing provisions of this Section 5.5.4, so long as the Company shall have only one(1) manager,such manager shall have the authority to act on behalf of the Company with respect to any matter described In this Section 5.5.4, and any third party shall have the right to rely upon the actions of such manager. • Page 6 of 14 for ivr LnnD ny:µa y0b.i5G:itbb WOBJ PAGE 08/15 5.5.5 Deleeation of Daily Affair of Corrlpan . The Managers may designate any one or more Managers or other employees or agents of the Company daily affairs of theCot anyjj vet ct ngto t e policyia and m management —.�t►i matra,dl decisions affecting the policy management o re Company,control,employment,compensation,and discharge of employees,contractors,and other agents, material contracts, obligations and commitments.by the Company, and all matters pertaining to the ownership and operation of Company property, shall be made solely by the Managers. 5.6 Devotion to Duty. A Manager shall devote reasonable time,attention,effort,and skill in furthering the joint interest, benefit, and advantage of the Company; and shall diligently and faithfully pursue the Company's objectives; and shall, in all aspects of performing the duties of a Manager, act in good faith and with the standard of care as required by the Colorado Limited Liability Company Act, as amended from time to time. ARTIC4,,E VI Company Records 6.1 , Location of Records. The financial and other records of the Company shall be maintained at the principal office of the Company or at such other place as the Managers may designate. 6.2 Access to Records and Accounting. Each Member shall at all times have access to the financial and other records of the Company for inspection and copying. Each Member shall also be entitled: 6.2,1 To obtain from the Managers upon reasonable demand any information reasonably related to the Member's Membership Interest in the Company;. 6.2,2 To have hue and full information provided upon reasonable demand regarding the state of the business and financial condition and other affairs of the Company; 6.2.3 To have a copy provided upon reasonable demand of the Company's federal, state, and local income tax returns once they are available to the Company; and 6.2.4 To have, at the Member's expense, a formal accounting of the Company financial affairs whenever circumstances render an accounting reasonable. 6.3 Accounting Rules. The financial records may be maintained on either a cash or accrual basis, and otherwise so to benefit from the most favorable tax treatment available, as determined by the Managers. The fiscal year of the Company shall be the calendar year unless otherwise determined by the Managers. The financial records shall be closed and balanced at the end of each fiscal year. An audit may be performed as determined by the Managers. The Managers may Page 7 of 14 iuriv.GuuU Gam:ya 7rnan4dico WOW PAGE 09/15 authorize the preparation of a Company year-end profit and loss statement, balance sheet,and all state and federal tax returns by a certified public accountant. R C y D'sso u 'on 7.1 au es of Dissol Orion. The Company s the following events: Y hall be dissolved upon the occurrence of any of 7.1.1 At any time by unanimous agreement of the Members; 7.1.2 Upon the expiration of any period fixed for the duration of the Company;or 7.1.3 Subject to Section 7.2,upon the expulsion,bankruptcy,withdrawal,dissolution, or death of a Member, • 7.2 Conlin BAs on of Busin�ess, A dissolution shall occur u n the happening of any one of the events stated within Section 7.1.3 unless the business of the Company continuueed by the the consent of all remaining Members. Such consent must occur within ninety (90) days of the occurrence of any such event. If the business of the Company is continued following the death of a.Member, the remaining Members shall purchase the deceased Member's Membership Interest as provided below. Notice of intent to continue the business must be served upon the expelled,bankrupt, withdrawn,or dissolved Member either personally or by certified mail within ninety(90)days of the Effective Date(defined below)at such Member's last known address as shown in the records of the Company. Such notice shall be served within such period upon a deceased Member's executor or personal representative, or if no such legal representative has been appointed,upon any legal heir. 7.2.1 Notwithstanding anything to the contrary herein, where a dissolution of the Company results from the dissolution of a Member,and the Member's dissolution results from the death of a partner or member of the Member, the Member shall not be treated as a dissolved Member, but rather,as a deceased Member. If the business of the Company is continued pursuant to Section 7.2 under such circumstances,the occurrence and effect of such Member's dissolution shall be as provided within Article X1 except that the its Membership Interest shall be purchased by the remaining Members as provided within Article XII. 7.3 No Right to Withdraw. No Member shall have the right to withdraw(except upon death) from the Company nor force a dissolution of the Company. Any Member who is expelled, bankrupt, withdraws,or dissolves shall not thereafter participate in the management of the business and affairs of the Company, but shall receive any distributions at the time and to the extent the Member would have been entitled bad the Member not withdrawn. 7.4 Distribution of Assets Upon Dissolution. In the event of dissolution of the Company where the remaining Members do not continue the business of the Company,the Managers shall wind up Page 8 of 14 ltl/14/ua u :44 ytU b2:i1bb wow 1B/15 all Company affairs and liquidate the assets of the Company. Upon liquidation, the assets of the Company shall be distributed in the following order: 7,4.f First, in satisfaction of any liabilities, including any loans by Members; 7.4.2 Second, in satisfaction of reasonable expenses of the Company in liquidation; 7.4.3 Third,each Member shall receive his or her Capital Account balance,except,to the extent a Member purchased all or part of another Member's Membership Interest and the Member's Capital Account reflects increased Company valuation pursuant to Section 3.2 above (i.e., stepped up basis vis-a-vis any other Members),an equitable adjustment shall be made so that no Member receives as a priority in distribution such stepped up basis;generally,the partner with the stepped up basis shall have his or her Capital Account adjusted for distribution purposes only to reflect a basis/company valuation comparable to the remaining Members;and 7.4.4 Last, any remaining assets shall be distributed in proportion to the Member's Membership Interests. 7.5 i11ings Uocm Disso trti l_ on. As soon as possible following the happening of any of the above stated events causing dissolution and where the business of the Company is not continued, the Managers shall execute and file a statement of intent to dissolve as required by the Secretary of State of Colorado. Upon such filing,the Company shall cease to carry on its business except insofar as necessary fdischarged or adequate or the winding up of Company business. Once all debts,liabilities,and obligations have been paid and therefor,anddistributed to the Members,ision has arti articles v dissolution hall be all by remaining as assets have the Secretary of State of Colorado. required by the TI pI Expulsion of a Member 8.1 Causes of Exoutein . A Member shall be expelled from the Company upon the occurrence of any of the following events: 8.1.1 A material violation by the Member of any of the provisions of this Agreement; 8.1.2 A Member's Membership Interest being made subject to a charging order or tax lien which is not dismissed or resolved to the satisfaction of the Managers within thirty(30)days after attachment, 8.2 Effective Date of Expulsion. The Effective Date of expulsion shall be the date that the Managers,having learned of the occurrence of an event described in Section 8,1,give written notice of expulsion to the expelled Member, such notice to be either served personally or by certified mail to the last known address of such Member as shown on the books of the Company, • Page 9 of 14 in/iviznno n7:vd yttt:ibL;i165 W0BJ PAGE 11/15 Effz8.3 t o Exnursion. As of the Effective date,the expelled Member shall have no further rights as a Member except to receive any amounts under Article VII. TIC Bagk*srotev mbar 9.1 Litt—�r�•,kru efined • A Member shall be considered bankrupt if the Member files a petition in bankruptcy, or an involuntary petition in bankruptcy is filed against the Member and the petition is not dismissed within 60 days,or the Member makes any assignment for the benefit of creditors, or otherwise takes any proceeding or enters into any agreement for compounding his or her debts other than by the payment of them in the full amount thereof,or is otherwise regarded as insolvent under any Colorado law. 9.2 E festive bate of RIt , The Effective Date of a Member's bankruptcy shall be the date of occurrence of any of the events listed in Section 9.1, However; for purposes of calculating the date for notice of intent to continue the business provided within Section 7.2,the Effective Date shall be the date the Managers have actual notice of the Member's bankruptcy. 9.3 . fact of nm $ r further rights as a Member of ekth C m As of the Effective Date, the bankrupt Member shall have no Company except to receive any amounts under Article VII. TIC Wit caw a tt Member 10.1 Power to Withdraw. A Member shall have the w Member of the Company by giving ninety power but not Company the a t the Company's ns a place of business. Notwithstandinguc (90) days written notice to the at Company's from the o tds o Member ny sum power,the remaining Members may assess against and recover damages which are caused by such Member's withdrawal. 10.2 Lae iv Date of Withdraw. The"Effective Date"of the Member's withdrawal shall be the date so designated by such Member in his or her notice to the Company,but not less than ninety(90) days from the date of the Company's receipt of such notice. 10.3 Effect of Withdrawjl. As of the Effective bate,the withdrawing Member shall have no further rights as a Member except to receive any amounts under Article VII. ARTICLE X1 Di of Ion o4'a Member 11.1 Plasolutiouptfin . A Member shall be considered dissolved whenever that Member is Page 10 of 14 1G/14/LGGD WOKI PAGE 12/15 an entity (corporation, limited liability company,partnership, etc.)and that entity is dissolved,whether voluntary, involuntary, or by operation of law. 11-.Z E f five Date of Disanb,r' the date the dissolution actual)" The "Effective Date"of a Member's dissolution shall be ,or otherwise controls the dissolution of c the actually red under whatever applicable law permitted, However,for purposes of calculating the dateforrnnotice of intent to continue the business provided within Section 7.2,the Effective Date shall be the date the Managers have actual notice of the Member's dissolution. 11.3 Effect of Dissot,utn� Member of the Company shall� and mterminate except oraiity righ the t to receivved e anybamounts under Article VII. ARTICLE jCII 12.1 E ecti e e d t f D a of be . The "Effective Date" of death of a Member shall be the actual mate of death. Upon the Effective Date, the deceased Member's rights as a Member of the Company shall cease and terminate except for his or her representatives', devisees', or heirs' right to receive the amounts provided under this Article if the business of the Company is continued, or Article VII if the Company is dissolved. 12.2 oti e o Co tinuaBo a us' es . If the business of the Company is to be continued pursuant to Article VII, notice of intent to continue the business must be served upon the deceased Member's executor or personal representative,or if no such legal representative has been appointed,upon any legal heir, either personally or by certified mail, within sixty (60) days of the date the Managers learned of the Member's death. 12.3 Purchase of Aeceasrst Member' Men+bershnterest If the business of the Company continued,the surviving Members shall purchase the deceased Member's Membership Interest Unless agreed otherwise,each Member continuing the business shall purchase his or her proportionate share of the deceased Member's Membership Interest, said proportionate share equaling that proportion each continuing Member's Membership Interest bears to the sum of all continuing Member's Membership Interests. The price to be paid for the deceased Member's Membership Interest shall be the value agreed upon between the surviving Members and the decedent's proper.representative In the event the value cannot be agreed upon within thirty(30)days of the date of notice of the Members'intention to continue the business, the surviving Members (jointly) and the deceased Member's representative shall each independently hire a competent and qualified individual to appraise the value of the Membership Interest. The value of the deceased Member's Membership Interest shall then be the average of the two appraiser's appraised values unless the greater of the two appraised values is greater than one hundred ten percent (110%) of the value of the lesser appraised value. In such event, the appraisers shall together select a third such appraiser. The three appraisers, by majority opinion,shall then determine the value of the deceased Member's Membership Interest The valuation date shall be the date of death. The payment for, and transfer of, the deceased Member's Membership Interest shall occur not later than ninety(90)days following the date of determination of value. Page 11 of 14 10/14/CUUD ny:va yin35[i165 WOBJ PAGE 13/15 12.4 I rpberShin t,,.e p$t inn Tenanry Interest is held in joint tenancy with any In the event the deceased,Membe title,and-interest in-and to such Membership ship Interest which is held in joint tenancy with such surviving Y survrvingjoim tenant shall acquire all right' joint tenant. The provisions of this Interest shall not apply to those Membership Interescle 12.0 ots which r acquisition a held in joint tenancy, until membership all of the joint tenants owning such membership Interests the deaths of 12.5 L' su an . The Company may contract for life insurance on the Lives of each of the Members in any amount not disproportionate to the value of each Member's Membership Interest. In the event of death of a Member and election by the surviving Members to continue the business of the Company pursuant to Section 7.2, any insurance proceeds paid to the Company on account of the Member's death shall be used to purchase the deceased Members Membership Interest. In such event,the purchase price shall be the greater of the amount determined pursuant to Section 12.3 or the amount of. insurance proceeds received by the Company and,notwithstanding anything to the contrary herein,shall not be payable before seven (7) days following receipt of said insurance proceeds by the Company. If, upon the death of a Member, the business of the Company is not continued, the proceeds of any life insurance payable on account of the death of the deceased Member shall be treated as an asset of the Company and distributed along with all Company assets pursuant to Article VIL ARna X111 Restthilena on n Interests fi'a_sfer of Memberaht., 13.1 Transfers Rea fife nanimo_us Member -assent No Member shall gift, sell, assign, mortgage,pledge,or otherwise transfer any or all of his or her Membership Interest in the Company or in its capital assets or property other than to an existing Member,or enter into any agreement of any kind that will result in any person or entity becoming interested with the Member in the Company,without the prior,unanimous,written consent of all Members. The transferee of any Membership Interest transferred in violation of this provision shall not be a Member for any purpose and shall have no participation in the management or affairs of the Company,but shall be entitled to receive any distributions when and to the extent the transferring Member would have been entitled. Every transferee of any Membership Interest takes such interest subject to this Agreement. 13.2 First Right of Refusal. Any Member("Selling Member")wishing to sell any or all his or her Membership Interest and who has obtained a bona fide offer shall first offer in writing to sell the same to the other Members at the same price and upon the same terms as per the bona Me offer. Each of the Members shall then have the right,for thirty(30)days from receipt of such offer,to accept the offer by furnishing the Selling Member with written notice of acceptance,whereafter,the accepting Member shall be bound to purchase his or her proportionate share of the Selling Member's Membership Interest being offered for sale at such price and upon such terms. In the event any Member does not exercise such right, the Selling Member shall provide written notice thereof to those Members who have accepted the offer, and such Members shall have the right for an additional fifteen(15)days from such notice to purchase the balance of the Selling Member's Membership Interest(each Member purchasing his or her proportionate share unless agreed otherwise) at the same price and terms. Exercise of such right shall be by written notice to the Selling Member within said period. If one or more Members agree to purchase all of the Page 12 of 14 1U/14/LGG G G 7:43 7/Gdh[dlbh W4BJ PAGE 14/15 Selling Member's Membership Interest offered for sale,the safe shall occur,subject to and in accordance with the teens of the original offer, but in no event less than forty-five (45) days of the date of the-last--- notice of acceptance by any Member. .1f all of the Membership Interest being offered for sale is not --- ---purchased by one of more of the Members,no Member shall have an right Selling Member's Membership Interest,who may then sell his or her Membership Interest pursuant to the Y to purchase any part of the original offer. Notwithstanding anything to the contrary herein, any such transfer and the transferee's status remain subject to Member consent and this Agreement as provided within Section 13.1. TIC E V Me yaLtisovena 14 1 from any .1aim against Member for. In order to protect the property and assets of the Company obligations y such eb , each Member shall promptly pay all debts and perform all obligations ong by him o bher and shaall i deemn fy the Company from any claim related to any such debt or obligation. 14.2 Waiver of ailiga. No Member shall take any actionrequiring the Company or of any of its assets or properties or cause the sale of any partition ssets or pp�eisemeadf notwithstanding any provisions of applicable law to the contrary, properties,a and, l representative,successors,or assigns)hereby irrevocably waives any and all rights each Member (and his legal for partition or to otherwise compel any sale of his or her Membership Intrrest or anmaintain seas action f Company. 14.3 Covenant Not to Dissolve. Other than a dissolution caused by either the dissolution of a Member as described within Section 7.2.1 or a death of a Member,each Member hereby covenants and agrees that the Members have entered into this Agreement based on their mutual expectation that all Members will continue as Members until a dissolution occurs pursuant to either Section 7.1.1 or 7.1.2. Any breach of this covenant by any Member shall render that Member liable to the Company and other Members for any damages caused thereby. A4tTIC1tE XV Miscellaneous Provisions 15.1 Inurement;Entire Agreement. This Agreement shall be binding upon the parties hereto and their respective heirs,executors,administrators,successors,and assigns. The Members acknowledge that this Agreement constitutes the sole and entire agreement between them regarding the Company. The Members further acknowledge that other than as included herein,they neither have made nor received any oral or written representations, warranties, promises, guarantees, or representations regarding any Company business or investment nor any profits or losses related thereto. 15.2 Modification:Exception for Tax Implications. Except as provided herein,this Agreement may only be modified in a writing signed by all Members. The Managers, upon the recommendation of the Company's accountant,are vested with absolute authority to modify any provision herein as and to the Page 13 of 14 itl/i 4/Ltltl5 ley;4� �J fd;i523165 WOBJ PAGE 15f 15 extent necessary in order either to maximizenecessary unfavorableconsequences, any favorable tax consequences, or minimize any uences,stemming from the�ountin any such modification may not result in any economic barn)Sand tax reporting for the Com to any Member unless the Company Y n indemnifies and holds the Member harmless from any such harm. .except 15.3 rlliemaik4ticz. Managers,Members, employees, indemnified by the Company and shall be entitled to advance of expenses,and agents of the Company indey fees,in the emnified or prosecution of a claim1' Y shall be against him or her stemming from or lating to h s or her serving as a Manager,Member,employee,or agent of the Limited Liability Company Act, as amended from time to time.to the �No wmum ith ndinxtent g the in the Colorado the Company shall not be obligated to indemnify any Manager,Member.employee, drug agent of foregoing,egotng, the in any action by or on behalf of the Company and whereat theManager,Membero,employee, agent mp�y adjudicated liable to the Company or any Member for any reason. is 15.4 &31j,. . ,Any notice required or u permitted herein shall be in writing and shall be effective either upon personal delivery or pon the third day following deposit in the U.S. Mail, certified mail, return receipt requested,postage prepaid, addressed to the Member the records of Company.Every Membe atP is or her address as contained in address. Member must notify the Company,as provided herein,of any change of 15.5 .Q.Q___ Lmariks. The Operating Agreement may be signed in counterparts. Duplicate originals of this Operating Agreement separately signed by one or more Member shalltogether costitute a singular and binding agreement by and between all Members signing any such duplicate icate originals. MADE AND AGREED effective the day and year first recited above by the following Members: MEMBER: Kristen C, Bean Page 14 of 14 MAR-30-2006 THU 08:53 AM FAX NO. P, 01 I Report Mite:03130/2006 08;50AM WELD COUNTY TREASURER Page: 1 I STATEMENT OF TAXES DUE SCHEDULE NO: R1031102 ASSESSED TO: KCS LLC 26462 COUNTY RD 50 KRSEY, CO 80644 LEGAL DESCRIPTION: W2NE4 22-7-86 PARCEL: 070722000003 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 399.36 0.00 0.00 0.00 399.36 TOTAL TAXES 399.36 GRAND TOTAL DUE GOOD THROUGH 03/30/2006 399.36 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0919 Authority Mill Levy Amount Values Actual Assessed WELD COJNTY 17.900 111.87 AGRICULTtJR 21,566 6,250 SCHOOL DIST RE9 26.916 168.23 NOW WATER WATER 1.000 6.25 TOTAL 21,566 6,250 NWC WATER 0.000 0.00 AULT FIRE 8.025 50.16 AIMS JUNIOR COL 6.357 39.73 WELD LIBRARY 3.281 20.51 WEST GREELEY CONSERVATION 0.417 2.61 TAXES FOR 2005 63.896 399.36 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES DY THE UENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL.PROPERTY AND MOBILE HOMES-AUGUST 1, REAL.PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O.Box 458 Greeley, O 80632 (970)353 ext.3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Duq, issued by the Weld County Treasurer, are evidence of the status as of this date of all prolperty taxes; special assessments and prior tax liens attached to this(these) account(s). Current year's taxes are due but not delinquent. Sisd•r ) _ �� 9 Date: CIZ, MAR-30-2008 THU 08:53 AM FAX NO, P. 02 I Report Date: 03/30/2006 08:50AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1031002 ASSESSED TO: KOb LLc 26462 COUNTY RD 50 KERSEY, CO 80644 LEGAL DESCRIPTION: PT E2NE4122-7.66 LOT B REC EXEMPT RE-1575(1.35R) PARCEL:! 070722000002 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 364.20 0.00 0.00 0.00 364.20 TOTAL TAXES 364.20 GRAND TOTAL DUE GOOD THROUGH 03/30/2006 364.20 ORIGINAL;TAX BILLING FOR 2005 TAX DISTRICT 0919- Authority' Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 102.03 AGRICULTUR 19,651 5,700 SCHOOL FIST RE9 26.915 153.42 _ NOW WATER 1.000 5.70 TOTAL 19,651 5,700 NWC W TER 0.000 0.00 AULT FIR 8.025 45.74 AIMS JUN OR COL 6.357 36.23 WELD LIB RY 3.281 18.70 WEST GREELEY CONSERVATION 0.417 2.38 TAXES FOR 2005 63.896 364.20 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 58 Greeley, O 80632 (970)353- 845 ext.3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all prop rty taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. S' • Date: O.6 �^ Welcome rage 1 0I 1 to ti nrWeld Cott , Colorado cO Home li Services II Departments II About Weld II Property Information II Conta. Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information I Owner Name: Schlagel Donald E & Address: City: Weld County, CO Account Number: R1031102 Parcel Number: 070722000003 Legal Address: w2ne4 22-7-66 Value Information Actual Land Value $30,919.00 Assessed Land Value $8,970.00 Actual Improved Value $0.00 Assessed Improved Value $0.00 Actual Total Value $30,919.00 Assessed Total Value $8,970.00 Payment Information Total Tax Amount: $594.52 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($594.52) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 0919 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 66.277 Database Last Updated at: 02:48 AM on November 15, 2005 httnc./Axnxnu rn n,alA ,.,. ..,.L7..._..�..__..._i. .. . rage 1ot1 r L Welcome to W Con fek,r';, , Catara ct e k,,„-, Home II Services II Departments II About Weld II Property Information I Conte OUN , Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Schlegel Donald E & Address: City: Weld County, CO Account Number: R1031002 Parcel Number: 070722000002 Legal Address: pt e2ne4 22-7-66 lot b rec exempt re-1575 (1.35r) Value Information Actual Land Value $28,493.00 Assessed Land Value $8,260.00 Actual Improved Value $0.00 Assessed Improved Value $0.00 Actual Total Value $28,493.00 Assessed Total Value $8,260.00 Payment Information Total Tax Amount: $547.44 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($547.44) Current Balance: $0.00 IF any of the following fields are "YES"please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 0919 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 66.277 Database Last Updated at: 02:48 AM on November 15, 2005 httnc•//wwix,rn Ine.1,a ,.,. ....I4___.. . 4,l -REFERRAL LIST xx Li 3S5 Name: -,L, Case#: ee— County Towns& Cities Fire Districts _Attorney XAult X Ault F-1 K Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton Briggsdale F-24 Emergency Mgt Office- Ed Herring Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 Yc Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Galeton F-6 _Airport Authority _Firestone _Hudson F-7 Building Inspection _Fort Lupton Johnstown F-8 X Code Compliance S8.-Ann_N-Beth _Frederick _LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg Poudre Valley F-15 _Department of Health Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont _Wiggins F-18 _Oil &Gas Conservation Commission Mead _Windsor/Severance F-17 Milliken cot B Division of Wildlife New Raymer Legal 0.1575 Z1 — (.o _South Hwy 66 (Loveland) Northglenn Parcel ID# _North Hwy 66(Greeley) _Nunn Zone Acres? Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts _Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# Boulder Valley/Longmont _Windsor IGA? ORD it _Brighton/SE Weld MUD? Centennial Counties )c_Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-9 _USDA-APHIS Vet Service _Central Colo. Water Conservancy Dist _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport Art Elmquist(MUD Area) _Federal Communications Comm Commissioner 101) Weld County Referral 1111pe December 29, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald Schlagel Case Number RE-4335 Please Reply By January 26, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot B of RE-1575; Pt E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and 1 mile south Highway 14. For a more precise location, see legal. Parcel Number 0707 22 000002 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 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • Comments: , cl fJ . Ll= `LC(CC ' 4' ,?LC( e(44,/,1)1(16' �u /1/4/-1/ei�F te `l( (�/ �.//6/1....A /C. .1 t /(c7 • Signature - i I - 2 'Elr Agency i/e-/7!/< rift/Ai(/4/Le.{ Date ❖Weld County Planning Dept. ❖918 10th Street Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax ca- . 2 . 296 6 : 11"N Town. of Ault No . . 32 rtor;•., Weld County Referral WI I ID C. December 29, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review; Applicant Donald Schlegel Case Number RE-4335 • Please Reply By January 26, 2006 Planner Chris Gathman • Project Two Lot Recorded Exemption Legal Lot B of RE-1575; Pt E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and 1 mile south Highway 14 For a more precise location, see legal. Parcel Number 0707 22 000002 • 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 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments' Signature /i3�� • Agency Mu it a_ A_i Date • +Weld County Planning/Dept.+918 lath Street Greeley CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Referral W11Dc. D December 29, 2005 4 :r`o COLORADO The Weld County Department of Planning.Servieds.F4INA <0 Jfp lowing item for review: Applicant Donald Schlegel Case Number RE-4335 Please Reply By January 26, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot B of RE-1575; Pt E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and 1 mile south Highway 14. For a more precise location, see legal. Parcel Number 0707 22 000002 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 We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature /f eveitedi 1— 13- 440 Agency r �A� J. ra(r� i Date ❖Weld County Planning Dept. 4918 10'"Street Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Department • (it d GREELEY OFFICE �' MEMORANDUM JAN 17 2006 RECEIVED TO: Chris Gathman, Planning Services DATE: January 16, 2006 COLORADO 0 FROM: Donald Carroll, Engineering Administrator • SUBJECT: RE-4335, Donald Schlagel The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 33 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. Section Line Access: (right-of-way) (WCR 80) Section Line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Lot B. The access is shown as shared to the land-locked parcels. The applicant shall complete a Weld County Road Access Information Sheet. pc: RE-4335 M:\PLANNING-DEVELOPMENT REVIEWRE-Recorded Exemption\RE-4335.DOC Memorandum Weld County Planning Department TO: W.C. Planning, Chris Gathman GREELEY OFFICE 110€ DATE: January 16, 2006 JANE 1 7 2006 FROM: , EH Services, eborah Bla CEIVED COLORADO CASE: RE- 4335 APPLICANT: Donald Schlegel Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. II Highland Schools Weld Re-9 210 W. First Street P.O. Box 68 Ault, Colorado 80610 (970)834-1345 Educational Excellence March 10, 2006 Weld Through G°'nty Community Weld County Planning Dept. 670.78/0The Unification i Chris Gathman Mq IEOP&C epatt/hent 918 101h Street R III Greeley, CO 80631 Zoos RE# 4335 and 4336 To Whom It May Concern: Upon initial review of this recorded exemption the district determined an in-lieu b of fee of$3036 to be owed the land owner. After further discussions with Mr. �IIby Bean, land owner, the district has determined that the impact would only be for two lots created for residential use; therefore, the in-lieu of fee has been reduced to $1518.00. At this time, Mr. Bean has fulfilled the $1518.00 obligation to the Weld RE9 School District for recorded exemption's numbered 4335 and 4336. If you have further questions, I can be reached by phone at(970) 834-1345. Sincerely, Dennis Scheer Superintendent of Schools Weld RE9 School District Cc: Todd Bean III Highland Schools Weld Re-9 210 W First Street P 0 Box 68 Ault. Colorado 80610 (970)8347345 Educational Weld CB Excellence January 9, 2005 Only pla;)ni Through CREEL ng OePar Community Jq 1 OFF/pE tAlept Unification Donald Schlagel 1 2006 1131 Lindemeier Road ECE/ .Fort Collins CO 80524 Et) RE#4335 and 4336 v Dear Mr. Schlagel, Weld RE-9 School District with district offices located in Ault Colorado has adopted a methodology to determine an in-lieu payment for residential dwelling units sufficient to provide adequate educational opportunities for children who will be living in new residential developments. The school district methodology has been developed in a manner so as to fairly apportion the cost of acquiring school sites made necessary by residential development. The total in-lieu payment per parcel of land separated from the original unit with the intent of future residential development is $759. The plan for the property described in RE# 4335 and 4336 will result in four residential lots being created, two from each recorded exemption. Therefore, your in-lieu payment for each RE# is $1518 for a total of$3036. Payment should be hand delivered to the Weld RE-9 School District Administration Office, 210 West First Street, Ault, or mailed to Weld RE-9 School District, P.O. Box 68, Ault, Colorado 80610. Please include your Recorded Exemption (RE) number for reference. A receipt will be mailed to the party requesting the exemption. Please direct any questions to Dennis Scheer, Superintendent of Schools, 210 West First Street, Ault CO 80610, or by calling (970) 834-1345. Sincerely, e "" ' Dennis M. Scheer, Ed. D • Superintendent of Schools Weld RE-9 School District Cc: Sharyn Frazer Weld Countylanni g Departme Weld County Referral CDecember 29, 2005 ..IANI� 92Q06 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Donald Schlagel Case Number RE-4335 Please Reply By January 26, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot B of RE-1575; Pt E2NE4 of Section 22, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and 1 mile south Highway 14. For a more precise location, see legal. Parcel Number 0707 22 000002 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 ❑� We have reviewed the request and find no conflicts with our interests. j `P• See attached letter. Comments: Signature Agency �� (� L� Date +Weld County Planning Dept. +918 10'"Street Greeley, CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Applicant: Dor ald Schlagel Planner:Chris Gathman Case: RE-4335 r f , , , y 1Px e(- M' .3M h . n -eft': in 4.; �. fff .; ,f 1 ref.. 4 ^se t.- lla"4 �x y .T• -I 0'a g 0.4 0 0.4 0.8 Miles Viewl N / \ / Highways Streams Majroads IIIIDI Lakes \' / A/ Locroads IIIIII, Floodplain W ' '\ E Rail field boundary S ® ® R w E wf oE o) -,T) U 15.Ea c 2 al o it' a• < § c ? CO - - 2 � � % mc a o m c \ $ (DOW 7 § . * » 2 * _ ■ \ Co odi o k o / tea �2 k2 22w � - ■ � § red� p > oa n � •$ % 3 s- CC (I)Q � ■ 'C. -C 15 ca k Ti � m b in EEZ 2 a = 6 -• co E ' a 2 O 0 C) > 2 — r-- � . _. aR k � 0 r a, � 2 � Q) § co CI) U � . & r § k o Q � ■ g _ a 1)� 0 a2 > � � 2 — c 2 m -o D (I) # - C o� 2 CD to o • o / IP � t � > g$ .0 it . .c o 41) / ti ii 4 C c -O a > 2 R § $ 2 c ° c / / 7 _ E w b c (0 al ^ � c . cu E U) c 0 _c .- '- 2 o U CU o [ R c O _� _ m c .c . U 1 W o -C QE2a k2 4- Ce D U . � � � Q § R $ o o ■ CO co c - Z = w > 75 C § § a E C � °. E E § O © o ® Z 03 if) Li . Sa2 acE q c g2 � � � f : f0 cl_ co a as O < 0 c 0 . i- 2 0 li a Hi ,i i t; !i I r zt: d' rtI li 14 is i ! te , 1 ! ,` i� I), Icy "V.. 3d \ r.4 . I t 1 r , ? i y i f p ✓O s - i..IN:l4. rF ♦ - � '- - _ I}' hr. ' 4 4 I� . r Itk 1, 3 k I i. tj ' ''it4 i -ii N N4 i f Q 3 `y1 �. n ff 4 ), "r. (� is � j / - it s4 0 _,'L" x IE 1 rr s �y @[ ♦ -11- �' nom., A .�4. ' rF S S t , ' in.1 Sfe,4411>x t .4 :. Wi t`' �� u f ' a ra y f s _ Ir A 4₹;*m-.Y{W •es, i f'' LOA S� 1k�F !`�/JI �= .4f µa 4 I ` 2 �F,+�''ay't° , �} £ k r, I L. M ,� ib 4 (} `a 4'F t 4 II t i'i r#+ _,'vw�..'.....+ -..i;yo-ru .,_'_4,}i , , rx A' .- __ -- f r ,n, Sr r, Iii CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation 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 The W1/2NE1/4 of Section 22, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No, 779064 _ Book 1019 at Page 154 Reception No. 1274299 Book 1499 at Page 106 Reception No. 1627962 Book 706 Reception No. 1655425 Book 733 Reception No. 1660937 Book 739 Reception No. 1739633 Book 818 Reception No. 2315815 Book 1363 _Reception No. 3185854 Book n/a This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 9th day of November, 2005, at 7:00 am. Order No. LTTL0000623 Lawyer Title In an Corporation By Authorized Signature { '.t4i s�?t-tisle' ' lit? ?!.`.�a�rti�1'."Ii.r-.�3d"w•Ai112inG:Wm5k2,tP•ra.�tar::•:.,t•,w_.:..+,-.ar .•.e'Y.44,..`....:.,. ......'vn+....�v..v....wasw.,•,4 x..tix,.+:,,..”'s.,,,.•:e.�w..--,... ti F< •k+rrNJi'.+.�,q•, rm R,ys.j lix`uJ ay 'i"`{•'- r .-".,e',",..+ i'' s%•�ti.lEi w`r.•l�rii!u«� G7Y.4• :fill. f.;im 'iJ 1.i. C...-ilk ode a n:. �..... .�elr-�- .. ".. _..fl .I .,t--.`:fi�i...._.....•.._�.......»_............._ ilLlll :,.'t .ta.1z1. tt,'a �I g." ti ti C L.AL x c� �. FAOl R ISCIN;.temn t ' • ll 4. I rs pr•c�ptinn 1V o.. .�_ -...ice-1_...- - • ... .' - 1� ii l(a•IlI 'tilts DEED. Mode no, :.7Llt day of. Jiugilt:t t'. %1 F>a" it in.ttr•re.•- of nut. Lord no,:thnu,wtul nine}.:r.:beet earl tfdi'.`b—"1OY@C i :,, 1R� ,• -titi_..rtpi (( Di''iRh:ii Jfl't>'f' STOCK' LARD i3niti.•or .�','".kit betweene. •• 01. is e rerPoratietl duly organised mad cxlathtg u,-err and try r:i:'Lut+ ar the L-»r di ehi•.i�....r -or;•plf1-:larXL part,and Lucian F. !ratan sand :f.aSa?.7►. •iii.,14;. hi•, : re' i .. t' .r I ..lb.. County or 00.44 neld . -..-, and stet.,,ui rotor=tic. i . ' •` .1� .y.rs 11 rt7r; j of Ow second part: . I. �,� x • tti17NE 5ETIf. That the said party of the fiat part,•fur and In conaidcrrtimi.of•the tiara of . I� f -,�i ',Nd '1' Lb1J.ars anti other valuable ecnaideratir-zi'�• - - ---- '-: - ,-- ,:- - -'•roth. tt i ..l, "" -z; air , In It,r Mid party of the first part.in hand paid by the mid portion of the eauad.pert,the receipt whereof is hereby I y lffl t ranf.csad and acknowledged, has granted,•bargained,sold and convoyed and by thoao-piseents does grunt.bargain. I r.:1t.convey sad confirm unto the said parties of the second goer not in tenancy in common but is joint tcnaney. Fri 1f?a ' ! the survivor of them, theirasslgns and the heirs and isilgr.s di oath aordlier forever;-nil Warfellowing deed-Med 1" , � ` r nirES /= , Int or parcel of land,situate,lying anti being in'ine'County of , '' •Bold ...•. .apt 6Wx. '.,;:•1, �y y� ?JC,- or Colorado,to-wit: •_: ...I'•' ..: ;''',i' >,..,t:'.:,:•F:I. 1:-at:' ..-...,..ter` ..;','�_t a 4 1 t . t Wy�Li fS,- y' 1 enz•sr...i ..•.+ t,I'+1... i{e.:f'1. `�'•`t�l.'i dr.'.a..� inn 4ie is+u—'F.+wt.l9o1.;.,T•�..ty. :1?TF :! `-Y ahi-' eev'cn (7) North, Range. Sixty-xtx •(B$} meat:-of the ;Eth'P:1. ,'1,r-'.rb tiara ' i — N awl north of the Lorimer and gold Cene). conta.tnin, 220 acres more•or Sees and Jy ti's "ar . the rtrllt to titre the outlet ditch from the Hall's; leaorvoir, as heratoi`ore''con- .'�6' f 'Ivevcd br that curtain deed from Aaron J. Eaten.,'dated November 19, 1507:, and ::J<rr;:iy; i`k re_"riled in Bonk 280, 'pape.10, ihold County, Colorado, r '1.-_______ ' xd' t^r le t i '!t •_ e'ttr�r t: - TOGETHER with three (5) shares of the capi.1 :tack of The latter S..=,gr1; '1" A_ ,.7:t rr n.:torugc Comnon:'i ,t d,1 r •,i_ a1O i Subject to urpsid taxes, end subject to ell reservations, exceptions .a," '*°f F.--A ' :r,t ccnditii nti contained in conveyances now of record. and sub ect to ri ht of wa �� k'C for roads and ditches of record or located and 'established upon said land. I`• ei .Subject to a first oortg^�e in favor of the Federal Land Bank of Ylichit• , ¢ � _ -'�.r'- ,� • K-:n:as, recorded in Book 1016 , page ' 376 and subject to a second mortge. a in « r' t;"" ftt-d r or the Land Ban'..' Co'irtiusioner recorded in Book 1,,Q,��,_'a'e sa9� of the 3 Liwi records of Veld Ccunt,, Colorado. • ' �x � u s7f I!`i_r�.c71 t j ��t , .;•:.'".r.:,;V7 ..7....'111 ,,,..I3,. ...,..„,) 1� i of ; rafl,.� 7occther with all and singular the hcrediq>,nonts and appur teoances thereunto belonging,or-in rut vtatsa appertain-• • • ;• •;-• ��, hap, and the reversion and reversions,remainder and ri,u,nindrrs, rents, issues and profits theroot; and all the i - . estate,right, title, interest, claim and demand.nimtsoevcr, of the said party of the first part, either.in law or Y,,rt;r,..;- .•M equity,of,In and to the above b Ined remise,, with the hereditament! and a Y � P appurtenances; TQ�HAVI; 'ANA I •�tQr}=k•� . •'wi TO IIOLD the sai.l premises above bargained and described with the nppnrtrnanr"- onto , " ., ! • i4 - -- assn: ; Lucien-F. Eatc and ldabel'A. If ton, his wife'. ,. ' - ^� • a:y:.l}: 1 ( sere said:'-Tries of the second part, • . . sthe etirr:vor o them, their assigns and the heirs'rind anigna+of'such na-rivor t k a• Anti the said party of the Bret part,for itael arid'its successor! covenants Pal-agfswa to a ane]'iritl. the said Axr , . 'a .f parties of the second part,the survivor of them,their assigns and the heirs and assigns of ouch-survivor, :,he II r..•":�` II n1r^oe bargained premiere in the quiet mu!p'acenbie.possession of the said parties of the eccond part,the,striver • - ;grig Ii .Sti. ..4xyk �grls:.rd he haire _r-r .�l....,cr M::h ...••...,. . _..M• rII na ... , Visor r_r ge !get �.: ,,`; .fix: �C,,,t r•�suc.iar?spa,use claim the whole or any pert tin roof,b„through or under the said party of the first part.to 1. :e. •f'•yrr'1.2•Arli ,'$:.k REVEF,DEFEND, .F.‘...,..,` xcti_ tr t sit i • I, �►MuF.OF,The said party of he first part has caused its corporate.name to be hereunto sub- ., . yeti;.)4 ire! 'P*eeldnmc and its corporate seal tO.I.e hereunto nlfixed,attested by its Secretary,the day and year F.fj, �rn� • .`rr�-st .. 1![r,•3.-e-k,atPll'*4' ii F`' .. I-• Y AT of. .. B�:nit".i 3C-+,*,,tom, nnv r.uD r�ry.:: �v, 4,rtnrnc 1, ^1, ,, tip. t ,S .X�i... trap• . a vv.,, LAND I y��'. _" ,44,-.. .,, .. r.w,Y., t._3..r.: A j't 1-"r4�J •I A A'•n,...":'>,:'t..�f•- '`r• ....:;?: ... ---- ...:..- 1.11%'.'i _............_.........._._..-. ,�t .r..Y....... E,1 'i' 4.:,...-,1 .,....\.t..-d Oula ��J l J /9�. •.. *4y: r L',:'`t `~ s.. 'rea_den„ , ; ≥x.13+ t,:�- I! STATE OR t eLer.;,rQ. , : 'i apt t ;,T. uh tqp, City a coon of ritliDenve. ! 1-',-;" 'M' •_�qs. t;? !t •.'fl s J3 i �emL,foiessdng iratrument wee ccknnniedred belr.re Tile this 10th day of Novemtm^r • i! ii..,,, ,Aka s, , l757 .tT^,v4 s.:; t..,". L. okrda the Vice President and lE v 4 _..,< 4 �. r. (' . !'II.:y.%+. _ ffie L. Lit sow the 8aeretary of i d. !r',•,A ' (. ,.......s'.., a ^ • Denver Joint Stock, Lena Bank of Denier _ ( 161 -r•.,14;•.: Crt, Witness my hand and official goal , Lit _ ', �,, a•Ds.,e ibr,., 5, 1937: • • w �fr'•g:-.•i iN�c�~ft\! };': , \ Nntnn`•.b.l. -•. .fez, fit• e7G' ev7tLttt vial^.EG5:TT-pac'r"r!s•.�-' ;YSarhu_C'..✓:tan,i , ,. .•• -iir a.+:a.LrwNew.pm..F.•un-.r..anm..Y rnnaiambi.WA b.-at 1..•'o,.....,e...4. ' I..n•y .:.1..'�' n • rr• I i J y.. ,.'1 ,,, r_ `� t... .. • ' • f•.. "titre .. `.�'l.. * d'i'.. • I' �T' w t17t' ..... '� .+^+,.�*•aws+r...•....r _ .....rw+rwryge. a�r„-r-�kbi?tf,�' .j! c • • • •i. ..1,..;-,.. •. •.I: t C z°'.tl ,�. :. +�" .. �. ..� .. .w'.:,t^. .. g-,i::.-4rq+: .. • r. .... .;vc�.,: lal.:rta �'.tt�''..•'.:.r�' . • — T _J • '. 1 Fos.. ., MAR1S 195 STATE OE COLORADO '4eu.rued_- eC"--OiocL r! -1 DEPARTMENT or LAW o .0 1274299 _b„n,saon.�,or,..a. &C,1 :,y ret_9--� INHERITANCE TAX DIVISIONr. f +_ - PVr VASE OF INHERITANCE TAX LIEN • Estate of -- _ I:F FI = _= P.- - . - I= - ---'-- - Date of Death-..::c....I_ c:c _ Gross Estate • It appearing to the attorney general that it is not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter described real •e estate, in which the above named decedent had an interest,by virtue of the authority ' • vested in me under the provisions of Sea 13€461, CRS., 1953, I do hereby forever -' release and discharge the inheritance tax lien- against the following described real - ` estate, to-wit: ` - A- _ -- _ — - _ _ — p . .3 C - ., 3 CAP Elk = _Y- , • 2 7N •ii, TH 11 ,V_•l.1 , , �' LD I " i -u 1 . L A ETON '`- -"r ! , - CAPITAL STOCK :"67 77,E L =ID r.AL BITCH 'r .'IYr UT T=-'ri CY. 7:ITH - d3=L A AT N LA • • • • • Dated at Denver, Colorado, Dun W. DuxnAS, T�'r'•> Attorney General of L .jrado• ' __. 195__ Nsn. Tdsm, Assistant Attorney GetleraL - Note—This release must be recorded in the office of the clerk t d recorder of the ee•:rdy in which the property is situate. I • ton _I,:r ( / I.J f.�.l)to la • 1 kftuat Hit Aim Itu `.(tr3c Prctirttt;, That 1 . . H. :: .t .,t ColoradoI �. . j of the County of .1Jc, d and State of C J] for the consideration I i r of _othe va/mable col'• .Ilera,ion and TEN AND NO/10UktF. ' Dollars. II ' I in nand paid, hereby sell rd qu.. .aaint to... MABEL A, EATON I ' , f ............ ... .. ....... .. ..... 1 CR (‘•t of tn^County of Weld and State of Colorado the fc•Ilowine .I iit .7 '.I ct real property,situate in the County of Weld and State of Colorado, to-wit: I E ' ff 1 kt •�, The East Ifali 1E ? ) of Section Twenty-two (22), Township Seven (7) II ; I North, Range Sixty-six (66) West of the 6th P.M., lying above and Ii �;, I Q, North of The Lorimer and Weld Canal as now constructed, except tlIr L� right r of way as convoyed ed 1 y deed recorded in Book at page 510, lsu +,j t.. Weld County record:, together with three (3) shares of the Water F . r ;% 'T � Supply and Stu Company. This is a purchase money mortgage. X 11 .t Hereby intending '.:, ?•f:]case interest evidenced by contract of sale i1 "-' recorded December 31, 1973 under Reception No, .1.627538, Weld Count, 4. 1 , , i- r:.f Records. I w r,,,,; I ' �3xe :-.q. bE ,, µr j f• .e ! wt E ¢ fi `f • f i L ei *L°I with all its appurtenances I t° �.l Yi: W:i,d it "I Et Signed and delivered this day of January A.D. 19.2.q... i.iiiial. iamtvi In the Presence of ) J..aiiiiL hI If t tim$ _ _ c n S II r - --- — --"-- -- -- -- — — — — ==-- �I f It f i STATE OF COLORADO, I s T foregoing instrument was acknowledged before me this !I• o•s ! County of Weld. r b`}a:... - !I I , ` `, ' day of...........January . .::19 .7_( II t r John W_ Butcher by a 7l1BRd II I i Witness My Hand and Official Seal. ( j• �( yS Q1 I :n� 4 My Commission Expires. ........ `.:. .,.. . ,ei t1 - as { I -uw.tse tone II iiiiIIIK>. II ' 'Tula �I _ liV4J II Mailing Address for I i t y`• t I Future Tax Notices T ..','I —__ !. ___—_.____-_ I L- t. ;' I QUIT 1`FIOTOGNACXIC RECOf,O.-THE u. R.N..VCNEL CO DENVER.COLO. 200126 Ij 'euum-sTAtutonT rONM. FtT^ ll ..-1 II ;j !I ., al i'yo:� J ,�o4 1� r} Rcrnrdci "A o'clnrk� M MAR -5 '5 fLe l i! P3s.Y S. LEE SIiEHE� ! C F,0135,4' S4'•. 0.2 . Reception ..o 16.5.5425 --- 4 ia. --- „t ;hill-.. 1I�F; Recorder. 4 v t X91 ;). —=f y(. r tv, Tins DEED, Male iii, 5th day of March RECORDER'S STAMP ' '4214? i1. In 75 ,between �}tk +y � 9 },I F hA�i • .. ii I MADEL A. EATON, A single woman rn J( 6I:I n Stalo Doczmenl°ry Fesa , y+` aNq of tieMAR �5 1975 t ' 4 I'. n� ,, um county of Weld and State of Dcle._ ._ if r. ll i'`-0 n.t Colorado,of the first part,and $.--/-8..r..92-'-- QLi^rJ ° (�°� +" ��' 'g� +s''s n JAMES R. PAXTON and ALICE PAXTON ye, ‘2"0 i rICt •0 0 y ;1 of the County of Weld and State of Colorado,of the second part: �9,r ex IS= T~i WITNESSETH,that the said party of the first part,for and in consideration of the sum of F,;x,. 2.6] l7 d ( ro ITE g L^ Other valuable consideration and Ten and no/100 --- DOLLARS, ' �1'1f 'c 1 �'u { to the said party of the lint part in hand paid by the said parties of the second part,the receipt whereof is Zvi ' ,' ..Y!" + fv' Mr gi„'t o hereby confessed and acknowledged,ha 9 granted, bargained,sold and conveyed,and by these presents does o L > k' ;,, rant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not o ' �`'^ In tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and gt a being in theand State of Colorado,to wit: r I '.p.eu � County of Weld > , I The East half of Section Twenty—two (22), Township - u. �., `+�-�i4 ate. Seven (7) North, Range Sixty-six (66), West of the 6th i x', x r Rl+ P.M., lying above and North oi' �che Lorimer and Weld z `-� Canal, as now constructed.- EXCEPTING therefrom that portion conveyed to Weld County 1 bygi str instrument recorded June 15, 1953, in Book 1358 at In "a- Together with Three (3) shares o£ The Water Supply and T"i Iri. Storage Company, � '•- s' gump. and one (1) irrigation well, pumping .4,w, ,, plant and pump. - ap' r; ail 1.0":'7' 0": ,,t5 ( r }'! TOGETHER with all and singular the heraditameats and appurtenances ;- 1/4/‘-,,y- . r°i thereunto belonging, or in anywise (, appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof;and all th. LcesGG, right, title, interest, claim and demand whatsoever of the said pnril of The first part,either in law or r �ws equity,of,in and to the above bargained premises,with the hereditamenta and eqisv:otts Jell q��Yfrr�� TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said �'. ..fix q,Sl8B1 pparticn of the second part,their heirs and assigns forever.And the said pat$ of the first part,for her d'i71 et v+= f herheirs,executors,and administrators does covenant,grant,bargain and agree to and with the �(v-C,ly; r]' said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these pros- 7b ' Ni c( s, ants she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible t i' IpF estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant, bar- t r+r '.r Y gain,Bell and convey the same in manner and form aforesaid,and that the same are free and clear from all former FrITL'ESl'4' 3; and other grants,bargains, sales,liens,taxes, assessments and encumbrances of whatever kind or nature nurser. +` ��61 M( Subject to the lien o£ a mortgage to the Federal Land Bank of Wichita in the yAt ''j' sum of $85,500.00, executed or to be executed by the grantees named herein; als �+ �` + su @@st__ oddeaseTR@Ilts,,ii.. _r_i_ghts q 'lair, rreeservat' relnr b ctions o£ record or s anPd Y grge4ted li4�mig iliftli66 quit d pe sea d pgesxssion ortbe ski k ra+.— skid-parties of the second pert, their F ,„'. heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof, , al9 _I E > A� the said party of the first part shall and will WARRANT AND FOREVER DEFEND, r a e IN WITNESS WHEREOF the said party of the first part has hereunto set her hand and [ - X'i i seal the day and year first above written, { Signed,Sealed and Delivered in the Presence of .2,144 ft jTZ i� AL), • .k . doe a�l)R -.l1 , I lV, 3r ii • , [SEAL] • en ':,yti} f•i'9(7 t;. ry dd p STATE.OF COLORADO, [SEAL] ��i' rl J 3 UR County of Weld se. i tt �y,r `{ i o '�'�Tfi^r^regoinglpetrament was acknowledged before me this 5th da of March `h i'�` c s� JS\r�i'pifYM .4,1 A. Eaton , a single woman y i ez . �Vkr-'" ='sue/l t�. °C .'My 6�� ef'oirca _beat,- /3 ,19 ZS:Witness my hand and official:aai. ,i°k 1L.1 " S, r4�" rs m'a€ 'pr.� . I re.o co Z kai T. II yC lten� intl. s it - da • If 1r7'`,.,.,I Nn 921. WARnARTr nRRp—Te Joint Tmenb_R,m'ferd PnbiM1:m 0, VIII If C.." n .-_-,. .., a. +;' _ 1 I ffs f.� bar algrS v7 ma it rh Sir i enL i , TH-av 12, Y 1nN Y1e L'i-:1 1!N@. Y a . j'- -ave.-. t'4' ' N II1975 zt > COOK I I ci ,',1 h u... al., MM 2 1 q 1977 S l... i CV I Jtj9 If III u H 1,4m011n1 � C E11 ' 11 t 1 'Nj�.1 / RECORDER'S a l'A Mr I I t olc THIS Darn, Made this ell - day or May 1 Ir. a. I} ^ 1075 .bet.cea t N.. pairs f IL,I t S' 1 # x � JAMES R. PAX'TON end ALICE 1'AXTON It t� 'Xht1%5 d a �ipsfi , .-- Husband and Wife - I (rI t ^ ( '� -c. Stole Documeninr'y Foe 1.1 f y- f ft d r I taw y I r„'- of the County of Weld and State of Date'!! 211975—.a. O ( 12 t ylf y ! I' I CT Colorado,of the(first port,and �, /i_� Jr-� J 0 1 y u, JACOB R. HASBROUCK and AUDREY J. HASBROUCK in jt. ten. 4' " �'^,u- -t-lK 14* it .,6; (an undivided one-half interest) a I y t 'T ' ^ � JAY C, HASBROUCK and 70 EI.T.FN HASBROUCK in jt, ten.(an undivided one- a in ere:t) rr ' '77-i% of the1.�,� �4 y County of end State of Colorado,of the eerond part: iy F_ > tI WITNESSETII,that tho said part ieS of the first part,for and In consideration of the sum of 6 g 'd r „ �, ".J Tt Other valuable consideration and Ten and no/100 ----- —DOLLARS, r-t ! ;.r> !!an a- �- -1 Qty I ? t i --1 to tie,said parties of the first port in hand paid by the said parties of the second part,the receipt whereof le vl (`, ' ' ( r> hereby confessed and acknowledged,have granted,bargained,sold and convoyed,and by these presents de Lt k .i1y '° grant,bargain,:cll,convey and confirm unto the said parties of the eerond part,their heirs and assigns forever,not ° P gg Y ?y;,J h,tenancy in common but in,lnint tenancy,Ali the following described lot nr parcel of lend,situate,lying and t being In tip,`, .1 tin. county of Weld and State of Colon io,to wit: In F., „. i, `;' The East half of Section 22, Township North, Range 66 West I N s® t of the 6th P.M.; lying above and North of of the Larimer and Weld p ° Canal, as now constructed. EXCEPTING therefrom that portion con— ;II.W.S.. veyed to Weld County by instrument recorded June 15, 1953, ing7.,-.---__.,,,:,- `t, ✓y) Book 1356 at Page 510. 421e4.4ArFnll®p® M le l fig I F a k - :- sa ysF = 'a°®`arsneaci TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise IIl' "dam P' appertaining,the reversion and reversions, remainder and remainders,rents,issues and profits thereof;end ail the i J y ; estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part,either in law or trs J ,� equity,of,In and to the pinup bargained Premises,with tie hereditament,and appurtenance. aP +l. _ TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto tho maid y' LS- parties of the second part,their heirs and amens forever.And the said part ies of the first part,for them " h salves theirheira,executors,and administrators do covenant,grant,bargain and agree to and with the r said ar ios of the secondpart,their heirs and assigns, pj. c - �_ P that et the time of the ensealing and delivery of these rap- t t eats they are well Reined of the premises above conveyed, as of good, sure, perfect, aleph:to and indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority to grant,bar- xr+}t ' gain,Bell end convey the mono 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 encumbrances of whatever kind or nature never. ",k}(fit r.1 Easements, rights o£ way, reservations, restrictions of record or p 7 I established on the premises; 1975 taxes, payable in 1976. et _ yj - _ and the above bargained premises in the quiet and 'en ofsaid '- .- ulm parties of the second part,their , heirs and assigns,against all and every 1 person or persona lawfully claiming or to claim the whole or any part thereof, vv' o- i- "^' the said peries of the first part shall and will WARRANT AND FOREVER DEFEND. eh.wr +' 1_•. µ IN •WITNESS WHEREOF the maid parties of the first Dart have hereunto settheirhands and 1 ] e : .` s seab the day and year first above written. I Tk'' II Signed,Sealed and Delivered in the Presence of -„EJr..C202-r'Of...L.l...... /_. L�t..�,(SEAL] d� J ,. I JF7ines R. Paxton s= ,ttiF,,,. / C& y ---• 1 Alice Paxton ',,e b,. 1i _ e ' 'T"""om,r u 7 ._ ' b I 1 [SEAL] STATE OF COLORADO. 3 Fit soa3as �a rvasws County of Weld I't'A ,,,. .te", IG-,1 - r- --t° .Fell, Ct The fOreoPp Instrument was acknowledged before me this G7`- day of May .. d L, II S�,.§,I y lm'''� hy' 'Jades'R. Paxton and Alice Paxton KI:y a ,1Aa}' x, V 4£1 13 1 a' My corn mi sior expires v-,4. - , 19 .Witneee my hand and official seal R p t h4t• ;it mins LftwthErdig a "-t t- o Y �i e. .11 wvl� ` -s Y ---,Pistil,. -- Z l„t N K-. ail' ,.ry Ne.921.WARRANTY OEEII—To Joint Tend:h. undrapl Tubli.I,irr Co.La21IG Stoat Street.Denser,relondm 2-74 farms (1-c ':f by natural Doreen or^c-eonn here Invert name and ounce:IL by ti Tina h prenentatire or of'Hal capacity nr ea l'Le- c lA .. er._ allorney-I,-Inch then Insert an f Demon as 'areutr:, atom or new cain,I Lv or duet Jr Iii officer or to, rfff - p la`t',Lion 1 en Insert Valle of,,th of first r;Officers ne the president nr o,hrl net er.or ole,,caTnration Paining IL-Metatarsi Sr. 'J rygttgg . . ,nrIra:i ,, •N.C.110-5-1 Cnlnraln P.entrei plaid Ses 1"5,. —Ury _ P • r p� J� ") LIEU 23 1977 1 1 i u gOOK Recorded nt- / o'clock M., u O qtr MARY ANN FEUERSTEIN '� N 818 Reception Na 173,1 sja3 Recorder. VI yen FT(j y, 1 I' Tars DEED, Made thin 23rd day of December , 19 77 I j ' bebvoen JACOB It, I IAUBItOUCK nod /M UT J. IIAUHIIOUCK, ti f4 F I Husband and Wife; and 1,. „ I JAY C. HASBROUCK and JO ELLEN HASBROUCK, Sidle Documentary Fee S E' 1 Husband and Wife, DEC 2 3 1977 I I " .ttfl I County of Weld end State of Colorado of the first part, and e $- �"�"'J'�— ° 1" %O FRB) V. UIBBS and JOHN D. PEARSON,Colorado, �� .. P ENTERPRISES tll o any County of Weld and State of I a(M -"..-_Jr— . Colorado,of the second part: whose address is: 1711 Al Street ° I d 6 I t r o I Greeley, CO 80631 I WITNESSEPH,That the said parties of the first part,for and in consideration of the sum of II e y I OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/100 DOLLARS II ui tr 1,-,.j N I• to the said part ies of the first part in hand paid by said patties of the second part,the receipt whereof is I N _ - '1 .+ I hereby confessed and acknowledged, haveconveyed,g granted, bargained,sold and and by these presents do I'' rf [ r.. C' ' grant,bargain,sell, convey and confirm, unto the said parties of the second part,theithcirs and assigns for- II 0 c"1 ^. I ever,all the following described lot or oared of land,situate,lying and being in the Ii ° i- _ ` M I County of Weld and State of Colorado, to wit: s5 1 fib' if v- I,' The East Half (Elf) of Section 22, Township 7 North, Range 66 West of the 6th I( ti, ,. t,t q P.N., lying above and North of The Larimer and Weld Canal, as now constructed. D;,, ' ty " '. ` to EXCEPTING therefrom that portion conveyed to Weld County by instrument recorded I' ^r ' 'j1 I June 15, 1953 in Book 1358 at Page 510, Weld County Records. I r_r 1;+ ceLja B I I' Together with any and all surface and/or underground water rights and ditch car- II i�' '5 .. 7 rying rights appurtenant thereto including 3 shares of y the capital stock of The II Id' tM1 r,,i,. i, Water Supply and Storage Company and 1 irrigation well under Permit No. 8668-R •I - •r as registered thereon with the State Engineer of the State of Colorado. 3 WI acr4 I- Grantors reserve an undivided one-half (y) interest in and to ail the oil, gas, I I!n. 3ka> coal and mineral rights in, on and under the above described`I 9 premises, they now 17.',I > own, being an undivided one-fourth (tr)- interest by Jacob R. Hasbrouck and Audrey naS K.1 ' ' J. Hasbrouck, as joint tenants, and an undivided one-fourth (L) interest by Jay y 1 J' II C. Hasbrouck and.Jo Ellen Hasbrouck, as joint tenants, together with the right i' IY'�, , - tr I' of ingress and egress for the exploration, discovery and removal of same/ II 4+sr SE ,I 1 TOGETHER with all and singular the hereditament' and appurtenances thereto belonging, or in anywise i II. appertaining, and the reversion and reversions, remainder and remainders,rents,issues and profits thereof,and all !"I P .x [is the estate,right,title,interest,claim and demand Whatsoever of the said part ies of the first part,either in law I I i 5i . I •! or equity, of,in and to the above bargained premises,with tlld hereditaments and appurtenances. i y' ,_ - • TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the t'1 l said parties of the second part,their heirs and { assigns forever. And the said parties of the first part, II . for them settles, &heirs, executors,and administrators,do bovenmd,grant,heroin,end erne to and I tZ fk " I o il '� I with the said parties of the second part,theirhairs and assigns,that at the time of the eueealing and delivery I i«itbC '1 of these presents, they are well seized of the premises above conveyed,as of good,sure,perfect,absolute and I . I al indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority 11 r' ` r�' g to grant,bargain,sell and convey the same in manner and farm no aforesaid,and that the same are free and clear I si3 3 from all former and other grants,bargains,sides,liens,taxes,assessments and encumbrances of whatever kind or I 'rt i1 nature sower. EXCEPT 1977 taxes due and payable in 1978; SUBJECT TO restrictive 1; l3 ' illnlat:1 covenants, easements and rights of way of record, and oil, gas and mineral. re- il :1 servations and conveyances of record, if any, and subject to existing roads and 0 i y public highways, established easements and burdens of existing fire protection Ii �4v - districts, soil conservation district. and any other improvement districts, II I I 3 + __ and the above bargained premises in the quiet and peaceable possession of the said part ice of the second part, 'I nr II > I their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole yyw..: _ al or any part thereof,the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. II — ! IN WITNESS WHEREOF,the said part ies of the first part have hereunto set theirhand s II and ands the day and year first above mitten. 3 I �c_/.'r7,-ce d -c IJ -. .,aeon R. Hasstbuc) husl?and -- - (SEAL) Ii yt ra I S` /C,G,%SJ ,' 1 i f_t•!•-1 r r •i (SEAL) t'LtiJ+4 •I J • udrey � abErouclt�,wi fd- Ii `t'31ys 1 C` amut-C 4M-- l i`p — STATE OF COLORADO, , aC ;Hasbrouck/husband (SEAL) i. IT A ss.l c L / .., C--"n ! 1 (r X' (SEAL) I '• BCR County of Weld Jo Ellen Hasbrouck wite t v A1 l Thee Aer gaing f trument was ecimawledged before me this 23rd day of December { - f�Jf7- by I A C ¢`RflASBROUCKCandnd JOAUDREY J.EL ELLEN FIASBROUCK. andhusband. nd and wife. and ,I I13'*M•'„;Ati 11f ata➢Nasall LTr' i o kb r'f,Ptre_ �'Gr`(-2_` 15 .IJ g I .Witnrss mY bond and official seal. I, 11 p pI)r • .I n- nUBL\.. .O _ ..� 6:r1..�a � rl�L.c....�J.[4 II . Notaw�Nblle. I ➢ . No.era AasANTr imam—rot rW hl !Mart—➢norgy robllahlag Ca..1524.40,4r steal Renal.Dam.c.I J. 1 Z M J 'syal tr u__, y r,,,G ,r_ -,l -,. 1,I;;. .c.. ' ,'+,w; •� ,e { ti: D 1164 REC 0210815_3 07/24/97 ose°�aaittat ettsa vxl `" 0 ' l.R` ,i 'W, ':3B y6.00 1/032 ,° o .,l ti` St`f `fit P F "12° . .. F 1185 .MARY ANN FEUERSTEIN CLL.. & RECORDER WELD CO, Co ^` f 19t H': IREcORDE� EXEMPTION r41" ","c r' 0707-22-I- RE 1035 �, �t lIMIIMISMIallIOPPIMINIIIMINSSAMIIP r r4 I ARd10815J a31: y' .1't. i�fJV c Ora , f"t 1 7 !'I ° �' — — I l -k,; volt;n kd I l r � xa N.E COR. nv �,y,.� 22-7-66 Ih e 4 -44-4.11 S 4 C - rh tt 6{4 �iO • . r 11 ' U I I,r ,' Ia�7 LOT "B+r �--. 75.28± A(:. } �,t`€ fP I ' Sis ,I frif 4(1 a + � i list N.27°04'2714.. I 4,• nib , T ,tlig rq 233.01 •`� i ij tto2,'? /105 clis , i a e ' 4fi ' +a E r s��I R.= 1349.80' i klf i g�a.io Jaw,ea 6.52°57.20"W.\ h; S-t^Ct,.-rrk,. CH.=963.66' S.89°24'4I'lW. I Lfyn, ','^'.+'�t'Y' ARC=985_i9 101.71 I ui + 1 dn- 5 '+mat SCALE: I°=200' =41°4939° p I _i rr Ii ,{ }o44 W-FOUND PIN oua l . ,� r ,� �°' s-SET PIN LOT "A" I p, i�.r. r� 0 6.42$ AC. 1 sM _4 1, �q. + , o h fj S,00°35'14'E. 31.08' / �` 1 rF114 e N.69"24'41"E. 978.65' ,,4,{1 h ff "+g 9k I 114 r li +1:. i t11, ,� ls5s I E.I/4 COR. �kaSillti h' st 22-7-66 l �t l'.'r rCP 4, ,, (T.P.O.B.) ,L7ti>xk,yt T.7 N.- R.66W. f '�'i`zl;e;�r€I 16 15 14 I {' Iirn� `t ,�, Y'�d „ W.C.R.80 "As = r �3 `+ fir,:? I LOT 6.42 t ACRES { k "' IT) ILof"e" M LOT "B°= 75.28 t ACRES -1,7..v.--.11„...÷1x3 > � +n � TOTAL = 81.7 t ACRES r' t3 Ai *(,. I lof A' .?'1 z'y,�4 stiy 1 3 x ,1-41,4?-$44H: __ OWNERS: ' i 1.'i ' r v�;r'�r3-¢ 1 l „ z1 2' FRED 0. GIBBS I"�r ,, 1 ., , `f 23 JOHN D. PEARSON � � s.Y, t ,F • I •..o:ra 1001 "0" St ' ", GREELEY, CO 806317-1 "'+`��`% / . e '' ', W.C.R.78 • _ 11,-.O1.4t11,4/1-4e i T $ ( .id. r,..‘41,4-`44e'• iiYi.[ 'Re, 28 ' 27 26 t4,4144.4-,144.-0--,c.441 'S Of Mir-.10;trikirerh VICINITY MAP a � , r ,6< �, r 2I g1� 'c- tfi5?7,.; SCALE: 1��= 20001 I "�T:,),41.',,-.1:x a PROJECT: 1987-134 FREESE ENGINEERING JULY, 1987 1 �' F 1 :5 , 4 SHEET I OF 2 ILL riC `t''� " ! f ri i, y' I «.nBrM tot ��,,3trial w.,m i t Ir-a.9 I i . r A v,“, J N IlJCNii t: �,, Iri'� ,t � ®a 1164 REC 02108153 07/24/97 G9:38 v6.00 2/U02 i` fit' vre e It1 t iva '6 MARY ANN FEUERSTEIN CLERK 5 RECOn UER WELD CO, CO ,7:::::. dNj4 ' 'I DECOR®E11 EXEMPTION 0707--22-F- RE 1035 � . am' . '� r • $'R:$i z>r'l Aj1 �s...e�.�� A'6 u ._ r 29 8 4,,,,,,,,,„±#,k0,,,,, 1'.. LEGAL DESCRIPTION G"'�'=.'r'{'�O�/j� i: # /y 7 ow3/8%' u, 4 '; (: .v ,.)„ The East Halt of the Northeast Quarter (E}NE}) of Section 22, Township 7 North, `f'la '^, r 5VS 1rp' Lange 66 [lest of the 6th Principal Meridian, Weld County, Colorado- LEGAL DESCRIPTIONr LOT "A'' Vets** ]li 6,1 9,5•.•;t ri A parcel of land located in the Southeas All O �,0 ` Quarter of the Northeast ( `r" 45rk v* '�` .Jt'.i) of Section 22, Quarter SGi ,1 ilefitit $j p, ' Township 7 North, Range 66 West of the 6th Principal Merid- ian,•flr,r¢T ion, Weld County, Colorado, being more �W. 3,3'{ i • f i 1particularly described as follows: Com- mencing �n y ,sir₹ 4 F at the East Quarter Corner (El Cor) of Section 22, said point being the r ri4 0 ' uI+1; r, TRUE POINT OF BEGINNING, and considering the East line of said Section 22 as tE ° '+r'- a`ffe��,y bearing North 00°00'00" East, with all other bearings contained herein relative v `„(,r g " ifrt thereto; Thence North 00°00'00" East along said East section line, 395.15 feet; e' } 1 ff I.Ii88,, °Ct` Thence South 89°24'41" West, 101.71 feet; Thence North 27°04'27" West, 233.01 [ h t k` l`r feet; Thence along the arc of a curve to the right, whose radius is 1349.80 feet rl le Y f'" rev :.tee end whose long chord bears South 52°57'20" West, 963.66 feet; Thence South -ti i Ne r' r sft,'rn' uU°35'19" East, 31.08 feet to a point on the South line of the Northeast Quarter , s �rW* p 1H3i2Y Iy4 (NEf) of said Section 22; Thence North 89°24'41" East, along the South line of i' '•*= 'I! stud till, 976.65 feet to the TRUE POINT OF BEGINNING. s •ri -j:;" w 'tie'`t., Said described parcel contains 6.42 acres, more or less, and is subject to any 'CI:J. V;aas. rights-of-way or other easements tie recorded by instruments of record or as now ' ' "� existing on said described parcel of land. i fi , ,.,, ;+, 4..1 h h + ' SURVEYORS CERTIFICATE. "'"'fRt 5 tti4( s yet I hereby certify that i have prepared this legal description. `r,Q)``' ,ra• ` � rt ! s +4E r. � : 11.�C}L J-...4,4,k-1:.-;.:1 o f , r 4744 ll ' Pros',.; Co •ra o P,E, & L.S. 4392 'c ` " 1i4 4rlefrz` .?. ri)z f rrr ai,d.(,,F "• PROPERTY OWNERS' APPROVAL ' —" i' RkAP- i it. 17e, Fred O. Gibbs and John D. Pearson, being the sole owners in fee of the ,if trrz A ' y`y: .,:,�t,,, ,a, above described property do hereby subdivide the same as shown on the attached ! 7 + ,„ii�I+kak' tots • Pre o l 1, earson� S F k V! {d •�� zr't lj!t � i� �t�. t �, �. 1c,c foregoing certification was acknowledged afore me this r ' 4.�Faday of r�ir!FFb ri34 r t'a i 1987, by Fred O. Gibbs and John D. Pearson. Witness my h and seal. [ 7 JI -Ira 4: I. t ''> 4,�d#' , s - f 1 n My Commission expires: e7 I,0/ o:' i Y � l yi Pr tea !i - .. - - I _ PLANNING SERVICES APPROVAL s 'x'i All" iiri pitit 'is accepter' and approved for filing. CP °�nwf t' P +tja'gl: eg .x.r vw 1v r' a1 Director, Dept. o Planning 'roc- r .� irn1,. S.�,iT" �{kte y 115 e 'Ii foregoing cc Ubcation was acknowledged ,><U `-,P1 r, before me this ,.y of C��.1.. j1 �,6- * w 3 -✓,..;r{. ° 1947. Witness my limo and seal. p'e�"�'� w ; ar • r d9 yr h tiVIII.4�; ' My C°mmission eider,— -n C• • S rf ' O\U.. 4 A �at`n• v;i4V'Stger 31 /M VI PI(� a , . i.vr1�.y ki n p fa" P641 r .' r fr. rt u a , r $ __en 15,fy tq �eyr s t9 L `ir'r @ s5 f ',..4,1:: ::':::11 I, ' hit " I i4 1 I PROJECT: 1987-134 FREESE ENGINEERING JULY, 19e7 'E " $' = y iy u d SHEET 2 OF 2 ,f'" rt t rnio r ".f.,' <%' dif`5i1itieti ,7�S'?i.". A'Vi89?AWR,.r±uawirsctffia nz ,�,m, ` r.:7-44•U.' AEa?3161 55 _ - 2149 MARY- 1363 REC AANN SPEDERSTEIN/CLERK 92 64 RECORDER•WELD CO/. CO ytr) TIMMY"Ram' Tlni DEED b a temayalNn St.wr aapsfr da 1bw biim iniguang err insprovalthihth and our.W wtanana,p,a ( a aaly(le names below n GRANTEEt1•Pamatblpbl.aonrramay(MelwnWbNo.asfiRANTORbarIM.l0udfa) The eG GRANTOR Merinen en,airoyrloonveyissi mosey urGRANTEE end me GRANTOR marts me NM to err property. rl9NaoNaayagel Of t cor0(a)ally cetera raawalaaadeere l Sad.ternhich YrGRANTEETIap4R1alylo of ROM sad arty ptaad(aecovenants endrMAdlola shown of Mediae AaMOOblaW4q madaARTI m oar•Ab.naaCON(5) Eaallons'. woerd,aal0(6)any WdbbntlMalaneln.nbb.onder•AddNb(Wyyaaamy The Spa Tams of This Dad An: Glaaa' ((oh.reams so.SOS,of a0who) ' Last d Do rare b .r as aet eixa Pi 106109 In Ibis Owl Simons eane..W VS Mray FRED 0. GIBBS AND JOHN D. PEARSON 0/B/A G 6 P ENTERPRISES 1001 "0" Street Greeley, CO 80631 Gusset IOM n.e.lal Pro aadna$*.a...4 al moon.Ind udnr rasa reed or NMI numb..S merest) KATHERINE A. SIDWELL 37495 Weld County Road 27 Eaton, CO 80615 Pain Of C.a'Dallaaydp: (It Ust a'.Soot awe realm nine.May will be eanklealb t* a1.wSleaa("wI cadremadame,'M POI sweaty Or wore of me us raana a added In dm as mb*J Properly Oaaalpnam pndaee minty end nen See Exhibit "A" attached hereto and incorporated herein by reference. STATE DOCUMENTARY FEE Date 41/23/12- 1* Pnpa►yMa.ac vacant Land Comldaauole (Tlr awn.aaa.daw.namr aaou.w:eldaa.mnpawa forma Sol eel es aaaem.11anOWamry.a.i aaaMed a a irk in ally PS Oa mMy.K.M Kahl.Ott NW aneitlNanej One Hundred Eighty Five Thousand ($185,000.00) and No/100 Dollars nammasons-noistucuonal a the GRANTOR Mina le MOMS,Waal Mae Marty etMmrMalaaanaaeadMOMNTOR aaany.Poke leas+.Wkaba.l SEE EXHIBIT "A" FOR MINERAL RESERVATIONS. SEE EXHIBIT "8" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE "g CONTAINING COVENANTS CONCERNING MINERALS. e. Addlusus Wonted Fallow lI duee awl aMrr sop assumed wan.men na.Dear teat, m F. 2 6000050,,v000.4... December C'3 .m 92 aaa /J n.e.clea.b Caaaapah..tionle a.NOdr . "Add aabm. -.p 4. Nf P Mmaaoealr. Capoealon.r..,...N.a AnOaah, I� Fred 0. Gibbs d/b/a/a dram err 6 b P Enterprises Br Ito" ow. nit n D. Pearson, d/b/a o •'"'';: Z''a•%; G & P Ente rises by F ro e red 0. Gibbs a+'1.. . 1 a Attorney in Fact a 11.t.; uy"►!l isocaaray:rer'°glee E^E "ten73 ere.a December .n92 •' •. .^ .-ar /• a.a Fr EntErpT1Sesand Fred l in Fact STAitQrl'''''',d. ) Wary Pale n//_ couMtY.OF...: ) a. Ti.Wepang a.alrnro.m a tc.Mdoad man es this - en of .» se (•awe I.wrWWaara.a)wnawa MC.W.. ... aaMa"aaMaWaa."rr"aanvWrrrawMrawaartlw".Uaueryor aaa".m.aaeiw Of COMOMVOI INS arwm Cl a W w Me:a s aaiaiad m...W of comodohkal— awes my nod end SAO MIS ey anu.rnn amaa: us,Nana •'Na inn taaa Molt aa.»e PL as lie_01•011.001 O,Ilan (^...0n. EXHIBIT A The Northeast Quarter (NE}) of Section 22, Township 7 North, Range 66 West of the 6th P.M., EXCEPTING THEREFROM Lot "A" of Recorded Exemption No. 0707-22-1-RE1035 according to the map thereof recorded July 24, 1987 in Book 1164 at Reception No. 108 County 2108153; and FHER EXCEPTING therefrom that portion conveyed to y by instrument recorded June 15, 1953 in Book 1358 at Page 510, County of Weld, State of Colorado. Together with two (2) adjudicated irrigation, domestic and livestock wells in case No. 81-CW-068 in the District Court in and for Water Division No. 1, State of Colorado (Eaton Well No. 1-8668 and well permit no. 118051. h 318 feet of Cache Together Poudre Water Users eAssociation�of Weld County,entation akat n"Poua e Plan." Together with irrigation pumps, 2 submersible pumps (one 30 H.P. and one 20 H.P.) , electric motors and electrical control panels, one converted Perfect Circle electric center pivot sprinkler irrigation'system (10 tower) , and all updated aluminum pipes and drops, pipelines, valves, and all other irrigation fixtures, equipment and accessories of whatever type or nature located upon the property or used in connection with irrigation of the property (Perfect Circle-International Irrigation Company electric center pivot serial no. 1-1-1-23 with zimatic electric conversion serial no. 5726) . Reserving unto Grantors all oil, gas and other minerals now owned by Grantors. 15 idled MUAExhibit.W03851991es" 02315815 12/23/92 F 2150 NARY ANN PEUERSTEINCLERK & RECORDER.WELD CO,0Co • B 1363 REC 02315815 12/23/92 16:18 $20.00 3/004 P 2151 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBITS covnaurs CONCERNING NiNERAL8 Grantors, in consideration of the oil and gas reservation by them contained in the deed herein, individually and jointly warrant, represent, covenant and agree that any oil and gas lease that Grantors or their assigns, heirs or personal representatives enter into shall contain the following provisions: 1. The surface owner will be paid a minimum of $5,000 per drill site prior to any drilling. 2. If drilling results in the completion of a well, the surface owner shall be paid $1,000 per year per well site as an annual surface usage fee, with the first payment due upon completion of each well. This annual payment shall continue until the well is plugged and the surface restored to its original condition as provided in paragraph 7. 3. The drill site shall not exceed 2k acres unless surface owner consents in writing to a larger area. The term "drill site" shall include the actual place where the well is drilled and all accessory uses. Accessory uses include, but are not limited to, roads, tank site, storage site, sludge pit, and all other uses connected with the site preparation, drilling, production, storage, pipelines, utilities and other processing activity. 4. Pipelines shall be located along the access roads to the actual well site and storage site. The location of pipelines at any other location or locations shall be created only after the surface owner grants a written pipeline easement and upon payment to surface owner of the then normal going rates. 5. In addition to payment of the $5,000 minimum per drill site and the $1,000 annual usage fee per completed well, the surface owner will be compensated for all crop damage and all other general and special damages caused the surface owner. The payment of the 85,000 per drill site as provided in paragraph 1 and the payment of $1,000 per year per well as provided in paragraph 2, covers only ordinary damage and not extraordinary damage, such as but not limited to environmental damage. In the event of environmental damage or other extraordinary damage, the surface owner will also be fully compensated for such damage. 6. This is a covenant running with the land. 7. When any well is plugged or abandoned, the surface shall be restored to its original good condition suitable for agricultural purposes. 8. In the event of any mineral exploration, testing or -1- "ia 1 / . a/bk A4 P&S9 Co 9 ' . production other than oil or gas, the surface owner will be compensated for all general and special damages caused to the property of whatever kind or nature. . . 9. The surface equipment for any well will be situated so as not to interfere with surface owner's pivotal sprinkler or any other irrigation system. 10. In the event of a breach of any of the warranties, representations, covenants and agreements contained herein, the surface owner shall have all legal and equitable remedies available, including damages, specific performance, and injunctive relief. %sidiett.F mbhibit.B\FQ385199tem B 1363 REC 02315815 12/23/92 16:18 $20.00 4/004 F 2152 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO -2- 1 1416 Fix: 02363371 22/09/93 16: 8',` Ib I17L - 0500 MI,1^: ANN FEUERSTEIN CLERK 6 RECORDER WELD CO,/ QUIT CLA IAI DEED•E:E9,Wade rtes.. /9}{ dly of r 1, 6.�II 0 '�4H.Lem(s '711ES Dr.L.,.19Y3. het see 7V95 li;r./2 ,i ,. ,file 6.G-ten U:Va L•1 J,. ,1' ,f..l j scouter of f;. .C f.e ani lair of Colcmds.gmntugs),and /� 2 QL51v.xX .'l xtc f.,.t.e:C/y .3 2 V1 ,. : C. .4 7 what legal address is etc es`key .21./2 C.: /-J of 11x' room ---- Y of 1•%..•, C d and Slate of Colorado.grantccnl. • Wfl NIiSSETI I..1 hat tl c puma;,).It n ii m mint anon of the aunt of NO CONS IDF,RATION I m receipt and sufficiency d which is •• •••-• DOLLARS hcr:t a al una!edged.ha $ renniced.'dewed.sold.conveyed and QUITCLAIMED,and by I Kfe preens do es delft R.teleme.se , ,111.ey and OI)I r CLAIM Mini the rJanheisl. fmver on bee heirs.successors together assigns. Ix tight, ei[e, lowest. eta n :r.l den a,W which the (.'(a11nM1}) ha s in and to the nap progeny. with i npraveoentc.if any.situate.lying:Ind lx a:ii de County of weld and State of Colorado,described as lul twos Lot B of Re corded F,x..,pt i:n No. 0707-22-1-REIO3S, being a fart of the Northeast Qlatter (NO ) of Section 22, Township 7 North, Renge 66 West c-f the 6th .•.N., as -w t ere map recorded July 24, 1987 In Eook 1164 Dt Reception Elo. 21C'3',• . Cssun Cy of Weld, State of Co orade. Is,,l.rnnn by sued and unndl:r ae: V watt land 10 DAVE AND TO II.ILD the sane.I go:nil with all and singular the appurtenances and privileges Iheremao Wkmging or in :nywiee:.len:unto appertaining.and all tie•:stow.•1gld,title.interest and claim whanwaer,of the gruntwls).either In taworequity,to 'lit,,u illy proper w.."—to anti r ...e.-ncet 1. her lelis and assigns Rawer- IN WITNESS WIHiRli.)li The granti rl•)b: 4 `ue//u•:;c:hi,deed on the dale set forth;Move. KATHERINE A. S DWELL - SI ATE OF COLUI:ANa 11 Iu. C. my of WELD )J The compiling instrument vru:ekmnvl,digit LCLxc no this. 8th day of December .19 93. I,y KA7HEF.!NE A. SIDL'F.I.I.$3419. 16494,Idy• t ion c • .rr i , ,.a �3 car, ` .19 .Witness my halal and official xal. t1 Wf� .r JIL/�,��• f J . ... 4,,•``a...✓� . ' I I I. t f t I �i: k l l neinnew tf4I Or :B 'If in Denver.insert"City amt." an 0No.13.3.lb.)•6L MT CLAN DUD Br, Sl.I..4..,a.u:,w NI Ne.lAr.cnd.CD 111214_Leh resew• ...-._-•— €. F gi n ib g I bi i2; ai 8s 6 ;a�i8 a III 2I 8 3 d r ?' g i Fi iI - b ttgg €ppl ggxis s 'ai 8i•i 6 L ppi6 2i €i I g.y 19I ; IyIl IggdbII/! 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I e N - p r `+ N -,�1 266.00' i N (Tl m 0 In \ m fNjilCO � m X -o a e µ 0 0 m N m_ m J n _I J J O . m a m Z l u 4 0 w D I m O 1k 286.W' I M Z ' F- N i a a ' m (BASIS OF BEARINGS S.00°00'W"W. ci 0 z T >• p U -0� L ma m N k 4 y\l m a 'A y kl,k R'w m C� N14 0y to O N O' t•t o —4 a N N 0 . O : N _ _ LL r:n %::N1.IH ` _ ^ .. Ls. !!Ii 7 AI p _ 3 nA _ a y V ;..,„ ` O r C o iti_ .n _OT _ \ 'r _ •^'may (' � � ffi _ o � _c _ y cow I z °• Y - l 0 r z y o o m O D m D -n n z r „ . -'I O D v = N V 0 CO m m r V1 N IV O O •'O C Q N an d r X z 0 0 C0 CO N 111 -I H- m N N O D fl m D n 1:, O V1 fA+l r v v rn rn N r N r m 44P�.ti Z 4W•o i k t r N m O N f p - T S c 8 m m O F m w w _- u w o_ A� �n n TT j _ N�il9^a�m (BASIS OF BEAFINGS1S.IX ! x$141\1 mn 0. NA I e V a 0 t I -- [. -1 - _ / - _ -I S _ -• 7 • O O - J - y� F\ J co _ uc I _ £ ▪ o — ' n r > c 1_. 2 -3C.3 a = _-4 i2 o T F. _� ov _- I ! Sfl m m 7 rf - I n >m m ° h ! m w m yi N Z �' n• s MT T D-11 Z m p \ A e r ° \ GE. • _ _ - _ m Co it m 0 0 0 •'' (:' L_ll_ - I -r� I o i _ j n N p 1 v. �s ~ s � `� r� N ,J ._.5.1-1 `� t. r _ _ O y f :• Tr n m -�3 F -1 --.\ N • 1111111 1111 I I I I I l I l i 11111 IIII 11111111 III 11111111E I I I 3165854 06/07J2004 04:04P Weld County,CO 1 or 2 R 11.00 0 40.50 Steve Moreno Clerk&Recorder WARRANTY DEED THIS DEED. Made this 1st day of June , 2004, between Katherine A. Sidwell of the County of Weld and State of Colorado grantor.and Donald E. Schlegel and Cheryl D. Schlegel Jwhose legal address is 1131 Lindemeier Rd., Fort Collins, CO 80524 of the County of Weld and State of Colorado .grantees: WITNESS,That the grantor,for and in consideration of the stun of FOUR HUNDRED FIVE THOUSAND AND • NO/100 DOLLARS,S405,000.00 ),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant.tar_ gain,sell.convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy In common but in joint tenancy, all the real property together with improvements,if any,situate.lying and being in the County of Weld and State of Colorado.described as follows: See Description attached hereto and made a part hereof. also known by Steel and number as TBD—Weld County Road 33, Ault, Colorado 80610 TOGETHER with all and singular the haugaments and appurtenances ihereneto belonging,or in anywise appertaining.and the reversion and reversions.reminder and remainders,rents,issues and profits thereof,and all the estate.right,title.interest, claim and demand whatsoever of the gantor,either in law or equity,of.in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees.their heirs and assigns forever. And the grantor.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,sane,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 some are free and clear from all former and other grants,bargains,sales,liens,taxes.assessments, encumbrances and restrictions of whatever kind or nature oever, except far axes for the current year,a lien but not yet clue and payable,end those specific Exceptions described by reference to recorded documents as reflected in the Title Detriments accepted by Buyer In accordance with section 8•(TIBe Reviewl,of the contract dated May 3, 2004 ,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above•bagaiaedpresnises in the quiet and peaceable posses. sion of the grantees.their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN W S WIIEREOF,the grantor has xeP�� executed e this deed on the date set forth above. • f,i( .liSi d ,C l.c cVi.ca Katherine A. Sidwell "E.4, ( —+— _ STATE OP COLORADO ) `� •••••••••. '. ss. ._UFCO�.... COUNTY OF LARIMER ) .Mf gaaystaaEspdw 4f4Etlee The foregoing instrument was acknowledged before me this 1st day of June 2004,by Katherine A. Sidwell My Commission expires.. April 5, 2005 ' ' .e i 'd d, f glary blic There. E. -rs A/MAMrY DEED pre Jstat Thrills)MOWN.° Ale a tR336aoaoe {11111111111111111 °'IIII 1111111111111111111111111111 3185854 06102/20Ik d4:04P Weld County,CO 2 of 2 R11.00 D 40.50 Steve Moreno Clerk&Recorder TBD-Weld County Road 33 LEGAL DESCRIPTION OF DEED DATED June 1, 2004 The West 1/2 of the NE 1/4 of Section 22, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, ALSO Lot B of Recorded Exemption No. 0707-22-1-RE1575, recorded March 22, 1994 in Book 1432 as Reception No. 2379494, being a part of the E 1/2 of the NE 1/4 of Section 22, Township 7 North, Range 66 West of the 6th P.M., EXCEPTING THEREFROM that portion conveyed to Weld County by instrument recorded June 15, 1953 in Book 1358 at Page 510, being more particularly described as follows: A strip or parcel of land in the E 1/2 of Section 22, Township 7 North, Range 66 West described as follows: Beginning at the NE corner of the NE 1/4 of said Section 22, running South along the East line of said Section 22 to the South side of the 'Eaton Ditch' of The Larimer and Weld Irrigation Company; thence West 30 feet; thence North on a line parallel to said East line of said Section 22 to the North line of said Section 22; thence East along the North line of said Section 22 to the Point of Beginning. County of Weld, State of Colorado Together with 318 acre feet of augmentation credit under the Cache La Poudre Water Users Association of Weld County, aka "Poudre Plan," AND Any and All Mineral Rights FileI NC33660804 173 111111111111Iflll111111111111III1111111III IIIII IIII IIII 3347173 12/14/2005 12:44P Weld County,CO 1 of 2 R 11.00 D 51.51 Steve Moreno Clerk&Recorder WARRANTY DEED This Deed,made December 12,2005 Between Donald E.Schlagel and Cheryl D.Schlagel of the County Weld.State of COLORADO, grantor(s)and KCB,LLC,a Colorado limited liability company, whose legal address is 26462 WCR 50,Kersey,CO 80644 County of Weld,and State of COLORADO,grantee. WITNESS, That the grantor, for and in the consideration of the sum of FIVE HUNDRED FIFTEEN THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($515,100.00 )the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold end conveyed,and by these presents does grant,bargain,sell, convey and confirm,unto the grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as WCR 33,Ault,CO 80631 TOGETHER with all and singular hereditaments and appurtenances,thereunto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents issues and profits thereof,and all the estate,right, title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described,with the appurtenances,unto the grantee, his heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant, bargain and agree to and with the grantee,his heirs and assigns,that at the time of the miscalling 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 formes aforesaid, and that the same are free and clear from all former and other grants, bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind of nature so ever,except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Buyer in accordance with section 8a(Title Review)of the contract dated October 4,2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this on the date set forth above. JSEELLERS: //�J� / %/�//J'�J n Donald E.Schlagel / Cheryl D.Sch el (J STATE OF COLORADO }ss: COUNTY OF WELD the foregoing instrument was acknowledged,subscribed and sworn to before me December 12,2005 by Donald E. Schlagel and Cheryl D.Schlegel. Witness my hand and official seal. E. (40TARr\ ....ex-. 1 �•11aa r,�� l Notary blic erpa E. yers •••PuBLICI My Commission expires:4/ 09 After Recording Return to: sw.....m° K.CD,LLC (k',,;.i 26462 Weld County Rd 5(1 Eylyi1wf10Ce K ersey,CO 80644 M1 C4aRmI1Mi 4T rk WD-Wamnh Deed r 49 1�©. ESCROW NO.e17-aeaa2S5S011-TMY 1111111111111111111111111111111IIIIIIIIIIIIIIIIIIII 3347173 12/14/2005 12:44P Welt)County,CO 2 of 2 R 11.00 0 51.51 Steve Moreno Clerk 8 Recorder Exhibit A The West%of the NE Y of Section 22,Township 7 North,Range 66 West of the 6"P.M., County of Weld,State of Colorado, ALSO Lot B of Recorded Exemption No.0707-22-I-RE1575,recorded March 22,1994 in Book 1432 as Reception No. 2379494,being a part of the E Y,of the NE V.of Section 22,Township 7 North,Range 66 West of the 6°P.M., EXCEPTING THEREFROM that portion conveyed to Weld County by instrument recorded June 15,1953 in Book 1358 at Page 510,being more particularly described as follows: A strip or parcel of land in the E H of Section 22,Township 7 North,Range 66 West described as follows: Beginning at the NE corner of the NE'''A of said Section 22,running South along the East line of said Section 22 to the South side of the"Eaton Ditch"of The Larimer and Weld Irrigation Company; Thence West 30 feet; Thence North on a line parallel to said East line of said Section 22 to the North line of said Section 22; Thence East along the North line of said Section 22 to the Point of Beginning, County of Weld,State of Colorado. ""TOGETHER WITH: ALL RIGHT TITLE AND INTEREST IN AND TO ANY AND ALL WATER,WATER RIGHTS,DITCH RIGHTS, WELL PERMITS,WELLS,PUMPING RIGHTS AND AUGMENTATION PLANS WHETHER PERFECTED OR APPLIED FOR,CURRENTLY USED ON OR IN ANY WAY APPERTAINING TO THIS PROPERTY. INCLUDING BUT NOT LIMITED TO WELL PERMIT HR-81168-RF TOGETHER WITH 319 ACRE FEET OF AUGMENTATION CREDIT UNDER THE CACHE LA POUDRE WATER USERS ASSOCIATION OF WELD COUNTY,COLORADO BOARD of DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80648 RALPH PRIOR JOHN JOHNSON DON POSSELT.DISTRICT MANAGER CE BUCK RINEHART16. NELS NELSON P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 wwwnwcwd.org e-mail: water@nwcwiorg November 2,2005 • Todd Bean Mark Dreubard 26462 WCR 50 AgPro/LaadPro Kersey,CO 80644 4350 Hwy 66 970.590.5551 law snort CO 80504 970.535.9318 W 97038L6307 C This letter is in response to your inquiry regarding water service to the following described property, Approx.38915 WCR 33,Proposed Lot A;Approx.38684 WCR 33,Pro Proposed Lot C;and Approx.38751 WCR 33, p Lot B;Approx.fS3t on49 WCR 33, Proposed a Lot Meridian. m a portion of the NE y of Section 22,TIN, R66R'of the 6 Prime Meridian. Parcel 070722000002(Pawned Lots A&B)and Parcel 070722000003(Proposed Lots C&D) '2. North Weld County Water District is able and intends to provide water service to the abov-mentioned property,provided all requirements of the District are satisfied. If°entrects have not been completed with North Weld County Water District within one year from the date ofthis letter,die District may reibse to supply water to the above. mentioned property. The District reserves this right to refuse service,in the event that raw water is=amiable,and/or pipeline or Filter Plat capacity is not capable to provide additional service. Betbre a water tap may be purchased,the ..applicant must provide a copy of a Warranty Dad,a Physical Address,fhb letter,and manta 40 foot utility easement for access to Panel 070722000003 across 070722000002. 3. The District requests that for any County Process including (RE),Subdivision Exemption(SE),Use by Special Reel not d limited vo a Recorded ])),Minor (USA), orned that t respective County Subdivision or Off-Site Construction Plans within Weld Termer County the County Place North Weld County Water District on the refer,el list Funk re,the District requests that the applicant submit the plat to North Weld County Water District for review prior to milting the plat to the County for filing. The District may need additional waterline easement(s)or waterline movements to provide service to the parcels being created or modified. If rite plat is recorded without Distri approval,additional easements may have to be recorded and/or additional waterline improvements will n to be constructed in order to maintain or establish new water service(s), 4. The District recommends that anticipated raw be p rchasedthroughthe District Tbe District guarantees treatment and delivery of water purchased. MI wate that is delivered with surcaarge is subject to water availability. Water purchased through the District shall 70%del nayofen Acre-Foot of water(228,000 gallons),if the allotment for Colorado-Big Thompson(CBI)project ate,which is determined by the Northern Colorado Water Conservancy District is 50%or greater.North Weld Co Water]) ifirestrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the pia Water Fee is utilized by the District to construct storage reservoirs. 5. North Weld County Water District does offer a emee Only"RO"water tap. Water may be used for any purpose with this tap,butt he user will be penalized when usage exceeds the allotment With this option the customer purchases only%of the Raw Water Unit fore the District will deliver 35%of an Acre-Foot of water(114,000 gallons),if the allotment for Colorado-Big °meson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or .North Weld County Water District will icslrkt the delivery as necessary when the CBT allotment is less than 0%. With purchasing aRD tap,the customer is charged a different water surcharge rate than a ennui customer. to the following page for current rates. 6. The Plant Investment Fee pays for the Infcavtru required to deliver 1 Apt?(228,000 gallons). if usage exceeds the number of Plant investments that were pure an additional Plant Investment Surcharge will be applied to your account Plant Investments may be ed to increase the amount of water to be delivered and avoid the Plant Investment Surcharge. Refer to the following page for a break down of the Disbi 'Tap Fees and Usage Rates. Sincerely, Alan Overton North Weld County Winer District P:Uno Doennmallm4 of inesh ToddDmuhndMutt 11-02-05). 1 2 BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80848 RALPH PRIOR JOHN JOHNSON DON POSSELT,DISTRICT MANAGER GE BUCK RINEHART ,aaa. N NoNEL Weldd County Water A P.O.BOX 60 • PHONE(970)356-3020 • FAX(970)395-0997 nowtnwcwd.orp • e-mail wateronwcrd,otg November 2,2005 . 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. After ten(10)business dam the costs will be subject to the them in effect rates(current cost)established by the District The District isnot responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a charw of rates and or fees. TAP FEES INSTALLATION COST Raw Water for One Acre-Foot Unit(AEU) SI 1,000 Meter Set Fee/Line Extension Storage Fee Portion of Raw Water Fee _ $1,000 $1,200.00 Lots A&B Only Base Portion of Plant Investsnent Fee $7,500 _ Metes Set Fan.me Extension for Lots C&D Distance Portion of Plant Investment Fee Only (9 miles) $2,700 *9,450.00 lorfis Tap Pnrehased TOTAL Up-Front COSTS For STANDARD $1,000_00 tor Second rap Purvhmcd TAP 522,200.00+Meter Set Fee Per Lot TOTAL Up-Front COSTS For RESIDENTIAL ONLY TAP(See Paragraph 5) S16,200.00+Meter Set Fee Per Lot Price is valid for ten(10)business days from receiving this Illter, Minimum Pressure 35 psi Normal Pressure Range 65 psi to 95 psi Maximum Pressure 110 psi Alter the water tap has been purchased(Raw WaterAPU&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. lithe 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 If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shallrefund/heapplicmd90%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 inset,the account will begin billing the minimum monthly*meant Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $24.00 Minimum 10,000 gallons and up $2.40 per 1,000 gallons Water Rental Fee North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge. The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current madtet price of water. Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds their annual allotment Currently surcharge is$0.10 per 1,000 gallons. This the is to recover the District's cost to obtain additional water rights for delivery. TIES RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"BO"TAP. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(®T) Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A -Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge When an account's year to date usage exceeds their Plant Investment Allotment(#of Equivalent Taps x 228,000 gallons),a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments must be purchased to increase the allotment and reduce'tbe Plant Investment Surcharges. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Residential OWy"RO"Taps Also known as Inside-Use Only taps. The water surcharge for a BO tap is currently$4.00 per 1,000 gallons. This surcharge is assessed when an account's year to dam usage exceeds 114,000 gallons. nasal Daeaamnvaa of5 rtQmSla ntotl®reosudMar(11-02-05teee 2 on Hello