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HomeMy WebLinkAbout20003367.tiff (its IDEPARTMENTC SERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Robert and Doris Parish Case Number: RE-2720 Planner: JAC Legal Description: S2/SW4 Section 32, T5N, R67W of the 6th P.M., Weld County, CO • Parcel Identification Number: 095732000014 Lot C Size: n/a Lot B Size: 50 4- acres Lot A Size: 30 +/- acres • Water Source: Little Thompson Water District wSewer Source: Septic SystemW Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan 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 11.8 of the Weld County Subdivision Ordinance. 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 Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 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. �r ie:.,;ding the plat A. Due to the prime agricultural soils on Lots A and B, the applicant shall submit a proposed building envelope 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. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 31.5.5 of the Weld County Zoning Ordinance. x,000- (p� B. In accordance with Weld County Department of Public Works Ordinance #180, Lots A and B shall be granted one residential/agricultural access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted.Access will be placed in such a location as to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. This access shall be a minimum of 75 feet from any intersecting County or State roadways. C. 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 access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. D. Weld County Road 50 is designated on the Transportation Plan Map as arterial status road,which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Road 50 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 50. This road is maintained by Weld County. Weld County Road 15.5 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 15.5 shall be delineated on the plat. This road is maintained by Weld County. E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 11.1.2 of the Weld County Subdivision Ordinance. F. The applicant shall attempt to address the requirements of the Johnstown Fire Protection District as stated in a referral response received April 10, 2000. G. The applicant shall address the requirements of the Weld County RE-5J School District as stated in a referral response received April 13, 2000. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall provide the Weld County Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. The plat shall indicate appropriate setbacks (radii)from any tank battery or wellhead on the property. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform 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 Weld County Zoning Ordinance in accordance with Section 61.3. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance, the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 4) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 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; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; 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. 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. 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. 5) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and Recorded Exemption number. 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 Ordinance 169A. 3. The applicant shall submit a mylar plat to the Weld County Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 4. The Weld County Department of Planning Staff's approval of this recorded exemption is based upon satisfying the above conditions. 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 Board of County Commissioners with a recommendation for denial. • • • r I 1 ( / ((eV' • By r �z't�' � ) Date May 19, 2000 Julie A. Chester+ Lead Planner > i < "CI"' at CIi + r >:!;::;::::::;::::::r:"7 <` s lit k 111 Item Comments Check Proper size of plat 24"X 36"or 18"X 24" Boundaries of Lot(s) / Scale Suitable Scale? (Approx. 1"=200'or 1"=100') L-< Access indicated Shared access? If so, is Easement Certificate included? Roads labeled, including R.O.W. Building Envelope(s) 1/--- Vicinity Map Suitable Scale?(Approx. 1"=2000');Not on SE North Arrow Legal Description Notes from Planner/ I-----A-- Development Standards VoNa\ciSov` r- Conditions Of Approval v SFbtZE cu j -.10 S4owr \%,...., completed? 'F:ca- 'poet. — 11495 V\ c1/4.41— no 7 S Sues cN ( t'k.i 1 rta?oSa�` , Owner's Certificate Notarial Certificate included? If deed indicates two i ' owners,have both signed the plat? Surveyor's Certificate, All surveyed plats Surveyor's stamp Note:USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR,Final PUD,if Staff Approved) Planning Commission Certificate (USA's,COz,) NM Board Certificate (USA's,COZ,Final PUD but not if it was Staff approved) �/� *RE,SE&ZPMH,if Board approved. Typical Road Cross Section If a COZ,Final PUD Nih Easements If Final PUD N/A- Please return the plat to CAD Tech. within 24 hours of receiving the plat. `o'''' Planner On Call: • (Initials) < Planner Sign tore: et' Date: 74%) WtLU CIJUN1 Y.I.ULUh....0 DEPARTMENT OF PLANNING SERVICES ---- PLEASE TAKE THIS SLIP TO THE FRONT DESK -- GATE 3/2 7/0 O RECEIVED FROM belt 1 Teve (O7)ie✓l-( Grow, c Nil. TYPE FEES 4221 RErSE 1 /' q�q 6v 4221 •ZPMH/MHZPIZPAU z 4221-USR 4221 -SITE PI AN REVIEW 4221•CO? 4221 -PUO 4221 -SUBDIVISION 4221 BOA 4221 •MINOR SUB 4221 -FlIDP/G110P 4221 •REPEAT 6560-RECORDING FEE 4420-MAPS/PUBLICATIONS 4730-INVESTIGATION FEE 4430-POS FACE/HANDLING ON-CALL PLANNER r 7,/9 t oc� ® CASH , CIIECR NO: TOTAL RECEIPT # WEw caUN1 Y,I:ULUKRUU DEPARTMENT OF PLANNING SERVICES -- PLEASE TAKE THIS SLIP TO THE FRONT DESK -- DATE 7/5(00 RECEIVED FROM g M111 • - '`► f NO. TYPE FEES 4221•RE/SE 4221 •ZPMHIMIIZPIZPAO 4221•USR 4221•SITE PLAN REVIEW 4221-COT 4221 -PUD 4221-SUBDIVISION 4221 •BOA 4221-MINOR SUB 4221•FHDP/GFIDP 4221 -REPLAT 6560•RECORDING FEE f g,E - Z7 ZO {Q•Oa 4430-MAPSIPUBLUCATIONS 4730-INVESTIGATION FEE 4430-POSTAGEIHANOLING 4143 ON-CALL PLANNER (o.a© ® CASH CHIECK NO: (005 TOTAL RECEIPT # WELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICES' 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100,EXT.3540-FAX(970)304-6498 DATE: 20.) t RECEIPT 1 f r o RECEIVED FROM: NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH • 4221 -USR • 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION kc 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE M /O - "' MISC. J ▪ CASH-LICECK NO: TOTAL / WHITE-CCUSTOMER ,C NARYA -FINANCE PINK-FILE Weld County Planning Dept. Shawn and Stacey Greathouse 444 LaCosta Lane Johnstown CO 80534 RECEIVED Department of Planning Services C/O Robert Anderson 1555 N. 17th Ave Greeley CO 80631 May 14, 2001 To Whom It May Concern: We recently purchased a 45.884-acre parcel just north of Johnstown. The legal description of the parcel is the south half of the southwest quarter of section 32,township 5 north, range 67 west. When the recorded exemption was done a five-acre building envelope was established. It is recorded exemption number 2720. We would like to amend this envelope. We would like to split the five acres into two smaller pareels one 3Vt`n.i. 0 c-..ac �o;�cs that is three acres and one that is two acres. ) We would like the two acre parcel to be moved just north of the oil tank directly off of 1� County Road 15 -1/2 (please see maps). We intend on building a house in this area in the next couple of years. This would then shrink the existing envelope to a three-acre envelope on the corner of County Road 15-1/2 and County Road 50. Here we intend on building a steele out building. We will use this building as a workshop area. We hope amending this envelope will not be a problem. We are not using any additional acreage than the original envelope was given and we do have county road access for each small envelope. I have enclosed a map showing the original building envelope and a map of our proposed amendment. If there are any questions or concerns please call me at (970)587-0180. Sincerely, Stacey Greathouse O S • -o / 0/j" 4. E- . c rn r�-.-, Gee c. wtrivcO. 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L 10 W fJ C1.1f l O Dti Le.'n,0,V1Y` e > "f 7' \A/c. iik 15 '/z. ,v DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO April 3, 2000 John Donaldson 4529 South Stover Street Ft. Collins, CO 80525 Subject: RE-2720-S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Dear Mr. Donaldson: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, 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 Johnstown and Milliken Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Johnstown and Milliken Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the town of Johnstown at 970-587-4664 and the town of Milliken at 970-587-4331, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Julie Chester Planner FIELD CHECK inspection date: May 19, 2000 CASE NUMBER: RE 2720 APPLICANT: Robert & Doris Parish LEGAL DESCRIPTION: S2 SW4 Section 32, Township 5 North, Range 67 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to WCR 50; West of WCR 15.5 Zoning Land Use N A (Agricultural) N Agriculture land E A (Agricultural) E Agriculture land with residence and outbuilding, mature Lindens flank road adjacent to house S A (Agricultural) S Agriculture land, Town of Johnstown +/- 'IA mile W A (Agricultural) W Agriculture land COMMENTS: • WCR 50 paved two lane road & WCR 15.5 all weather gravel road with +/- 60' r-o-w property slopes west to east, with a majority of the land utilized in agricultural production in northwest corn of property is a high point and possible site of a non-existent ag bldg approximately 0.25 miles north along WCR 15.5 are oil and gas production facilties: 2 tank battery, seperator and well head in parallel to battery (in field) Approximately 0.5 miles west from WCR 15.5 along WCR 50 is a second oil battery, wellhead is parallel to wellhead referenced above. Oil & gas is west of ditch. See photo Oil and Gas Ownership: Shepler & Thomas, Inc. (Parish 32-2) Hillsboro Ditch access road is east of ditch. Irrigation laterals flank the western edge of the property, & along the north property line Land is planted in corn Kim Og anner rWi`D feet, ' e. APPLICATION FLOW SHEET COLORADO APPLICANT: Robert and DorisNN Parish CASE #: RE-2720 REQUEST: Recorded Exemption LEGAL: S2/SW4 of Section 32, T5N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to WCR 50, West of WCR 15 1/2 PARCEL ID #: 095732000014 ACRES: 80 acres Date By Application Received 03/29/00 JAC Application Completed 03/29/00 JAC Referrals listed 03/31/00 JAC Design Review Meeting (PUD) n/a JAC File assembled yI3/ O Letter to applicant mailed ///3 /0-6 Referrals mailed /3 Chaindexed Vicinity map prepared Field check by DPS staff 5 9/n) Administrative Review decision: /1/41--S `j/j9 47) it/Date By County Commisioners Hearing Date Of applicable) Surrounding property owners notified Air photo and maps prepared 9,1 CC action: CC resolution received Recorded on maps and filed 'j /1 2/ Overlay Districts Road Impact Fee Area: Zoning Agricultural Yes No_x_ Airport Yes No_x_ SW Weld #1 #2 #3_ Geologic Yes No_x_ Windsor Flood Hazard Yes No_x_ Panel #080266-0750C EPARTMENT OF PLANNING SERVICE O0- Weld County Admirttlrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Gi Il CI Phone (970) 353-6100, Ext. 3540 - Fax#(970) 352-6312 U APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number KC' �x Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: Pv/2 SW`I4 See4ion 3a yowwske sTotal Acreage: RO Zoning A r n a in West (� Parcel Number O cl 1143 a A_a 0 0 it (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No $ Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? F!cod Hazard: Yes_ No )C ; Airport: Yes No )C ; Geological Hazard: Yes No X FEE OWNERS OF PROPERTY Name: ROber} t DoriS ?c*r\S- Home Phone#ne-7a?"8C./?ork Phone# Address: 3809 ReclAe Rd, Space4' Ia3 City/State/Zip Code Ft,lllorocK cA 9Aoa8 Applicant or Authorized Agent: 5o1nn 0ovw\dSon Phone# 9%-?o4-Olds Address: 45aq Sark S-kYty Sired- City/State/Zip Code F„-4 Coll'it CO 9) Name: — Home Phone# — Work Phone# Address: ^ City/State/Zip Code — l.arger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot __ _ Recorded Exemption Water Source LTWO LTWO — Type of Sewer _ SeP4ic_ Se f4iC — Proposed Use Arituauv❑1 AGtru8e Ayces Uval Atev ay Acreage V Sot Acres So 0 '3 i Acres — Existing Dwellings Yes or No No NO a Existing Dwellings Address (if applicable): lair Larger Parcel ►v �/ oi S''/VC a.ic, [, p Smaller Parcel ---4.47741 .2 3-75 S et/cif 1/45-0 Smaller Parcel (ap icable only for 3-lot Recorded Exemption) — I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. C��_ Rev: 1-27-97 Sign ure: Owner or Authorized Agent 5 ANSWERS TO RECORDED EXEMPTION QUESTIONNAIRE 1. a) Domestic water will be supplied by Little Thompson Water District. An existing six inch water line runs along WCR 50 and is accessible to both of the proposed parcels. Attached is a letter from Michael Cook the District Engineer for Little Thompson Water District. b) The property is currently irrigated by two separate ditch companies. The western 30 acres is irrigated by Home Supply Ditch Company. This parcel has never had water attached to it in the past, and is currently irrigated with several shares of Home Supply which are rented from a neighboring property owner. The eastern 50 acres are currently irrigated with one share of the Hillsboro Ditch Company. To date, no irrigation water has been removed from the site. 2. Currently, there are no dwelling units on the property. Prior to, or upon issuance of a building permit, land owner shall apply for a septic permit in compliance with the requirements of the Weld County Health Department. 3. Currently the property is being used for farming with no livestock or improvements. The entire 80 acres would probably be termed prime farmland as defined in the Weld County Comprehensive Plan. 4. The reason for the recorded exemption is to divide the property into two separated parcels. It is anticipated that each parcel will include a home site. Provided that the property is divided by the Hill Boro Ditch right of way, it is anticipated that the majority of the property will continue to be farmed in the same manner that it has been farmed in years past. 5. The property currently consists of 80 acres and shall be divided in the following configuration: Parcel A — this parcel will consist of approximately 30 acres on the west side of the Hills Boro Ditch. The property slopes to the west and is irrigated by Home Supply Ditch which is delivered from the top of the hill to the west. The property is currently farmed. Parcel B —This parcel will consist of approximately 50 acres on the east side of the Hills Boro Ditch. The property slopes to the west and is bordered on the west by the Hills Boro Ditch. The property is currently farmed as is irrigated by the Hills Boro Ditch. to 6. The property is bi-sected by a major ditch right-of-way (Hills Boro) that runs north and south. The ditch divides the property into two separate parcels. It is imperative that the property is divided into two separate parcels on either side of the Hills Boro Ditch. This will allow the property to be farmed in the most efficient manner and will offer the highest possibility that the property will continue to be farmed. 7 The property is currently vacant farm ground. All future structures will meet the minimum setback and offset requirements as required by the ordinances of Weld County and for the zoning district of the property 8 The applicant is currently unwilling to place a conservative easement on the property. However, it is expected that a vast majority of the property will continue to be farmed. 9 At the present time, no building envelopes will be designated on any of the parcels. 10 This proposal is very consistent with the Weld County Comprehensive Plan. The property is located within the Town of Johnstown's comprehensive plan area, and within the town's urban growth boundary. As a result, the housing sites would be serviced by the Johnstown Fire and Police Departments and the Johnstown School District. 11 It is intended that a vast majority of the property will continue to be farmed. Since the surrounding land use is agricultural the proposed use would be very compatible with surrounding land uses. 12 This proposal is very consistent with the Weld County Comprehensive Plan. The property is located within the Town of Johnstown's comprehensive plan area, and within the town's urban growth boundary. As a result, the housing sites would be serviced by the Johnstown Fire and Police Departments and the Johnstown School District. 13 The recorded exemption being applied for is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance. The proposal meets and exceeds virtually every item listed in Section 1.3 of the ordinance. Report Date: 06/14/2000 04:22PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1636086 ASSESSED TO: PARISH ROBERT R&DORIS A TRUSTEES 3313 EAST AVE K-6 LANCASTER, CA 93535 LEGAL DESCRIPTION: 22662 S2SW4 32 5 67 (2D 3R) PARCEL: 095732000014 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 06/14/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 0502 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 236.91 Land 37043 10750 SCHOOL DIST RE5J 42.948 461.69 Exempt 0 0 NCW WATER 1.000 10.75 Improve 0 0 JOHNSTOWN FIRE 6.856 73.70 AIMS JUNIOR COL 6.343 68.18 Total 37043 10750 WELD LIBRARY 3.249 34.93 82.434 886.16 - TAXES FOR 1999 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 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 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 that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. The lien for the current year has attached for property taxes and special assessments, but is not currently due and payable. Signed: is Date: v✓ -11- Net d V J l erksvItn `C REFERRAL LIST NAME: Robert and Doris Parish CASE NUMBER: RE-2720 REFERRALS SENT: April 3, 2000 REFERRALS TO BE RECEIVED BY: April 24, 2000 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton XCode Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society _X Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25 (Loveland) Lochbuie East of 1-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS _X Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor X Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS _X Big Thompson OTHER Fort Collins _X School District RE-5J Greeley X Hillsboro Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER RECEIVED APR 0 4 2000 WELD COUNTY PUBLIC WORKS DEPT Weld County Referral ' April 3, 2000 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ 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. 0 See attached letter. Comments: Signature amag .41O11-17 O4 _ V1 u o Agency ( ( t L �� 1I Date +Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Q Weld County Planning Cep. *it MEMORANDUM MAY 222000 FCEIVED•' TO: Julie Chester, Lead Planner DATE: N,a���T9,Z000 FROM: Donald Carroll, Engineering Administrator 1y'"i SUBJECT: RE-2720; Robert and Doris Parish COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 50 is designated on the Weld County Transportation Plan Map as an arterial status road, which requires a 100-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 (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 15.5 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires a 60-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 (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: Pursuant to Ordinance 169A, if 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. No new private accesses shall be allowed onto roadways classified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. Lot A. The residential access shall be placed in a location that has an adequate sight distance in both directions and not below the crest of a hill or where a physical obstruction is present. The access shall be from WCR 15.5 only. No new access will be granted on roadways classified as an arterial status road. Lot B 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. Lot B. A local residential/agricultural access shall be a minimum distance of 75 feet from an intersecting county roadway. Lot B. RE-2720 plan6re 4 " „eid County Planning Dept. Kra- ;He MEMORANDUM DD APR �� 19 2000 TO: Julie Chester, Lead Planner DAR*Epi14�(( 1 I0\ E D FROM: Donald Carroll, Engineering Administrator N" � v COLORADO SUBJECT: RE-2720; Robert and Doris Parish The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 50 is designated on the Weld County Transportation Plan Map as a arterial status road, which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 17 is designated on the Weld County Transportation Plan Map as a arterial status road,which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: Pursuant to Ordinance 169A, if 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. No new private accesses shall be allowed onto roadways classified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. RE-2720 plan6re ! Road File II 50 RE: 2:1 Other Case No. APPENDIX B WEI,I) COUNTY ROAD ACCESS INFORMATION SIIFET 'Held County Public Works Department Date: 211S/00 933 North 11th Avenue,P.O. Box 758, Greeley,CO 80632 ['hone: (970)356-4000, Ext. 3750 Fax: (970)352-2868 I. Applicant Name SO\-.r, D,v,q\ Phone qr1 O )O'4- 0\?S Address -( �� S}4vev- .4-cc. - City Fatrk [0l1WY S State co• 1i1�_�.os do Z. Address or location of access lAC_R So� Nor IA. Siote o4 _Rocl Section 3a Township ' Nov-4, Range (0'7 WvS Subdivision Block ----- ,Lot — Weld County Road 11 So Side of Road Nor Distance from nearest intersection 3. Is there an existing access to the properly? Yes )( No It of accesses a Proposed Use: U Permanent Di Residential/Agricultural ❑ Industrial 0 Temporary U Subdivision CI Commercial U Other +******************************************Mkt**************************** *********k********************** Site Sketch • ,cgend for Access Description: - 1G = Agricultural Ott' tES = Residential WI AS = Oil & Gas ).R. = Ditch Road PARc .c. ' o R N 3 F FICE USE ONLY: oad O ADT Date Accidents_ Date oat] ADT Date I Accidents Date mirage Requirement Culvert Size Length )ecial Conditions U3E X 19r HESS Po /IQ F 2 �'�4 >u TJ� 11 (,e1 l -GC, Sra 5 installation authorized ❑ Information Insufficient viewed By: Title: • Road File tt RE: a—I 3-O Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Dale: 2/lS CIO 933 North 11th Avenue, P.O. I3ox 758, Greeley, CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970) 352-2868 Applicant Namey3oAn.. DovaArtSo", Phone 990 -)0¢4- O\a.s Address MSact Sc.A'\\r\ S-kvev- StrccA- City Fov Co,\ini State CO Zip 2ordc 2. Address or location of access WCR 50 Nortilh Sicke O-P Rhnp Section 3a Township 5' Nor}L, Range (01 Wes Subdivision — Block — Lot — Weld County Road 11 SO Side of Road Near Distance from nearest intersection 3. Is there an existing access to the property? Yes )( No 11 of accesses a 4. Proposed Use: ❑ Permanent X Residential/Agricultural O Industrial O Temporary ❑ Subdivision LI Commercial ❑ Other ***********************************s*********************s****************************************3******* 5. Site Sketch Legend for Access Description: AG = Agricultural Tb � 12ES = Residential lac O&G = Oil & Gas D.R. = Ditch Road PARcF L 6 FARCE. A P5? O 3 ********************************♦*************************************.*s*♦************♦***********♦******* OFFICE,,USE ONLY: Road DO ADT Date Accidents Date Road (—j ADT den Date 14 cc Accidents Date Drainage Requirement Culvert Size Length Special Conditions USE cXt5-r Access PO rN T !ER . PA-eal No AJEk) A-rcacsc.5 t^- R4.F[P-D or-4 4 'r Ea t q1_S *******ssss**********ssss•****ssss***************ssss*ssss*s****s***********ssss*ssss**ssss**************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 Road File It RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 31(5/ 933 North I lth Avenue,P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868 Applicant Name SO\-.. �Or 'sdson. Phone 97O •ao"- O\aS Address c{5act S'-osier S4reeA- City For; \\ir Cots State Co Zip 80S'ar 2. Address or location of access WCR SO NortIh Site C-P Reu, Section 3a Township S Nerd.. Range (07 Wes Subdivision Block — Lot Weld County Road I/ SO Side of Road Ner4L. Distance from nearest intersection 3. Is there an existing access to the property? Yes T. No // of accesses a 4. Proposed Use: ❑ Permanent X Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch t�• Legend for Access Description: AG = Agricultural , , RBS = Residential W{ pc O&G = Oil & Gas a' D.R. = Ditch Road PARce.t. 8 Mut A P O 3 *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents_ Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 V OsitargA MEMORANDUM WHIG TO: Julie Chester DATE: April 17, 2000 FROM: Sheble McConnellogue, Environmental Health COLORADO SUBJECT: Parish, Robert & Doris CASE: RE-2720 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. sm/720 ..eld County Planning Dept, APR 18 2000 RECEIVED etif Weld County Referral April 3, 2000 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ 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: K-Atl \ta-Pt lfSl I CMG 8C*\ V\Dia:VA 3CO Cyr 41'l,k`. t((`RX*U) LCYfKe. Signatures\� J it ibn l Agency L( , C.n�pl(ince , Date :•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 05/01/2000 07: 38 197051 141 JOHNSTOWN TO' HALL PAGE 01• Weld County Referral ' es April 3, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld ; County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan XWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature A�.c.-t /We A it J�� T Ue, Agency 7Fk G c_ Ajrh lr.0 Date +Weld County Planning Dept. 4%55 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304.6498 fax b � „� .:id Ceun₹y Planning Dept. ' t�1iS r ;_ 5; APR 20 2000 /eld Codificrileibleal April 3, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ 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 oa Agency D to 4-Weld County Planning Dept. :•1555 N. 17th Ave. Greeley,CO.80631 •S(970)353-6100 ext.3540 +(970)304-6498 fax eta jounty Planning Dept. it" APR 13 2000 RECEIVED Weld County Referral I April 3, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ 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. 71 See attached letter. Comments: h4- .�.�4- :i 4.e.;--erg, «t .a.e.4: . Jgl t4-t& •r /'?*� ' �ere /MU)42S 'A- ' -'- ' ewe.," � /K - /-V•4) 1- h ICQLYL n R -N. Act. Signature /Q��, / // Agency I () �7e 4/ I S//1/� irate +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 •#(970)353-6100 ext.3540 +(970)304-6498 fax OE/06/2000 '-a:is 970-587-2697 WELD SCHOOL RE5J PAGE 02 Weld County School District Re-5J Memo To. Weld County Planning Department Prom Dr.Jadc E.Pendar,Superintendent maul ocioaroo Re RE-272C Plans be advised that M. John Dorwldoon did speak %Rh me eenean ing a ease-in-seu iI la vJ dedication fee for the school district. Mr. Donaldson stated that he would pay the appropriate fee that is in effect when a building permit it applied for. This arrangement i0 faraday to the school district and wt halm nn fi rrther objections at this time. Thank you for your support in this matter. •Page 1 eld County planning Lept. ApR 1 d 2,000 Weld Cougyc4hYerrPal ' April 3, 2000 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert and Doris Parish Case Number RE-2720 Please Reply By April 24, 2000 Planner Julie Chester Project Two-Lot Recorded Exemption Legal S2 SW4 of Section 32, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location Norht of and adjacent to WCR 50; West of WCR 15.5 Parcel Number 0957 32 000014 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. ❑ 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 ! '+Kvnt z G'O 4 enc 9 Y �....n, Aj ir�l.�L6zc 1)e-14117i Date +We ounty Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 ••x(970)304-6498 fax eASI reaswEil I �d t 1 . %3 �J) 1 _ 1ril v 1 o d Cu. I Q- 0 0 u- • -S d 4 z31 J JW o O in y 0.1 — � 7M4� 1 Uj � j ` N 000i O O r v -2- to a +J F° 1 3 su 1 51110 -J3 �� Z < >co i t ' �i0 s J v x 44 J e ' .J Q 1 n' a o �,O de S 9-og o� e t H.7y‘0 0.-_ tn 6 ' < v S I WM I _J J Qµ o O an ' r'M pin CC v 3 • • Order No. 8513318 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The SI/2SW 1/4 of Section 32,Township 5 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1522521 Book 601 Reception No. 1563348 1I Book 641 Reception No. 1977640 J Book 1040 Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its proper officer this 281h day of February 1999,at 7:00 am. TRANSNATION TITLE INSURANCE COMPANY By: L1aXCJrO Authorized Signature C, _o 0CT8 1968 - Gtoot GO I. Awwdd LL__ .....__ehlect . .—__-__....______._.�_.___ _. 'ANWI Reeeptlen N.____.15.2,252.1.: _ -j _........._. I � A theist' __.Recorder. • .-! e THIS DIED, Made this ZQ� day of So ptembe r ,1I68 N w . V • becwea ADT11 SPRINGER e m sr Do 9. , Gent,of Boulder and State of Colorado,of the first part,end ret Col ROBERT R. PARISH ' N .f the County of Los Angeles and State of N California ,y cons.,of the second part: t - . WITNILRAICTTI,That the :said to part y of the fleet part,for and in nsideratioe of the sum of vet Forty-Six Thousand Eight Hundred Fifty and No/I00th. DOLLARS r- te the said party et the first part la hand oak by said part y of the second part,the receipt whereof is o hereby enfemd and ahnowledged.has pasted,bamloed,told and ronrerod.and by then proems do es o pant,bargain,sell,coon, sod eenflrm,onto the said past y of the second part,his help end assipu for. to r,all Ow following described lot or parcel of land,situate,lying and heleg In the --� U Canty of Weld and State of Colorado,to wit: • The South half of the Southwest quarter of Section 32, Township 5 North, - w Range 67 West of the 6th P.M. , Weld County, Colorado, Including one (1) share of the capital stock of The Consolidated liillsboro Ditch Company, and thirty-one 131) shares of The Nome Supply Extension Ditch Company. • , • • TOCETREA with all and singular the hereditament. and appurtenance. thereto belongb;, or in anywise • appertaining,and the retortion and reversions,remainder and remainders,rents,issues and profits thereof:and all • - . the estate,right.title,Interest,dabs and demand whatsoever of the said part y- of the first pert,either in law or agility.ef.In and to the shave bargained premises,with the heredltaments and appuet!nanees• ,1 TO HATE AND TO HOLD the said premises above bargained and described with the appurlenanna,unto the said part y at the second part. his heirs and amigos forever.And the mid part y of the first part, v' ' for her self, her helm aerators,and administrators,do es covenant,prat,bargain,and agree to and with the said party of the wend part. his heirs and theirs,that et the time of the ensealing and delivery of these presents• she is well seized of the premises shore conveyed,es of good,sure,perfect.th.oluts and Indefeasible estate of Inheritance,in law,In(et simple,and ha s rood right.full poser and lawful authority • to net,bargain,sell and convey the same la manner and form as aforesaid,and that the a.me a,e free and c:car a from all former and other grans,bargains,,sales,Hens,taxes, esa enta and encumbrances of whatever kind or avn .-e t sera, except the 1968 taxes due in 1969, which party of the second part ' , assumes and agrees to pay, and except rights of way for highways, roads and ditches as they exist. • and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, a _, his heirs and assigns against all and every persona :arsons lawfully claiming or to claim the whole . or mu.part them!.the said par, Y of the first pert shell and will WARRANT AND FOREVER DEFEND. - IN WITNESS WHEREOF,the said party of the tint pert ha a hereunto set her bend is and seal the day and year first shave written. m sell o ts. ✓_.-'._. (SEAL) p _. Ruth Spr in r ^ � o __(SEAL) O ' ni.kq — -- 10 --- seAL> '$ i.. NV'IChi STATE OF COLORADO. 11 •pY ` \ .........;��Op County of Boulder 1� ;�y / ,t,// 1,:•'.,1'�fiirrtgting instrument wm acknowledged before me this Edday of A♦T`'�' �-'-s-� s- p4 •1,6,9�by';'Ruth Sprin • , y / o ',,r y, u 67 t®mteiw expina /� - eel a--efy .1 Zy;Titnna d and official en --' . A ht _� L� sae'[ x._pall waauAn Deau.r„rrnornin 4..,a—fir .ra Povmim h mom a..a Ann.Donn.Cwndo . ..•xis F — . ^1. 4 ': F #S*':f c . ,.. RP: aI _.y > ...ePy'E 1• 0 MAR8 - 1911 Y• .l 641 ,` ' • p�v,+y'[� E.wd.�M `L '��o'e1e<F�M....�—���� woo RECORDING REQUESTED BY _JY` 15fi3lu8' _.Ann Sown.,R.cordo dr \ Y Robert R. Parish - —\ r Pc {fir a • 1.'C�i1 "•-' Wayne M. Hamilton ,.;Y -6 .r. 2021 Brundage Lane • " ;, Elnw LBakersfield, .California 9330 SPACE ABOVE THIS LINE FOR RECORDER'S USE k•... ,..n w n.naxn ro Y. . Robert R. Parish ,„,. 1)gpy West Carson Street 1 Torrance, California 90503 ,t4 L J I AFFIX I.R.S.3 ABOVE Grant Deed THIS FORM FURNISHED MY TITLE INSURANCE ARO TRUST COMPANY U" C7 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TH Robert R. Parish, a married man, dealing with his Separate Property, hereby CIIANP(S) to ' Robert R. Parish and Doris A. Parish, husband and wife, as Joint Tenants, with the right of survivorship, ' ' the following described real property in the ?•X rn County of Weld ,Setcof G^..err• Colorado: The South half of the Southwest quarter of Section 32, Township •tza V's 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, M including one (1) share of the capital stock of The Consolidated -e . 4k4;.1vs Hillsboro Ditch Company, and thirty-one (31) shares of The Home '?, iP... ."'4„ Supply Extension Ditch Company. i ti, The above deed is a transfer between husband and wife by way of . .. ntV ;w^{ o gift. No cash or other consideration, except love and affection, lxvF, ; ,1' o was exchanged. No transfer taxes should be due or payable by reason thereof. sitt . fi a, m c 1 j. ` Daed February 26 , 1971 —...""'+,:k_ ` STATE OF CALIFORNIA }55. 2'It COUNTY OF LDs Angeles t •' on February 26 , 1971 blare me,the lade.. :'' cl •ipnuL a Nolo" Public in and for said State.peonn.Iiy appeared 10 ' Ar Robert R. Parish ""# known m me 'PE OFFICIAL SEAL m be ae peraon—_whose uses la .Rbe<r Ledio the wit, y/ JUDY L. MAPLES 4(7 and acknowledged that_he executed the.sine Cs.Y WIMPY PPIA lees.mava y�} R'ali\ESS hand end olhoal seal\ y� omm SN ELES eOVNiY S•jY dOy�/l/n!• RYEomm nErplee0a.16.1914 Signature � / A tlli.Y+..'I Name(Typed or Printed) - ITea.saes r..ana m.n.l..n Tide Order No. Escrow or Loses No i 'flit . MAIL TAX STATEMENTS AS DIRECTED ABOVE a' t • 4rad. .t� ,.$Y=•s=f1K d: 1T ISM e t cP,s 14 }• FL r:•4 i'1.1., ,• 1 ,4 ----'�' � ;.s Aj� H} i .. „ k.s.4, ,�'e T si a -Y F � A 'pi ��1 a!,'t4tw �'h'�.w 4•i�k?t •4• i1y .�� 4 .-.ay Ni 1, '.tr 1 1 5,� ••et. ~ e.•,•, 2.411• `X,15. 4 +K r ;�.<•A.l•r '•F` yw.1 .., 4 , :' I.b iM .{. ,+al I1411111.40 p In4a pre 0141)640 0$/IS/al ! lira `}1`6.00 1/007 r n114 wan% anti rrtrr.Msr 1pl CLERK t nrCOPDE'R WF:l.b CO, CO Rteerding Regveated Ny ARIES i?. DONA[TT, Attorney at t.aw When Recorded Mail To Hebert R. and Doris A. Pariah, Motets PARISi1 FAMILY 1984 TRUST 3909 Beck,. Road, Sp. 123 • Fallbrook, California 92028 Mall Tax Statements To Same As Above GRANT DEED - TRUST TRANSFER The undersigned grantoes declares No State Documentary Fee is due as this is a transfer to a revocable trust In which both of the grantors are trustees and beneficiaries; This Is not a transfer for consideration, but only a change In the manner of holding title; AND POR a valuable considerctlon, receipt of which is hereby acknowledged, • ROBERT R. PARISH and LORIS A. PARISH, husband and wife, es Joint Tenants, with the right of survivorship, and convey hereby grant/to ROBERT It. PARISH and WAGS A. PARISH, Trustees of the PARISH FAMILY 1984 TRUST, Dated April 30, 1984, the reel property in the County of Weld, State of Cokndo, described on EXHIBIT 'A; ' attached hereto and incorporated herein by reference. Doted; „ht t1G Z6 1984. ROBERT R. PARISH LORIS A. PARISH STATE OF CALIFORNIA at. COUNTY OF SAN DIIL7O J On .___ su.t5 2$ , 1984, before me, a Notary Pattie in and foe said State, p•:rsonally appeared ROBERT R PARISI! and LORIS A. PARISH arsons to ea to be the persons whose narnce are subscribed to the within instrument and aeknowtedged that they executed the sanr. WmiEsS my hand and official seat.• v - Nots y Public OESICIAL SEAL JA)/(4 G COIAxt • .or.Il rilC CMe a...A WI Cell Cw, e towsfl , nn e.M W! I, Iwa 1 Y . .. w • I ♦ ♦ P 1040 REC 01477640 OR/I5/R4 11x29 $fi.00 2/002 r 0 335 MARY ANN FEVEHSTEIN CLERK 6 RECORDER WELD CC, CO EXHIBIT "A" • The South half of the Southwest quarter of Section 32, • Township 5 North. Range 67 West of the Eth P.M. , Weld County, Colorado, including one (1 ) share of the capital stock of the Consolidated Hillsboro Ditch Company, and thirty-one (31 ) shares of The Home Supply Exter.sion Ditch Company. i I • • • • • Y • • / .en../...•a.+.+rm.rv. aw��m•+.a+R.. w'aw-r^,'S♦vRt`TYr..'v _ ♦,.s.a.`...�....� • r , . • _ ♦ �L a. ♦. .. _<. _ ._ , teans thThe erColo o Real of e form been approved-99 by the Colorado Real Estate Commission.(CBS 3-9-99) YOPOIWirlit THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (VACANT LAND - FARM - RANCH) Date: February 15, 2000 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, John Donaldson and/or his assigns will take title to the real property described below as ❑ Joint Tenants fl Tenants In Common r I Other tenant in __ _—_sev-eralty --_ _ _ b. Property. The Property is the following legally described real estate: The Parish Farm,_ approx. 80. acres Sl/2 SW 14, Section 32, Township 5 north, Range 67W. -- in the County of - -- - - ----- - - weld Colorado, commonly known as No. one mile North of Johnstown on wCR 50,-_Colorado Street Address - - - ----- — City State Zip together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. c. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 §5a Loan Application Deadline - n/a 2 §5b Loan Commitment Deadline _ _ _ _ __ __n/a 3 §5c Buyer's Credit Information Deadline - ---- - n/a 4 §5c Disapproval of Buyer's Credit Deadline n/a 5 §5d Existing Loan Documents Deadline n/a 6 §5d Objection to Existing Loan Deadline n/a al 7 §5d Approval of Loan Transfer Deadline n/a 8 §6a Appraisal Deadline n/a 9 §7a Title Deadline _ 2/29/00 10 §7a Survey Deadline - - - _ 3/16/06" -- - 0 ____ _ __-_ __ 11 §7b Document Request Deadline 2/29/00 12 §8a Ttle Objection Deadline --- - - _-- 3/8/00 13 §8b Off-Record Matters Deadline 3/8/00 14 §8b Off-Record Matters Objection Deadline 3/10/00 15 §10 Seller's Property Disclosure Deadline 2/29/00 16 §10a Inspection Objection Deadline _ 2/29/00 17 §10b Resolution Deadline - - --- 3/8/00 18 §11 Closing Date 4/10/00 19 §16 Possession Date Delivery of Deed 20 §16 Possession Time Delivery of Deed 21 §28 Acceptance Deadline Date - 00 2/18/00 22 §28 Acceptance Deadline Time 12:00 p.m. d. Attachments. The following exhibits, attachments and addenda are a part of this contract: n/a e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" means not applicable. 3. INCLUSIONS AND EXCLUSIONS. a. The Purchase Price includes the following items (Inclusions): (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, sprinkler systems and controls, and n/a (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, storage sheds, and all keys. Check box if included: I--.' Smoke/Fire Detectors, ;—j Security System(s); and n/a __ b. Instruments of Trahser. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and encumbrances, except as provided in §12. Conveyance shall be by bill of sale or other applicable legal instrument(s). Any water rights shall be conveyed by stock certificate deed or other applicable legal instrument(s). c. Exclusions. The following attached fixtures are excluded from this sale:n/a 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. Re erf ence- -" Tfem- _--- ------------ - jT �Amoti� Amount 7 1 §4 rPurchasePrice .- §4a Earnest Money $ 3 §Ab - New-Loan n/a 4 §4c Assumption lance n/a 5- i §4d — - Seller or Private IF nancing n/a 6 I I §4e Cast Closing 1-TOTAL _ — $ a. Earnest Money. The Earnest Money set forth in this Section, in the form of check is part payment of the Purchase Price and shall be payable to and held by Title company , in its trust account, on behalf of both Seller and Buyer. The parties authorize delivery of the Earnest Money deposit to the Closing Company, if any, at or before Closing. b. New Loan. (Omitted as inapplicable.) . c. Assumption. (Omitted as inapplicable.) d. Seller or Private Financing. (Omitted as inapplicable.) e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Application. (Omitted as inapplicable.) b. Loan Commitment. (Omitted as inapplicable.) c. Credit Information. (Omitted as inapplicable.) d. Existing Loan Review. (Omitted as inapplicable.) 6. APPRAISAL PROVISIONS. a. Appraisal Condition. This subsection a. [I Shall X Shall Not apply. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined by an appraiser engaged by n/ . The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the Purchase Price, received on or before the Appraisal Deadline (§2c). If Seller does not receive such written notice of termination on or before the Appraisal Deadline (§2c), Buyer waives any right to terminate under this subsection. b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by I: Buyer H Seller. 7. EVIDENCE OF TITLE. a. Evidence of Title; Survey. On or before Title Deadline (§2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is checked, li An Abstract of title certified to a current date. If a title insurance commitment is furnished, it ❑ Shall X Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, • (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics' liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by r [ Buyer X Seller. An amount not to exceed $ -_. 3.O00,00__-- for the cost of any improvement location certificate or survey shall be paid by H Buyer X Seller. If the cost exceeds this amount, _Buyer - shall pay the excess on or before Closing. The improvement location certificate or survey shall be received by Buyer on or before Survey Deadline (§2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing. b. Copies of Exceptions. On or before Title Deadline (§2c), Seller, at Seller's expense, shall furnish to Buyer, (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a title insurance commitment is required to be furnished, and if this box is checked x Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§2c). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The abstract or title insurance commitment, together with any copies or summaries of such documents furnished pursuant to this Section, constitute the title documents (Title Documents). 8. TITLE. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline (§2c), or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accantc thin rnnriifinn of tithe ne elie.d..en.i k, 4k,-, r41.. n__...__._ • INCREASE IN MILL LEVIES. BUYER UI-IOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is received by Seller on or before Off-Record Matters Objection Deadline (§2c), this contract shall then terminate. If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) or commitment terms as provided in §8 a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before Closing, waive objection to such items. e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline [§2c] and Off-Record Matters Objection Deadline [§2c]). 9. LEAD BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensee(s), which must occur prior to the parties signing this contract. 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline (§2c), Seller agrees to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§2c): (1) notify Seller in writing that this contract is terminated, or (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to Correct). If written notice is not received by Seller on or before Inspection Objection Deadline (§2c), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution Deadline (§2c), this contract shall terminate one calendar day following the Resolution Deadline, unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections, surveys, engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller in connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the termination of this contract. 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing (Closing). Closing shall be on the date specified as the Closing Date (§2c) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by See Additional Provisions 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with §8a [Ttle Review], b. distribution utility easements, c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with §8b [Matters Not Shown by the Public Records], and d. inclusion of the Property within any special taxing district, and e. the benefits and burdens of any declaration and party wall agreements, if any, and f. other n/a 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by X One-Half by Buyer and One-Half by Seller L J Buyer j Seller Li Othernia The local transfer tax of ur Price shall% of the Purchase Price shall be paid at Closing by I I Buyer nj Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by LI Buyer ❑ Seller. 15. PROBATIONS. The following shall be prorated to Closing Date, except as otherwise provided: _. T a. Taxes. Personal property taxes, if any, and general real estate taxec fnr the weer ..r , is delivered. 17. NOT ASSIGNABLE: This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 18. CONDITION OF, AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. a. Casualty; Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before the Closing Date (§2c). In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to a credit, at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase Price. b. Damage; Inclusions; Services. Should any Inclusion(s) or service(s) (including systems and components of the Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s)with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s) or fixture(s) is not the responsibility of the owners' association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in §3 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. c. Walk-Through; Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a. If Buyer is in Default: I (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. X (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved 30 calendar days from the date written notice requesting mediation is sent by one party to the other(s). This Section shall not alter any date in this contract, unless otherwise agreed. 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Earnest Money and things of value held by broker or Closing Company (unless mutual written instructions are received by the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to take any action but may await any proceeding, or at broker's or Closing Company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to §§10c, 21 and 22. 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) 1. Buyer is a real estate broker licensed in the State of Colorado. 2. Seller shall provide at Seller'sexpenset a current survey of the property.. 3. From and after the date of the Seller's execution of this contract, Buyer and its agents, may enter upon the property for the purposes of making surveys, soils tests, obtaining topographical information and for other similar testing. Buyer agrees to indemnify and hold Seller harmless from any and all claims and/or charge of liability, including personal injury or_death, mechanic's liens or any other potential liability, arising from the preparation of any survey and engineering data or any other charges incurred by Buyer arising from the engagement of consultants for the purposes of making investigations, studies, plats, or development of the property. Rn.rer __A _ . - . _ - 25. ENTIRE AGREEMENT; Sb'SEOUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures X May I I May Not be evidenced by facsimile. Documents with original signatures shall be provided to the other party at Closing, or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in §21, any notice to Buyer shall be effective when received by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 28. NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance pursuant to §27 on or before Acceptance Deadline Date and Acceptance Deadline Time (§2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Buyer John Donaldson _ -- Buyer Date of Buyer's Signature: February 11,_2000 _ Date of Buyer's Signature: Buyer's Address: 4529 S. Stover Street Buyer's Telephone No: -_-- - _(970) 204-0125 _ . Fort Collins, Co 80525 _ _ Buyer's Fax No: __. (970, 204-0310 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to §29] Seller �-/ - - - - -- -- ci --- 4 Seller Date of Seller's Signatures/// /T j / p c '�z _ Date of Seller's Signature: L s �,� � _ /� �,1 Seller's Address: ,3 p ,u - �- J Seller's Telephone No: 7,- f d9-/%.iC_r'cyk� �"'�g�. 'f'�ry !!-1- �i ° caY Seller's Fax No: — 29. COUNTER; REJECTION. This offer is I Countered j Rejected. Initials only of party (Buyer or Seller)who countered or rejected offer END OF CONTRACT Note: Closing Instructions should be signed on or before Title Deadline. BROKER ACKNOWLEDGMENTS. The undersigned Broker(s) acknowledges receipt of the Earnest Money deposit specified in §4 and, while not a party to the contract, agrees to cooperate upon request with any mediation conducted under §21. Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as i j Buyer Agent H Seller Agent/Subagent [ I Dual Agent X Transaction-Broker. Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as '_] Seller Agent II Dual Agent fl Transaction-Broker. BROKERS' COMPENSATION DISCLOSURE. Selling Company's compensation or commission is to be paid by: n Buyer X Seller O Listing Company H Other 2% Commission shall be to Selling Company (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by j-1 Buyer X Seller . Other: Selling Company: _ Timberline Development Group, Inc. (Name of Company) By: 2-11-00 Signature John Donaldson Date Selling Compan Address: 45293. Stover St. Selling Company Telephone No: (970) 204-0125 Fort Collins, Co 80525 _ Selling Company Fax No: rQ7nl Acm-train ADDITIONAL PROVISIONS (continued) 24. ADDITIONAL PROVISIONS (continued). (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) Concerning the Property know as: c. There are no assignments, executions, assignments for the benefit of creditors, receiverships, conservatorship or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtors relief laws contemplated by Seller or pending against Seller or the property_which would not be otherwise disclosed by a diligent search of the public records. d. There are no contracts or other obligations outstanding for the sale exchange or transfer of the property or any portion thereof. _ _. e. Seller warrants that no recorded exceptions has ever been applied for or received on this property_-� - - - - - -- _ - - - - -- 5. Price and Terms: The total purchase price shall be _Ash at closing. Upon acceptance of this contract, Buyer shall pay a non-refundable earnest money deposit of which shall apply to the purchase price. 6. Buyer shall receive all interest in all minerals, oil and gas1sand and gravel and _ hydrocarbon appurtenant to the subject property. FROM : LAW OFFICE OF LARRY LUSH—"e0 PHONE NO. : TEL 945 1031 Feb. 18 2000 09:25k1 P4 co7,G71-- Independent Investigation by Buyer. Notwithstanding anything to the contrary contained in the Contract to Buy and Sell Real Estate dated February 11, 2000, between John Donaldson and Robert R. Parish and Doris A. Parish, as Trustees, or any counteroffers thereto, Buyer represents and warrants that it accepts the Real Property and all improvements thereon in its "AS-IS" condition as of the Closing Date. Buyer's purchase of the Real Property is based entirely on Buyer's own independent investigation and analysis, to the extent deemed necessary or appropriate, concerning the physical condition, use and occupancy of the Real Property. Such investigation and analysis includes, but is not limited to: the size, dimensions, location and topography of the Real Property; the soil conditions of the Real Property; the availability and adequacy of water, sewage and other utilities serving the Real Property; the affect, if any, of any water rights affecting the Real Property, whether or not of record; present and future governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions, condilioris or requirements affecting [lie use, density, toning, improvement, permits, or lack thereof, development, occupancy or use of the Real Property, including, but not by way of limitation, any rules, regulations or orders issued by any governmental or quasi-governmental agency; the necessity and availability of any governmental permits, approvals or acts; the necessity or existence of any easements, dedications, improvements, foes, charges, costs or assessments that may be imposed in connection with any regulations or the obtaining of any required permits; the existence and affect of covenants, conditions, restrictions and requirements set forth In recorded documents affecting the Real Property, if any; matters concerning environmentally sensitive lands; expenses in connection with the Real Property, building permits, and the presence or threatened presence of any ha7ardnus materials, pollutants, or contaminants of any kind on or relating to the Real Property. Buyer is entering into this Agreement in reliance solely on Buyer's own independent inspections and investigations of the Real Property. Buyer acknowledges that Seller has not made any representation or warranty, either express or implied, with respect to the condition of the Real Property or any other aspect of the Real Property. Buyer is not relying upon any oral or written representation, except as contained herein, made by Seller or any of Seller's agents or employees or upon any information contained in any documents delivered to Buyer by Seller, if any. No patent or latent physical condition of the Real Property, whether or not now known or discoverable or whenever discovered, shall affect the rights of Seller or Buyer. Any agreements, warranties, or representations not expressly contained in this Agreement shall in no way bind Seller or Buyer. .2//y/boa c? /� 0d LITTLE fHOMPSON WATER DISTRICT DIRECTORS: Telephone(970)532-2096 Tom Reynolds 835 E.Highway 56 President Leo Bake! March 24, 2000 eG Keith Croonquist Berthoud.tor Colorado 80513 Glenn W Gibson Dean Anderson Carey J.Salomonson James W Stroh MANAGER: Richard H.H.Wham John Donaldson 4529 S . Stover St . Fort Collins, CO 80525 Dear Mr. Donaldson : This letter is in response to your request for a water service commitment for up to 2 residential lots, in the proposed subdivision described as follows : PORTIONS OF The S.W. 1/4, SEC.14, T5N, R67W -- WELD COUNTY, CO The District provides water service within its service area as defined by the District . The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time . You may obtain a copy of the Rules and Regulations from the District . This letter outlines the povisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulatuons . The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District . We currently have an 6" Dia. water line located along WCR 50 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are : 1 . In August of 1993 the Little Thompson Board implemented a "system impact" fee of $1050 per lot for all lots to be added to the system. This is due upon application for the taps . 2 . All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations . All improvements must conform to District Specifications . This commitment letter will expire one year from the date of this letter if the taps have not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8 " X 3/4" tap is $17, 000 . 00 . YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me . Regards, Michael T. Cook P.E . District Engineer Ie2 - n N '1°3 - / mm 0 1 Fes° ^Ai g'y 6 E 3pry oft,o 0 A- .' 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