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Home My WebLink About20141240.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 16, 2014 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, April 16, 2014, at the hour of 9:00 a.m. F ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Controller, Barbara Connolly El MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners meeting of April 14, 2014, as printed. Commissioner Conway seconded the motion, and it carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. F CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. PRESENTATIONS: F 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE — PETE WAGONER: Chair Rademacher read the certificate for the record. Sheriff John Cooke spoke about Mr. Wagoner's varied history with the Sheriffs Office, 1988-2014, from patrol officer to field evidence technician to commander in the jail. He noted that his 2005 Employee of the Year Award and 2006 Ribbon of Merit are just a couple of examples of his outstanding service. Mr. Wagoner thanked the Sheriff, and said it has been an incredible 26 years with Weld County, and 32 years in law enforcement, and he gave some words of wisdom for younger officers. The Board thanked Mr. Wagoner for his professionalism and excellent representation of the Sheriff's Office, and service on behalf of the citizens of Weld County. 5)(4, Minutes, April 16, 2014 2014-1240 Page 1 BC0016 PUBLIC INPUT: John, Marisa and Clarissa Bell, County residents, spoke in reference to a proposed amendment to a recorded exemption. Bruce Barker, County Attorney, explained this issue would need to come back before the Board on appeal, and therefore the Commissioners should not hear the details at this time. Commissioner Freeman said he would discuss this case with Tom Parko, Director of the Department of Planning Service, today, and notify the Bells as to its status. Mr. Barker said he can listen to their concerns with impartiality, and allow the Board to remain neutral on this issue. ID Steve Teets, County resident, spoke regarding his objection to the Board's replacement of the current members of the High Plains Library District Board. Chair Rademacher confirmed the day-to- day operations of the libraries will not be affected and said the towns/members that comprise the library board do have the legal authority to take this action. He said there have been ongoing meetings trying to resolve the issues for almost a decade; it was a difficult decision, but one that needed to be made. He asked Mr. Teets to consider reading the recent op-ed in the Greeley Tribune, written by the Mayor of the Town of Eaton in order to gain better understanding of the history of this issue. Commissioner Conway said this conflict is about trustees approved by the library board not equally representing all of the partners of the district. He said at noon there will be a meeting with the Greeley City Council to discuss the issue, and it is unfortunate they were not previously more engaged. Commissioner Freeman said this is a matter of fairness to the member libraries in the smaller communities. IR Mr. Teets referred to the lack of bus service availability for getting to and from work early and late and his repeated requests for better sidewalks and handicap access to travel around the City of Greeley. He asked if the Board has any authority to influence Greeley's services and the answer was negative. The Board recommended Mr. Teets continue going to the Greeley City Council meetings and expressing his specific concerns, as well as speaking with their public works department. Mr. Teets said he wanted to make sure that the Board was aware of upcoming community oil and gas meetings. El Doug Meyer, County resident, commented on an article on the Weld Groundwater Bill, and thanked Commissioners Rademacher and Conway for working on the South Platte Roundtable. He said the issue is greed; some farmers want to take more water than they need because it can drive their competition out of business. He also referred to HB1028, and read a description of that into the record in regard to State versus Federal water rights. Lastly, he commented on a recent editorial in the Greeley Tribune: REMOTE TESTIMONY MAKES SENSE FOR LEGISLATURE, regarding public video commentary. Chair Rademacher said HB1332 is being heard today and has a good chance of passing, and its objective is to continue with the study, although it has been watered down. He also stated the federal government has been trying to usurp state water rights for a long time. COMMISSIONER COORDINATOR REPORTS: Commissioner Conway said there was a good hearing on the Phillips County Idea; he reported the bill was defeated by a party line vote; however, there is discussion about putting it on the ballot in spite of that via petitions and a ballot title has been taken out already. He reported that HB1332 will be taken up this morning in the House Agricultural Committee. The testimony went from 1:30 p.m. to 11:00 p.m. last night, and it will likely be passed today. He commended Representatives Saine and Fisher and said there was concurrence at the South Platte Roundtable that this is the main issue for the coming year, after the statewide water plan is completed. He said the rising water table is causing property damage and is a problem that needs to be solved; science and data are needed to understand the issue, and if the legislature does not act, the South Platte Roundtable will. Minutes, April 16, 2014 2014-1240 Page 2 BC0016 BIDS: SD 1) APPROVE BID #B1400065, ROOF TOP UNIT - 1402 BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, said staff is recommending the low bid from Westo Systems, Inc., in the amount of $63,392.00. Commissioner Garcia moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Freeman, and it carried unanimously. NEW BUSINESS: El 1) CONSIDER RELOCATION AGREEMENT FOR INTERSECTION OF CR 44 AND CR 49 AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO: Richard White, Department of Public Works, said that the agreement is ready and needs to be executed so that electric poles can be ordered. Commissioner Conway moved to approve said relocation agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. PLANNING: Ei 1) CONSIDER REQUEST OF MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) FOR EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMENDED USE BY SPECIAL REVIEW PERMIT #1259: Michelle Martin, Department of Planning Services, said the amended USR was approved on May 2007, and the plat was recorded on April 10, 2009. In May 2011, additional time was requested for commencing operation; they were granted until April 14, 2014, and they are again requesting additional time to commence operations. She said from a community relations standpoint, having two crushing operations active at the same time is not ideal, and the applicants would like to completely mine out the east side before moving to the west side, which could take from 5 to 10 years, and was delayed by the recent economic downturn. Ms. Martin said that planning staff is in support - with the understanding that operations will commence on or before April 2019. James Sham and Julie Mikulas, from Martin Marietta Materials, gave a brief history of the USR, and said many sites were at 50 percent capacity or closed during the economic downturn, which slowed down progress on this project. In the meantime, if an extension is granted, the west side can continue to be utilized for farmland and irri ation. El Chair Rademacher opened the floor to public comment, and none was forthcoming. ti Commissioner Conway moved to approve said extension of time to commence operations due to the common sense nature of the issue and less truck traffic impact. The motion, which was seconded by Commissioner Freeman, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, April 16, 2014 2014-1240 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:55 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTXCOLORADO ATTEST: C� fd �y-J_;� 0.f(b (mod/ (� rr�! G •�.rio uglaL adem er, Chair Weld County Clerk to the Board I'? u , CUSED Br (� � � ! bara Kirkmeyer, Pro-Tem it C De Lily Clerk to the Boar. S� ire- . 'nu" '_, ,r (c? -n P. Conway loo u Mike Freeman ills m . Garcia Minutes, April 16, 2014 2014-1240 Page 4 BC0016 To The Board of Weld County Commissioners P.O. Box 758 Greeley Co 80632 Amended Exemption RECX13-0004 John M. Bell and Marisa J. Bell P.O. Box 725 25361 Weld County Road 53 Kersey CO 80644 970-302-4477 970-396-0731 Marisabell2002@yahoo.com ,�pEXH�IB,EXHIBIT q��"r�• bli4 *, �Co - Weld County Colorado April 15, 2014 County Commissioners P.O. Box 758 Greeley Co 80632 Re: Amended Exemption No. 0963-29-4 RECX 13-0004 Dear Weld County Commissioners, Our Amended Exemption No. 1602,dated Nov. 30,2012 has been delayed due to misunderstandings,of the legality of our 30'dedicated perpetual easement agreement recorded on the map and Property Owners Certificate,July 21, 1994. John M. Bell and Marisa J. Bell,we, being land owners at 25361 Weld County Road 53, Kersey CO 80644, Respectfully request: The approval of our amended recorded exemption,with the acknowledgement of our 30'dedicated and perpetual easement on Uyemura lot B for the benefit of our(Bell) Lot A, per the map and Property owner's certificate, recorded July 21, 1994.We also request the ability to use our dedicated-perpetual easement agreement that was recorded with our Warranty Deed, purchase contract, map and Property Certificate when we purchased our land on July 21, 1994. Please refer to (TAB-A),the easement agreement Recorded July 21, 1994,on the map and Property Owners Certificate. The Property Owner's Certificate,stating: We, Melvin and Ola Faye Brug, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I understand this property is located in the A-Agriculture zone district and is also Intended to provide areas for the conduct of other uses by right,accessory uses by special review. I do hereby dedicate,for the benefit of the property shown or described heron,easements for the purposes shown or described hereon. Please refer to(TAB-B),The Department of Planning Services Recorded Exemption Administrative Review page 2of 5,#3. C. A minimum of a 30 foot wide joint access and utility easement extending across Amended Lot B of RE 659( at present Lot A Exemption NO.0963-29-4-RE2291 and Lot B Exemption NO.0963-29-4-RE2291) and Lot B of RE 1602 for the benefit of Lot A and B of RECX13-0004 shall be shown clearly on the plat. This easement shall be created with a separate document and recorded with the clerk and recorded. The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private,or deeded to provide adequate access to the parcel. Please refer to(TAB-C)the Dedicated-Perpetual easement agreement Recorded March 11, 1996. Please note the Original Easement Agreement is a 30'dedicated-Perpetual Easement agreement granted by Lot B RE 659 and Lot B of RE 1602,for the benefit of Lot A 1602. This easement is shown clearly on the plat. Ifs created in a separate document and is recorded with the clerk and recorder on March 11, 1996. Please refer to(TAB-D),the signed easement agreements. Per the conditions listed on the Department of Planning Services Recorded Exemption Administrative Review,concerning a new easement agreement: We have agreements signed and notorized by two of the adjacent land owners. We will not receive the third and final land owner's signed agreement from Lot B Uymera,because of the attempt to abandon the legal property rights to our 30'easement. Please refer to(TAB-E),the application of a Minor Subdivision through Weld County Planning and Zoning records.For Lot B Amended Recorded Exemption No.0963-29-4-AmRE-1602 for Abandonment of 30' utility easement. Within this application you will not find any release of interest or rights to the 30'easement,that was created for the benefit of Lot A Bell. No just compensation was received. No notification was made to us or received by us. Please refer to(TAB-F),the Ownership and Encumbrance Report from Heritage Title Company for Mathew J. Uyemura and Julie M. Uyemura. Lot B,Amended Recorded Exemption No. 0963-29-4-AmRE-1602, being part of the N1/2 of the SE1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M.,Weld County, Colorado,as per map recorded June 15, 2004 at reception Number 3189158,together with and subject to the burdens and benefits of Right-of way Easement Agreement recorded March 13,1996 in Book 1537 as Reception No. 2480693. The title companies will issue Lot B(Uyemura)a title Insurance policy,only with the 30' easement included,for the benefits of Lot A, (Bell),according to Colorado State Law. Please refer to(TAB-G),Title Insurance,Warranty Deed and Vacant Land/Farm Contract to buy and sell. On January 17, 1996,as a contingency in our purchase contract,we required access to Lot A from County Road 53 and recorded easements for water, power and phone lines through adjacent properties to Lot A. Our recorded Warranty deed,map, Property Certificate, Easement Agreement and Land Purchase Agreement are not only legal,but also represent our foresight in planning for our future.We knew when we looked at buying this land,that we would be able to exempt the property for future needs.This is why we had our 30'easement as a contingency within the purchase contract Our family is compromised with disabilities,life threatening illness and financial hardship. Because of these,it became necessary to exempt our lot A and sell our home in order to, regain financial stability. It is crucial to our family,that you the board of Commissioners please take the time to seriously consider our request in the use of our 30'easement for Utilities,water and phones, as well as a compromise to the easement agreement. The elapsed time, inability to fulfill purchase contracts on our home,extended mortgage payments, attorney fees and stress has added to our financial demise and declining health. We respectfully ask for your help and remedy to our plight,as this is no fault of our own. Due diligence and time being of consideration we await your reply,to enable the finalization of our Amended Exemption RECX13-0004. ully, John ;e and Marisa J. Bell b a 3 T 8 4!-j hg� Eai {, ,y� l Z :tr en au ,. S F Sc'ELI YE i, to a , ' = a€ W gi �; 11p..4 !II ggE; 4 .- e f ig8rg. 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""\ C „� a r� sSg€ `r 2, u n 7,.. a mran .3..Eta it A: _i tint r4 Jq a W N Y p $ � f tli m B 3 F a 7' ws 4,ra =i.S2 ZI=4-4's= 44 .J "� w _ is tom .h n 11 0 Ph ay g li eS .Li'C99 . , pp 5 Y .rsi i.+9 e> 4 yin's),rn .-. ,ie'Gig .M.61040014r M 2;I� 1-.w,ze'an -M zo.otn) ... �-* i t 1 an Oda;;; -C g ■• i86r Nr DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION L I) r.! = ADMINISTRATIVE REVIEW a' rf r•r.,;titY • Applicant: John and Marissa Bell I RECX13-0004 I Planner: Tiffane Johnson Legal Description: Lot A of RE-1602; N2 SE4 part of Section 29, T5N, R64W of the 6th P.M., Weld County, CO Parcel ID#: 0963 29 0 00 055 Lot A Size: 7.00+1- access Lot B Size: 14.21+l-acres Water Source: Lot A-CWCWD Tap#1531 Sewer System: Lot A-Septic#SP-9600634 Lot B-Proposed CWCWD Lot B -Proposed Septic 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. B 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. Narrative Narrative The applicant is proposing to split this 21.12 acre parcel into 2 Lots. Lot A is proposed to be 7 acres in size and Lot B is proposed to be 14 acres in size. There is an existing residence on proposed Lot A. Lot A is served by an individual sewage disposal system (SP-9600634) and Central Weld Water(Tap No. 1531). A new Central Weld Water tap and individual sewage disposal system will be installed when a residence is constructed on proposed Lot B. RECX13-0004 Page 1 of 5 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. 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. Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. 3. Prior to recording the plat: A. The applicant shall submit a sketch of the existing septic system in relation to the proposed lot line to the Weld County Department of Public Hearth and Environment. Evidence of approval shall be submitted to the Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE-7 as stated in the referral response dated November 7, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. A minimum of a 30 foot wide joint access and utility easement extending across Amended Lot B of RE 659 and Lot B of RE1602 for the benefit of Lot A and B of RECX13-0004 shall be shown clearly on the plat. This easement shall be created with a separate document and recorded with the clerk and recorded. The reception number for this easement document shall be indicated on the plat. The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. The reason for obtaining the easement is to ensure the adjacent property owner is aware of the proposed changes and gives permission for access given the potential for additional traffic on the roadway. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0963-294 RECX13-0004. B. Label the existing access easement from CR 53 with the recording information. C. The applicant shall place on the plat the proposed 60' access and utility easement (a minimum 30 foot wide access and utility easement is required) extending across Lot A of RECX13-0004 for the benefit of Lot B of RECX13-0004. The easement shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. 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 RECX13-0004 Page 2 of 5 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. E. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-40 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 B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit,the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 7) 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. 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 29-3-20.8.13 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. RECX13-0004 Page 3 of 5 9) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 10) Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 11) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change g 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 buming; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The applicant shall submit a electronic version (.pdf) or 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. 7. 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 may be added for each additional 3 month period. 8. 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 dhuertera,co.weld.co.us 9. The Weld County Department of Planning Staffs 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: March 19, 2013 Tiffane Johnson, Planner I 4-' e—I9E3 10:31AM FROM WELD COUNTY TITLE 970 356 32d8 P. 2 RIOT-OF-VAT EASEMENT AGREEMENT For good and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, the undersigned, 0, A. Vrooman and Nancy Davis Vrooean, being the owners of record of Amended Lot B of Recorded Exemption No. 0963-29-4-RE659, located in the NE1/4 of the SE1/4 of Section 29, Township 5 North, Range 64 Vest of the 6th P,M, as per map recorded April 18, 1984 in Book 1027, Reception No, 1963512, Veld County, Colorado records, f'Asended Lot B') do hereby grant and dedicate a perpetual right-of-way easement over the north 40 feet of Amended Lot B to Nelvin Brug and Ola Fae Brug, owners of record of lot A and Lot B of Recorded Exeption No. 0963-29-4-RE1602, located in the NI/2 of the SE1/4 of Section 29, Township 5 North, Range 64 Vest of the 6th P.A., as per eap recorded July 21, 1994, in Book 1451 as Reception No, 2398693, Vold County, Colorado records, ('Lot A' and 'Lot B') for the purpose of ingress, egress, and utility installations for the benefit of Lot A and Lot B. The undersigned do hereby agree to keep the north 40 feet of Amended Lot B clear of all bushes, trees, shrubbery and other plants, fences, gates, buildings, machinery, autosobiles, trash, rubbish, debri, and other objects, materials and substances, and to allow the construction, use, saintenance, and repair of roadways and utility lines that benefit said Lot A and Lot B. in addition to the above described 40 foot right-of-way easement, the undersigned do hereby grant and dedicate a perpetual right-of-way easement across the south 30 feet of Amended Lot B to Melvin and Ola Fae Brug for ingress and egress for the purpose of installing, maintaining and repairing utility lines that benefit the above described Lot A and Lot 8. The undersigned agree to keep the south 30 feet of Amended Lot 8 clear of all, bushes, trees, shrubbery and other plants, buildings, machinery, automobiles, trash, rubbish, debri, and other objects, materials and substances, and, when installing fencing between Amended Lot 8 and Lot 8, to install no less than a II foot wide gate opening between this right-of-way easement and Lot B. . Both of the above described right-of-way easeeents/agreements shall be binding upon all heirs, assigns, and successors of the parties named herein and shall run with the land for the benefit of Lot A and Lot B, f/jn Dated t ....1_1_,_is da of 1996, 8„. vrooma:I.Liviv es, ur ' . ncyi Di Da roman • k c Oow.Ry'EfaAfek a} �: r T �$efioC`, [irmmebt was acknowledged before me this �l_day of -12J��, 1996, by O. A. Ytem.��gmt!Davis Vrooman. itikm , Sy,hmmd and official seal, __ ._ . no ry „Ai & My commission expires: ? My Cd ......din.. ....t......e .4 199. 2480693 13-1537 P-315 03/13/96 03:18P PG 1 OP 1 EEC DOC Wald County CL) Clark & Wynn-lay 6.00 lof4) JOINT RIGHT OF WAY EASEMENT AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Greg A. Cobb and Lesley K. Cobb, being the owners of Record of Lot A of Recorded Exemption NO.0963-29-4-RE2291, do hereby grant and dedicate a perpetual right-of-way easement over the north 40 feet of Lot A to Brian D. Crosier and Joann L. Crosier being the owners of record of Lot B of Recorded Exemption NO.0963-29-4-RE 2291. Both Lot A(Cobb) and Lot B (Crosier) being a part of the NE1/4 of the SE1/4 of Section 29 Township 5 N, Range 64 West of the 6 P.M.,Weld County, Colorado, per map recorded October 6, 1998 at Reception NO.2645019,for the purpose of ingress, egress, and utility installations and maintenance for the benefit of Lot B (Crosier). For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the n L. Crosier, being the owners of record of Lot B of Recorded undersigned Brian D. Crosier and Joann B Exemption and Greg A Cobb and Lesley K. Cobb, being the owners of record of p Lot A of Recorded Exemption NO.0963-29-4-RE2291. Both Lot A(Cobb) and Lot B (Crosier) being a part of the NE1/4 of the SE1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado per map recorded October 6, 1998 at reception NO. 2645019, do hereby grant and dedicate a perpetual right-of-way easement over the north 40 feet of Lot A(Cobb)and Lot B(Crosier)to Matthew J. Uyemura and Julie M. Uyemura,being the owners of record of Lot B Amended Recorded Exemption NO.0963-29-4-AMRE1602, located in the N1/2 of the SE1/4 of section 29,Township 5 North, Range 64 West of the 6th P.M., as per map recorded June 15,2004, at Reception NO.3189158, Weld County, Colorado records, to include one or two recorded exemptions, per the requirements of Weld County, Colorado,and to John M. and Marisa J. Bell, being the owners of record of Lot A, Recorded Exemption NO.0963-29-4-RE1602 being a part of the N1/2 of the SE1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, as per map recorded JULY 21, 1994 in Book 1451 as Reception NO.2398693; together with and subject to the burdens and benefits of Right-of-way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO.2480693,to include recorded exemption NO.0963-29-4 RECX13-0004 per the requirements and approval of Weld County, Colorado,for the purpose of ingress, egress, and utility installations and maintenance for the benefit of Lot B Amended (Umeyura);to include one or two recorded exemptions per the requirements and approval of Weld County, Colorado, and to Lot A(Bell);to include Recorded Exemption NO.0963-29-4 RECX13-0004, per the requirements and the approval of Weld County, Colorado. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the undersigned being Mathew J. Uyemura and Julie M. Uyemura owners of record of Lot B Amended Recorded Exemption NO.0963-29-4-AM RE 1602, located in the N1/2 of the SE1/4 of section 29, Township 5 North, Range 64 West of the 6th P.M., as per map recorded June 15,2004 in Book 1451 as Te) Reception No, 3189158,Weld County, Colorado records, do hereby grant and dedicate a perpetual right-of-way easement over the north 40 feet of Amended lot B (Uyemura);to include one or two recorded exemptions of said lot B Amended, to John M. Bell and Marisa J. Bell, owners of record of Lot A for the purpose of ingress, egress, and utility installations and maintenance, for the benefit of Lot A Th Initials Initials 2of4( 0 a L.;c r _ ;, lit o .n . tig o : (Bell);to include Recorded Exemption No.0963-29-4 RECX13-0004 per the requirements and approval of Weld County,Colorado. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the undersigned John M. Bell and Marisa J. Bell being the owners of record of Lot A, Recorded Exemption NO.0963-29-4-RE1602 being a part of the N1/2 of the SE1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M.,Weld County,Colorado, as per map recorded JULY 21, 1994 in Book 1451 as Reception NO.2398693;together with and subject to the burdens and benefits of Right-of-way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO.2480693 and to be known as,when recorded; Lot A and Lot B of Recorded Exemption NO.0963-29-4RECX13-0004,do hereby grant and dedicate a perpetual right-of-way easement over the South 60 feet of Lot A(Bell); Recorded Exemption NO.0963-29-4RECX13-0004 to Lot B(Bell); Recorded Exemption NO.0963-29- 4RECX13-0004,for the purpose of ingress and egress, utility installation and maintenance for the benefit of Lot B (Bell). Both Lots,to be known as,when recorded, Lot A and Lot B, Recorded Exemption NO.0963-29-4RECX13-0004 being a part of the N1/2 of the SE1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. The undersigned do hereby agree to keep the north 40 feet of Lot A(Cobb), Lot B(Crosier)and Lot B Amended (uyemura):to include one or two recorded exemptions, per the requirements and approval of Weld County, Colorado,clear of all bushes,trees,shrubbery and other plants,fences,gates, buildings, machinery,automobiles,trash,rubbish, debris, and other objects, materials and substances,and to allow the construction, use,installations, maintenance, and repair of roadways and utilities that benefit said Lot A(Bell);to include recorded exemption NO.0963-29-4 RECX13-0004, per the requirements and approval of Weld County,Colorado,and Lot B Amended (Uyemura);to include one or two recorded exemptions, per the requirements and approval of Weld County, Colorado. In addition to the above described 40'foot right-of-way easement,the undersigned do herby grant and dedicate a perpetual right-of-way easement across the south 30 feet of Lot A(Cobb)to Lot B(Crosier); both with the recorded Exemption NO.0963-29-4-RE 2291,and to Mathew Uyemura and Julie Uyemura (Lot B),amended recorded exemption NO.0963-29-4-AMRE 1602;to include one or two recorded exemptions, per the requirements and approval of Weld County, Colorado, and to John M. Bell and Marisa J. Bell (Lot A), recorded exemption NO.0963-29-4-RE1602;to include recorded exemption NO. 0963-29-4 RECX13-0004 per the requirements and approval of Weld County, Colorado,for ingress and egress for the purpose of installing, maintaining and repairing utilities that benefit the above described Lot B (Crosier), Lot A(Bell),to include; Recorded Exemption NO.0963-29-4 RECX13-0004, per the requirements and approval of Weld County, Colorado and for the benefit of the above described Lot B Amended(Uyemura); to include one or two recorded exemptions of said Lot B amended(Uyemura), per the requirements and approval of Weld County,Colorado. The undersigned agree to keep the south 30 feet of Lot A (Cobb), Lot B (Crosier), and Lot B Amended (Uyemura); to include one or two recorded exemptions, per the requirements and approval of Weld County, Colorado, clear of all bushes, trees, shrubbery and other plants, buildings, machinery, automobiles, trash, rubbish, debris, and other objects, materials and substances, and when installing Initials • Initials l 3ofWage Joint Right - et wayAgreement fencing between Lot A (Cobb), Lot B (Crosier), Lot B amended (Uyemura); to include one or two recorded exemptions, per the requirements and approval of Weld County, Colorado and Lot A(Bell);to include recorded exemption NO.0963-29-4 RECX13-0004 per the requirements and approval of Weld County Colorado, for the benefit of Lot B (Crosier), Lot B Amended (Uyemura); to include one or two recorded exemptions,per the requirements and approval of Weld County,Colorado, and Lot A(Bell);to Include recorded exemption NO.0963-29-4 REO(13-0004 per the requirements of Weld County, Colorado, to install no less than a 14 foot wide gate opening between this right-of-way and the above joining lots. Lot B Amended (Uyemura) do here by grant and dedicate a perpetual 30 foot right-of-way easement running North and South intersecting lot B Amended (Uyemura),to the South East Corner of Lot A(Bell). For the benefit of Lot A (Bell); to include Recorded Exemption NO.0963-29-4 RECX-0004, per the requirements and approval of Weld County, Colorado, for ingress and egress for the purpose of installing,maintaining and repairing utilities. Lot B Amended (Uyemura);to include one or two recorded exemptions, per the requirements and approval of Weld County Colorado, agree to keep the North, South 30 foot perpetual right-of-way easement clear of all bushes, trees, shrubbery and other plants, buildings, machinery, automobiles, trash, rubbish, debris, and other objects, materials and substances, and when installing fencing on Lot B Amended(Uyemura) Intersecting the East,West 40 Foot dedicated, perpetual right-of-way easement, and/or the North, South 30 Foot dedicated, perpetual right-of-way easement,to install no less than a 14 foot wide gate opening. All of the above described right-of-way easements/agreements shall be binding upon all heirs,assigns, and successors of the parties named herein and shall run with the land for the benefit of Lot B(Crosier), Lot B Amended (Uyemura);to include one or two recorded exemptions per the requirements and approval of Weld County,Colorado and Lot A(Bell),to include Recorded Exemption NO.0963-29-4 RECX- 0004;per the requirements and approval of Weld County,Colorado. Dated this i 22 Day of 51-.34-7.- 2013 f A, Cat- 1&/ Greg A.CoW Lesley K.Cobb The foregoing instrument was acknowledged before me this / 2 day of June 2013 by Greg A. Cobb and Lesley K.Cobb. Witness my hand and official seal, ✓/':%! �,n My commission expires: k/2(1/2O 151 Notary Public SUSAN FRAME NOTARY PUBLIC A, STATE OF COLORADO Initials f NOTARY ID t 20004014110 Initials i MY COMMISSION EXPIRES AUGUST 25.2014 4of4` Page ) ? i n : °i ! t< i? ,- Jf wai Agreement Dated this 2-4,day of -\j,,1 2013 V--V\ o - - ' 1? C Brian D.Crosier Joann L Crosier The foregoing instrument was acknowledged before me this'l day off 1pil 1,2013 by Brian D. ----' V l 1 Crosier and Joann L.Crosier. Witness my hand and official sell My commission expires: /! / 9 - O/ -.tary Public p :'".A MARRS NOTAF STATE: :.01.11RADO mission 'rces I �` Dated this day of _ 2013 Matthew J. Uyemura Julie M. Uyemura The foregoing instrument was acknowledged before me this day of ,2013,by Matthew J. Uyemura and Julie M. Uyemura. Witness my hand and official seal, My commission expires: Notary Public Dated this day of 2013. John M. Bell Marisa J.Bell The foregoing instrument was acknowledged before me this day of ,2013,by John M. Bell and Marisa J. Bell. Witness my hand and official seal, My commission expires: Notary Public Initials --- r nLmi-fGW L.vuN I Y 1 I TLE - 970 3GC 3248 _ p 2 • • RI6NT-OF-VAY EASEMENT AGREEMENT For good and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, 'the undersigned, 0, ft. Vroonan and Nancy Davis Vroosan, being the owners of record of Aaended Lot B of Recorded Exception No. 0363-29-t-RE659, located in the NEI/4 of the SEl/S of Section 29, Township S • North, Range 6d Vest of the 6th P,M, as per lap recorded April 18, 1984 in Book 1027, Reception No, 1963512, Veld County, Colorado records, ('Mended Lot B') thereby grant and dedicate a perpetual right-of-ray easesent over the north 40 feet of Mended Lot 8 to Melvin trug and Olt Fie hug, owners of record of Lot A and Lot B of Recorded Exeption No. 0963-29-4-RE1602, located in the Ni/2 of the SE1/4 of Section 29, Township 5 North, Range 64 Vest of the 6th P.R., as per sap recorded July 21, 1994, in Book 1451 as Reception No, 2398693, Veld County, Colorado records, ('lot.A` and 'Lot B') for the purpose•of ingress, egress, and utility installations for the benefit of Lot A and Lot B. The undersigned do hereby agree to keep the north 40 feet of Mended Lot 8 dear of all bushes, trees, shrubbery and other plants, fences, gates, buildings, eachinery, autonebiles, trash, rubbish, debri, ' and other objects, aaterials and substances, and to allow the construction, use, maintenance, and repair of roadways and utility lines that benefit said Lot R and Lot B. le additive to the above described 40 foot right-of-way easesent, the undersigned do hereby grant and dedicate a perpetual right-of-way tasesept across the south 30 feet of Mended Lot B to Relvin and Ola Fee Brug for ingress and egress for the purpose of installing, maintaining and repairing atility lines • that benefit the above described Lot A and Lot B. - The undersigned agree to keep the south 30 feet of Mends Lot B clear of all, bushes, trees, shrubbery and other plants, buildings, eachinery, autosobiles, trash, rubbish, debri, and other objects, materials and substances, and, when installing fencing between Mended Lot I and Lot B, to install no less than a 14 foot'wide gate opening between this right-of-way easeaeat and Let B, • Both of the above described right-of-vay easeaents/agraesents shall be binding upon all heirs, • assigns, and successors of the parties need herein'end shall run with the laud for the benefit of Lot A and lot 8, Dated this --.LL__ da of 1996, • R B, ,:Vrooua ...';•-'01"‘ lrN4N,.. A.& Anna ...:.,..;:il. •4cr.,./:,..1,ibfol...tr t;:c;:!'"- . Y fore&o N t.was acknowledged before ee this .6L day of 5/234411,, 19%, by P. A.'` `'' Veep'', :Duds Vrooaan. : . a ,.- • �Ptness,lci)iad,axd official seal, .rr;.public ay camissio ,expirts; 791& 11:61/9 • ay � 1 'f .1s 4:kL..:Y'l�,'i .' w' .'2'C/t`r, f"`t.T - r . -. (2480693 B-1537 P-315 03/13/96 03:18P POI Or 1 ItlZC DOC -Wald County (X) Mark in Rwranner S.Ql 53 MAR 02398693 FEU ST 07/21/94 K15:06& $10.00 1/001 RECORDED EXEMPTION 53 MARY ANN FEiiRP-S"1'EIN CLERK 8 RECORDER WELD CO, CO LOCATED IN 1}iE SE I/4 OF SECTI( P.M., WELD CO. it,1� .0 lILA.: According urv,:die L. ilFnw you •'': it . urn „ ' tun busy,: 4 spun any defect in tills .ur v,:v wnhu. ihrv•e I.0 your .. :in; discover 0 .'i ll defect. III HO r"'nt, rule :any notion based 'dp,.I, .^` . I'•,'•'r l,.:III l Il l urveylls survey u- :'ou,n,e need [bore titan ten ','nrs troril the 'tat„ ,• Ili.l l',•lnl. N V UFE. At the request of our client, recorded onsenn•nt- Igr.i, way have ,* no- t been researched uy us or snows on this plat. rip • ,,sjilts 'I n,1 rights-.if '• way which may be shown hereon may nut be •ompicte. .,r, Ii.,.e•: ,m general Vtc information, and are to be used only in this ,•ontnXt. w 4 M w n i It�, U 3 b Z PC BEI T N.88.54'40"E. 1320.60tnoos. 1319.00'rec. —r-% .e- N.89•13'07"E. 1320.69'rec I320.95'meas. -.—„, s 2l • •--- r fi 8 1 M LOT 'A ' ,c, i r. yy� 8 "\ N W m - tln 4t' 21. 121 tAC. p 1V le to Or- 8 lD m m j, in m 25Al n w6 A•.. a N.89.13'07"E. 1321.13' re :; S 89°12'48"W. 1321.10' Lr 3 �etr //F 40'Ingress-Egrets 8%kiNA 36MarM ! I T_ 419 • O •a, f r , r `lyW d'/c r� q • ,n Q a ," LOT B • c r J. AMENDED ' '2 ,y 28.867* Ac. �II 4 UT 's' ! 3 z8 1° - 30.UTIL. n RE659 i 01 EVICTI � 8 C b 2 $ 30 UWNty Ern. 7 n e k III 5.88'57'06"W. 1979. 3f'me oo (1977.33'nc ) ��Y 8. 663.82' -- ��. 2642.17'rac. 2643,13' mate. `E CUR SEC 29 OWNER: MELVIN a OLA FAYE 9RUG '6 N,1,64W 25355 WCR 53 iVM ALUM.CEP - -I LS 10805 IOC KERSE Y, CO 80644 O' ,IES::RIBED iAR•RE W/YEL �:tEES ENE /NOR. DESCRIBED LOT 'A • 21. 121 >t Ac (Only Lot 'A ,i:- 19 20 21 LOT '8' 28.867 tAC • WCR 54 . -- TOTAL 49.9` a*Acres iiii i ). .0963 -29-4 -RE 1602 3c,.T. 5 N. , R.64 W. OF THE 6111 O. I , AI. F o, Northwest ./uo rtrr .,t the nvth,v,.t •t nnrL'r t ':W4SFa1 and part It,. N• r!n, and quarter DI toe Southeast gw:,rn'r (NI:j SI.f , ,I section 25. townsta1, ..art t, 'tango 64 Weal of the 6th l'. • %%H,, lanity .'uiorado being attire pat Ink rlv described ns follows• Bug-wrung at the Last quarter Cortin .t.; t :'I it <alt: m-.Lion 39 and nuttier tog the East lino of the Southeast Qua ,;I'.j I oh Sal:: ,'rt tan t nth 29 to twat ', 01,^04.44" East Knit with all other hearings ,m. Lim,,! heir',,. relative therm,. Thence south 00"0444" Last, 1314.66 tee'', :hence South 88-57'06" West, 66:,.s'_ I,'. t tt, te„ I rue Point of Drgninini, !T.P.U.h.); Thence south 8h°57'06" West, 1979..1: tort I toe North- South '''nhvi,h, nl Section 29 (1977.33 feet record); Thence North 00°00'49" West along the North-South .:ente rime ul S,•etl nn :•§, 1319.91 feet (North 110°02'26" West, 1319.92 beet record); Thence Nortn 88°54'40" East, 1320.60 feet ( 1319.110 feet record): Thence South 00°03'48" East,* 660.00 feet. Thence North 89°13'07" East, 657.35 feet; ,CAP Thence South 00°04'44" East, 657.75 feet to the True Point of beginning (T.P.O,R.); Said described parcel contains 49.998 Berea tuore or less(49.95 acres record). PROPERTY OWNER'S CERTIFICATt. We, Melvin and Ola Faye 'frog, being the sole ownerv: in fee of the above de- scribed property do hereby subdivide the same as shown on the attached map. I understand this property is located in the A Agriculture zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. ! do hereby dedicate, for the benefit of the property shown or described hereon, casements for the purposes shown or described hereon. Melvin Rrug ub, Faye lirug el; The foregoing certification was seknow!edged before ale th 5' Jayf a L.I 1994, by Melvin and Ole Faye Drug. Wit 7 n•' . My Commis.Wn expires:.51.20/iS -�!�,'� �t ✓ ' Ie • Notary Public � .I SURVEYOR'S CERTIFICATE 1, Japer Freese. a Registered Professional Land Surveyor In the State of Colo rado do hereby certify that this Recorded F:xemp ton, plat was preps red under in personal supervision and that this plat is an urea rote represent Mimi thereof. I further rye rt ifs that the survey anti this plat 'amp lies wi'h all applicably. regulations. and lawn of the Stmt. u( t:olornd.,. State liner(' of Reg1strisHai hp!! Professional Engineers and Pt ofes ninon' i.an t Sit r v'•vnr., and Weld Count$. -� ots37. AM. Il•• n• d i.nr.,: anrvevnr, Coin. Rey. 14.111,: Uri'. • flf COMMITMENT FOR TITLE INSURANCE * * * * SCHEDULE A 1. Effective Date: MARCH 20, 1997 @ 7:00 A. M. RE: Our Order No. : TQ40528 2 . Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ Proposed Insured: B. ALTA Construction Loan Policy-1975 Amount $ 245,151.00 Proposed Insured: INDEPENDENT BANK C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: JOHN M. BELL AND MARISA J. BELL 4 . The land referred to in this Commitment is described as follows: Lot A, Recorded Exemption No. 0963-29-4-RE1602, being a part of the N1/2 of the SE1/4 of Section 29, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, as per map recorded JULY 21, 1994 in BOOK 1451 as RECEPTION NO. 2398693; together with and subject to the burdens and benefits of Right-of-Way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO. 2480693. • COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : TQ40528 EXCEPTIONS: The policy or policies to be issued will contain exceptions for defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; and exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5 . Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1997, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 8. Right of way for ELECTRIC TRANSMISSION OR DISTRIBUTION purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A CORPORATION by instrument recorded JUNE 6, 1972 in BOOK 669 as RECEPTION NO. 1591095, said right of way not being specifically defined. 9. Right of way for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A COLORADO CORPORATION by instrument recorded AUGUST 9, 1983 in BOOK 1004 AS RECEPTION NO. 1936466, said right of way not being specifically defined. 10. Right of way for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A COLORADO CORPORATION by instrument recorded JULY 10, 1984 in BOOK 1036 as RECEPTION NO. 1973343, said right of way not being specifically defined. CONTINUED NEXT PAGE - 3 - AMtdr160Zpdf 12 of 48 F RECORDED EXEMPTION (RE)APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number aia EMI D © (12 digit number-found on Tax ID.information:obtainable at the Weld County Assessor's Office.or www.co.we Legal Description 4re4t4 rn 1w s YY of ,Section,Township 5 North,F Has the property been divided from or had divided from it any other property since August 30,1972? Is this parcel of land,under consideration, the total contiguous land owned by the applicant? FEE OWNER(S)OF THE PROPERTY: E ,c!c3* m8h1M e: al ; eu' u emuY(L k Phone# - G88 Home Phone 54 -g9a. E dress ess: C 53 City/State/zipCode Jersey i Pc F04Yy APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany ai applications signed by r Name: Silly( 'T 45 quo__ Email Address WorkPhone# Home Phone# Address: City/State/Zip Code Sm,Mt Parcel(Lot g ) Larger Parcel(Lot ) Other Par (3-Lot R Water Source &Obit Wild (mole`} �7�fr 1;4+r r .L Type of Sewer hr)1t_ ' Proposed Use Abetyjrrvua♦•u]/J 30 Ft Oil;5 fin n,. Acreage Existing Dwellings? yyeess,�or No(Circle one-if Yes or No(Circle one-if Yes Yes,rst ad No wet,list t address below) Yes,list address below) tpaAdl 5-3 r for each parcel in tlt • If the property is vacant or unimproved write prepeied water source and proposed sewer system example:dewed e wed and septic is proposed state:proposed well,proposed septic I(We)request that the following described property be designated a Recorded Exemption by the We of County Commissioners.I(We)hereby depose and state under penalties of perjury that all statem and/or plans submitted with or contained within the application are true and correct to the best of my Signatures of all fee owners of property must sign this application. If an Authorized Agent s authoricatital from all fee owners must be included with the application.If a corporation is the fee evidence must be included showing the signatory has to legal authority to sign for the corporation. tnUltt/t7laiii� 0'-{wl C'{ IfU / natuA . er or Authorized Ag Sign re:�wrter or thorized Agent ate i9 Q 4/8/2014 8:39 PM of l AMRE1602PM 14 of 48 P f,.n..e?J um*boot �y re' ' vV C E < (a R U 5C r N [ \ Si.‘"I* I .3; S. C 11 Z___p 3o/a agefe, yl..f u wi4 --1- it hoot orti l ice' , g co i k1 I tip. k iF } 2 a we R 5.3 4/8/2014 8:45 PM of 1 AMRE1602q f 47 of 48 ■®I COll S M tie 0 S �i7111bu Crfy OC i el tit tie 0 SSA RIRII T.Drr.t. Warranty Deed „Ito nix®s.sa es at r al pan Awns. ESsaa s r am awresa(Al I'AP•r')4aAlni air4M w�a(16.f•6.•RYlOmlm/arMs a GRANTOR ar YIMMg1 f W•0100 tar m aOIAIR1i. l T1aaARTa SOO=SOW saryl many a r Guns r the ounce mum wr-Ap ay..am Sr Masao Er peNlw.w IS r rlwdSi.AEC INN as GRANTEEW ry 121 4•3 gnaw-WI °f- rem 4NMI O).I law—wed r among Sl.v asi-.1mt i.ans sham of road(1)sly 's.rmaewrr Iwflwrme laee.l(NS/SSW..an slaw lam eeie ssiksaI W.a7 E.npen". aim SOU a MYISS ad r1 origin Di. WA TM*SR Toe d TRYY Ant arm/J.• ma all.•Id dawn Yr r as sa dda.Aaml an asses....s miss y• .I./.• W .al MELV01 DRUG AND O(A FAE DRUG Cries IOYn sang r aYa.R ers it a.m.I•bsa mdab al et ma f r•i MATTHEW 1.UYF/4URA AND RIDE K UYEMURA 26155 ROCKPORT RA.RHCb.AND.MD 65536 —It C+Um.rla Nom mass. aka...as a ba aw/e al fm—mss a aa.r we WMI JOINT TENANTS l.ywy asrAr fps...tor rl 6rt� {�. COLORADO, `1Y *1 OF THE SEIM OF Mb' gang RANGE 64-1 RECORDED EXEMPTED WO. WEST THE En!P. 1:Of j N�IR�COUNTY. OLO MITH WX1I DD MRIU71 p.NM M EOM 113377snN0..___• sue`I A(iR�+f Paw"Arta 15155 WCR 13 KERSEY,COLORADO M PA�I�NT CaalInw (bdw.ad.AAs maxis rr.r'.®rOatr to alai..w.✓arise asps a oses •as 6a m.Se alma si.m.Yaaa.Ya.) TWO HUNDRED EIGHTY NINE THOUSAND AND OWNS sr.mdaAlalalw rraAlllaeer4.aaWlsm br swop on Is r•s.S.•6-aim=s messy r MAMA.ISA r DSO.aY s/msisaslW A4R.a Ma.S bane: eau 4w lax um Ya.1 r df as war meal Off i�eanmera• AMA rdl.xr6Fr�s+� + .rrr N�7 1nJaxm�.r Y.IAmGb .Os as Asa ua Srl//ai l�.i &' ma. Amor aERYL L y Fe LE `V...- 8 y a !�{ tttGGG IRRAI5EEE RUIN --.J Alit STATE OF COLORADO Carom or WILD. The m®a storki N Mks,am day of III DNMI.19W Rye 1QLVN um AM a*rAI EYID //��// anew m ail✓ In) �/ ��a STATEOF arm SAX/ h!MN ORATE OF )) IIID AVSMIP. W ISM COUNTY TW _ MalaNd el.®sa eys.D.igai Wen w66 C4a Cr bead..aax6a•r 0o s f/.l.W l Mlail A•.als.r a d&Nam amnia...Me was.r aa1 amain maim'r awSsa a.seams*Iasmk a Amer rwH✓sYmsl M�mYRs�. l SUS al Nasty Pa • 0 011 UPDATE LIOAL FcMM VICK w.Wt SKLD WW 10.199.51.65 WE 2697410-1999.001 4/8/2014 9:13 PM of I Heritage I Title Company M..k a rranv:.,:un Per..n. (;CanmonweaMh OWNERSHIP AND ENCUMBRANCE REPORT Date: May 11, 2013 Effective Date: April 29, 2013 Attn: John Bell Address: P.O. Box 725 Phone: (970) 302-4477 O & E Order Number: H0373066 Schedule No.: R1281597 Vesting: Matthew J. Uyemura and Julie M. Uyemura Vesting Deed Info.: Warranty Deed 6;2/1999 #2697410 Property Address: 25355 CR 53 , Kersey, CO 80644 Legal Description: Lot B, Amended Recorded Exemption No. 0963-29-4-AmRE-1602,being part of the N 1/2 of the SE 1/4/4 of Section 29, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, as per map recorded June 15, 2004 at Reception Number 3189158, together with and subject to the burdens and benefits of Right-of-way Easement Agreement recorded March 13, 1996 in Book 1537 as Reception No. 2480693. Encumbrances: Deed of Trust in the amount of$130,000.00 to USAA Federal Savings Bank recorded December 13, 2006 at Reception Number 3441612. Deed of Trust in the amount of S49.300.00 to USAA Federal Savings Bank recorded June 18. 2007 at Reception Number 3484090 NOTE: This information is for your sole use and benefit and is furnished as an accommodation. The information has been taken from our tract indices, without reference to, or examination of, instruments which purport to affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title, Opinion of Title, nor a Guarantee of Title, and our liability is limited to the amount of the fees. Prepared By: Lynn Vance Email: Ivance@heritagetco.com Phone: (970) 330-4522 oande COMMITMENT FOR TITLE INSURANCE + * * + + SCHEDULE A 1. Effective Date: MARCH 20, 1997 @ 7:00 A. M. RE: Our Order No. : TQ40528 2 . Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ Proposed Insured: B. ALTA Construction Loan Policy-1975 Amount $ 245, 151.00 Proposed Insured: INDEPENDENT BANK C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: JOHN M. BELL AND MARISA J. BELL G 4. The land referred to in this Commitment is described as follows: Lot A, Recorded Exemption No. 0963-29-4-RE1602, being a part of the N1/2 of the SE1/4 of Section 29, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, as per map recorded JULY 21, 1994 in BOOK 1451 as RECEPTION NO. 2398693; together with and subject to the burdens and benefits of Right-of-Way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO. 2480693. • COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : TQ40528 EXCEPTIONS: The policy or policies to be issued will contain exceptions for defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; and exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1997, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 8. Right of way for ELECTRIC TRANSMISSION OR DISTRIBUTION purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A CORPORATION by instrument recorded JUNE 6, 1972 in BOOK 669 as RECEPTION NO. 1591095, said right of way not being specifically defined. 9. Right of way for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A COLORADO CORPORATION by instrument recorded AUGUST 9, 1983 in BOOK 1004 AS RECEPTION NO. 1936466, said right of way not being specifically defined. 10. Right of way for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A COLORADO CORPORATION by instrument recorded JULY 10, 1984 in BOOK 1036 as RECEPTION NO. 1973343, said right of way not being specifically defined. CONTINUED NEXT PAGE - 3 - Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property") from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of. way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions', and (7) subject to building and zoning regulations. D.F. $7.50 The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) MELVIN BRUG AND OLA FAE BRUG Grantee: (Give name(s)and address(es);statement of address,including available road or sweet number.) JOHN M. BELL AND MARISA J. BELL 102 GRANDVIEW DRIVE, LONGMONT, COLORADO 80504 Form of Co-Ownership: (If there arc two or more grantees named,they will be considered to take as tenants in common unless the words'in joint tenancy"or words of the same meaning are added in the space below.) JOINT TENANTS Property Description (Include county and state.) Lot A, Recorded Exemption No. 0963-29-4-RE 1602,being a part of the N1/2 of the SEl/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado,as per map recorded JULY 21, 1994 in BOOK 1451 as RECEPTION NO.2398693;together with and subject to the burdens and benefits of Right-of-Way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO:2480693. Property Address: VACANT KERSEY COLORADO Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identifeed as a gift. In any case this conveyance is absolute,final and unconditional.) SEVENTY FIVE THOUSAND AND 00/100 Reservations-Restrictions: Of the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) Executed by the Grantor on MAY 3, 1996 Signature for Corporation,Partnership or Association: Signature for Individual(s): Name of Grantor. Corporation,Partnership or Association MELVIN DRUG Grantor By Grantor By OLA FAE BRUG Grantor Attest: STATE OF COLORADO COUNTY OF s' The foregoing instrument was ac a re me is 3rd day of MAY, 1996 By* MELVIN DRUG AND OLA FAE DRUG WITNESS my hand and official seal. My commission expires: NOVEMBER 13, 1999 Notary Public STATE OF 1221 SI'II AVENUE, GREELEY, CO 80631 COUNTY OF ss. The foregoing instrument was acknowledged before me this day of By* (*name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires: Notary Public o 1981 UPDATE LEGAL FORMS WCTC No. 201-L Weld County CO Clerk & Recorder 6.00 7.50 Grantee: (Give names)and address(es):statement of address,including available road or street number.) JOHN M. BELL AND MARISA .1. BELL 102 GRANDVIEW DRIVE, LONGMONT, COLORADO 80504 Form of Co-Ownership: (If that are two or more grantees named,they will be considered to take as tenants in common unless the words'in joint tenancy'or words of the sanx meaning arc added in the space below.) JOINT TENANTS Property Description (Include county and state.) Lot A,Recorded Exemption No. 0963-29-4-RE1602,being a part of the N1/2 of the SE 1/4 of Section 29,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, as per map recorded JULY 21, 1994 in BOOK 1451 as RECEYI ION NO.2398693;together with and subject to the burdens and benefits of Right-of-Way Easement Agreement recorded MARCH 13, 1996 in BOOK 1537 as RECEPTION NO. 2480693. Property Address: VACANT KERSEY COLORADO Consideration: (The statement of a dollar animus is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and unconditional.) SEVENTY FIVE THOUSAND AND 001100 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey las than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) Additional Warranty Exceptions: (Include deeds of trust being assumed and other manners not covered above.) Executed by the Grantor on MAY 3, 1996 Signature for Corporation,Partnership or Association: Signature for Individual(s): 7 ''// Name of Grantor: Corporation,Partnership or Association MELVIN BRUG Grantor By Grantor -- By 7 OLA FAE BRUG c— Grantor Attest: STA OF.COLORADO GO O WELD as. ment was acknowledged before me this 3rd day of MAY, 19% a•MEL'VTAND OLA FAE BRUG irC: apTA • �� 'y fl art y'tgd official star. CJ i f C (2-n,./7476:-.)e C dis estdx esf NOVEMBER 13, 1999 Notary Public eOP4;:, > 1221 8TH AVENUE, GREELEY, CO 80631 The'Mgetli nstrument was acknowledged before me this day of By NHS ('name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires: Notary Public O 1981 UPDATE LEGAL FORMS WCTC No. 201-L f The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS 5C-9-95) Tills FORM HAS IMPORTANT LEGAI,CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEI.BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT'TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS OMITTED) JANUARY 18 19 96 • I. PARTIES.AND PROPERTY. JOHN M. BELL AND MARISA J . BFEL AS JOINT TENANTS ,buyer(s)[Buyer],(as joint tenants/tenants in common) agrees to buy,and the undersigned selleds)[Seller],agrees to sell,on the terms and conditions set forth in this contract,the following described real WELD estate in the County of ,Colorado.to wit: LOT A OF RECORDED EXEMPTION NO. 0963-29-4-RE1602 LOCATED IN THE SE 1/4 OF SEC. 29m T.5N, R. 64W OF THE 6th P.M. WELD COUNTY COLORADO. known as No. Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded(collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this con- tract:lighting,heating,plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances.sprinkler systems and controls,built-in vacuum systems(including accessories),and garage door openers including remote controls;(b)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, curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,all keys and(c) ALL FENCING, CATTLE GUARDS, GATES NOW ON PROPERTY OR PROPERTY BOUNDARES. WATEfl TAP AND LINE TO NE CORNER OF PROPERTY BOUNDARY, PREVIOUSLY PAID FOR BY SELLER AND TRANSFERED T BUYERS. ANY AND ALL OIL AND GAS AND MINERAL RIGHTS THAT ARE TRANSFERABLE. INCLU VE TO SAID WELL ON EXISTING WEST FENCED AREA OF PROPERTY. TRANSFERENCE OF SOIL TEST IN REFERENCE TO SEPTIC AND LEACHFIELD AND BUILDING OR ANY OTHER RELATED PERMITS P D (d)Water Rights. Purchase price to include the following water righ'PREVIOUSLY BY SELLER. ANY AND ALL WATER RIGHTS THOSE OF RECORD TO SAID PROPERTY • (e)Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: N/A The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale, WAR RE NTY deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in Section 12.The following attached fixtures arc excluded from this sale: 3. PURCIIASE PRICE AND TERMS. The purchase price shall be S 75,000 ,payable in U.S. dollars by Buyer as follows:(Complete the applicable terms below.) (a)Earnest Money. S 750.00 in the form of PERSONAL CHECK -,as earnest money deposit and part payment of the purchase price,payable to and held by SELLERS _ ,broker,in its trust account on behalf of both Seller and Buyer.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. The balance of S 74,25D (purchase price less earnest money)shall be paid as follows! (b)Cash at Closing. ,plu closing costs,to he paid by Buyer at closing 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 cheek(Good Funds).Subject to the provisions of Section 4,if the existing loan balance at l6_ time of closing shall be different from the loan balance in Section 3,the adjustment shall be made in Good Funds at closing or paid as follows: 4. FINANCING CONDITIONS AND OBLIGATIONS. FINANCING TERMS,CONDITIONS AND OBLIGATIONS,PERTAINING TO SECTIONS 3 AND 4, ARE ATTACIIF.D BY REAL.ESTATE COMMISSION APPROVED ADDENDUM AS FOLLOWS:(check as applicable) ❑Ncw Loan ❑Assumption [1 Seller or Private Third-Party financing No.CBSSC-9-95. VACANT LAND/FARM AND RANCH CONTRACT TO BUY.AND SEl,t.REAL ESTATE(Financing Section,Omitted) Jr4 Bradford Publishing.1743 Want SI..Denver CD 8020—(303)29'.-25(1(1—2-95 Page I of 4__ mind 1/2 BY SELLER AND 1/2 The local transfer tax of %of the purchase price shall be paid at closing by -__ .Any sales and use tax that may accrue because of this transaction shall be paid when due by IS. PRORA't'IONS. General taxes for the year ofclosing.based on the taxes for the calendar year immediately preceding closing,rents.wafer and sewer charges,owner's ass,wimion dues,and interest on continuing loan(s),if any,and JA - — shall be prorated to date of closing. 16. POSSFSSIOgAY pro 5trdGbuJroperty shall he delivered to Buyer as follows: U ll.. J11VUNONE ,subject to the following lcase(sl or tenancy(s): . If Seller.after closing, db.to iver possession on the date herein specified,Seller shall be subject to eviction and dd shall be additionally liable to Buyer for payment of S per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract.the Property and Inclusions shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted.In the event the Property shall he damaged by fire or other casualty prior to tune of closing,in an amount of not more than ten percent of the total purchase price,Seller shall he obligated to repair the same before the date of closing. In the event such damage is not repaired with.it said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall he entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,however,the total purchase price.Should any Inclu- sion(s)or service(s)fail or he damaged between the date of this contract and the date of closing or the date of possession,whichever shall be earlier, then Seller shall he liable tin the repair or replacement of such Inclusion(s)or service(s)with a unit of similar site,age and quality,or an equivalent credit,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 Section 2 and such party shall be entitled to such insurance proceeds or benefits Ibr the growing crops,if any. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof.If any note or cheek 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: (n) IF BUYER IS IN DEFAULT: (Check one box only.) ❑ (I) Specific Performance. Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall he 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. I(2) Liquidated Damages. All payments and things of value received hereunder shall he forfeited by Buyer and retain...1 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(e))are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Scllet expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled,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. Anything to the contrary herein notwithstanding,in the event of any arbitration or litigation arising out of this contract,the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney fees. 19. 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 agent,unless mutual written instructions arc received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action hut may await any proceeding,or at broker's or closing agents 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. 20. ALTERNATIVE DISPUTE RESOLUTION:MEDIATION. If a dispute arises relating to this contract,and is not resolved,the parties and hroker(s)involved in such dispute(Disputants)shall first proceed in good faith to submit the matter to mediation.The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation.In the event the entire dispute is not resolved within thirty(30) calendar days front the date written notice requesting mediation is sent by one Disputant to the other(s),the mediation,unless otherwise agreed,shall terminate.This section shall not alter any date'[ iiinla this .contract. unless otherwise /aagreed. s�pl�err��pp q� r{�a u1or;�lnp r.� 121. M 111V(iA V I yYYU'V NI FIE I.UJ I "Ut f Y fiElliti,Y Yi Ur `'vm I CK I U LV 1 rHIVU vnivit Bract trr Commission.) SOIL TEST FOR LAND TO BE APPROVED BY BUYER AND PERFORMED WITHIN 30 DAYS OF ACCEPTANCE OF THIS CONTRACT. 2. CONTINGENT UPON RECORDED ACCESS TO LOT A FROM COUNTY ROAD 53. 3. CONTINGENT. UPON RECORDED EASEMENTS FOR POWER, WATER AND PHONE LINES THROUGH ADJACENT PROPERTIES TO LOT A. . No.('B55C-9-95. Inge 3 of 4 _ hatisi Hello