PLANNING COMMISSION 6:00 P.M. I - APRIL 28, 2025 - I BELLENDIR MINOR SUBDIVISION TABLE OF CONTENTS File Summary Original Submittal Application Right to Farm Applicant Narrative Site Plan / Maps Proof of Ownership Current Title Insurance Commitment Utilities/Access Water Septic Electric Driveway Additional Application Information Impact Statement Ditch Company Notification Soil Map Mineral Ownership Statement of Taxes Landowner Letters, Referrals & Responses Landowner Letter sent & Responses Received Referral Sent & Reponses Received Notification Sign Posting Pictures & Affidavit M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT March 17, 2025 Timmy Bellendir and Bre Gilliland Marva Bellendir 21575 Co Rd W 4 Lakeview Circle Fort Morgan, CO 80701 Fort Morgan, CO 80701 Sent via email: Dear Applicant: Your Application for a Minor Subdivision has been received by our office and will go to review and decision by the Planning Commission and the Board of County Commissioners. A special hearing for the Planning Commission will be held on Monday, April 28, 2025 at 6:00 P.M. The hearing for the Board of County Commissioners will be held on Tuesday, May 6, 2025 at 9:00 A.M. Mineral Right notifications need to be made by March 28, 2025 and proof of mailing provided to our office no later than April 13, 2025. As per Section 8-170 (I)(1) notification sign postings need to occur no later than 10 days prior to each hearing and photographs accompanied by an affidavit to our office no later than 5 days prior to each hearing. One sign facing each public right-of-way adjacent to the property is required. The county will provide (1) signs for each hearing, to be posted off of County Road 21. It is up to you to post it. Planning Commission sign notice dates: Posted by April 18, 2025 Pictures and Affidavit by April 23, 2025 Board of County Commissioners sign notice dates: Posted by April 25, 2025 Pictures and Affidavit by May 1, 2025 We will have both PC and BCC signs ready to be picked up in our office on Monday, April 14th, 2025. It is necessary that the landowners be present at the hearings to answer any questions the Planning Commission and Board of County Commissioners may have. If any of the landowners are unable to attend, al letter stating who will be representing them will be needed for each hearing. Do not hesitate to contact us at any time if you have questions. Sincerely, Nicole Hay Nicole Hay Planning Administrator Morgan County Government d 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & hay@co.morgan.co.us FILE SUMMARY M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT MORGAN COUNTY PLANNING COMMISSION FILE SUMMARY April 24, 2025 Special Hearing date - April 28, 2025 APPLICANT: Timothy Bellendir and Bre Gilliland LANDOWNER: Timothy and Marva Bellendir This application is for a 2-lot Minor Subdivision of6 6.51 acres located in the NW44 of Section 10, Township 4 North, Range 57 West oft the 6th P.M., Morgan County, Colorado. Also known as 22910 County Road 21, Fort Morgan, CO 80701. The property is zoned Agriculture Production. Lot 1 will be 4 acres and Lot 2 will be 2.51 acres. There is an existing residence on the property, however the existing buildings will be removed except a well house on Lot 2. This will allow for new single family homes to be built. Section 8-195 of the Morgan County Subdivision Regulations requires review of the listed criteria and compliance to be determined prior to approval of the proposed subdivision. In reviewing an application for a minor subdivision, the Planning Commission and the Board ofCounty Commissioners shall apply the following criteria as listed from Section 8-195 of the Morgan County Subdivision Regulations: (A) Whether the application documents are complete and present a clear picture ofhow the subdivision is to be laid out including all infrastructure, easements, and access. The application documents are complete: 1) Northeast Colorado Health Department has issued a letter regarding onsite wastewater treatment systems on Lots 1 and 2. 2) Lot 1 will be served by Morgan County Quality Water and Lot 2 will be served by an existing well. 3) Access for both lots is off of County Road 21. 30-foot access easements are created through the proposed minor subdivision and a shared access acknowledgment will be recorded ifthe proposed minor subdivision is approved. 4) Property is located in the Fort Morgan Fire District. Morgan County Government d 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & mhay@co.morgan.co.us 5) Soil map was provided by the Natural Resources Conservation Service. 6) The landowners own all ofthe mineral rights. 7) Right to Farm notices were signed by the property owners and provided with the application. (B) Whether the proposed subdivision is consistent with the Morgan County Comprehensive Plan. The subdivision is located in the north central planning area. Chapter 2, Plan Summary Goal: Section 2.C.1- To encourage development where proposed development is compatible with existing land uses and access to public infrastructure is established. All existing buildings, except the well house, on Lots 1 and 2 will be removed to allow) for the building ofsingle family homes on each lot. Large parcels used as single family home sites surrounded by farmland are in the area. There is access to County Road 21, Morgan County Quality Water, and Morgan County REA. (C) Whether the proposed subdivision is compatible with surrounding land uses and is adequately buffered as needed. All properties adjoining this proposed. subdivision are in the. Agricultural Production District. Farmland and pasture ground surrounds the proposed. Minor Subdivision. Nicole Hay Morgan County Planning Administrator Morgan County Government d 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & mhay@co.morgan.co.us ORIGINAL SUBMITTAL Original Application Right to Farm PERMIT # MS2025 - MORGAN COUNTY COL MORGANI PLANNING, ZONING & Date Received 2 / 1S / 25 Received By d5 COUNT BUILDING DEPT. 231 Ensign, Fee: DAdministrative Review $ XFull Review $ (250.0D P.O. Box 596 Fort Morgan, Colorado 80701 gIcc #: 1548 Paid 2 18 / 25 Recording Fee $ Ck/ PHONE (970)542-3526 CC# #: Paid / / PCI Date: / WhercPrariel Meets Theskyi FAX (970)542-3509 Email: permits lemsing@omogmncous BOCC Date: 100 Year Floodplain? Y IN) Taxes Current? N MINOR SUBDIVISION APPLICATION Landowner MUST Sign Application and Right to Farm Policy APPLICANT LANDOWNER Name Tngy RLhc ard Be GilbJ Name Mice Blmdir Address 21575 Conky RJu Address L Lakevlen Lircle fort Mogin, 0080701 bont Morgen Lo 80301 Phone Phone Email Email SURVEYOR Name Bob Thomas Email Address 2410W- It Sk Qd Greely Co Sple 34 Phone Minimum Lot Size Requirements: Minimum lot size for parcels containing both a water well and septic system is 2.5 (two and one half) acres -Minimum lot size for parcels without a water well and served by a public o1 private water system and septic system is 1 (one) acre PROPERTY LEGAL DESCRIPTION AND TECHNICAL INFORMATION Address of Property to bedivided (or general location if not yet addressed): * Attach extra pages ifneeded 22.410 Conly Road 21 Fort Merg-n CO 18DLo) Parcel #: 1039 100-00-00l Zone District: - S: lo T: H R: 57 % Nw 1 Total acreage in parcel: 209.25 Number of lots to be created: 2 Is property located within 1320' (1/4) of a livestock confinement facility? Y Distance and Direction to Nearest Community: tapt lpoyan PRESENT use of property lovmacug Wicha exisling / horpe PROPOSED (Agandonedhouso use of! property Devo uA ao Sepere - A ngyoundl SEE REQUIRED ATTACHMENT LIST ON BACK OF THIS PAGE INCOMPLETE APPDICATIONS WILL NOT BE ACCEPTED OR PROCESSED MINOR SUBDIVISION APPLICATION REQUIRED ATTACHMENT LIST Additional information may be required by, staff Application Fee: Non-Refundable Application Fee due with application as determined by staff: *Additionaljees and charges may be required pursuant to Section 2-160 ofMorgan County Zoning Regulations. Applicant will be responsiblej for any legalfees afier the first 5 hours. O$ Administrative Review OR O$ Full Review Up to 10.90 acres.. $550.00 11 - 20.9 acres $575.00 21 - 30.9 acres $600.00 31 - 40.9 acres. $625.00 41 - 60.0 aeres $650.00 600acrest. $650.00 Plus $15.00 per 40 acres or fraction therein of excess of 60 acres For example: 99 acres property would be 99-60-39acres in excess so: $650+815-8665, fee *Fees may be subject to change per section 2-160 ofl Morgan County Zoning Regulations Project Narrative: Narrativet to include: N Project Description LPurpose of request, including minor subdivision criteria Additional information to show project's intent How project will relate to or impact existing adjacent uses DAII off-site impacts and proposed mitigation measures Development or implementation schedule of project OGeneral topography of land and potential hazards Ifj property is in the floodplain, give Zone, panel number, and panel date tmsmsptilans Ns proposed subdivision located within a Fire District? Site Plans/Maps: Plat map (survey) per requirements set forth in the Morgan County Subdivision Regulations Section 6-170 must show the original exempted parcel and the parcel being created through this amendment (SUBMIT ELECTRONICALLY) Improvement location certificate, including setbacks ofexisting structures, wells and septic system (SUBMIT ELECTRONICALLY, Include any easements required for the project-widths and other pertinent information. May be required to supply copies ofe easement agreements Proof of Ownership: Current title insurance commitment (within last 6 months) Names, addresses and phone numbers for all property owners M Utilities/Access ater- Must have "Will Serve Letter" for lots being subdivided MSeptic System Existing Septic System - Evaluation of adequacy in terms of today's regulations from local Health Department Private System - "Will Serve Letter" Proposed Septic System - "Will Serve Letter" Public System "Will Serve Letter" MElectric (Electric bill or letter of commitment from electricity provider) Driveway Permit from CDOT or Morgan County Road and Bridge (If required by staff) Technical: Ditch Company- Proof of contact ifthere is a ditch on or next to your property mpact statement from Morgan County Extension for determination of the number of animal units this land can sustain MSoil Map from Morgan Conservation District showing suitability for sanitary facilities, and building site development for site specific soil Revegetation Plan Notification to all mineral rights owners and/or lessees Provide names and addresses as well as a copy of a letter sent 30 days prior to submission or if unable to locate, submit a list of owners/lessees showing 3 sources of attempts to locate. Declaration of restrictive covenants Homeowners Association agreement and by-laws Right to Farm Policy signed by Landowner (attached) Recording Fees: AlI recording. fees will be collected at the conclusion of all hearings Made payable to Morgan County Clerk & Recorder OPlat map recording fee $13.00 first page $10.00 per page thereafter # additional pages X 10-$ +$ $13-$ Total Recording Cost Covenants recording fee $13.00 first page $ 5.00 per page thereafter *Title to any or all of the Minor Subdivision CANNOT be transferred until all required documents have been recorded in the Morgan County Clerk and Recorders office. Additional Information required by staff: # Paper Application Sets Digital Copy of Complete Application One sided only please LANDOWNER AND APPLICANT STATEMENTS Property taxes must be current prior to processing application. I hereby certify that to the best of my knowledge, the information contained within this application package is true and correct. Application must be signed by applicant and landowner as it appears in title insurance. Blde 2-3-25 y Bellenghn 1-2g-os Applicant Signature Date Landowner Signature Date Ppndilind 4 Anaulld 1-2419 Applicant Signature Date Landowner Signature Date MORGAN COUNTY RIGHT TO FARM POLICY / NOTICE Morgan County is one oft the most productive agricultural counties in Colorado. Ranching, farming, animal feeding, and all other manner of agricultural activities and operations in Morgan County are integral and necessary elements ofthe continued vitality ofthe county's economy, culture, landscape and lifestyle. Morgan County specifically recognizes the importance of agricultural operations as necessary and worthy of recognition and protection. Landowners, residents and visitors must be prepared to accept as normal the effects of agriculture and rural living. These may include noise from tractors, equipment, and aerial spraying sometimes at night or in the early morning; dust from animal pens, field work, harvesting, and gravel roads; odor from animal confinement operations, silage and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers, including aerial spraying; and movement of livestock or machinery on public roads. Under the provisions ofthe State of Colorado's "Right to Farm" law (Section 35-3.5-101 and following, C.R.S.), all normal and non-negligent agricultural operations may not be considered nuisances. Also public services in a rural area are not at the same level as in an urban or suburban setting. Road maintenance may be at a lower level, mail delivery may not be as frequent, utility services may be nonexistent or subject to interruption, law enforcement, fire protection and ambulance service willl have considerably longer response times, snow may not be removed from county roads for several days after a major snow storm. First priority for snow removal is that school bus routes are normally cleared first. Children are exposed to different hazards in a rural setting than they are in an urban or suburban area. Farm and oilfield equipment, ponds, and irrigation ditches, electrical service to pumps and oil field operations, high speed traffic, noxious weeds, livestock, and territorial farm dogs may present real threats to children. It is necessary that children's activities be properly supervised for both the protection ofthe children and protection ofthe farmer's livelihood. All rural residents and property owners are encouraged to learn about their rights and responsibilities and to act as good neighbors and citizens ofMorgan County. This includes but is not limited to obligations under Colorado State law and Morgan County Zoning Regulations regarding maintenance of fences, controlling weeds, keeping livestock and pets under control. There may be provisions of which you are unaware. For example, because Colorado is a Fence Law State, owners of property may be required to fence livestock out. Information regarding these topics may be obtained from the Colorado State University Cooperative Extension Office, the County Planning and Zoning Department, and the County Attorney. RECEIPT AND STATEMENT OF UNDERSTANDING I hereby certify that I have received, read, and understood the Morgan County Statement ofPolicy and Notice regarding Right to Farm. I further: state that I am aware that the conditions of living in an unincorporated area are different than living in a town or city and that the responsibilities oft rural residents are different from urban or suburban residents. I understand that under Colorado law that a pre- existing, non-negligent agricultural operation may not be considered a public or private nuisance. a Rlglu Signature K24-05 VMawie s Sbuadhe Printéd Name To Be Signed by Landowner 4 Lakeriew Cirek Address EMyun CO 80701 Adopted by the Morgan County Board ofCounty Commissioners by. Resolution #96BCC41 on July. 23, 1996 and amended by Resolution 2008 BCC34 on September 2, 2008. RECEIPT Morgan County 231 Ensign, Fort CO 80701 RGAN Morgan, COUNTY (970) 542-3526 MS2025-0001 - Minor Subdivision Permit Where PrairieMeets The Sky Receipt Number: 545546 Payment Amount: $650.00 February 18, 2025 Transaction Method Payer Cashier Reference Number Check Marva Bellendir Jenafer Santos 1548 Comments Assessed Fee Items Fee items being paid by this payment Assessed On Fee Item Account Code Assessed Amount Paid Balance Due 02/20/25 Minor Subdivision Full Review $650.00 $650.00 $0.00 Totals: $650.00 $650.00 Previous Payments $0.00 Remaining Balance Due $0.00 Application Info Property Address Property Owner Property Owner Address Valuation 22910 CO RD 21 BELLENDIR, TIMOTHY J & 4 LAKEVIEW CIRCLE FORT MORGAN, CO 80701 MARVA L FORT MORGAN, CO 80701 Description of Work Minor subdivision to divide off 2 parcels of land for future home building sites. APPLICANT NARRATIVE Project narrative: We are requesting a minor subdivision SO our family can build their own house on the property. This project will not impact adjacent uses nor off-site impacts due to it being house that replacing an abandoned house. No hazards just gradual hills and trees with pasture. This property is in a fire district. SITE PLAN / MAPS BELLENDIR LEGALI DESCRIPTION- -PROVIDED SVICINTVMAP WEST MINOR SUBDIVISION CRX BAPDEPEMECUIYITE ASSOCIATESI LLC TITLE COMMI TMENT 0005 TO3 1 MINOR SUBDIVISION #MS2025-XXXX BSPTBRPPUESEAEE VORTHEAST QUARTEROF SECTION LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, EXCEPT TOWNSHIP 4 NORTH, RANGE 57 WEST OF THE 6TH P.M., PARCELDEEDEDINBOOKI 1117ATPAGE7 770,0F THE MORGANCOUNTY, COLORADORECORDS: COUNTY OF MORGAN, STATE OF COLORADO COUNTY OF MORGAN, STATEOFCOLORADO OWNERSHIP ANDI DEDICATION CERIFICATE: LTHE UNDERSIGNED,E BEINGTHE OWNEROF TERAIDAEESEDAESCN FLAND, FHERE PAELNRYE YDSCABEDASFOLO LOWS HWEST COFNEROF THEN NORT TOLARTEROF WEST ANGE E S THENCEI ENORTH02-3936" 6WESTADISTANCEOFE 603.58FEET; NDICATED, OW ROS UND THENCE ENORTH8413ZEASTA TADISTANCEOF4 457.40FEET; AOTOSANS THENCE ESOUTH02P0737 "EASTA TADISTANCEOF OF644.08FEET; 60 ROADDOES NOTEXIST NET182E 249578 47 THENCEI ENORTH8891118" WESTA TADISTANCEOF 452.76FEETT TTOTHEP PONTOFBEGNNING. PARCEL LOF DABOVE CONTAINS THE AEE LANDESCHBEDA SEFLACRES E OBE HE PLA WES RINO M OVER ANY PANA AAD T PANT ANDALL 333.46 D N8 694132'E 15740 NETUE FOR THE JRP POSE PASSAG OF SERVICE VEHICLES AGE HAT MEN B 715 73910 AUTENYS BABCASED ER N7 PASAAD LEGEND E ICHYEE EASE ERECN ABL ERE BY ERER E AETOTCER FA ACILIT MAIN 5T APCNIRAESS PEAFEDE 69 TABS SETAEOMPEBARVITH EXECUTEDT HIS DAYO OF E SB73ZICE 466.82 _N891310'E 172.93 SDE 7.20 Ws OWNER: FLOODPLAIN CERTIFICATE ACCESS BOUNDARY Tr TIMOTHYJ BELLENDIR BARPATTSE ABOYEPESCABEDENOAES YIS SOEVLENY DEDICATED R RUCTURES EASEMENT STATEC OFCOL LORADO ORDING FED RATE MANA GEIGODACICIES ATSPNAE S E HSE THER IGHT-OF WAY COUNTYOF MORGAN js CATONAL - a ANDOBDBICDASO E BAPEN2 MAY 021 CENTERALIQUOTLNE E DATE g THEF FOREGOINGCERTIFICAT a OF 20 BY 1880 WITNESSMY HAND DANDOFICALS SEAL SURVEYORSNOTES / MYC COMMISSIONEXPIRES THST SURVEYWA REP DWTHTHEB BENEFSE DATEDJA UARY NOTA TARY PUBLIC DOES TLES Fs HOUSE SAAN TS-OF OWNER: UBP LOT2 E OFHE REALE JILE IEY MaS B MARVAL BELLENDIR OS ONS; ANDA ANYO SUPERFACIS THAT TTLE PCGCIONER - MAVDSE Tis STATEOFCOLORADO ss BIDCRIO YOUMIST TCOALEEA AVIEGKES BETOBAEER COUNTYO MORGAN E AAT THIS P.O.B MFITEWEEN THEFOREGOING CERTIFICATION CCSENERE EASEMENT1 1LEGAL DESCRIPTION OF 20 BY EUSSURVEY YISVALDONLYIFPANTH THASORIGNAL SEAL ANDSIGNATURE OF AJAPPVADES EST 3LEGAL WITNESSMY YHAND DANDOFFICAL SEAL MEETAPAL ECNIC EOF THE EASEMENT LDESCRIPTION - AIERCO AUMVERSONWIOA AOUIAL E ENTERLI INE STRPIORL LANDBENGAPARTOET MYCO COMMISSIONEXPRES TUTE AMANVIDE CLASST WOE TS STA ECRS SEC CORMEROR 5D OYS WEST ENORTEMESE SMEBPANE ANYS AE E VACE MCANDLEST PAENCETN NOTARYPUBLIC OR OR - REE LINE d OR B MVESYV EN E AVYT AMAR - NED NS MORE MANSK TCGRERGEDEOIDNESE 18U. US.C E SURVEIS SHEOTE ESTS THE DISTANG MEASI SUF EME HO COMMISSIONERS - CERTIFICATE: SURVE ARE Us. ETENSEEEEES E VPASMIGETEPSTENEON APPROVED TAIS oin PAARGOENOT EWEEMEEEEN- ARANTEE HAT E SIZE OIL ORAES GEOL LOG BEGINNING; ARE C LLF TURSIF ORS SHOWN ETE TMENCENORTA6F385TE "EASTA TADISTANCEOFT 176.96FEET; MAPCRPGFIGEENTCASTY PASONTONTEE EASTRIGHTOF PENS LASEI SSUE SWI WEL LITY NDERST THAT TMEICENORTMIZITIEFENSTA TADSTANCEOFRIOFEET THENCE SOUTHBTSZIO'EASTA TADISTANCEOF4 46682FEET: ABDECHONDEV VICE GHAINIGE SIDEWALKS LIGHT TING SIGI NI THENCENORTHBH3TO "EASTA ADSTANCEOFISBABFET THENCE SOUTHBBPISTOFEASTA TADISTANCEOFI F128BFEET: THE RESP YOF THE IDE N NAT CCNE WESTADIETANECF GBEETTPNE PRFEPCTMESPIPENSTA ADISTANCE OF 38FEETTOTHE ATTEST VESTOUART ATERCORANER ABNECESGAPS CERKOFBOARD AIRI E POVNDEG TOF THEG 6TH MORT EASBHENTZIEGANDEGHETON - VAST APETEGNERNE SBNECESADS ADICATEV,OS ETANPEDAS AJAPTWADES STRIPIOF LAMDBENEAPANTETET COUNTY EOPNE TAIECCO CH -1OOFEET E CLERK ANDF RECORDER'S CERTIFICATE: SURVEYORSCERTIFCATE PADEERUESS CORMEROETEETENESE APOBERTPATIONASA APROFESSIONAL LANDSURVEY THE ORL COIGRADO,DO STATEOFCOLORADO ss. EA SONAL SUP HAT HISPLATIS TIONT THEREOF COUNTYOFMORGAN NOTES: AT E IHEREBYCERTIFY E SUF TATE OF AL EUEVS - AWSC POMEINSNSTPLMENTN WASFIEPAPYOFFICEA ESEAEEENEErT CMIKC ESEEE5- ANDP EITHER XPRI ORS GAN COUNTY, ANDIS OR 20 ANDISDULY VRECORDEDINPIATFLE FEES PAID 2.A ANYPAST RESENT DPAIVAGE OBL & EKEELEEHEN EOBERIOS PPESOALU LANDSURVEYOR: 3353 DATE CLERKA KANDRECORDER DEPUTY THENCE SOUTH879210 EASTA ADISTANCE EOF 466.82FEET; THENCE SOUTH89P1 1310" EASTA ADISTANCEOF 172.93FEET; SQUTMSSESIO EAST TADISTANCEOF THOMAS SLAND SURVEYNG SUTE2A E CEEDISONFNEA SRE E AIEORMESTSITAHREN PROOF OF OWNERSHIP Current Title Insurance Commitment EQUITY TITLE OF COLORADO 520 Sherman Street Fort Morgan, CO 80701 Phone: 970) 867-0515 e Fax: (970) 867-2246 Date: January 15, 2025 Our File Number: 00057969 SB C-1 - New TBD Commitment Re: Timothy J. Bellendir and Marva L. Bellendir / TBD Property Address: 22910 County Road 21 Fort Morgan, CO 80701 Escrow Officer: Title Only Title Officer: Shelly Butt (303) 563-4655 shelyp@equlyco.com [Delivery List] Seller: Copy to: Timothy J. Bellendir and Marva L. Bellendir Thomas Land Surveying, PLS 2619 West 11th Street Road Suite 24 Buyer: Greeley, CO 80634 TBD Attn: Bob Thomas Ph: (970) 222-3311 Email: bob@thomasis.com SENT VIA EMAIL Order No.: 00057989-003-T03-SB Istewart ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) ISSUED BY Stewart Title Guaranty Company - II NOTICE MPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE NSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part F-Requirements; Schedule B, Part I--Exceptions; and the Commitment Conditions, Stewart Title Guaranty Company - II, a Texas (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned by: Spbrk Frederick H. Eppinger President and CEO Authorized Countersignature 1908 TEXAS Equity Title Associates II,LLC * * Company) Name Fort Morgan, CO 80701 David Hisey Secretary City. State This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Partl -Requirements; and Schedule B, Part lI--Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A( (07-01-2021) Page 1 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMERICAN and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the ASSOCIAT A ANI HILE American Land Title Association. Order No.: 00057969-003-T03-SB COMMITMENT CONDITIONS 1. DEFINITIONS a. Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract oft title insurance, in a form adopted by the. American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": . Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under state statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth oft the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; C. the Commitment Conditions; d. Schedule A; e. Schedule B, Part --Requirements; and f. Schedule B, Part II--Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability oft the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule. A; Schedule B, Part -Requirements; and Schedule B, Part lI--Exceptions; and: a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A (07-01-2021) Page 2 Copyright @2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAr members in good standing as oft the date of use. All other uses are prohibited. Reprinted under license from the LANDITE American Land Title Association. ASSOCIATIO Order No.: 00057969-003-T03-SB 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: I. comply with the Schedule B, Part F-Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part l--Exceptions; or ili. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. C. The Company is only liable under Commitment Condition 4 ifthe Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a, or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part --Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract and is restricted to the terms and provisions of this Commitment. C. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part I--Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PROFORMA POLICY The Company may provide, at the request of a Proposed Insured, a proforma policy illustrating the coverage that the Company may provide. A proforma policy neither reflects the status of Title at the time that the pro- forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part -Requirements; and Schedule B, Part lI--Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A (07-01-2021) Page 3 Copyright @2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDITIE ASSUCIATION American Land Title Association. Order No.: 00057969-003-T03-58 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to thel Proposed Insured. This Commitment Condition does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH SSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN. A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at P/AalaapADtion STEWART TITLE GUARANTY COMPANY - II All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at: Stewart Title Guaranty Company II, P.O. Box 2029, Houston, Texas 77252-2029. This page is only aj part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule. A; Schedule B, Part-Requirements; and Schedule B, Part Il-Exceptions; and a counter- signature by the Company ori its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A (07-01-2021) Page 4 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRIÇAN and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDIE American Land Title Association. ASSOCIATION Order No.: 00057969-003-T03-58 Transaction dentification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Equity Title. Associates I, LLC Issuing Office: 520 Sherman Street, 1 Fort Morgan, CO 80701 ALTAO Universal ID: None Loan ID Number: Issuing Office File Number: 00057969-003-T03-58 Property Address: 22910 County Road 21, Fort Morgan, CO 80701 SCHEDULE A AMERICAN LAND TITLE ASSOCIATION COMMITMENT 1. Effective Date: January 7, 2025 2, Policy to be issued: (a) None Proposed Insured: [TBD] Proposed Amount of Insurance: $0.00 The estate or interest to be insured: [FEE SIMPLE] (b) None Proposed Insured: NONE Proposed Amount of Insurance: $0.00 The estate or interest to be insured: [FEE SIMPLE] (c) None Proposed Insured: [ 1 Proposed Amount of Insurance: The estate or interest to be insured: [ 1 3. The estate or interest in the Land at the Commitment Date is: [FEE SIMPLE] 4. The Title is, at the Commitment Date, vested in: [Timothy J. Bellendir and Marva L. Bellendir] 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Parl -Requirements; and Schedule B, Part lI--Exceptions; and a counter- signature by the Company ori its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A( 07-01-2021) Page 1 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAr members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the ANI IILE American Land Title Association. SOCIAT e Order No.: 0057989-003-T03-58 TITLE PREMIUMS TBD Commitment Search Fee $ 300.00 TOTAL $ $3 300.00 This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule. A; Schedule B, Part --Requirements; and Schedule B, Part I--Exceptions; and a counter- signature by the Company ori its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule A (07-01-2021) Page 1 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAr members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDINLE American Land Title Association. ASSOCIATION Order No.: 00057989-003-T03-S8 EXHIBIT A LEGAL DESCRIPTION The Northwest Quarter (NWYA) and the West Half of the Northeast Quarter (W % NE %4) of Section 10, Township 4 North, Range 57 Wets of the 6th P.M., EXCEPT parcel deeded in Book 1117 at Page 770, of the Morgan County, Colorado records; County of Morgan, State of Colorado. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule. A; Schedule B, Part --Requirements; and Schedule B, Part F-Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form, 010-UN ALTA Commitment for Title Insurance Exhibit/ A (07-01-2021) Page2 Copyright @2021 American Land Title Association. All rights reserved. The use of this Form is restricted to. ALTAI licensees AMERICAN and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the ANDIIU American Land Title Association. ASOCHATION Order No.: 00057969-003-TO3-SB SCHEDULE B = PART I REQUIREMENTS All of the following Requirements must be met: A. The-Proposed-nsuredmustol-tne-Company-nwAwAingoHne-namedfanypany-motrelered-o-nths Commitment-who-lobhialinam-interestn-nelandorwAo-l-makealban.ontneland.The-Company may-tnen-make-adaitegurementsOFEXceptons. B. Pay-lneagreedamountbreasegrme-nsured. C Paythe-premiums-lees,andchargeslorinePoicytoo-the-Company- D. Documents-salisfactoy-lotne-CompanyHnatconvey.ne-ieorcrealelneMorgagetobeinswred,orboth, mustbe-propeslyauhesized,execuied,delvered,andrecordedintne: Public Records f frclause-1 E. Evidence-lf-any-thal-al-assssments-Or-cOmmOR-eNpenss-dve-under-ne-Declaration-refered-to-in SchedleB,Section2comianedHeren,-have-beempald. F- Receiptby-he-Companyoasalisiasi-FinalAlaMeveculed-by-Timotly J. Bellendir and Marva L. Bellendir G. Recptbythe-Cempanyolasaliiacon-Fina-Afidavt, executed by-TBD- H. PaymentolalaxecandasseséEoNdueandpayable. END OF SCHEDULE B = Partl This page. is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Partl --Requirements; and Schedule B, Part Il-Exceptions; and a counter- signature by the Company ori its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule BI (07-01-2021) Page 3 Copyright 02021 American Land' Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAI members in good standing as oft the date of use. All other uses are prohibited. Reprinted under license from the LAND INLE American Land Title Association. ASSOCIATION Order No.: 00057969-003-T03-SB SCHEDULE B = PART II EXCEPTIONS Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction ofthe 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, shortages 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. NOTE: Upon receipt of [a satisfactory survey and] [final affidavits], as shown in Schedule B - Section 1, Exceptions 1 through 4 will not appear on the Lender's Policy (if any) to be issued hereunder. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date of which all of the Schedule B, Part L - Requirements are met. NOTE: Provided Equity Title Associates II, LLC conducts the closing of this transaction, Exception 5 will be deleted. 6. Taxes and assessments which are a lien or are now due and payable; any tax, special assessment, charge or lien imposed for or by any special taxing district orf for water or sewer service; any unredeemed taxs sales. NOTE: Upon payment of all taxes and assessments now due and payable, as shown in Schedule B - Section 2, Exception 6 will be amended to read as follows: "Taxes and assessments for the year 2024 and subsequent years, a lien, not yet due or payable.' 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; (d) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records or listed in Schedule B. 8. The right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises, and ai right of way for ditches and canals constructed by the authority of the United States, as reserved in United States Patent dated January 28, 1910, Patent No., 107739. The Company makes no representation as to thej present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 9. Right of way for ditches and canals constructed by the authority of the United States, as reserved in United States Patent dated June 8, 1911, as Patent No. 203942. 10. Riverside Intake Canal, as presently in existence. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part --Requirements; and Schedule B, Part Il-Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule BI (07-01-2021) Page4 4 Copyright 02021 American Land' Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the ASSOCIATIOY ANDITEE American Land Title Association. Order No.: 00057969-003-T03-SB SCHEDULE B PART II - EXCEPTIONS (Continued) 11. Pond and Creek, as presently in existence. 12. Right of Way for Road purposes as specified in the Road Petition recorded April 15, 1910, in Book 73at Page 20, said road to be not less than 60 feet in width. 13. Right of way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners of Morgan County, as set forth in the Order, recorded May 6, 1907, as Reception No. 25157. 14. Morgan County Road 21, as presently in existence. 15. An Oil and Gas Sub-Lease, from The Northwestern Oil Fields Corporation, as Lessor(s) to C.W. Brubeck, as Lessee(s), dated January 13, 1925, recorded January 17, 1925, as Reception No. 147422, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 16. An Oil and Gas Lease, from Paul M. Miller, as Lessor(s) to The Northwestern Oil Fields Corporation, as Lessee(s), dated January 8, 1925, recorded February 4, 1925, as Reception No. 147836, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 17. An Oil and Gas Lease, from Paul Miller, as Lessor(s) to Indian Territory Company X4 interest and Osage Development Company % interest, as Lessee(s), dated November 1, 1928, recorded September 11, 1929, as Reception No. 189730, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 18. Terms and conditions as set forth in the Agreement, recorded October 3, 1932, as Reception No. 218212. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 19. Reservation of mineral interests, as set out and described in Deed, recorded October 16, 1945, as Reception No. 318071. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 20. An Oil and Gas Lease, from Tony Baltasar and Maria Baltasar, as Lessor(s) to Donald Bolls, as Lessee(s), dated March 10, 1949, recorded July 9, 1949, as Reception No. 348115, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issuel Policy; the Commitment Conditions; Schedule A; Schedule B, Part -Requirements; and Schedule B, Part Il-Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule BI (07-01-2021) Page 5 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AMERICAN and ALTAI members in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license from the LANDIIE American Land Title Association. SSOCIATIOY Order No.: 0057969-003-T03-SB SCHEDULE B PART II - EXCEPTIONS (Continued) 21. An Oil and Gas Lease, from The Federal Land Bank of Wichita, as Lessor(s) to Lion Oil Company, as Lessee(s), dated November 27, 1950, recorded December 14, 1950, as Reception No. 363414, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 22. Terms and conditions as set forth in the Notice of County Zoning Resolution, recorded July 20, 1972, as Reception No. 573931. 23. Terms and conditions as set forth in the Lease, recorded December 6, 1972, as Reception No. 576563. 24. An Oil and Gas Lease, from Nicholas Baltazar, Administrator of the the Tony Baltazar Estate, as Lessor(s) to Edward Mike Davis, as Lessee(s), dated December 22, 1973, recorded January 31, 1974, as Reception No. 585040, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 25. An Oil and Gas Lease, from The Federal Land Bank of Wichita, as Lessor(s) to Edward Mike Davis, as Lessee(s), dated October 1, 1975, recorded November 3, 1975, as Reception No. 598909, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 26. Terms and conditions as seti forth in the Agreement, recorded February 13, 1980, as Reception No. 639585. 27. An Oil and Gas Lease, from The Federal Land Bank of Wichita, as Lessor(s) to Wiepking-Fullerton Exploration, Inc., as Lessee(s), dated May 7, 1981, recorded May 18, 1981, as Reception No. 651668, and any and all assignments thereof or interests therein. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 28. Terms and conditions as set forth in the Easement Grant and Maintenance Agreement, recorded October 31, 1996, as Reception No. 758317. 29. Terms and conditions as set forth in the Deed, recorded June 27, 2002, as Reception No. 800802. 30. Terms and conditions as set forth in the Deed, recorded November 1, 2004, as Reception No. 822137. 31. Reservation of mineral interests, as set out and described in Deed, recorded November 1, 2004, as Reception No. 822137. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 32. Terms and conditions as set forth ini the Severence Agreement, recorded September 7, 2005, as Reception No. 829809. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part --Requirements; and Schedule B, Part lI--Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. 010-UN ALTA Commitment for Title Insurance Schedule BI (07-01-2021) Page 6 Copyright 02021 American Land' Title Association. All rights reserved. The use oft this Form is restricted to ALTAI licensees AMFRICAN - and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDITEE American Land Title Association. ASSOCIATION Order No.: 0057989-003-T03-SB SCHEDULE B PART II - EXCEPTIONS (Continued) 33. Terms and conditions as set forth in the Subscription Agreement, recorded September 27, 2007, as Reception No. 845383. 34. The interest of the Timothy J. and Marva L. Bellendir Trust, created by Beneficiary Deed from Timothy J. Bellendir, recorded July 17, 2009, as Reception No. 856783 under the provisions of C.R.S. 15-15-401, et seq. NOTE: This exception will be deleted upon the conveyance of the subject property from the grantor to the grantee as shown in Schedule A, or upon the recording of a revocation of the beneficiary deed. 35. The interest of the Timothy J. and Marva L. Bellendir Trust, created by Beneficiary Deed from Marva L. Bellendir, recorded July 17, 2009, as Reception No. 856784 under the provisions of C.R.S. 15-15-401, et seq. NOTE: This exception will be deleted upon the conveyance of the subject property from the grantor to the grantee as shown in Schedule A, or upon the recording of a revocation of the beneficiary deed. 36. Terms and conditions as set forth in the Severence Agreement, recorded April 15, 2015, as Reception No. 892859. Discharge of Severence Agreement, recorded December 20, 2021, as Reception No. 937499 37. Terms and conditions as set forth in the Affidavit of Name Change, recorded October 25, 2022, as Reception No. 943386. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 38. Burdens, obligations, terms, conditions, stipulations and restrictions of any and all unrecorded Leases and Tenancies. 39. The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property: a.) Mountain Bell Telephone Company recorded October 2, 1981, in Book 821 at Page 502. b.) Public Service Company of Colorado recorded October 2, 1981, in Book 821 at Page 514. c.) Morgan County REA, recorded January 22, 1982, in Book 825 at Page 656. 40. Deed of Trust from [Timothy J. Bellendir and Marva L. Bellendir to the Public Trustee of [Morgan] County for the benefit of Premier Farm Credit, FLCA, to secure an indebtedness in the principal sum of $425,000.00, and any other amounts and/or obligations secured thereby, dated April 1, 2013, and recorded April 2, 2013, as Reception No. 881329. 41. Release of the Deed of Trust from [Timothy J. Bellendir and Marva L. Bellendir to the Public Trustee of [Morgan] County for the benefit of Premier Farm Credit, FLCA, to secure an indebtedness in the principal sum of $250,000.00, and any other amounts and/or obligations secured thereby, dated December 6, 2013, and recorded December 6, 2013, as Reception No. 885533. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This commitment. is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part --Requirements; and Schedule B, Part l--Exceptions; and a counter- signature by the Company or its issuing agentt that may be in electronic form. 010-UN ALTA Commitment for Title Insurance: Schedule BI (07-01-2021) Page 7 Copyright 02021 American Land' Title Association. All rights reserved. The use oft this Form is restricted to ALTAI licensees AMFRICAN - and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDITEE American Land Title, Association. ASSOCIATION Order No.: 0057969-003-103-SB SCHEDULE B PART II - EXCEPTIONS (Continued) END OF SCHEDULE B - PART II This page is only a part of a 2021 ALTA Commitment for Title insurance. This Commitment is not valid without the Notice; the Commitment to Issuel Policy; the Commitment Conditions; Schedule A; Schedule B, Part-Requremenis; and Schedule B, Part --Exceptions; and a counter- signature by the Company or its issuing agent that may bei in electronict form. 010-UN ALTA Commitment for Title Insurance Schedule BI (07-01-2021) Page 8 Copyright 02021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAI licensees AMFRICAN and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the LANDIIL American Land' Title. Association. ADOCITTON - DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED INA SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURERS AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Equity Title Associates II, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and thel Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 00057969 ALTA Commitment for Title Insurance 6-17-06 (Revised 8-1-16) Page 9 Orange Coast Title Family of Companies PRIVACY POLICY We are committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us). Information about your transactions with us, our Affiliated Companies, or others; and Information we receive from a consumer reporting agency. Your California Rights (see attachments) or you may visit our website at htps-lwww.tileadvantagecomlprivacypolicy.htm or call toll-free at (866) 241-7373. Only applies to CA residents Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any ofy your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will post the updated Privacy Policy on our website and provide the ability to opt out (as required by law) before the new policy becomes effective. Ify you have any questions or comments regarding our Privacy Policy you may contact us at our toll free number (866) 241- 7373 or email us at dataprivacy@octitle .com. Privacy Policy Last Revision 12/26/2019 Effective on 1/1/2020 Your California Rights Ifyou are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act ("CCPA"). All phrases used herein shall have the same meaning as those phrases used under relevant California law, including but not limited to the CCPA. File No.: 00057969 ALTA Commitment for Title Insurance 6-17-06 (Revised 8-1-16) Page 10 Right to Know You have the right to know: The categories of personal information we have collected about or from you; The categories of sources from which we collected your personal information; The business or commercial purpose for collecting or sharing your personal information; The categories of third parties with whom we have shared your personal information; and The specific pieces of your personal information we have collected. Process to Submit a Request. To submit a verified request for this information you may visit our website at https:!www.t titleadvantage. com/privacypolicy. htm or call toll-free at (866) 241-7373. Your may also designate an authorized agent to submit a request on your behalf by visiting our website https:/www. titleadvantage. comlprivacypolcy.htm or calling toll-free at (866) 241-7373 and then also submitting written proof of such authorization via e-mail to datapfivacyQoctile .com. Verification Method. In order to ensure your personal information is not disclosed to unauthorized parties, and to protect against fraud, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Right of Deletion You have a right to request that we delete the personal information we have collected from or about you. Process to Submit a Request. To submit a verified request to delete your information you may visit our website at https://www: titleadvantage. comipivacypolicy.htm: or call toll-free at (866) 241-7373. You may also designate an authorized agent to submit a request on your behalf by clicking here or calling toll-free at (866) 241-7373 and then also submitting written proof of such authorization via e-mail to dataprivacy@octite. .com. Verification Method. In order to ensure we do not nadvertently delete your personal information based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Right to Opt-Out We do not sell your personal information to third parties, and do not plan to do SO in the future. Right of Non-Discrimination You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, OC Title & family of Companies will not discriminate against you in any way ify you choose to exercise your rights under the CCPA. California Minors Ifyou are a California resident under the age of 18, California Business and Professions Code S 22581 permits you to request and obtain removal of content or information you have publicly posted on any of our Applications or Websites. To make such a request, please send an email with a detailed description of the specific content or information to datapfivacyQoctite .com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested. Collection Notice The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Notice was last updated, including the business or commercial purpose for said collection, the categories of sources from which we may have collected the personal information, and the categories of third parties with whom we may have shared the personal information: Categories of Personal Information Collected The categories of personal information we have collected include, but may not be limited to: real name protected characteristics state identification card signature under federal or state law number alias address IP address SSN telephone number policy number physical characteristics or passport number file number description, including driver's license number employment history bank account number credit card number financial account numbers professional or debit card number commercial information employment information Categories of Sources Categories of sources from which we've collected personal information include, but may not be limited to: the consumer directly public records governmental entities non-affiliated third parties affiliated third parties Business Purpose for Collection The business purposes for which we've collected personal information include, but may not be limited to: completing a transaction for our Products verifying eligibility for employment facilitating employment performing services on behalf of affiliated and non-affiliated third parties protecting against malicious, deceptive, fraudulent, or illegal activity Categories of Third Parties Shared The categories of third parties with whom we've shared personal information include, but may not be limited to: service providers government entities operating systems and platforms non-affiliated third parties affiliated third parties Sale Notice We have not sold the personal information of California residents to any third party in the twelve months preceding the date this Privacy Notice was last updated, and we have no plans to sell such information in the future. We also do not, and will not sell the personal information of minors under sixteen years of age without affirmative authorization. Disclosure Notice The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the twelve months preceding the date this Privacy Notice was last updated. real name address credit card number Signature telephone number debit card number Alias passport number financial account numbers SSN driver's license number commercial information physical characteristics or state identification card professional or employment description, including number information protected characteristics IP address under federal or state law policy number file number employment history bank account number Ify you have any questions and/or comments you may contact us: Call Us at our toll free number (866) 241-7373 Email Us at datapfivacyQoctile .com Revised on 1/24/2020 / Effective on 1/1/2020 STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf oft the Stewart Title Guaranty Company Il and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Blly, Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes- to process your transactions and maintain your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to you. Yes No Forj joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For nonaffiliates to market to you. Nonaffiliates are companies not related by No We don't share common ownership or control, They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third parly insurance company, we will disclose your personal information to that nonaffiliate. We do not control their subsequent use ofi information, and suggest you refer to their privacy notices. Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Ifyou have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company GontactUs -II, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.:, 00057969-003-T03 THIS ADDENDUM IS MADE PART OF THE POLICY AND IS PERMANENTLY AFFIXED HERETO COLORADO ANTI-FRAUD DISCLOSURE PURSUANT TO C.R.S. 10-1-128 (6) "lt is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. # UTILITY / ACCESS Water Septic Electric Driveway 2/14/25, 10:34. AM Co.morgan.co.us Mail Bellendir tap Gmail Cheryl Brindisi 70.42700 $1,940.28 enter the key below in Verify My Émail' VERIFICATIONI KEY: Y3VY55TY RIVERSIDE IRRIGATION $220.00 PRIOR YEAR TAX CHARGE 2173.24 SB: 25 In absence of State Legislative Funding. your GRAND TOTAL $2,160.28 School General Fund mill levy would have hgen 94.3770 UNPAID PRIOR YEAR TAXES No Contact Treasurer's Olfice Immediately It a number appears above, LEGAL DESCRIPTION OF PROPERTY PAYMENT DUE DATE AMOUNT i: 10 T: 4 R: 57 NW1/4 EX B1117 P770 & M/2NE1/4 FIRST HALF FEB 28, 2025 $1,080.1 14 SECOND HALF JUNE 15, 2025 $1,080.1 14 CRES: 209.250 FULL PAYMENT APRIL 30, 2025 $2,160.28 ROPERTY LOCATION: 22910 CO RD 21 R009123 Make Checks Payable To: MORGAN COUNTY TREASURER BELLENDIR, TIMOTHY J & MARVA L 4 LAKEVIEW CIRCLE SEE IMPORTANT INFORMATION ON BACK. FORT MORGAN, CO 80701 THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAXI NOTICE TOT THE OWNER OF RECORD. KEEP THIS NOTICE FOR YOUR RECORDS. RETAIN TOP PORTION FOR) YOURI RECORDS UNPAID PRIOR TAXES No 2024 TAXES DUE IN 2025 Conlact Treasurer's Olfice Immediately la ar number appears above. ur cancelled check Is RETURNTHIS COUPONFORS SECONDHAFPAYMENTS url best recelpt and saves ut tax dollars. Toc obtain a ceipt, your must retum 2nd Half l S Due June copy check Coupon and 15th here. OPERTY LOCATION RETURNTHIS COUPOMMITAPAAENTIC, ACCOUNTNUMBER MORGAN COUNIVIREASURER 22910 CO RD 21 P.O. BOX 593, 231 ENSIGN STREET R009123 FORTMORGAN, CO 80701 Check this box for change of address and complete the back of this form. 067111 R009123 ROPERTY BELLENDIR, TIMOTHY J & MARVA L SECOND HALF DUE BY JUNE 15, 2025 $1,080.14 MNER 11008 41 LAKEVIEW CIRCLE ICORD FORT MORGAN, CO 80701 * PAYMENTSA MUST BEI MADE! INUS. FUNDS UNPAID PRIOR: TAXES 000A TAVEC ni ID IAI nAnE No LANDOWNER LETTERS, REFERRALS & RESPONSES Landowner Letter Sent & Responses Received Referral Sent & Responses Received Notification Sign Posting Pictures & Affidavit M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT April 9, 2025 Dear Neighboring Landowners: Timothy Bellendir and Bre Gilliland as applicants and Marva Bellendir as landowner have submitted an application to our office for a 2-Lot Minor Subdivision. The total acreage being divided into 2 Lots is 6.51 acres. Lot 1 will be 4 acres; Lot 2 will be 2.51 acres. Legal Description: A parcel of land located in the NW14 of Section 10, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Also known as 22910 Co Rd 21, Fort Morgan, CO 80701. This application is scheduled to be heard by the Planning Commission at a special meeting on Monday, April 28, 2025 at 6:00 P.M. and the Board of County Commissioners on Tuesday, May 6, 2025 at 9:00 A.M. to be held in the Assembly Room of the Morgan County Administration Building, 231 Ensign St., (Basement Level) Fort Morgan, Colorado. Landowners within 1,320 feet of the subject property are notified of the application and hearing date. Documents pertaining to the above identified matters are on file in the Planning Administrator's Office located at 231 Ensign St., Fort Morgan, Colorado. If you have any questions pertaining to this application or if you would like to review the file, either contact us at (970) 542-3526 or stop by our office prior to the hearing. You may attend the public hearing and provide comments on the application, or alternatively, if you are not able to attend you may submit written comments to our office no later than April 23, 2025. Sincerely, Nicole Hay Nicole Hay Planning Administrator For special assistance for the mentioned hearing, please notify us at least 48 hours before the scheduled agenda item. Please call (970). 542-3526 to request any. ADA accommodations. Morgan County Government d 231 Ensign St & PO Box 596 & Fort Morgan, CO 80701 Telephone (970) 542-3526 & hay@co.morgan.co.us BELLENDIR, TIMOTHY J & MARVA L 4 LAKEVIEW CIRCLE FORT MORGAN, CO 80701 D & S REVOCABLE LIVING TRUST 22801 CO RD 21 FORT MORGAN, CO 80701 ARGUELLO, PAULITA PO BOX 732 FORT MORGAN, CO 80701 FOUR X RANCH INC 22915 CO RD 23 FORT MORGAN, CO 80701 MOTA-RODRIGUEL, IGNACIO PO BOX 663 HUDSON, CO 80642 BOYER, LUANN K 22500 CO RD 21 FORT MORGAN, CO 80701 LEBSOCK 13 FARMS LLLP 23250 CO RD 21 FORT MORGAN, CO 80701 WOOD, CAROLYN I 19534 CO RD R.7 FORT MORGAN, CO 80701 FELDPAUSCH, CHARLES R 34600 CO RD3 31 GREELEY, CO 80631 GOEDERT, HAROLD E 22941 CO RD 21 FORT MORGAN, CO 80701 JUMP, JACOB D & TRACY L 22506 CO RD 21 FORT MORGAN, CO 80701 leld.tonAiner2u5.B320App100HS, Bellendir MASOlambenanarchalngis, 9326.3X0at102u5 8:35:17 AM] WOOD, NAOMI I TRUST 21415 CO RD 22 FORT MORGAN, CO 80701 3 SONS LLC 20433 CO RD W FORT MORGAN, CO 80701 leld.tonAiner2u5.B320App100HS, Bellendir MASOlambenanarchalngis, 9326.3X0at102u5 8:35:17 AM] MRGAN COUNTY Where Prairie Meets TheSky MORGAN COUNTY PLANNING AND ZONING DEPARIMENT TO REFERRAL AGENCIES: Century Link Morgan County Road and Bridge Colorado Parks and Wildlife Morgan County Rural Electric Assoc Fort Morgan Fire Department Morgan County Sheriff Department Morgan County Assessor Morgan County Weed & Pest Advisory Board Morgan County Communications Northeast Colorado Health Department Morgan County Emergency Mgmt. Riverside Irrigation District Morgan County Quality Water Xcel Energy Morgan Conservation District FROM: Cheryl Brindisi, Morgan County Planning & Zoning Administrative Assistant 231 Ensign St, PO Box 596, Fort Morgan, CO 80701 970-542-3526 / 970-542-3509 fax / hrindhlecomorancous DATE: April 9, 2025 RE: Land Use Application-2-Lot Minor Subdivision The following Minor Subdivision application is submitted to you for review and comments. The application is scheduled to be heard by the Planning Commission at a special meeting on Monday, April 28, 2025 at 6:00 P.M. and the Board of County Commissioners on Tuesday, May 6, 2025 at 9:00 A.M. You are encouraged to provide comments to this application by April 23, 2025. Failure to comment will be viewed as a favorable review. Applicants: Timothy Bellendir and Bre Gilliland Landowner: Marva Bellendir Legal Description: A parcel of land located in the NW14 of Section 10, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Also known as 22910 Co Rd 21, Fort Morgan, CO 80701. Request: 2-Lot Minor Subdivision. The total acreage being divided into 2 Lots is 6.51 acres. Lot 1 will be 4 acres; Lot 2 will be 2.51 acres. Sincerely, Chesy! Bindioi, Morgan County Planning and Zoning Administrative Assistant Morgan County Government & 231 Ensign St d PO Box 596 & Fort Morgan, CO 80701 Telephone (970) 542-3526 Xcel SM Right of Way & Permits Energy 1123 West 3 Avenue Denver, Colorado 80223 PUBLIC SERVICE COMPANY Telephone: April 15, 2025 Morgan County Planning and Building Department 231 Ensign / PO Box 596 Fort Morgan, CO 80701 Attn: Cheryl Brindisi, Nicole Hay, Jenafer Santos Re: Bellendir West Minor Subdivision Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the plan for Bellendir West Minor Subdivision and currently has no apparent conflict. As a safety precaution, PSCo would like to remind the developer to dial 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: Email: NOTICE OF SPECIAL PUBLIC HEARING MORGAN COUNTY PLANNING COMMISSION APRIL 28, 2025 AT 6:00 P.M. VIRTUAL AND IN PERSON IN THE ASSEMBLY ROOM, MORGAN COUNTY ADMINISTRATIVE BUILDING, 231 ENSIGN, FORT MORGAN, COLORADO Notice is hereby given that on the date and time above (or as soon as possible following the scheduled time) and at the location above, or at such time and place as this hearing may be adjourned, the Morgan County Planning Commission will conduct public hearings on the following proposed Land Use Applications: 1.) Applicants: Timothy Bellendir and Bre Gilliland Landowner: Marva Bellendir Legal Description: A parcel of land in the NW14 of Section 10, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Also known as 22910 Co Rd 21, Fort Morgan, CO 80701. Request: A 2-Lot Minor Subdivision. The total acreage being divided into 2 Lots is 6.51 acres. Lot 1 will be 4 acres; Lot 2 will be 2.51 acres. Date of Application: February 18, 2025 2.) Applicant: Jay Greener Landowner: Buck Creek LandCO, LLC Legal Description: A parcel of land in the SE14 of Section 11, Township 2 North, Range 60 West of the 6th P.M., Morgan County, Colorado. Request: A 4-Lot Minor Subdivision. The total acreage being divided into 4 Lots is 24.43 acres. Lot 1 will be 3.46 acres, Lot 2 will be 8 acres, Lot 3 will be 7.23 acres and Lot 4 will be 5.74 acres. Date of Application: February 18, 2025 THE COUNTY WILL CONTINUE TO OFFER THE OPTION TO ATTEND MEETINGS REMOTELY. IF YOU HAVE ANY QUESTIONS REGARDING ATTENDING THE MEETING, PLEASE CONTACT THE PLANNING OFFICES AT 970-542-3526. To participate remotely you may connect via Zoom at: htps/As2web.zcom.us/8945385960 Join via audio: +1 719 359 4580 US Webinar ID: 893 4538 5960 Documents pertaining to the above identified matters are on file in the Planning Administrator' S Office, 231 Ensign St., Fort Morgan, Colorado. Twenty-four hours prior to the meeting, the Planning Commission meeting packet is available here: ogancoamycolomdogow At time of the meeting an opportunity will be given for presentation of evidence in support of or in opposition to the application. Nicoke Hay Nicole Hay Morgan County Planning Administrator Posted to website: April 14, 2025 For special assistance for the mentioned hearing, please notify us at least 48 hours before the scheduled agenda item. Please call (970) 542-3526 to request any ADA accommodations. The above was on 4117125 sign posted (date) pursuant to the Morgan County Zoning Resolution by (name of applicant) IimBellendir 8Bre Gulhand name and 15R025-c0 Project number: Billondar/bveener D! Signature of Applicemnt/Representative: Avanwl dlande - - STATE OF COLORADO) JENAFER SANTOS NOTARY PUBLIC SS. STATE OF COLORADO COUNTY OF MORGAN) NOTARY ID 20194036716 MY COMMISSION EXPIRES 10/03/2027 Signed before me this date: 4123/25 My Commission expires: 1D/0312027 NOTARIZED BY : - MA A HEARNG ON LAND USE NOTICE OF PUBLIC PLANNNG COHMITON BEFORETHEE APPLICATION Belendir and BaGilland APAICTEIRE Mana Bellend landowTE 2-Lot Minor divisi0 Enign.re Reason: oi Hearing Location CO 8010 Fart Morgan, Date of Heschen NOTICE OF PUBLIC HEARING ON LAND USE APPLICATION BEFORE THE PLANNNG COMMISSION Aplicantr. Timathy Belendir and. Bre Gilland lantomararas Belendir Rezson: 2-Lat Mnr Swbornion Location dlan - - Fort Morgaro Dare PLANNING COMMISSION 6:00 P.M. I APRIL 28, 2025 - - GREENER MINOR SUBDIVISION TABLE OF CONTENTS File Summary Original Submittal Application Right to Farm Applicant Narrative Revegetation Plan Site Plan / Maps Proof of Ownership Current Title Insurance Commitment Utilities / Access Water Septic Electric Driveways Additional Application Information Ditch Company Impact Statement Soil Map Mineral Notification Statement of Taxes Landowner Letters, Referrals & Responses Landowner Letter sent & Responses Received Referral Sent & Reponses Received Notification Sign Posting Pictures & Affidavit M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT March 17, 2025 Jay Greener, Buck Creek LandCO, LLC PO Box 652 Erie, CO 80516 Sent via email: Dear Applicant: Your Application for a Minor Subdivision has been received by our office and will go to review and decision by the Planning Commission and the Board of County Commissioners. A special hearing for the Planning Commission will be held on Monday, April 28, 2025 at 6:00 P.M. The hearing for the Board of County Commissioners will be held on Tuesday, May 6, 2025 at 9:00 A.M. Mineral Right notifications need to be made by March 28, 2025 and proof of mailing provided to our office no later than April 13, 2025. As per Section 8-170 (I)(1) notification sign postings need to occur no later than 10 days prior to each hearing and photographs accompanied by an affidavit to our office no later than 5 days prior to each hearing. One sign facing each public right-of-way adjacent to the property is required. The county will provide (2) signs for each hearing, one off of HWY 52 and one off ofCounty Road K. It is up to you to post it. Planning Commission sign notice dates: Posted by April 18, 2025 Pictures and Affidavit by April 23, 2025 Board of County Commissioners sign notice dates: Posted by April 25, 2025 Pictures and Affidavit by May 1, 2025 We will have both PC and BCC signs ready to be picked up in our office on Monday, April 14th, 2025. It is necessary that the landowners be present at the hearings to answer any questions the Planning Commission and Board of County Commissioners may have. If any of the landowners are unable to attend, a letter stating who will be representing them will be needed for each hearing. Do not hesitate to contact us at any time if you have questions. Sincerely, Nicole Hay Nicole Hay Planning Administrator Morgan County Government d 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & hay@co.morgan.co.us FILE SUMMARY M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT MORGAN COUNTY PLANNING COMMISSION FILE SUMMARY April 24, 2025 Special Hearing date - April 28, 2025 APPLICANT: Jay Greener LANDOWNER: Buck Creek Landco, LLC This application is for a 4-lot Minor Subdivision of 24.43 acres located in the SE44 of Section 11, Township 2 North, Range 60 West of the 6th P.M., Morgan County, Colorado. The property is zoned Agriculture Production. Lot 1 will be 3.46 acres, Lot 2 will be 8 acres, Lot 3 will be 7.23 acres, and Lot 4 will be 5.74 acres. Currently, all 4 lots are vacant. Included in the packets are referral responses from Xcel, Wiggins Fire District and CDOT. Section 8-195 of the Morgan County Subdivision Regulations requires review of the listed criteria and compliance to be determined prior to approval of the proposed subdivision. In reviewing an application for a minor subdivision, the Planning Commission and the Board ofCounty Commissioners shall apply the following criteria as listed from Section 8-195 of the Morgan County Subdivision Regulations: (A) Whether the application documents are complete and present a clear picture of how the subdivision is to be laid out including all infrastructure, easements, and access. The application documents are complete: 1) Northeast Colorado Health Department has issued a letter regarding onsite wastewater treatment systems on Lots 1 thru 4. 2) Lots 1 thru 4 will be served by Morgan County Quality Water. 3) Access for all four lots is off of County Road K. A 40-foot access easement is created through the proposed minor subdivision and a shared access acknowledgment will be recorded if the proposed minor subdivision is approved. 4) Property is located in the Wiggins Fire District. 5) Soil map was provided by the Natural Resources Conservation Service. Morgan County Government & 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & mhay@co.morgan.co.us 6) No mineral estate owner has filed a request for notice with the Morgan County Clerk & Recorder. 7) Right to Farm notices were signed by the property owner and provided with the application. (B) Whether the proposed subdivision is consistent with the Morgan County Comprehensive Plan. The subdivision is located in the southwest planning area. Chapter 2, Plan Summary Goal: Section 2.C.1- To encourage development where proposed development is compatible with existing land uses and access to public infrastructure is established. Large parcels used as single family home sites and other minor subdivisions surrounded by farmland and pasture ground are in the area. There is access to County Road K, Morgan County Quality Water, and Morgan County REA. (C) Whether the proposed subdivision is compatible with surrounding land uses and is adequately buffered as needed. All properties adjoining this proposedsubdivision are in the Agricultural Production District. There is pasture ground to the north, minor subdivisions to the west and south and larger parcels with singlej family homes sites are to the east. Nicole Hay Morgan County Planning Administrator Morgan County Government d 231 Ensign St & PO Box 596 d Fort Morgan, CO 80701 Telephone (970) 542-3526 & mhay@co.morgan.co.us ORIGINAL SUBMITTAL Original Application Right to Farm PERMIT # MM52025 = COUNTY 0002 MORGAN MRGAN PLANNING, ZONING & Date Received 2 /25 125 Received By & OUN - BUILDING DEPT. 231 Ensign, Fee: Administrative Review $ Full Review $ P.O. Box 596 (5000 Fort Morgan, Colorado 80701 CCHL02D Paid 2. 8 / 25 Recording Fee $ (Ck) PHONE (970)542-3526 CC #: Paid / / P CI Date: / WhereP Prairie) MeetsTheSky FAX (970)542-3509 Email: permit_licensing@comorgan.co.us BOCC Date: / 100 Year Floodplain? Y/ N) Taxes Current Yh N MIINOR SUBDIVISION APPLICATION Landowner MUST Sign Application and Right to Farm Policy APPLICANT LANDOWNER Name Jay Greener Name Buck Creek LandCO, LLC Address PO Box 652, Erie, CO 80516 Address PO Box 652, Erie, CO 80516 Phonel Phone Email Email SURVEYOR Name Bob Thomas, Thomas Land Surveying Email Address 2619 W 11th Street Rd Ste 24, Greeley, CO 80634hone C Minimum Lot Size Requirements: -Minimum lot size for parcels containing both a water well and septic system is 2.5 (two and one half) acres -Minimum lot size for parcels without a water well and served by a public or private water system and septic system is 1 (one) acre PROPERTY LEGAL DESCRIPTION AND TECHNICAL INFORMATION Address ofProperty to be divided (or general location if not yet addressed): *Attach extra pages ifneeded Property is northwest of the intersection of Hwy 52 and County Road K, south of Wiggins. Parcel #: 129741000019 I -R022822 Zone District: A S: 11 T: 2N R: 60W % % SE Y Total acreage in parcel: 66ac Number of lots to be created: 4 + outlot Is property located within 1320' (1/4) of a livestock confinement facility? Y/N N Distance and Direction to Nearest Community: -6mi south of Wiggins. PRESENT use of property Pasture / Grass PROPOSED use of property Single Family Residential, Recreational Agriculture. SEE REQUIRED ATTACHMENT LIST ON BACK OF THIS PAGE INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED OR PROCESSED MINOR SUBDIVISION APPLICATION REQUIRED ATTACHMENT LIST Additional information may be required by staff Non-Refundable Application Fee due with application as determined by staff: Application Fee: *Additional fees and charges may be required pursuant to Section 2-160 of Morgan County Zoning Regulations. Applicant will bei responsible for any legal fees after thej first 5 hours. 1$ Administrative Review OR O$ Full Review Up to 10.90 acres. $550.00 11 - 20.9 acres $575.00 21 - 30.9 acres $600.00 31 - 40.9 acres $625.00 41 - 60.0 acres $650.00 60.0 acres+. $650.00 Plus $15.00 per 40 acres or fraction therein of excess of 60 acres For example: 99 acres property would be 99-60-39acres in excess so. $650+S15-S665jee *Fees may be subject to change per section 2-160 ofMorgan County Zoning Regulations Project Narrative: Narrative to include: Project Description Purpose of request, including minor subdivision criteria Additional information to show project's intent How project will relate to or impact existing adjacent uses All off-site impacts and proposed mitigation measures Development or implementation schedule of project General topography ofl land and potential hazards If property is in the floodplain, give Zone, panel number, and panel date mmstmsmunmthens OIs proposed subdivision located within a Fire District? Site Plans/Maps: Plat map (survey) per requirements set forth in the Morgan County Subdivision Regulations Section 6-170 must show the original exempted parcel and the parcel being created through this amendment (SUBMIT ELECTRONICALLN) Improvement location certificate, including setbacks of existing structures, wells and septic system (SUBMIT ELECTRONICALLNA Include any easements required for the project-widths and other pertinent information. May be required to supply copies of easement agreements Proof of Ownership: Current title insurance commitment (within last 6 months) Names, addresses and phone numbers for all property owners Utilities/Access Water- Must have "Will Serve Letter" for lots being subdivided Septic System Existing Septic System - Evaluation of adequacy in terms of today's regulations from local Health Department Private System - "Will Serve Letter" Proposed Septic System "Will Serve Letter" Public System "Will Serve Letter" Electric (Electric bill or letter of commitment from electricity provider) Driveway Permit from CDOT or Morgan County Road and Bridge (If required by staff) Technical: Ditch Company- Proof of contact ift there is a ditch on or next to your property JImpact statement from Morgan County Extension for determination of the number of animal units this land can sustain JSoil Map from Morgan Conservation District showing suitability for sanitary facilities, and building site development for site specific soil Revegetation Plan Notification to all mineral rights owners and/or lessees Provide names and addresses as well as a copy ofa letter sent 30 days prior to submission or if unable to locate, submit a list of owners/lessees showing 3 sources of attempts to locate. Declaration of restrictive covenants Homeowners Association agreement and by-laws Right to Farm Policy signed by Landowner (attached) Recording Fees: All recording. fees will be collected at the conclusion ofo all hearings Made payable to Morgan County Clerk & Recorder Plat map recording fee $13.00 first page $10.00 per page thereafter # additional pages X 10=$ +$13=$ Total Recording Cost ICovenants recording fee $13.00 first page $ 5.00 per page thereafter *Title to any or all of the Minor Subdivision CANNOT be transferred until all required documents have been recorded in the Morgan County Clerk and Recorders office. JAdditional Information required by staff: # Paper Application Sets Digital Copy of Complete Application One sided only please LANDOWNER AND APPLICANT STATEMENTS Property taxes must be current prior to processing application. I hereby certify that to the best ofmy knowledge, the information contained within this application package is true and correct. Applicanon must be signed by applicant and landowner as itappears in title insurance. 01/21/2025 01/21/2025 Applicant Signature Date Landowner Signature Date 01/21/2025 01/21/2025 Applicant Signature Date Landowner Signature Date MORGAN COUNTY RIGHT TO FARM POLICY / NOTICE Morgan County is one ofthe most productive agricultural counties in Colorado. Ranching, farming, animal feeding, and all other manner of agricultural activities and operations in Morgan County are integral and necessary elements oft the continued vitality ofthe county's economy, culture, landscape and lifestyle. Morgan County specifically recognizes the importance ofa agricultural operations as necessary and worthy ofi recognition and protection. Landowners, residents and visitors must be prepared to accept as normal the effects of agriculture and rural living. These may include noise from tractors, equipment, and aerial spraying sometimes at night or in the early morning; dust from animal pens, field work, harvesting, and gravel roads; odor from animal confinement operations, silage and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers, including aerial spraying; and movement oflivestock or machinery on public roads. Under the provisions of the State of Colorado's "Right to Farm" law (Section 35-3.5-101 and following, C.R.S.), all normal and non-negligent agricultural operations may not be considered nuisances. Also public services in a rural area are not at the same level as in an urban or suburban setting. Road maintenance may be at a lower level, mail delivery may not be as frequent, utility services may be nonexistent or subject to interruption, law enforcement, fire protection and ambulance service will have considerably longer response times, snow may: not be removed from county roads for several days after a major snow storm. First priority for snow removal is that school bus routes are normally cleared first. Children are exposed to different hazards in a rural setting than they are in an urban or suburban area. Farm and oilfield equipment, ponds, and irrigation ditches, electrical service to pumps and oil field operations, high speed traffic, noxious weeds, livestock, and territorial farm dogs may present real threats to children. It is necessary that children's activities be properly supervised for both the protection of the children and protection ofthe farmer's livelihood. All rural residents and property owners are encouraged to learn about their rights and responsibilities and to act as good neighbors and citizens of Morgan County. This includes but is not limited to obligations under Colorado State law and Morgan County Zoning Regulations regarding maintenance ofi fences, controlling weeds, keeping livestock and pets under control. There may be provisions ofwhich you are unaware. For example, because Colorado is a Fence Law State, owners of property may be required to fence livestock out. Information regarding these topics may be obtained from the Colorado State University Cooperative Extension Office, the County Planning and Zoning Department, and the County Attorney. RECEIPT AND STATEMENT OF UNDERSTANDING II hereby certify that I have received, read, and understood the Morgan County Statement of Policy and Notice regarding Right to Farm. I further state that I am aware that the conditions ofl living in an unincorporated area are different than living in a town or city and that the responsibilities ofi rural residents are different from urban or suburban residents. I understand that under Colorado law that a pre- existing, non-negligent agricultural operation may not be considered a public or private nuisance. 01/21/2025 Signature Date Printed Name To Be Signed by Landowner Jay Greener Address PO Box 652, Erie, CO Adopted by the Morgan County Board of County Commissioners by Resolution #96BCC41 on July 23, 1996 and amended by Resolution 2008 BCC 34 on September 2, 2008. RECEIPT Morgan County MRGAN 231 Ensign, Fort Morgan, CO 80701 COUNTY (970) 542-3526 MS2025-0002 Minor Subdivision Permit Where Prairie Meets The Sky Receipt Number: 545568 Payment Amount: $650.00 February 18, 2025 Transaction Method Payer Cashier Reference Number Check Buck Creek Jenafer Santos 1020 Comments Assessed Fee Items Fee items being paid by this payment Assessed Fee Item Account Code Assessed Amount. Paid Balance Due On 02/28/25 Minor Subdivision - Full Review $650.00 $650.00 $0.00 Totals: $650.00 $650.00 Previous Payments $0.00 Remaining Balance Due $0.00 Application Info Property Address Property Owner Property Owner Address Valuation Vacant Buck Creek LandCO LLC PO Box 652 Wiggins, CO 80654 Erie, CO 80516 Description of Work 4 lot minor subdivision off of HWY 52 and CK 5 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entityi named BUCK CREEK LANDCO, LLC and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership limlted llabillty company Imited partnershlp assoclation general partnership government or governmental subdivision or agency limited partnership trust (Section 38-30-108.5, C.R.S.) other: 3. The entity is formed under the laws of: Colorado 4. The mailing address for the entity is: 150 Wells St, #652, Erie, CO 80516 5. The name M position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: JAY D. GREENER, MGR/MBR 62 The authority of the foregoing person(s) to bind the entity is D not limited M limited as follows: NONE 7. Other matters concerning the manner in which the entity deals with interests in real proporty: Exeeuted this 13th day of pecember, 2024. BUCK CREEWANDCO. LLC BY: 16 JAYYD. GREENER Mgr/Mbr State of Colorado County of Morgan Signed and sworn to before me the 13th of December, 2024, by. JAY D. GREENER, the Mgr/Mbr of BUCK CREEK LANDCO, LLC, on bphalf of the Limited Liability Company. /4 Notary Rublig LINDA LI REDING NOTARY PUBLIC STATE OF COLORADO Affix stamp/seal: Notary ID #19944009987 6120/2026 My Commission Expires Official Records of Morgan County, ÇO 954296 12/13/2024 03:25:45 PM Rec Fee: 13.00 State Documentary. Fee SCs Kevin Strauch 1 This form should not be used unless the entity is capable of holding title to real property. 21 The absence ofany limitation shall be prima facie evidence that no such limitation exists. 3 The statement of authority must be recorded to obtain the benefits of the statute. No. 1112. Rev, 8-01. STATEMENT OF AUTHORITY (Page 1 of 1) Rotwe fo buck Coek londco 150 w.alls St 157 Fhin TA XA511. APPLICANT NARRATIVE Greener Minor Subdivision Project Narrative Parent Property: 66-acre parcel located approximately seven miles south of Wiggins, CO, Northwest Corner of Hwy 52 and County Road K. Maps approximately to: 4901 County Road K, Wiggins, CO. 40.14916678784421, 104.05717492830338 Parcel Number: 129711000019 Account Number: R022822 Applicant: Buck Creek LandCO, LLC, Jay Greener, Manager. 1. Project Description This application seeks approval for a minor subdivision of a 66-acre parcel zoned AG (Agriculture) in Morgan County. The proposed subdivision will create four single-family residential lots ranging in size from 3.46 to 8.0 acres. This configuration allows for spacious homesites with ample acreage for recreational agricultural activities such as gardening, raising small livestock, or participating in 4-H projects. The lot sizes are as follows: Lot 1: 3.46 acres Lot 2: 8.0 acres Lot 3: 7.23 acres Lot 4: 5.74 acres The remaining 41.7 acres of the parent parcel will be retained as an out-lot which may be held by the owner, sold as a single parcel, or further subdivided in the future. The property is currently vacant, with no existing structures. 2. Purpose of Request This minor subdivision aligns with Morgan County regulations, which allow the creation of up to four lots in a minor subdivision without requiring a more complex major subdivision process. The project's purpose is to provide desirable rural residential lots that balance privacy with agricultural opportunities, while minimizing impacts on the surrounding area. 3. Project Intent The intent of this project is to establish a small, low-impact residential development that harmonizes with the rural character of the area. The subdivision will enable residents to enjoy a rural lifestyle while preserving Morgan County's agricultural heritage. No additional covenants or restrictions beyond compliance with county land planning and zoning regulations are proposed. 4. Impacts on Adjacent Uses The proposed subdivision is anticipated to have minimal impact on adjacent properties. The low density and large lot sizes will ensure the preservation of the area's rural character. The project does not involve any activities that would significantly alter the use or enjoyment of neighboring properties. 5. Off-Site Impacts and Mitigation The primary off-site impact is a minor increase in traffic on County Road K and Highway 52. Given the limited number of proposed lots and the low expected traffic volumes, no traffic calming measures or additional road improvements are necessary at this time. Utility connections, including electricity and water, will be implemented with minimal disruption to the surrounding area. 6. Access and Driveway Access to the subdivision will be provided via a new private driveway connecting to County Road K, approximately 500 feet west of Highway 52. The driveway will be 20 feet wide and approximately 1,300 feet long; this driveway will serve all 4 proposed lots and 41.7 acre out-lot. Lot 1, located at the corner of Highway 52 and County Road K, may seek an independent driveway permit in the future, subject to a traffic study and County approval. 7. Development Schedule The anticipated project timeline is as follows: December 2024 - February 2025: Finalize the subdivision plat and submit the minor subdivision application to Morgan County Planning Department. Obtain all necessary permits and approvals. Construct the private driveway and install utilities. March 2025: Begin marketing the individual lots for sale. 8. General Topography and Hazards The property is generally flat and not located within a designated floodplain. No significant drainage features or environmental hazards exist. The property lies in FEMA Flood Zone X, as per flood map number 08087C0575D, effective April 4, 2018. 9. Fire Protection The property is located within the Wiggins Rural Fire Protection District, which provides fire safety coverage for the area. 10. Conclusion This proposed minor subdivision represents a responsible and well-planned development that provides attractive rural residential opportunities while preserving the agricultural character of Morgan County. Designed with minimal impacts on surrounding properties and infrastructure, the project complies fully with Morgan County's regulations and contributes positively to the community. &i BEGINNI SOUTHE 62.15' N 89-44/09" E 353.39' DISTANC N89-5210"E 619.52 WELL. SOUTHE WITHAL THENCE QUARTE THENCE S8 89-52'10" W 473.25 THENCE LOT3 3 GROSS7.23 ACRES THENCE NET7.23 ACRES 40 ACCESS & UTILITY WEST RI 40 EASEMENT DEDICATED WELL BY THIS PLAT 0 THENCE 20 COLORA THENCE LOT 2 GROSS 8.00 ACRES THENCE S 89952'10" W 619.30 NET 8.00 ACRES, MORE OR LESS THENCE THENCE LOT 4 THENCE GROSS 5.74 ACRES WESTLI NET 5.74 ACRES, - MORE OR LESS 4 THENCE QUARTE BEGINNI THE PAF AND ISS S S 89°59'26" W 610.25' 473.90' - 599.11 N8 89959'26" E 493.90' 40' FOUNDAREBARWITH ""YELLOW PLASTIC CAP THOMAS PLS 38353 LOT1 LOT1 TURNER MINOR GROSS 3.46 ACRES T2N SUBDIVISONI NO. 1 NET 3.46 ACRES, 3 R60W (NOT A PART) MORE OR LESS 1112 14113 FOUND #5 REBARI WITH o 1.15"F REDPLASTIC CAP, D 40.00' 1996 98.45' ILLEGIBLE 120. 69 454.18 379.88 S89952'10"W 494.18 Sil FOUND #4 REBAR WITH .62 ACCESS 1"YELLOW PLASTIC G) dW P.O.B S SOUTHEAST CORNER CAP, STAMPED RESULTANT SECTION 11, TOWNSHIP 21 NORTH, THOMAS PLS: 38353 TURNER MINOR SUB - RANGE 60 WEST OF THE 6THF P.M., LEGAL FOUND: #6 REBAR WITH21/2" ALUMINUM CAP, STAMPED AS INDICATED, 0.4' BELOW ROAD INMONUMENT BOX LISA RAUTW - . 41 E 3D 40.1517, -104.0608 BARD JUSTIN STEPHEN Revegetation Plan The proposed minor subdivision will have minimal impact on existing vegetation. The only planned disturbance involves the construction of a private driveway approximately 1,300 feet in length and 20 feet in width. This driveway will be professionally constructed using recycled asphalt. Vegetation along the driveway route will be compacted and replaced with the recycled asphalt surface. Additionally, a trench will be dug for the installation of a water line and subsequently backfilled with the original soil, allowing for natural regrowth of vegetation in this area. Above-ground power lines will be installed without additional ground disturbance. No other vegetation on the property will be disturbed, and there will be no significant earth- moving activities beyond the described areas. The overall impact on the property's natural vegetation willbe minimal. Jay Greener Owner Covenants: No additional covenants or restrictions beyond compliance with county land planning and zoning regulations are proposed. Homeowner's Association Agreement: No homeowner's association will be formed. No covenants or restrictions beyond compliance with county land planning and zoning regulations are proposed. SITE PLAN / MAPS GREENER MINOR SUBDIVISION MINOR SUBDIVISION #MS2025-XXXX VCNIYNAP MCR LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, OWNERSHIP ANDI DEDICATION CERTIFICATE: TOWNSHIP 2 NORTH, RANGE 60 WEST OF THE 6TH P.M., THE UNDERSIGNED, BEING OWNEROF THE DE DESCRIBED RCELSOF FLAND, COUNTY OF MORGAN, STATE OF COLORADO RESULTANTMETES! ANDI BOUNDSLEGAL BAN ACELVFLANDE BEINGAP PAR ASFOLLOWS: EPATNNaN PARICUIAREYI DESCAEED EEENSERAES- CANSNE SOUTMFASI QUARTEROFSE SRCAN STATE EOROPEBAPPREATYIEDR RECORDEDDECEMBER 13, 2024ATF RECEPTIONNO. 954295, RGOW CPUDRDRENGNCEN PAMTICURIY DESCABED ASFOLOWS 3 C14/s11 1512 SOLPHEASTCOANEROF THE SOUTEASTALETEROES RAP LANDE DESCAEDASYOCOWSY BENGAPARTOET INES OVTENSTS CUATEBPESGTOCNN MSRAN 2NORTIA PLS38353 PARCE WESTV WITHALLE BEARINGS HEAEN E IS2TE REDANET 221.36 GMBAPESATESS - 022 E THE SOUTHEAST WESTV ERENPEAINEET ECT SOUTREAIOY WITHALE UNDISPERARVATE FOU ND REBAR SEC B RNER CAESOTADAECTNESTL ALDNATIGES E EERN VAR ESOINERTT FANGE TO STAME GIL LLEGIE TAM APIN ING LAETCCE GVAE HE PM, COPOFEEIVOTNE TION THENCES EEABETCES FINPET THE SOUTHLNEOFT THE SOUTHEASTO QUARTEROF SAD ALUMINUM ADALMC ELC ROADI COUNTY YROADK, SAIDPOINT UNI 1 HNEE SSETAYSESCUINO m MONUMENT E HOHMAFEZSANDFONYE ENGTHE E CONFOPDEN WAYL LINEOFSAID EEEEEE a MGAIGESCUNEPEGADN MESTALANCETEN FACIMERINTO RRLESGPIPIEMESTA TALONG THE ENORTHRIGHTOFY WAYI YLINE MORGAN COUNTY YROAD NOIDNE THENCE NORTHOO 00524 EASTA ADISTANCE OF 305.6 FEET; THENCEN NORTHOPOS2FE EASTA ADISTANCEOF 305.6OFEET; THENCE SOUTHE 39P5926" WEST ADISTANCE OF WITI THENCE NORTHOG 090 0352 EASTA ADISTANCE OF91 THENCE SOUTHE 9e5926" WESTA ADISTANCE OF 599,11FEET; FLOODPLAIN CERTIFICATE EEE OM VAS 3835 THENCE NORTHE 52'10" FASTA ADISTANCE THENCENORTHOPU8S2 EASTA ADISTANCEOF 97370FEET: THMENCESOUTHSSZIOT WESTA ADISTANCEC F68033FEET CERTEETDTEAT FHE SABAVEDESCBIREDA THENCE 0524" WEST ADISTAI ANCE 2F FEET; ERA EMER EETS GEANCESAICO 90:0352E EASTA 132087FETT TOAPOINTONTHE ENORTHLINEOF OMMUNI VESNCENARDESS TOAPOINTONTHE TMENCENOETE TADSTANCEOF PANEL NO. 06087 EPECVEDACE APAIL4,2018. RESULT ESEEBANNN ESPEASESTAPALEN NORTHLINEOF THES SOUTHEASTO QUARTEROF FSAID SURVEYORSNOTES LEGEND 1 BEESOTECE AEAESENE" CCARADOH THENCESOUTH2H385FE PEASTA TADISTANCEOF4 475.75FEET; THIS-SURVEY PARED WITI DRA TITLE AISTCER E INBPABOELECF VNDDESCABEA PABMECSOANESGACESM MOREORLESS, THENCESOUTHI 12:3646"EASTA ADISTANCEOFS 903.74FEET; MA ESS iNG LO EMDVONPENT IENGENOBTCESAADS ESTADIANCEOFN 35339FEET TTOAPOINT ON THEWESTRIGHTOFWAY RIGHTS AN e THE PALCHLATED SAIDO COLORADOHIGHWAY THE REAL TRADETANCEOPNESA MESEALONGEHENEST BUILD DING SD APEECENAVYLNEC OTHER RESULTANTN METESA ANDE BOUNDS THA OSE SETALOMPERARWITH SLEGAL FACTST SAID TITLE COMMIT TMENT MAY DISCL TBEPARCEISOF LANDDESC CRIBE ABOVE CONTA AIN66-14ACRES MORE OR ESS ANDIS SUBJECT BA VIDED REEI EASE HE ACCORDINGT PGiss TOCOLO LORADO FOUN JND REBAR WITI FTE TOI OSE SDEGANTEDNT JECT TBOUNDARY CADY TAMPE ABARCELOFN FMANDBENGAPARTE SPUTHEASI CURTERGFSECTON EHI MA PASS EE SATEOF FCCLORADO BEINGMORE PARTOLALYDESCABEDA SHGIONE EDEO SCS 8 THEN ASE BE OR ANYS CEF EPTA YIF SEAL AND FENCE BEGAMINGATAPONTE SVALIDONLY FPRINTH E TUBSURVEY THASORIGNAL SIGNATURE NA9HEZI0E 68033 89-4409" TYEA ASI AREE SHO REON THE LINE ALIQUOTL ETIOS PEAST AXD L OSE AS MN T N89-5210"E 61952 BEAFINGS FOF ARE WHALS THERETO; MECHT AND ANPEDSONV MBOINONING VORMOUNDAN AGH 0o ANGREPADERSE INESA AND - BAVEEGEEEACENE FUTILTY E COMM SEC 18-4 ASST WOEV ER WILLFLLLY DURSUANS DOSTAIS CALUTE @ BETEAGPDAETS FGASTA ALDISTANCEN EMGPTDELERETES SOUTHEAST EAND DE DAN NY INE QUART FNER, LINE TABLE OF EXECUTEDTHS DAYOF wi - E $89-521 10" "W 473.25 THENCE SOUTH2 P3954 EASTA ADISTANCE 475.75FEET; RANY NESS TREE - MAFK M INE BEAR THENCE SOUTH 12-3646" EASTA ADISTANCE OF 903.74FEET; OWNER: - SIXN ORBONED 30.00 E ASPMEDAL THAN CNSVO BVSCT 12 NO0P0220 LOTS TOAPOINTONTHE CROESACEE DE MEPEAOETES AYERE ESL ADETNSECEN EMAYBFETT EUCKCREKLANDCOLC THED DISTANCE MEASUREMENTS SHOWNH HEREON ARE U.S. SURVEYFOOT MEASEL STATEOFCOLORADO I CEMPESOHTIEAREEY AGVEEMARPTGNNSNe js THENCE SOUTH895210 WESTAL ADISTANCEOF 473.25FEET; COUNTYOFMORGAN OSS LOTRA CRES THENCE NORTH000524EASTA ADISTANCE OF 177.52FEET; THEFORECONGCERTIFCA AS ACKN OWL LEDGED BEF THIS ANEA OT $89-5210V 6 OF 20 BY NOTES: MPAES 68 SUE APANO a THENCE SOUTH895210 WESTA DISTANCEO 619.52FEET; VITéESWMDANDORONL EPAAEFLPEETNSA 00 S THENCE NORTH00P0352" WESTA ADISTANCEOFE 62.15FEET; SEAL TOA APOINT THE MYCOMMASSIONEPRES TURE RAINA ROBLE BLEMSON llhe MEERCUPESUNESTA ADSTANCEDS OFABOSEFEN NEDREGACBES 3 CKCEMGPTADEETEASTA ADISTANCE VE 3ANEZ FEETETG GOUTEPARNTOF NOTARYPUBLIC GVANIEROF EE HKEEERESESEEX MOREORLESS 59 926-W FRENEAT BASIS OF BEARINGS: SEC ION ORNE SS CRES AEDN COMMESOMERSCERTECATE ETE GUARTERCE A UAE HEBA A9T PM PEBAF 8 NOTAPART MIOREGACESS 6 143 3 SIONERS RAV APDAPDCCESNOT NTE VVEN NDICATED. LOG gpaI MOLNER 995 ADALN PEMEDAS LLEGIBL 6 1996 SOIL AFMETE a ABU OISEONSN - 79,88 E IS APP JTIL ERRANTEBRNATI ALLU DING ROADK CUItc OADAG 907 VCURESS (60' MOHIORGANE WAYR VCRUNY NO. POB 0 MGiss NGAT HE RESH DAVOP THE DER ND - ATEST CERKOFEOARD CHAIRMAN N SURVEYORSCERTRCATE ABREBYCEATEON WASARBESSIC SUR STATE OR CLERK AND RECORDERSCEATIECATE: BASEDUPO E NCH= SUEVEKADFUSA RAD STA 3OAR FO LES EGU STATEOF COLORADO ss. 2FET WARRANFF, ETALRLE EAMPSUEMOPSEAND GAN COUNT AND COUNTYOFN MORGAN TWASFIEDIAN OFFICE AT DATE IERMCENTARIRENPNET ECEEOESSONLU LANDSURVEYOREBESS 20_, ANDISDULYF RECORDEDI DINPIATFLE FEES PAID CIERK KANDPECORDER DEPUTY EEMEPANTNESES KSEVCEUC F BRONECT2 BMRERSIT T2NR RGOWMI INORSUB PROOF OF OWNERSHIP Current Title Insurance Commitment stewart ALTA OWNER'S POLICY OF TITLE INSURANCE (07-01-2021) ISSUED BY STEWART TITLE GUARANTY COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained ori incurred by the Insured by reason of: 1. The Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance against loss from: a. a defect in the Title caused by: i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; ii. the failure of a person or Entity to have authorized a transfer or conveyance; i. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a failure to perform those acts necessary to create a document by electronic means authorized by law; V. a document executed under a falsified, expired, or otherwise invalid power of attorney; vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to have performed those açts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or vii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law. b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. C. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and compiete land title survey of the Land. 3. Unmarketable Title. 4. No right of access to and from the Land. Countersigned by: Frederick H. Eppinger President and CEO 908 Authorized Countersignature E 7EXAS * * Northern Colorado' Title Services Co, Inc Company Name David Hisey 205 Kiowa Avenue Secretary W Fort Morgan, CO 80701 City, State For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.slewart.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted toA ALTA liçensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under liçense from the American Land Title, Association, File Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 1 of 7 for Policy Number: 0-9010-000315359 Agent ID:060160 5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; C. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for value or to aj judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. DEFENSE OF COVERED CLAIMS The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. Copyright 2021 American Land' Title Association. All rights reserved. The use oft this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members in good standing as of the date of use. All other uses arep prohibited. Reprinted under license from the American Land Title Association. File Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 2 of 7 for Policy Number: 0-9010-000315359 Agent ID: 060160 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer: . to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. "Affiliate": An Entity: i. that is wholly owned by the Insured; i. that wholly owns the Insured; or ii. ift that Entity and the Insured are both wholly owned by the same person or entity. b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. C. "Date of! Policy": The Date of Policy stated in Schedule A. d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. e. Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and: . is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or ii. asserts a right to enforce a PACAPSA Trust. f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is located. g. "Insured": i. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization; (d). the successor to the Title of an Insured resulting from ts conversion to another kind of Entity; or (e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is: (1). an Affiliate; (2). a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3). a spouse who receives the Title because of a dissolution of marriage; (4). a transferee by a transfer effective on the death of an Insured as authorized by law; or (5). another Insured named in Item 1 of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. "Insured Claimant":. An Insured claiming loss or damage arising under this policy. i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. j. "Land": The land described in Item 4 of Schedule A and mprovements located on that land at the Date of Policy that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this policy. Copyright 2021 American Land" Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members in good standing as of the date of use. Allo other uses are prohibiled. Reprinted under license from the American Land Title Association. Filel Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 3 of 7 for Policy Number: 0-9010-000315359 Agent ID:060160 k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. I. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. m. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam, 0. "Title": The estate or interest in the Land identified in Item 2 of Schedule A. p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured, sO long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or C. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a. any litigation or other matter for which the Company may be liable under this policy; or b. any rejection of the Title as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. 4. PROOF OF LOSS The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE. AND PROSECUTION OF ACTIONS a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured against by this policy. b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that, ini its opinion, may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do sO diligently. C. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the itigation to a final determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order. Copyright 2021 American Land1 Title Association. All rights reserved. The use of this Form (or any derivative thereof)i is restricted to ALTA liçensees and ALTAI members in good standing as of the date of use. Allo other uses are prohibited. Reprinted under license from the American Land' Title Association. File Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 4 of 7 for Policy Number: 0-9010-000315359 Agent ID: 060160 6. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to proseçute or provide for the defense of any action or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in: i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter, as insured. If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is neçessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation. b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability and obligations to the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or continue any litigation. 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of: i. the Amount of Insurance; or ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matteri insured against by this policy. b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy. C. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. Copyright 2021 American Land1 Title Association. All rights reserved. The use oft this Form (or any derivative thereof) is restricted to ALTA licensees and ALTAI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File Number: NCT25261 9010. ALTA Owner's Policy of Title Insurance (07-01-2021) Page 5 of 7 for Policy Number: 0-9010-000315359 Agent ID:060160 d. Ift the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as insured: i. the Amount of Insurance will be increased by 15%; and ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; ii. cures the lack of a right of access to and from the Land; or iii. cures the claim of Unmarketable Title, all as insured. The Company may do sO by any method, including litigation and the completion of any appeals. b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, nonappealable determination adverse to the Title. C. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data, if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and the amount sO paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in açcordance with the Conditions, the Company will pay the loss or damage within 30 days. 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or itigation involving these rights and remedies. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: i. modify any prior endorsement, ii. extend the Date of Policy, iii. insure against loss or damage exceeding the Amount of Insurance, or iv. increase the Amount of Insurance. Copyright 2021 American Land' Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members ing good standing as oft the date of use. EU All other uses are prohibited. Reprinted under license from the American Land Title Association. File Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 6 of 71 for Policy Number: 0-9010-000315359 Agent ID:060160 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to conflicts of law principles to determine the applicable law. b. Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction. 17. NOTICES Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Stewart Title Guaranty Company; Attention: Claims Department, P. O. Box 2029, Houston, Texas 77252-2029. 18. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY, ANY BREACH OF A POLICY PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 19. ARBITRATION a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be resolved by arbitration. If the Amount of Insurance is $2,000,000 or less, any claim or dispute may be submitted to binding arbitration at the election of either the Company or the Insured. If the Amount of Insurance is greater than $2,000,000, any claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA Rules are available online at www.alaoglathitration The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org. b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ANY ARBITRATION GOVERNED BY CONDITION 19. The arbitrator does not have authority to conduct any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstance. C. Ift there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 19, then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 19. d. The Company will pay all AAA filing, administration, and arbitrator fees of the consumer when the arbitration seeks relief of $100,000 or less. Other fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. Copyright 2021 American Land Title Association. All rights reserved. The use oft this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the Ameriçan Land Title Association. File Number: NCT25261 9010 ALTA Owner's Policy of Title Insurance (07-01-2021) Page 7 of 71 for Policy Number: 0-9010-000315359 Agent ID:060160 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: NCT25261 Policy No.: 0-9010-000315359 Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Agent: Northern Colorado Title Services Co., Inc. Issuing Office: 205 W. Kiowa Avenue, Fort Morgan, CO 80701 Issuing Office 's ALTAB Registry ID: 0044474 Issuing Office File No.: NCT25261 Property Address: VACANT, Wiggins, CO 80654 SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company 9700 Bissonnet Street, Suite 150, Mail Code: Policies 187 Houston, TX 77036 Policy No.: 0-9010-000315359 Premium: $933.00 Amount of Insurance: $185,000.00 Date of Policy: December 13, 2024 at 04:00 PM 1. The Insured is: BUCK CREEK LANDCO, LLC 2. The estate or interest in the Land encumbered by this policy is: Fee Simple 3. The Title is vested in: BUCK CREEK LANDCO, LLC 4. The Land is described as follows: A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 60 WEST OF THE 6TH P.M., COUNTY OF MORGAN, STATE OF COLORADOM BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 11, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11 TO BEAR SOUTH 89°52'10" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 89°52'10" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, A DISTANÇE OF 40.00 FEET; THENCE NORTH 00°05'20" EAST A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MORGAN COUNTY ROAD K. AND THE WEST RIGHT-OF-WAY LINE OF Copyright 2021 American Land Title Assoclation. All rights reserved. AMERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ASSOCIATION ANDI TITLE ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (07-01-2021) NCT25261 Schedule A OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: NCT25261 Policy No.: 0-9010-000315359 SCHEDULE B Policy No.: 0-9010-000315359 EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. INTENTIONALLY DELETED 2. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 6. Taxes or special assessments which are a lien or due and payable; or which are not shown as existing liens by the public records; and any tax, special assessments, or charges or liens imposed for water or sewer service, or any other special taxing district, and any unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; (d) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records or listed in Schedule B. < NOTE: ITEMS NUMBERED 2-5 ARE HEREBY OMITTED. > Copyright 2021 American Land Title Association. All rights reserved. AMERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and LAND ASSOCIATION TITLE ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (07-01-2021) NCT25261 Schedule B SCHEDULE B (Continued) 8. Right of way for road purposes as specified in that road petition recorded July 30, 1909 in Book 73 at page 15, said road to be not less than 60 feet in width. 9. Right of way whether in fee or easement only, for all purposes connected with the construction, operation and maintenance of the lower Nile Lateral, as granted to The Nile Irrigation District by J. Casey, in instrument recorded November 28, 1915 in Book 108 at page 551. 10. Right of way for road purposes as specified in that road petition recorded February 6, 1913 in Book 73 at page 42, said road to be not less than 60 feet in width. 11. Reservation of right of way for ditches or canals constructed by the authority of the United States, in U.S. Patent recorded July 3, 1918 in Book 107 at page 475. 12. Right of way for road purposes as shown in Quit Claim Deed from ANNA C BAER and ROBERT A. BAER to the COUNTY OF MORGAN, recorded January 4, 1950 in Book 466 at page 258. 13. Undivided 1/4 interest in all oil, gas and other mineral rights, as conveyed by ROBERT A. BAER and ANNA C. BAER, the same person as ANNA BAER in Deed to EDWIN W. OLSON, TRUSTEE OF RUSSELL STATE BANK, RUSSELL, KANSAS, recorded July 16, 1954 in Book 536 at page 165, and any and all assignments thereof or interests therein. 14. Undivided 1/4 interest in all oil, gas and other mineral rights, together with the right of ingress for a period of 15 years, as reserved by ROBERT A. BAER and ANNA C. BAER in Deed to FRANKLIN L. WEINGARDT and RITA C. WEINGARDT, recorded December 30, 1974 in Book 748 at page 452, and any and all assignments thereof or interests therein. 15. Oil and gas lease between ESTATE OF ANNA C. BAER, by her Executor RAYMOND R. BAER and MICHAEL S. WEBSTER, recorded February 15, 1991 in Book 929 at page 540, and any and all assignments thereof or interests therein. 16. Undivided 1/2 interest in all oil, gas and other mineral rights, as reserved by RAYMOND R. BAER as Personal Representitive of the Estate of ANNA C. BAER in Deed to JACKSON H. WITTJEN, recorded August 23, 1991 in Book 935 at page 492, and any and all assignments thereof or interest therein. 17. NOTE: The following notices pursuant to CRS 9-1.5 103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property: (A) MOUNTAIN BELL TELEPHONE COMPANY RECORDED OCTOBER 2, 1981 IN BOOK 821 AT PAGE 502; (B) PUBLIC SERVICE COMPANY OF COLORADO RECORDED OCTOBER 2, 1981 IN BOOK 821AT PAGE 514; (C) WIGGINS TELEPHONE ASSOCIATION, RECORDED OCTOBER 9, 1992 IN BOOK 947 AT PAGE 824. Copyright 2021 American Land Title Association. All rights reserved. AMERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and LAND ASSOCIATION TITLE ALTA members ing good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (07-01-2021) NCT25261 Schedule B UTILITIES / ACCESS Water Septic Electric Driveways 1/21/25, 1:32 PM Gmail Water Service. Availability Inquiry Highway 52 and County Road K Gmail Jay Greener Water Service Availability Inquiry = Highway 52 and County Road K 13 messages Jay Greener Thu, Oct 24, 2024 at 9:32 AM To: Kent Pflager Hi Kent I am writing to inquire about water service availability for a potential development at the corner of Highway 52 and County Road K, south of Wiggins. - I am interested in obtaining four residential water taps for this location. Before proceeding with a formal engineering study, I would appreciate any preliminary information you can provide: 1. Is there a main water line near this intersection? 2. Are water taps currently available in this service area, or is the system at capacity? 3. If an engineering study is required, what is the typical timeframe for completion? I understand that a full engineering study would require payment and formal application. However, any preliminary guidance you can offer regarding service availability would be very helpful in my planning process. Thank you for your assistance with this inquiry. Jay Greener (text is best) Kent Pflager Thu, Oct 24, 2024 at 10:35 AM To: Jay Greener Thanks for the inquiry ittps/mailgoogle.com/mailu07k-782b36a016801d8view-pt8search-alépermthid-thread-ar32348903377844748668simpl-msgar820060458576366. 1/6 1/21/25, 1:32 PM Gmail Water Service. Availability Inquiry Highway 52 and County Road K 1. Yes we have a mainline running down 52 and smaller lines running east and west on K 2. We are currently limited to the number of taps we can serve in this area and only have 8 taps left in the area south of road M. They will be sold on a first come first serve basis. 3. Engineering will be required for service; the cost is $400.00 for the first tap and $50.00 for each additional tap. This engineering will lock in the availability and price (currently $63,000.00) for a term of six months. - - have included the tap application and cross connection questionnaire if you want to begin this process which typically takes about two - Three weeks to complete. Kent A Pflager General Manager Morgan County Quality Water District P.O. Box 1218 17586 MCR 20 Fort Morgan, CO 80701 Phone: Fax: 970-867-3055 Cell: Email: [Quoted text hidden] 2 attachments Tap Application Template (3-15-18) (2) Accessible.pdf 963K Cross-Connection Backflow Prevention Questionnaire (2).pdf 242K Jay Greener Thu, Oct 24, 2024 at 11:00 AM To: Kent Pflager Kent thank you SO much for the prompt and thorough response. exactly what I was looking for. I'lI get back to you with this app as soon as possible.. thx.j [Quoted text hidden] https/mail.google.com/mailu/07k-7a2b36801d8view-plasearch-alépermthd-thread-ar32348903377844748668simpl-msg-ar820060458576366. 2/6 1/21/25, 1:32 PM Gmail Water Service. Availability Inquiry Highway 52 and County Road K Jay Greener Fri, Nov 1, 2024 at 7:34 AM To: Kent Pflager Hi Kent, Please find attached application. Wet ink and check in the mail today, should see it next week.. thx.j On Thu, Oct 24, 2024 at 10:35 AM Kent Pflager wrote: [Quoted text hidden] [Quoted text hidden] quality water tap application, signed, paid.pdf 1674K Kent Pflager Fri, Nov 1, 2024 at 8:02 AM To: Jay Greener Jay, Thanks SO much for the application. Our district requires that the meter be installed on the property being served SO we will need a plat map with utility easement showing each lot SO that we can design the mainline extensions to each of the five lots. Please call me if you have any questions. [Quoted text hidden] [Quoted text hidden] Jay Greener Fri, Nov 1, 2024 at 8:20 AM To: Kent Pflager Hi Kent, Thank you for your time this morning on the phone. If you would, please follow up with a preliminary approval for the five taps. I will get you the final plat with meter locations as soon as - get the entry permits designed off of Highway 52 and County Road K. This will determine the lot shapes, and then we can get meter locations based on that plat. Thanks again! [Quoted text hidden] Kent Pflager Fri, Nov 1, 2024 at 8:24 AM To: Jay Greener ittps/mail.google.com/mailuonk-782b36a016a01dêview-ptésearch-allapermthid-thread-ar32348903377844748668simpl-msg-ar820060458576366. 3/6 11323 Coal Mine Street oco ENGINEERINE Firestone, CO 80504 6 - Phone: 720-324-3625 www.nec-engrs.com COMPANY File No: 24-006.05 Commercial Request December 26, 2024 Secondary Plat Review Required Morgan County Quality Water District P.O. Box 12-30-24 1218 Fort Morgan, CO 80701 OK ATTN: Kent Pflager, km Manager RE: Tap Request 2024-37 - Node 1170 Dear Kent: The analysis for the following tap request has been completed: Applicant No. of Requested Taps Location Jay Greener 6- 5/8" Taps Highway 52 and MCR K The original request (24-030) was for five (5) 5/8 taps for a proposed subdivision on the northwest corner of Highway 52 and MÇR K. They would like to make this a total of six (6) 5/8" taps for a proposed subdivision on the northwest corner of Highway 52 and MCR K. There are two adjacent lines to the property an eight-inch (8") on Highway 52 and a two and half-inch (2.5") on MCR K. The existing pressures in the area are between 143 psi and 150 psi. With the proposed taps added to the model the system pressures will be 143 psi to 149 psi. Pressure forNode 1170 430 The following table indicates the impact of this request on the peak -hour pressures at critical areas within the District without any improvements. Location Pressure Before Proposed Pressure After Proposed Taps Added (psi) Taps Added (psi) Wiggins Pump Station Inlet (#1 140) 41 41 Road 23 (North End #2110) 74 74 North of Jackson Lake (#1921) 27 27 Northeast End of District (#2230) 87 87 Adams Co. (#1250) 41 41 * Spreadsheet was modified which changes the values 2/3/24 System Improvements required to serve this request: A line extension will be required to serye the proposed property. Without having a plat ofthe proposed subdivision, it cannot be determined how much line extension is required. The line extension will be a four-inch (4") C900 DR 14 PVC with valving and a blow-off located at the end of the line. The extension can connect to either the two and half-inch (2.5") line on MCR K or the eight-inch (8") line on Highway 52. There are a limited number of taps in this area as it is south of the Wiggins Pump Station. Engineer's Recommendation: NEC recommends conditional approval of this application; Engineer's S recommendation is solely based on the pressures observed from the water model; official/final approval will be from the District in which the District will ensure the application meets all of the District's rules and regulations before issuing final approval. Commercial taps are required to be Board approved. Secondary Plat Review Requirement: Ift the applicant is dividing the property into multiple lots and does not have the proposed subdivision platted and stamped by a licensed surveyor or engineer registered in the State of Colorado on the initial review, a secondary review will be required once the plat is recorded through the county. The plat shall show all lot lines, designated utility easements, rights-of-way(s) and other items as determined by the District to serve the proposed subdivision. The location of the meter(s) shall be located on the parcel it is serving, The secondary tap review is required to be completed and approved within six months from application, otherwise a new application may be required. Master Plan Improvements recommended: None. The applicant is responsible for the construction of any main extensions from the existing line to serve the proposed tap, in accordance with current District Construction Guidelines, and for providing easements for the main extensions located on private property and obtaining permits from the County and other permits that are required. The applicant should make arrangements for the Page 2 of 3 implementation of this request, or express Intent to Proceed, within 180 days of the date of this correspondence. Otherwise, the tap request will be removed from the model and the tap request will be considered to have expired and be cancelled unless the board approves an extension ofthe request. If the applicant decides to proceed with the installation anytime thereafter, additional analysis may be necessary. If this request is to serve a commercial tap, and if the Applicant's S total water use in any two years out oft three consecutive years exceeds 0.7acre feet times the number oftap equivalents purchased, then the District may require Applicant to purchase additional tap equivalents to cover the additional demand, and the volumetric limits shall be modified to reflect the additional tap equivalents. Ifs you have any questions, please do not hesitate to call. Sincerely, fak Cook Josh Cook, P.E. President NOCO Engineering Company Page 3 of 3 Northeast Colorado Healtos Department District Headquarters - 700 Columbine St., Sterling, CO 80751 (970) 522-3741- 877-795-0646 - www.nchd.org February 19, 2025 Jay Greener Buck Creek Land CO, LLC P.O. Box 652 Erie, CO 80516 Dear Mr. Greener, Northeast Colorado Health Department (NCHD) has no objection to the Greener Minor Sub- division consisting of four lots, located in the S/E 1/4 of section 11, Township 2N, Range 60W of the 6th P.M., Morgan County, Colorado. Total acres involved are approximately 24.74. Lot one will be approximately 3.46 acres and vacant. Potable water will be served by the Morgan County Quality Water District. Lot two will be approximately 8.00 acres and vacant. Potable water will be served by the Morgan County Quality Water District. Lot three will be approximately 7.23 acres and vacant. Potable water will be served by the Morgan County Quality Water District. Lot four will be approximately 5.74 acres and vacant. Potable water will be served by the Morgan County Quality Water District. Prior to building a residence on lots one, two, three and four, the owner(s) shall obtain from this office an application to install or repair an OWTS, and remit the appropriate fee. Construction of an OWTS shall conform to all Northeast Colorado Health Department Onsite Wastewater Treatment System Regulations. Including, but not limited to, setback distances from wells, creeks, irrigation ditches, property lines, buildings, high water, floodway and other septic systems. Sincerely, If there are any questions please call me at (970) 867-4918 ext. 2262 Sincerely, h.zo Melvin Bustos Environmental Health Manager Northeast Colordao Health Department Rev 2/19/2025 Serving Logan, Morgan, Phillips, Sedgwick, Washington and Yuma counties since 1948- - Morgan County Rural Electric Association 734 Barlow Road P.O. Box 738 Fort Morgan, Colorado 80701 MC (970) 867-5688 FAX: (970) 867-3277 e-mail: austomenerwseemgeaore A Touchstone The power ofh Energy' hman aomnectiom" Cooperative November 14, 2024 Jay Greener 150 Wells Street Erie, CO 80516 RE: Certification of Electric Power SW "4, Sec 11, TO2N, R60W Jay Greener This letter is in regard to a request to provide certification to the Morgan County Planning and Zoning Commission, that we can provide sufficient electric power for Jay Greener in the Southwest Quarter of Section 11, Township 02 North, Range 60 West and any future divided parcels of current parcel 129711000019. Morgan County REA presently has electric distribution lines near this property, and will be able to provide electric service to the proposed site. We hope this letter will suffice. If we can be of any further assistance, please feel free to contact the office. Sincerely, Brent Kliesen Field Engineer Morgan County REA 734 Barlow Road PO Box 738 Fort Morgan, CO 80701 970-867-5688 (Office) This Institution is an equal opportunity provider and employer. MORGAN Approved Driveway Access Permit Morgan County, Colorado Driveway Access Code: DRVK-0.899-N-4 Date: 1-23-25 Property Owner (Permittee): Name: Buck Creek Land CO, LLC (Jay Greener Manager) Address: P.O. Box 652 Address: City: Erie State: CO Zip Code: 80541 Phone: Email: Agent of Property Owner (If Applicable) Name: Address: Address: City: State: Zip Code: Phone: Email: Parcel Number: 129711000019 Legal Description: S: 11 T:2 R:60 PARC SE % B1009 P747 EX 1500627 West ofthe 6th PM GPS Coordinates at the Centerline of Driveway: Latitude: 40.146090 Longitude: -104.058278 Access onto County Road: MCR K Driveway Type: X New Existing Maximum Width of Approved Driveway is: 40 FEET Culvert Required: X No Yes If Yes, Required Size is: Inch Ifaculvert is not required at the time of permit issuance but future conditions deem one necessary, the cost of said culvert be at the property owner's expense. may The above identified driveway has been approved by Morgan County Road and Bridge Department pursuant to all terms and conditions outlined in the Application for Driveway Access Permit are adhered to. Failure to comply with these term and conditions may result in this permit being revoked and/or the driveway being removed at permittee's expense. This permit is valids only for the one driveway access identified above. Construction of said driveway may proceed. Morgan County, Colorado Public Works Department 227 J-22-05 James Rehn Authorized Morgan County Agent Signature Date MORGAN COUNTY W7 Application for Driveway Access Permit Morgan County, Colorado Instructions for Completing and Submitting Application 1. Property Owner (Permittee): Please provide the full name, mailing address, telephone number and email address (if available) of the legal property owner. The provided telephone number should be one where the Permittee can be reached during business hours Monday through Friday, 8:00 a.m. to 4:00 p.m. MDT. 2. Agent of Permittee: If the applicant (person or company completing this application) is different from the legal property owner (Permittee), provide entity name (if applicable), the full name of the person serving as the agent, mailing address, telephone number, and email address (if available). The provided telephone number should be one where the Agent can be reached during business hours Monday through Friday, 8:00 a.m. to 4:00 p.m. MDT. Please provide documentation you are an agent of property owner. 3. Legal Description of property: Provide the legal description to the full extent that applies fort the property to be accessed by the requested driveway. Include the Assessor parcel number. This information is available through the County Assessor or Clerk and Recorders office or on your property deed(s). 4. Road Access: Complete the information on the County Road that will be accessed by this proposed driveway. 5 New or Existing Driveway: Complete the information for the driveway type. New Driveways: In determining location for the proposed driveway, take into account: line of site distances, relationship to road intersections, and relationship to crests of hills. Please indicate the desired width of the new requested driveway. If possible, provide a map showing the desired location of the proposed driveway. The proposed area, for the new driveway must be clearly marked with flagged stakes on each side of the proposed ared. Please have the location marked as indicated prior to submitting application. 6. Initial the bottom of page two (2) in the provided location indicating that you have read and understand the terms and conditions. 1. Signature Section must be signed and dated by the property owner or agent. Applications will not be processed untilt they are fully completed, initialed, signed ands submitted, along with any additional required documents. 8. Submittal of Application: Please submit application and all corresponding paperwork to: By mail or in person: Morgan County Road and Bridge Department P.O. Box 516 17303 County Road S Fort Morgan, CO 80701 By Email to: tameranceromeransews Page 1 of 3 Application for Driveway Access Permit Morgan County, Colorado Terms and Conditions 1. The granting of this permit application is for one (1) property access across the county right of way onto a county road. The access must not exceed the approved width defined on the approved permit. Additional accesses crossing the right of way must be applied for separately. 2. If this access is to be onto an access/travelling easement, then a copy of the easement, recorded plat or use agreement must accompany this application. 3. The granting of a driveway access permit by Morgan County is only for the purpose of crossing the right of way under the counties jurisdiction. It is the permittee's responsibility to identify and obtain permissions to cross any other easements, covenants, right of ways or private agreements that may exist. 4. Ift the access request is onto any Federal or State lands, you must provide the names and contact information for the relevant agencies and attach a copy of the authorization for the property use. 5. All property owners/agents are responsible for any damages that may occur to the county road or right of way during installation of said driveway. 6. The construction and all costs associated with the construction of the driveway are the responsibility of the property owner/agent. The construction cannot exceed the defined width and must include any specified culverts required as defined in the approved permit. Culverts may be purchased from anywhere, however they must be approved by the county prior to installation. Culverts may also be purchased from Morgan County Road and Bridge. 7. If a culvert is required, it is for use by Morgan County to protect the road and right of way. Morgan County retains the right to utilize the culvert in any way it deems necessary. 8. If a culvert is not required at the time of permit issuance, however, in the future a culvert is deemed necessary, the cost of said culvert may be at the property owner's expense. 9. Inside the county right of way, the driveway may only consist of the travelling surface to access the property. No other structures or appurtenances may be placed in the right of way (examples: columns, walls, fencing, large rocks, etc.). The only exception to this requirement is mailboxes. 10. During the construction of an approved driveway, it is the responsibility of the property owner/agent and/or their contractor to insure safety to the travelling public. This could include the use of signs, cones and/or traffic control as necessary. 11. All repairs, maintenance and costs associated with said driveway are the responsibility of the property owner/agent. 12. Morgan County is not responsible for any damages to the driveway caused by normal maintenance operations, including but not limited to mowing, grading, and snowplowing. 13. The property owner/agent agrees to hold harmless, indemnify, and defend Morgan County from any claim of any person arising from the installation, use, maintenance, or removal of the driveway in the county right of way. 14. The terms, conditions and requirements defined in this application and subsequent approved permit will remain valid through any future sales, transfer of ownership or assignments of the property defined in this driveway application. Please Initial that you have read and understand the terms and conditions outlined on this page. Page 2 of 3 Application for Driveway Access Permit Morgan County, Colorado 1. Property Owner (Permittee): Name: Buck Creek LandCO, LLC Jay Greener, Manager Address: PO Box 652 City/State/Zip Code: Erie, CO 805416 Phone Email: 2. Agent of Property Owner (If Applicable) Company/Individual Name Contact Name (IfApplicable) Address: City/State/Zip Code: Phone ( / Email: 3. Legal Description: Long Legal Att. Legal Summary S: 11 T: 2 R: 60 PARC SE1/4 B1009 P747 EX 1500627 Parcel Number: Account: R022822 Parcel: 1297-110-00-019 4. Road Access: Access onto County Road K (Circle Direction) North South / East West of County Road5 aka Hwy 52 5. Driveway Type: (Check One) **New Driveway, - - Existing Driveway. Desired width of New Driveway 40 Feet. **Ift this is a new driveway location, please place flagged stake marker on each side of the requested driveway location. Ihave read ghe instructions, terms and conditions outlined int this Driveway. Access Permit Application, and agree to all terms and conditions outlined therein, furthermore, understand no liabilityis assumed by the County of Morgan, Colorado or its agents by issuance of a permit for this application and all costs, present andf future, associated with jhe access provided by an Approved Driveway Access Permit are the responsibility of the property and or any es. owner/agent futurelassign declares the information provided are true and complete to the best of their knowledge. 01/16/2025 Property Owner/Agent Signature Date Submit Completed Application and All Supporting Documents to: Morgan County Road and Bridge Department P.0.B Box 516 17303 County Roads Fort Morgan, CO 80701 Or by Emailto: tmaranc@samcancous Phone: (970) 542-3560 Fax: (970)542-3569 For Office Use only below this line Determination: Approved Denied (Reasonj for Denial): GPS Coordinates, Centerline of Driveway in relation to road: Latitude: 40, 146090 Maximum Width of Driveway: 4 Feet Longitude: 104, 058278 Culvert Required: YES (NO) IfVes, Size: Closest Intersecting Road_ 4 Measurement from Closest Intersecting Road 4749' Feet Driveway Access Code: DRVK- 0.899-N-4 Completed By: Date: 1-23-25 Page 3 of 3 Driveway Entry Permit Details: Road/Drive 20' wide, located 20'-40' with Radius +10' each side = 40' at edge of CR K Purple is 20' utility easement from 0- 20' east of SW corner Power Pole at a 66' from SW corner. COUNTMRDR COUNTRDK a o SW Corner (at CR K) is a 40,14604591566874 104.05843413306522. This means center of driyeway is 30' west of these coords = -40.14608491673786, 104.05835112952467 . (Note the driveway will serve 5-6 residential single family proposed vacant lots. Currently one 66 ac lot., / Ufficial Kecords ot morgan County, CU 954495 12/13/2024 03:25:45 PM Pgs 2 Rec Fee: 18.00 State Documentary Fee: $i8.50 Clerk: Kevin Strauch WARRANTY DEED THIS DEED is dated lisja4 and is made between PHILIP A. TURNER and KATHLEEN F. NEWBOLD (whether one, or more than one), the "Grantor", and BUCK CREEK LANDÇO, LLC (whether one, or more than one), the "Grantee," whose mailing address is 150 Wells St, #652, Erie, Colorado 80516. WITNESS, that the Grantor, for and in consideration of the sum of ONE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 Dollars ($185,000.00), the receipt and of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms sufficiency unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Morgan and State of Colorado, described any as follows: A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 60 WEST OF THE 6TH P.M., COUNTY OF OF ÇOLORADOM BEING MORE PARTICULARLY DESCRIBED AS MORGAN, STATE COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST FOLLOWS: QUARTER OF SAID SEÇTION 11, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER SAID SECTION 11 TO BEAR SOUTH 89°52'10" WEST WITH ALL BEARINGS HEREIN OF RELATIVE THERETO; THENCE SOUTH 89°52'10" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 40.00 FEET; THENCE NORTH 00005'20" EAST A DISTANCE OF 30.00 FEET TO THE INTERSECTION THE NORTH RIGHT-OF-WAY LINE OF MORGAN COUNTY ROAD K AND THE WEST OF RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 52, SAID POINT BEING THE POINT OF THE BEGINNING; THENCE SOUTH 89°52'10" WEST ALONG THE NORTH RIGHT OF WAY LINE OF MORGAN COUNTY ROAD K, A DISTANCE OF 494.18 FEET; THENCE NORTH 00°05'24" EAST A DISTANCE OF 305.60 FEET; THENCE SOUTH 89°59'26" WEST A DISTANCE OF 599.11 FEET; THENCE NORTH 00°03'52" EAST A DISTANÇE OF 973.70 FEET; THENCE SOUTH 89°52'10" WEST A DISTANCE OF 680.33 FEET; THENCE NORTH 00°03'52" EAST A DISTANCE OF 1,320.87 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 89°40'56" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 1,022.18 FEET; THENCE SOUTH 24°39'54" EAST A DISTANCE OF 475.75 FEET; THENCE SOUTH 12°36'46" EAST A DISTANCE OF 903.74 FEET; THENCE NORTH 89044'09" EAST A DISTANCE OF 353.39 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID COLORADO HIGHWAY 52; THENCE SOUTH 00°02'20" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID COLORADO HIGHWAY 52, A DISTANCE OF 1,290.42 FEET TO THE POINT OF THE BEGINNING. also known by street address as: VACANT, Wiggins, CO 80654 N025241 TOGETHER with all and singular the hereditaments and appurtenances thereunto or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, belonging, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing agree and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sO ever, except taxes for the current year, a lien but not yet due and payable, subject to statutory exceptions as defined in CRS 38-30-113, revised. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees and the heirs and assigns of the Grantees, against all and person or persons claiming the whole or any part thereof. every IN MITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. lh Vier PHILIP A. TURNER Aailen 7, aubbell KATHLEEN F. NEWBOLD State of Colorado County of Morgan Signed and sworn to before me the 13th of December, 2024, by PHILIP A. TURNER and KATHLEEN F. NEW/BOLD. LINDA LI REDING Notary-Rublc, NOTARY PUBLIC . STATE OF COLORADO Notary ID #19944009987 Affix stamp/seal: My Commission Expires 6/20/2026 After Recording Return To: BUCK CREEK LANDCO, LLC 150Wells St, #652 Erie, CO 80516 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named BUCK CREEK LANDCO, LLC and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership Ilmited llability company limited parinership assoclation general partnership government or governmental subdivision or agency limited partnership trust (Section 38-30-108.5, C.R.S.) other: 3. The entity is formed under the laws of: Colorado 4. The mailing address for the entity is: 150 Wells St, #652, Erie, CO 80516 5. The name V position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: JAY D. GREENER, MGR/MBR 6.2 The authority of the foregoing person(s) to bind the entity is D not limited M limited as follows: NONE 7. Other matters concerning the manner in which the entity deals with interests in real proporty: Exeeuted this 13th day of pecember, 2024. BUCK CREEK VANDCO, LLC BY: lengn JAYD. GREENER Mgr/Mbr State of Colorado County of Morgan Signed and sworn to before me the 13th of December, 2024, by JAY D. GREENER, the Mgr/Mbr of BUCK CREEK LANDCO, LLC, on behalf of the Limited Liability Company. 1444 Notary Rublig LINDA Li REDING NOTARY PUBLIC STATE OF COLORADO Affix stamp/seal: Notary ID #194409987 6/20/2026 My Commission Expires Official Records of Morgan County, Ço 954296 State 12/13/2024 Documentary 03:25:45 Fee PM 1 Rec Fee: 13.00 Kevin. Strauch 11 This form should not be used unless the entity is capable of holding title to real property. 21 The absence of any limitation shall be prima facie evidence that no such limitation exists. 31 The statement of authority must be recorded to obtain the benefits of the statute. No. 1112. Rev. 8-01. STATEMENT OF AUTHORITY (Page 1 of 1) Gmail Whitney Machuca smashuagamogmcoup Driveway Entry Permit off County Rd K near Hwy 52, Wiggins. To: Jay Whitney Greener Machuca Thu, Jan 16, 2025 at 4:01 PM aigaogncoue Hey Whitney, the driveway entry proposal is marked with two green tea posts that I tied orange flags on and I top of thepost silver. Can't miss them. There is another green tea post to the west, which marks the corner, but painted the the driveway js marked with silver paint. Thx.j Jay Greener (970)214-0597 (text is best) [Quoted text hidden] 4 attachments IMG_0996.jpeg 2158K IMG 0997.jpeg 4537K IMG_0999.jpeg 4499K IMG_0998.jpeg 5434K Morgan County Property Card Parcel Number:1 1297-110-00-019 Account Number.R022822 Property Address Physical Acres: 66.13999938 Land Sq Ft: 147,120 Property Class VACANT LAND - 35A TO 99.9A Zoning Value Planning: Assessed Actual Assessor: 0550 Land: $41,050 $147,120 Imp: $0 $0 Legal Description Blodk: Lot: PLSS: 02N 60W 011 Boundary: PARC SE1/4 B1009 P747 EX 1500627 Lega: S: 11 T:2 R: 60 PARC SE1/4 B1009 P747 EX 1500627 Owner Name: TURNER, PHILIP A & JUDITH M & Address: 4831 CO RD K WIGGINS, CO 80654 District 323 Taxing Authorities School District: School District RE-50 Fire Protection District: Wiggins Fire Water Districts: Quality Water, No Kiowa Bijou Management Special Districts: Voting Districts House District: 63 Congressional District: 4 Precinct: Sentate District 1 Commissioner District: Town: Other Subdivision: Neighborhood: INNER RR RESD Condo: Sales Most Recent Sale Sale Datet Document Type: Deed Type: Sale Pricet Document Number: Grantort Granteet Remarks 1/23/2025 2:42/27 PM 1 ADDITIONAL APPLICATION INFORMATION Ditch Company Impact Statement Soil Map Mineral Notification Statement of Taxes Ditch Company: None. There are no active ditches on the property. The "Nile Ditch" easement exists along the north side of the property. The Nile Ditch Company was dissolved in 1925. (Attached). Therefore, there are no active ditch or ditch company easements on the property. R60W $11S12 2001 9LS20676 N894056E 262136 FOUNDE 15REDPLASTICCAP, 5F REBARI WITH FOUND 5 REBARI WITH EAST QUARTER 11, TOWNSHIP2 CORNER 2NORTH, STAMPINGI ILLEGIBLE STAMPINGI 15'REDPLA ILLEGIBLE ASTICCAP, SECTION RANGEGOWESTOFT THE6THPM, WITH314 B ALUMINUM STAMPEDAS INDICATED.O 0.65 BELOW ROADIN MONUMENT BOX: APPROXIMATE NILEDITCH RIGHT-OF WAY RESI METI APARCEI TOWNSHI OFCOLO COMMEN SOEC RELATIVE CATEI BEGINNIN THENCE! € E R QUARTEF 4 THENCEI NORTHR 3 THENCE! * N895210"E 680.33 MORGAN THENCEI THENCEI PAca2 THENCE! THENCEI THENCE! NORTHR THENCE MORGAN THENCE! a BEGINNIN A THEPARI LOT 2 * E ANDISSI GROSS 20.00 ACRES NET 20.00 ACRES, MORE OR LESS LOT1 GROSS 4.47 ACRES LOTLINES VACATED NET 4.21 ACRES, BYTHISPLATDEED REC NO. 789397 MORE OR LESS 01/05/2001 TREE (TYPICAL) LINE 89'5926 599 I SREROgRe 638 & @ FRAME PARCEL 1 6 60W REBAR WITH HOUSE 14X17 112 FVRE RS PLASTIC CAP P. SHED 413 8 STAMPINGI ILLEGIBLE 563 1996 6803 9845 205 $8915210W 494 18. 1 e SSASTME E550 D) - $89-5210W 2621.62 (BASIS OF BEARING) M POB s SOUTHEAST CORNER - & a TURNERI RESULI TANT MINOR SUB gi I RANGE6OV SECTION 11, WEST TOWNSHIP OF THE6 2NORTH 6THPM M, a LEGAL & 28 FOUND #6 REBARI WITH2 21 12 - ALUMINUM CAP STAMPEDAS INDICATED, 04 BELOW ROAD INMONUMENTE BOX 27 of the covenants or conditions of said Deed of Trust, the holder of said indebtedness may declare the whole of said indebtedness due and payable ana tne premises may be sold with the same effect as if said indebtedness had matured, by reason whereof and of the default above mentioned, the undersigned has élected to declare, and does here- by declare, the entire indebtedness: secured by said Deed of Trust due and payable, and does hereby. request. and: demand that the premises in said Deed of Trust described be sold for thes payment of such entire indebtedness, and interest thereon and the costs and expenses of sale. NOT THEREFORE, you are hereby notified that as the awner and holder of the in- debtedness secured by said above described Deed of Trust, does elect to declare that the covenants in said Deed have been and are violated, and to advertise the property therein described for sale, and do hereby demand that as public Trustee in the do County of Morgan: you forthwith proceed as provided by law and according to the terms thereof, to giyo notice of, advertise for sale and sell all the premises and property in and by said Deed of rust" described and conveyed for the purpose of paying the in- debtedness thereby secured and all costs and expenses of meking such sale. VITNESS, my hand and seal this 14th day of May, A.D. 1925. Françes E Reed (SEAL) Mey 18 1925 No. 150597 Filed. for recora May 18 1925 at 2:30 O'clock P.M. A. H. Asmis, Recorder COMPARED BY. a:l By H. D. Asmus, Deputy No. 258. NOTICE OF ELECTION: AND DEMAND FOR SALE BY PUBLIC TRUSTEE. STATE OF COLORADO, County of Morgen SS. TO THE PUBLIC TRUSTEE IN THE COUNTY AFORESAID: WHEREAS, on the 30th day of Novèmber, A.D. 1920 Emma Henry of the County of Arapahoe and'State of Coloredo, did make, execute and deliver to the Public Trustee in the County of Morgan, State of Colorado, her certain Deed of Trust to secure to For- est B. Dille the payment of the sum of One Thousand and no/100 Dollars upon the terms and conditions in said leed of Trust contained: AND WHEREAS, default has been made by. the sai id Emns Henry in the payment of the said principal sum of One Thousand Dollars, and of the interest thereon from the 30th day of May, A.D., 1922; (and has also failed to pay the taxes on the said land for the years as follows, to-wit: 1922; 1923: and the first half of 1924 taxes, all of which are in aat.mwsiry, said Deed of Trust conveying the N4 of Sec. 31, Twp 5 N, R 607., and the covenants in said Deed of Trust have been violated: AND WHEREAS, the undersigned is now the owner and holder of the indebtedness secured by said Deed of Trust; AND WHEREAS, the said Deed of Trust provides that upon default of any, of the payments of principal or interest secured thereby, or upon a breach or violation of any of the covenants or conditions of said Deed of Trust, the holder of said indebted- ness may declare the whole of said indebtedness due and payable and. the premises may be sold with the same effect as if said indebtedness had matured, by reason whereof and) of the defnlt above mentioned, the undersigned has elected to declaré, and does hereby declare, the entire indebteàness secured by, said Deed of Trust due and payable, and does hereby request and demand that the premises in said Deed of Trust déscribed be sola for the paymant of such entire: indebtedness, and interest thereon and the costs and expenses of sale. NON THEREFORE, you are hereby notified that as the owner and holder of the in- debtedness secured by said above described Deed of Trust, I elect to declare that the covenants in said Deed have been and are violat ted, and to advertise the there- bed property in descri for sale, and do hereby demand that as public Trustee in the County of Morgan, you do forthwith proceed as provided by law ana according to the terms thereof, to give not'ice of, advertise for sale and sell all the premises and property in and by said Deed of Trust described and conveyed for the purpose of paying the indebtedness thereby secured and all costs and expenses of making such sale. WITNESS, my hand and seal this 1'st day of May, A.D. 1925. Ruby F. Gaines (formerly Ruby F. Dille) (SEAL) Owner and holder of the said note and. deed of trust. MAY 18 1925. No. 150598 Filed for record May 18 1925 at 2:35 o'clock P.M. A. H. Asmus, Recorder COMPARED BY A-vA By H. D. Asmus, Deputy CERT IFICATE OF PRESIDENT AND SECRETARY OF THE NILE IRRIGATION DISTRICT AS TO SPECIAL ELECTION HELD IN AND THROUGHOUT SAID NILE IRRIGATION DISTRICT ON NAY 1lth, A. D., 1925, FOR THE PURPOSE OF SUBMITTING TO THE QVALIFIED ELECTORS OF SAID IRRIGATION DISTRICT A PROPOSITION TO VOTE ON THE DISSOLUTION OF SAID DISTRICT. A certifica te of the result of the special election held in and throughout THE NILE IRRIGATION DISTRICT of Morgan County, Colorado, on Mondey, May 11th, 1925, for the purpose of submitting to the qualified electors of ssia THE NILE IRRIGATION DIS- TRICT a proposition to vote on the dissolution of saia District. FIRST. That on, to-wit, April 21st, A.D., 1925, there was filed with the Board of Directors of said District a petition signed by forty-three (43) qualified electors of said District, asking that a special election be called by said Board of Directors the purpose of submitting to the qualified eloctors of said District a proposition for to vote on the dissolution thereof, which said petition is in words and figures, as to-wit: follows, "To the Boara of Directors of The Nile Irrigation District, a public corpora- tion:- We the undersigned owners of the number of acres of land within The Nile Irri- gation District set opposite our names, respectfully show and make known to your Hon- orable Body that all bills and clains of every nature whatsoever of The Nile Irrigation District, including all bonded and warrant indebtedness of said District, have been fully satisfied and paid and that, therefore, we, the undersigned owners of land, 28 respectfully ask that a special election: be called by you for the purpose of submitting to the qualified electors of the said The Nile Irrigation District a proposition to vote on: the aissolution of the saia The Nile Irrigation District. That said District has no assets. "Land owner No. of Acres Owned. Josiah P: Smith 80 E. Salisbury Smith 40 Chas, Rump 40 Tm. A. Reef 80 Farms Securities Co. 1520 by Wm. A. Reef, Traas. by H. P. Davis, Sec' 'y. Sue E. Bruen 80 Chas. E. Bruen 80 I. W. Reed 160 L. F. Morrison 160 Elizaboth Dot Reed 320 W. H. Nickeli 160 Earl Piercy 160 Geo. M. Morrow 35 Nora G. Morrow 124 E. E. Youngblut 80 H. L. Live Stock Co. 240 J. B.5 Harshman 160 Merill Harshman 160 Clare A. Stewart, by G.L. Shaw 160 F3 N. Harshman 160 G. L. Cobb 160 Hazel Neil 320 J. M. Shelton 160 William, Kennish 160 Estates of Wm.A. & Elvora Conklin, Dec'a 440 Johnson & Robison, its Attlys. E. DE. Williams 160 c. A. Axelson 160 Amand- Axelson 80 N. L. Williams 160 Sid Donisthorpe 160 7. J. Gilbreath 320 Harriet N. English 160 Florence N. Hall 160 Sadie H, Bond 80 R. R. Keith 80 Ora Lovell 320 J. W. Noesen 160 H, 0. Smith 160 3-Bar L. & S. Co. by W. J. Gilbreath 480 Gertrude 2. Trachta 160 Estate of Asa W. Kemey, Dec'a by Coen & Mallory, its attorneys 1120 Polly Allen Emigh 160 J. C. Law 160 J. A. M. Crouch 160" SECOND. That theresfter and on, to-wit, April 21st, A.D., 1925, at an adjourned regular meeting of the Board of Directors of the Nile Irrigation: District the following resolu- tion. was unanimously adopted by. saia Board of Directors, to-wit: "WHEREAS, a petition has been filed with: the Boaz rd of Directors of this Dis trict reciting that all bills and claims of every nature whatsoever, of The Nile tion Irriga- District, including. all bonded and warrant indebtedness of saia District, have been fully 88 tisfied and paid and that this District has no assets, which petition asks: that a special élection be called by. this Board of Directors for the purposa of submitting, to the qualified electors of this District a proposition to vote: on the dis- solution of this The Nile Irrigation District, and, WHEREAS; this Board of Directors has carefully examined said petition and the status of the signers thereof as owners of land within this District and it appearing that the recitals, of said petition are true, that all bills and claims of every The nature whatsoaver of Nile Irrigation District, including all bonded and warrant indebted- ness, have been fully satisfied, and paid and that. this District has no assets, and WHEREAS, ity further appears that said petition is signed by a majority. of the legally qualified electors of this Dist trict and. by the holders of the legal title to a majority of the whole acreage of this District and that in all respects such petition is in conformity with the provisions of Sec. 2036 of the Compiled Statutes of Colorado of 1921. NOY, THEREFORE, BE IT RESOLVED, By the Board of Directors of THE NILE IRRIGA- TION: DISTRICT, duly assembled, First: That a speciai election be, and the same is hereby, called for the pur- pose of su bmitt ing to the qualified electors. of The Nile Irrigation District, a tion to vote on the dissolution of The Nile Irrigation District, which election proposi- shall be held on Mondey, the 11th day of May, A.D., 1925. Second: That at such special election: the ballot shall contain the words, "Dissolution of the District - Yes" and "Dissolution of the District - No", or words equivalent thèreto. Third: That the divisions or voting precincts of THE NILE IRRIGATION, DISTRICT shall, for the purpose of saia special election to be held a8 aforesaid, be and remain as fixed by the Board of County Commissioners at the time of the organization of said District, Fourth: That the following named èlectors, residents of the respective cincts of said THE NILE IRRIGATION DISTRICT, be, and they, are hereby appointed pre- of saia special election in the divisions or voting precincts hereinbefore referred Judges to 88 follows: In and for precinet No. 1, be ing: the First Division of sa ia District, Nora G. Morrow and Sia Donisthorpe. I.W.Reed, 29 In and for precinct No. 2, being the Second Division of said M. D. Harshman, J.C.Law and Rèy Robertson. District, In and for precinct No, 3, being the Third Division of Said District, C.A. Axelson, J.M.Shelton and William Kennish. One of the judges hereby appointed in each precinct shall act 88 Clerk of said àlection as provided by law. NILE Fifth: That the polling places in the several divisions or precincts of said THE IRRIGATION DISTRICT are, for the purpose of said special election fixed and designated by the Board of Directors as follows: hereby In and for precinct No. 1,3 being the First Division of said District at the residence of Gaorge M. Morrov on the Sou thwest Quarter (SW) of Section Three (3) in Township Two (2), North of Range. Sixty (60), West of the 6th P.M. In and for precinet No. 2, being the Second. Division. of said Distirct, at the store room of The wiggins Mercantile Company in the Town of Wiggins, Morgan County, Colorado. In, and for precinct No. 3, being the Third Division of said District, st the residence of P.H.Harshmen on the Southwest Quarter (SW) of Section Three (3) in Town- ship Thrée (3), North of Renge Sixty (60) West of the 6th P.M. Sixth: That tha polling placos of said special election for the purpose of receiving the ballots of the legai electors of said District, shall in each of the pracincts thereof be opened. at eight O'clock in the morning and be kept open until six O'clock, P.M, of said, 1lth day of May, A.D., 1925. BE IT FURTHER RESOLVED, That the 'Secretary of this Board of Directors is here- by directed and required to give due notice of said special election to be held on the 1lth day of May, A.D., 1925, for the time and in the manner provided Section 1966 and 2037 of the Compiled Statutes of Colorado of 1921." by THIRD. A full, true and complete copy of the publication notice of ssià special election, as published by posting in the three several prec incts and divisions of the said District by the Secretary, of said District, 88 shown by his affidavit attached to said notice, which has been filed with the Board of Directors of THE NILE IRRIGATI ON DISTRICT, is as follows: "Notice is Hereby Given, ths t a special e lection for the purpose of submitting to the qualified electors of THE NILE IRRIGATION DISTRICT of Morgan County, a proposition to vote on the dissolution of said DISTRICT will be held on Monday, Coloredo, May 11, A.D., 1925. That each division and voting precinct of said District, for the purpose of said election shall be and remain as heretofore fixed and designated by the Bosra of Commissioners of Morgen County, Colorado, at the organization of said District. That the polling places in the several precincts and divisions of saia Dis- trict, for the purpose of said election, have. been fixed and designated, and the judges for said election have been appointed by the Board of Directors of said Dis- trict, as follows IN AND FOR PRECINCT NUMBER 1, BEING THE FIRST DIVISION OF SAID DISTRICT, at: the residence of George M. Morrow on the Southvest Quarter (SWI) of Section Three (3) in Township Two (2), North of Range Sixty (60), West: and the Judges of said election for said precinct, appointed as aforesaid, are I..Reed, Nora G. Morrow and Sid Donis- thorpe. IN AND FOR PRECINCT NULBER 2, BE ING THE SECOND DIVISION OF SAID DISTRICT, at the store room of the Wiggins Mercantile Company in the Town of Wiggins, Morgan County, Colorado; and the Judges of said election for saia precinct, appointed as aforesaid, are N.D.Harshman, J.c.Law Ray Robertson. IN AND FOR PRECINCT NUMBER 3, BEING THE THIRD DIVISION, OF SAID DISTRICT, at the residence of F..Harshman on the Southwest Quarter (sH4) of Section Three (5) in Township Twp.62) North of Range Sixty, (60), West; and the Judges of said election for Aappoiated as aforessia, are C.A.Axelson, J.M.Shelton and William Kennish. That in esch of said voting precincts, one of the Judges shall be chairman of the Election Board, and one of the same shall act as CIerk of said Election. That the polls S hall be opaned, at Eight O'clock in the morning of said election day and shall be kept open until Six o'clock P.M., of said lith day of May, A.D., 1925. Thatat such elect ion the ballot shall contain the words, "Dissolution of the District Yès" and "Dissolution: of the District No, or words equivalent theréto. Dated at the office of THE NILE IRRIGATION DISTRICT, at Fort Morgan, Morgan County, Colorado, this 2Ist day of April, A.D., 1925." STATE OF COLORADO, COUNTY OF MORGAN, SS. "I, Omer T. Hallory, Secretary of the Board of Directors of THE NILE IRRIGATION DISTRICT, being first duly sworn on my osth, depose and say that fifteen (15) days prior to the special election of ssid District, held on the 1lth day of May, A.D. 1925, Iposted ten (10) notice-of said special election to be held within and by said District, of which the above and foregoing is a full, true and complete copy. One of whi ch notices being a general notice of said election, was posted on Tuesday the 21st dsy of April, A.D. 1925, in the office of the Board of Directors, of said THE NILE IRRIGA- TION DISTRICT, Room 213, Bank Block, Fort Morgan, Morgan County, Colorado. Thraa (3) of said notices were posted on Fhursday, April 23rd, A.D., 1925, in Precinct: Number 1, of said District, as follows: One (1) notice on the Southwest quarter (SW4) of Section Three (3), Township Two (2) North, Range Sixty (60) West of the 6th P.M. Ona (1) notice on the Northeast quarter (NEI) of Section Eleven (11), Township Two (2) North, Range Sixty (60) West of the 6th P.M. One (1) notice on the Northeast quarter (NEZ) of Section Two (2), Township Two (2) North, Range Sixty (60) West of the 6th P.M. Three 13) of saia notices were posted on Thursday, April 23ra, A.D., 1925, in Precinct Number 2, of said District, as follows: One (1) notice on the Northwest quarter (NW) of Section Twenty-two (22), Town- ship Three (3) North, Range Sixty (60) West of the 6th P.M. One (1) notice on the Sou theast quarter (SE) of Section Thirty-five (35), Town- ship Three (3) North, Range Sixty (60) West of the 6th P.M. One (1) notice on the Northeast quarter (NEL) of Section Twenty-six (26), Town- ship Three (3) North, Range Sixty (60) West of the 6th P.M. Three (3) of said notices were posted on Thursday, April 23rd, A.D.,1925, in Precinct Number 3, of said District, as follows: One (1) notice on the Northeast guarter. (NE:) of Section Two (2), Township Three (3) North, Ranga Sixty (60) West of the 6th P,M. 30 One (1) notice on the Southwest (sWA) of Section Three (3), Township Three (3) North, Range Sixty (60) West guantose the 6thP.M. One (1) notice on the Southwest quarter. (SW4) of Section Twelve (12), Township Three (3) North, Range Sixty (60) Test of the 6th P.M. That ali of said notices herein raferred to were signed byt the Secretary of the Boara of Directors of THE NILE IRRIGATION DISTRICT, and were posted in public places in said THE NILE: IRRIGATION DISTRICT and Morgan County, Colorado." (Signea) Omer T. Mallory. Subscribad in my presanca and sworn to before me by the said Omer T. Mallory, Secretary of the Board of Directors of the Nile Irrigation District, this 16th day of May, A.D., 1925. My commission expires August 13, 1927. (Signed) Ray White (Notarisl Seal) Notary public. FOURTH. The names of the Judgès of said election are as follows: In precinct No. I..Reed, Nora G. Norrow and; Sid Donisthorpe. In Precinct. No. :; M.D.Harshmen;, J.C.Law and Ray Robertson. In Precinct No. 3, C.A.Axelson, J.M.Shelton and William Kennish. sia Donisthorpe in Precinct No. 1, appointed as Judge of election, did not appear, and Ora Lovali was duly appointed, qualified and; served as such Judge of Elec- tion in lieu of said Sid Donisthorpe. FIFTH. That the whole, number of votes cast in the entire District, and in each pre- cinct or division thereof; is as follows: (a) The entire number of. votes cast in the entire District was nineteen (19). (b) In Precinct or Division No. 1, Eight (8). In: Precinct or Division No. 2, Four (4). In Preçinct or Division No. 3, Seven (7). SIXTH. That the following is & true copy: of the ballot used by each voter, voting 89 said election: DIss0lution of the District--YES Dissolution ofthe District--NO SEVENTH. That t the result of the ballot in the entire District, and in each precinct or division thereof, wais as: follows: (a); In the entire District nineteen" (19) votes were cast "For Dissolution = Yes" and no (0) votes were cast "For Dissolution No". (b) In. Precinct or Division No. 1, Eight (8). votes were cast "For Dissolution Yes" and no (0) votes were: cast. "For Dissolution = No". In: Precinct or Division No. 2, Four (4)3 votes were cast "For Dissolution - Yes", and no (0) votes were cast "For Dissolution No". In Precinct or Division No. 3, Seven, I7Votee were cast "For Dissolution Yos" and no (0) votes were cast "For Dissolution No." EIGHTH. That the Board of Directors of said THE NILE IRRIGATION DISTRICT of Mor County, Colorado, at 8 meeting hela at its office in Fort. Morgen, Colorado, on May, 18th, A.D., 1925, to the ony, pursuant law, canvessed election returns of said special election and counted the votes cast thereat and having foura that Nineteen (19) votes, being al1 the votes cast at said special election, having béen "For Dissolution = Yes" and no (0) votes having been cast "For Dissolution - No", the saia THE NILE IRRIGATION DISTRICT of Morgan County, Colorado was declared dissolved and the President and Secre tary: wera directed: to issue a CERPIFICATE OF SUCH SPECIAL ELECTION and file the same with the Clerk and Recorder of Morgan County, Colorado, to be by him recorded as pro vided by law. We, E.E.Youngblut and Omer T. liallory, President and Secretary, respectively, of THE NILE IRRIGATION DISTRICT aforesaid, hereby certify that the above and foregoing i's ay full, true and complete ista tement concerning the special eléction held within and by THES NILE IRRIGATION DISTRICT on May 11th, A.D., 1925, as required and contemplated by Section 2047 of the Compiled Lawe of Colorado, 1921. WITNESS OUR HANIS and the Seal of Saia District at Fort Horgan, Morgan County, Colorado, this 18th day of May, A.D., 1925. E. E. Youngblut President: of THE NILE IRRIGATION DISTRICT. Omer T. Mallory a Le Secretary of THE NILE IRRIGATION DISTRICT. No. 150600 Filed for record May 18, 1925 at 2:45. o'clock P.1. A. H. Asmus, Recorder COMPARED BY. .034 By H. D. Asmus, Deputy MORGAN COUNTY EXTENSION 914 E. RAILROAD AVE FORT MORGAN, CO 80701 970-542-3540 FAX: 970-542-3541 A heewer is applying for a Minor Subdivision or Planned (landowner) Development consisting of 7 lots totaling 4, 4 acres. Landowner is Proposing to allow animal units per acre,. or ànimal units per lot. Location and/or addrèss of site: Hwy52 ARA K Driving direction from Fort Morgan: Date application is due in Planning Dept.: Copy of soils map must accompany this request. Copy of site plan must accompany this request. It is the andowneryapplicants responsibility to provide a stamped, self addressed envelope. For return of this form or make arrangements to pick it up at the Extension Office. EXTENSEION, AGENT USE ONLY: Approval of animal units as proposed: Revised Recommended maximum animal units: sa - - - Comments: Kot/a3. 46 Aeresor 2A4; Lot2E8 Acresar 6 AU; Lot3:72 Acresor 5Au: LOT4 in 57Acres GrAU Signature: Meiknfhoenah Date: ala/2o2s Soil Map- Morgan County, Colorado (Jay Greener, 4901 County Road K, Wiggins, CO) 578400 578800 579200 579600 580000 580400 bL TUB TUG Bp BuA BIB - V Bp Bp TuB TUB Ve TuG à TUB BB TUB TuB BUA BVA TuB TUB Tuc TUD de TuG Bp CTA UUG TuG BuA BIB BIB Bp BuA BGBVA JuB BIA a 6 * BuA TuB - Tuc TuB TuB * BVA CMVA VcD BxG BxG BIB 5p Bp BnA CVA BIA Ve Vey Bp TuG 400 9 'N N 78400 578800 579200 579600 580000 580400 580800 Map Scale: 116g0ofpitalomApata: (8.5"x1 11")sheet. Meters N 200 400 800 1200 Feet 0 500 1000 2000 3000 Mapp projection: WebMercator Comer coordinates: WGS84 Edget tics: UTM: Zone: 13NWGS84 JSD Natural Resources Web Soil Survey 1/28/2025 Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map- - Morgan County, Colorado (Jay Greener, 4901 County Road K, Wiggins, CO) MAP LEGEND MAP INFORMATION Area of Interest (AOI) E Spoil Area The soil surveys that comprise your AOI were mapped at Area of Interest (AOI) 1:24,000. 4 Stony Spot Soils Please rely on the bar scale on each map sheet for map Very Stony Spot measurements. Soil Map Unit Polygons 9 Wet Spot Source Natural Resources Conservation Service - A Soil Map Unit Lines of Map: Other Web Soil Survey URL: Soil Map Unit Points Coordinate System: Web Mercator (EPSG:3857) Special Line Features Special Point Features Maps from the Web Soil Survey are based on the Web Mercator Blowout Water Features projection, which preserves direction and shape but distorts Streams and Canals distance and area. A projection that preserves area, such as the Borrow Pit Albers equal-area conic projection, should be used ifi more Clay Spot Transportation accurate caiculauons of distance or area are required. % +++ Rails Closed This product is generated from the USDA-NRCS certified data as > Depression 1 Interstate Highways of the version date(s) listed below. a Gravel Pit 1 US Routes Soil Survey Area: Morgan County, Colorado d Gravelly Spot 1 Major Roads Survey Area Data: Version 25, Aug 29, 2024 Landfill 1 Local Roads Soil map units are labeled (as space allows) for map: scales 1:50,000 or larger. A Lava Flow Background Marsh or swamp Aerial Photography Date(s) aerial Images were photographed: Jun 8, 2021-Jun 12, 2021 8 Mine or Quarry The orthophoto or other base map on which the soil lines were Miscellaneous Water compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor Perennial Water shifting of map unit boundaries may be evident. w Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip 0 Sodic Spot USDA Natural Resources Web Soil Survey 1/28/2025 conservation Service National Cooperative Soil Survey Page 2 of3 Soil Map-Morgan County, Colorado Jay Greener, 4901 County Road K, Wiggins, CO Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI BIA Bijou loamy sand, 01 to 1 144.8 12.1% percent slopes BIB Bijou loamy sand, 11 to3 184.0 15.4% percent slopes BnA Bijou sandy loam, 01 to 1 2.4 0.2% percent slopes Bp Valent loamy sand, 31 to 9 204.8 17.1% percent slopes BuA Bresser loamy sand, 0 to 3 102.0 8.5% percent slopes BVA Bresser sandy loam, 01 to 3 140.7 11.7% percent slopes BxC Bresser soils, terrace, 3 to 5 29.2 2.4% percent slopes HIA Heldt clay, 01 to 1 percent 22.0 1.8% slopes HVA Heldt sandy loam, 01 to 1 22.8 1.9% percent slopes TuB Truckton loamy sand, 01 to 3 130.6 10.9% percent slopes Tuc Truckton loamy sand, 31 to 5 139.5 11.6% percent slopes TuD Truckton loamy sand, 51 to 9 31.0 2.6% percent slopes VcD Valent sand, 31 to 9 percent 34.8 2.9% slopes Ve Valent-Dwyer sands, terrace, 0 9.6 0.8% to 3 percent slopes Totals for Area of Interest 1,198.3 100.0% USDA Natural Resources Web Soil Survey 1/28/2025 Conservation Service National Cooperative Soil Survey Page 3 of 3 RAYMOND M. LAWS, P.C. ATTORNEY ATI LAW 811 Main Street Fort Morgan, CO 80701 February 3, 2025 Nicole Hay Planning Administrator Morgan County Planning & Zoning Department 231 Ensign St. Fort Morgan, CO 80701 Re: Buck Creek Landco, LLC Minor Subdivision Mineral Notification Requirement Dear Ms. Hay, My office has been retained to represent Buck Creek LandCO, LLC in support of a minor subdivision application on an approximately 66-acre tract ofland located in the SE1/4 of Section 11, Township 2 North, Range 60 West ofthe 6th P.M in Morgan County, Colorado, also known as Morgan County Assessor Parcel Number 1297-110-00-019 (hereinafter the "Property"). State Statute requires that thirty days before an initial public hearing by a local government on a development application the applicant must send notice via registered mail to all mineral estate owners who are: a) identified as such in the County Assessor's records; or b) have filed a request for notice with the County Clerk & Recorder. See generally, C.R.S. $ 24-65.5-103(1). Please be advised that my office has examined the records of both the Morgan County Assessor as well as the Morgan County Clerk & Recorder as it relates to the mineral estate underlying the Property. No mineral estate owners on the Property are separately taxed by the Morgan County Assessor. Similarly, no mineral estate owner has filed a request for notice with the Morgan County Clerk & Recorder pursuant to C.R.S. $ 24-65.5-103(3). Please feel free to reach out to me at the phone number and email address below if you have any questions or concerns regarding the results ofthis limited mineral title examination. Yours Very Truly, /s/Raymond M. Laws Raymond M. Laws avaws@mmlwsfim.com Morgan County Treasurer Statement of Taxes Due Account Number R022822 Parcel 129711000019 Assessed To BUCK CREEKI LANDCO: LLC 150 WELLSST: #652 ERIE, CO 80516 Legal Description Situs Address S: 11 T:: 21 R: 60 PARC SE1/4 B1009 P7471 EX 1500627 Year Tax Interest Fees Payments Balance Tax Charge 2024 $3,052.88 $0.00 $0.00 $0.00 $3,052.88 Total Tax Charge $3,052.88 Grand' Total Due as of0 04/10/2025 $3,052.88 Tax Billed at 2024 Rates for' Tax Area 323 323 RE: 50J Authority Mill Levy Amount Values Actual Assessed COUNTY GENERAL: FUND 19.5360000 $801.95 VACANT LAND 35A $147,120 $41,050 ROAD. AND BRIDGE: FUND 7.5000000 $307.87 TO 99.9A SOCIALS SERVICES FUND 2.0000000 $82.10 Total $147,120 $41,050 WIGGINS RURALI FIREI DIST 7.0000000 $287.35 MORGAN CO QUALITY WATER 0.8240000 $33.83 NI KIOWAI BIJOU MGMTI DIST 0.0200000 $0.82 WIGGINS! PEST CONTROL 0.4150000* $17.04 RE: 50-J WIGGINS GENERAL 24.1770000 $992.46 RE: 50-J WIGGINS! BOND 12.5000000 $513.12 RE: 50-J WIGGINS! PROG RES FU 0.3980000 $16.34 Taxes Billed 2024 74.3700000 $3,052.88 * Credit Levy TAX LIEN SALE REDEMPTIONS MUST BE PAID BY CASH OR CASHIER'S CHECK* Special taxing districts and the boundaries of such districts may be on file with the County Commissioners, County Clerk, or County Assessor. Unless specifically mentioned, this statement does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or miscellaneous tax collected on behalf of other entities, special orl local improvement district assessments, or manufactured homes. ROBERT A SAGEL, MORGAN COUNTY TREASURER 231 Ensign St, PO Box 593, Fort Morgan, CO 80701 Phone: 970-542-3518, Email: esale@comorgan.cous Website: ogancounycooracogor LANDOWNER LETTERS, REFERRALS & RESPONSES Landowner Letter Sent & Responses Received Referral Sent & Responses Received Notification Sign Posting Pictures & Affidavit M RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT April 9, 2025 Dear Neighboring Landowners: Jay Greener as applicant and Buck Creek LandCO, LLC as landowner have submitted an application to our office for a 4-Lot Minor Subdivision. The total acreage being divided into 4 Lots is 24.43 acres. Lot 1 will be 3.46 acres, Lot 2 will be 8 acres, Lot 3 will be 7.23 acres and Lot 4 will be 5.74 acres. Legal Description: A parcel of land located in the SE44 of Section 11, Township 2 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This application is scheduled to be heard by the Planning Commission at a special meeting on Monday, April 28, 2025 at 6:00 P.M. and the Board of County Commissioners on Tuesday, May 6, 2025 at 9:00 A.M. to be held in the Assembly Room of the Morgan County Administration Building, 231 Ensign St., (Basement Level) Fort Morgan, Colorado. Landowners within 1,320 feet of the subject property are notified of the application and hearing date. Documents pertaining to the above identified matters are on file in the Planning Administrator's Office located at 231 Ensign St., Fort Morgan, Colorado. If you have any questions pertaining to this application or if you would like to review the file, either contact us at (970) 542-3526 or stop by our office prior to the hearing. You may attend the public hearing and provide comments on the application, or alternatively, if you are not able to attend you may submit written comments to our office no later than April 23, 2025. Sincerely, Nicole Hay Nicole Hay Planning Administrator For special assistance for the mentioned hearing, please notify us at least 48 hours before the scheduled agenda item. Please call (970) 542-3526 to request any ADA accommodations. Morgan County Government d 231 Ensign St & PO Box 596 & Fort Morgan, CO 80701 Telephone (970) 542-3526 & hay@co.morgan.co.us TURNER, PHILIP A & JUDITH M & NEWBOLD, WILLIAM H R & KATHLEEN F 4831 CO RD K WIGGINS, CO 80654 TRAUTWEIN, LISA A 10328 HWY 52 WIGGINS, CO 80654 LEONHARDT, JASON & TAMMY 4772 CO RD L WIGGINS, CO 80654 LENTELL, RODNEY N & LAURA K & LFT FBO RODNEY NEIL LENTELL 5005 CO RD K WIGGINS, CO 80654 GEORGE, JACOB S & MCCAMAN, SARA R 10475 HWY 52 WIGGINS, CO 80654 BLACK, DONALD 4387 CO RD K WIGGINS, CO 80654 GROOTERS, RONALD D 1901 PTARMIGAN TRAIL - UNIT 202 ESTES PARK, CO 80517 BARD, STEPHEN L & ELLA R PROTECTION TRUST 9827 HWY 52 WIGGINS, CO 80654 DECARLO, NICK & COPELAND, JAN L 4744 CO RD K WIGGINS, CO 80654 PARKER, ROBERT L & VALERIE A 10476 HWY 52 WIGGINS, CO 80654 eld.sato.Mimanais5.B92DAppI240 Greener MscWplamboenallatePamcMaliaging 02023532D.mg10205 8:49:51 AM] SCHMALZRIED, THERON & ALLEN, PAMELA 10699 HWY 52 WIGGINS, CO 80654 BRUNELL, KARREN ANN 10695 HWY 52 WIGGINS, CO 80654 KNICKREHM, KEITH K PO BOX 186 WIGGINS, CO 806540186 JOHNSON, JUSTIN WADE & ANGELLA 4832 CO RD K WIGGINS, CO 806547815 IBRAHIM, RIMA & MUAATASEM MAMOUN 4828 CO RD K WIGGINS, CO 80654 GALLEGOS, ABEL E NUNEZ 9807 HWY 52 WIGGINS, CO 80654 SICKLER, LEONARD M 5607 CO RD K WIGGINS, CO 80654 GILMORE, LARRY C & KRISTEN M 5101 CO RD K WIGGINS, CO 80654 ESKEW, BRANDON D & BRYONNA S 5182 CO RD K WIGGINS, CO 806547806 ROUTZON, CONNOR BRIAN 302 BEATTIE ST STERLING, CO 80751 TURNER, NICHOLAS & SADIE ANN 4775 CO RD K eld-stbm.Aimariai32DApwI240 Greener MscWplamboenallatePamcMaliaging 02023532D.mg10205 8:49:51 AM] WIGGINS, CO 80654 eld.sato.Mimanais5.B92DAppI240 Greener MscWplamboenallatePamcMaliaging 02023532D.mg10205 8:49:51 AM] Page 1 of 1 REFERRAL AGENCIES RESPONSES RECEIVED CenturyLink CDOT See attached emails from 4/16/2025 and 4/21/2025 thru 4/22/2025 Colorado Parks and Wildlife Morgan County Assessor Morgan County Communications Morgan County Emergency Mgmt. Morgan Conservation District Morgan County Quality Water Morgan County Road & Bridge Morgan County Rural Electric Assoc. Morgan County Sheriff Department Morgan Weed & Pest Advisory Board Wiggins Fire Department Response received from Wiggins Fire via email on April 14, 2025 - have no issues with the proposed minor subdivision off Hwy 52. We would ask for the correct code with and sub base for the road to be installed. Thank you, Dave Hinson Chief Wiggins Rural Fire District Response to Wiggins Fire sent via email on April 14, 2025 Dave, Can you clarify what you mean by 'correct code" for the road to be installed? I will be passing your reply on to the landowner and I'm sure he may ask for clarification on this. Thank you Cheryl Brindisi, Planning and Zoning Administrative Assistant Response received from Wiggins Fire via email on April 14, 2025 If the county requires a 40' wide road, that the road be built to that width. Thank you, Dave Hinson Chief Wiggins Rural Fire District Wiggins Telephone (Blue Lightning) Northeast Colorado Health Department Xcel Energy See attached letter 4/15/2025 MeF RGAN COUNTY Where Prairie Meets The Sky MORGAN COUNTY PLANNING AND ZONING DEPARTMENT TO REFERRAL AGENCIES: Century Link Morgan County Road & Bridge CDOT Morgan County Rural Electric Assoc. Colorado Parks and Wildlife Morgan County Sheriff Department Morgan County Assessor Morgan Weed & Pest Advisory Board Morgan County Communications Wiggins Fire Department Morgan County Emergency Mgmt. Wiggins Telephone (Blue Lightning) Morgan Conservation District Northeast Colorado Health Department Morgan County Quality Water Xcel Energy FROM: Cheryl Brindisi, Morgan County Planning & Zoning Administrative Assistant 231 Ensign St, PO Box 596, Fort Morgan, CO 80701 970-542-3526 / 970-542-3509 fax / hrindilecomorincous DATE: April 9, 2025 RE: Land Use Application-4-Lot Minor Subdivision The following Minor Subdivision application is submitted to you for review and comments. The application is scheduled to be heard by the Planning Commission at a special hearing on Monday, April 28, 2025 at 6:00 P.M. and the Board of County Commissioners on Tuesday, May 6, 2025 at 9:00 A.M. You areencouraged to provide comments to this application by April 23, 2025. Failure to comment will be viewed as a favorable review. Applicants: Jay Greener Landowner: Buck Creek LandCO, LLC Legal Description: A parcel of land located in the SE14 of Section 11, Township 2 North, Range 60 West of the 6th P.M., Morgan County, Colorado. Request: 4-Lot Minor Subdivision. The total acreage being divided into 4 Lots is 24.43 acres. Lot 1 will be 3.46 acres, Lot 2 will be 8 acres, Lot 3 will be 7.23 acres and Lot 4 will be 5.74 acres. Sincerely, Chesy! Brindioi, Morgan County Planning & Zoning Administrative Assistant Morgan County Government . 231 Ensign . P.O. Box 596 . Fort Morgan, Co 80701 . 970) 542-3526 Fax (970) 542-3509 . Email: hrindil@comorgancous 4/16/25, 3:05 PM Co.morgan.co.us Mail Minor Subdvision-Greener Gmail Cheryl Brindisi Minor Subdivision-Greener Young - CDOT, Allyson Wed, Apr 16, 2025 at 11:06 AM To: Cheryl Brindisi cnasatoogancous, limothy Bilobran - CDOT Rose Valdes - CDOT Good Morning Cheryl, CDOT will require a traffic impact study to be submitted for review. The study will need to identify the following: 1) Whether or not a new access permit is warranted at the County Road intersection per the requirements of the State Highway Access Code (SHAC). If traffic is either increasing by 20% or more or improvements are being made to the intersection, then the Access Permit will be required in order to obtain legal access. Based on what I am seeing, it is likely the permit will be required. 2) Whether or not any highway improvements including auxiliary lanes are required per the SHAC. 3) Long range (2045) and short range total (site and existing) traffic volumes for each turning movement at the County Road intersection must be included in the study. CDOT evaluates warrants based on the long range, total traffic volumes. I did not see any new access being proposed, is that correct? Once the TIS is complete, CDOT will review and provide comments as to any revisions and potential next steps. Thank you, Ally [Quoted text hidden] Thank you, Allyson Young Region 4 Access Manager - Traffic COLORADO CDOT Department of Transportation P 10601West 10th Street, Greeley, CO 80634 http.!lcodot.gov www.cotrip.org https:/mailgoogle.com/malu07k-Idbc1953348view-ptsearch-allépermmsgid-msg.-t18295797633869575588simpl-msg-t1829579763386957558 1/1 4/16/25, 3:06 PM Co.morgan.co.us Mail Minor Subdvision-Greener Gmail Cheryl Brindisi Minor Subdlvision-Greener Cheryl Brindisi chinds@comogncous Wed, Apr 16, 2025 at 12:47 PM To: "Young - CDOT, Allyson" Cc: Timothy Bilobran - CDOT Rose Valdes - CDOT Nicole Hay phay@comogancous, Jenater Santos sancgcomogancus Hello and Good Day! Just to clarify, the proposed access to this parcel for the Greener Minor Subdivision is off of County Road K. The property is abbutting Highway 52. Thank you Cheryl Brindisi, Planning and Zoning Administrative Assistant Morgan County Planning and Zoning 231 Ensign St. PO Box; 596 Fort Morgan, CO 80701 970-542-3526 Cemmdsi@comogancus [Quoted text hidden] ittps/mail.google.com/mailuonk-Idbc1953348view-plasearch-alépermsgid-msg.ar48511140493693693182468simpl-msg-ar-485111404936931.. 1/1 4/16/25, 3:06 PM Co.morgan.co.us Mail Minor Subdvision-Greener Gmail Cheryl Brindisi Minor Subdivision-Greener Young - CDOT, Allyson Wed, Apr 16, 2025 at 12:59 PM To: Cheryl Brindisi chmdigtomogncaur Cc: Timothy Bilobran - CDOT Rose Valdes - CDOT Nicole Hay may@comogan.cous, Jenafer Santos Sanc@comogancous Cheryl, yes that is understood. The site's traffic however will impact that County Road connection at the highway and therefore the study with the above listed requirements must be completed. Any connection, including county roads and city streets, are defined as l'access points" in the State Highway Access Code. Let us know when the study is complete and we will review in order to determine next steps. Thanks, Ally [Quoted text hidden] https:/mailgoogle.com/malu07k-Idbc1953348view-ptsearch-allépermmsgid-msg.-t18295868642952531768simpl-msg-t1829586864295253176 1/1 4/23/25, 9:47 AM Co.morgan.co.us Mail - Re: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K' Wiggins Gmail Cheryl Brindisi Re: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K Wiggins 3 messages Valdes - CDOT, Rose Tue, Apr 22, 2025 at 1:17 PM To: Jay Greener Cc: Timothy Bilobran - CDOT Cheryl Brindisi chinds@comogancous Good Afternoon Mr. Greener, will be spearheading this from this point forward. RE: 052AI RB Highway Category Access Please allow me to preface this by saying that I do not have the benefit of the original referral details. State Highway Access Code (SHAC). I truly empathize with the limited resources of a small developer. That said, iti is CDOT's mandate to implement state law without consideration for the property owner's financial limitations. The purpose of the Code is to make our highways safer and it must be applied uniformly in that pursuit. Subdividing. If this is for subdividing-only: without any specifically identified land uses, CDOT will not require a traffic assessment at this time. The total number of lots has no bearing. Cheryl. CDOT will kindly ask Morgan County to refer any development of the subdivided lots at the Morgan County Planning phase for comments. At such time as the proposed Uses are identified, a Traffic Assessment will be required. The level of which to be determined at that time based upon the intended Use(s). If this is in the Planning Phase would you please send me a link to the associated documents? Please. Jay, I am attaching the CDOT Traffic Assessment definitions as well as the CDOT Traffic. Assessment Guidelines. These are new state-wide CDOT traffic assessment requirements that must be adhered to. Indirect Highway 052A Access. This also requires conformance with State Highway Access Code. hope have answered all your inquiries. Kind Regards, Rose Valdes Assistant Access Manager COLORADO DepmtmemtefTamganuiem 10601 West 10th Street, Greeley, CO 80634 http:/Icodot.gov, - www.cotrip.or Office Phone My working hours are Monday through Thursday 7am to 4:30pm and 7am to 11am on Fridays. On Mon, Apr 21, 2025 at 9:54 AM Young - CDOT, Allyson > wrote: Forwarded message From: Jay Greener - > Date: Wed, Apr 16, 2025 at4:31PM Subject: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K Wiggins To: > Hi Allyson, Jay Greener here. I'm the owner of the property at County Road K and Highway 52 South of Wiggins. I'm proposing a minor subdivision resulting in four lots with a fifth out-lot, entering off of County Road K. ittps./mailgoogle.com/mailuokW07K-Idbc1953348vew-pl8search-alépermthd-ttireadt18301315586395561468simpl-msg-f: 183013155863955614. 1/4 4/23/25, 9:47 AM Co.morgan.co.us Mail - Re: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K' Wiggins I've got an entry permit off of County Road K and am specifically putting in a private drive SO that don't enter off of Highway 52. - - spoke with someone in your office regarding the incredible difficulty associated with obtaining an entry permit off of Highway 52. My question at this point is, will the email attached from you suffice in terms of specifications for the engineering company that will have quote the traffic study? Or is there something more that the engineering firm needs to understand in order to complete the study? Secondly, I would implore you to reconsider this requirement. To be honest, I'm a small operation and am creating seven lots entering off the County Road out of strict deference to not wanting to enter off of 52 with utilities or access because I understand how expensive and onerous that's going to be. My thought was ifl enter off of County Road K, could avoid the traffic impact study. It appears that is not the case, is that right? I'mj just going to level with you; this may completely crush this project. Ij just need to know if there is any way around this. That is to say, do you have flexibility and the ability to reconsider this request? You understand I'm not entering off of 52, correct? Anything you can help with to enlighten me here would be very much appreciated. Say revise my proposal from 5-7 lots down to 2 or 3 with entry off K only - no entry off 52, would the State see that any differently? Thank you. Jay Greener (texti is best) Thank you, Allyson Young Region 4 Access Manager - Traffic COLORADO CDOT Department of Transportation P 10601 West 10th Street, Greeley, CO 80634 ttp:!lcodot.gov I www.cotrip.org 2 attachments a_ cdoltrafic-assessmentguioetinestagpat 749K b_ cdottraflic-assessmentevels-ta-pdr 187K Valdes - CDOT, Rose Tue, Apr 22, 2025 at 4:00 PM To: Jay Greener Cc: Timothy Bilobran - CDOT Cheryl Brindisi chinds@comogancous hitps./mail.gogle.commailuo7k-tabcei953346viewe-plssearch-alapemmhid-IhreadF18301355586395561468simpl-msg:183013155863955614. 2/4 4/23/25, 9:47 AM Co.morgan. co.us Mail Re: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K Wiggins Hi Jay, would recommend a traffic assessment, now, to determine the potential impact beyond a permit, if any, sO that it does not fall unexpectedly upon your buyers. CDOT would only require a Level 2 Traffic Assessment for several single family residences. Kind Regards, Rose Valdes Assistant Access Manager COLORADO DepamemafTamganuiem 10601 West 10th Street, Greeley, CO 80634 http:/Icodot.gow/ I www.cotrip.or Office Phone My working hours are Monday through Thursday 7am to 4:30pm and 7am to 11am on Fridays. On Tue, Apr 22, 2025 at 3:49 PM Jay Greener wrote: Hi Rose, can you please clarify to make sure I understand correctly: RE: "Subdividing. If this is for subdividing-only without any specifically identified land uses, CDOT will not require a traffic assessment at this time." My project consists of subdividing 66 acre into smaller lots, selling as land only. No improvements, but highest and best use is single family residence. RE: " CDOT will kindly ask Morgan County to refer any development of the subdivided lots at the Morgan County Planning phase for comments. At such time as the proposed Uses are identified, a Traffic Assessment will be required. The level of which to be determined at that time based upon the intended Use(s)." Would this mean that if a buyer of my vacant lot were to apply for a building permit to build a home, then a traffic study will be required, and in fact, every buyer, when they intend to build, would be required to furnish a traffic study? Ifl were to procure a traffic study for 7 vacant lots at this location, will the buyers of the lot be able to utilize the study for the purposes of obtaining a building permit? Thank you for the clarification and I'lI review the code/pdfs provided as well. Much appreciated. thx.j [Quoted te thidden] Cheryl Brindisi dhinas@comogancous Wed, Apr 23, 2025 at 9:43 AM To: Nicole Hay mnaygcomogancous Received yesterday. Thank you Cheryl Brindisi, Planning and Zoning Administrative Assistant Morgan County Planning and. Zoning 231 Ensign St. PO Box 596 Fort Morgan, CO 80701 970-542-3526 https./mailgoogle.com/mailu0mk-Idbc1953348vew-ptésearch-allépermthid-thread-r18301315586395561468simpl-msg.t183013155863955614. 3/4 4/23/25, 9:47 AM Co.morgan.co.us Mail Re: Greene rMinor Sub, Traffic Impact Study, Hwy 52/CR K Wiggins CBrindisi@co. morgan.co.us [Quoted text hidden] 2 attachments cdortraficassessmentguceines-agpat 749K .cdorrafic-assessment-evels-aipat 187K https:/mailgoogle.com/malluonk-Idbc1953348view-plsearch-alépermthid-thread-t18301315586395561468simpl-msg-f183013155863955614.. 4/4 0 6 COLORADO CDOT Department of Transportation Traffic Assessment Guidelines for CDOT Access Permits (in conformance with SHAC) This document is supplemental to the "State Highway Access Code" (SHAC) and is intended to provide additional clarity to applicants regarding the required content of traffic assessments submitted as part of a CDOT access permit application. Refer to the "CDOT Traffic Assessment levels" (TAL) document (Attachment A) and coordinate with CDOT as needed to determine the appropriate level of assessment for a particular development. Table 1 in this memo lists the specific traffic assessment items required for each level of traffic assessment and is applicable to most routine access permit applications. Some access permit applications may require additional analysis or discussion of other topics in addition to the items denoted in Table 1. It is required that the applicant arrange a pre-application meeting with CDOT to discuss application details and specific requirements for Level 2 and 3 traffic assessments. Refer to Attachment B for a sample Traffic Study Methodology Form that illustrates the items applicants should be ready to discuss during a pre-application meeting. Traffic assessments should contain all items indicated in Table 1 for the appropriate traffic assessment level (Level 1, 2, or 3) and should generally be presented in a similar order as in Table 1. Figures, maps, and tables shall be labeled, including a table or figure number, and presented in a legible scale. All levels of traffic assessments shall include an appendix with all relevant supporting documentation used to complete the traffic assessment report, including raw data collection records, trip generation pages and calculations, trip reduction justification and calculations, traffic modeling output files, copies of email correspondence, etc. All proposed accesses and intersection improvement recommendations shall adhere to the requirements set forth in the SHAC. While not always specifically stated in Table 1, every traffic assessment should continuously reference applicable standards set forth in the SHAC such as the number of accesses per parcel, intersection spacing, auxiliary lane requirements, access width and radii, etc. The TIS may only identify any anticipated waivers from the design standards of the SHAC as described in Section 4.12 of the SHAC. Waivers cannot be issued for procedural requirements. Deliverables required for a Level 2 (TripGen) and Level 3 (TIS) traffic assessment should be a formal report and include report elements such as a title page (include project name and number, date, company name, address and phone number and licensed engineer name, address, phone number, e-mail address, signed PE stamp and expiration date), list of figures, list of tables, executive summary, etc. All traffic and safety model files and output reports should also be included with the TIS submittal. Traffic modeling files should be dated and named in a clear, relevant, and consistent manner when transmitting to CDOT SO that reviewers can easily navigate the submission folder. The list of files being transmitted to CDOT should be noted along with the list of attachments at the end of the traffic assessment report. Table 1 begins on the following page and continues through page 7. The table outlines and clarifies the requirements for each level of traffic assessment in conformance with SHAC and applies to most CDOT's routine access permit applications. 1of9 COLORADO CDOT Department of Transportation Table 1: Traffic. Assessment Study Content Guidance Category Description L1 L2 L3 Pre-Application Meeting - Discuss traffic assessment Pre- assumptions and proposed methodology with a CDOT Application representative. Local entities should be invited and other X X Meeting stakeholders may also attend pre-application meeting with CDOT. Location Map - Clear, scaled map showing development parcel(s) and relation to the surrounding roadway network and X X X jurisdictional boundaries. Project Description - Detailed description of the existing land X X X use and the proposed development. Development Buildout (Open Year) - Year that development is X X X expected to open to traffic. Development Design Year (Horizon Year) - 20 years after the X X planned open year. Phasing Plan - CDOT recommends preparing the TIS for the full build-out condition or the most reasonable level of completion that the development will reach within 5 years. Phases that are expected to be completed more than 5 years from the application if if date should submit a new permit application when new phases applicable applicable Development are expected to be completed within 5 years. TISs that include a Context phasing plan should evaluate no more than two phases, an interim conditional and a full buildout condition. Site Plan Figure should include driveway widths, radii, and X X show expected circulation of vehicles on site. Access Locations - Detailed description of existing and proposed access points to the development. Description should include mile point location, existing and proposed access configuration (full access, 3/4 access, RIRO, etc.), control type X X X (signal, stop-controlled, roundabout, etc.), and status of the access point (existing - to remain, existing - to close, existing - to be modified, proposed, etc.) Access Point Spacing Map should clearly identify existing and possible future access locations on both sides of the roadway X X within one-half mile of the development in each direction. Include distance between access point edges on the figure. Study Intersections List of all intersections in the study area. Include existing control type and lane configuration of intersection approaches including lane movement assignments and turn bay X X X Study Area 1 lengths. Road Names - Map or list with names of roadways in the study area. State highways should use route designation identified in X X X OTIS in addition to local road names for the highway. 2of9 COLORADO CDOT Department of Transportation Table 1: Traffic Assessment Study Content Guidance Category Description L1 L2 L3 Existing AADT AADT of all roadways in the study area. AADT of State Highways can be found in CDOT OTIS and MS2SOFT. X X X Roadway Classification - Functional classification and access control classification (for state highways) of all roadways in the X X X study area. Posted Speed Limit - Existing posted speed limit within 1,000' in Study Area each direction of proposed development access points and study X X X Cont. area intersections. Planned Improvements - All projects that are planned or funded within one-half mile of the study area. Review local and state plans for funded improvements and list any projects within one- X X half mile of the study area. Reference any approved Access Control Plans (ACP) within the study area. Data Collection - Describe the data collection plan including date (must be collected within 2 years of TIS submittal), day of week, X X location, duration, and type of data collection. Peak Hours - List all peak hours to be analyzed. Analysis should include peak hours on the adjacent roadway and the peak hour of X X X the generator. Existing Volume Data - Include Peak Hour Factor (PHF), truck percentage, and any other relevant data related to the existing X X conditions traffic. Adjustment Factors - Describe adjustment factors that were Existing applied to the collected data to develop existing conditions Volumes turning movement volumes, including source data and calculations or describe why adjustment factors do not need to be applied to the existing conditions volumes. Note - Existing X X conditions peak hour volume should be adjusted as needed to reflect approximately the 30th highest hourly volume of the year (Design Hourly Volume, DHV). Existing Peak Hour Volume Diagram - Provide Figure showing peak hour turning movement counts (TMC) at all study intersections for all peak hours being analyzed. Volumes should X X be rounded up to the nearest whole number and balanced across intersections as outlined in CDOT Traffic Analysis and Forecasting Guidelines". Land Use - Describe land use code selection, or justification of X X X alternative trip generation methodology 2. Trip Trip Reductions - If applicable, describe all adjustments to trip Generation2,3 generation that will be utilized for the development including if if internal capture, pass-by trips, mode split, or other adjustments. All adjustments must include supporting documentation in the applicable applicable report appendix. 3of9 COLORADO CDOT Department of Transportation Table 1: Traffic Assessment Study Content Guidance Category Description L1 L2 L3 Trip Generations - Include Table of trip generation calculations using ITE Trip Generation Manual (most recent edition at the time of submission). Use of CDOT table template4 is highly encouraged. The table must include land use code, independent variable, development size (in relation to ndependent variable), total daily trips, and peak hour trips (total, entering, and exiting) X X X for each peak hour being analyzed. If trip reductions are recommended, they should be separated into reductions that will reduce volumes at the driveways (such as internal capture) and reductions that will not reduce volumes at the driveways (pass-by or diverted). Volumes should be rounded up to the nearest whole number. Trip Distribution - Describe distribution of trips generated by the proposed development. Description should include assumptions X X and calculations and all relevant sources. Trip Distribution Figure Provide a Figure showing percentage and directional distribution of individual movements entering and Trip exiting the site. When a development contains multiple access X X Generation points, a separate figure for distribution of entering and exiting Cont. traffic is recommended. DevacpmentsteCeneratsd Volume Diagram - Provide a Figure showing peak hour turning movement volumes of ONLY deverpmenistegenerted traffic volumes at all study intersections for all peak hours being analyzed. When a development will contain multiple access points, a separate figure for distribution of entering and exiting traffic is highly encouraged. X X When pass-by or diverted trips are part of the analysis, separate volume diagrams for distribution of new trips generated by the development and reassignment of pass-byldiverted trip volumes should be included along with the final development site- generated volume diagram. Volumes should be rounded to the nearest whole number. Construction Traffic - When the construction of a development will generate at least 10 DHV (PCE) or a development will be under construction for one year or longer, an estimate of construction traffic volumes during analysis peak hours should be if if included and analyzed alongside development traffic to determine applicable applicable if auxiliary lanes or other mitigation measures are warranted due to construction traffic. Growth Rate (GR) - List the applied growth rate(s) and describe Future the process used to determine the growth rate for developing Volumes future background traffic volumes. Include calculations, X X Development assumptions, and data sources. 4of9 COLORADO CDOT Department of Transportation Table 1: Traffic Assessment Study Content Guidance Category Description L1 L2 L3 Build-out/Open Year Background Volume Diagram - Figure showing background peak hour turning movement volumes for the build-outlopen year at all study intersections for all peak X X hours being analyzed. Volumes should be rounded up to the nearest whole number. Build-out/Open Year Total Volume Diagram - Figure showing total (build-outlopen year background + development) peak hour X X turning movement volumes for the build-outlopen year at all study intersections for all peak hours being analyzed. Design/Horizon Year Background Volume Diagram - Figure Future showing background peak hour turning movement volumes for Volumes the design/horizon year (build-outlopen year + 20) at all study X X Development intersections for all peak hours being analyzed. Volumes should Cont. be rounded up to the nearest whole number. Design/Horizon Year Total Volume Diagram Figure showing total (design/horizon year background + development) peak hour X X turning movement volumes for the design/horizon year at all study intersections for all peak hours being analyzed. Auxiliary Lane Analysis - Compare design/horizon year total passenger car equivalent (PCE) volumes with auxiliary lane requirements in the SHAC. Analysis should include a review of all study intersections and turning movements. Make a final X X descriptive or list of recommendations as to whether an auxiliary lane is or is not warranted. Where auxiliary lanes are warranted, specify the required lane length. Traffic Analysis Methodology5s, Describe the methodology for conducting traffic analysis including the type and version of the software used and measures of effectiveness (MOE) being evaluated. Required MOES include control delay, level of service X X (LOS), volume-to-capacity ratio, and 95% queue lengths. MOES should be reported by movement, approach, and for overall intersection as appropriate. Traffic Build-out/Open Year - Background Conditions Operations?- - Operations Results of traffic operation analysis for the build-outlopen year X X Analysis with Background traffic volumes only. Planned improvements that 5,6,7,8,9,10 will be in place by the year of analysis should be included. Build-out/Open Year - Total Conditions Operations without Mitigations' - Results of traffic operation analysis for the build- out/open year with Total traffic volumes (background + devecpmentaltegenerate, This analysis should not assume X X any improvements associated with the development except those required to provide access to the site at driveway locations (i.e. driveway connection to the highway and required auxiliary lanes). 5of9 COLORADO CDOT Department of Transportation Table 1: Traffic Assessment Study Content Guidance Category Description L1 L2 L3 Design/Horizon Year - Background Conditions Operations". Results of traffic operation analysis for the design/horizon year X with Background traffic volumes only. Planned improvements that will be in place by the year of analysis should be included. Design/Horizon Year - Total Conditions Operations without Mitigations? - Results of traffic operation analysis for the design/horizon year with Total traffic volumes (background + devecpmentsltegenerale., This analysis should not assume X any improvements associated with the development except those required to provide access to the site at driveway locations (i.e. driveway connection to the highway and required auxiliary lanes). Operations Deficiencys.9 - Describe deficiencies that were identified in the traffic operations analysis, if any. These X X deficiencies trigger the need for mitigations and improvements. Traffic Operations Alternatives Analysis' - When improvements are determined to Analysis be needed based on the traffic analysis results, the TIS must Cont. analyze a range of reasonable alternatives including no build or no direct access alternatives. Innovative intersection alternatives should also be considered. A new traffic signal may only be included as an option in an alternatives analysis if a signal warrant study indicates a signal is warranted 5,10. CDOT may request ICAT (or other tools) as part of the TIS deliverables. CDOT's ICAT (Intersection Control Assessment) X Tool is developed to facilitate the screening, ranking, and prioritization of available ranges of alternatives (ICAT stage 1). It also facilitates benefit-cost analysis (BCA) for the top five alternatives, using output results from traffic, safety, and environmental analyses, along with vulnerable road user (VRU) opportunities and stakeholder support levels. These five alternatives are then ranked based on their overall BCA score (ICAT stage 2). Recommended Mitigations - Make final recommendations in mitigating the identified deficiencies based on the alternatives X analysis results. Concept Plan Provide a scaled concept plan of all proposed X mitigations, including required auxiliary lanes. Historical Crash Data - Report crash data from the most recently available 5 years by severity and type of crash at study if if intersections. Historical crash data may be requested from CDOT requested requested during the pre-application meeting or by email. CDOT may by CDOT by CDOT Safety provide additional information about existing crash patterns which should be addressed in the TIS if applicable. Analysis Safety Impacts and Potential Mitigations - Describe potential safety impacts of the proposed development including the impact X X caused by increased traffic, and new access points. Make recommended mitigations as applicable. 6of9 COLORADO CDOT Department of Transportation Table 1: Traffic Assessment Study Content Guidance Category Description L1 L2 L3 Multimodal Infrastructure - Document location of existing and proposed multimodal (non-motorized) infrastructure within the X X X study area. This may include crosswalks, bus stops, designated bike parking areas, micro-transit corrals, etc. Pedestrian Analysis should address pedestrian access and circulation including the interface with bicycle and transit facilities. if if Multimodal The analysis may include pedestrian level of service analysis and requested requested Analysis should clearly define the methodology used. by CDOT by CDOT (non-motorized modes) Bicycle - Analysis should address bicycle access and circulation. if if The analysis may include bicycle level of service analysis and requested requested should clearly define the methodology used. by CDOT by CDOT Transit - Analysis should document existing and planned transit if if services servicing the development including expected frequency of service. The analysis may include transit level of service requested requested analysis and should clearly define the methodology used. by CDOT by CDOT Sight Distance - Include measured sight distance at all development access locations to the state highway, along with X X X relevant photos. Development must meet adequate sight distance Measurements requirements per SHAC Section 4.3. Clear Zone - If applicable, provide evidence of available clear if if if zones, including relative photos. applicable applicable applicable Required Roadway Improvements - Clearly summarize roadway improvements, including auxiliary lanes, required to accommodate development traffic and describe when the X X improvement should be implemented and who will be responsible for completing the improvement. Conformance to State Highway Access Code Clearly state that the recommended improvements are in compliance with all requirements set forth in the State Highway Access Code. If any X X Conclusions improvements are not in compliance, include documentation of CDOT concurrence to the variance request. Summary of Driveway Volumes - Clearly summarize the Design Hourly Volume (DHV) to be used for each required access permit. The DHV is the anticipated highest total hourly X X X traffic volume that will use the access point in the design/horizon year. Sealed Report: The Report must be Signed and Sealed by the X X Registered Colorado Professional Engineer. 7of9 0 6 COLORADO CDOT Department of Transportation Table Footnotes: 1. Refer to SHAC for determining how large a study area to include for each traffic assessment. The extent and contents of the study area depends on the location and size of the proposed development and conditions of the adjacent area and is defined in SHAC. 2. Engineering judgment should be used when selecting the proposed land use and independent variable for trip generation calculations. Note ITE guidance related to trip generation calculations: a. Use Fitted Curve Equation, when: A fitted curve equation is provided and the data plot has at least 20 data points, or A fitted curve equation is provided, the curve has an R2 of at least 0.75, the fitted curve falls within the data cluster, and the weighted standard deviation is more than 55% of the weighted average rate. b. Use Weighted Average Rate, when: The data plot has at least three data points (and preferably, six or more); The R2 value for the fitted curve is less than 0.75 or no fitted curve equation is provided; The weighted standard deviation for the average rate is less than 55% of the weighted average rate; and The weighted average rate is within data cluster in plot. C. Collect Local Data, when: Study site is not compatible with ITE Land Use Code definition; Data plot has only one or two data points (and preferably, five or fewer); The weighted standard deviation for the average rate is greater than 55% of the weighted average rate; The independent variable value is not within range of data; or Neither weighted average rate line or fitted curve is within data cluster at size of study site. 3. Some studies may need to provide separate trip-generation deliverables for passenger cars (PC) and trucks (HV). When a proposed land use is not included in the most recent version of the ITE Trip Generation Manual the traffic assessment should propose a reasonable estimate of daily and design hourly volumes. The preferred methodology is to calculate trip generation rates based on peak period counts collected at a similar facility. Wedding and special event venues may reference the memo included in Attachment C. 4. See Attachment D - CDOT Trip Generation Table Template 5. When signalized intersections are part of the study area, the applicant should request existing signal timing data to use for analysis. TIS analysis should assume cycle length consistent with the existing corridor signal operation and function, and the same yellow and all red times as in the existing timing plan. When timing plans are not available, the analyst must calculate yellow and all red clearance times using a CDOT-approved methodology or assume a minimum 5-second yellow and 3-second all-red phase. The analysis should use the same cycle length as adjacent intersections if part of a coordinated corridor or may assume a cycle length from 60 to 140 seconds at isolated intersections. If the access is proposed to have a traffic signal, or will necessitate modifications to a traffic signal, additional analysis and documentation are required per SHAC. 8of9 G 6 COLORADO CDOT Department of Transportation 6. When an intersection is adjacent to a railroad crossing, the study should include a description of train operations in the report. Ensure operations analysis accounts for the distance between crossbucks on approaches indicating the area where vehicles may not stop on tracks. If the intersection is signalized or is proposed to be signalized in the future, coordination should be made with the Region Traffic Engineer to determine if signal preemption is or will be used and if it may be incorporated into operations analysis. 7. Traffic operations analysis must use passenger car equivalent (PCE) volumes or accurately account for truck percentages in analysis. 8. At signalized intersections, all movements and the overall intersection should operate at LOS D or better in the peak hours, unless otherwise approved by CDOT prior to the TIS submittal. If LOS E and F cannot be avoided (due to long cycle lengths or other constraints agreed upon with the Region Traffic Engineer prior to TIS submittal), the operations analysis should ensure the intersection geometry can accommodate the anticipated queue and that the signal is able to process the entire queue during each cycle. 9. LOS E and F on a minor street approach at a two-way stop-controlled (TWSC) intersection should be further investigated. The developer should coordinate with the local agency if side street operations are a concern to determine the preferred course of action (no action, mitigation, etc.). Documentation of these conversations and recommended action should be included in the report. 10. Notes regarding signal warrant studies: Signal warrant studies must be attached to the TIS and must include analysis of all 9 warrants. An intersection that meets criteria for Warrant 3 (Peak Hour) or Warrant 8 (Roadway Network) must also meet at least one other warrant criteria (that is not Warrant 8 or 3) to recommend a new traffic signal unless specifically approved by the Region Traffic Engineer. Where a dedicated right-turn lane exists or is planned, right-turn volumes on applicable approaches should be reduced by 50% if turning into a shared lane or by 100% if turning into a dedicated right-turn acceleration lane. Study should indicate if the signal is warranted based on projected build-outlopen volumes or design/horizon volumes. Note that some Regions may not permit signals based on design/horizon year volumes. Note that satisfaction of a traffic signal warrant or warrants shall not in itself require the installation of a traffic signal. The final decision regarding the approval of new traffic signals lies with the Region Traffic Engineer. Attachments Appendix A. CDOT Traffic Assessment Levels (TAL) Memo Appendix B. Sample form for Traffic Study Methodology Appendix C. Example for Trip Generation and Distribution Rates Special Event Venue, Wedding Appendix D. Template for CDOT Trip Generation Table 9of9 Attachment A CDOT Levels of Traffic Assessment 0 6 COLORADO CDOT Department of Transportation CDOT Traffic Assessment Levels Section 2.3(5) of the "State Highway Access Code" (SHAC) specifies the thresholds and general requirements of at traffic impact study (TIS). A TISis required when the proposed land use will generate a Design Hourly Volume (DHV) of 100 vehicles or more, or when considered necessary or desirable by CDOT. This document is supplemental to the SHAC and describes three (3) levels of traffic assessments and the associated requirements for each. The permit applicant should contact the appropriate CDOT Region to determine the appropriate traffic assessment level and the specific requirements for each application. Level 2 and 3 traffic assessments are required to arrange a pre-application meeting to discuss requirements and agree on a proposed methodology. The contact information for CDOT Regions' access permit is listed at the end of this document. Sections below list and summarize the CDOT Traffic Assessment Levels. For guidance on the content required for each Traffic Assessment Level, refer to Table 1 in the "Traffic Assessment Guidelines" for CDOT Access Permits document. Level 1 = Trip Generation Assessment (TripGen) The purpose of a Level 1 Assessment is to document the project trip generation and to confirm if auxiliary turn lanes are not required at the proposed access point. A Level 1 Assessment is required for all projects that generate less than DHV of 10 Passenger Car Equivalents (PCEs) at both the construction and after build-out. For example, a single-family home usually generates one trip in the peak hour, SO a project with nine or fewer homes would fit into this category. Itis unlikely that any commercial or industrial development would fit into this category. Level 2 = Auxiliary Turn Lane Assessment (TurnLn) The purpose of a Level 2 Assessment is to document the project trip generation and to determine auxiliary turn lane requirements at the proposed access points within the immediate study area. The results of this assessment may reveal that no additional turn lanes are needed. The assessment may also reveal that a Traffic Impact Study is necessary (see Level 3), as determined by CDOT. It is strongly recommended that all assumptions be confirmed with the CDOT traffic engineer prior to completing the assessment. A Level 2 Assessment shall be required for all projects that generate between 10 and 99 DHV trips in the peak hour. A Professional Engineers seal is required for all traffic assessment submissions. Level 3 - Traffic Impact Study (TIS) The purpose of a Level 3 assessment or Traffic Impact Study (TIS) is to understand the full traffic impact of the proposed development, and to identify traffic mitigation measures. A TIS is required when the proposed land use will generate a DHV of 100 vehicles or more, or when considered necessary or desirable by CDOT. A Professional Engineers seal is required. Iti is strongly recommended that all assumptions be confirmed with the CDOT traffic engineer priorto completing the study. 1of2 0 6 COLORADO CDOT Department of Transportation CDOT Regions Access Permitting Contact Information: R1 access permitting (303-512-4272) teven.belterestate.cous 2829 W. Howard PL., 2nd Floor, Denver, CO 80204 R2 access permitting 719-562-5540) cdot r2 permits access@state.co.uS 5615 Wills Blvd, Suite A, Pueblo, CO 81008 R3 access permitting (970-683-6284) Bran.sllanestate.co.us 222 South Sixth St, Room 100, Grand Junction, CO 81501 R4 access permitting (970- 302-4022) timothy.bilobran@state.co.us 10601 W. 10th St., Greeley, CO 80634 R5 access oermitting (970-385-3626) cdot regionsaccesspermtts@state.co.us 3803 N. Main Ave, Suite 100, Durango, CO 81301 2of2 Attachment B Traffic Impact Study (TIS) Methodology Form COLORADO / Department of' Transportation CDOT Region 3 Transportation Impact Study Methodology Form Prior to starting a traffic impact study, a Methodology Form must be submitted for review and signed by the Region 3 Access Engineer. It shall be included as part of the study. CONTACT INFORMATION Consultant: Name: Telephone: Email: Developer/Owner Name: PROJECT INFORMATION Project Name Project Location Project Description (Attached proposed site plan) State Highway County Mile Post Posted Speed Limit TIS ASSUMPTIONS Study Years Current Year: Buildout Year: Long Term Year: Traffic Assessment Level (Provide justification) Study Intersections 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. Future Growth Rate OTIS Regional TDM Other Seasonal Adjustment Factor Page 1 COLORADO / Department of' Transportation CDOT Region 3 ASSUMPTIONS CONTINUED Project Trip Distribution (State. assumptions and attach sketch that shows individual movements.) Trip Reduction Percentage Internal Capture: Pass By: Multi-Modal: Other: Study Time Periods AM (7-9) PM (4-6) Weekday (Check all that apply) SAT (Midday) Other Existing and Proposed ITE Trip Generation Land Use Analysis Methods Synchro or HCS SimTraffic or Other (Check all that apply) (closely spaced intersections or when (isolated intersections only) known/expected queuing issue) Signal Warrants Pedestrlan/Tranat/ityce Safety/Sight Distance Queuing and Storage Other Notes and Other Assumptions Crash Data CDOT will perform a crash data analysis for the highway in the vicinity of the proposed access and provide to the consultant. As a part of the study consultant shall recommend mitigation measures for any identified safety issues. Simulation Input Files Consultant to provide computer files used for analysis with a signed and sealed copy of the study. CDOT INTERNAL USE ONLY Review Comments Revise and Resubmit Engineer Signature/Date Approved This is a sample Traffic. Assessment Methodology form intended to illustrate the items that applicants should be ready to discuss during a pre-application: meeting. Page 2 Attachment C Wedding Venue Trip Generation Rate Memo CDOT COLORADO CO Department of Transportation Region 3 Traffic and Safety DATE: January 30, 2018 FROM: Kent Harbert, CDOT Region 3 Access Engineer SUBJECT: Wedding venue trip generation and trip distribution The ITE Trip Generation Guide does not include a land use category for wedding venues. It is, therefore, desirable to establish a standard methodology to project the trip generation rates and the trip distribution assumptions. The following is proposed: Trip Generation A wedding is a single event at a pre-established time. All of the wedding party and wedding guests will be in attendance at the ceremony. Therefore, the trip generation rate will be based on the capacity of the area within the venue to be used for the ceremony. Typically, a wedding party will rent a venue with a capacity near the size of their wedding. Estimate that 75% of the venue capacity will be the typical size used for trip generation. Estimate that the wedding party and vendors represent 10% of those attending the wedding and that they arrive more than one hour before the ceremony. The remaining 90% will arrive during the one-hour period prior to the ceremony. Many of the wedding guest travel together as couples, families or groups of friends. Assume there will be 2 to 2.5 guests per vehicle. Using the above factors gives a range of 0.27 to 0.33 for the trip generation factor as a function of the venue capacity. Use an average rate of 0.30 with 100% entering. If the venue does not include a reception area use the same 0.30 rate for the exiting trips. If the venue has a reception area the exiting will be dispersed over a few hours. Use a rate of 0.12 (0.30 X 40%) for the peak hour of exiting vehicles. Trip Distribution Trip distribution for a wedding venue is not like other land uses where the traffic in one direction plus the traffic in the opposite direction totals to 100% of the design hour volume. For a wedding venue the majority of the traffic can be to and from one direction for one wedding and to and from the other direction for a different wedding. The two distributions need to be analyzed separately, not averaged. ) P 222 S. 6th Street, Room 100, Grand Junction, CO 81501-2769 P970.683.6271 F 970.683.6290 www.coloradodot.Info 37 76 Attachment D CDOT Trip Generation Table Template Table 1: Trip Generation Table Template (Project with No Proposed Trip Reductions) ITE Weekd AM Peak Hour PM Peak Hour Land Use Proposed ay LUC Size In Out Total In Out Total Daily Strip Retail Plaza (K40ksf) 822 23,000 SF 1,250 35 20 55 70 70 140 High-Turnover (Sit-Down) Restaurant 932 10,000 SF 1,070 50 45 95 55 35 90 Total Trips 2,320 85 65 150 125 105 230 Table 2: Trip Generation Template (Project with Proposed Trip Reductions) ITE Proposed Weekd AM Peak Hour PM Peak Hour Land Use ay LUC Size In Out Total In Out Total Daily Strip Retail Plaza (x40ksf) 822 23,000 SF 1,250 35 20 55 70 70 140 High-Turnover (Sit-Down) Restaurant 932 10,000 SF 1,070 50 45 95 55 35 90 Total Trips 2,320 85 65 150 125 105 230 Trip Reductions (Internal capture, linked trips, etc.) -50 -5 0 -5 -5 0 -5 Total Driveway Trips' 2,270 80 65 145 120 105 225 Pass-by Trips -850 -30 -30 -60 -40 -40 -80 Net New Trips 1,420 50 35 85 80 65 145 Operations analysis shall be performed using the total vehicular volume experienced at an access point/driveway or study intersection which includes pass-by trips. Pass-by trips should be reassigned to the access point/driveway from the adjacent roadway network as needed. These Trip Generation tables are examples. Actual project-specific trip generation and distribution data should be adequately obtained and presented similarly. Xcel SM Right of Way & Permits 1123 West 3rd Avenue Energy Denver, Colorado 80223 PUBLIC SERVICE COMPANY Telephone: April 15, 2025 Morgan County Planning and Building Department 231 Ensign / PO Box 596 Fort Morgan, CO 80701 Attn: Cheryl Brindisi, Nicole Hay, Jenafer Santos Re: Greener = 4-Lot Minor Subdivision Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the plan for Greener = 4-Lot Minor Subdivision and currently has no apparent conflict. As a safety precaution, PSCo would like to remind the developer to dial 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: - Email: NOTICE OF SPECIAL PUBLIC HEARING MORGAN COUNTY PLANNING COMMISSION APRIL 28, 2025 AT 6:00 P.M. VIRTUAL AND IN PERSON IN THE ASSEMBLY ROOM, MORGAN COUNTY ADMINISTRATIVE BUILDING, 231 ENSIGN, FORT MORGAN, COLORADO Notice is hereby given that on the date and time above (or as soon as possible following the scheduled time) and at the location above, or at such time and place as this hearing may be adjourned, the Morgan County Planning Commission will conduct public hearings on the following proposed Land Use Applications: 1.) Applicants: Timothy Bellendir and Bre Gilliland Landowner: Marva Bellendir Legal Description: A parcel of land in the NW14 of Section 10, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Also known as 22910 Co Rd 21, Fort Morgan, CO 80701. Request: A 2-Lot Minor Subdivision. The total acreage being divided into 2 Lots is 6.51 acres. Lot 1 will be 4 acres; Lot 2 will be 2.51 acres. Date of Application: February 18, 2025 2.) Applicant: Jay Greener Landowner: Buck Creek LandCO, LLC Legal Description: A parcel of land in the SE14 of Section 11, Township 2 North, Range 60 West of the 6th P.M., Morgan County, Colorado. Request: A 4-Lot Minor Subdivision. The total acreage being divided into 4 Lots is 24.43 acres. Lot 1 will be 3.46 acres, Lot 2 will be 8 acres, Lot 3 will be 7.23 acres and Lot 4 will be 5.74 acres. Date of Application: February 18, 2025 THE COUNTY WILL CONTINUE TO OFFER THE OPTION TO ATTEND MEETINGS REMOTELY. IF YOU HAVE ANY QUESTIONS REGARDING ATTENDING THE MEETING, PLEASE CONTACT THE PLANNING OFFICES AT 970-542-3526. To participate remotely you may connect via Zoom at: htps/As2web.zcom.us/8945385960 Join via audio: +1 719 359 4580 US Webinar ID: 893 4538 5960 Documents pertaining to the above identified matters are on file in the Planning Administrator' S Office, 231 Ensign St., Fort Morgan, Colorado. Twenty-four hours prior to the meeting, the Planning Commission meeting packet is available here: ogancoamycolomdogow At time of the meeting an opportunity will be given for presentation of evidence in support of or in opposition to the application. Nicoke Hay Nicole Hay Morgan County Planning Administrator Posted to website: April 14, 2025 For special assistance for the mentioned hearing, please notify us at least 48 hours before the scheduled agenda item. Please call (970) 542-3526 to request any ADA accommodations. The above sign was posted on 41151205 (date) pursuant to the Morgan County Zoning Resolution by (name of applicant) BUCK CrcE Lseac 0002 Project name and Immbuner S 2025- Signature of. APploam/Reprusentuative K - 4 nfanspn. LILIANA LOPEZLOPEZ STATE OF COLORADO) NOTARY PUBLIC SS. STATE OF COLORADO NOTARY ID: 20244009382 COUNTY OF MORGAN) MYC COMMISSIONE EXPIRES 03/05/2028 Signed before me this date: April 15,a0a5 My Commission expires: 03/05/3038 NOTARIZED BY: Ome RfR N MIKIC : MKI AINSCE uni 4 VAINK 3X3 o ne a Key UAD I u In i - 5 above 4 The sign was posted on (date). to the 1s/702 pursuant Morgan County Zoning Resolution by (name of applicant) DuCk Crelic Laguc 0002 Project name and number: Goepms fozs- Signature of Aplicean/Reprusentamtive: PManss STATE OF COLORADO) LILIANA NOTARY LOPEZ LOPEZ PUBLIC / SS. STATE OF COLORADO COUNTY OF MORGAN) MYO COMMISSIONE NOTARY ID. EXPIRESO 20244009382 03/05/2028 Signed before me this date: Aprl 15,808 5 My Commission expires: 03/os/a068 NOTARIZED BYr a anoppe DIRITAIIE E 3a D