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Home My WebLink About20121424.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Weld County Case Number USR12-0008 Submitted or Prepared Prior to At Hearing Hearing I PC Exhibits X Letter from Marty Mathews who is a surrounding property owner 2 Planning Commission&BoCC Sign posting affidavit X 1 hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. • [ _ Tom Parko • Planning Manager • 2o'a-W )-I RECEIVED MAR 2 7 9n1s • Weld County Department GREELEY JFFfCE ivy,q�Tj w 3 ab'lam AkiisAk l.-p--Tan c o b04.406 V06.5(-- 610 _ 7004 P 3os 455 ASS /0-47zi de cE-rvim A fps% CAr.-D;7 /U uc cl� � GD c ,A7y's Dscts-0), .71) Porcr A add 4-trtfi — ce 771' 9. 2 4 / Nr/7 Q 0 47 f/7&1) Cv01,10 Roe" / k44 in:T Sere- q Sao Dcwr ± ClAtAry y -T 411 z- ,vJ ,ess,s-e� y 144-4,17-7 Life. 44 /141r- -P4-e ix c_fyia ncaI 3 .4, c nciA Ctrs z9 /t $i/ eq- e OK- Mt/s/Zcl�1�i—4..(iIc z_ " rf c gcsr a 1 Li, a6t N-b /7f 0197 LE CI-47-7(Y) r G024e. PAC/ 73 /14-(41-�/2 0“1:i y ( C'g2/Ui -:6 -('Ctt - Ard gpa !z CLi -IRIS l ocATLsm • EXHIBIT I 1 g /O14 USEIZ-COOS' 2012-1424 145141 - voo & 0 PUBLIC WORKS DEPARTMENT • r VED 1111 H Street, P.O. Box 758 �w Greeley, Colorado 80632 T, fire t. 2C12 Website: Www.Co.Weld.Co.Us ' vepartment Phone (970) 356-4000, Ext. 3750 JNeld ®Coumy .G 0_.N-7--C GREELEY OFFICEs Fax: (970) 304-6497 February 27, 2012 Martin Gutierrez 7717 County Road 31 Fort Lupton, CO 80621 Dear Mr. Gutierrez: This letter is to notify adjacent property owners to the west of the Fort Lupton Grader Shed site that Weld County plans to install a 300-foot communication tower for emergency services, law enforcement, and homeland security on the county grader shed property. The reason for this notification is that a part of your property will be in the potential fall zone of the emergency ommunicatibns tower. Weld County Planning Works Department requires that all adjacent landowners be notified. The communication tower is designed to collapse and not tip over, but Weld County Public Works is contacting all property owner located in the fall zone to acquire an easement agreement on your property. Please acknowledge that you have been notified of the fall zone by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. A yellow Planning Commission/BOCC Hearing notice will be posted on this Weld County property; that sign will give the date and time of public hearings regarding this proposed project. Written comments may also be submitted to the Weld County Planning Department. Sincerely, Donald Carroll Engineering Administrator ACKNOWLEDGEMENT: ( ( ic--ICE-2- a_16:1p_± ' •liu tie? FY Print name �; 7 Date/ Print name Date • Signature 2' Signature M:\PLANNING—DEVELOPMENT REVIEW\Comm Towers\Fort Lupton\Gutierrez-Fulton Ditch1.docx • FALL ZONE EASEMENT THIS EASEMENT is entered into this day of , 2012, by and between Martin Gutierrez ("Landowner") and Weld County Government ("County"). WHEREAS, Landowner and County entered into that certain Easement for Communications Tower System dated 2012 (the "Tower Easement"); and WHEREAS, pursuant to the Tower Easement, County intends to erect a 300 foot communications tower (the "Tower")on the property which is the subject of the Tower Easement and which is more particularly described as: Part of Section 28, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado (the "Property") and more particularly described on Exhibit A, attached hereto; WHEREAS, the parties hereby acknowledge that in the event the Communications Tower to be constructed on the Property collapses, the fall zone for the Tower may include property owned by Landowner outside of the boundaries of the Property; and WHEREAS, the parties seek to define their rights and obligations in the event of a collapse of the Tower. WHEREFORE, for good and valuable consideration, the receipt and sufficiency of which • is hereby acknowledged, the parties agree as follows: 1. Landowner grants to County an easement to accommodate the fall zone of the Tower on the PT E2 (Lot B RE 3375) of Section 28, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado (the Fall Zone Easement), as shown in Exhibit B. 2. In the event the Tower collapses in the Fall Zone Easement, County, at County's sole cost and expense, agrees to remove that portion of the Tower within the Fall Zone Easement within sixty (60) days of the collapse of the Tower. County shall restore any land of Landowner within the Fall Zone Easement affected by the collapse of the Tower to the condition it was in prior to the collapse of the Tower. 3. To the extent legally permissible, County shall indemnify Landowner, its partners, agents, successors and assigns, and hold Landowner, its partners, agents, successors and assigns, harmless against any claim of liability or loss from personal injury or property damage, not due to the negligence or willful misconduct of Landowner or Landowner's agents, which may arise from the collapse of the Tower. 4. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Colorado. S rr. 5. This Agreement may be executed in two or more counterparts, each of which • shall be deemed an original but all of which together shall constitute one and the same instrument. 6. This Agreement represents the complete agreement between the parties and prior agreements or terms which are not set forth herein are not part of this agreement. Entered into that date first set forth above. • MARTIN GUTI RREZ y: Martin Gutierr z ATTEST: WELD COUNTY, COLORADO • BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Clerk to the Board By: Sean P. Conway, Chair • M:\PLANNING—DEVELOPMENT REVIEW\Comm Towers\Fort Lupton\FALL ZONE EASEMENT-Gutierrez.docx 40D February 10, 2012 Martin Gutierrez 7717 County Road 31 Fort Lupton, CO 80621 Dear Mr. Gutierrez: This letter is to notify adjacent property owners to the west of the Fort Lupton Grader Shed site that Weld County plans to install a 300-foot communication tower for emergency services, law enforcement, and homeland security on the county grader shed property. The reason for this notification is that a part of your property will be in the potential fall zone of the emergency communications tower.Weld County Planning Works Department requires that all adjacent landowners be notified. The communication tower is designed to collapse and not tip over, but Weld County Public Works is contacting all property owner located in the fall zone to acquire an easement agreement on your property. Please acknowledge that you have been notified of the fall zone by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. A yellow Planning Commission/BOCC Hearing notice will be posted on this Weld County property;that sign will give the date and time of public hearings regarding this proposed project.Written comments may also be submitted to the Weld County Planning Department. Sincerely, ACKNOWLEDGEMENT: Print name Date Print name Date Signature Signature a MAPLANNING-DEVELOPMENT REVIEW\Correspondence\Gutierrez-Fulton Ditchl.docx RECEIVED MAR 0 8 2m7 Weld County Department lel • GREELEY OFFICE 64, SENSE': CeM•LETETHISSECTI•N C•r;;v�eTETHISSECn•N•N .er_ve•v A. • Complete items 1,2,and 3.Also complete SI 9nature item 4 if Restricted Delivery Is desired. � ❑Agent • Print your name and address on the reverse �� .L. .,. _ r Addres so that we can return the card to you. B. Received by(Pd :) . •ate of Deily • Attach this card to the back of the mailpiece, ��j or on the front if space permits. '� * ! . ' !' ` '. D. Is delivery address d--= : from item 1? ❑Yes 1. Article Addressed to: if YES,enter delivery address below: O No MARTIN GUTIERREZ 7717 COUNTY ROAD 31 • FORT LUPTON CO 80621 3. Service Type fCerefled Mail O Express Mall ❑Registered D¢ietum Receipt for Merchant ❑Insured Mall ❑C.O.D. S 4. Restricted Delivery?(Edna Fee) ❑Yes 2. Article Number 7008 3230 0000 0473 8016 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M- February 10, 2012 Fulton Highline Ditch Co 13519 County Road 18.5 Fort Lupton CO 80621 To whom it may concern: This letter is to notify adjacent property owners to the west of the Fort Lupton Grader Shed site that Weld County plans to install a 300-foot communication tower for emergency services, law enforcement, and Homeland Security on the County grader shed property. The reason for this notification is that the Fulton Ditch lies in the potential fall zone of the emergency communications tower. Weld County Planning Department requires that all land/ditch owners be notified. The communication tower is designed to collapse and not tip over, but Weld County Public Works is contacting all land/ditch owner located in the potential fall zone to acquire an easement across the land/ditch property. Please acknowledge that you have been notified of the fall zone by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. A yellow Planning Commission/BOCC Hearing notice will be posted on this Weld County property;that sign will give the date and times of public hearing regarding this proposed project.Written comments may also be submitted to the Weld County Planning Department. Sincerely, ACKNOWLEDGEMENT: Print name Date Print name Date Signature Signature M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\Gutierrez-Fulton Ditcht.docx • • SEN•E':CrM LETE THISSECTI•N CrM LETE THIS SECTI•N•N•ELIVE V •Complete Items 1,2,and 3.Also complete A Si••y re O Agent address Item 4 If Restricted is desired. X C(4. 0 0... O Addressee •Print your name and address on the reverse * so that we can return the card to you. :.:Ived. (Pd r Name rate f Delivery •Attach this card to the back of the mailpiece, 'I a V Z pj Z or on the front if space permits. .D.lad: : address different from item 1? Oyes 1.Article Addressed to: If YES,enter delivery address below: O No FULTON HIGHLINE DITCH CO 13519 COUNTY ROAD 18.5 FORT LUPTON CO 80621 3.Service Type Mere-fled Mall 0 Express Mail 0 Registered cJ,ietum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4.Restricted Delivery?(Extra Fee) 0 Yes 2.Article Number 7008 3230 0000 0473 8023 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154 • • Hello