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Home My WebLink About20103124.tiff DEPARTMENT OF PLANNING SERVICES Wl`DC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Tsunami Communications, Inc. RE-5060 Planner: Kim Ogle do The Town of Firestone-- Chris Messersmith Legal Part of the NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO. Description: Parcel ID#: 1311-33-0-00-037 Lot A Size: 1.29 +/-acres Lot B Size: 46.7 +/-acres Water No Water Sewer System: No Septic Source: Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. AeL%--1jM, arc .3/_ / Comment: The Town of Firestone was approved for two 1.5 million gallon water tanks (USR-1555) on a parcel of land created by Subdivision Exemption (SE-1118) for a Major Facility of a Public Utility or Public Agency on May 16, 2006. The Town is requesting a Recorded Exemption on the parcel that presently has a 1.5 million gallon water tank on site. This is an unmanned facility and requires no water or sanitary service. 1. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1311-33-2 RE-5060 B. Lots A and B shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. A 30 foot wide joint access and utility easement, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2 and per Reception No. 3349059 granting an access and utility easement for both parcels. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. County Road 17 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. The applicant shall attempt to address the requirements (concerns) of Xcel Energy, as stated in the referral response dated November 11, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permit, the applicant shall submit evidence of approval from the Frederick-Firestone Fire Protection District to the Weld County Building Department. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 8) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 9) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Servicess Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(Wco.weld.co.us. 5. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to • meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date November 16, 2010 Kim Ogle ❑ Planner • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970-304-6498 Date: ( � , / 20 Receipt No. 157 , Received From: , Permit Type No. Description Fee 4221-RFC/ E 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH1ICHECK NO. ! ❑CREDIT CARD TOTAL FEE " ' Receipted By.. ;, /(; DL# ,- Exp. Kim Ogle From: Kim Ogle Sent: Monday, January 31, 2011 9:09 AM To: 'cmessersmith@ccginc.us' Subject: RE: 0668.0128.02 TSSP, Recorded Exemption Mylars Good morning Staff will be working with the Recorders office on this request. Should an issue arise, Weld County will contact your office. From: Chris Messersmith fmailto:cmessersmith@ccginc.usj Sent: Monday, January 31, 2011 9:03 AM To: Kim Ogle Subject: 0668.0128.02 TSSP, Recorded Exemption Mylars Hi Kim, David from my office dropped off the signed RE-5059 and RE-5060 mylars at the end of last week. I included two originals of each recorded exemption so the Town could get an original mylar for their records. This is the same procedure that the Town follows for annexations, plats, etc. Is there anything I need to do to ensure that the second set of mylars get back to the Town of Firestone? Thanks again for your help, Chris CCG Chris E. Messersmith, P.E. Colorado Civil Group, Inc. 1413 West 29th Street Loveland, CO 80538 www.ccginc.us p: 970.278.0029 x 103 c: 970.980.5497 cmessersmith@ccginc.us 1 , .. .. s 'a._ i� , 4, COLORADO CIVIL GROUP, INC. Engineering Consultants l� a el l.+ 411‘./ COLORADO CIVIL GROUP, INC. To: Mr. Kim Ogle Engineering Consultants Planner III Weld County Planning Department Chris E.Messersmith,RE. 1 555 N 171h Avenue 1413W.29th Street P;g7p_278-0029 Greeley, CO 80631 Loveland,C080538 www.ccginc.us cmessersmith@ccginc.us Project Name: Tank Site Subdivision Plat Date: January 26, 2011 Project Number: 0668.0128.02 Re: Recorded Exemptions Quantity Item Description 2 mylar Recorded Exemption RE-5059 2 mylar Recorded Exemption RE-5060 Remarks: Hi Kim, Included with this transmittal are two mylars of each Recorded Exemption. One original for Weld County and one original for the Town of Firestone. Please have the appropriate person(s) sign and notarize each copy, if applicable. If you would please let me know when they are signed, I will come by, pick them up, and have them recorded with the Weld County Clerk. Feel free to give me call if you have any questions or comments. Thanks again for all of your help. Sincerely, By: Chris E. Messersmith, P.E. CC To: File COLORADO CIVIL GROUP, INC. o 1413 W. 29th Street o Loveland, Colorado 80538 o 970-278-0029 • DEPARTMENT OF PLANNING SERVICES 46 . 1555 N 17th AVE GREELEY, CO 80631 1� ' PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 COLORADO October 11, 2010 Citicasters Company do Town of Firestone Attn: Chris Messersmith PO Box 100 Firestone CO 80520 Subject: RE-5060 - A Recorded Exemption located on a parcel of land described as Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick, Mead and Platteville Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick, Mead and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at 303-833-3291, Frederick at 720-382-5500, Mead at 970-535-4477, and Platteville at 970-785-2245, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed byof isRanslem _I�.yR-(i(lYrJl - Reason: signe the yKristne document Location:1555 N 17th Ave Date:2010.10.11 13:41:18-06'00' Kim Ogle Planner crt" wage, APPLICATION FLOW SHEET COLORADO APPLICANT: TOWN OF FIRESTONE CASE # RE-5059/ RE-5060 REQUEST: TWO LOT RECORDED EXEMPTION LEGAL: PART NW4 33-2-67 LOCATION: 0.5 MILE NORTH OF CR 14, EAST OF AND ADJACNET TO CR 17 PARCEL ID#: 1311-33-0-00-037 ACRES: 48 Date By Application Received 10-7-2010 Parko-Martin Application Completed 10-11-2010 Ogle Referrals listed Vicinity map prepared File assembled ID1/1 I'D { . Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: CI?ACA Qhte t ik, to (to Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed . '! , /L r i-2}111)1 Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No x Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ Panel #080266 Road Impact x • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 1 1 _ 3 3 _ 0 _ 0 0 _ 0 3 7 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co us) Legal Description Part of the NW/4 of , Section 33 , Township2 North, Range67 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X .No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? YesX No FEE OWNER(S)OF THE PROPERTY: Name: Citicasters Co.c/o Clear Channel Communications Work Phone# N/A Home Phone#N/A Email Address N/A Address:200 E.Basse Road City/State/Zip Code San Antonio,Texas 78209 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name:Town of Firestone Attn:Chris Messersmith Work Phone# (970)278-0029 Home Phone#N/A Email Address cmessersmith@ccginc.us Address: 151 Grant Avenue(P.O.Box 100) City/State/Zip Code Firestone,CO 80520 Lot A Lot B Lot C Lot D Smaller Parcel Water Source N/A N/A Type of Sewer N/A N/A Proposed Use Water Tank Existing Radio Tower Acreage 1.29 46.71 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: *tip t NoeOV%o (7,e/7 No 4 key(.2a C i • If the property is vacant or unimproved wnte proposed water source and propose sewer system fore parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our •owledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a lett:r o authorization from all fee owners must be included with the application. If a corporation is the fee owner, no evide c must be included showing the signatory has the legal authority to sign for the corporation. /.� Sv) )o)tII) Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date I4( IlL I RECORDED-EXEMPTION (RE) SUBMITTAL CKLIST APPLICATION REQUIREMENTS: X One original recorded exemption application form plus three copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation - documentation indicating that the person signing is authorized (officer of the corporation) to sign the application. X One original completed Recorded Exemption questionnaire plus three copies. NSA One digital or electronic copy of completed application materials, if required X One legible 8-1/2" by 11" map drawn to include the following items plus three copies. TIC North arrow GY Estimated boundary of the property D' All existing and proposed lots (including approximate size in acres) 3 Easements and/or rights-of-way 9� Existing roads/highways abutting the property O' All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics X One original Weld County Road Access Information Sheet plus one copy. Clearly indicate all existing and proposed accesses(residential, agricultural, oil and gas, ditch, etc). X One copy of a legible deed or legal instrument identifying the applicant's interest in the property. NSA Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing service or availability of water service to each proposed lot. If using a well, please complete the attached Water Supply Information Summary. NA Two copies of any existing septic system permit(s) on each lot or one copy of a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each proposed lot. X One original Certificate of Conveyance (COC) form and all attachments provided by the title company. X One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. NVA One original Acreage Waiver form, if applicable. • X Application fees Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - one original of the following; application, questionnaire, map, Road Access Info Sheet, one copy of deed, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit, one original COC and any attachments, one Weld County Treasurers Tax Statement, one Acreage Waiver form (if applicable). Packet 2 will contain -one copy of the following; application, questionnaire, map, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit. Packet 3 will contain - one copy of the following; application, questionnaire, map, one copy Road Access Info sheet. Packet 4 will contain -one copy of the following; application, questionnaire, map. updated 08-01-09 -1- FIRESTONE October 4, 2010 A COMMUNITY IN MOTION Mr. Kim Ogle Planner III Weld County Planning and Building Department 1555 N 17th Avenue Greeley, CO 80631 Re: Town of Firestone- Tank Site Recorded Exemptions Project No. 0668.0128.02 Dear Mr. Ogle, The purpose of this letter is identify the items included with the two Recorded Exemption submittal packages (RE-1 and RE-2) for the Town of Firestone tank site. Both RE submittal packages include the following documents: 1. One original recorded exemption application plus three copies. Because the property is owned by a corporation, a letter from has been included indicating that Mr. Chad Dan is authorized to sign the application on behalf of the corporation. 2. One original completed Recorded Exemption questionnaire plus three copies. 3. One electronic copy of the submittal materials was not included per your email response dated April 29, 2010. 4. One legible 8 '/" x 11" map including the requested items plus three copies. 5. One original Weld County Road Access Information Sheet plus one copy. 6. One copy of a legible deed identifying the applicant's interest in the party. 7. A letter from the water district or municipality was not included per your email response dated April 29, 2010. This item is also addressed on the Recorded Exemption questionnaire. 8. Sewer service or septic system information was not included per your email response dated April 29, 2010. This item is also addressed on the Recorded Exemption questionnaire. 9. One original Certificate of Conveyance (COC) with all attachments. 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 10. One copy of the statement from the Weld County Treasurer. 11. One original Acreage Waiver Form was not included per your email response dated April 29, 2010. 12. The application fees of$2,000.00 (2 x $1,000.00) total have been included on a single check per your email dated May 19, 2010. If you have any questions or comments regarding the Recorded Exemption submittal packages, please do not hesitate to contact me. Sincerely, 6/. Chris E. Messersmith, P.E. Town Engineer cc: Mr. Wes LaVanchy, Town Manager par CLEARCHANNEL 4695 South Monaco Street Denver, CO 80237 June 14, 2010 Weld County Planning and Building Department 1555 N 17th Avenue Greeley, CO 80631 Re: Town of Firestone— Tank Site Recorded Exemptions To Whom It May Concern: This letter serves as official notification that Chad Dan, Vice President — Real Estate of Clear Channel, is an officer of the corporation and authorized to sign the attached application on behalf of Citicasters Co. Sincerely, "Dia Jack Lambiotte Director of Engineering Clear Channel Denver 303-525-7007 •. 4 a 14O1A4 `•% /f { � j �,� ': PUBLIC = / / �(�(li L- l(,C �C� U iiOF Cotl ryv�NN twoEames • • RECORDED EXEMPTION (RE) QUESTIONNAIRE - RE-1 1. Water Supply: a. Domestic Use: Recorded Exemption Lot A has an existing Town of Firestone 1.5 million gallon (MG) water tank that is filled by a Central Weld County Water District (CWCWD) master meter located on the same lot. The Town supplies water to its customers through a water line located within the W.C.R. 17 right-of-way. Recorded Exemption Lot B does not have a domestic water service. There is no consumptive use of domestic water on either lot. b. Irrigation Water: Recorded Exemption Lot A to be owned by the Town of Firestone does not have any irrigation water rights. Any irrigation water rights attached to Recorded Exemption Lot B will not be affected. 2. Sewage Disposal: There is no sewage generated on Recorded Exemption Lots A or B and the disposal of sewage will not be necessary. 3. Property Use: Recorded Exemption Lot A has an existing Town of Firestone 1.5 MG water tank, below ground pump station, CWCWD master meter, and security fence. Recorded Exemption Lot B has an existing radio tower and one oil &gas facility located west of the radio tower. 4. Property Size and Location: Recorded Exemption Lot A is 1.29 acres along the westerly boundary of the property near W.C.R. 17. Recorded Exemption Lot A has an existing Town of Firestone 1.5 MG water tank, below ground pump station, and CWCWD master meter. The present and future use of Lot A will be the same. Recorded Exemption Lot B is 46.71 acres and is the residual portion of the property. Lot B has an existing radio tower. The present and future use of Lot B is anticipated to be the same. 5. Physical Characteristics: Recorded Exemption Lots A and B are at or near the highest elevation in the vicinity. Both lots are primarily covered in native vegetation. 6. No building envelopes are requested. 7. Business/Use by Special Review: USR-1555 for the existing Town of Firestone 1.5 MG water tank will remain for Recorded Exemption Lot A. USR-776 (partial vacation to exclude Lot A) for the radio tower will remain for Recorded Exemption Lot B. • • RE SD400 Cit. Weld County Public Works Dept. 1111HStreet ACCESS PERMIT P.O. Box 758 APPLICATION FORM reeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Property Owner(If different than Applicant) Applicant II Name-ILL, N.1 Avg.. ComHv.t si cc.-1"^^ Name�ow w 5+ Company I'Gr,:s 1--{F4Sov5 OA.t7t+ ( atr,i) Address 4(. R.S 5 . Lik ou Sea Sr. Address IS1 ("Rahn Auc. City`DE`kl u£R Statec°o Zip 602-3 1 I Citylsra 1 Staten? Zip 90520 Phone �Feyvsa Business Phone R-10 a•�8 007-2 X log Fax E-mail / Fax ✓ • E-mail Cr' G"SkCtH ) C Ceti 1hC. 'a A Existing Access A=Proposed Access 0 WELL Parcel Location&Sketch I The access is on WCR I Nearest Intersection:WCR 11 &WCR IL wcR Ito Distance from Intersection lh, wv t In IV Parcel Number 12, 11 3% 0 0 00 3-1 r Section/Township/Range 33 - a. —C.'1 t 3p0 ® 3 3v- Lot N • Is there an existing access to the property? YES NO a Number of Existing Accesses �- Road Surface T e&Construction Information WCR Asphalt_ Gravel `( Treated — Other Culvert Size &Type Materials used to construct Access Construction Start Date Finish Date Proposed Use ❑ Industrial/$150 (Tracking Pad Required)/$75 o Single Residential/$75 o Temporary o Subdivision/$150 o Small Commercial or Oil &Gas/$75 o Large Commercial/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No ❑ USR gif RE ❑ PUD o Other Re uired Attached Documents -Traffic Control Plan -Certificate of Insurance T-Access- - Pictures ur1ees(From the Left, Right,&into the access) �is 11 ovL� -,,,,,,,A, — L Io rc I ` s aE- -I-a-r A �� Byaccepting cS7nJ� RCGe SSof By this permit,the undersigned Applicant,under penalty perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 awl:A Weld County Public Its Dept. wsw 1111HStreet ACCESS PERMIT .0 .t fr co P.O. Box 758 GAL w Qc Greeley, Co 80632 APPLICATION FORM </C WO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner (If different than Applicant) Name CNRI3 /4c55[85.v1rN Name Crrtc4S1ms Co. - CN4D 043 Company 1044 OF FIRisro4c Address 200 E. 345st Romp Address 151 Eia+.T A4t oc (F.o, Goy WO) City SAN A nom to State Tx Zip 7820 City FRc Pro a7 State CO Zip 80520 Phone (210) 83Z• 33I'} Business Phone (9a0') 21B• 0021 x 103 Fax N/A Fax N/A E-mail Ck4404,1 e cicarch4n,vcL co04 E-mail C nit 5str sot;4lit irlc.o3 A= Existing Access A=Proposed Access Parcel Location&Sketch The access is on WCR 1� Nearest Intersection:WCR &WCR I6 WCR I/o Distance from Intersection I,11O (4. South F I l Parcel Number 1311- 33-0 - 00. 03? RE- z Section/Township/Range 33'214 I GIW 'l 21 Is there an existing access to the property? ES NO A cc 05 ��M IT l J Number of Existing Accesses I COG C I� Road Surface Type&Construction Information Asphalt_ Gravel )C Treated Other _ Culvert Size &Type N/A Materials used to construct Access C1rtsJEL l E%IS7mos' Construction Start Date NSA Finish Date N/A Proposed Use NiA o Temporary (Tracking Pad Required)/$75 ❑ Single o Small Commercial or Oil &Gas/$75 o Large Commercial/$150 o Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No ❑ USR yl RE o PUD ❑Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws regarding facilities construction./Signature r�/g• 7 Printed Name Cams AiESst-,tc%! i4 Date /O/s//O Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 • _ I 1 ,r •r . 7 ..� I. - ._-.. _ L '..�.A k- -.STi SL .. N - - - 1 Existing Access — Looking Southeast Existing Access — Looking North o kIF 1 Existing Access — Looking East Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0022588 Parcel#: 131133000037 Tax Area: 2281 Bordering County: Acres: 48.42 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 02 - 67 - 33 - 0 - - Owners Name &Address: Property Address: TSUNAMI COMMUNICATION INC Street: 6800 17 CR 4695 SOUTH MONACO ST City: WELD DENVER, CO 80237 Business/Complex: USR 1555 Sales Summary Sale Date Sale Price Deed Type Reception # 6/9/1994 $650,000 02392815 Legal Description 21097-B PT NW4 33 2 67 BEG AT THE W4 COR OF SEC 33 N98D24'E 180'TO TRUE POB N1500' N89D24'E 935' S32D41'E 1416.40' 5300' S89D24'W 1700'TO TRUE POB (IMPS ONLY #0035193 WESTERN CITIES BROADCASTIN CO) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Commercial 2135 Acres 10 Agricultural 4127 Acres 38.42 Land Subtotal: 48.42 $151,641 $43,980 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Commercial 2 Commercial 3 Commercial 4 Commercial Improvements Subtotal: $160,422 $46,520 Total Property Value $312,063 $90,500 Building Details Account#: R0022588 Parcel#: 131133000037 Owners Name&Address: Property Address: TSUNAMI COMMUNICATION INC Street: 6800 17 CR 4695 SOUTH MONACO ST City: WELD DENVER, CO 80237 Building# Prc.ptrty Type 1 Commercial http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1311... 10/10/2010 Identify Results • • Page 2 of 3 Individual Built As Detail Built As: Storage Warehouse Year Built: 1987 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 315 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0022588 Parcel#: 131133000037 Owners Name &Address: Property Address: TSUNAMI COMMUNICATION INC Street: 6800 17 CR 4695 SOUTH MONACO ST City: WELD DENVER, CO 80237 Building# Property Type 2 Commercial Individual Built As Detail Built As: Fenced Lot *Code Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0022588 Parcel#: 131133000037 Qwngs Name&Address: Property Addlress: TSUNAMI COMMUNICATION INC Street: 6800 17 CR 4695 SOUTH MONACO ST City: WELD DENVER, CO 80237 Building# Property Type 3 Commercial Individual Built As Detail Built As: Storage Warehouse Year Built: 1995 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1234 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1311... 10/10/2010 Identify Results • • Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: Account#: R0022588 Parcel#: 131133000037 Owners Name &Address: Property Address: TSUNAMI COMMUNICATION INC Street: 6800 17 CR 4695 SOUTH MONACO ST City: WELD DENVER, CO 80237 Building# Property Time 4 Commercial Individual Built As Detail Built As: Comm Shed - Utility Year Built: 1992 Exterior: HVAC: Package Unit Interior Finish: Built As SQ Ft: 435 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1311... 10/10/2010 • • Weld County Treasurer Statement of Taxes Due Account Number R0022588 Parcel 131133000037 Legal Description Situs Address 21097-B PT NW4 33 2 67 BEG AT THE W4 COR OF SEC 33 N98D24'E 180'TO TRUE POB 6800 17 CR FORT LUPTON N1500'N89D24'E 935'S32D41'E 1416.40'5300'S89D24'W 1700'TO TRUE POB(IMPS 806210000 ONLY#0035193 WESTERN CITIES BROADCASTIN CO) Account: R0022588 TSUNAMI COMMUNICATION INC 4695 SOUTH MONACO ST DENVER,CO 80237 Year Charges Billed Payments Balance 2009 Tax $5,209.36 $5,209.36 $0.00 Grand Total Due as of 10/04/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 2281-2281 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $1,520.78 WAREHOUSE/STOR $150,000 $43,500 SCHOOL DIST REa 22.2000000 $2,009.09 AGE-LAND SPEC.PURPOSE- $125,422 $36,370 NORTHERN COLORADO WATER 1.0000000 $90.50 IMPROVEMENTS (NC FORT LUPTON FIRE 6.1120000 $553.13 WAREHOUSE/STOR $35,000 $10,150 AGE-IMPS. FORT LUPTON FIRE(BOND 2022 1.8790000 $170.05 AG-DRY FARM LAND $1,641 $480 AIMS JUNIOR COLLEGE 6.3120000 $571.24 HIGH PLAINS LIBRARY 3.2550000 $294.57 Total $312,063 $90,500 Taxes Billed 2009 57.5620000 $5,209.36 'Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 REFERRAL LIST Name: Town of Firestone Case#: RE-5060 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans x Frederick _Airport Authority x Firestone _Galeton F-6 x Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance x Frederick _Johnstown F-8 _ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest x Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission x Mead Wiggins F-18 _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer x South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce x Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont Windsor _Brighton/SE Weld _Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x Kerr-McGee/Anadarko _USDA-APHIS Vet Service x CWCWD Federal Aviation Admin (Structures x Public Service CO over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _x _Federal Communications Comm Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 11, 2010 3:04 PM To: Bethany Salzman; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'Joyce Wallace'; 'nikki.shears@fcc.gov'; 'brucenickerson@me.com'; 'Rebecca Toberman'; 'Jennifer Simmons'; 'Dan Dean'; 'Troy Renken'; 'sbutherus@kbnengineers.com'; 'Barbara Cole'; 'Leah Heneger'; 'De Rose, Bobbi'; 'jodi@cwcwd.com'; 'roxanne@cwcwd.com'; 'donna.l.george@xcelenergy.com'; 'dpuccetti@fffd.us'; 'Ipenfold@mvfpd.org' Subject: RE-5060 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5060) in which we ask that you review the attached material and send a referral to us by November 11, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogleco.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! KrktLwe RP sLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 11, 2010 3:00 PM To: 'cmessersmith@ccginc.us' Subject: Case RE-5059 and Re-5060 Attachments: Applicant letter.pdf; Applicant letter.pdf Please see the attached letters. If you have any questions, please let us know. Thank you! KrLsti,in.e RGiwsLevw Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 t 0 -VV y Referral C. 2010 ctober 11 COLORADO OCT 12 2010 HI The Weld County Department of Planning Services s,rppq�y,e,cj,$hg tpupvain i.em for review: Applicant Town of Firestone Case Number RE-5060 Please Reply By November 11, 2010 Planner i Kim Ogle Project I Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Pree attached letter Please notify me of any public hearings regarding this request. Comments: Signature Date /I- . 1e Agency —p Lc/.{��' Weld County Planning Dept. 4.1555 N 1T"Ave, Greeley, CO. 80631 4(970)353-6100 ext.3540 •:-(970)304-6498 fax Weld County Planning Department GREELEY OFFICE Kitto:6 :1 d MEMORANDUM " vt7.""' VIVED TO: Kim Ogle, Planning Services DATE: November' 1, 2020 FROM: Donald Carroll, Engineering Administrator f:Q/7f/ COLORADO SUBJECT: RE-5060, Town of Firestone The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Functional Classification Map: (April 2010) WCR 17 and WCR 16 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Utilize the existing access to this parcel. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot B) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. Both Lots A and B shall share a joint access point. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The applicant shall place on the plat drawing: 30-foot access easement across Lot A for the benefit of Lot B on case RE-5060. pc: RE-5060 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5060\RE-5060.doex Memorandum TO: Kim Ogle, W.C. Planning ik DATE: November 8, 2010 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5060 NAME: Town of Firestone Environmental Health Services has reviewed this proposal to exempt 1.29 acres from a 48 acre site. Proposed lot A will consist of 1.29 acres and a 1.5 million gallon water tank is located on the parcel. Proposed lot B will consist of 46.7 acres and a radio tower is located on the property. As no employees will be located at either site, permanent water and sewer are not required. This Department has no objections to this request. • • Submit by Email Print Form CWeld County Referral October 11 , 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone Case Number RE-5060 Please Reply By November 11, 2010 Planner Kim Ogle Project I Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan El We have reviewed the request and find no conflicts with our interests. El See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer under the above parcel number and property owner, no ACTIVE violations were noted. Signature Date 10/11/2010 Agency oning Complianc fficer +Weld County Planning Dept. +1555 N 17" Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 3(970)304-6498 fax • • DEPARTMENT F PLANNING SERVICES 1555 N. 17th GREELEY, COLORADO 80631 PHONE: (970) 353-6100, EXT. 3540 FAX: (970) 304-6498 COLORADO Date: October 27, 2010 Applicant: Town of Firestone Project: Two-Lot Recorded Exemption Case Number: RE- 5060 Parcel Number: 1311 33 000037 1. Applicant's statement indicates there will be no construction on site .Based on the information supplied; no building permits will be required. Regards, Ken Swanson Building Official Weld County Building Department (970) 353-6100 ext. 3548 10/12/2010 TUE 8: 15 FAX ®002/002 • • Submit by Email,'i S Print Form cr(1.;;) i Weld County Referral C•111 October 11 , 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone Case Number RE-5060 Please Reply By November 11,2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part NW4 of Section 33,T2N, R67W of the 6th P.M.,Weld County,Colorado. Location 0.5 miles north of CR 14;east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan .1 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: `.Signature 1f I/�, \ 1� g h�V .` �, 1JfZJ i� 1 Rc.i,.i-tic Date /Oil ?l '7O/U Agency 1Fa7)r kicg -J Ipitmk,7'%F tWeld County Planning Dept. 01555 N 17th Ave, Greeley,CO.80631 :-(970)353-6100 ex1.3540 2•(970)304-6498 fax 10/18/2010 12:47 30361702 • PAGE 02/02 • • • Weld County Referral �• October 11, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone I Case Number RE-5060 Please Reply By November 11,2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part NW4 of Section 33,T2N, R67W of the 6th P.M.,Weld County,Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information,please call the Department of Planning Services. 0 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 0 We have reviewed the request and find no conflicts with our interests. See attached letter. 0 Please notify me of any public hearings regarding this request Comments: Signature c erDate ‘r 11�YS'i n Agency M.F Urn,. •,r\CPC1 tn.;� +Weld County Planning Dept. 01656 N 17.Ave, Greeley.CO.80631 0(970)3538100 ext.3540 0(970)3046499 fax • • Submit by Email Print Form 4§ Weld County Referral wok October 11 , 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone Case Number RE-5060 Please Reply By November 11, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Q-We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Trmli rs AD( ,rife)) vitif.A1 T/-1 ,"raw..' OF frl i4Orb LAINitai (411A1 X‘ I vt1.A7Miz7. Signature Date l0 /7/0 Agency Tay Uf f�tc' _ /'Ul�ty✓i r +Weld County Planning Dept. +1555 N 17th Ave, Greeley,CO.80631 4(970)353.,6100 ext.3540 +(970)304-6498 fax ".. .. i • • Weld County Planning Department GREELEY OFFICE ((Hew WI 15 ? MO RECEIVED CWeld County Referral• October 11 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone Case Number RE-5060 Please Reply By November 11, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal _ I Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 13 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request Comments: Signature C2 IA/in/1E/ Date / , � Agency l 6' - 4Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax I ..1YY111L V7 LIII"II 1 I •.. a.v. • • Q Weld County Planning Department S GREELEY OFFICE NOV o RECEIVED Weld County Referral October 11 , 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone I Case Number RE-5060 Please Reply By November 11, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ® We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request Comments: Signature 4 / //�{' Date ti/4 42.00 Agency 7;/e'alo a0 AE .-h,'t 6' °+7 +Weld County Planning Dept. 01555 N 17th Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax -1 n i ): , . Aw) , . • 7 I - -- r ,`r p- - - '- -- - --- YYCR 17 ---- - ill°. - /1. m 1P' ' PUBLIC SERVICE COMPANY ' jotI OF COLORADO :O r Die . , nH' . W. D r_ On "I * T Let • D > m Z O r1 , _ • Nos• . . ._ . , vi . m C z n . n • L • z O -< r 3 IF -- O c ' :4__4 gv � a' 2 • a jo44"ss..._ \ i -4 ., - , z • 14, , -4. . .._ . .w.,. se+ .. O r • , • r^ i m n ., F < - m m a a 0 X CI -f O ' c. -C Z r r- m - n nN :` ,' f r:r.r r. . i co - 0 0 c ' f (n ['� • I -r cn ' ' I Fn o =i vm+ -< vi o II ;' ' 0 o "ice Z m m � . O m N m71 2 Z O --I -i i 0 0 ..-1 0 z c" CD [ 41. rt O O _ z ; TOWN OF FIRESTONE > p z E 6 X 70 o p W TANK SITE RECORDED EXEMPTION o r II-_ oW Fri -i- COLORADO NJ N H CIVIL m SITE EXHIBIT CCG GROUP, INC. immod O co ENGINEERING CONSULTANTS NJ O RE - 1 • If • . • _ , implipsiminr. - ., . .. _ ,, . ..ii ` ' 1 y .r it 1144 I 4 1'I'll*. . _ ,CO 1 , M ri .. C i t J-T.. p . •illr • - >, r - -. l 14; rt .. .. -- - - -rrharr },. . . a l. • t * I / 1tr I . .41 ' J y, O 4. P. ar , j _ .- 1 oz U OCw • Z HI j' � Qo .. (.41, �, .�� Q 4.' r D H 1-7,:ii 1 ow I ow r C.0 CD to .5e 2 . Or) w 01 QN2, 3t r '144..s. p 'x c9 p (1) , • s � w � I— D r ... � . 1- .. :f. ptri.1 r • ` - 00N/2�ol00 JO 9OIA2i9S 3119nd "` II I\... 'i I". ;fr.:•:•-4- l - I asS . , . . ' 1 s 4 °MI; . II 4, .� a r . • rillik , 114 .r‘, '. 1- .."' 4111:• .. , / NI I ` $0,,,b. i.wt .. '' , :. A 1- f . . r 'IS; r,y. * • 40‘.. _7(4:\%Va.,‘NttN O -96 Z • 0 ..� Ire 1 U w t Z • ` O 1 1 O z ►I cn Z H II X20 g- rei, . 1 )t /. . / St I ` : � `/ ill , i bit I th ' • r'�� - `lil �c. 1 __ ... . a,\ Oat/2:10100 _ 0�931A83S 31l9nd L • LIP" .. 'ilt.. ) ................... .. . ...-.••fl -.• IL IN • Z - 3B N _ N O S.LNVi1(1SNO3ON12i33NIJN3 1181HX3 311S 2 ONI 'df1100oao DDD w TAO i J O 00 NJ O 0av2l0100 m U th 1. ° NOIldW3X3 03011O33B 31IS )INV1 r CC 3NO1S321IJ JO NM01 z W 0 G 0 1 i z W W NN V 2 W v► Z O o tit n Liu _ 0 N Q � u. u] Lai Iv d O 2 • vi U - 0 , W ' Z w J W J Z Z = ,-: W J 0 Z • SNiPIlI * k_ 40 - L Cr In iiiihyrr r., Ce Z U 0 ,1' 5JLn O a . U 0 II . Q 0 0 Q of U O 1- II ,. > 0 W L L U I— U 0 a J I Nv� CO LLi • Cr 5, ^ s OGVB010D JO ui Lc, .INVdWOD 3Dl/12l3S D11211d � ,} ' • /' --- ` L l 21DM — — t I ._ - W x ••` - - - i -^ �" " ' P WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name TOWN OF Fist cSToa6 r CHRIS fitSfertsAflTN Phone 1930) 278. 0021 x I0; Address 151 C1AAOT 4IEIIUt (P.O. Sex Ice) City FtrvOToalr State Co Zip 80520 2. Address or Location of Access (0800 61c I? Section 33 Township 214 Range C?tJ Subdivision NSA Block NSA I of NSA Weld County Road# l? Side of Road E4 ST Distance from nearest intersection Z,000 Fr. 3. Is there an existing access to the property? Yes X No #of Accesses 4. Proposed Use: (/Permanent ( Residential/Agricultural ( Iggdustrial ( Temporary ( Subdivision (Commercial (✓other 1+147 en 7441< RADIO ToaGrc ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential NIGR Ile 0&G = 0il&Gas D.R. = Ditch Road Q (21 o l C� ❑ = House O = Shed • ••• 1- c 1 53 016 • Q = Proposed Access n + = Existing Access = Extsita4 Nolo to.et E.5. • = EnsT-)4 tAkitwT4,tt o = f wont W4rM T4Jtc E.S. = fLaca4,r,4._ Su6sr4il0 r+- OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: (7 ( r • • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and fmds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: See Attached Legal Description CONVEYANCES (if none appear, so state): £-4eception No.: 1512807 Book: 591 //Reception No.: 1512808 Book: 591 (Reception No.: 1512809 Book: 591 /Reception No.: 2109281 Book: 1165 !/Reception No.: 2162926 Book: 1217 v-Reception No.: 2165132 Book: 1218 ✓Reception No.: 2392815 Book: 1446 Reception No.: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title,nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 11th day of March,A.D.,2010, at 7:45 am. STEWART TITLE OF^^COLORADO BY: �� \'t \a a..- - Authb 'zed Signature • • SCHEDULE A LEGAL DESCRIPTION Part of the NW1/4 of Section 33, Township 2 North, Range 67 West of the 6th P.M., Count of Weld, State of Colorado,being described as: Beginning at the Wl/4 corner of said Section 33;thence North 89°24'20"East on an assumed bearing along the East-West centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00°00'00"East parallel to the West line of said Section 33 and along the East R.O.W line of a 180.00 foot R.O.W for Public Service Company,a distance of 1500.00 feet;thence North 89°24'20"East parallel to the East-West centerline of said Section 33, a distance of 935.00 feet;thence South 32°41'19" East, a distance of 1416.40 feet; thence South 00°00'00"West parallel to the West line of said Section 33, a distance of 300.00 feet to a point on the Fast-West centerline of Section 33;thence South 89°24'20"West along said East-West centerline, a distance of 1700.00 feet to the True Point of Beginning. Together with a 20 foot access easement across an existing 180.00 foot Public Service Company Right of Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Service Company Right of Way located in the NW 1/4 of Section 33, Township 2 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado, said centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33,which bears North 00°00'00"East, 645.00 feet from the W1/4 corner of said Section 33; thence North 87°15'16"East on an assumed bearing along an extension of the centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning f said access easement, said point being on the Easterly Right of Way line of Weld County Road#17;thence North 87°15'16"East along said centerline of access easement, a distance of 150.17 feet t the East line of said Public Service Company Right of Way,said point being the end of access across said Public Service Company Right of Way y 'sS7 sot Y rl Ann fe°Maa iemeree `a`?-�- Boa No _15in "1s..usder. . T+�s DUD, Made this �- — /Sl 1% des at sacoanasa eTa1® '.: January - in the year of our lord one thousand ' ,Far , •�' aim hundredeind sixty-eight '(1968 , +' between THE LONGMONT NATIONAL SANK, a National a Basking Alsociatian of Longmont, Colorado,. :+ a -Trustee y af'tbe - = '- - - Camty of Boulder. and - ` we Grate of Col of the flint part and Suckle .Farms, Inc. a a.corporat on organized and ezisting under and et virtue,".of,-the laws of wf he . the State' of 'r w' ?�t,,of Colorado aad.BLtao Cc'o*i'ti of the - S zt to smalad ...: . 4 i, , w1TIrB86ETn,That the said party of the first part, for and in emdde agora of the nom of 'other good and valuable consideration and TEN ($10.00) Doom 4. ' p. .. 0, to the said party of the fast Part, in hand.paid by the said party of the second part, the receipt whereof is hereby eonfeeeed and eekuowledged,has granted, bargained add and tarred, Ig. a- r. and by that:PneentoafiRgaggt,Jscrgank sell, convey and confirm unto the mid party of a o the second p¢,t, its r Sedges forever, all the following described lot or parcel of land,situate,lying and being in the County of Weld end ,l . State of Colcndo, to-wit: 11 rd- An undivided one-fourth (1/4) interest in and to: ` The'North Half (N%) of Section Thirty-three (33) in ' / ' Township Two (2), North, Range Sixty-seven (67) West of the 6th P.M., together-with all ditch and • ' hwater rights appertaining to saidapremiees; except L. all"easements, encumbrances and rights-of-way of ' i h record; and except for' that certain parcel conveyed ( . to Public Service Company of Colorado by.bead p recorded October 24, 1966,, Reception NO: 1496279, CO I ' Book No. 5'74; and except mineral reservation in UPRR s Deed recorded May 15, 1891, in Book' 97' at Page 490. En Together with e. 11 and aingenr the haredihatetu and appurtmama thereunto belonging,•or in anywise Zf appertaining,Sedate reversion and terndam,remainder and remainder',rentr,Sun aid profits there. • aft and all the,tetan,right, title, latent, dales and demand whatsoever, of the aid petty of the 1- �� 1 Set pan,sage fa law or equity, of,in and to the above bargained grandee,with the hgteditemeup and appmtmaneae To Have and To Hold the said premise. ibove bargained and donated, with the appaitinee y unto Suckle Farms, Inc., • the said party of the second part, its 'successor 4,40044 The Longmont National Bank, Trustee, ass party ofNw inn patt,for it oaf , its /au store e / eucce__ea��__��e__ne,, cam, hargaln and agree to and with the mid pastry t of the - ' b. fa* its 91}1Sd v d�erigaa,the shove been, in the gist Peerage__ . . • `' p-- of party of the•eeooad part, its / and.aw3gaa, agar all wd erns, flf'FC1uu Lawfully 1 g of to claim the whole or a i part thereof,by,through or under .,0, j theaYd d the Beet pert to WARRANT AND FOF,ldv rat DEFEND O . , WHEREOF,The sad party' d the 1kg part: - hasmto set rte r: ' t e doge sad year tint above written. / m . :#'• kDeliaaai THE m e�'aT e : , . . `i: glVy .1 By. ,. J' _foram ateft: ( 'Ceithier eident i `,} [BRAL] 4i.- ils, . ,TE OP_COLORADO, _ i " 09mlty af' Boulder .babe wee eeimsawgd Ws . lath dap d January d;t N, Meyer as Pree rat and. B as Longmont Nation Bank, a Nu l.ot�i- .. ^ rat. .. a. Jane 16th. •1as Wens • or' 0 '.. ..5°ry4/.. IP-\\ ._ d.,M, � v, 'FEB 7W _ • r N- ZrJ11�•, OS AWI SPOM� a..,,..,.., Now[ . Tens DM, stain tgla r/,�TA day of January RECORDER 8 STAMP 57.7)t : fo,68 ,between Frencas L. Griffith, formerly kk a 'Ida Franca'Griff3th and as Ida�.Francesof " •E ere - '..&GeVof Arapahoe and state ofCola lc I rho,of the fiat'fart,am Suckle' Firms, Inc.,. t. r .i c r sg- .:'•. •eeerne p orgaeleetard _. ant gander and:-b'v4tet of its*laws of the stele of Colorado . t; of the aeeand parta . ;l ►e . .. That the said pity of the fleet part, for cad in consideration of the an of lt g 'a OTHEB'.:GOOD-AND VALUABLE CONSIDERATION AND TEN ($itl.'GG) DOLLARS et' to the said party Of the find pert in band paid by'the sold party of the second part,the receipt whereof it ver beteby arts,and acknowledged,has granted.bargained,sold and conveyed,and by these presents do es :i © as bogie. tonneau.unto the said party M the second part,its summon and assigns forever, c homy of Weld• ell ef the following&mem tot or parcel -of lam,situate,lying and being in the -•. and state of Colorado,to wit: An undivided one-half (1/2) -interest in and to: r- The North Half (N') of Section Thirty-three (33) in Township Two (2), North,. Range Sixty-seven (67) 't , West of the."6th P.M. together with all ditch and water rights appertaining to said premises; except all easements, encumbrances and rights-of-way of record; and except for that certain parcel conveyed to Public Service Company of Colorado by Deed '' recorded October 24,'1966, Reception. No. 1496279, Book No. 574: and except mineral reservation in OPER Dead recorded May 15, 1891, in Book 97 at Page 490. TOGETHER with all and Urdu the bereditammb and appaea- ones thersto hdmg eg or in anywise APPerlainit sad the nevaredaa end r remiss .reminder and SS.,S itallen and Monts thereof;and aE • the:stabs YWht,tide,tatarta dais red demand whatsoever at the said party of the first park either in law oz' Sty,aft in and to daaben bemused psapdsn,with the haadkamep(s and stasesTiO RAVE AND TO HOLD the Sad sea sex above bargained sad described,with the eppuitm.en.,sate the _ said party of the Wooed Put.id:arm-rs and assigns forever.And the said putty. et the ghat par%far her gait , her MS.'eentne,and adadalnindan.does covenant,great,barydn and agree to and.ddb the said p of the Mani pent,'ita anannan and sagas' that at the time of the emrlieg and d lbery of these A...ee¢d.,-Alibis was well.Sad of the promise"above eaaver of lewd.d, ea d.one.poled,Sots end }4ddtatthle estate of tehedium.In law,in fee daubs and has god right,fon power and lawful Salty to -lta" rook-- r—ia,�aade avay the same Wiese and form as aforesaid.and the same are fate and deer from aft SS:s and other pranM aahe,lim Ws a, ,ameameats and mounds ea.of whatever wed oraetme I 4- asar, xcep.t for all general taxes and assessments for 1968 payable Jaletary.1, 1969; and Except for all easements and rights-of-WAY 1 yF' of record. :.. ad the own bargained premise In tie aniet and peerdd paremoa of the said party of the secant perk its aaamsm•sad edges,apart all and maw Lieu or persons lawfully eldm sg or to elide the whole or an part �, t1,reef,the read peaty. ere the Ora pert daft ad will WARRANT AND FOREVER 14H!'EED. DI wrrNWill WHEREOF,The maid party of ths first part has hereunto set band od sal -the day and par first above writhes. bleed,sake esenenveted In the Press of ' • - 1172:77.A :-.1:64‘7 1 � y/ ‘7 , i c a Gr - _— <Ganre4._.._ f Ida ances Lu (AAf 7 - gTATS or COLORADO. I CITY.e,ieaC,.om� d d DENVER as The forego era of was before metbis 15TH day of January - ' If 68' ,by Fritz ,..1.,,i-.Cr .fith, formerly known as Ida Frances Griffith and as Ida ly omdaYwt e`V der' WfCnF88', lid•eii' u_ '.. ,. . x a t4.,' EP_ minission expires March 6, 1968 No"7i0"e s. No.K2. weaawrr'...... 'aw-nv sum ay....- ..--- o u wx - .... HP . . EB7 1968 cz - 591 a as f4 a :/ r,' r1 /,-,?O' ,, .`o . ... . .. • 1512809 A,p sp.;�. 'imam . • 7, I -, • EXECUTRIX'S DEED . ,v • ]]] r I ''r J.— .1A6ras INDENTURE made this I2JI'day •of iativary, 1968, by and o:between.Elisabeth T. Ludlow-as- Executrix of 'the Estate of Irving T. Lu• d•low, also known as Irving Ludlow and as I-. T. -'Ludlow, deceased, 6 pa Grantor, and•Suckla Farms, Inc., a corporation organized and' existing 1 ' r .r wader and byvirtue of the laws of the State of Colorado,. Grantee: WITNESSETH THAT, WHEREAS, Grantor is. the,qualified Executrix , :under the Last Will and Testament of. the abode-named decedent, which *isms admitted to probate.on January 30, 1967, by theDietrict Court.... in and for the County of Boulder, State of_Colorado,.Estate .No4.•11374; 5 Viand WHEREAS, Article Four cf said Last Willand Testament O provides in.part as follows: I ' + ARTICLE FOUR _APPOXIO OF E86COT0R j i s I hereby nominate, constitute..and appoint my:wife, Elizabeth T. -Ludlow, as.Executrix .of this, wy..Las.t Will and Testaent, In the,-event of her, failure, refusal or'inability to perform, I ;x I nominate;-constitute and appoint The. Longmont National Bank, Longmegt, Colorado, to nerve-in-her.stead . No.party,named '-, herein;shall•be required-to furnish .bond to.secure the .. - . faithful4perforaance-of her or its,duties such legal representative.,. * * * Y(:r4 I further expreastx,,direct that my legal representative shall :::::: have Opo aame._powers a ;have been granted to the Trustees `' under,the 'terns Andprovisions .of the`.IRVING T. .LDDIflI TROST. Such wecale4all be eaercisabla by.my,legal representative . .t without •the necessity of.application to,the Court • - . AND Articlie-Elgh►t (General,Powers and Duties,..of the Trusteesj: of the ngiT, L d Trust ,datnd:.November 19, 1962, as anended by First ..+"� b �1 a ion of Trust of Iry T Ludlow dated.'OC ober:13 64,• provides in;part as follows: , ;,'� ,z ! ' ARTICLE EIGHTr • ' . . ._ GENERAL POWERS AND DUTIES OF THE TRUSTEES • ` To the texent;thevs�0p,pot conf▪lict with the Genera,' t4 , . nd,bkiitat4►+acdeca Ied:,in,Article Seven,Amy i ", all-posqsess as -to the trust' estates.c ate4 of, pr�gy 9 ;for,by this,,trust the,following aaditional powers �e Sectiyn 8 1, To taake ull charge and c--atrol of, the * ` • r he trot estates; .to p'9sess, manage, control, fF X41 I . 8 oB ',_,,„ ti,. r . sebi, transfer, assign,' grant, convey,.:exchange, lease; rent, a � M ,� , stirs oar ja ..7 f.K } 2 1512809 , A was' � . 9,-1- A option, abandon, mortgage, pledge, or otherwise encumber or dispose of any or all of the property of the trust estates, t>: or any part or parcel thereof, or any substitute therefor, V upon such terms and conditions and for such purpose or . ,.4 purposes and for such consideration and for such period, a* irrespective of the life or duration of the trust, as ;3j: they deem for the best interest of the trust estates; and '_ to extent, acknowledge and deliver in this regard any and. ',t all instruments necessary therefor, and to, have. as to all of such persons property all'.of the powers that natural . might exercise in relation thereto if it were their own.t, * * * I' . h NOW, THEREFORE, pursuant to the power contained in said Will, for a valuable consideration, receipt o€ which is hereby acknowledged, ' ₹ the Grantor does hereby sell and convey unto the Grantee, Suckle Farms, Inc., its successors and assigns forever, all the right, title, interest and estate of.the said lrving.'T. Ludlow, also knots as Irving Ludlow it and as I. T. Ludlow, as if sold or conveyed by him during his lifetime, in and to the following-described real estate situate, lying and being in the County of Weld and State of Colorado, to-wit: L f,� An undivided one-fourth (1/4) interest in and to: The North Half (Ni;). of'Section Thirty-three (33) in Township;:Two (2), North, Range Sixty-seveb (61) West of the 6th P.M. together with all ditch and • water rights appertaining to said. premises; except, alleasepents, encumbrances and rights of-way of record;, 4nd.except for that certain parcel conveyed to Public :Service Company of. Colorado by.•Deed recorded '7 31 October 24, 1966, Reception-:No. 1496279, Book-le:: 574. 44 Is r n Tfl VE AND TO HOLD THE SAME, with all the appurtenances thereunto� ing, or in anywise appertaining, to, the. propercruse, benefit and fo_a said Grantee, its successors and assigns forever M except es'senen`te and rights-of-way of record; and except all general 4 _' taxes and assessmeints for 1968 payable -January 1 1969; and except mineral • reservation in,UPER Deed recorded May 15,' 18.91; in Book 97. at Page ..90. E s; IN WITNESS WHEREOF, the said Grantor, as Executrix of said Estate as aforesaid, has hereunto set her hand and seal the day and 4.• ; • year first hereinabove {written. -g Y • Eli '(th T. Llpd ow.as cutrix . ;; A of the Estate of /1Ving, T. Ludlow; } also known. as Irving Ludlow and as I I. T. Ludlow, deceased. 4 I' ;1 sT b:QF cow$ADo; ) i iTDTPY OF ) I 1 r ,O f foregoing instrument was acknowledged before,me this /62.0 ut, 1968, by Elizabeth IC LadilOw as Executrix of the x , T. Ludlow, also known'as Irvingdlow and as { , deceased. ,'ter y � ; 7< J WI la s, jiand and official sea�l �p • • • AR2109281 B•1165 REC 02109281 08/04/87 11:42- $6,00 1/002 ._.:_ , . .- P 1099 MARY ANN PRUERSTEIN. CLERK S. RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 31st day of ,7vjy. ,1987 between Suckle Farms,Inc., a Colorado Corporation a corporation duly organized and existing under and by virtue of the laws of the State of Colorado ,grantor,and Surrey Front Range Limited Partnership, a Colorado State Dopcumentary Fee Limited Partnership whose legal address is 165 S. Union, Suite 606, Denver, Co. Lett-Vet— 80228 of the 'County of Lett-Vet ,State of Colorado,grantee: WITNESSETH,That the grantor.for and in consideration of ONE HUNDRED TWELVE THOUSAND EIGHT HUNDRED DOLLARS AND NO/10OTH8-----DOLLARS. die receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain-sell,convey and confirm, unto the grantee,his heirs and assigns forever, all the real property, together with improvements.if any.situate,lying and being in the County of Weld 1 state of Colorado.described as.follows: Il �b SEE ATTACHED EXHIBIT "A" also known by street and number as: Vacant Land TOGETHER with all and singular the hereditament,and appurtenances thereto belonging.or in anywise appertaining.and the reversion andreversiow,remainder and remainders,rent,.issues and profits thereof.and all the estate,right,ride,interest,claim and demand whatsoever of the grantor,either In law or equity,of,in and to the above bargained premises,with the hereditament.and appurtenances. • TO HAVE AND TO HOLDtin said premisesabovebargained and described with the appurtenances,unto the grantee,his heirs and assigns former.And the grantor.for itself.and Es successors.does covenant,grant,bargain.and agree to and with the grantee,his heirs and assigns,that at the time of the cnsealing and delivery of these presents,it is well seized of the premises above conveyed,has good, sure,perfect.absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right.full power and authority to grant, bargain,sell and convey the same in munnerand tone as aforesaid,and that the same are free and clearimm all former and mhcrgrant,. bargains,sales,lies,ones,assessments,encumbrances and restrictions of whatever kind or nature soarer.except the general real estate taxes and assessments for 1987 and subsequent years; reservations, restrictions, easements—anti rights of vav o44 re o...d i •exc ptin an rase ins unto the party whatsoever tsoeversIdna t.(graaracter, right,if aaod interest in ant to all nerals of whatsoever kind or character, in, under and upon, or that tai. ht be produced from the herein described land. • {..c,, The grantor ghat'and will WARRANT AND FOREVER DEPEND the above'bargained premises in the qi peaceable/ A possession afthe gmneee,his heirs and assigns.against all and may person or persons lawfully claiming the who any part thereof. The singular nabbpr shall include the plural,the plural the singular,and the use of any gender shall be applic a ttaJl genders/ p IN WITNESS,WHEREOF The grantor has caused iv corporate name to be hereunto subscribed by its President, and io'caipt:are seal Lo.be hereunto affixed,attested by its Secretary.the day and year first O above written. AMC: . . e rolls ro>0>' Suckle Farrms,Inc.,,�a Colorado ra ion a.M.n By —Htt""dL Lag FRANK sucELA,1eiX1e" STATE OF COLORADO as. County of ThpfotEraing11,q ument was acknowledged hero"me In the County at , • pphi�i�, ,% ,this 3/y¢ day of .Ttt% .19C/ ,by S'wBCilIA PA ,C.,A COLORADO CORPORATION BY: FRANK SII PRESIDENT nfokaggrilihatC y- 4 I iitdess myJmad and¢iei51 seal. —I- �7 / Pik r Q Per \ tai BL .4.< 473 .S/<.,'//,. Cr� ra.7710.e cid '6. .t�eitveft•ifraftG�ity and." Marna OP 60` No.408.Rev.5.34. %%BEANr?DEED tt"ao,abn Bradford asgbaine.IUns w,itin Me..Iataoved.00 emu_nab memo 544 • 4• .B. 1165 REC 02109281 08/04/87 11:42 46.00 2/002 • F 1100 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado, County of WELD Described as: Part of NW: of Section 33, Township 2 North, Range 67 West of the 6th P.M. , being described as: BEGINNING at the W: corner of said Section 33; thence N98°24 ' 20"E on an assumed bearing along the East-West Center- line of said Section 33 a distance of 180.00 feet to the TRUE POINT OF BEGINNING. Thence N00°00'00"E parallel to the West line of said Section 33 and along the East R.O.W. line of a 180.00 feet R.O:.W, for Public Service Company, a distance of 1500.00 feet; thence N89°24'20"E parallel to the East-West Centerline of said Sec- tion 33 a distance of 935.00 feet; . thence 532°41 ' 19"E a distance of 1416.40 feet; • thence 800°00' 00"W parallel to the West line-of said Section 33 a dis- tance of 300. 00 feet to a point on the East-West Centerline of Section 33; thence 589°24' 20"W along said East-West Centerline a distance of 1700.00 feet to the TRUE POINT OF BEGINNING. • • • A122hb2926 B 1217 REC 02162926 11/23/88 16:12 $6.00 1/002 F 0138 MARY ANN FEUERSTEIN CLERE & RECORDER WELD CO, CO I CORRECTION WAARADTT DEED !' Tm5 DEED, Made 88 of July 31 Recorder's Stamp 'I. Ii6 87,between Suckle Farms, Inc., a Colorado corporation i', i a corporation duly organized and edstlng under and by Anna of the laws Ii I of the State of Colorado of the first part,end Surrey Front •Range Limited Partnership, a Colorado limited partner- • Rl ship, 165 S. Union, Suite 606, Denver, Colorado 80228 of the City and Canty of Denver and Stet*of Colorado of the secondgart: good and valuable consideration • WITNESSETH,That the said patty of the flint part,for all is ceoeideradoe.et.Lma-o( iii DOfaakH9 Ill to the said pertyot the first parttab,m:Dad bytes said party of the second part,the receipt whereof is here- ' , by confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presents doth grant,ban . iI germ,sell,convey end torten ntothesaid party of the second part, its heirs,and aesigoe for- ii ever,all of the following described lot or pared of land,sihat,lying and being ht the Comfy of Weld and State of Colorado,to wit: • a I See Attached Exhibit "A" • . I `h IThis Correction Warranty Deed is executed to correct legal description of I property conveyed by Warranty Deed dated July 31, 1987 and recorded August I 4, 1987 in Book 1165 under Reception No. 02109281 in the records of the Clerk and Recorder of Weld County, Colorado. 8 I i TOGETHER with all and singular the hereditament,and appmtenanees thenmto belonging, or is anywise .' appertalnfag,and the reversion or reversions.remaindan,ante, issues and profits thereof; end all the estate, :, right,this,intamt,claim and demand whatsoever of the said party of the first part,either blew or equity,of,in and to the above bargained protases with the hereditament.and appurtenances. N 'I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the ;• %' Isaid party of the second pert its hairs and assigns forever.And the said Q 'I partyof thefllrrtpart for itself, - Q h and its successors,doth covenant,rent,bargain,and arse to and with the said part y of the second part, 40 'I its heirs end assigns,that at the time of the ensealing and delivery of these presents it is well I seized of the premises above conveyed,as of a good,sure,perfect,absolute and indefeasible estate of inheritance,in i II law,in fee simple,and bath good right,full power and lawful authority to grant,bargain,sell and convey the same In manner and for aforesaid,and that the same are free sad clear from all former and other grants,bargains, ' males.liens,tares,seseaemeuta and tneumbrauces of whatever laid*retiree sorer; except the general . real estate taxes and assessments for 1987 and subsequent years; reservations, ' restrictions, easements and rights of way of record if any; excepting and re- serving unto the party of the first part (grantor) all right, title, and interest' in and to al] minerals of whatsoever kind or character, in, under and upon, or that might be produced from the herein-described land, end the above bargained premises in the quiet and peaceable possession of the said part y of the second part ' its heirs and amine against all and every person or persons lawfully deleting or to claim the whole or any part thereof,the said party of the fiat part shall and will WARRANT AND FOREVER DEFEND. .-i,l'-WITTOSS WHEREOF,The said party of the first part bath tended its corporate name to be hereunto I. President,sad its corporate seal to be hereunto affixed,attested by its " . Secretary,the first above corium. Attest: Suckle Farms, Inc y, a Colorado doy i L.I ≤e ...._.._... corporation :7 Qseyr(..ffiyc (694/70 Prank uckla, its Prrie I' SpTATE OP COLORADO II I. . _C ounty cLL:&z-- I: The foregoing imtr�mt was acknowledged before me this ..;:.,,,:,-11 „).'tl; day of k 1i I I ie 88 ,by Frank Suckle ':'i`t pill Oj. , Ns .d II r ........0;:hi secretary of Suckle Farms, Inc., a Colorado ;3Nf.T>; ....-„,,-:.c v., acoryontloa • MyaotadalcommWiorVyize ': .'f4 %':V'/ Maw my band 1. V CC(„�: '"''' a� 4 t No.IDR ICALRIIJITIT INIED—Corparatiox.—Brtwliarl Publbbina Ce..112446 steel Stmt.Dena.Celcneo$46 • • B 1217 REC 02162926 11/23/88 16;12 $6.00 2002 F 0139 MARY ANN FEUERSTEIN CLERK & RECORDER WELD COCO, EXHIBIT "A" TO CORRECTION 9ARRANTY DEED Part of the Northwest Quarter (NW1/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven (67) West of the 6th P.M. . County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 89 Degrees 24' 20" East on an assumed bearing along the East-West centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 Degrees 00' 00" East parallel to the West Line of said Section 33 and along the East R.O.W. Line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 Degrees 24' 20" East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 Degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 Degrees 00' 00" West parallel to the West Line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 Degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 feet to_the True Point of Beginning. gR2165332 8 1218 AEC 02165132 12/I5/88 11:42 $9.00 1/003 F 2156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I RECORDER'S STAMP THISDEED,Made this 12th dsyof December ,1988 between Surrey Front Range Limited Partnership, a I limited partnership IIaaeapwaMen duly organised and existing under and by virtue of the laws v...., CceG;r,,-.Iia.ry Fax ofthe State of Colorado of the tint part,and APB Broad- C,.{` /a�)sc. g-_ casting Company, Inc., -- ! a corporation duly organised and existing under and by virtue of the laws $ It n i of the state of Colorado of the second part;whose legal • address is 161 North La Brea, Inglewood, California. i WITNESSETH.That the said party of the first part,for and in consideration of the sum of TEN and no/100 iI ($10.00) Dollars and other good and valuable consideration AAILUMBffi to the said party of the first part In hand paid by the said party of the second part,the receipt whereof is hereby i confessed and acknowledged,hatb granted,bargained,sold and conveyed,and by these presents does grant,bargain, sell,convey and confirm,onto the said party of the second part,Its successors and assigns forever,all the following described ;wpares! of land,situate,lying and being in the County of Weld I and State of Colorado,to-wit See Exhibit A attached hereto and incorporated herein. II I 14 Or I 4_9pD ealserbinmesnaramentnachnamaise !thereo rovn, nh tRaemea and fixtures, constructed or located TOGETHER with all and singular theffhereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rent:,issues and profits thereof;and all the estate.right,title,interest,claim and demand whatsoever of the said party of the first port,either in law or equity,chin and to the above bargained premises.with the hereditament'and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said party of the second part•its successors and assigns forever.And the said i party of the first part,for itself,its successors and assigns,doth covenant,grant,bargain and agree to and with the I said party of the second part,its successors and assigns,that at the time of the ensealing and delivery of these I presents it is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of I inheritance,in law,in fee simple,and hath good right,full power and lawful authority to rant,bargain,sell and II convey the some in manner and form aforesaid,and that the same are and dear from all former and other grants. 1 bargains,soles,liens,taxes,assessments and incumbrances of whatever kind or nature'clever; except those items shown on Exhibit B attached hereto and incorporated herein, i and the above bargained premises hi the quiet and peaceable possession of the said party of the second port•its successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and Wit WARRANT AND FOREVER DEFEND. IN. W.5EREOF, The said party of the first part hash caused Its eenpeaete name to be hereunto su 8i�'4br+a a. st oboene,mditaeelyore!.+edbte ilEntneesoetfRANG tc LIMITED General ap ,thuaylly.fovir(izst shove written. SURREY FRONT RANGE LIMITED PARTNERSHIP, Iir- bar•p Y�; a Colorado limited partnership -or--,r:�,.. .., - By: S BROADCASTING COD@ANY, an Oklatp o-c •,'!`.LBE x 7� -7 corps t''ola,,6nprml artner l,m .OJy7J..UUk.::•J; ... : seerm.rr. By K II Nie ol"lys ,t plAi^s 0 Gc9LOEA➢D, I n }se. City and County of Denver J The foregoing instrument was acknowledged before me this 12th day of December i 19 88 ,by J. Kent Nichols as Presidenteed of Sun Broadcasting Company, an Oklahoma corporation as Genera].Partne;-Sscewefeh of Surrey.•Fci'wc Range Limited Partnership, a Colorado limited partnership. ^y.:...... . . ... eeespesar ma q ' v-:.'..% ay notarial commission expires:IZri el �� n y, 7(, '�Q• y Li i If:¢< • Witness my hand and acacia - i •7% t YJ •2D - / Notary Public. see.r69.*NelLnsTCDgEDI:CL' Mien is Ce,pertlle,-rmaM Potl,Mea5r]1W.ab are..Law/ppd.COrmu-IItSI J0.,W->q 9 tiA • • B 1218 REC 02165132 12/15/88 11:42 $9.00 2/003 F 2157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APB BROADCASTING, INC. Part of the Northwest Quarter (NW1/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven (67) West of the 6th P.M. , County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 89 Degrees 24' 20" East on an assumed bearing along the East-West centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 Degrees 00' 00" East parallel to the West Line of said Section 33 and along the East R.O.W. Line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 Degrees 24' 20" East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 Degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 Degrees 00' 00" West parallel to the West Line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 Degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 feet to the True Point of Beginning. TOGETHER WITH a 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Services Company Right-of-Way, located in the Northwest One-Quarter (NWl/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven ( 67) West of the 6th Principal Meridian, County of Weld, State of Colorado, said centerline of said 20 foot easement described as follows: Beginning at a point on the West Line of Section 33, which bears North 00 Degrees 00' 00" East, 645.00 feet from the West One-Quarter Corner (W1/4 Cox.) of said Section 33; thence North 87 Degrees 15' 16" East on an assumed bearing along an extension of the centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning of said access easement, said point being on the Easterly Right-of-Way Line of Weld County Road #17; thence North 87 Degrees 15' 16" East along said centerline of access easement, a distance of 150.17 feet to the East Line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. EXHIBIT "B" TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APB BROADCASTING, INC. B 1218 REC 02165132 12/15/88 11:42 $9.00 3/003 F 2158 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO 1. Taxes for the year 1988 and subsequent years, not yet due and payable. 2. All coal that may be underneath the surface of the subject property also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be developed upon said premises and for the transportation of the coal from the same, as reserved by the Union Pacific Railway Company in Deed recorded May 15, 1891 in Book 97 at page 490, Weld County Records. 3. oil and gas lease dated February 14, 1970, executed by Suckla Farms, Inc. , as lessor, and T. S. Pace, as lessee, recorded March 19, 1970 in Book 622 under Reception No. 1544067, for a primary term of Five (5) years, and. as long thereafter as oil, gas, other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. NOTE: The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown in this policy. An Affidavit of Lease Extention of the above Oil and Gas Lease was recorded November 2, 1971 in Book 636 under Reception No. 1577928, Weld County Records. 4. Development Standards as contained on and matters disclosed by Special Review Permit Map recorded December 15, 1987 in Book 1180 under Reception-No. 2124999, Weld County Records. 5. Reservation as contained in Deed from Suckla Farms, Inc., a Colorado Corporation to Surrey Front Range Limited Partnershp, a Colorado Limited Partnership, recorded August 4, 1987 in Book 1165 under Reception No. 2109281, Weld County Records, which reads as follows: "excepting and reserving unto the party of the first part (grantor) all right, title, and interest in and to all minerals of whatsoever kind or character, in, under and upon, or that may be produced from the herein described land." 6. Terms and conditions of a License Agreement between Public Service Company of Colorado, a Colorado corporation, and Surrey Front Range Limited Partnership, a Colorado limited partnership, dated November 7, 1988, and recorded December 8, 1988 in Book 1218 under Reception No. 2164480. I ! AR239?815 - Warranty Deed THIS DEEDAs.a.eonveyance of the real property described•below;including any improvements and other appurtenances(the '"praperrY1 fiam.the individual(s),dorparadon(e),partnership(s),or other endty(res)named below as GRANTOR to the individuals) or eadty(les)Mmed.below as GRANTEE. • • The GRANTOR trilby sells aid coaveys.theproperty to the GRANTEE boa the GRANTOR warrants the dhoti,the property;except ' for(1)the lichee lanes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record(3)ant Patenrieservadons.and exceptions(4)any outstanding mineral interim show¢of record,(5),,any, prom mvem cdvents and xesmc¢oosshown ofmcord(O any additional matters shown below under'Addieional'Waxnory Axcepuohs'. and(7)subjeix ro building and zoning reguladoos. $65.00 The Specific Terms or Ilia Deed Are: - . Grantor. Oho rmme(Qand plugs)afraidmm:if the spouse of Mc ownergmvar is joining In Nis Dead to mia=bomard rights,identify gomors as. Mahood-pit wife.) APB BROADCASTING COMPANY,INC.,A COLORADO CORPORATION • STATE D0CUM AR�/Y.FEE . Grafton: (ciao mrne(s.asdsddras(es);statement of address.inewdlogsvuInblo road orsnasmoba.) Date , i0 f 91. . TSUNAMI CONIMUNxCAT[ON INC.,A COLORADO CORPORATION. .S 5;00 • • Form of Co-Ownership: (If that area=or mart grant==ad.they will he considered to it as came is commonodas Nr words'ia joint • tenancy'or wards of the tame reman5 art added it Sot spars below.) • Property Description (hrdude county and sane.) • SEE ATTACHED EXHIBIT A B 1446 REC 02392815 06/10/94 15:44 $15.00 1/003 .. F 0485 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO• , CO Property Addresn • - . Cocddeeadem ant statement arodollar smooth°pdeaJ,adequammesid=rioafor fish'dud will beprwmduelms this convryoom bidmdfied . SDC HUNDRED m a TH0USANDIn my mut N AM 00/100 absolute.fwd and uamadiibaai.) • Remrvadom-Rmhedom: (If the GRANTOR founds to reserve any buret in the property or to mosey l=than is awed,as it the GRANTOR Is . =¢INag the GRANTEE'S rifle In the property,trice appmryiere indication.) ' Additional Warranty Exceptloos (Include deeds of pars hang assumed and ether=teem as coveted above.) SEE'ATTACHED EXHIBIT B • • Executed by the Grntor,ouRUNE 9. 1994 . Signature for Corporation,Partnership,or Association: Signature for Individuals): APR B ADCASIING COMPANY.INC.,A COLORADO CORPORATION AKA APB BROADCASTING INC. 'Net of Gnomon Co radon, ��P..arrtn�ems�hip l or Association Grantor• WILLIE 11 ENT v Grantor By - +... . Vr \ Grantor Antic II rc � . STA •a OLORADO CO - OF "a a 3'* • The'fo eing';inSimInentvt acknowledged before me this 9th day of JUNE,1994' ' Br.AP- :ROADCASTIN COMPANY,INC,A COLORADO CORPORATION AAA APB BROADCASTING,INC.,BY WILLIE D. • • DAVIS,.P a t-r • �aSS'. ale J Wy mm myh'ood and z.O TOB hlyyxp...18pR Y,.pira:,:OCTOBER 20,1997 C Notary Public r TA jC)R'Y )m. 1221 3TH AVE.;GREELEY,CO.' e.-IC • ::r" li go'hgfe intent was acknowledged before me this day of . s2: ~f,F.Ub - . �'.' '. ke:: .(o them w dull ra- - .('i(amGn ci ecru Grantor(s) r if cancer it Caryoraof p rmaship;or Aaai ilzal men ter()o liners In nrmidenxarvim president and Secretary ' • or eais+mdurreary ofmcpomdan:ormpumcr(s)of psmmship;arss mWo�iad member(s)of association.) ' WITNESF My hand mid-official My commission expirs: Notary Public . • O 1981 UPDATE LEGAL FORMS WCfC No.201-L . B 1446 EEC 02392815 06/10/94 15:44 $1500 2/003 F 0486 MARY ANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO EXHIBIT A To WARRANTY DEED DATED: JUNE 9, 1994 GRANTOR: APE BROADCASTING COMPANY, INC., A COLORADO CORPORATION GRANTEE: TSUNAMI COMMUNICATION INC., A COLORADO CORPORATION Part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range' 67 West of the 6th P.M., County of Weld, State of Colorado, being described,as: Beginning at the W1/4 Corner of said Section 33; thence North 89°.24' 20" East on an-assumed bearing,along the East-West centerline of said Section 33' a. • ' distance of 1'80.00 feet to the True Point of Beginning; thence North 00 0 00' 00" East parallel to the West line of said Section 33 and along the East R.O.W. line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89° 24' 20" East parallel to.the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32° 4T' 1'9" East,, a distance of 1416.40 feet; thence South 00° 00' 00" West_parallel to the West line of.said Section 33, a distance of 300.00 feet to a point' on the East-West Centerline of section 33; thence South.89° 24' 20" West along said East-West Centerline, a distance of 1700',00 to the True Point of Beginning. TOGETHER WITHa 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Services Company Right-of-Way, located in the Northwest One-Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, said centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33, which bears North 00° 00' 00" East; 645.08 feet from the West One-Quarter Corner of said Section 33; thence North•.87 15' 16" East on an-assumed bearing along an extension of the centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning of said access easement, said point being on the. Easterly Right-of-Way line of Weld County Road #17, thence North 87° 15' 16" East along said centerline of access easement, a distance of 150.17 feet to the East line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. TOGETHER RITE TEE RADIO TRANSMISSION TOWER SITUATED THEREON. B 1446 REC 02392815 06/10/94 15 :44 $15.00 3/003 F 0487 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT B TO WARRANTY DEED DATED: JUNE 9 , 1994 • GRANTOR: APB BROADCASTING COMPANY, INC. , A COLORADO CORPORATION GRANTEE': TSUNAMI COMMUNICATION INC. , A COLORADO CORPORATION • 1. LEASE'AGREEMENT DATED AS OF MARCH. 18,_ 1994, BY AND BETWEEN APB • BROADCASTING, INC.. AND . TSUNAMI COMMUNICATIONS, INC. AND TSUNAMI COMMUNICATIONS, INC. , AS .AMENDED ON JUNE 8', 1994 . 2. LEASE. AGREEMENT DATED MARCH 11, 1.993,: BY AND BETWEEN APS BROADCASTING, INC. , AND PREMIERE RADIO NETWORKS, INC. 3': .RADIO TOWER LEASE AGREEMENT EXECUTED FEBRUARY 27, 1992, WITH ' AMOCO PRODUCTION COMPANY. 4 . LEASE. SITE FACILITIES LEASE DATED JANUARY .31; 1994 WITH PAGING NETWORKS OF COLORADO, INC. 5.• LEASE SITE FOR COMMUNICATION FACILITIES LEASE #2 DATED JANUARY 31, 1994 WITH PAGGING NETWORKS' OF COLORADO, INC. 6.. LEASE-AGREEMENT' DATED APRIL L5' , 1992 WITH WESTERN CITIES BROADCASTING COMPANY, INC. 7... JOINT. :USE AGREEMENT DATED DECEMBER 15, 1988 WITH AMOCO PRODUCTION COMPANY. Colorado Secretary of State - Sulijary Page 1 of 1 • of r d of Scat;Bernie Buescher • " s � €s Secretary tatvi ,ea Buisiness Division Home I Business I Elections I Licensing Press I About Us I Contact Us For this Record... History&Documents View Trademarks Summary Cert of Good Standing File a Document Subscribe Email Notification ID Number: 20001174128 Unsubscribe Email Notification Name: CITICASTERS CO. 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Business Information Business Search Principal Street Address: Principal Mailing Address: FAQs,Glossary and Information Status: Nonqualified Survivor of a Merger Form: Foreign Corporation Jurisdiction: Ohio Formation Date: Term of Duration: Annual Report Month: You may: • View History and Documents • File a Document • Subscribe to E-mail Notification Regarding this Record • Unsubscribe from E-mail Notification Regarding this Record Previous Page Search I Accessibility I Privacy statement I Terms of use 1700 Broadway,Denver CO 80290 I 303-894-2200 I sos.businessiysos.state.co.us http://www.sos.state.co.us/biz/BusinessEntityD etail.do?quitButtonD estimation=BusinessEn... 6/11/2010 • Document processing fee .. If document is filed on paper $150.00 • If document is filed electronically Currently Not Available Fees&forms/cover sheets arc • subject to change. - 2u091675923 C To file electronically,access instructions s 3(-10.00 for this form/cover sheet and other SECRETARY OF STATE information or print copies of filed 12-29-2009 14:37:51 • documents,visit www.sos.state.co.us and select Business Center. • Paper documents must be typewritten or machine printed. taove SPACErc t MICE USE ONLY Statement of'Merger (Surviving Entity is a Foreign Entity) filed pursuant to§7-90-203.7 and§7-90-204.5 of the Colorado Revised Statutes(C.R.S.) 1. For each Igeraing entity,its ID number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and principal address are ' (Caution: At least one merging entity muss be an ent fry fanned miler she laws of Colorado.) ID Number 19871722036 (Colorado Secretory ofSrate!D ember) Entity name or true name Jacor Broadcasting of Colorado,Inc. Form of entity Corporation Jurisdiction Colorado • Street address 200 E.Busse Road . • (Street number saran) rmn e) • • San Antonio TX 78209 lC✓y1 (State) (ZIP/Postal Code) USA (Province-fopplicable) (Gauntry) Mailing address (leave blank if same as street address) (Street?ember and name or Past Office Sax informadon) . (Ci)) (Sore) (ZIP/PondCode) (Pretence-VappIteable) (Country) ID Number • (Cororado Secremry a/'State ID menbee) Entity name or true name Form of entity MERGE FON Page I of 5 . • Rev.52912007 Jurisdiction Street address (Street number and name) .... P)) (State) (ZIP/Natal Code) (Province-ff applkabte) (Colon) Mailing address (leave blank if same as street address) (Street number and name or Past Office Box information) rib') (State) (ZIP/Papal Code) (Province-(.tpplicabte) (Coantry) ID Number (Colorado Secretary of Slate ID member) Entity name or true name Form of entity Jurisdiction Street address (Street number and name) (�iHl (Stara) (ZIP/Facial Code) (Province—(applicable) (County) Mailing address• (leave blank if same as street address) • (Street manber and name or Pose Office Box information) (Cl0) (State) (ZIP/Postal Code) (Province—rapplimble) (Cotwtry) (If the following statement applies.adopt the statement by marking the box and Include an attachment) O There are more than three merging entities and the ID number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and the principal address of each additional merging entity is stated in an attachment 2. For the surviving entity which is a foreign entity,its entity ID number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and principal.address are (Caution: The surviving entity cannot be an entity fanned under the laws of Colorado.) ID Number (Colorado Secretary of&ate m number) MERGE_FGN Page of 5 Rev.5/29/2007 • Entity name or true name Citicasters Co. Form of entity Corporation • Jurisdiction Ohio Street address 200 E.Sasse Road (Street manner and name) San Antonio TX 78209 (Store) (LIP/Postal Code) USA (Province—IIcwNkoble) (Coad7') Mailing address (leave blank if same as streetaddress) (Street number and name or PostOfftce Bea information) (t7I0 (State) (21P(PosWlCode) (Province—ifepplicabk) (Coutry) 3. Each merging entity has been merged into the surviving foreign entity. 4.(lfrhe following statement applies,adapt the.uatemnaby marking the bat and nate the appropriate document mmber(s).) D One or more of the merging entities is a registrant of a trademark described in a filed document in the records of the secretary of state and the document number of each filed document is • Document number Document number Document number (/fthe following statement applies,adopt the statement by taarlang the box and Include an attachment) ❑ There are more than three trademarks and the document number of each additional trademark is stated in an attachment. • 5. (Mark the applicable box and complete the statement.Can lion: Mark only one box.) . ❑ The surviving foreign entity maintains a registered agent in this state. OR ❑✓ The surviving foreign entity does not maintain a registered agent in this state and service of process may be addressed to the entity and mailed to the principal address pursuant to section 7-90-704(2), C.R.S. OR o The surviving foreign entity has not maintained a risteredagent in this state and appoints a registered agent to accept service pursuant to section 7-90-204.5,C.R.S. The person appointed as registered agent-has consented to being so appointed. Such registered agent's name and address are Name (if an individual) • (tart) (Flrn) (Middle) (Suffix) MERGE_FON Page 30(.5 • Rev.5/292007 • • OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address (i?ernl number and name) CO (CiV) (Site) . (ZIP Code) ),tailing address . (leave blank,if same as street address) (Streit member andn-ee or Post Office Bar information) SO (ON) (State) (ZIP Code) 6. (If applicable.adopt the following statement by marking the box and include an attachment.) El This document contains additional information as provided by law. 7.(Caution: Leave blank 4f the document does not have a delayed41,ctive date. Staling a delayed effective date has significant legal consequences. Read instructions before entering a date) (hf the following statement applies,adopt the statement by entering a date and,dapplicable,time using the required format) The delayed effective date and,if applicable,time of this document are 'ant' tt5S"'°'asa a• (mddd/ylyy have.miwrr am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or • acknowledgment of each individual causing such delivery,tinder penalties of perjury,that such document is • such individual's act and deed,or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.and,if applicable,the constituent documents and the organic statutes,and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part,the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State,whether or not such individual is identified in this document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing this document to be delivered for filing are Bick Scott T. Iau ) (Middle) (SYuffix) 200 E. Basso (Firs Road (Street mumble and name or Past Office Bat bnfonnation) San Antonio TX 78209 Pad (State) (IJP/Postar Code) USA (PImino—fofpltcable) (Country) (7f applicable,adopt the following statementbymarkingthe box tmdvde an attachmen)) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. • MERGE_FGN Page 4 of 5 . Rev.5/19/2007 • • Disclaimer: This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal,business or tax advisor(s). MERGE pGN page 5 of 5 Rev.5/29/2007 • Colorado Secretary of State-�umm Page 1 azY g of I SccretdIr of State,Betple7. 3:ti eheM°. hla"{'• ,r `r' �. 1":":'"" .sus:•4• n t q•�5 C L. y'�y •1/1�•t t s-1,1' ..:...•. t s .,_�•..�;•j, '•.;'r, �1.-;'/41 ' �-1J�.4D .L,F'l.,J V1•►!: :':Ft`•Y't S" �ir. 3.-.!`r�I�i. rf1 .}fF'i�f .wP-n-a:i��%:{�.. fn4 �'r- • Home I Business I Elections I Licensing Press I About Us I Contact Us For this Record... History&Documents View Trademarks Sum ma ry File a Document Email Notification ID Number: 19871722036 Business Homo Name: JACOR BROADCASTING OF COLORADO,INC. Business Information Business Search — -- — —— -- ---- Registered Agent: CORPORATION SERVICE COMPANY FAQs,Glossary and Registered Agent Street Address: 1560 Broadway Ste 2090,Denver,CO 80202,United States Information Registered Agent Mailing Address: Principal Street Address: 200 E BASSE RD,SAN ANTONIO,TX 78209,United States Principal Mailing Address: Status: Merged Form: Corporation Jurisdiction: Colorado Formation Date: 04/23/1987 Term of Duration: Perpetual Annual Report Month: April You may: • View History and Documents • View Trademarks • File a Document • Set Up Email Notification or Unsubscribe Previous Pape Search I Accessibility I Privacy statement I Terms of use 1700 Broadway,Denver CO 80290 1 303-894-2200 I sos.businessiDsos.state.co us • http://www.sos.state.co.us/bizJBusinessEntityDetail.do?quitButtonDestination—=BusinessEn... 3/25/2010 • • MRR-08-2002 10:16 CT CORPORATION • 7137591950 P.02/10 • • FILED t ONLITA DAVIDSON COLORADO SWCLeL•I'ARY OFSTA7R ARTICLES OF MERGER 20021056813 C $07 20,00 OF SECRETARY OF 5Tr�TE • d fd- /q $/ °876 7 03-08-2002 12:49.`20 TSUNAMI COMMUNICATIONS,INC. (a Colorado corporation) • WITH ANDINTO • dye _/9S777zz 6 JACOB BROADCASTING OF COLORADO,INC. N C 5 (a Colorado corporation) (4516/t) Pursuant to the provisions of Section 7-111-103 of the Colorado Business Corporation Act, the undersigned corporations set forth the following Articles of Merger (the "Articles") for the purpose of merging TSUNAMI COMMUNICATIONS, INC.. ("Tsunami") with and into JACOR BROADCASTING OF COLORADO, INC. ("IBC"), with JBC being the surviving entity (such merger being hereinafter referred to is the"Merger"): I. The name and state of incorporation of'the surviving entity of the''merger (the "Surviving Entity"),a domestid for-profit corporation, is as follows: Name • State of Incorporation • Jacor Broadcasting of Colorado,Inc. Colorado 2. The names and states of incorporation of each of the constituent entities (the "Constituent Entities"),both domestic for-profit corporations,are as follows: • Name State of Incorporation • Tsunami Communications,Inc. Colorado Jacor Broadcasting of Colorado, Inc. Colorado 3. Each of the Constituent Entities has complied with the laws of the state under which it exists and such laws permit the Merger. • 4. The executed Agreement and Plan of Merger (the "Plan of Merger") dared December )'f ,2001, by and between Tsunami and JBC is attached as Exhibit A. 5. The Plan of Merger is authorized on behalf of each of the Constituent Ertities and the persons signing this Certificate on behalf of each of the Constituent Entities are duly authorized to do so. . • 6. Shareholder approval was not required, 3779103 • i It` • COMPUTER UPDATE COMPLETE MW .�µ • MAR-08-2002 10:16 CT CORPORATION 7137591950 P.03/10 • • 7. The principal place of business of the Surviving Entity is 200 E. Basse Road, San Antonio,Texas 78209; 8. Immediately prior to the Merger, JBC owned'100% of the outstanding shares of Tsunami. • 9.. The Merger is effective upon filing. 10. The Articles of Incorporation of Citicasters shall continue unchanged after the Merger until changed or amended as provided by law. 11. As to each of the Constituent Entities,the Plan of Merger and the performance of its terms were duly authorized by all action required by the taws of the state under which it was incorporated and by its constituent documents.12. IBC, as the surviving ble for the payment of all fees • and franchise taxes of each corporation, t o he ConsttituentEntities and w be ill to pay such fees and franchise taxes if the same are not timely paid. • 377910,1 • • MAR-09-2002 10:16 CT CORPORATION 7137591950 P.04/10 IN WITNESS W-IEREOF, the undersigned corporations have caused the Articles to be signed by their duly authorized officers,on this Lay ofDecember,2001. JACOR BROADCASTING OF COLORA ,INC. By: Richard W.Wolt Vice Fres'`"a` • 377910.1 MAR-09-2002 10:16 CT CORPORATION 7137591950 P.06/10 • • AGREEMENT AND PLAN OF MERGER • This AGREEMENT AND PLAN OF MERGER ("Plan of Merger") made and entered into as of the Lt'day of December, 2001, by and between Tsunami Communications, Inc., a Colorado corporation ("Tsunami"), and Jacor Broadcasting of Colorado, Inc., a Colorado corporation ("JBC"), being sometimes hereinafter together referred to as the "Constituent Corporations." WITNESSETH WHEREAS,IBC is a corporation duly organized and existing under the laws of the State of Colorado,and having authorized capital stock consisting of 750 shares of common stock, with no par value(the"JBC Common Stock"),of which 1O0 shares arc outstanding; WHEREAS,Tsunami is acorporation duly organized and existing under the laws of the State of Colorado, and having authorized capital stock consisting of 1,000 shares of common ' stock,with no par value(the"Tsunami Common Stock"),of which 66 shares sre outstanding; WHEREAS, JBC is the parent of Tsunami, owning all of the outstanding Tsunami Common Stock; WHEREAS, the Board of Directors of each of the Constituent Corporations deems it advisable for the general welfare and to the benefit of such corporations and their respective . shareholders that Tsunami merge with and into JBC pursuant to Sections 7-111-1O1 et.sag. of the • Colorado Business Corporation Act(the"CBCA"); WHEREAS, the respective Boards of Directors of the Constituent Corporations have, by • resolutions duly adopted, approved this Plan of Merger and directed that it be executed by the undersigned officers;and • WHEREAS, it is the intention of the Constituent Corporations that the Merger (as hereinafter defined)shall be a tax-free reorganization pursuant to the provisions of the Internal Revenue Code of 1486;as amended; NOW,THEREFORE, in consideration of the premises and the mutual agreements herein contained, the parties hereby agree, in accordance with the applicable provisions of the laws of the State of Colorado,that the Constituent Corporations shall be merged into a single corporation, to-wit: Iacor Broadcasting of Colorado, Inc., a Colorado corporation, one of the Constituent Corporations, which shall be the corporation surviving the merger (said corporation hereafter being sometimes called the"Surviving Corporation"),and the terms and conditions of the merger hereby agreed upon (hereafter called the "Merger") which the parties covenant to observe, keep and perform,and the mode of carrying the same into effect shall be as hereafter set forth:' • 177971.1 MAR-0B-2002 10 17 CT CORPORATION 7137591950 P.07/10 ARTICLE 1 EFFECTIVE DATE • If this Plan of Merger is not terminated and abandoned pursuant to the provisions of Article VII hereof,Articles of Merger shall be filed with the Secretary of State of Colorado. The Merger shall be effective upon •fa.i g I (the`Effective Date"). On the Effective Date, the separate existence of Tsunami shall cease and Tsunami shall be merged into the Surviving Corporation. ARTICLE II CERTIFICATE OF INCORPORATION; BY-LAWS; DIRECTORS AND OFFICERS • The Certificate of Incorporation of IBC shall continue unchanged after the Merger until changed or amended as provided by law. • The By-Laws of JBC shall continue unchanged after the Merger until changed or amended as provided by law. The directors and officers of JBC immediately prior to the Effective Date shall constitute the directors and officers of the Surviving Corporation immediately following the Effective Date, Such officers and directors of JBC shall•hold their positions until their resignation or removal or the election or appointment of their successors in the manner provided by the Certificate of Incorporation and Bylaws of the Surviving Corporation and applicable law, ARTICLE III CONVERSION OF SHARES IN THE MERGER The mode of carrying into effect the Merger provided for herein, and the manner and basis of converting the shares of the Constituent Corporations,are as follows; 1. Each share of Tsunami Common Stock which shall be issued and outstanding as of the Effective Date shall be cancelled and retired,all•rights in respect thereof shall cease to exist and no shares of Tsunami Common Stock,JBC Common Stock or other securities of Tsunami or IBC shall be issuable with respect thereto. 2. Each share of JBC Common Stock which shall be issued and outstanding as of the Effective Date shall remain issued and outstanding. 3, There are no reasonable grounds to believe the foregoing treatment of the shares will render the Surviving Corporation insolvent, • 377973.1 • MRR-OS-2002 10:17 • CT CORPORRTION • 7137591950 P.09/10 • Merger pursuant to this Article VII, this Plan of Merger shall become void and have no effect, without any liability on the part of either of the Constituent Corporations or their shareholders.or directors or officers in respect thereof, to the extent permitted by applicable law. ARTICLE VII AMENDMENT To the extent permitted by applicable law, Tsunami and IBC, by mutual consent of'their respective Boards of Directors, may amend this Plan of Merger in such manner as may be agreed upon by them in writing at any time; provided, however, no'Such amendment shall be made which shall affect the rights of the shareholders of Tsunami or the shareholders of JBC in a manner which; in the judgment of the Boards of Directors of Tsunami or JBC, respectively, is materially adverse to such shareholders,without the further approval of such shareholders. ARTICLE VIII FURTHER ASSURANCES • If at any time the Surviving Corporation shall consider or be advised that any further assignment or assurance in law or other action is necessary or desirable to vest, perfect, or confirm,of record or otherwise, in the Surviving Corporation, the title to any property or rights of• Tsunami,acquired or to be acquired by or as a result of the Merger, the proper officers and directors of the Surviving Cd'rporation shall be and they hereby are severally and fully.authorized • to execute and deliver such proper.deeds,assignments and assurances in law, and take such other . action as may be necessary or proper in the name of Tsunami or JBC to vest,perfect or confirm title to such property or rights in the Surviving Corporation and otherwise carry out the purposes of this Plan of Merger. • ARTICLE IX COUNTERPARTS This Plan of Merger may be executed in multiple counterparts, each of which when so executed shall be deemed to be an original, and such counterparts taken together shall constitute but one and the same instniment. • • • 377973.1 MAR-0B-2002 10:17 •. CT CORPORATION e 7137591950 P.08/10 • • • • • • • • ARTICLE IV • EFFECT OF THE MERGER On the Effective Dare, the separate existence of each Constituent Corporation(other than the Surviving Corporation) shall cease, except that whenever a conveyance,assignment,transfer, deed, or other instrument or act is necessary to "vest property or rights in the Surviving Corporation, the officers, or other authorized representative of the respective Constituent Corporations shall execute, acknowledge, and deliver such instruments and do.such acts. For • these purposes, the existence of the Constituent Corporations and the authority of their respective officers, directors, or other authorized representatives is continued notwithstanding the Merger, • The Surviving Corporation shall possess all assets and property of every description, and every interest in the assets and property, wherever located, and the.rights,•privileges, immunities, powers, franchises, and'authority, of a public as well as of a private nature, of each Constituent Corporation,and all obligations belonging to or due to each Constituent Corporation,all of which are vested in the Surviving Corporation'without further actor deed, Title to any real estate or any interest in the real estate vested in any Constituent Corporation shill not revert or in any way be impaired by reason of such merger or consolidation. The Surviving Corporation is liable for all the obligations of=Oh Constituent Corporation, including liability to dissenting shareholders. Any claim existing or any action or proceeding pending .by or against any.Constituent Corporation may be prosecuted to judgment,with right or appeal;as if the Merger had not taken place,or the Surviving Corporation may be substituted in Its place, All rights of creditors of each ' Constituent Corporation are preserved unimpaired, and all liens upon the property of any Constituent Corporation are preserved unimpaired, on only the property affected by such liens immediately prior to the Effective Date. • • ARTICLE V ACCOUNTING MATTERS The assets and liabilities of the Constituent Corporations,as of the Effective Date of the Merger,shall be taken upon the books of the Surviving Corporation at the amounts at which they shall be carried at that time on the books of the respective Constituent Corporations, subject to such adjustments or eliminations of inter-company items as may be appropriate in giving effect to the Merger. The amount of the capital surplus and earned surplus accounts, if any, of the Surviving Corporation after the Merger shall be determined by the Board of Directors of the Surviving Corporation in accordance with the laws of the State of Colorado and with generally accepted accounting principles. ARTICLE VI ABANDONMENT This Plan of Merger may be abandoned at any time before or after authorization thereof by the Board of Directors of JBC evidenced by appropriate resolutions but not later than.the Effective Date. In the event or the termination and abandonment of this Plan of Merger and the 377913.1 • . • MAR-0B-2002 10 17 CT CORPORATION 7137591950 P.10/10 • IN WITNESS WHEREOF, Tsunami and JBC, pursuant to the approval and authority duly given by resolutions adopted by their respective Boards of Directors, have each caused this Plan of Merger to be executed by its duly authorized officers, all as of the day and year first above written. TSUNAMI COMMUNICATIONS,INC„ a Colorado corporation By: chard W.Wolf,Vice Presid nt JACOR BROADCASTING OF COLORADO, INC.,a Colorado corporation , • By, chard W,Wolf,'Vice Presid t • • • • • • • 379973.1 • ' • • TOTAL P.10 t ' • • AR2312815 " Warranty Deed THIS DEED.ls.a.conveysnce of the real property described below.including any improvements and other appurtenances(the "ProPaa>'')fioexrbe individual(s),corporarion(s),pareremhip(s),or otherentity(ies)named below as GRANTOR to the individual(s) or endtyFes)domed below as GRANTEE. • • The GRANTOR hereby sells and conveys.thepropeny to the GRANTEE addle GRANTOR warrants the dde m the proyerty,exe:pe • for(1)the lieR.of the general property taxes forte year of this deed,whibh the GRANTEE will pay(2)any easements-and-rights-of, way shown of record(3)any 13;mm:feserrations and exceptions(4)shy outstanding mineral Interests shown,of record,(5)any, protective roveoaots and resnunom shown ofineord(u)any additional matters shown below under Additional Warranty Exceptions^, and(7)iubJecc'n building and zoning regulation. D.F.: . $65.00 The Spedf lta c Terms of Deed Arc . - Grantor, (Give mme(s)sod plies(s)eftsWm¢:If the spouse of the miser-grater Pickling iO ibis Ded to rtlnrc bomemxd rights.idwviry nrutar,as. • husbaodasdwife.) . APB BROADCASTING COMPANY,INC.,A COLORADO CORPORATION • STATE DOCUM ARY.FEE. Grantee: (Glveromds)).andaddrss(e);saemar or address.including aaiWle road or svn number.) Date . /c /941. ' TSUNAMI COMMUNICATION INC.,A COLORADO CORPORATION 5;;00 . ' Form of Co-Ownership: Of tae ammo or more grapes mod.they wbl be considered to take as town in common unless the words'la joint wary'or words of the sane minting x added it the stare below.) • Property Description (Include may and son.) ' SEE ATTACHED EXHIBIT A : • . B 1446 REC 02392815 06/10/94 15:44 $15.00 1/003 • • F 0485 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Property Address: Ceoddenrien: (The amemeetofa dolls moans is opdhml,ade9'+'mmmldaanhn for this;iced will be presumed Mims this mover=Is Identified . . SIX HUNDRED a a IFM THOUSAND.AM 001100 In any case this Mugu=Is 'foul and unconditional.) - . Reemation,•RaMedoos: (If the GRANTOR iomnds to ramsa am Imam in the prepeny or to convey less than h owned,or it the GRANTOR IS . bsddhry the GRANTEE'S right In in property,make appropriate iadtation.) ' Additional mammy Fxceptinoas Boded;dads of auto bens resumed end other moans am covered above.) . SEE/ATTACHED EXFi®TT a Executed by the Greanr•oa JUNE 9. 1994 5i nature for Corporation,Paaneahip or Amocindom Signature for Individual(s): • An 8 ADCASTING:COMPANY,INC.,A COLORADO CORPORATION AKA APR BROADCASTING.INC. . 'N of Gonmr. Co radon, ��Partnership or Association - Grantor • WILLIE D: ENT Grantor BYA.' Grantor • Attest _l f, STA • OLORADO 3m CO OF •^a e The`fo -sing-iiniirumeoi• JUNE, ,. ..acknowledged before me this 9th day of NE,1994. Bye'.AP• :Re-• h :COMPANY,INC.,A COLORADO CORPORATION AKA-APB BROADCASTING,INC.,BY WILLIE D. • • DAVIS,.P ' . .. �SS�F. W)1fab5S ileS paad 1.00Tsed. hTyepmmnfa"�Rot expiry OCTOBER 20,1997 • Notary Public ?wS.fiA �OF:Y 3- 1221 8TH AVE.;GREELEY,CO: • -%;UR egoipggiSmq+tment was acknowledged before me Nis day of• ,.or aminntiMcrelay or=madam rs mGra s isCeporaofp rmershlp ran.nthoil.4on.dim iem)fo asrcrstinraiderrtar vi¢praidensandsrcresvy 6r.torsi......eduy of mrpomdon:or as psmer(s)of parmasAip;or m•udoeixd mmbeQx)orassmiadonJ • WITNESSAmy hand and official-seal. • My commission expires: Notary Public 01981 UPDATE LEGAL FORMS WCTC NO.201-L •815 OF 0486 MARY ANN Z / S a FEUERSTEINCLERK & RECORDER WELD Co, CO EXHIBIT A TO WARRANTY DEED DATED: CONE 9, 1994 GRANTOR: APE BROADCASTING. COMPANY, INC., A COLORADO CORPORATION GRANTEE: TSUNAMI COMMUNICATION INC., A COLORADO CORPORATION Part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range' • 67 West of the 6th P.M., County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said section 33; thence North 890.24' 20" East on an•assumed bearing,along the East-west centerline of said Section 33 a. distance of 180.00 feet to the True Point of Beginning; thence North 00 6 00' OD" East parallel to the west line of said Section 33 and along the East R.O.W. line of a 180.00 foot RR.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 24' 20" East parallel to.the East=West Centerline of said Section 33, a distance of 935.00 feet; thence South 32° 41" 19" East,. a distance of 1416.40 feet; thence South 000 00' 00" West.parallel' to the West line of.said Section 3'3, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South.090 24' 20" West along said East-West Centerline, a distance of :L700:00 to the True Point of Beginning. TOGhLu_R WITH.a 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Services Company Right-of-Way, located in the Northwest One-Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of colored°, said centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33, which bears North 00° 00' 00" East; 545.00 feet from the West One-Quarter Corner of said Section 33; thence North-.87° 15' 16" East on an assumed bearing along an extension of the. centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning o£ said access easement, said point being on the Easterly Right-of-Way line of Weld County Road #17; thence North 87° 15' 16" East along said centerline of access easement, a distance of 150.17 feet to the East line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way, TOGETHER WITH TEE RADIO TRANSMISSION TOWER SITUATED THEREON. B 1446 REC 02392815 06/10/94 15 :44 $15.00 3/003 F 0487 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO • EXHIBIT B TO WARRANTY DEED DATED: JUNE 9 , 1994 GRANTOR: APB BROADCASTING COMPANY, INC. , A COLORADO CORPORATION GRANTEE': TSUNAMI COMMUNICATION INC. , A COLORADO CORPORATION 1. .LEASE AGREEMENT DATED AS OF MARCH: 18,.. 1994, BY AND BETWEEN APB BROADCASTING; INC.. AND .TSUNAMI COMMUNICATIONS, INC. AND TSUNAMI COMMUNICATIONS, INC. , AS AMENDED ON JUNE 8 1994 . 2. LEASE AGREEMENT DATED MARCH 11, 1.993,: BY AND BETWEEN APB BROADCASTING, INC. , AND PREMIERE RADIO NETWORKS, INC. 3'.. . .RADIO TOWER LEASE AGREEMENT EXECUTED FEBRUARY 27, 1992, WITH AMOCO PRODUCTION COMPANY. 4 . LEASE. SITE FOR COMMUNICATION FACILITIES LEASE DATED JANUARY 31; 1994 WITH PAGING NETWORKS OF COLORADO, INC. 5.• LEASE SITE FOR COMMUNICATION FACILITIES LEASE #2 DATED JANUARY 31, 1994 WITH PAGGING NETWORKS' OF COLORADO, INC. 6.. LEASE, .AGREEMENT DATED APRIL LI , 1992 WITH WESTERN CITIES BROADCASTING -COMPANY, INC. 7... ' JOINT .USE AGREEMENT DATED DECEMBER 15, 1988 WITH AMOCO PRODUCTION COMPANY. 0 XCe/EnergysM Siting and Land Rights 1800 Larimer Street, Suite 400 Denver, PUBLIC SERVICE COMPANY Telephone:303.571.7478 Facsimile:303.294.2088 November 11, 2010 Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 Attn: Kim Ogle Re: Town of Firestone / RE-5060 Public Service Company of Colorado (PSCo) has reviewed the plans for Town of Firestone / RE-5060 and does not have a conflict with this particular referral submittal. Please be advised that the Public Service Company of Colorado owns and operates an existing 230kV overhead electric transmission line within a close proximity to this request. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center for utility locates prior to any construction, and as an additional preventative measure, please indicate on construction plats/documents the following information: "Contact the Utility Notification Center at 1-800-922-1987, to have all underground utilities located prior to any digging.". The developer must contact the Builder's Call Line at 1-800-628-2121 and complete the application process. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details in order to provide gas and electric service to this project. If you have any questions about this referral response, please contact me at (303) 571- 7735. Thank You, Kathryn Bauer Contract Right of Way Processor Siting and Land Rights ay 8.XceI EnergysM WeW3"A Permits • Right of1123 Denver, PUBLIC SERVICE COMPANYColorado 80223 Telephone:303.5771..3306 Facsimile: 303.571.3524 November 8, 2010 Weld County Planning Services 1555 North 171h Avenue Greeley, Colorado 80631 Attn: Kim Ogle RE: Two Lot Recorded Exemption, # RE-5060 Public Service Company of Colorado (PSCo) has determined there is a conflict with the above captioned project. Public Service Company has an existing electric transmission line and associated land rights as shown within this property. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/developer/contractor to contact Mike Diehl at (303) 571- 7260 to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303-571-3306. Sincerely, Donna George Contract Right of Way Processor Public Service Company of Colorado Hello