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F8RIF w=o not 661E .a; ₹<ao nd nR .0<W <8a <8 ,-az w m<" 4. 6<�*zz< < o., E.coi'um'ow< 3=ki8 aiim zz du= pU�asog 901 01:61 raw 90 ;831101530 :a3+n's 22)i )aluaaJ0 —5anm9 uoilduwr3\ou!hold\eanun5\99n0\Zl9L3agAa\N :mrd A3ANf19 NOI1dW3X3 0VIVN On WV 902 'Ma Ol/6/A :nra litter DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINIS ADMINISTRATIVE REVIEW COLORADO Applicant: Vestas Blades America, Inc. RE-5031 Planner: Ogle Legal Description: Part SW4 Section 29, Ti N, R66W of the 6th P.M., Weld County, CO Parcel ID#: 1471-29-0-00-022 Lot A Size: 2.1+/-acres Lot B Size: 52+/-acres Water Source: Brighton Municipal Sewer System: Brighton Municipal 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. 1. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1471-29-3 RE-5031 B. There are three (3) septic systems associated with this site: G19710569, G19732498 and G19860132. Although the Greenhouses have been demolished, the Department of Environmental Health requests written documentation or other evidence that the septic systems have been properly abandoned. C. Lot B shall utilize the existing accesses, additional, new or relocation of access points must be coordinated with, and approved by the City of Brighton. 2010-3128 D. The City of Brighton has annexed this portion of County Road 4 (New Energy Drive). The applicant shall provide evidence of access approval from the City of Brighton for the proposed access off of County Road 4, New Energy Drive for access into Lot A E. All approved accesses shall be clearly shown on the plat. F. County Road 4 (New Energy Drive) has been annexed by the City of Brighton. 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 the City of Brighton. G. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. H. 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. 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. J. 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 permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Greater Brighton Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) 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) 9) 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) 10) 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 two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services. Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 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 $50.00 recording continuance charge may be added for each additional 3 month period. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date: June 27, 2010 Kim Ogle ❑ Planner Sent USMail June 27, 2010 Terry R. Bowen Senn Visciano Rosenstein P.G. 1801 California Street, Suite 4300 Denver, Colorado 80202 Hans Jespersen Vestas Blades America, Inc. 11140 Eastman Park Drive Windsor, Colorado 80550 0 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICE 91810Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.35401 FAX:970-304-6498 Date: P. /;i 20 /,; Receipt No. I :J Received From: . n;l, Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE Q. Cr'E cl,:.J 1 17 MISC. O CASH 51 CHECK NO. I s2+) TOTAL FEE 2'i - Receipted By: 4, : DL# Exp. • • �' \ Hf�3 ) *� i �\ N / � ( / { //) 5 a ,: „_, m `%m =6 ; m , CO \ m$r / ~ f _ _ ; c = '\»Aq __�e w _a_ & y \ La § ? _ -0, o ' =6 it / / \ / 6 cd \ ) \ rn NI rfi \ \ ¢ \ O m mow ; ` w2 ) \ ) OE; = � � uw /\ — cr 2 @ / o . m 2 = c o ¢ = m e g 22 m6. _ c / •• ) \ In . x � / • o / 22 \ ® § ! k \ } s ) : � § § / / ° _ - , z \ \ \ cr E ( 8 ) Eg } J- o a) § 2 § © @ z :dR 0 r ' f cm = o : & Z a0 � o ) §\B » Sd / {(\ ° ` 08 / °)/" Z 3 2 , - r �� \ 2 \ § k)\ \ 3.Q ; < WELOTYOLADO - DEPARTMENTDC OUNF PLANNING,COLORADO SERVICE 918107"STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 Date: 5'/ s 20 /6 Receipt No. i ..+ d� Received From: � • ( j ! i ;'. !( f l' Permit Type No. Description Fee 4221-RE/SE eV' tL /Cnp — 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-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH b'6HECK NO. e'en 3/ TOTAL FEE 'cc() — r Receipted By: �� // DL# Exp. 1 I SENN VISCIANO CANGES ROSENSTEIN P.C. ATTORNEYS AT LAW 1801 CALIFORNIA STREET, SUITE 4300 DENVER, COLORADO 80202-2604 Robert K. Karsted TELEPHONE (303) 298-1122 Paralegal FACSIMILE (303) 296-9101 RKarsted@SennLaw.com www.SennLaw.com August 18, 2010 VIA FEDERAL EXPRESS Weld County Planning Department Attention: Kim Ogle 1555 North 17th Avenue Greeley, Colorado 80631 Re: Recorded Exemption No. 1471-29-3 RE-5031 Our File No. 3780-029 Dear Kim: Submitted on behalf of Vestas Blades America, Inc. ("Vestas"), for signing by the Department of Planning Services, is the Mylar plat for Recorded Exemption No. 1471-29-3 RE-5031. Vestas signed the plat on August 11, 2010. Also enclosed are the supporting documents that satisfy the three(3) remaining conditions for approval and the Mylar plat recording fee. For requirement B, Lauren Light with the Department of Public Health and Environment signed a letter, dated July 28, 2010, acknowledging her department's satisfaction of the septic systems approval requirement. For requirement D, Mary Falconburg, the Community Development Director for the City of Brighton, provided evidence of access from Lot A to New Energy Drive. For requirement I, the Weld County Treasurer provided a Statement of Taxes Due, dated July 6, 2010. Finally, check number 2620 in the amount of$22.00 is included for recording the Mylar plat with the Weld County Clerk & Recorder. Upon recordation, please send a .pdf of the recorded Mylar plat to the following e-mail address: rkarsted@sennlaw.com. Should you have any questions regarding the enclosed, please do not hesitate to contact me. Very truly yours, Robert K. Karsted Paralegal RKK Encl. • • SENN VISCIANO GANGES ROSENSTEIN P.C. ATTORNEYS AT LAW 1801 CALIFORNIA STREET, SUITE 4300 DENVER, COLORADO 80202-2604 Robert K. Karsted TELEPHONE (303) 298-1122 Paralegal FACSIMILE (303)296-9101 RKarsted@SennLaw.com www.SennLaw.com July 28,2010 VIA E-MAIL:llight®co.weldco.us Weld County Department of Public Health and Environment Attention: Lauren Light 1555 North 17th Avenue Greeley, Colorado 80631 Re: Recorded Exemption No. 1471-29-3 RE-5031 Our File No.3780-029 Dear Lauren: On Thursday, July 1, we spoke about Vestas Blades America, Inc.'s ("Vestas") proposed Recorded Exemption("RE-5031") and the Department of Public Health and Environment's(the"Department") condition for approval, as contained in the Department's June 15, 2010, memorandum to Kim Ogle with the Weld County Planning Department. As discussed on the telephone, this letter serves to satisfy the Department's condition for approval as required by the Planning Department. In specific, we discussed the three septic systems located on the subject property. The three septic systems are: G197110569 (for an employee restroom to accommodate 40 people),G19732498 (for an employee restroom to accommodate 30 people) and G19860132 (to accommodate 12 people, foi a 1000 gallon tank). Permit numbers G197110569 and G19732498 both apply to the existing office building on the property. At this time,the office building is vacant,though Vestas does not have any immediate or pending plans to raze the structure. Vestas is retaining the existing office building in the event it becomes needed in the future. Upon the parcel's impending annexation into the city of Brighton, all existing and future structures will have sanitary and storm sewer service provided the city of Brighton. Permit number G19860132 applies to a razed greenhouse. As part of the greenhouse demolition,the septic system was destroyed. If the above corresponds with your recollection and meets the Department's satisfaction, please sign in the place designated below and return the original, via e-mail and first class mail, to me. My e- mail address is rkarsted@sennlaw.com. As requested by the Planning Department, I will include the returned signed letter in the mylar submittal package to be sent to Kim Ogle for final approval. � • v � SENN VISCIANO CANGES ROSENSTEIN P.C. July 28, 2010 Page 2 Should you have any questions or comments,please do not hesitate to contact me. Very truly yours, 4 Robert K.Karsted Paralegal Lauren Light,Weld County Dep t of Public Health and Environment • CITY OF lommunit Development ORIGWTi CHN Y22 South-t",Avenue Brighton,Colorado 80601 ` 303-GSA-2069 allow,uutnr,,irrritr) August 9,2010 Kim Ogle Weld County Planning Services 918 Tenth Street Greeley CO 80631 Ref: Vestas—RE Exemption and access to Lot A Dear Mr. Ogle: 1 am writing today in reference to a parcel of land located on New Energy Drive (previously Weld County Road 4)known as parcel number 147129000022. The City of Brighton has annexed the portion of road adjacent to this parcel and hereby acknowledges that the city win allow access from this parcel to New Energy Drive. In addition,the city is aware of the recent RE exemption process for Lot A and hereby acknowledges that the city will allow access from Lot A to New Energy Drive at a location to be further determined based on specific site planning. We have reviewed a conceptual plan for this lot and will work with the property owner to achieve optimal access at the time of development. Please don't hesitate to contact me should you require additional documentation for your files. Sincerely. 1/-K, Mary Paleonhurg, A .P Community Development Director cc: Senn Piscimro Kirsehenhmrn)PC 1801 Cali%rnia Street ii-1300 Denver, Co 80 202 Attn: Mark Senn, Esq. Administration•tiuildint,Division •Code Enforcement • Engineering Division• Planning Division Our Assrou...fuh;grity+ Vision+Stewardship=A Progressive Community r • Kim Ogle From: Robert K Karsted [RKarsted@sennlaw.com] Sent: Wednesday, July 28, 2010 12:31 PM To: Kim Ogle Subject: Recorded Exemption No. 1471-29-3 RE-5031 (Vestas) Attachments: Exemption Survey Submittal 2 7.26.10.pdf Kim: As requested and attached for your review is the revised Recorded Exemption plat(RE-5031)that reflects the Planning Department's comments from July 19, 2010. Please let me know if the attached draft plat is acceptable to you, and if so, I'll have the mylar prepared and transmitted to you for signatures. Thanks! Regards, Bob Karsted Robert Karsted Paralegal SENN VISCIANO CANGES ROSENSTEIN P.C. 1801 California, Suite 4300 Denver Colorado 80202 Phone: (303)298-1122 ext. 364 Fax: (303)296-9101 Email: rkarsted a,sennlaw.com DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any attachments)is not intended or written to be used by a taxpayer for the purpose of avoiding tax penalties under United States federal tax laws or promoting, marketing or recommending to another party any tax related transaction or matter addressed herein. EMAIL NOTICE AND DISCLAIMER: The information contained in this communication (including any attachments) is for the sole use of the intended recipient. It may contain proprietary, confidential or legally privileged information which may be exempt from disclosure under applicable law. No confidentiality or privilege is waived or lost by any mistransmission. If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. 1 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17' Avenue WI ID Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO July 19, 2010 Robert K. Karsted Senn Viscano Ganges Rosenstein P.C. 1801 California Street, Suite 4300 Denver, Colorado 80202 Subject: Recorded Exemption No. 1471-29-3 RE-5031 Review of RE Plat prior to recording Dear Robert: The Department of Planning Services has reviewed the submitted plat dated April 14, 2010 for Vestas Blades America, Inc. prepared by Nolte Associates of Centennial Colorado and has the following comments. Please remove the following text: "Being a Resubdivision of Parcel One of Record at Reception Number 3636805." Please remove all parcel lines not associated with this proposed Recorded Exemption; Please remove all notations concerning Weld County and City of Brighton; Please remove all notations of off premise roads, e.g., North Main Street; Please remove all delineation of roads not associated with this Recorded Exemption, RE-5031; Please remove all references to City of Brighton and Weld County on County Road 4. The Note below the callout for"New Energy Drive" is sufficient; Clarify the Note of dimension, the right-of-way is 30 feet to the north of centerline and the right- of-way is 40 feet to the south of centerline. The plat note calls out 60 feet of right-of-way for County Road 4. Please amend as applicable; • • Please remove the note "Paved Road" from the plat; Please remove all land ownership callouts, except for the identification of Lot B, this Recorded Exemption, RE-5031; Please remove the Board of County Commissioners Certificate Block, not applicable as this case was administratively approved by this office; Page 2 of 2. Amendment to Label "Notes" should read "General Notes" Insert new label, "Plat Notes" and renumber accordingly. With the amendments noted herein, please submit the document as a .pdf for final review prior to mylar preparation. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. Sincerely, • Kim le Planning Services Enclosures: Redlines of RE-5031 File: RE-5031 ec: Planning Correspondence SENN VISCIANO CANGES ROSENSTEIN P.C. ATTORNEYS AT LAW 1801 CALIFORNIA STREET, SUITE 4300 DENVER, COLORADO 80202-2604 Robert K. Karsted TELEPHONE (303) 298-1122 Paralegal FACSIMILE (303)296-9101 RKarsted@SennLaw.com www.SennLaw.com July 13,2010 VIA FEDERAL EXPRESS Weld County Planning Department Attention: Kim Ogle 1555 North 17th Avenue Greeley, Colorado 80631 Re: Recorded Exemption No. 1471-29-3 RE-5031 Our File No. 3780-029 Dear Kim: Submitted on behalf of Vestas Blades America, Inc., for review by the Department of Planning Services, are two (2) paper copies of the draft plat for Recorded Exemption No. 1471-23-3 RE-5031 (`RE"). Upon completion of the RE plat review, please let me know if you have any comments or whether it is acceptable to submit the Mylar for signatures and then recording with the Weld County Clerk & Recorder. Should you have any questions regarding the draft RE plat, please do not hesitate to contact me. Very truly yours, fiv4 40,9/Z.freast4 Robert K. Karsted Paralegal RKK Encl. Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, May 26, 2010 3:43 PM To: Ken Poncelow; 'joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'hprather@brightonco.gov'; 'Todd Hodges'; 'Mari Sanchez'; 'smcdowell@co.adams.co.us'; 'clarue@co.adams.co.us'; 'Joy Gerdom'; 'RDPETERS@up.com'; 'kkrengel@gbfpd.org' Subject: RE-5031 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5031) in which we ask that you review the attached material and send a referral to us by June 26, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (koqlee.co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! fcrkti.we rza wstew. 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: Wednesday, May 26, 2010 3:44 PM To: 'hjs@vestas.com' Subject: Case RE-5031 Attachments: Applicant letter.pdf Please see the attached letter. KrLsti,we tzawsLewu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 8054 PHONE: (970)353-6100100, Ext. 3540 FAX: (970)304-6498 COLORADO May 26, 2010 Vestas Blades America, Inc. do Hans Jespersen 11140 Eastman Park Dr Windsor CO 80550 Subject: RE-5031 - A Recorded Exemption located on a parcel of land described as Part SW4 of Section 29, Ti N, R66W 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 Brighton, Ft. Lupton, and Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Brighton, Ft. Lupton, and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Brighton at 303-655-2000, Ft. Lupton at 303-857- 6694, and Lochbuie at 303-655-9308, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, 114 o am signed by Kristineof Ran Flom Reason:igll amereauthornf this document Location:1555 N 17th Ave Date:201005.2615:02:15 0600' Kim Ogle Planner • kiOLTE BEYOND ENGINEERING April 20, 2010 wa0278/2 Mr. Kim Ogle Planning Manager Weld County Colorado 918 10th Street Greely, CO 80631 SUBJECT: Vestas Blades America, Inc Recorded Exemption (RE) Questionnaire Dear Mr. Ogle, Please find below the responses to the Recorded Exemption (RE) questionnaire. Please do not hesitate to contact me if you have any questions regarding the responses. 1. a. Water Service to the parcel will be provided by the City of Brighton. City water mains exist in New Energy Drive to the south of the parcel and in the Vestas Campus South Access Road,to the east of the property. The parcel lies within the city's utility service boundary. A will-serve letter from the Brighton Department of Utilities is submitted with the application package. The property retains a groundwater right for Well No. RF-542 dating from 1968. The specified flow from the well is 1000 gallons per minute and the specified use of the water is irrigation of plants in greenhouses. (Colorado Water Division I, Case No. W-488) b. There are no irrigation water shares associated with the property at this time. Irrigation water shares of the Fulton Ditch Irrigating Company that belonged to the previous property owner have been retained by the previous property owner and dissociated from the site. (Weld County Record ID: 36336806) 2. Sewer service to the parcel will be provided by the City of Brighton. A city sewer main exists in the Vestas Campus South Access Road to the east of the property. The parcel lies within the city's utility service boundary. A will-serve letter from the Brighton Department of Utilities is submitted with the application package. 3. The property is a mostly vacant undeveloped lot. There are no livestock or growing operations on the property at this time. The property was previously used as a commercial greenhouse site. An existing structure in the south-central portion of the parcel was previously used as an office and will continue to be used as such. A small outbuilding also remains in the northwest corner of the lot. 4. The newly created Lot A is 2.1 acres and is located at the southeast corner of the site. The new lot will be used for a Greater Brighton Fire Protection District fire station. 5. There are no unique physical characteristics to the site, although the site is adjacent to the Union Pacific Railroad and several private siding tracks operated by Vestas Blades America. NOLTE ASSOCIATES, INC. 8000 SOUTH CHESTER STREET, SUITE 200 CENTENNIAL, CO 80112 303.220.6400 TEL 303.220.9001 FAX WWW.NOLTE.COM April 20, 2010 S Page 2 6. The building envelope utilized on both parcels will be consistent with the Weld County code requirements. 7. There are no Business or Use by Special Review permits associated with the property. NOLTE ASSOCIATES, INC. I o w x w tI pOW ZN }m z Nco ¢L.OZ Lair O- Qv) ZN i f - z0 V)Qd CC a On ft EN I w p N p r�1 0 F O"� O Ls' 4 0O 3I0 wz I m awo' 0 ra Q~m� m LuI `a Z in w< 5� I g I� Jai N C N Z wph F VIZ CC W n W F� Xi K GI 0En Z Um 3N �Z r., W I`1 w M N OO f 0 J W W W Z O� o .0 a al C Cu) cm V OUW�z U d W C mQ .y ¢ ¢ CO b N D W I � 4 (A Q IW 1!'/sz„C'LZ Na I l m 3_ i_ H „rtcz ovoa \ O NF F �! 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N N 4kW zo commOdmu LL Q in N a3R r OZw UV Ucolfl � a Z n Z 0 O * I ,,,,7,--0 Ili Z O Z 0 y W J m00 ��..: I w�QZt_in yrcl tnpQ a mQnJN h �pz�= r3 �'-'wT[ w N UIII O Ir.: OU(Ni Q N Q }0}Z cc F 0 Z CC cl)<- I pzm 0_ ma m3z , - Zaf I °oa Li 0 0 �¢IY z LOU Cum mz mw_ F CC pNQ ra ¢� ¢E_ J n w Q m J Q in O co m o N 8 OL'i N m �� < �NO� •-C t° 0 O��U VIW IAQZ \ HQ �Ocp WW ILL Oll WJ WR'O w U"3 Piiciouwiariazv a w o ym • Lm FNQm ¢ Ew rc z � � a w w w w ul k7 o 00 Q 0?ZOmz Hz it, < wciz 3 < w 8 I I U¢O W d :2 :0 K Y ~ IraWcm> awoo 0 8 W W K(00° w Z b_::F K o-i f E _LC m}v ¢a G I W W m Q a c O c 0 r a aI Q¢wln¢wp wFIT w Vn QO¢ R? hp- m zln zw OZOzm ____—_____—__—_ OrMQzoiro S z Y n1 mUW .) amaa - Z w n Z J r Z r O W m c> CI: �a I NFKWOwow_ z zz �22Lo U0 3wjZwmwmyNjw m § 133_ G^ aO I m0'm'IF mF NQO e 3 211S Nlb Hied zoa I �o0 Luz maz rz�mF ` Z3 yZIJmOi6w. w�O a I0 OQ mW as a0 a0 iG0- igs$4J NW`G Iy�IyIIE jMJ Fw i WHrF� Iry b • • s33ai aao49Jd39 Moke:vt, i`Pe APPLICATION FLOW SHEET W COLORADO APPLICANT: VESTAS BLADES AMERICA, INC. CASE #: RE-5031 REQUEST: TWO LOT RECORDED EXEMPTION LEGAL: PT SW4 29-1-66 LOCATION: NORTH OF AND ADJACENT TO CR 4; EAST OF COUNTY ROAD 27 PARCEL ID #: 1471-29-0-00-022 ACRES: 55 Date By Application Received 5-224-2010 COURIER Application Completed 5-26-2010 Ogle Referrals listed Vicinity map prepared File assembled 5'99 IlD 1/12. Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: 1dti10itt 7 r Board of County Commissioners hearing(if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received ,/ pate Plat recorded and filed �^�,2p Yjs/Q 0 17) -(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 SENN VISCIANO ROSENSTEIN P.C. ATTORNEYS AT LAW 1801 CALIFORNIA STREET, SUITE 4300 DENVER, COLORADO 80202-2604 TELEPHONE (303)298-1122 FACSIMILE (303)296-9101 Terry R. Bowen www.SennLaw.com TBowen@SennLaw.com May 24, 2010 I_ [_. Via Messenger Delivery - Mr. Bruce BarkerNAY 24 County Attorney 915 10th Street Greeley, CO 80632 Re: Recorded Exemption Submittal by Vestas Blades America, Inc.; Our File No. 3780-029 Dear Mr. Barker: Enclosed for submission is a Recorded Exemption Application package for property owned by Vestas Blades America, Inc. located in the south half of the southwest quarter of Section 29, Township 1N, Range 66 West, Weld County, Colorado. This package consists of 4 packets as required by the Weld County's Recorded Exemption Submittal Checklist. As you have discussed with Joel Rosenstein in our office, the purpose of this recorded exemption is for the gifting of a parcel of land to the Greater Brighton Fire Protection District for the construction and operation of a new fire station. I understand from Joel that you will be our primary contact during the processing of this application, and that you will handle delivering this application to Weld County Planning. We look forward to working with you on this matter. Please contact Joel or me if you have any questions or concerns. V my Ter . B e TRB/Irw Enclosure • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 1 _ 2 9 _ 0 _ 0 0 _ 0 2 2 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,orwww.co.weld.co.us) Legal Description See attached Exhibit A. , Section 29 , Township1 North, Range66 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes No X FEE OWNER(S) OF THE PROPERTY: Name: Vestas Blades America,Inc. Work Phone# 970.674.6200 Home Phone#n/a Email Address n/a Address:11140 Eastman Park Drive City/State/Zip Code Windsor,CO 80550 APPLICANT OR AUTHORIZED AGENT (See Below.Authorization must accompany all applications signed by Authorized Agent) Name: Hans Jespersen,Vice President and General Manager Work Phone# same as above Home Phone#n/a Email Address hjs@vestas.com Address: same as above City/State/Zip Code same as above Lot A Lot B Lot C Lot D I Smaller Parcel f1/4, - n) Water Source Municipal(Brighton) Municipal(Brighton) p�avpf� Type of Sewer Municipal(Brighton) Municipal(Brighton) / Proposed Use Municipal(fire station) Agricultural Acreage 2.1 (1/in+x.) 52.0 (gf,,e¢.) Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 13239 CR 4 It the property is vacant or unimproved write proposes water source and proposed sewer system for each 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)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notariz d Iden st be included showing the signatory has the legal authority to sign for the corporation. dim (9-5— Signature: O er or Authorized Agent Date Signature: Owner or Authorized Agent Date l4 ( • • CHICAGO TITLE INSURANCE COMPANY Title No.: 1455190-B LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WELD,STATE OF COLORADO,AND IS DESCRIBED AS FOLLOWS: Parcel One: The Southwest Quarter of the Southwest Quarter(SW1/4 SW 1/4)and the West seventeen(17)acres of the Southeast Quarter of the Southwest Quarter(SE1/4 SW1/4)of Section 29,Township 1 North, Range 66 West of the 6th Principal Meridian, EXCEPT that parcel of land as set forth in Quiet Title Decree,Weld County District Court, Civil Action No. 91 CV 424,recorded March 13, 1992 in Book 1328 at Reception Number 2280781. County of Weld, • State of Colorado. Issued at: DENVER,COLORADO CHICAGO TITLE OF COLORADO,INC. ALTA Commitment-2006 • eRecorded in Wel>lCounty,CO Doc Id: 3595570 12/18/2008 12.59 P Receipt#.7390968 Page: 1 of 1 Total Fee:$6 00 Steve Moreno, Clerk and Recorder STATEMENT OF AUTHORITY • (Section 38-30-172,C.RS.) 1 This Statement of Authority relates to an entity named Vestas Blades America,Inc.. 2. The type of entity is a Corporation. 3. The entity is formed under the laws of the State of Delaware 4 The mailing address for the entity is: 11140 Eastman Park Drive Windsor, Colorado 80550 5 The name and position of each person authorized to execute Instruments conveying. encumbering or otherwise affecting tide to real property on behalf of the entity is: Hans Jespemen•its Vice President / General Manager B. The authority of the foregoing person(s)to bind the entity is not limited,or limited as follows: N/A 7. Other matters concerning the manner In which the entity deals with Interests in real property: N/A B This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 3&30-172, C R 9. This Statement of Authority amends and supersedes in all respects any ^tor Statement of Authority executed on behalf of the entity. Executed on Hens Jespersen.Its ent / General Manager State of Colorado } so. County of Weld eQ �d before The foregoing insirumerCsyas acknowledged e rile n tthls r I Manageryof ..12:* 'C b� ZQf by Hans Jespersen,its Yv 1 Witness my 'rclal seal. °�.• Gy Nota Public mfr;h i ssitrl lj>gl1fesin • _al—s vt LA - ,.p • O fire No:14506x6 NO 1112.STATEMENT OP AUTHORITY JUL-06-2010 TUE 10: 16 AM • FR}{ NO, A�1 T4 �I,bb P. 01/01 • Weld County Treasurer [ Statement of Taxes Due Acuuunt Number 86272386 Parccl 147129000022 ,• Legal Description Sltus Address 15984 SW4SW4 8 W17A SE4SW4 291 66 EXC UPRR RES(2R 20) 132394 CR WELD 000 1 Account', R6272386 VISTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR,CO 80550 Year Charges Billed Payments Balance 2009 Tax $56,373.19 $56,373.19 $0.00 Grand Total Due as of 07/0612010 $0.00 Tax Billed at 2009 R31c5 for Tnx Area 2521.2522 Authority Mill Levy Amount Values A0W 1 Assessed WELD COUNTY 16.6040000' $12,006.13 AG-FLOOD GATED LAND 552. I! $1,510 IRRSCHOOL DIST 27J 45.2640000 $32,354.51 AG-ALL OTHER 51,161,0 I; 5336,690 CENTRAL COLORADO WATER 0.4250000 3303 65 LAND (CCW FARM/RANChl 5191,3 515,230 CENTRAL COLORADO WATER 1.3380000 $95597 RESIDENCE-IMPS SUED ALL OTHER AG IMPS 51,245,0 ii $361,050 GREATER BRIGHTON FIRE 11.7950000 $8,42729 HIGH PLAINS LIBRARY 3.2550000 $2,325.64 Total 52,602,6 : $714,480 Taxes Billed 2009 78.9010000 656,373.19 •Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY 'HE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITT, I iICE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST J � WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s) ::i'Taxes Due,issued by the Weld County Treasurer, are evidence that, as of this date, all proper ) taxes, special assessments and prior taxes liens currently due and payable connected with the' ?:Ircel(s) identified therein have been paid in full. Signed Date 7- 6- (O APR-01-2010 THU 02:00 PM FAX NO. • P. 01 UM - I.et -.6D� a9*o VD ' Weld County Treasurer Statement of Taxes Due - Account Number R6272386 Parcel 147)29000022 Legal Description SItuS Address 15984 SW4SW4 8 WI7A SE4SW4 29 1 68 EXC UPRR RES(2R 2D) 13239 4 CR WELD Dot X) Account:: R6272386 VESTAS BLADES AMERICA TNC 11140 EASTMAN PARK DR WINDSOR,CO 80550 Year Charges Billed Payments Balance 2009 Tax 556,373.19 50.00 $58,373.19 Grand Total Due as of 04/30/2010 $56,373.19 Tat Bulled at 2009 Rates for Tax Arca 2522_-2522 Authority MITI Lovy Amount Values Aelti I Assessed WELD COUNTY 168040000' $12006.13 AG-FLOOD $5,22 ! $1,510 x5.2840000 $32,354.51 IRRRIGATED LAND SENT A CO 27J AG-ALL OTHER $1.161,00 I $336,690 CENTRAL COLORADO WATER 0.4250000 5303.65 LAND (CCW FARMIRANCH 5191,3E i $15,230 CENTRAL COLORADO WATER 1.3380000 5955.97 RESIDENCE-IMPS SUED ALL OTHER AG IMPS $1,245.01 I $361,050 GREATER BRIGHTON FIRE 11.7950000 58,427.29 .. HIGH PLAINS LIBRARY 3.2550000 $2,325.64 Total $2,602,6 I $714,480 Taxes Billed 2009 78.9010000 $56,373.19 -Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY 1 115 LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTA (lc AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) .f'1-axes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of I.l property to es: special assessments and prior tax lions attached to this (these) account(: I Cur nt year's taxes arc due but not delinquent. + j Signed: ` Date: I I t i-�tU REFERRAL LIST Name: Vestas Blades America, Inc Case#: RE-5031 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office x Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono x Brighton F-3 x Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 Building Inspection x Fort Lupton _Hudson F-7 _Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x 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 x Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor Brighton/SE Weld _Centennial Counties Greeley/West Greeley x Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-27 _USDA-APHIS Vet Service _Central Colo. Water Cons Federal Aviation Admin (Structures x UPRR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm REFERRAL LIST Name: VESTAS BLADES AMERICA, INC. •se#: RE-5031 County Towns&Cities Fire Districts _Attorney _Ault Ault F-1 C Health Department _Berthoud _Berthoud F-2 _Extension Office C Brighton _Briggsdale F-24 _Emergency Mgt Office-Ed Herring _Dacono C Brighton F-3 C Sheriffs Office _Eaton _Eaton F-4 C Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection C Fort Lupton _Johnstown F-8 _Code Compliance_S.-Beth_N-Ann _Frederick _LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 C Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle Southeast Weld F-16 _Historical Society C Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont _Wiggins F-18 Oil & Gas Conservation Commission _Mead Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer Legal _South Hwy 66(Loveland) _Northglenn Parcel ID# _North Hwy 66(Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts _Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# _Boulder Valley/Longmont Windsor IGA? ORD# _Brighton/SE Weld MUD? _Centennial Counties Greeley/West Greeley C Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs C School District RE-27J USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist Federal Aviation Admin (Structures C UPRR over 200 ft or w/in 20000 ft of Pub Ditch Company, Airport _Art Elmquist(MUD Area) Federal Communications Comm _ Commissioner • MAY 27 2010 C. Weld County Referral May 26, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Vestas Blades America, Inc Case Number RE-5031 Please Reply By June 26, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part SW4 of Section 29, T1 N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4; east of CR 27. For a more precise location, see legal. Parcel Number 1471 29 000022 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 Date 6 - 02-6I 0 Agency u 6 tic at4cAs 4•Weld County Planning Dept. :•1555 N 17th Ave, Greeley,CO. 80631 4•(970)353-6100 ext.3540 4•(970)304-6498 fax • • Weld County Planning Department GREELEY OFFICE Kit criti 24 7nin MEMORANDUM RECEIVED WI`DC TO: Kim Ogle, Planning Services DATE: June 22, 2010 FROM: Heidi Hansen, P.E., Public Works Department a COLORADO SUBJECT: RE-5031, Vestas Blades America, Inc. 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: The City of Brighton has annexed this portion of WCR 4 (New Energy Drive). Weld County had previously classified this roadway as a collector requiring 80 feet of Right-of-Way. The applicant shall contact the City or Town to verify the future Right-of-Way width required and show it on the plat. REQUIREMENTS: 1. The applicant shall utilize the existing accesses for Lot B. 2. The City of Brighton has annexed this portion of WCR 4 (New Energy Drive). The applicant shall provide evidence of access approval from the City for the proposed access off of WCR 4 (New Energy Drive). 3. 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. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5031 Page I of 1 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5031.docx JUN-22-2010 TUE 03: 15 PM 1'FiliC0UNTY PLANNING FAX NO. 970 4 6498 P. 01/01 • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works ' 111 H St PO Box 768 Greeley CO 80632 Phone. (970 )356-4000 x3750 Fax: (970)304-6497 Road File#: Date: RE#: Other Case#: -_ 1. Applicant Name Vs-S-Vk5 ISLAVES A Migat,A, QC.• Phone_C1lO- tp-14-{-IalCO Address Illl0 EAttlt 'nAtv- 'hax City_ *►tV)R. State zip 54E')5S0 . 2. Address or Location of Access t3Z 34 Wes ►^rt' r1' aoua "° 1.4 Section 2g Township I t Range I4EP W Subdivision Block Lot Weld County Road* 4 Side of Road 14-'4 . Distance from nearest intersection 600 3_ Is there an existing access to the property? Yes yc No #of Accesses 3 4. Proposed Use: (1.76) ( Permanent (AilosideoltieltAgricultural ( Industrial ( Temporary ( Subdivision ( Commercial 040ther F•etcs 7*7-'..n O427-#4) M'•Mw ihOilre••teof ottteetttta tYttet'4**NM M'1►0r+iiN+►•MMn.Sfe*»t►www*W•lww/Wtww&SA.wN•RIMire•l**+'**WtW wt.**Oyer, Mt►tlr 5. Site Sketch •i Legend for Access Description; AG = Agricultural ______J IL_ . RES = Residential - • O&G = Oil&Gas 1 D.R. = V -v�•3 Ditch Road • O - House . t O = Shed & CAPu3 . 0 a Proposed Access N A, + — Existing Access 4- Y a X3-1941 • 4 r. i O 7 4 �wett. N-691 .: cifil_l_. ; r---- ., OFFICE USE ONLY: • Road ADT_ Date Accidents Date Road ADT Data_ Accldent4 Date- ' Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized D Information Insufficient • Reviewed By: Title: t7( i, I • 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 VresvNS 1t ' AMsst '. Phone q10- to--/q-I 1co Address 11140 EpsroAA4 PAf L- ')asp City I1.nµt> ori State__Zip SOSSO 2. Address or Location of Access t 32'3q W w-" r7.o"":r czo""o 4 Section 29 Township 1 tit Range 1Pto W Subdivision Block Lot Weld County Road#' H. Side of Road 871)2.14 Distance from nearest intersection.._°° 3. Is there an existing access to the property? Yes K No #of Accesses 3 4. Proposed Use: (to 7 h) ( Permanent (Xiiwiieltie1/Agricultural ( Industrial Go ( Temporary ( Subdivision ( Commercial Other F•iKc_ 57WTtr.h L ) 5. Site Sketch Legend for Access Description: AG = Agricultural --I I L..._ RES = Residential O&G = Oil&Gas g' D.R. = Ditch Road el d wisvrg 1 ❑ = House �N1puS 0 = Shed g A = Proposed Access { f 0- + = Existing Access ` N pc $ —''' 3 J q , o J i 0 w D I 1-16 9 k 1 f---- III OFFICE USE ONLY: ADT Date Accidents Date Road Accidents Date Road ADT Date Size Length Drainage Requirement Culvert Special Conditions E] Installation Authorized E] Information Insufficient Title: Reviewed By: (7 ( Memorandum TO: Kim Ogle, W.C. Planning DATE: June 15, 2010 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment itA CASE NO.: RE-5031 NAME: Vestas Environmental Health Services has reviewed this proposal to exempt 2.1 acres from a 54.1 acre site. Proposed lot A will consist of 2.1 acres and proposed lot B will consist of 52 acres. There is an existing business (Vestas) on proposed lot B which is served by the City of Brighton for water and sewer. Proposed lot A will be utilized for the Brighton Fire Protection District and will be served by the City of Brighton for water and sewer needs. There are 3 septic systems associated with this site: G19710569, G19732498, and G19860132. Although the greenhouse has been demolished we would like verification that the septic systems were properly abandoned. The following condition is recommended to be part of any approval: 1. Provide written documentation stating septic systems G19710569, G19732498, and G19860132 have been properly abandoned. Kim Ogle From: Krengel, Kris [kkrengel@brightonfire.org] Sent: Thursday, May 27, 2010 10:07 AM To: Kim Ogle Subject: RE-5031 Mr. Ogle, We have reviewed the application and associated documents submitted for the RE-5031 project and have no issues therewith. Respectfully, Kris Krengel Fire Marshal/Division Chief Greater Brighton Fire Protection District 425 5. Main Street Brighton, CO 80601 303.659.4101 1 / / imaz li 1 R Ill ' r 1 -.a 11 % f if t r , 1 .V 411 4 ei i I - " - CITY OF BRIGHTON - 1 :r: _” P"' - IA 4 - / , 1 I 4' •. / `/ , 8' + 1 �r ,«J , illall I 1 - ,fir a i•:. ' r.�....- LOT A: 2`. ^ i / _l. f -PROP0S€DtRIGHTON Pt 4 _ev ; 4' - _ WATER: BRIGHTON �Q !� �'•N a ! ACREAGE21 SEWER: BRIGHTON �, Ir =- •ot LOT : LOT A , SITUS: TBD -.r;, • ' I• I i / 444 1A / .. . li I, •-O 4. - i A or - MER1C€QQN1�TY ROAD ,_ IN • .z-4` - WATER: BRIGHTON MUNICIPAL 4'or R '' SEWER: BRIGHTON MUNICIPALPar- , � 91 ACREAGE: 52 al � .x. SITUS: 13239 COUNTY ROAD 4 1 1 ,a. .e11. r 4I, s r ' 1 aill, - - _ .4 ID • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The AN.C U I t e TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful searth of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: max-e 0.+i6tc-ACci e.i lb',+_ CONVEYANCES(ft none appear,so state):Reception No. l-. (S , Book 5-1-Z);3 —)c i1 cS-S 1 S Reception No. / /((T Book .Q� / ` - I Reception No. 7 Book (<t(4.,, -..s cc No. �] ? _ Book ,� ft /to,Q Reception No. tai o 'is , Book ,&\‘ Reception No. Book Reception No. , Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constrtil ps an Abstract of Title nor an opinion of Title, nor a guarantee Title and the �°liability of k\,c . (L te , COMPANY, is hereby limited to the aid for th,ts Certificate.C.EAVACC6cYA Vit_c-r1- i ��t�� COMPANY �'th€� �' Cate to be signed In Witness Whereof, 9 by its proper officer this ,�t day of k. l , 20 10 . at r/O k1►N, Company: l ' By: / Aut orized Signature tO`iga y f'UI3L-r- TERESA L HOTT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/21/2013 0( • • CHICAGO TITLE INSURANCE COMPANY Title No.: 1455190 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WELD, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: The Southwest Quarter of the Southwest Quarter(SW1/4 SW1/4) and the West seventeen (17)acres of the Southeast Quarter of the Southwest Quarter(SE1/4 SW1/4)of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, EXCEPT that parcel of land as set forth in Quiet Title Decree, Weld County District Court, Civil Action No. 91 CV 424, recorded March 13, 1992 in Book 1328 at Reception Number 2280781. 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Dittmar wry' �. ,ya last • lief/K. . see,wtee•.ewsA e..ra. aei.a r.araw.se...w _ ' 1 . • eRecorded in WelSunty,CO Doc Id: 3636805 07/16/2009 10.55 A Receipt#.7422625 Page: 1 of 7 Total Fee: $239.02 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED THIS DEED is dated the 15th of July,2009,and is made among,Greenleaf Wholesale Florist, Inc., a California Corporation (as to Parcel One), Kitayama Bros., Inc., a Colorado corporation, formerly known as Kitayama Brothers, a California corporation,qualified to conduct business as Kitayama Brothers,Inc., who acquired title as Kitayama Brothers, Inc., a Colorado corporation (as to Parcel Two), and Kitayama Bros., Inc_, a Colorado corporation, who acquired title as Kitayama Brothers,Inc.(as to Parcel Three),ail of which entities are of the County of Weld and State of Colorado, collectively, the "Grantors," and Vestas Blades America, Inc_, a Delaware corporation, whose address is 11140 Eastman Park Drive, Windsor, CO 80550 of the County of Weld and State of Colorado,the"Grantee." WITNESS,that the Grantors,for and in consideration of the sum of TWO MILLION THIRTY THOUSAND TWO HUNDRED ONE AND 80/100 DOLLARS (S2,030,20110), the receipt and sufficiency of which is hereby acknowledged,hereby grants,bargains,sells,conveys and confirms unto the Grantee,and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado,described as follows: r4 SEE EXHIBIT"A"AI TACHED HERETO AND MADE A PART HEREOF O rh But reserving unto Grantors, however, all Grantors' shares of the Fulton Irrigating Ditch Company a and all rights, decrees or benefits that are represented by or accrue to the Grantors' shares of the Fulton Irrigating Ditch Company. also known by street address as: 13239 County Road 4,Brighton,CO 80601 and assessor's schedule or parcel numbers: 147129000022, 147130000096,and 147129000103. v TOGETHER with all and singular the hereditaments and appurtenances (excepting shares of Fulton Irrigating Ditch Company as reserved above) thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof,and all the estate,right,title, interest,claim and demand whatsoever of the Grantors,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances,including without limitation all appurtenant mineral interests held by Grantors. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever. The Grantors, for their successors and assigns, do covenant and agree that the Grantors shall and will WARRANT AND FOREVER DEFEND the above described premises in the quiet and peaceable possession of the Grantee, its successors and its assigns, against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantors except and subject to: general taxes for the current year and subsequent years and subject to those items shown on Exhibit"B" attached hereto and by this reference incorporated herein. IN WITNESS WHEREOF,the Grantors have caused their respective corporate names to be hereunto subscribed by the president,vice-president, or other head officer of each,respectively,and their respective corporate seals to be affixed on the date set forth above. [signatures follow on next page] PISS/61.6 Cil POI80k00AGeenred\DockSp cid Wamuly Did•1 • GRANTORS: Kitayama Bros.,Inc.,a Colorado corporation Greenleaf Wholesale Florist, Inc.,a California corporation By_ it B7 By: Name: a 'ALA. Name: ,�,Gi n�c . 5z a., Title: C�ttrrnw.ti / Title: 044.0.4,11-1 r STATE OF )ss. County of 00444 C.-'' ) The foregoing instrument was acknowledged before me this/S day of July,2009,by Co/, ,J.. a, as CA.c e r M 4.. of Kitayama Bros,Inc.,a Colorado corporation. Witness my hand and official seal My commission expires: /p. /,?. Notary Publi �M. G,r? �ti : OSARY`.O w : m•® G PUB�-� 6)=7' STATE OF Co /c, ) �cS'j County of 0 ) 4o,�41/llll11t0„::. * - �iSSion ExP'tes The foregoing instrument was acknowledged before me this/S day of July,2009,by ni i /id es 64 R of Greenleaf Wholesale Florist,Inc.,a California corporation. Witness my hand and official seal. My commission expires:0. Notary Pu li hd �OTAR-\O tu I ROA(' .`Q OF " \q' � nulllla� SS'on xp1t0sce r:'.37eo100TGreenIceDoe"Special Wemufly need vl • • EXHIBIT"A" LEGAL DESCRIPTION Parcel One. The Southwest Quarter of the Southwest Quarter(SW 114 SW114)and the West seventeen(17)acres of the Southeast Quarter of the Southwest Quarter(SE114 SW I14)of Section 29,Township 1 North, Range 66 West of the 6th Principal Meridian, EXCEPT that parcel of land as set forth in Quiet Title Decree,Weld County District Court, Civil Action No.91 CV 424,recorded March 13, 1992 in Book 1328 at Reception Number 2280781. County of Weld, State of Colorado_ Parcel Two: That parcel of land as set forth in Quiet Title Decree,Weld County District Court Civil Action No. 91 CV 424, recorded March 13, 1992 in Book 1328 at Reception Number2280781,recorded in the records of the Clerk and Recorder,of Weld County,Colorado, being more particularly described as follows: That part of the SE 1/4 of the SW 1/4 of Section 29,Township 1 North, Range 66 West of the 6th Principal Meridian,being more particularly described as follows: Beginning at the South 1/4 corner of said Section 29;thence North 89 Degrees 40 Minutes 50 Seconds West on an assumed bearing along the south line of said SE 1/4 of the SW 1/4 of Section 29 a distance of 754 94 feet to the southwest corner of the East 22 7/8 Acres of said SE 1/4 of the SW 1/4 and the True Point of Beginning; thence North 00 Degrees 14 Minutes 36 Seconds East parallel with the east line of said SE 1/4 of the SW 1/4 a distance of 1,319 80 feet to the northwest corner of said East 22 7/8 Acres of the SE 1/4 of the SW 1/4;thence North 89 Degrees 41 Minutes 40 Seconds West along the north line of said SE 1/4 of the SW 1/4 a distance of 6 44 feet to the northeast corner of the West 17 Acres of said SE 1/4 of the SW 1/4 of Section 29; thence South 00 Degrees 07 Minutes 18 Seconds West parallel with the west line of said SE 1/4 of the SW 114 a distance of 1,319 80 feet to the southeast corner of said West 17 Acres of the SE 1/4 of the SW 1/4;thence South 89 Degrees 40 Minutes 50 Seconds East along said south line of the SE 114 of the SW 1/4 a distance of 3.64 feet to the True Point of Beginning. County of Weld, State of Colorado. Parcel Three: That part of the Southeast Quarter of the Southeast Quarter of Section 30,Township 1 North, Range 66 West of the 6th Principal Meridian,Weld County, Colorado, described as follows: Beginning at the Southeast corner of said Section 30; Thence North 00 degrees 01 minute West along the East line of said Southeast Quarter of the Southeast Quarter,a distance of 30.00 feet to the True Point of Beginning: Thence continuing North 00 degrees 01 minute West along said East line,a distance of 397 89 feet to a point on the Easterly right-of-way line of the Union Pacific Railroad; Thence South 14 degrees 01 minute 30 seconds West along said Easterly right-of-way line,a distance of 410 11 P:137Q01W71Cxeen1u11Doapeeial Warranty Deed v1 41, • feet to a point 30 0 feet North of the South line of said Southeast Quarter of the Southeast Quarter: Thence East and parallel to said South line,a distance of 99.50 feet more or less to the True Point of Beginning, EXCEPT any portion lying within County Roads, County of Weld, State of Colorado Note: The above described parcels are sometimes described as: LEGAL DESCRIPTION-GREENLEAF/KITAYAMA PARCELS BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 29 AND THE SOUTHEAST ONE-QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO,AND BEING ALL OF THOSE PARCELS OF RECORD AT RECEPTION NUMBER 2471377, IN BOOK 557, RECEPTION NUMBER 1479205 AND ALSO THAT QUIET TITLE ACTION PARCEL, DISTRICT COURT,WELD COUNTY,CIVIL ACTION No 91 CV 424,MARCH 6, 1992,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 29,TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, MONUMENTED AT THE SOUTHWEST CORNER OF SAID SECTION 29 BY A RECOVERED AND ACCEPTED 2-1/2 INCH ALUMINUM CAP,STAMPING ILLEGIBLE, IN A RANGE BOX AND AT THE SOUTH 1/4 CORNER OF SAID SECTION 29 BY A RECOVERED AND ACCEPTED 2 INCH ALUMINUM CAP STAMPED"1/4,T1N,29/32, R66W, 1993, LS 25937"IN A RANGE BOX,WITH THE LINE CONSIDERED TO BEAR N89°34'01"E,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTH 1/16 CORNER ON THE WEST LINE OF SAID SECTION 29; THENCE N89°34'12"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29 A DISTANCE OF 223.15 FEET TO THE POINT OF INTERSECTION OF SAID NORTH UNE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 29 AND THE EASTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT WIDE RIGHT-OF-WAY,AND THE POINT OF BEGINNING; THENCE N89°34'12"E CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 29 AND ALONG A PORTION OF THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SOUTHWEST ONE-QUARTER OF SECTION 29,AND ALONG THE NORTHERLY LINES OF SAID PARCELS OF RECORD IN BOOK 557,RECEPTION NUMBER 1479205 AND ALONG THE NORTH LINE OF SAID QUIET TITLE ACTION PARCEL, DISTRICT COURT,WELD COUNTY,CIVIL ACTION No. 91 CV 424,MARCH 6, 1992,A DISTANCE OF 1,666.94 FEET TO THE NORTHEAST CORNER OF SAID QUIET TITLE ACTION PARCEL,DISTRICT COURT,WELD COUNTY,CIVIL ACTION No 91 CV 424, MARCH 6, 1992; THENCE LEAVING SAID NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 29, S00°30'37"E ALONG THE EAST LINE OF SAID QUIET TITLE ACTION PARCEL, DISTRICT COURT,WELD COUNTY,CIVIL ACTION No 91 CV 424, MARCH 6, 1992,A DISTANCE OF 1,289:97 FEET TO THE NORTH LINE OF WELD COUNTY ROAD 4(60 FOOT WIDE RIGHT-OF-WAY); THENCE S89°34'01"W ALONG SAID NORTH LINE OF WELD COUNTY ROAD 4,AND ALONG THE P:U7l010071Greenlea11Ax15Pecial Warranty Deed v1 • • • SOUTHERLY LINE OF SAID QUIET TITLE ACTION PARCEL,DISTRICT COURT, WELD COUNTY,CIVIL ACTION No.91 CV 424,MARCH 6, 1992,AND ALONG THE SOUTHERLY LINES OF SAID PARCELS OF RECORD IN BOOK 557,RECEPTION NUMBER 1479205,A DISTANCE OF 1,88444 FEET TO THE SOUTHWEST CORNER OF SAID PARCELS OF RECORD IN BOOK 557, RECEPTION NUMBER 1479205, ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL OF RECORD AT RECEPTION NUMBER 2471377; THENCE S89°15'18"W, CONTINUING ALONG SAID NORTH LINE OF WELD COUNTY ROAD 4.AND ALONG THE SOUTHERLY LINE OF SAID PARCEL OF RECORD AT RECEPTION NUMBER 2471377.A DISTANCE OF 9B 51 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF RECORD AT RECEPTION NUMBER 2471377: THENCE N13°15'09"E ALONG THE WESTERLY LINE OF SAID PARCEL OF RECORD AT RECEPTION NUMBER 2471377,AND ALONG SAID EASTERLY LINE OF SAID UNION PACIFIC RAILWAY COMPANY 400 FOOT WIDE RIGHT-OF-WAY,A DISTANCE OF 40B 78 FEET TO THE NORTHERLY CORNER OF SAID OF RECORD AT RECEPTION NUMBER 2471377; THENCE N13°15'09"E, CONTINUING ALONG SAID EASTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT WIDE RIGHT-OF-WAY,AND ALSO BEING THE WESTERLY LINE OF SAID PARCELS OF RECORD IN BOOK 557, RECEPTION NUMBER 1479205,A DISTANCE OF 921.53 FEET TO THE POINT OF BEGINNING_ Note. The foregoing legal description was created by Charles Beresford, Professional Land Surveyor,PIS No 35583, Nolte Associates, Inc.,Job Number DVB0278, survey dated April 6,2009. P:V yeoloDTGreenleaftDxlSpecial H'artanty Decd vi • • EXHIBIT B Permitted Exceptions Reservations made by the Union Pacific Railway Company, in Deeds recorded December 16, 1885 in Book 50 at Page 219 and April 2, 1886 in Book 50 at Page 469,providing substantially as follows: reserving unto the company and its assigns all coal that may be found underneath the surface of the land herein described and the exclusive right to prospect and mine for same,also such right-of-way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises,and for transportation of coal from same; and any and all assignments thereof or interest therein. Note: A Quitclaim Deed in connection therewith recorded April 14, 1971 at Reception No. 1565712. A Release and Quitclaim Deed recorded December 17, 1998 at Reception No. 2661201. A Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954681. "All Mineral Lands" as reserved in United States Patents recorded April 28, 1892 in Book 106 at Page 291 and March 18, 1897 in Book 153 at Page 40, and any and all assignments thereof or interest therein. Terms,conditions,provisions, agreements, easements and obligations specified under the Notice of General Description of Area Served by Panhandle Eastern Pipe Line Company Concerning Underground Facilities,which was recorded June 26, 1986 at Reception No. 2058722. Terms,conditions,provisions,agreements,easements and obligations specified under the Notice Concerning Underground Facilities of United Power, Inc.,which was recorded January 24, 1991 at Reception No. 2239296. The effect of the Request for Notification (Mineral Estate Owner)recorded December 21, 2007 at Reception No. 3525268. Rights-of-way for County Roads,being 30 feet on each side of Section and Township lines, as reserved in instrument recorded October 14, 1889 in Book 86 at Page 273. Terms,conditions,provisions, agreements and obligations specified under the Public Service Company of Colorado Easement,which was recorded May 26, 2009 at Reception Number 3625271. Terms, conditions,provisions, agreements and obligations specified under the Easement to Public Service Company of Colorado,which was recorded May 26, 2009 at Reception Number 3625268.. 1 • • Any rights, interests,or claims based on matters shown on ALTA/ACSM land title survey dated April 6, 2009,and last revised July 9, 2009,prepared by Nolte Beyond Engineering,Job Number DVB0278. Terns,conditions,provisions,agreements and obligations specified under the Covenant Limiting the Irrigation of Land recorded * Iy 15-44` , 2009 at Reception Number 3(,36( 17 2 • OFD Za DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Bill Ritter,Jr. y\1876 Governor Mike King June 2, 2010 Executive Director Dick Wolfe,P.E. Director/State Engineer Mr. Weld County Planning Department Kim Ogle Weld GREELEY OFFICE County Planning Department 1555 N 17th Ave. Greeley, Co 80631 JUN 1) 7 9(116 Re: Exemption from Platting-Vestas Blades America, Inc. RECEIVED Case No. RE-5031 SW 1/4, Sec. 29, TIN, R66W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Ogle: We have reviewed the above referenced proposal to create by exemption two lots of 2.1 acres (Lot A) and 52 acres (Lot B). The water supply for the two lots will be provided by the City of Brighton. Lot A will be used for a Greater Brighton Fire Protection District fire station. The Applicant indicated that there is an existing well located on the property. The permit number for this well has been identified as 1992-RR (RF-542). Well permit no. 1992-RR was decreed by the Division 1 Water Court as Well No. RF-542, case no. W-488, for 2.2 cfs (1000 gallons per minute) and the irrigation of plants in greenhouse in Section 29, Township 1 North, Range 66 West of the 6th P.M. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. As mentioned above the proposed source of water for the two lots will be from the City of Brighton ("City"). Our office has no comments regarding the City's ability to serve the proposed Lots A and B. In addition the existing well on the property, permit no. 1992-RR (RF-542) must be operated in accordance with the terms and conditions of the decree in case no. W-488, a valid well permit and in accordance with a water court approved plan for augmentation or substitute water supply plan approved by the State Engineer. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, (-1 Joann Williams, P.E. ater Resource Engineer JMW/IDC Office of the State Engineer 1313 Sherman Street,Suite 818 •Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us CITY OF BRIGHTON �22 South 4th Avenue • Brighton,Colorado 80601 • (303)655-2000 April 20.2010 Kjaer Lundo Jakobsen Vice President Corporate Services Vestas Wind Systems A/S Smed Sorensons Vej 5 Ringkobing, 6950 Denmark Nolte Associates 8000 So. Chester St Suite 200 Centennial, CO 80112 This letter is in response to your request for the City of Brighton to provide you with a "will serve" letter for the proposed Annexation to Brighton, of a parcel of land described as follows: S 29-01-66 Parcel 147129000022 Parcel 147129000103 S 30-01-66 Parcel 147130000096 The City currently has water and sanitary sewer treatment facility capacity to serve a typical development in this area. Please note that it will be the developer's responsibility to extend any utility mains within the site to provide the necessary service to the proposed structures. If you have further questions you can contact the Utility Department at 303-655-2082 Sincerely, es M. Laude4Utilities ity of Brighton Hello