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Home My WebLink About20102872.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #5059 -TSUNAMI COMMUNICATION, INC., CIO TOWN OF FIRESTONE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption #5059 was submitted by Tsunami Communication, Inc., c/o the Town of Firestone, Attn: Chris Messersmith, 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520, for property which is located on the following described real estate, to-wit: Lot B of Recorded Exemption #5060; being part of the NW1/4 of Section 33, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #5059, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS,this request is to divide the property into parcels estimated to be approximately 45.57 acres and 1.14 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the hereinabove described parcel of land be, and hereby is,exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Tsunami Communications, Inc., c/o the Town of Firestone,for Recorded Exemption#5059 be, and hereby is, approved subject to the following conditions: 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 L C., L Sk` n- 2010-2872 ‘D _3D__ k-p RE5059 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, they shall 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 buildout. 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 and 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 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 2006 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 Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the 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. 2010-2872 RE5059 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 Department of Building Inspection. 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-Wide Road Impact Fee Program. 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 Programs. 9) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 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 the Department of Planning Services. 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 of the Board of Weld County Commissioners Resolution. 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 Board of County Commissioners Resolution 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 a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). 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. 2010-2872 RE5059 RE #5059 - TSUNAMI COMMUNICATIONS, INC., C/O TOWN OF FIRESTONE PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2010. BOARD OF COUNTY COMMISSIONERS tF 7 COUNTY, COLORADO ATTEST: e' t `Qo l S Radema e , hair Weld County Clerk to the Board 4 .> ,,# fl to like Ike y (, , ,`+ . ; rbara Kirkmeyer, ro-Tem / BY: ALit -� . ( /'LC11(CV �L�SC� Depu y Clerk f¢'the Board Sean P. Conway A D RM: EXCUSED W Garcia my Attorney Zn E 11, David E. Long Date of signature: '7/ Hi- 2010-2872 RE5059 I ` T DEPARTMENT OF PLANNING SERVICES WCREC0RDEDADMINISTRATIVE REVIEW COLORADO PLANNER: Kim Ogle HEARING DATE: November 22, 2010 CASE NUMBER: RE-5059 APPLICANT: Tsunami Communications, Inc., c/o The Town of Firestone ADDRESS: 151 Grant Avenue, Firestone, Colorado 80520 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Lot B RE-5060, being part NW4 Section 33, T2N, R67W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1311-33-0-00-037 PARCEL SIZE: +/-46.71 acres Gross ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: No Water, Unmanned Facility Lot B: No Water, Unmanned Facility SEWER SOURCE: Lot A: No Septic, Unmanned Facility Lot B: No Septic, Unmanned Facility Description: The applicant has submitted a recorded exemption to subdivide a parcel of land that is the residual acreage from Recorded Exemption RE-5060 to further subdivide land for the constructed 1.5 MG water tank for the Town of Firestone. Administrative conditional approval was granted for RE-5060 on November 16, 2010. The RE-5060 plat has not been submitted for recording. The applicant is applying to create an additional parcel within 5 years of the prior recorded exemption for the construction of a second 1.5 MG water tank site. 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 in the area that is presently vacant of improvements. The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: 2010-2872 A. Section 24-8-40.M.1 —After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. The applicant is applying for a two-lot recorded exemption to split Lot B (the larger lot) of RE-5060, yet to be recorded. Per the Section 24-8-40.M.1 criteria: Lot B of RE-5060 is not eligible for a recorded exemption until five years post the date of recording the plat. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 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 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 ArcInfo 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(n�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. INVENTORY OF ITEMS FOR CONSIDERATION Applicawt TSuwavu,i CDNn.Nn.uwicatiovs, Iwe. Case Nuvuber RE-505_9 e/o The Toww of Firestowe subndtted or Prepared Prior to At H-eartw Fteariw 9 9 staff Cowtvkewts X Letter to Appliicalot Meld check bj staff dated Adwuwistrative Notifcatioins 2 Applicatiow X Deed/ EaseWtewt Certificate Maps 3 Referral List x Referrals without cowtwtewt Lowiwg Covupliawoe referral dated October ii, 2010 Frederick Firestowe Fire Protectiow District, referral dated october 12, 2010 Mouwtaiw view Fire Protectiow District referral dated October 12, 2010 eolorado Divisiow of wildlife referral dated November 4, 2010 4 Referrals with cowtwtewts x Toww of Mead Plawwiwg referral dated october 15, 2010 Departvwewt of Suildiwg Iwspectiow referral dated october 27, 2010 Departvuewt of Public works referral dated November 1, 2010 Departvaewt of Public Ftealth awd Ewvirowwtewt referral dated November 2, 2010 herebu certifu that the 4 items idewti fed hereiw were submitted to the Departwtewt of Flom/ILA/9 services at or prior to the scheduled Plawwiwg Covuwussiowers heariwg. cic. 0.Isigned FCoirn nty, gle DH:O.oe EW=CO,br-WELD, ecSO,o i,g,oe County, =Vlanning,00-Nesm=pm Ogle Date'2010 roans orw' K,iwt ogle ❑ POwwer -- tr • 4• • — `w . 'r• - - I '74 -- , . -ar.it- ~, 4 /S- - - 4.114. '( t... :•4''' t• •.1:a' . . •• -, k'-'fit I . sr J s.ti • ::1 • i le I 4 III .. _• .-.rte • .- 1 I I .. __�� —11110 • • - _ •��♦ • _ •I• _ • at _ TZ4- - - ` W._ • . .tom- . may, O< 1.... s ... - `` • t. I = . • }t 1 , 1 I 1t • . r r 'Al -' - - 4 L NUM • } ,�• sr • • L , r i. r, g — Ti.''.'wn'-"- - t; CJ's *:. ;?- „. i W�.v� L is. ti • -_ - • .r _ - - - • • 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! K.rLsti,fre vk,slevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • a DEPARTMENT OF PLANNING SERVICES y 1555 N 17th AVE GREELEY, 8 CO 80631631' PHONE: (970)353-6100, Ext. 3540 WII D c FAX: (970)304-6498 COLORADO October 11, 2010 Citicasters Co. do Town of Firestone Attn: Chris Messersmith PO Box 100 Firestone CO 80520 Subject: RE-5059 - 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, I /4 Digitally signed by Kristine Ranslem •,le'y'N'I,/]Qv%/I" Reason:l am the author of this document Location:1555 N 17th Ave Date:2010.10.11 13:31:44-0600' Kim Ogle Planner FIELD CHECK Inspection Date: May 20, 2010 CASE NUMBER: RE-5059/ RE-5060 APPLICANT: Tsunami Communications, Inc., c/o Town of Firestone 151 Grant Avenue, Firestone, Colorado 80520 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Lot B RE-5060, being part NW4 Section 33, T2N, R67W of the 6'" P.M., Weld County, CO PARCEL NUMBER: 1311-33-0-00-037 PARCEL SIZE: +/-46.71 acres Gross ZONE DISTRICT: Agricultural Zoning Land Use N Agricultural N Communication Tower, Oil and Gas encumbrances and 230 kV transmission line on lattice structures E Agricultural E Tsunami Radio Transmission Tower, Oil and Gas and open lands S Agricultural S Electric Substation and Town of Frederick W Agricultural W Central Weld County Water district and Town of Frederick water tanks with support structures, oil and gas and open lands Comments: Land is associated with USR-1555 and has one vertical water tank located East of the Public Service of Colorado 230 kV transmission line corridor. Improvements to the East include a telecommunications tower (Tsunami Communications, inc., and oil and gas encumbrances. Access to all internal facilities is via a graveled and graded access road. The area and proposed parcel, RE-5060, has a chain link fence surrounding the water tank. The second site area and proposed parcel, RE-5059, is also encumbered by USR- 1555, is vacant and planted with native grasses. Site conditions would dictate a shared access from County Road 17. County Road 17 is a local gravel road with a steady rise in grade, South to North Sig re ❑ Access to Property ❑ Oil & Gas Structures Crop ❑ Productions ❑ Utilities On-Site (transmission lines) o Topography o Site Distance Note any commercial business/commercial vehicles that are operating from the site: USR-776 Tsunami Communications, USR-1555 Town of Firestone & USR-1508 Longmont Broadcasting, Inc. • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ 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 it N/A Home Phone#N/A Email Address N/A Address:200 E.Besse 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 LotA LotB LotC LotD Smaller Parcel Water Source N/A N/A Type of Sewer N/A N/A Proposed Use Future Water Tank Existing Radio Tower Acreage 1.14 45.57 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: No No If the property is vacant or unimproved write proposed 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 owledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a lett> o -uthorization from all fee owners must be included with the application. If a corporation is the fee owner, note izer _r Bence ust be included showing the signatory has the legal authority to sign for the corporation. NN -cv9 A:4iIID Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date l4( S • 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, ?la Jack Lambiotte Director of Engineering Clear Channel Denver 303-525-7007 D IHEN'1��ii 007Apy, a ' PUBLIC I E 0L- / ( i C/ O1'li......... �� Expkes 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 ''A" 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, Chris E. Messersmith, P.E. Town Engineer cc: Mr. Wes LaVanchy, Town Manager • • RECORDED EXEMPTION (RE) QUESTIONNAIRE- RE-2 1. Water Supply: a. Domestic Use: Recorded Exemption Lot A does not have a domestic water service. 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 is a vacant parcel. 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 1.14 acres along the westerly boundary of the property near W.C.R. 17. Recorded Exemption Lot A is vacant and will have a future Town of Firestone 1.5 MG water tank. Recorded Exemption Lot B is 45.57 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 future 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. • 4)0 A CO Weld County Public Works Dept. • 1111HStreet ACCESS PERMIT p .�, Apr P.O. Box 758 ♦ 4E .F Greeley, CO 80632 APPLICATION FORM 't/C WO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name CHRIS ASSCRS.vIT11 Name CITtc4sttrts Co. - CM4p 043 Company 1..w Op Fiacsroac Address 200 E. QASSC ROAD Address 151 Cu*ar A+wuc (P.o, Box 100') City SAN Aatuwlw0 State TX Zip WBZO City FnssT)aE State CO Zip 90520 Phone (210) 83Z- 331 Business Phone (970' 278 0021 x 103 Fax 14/A Fax 11/4 E-mail ChadURnCcicarchANrcl.tom E-mail LVMWSScrseu4hect i4c.uS ♦= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR (7 Nearest Intersection:WCR &WCR 16 WCR I‘ Distance from Intersection 1,11O 41. SoutH Parcel Number ISII.33-0 - 00- 03? Section/Township/Range 3312N 147W ,I, ± A Is there an existing access to the property? 0 NO N 3 Number of Existing Accesses I Road Surface Type&Construction Information Asphalt_ Gravel X Treated _ Other £1152. WCR 14 Culvert Size&Type NA Materials used to construct Access C1aAJ6t. (Exlsttoti") Construction Start Date NA Finish Date NIA Proposed Use NA o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 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 o USR 4Q RE o PUD o 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 ties construction. Signature t�Z Printed Name Cow AlESst-tcN171d Date 10/$1/0 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 • 1 • A .n Existing Access — Looking Southeast Existing Access — Looking North • Existing Access — Looking East Colorado Secretary of State-Smaly • • Page 1 of 1 t I _ F "�-;y rw s l Cr • •... ,-,1` ¢ - 'i-L - Nil � D' f•�L • Y, ieta State IBt ry is B3ucsc1Ter� Y - .•...c i' . usiti'a,g'c nx ion ��. i+:±n i{' j vl::' r t r f ; ' t J••1,1 _ _.. �� :..Y�, ?.Y I•N:�..1.V.i� . r< t ... ..��:<• ? Home I Business i Elections I Licensing Press I About Us I Contact Us For this Record... History&Documents view Trademarks Summary Filo a Document Email Notification ID Number: 19871722036 Business Home 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 Unsubsatbe Prevlous Page Search I Accessibility I Privacy statement I Terms or use 1700 Broadw ay,Denver CO 80290 1303-894-2200 i sos.businessOsos.state.co.us • littp://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 3/25/2010 • • MAR-08-2002 1e'16 CT CORPORATION 7137591950 P.02/10 • PIED DONZITA DAVIDSON COLORADO SRCRETARY OF STATE ARTICLES OF MERGER 20021036813 C $ 110.00 OF . . SECRETARY OF STATE (fiJ 03-08-2002 11:49:20 fe /q1T/ �/�9D / 6 ? TSUNAMI COMMUNICATIONS, INC. (a Colorado corporation) • WITH AND INTO die — /f:7/7Zz696' JACOB BROADCASTING OF COLORADO,INC. C 5 (a Colorado corporation) (Bard) Pursuant to the provisions of Section 7-111-105 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. ("JBC"), with IBC being the surviving entity (such merger being hereinafter referred to as the"Merger"): 1. The name and state of incorporation of the surviving entity of the merger (the "Surviving Entity"),a domestic 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 Tacor 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 eiteeuted Agreement and Plan of Merger (the "Plan of Merger") dated December /`{ ,2001,by and between Tsunami and IBC is attached as Exhibit A. 5, The Plan of Merger is authorizedon behalf of each of the Constituent Erititics and the persons signing this Certificate on behalf of each of the Constituent Entities arc duly authorized to do so. 6. Shareholder approval was not required. 3779103 COMPUTER UPDATE COMPLETE MW . MAR-06-2002 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 uE,on 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 laws of the state under which it was incorporated and by its constituent documents.surviving ion, be and franchise taxes of each of the Constituent Entities will Entities and wileberobligated to pay such fees ble for the payment of all fees franchise taxes if the same are not timely paid. • • 377910.1 MAR-09-2002 10:16 CT CORPORATtOhl 713?591950 P.04/10 IN WITNESS WHEREOF, the undersigned corporations have caused the Articles to be signed by their duly authorized officers,on this L`day of December,2001. JACOR BROADCASTING OF COLORA ,INC. sy: Richard W.Wolf;Vice Pres' .at 377910.1 . J • • MAR-0B-2002 10:1.5 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 ) 9t1'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 100 shares arc outstanding; WHEREAS, Tsunami'is a•corporation duly organized and existing under the laws of the Stare 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 are 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 7-111-101 et sec. 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 1986;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: Jacor Broadcasting of Colorado, Inc., a Colorado corporation, one of the Constitient 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:' 377971.1 t1RR-08-2002 10:17 CT CORPORATION' 7137591950 P,07/10 ARTICLE I 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'fixing I (the"Effective Date"). On the Effective Data, 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 JBC 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 attended 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 o{£cers 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 IBC 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, ' 177973.1 . . • MAR-08-2002 10:17 •. CT CORPORATION 7137591950 P.09/10 • • • ARTICLE IV EFFECT OF THE MERGER I ' • On the Effective Date, the separate existence of each Cohstituent 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 act or deed. Tide to any real estate or any interest in the real estate vested in any Constituent Corporation shall 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 tact Constituent Corporation, including liability to dissenting shareholders. • Any claim existing or any action or proceeding pending .by or against any.Constituent Corporation nay 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 IBC evidenced by appropriate resolutions but not later than.the Effective Date. In the event of the termination and abandonment of this Plan of Merger and the 377973.1 • • MAR-0B-2002 10:1? • CT CORPORATION • 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 JBC, 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 Corporation shall be and they hereby are severally and fully authorized to execute and deliver such properdeeds,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 instrument. • • • • 377973.1 � .. • MAR-08-2002 10:17 CT CORPORATION 7137591950 P.10/10 e IN WITNESS WHEREOF, Tsunami'and JBC, pursuant to the approval and authority duty 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 Presi nt JACOB BROADCASTING OF COLORADO, INC.,a Colorado corporation , • By: chard W.Wolf,Vice Presid t • • • • • • 377973.1 • TOTAL P.10 Colorado Secretary of State- Smeary Page 1 of 1 • Secretary of State,Berrie Buescher r ._ya '`'' fy^ � Business Division �`,,. , ... Home J Business I Elections I Licensing Press I About Ls I Contact Us For this Record... History&Documents View Trademarks S u m ma ry Cart of Good Standing Pile a Document Subscribe Email Notification ID Number: 20001174128 Unsubscribe Email Notification Name: CITICASTERS CO. Business Home Registered Agent CORPORATION SERVICE COMPANY Business Information Registered Agent Street Address: 1560 Broadway Ste 2090,Denver,CO 80202,United States Business Search Registered Agent Mailing Address: FAQs,Glossary and Principal Street Address: 200 E BASSE RD,SAN ANTONIO,TX 78209-8328,United States Information Principal Mailing Address: Status: Good Standing Form: Foreign Corporation Jurisdiction: Ohio Formation Date: 09/07/2000 Term of Duration: Perpetual Annual Report Month: September You may: • View History and Documents • View Trademarks • Obtain Certificate of Good Standing a File a Document • Subscribe to E-mail Notification Regarding this Record • Unsubscribe from E-mail Notification Regarding this Record Previous Page Search J Accessibility I Privacy statement I Terms of use 1700 Broadway,Denver CO 80290 1303.894-2200 I sos.buslness@sos.state.co.us http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 6/11/2010 Colorado Secretary of State - Summary Page 1 of 1. • • S•Sect"is v of State,BemieDuesc to ,r h • ' ° , Bldies$.Division Home I Business I Elections I Licensing Press i About Us I Contact Us For this Record... History 8 Documents File a Document Summary Subscribe Email Notification Unsubscribe Email Notification ID Number: 20091675923 Name: Citicasters Co. Business Home _.—_.____.._...........__......--......—__.. . Business Information Business Search Principal Street Address: Principal Mailing Address: FInformation Glossary and Status: Nonqualified Survivor of a Merger Information 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 1303-894-2200 I sos.business@sos,state.co.us • http://www.sos.state.co.us/bizBusinessEntityDetail.do?quitButtonDestination=BusinessEn... 6/11/2010 0 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. - 20(191675923 C To file electronically,access instructions $ 3�X0.00 for this form/cover sheet and other SECRETARY OF STATE information or print copies of filed 12-29-2'009 14:37:51 • documents,visit www.sos.state.co.us • and select Business Center. Paper documents must be typewritten or machine printed. MOVE srAaFmsorntfuseCNN - 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=edging 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: Atleast one merging entity mint be an entity farmed tinder the laws of Colorado.) ID Number 19871722036 (Colorado Secretary ofState ID member) • • Entity name or true name Jacor Broadcasting of Colorado, Inc. Form of entity Corporation Jurisdiction Colorado Street address . 200 E.Buse Road- . (Sheet number and name) • San Antonio TX 78209 (City') (State) (ZIP/Pastai Code) USA (Province-if applicable) (Country) .Mailine address (leave blank if same as street address) (Strew number and name or Part Office Box information) . (CO) (State) (ZIP/Potal Cade) (Province—(fapplicable) (Country) .. • • • ID Number (Colorado Secretory of Sate ID number) Entity name or true name Form of entity • MOWS FON Page 1 of 5 . • Rev.5119/2007 • Jurisdiction Street address (Street number and name) ... -- It'u) (State) — (ZIP/Portal Code) (Province-Ifoppltcab/e) (Coamry) Mailing address (leave blank if same as street address) (Sheet number and name or Post Office Box information) (Gbl (Stare) (ZIP/Postal Code) (Province-tf.>PpBcable) (Camay) ID Number (Colorado Se eem.yofStott ID member) Entity name or true name • Form of entity • Jurisdiction • Street address • (Street number and name) (City) (State) . (ZIP/Pastal Code) (Province-(applicable) (Country) Mailing address - (leave blank if same as street address) • (Street number and.name or Post Office Box information) (CIO) (Stare) (LIP/Pmml Code) (Province (applicable) (Commy) ((the following statement applies,adoptthe statement by marking the box and include an atlachneent) 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 entitypatttm(be an entity formed ntda the laws of Colorado) • ID Number (Colorado Secretary algae lD member) MERGE_FON Paget of 5, Rev.3/29/2007 • • Entity name or true name Citicasters Co. • Fern of entity Corporation Jurisdiction Ohio • Street address 200 E. Besse Road (Street member and name) San Antonio TX 78209 ( J) Se) (ZIP/Postal Code) USA (Province-'applicable) (CovMz) Mailing address • (leave blank if same as street address) (Street rmmber and name or Post Office Box information) (OW (State) (ZiP/Postal Code) (Province tftpphcable) (Cavan) 3. Each merging entity has been merged into the surviving foreign entity. 4.(lithe foamingstatement apples.adopt the statement by marking the bra and state the appropriate docunad mmmber(s).) ❑ 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 • (lithe fallowing statement applies.adopt the statement by marking 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 Caution: Mark only one box)El The The surviving foreign entity maintains a registered agent in this state. • OR Q 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 ❑ The surviving foreign entity has not maintained a registered agent in this state and appoints a . registered agent to accept service pursuant to section 7-90-2043,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) • (Last) (Firm) (Middle) (Suffix) MERGE_FGN Page 3 of5 Rev.5(29/2007 • • • OR (if an entity) (Caution: Do not provide both an individual and an entity,name.) Street address (Street member and name) CO (City) (State) . (ZIP Code) Mailing address (leave blank,if same as street address) (Streit number and name or Part Office Bar information) CO (City) (State) (ZIP Code) 6. (If applicable,adopt the following statement by marking the box and Include an attachment) Q This document contains additional information as provided by law. 7.(Caution: Leave blank if the document does not have a delayed.effective date. Staling a delayed effective date has significant legal consequences. Read instructions before entering a date) (If the following statement applies,adopt the statement by entering a dime and,(applicable,time using the required format) The delayed effective date and,if applicable,time of this document are """`C0.tilt"'°�` a. (mm/dd') (y hoa:mamte 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,Under 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. 200 E. Besse Road (First) (Afiddre) tstrfl,:) (Street number and name or Post Office bar&formation) San Antonio TX 78209 ICay7 (,grate) (LP/Panal Code) USA (Peurin.e-Uappliable) (Cooney) (Ifapplicabte,adopt the fogowi gstatementby morbng the box and inched.an mmchmen) OThis document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. • MERGE FON Page 4 of 5 . - Rev.929/2007 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 JUN Page 5 of 5 ' Rev.5/29/2007 I Identify Results • • Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0022588 Parcel#: 131133000037 Tax Area:2281 Bordering County: Acres:48.42 Township Ranee Section Quart.Sec Subdlvlson 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 peed 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 FOB N1500'N89D24'E 935'532041'E 1416.40'5300'589D24'W 1700'TO TRUE P0B(IMPS ONLY#0035193 WESTERN CITIES BROADCASTIN CO) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed 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* Property Type 1 Commercial http://maps2.menick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 3/26/2010 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 Owners Name&Address: Property Address: 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' Detached SQ Ft: SQ Ft: http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 3/26/2010 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 Suilding# Property Type 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.mei±ick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 3/26/2010 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 935'532041'E 1416.40'S300'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 RE8 22.2000000 $2,009.09 AGE-LAND NORTHERN COLORADO WATER 1.0000000 $90.50 SPEC.PURPOSE- $125,422 $36,370 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-5059 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, 20102:59 PM To: Bethany Salzman; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'Joyce Wallace; 'brucenickerson@me.com'; 'Rebecca Toberman'; 'Jennifer Simmons'; 'Dan Dean'; 'nikki.shears@fcc.gov'; 'Troy Renken'; 'sbutherus@kbnengineers.com'; 'Barbara Cole'; 'Leah Heneger'; 'Ipenfold@mvfpd.org'; 'dpuccetti@fffd.us'; 'De Rose, Bobbi'; 'jodi@cwcwd.com'; 'roxanne@cwcwd.com'; 'donna.l.george@xcelenergy.com' Subject: RE-5059 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5059) 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 (kogle anco.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! kAstLwe rza As le AA. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 Submit by Email Print Form (I;ts Weld County Referral IlliC. COLORADO October 11 , 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone Case Number ! RE-5059 Please Reply By 1November 11, 2010 Planner I Kim Ogle Project Two Lot Recorded Exemption Legal Pad 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 ❑x 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: Upon review of my case files and computer under the above parcel number and property owner, no ACTIVE violations were noted. Signature Y-t}1 Date 10/11/2010 Agency '_oning Complian Offi er II +Weld County Planning Dept. +1555 N 17'°Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 10/12/2010 TUE 8: 15 FAX 141001/002 submit by:Email. Pint Forrn`', Weld County Referral O 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-5059 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. 0 Please notify me of any public hearings regarding this request. Comments: Signature L „A_ /KP DO 1 ?4(Year Date l 0/r 2-0i0 Agency 'r 1=Qt"Pi(K- ke51o/J 6 Feb +Weld County Planning Dept. +1555 N 17"Ave, Greeley,CO.80631 0(970)353.6100 ext.3540 +(970)304-6498 fax 10/18/2010 12:47 3036517702 PAGE 01/02 No- 1l- kU 6 • • 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 Case Number RE-5059 Please Reply 8y 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 (i We have reviewed the request and find no conflicts with our interests. © See attached letter. in Please notify me of any public hearings regarding this request. moments: t-zPc t(flt( C Signatlltt C.) C.I\ Date 1b i\ )1\0 Agency �� 3w.� : re 0: arc` *weld County Planning(Apt. 01555 N 17'"Ave Greeley,CO.90631 0(970)353-6100 a#.3340 *(970)304 3498fax Weld County Planning Department GREELEY OFFICE 1400Nov tl fi IfIiO 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 Case Number RE-5059 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 / Date /0/0Agency l'deist% azdj51ad De io.t,f r e +Weld County Planning Dept. 41555 N 17th Ave, Greeley,CO.80631 4(970)353.6100 ext.3540 0(970)304-6498 fax I (vita • Weld County Referral C. , - COLORADO October 1 2010 �'- =,11 • 0CT 12 2010 The Weld County Department of Planning Services has received the following item for,rreww ,,e . „ DrP Applicant Town of Firestone Case Number RE-5059 Please Reply By November 11, 2010 Planner I Kim Ogle Project Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 10.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise I 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 ❑ e 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 /V Date /1- /-/0 Agency --t-'W. •'r Weld County Planning Dept. •-1555 N 17th Ave, Greeley, CO. 80631 i•(970)353-6100 ext.3540 •:•(970)304-6498 fax p. Weld County Planning Departmen GREELEY OFFICE ritt‘- MEMORANDUM I�w � �ntr. RECEIVE VI TO: Kim Ogle, Planning Services DATE: November 1, 2020 FROM: Donald Carroll, Engineering Administrator Q. r COLORADO SUBJECT: RE-5059, 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 road 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: Road Access Policy: (Policy Established Sec. 8-2-10) If a drainage culvert is required, a 15- inch corrugated metal pipe is the County's minimum size requirement. Please contact the Public Works Department to adequately size your culvert. End treatment may be required. 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-5059. pc: RE-5059 M\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5059\RE-5059.docx 1 RESOS9 4, Weld County Public Works Dept. i -- < 1111H Street ACCESS PERMIT co P.O. Box758 APPLICATION FORM G.+„ � Greeley,CO 80632 ({Id\NOQ phone: (970)304-6496 Fax: (970)304-6497 Applicant t 11 Property Owner(If different than Applicant) 4treSlong. Name TlANAv-tit Ccsv..vNAU.VIIcc..ktn.-% Name flit.. oy effilTrany Ct+n:5 `M.t.54e,-s....'i IL (.4 TOO:) Address 4415 5. I...4 .i s. c.m 5't-'• Address I S 1 (-j';ZAwr-f' A,JE ' City-1).n•siErr_ State Cu Zip o01.-3, City hettS4We, State Co Zip 80520 Phone Business Phone 41O J-78- 0o,.9 X io 3 Fax Fax E-mail E-mail Con 445R"St"" '@ C' `ti,„ c. uS A=Existing Access A=Proposed Access tV® vAeu-. Parcel Location&Sketch The access is on WCR 1'1 Nearest Intersection:WCR Li &WCR I b WCR lb Distance from Intersection 16r•.,Ie. ± lel Parcel Number 1311 33000033 t- c Section/Township/Range 33 .1 — (o, z LS J 3`O 0 3 Is there an existing access to the property? YES NO N Number of Existing Accesses j-• Road Surface Type&Construction Information 4AFEr Asphalt Gravel Treated _ Other Culvert Size &Type Materials used to construct Access Construction Start Date Finish Date Proposed Use D Single Residential/$75 o Industrial/$150 o Temporary (Tracking Pad Required)/$75 o Subdivision/$150 o Small Commercial or Oil &Gas/$75 ID Large Commercial/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No o USR RE ❑ PUD o Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance ccYT -Access Pictures(From the Left, Right,&into the access) Pi-I51-O-5 Lt •kcce-'46 - V%a Ou-�Voa.►-k. — %1.0 VIE ". (s H APED—L.t is 413) • 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 Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Memorandum TO: Kim Ogle, W.C. Planning wilk DATE: November 8, 2010 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5059 NAME: Town of Firestone Environmental Health Services has reviewed this proposal to exempt 1.14 acres from a 46.71 acre site. Proposed lot A will consist of 1.14 acres and a future 1.5 million gallon water tank. Proposed lot B will consist of 45.57 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. DEPARTMENT OF PLANNING SERVICES Kit4 1555 N. 17`" GREELEY, COLORADO 80631 PHONE: (9(970) 353-6100, EXT. 3540 FAX: (970) 304-6498 111k. COLORADO Date: October 27, 2010 Applicant: Town of Firestone Project: Two-Lot Recorded Exemption Case Number: RE- 5059 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. Sincerely, Ken Swanson Building Official Weld County Building Department Submit by Email Print Form OIli 6 fte 41 '4 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 Case Number RE-5059 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. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan E21Ne have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comment*: 7/r/S Nar Z'4.P1.) 4Jirieki His 7u w Of 4*) PG N/4 /"1fLt/✓e4 /1/71,# l3pr/.>1214/2, Signature /44/ Date 4//Sfto Agency Pt1&!X ne- - / /k *Weld County Planning Dept. 01555 N 17th Ave, Greeley.CO.80631 0(970)353-8100 ext.3540 4(970)304-8498 fax N O N S1NVINISN00 JNIb33NION3 ad o '— 0NI dnaao 118 I H X3 311 S w N r 1IAI0 �� J r b O oavao1ao �- u; NOI1dW3X3 a3a� OJ32� 311S )INdl mu `° _ a z rum 3NO!S]BIi JO NMOl 5 0 O ...fil ,, .., ,.... 7i W W r"N W ; WN Z o z in } cn < WJ � I Q = �L I a � o to O — N y \ ,r ,. • , 1. ' N.. 1i 32 t... ?. - O r. w O UJ li. -- 4 .. . r _ - Z ,I in I V W tic < • i � I- d I- 2o � N ' O u v 0 f' r O O-t O 0 Z applimi. , W v1 _ U O Pik l'-' , r Q Z H u.. 1 L F- U O Iilial- In O3 et w 'r1 Li OOVS0'10J AO u, LU u, • �- - ANtldW07 3DU12135 Df18(ld d ,, —_ —• - LI HJM r kEr r . \ L ,00, I . . 1/4...../ _ _ - . . CI ,__ - • C.) he d f ;1 1 : • •- i ti • ;- . Ilr•• [Iri: 1: . • 4 I' • .. • Oil , 41'..1•1 CO 0 Q Uw • 2 f- it • _ . 0 Z H 2 O sto I ,III: w w ,.t, •r DI— � , I 0 „fill . ' f LOac a a-- C U " - . in 0. CCD o o O .- to in c1 � � J W � HO CD D in 'N t• k L1� O 1 Qe. C I / I.L. i :, J F° i oad8o1a0 do JDIn�Js Oi1ana _ - �> rdlIll.gi —� _ a. I- 1. J I ,• or .o. , L:= ... . Li i - Will . -----"Th\ t i- I f .t 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 row of FIACSloa21 CN41S .(csSens^tr ra Phone (,io) 178- 0024 X SOS Address IS I 64447 4401u[ (R0. Sex DO) City RYncS90ac State CO Zip 80520 2. Address or Location of Access 4800 WCR I? Section 33 Township P4 Range C.7 Subdivision NSA Block NSA Lot N/A Weld County Road# I? Side of Road C4 ST Distance from nearest intersection Z,OM Pt. 3. Is there an existing access to the property? Yes X No #of Accesses I 4. Proposed Use: (✓Permanent ( ResidentiaVAgricultural ( 199dustrial ( Temporary ( Subdivision (vCommercial (✓other VAT ert 7.4.31( tune noes. 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential WGR IG O&G = Oil&Gas D.R. = Ditch Road Q 01 C1 ❑ = House O = Shed •� �.• � S4 OtC1 A = Proposed Access 1; + = Existing Access ® = Exlsno& RAarc tor& • o Exr57N4 Wennt TO it o s Errata Wgrcw T44 E.S. Et.rctaun'- SuestATr& ri- es 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: (� ( • • 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 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: See Attached Legal Description CONVEYANCES (if none appear, so state): `• Reception No.: 1512807 Book: 591 N Reception No.: 1512808 Book: 591 N ReceptionNo.: 1512809 Book: 591 N Reception No.: 2109281 Book: 1165 Reception No.: 2162926 Book: 1217 `' Reception No.: 2165132 Book: 1218 Ns 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: �Os k1JoA_ Authignature SCHEDULE A LEGAL DESCRIPTION Part of the NW1/4 of Section 33,Township 2 North, Range 67 West of the 6t°P.M., Count 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 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 East-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 8795'16"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 r.Lli=xe.�� ., ..- J 1 WOMBI �n,KF! 591 Beano,N. 151260"1 Ueerder, ttaJS DEED, Made this ^�— /Stilt day all 819COBDRB'8 s'ra1� .. • Itcord• January in the year of our Lord one thousand , as st I pine hundred and a ixty-eight (196$) , I.' heels THE. LONGMO NATIONAL BANK, a National j $oolong 41sociation of Longmont, Colorado, . to es .. of the to - - - - County of Boulder. and '' r Silted Colorado,of the find'pat,and Suckle .Fatkae, Inc., ` a acorporation. organized and existing under'and •r ea virtue;"::of..the laws of attbe t:he State of ^' ..a Colorado end-S ateok Cate aa�of the g , . eeoynd part. That the said tarty of the first Par, for and in oaasida atloa of the aupt.af f Wrri�Res$ Al other good and valuable consideration and TEN ($10.00) > Si M to the said party of the Bid part, in hand-paid by the raid part yy of the amond part, the 1 o rec®pt whereof is hereby�eeoutreed and acknowledged,lute granted,6argainad, sold and'eeuveyed, S - •. ^ and by these.-presents/ sell, convey and confirm unto the acid party of ��3 es f the second pat, its 7 aidgne forever,all the following demand lot or panel • of land,Anita,Bing and being in the County of Weld and •:^ State of Colorado, to-wit: a> An undivided one-fourth (1/4) interest in and to: The North Half (N4) of Section Thirty-three (33) in t., Township Two (2), North, Range Sixty-seven (67) West of the 6th P.M., together.with all ditch and water rights appertaining to sai4•!premises; except h all easement/3, encumbrances and rights-of-wsy of record; and except for that certain parcel conveyed to Public Service Company of Colorado by bead recorded October 24, 1966, Reception NO. 1496279, m Book No. 574; end except mineral reservation in CPUDeed recorded May 15, 1891, in Book 97' at Page 490. In N lil Together with all and dafliar the hereditament'and appnrtmanea thereon!)bdongmg, or inn-anywise ,,,r. • appertaining,and At reversion and reversions,remainder and remainder;itte,imam sad profit'there.• jet of;and All**ate,,right, title, intend, claim and demand whatsoever, of the said party of the •- *.r, itint pant,Other It law or amity,of,in and to the above bargained pressing, with the at sad app rteaneea, To Have and To Hold the said premier above bargained end deegn'had, with.the ' r-- applmtmgsee',ante Suckle Farms, Inc., err the said party of the second part, its successor IS and pdgos farm. .: And the rid The Longmont National Bank, Trustee, ass rely of the Erse par,for itself its /su score ¢ "�s �stuce ran, bargain and ape to and with the rid - ttt ieeoth par, its /- liMli to srlinei the a bon ba in tsar gaiS 04 prileablo • . 140 of#0 PlOi party of the en:0d Par, its / nand sworn; aaabue all and 'm ever!pace oipmima bads thaw or to claim the whole or any part threat,by,through or cads .M: ` theeraid ,pf thafiid Part to W B$ANT AND FOREVER DEPEND. O' . ' il'W WEE$NOP,The said party of the first pact, bae®hr rt its -• - 4 t :lam rive sip sad Tsar find drove written. ,y .= 144.see•iw THE' [BHAI4 TRL18T. . � a (` Cashier r sident p ,11 Oomtb at Boulder ] tide , lath duet January H. MMeyer as President and. as ,M ;Longmont National Bank, a l''atioaabi Elttltlg �*r i r1o,' a sae. °° , :Debnied.�� E. v:_'FEE 7 1968 '" 1512808 Rdrptlal.No AM1 a1OM9,__,r, w INDEXER >. \ . '. : - RECORDER'S stew Tats DEED Made lad. •/.6".77 day as January .• M....68 ,bowie , Fgrr atncde L. Griffith, formerly know, a :Ida Frances,. Griffith and as FrancesidtVa Low a ; ;.Comity a Arapahoe and Sate of Colo- :at of �'Osrk and Suckle' Farms, Inc.,. -. CO . m { Epp , qt • Stet.cooPa IIon Dea.tdi. "'oa z " g •dDs tuber.ud b>�4d...of iu.kw.Of the Stets or Colorado , of th,'band yarn • ! taw J ►. • WWIESSZTIC'1b.t the mid patty of the Beet part, for and In consideration of the sum of ere OTHER:-000D AND VALUABLE CONSIDERATION AND TEN oe• to tae nid patty of the chit part a band paid y the said ($in.'00) DOLLARS +r heeeby eaafueed and aulm party o key d cond part,the resage worm[is 3�;: *, ewtedaed.US granted.6e:Retaed.sold end conveyed.and by kume-Dxaean an es ono,brunt,sell,convey and confine ma the said party'd the second part,Ito caeemeon.and assigns forever, `.g.. G an of tasfasowing deemed lot or parcel 'of Lard,situate,tying sad being a the `}c Cooutg ad Weld and Sate of Colorado,to wit: • An undivided one-half (1/2) interest in and to: • The North Half (Nil) 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 1 ' 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 UPRR Deed recorded May 15, 1891, in Book 97 at Page 490. TOOP19a6 with ell and Sogular the ampoltmante and bele�g or in am em aDFmtaapns thmsaYy ₹2 :UlyasamlCg,sad be reversionend ravening remabdr and remainders, aa ra ,bows and peas thereof;ad all t the a.tofei right,tact rest,alga and dmwdwhatromr of the sold party of the first park dam In law '. or egAly,af,a ad to the adola br'gatoed Droodms,with.Me horse amen and eppoatmaar. 1{ ., 'lt!EAVE AND TO BOLD the aid Deoiw above bargained and deaeelied,with the apaaetmaaees,ado he limey btu eeeond park lb uxeaura aid aaigaa forever.And the laid party. of the fiat part,far - I ''• liar -,f , her beim, neenes,and admbignatay.does comma,gnat,barrain and agree to ad Web • the eW party et the teemed Flak is sum ore end warm that at the time of the ensealbm sad tLeI p.nra, the eras wit seined of the Eremite- aanv above afnd.a of hand, , delivery of abelate and woos,os,ssMt.of Wheltance,In law,In fee simple,end Imo good right,fall pewee and lawful seats*to gza ` „ig rE agog*the arms Islamic sadden ad aforesaid,and that the ands are free bud clear from yooao.d ant other jaate, eel..,, Rear,tray reema and tnesmdnaamn of wlhaaysr bled.or were I! IA .oto Except for alr general taxes and assessments for 1968 payable a . January y, 1969; and Except for all easements and rights—of—way of record. 4 . lad ilia bees hargataed premier in the quiet-and mate pot enlo.of the add pars of the second wok is saameasand Mice,tamest aR and every tenon or prams lawfully themes or to elate the whole or any Pelt 14'. ` eeci.Se*Zany, of the flat part Wail and will WARRANT AND rOREVEE DEFEND. . 11 SIN*TIMIRROT,The aid party part has forborne set r of the fhbhed rd. atSet doll .the'des and year fiat aboamritten. 84x.4 Asobd nod Dellvead la the Peas of ky/i2Cs+t �� 1 I Franc , Go • f Ida ances Lu 1:< [REAL] - STATE OP COLORADO,CITY d, Csr►er DENVER � a € ,. The f°' > ,Vaa F imwle8LW before ma thi t5Tll day of January . . 1000' •by' Fran _ :11.- rgr ith, formerly known as Ida Frances Griffith and as Ida pty pemmlrth4 ..' .w . WlTNR88tiqiiamid' t:- l ,Sobyt,Mijommission expires March 6. 1988 )1,w yea"` I n No.'Ott waanurr'`' • .�/ y ...., • :fir :r C^ N P FEB ? 1968 / FT Gc .h71 bred se 1 151220—d v ." mnxn icti,I .,: l //n•''O , -. 1 Ne_ - Me S,anr.hemdt . EXECUTRIX'S DEED tt 1 r 1 �. a IS INDENTURE made this day-of .%tivary, 1968, by and : between Elizabeth T. Ludlow—as—Executrix of the Estate of Irving T. Ludlow, also laiown aa' Irving Ludlow and as I'. T. ''Ludlow, deceased, J,!,0 o,Grantor, and Suckle Farms, Inc., a corporation organized and" existing ri7 Minde-owr ,and by`virtue of the laws of the State of Colorado," Grantee: `; ea i'4, WITNESSETH TEAT, WHEREAS, Grantor 'is the.qualified Executrix ..;,,T =under the Last Will and Testament of. the alwda-named decedent, which • swag admitted to probate. on January 30, 1967, "by the`Diatrict Court.... in and for the County of Boulder, State,of_Colorado,.Eatate.No. 11334; W: . I . .* .•:4). '. WHEREAS, Article Four of said Last Will and Testament " I 10 J. .... G provides in part as follows: . ARTICLE FOUR I r I e k " APPOINTMBNT QP;.ESECUT08 ' • z I hereby nominate,, constitute.and..appoint my_wife, Elizabeth T LudOw,.as.Executrix .of this, my_Last Will.,and Testament : �`Avi In the event of her failure, refusal or inability to perform, I 3i I ncmliate, -constitute and appoint The. Longmont National lank, Longmo3Qt,. Colorado, to yarve::in.her.stead No.party.:named. w herein;s ll be required to furnish bond,.to.secrure the .. 3 faithgalthtarforaance-of .bar or" its;duties as such legal •s representative.. . • q I furtXer,e ressLy direct that my legal representative shall ., have tope samerpowers :as have been granted to, the u44fees • • ' • under he `terms and previsions .of thiciOINO'clINOLOW TRUST. Such . ¢er,,s7shall bk:exercisable by aylegal representative " 1 without the necessity of application tothe Court. • A!D Articlei,Eiglit `Gener4- Powe•rs and DutirOs(of ,the Trustees) pf the i> ingiT lTrys uattid Novembfr , 1402,-A! T2;I dl ded 9cFirstt."19 9t,�tov t £ TruaIrving , t . 'i 1964,,providesin:pgrt .asfolloios: • ' : vi , . ARTICLE SIGHT • GENERAL POWERS AND DUTIES OF THE TRUSTERS t �t u 1 5J (��F J 1 :.� J •.. r To thebextent..the e+lme. doJWot conflict with the General t @d JIi49itat�cdetailed:�, .Article Sevren, ivy I . �P " r b ;=pos sss4e ag,ito theestates"rc sated r I prga $rfor by this,trust the. following auditioasl powers I a Z. "..0 b; Section 8 la Tot take .fnll charge and a ntrol of the ,, I IF __ A00.000q tiher,trut estat,F; to pcgaess, m¢aage, control, * 1 3 aii,,trapsfgr, assign, gr�snty..co*spFy,. exchpnge, lease; .rent, A . iA 1 .u.. . .r) l 4t/ Ii',1 S e%cia I A :z 4.-s,,. w 2 �wi r, I � ✓ Rte.. +s.A4T' 10 • 1512809 %°r* 591 a-a :. option, abandons mortgage, pledge, or otherwise encumber or t.I dispose of any or all of the property'of the trust estates, t ' r. or any part or parcel thereof, or^� any substitute therefor, , upon such terms and conditions and for such purpose or . ril purposes and for-such consideration and for such period, any irrespective of the life or duration of the trust, as • s, they 'dem for the best interest of the.trust estates; and to erecute, ,acknowledge and deliver in this regard any and + &- all instruments necessary. therefor, and to. have.as to all e . of such-property' all'.of the powers that natural .persons might exercise in relation thereto if it were their own. 41 • z * e * ! # NOW, THEREFORE, pursuant to the power contained in said Will, I ₹ for a valuable consideration, receipt of which is hereby acknowledged, g, Graator does hereby sell and convey unto the Grantee, Suck):; Farms, , Inc. , its successorn and assigns forever, all the right, title, interest and estate of the said.,lrving.'T. Ludlow, also known as Irving Ludlow iliP 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 ZU in the County of Weld and State of Colorado, to-wit: b an undivided one-fourth (1/4) interest in and to: 4 74 S The North Half (;:,) of'Section Thirty-three (33) in Township , M.Two (2), North„ Range Sixty-seven (67) + West of the 6th P. together with all ditch and ' R w water rights appertaining to said premises; except • all easements, encumbrances and rights of-way of recordd; and:except for that certain parcel conveyed , to Public.Service; Company, of. Colorado.by-,peed recorded 2 1-1 October 24,. 1966, Reception No. 1496279, Book'No:: 574. 7.1 TO VB AND TO BDLD..THE SAME, with all the appurtenances thereunto belonging Or in anywise appertaining, to the. proper use benefit and ,�of;te said Grantee, its successors and assigns forever r r- kept;easm is and rights of-way of record; and except all general = taxes and assessmients for 1968 payable January 1 1969; and except mineral 4 ' reservation inUPRR Deed recorded May 15,' 18'91, in Book 97 at.Page ..90. 7 IM 3WITNESS WHEREOF, the said Grantor, as Executrix.of said 4 Estate as aforesaid, .has hereunto set her hand and seal the day and , year,first hereinabove written. 813 bath T. bid ow as cutrix . N't of the Estate o8 `wing T. .Ludlow, ' alsond . known as Irving Ludlow a as 71 I. T. Ludlow, deceased. ; f $741; o,CO*00D ) 17 CI a r couNw,0F ) ea. 1a a - ,foregoing instrument was acknowledged before me this eat g ' nag, 1908, by Elizabeth T Ludlow-asExecutrix of the • e� ,' 4r u Ludlow,L also known'as living Ludlow antes ' '.my.Ablid , • hand and official _seal. • • • AR2109281 8.1165 REC 02109281 08/04/87 11:42. g6.OO 1/002 . . .— F 1099 MARY ANN FEUERSTEIN. CLERK E. RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 31st day of ,puffy. ,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 DocumenterY Fee Limited Partnership. Date 8;y-91 whose legal address is 165 8. Union, Suite 6o6, Denver, Co. 80228 S t1�s of the 'County of I�eM1VBr ,Smte of Colorado,grantee: WITNESSETA,That the grantor,for and in consideration of ONE HUNDRED TWELVE THOUSAND EIGHT HUNDRED DOLLARS AND NO/100TNS------DOLLARS, the 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 teal property, together with improvements,if any.situate.lying and being in the County of Weld State of Colorado.described as follows: SEE ATTACHED EXEIEIT "A" also known by street and number as: Vacant Lend TOGETHER with all and singular the hetedimments and appurtenances thereto belonging,or in anywise appertaining.and the reversion and reversions.remainder and remainders,reran,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either In law or equity,of.in and to the above bargained premises,with the hereditament,and appurtenances. • TO HAVE ANDTO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and assigns forever.And the grantor.for Itself.and its successors,does covenant,grant,bargain.and agree mind with the grantee,his heirs and assigns,that at the time oFthe caseating and delivery of these presents.it is well seized of the premises above conveyed,has good, sure,perfect.absoluteand 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 muanerand form asafuresuid,and that the Banc are free and clear from all former and othergrants, bargains.sales,liens.ueuy,assessments.encumbrances and restrictions of whatever kind or nature soevr,except the general real estate taxes and assessments for 1981 and subsequent years; reservations, restrictions easemeats,aanndd rights, of vat opp reco"dr1 i •exc ptin and rese tag unto,the parrtyy or_the first"p'are,(grantdr)au, ng'he, fti ' ant interest =Jam to all -minerals o₹ whatsoever kind or character, in, under and upon, or that might be produced from the herein described land. ang ��rr The praamr;4hali'and will WARRANT AND FOREVER DEFEND the abovebargained premises in the qr peaceable/ possessih➢Pate grantee.his heirs and assigns.against all and every person or persons lawfully claiming the who any part thereof. , The singutarvidmLpr shall include the plural,the plural the singular,and the use of any gender shall be tannic fah genders p W WITNESS,WIKREO&The grantor has caused its corporate name to be hereunto subscribed by its J-ract President, and la`cdiporate seal M.be hereunto affixed, attested by its Secretary.the day and year first 0' above Written. Atmsc la Suckle Fa�rms,Inc.,,,a Colorado+ro's cation sam.7 y s N-r�ret B FRANK SUCKIA,°i""" STATE OF COLORADO County of U. Thgfotte kilsqument was acknowledged before me in the County of , SwEp�t this 3/,t day of Sri/yy ,198) ,by ;/Snrytl F C.,A COLORADO CORPORATION BY: FRANK SUCRTA PRESIDENT iwkyht tisf €- Y- y I A i ri.Wimess pyilpadand tfgcial seal, ==:tPi °�f Bl ; oJ.` 473 .S�F_;/ ., C: At?;e r<0...O az,licl�i caveo'ir..terC%errand.- wan. Or ce` No.408.Rev.534. WARRANTY DEED IDmaeaieal arrant ewada,c.ssn W.00 ate..tasmaes.CDants_ion,:334900 5s4 • • - , .B. 1165 REC 02109281 08/04/87 11:42 ;;6.00 2/002 • F 1100 MARY ANN PEUERSTEIN 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.0;.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 S32°41 '19"E a distance of 1416.40 feet; • thence S00°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. ARE162926 B 1217 REC 02162926 11/23/88 16:12 $6.00 1/002 F 0138 MARY ANN FEUERSTEIN CLERKS RECORDER WELD CO, CO CORRECTION WARRANTY DEED !' Recorder's Stamp THIS DEED, Made as of July 31 , 19 87,between Suckle Farms, Inc., a Colorado corporation a corporation duly organised and elating under and by virtue of the laws of the State of Colorado of the first part,and Surrey Front Range Limited Partnership, a Colorado limited partner- ship, 165 S. Union, Suite 606, Denver, Colorado 80228 of the City and County of Denver and State of • • Colorado of the second part: . good WITNESSETH,That the said party of the rant part,foretld� and valuable consideration ken s o , DOfae}N9, to the said party of the first nut iaenahpsid by the said party of the second part,the receipt whereof is here- ' by confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these prevent,doth great,bar- gala,sell,convey and confirm ttothe said party of the second part, its heirs,and aaigns for- : ever,all of the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado.to Wit; iZ See Attached Exhibit "A" • 'h This Correction Warranty Deed is executed to correct legal description of property conveyed by Warranty Deed dated July 31, 1987 and recorded August 4, 1987 in Book 1165 under Reception No. 02109281 in the records of the O Clerk and Recorder of Weld County, Colorado. i' I ' g • TOGETHER with all and singular the hendlhments and appurtenances thereinte belonging, or In anywise appertaining,and the reversion or reversions,remainders, rents,Sumas and profits thereof; and all the estate, right,tide,interest,claim sad demand whatsoever of the said party of the first part,either In law or equity,of,in .• and to the above bargained premises with the benditunenta sod appmtenanaea. ' TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the 4, said part 7 of the second pert its heirs and assigns forever.And the said partyufthefhatpart,for'teeth c) and its successors,doth covenant,grant,bargain,and agree to and with the said part y of the second part, its heirs and assign'',that at the time of the =eating and delivery of these presents it is well seised of the premises above conveyed,as of a good,ewe,perfect,absolute and indefeasible estate of inheritance,in law,In fee simple,and bath good right,full power and lawful authority to gnat,bargain,sell and convey the came i In manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains, sales,Rena taxes,assessments and tnembraneea of whatever kind ornatwesoever; 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 all minerals of whatsoever kind or character, in, under and upon, or that might be produced from the herein-described land, and the above bargained promises in the quiet and peaceable possession of the said past y of the second part • its heirs and assigns,Arlan all and even-person or persons lawful&y claiming or to claim the whole or any part thereof,the said party of the fiiret part shall and will WARRANT AND FOREVER DEFEND. .-EN-WITNE.SS WHEREOF,The said party of the first part bath cawed its corporate name to be hereunto I' President,and It,corporate seal to be hereunto affixed,attested by its Secretary,the first above written Attest: Suckle Farms, Inc., a Colorado y SEHc.._ :7. ...._..._... corporation atenti!-.4ff"iC s.aeaq. o I1d o Ey-._......__.`�, ' Frank Sucklea,, its re 'miens �� STATE OF COLORADOO0 _--VL: LL—_County of...6z.00 _Ju' me foregoing rout-want was acknowledged before me this :::�' 4''; day of//^J'ces,c 4.atti „I 19 88 ,by Prank Suckle 'vl(Vgp.'�QO(y;y ,1-7,h dmt d pantry of Suckle Pars, Inc., a Colorado -_N;d ' /;r;'.G v acaryoratlpa =�":: C:5 - r • My mt,del co�fasion 4pirai.�,.. Cx CC''�, F. Witness my band • -1q` I::.n .�J • ,, , d,�(5 *.. Lit,, % r, k No.40E. WARRANTY ono—Crtpnaoe,-a,Worl PuWbhleg ra..1514458kut Sped.Dena.colonia—a-15 • • F 0139 MARY OANN 2 926 /FEUERSTEIN CLERK88 6&1 RECORDER-WELD CO, Co EXHIBIT "A" TO CORRECTION SARXANTY DEED Part of the Northwest Quarter (NWl/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 WI/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. IP III B 1218 REC 02165132 12/15/88 11:42 $9.00 1/003 AR2165132 F 2156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO F. RECORDER'S STAMP I THIS DEED,blade this 12th day of December ,1s 88 between Surrey Front Range Limited Partnership, a limited partnership aaesporaXan duly organised and existing under and by virtue of the laws . D,tn;Y,; ry nin Fe, ofthe Stateof Colorado of the first part,and APB Broad- CV" /a_/6-$8•_ Icasting Company, Inc., I a corporation duly organised and existing under and by virtue of the laws 5 ......,...0-(-0.0.--_ I or 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,ter and in consideration of the sum of TEN and ne/100 II ($10.00) Dollars and other good and valuable consideration R WEENDEX to the said party of the first part In hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,hath granted,bargained,sold and conveyed,and by these presents does grant,bargain, li sell,convey and confirm,unto the said party of the second part,Its successors and assigns forever,all the following described eapareel of land.situate,lying and being in the County ofWeld I and State of Colorado,to-wit; See Exhibit A attached hereto and incorporated herein. 1 I SQ I 4% D I 11, 0' ealaslworasasaaee.alld-askew improvements I Iimprovementts and fixtures, constructed or located he TOGETHER with all and singular theAhereditaments and appurtenances thereunto belonging,or In anywise Iappertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate.right,title.interest,claim and demand whatsoever of the said party of the first pert,either In law or II equity,af,in and to the above bargained premises,with the hereditsments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said II party of the second part,its successors and assigns forever.And the said party of the first part,for itself,its successors and assigns,loth covenant,grant,bargain and agree to and with the II I I said party of the second part,its successors and assigns,that et the time of the ensealing and delivery of these I I presents it is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of Inheritance,in law,in fee simple,and bath good right,full power and lawful authority to grant,bargain,sell and II convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants. bargains,sales,liens,taxes,assessments and incumbrances of whatever kind or nature soever; except those I items shown on Exhibit B attached hereto and incorporated herein, and the above bargained premises in the quiet and peaceable possession of the said party of the second part.its successors and assigns against all and every person ar persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. iNdy1bfllE14rW,(IEREOF.The said party of the first part bath caused its esepse to name to be hereunto su 81�'dlT.its�C. '° nroardt-neramditreeForete.edte he keeentodfiuedlattesoedbyite General ,theday'apd�,yeArt}iiat above written. SURREY FRONT RANGE LIMITED PARTNERSHIP, I Iiodre ,�w��r� Vd: a Colorado limited partnership �'�T,., ac{7.�': �t; .m:: .a'..+ -•r.:. Syt S BROADCASTING COl@ANY, an Oklahon ,M.r3` xI` a [� corps gels, n 1 artner m .SE., neerviwy. By tb i ^�CU r...ln.,,l. T K ac Nic c1s, a/r e3A701s GO'EoRADO, 1S I sa. City and County*? Denver J IThe foregoing instrument was acknowledged before me this 12th day of December is 88 ,by J. Kent Nichols as Presidentend of Sun Broadcasting Company, an Oklahoma corporation as General Partne{,secawsef.W II of Surrey,.FrtOnt.Range Limited Partnership, a Colorado limited partnership. 'r�:........:'. wwssp rw satio • 0. ial commission expires%IZ/T Ff �� I '�• �� '.•.. r14y notarial my hand and o(ficia No.y6f.*FaesAeden'.gtocc.die.ntiselecereenekn—atone Paneling.aeLW.l,h ar...latrv'M.Com!I1—Mal aJdWJ—Sal `A_AI • • B 121B REC 02165132 12/15/88 11:42 $9.00 2/003 F 2157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EMEIT "A" TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APE 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 Cotner 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 (NW1/4) 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 Cor) 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 "E" 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 FEUERSTEIN CLERIC & 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 Onion 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. . • . � • • , AR23928.15 • Warranty Deed IBIS DEED:Is.a.conveyanee of the teal property deserted•below;including any Improvements and other appurtenances(the "propert?)from_rhe Individual(s),cospamtion(s),parmersbip(s),oroterentity(ies)named below as GRANTOR to the individual(s) or endry(les)named.below as GRANTEE.• () • The GRANTOR hereby sells ana'conveys.theproperty to the GRANLEEond'the GRANTOR warrants the tide m the pro sorry;except ' for(I)the lien-of 6Egeneral properly coxes for the year of this deed,which the GRANTEE will pay(2)any easement and rights-of,way shown of record(3)ant puenrreservadans.and=carom(4)aby ourstndmp mineral bath=thawn'.of record,(5)any protective covenanuand resmeoons shown ofrecard(6)any addidoaal matters shown below under'AdditionalWarrmty Exceptions'; and(7)Eubjeis to building and zoning regudadoes. $65.00 The Spedzc Terms of Mils Deed Are: - Ga tar. (Glue amep)and place(s)ofmidea:If the pone of the owner-grantor is Joining to this Deed to relcuse homestead rights.Mandl),:damn a. • • hesbaod.mdwife) APB BROADCASTING COMPANY,INC.,A COLORADO CORPORATION • • STATE DOCUM ARY.FEE' Grantee: (Give ro. e).oad adNes(a):statement of address,i ding available road or sum Osaka.) Date /0 /9� TSUNAMI COMMUNICATION INC.,A COLORADO CORPORATION 4 4'5,00 • Form of Co-Ownership: ofthere reeve or more grammes rowed,they will be considered meals as tame in common unless thc words'in joins uawey'or words of the oat=meaning are added is the ante below.) - Property Description (Rude county and sore.) 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: . Coeald&adom Ms ofa dollar,aaniss optical,adegmmmmWemiw for tide End will be presumed unless this convcyanaa in identified . . SIX HUNDRED FErir meet:,THOUSAND AND 00/100 ES and axorMitmal.) - Raonadom-RaMadam: Order GRANTOR lomat to mem any ha=In the property or so canny less than Ii owned,or if the GRANTOR la medcdnp the GRAMME'S right ha the property,coke appropriate iodization.) • Additional Waraady Exception (Rude deeds of mast being assumed and other maces am covered above.) SEHATTACHFiD Enna B • • Executed by the Gnnter•ou iUNE 9. 1994 . Sigmturo for Corporation,Partnership or Association Signature for Individd(5): • APR B ,ADCASTING COMPANY.INC..A COLORADO CORPORATION AKA APB BROADCASTING INC. ' 'N of Granma Co ration,Parmn'ee,abiip or amender, - Grantor WILLIE II ENT Grantor • By L Grantor ' Attest i Illy' . STA • OLORADO ) n . CO OF • ) JUNE,oink':instmmeni;w,acknowledged before me this 901 day of JUNE,1994' ' Be Al. :RCLN`ASTINr COMPANY,INC.,A COLORADO CORPORATION AIU.APB BROADCASTING,INC.,BY WILLIE D. • DAVLS„P' c=.a W $myh'dad and odimnilical. . J —g --- MfySamaWan.expires.,OCTOBER 20.1997 C , Notary Public r•T+.S.TA ��-Y • )u. 1221 8TH AVE.;GREELEY, CO! • c rTh go' g`cos.. pdnent was acknowledged before me this day of , •e PhwnG'ntlMEuclGransor(s)or if Grantor is Coporation•Para,nhlp or Association.then idemi&signers a presidtnror Mee oraidrn and secretary ' or aisisemCucrerncy of-corporation:or as paomr(s)of partnership:or a authorized member(s)of assoeiadon.) ' WITNESS•, i hand and-official-seal. My commission expires: Notary Public 01981 UPDATE LEGAL FORMS WCIC No.201-L • 815 OF 0486 MARY ANN Z 06/10/94 6 6 FEUERSTEINCLERK & RECORDER WELD CU, CO - EXHIBIT A TO WARRANTY DEED DATED: CONE 9, 1994 GRANTOR: APB 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°1'24' 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 006 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 feat; thence North 890 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 East-West Centerline of Section 33; thence South.890 24' 20" West along said East-West Centerline, a distance of :L700,00 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 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" Bast; 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 WITH THE RADIO TRANSMISSION TOWER SITUATED THEREON. • • B 1446 REC 02392815 06/10/94 15 :44 $15.00 3/003 F 0487 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT B TO WARRANTY DEED • DATED: JUNE . 9 , • GRANTOR: APB BROADCASTING COMPANY, INC. , A COLORADO CORPORATION GRANTEE': TSUNAMI COMMUNICATION INC. , A COLORADO CORPORATION 1. LEASE AGREEMENT DATED AS OF MARCH18,.. 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, 1993,: 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 WI.TH' 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. Hello