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Home My WebLink About20103192.tiff 'rjrlI ' DEPARTMENT OF PLANNING SERVICES Wi`D C RECORDED EXEMPTION ADMINISTRATIVE 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: �b(0 3/i2 • • 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 Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(Wco.weld.co.us. 5. The Weld County Department of Planning Staff's 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. WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N171 n AVENUE GREELEY, CO 80631 PHONE:970-353-61 0, EXT. 3540/FAX:970-304-6498 Date: (.)' ' A .3 20 11 Receipt" No.t 5 2^ n Received From: � � } } L/C-U Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE ¢560-RECORDING EE I /1/ I J ❑CASH ❑CHECK NO. I. ( '� ' l , I I v CREDIT CARD TOTAL FEE ; Receipted By: /! K:6.. t/bL# Exp. i �► Kim Ogle From: Kim Ogle Sent: Monday, January 31, 2011 9:09 AM To: 'cmessersmith@ccginc.us' Subject: RE: 0668.0128.02 TSSP, Recorded Exemption Mylars Good morning Staff will be working with the Recorders office on this request. Should an issue arise, Weld County will contact your office. From: Chris Messersmith fmailto:cmessersmith@ccginc.usj Sent: Monday, January 31, 2011 9:03 AM To: Kim Ogle Subject: 0668.0128.02 TSSP, Recorded Exemption Mylars Hi Kim, David from my office dropped off the signed RE-5059 and RE-5060 mylars at the end of last week. I included two originals of each recorded exemption so the Town could get an original mylar for their records. This is the same procedure that the Town follows for annexations, plats, etc. Is there anything I need to do to ensure that the second set of mylars get back to the Town of Firestone? Thanks again for your help, Chris CCG Chris E. Messersmith, P.E. Colorado Civil Group, Inc. 1413 West 29th Street Loveland, CO 80538 www.ccginc.us p: 970.278.0029 x 103 c: 970.980.5497 cmessersmith@ccginc.us Kim Ogle From: Kim Ogle Sent: Monday, January 31, 2011 9:09 AM To: 'cmessersmith@ccginc.us' Subject: RE: 0668.0128.02 TSSP, Recorded Exemption Mylars Good morning Staff will be working with the Recorders office on this request. Should an issue arise, Weld County will contact your office. From: Chris Messersmith Tmailto:cmessersmithna ccginc.usl Sent: Monday, January 31, 2011 9:03 AM To: Kim Ogle Subject: 0668.0128.02 TSSP, Recorded Exemption Mylars Hi Kim, David from my office dropped off the signed RE-5059 and RE-5060 mylars at the end of last week. I included two originals of each recorded exemption so the Town could get an original mylar for their records. This is the same procedure that the Town follows for annexations, plats, etc. Is there anything I need to do to ensure that the second set of mylars get back to the Town of Firestone? Thanks again for your help, Chris CCG Chris E. Messersmith, P.E. Colorado Civil Group, Inc. 1413 West 29th Street Loveland, CO 80538 www.ccginc.us p: 970.278.0029 x 103 c: 970.980.5497 cmessersmith@ccginc.us �� rirgd DEPARTMENT PHONE: OCPLANNING 17u7 SERVICE E. R 1910€ 1970 ADD 80Ci F ) 353-6 53 OLORAD AX, (9701304 s4 EXT. 3540 O 98 Date: October 27, 2010 Project:Applicant: Town of Firestone Two-Lot Case Recorded e Number: RE 5059 Exemption Parcel Number. 1311 33 000037 iht App/icant's statement i orrnation supplied; indicates there will be no co str e no building permits will be Sincerely required. action on sit .Based on the Ken Swanso Building n weld County'cBuilding Department Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 11, 2010 2:59 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 (kodle(a co.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! K.vistiwe 12)2wsevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 11, 2010 3:00 PM To: 'cmessersmith@ccginc.us' Subject: Case RE-5059 and Re-5060 Attachments: Applicant letter.pdf; Applicant letter.pdf Please see the attached letters. If you have any questions, please let us know. Thank you! Krsti,we RGiwsLEA . Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • DEPARTMENT OF PLANNING SERVICES I 1555 N 178h AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 WI l 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, Digitally signed bythori of Ranslem Reason:I am the author of this document Location:1555 N 17th Ave Date:2010.10.11 13:31:44-06'00' Kim Ogle Planner 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 '/z' 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, ncel /0: J Chris E. Messersmith, P.E. Town Engineer cc: Mr. Wes LaVanchy, Town Manager • • 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 6th 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 ture ❑ Access to Property ❑ Oil & Gas Structures Crop o Productions o Utilities On-Site (transmission lines) ❑ 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. Wi`PG APPLICATION FLOW SHEET COLORADO APPLICANT: TOWN OF FIRESTONE CASE # RE-5059/ RE-5060 REQUEST: TWO LOT RECORDED EXEMPTION LEGAL: PART NW4 33-2-67 LOCATION: 0.5 MILE NORTH OF CR 14, EAST OF AND ADJACNET TO CR 17 PARCEL ID #: 1311-33-0-00-037 ACRES: 48 Date By Application Received 10-7-2010 Parko-Martin Application Completed 10-11-2010 Ogle Referrals listed Vicinity map prepared File assembled 'Dinh() r�/C Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date 12. 4— (0 Vet Surrounding property owners notified Presentationprepared CC action: // e nsnA G4—6 &yVr , �e CC resolution received v Date By Plat recorded and filed 1/4,1/ �f� 3 Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ Panel #080266 Road Impact x RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ 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.usl Legal Description Part of the NW/4 of , Section 33 , Township2 North, Range67 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? YesX No FEE OWNER(S) OF THE PROPERTY: Name: Citicasters Co.c/o Clear Channel Communications Work Phone# N/A Home Phone#N/A Email Address N/A Address:200 E.Basse Road City/State/Zip Code San Antonio,Texas 78209 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name:Town of Firestone Attn:Chris Messersmith Work Phone# (970)278-0029 Home Phone#N/A Email Address cmessersmith@ccginc.us Address: 151 Grant Avenue(P.O.Box 100) City/State/Zip Code Firestone,CO 80520 Lot A Lot B Lot C Lot D Smaller Parcel Water Source N/A N/A Type of Sewer N/A N/A Proposed Use 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 vti below: (o<5thr 1 below: below' below: Cl Ned/ die, ji 1 No LO:CD Jd/1 y/5'1n+fb ‘1, * If the property is vacant or unimproved write proposed water source and propose sewer system for each parcel In the blanks above. For A 10 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 letter o uthorization from all fee owners must be included with the application. If a corporation is the fee owner, notarize 'dence ust be included showing the signatory has the legal authority to sign for the corporation. . Yn 'CV c) jp)(PC.) Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date (4 ( rat 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, raja Jack Lambiotte Director of Engineering Clear Channel Denver 303-525-7007 tAOTAR `., PUBLIC E.7O I %LC „c7 CIO; ��.,^ Eipkes I<E-C RECORDE•EXEMPTION (RE) SUBMITTAL C•CKLIST APPLICATION REQUIREMENTS: % One original recorded exemption application form plus three copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation - documentation indicating that the person signing is authorized (officer of the corporation) to sign the application. X One original completed Recorded Exemption questionnaire plus three copies. N/A One digital or electronic copy of completed application materials, if required X One legible 8-1/2" by 11" map drawn to include the following items plus three copies. 0' North arrow ¢' Estimated boundary of the property m' All existing and proposed lots (including approximate size in acres) e Easements and/or rights-of-way f8' Existing roads/highways abutting the property G7' All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics X One original Weld County Road Access Information Sheet plus one copy. Clearly indicate all existing and proposed accesses(residential, agricultural, oil and gas, ditch, etc). X One copy of a legible deed or legal instrument identifying the applicant's interest in the property. N/A Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing service or availability of water service to each proposed lot. If using a well, please complete the attached Water Supply Information Summary. N/A Two copies of any existing septic system permit(s) on each lot or one copy of a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each proposed lot. X One original Certificate of Conveyance (COC) form and all attachments provided by the title company. X One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. N/A One original Acreage Waiver form, if applicable. X Application fees Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - one original of the following; application, questionnaire, map, Road Access Info Sheet, one copy of deed, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit, one original COC and any attachments, one Weld County Treasurers Tax Statement, one Acreage Waiver form (if applicable). Packet 2 will contain - one copy of the following; application, questionnaire, map, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit. Packet 3 will contain - one copy of the following; application, questionnaire, map, one copy Road Access Info sheet. Packet 4 will contain-one copy of the following; application, questionnaire, map. Updated 08-01.09 -1- • • 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. 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 TVpa 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: Pro erty 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: Attached SQ Ft: Detached 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 Buildino# 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 ggyaggt Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 3/26/2010 S • : .. .___.,,,,titlek;:‘,...,„••,„_,._ , . : , , . .... .. • ..... ...._..... ..... _., .. --1-7 ••••t+ • •i.;__ ____, ,. Fa. ; fI► fly . • -,...'-'..---.1,'- '.'.;-•,: -.'.,•;;'- ` w { _.;.,.•..•;,...,p,..1 sr • •v' m t !t bea �','' a va S 4 " { f • 1 •'II I _ • • 5 • • • • 4 # t. REFERRAL LIST APPLICANT: TOWN OF FIRESTONE. CASE # RE-5059/ 5, 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 _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority X Firestone Hudson F-7 X Building Inspection _Fort Lupton _Johnstown F-8 X Code Compliance X Frederick x Frederick-Firestone Fire _Kim Ogle (Landscape Plans) Garden City x Mountain View F-10 Lin (Addressing Change of Zone) Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont _Wiggins F-18 _Oil & Gas Conservation Commission X Mead _Windsor/Severance F-17 Milliken Division of Wildlife _New Raymer Legal X South Hwy 66(Loveland) _Northglenn Parcel ID# North Hwy 66(Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA X Platteville Airport Soil Conservation Districts _Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# _Boulder Valley/Longmont _Windsor IGA? ORD# Brighton/SE Weld MUD? Centennial Counties X GreeleyNVest 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 Central Weld County Water Dist Federal Aviation Admin(Structures X PUBLIC SERVICE CO over 200 ft or w/in 20000 ft of Pub Airport X Federal Communications Comm _ 0 0 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 Milliken F-11 _Greeley _ _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 6 41" Weld County -_ WI I g Referral C. COLORADO October 11 , 2010 - _,I � , 0CT 12 2010 _ Hi The Weld County Department of Planning Services has received the following item for review _ + j Applicant Town of Firestone I Case Number ! RE-5059 Please Reply By November 11, 2010 ! Planner Kim Ogle Project Two Lot Recorded Exemption Legal I Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location l 0.5 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. O 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 Date //- /-/0 Agency -r?w.489/ . :•Weld County Planning Dept. •:1555 N 171h Ave. Greeley, CO. 80631 ••(970) 353-6100 ext.3540 +(970)304-6498 tax • • Weld County PlanningKist Department GREELEY OFFICE MEMORANDUM nl . r' ` '� %'�1iF t �<< p I ED �• TO: Kim Ogle, Planning Services g 9 DATE: November 1, 2020 W FROM: Donald Carroll, Engineering Administrator i % ' 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 • �Yco Weld County Public Works Dept. • 3 1111 H Street ACCESS PERMIT -0orP.O. Box 758 APPLICATION FORM * Greeley, CO 80632 ct/C NJ Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name CHRIS ASSMAIM Name (nu 4sTrtf Co. • CHAD 043 Company rwa Op FRcsToac Address ZOO E. 64550 Ro4O Address 151 (IMO A+WOE (p.o, Bolt 10O) City SAN Aa•rogio State Tx Zip 782O? City Fiat sroai. State CO Zip 9052O Phone (210) 83Z• 3317 Business Phone (970) 278. 0021 x 1O3 Fax N/A Fax NA E-mail Cha4OA1ecicm-chanrt-/.tom E-mail cnttnscrsm;fh@cctlgc.us A= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR 17 RE' t 4' 3 Nearest Intersection:WCR 1.7 &WCR IG ACC¢55 9 'I AJ 4 (2. Distance from Intersection 1,990 B. WA Parcel I Parcel Number 1311.35-0 - 00. 037 COG ) Section/Township/Range 3312N 4717 Is there an existing access to the property? 0 NO Number of Existing Accesses I Road Surface Type&Construction Information Asphalt_ Gravel X Treated _ Other Culvert Size&Type NIA Materials used to construct Access 6140.t. (Exlsn.4) I I I I Construction Start Date NA Finish Date NIA Proposed Use AIM ❑Temporary (Tracking Pad Required)/$75 ❑ Single Residential/$75 o Industrial/$150 ❑ Small Commercial or Oil&Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 ❑ Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No ❑ USR 'd RE ❑ 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 �Z Printed Name Cams AtESft'Kcsrra Date /OHM Approval or Denial will be issued In minimum of 5 days. Approved by Revised Date 6/29/10 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 Or FlntStoa f, CN415 rltasenswr ra Phone (970) 278- 0021 Y IDS Address ICI e1Mst A4xrlut (io. Bex DO City CMTSTIPIV State CO Zip 80520 2. Address or Location of Access `BOO WCR I? Section 33 Township 2N Range C{W Subdivision N/A Block N/A I of NSA Weld County Road#: 17 Side of Road 6451 Distance from nearest intersection 1, 000 Fr. 3. Is there an existing access to the property? Yes X No #of Accesses I 4. Proposed Use: (✓Permanent ( Residential/Agricultural ( I dustrial ( Temporary ( Subdivision (vCommercial (.'6ther 047 ea Tg4K QADIo Tian. .....................••__:_•___.:.....................,:_:>__************..................._•___*.._........................... 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential WCR IC O&G = Oil&Gas D.R. = Ditch Road Q 0 o1 tt ❑ = House O = Shed •i• t 0• OtC1121 01 C1 A = Proposed Access + = Existing Access = Exls-not, Raono tool t E.5. • = Exlsn-c Watottwit O rutvn( Wgren. Mu E.S. = E ctntr.a.. Supsta'nrJ ce 3 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized LI Information Insufficient Reviewed By: Title: (7 ( yA Weld County Public Works Dept. sue` 1111 H Street ACCESS PERMIT 9 ,p dr co P.O. Box 758 V- "mg) Greeley, Co 80632 APPLICATION FORM (/C wOQ Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name CHRIS /455(R5atTP Name CtT,cAsttrts Co. • CHAD O .3 Company run./ Op FRcsrotc Address 20O E. 8A5sc Ro.O Address let Cinaat A+wUE (F.°. Bo" 100) City SAN 4470410 State Tx Zip 78201 City FRcsroae State Co Zip 9052o Phone (710) B32- 33l7 Business Phone (970) 17b•0O79 x 103 Fax NA Fax N/A E-mail Ch44Oan e[i nrchunitl.tom E-mail Colt ssersm;41i@cc 'ulc.os A= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR (� Nearest Intersection:WCR &WCR I" WCR I(o Distance from Intersection I,99O F1. Sou1H Parcel Number 1311.33-0 - 00. 03? Section/Township/Range 331214 I 1,7k) T 5 Is there an existing access to the property? e NO N 3 3 Number of Existing Accesses I Road Surface Type&Construction Information Asphalt_ Gravel X Treated _ Other 51152. WCR 14 Culvert Size&Type N/A Materials used to construct Access C1rt446t- (ExtsrtaA') Construction Start Date N1/A Finish Date N/A Proposed Use N/4 o Temporary (Tracking Pad Required)/$75 ❑ Single Residential/$75 o Industrial/$150 o Small Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No o USR %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 construction. Signature i'4 7/ 7 Printed Name Cunts /44Sfel?(41f4 Date /0/c/10 Approval or Denial will he issued in minimum of 5 days. Approved by Revised Date 6/29/10 RE Sock � O C°Oy� Weld County Public Works Dept. < 1111HStreet ACCESS PERMIT P.O. Box 758 APPLICATION FORM O a!r a+� Greeley, CO 80632 e(;CWO Phone: (970)304-6496 Fax: (970)304-6497 Applicant ( 1 Property Owner(If different than Applicant) Name 7-O,..nof kre 5yonp f Name IsyN av-.\ C.w,.,,,,,`4✓s.r e..itn..„ y ek :s (4Ttut) Address (-1415 5. L•-lo ,au ST • Address I S I G'?.AtJT'- 4" • 1 City-DA uue-tz State Cu Zip po"L3- City ectreAttree State Co Zip 8b520 Phone Business Phone 4'lo -18- OOZY X I03 Fax Fax E-mail�, E-mail Con 5R ^�s �+@ Cc GO V% c U S ♦= Existing Access A=Proposed Access 421 Parcel Location &Sketch The access is on WCR l� Nearest Intersection:WCR L"1 &WCR Ito wce ✓b Distance from Intersection 11 w ;le. ±. Parcel Number nit 330D003'1 t✓ Section/Township/Range 33 - Z — f"7 T 5 'tot Is there an existing access to the property? YES NO N Number of Existing Accesses 3- Road Surface Type&Construction Information Viet— Asphalt_ Gravel Treated _ Other Culvert Size &Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 o Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 ❑ Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No o USR IRE o PUD ❑ Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,& into the access) -Ye �/JhTiu[.v .Lccc4S — I�ott �oa►� — o VIE ". (swRREb—Letn F3) • 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 • • • o f d Existing Access — Looking Southeast Existing Access — Looking North _ Existing Access — Looking East Memorandum TO: Kim Ogle, W.C. Planning 9 ' 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. Submit by Email Print Form (it Weld County Referral C. COLORADO October 11 , 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone I Case Number RE-5059 Please Reply By I November 11, 2010 Planner Kim Ogle ProjectI Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location I 0.5 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. O 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. El 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. o Signature Y. l'lr\fsk , ` Date 10/11/2010 Agency ZoningCompliant,e7Officer II 4Weld County Planning Dept. •51555 N 171h Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 10/12/2010 TUE 8: 15 FAX • • 2001/002 . Submit by!Emaill Print Form' a(TN,H‘e, CWeld County Referral• October 11 , 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Town of Firestone ' Case Number I RE-5O59 ---------- .-..._-_---------- 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. El/We have reviewed the request and find that it does/does not comply with our Comprehensive Plan D 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: CO Signature ��/PR- Oil V iD !" I ;!(Y e//II Date /0/+7%010 Agency r_0f/CK riv2t5foAi . Feb C•Weld County Planning Dept 41555 N 17'"Ave, Greeley,CO.80631 4(970)353-6100 ex1.3540 +.•(970)304-6498 fax 10/18/2010 12:47 30365142 • PAGE 01/02 l0- 1/41/4- 1O j 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 ey 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 gi 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. Comments: t'rc •,,a Signet .- Ucs Date It) \Q),‘© Agency ; re `a. J ri 4Weld County Panning oepl. .91555 nil e Ave Greeley,CO.00631 •(970)353-6100 ext.3540 9(970)3048498 fax • • I Submit by Email I I Print Norm Weld County Planning Department GREELEY OFFICE Kit Nov n 5 7-010 RECEIVE' Weld County Referral C. COLORADO October 11 , 2010 The Weld County Department of Planning Services has received the following item for review: Applicant I Town of Firestone Case Number RE-5059 Please Reply By 1November 11, 2010 Planner Kim Ogle Project I Two Lot Recorded Exemption Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location 0.5 miles north of CR 14; east of and adjacent to CR 17. For a more precise location, see legal. Parcel Number i 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. Q Please notify me of any public hearings regarding this request Comments: Signature Date 11 Wie /do A Agency C la j.diSio-t jC at-me +Weld County Planning Dept. +1555 N 17th Ave, Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax • • Submit by Email Print Form i Weld County Referral 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 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 I2-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: 77.t/S Nar ze.--44":40 'irrw 7Hi 7≥ -' 1/ /11EA) R./b./NMI l^ffLti (4 III2tI /3OrJN ? Signature *1;7? Date // e'o Agency ZPtNJ,1(-: fteik Ne4vmej *Weld County Planning Dept 41555 N 17'"Ave, Greeley.CO.80631 4(970)353-6100 ext.3540 4(970)3046498(ax (..'' . ii ,„,,..„„,..., Ill 0 r.. rt s. e F . .4 • S1 1 a. n 4 S :ors I r�' 4: 14 i' °d. � I i-i,t • tY yti • 4. • g o Ctri P '7 rn Fn I m rn 0 —I v . V] 'i, `'^ s o ` Z m rnii F k , z o g g i --I —I s 0 Y 0 7 TOWN OF FIRESTONE .r o > n m o° s . = J o n FD TANK SITE RECORDED EXEMPTION T F I0 0 rn --I CC/'� COLORADO o NJ C C . . A SITE EXHIBIT /V_ -- o m GROUP,INC. oill 0 oNo N ENGINEERING CONSULTANTS RE - 2 .f ,."gypp" >. �1 �` ` r • II 03 'inn.. €` \s �1' b art: ..y,.. 4' F . • �, . y` Nill Z: • • v w z:� n i tom' 2.(/) .,#e:,;'''''.' ti OZ- CO } = � a if EL `+ L. : to _ iV r ,n ,� m. I'"1 c tL 070 N2CcL L✓ ; 4 WLu. i - - - � F° � a "' lioakiii,..•-.• 3 _. . ._ . • .I:L.. OOV8O1OO dO d3U12JJS Or lend • a ri A U it 0 O jr i I - LU I, a ' ,4 r u. I M „ii, I'll' 1 H COLORADO CIVIL GROUP, INC. Engineering Consultants To: Chib Gdlhrnmi K,m pt�E. TRANSMITTAL Weld County Planning Department 1 555 N 17th Avenue Greeley, CO 80631 Project Name: Town of Firestone, Tank Site Subdivision Plat Date: October 7, 2010 Project Number: 0668.0128.02 Re: Recorded Exemptions Quantity Item Description 2 Document Certificate of Conveyances 2 Document Access Permit Remarks: Hi Chris, Included are updated copies of the Certificate of Conveyances and the Access Permit for Packets 1 and 3 for both Recorded Exemptions. The documents are identical for both Recorded Exemptions. Please give me a call if you have any questions or need anything else from me. I appreciate all of your help with this. Thanks again, By: Chris E. Messersmith, P.E. CC To: File • COLORADO CIVIL GROUP, INC. • 1413 W. 29" Street • Loveland, Colorado 80538 • 970-278-0029 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 noneappear, so state): /Reception No.: 1512807 V Book; 591 Reception No.: 1512808V ; Book: 591 Reception No.: 1512809 J Book; 591 Reception No.: 2109281 t/ Book: 1165 Reception No.: 2162926 Book: 1217 Reception No.: 2165132 Book: 1218 Reception No.: 2392815J 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 24th day of September,A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO RADO BY: j L V.19aale Autholized Signature - • SCHEDULE A LEGAL DESCRIPTION Part of the NW1/4 of Section 33,Township 2 North,Range 67 West of the 6th P.M., Count of Weld,State of Colorado,being described as: Beginning at the Wl/4 corner of said Section 33;thence North 89°24'20"East on an assumed bearing along the East-West centerline of said Section 33,a distance of 180.00 feet to the True Point of Beginning; thence North 00°00'00"East parallel to the West line of said Section 33 and along the East R.O.W line of a 180.00 foot R.O.W for Public Service Company,a distance of 1500.00 feet;thence North 89°24'20"East parallel to the Fast-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 NW1/4 of Section 33,Township 2 North,Range 67 West of the 6a'P.M., County of Weld, State of Colorado, said centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33,which bears North 00°00'00"East,645.00 feet from the W1/4 corner of said Section 33;thence North 87°15'16"East on an assumed bearing along an extension of the centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning f said access easement,said point being on the Easterly Right of Way line of Weld County Road#17;thence North 87°15'16"East along said centerline of access easement,a distance of 150.17 feet t the East line of said Public Service Company Right of Way,said point being the end of access across said Public Service Company Right of Way • III..-- . iltorsa es,, r, te • • - -- - _ . .-i 591 Bee�ea No 1518810'7 ANN aaoaua aeeoraer n,crxve p... s DEEs, Made this -�'� . dery d asconazwa nsma;' V" _-: January in the year of one Lord one thmmend �' ninahnndredand :sixty-eight (1968) , m i between THE LO?&NONT NATIONAL BANK, a National ni Banking Association of Longmont, Colorado, . & i ; C' Trustee - .l O •} . 1 of'the - = - County of Boulder and l.- ; N s gte of Colorado,of the find'part,and Suakin Prit®s, Inc. . - ` 3 a corpoon. organized And existing under and i i 'ri err by: virtue of.•the laws of wade . the State! of emmtrof "Colorado and itateace onag of the v - earned past ., WITHEM@ETH,That the said party of thefirst part, for end is eomddaradon of the wilt of ., other gondand valuable consideration and TEN ($10.00) Dollars � e': ., to the said ppity of the fast part, in hand'paid by the said part yp of Ike second part, the �1 7 0 receipt whereof is hereby Messed and adreowledged,has granted,bargained mold and conveyed, I- 4y e ' and by these:presents j%gnp sell, convey and confirm noto the said petty of ,m 7 the second part, its- 7'-- seldge forever, dl the following daam'bed lot. or parcel '4 dined,situate,lying and heirs/in the County of Weld and State as Colorado, to-wit: 9 An undivided one-fourth (1/4) interest in and to: A The North Half (NDof Section Thirty-three (33) in g '? Township,Two (2)., North, Range Sixty-seven (67) Weet of the 6th P.M. together.with all ditch and LI water rights appertaining to said 'premises, except 72 1. all'easements, encumbrances and rights-of-way of �) record; and except for that certain parcel conveyed e fl' to Public Service Company of Colorado by-Deed a) recorded October 24, 1966, Reception NC: 1496279, Book No. 574; and except mineral reservation in UPRR to al ry r' Deed recorded May 15, 1891, in Book 97` at Page 490. #` Together with al and SOW the hamaitamenu and Ripeness=therrennto helonp.g,.or in anywise %•, apDa'Wnmi,and be rerecaion and reversions,remainder end remainders,rem*imam aid profits then .' It-. - of; Bad all*idle,sight, title, interest, ebbe and demand whatsoever, of the laid party of the . - I that pot, aitbis"fe law or equity, of, in and to the above bargained premier,with the • avid sppmtemaneesi To Ban and To Hold the said premises above bargained and dam'hed, IA&the appm�tasmoe%uoto Suckle Farms, Inc., s the said part.y of the second part, its successors Stir"41. �i The Longmont National Bank, Trustee, ' a party of the Bret past,for itself its /stl sore le • I / , ,./r.,,....:),06.1.4.7 sauce®��gt, era°R '�° end agree to and with the add peaty 1 of the ' '9 ,its ./ °1stnd•'igna,ehn slier-ha p iq the quint and psaae-- -Per:40a!ea pet y of the weed pert, its / `Wee and arog es egoiast evey'missy !lawfully than or to claim the whole er WI Part .by,t ID ,p: tin laid if the f st part to swam'AND FOREVER DEPEND* p. t IN IIINEENOP,The add party of the first Bart ba unto sat its 4= N ':}dad t`e day sad p•ae!hC above wdttan . Pk TRUE`._i. fit. E,::.; �y B ®;°'f, - �L , [. Y: 7 Cashier sidenL-�- , _'MEAL] k' 44Ifi TB OP�OL08AD0, ) '' Cm®4of Boulder lime „ fypomaM was netms wed ems . - nth tent January L., 3.?:'H. Meyer as Pres tent and. plisse, as Longmnt Natio Bank, a aetioneie ng - 7. ,ll ^ Yf a. aim 16th ere, WSW OfQ . ;Sin v - ef Gf a G N to'i'1 din/ EB 7 1969 • r 591 aceptlen No 1,12808__.__.___!tIN Sro a.—._Rec:der, INDEXES 1�s DHPm, Wade 1 %Jr TA RECORDER'S STAMP i.. day of January .. t . 11,68 ,bdwes Pranedi L. Griffith,, formerlysionon lidlow as Ida Franca Griffith and as Ida,.Francea4L x .-j C. -.noway of Arapahoe am Rape of cob. !j run.of w.Ant wed,:ea Suckle Farms, Inc., 0 • e4 agog under a•dbi'hare of the laws of the Ram of. Colorado , , ,a of the award pare 1' -woo1:1ITNRSSETe.Yet the said party of the test part, for ,ad In eoeaideretion of the sum of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN ($10.00) DOLLARS ,d• to the said party dears flat part in seed paid by the said party of the second Dart the receipt whereof la a - sap hereby confused and admowledged,has granted.bargained,sold and conveyed,and by these presents does m Ela signs.mil.anew and confine,unto the mid party of the second part,to ajeceseon and assigns forever, -°�.. et• all of the following described lot or panel of land,situate,lying and being in the =`" o - Counts of Weld and State of Colorado.to wit: WO An undivided one-half (1/2) -interest in and to: r- The North Half (N') of Section Thirty-three (33;) in • Township Two (2), North,. Range Sixty-seven (67) West of the `6th P.M. together with all ditch and water rights appertaining to said premises; except all easements, encumbrances and rights-of-way of record; and except for that certain parcel conveyed ! to Public Service Company of Colorado by Deed recorded October 24, 1966, Reception. No. 1496279, ,t . Book No. 574; and except mineral reservation in UPRR Deed recorded May 15, 1891; in Book 97 at Page 490. TOGIfFUR6 with all and singular the hmeEhmma and appurtenances tbaanear bdmging or in anywise : :•aperaaie`,and she nv®Iw and r sedans.r'eardndar and matadua.'soar:blues and profits thereof;and all the aat•y tat,tltlik interest,claim and demand whatsoever of the said party of the first part,either In law or equity,of,a and to the shove hereditament'and 1Hromtmeeeer, .1 TO HAVE AND TO HOLD the premises above bargained and described,with the appu tmaone ,unto the _ s= aid patty of the sexed Part,its s emms and sWgos forever. And the said party, of the flint part,fag her self , her hehs,aneomn,and admaisteaton,does covalent,grant,bargain and agree to is with,. the said party of the await pert"aa ssreemdas and assigea, that at the thus of the emseabrag wad descry of > these prsptr, she was well abed of the prentsei above conveyed,a of toed,are,pmfxt,ebidute and aspeta of-wi arses.In tam in fee simple,end has good right,fan power sad lawful authority to 1 IPtmt.carp iq selland convey the acme a Warmer and form as aforesaid,and that the same are free and der from _ all loaner sad other lewd; will.Haw.Cant,—-a an nte d encumbrances of whatever rider naturenewer, Except for a general taxes and assessments for 1968 payable I. January 1, 1969; and Except for all easements and rights-of-way of record.1 5#I. ,- ed the above bargained premises ar the quiet-and peaceful possession d the said party of the second part,is eveessa •ad aadgor,aelont all and every imam or parsons lawfully aLlmias or to(Jain the whole or asp part ' thereof,.the said sooty oe the first pmt skin and will WARRANT AND FOREVER DEFBND. ffi WlTN l WHEREOF.The said party el the first part hag hereunto sat r band ' and seal .the der ad seer fast above written. i. *aid.Baled and Belt'sd In the Facets of " - ? - tit et , 1 Frranca Grlrr p jrw Ib °, • C �, as es ee G f _—mute,) _ .-----• Idle Lai csu l RTATS OF COLORADO, �. CITY 6 Oenmyaf DENVER a s The fancily irYnm ,aiko imw�e gee before me.this 15Th day of January • ' 19 68' ,b' Fran .„1,4,..0% ith, formerly known as Ida Frances Griffith' and as Ida Ply eeauYda, .2C$ 'e t Q; gd _fe" "../..? 3 "' i:: FPt,Il Commission expires Mardi 6. 1966 a'am hilt - Xe.Nit t wenua nog-err rr- - -- .s. • {3 °. 591 Asada.r_.�...'r-+ A u FEB 7 1968 :! —. r�',, _ 1512809 soo..:t.�o 6e urerxn . I . :/ EXECUTRIX'S DEED a' • H 1 ?.T$IS INDENTURE made this /2�day of .�atuary, 1968, by and a.,between Elizabeth T.•Ludlow-as-Executrix of 'the Estate of Irving T. r Ludlow, also Imown as Irving Ludlow .and .as I'. T. -tudlow, deceased, Grantor, and.-Suckla Farms, Inc., a corporation organized and existing =under and'by virtue of the laws of the State of Colorado, Grantee: WITNESSETH THAT, WHEREAS, Grantor is the,qualified Executrix under the Last Will and Testament of the above-named decedent, which mews admitted to probate. off January 30, 1967,. by'the Court.... in and for the'County of Boulder, State,of_Colorador Fatate.No :11374; a, f WHEREAS, Article Four cf said Last Will and Testament j. o provides in.part as follows: . r ARTICLE FOUR ,_ I ecr, . APPOINTMENT Of.EXECUTOR . _ I hereby nominate,• constitute,.and appoint my wife, Elizabeth 4g1. T. -Ludlow, as:Executrix of this., my_Las.t Will.,and Testament. In the event of her failure, refusaal or'inability to perform, I nominate;"constitute And appoint The. Longmont National Bank, Longmoper Colorado, to e}erve..in:her.stead . No.party,named herein;;ahall be required to furnish..bond to.secure the . faithful performance.of her or its;duties .as such legal representatives.,. - * * * I further expressl direct that my legal representative shall , have 4.1,0 same._powers as have been .granted to.tie Trustees . "4` under the 'terms and provisions .of the"IRVING' T. LUDLOW TRUST. Such pgw rsrshall be,.exercisable by my. legal representative without the'necessity of application to .the Court: -; * * * ., Article git (General,Powers and Duties,of the Trustees) of the ,yingXTa 1qs Trust dated November i9, 1962, as.augnded•.by First, t,, laratign,of Trust of Irving T. Ludlow dated:.October:13, „ . ,,,provideee in ;part as follows: ,t ARTICLE EIGHT r • it GENERAL POWERS AND DUTIES OF THE TRUSTEES it20,44. r ; in F, QF i) .i C'l. r To theµextent thes1samxdo not conflict:with the' Genera} It Y?r, � C Lidifrgtionardetailed.sn4Article Seven,,,tmy Trug rshall„possessas,lto' the trust estates'-c aced .or- p $efor,by this,,trust the following_anditionel powers § 4} bee. - 8 Section 1, Tot takes€ull charge and cz atrol,of the m i ; . property�of Sher ttupt estaYez; to pc isees, manage, control, h, ,af I I • sellransfer, assign, grant,..convey, 'exchange, lease; rent, , f►,4M i . �tw �atery k .� ,,¢ 591 , 1512809 A-1- 1 option, abandon, mortgage, pledge, or otherwise encumber or dispose cf'any or all of the property'of the trust estates, or any part or parcel thereof, or any substitute therefor, ril upon such terms and conditions and for such purpose or . .-4 purposes and for such consideration and for such period, imN irrespective of the life or duration of the trust, as they deem for the best interest of the trust estates; and `, to execute, acknowledge and deliver in this regard any and. . >+ all instruments neceesaryltherefor, and to have. as to all of such property all'.of the powers that natural.persona might exercise in relation thereto if it were their own. x I. • At NOW, THEREFORE, pursuant to the power contained in said Will, aad for a valuableconsideration, receipt of which is hereby acknowledged, 4F the Grantor doge hereby jell and convey unto the Grantee, Suckle Farms, a Inc., its successors and assigns-forever, all the right, title, interest I 1 Al. and estate of,the said Irvipg,T. Ludlow, also knoain as Irving, Ludlow and. as I. T. Ludlow, as if sold or conveyed by him during his lifetime, xS in and to the following described real estate situate, lying and being .� in the County of Weld and State of Colorado, to-wit: 's An'undivided one-fourth (1/4) interest in and to: I W. ;he North Half (ft) of Section 'Thirty-`three (33) I .. in Township:Two (2), North,, Range Sixty-seveh (67) West of the 6th P.M., together with all ditch and ;) water rights appertaining to said premises; except ; all,,.easeMents, encumbrances and rights-of-way of ' .i: record, and .except for that certain parcel conveyed 4i to Public Service: Company, of. Colorado. by ,Deed recorded October. 24, 1966, Reception:No. 1496279, Book No. 574. 711, ,�,Xi TO RAVE AND .TO HOLD..THE SAME, with all the appurtenances 1 ,^ thereunto prep „ , ?'.. begging, .or in anywise appertaining, to, tt�e er.,uae benefit e . and f said=Grantee, its successors and. assigns forever C. p,." except easements and rights of=way of record; and except allkgeneral } , taxis* and seaeasments for 1968 payable January 1 1969• and except mineral reservation in'HPRR Deed recorded Page : May L5, 1'$'9I �n Book 9J. at Pa a 490. .-X r '=S IN WITNESS WHEREOF, the said Grantor, as Executrix of said •- Estate as aforesaid, has hereunto set her hand and seal the day and x r year first hereinabove written. j O 10 Eli (h T Lud ow as Executrix . I of the Estate of 'Irving; T. .Ludlow, also known as Irving Ludlow and as I I. T. Ludlow, deceased. r ,, STATE OP CP 1 • )) •AP;- OF es. I- . a s ;#1..-Atir, fore o g ing instrument was acknowledged before me this /a ` ns , 1968, by Elizabeth T. .Ludlow as Executrix of the ' T. Ludlow, also known'as Irving Ludlow and as I, � deceased. • I?•! ft.► 3 My'r r , 's :rand and officigl_sea].` • •• _2" - .0 _ a_rn..L11- • AR2109281 B•11G5 REC 02109281 08/04/87 11:42- S 6'.00 1/002 F 1099 MARY ANN FEUERSTEIN' CLERK &• RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 31st day of ,7y ,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 DccumentarY Fee Limited Partnership. Dote L(.:—!-- `-- ---� _ Z7 whose legal address is 165 S. Union, Suite 606, Denver, Co. of the *County of ISeMier ,Stye of Colorado,grantee: WITNESSETH,That the grantor,for and in consideration of ONE HUNDRED TWELVE THOUSAND EIGHT HUNDRED DOLLARS AND NO/100TN5-----_DO[LAR5, the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,sold and conveyed,and by these presents does f grant bargain,sell,convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with 1.• improvements.if any.situate,lying and being in di County of Weld Sete of Colorado.described as.follows: .ax SEE ATTACHED EXHIBIT "A" else known by street and number as: Vacant Land TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining.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 grantor,either in law or equity,of in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and assigns forever.And the grantor.for itself,and Itssuccessors.does covenant.grant,bargain,and agree to rindwith the grantee.his heirs and assigns,that at the time of the caseating and delivery of these presents.it is welt seized of the premises above convoyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and authority to grant, bargain,sell and convey the same in manner and form as aforesaid.and that the same are free and clear from all tomer and athergrants. bargains,salmi,lien.Laser,oascssments,encumbrances and restrictions of whatever kind or nature soever,except the general real estate taxes and assessments for 1987 and subsequent years; reservations, restrictions, easenents_ami rights of tea of record ip •exc ptin and rase lag unto the patsy of_the'tlrst`p'att.(gratto-r)a11 right, titan and interest mein to all minerals o₹ whatsoever kind or character, in, under and upon, or that might be produced from the herein described land. w. Th<graepr,nsh �all'and will WARRANT AND FOREVER DEFEND the abovebargained premises in the qu' Idpeaceable; possessioh pfa,c gran,ect,his heirs and assigns.against all and every person or persons lawfully claiming ttewhol- • any part thereof. The singular•siJ,Lgr shall include the plural,the plural the singular,and the use of any gender shall be eppl'-:•e retail genders W WITNESS,W HEREOF The grantor has caused its corporate name to be hereunto subscribed by its -2.4/ c a President. end its'cdiporate seal lobe hereunto affixed, attested by its Secretary.the day and year first above written. ' a Attest: + Suckla Farms,Inc., a Colorado • ••eu_on sac ten Las By FRANK ndt STATE OF COLORADO ss. County of } Thg,&ttlf d liwcumenr was acknowledged before me In the County of Sra+cp�s. ,this 5/3t day of /yy ,1981 ,by JEZ59IfiUkF C.,A COLORADO CORPORATION BY: FRANK SUCKLA PRESIDENT re Witness ryyJpndand 481ciii se m. %�qy�+•/� ,pt,PG'BL� :;os 473 .s"-"r G cie,4.'Q *$adgaitves:•irtper stt9 and." N14,444 OF t0` No.40B.Rev.534. waa2ANTY DEED tcnamaoal autaed rsaara,.saw et.so s,e.,tawm,eoamts—naasm-6900 544 i. .B 1165 REC 02109281 08/04/87 11:42 46.00 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.0tr.W. for Public Service Company, a distance of 1500.00 feet; thence N89°24 '20"E parallel to the East-West Centerline of said Sec- tion 33 a distance of 935. 00 feet; thence 532°41 ' 19"E a distance of 1416.40 feet; • thence 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 S89°24' 20"W along said East-West Centerline a distance of 1700.00 feet to the TRUE POINT OF BEGINNING. w III AR2A6292L B 1217 REC 02162926 11/23/88 16:12 $6.00 1/002 F 0138 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO jl CORRECTION WARRAN'T'Y DEED --- F Recesdee'a Stamp IDES DEED, Made as of July 31 IS 87,betweem Suckle Farms, Inc., a Colorado corporation . •corporation duly organized and eria8ng under and by vine of the laws of the State of Colorado of Nis Brat pert,Dad Surrey Fr ant Range Limited Partnership, a Colorado limited partner- • ship, 165 S. Union, Suite 606, Denver, Colorado 80228 . of the City and county of Denver and Stab of - • Colorado of the eecondpart: good and valuable consideration ' WITNFSSEr$That the said party of the Drat part,for ad ee As aeidention-elat am- e of aYNdMO I to the said party of the first part iahaw paid by the said party of the second part,the receipt whereof is here- ' Iby confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presents cloth grant,bars . gain,sell,coney and melon mtotbe said party of the second part, its heirs,end assigns for- : i ever,all of the following described lot or parcel of land,eitmta,lylag end being In the County of Weld and State of Colorado,to wit; See AttachedExhibit "A" Coy � 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 Clerk and Recorder of Weld County, Colorado. 11 g TOGETHER with all and singular the heredthemente and appurtenances thereunto belonging, or to anywise : aDDertalning,end the reversion or reversions,remainders,rents,issues and profits thereof: and all the estate, a • right,title,interest,claim and demand what never of the said party of the chat part,either in law or equity,of,in tad to the above bargained premises with the hereditament'and appurtenances. N ' TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the Co said part y of the second part its belie and assigns forever.And the said \ J I party=the first part,for itself, - O and its successors,doth covenant,grant,bargain,and agree to and with the said part y of the second part, t}D i to heirs and assigns,that at the time of the=sealing and delivery of these presents it is well YO ' seized of the premises above conveyed,as eta good,cure,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 convey the same j in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains, ' sales.lieua,taxes,assessments and=cumbrances of whatever kith ornate=BOOM; 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, arid the above bargained premises in the quiet end peaceable Doaaeseien of the said party of the second part i its heirs and assigns,against ell end every person or persons lawfully claims or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT SSWFOREVVER DEFEND. ' .-Ai-wppNE53 WHEREOF,The said party of the fret part bath caused its corporate name to be hereunto I: President,and its corporate seal to be hereto aff red,attested by its Secretary e first above written. I i�Attast: Suckla Farms, Inc., a Colorado �� // C corporation.SCr,A..C____.._ ^ ._.___..__._._,..... se.,..„. ._-- I1d�aF° Hy -ca _ __.4...2-___4C--'---- II Frank'uckla, its Awx=t I. STATE OF COLORADO 1}u ol..4f _�J I a. • r; The foregoing ivtevmeM was acknowledged before me this . '. ; ; 'tie,.day of rcyi+l I 19 88 .by Frank Suckle ' 'tIrj:1:6.QOyv,,, • caidmt d f .: 7ce4 • rp c Secretary of a` CSF? 5t2":. Suakin rams, Inc., a Colorado -?NitIt .,.ii i"i:=met •eerporstion, • Hy notarial co®haioa aPhm „, & 11' „- Waxen y/ Witnesa uryband .. �' _1‘I."' No.SOB. WARRANTS aaSn--Comnebr-BMrenl PeWBhies Ce..11G-te Stoat Sort Dam.eolando—S-r6 926 2F 0139 MARY OANN FETUERSTEIN 11/23/88 CLERK 6&1 RECORDER�WELD CO, CO 00 2/002 EXHIBIT "A" TO CORRECTION VARIANT! DEED Part of the Northwest Quarter (NWI/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven (67) West of the 6th P.M. , County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 89 Degrees 24' 20" East on an assumed bearing along the East-West centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 Degrees 00' 00" East parallel to the West Line of said Section 33 and along the East R.O.W. Line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 •feet; thence North 89 Degrees 24' 20" East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 Degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 Degrees 00' 00" West parallel to the West Line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 Degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 feet to the True Point of Beginning. B 1216 REC 02165132 12/15/88 11:42 $9.00 1/003 AR216S132 F 2156 MARY ANN FEUERSTEIN CLERK & RECORDER NEL➢ CO, CO i I RECORDER'S STAMP 'I THIS DEED,Made this 12th day of December ,1888 between Surrey Front Range Limited Partnership, a limited partnership l wcerpornbiws duly organised and existing under and by virtue of the laws 1 ➢;;_tit-,;nary Fad of the State of Colorado of the first part,and APB Broad- _42_1S-2i casting Company, Inc„ -- ' -Q�`_ a corporation duly organized and existing under and by virtue of the laws 5 1 of the state of Colorado of the second part;whose legal • address is 161 North La Brea, Inglewood, California. i WITNESSETl4 That the said party of the first part,for and in consideration of the sum of TEN and no/100 it ($10.00) Dollars and other good and valuable consideration RHALLNHSC to the staid party of the first part In hand paid by the said party of the second part,the receipt whereof is hereby Iconfessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presents does grant,bargain, sell,convey and confirm,unto the said party of the second part,its successors and assigns forever.all the following described esparcel ofland,situ ate,lying and being in the County a FWe1d I and State of Colorado,to-wit See Exhibit A attached hereto and incorporated herein. I • �pt1t I I deolrnoweeueahwebmbbnb:raMr I improvements and fixtures, constructed or located reon, tile TOGETHER,with all and singular iheAhereditements and appurtenances thereunto belonging,or in anywise I 1 appertaining,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 firs part,either in law or II equity,of,in and to the above bargained premises,with the heredltamens and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said Iparty of the second part,its successors and assigns forever.And the said party of the first part,for itself,its successors and assigns,doth covenant,grant,bargain and agree to and with the i I said party of the second part,its successors and assigns,that at the time of the ensealing and delivery of these 1 I presents it is well seized of the premises above conveyed,as ofgood,sure,perfect,absolute and indefeasible estate of inheritance,in low,in fee simple,and path good right.full power and lawful authority to grant,bargain,sell and II convey the same in manner and farm aforesaid,and that the same are free and clear from all former and other grants, i bargains,saales,liens,taxes,assessments andincumbrances of whatever kind or naturesoever; except those i items shown on Exhibit B attached hereto and incorporated herein, j 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 or persons lawfully claiming or to claim the whole or any part thereof,the said party of the Cita part shall and will WARRANT AND FOREVER DEFEND. 1 tN•WrltriEIps'W.nEREOF,The said party of the first part hath caused its sareaxese name to be hereunto I Iaulietelrgbrate.r. '%`.4.;. President-trrditstorporecteea'tebeketeenwetHxNo attestedhy ice General p+Rti#1i(j tb.dsyuysjeyi;hrst above w,itten. SURREY FRONT RANGE LIMITED PARTNERSHIP, I �r P+•;y:•:; a Colorado limited partnership m Sy: S BROADCASTING COMPANY, an Oklaho ,;.g.it�t x�s''(( - corpo t)4, dn,•rp]p n 1 artner s-.J uA':.lJl.f- ' By t olIt e,, asemarn J K nit ols V' r•,v.�n.a,. 1 °eeTam,-"E,PF CAOLORADO, II - I.es. City and ceentyof Denver J The foregoing instrument was acknowledged before me this 12th day of December 119 88 ,by J. Kent Nichols as President was of Sun Broadcasting Company, an Oklahoma corporation as General Partae;-ypceeaaeefs of Surrey,•Firo3..,Ra4$e Limited Partnership, a Colorado limited partnership. eeapee.Yww � i �v`:.'hF-.fffc.k';,�0:...,:-....-i':-..ti`t efy netariai commission expires:/x-/7,Yf �� I rWitness my hand and article , .{:':Q 1•V t 0 r / Sour,public.14 Na T67.ih,41t,OixLECatk pernionteteewralan—saxesPebi,M.s.san w.ebA....ass,.wd.co radii_non a,.s+n_>e ) Eif: B 1218 REC 02165132 12/15/88 11:42 $9.00 2/003 F 2157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EIBZEIT "A" TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APB BROADCASTING, INC. Part of the Northwest Quarter (NW1/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven (67) West of the 6th P.M. , County of Weld, State of Colorado, being described as: Beginning at the W1/4 Co-fner 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 "B" TO WARRANTY ➢EED 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 CLERK & RECORDER WELD CO, CO 1.. Taxes for the year 1988 and subsequent years, not yet due and payable. 2. All coal that may be underneath the surface of the subject property also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be developed upon said premises and for the transportation of the coal from the same, as reserved by the Union Pacific Railway Company in Deed recorded May 15, 1891 in Book 97 at page 490, Weld County Records. 3. Oil and gas lease dated February 14, 1970, executed by Suckla Farms, Inc. , as lessor, and T. S. Pace, as lessee, recorded March 19, 1970 in Book 622 under Reception No. 1544067, for a primary term of Five (5) years, and, as long thereafter as oil , gas, other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. NOTE; The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown in this policy. An Affidavit of Lease Extention of the above Oil and Gas Lease was recorded November 2, 1971 in Book 656 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. III • AR2392815 Warranty Deed THIS DEED.is.a.eonveyanee of oho real pmpe=y described below,.including any improvement and other appurtenances(the ' propecoy')fraittbe iodividial(s),doryoradon(s),parmerabip(a),or other enGry(ies)named below as GRANTOR to the h4ividool a or endry0a)namenbelow as GRANTEE. () The GRANTOR hereby.sills and conveys.ibeproperty to the GRANTEE and the GRANTOR warrant the We m the property,except ' • for(1)the lienof rhegeneral,property taxes for the year of this deed,which the GRANTEE will pay(2)any easement and right-c`- way shown,of record(3)any paiet t'reservaeioes aid exceptions(4)coy outstanding mineral interest showa of record.(5)any • protectvecoveeao and resuicmons shown ofrecord(6)any additional routers shown below under'Additional-Warranty Eacepeioos'; and(7)iubjeir to building and zoning regulations, D.F.'.e $65.00 The Specific terms of This Deed Arc - Grdolor. (Give mme(s)and placers)errekmce:Ifdmspouse of the owner-grnmr is joining lo this Deed to release bomerrcd rights,ldmd%:Meters as. •• h • usbndpndwife.) APB BROADCASTING COMPANY,INC.,A COLORADO CORPORATION • STATE D0CUM A�R/Y.F/E/E . _ Gruntet (Give mme(s).ndaddrms(es)i statement or address.Including available toad or street number.) Date . i0 f 9T TSUNAMI COMMUNICATION INC.,A COLORADO CORPORATION S 5,00 • . ' Form of Co-Ownership: (If these grantees or more gra named,theywR w bcctidees ties to as tenenw io common unless the words'iv joint tenancy'or words of the some mooing as added to the spare below.) Property Description (Include county zed see.) ! SEE ATTACHED. EXEBIT A • B 1446 REC 02392815 06/10/94 15:44 $15.00 1/003 F 0485 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO • • Property Address: . Coaidetaoone (The swimotofadolln moo=is opdood,edequmemmldtrnuafor thisiod unit be presumed milers this eonveync is identified • . . SIX HUNDRED FM F a THOUSAND 00/100 la nay case this Gamma is absolute,gun and oamnddoaUJ • Keservadons-Reitrietions: Or the GRANTORinonda to mum any iaer e M theprapmry or to convey lei Wn h awned.or if theGRANTORh kctdcdng the GRANTEE'S right to the gloomy,snake appropriate ietimdon.) • • ' Additional Warraedy Exoeptiann (Laclede deeds of Mat bile assumed old other masers ax covered above) SEE-ATTACHED EXHIBIT B • ExemlS by to GsantorooJUNE 9.1994 . Scutum far Corporation,Partnership ar Associations Signature for Indiridua)(s): APB B ADCASI1NG:COMPANY INC. A COLORADO CORPORATION AKA APB BROADCASTING.INC. 'Na of Gannon Co =don,Parmemhip or Aseociadon - Grantor WILLIE D: EN � Grantor • By �. Grantor • • l' . CO O A a F O LORAD v D The'fo giing h,iu tment, acknowledged before me ibis 9th day of JUNE,1994 ' Br Al: :' AD r COMPANY,INC.,A COLORADO CORPORATION AICA-APE BROADCASTING,INC.,BY WILLIE D. • • DAVIS',.7 ewy • WT.ZMyso}9S myHmd nil, O d'QB •C.2-+%.,..2--0-'-^"--. t�( , . MTyeommfsaoo'apirm OCTOBER 20,1997 C Notary Pubic s.S,fiA Ot r • 1721 aTH AVE.;GREELEY, CO • c:^,9t, ego' gSi truMii was acknowledged before me this day of• (' m1indMEuaiGnntcr(s)or if Grantor is Coryoradon,Partnership or Association,dim idntfy signers ners as president or vice president and secretary ' or assinmCuer&2ey of mcpa=ton;or as poruer(s)of parmcship;or as authorized member(s)of association.) WITNESS:my hand add official seal. My commission expires: Notary Public 01981 UPDATE LEGAL FORMS WCTC Na.201-L B 1446 REC 815 OF 0486 MARY ANN Z 06/10/94 S 4 FEUERSTEINCLERK & RECORDSE1R5 WELD 00003 EXPSEIT A TO WARRANTY DEED DATED: cum 9, 1994 GRANTOR: APE BROADCASTING COMPANY, INC., A COLORADO CORPORATION GRANTEE: TSUNAMI COMMUNICATION INC., A COLORADO CORPORATION • Part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range' • 67 West of the 6th P.M., County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 890.24' 20" East on an•assumed bearing,along the East-West centerline of said Section 33 a. distance of 190.00 feet to the True Point of Beginning; thence North 00 6 00' 0D" 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 13, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South.89° 24' 20" West along said East-West Centerline, a distance of 1700:00 to the True Point of Beginning. TOGNrhaR 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 o£ 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° OD' 00" East; 645.00 feat from the West One-Quarter Corner of said Section 33; thence North•.87° 15' 16" East on an assumedbearing 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 617; 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 WITE TEE RADIO TRANSMISSION TOWER SITUATED THEREON. • B 1446 REC 02392815 06/10/94 15 :44 $15.00 3/00; F 0487 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B TO WARRANTY DEED DATED: JUNE , 9 , 1994 • GRANTOR: APB BROADCASTING COMPANY, INC. , A COLORADO CORPORATION GRANTEE': TSUNAMI COMMUNICATION INC. , A COLORADO CORPORATION 1. LEASE AGREEMENT DATED AS OF MARCH 18,. 1994, BY AND BETWEEN APB BROADCASTING, INC.. AND TSUNAMI COMMUNICATIONS, INC. AND TSUNAMI COMMUNICATIONS, INC. , AS AMENDED ON JUNE 8 1994 . 2. LEASE, AGREEMENT DATED MARCH 11, 1993,: BY AND BETWEEN APB BROADCASTING, INC. , AND PREMIERE RADIO NETWORKS, INC. .RADIO TOWER LEASE' AGREEMENT EXECUTED FEBRUARY 27, 1992, WITH AMOCO PRODUCTION COMPANY. 4 . LEASE SITE FOR COMMUNICATION FACILITIES LEASE DATED JANUARY 31; 1994 WITH' PAGING NETWORKS OF COLORADO, INC. 5.• LEASE SITE FOR COMMUNICATION FACILITIES LEASE #2 DATED JANUARY 31, 1994 WITH PAGGING NETWORKS' OF COLORADO, INC. 6.. LEASE, .AGREEMENT DATED APRIL L5' , 1992 WITH WESTERN CITIES BROADCASTING COMPANY, INC. 7... JOINT, :USE AGREEMENT DATED DECEMBER 15, 1988 WITH AMOCO PRODUCTION COMPANY. Colorado Secretary of State -&nary • Page 1 of 1 o ►ra may, �^ of�+ 7'y. try �y t' �• 's2 Secretary St''++ttP.,Bernioi Bu scbct��_ • t a .✓,.f L J� 1 :.D 401 . [ *:.�i rf..ro.,A' u' :..,L�' •� Home I Business I Elections Licensing P,r-s, Ab.;u: is I C.ontaci ii For this Record... History&Documents View Trademarks Summary File a Document Email Notification ID Number: 19871722036 Business Home Name: JACOR BROADCASTING OF COLORADO,INC. Business Information BusinessSearch _�—._._..---.__._.__�._. — ......._...._. ._.__...__._....._..�_._..._.__..__._........ 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 Unsubsciibe l Previous Page Search I Accessibility I Privacy statement I Terms of use 1700 Broadway,Denver CO 80290 1303-894-2200 I sos.businesslsos.stete-co.us http://www.sos.state.co.us/bizBusinessEntityD etail.do?quitButtonDestination—BusinessEn... 3/25/2010 • . ......._. .......- • MPJR-08-2002 10 15 CT C0RP0RPTI0N 7137591950 P.02/10 FILED DONETTA DAVIDSON COLORADO SECItErARY OF STATE ARTICLES OF MERGER 200;21055813 C $ 11tl.US OF SECRETARY 0F'STATE did' /9110°876 7 �3-S&-2r]62 11:49.20 TSUNAMI COMMUNICATIONS, INC.[NC (a Colorado corporation) WITH ANOINT() /9g777ZZ,036 JACOR BROADCASTING OF COLORADO, INC. (5grd) N C 5 (a Colorado corporation) Pursuant to the provisions of Section 7-111-f05 of the Colorado Business Corporation Act, the undersigned corporations set forth the following Articles of Merger (the "Articles") ibr the purpose of merging TSUNAMI COMMUNICATIONS, INC.. ("Tsunami") with and into JACOR BROADCASTING OF COLORADO, INC. ("JBC"), with JBC 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 Jacor Broadcasting of Colorado, Inc. Colorado • 3. Each of the Constituent Entities has complied with the laws of the state under which it exists and such laws permit the Merger. 4. The eXecated Agreement and Plan of Merger (the "Plan of Merger") dated December / ,2001,by and between Tsunami and JBC is attached as Exhibit A. 5. The Plan of Merger is authorized on behalf of each of the Constituent Erititie:s 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. 377910.1 • <` COMPUTER UPDATE COMPLETE W-. MIN _.. • • Document processing fee If document is filed on paper $150.00 • If document is filed electronically Currently Not Available • Fees&forms/cover sheets are • ��-ra � subject to change. 0 16'5923 C To file electronically,access instructions $ 300.0n for this form/cover sheet and other SECRETARY OF STATE information or print copies of filed 12-29-2009 14:37:51 • documents,visit www.sos.state.co.us and select Business Center. • Paper documents must be typewritten or machine printed. ABOVE spAczxaoFnCE1SEONLY 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 merainE entity,its ID number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and principal address are • (Caution: At least one merging entity must be an entity formed:mder the laws of Colorado.) ID Number 19871722036 (Colorado Secretary of State ID ember) • Entity name or true name Jacor Broadcasting of Colorado, Inc. Form of entity Corporation • • Jurisdiction Colorado . Street address • 200 E.Besse Road • (Street number and name) • San Antonio TX 78209 (ON (State) (ZtP/PaaatCode) USA (Province-(applicable) (Country) ..Mailing address • (leave blank if same as street address) lYesem mnnberand none or Pad Office Box information) • (Ci& (State) (LIP/Pasal Code) • (Province-(Japptuable) Panay)• .. • ID Number (Colorado Sect-day ofStale ID number) Entity name or true name Form of entity MERGE FON Page 1 o15 . • Rs-v.54912007 • Jurisdiction Street address (Street mmrber and name) ..- (Cay) (Seam) —.. .(ZIP/Postal Code) (Province—"applicable) (CoannY) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) • (0149 (State) (LAP/Postal Code) (Province—ifnpplicable) (Connny) • 1D Number • (Colorado Secretary of State ID member) Entity name or true name • Form of entity Jurisdiction _ • Street address (Street number and name) • • (C+49 (Stave) . (LIP(Pastd Code) — (Province-"applicable) (Comvty) Mailing address• ' (leave blank if same as street address) • (Street number and name or Past Office Box information) (City) (Stare) (ZI➢/Postal Code) — (Province—"eradicable) (Coon") (If the following statement applies.adopt the statement by marking the box and include an attachment) Q There are more than three merging entities and the JD number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and the principal address of each additional merging entity is stated in an attachment 2. For the surviving entity which is a foreign entity,its entity ID number(if applicable),entity name or true name,form of entity,jurisdiction under the law of which it is formed,and principal.address are (Caution:'The surviving entity rem be an entity formed under eke laws of Colorado) ID Number (Colorado Secretary ofState ID number) MERGE FUN Page 2 of5 Rev.5/29/2007 - . • Entity name or true name Citicasters Co. Form of entity Corporation Jurisdiction Ohio Street address 200 E.Basse Road (Street number and name) San Antonio TX 78209 (City,) (State) (2IP/Postal Code) USA (Province—rfapplimMe) (Conn) aili address (leave blank if same as streetaddress) (Street number and name or Post Office Sax nice:nation) (Cary) (Stale) (ZIP/Postal Code) • • (Province—jf,ryplicabk) (Country) 3. Each merging entity has been merged into the surviving foreign entity. 4.(Iffie foamdngsmaement applies.adopt the stmemadby marking the boa and state the appropriate awned number(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 • (If the fahowingaaremem applies,adopt the statement by marking the box and fnchde 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 has.) ❑ The surviving foreign entity maintains a registered agent in this state. OR d❑ 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 7-90-204.5,C.R-S. The person appointed as registered agent-has consented to being so appointed. Such registered agent's name and address are • Name • (if an individual) (ast) (Pbs) (Middle) (Suffix) MERGE FON - Page 3 of Rev.5/29/2007 OR (if an entity) _ (Caution: Do not provide both an individual and on enti0'name.) • Street address • - (Street member and name) (CIO) (State) . (ZIP Code) Mailing address• (leave blank if same at street address) (Streit number and mane or Post Office Bar information) CO (Cite) (State) (LIP Code) 6. of applicable,adapt the following statement by marking the box and include an attachment) This document contains additional information as provided by law. • 7.(Caution: Leave blank lithe 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 doer and,Vapplicable,time using the required format) The delayed effective date and,if applicable,time of this document are 'a°.'2="m"'en Jib (mmIddlyyyy hourmimmte 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 ceed 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. _ Pm) ) (Middle) aloe) 200 E. Besse (Fuca (S Road (Saeet number mid nom,or Past Office Boa afonration) San Antonio TX 78209 rib') • pay (ZIP/Postal Code) — . USA • (Province-tfaPdtmbte) (County) • ajapplicable,adopt the following statement by marking the box and include anatmchunent) ID This 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 of5 . - Rev.529.2007 • • 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_FGN Page 5 of 5 Rev.5/2912007 l • • MRR-06-2002 10:16 CT CORPORATION 7137591950 P.02/10 • FILED DONL7TA DAVIDSON COLORADO Meier ARY OF STATE ARTICLES OF MERGER 20021056813 ♦: $ 110.00 OF SECRETARY OF STATE r 03-08-2002 11:49:20 aJed-. 1(71'11°0276 / TSUNAMI COMMUNICATIONS, INC 1 (a Colorado corporation) WITH AND INTO die -79177 7Z gC-3. JACOR BROADCASTING OF COLORADO, INC. (5g/4N C 5 (a Colorado corporation) 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 JBC 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 Jacor Broadcasting of Colorado, Inc. Colorado 3. Each of the Constituent Entities has complied with the laws of the state under which it exists and such laws permit the Merger. 4. The executed Agreement and Plan of Merger (the "Plan of Merger") dated December J`j ,2001,by and between Tsunami and JBC is attached as Exhibit A. 5. The Plan of Merger is authorized on behalf of each of the Constituent Etititics and the persons signing this Certificate on behalf of each of the Constituent Entities are duly authorized to do so. 6. Shareholder approval was not required, 377910.1 `` COMPUTER UPDATE COMPLETE MW , MRR-09-2002 10:16 CT CORPORRTIOM 7137591950 P.03i10 • • 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 Mereer is effective upon, filing. 10. The Articles of Incorporation of Citicasters shall continue unchanged after the Merger until changed or amended as provided by law. 11. As to each of the Constituent Entities, the Plan of Merger and the performance of its terms were duly authorized by all action required by the laws of the state under which it was incorporated and by its constituent documents. L2. IC, as the surviving be nsible for the payment of all and franchise tare of each of the ConstituenttEntities l and wilobe obligated to pay such fees fees andfranchise taxes if the same are not timely paid, • • 377910.1 APR-00-2002 10:16 CT CORPORATION' 7137591950 P.04/10 N WITNESS WHEREOF, the undersigned corporations have caused the Articles to be signed by their duly authorized officers,on this L'ay of December,2001. JACOR BROADCASTING OF COLORA ,INC. By: Richard W.Wolg Vice Pres' at 377910.1 . . I MAR-09-2002 10:16 CT CORPORATION 7137591959 P.06/10 • AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER ("Plan of Merger") made and entered into as of the) 9m-day of December, 2001, by and between Tsunami Communications, Inc., a Colorado corporation ("Tsunami"), and Jacor Broadcasting of Colorado, Inc., a Colorado corporation (`IBC"), 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"IBC Common Stock"), of which 100 shares arc outstanding; WHEREAS, Tsunami is a-corporation duly organized and existing under the laws of the State of Colorado, and having authorized capital stock consisting of 1,000 shares of common stock,with no par value(the`Tsunami Common Stock"),of which 66 shares are outstanding; WHEREAS, IBC 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"CB CA"); 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, k 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: Iacor Broadcasting of Colorado, Inc., a Colorado corporation, one of the Constituent Corporations, which shall be the corporation surviving the merger (said corporation hereafter being sometimes called the "Surviving Corporation"),and the terms and conditions of the merger hereby agreed upon (hereafter called the "Merger") which the parties covenant to observe, keep and perform,and the mode of can-ying the same into effect shall be as hereafter SCE forth: 377973.1 MAR-OS-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 filing 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 amended as provided by law. The directors and officers of JBC immediately prior to the Effective Date shall constitute the directors and officers of the Surviving Corporation immediately following the Effective Date. Such officers and directors ofJBC 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 JBC shall be issuable with respect thereto. 2. Each share of JBC Common Stock which shall be issued and outstanding as of the Effective Date shall remain issued and outstanding. 3. There are no reasonable grounds to believe the foregoing treatment of the shares will render the Surviving Corporation insolvent. • 377973.1 • MAR-08-2002 10:17 CT CORPORATION 7137591950 P.08/10 • • • • ARTICLE IV • EFFECT OF THE MERGER • On the Effective Date, the separate existence of each Constituent Corporation(other than the Surviving Corporation) shall cease, except that whenever a conveyance,assignment, transfer, deed, or other instrument or act is necessary to Vest property or rights in the Surviving Corporation, the officers, or other authorized representative of the respective Constituent Corporations shall execute, acknowledge, and deliver such instruments and do such acts. For these purposes, the existence of the Constituent Corporations and the authority of their respective officers, directors, or other authorized representatives is continued notwithstanding the Merger, the Surviving Corporation shall possess all assets and property of every description, and every interest in the assets and property, wherever located, and the.rights, privileges, immunities, powers, franchises, and'authority, of a public as well as of a private nature, of each Constituent Corporation,and all obligations belonging to or due to each Constituent Corporation, all of which are vested in the Surviving Corporation without further act or decd, Title 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 each Constituent Corporation, including liability to dissenting shareholders. Any claim existing or any action or proceeding pending .by or against any Constituent Corporation may be prosecuted to judgment, with right or appeal; as if the Merger had not taken place,or the Surviving Corporation may be substituted in its place. All rights of creditors of each Constituent Corporation are preserved unimpaired, .and all liens upon the property of any Constituent Corporation are preserved unimpaired, on only the property affected by such liens immediately prior to the Effective Oath. • 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 777977.1 • • MAR-00-2002 10 17 CT CORPORATION 7137591950 P.09/10 Merger pursuant to this Article VII, this Plan of Merger shall become void and have no effect, Without arty 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 IBC 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 proper deeds, assignments and assurances in law, and take such other action as may be necessary or proper in the name of Tsunami or SEC 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 LX 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 • MRR-08-2002 10:17 CT CORPORRTION 7137591950 P.10/10 IN WITNESS WHEREOF, Tsunami and IBC, pursuant to the approval and authority duly given by resolutions adopted by their respective Boards of Directors, have each caused this Plan of Merger to be executed by its duly authorized officers, all as of the day and year first above written. TSUNAMI COMMUNICATIONS,INC., a Colorado corporation By: chard W.Wolf,Vice Presi nt JACOR BROADCASTING OF COLORADO, INC.,a Colorado corporation By: chard W. Wolf,'Vice Presid t • • 377973.1 . . . TOTAL P.le Colorado Secretary of State - Scary • Page 1 of 1 • i oiorad Secretary of State,Bernie Buescher Business Division _. Home I Business I Elections 1 licensing Press I About Us I Contact Us For this Record... History&Documents View Trademarks Summary Cart of Good Standing File a Document Subscribe Email Notification ID Number: 20001174128 Unsubscribe Email CITICAS'fERS CO. Notification Name: Registered Agent CORPORATION SERVICE COMPANY Business Home 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 • 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 sus.businessipsosstate.co.us http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 6/11/2010 Colorado Secretary of Statrtmmary • Page 1 of 1 Colorado r' s z-s s f Secretary of Siate,.Bernie$uescber. - B siness;Division u ,. �. . Home J Business I Elections Licensing Prey. F,bnct'Js Ccntact Us For this Record... History&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: FAQs,Glossary and Information Status: Nonqualified Survivor of a Merger Form: Foreign Corporation Jurisdiction: Ohio Formation Date: Term of Duration: Annual Report Month: You may: • View History and Documents • File a Document • Subscribe to E-mail Notification Regarding this Record • Unsubscribe from E-mail Notification Regarding this Record Previous Pegs Search i Accessibility I Privacy statement I Terms of use 1700 Broadw ay,Denver CO 80290 1303-894-2200 I sos.businessl lsos.state.co.us • • http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 6/11/2010 Hello