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Home My WebLink About20093432.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1680 APPLICANT: North Weld County Water District PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot B of AmRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/8 mile east of CR 13 and - mile south of CR 86. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed Use by Special Review will be located on that part of the property considered "Prime" and "Irrigated Non -Prime" according to the U.S.D.A. Soil Conservation Map, dated 1979. Irrigated crops are not currently being grown on the parcel and the site will only encompass 5.7 acres of the total parcel, which is 50 acres in size. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the three mile referral areas for the Town of Severance and Larimer County. The Town of Severance, in their referral response received October 24, 2008 stated that the request has no conflicts with their interests and the site is located outside of the Town of Severance Growth Management Area. Larimer County Planning, in their referral received October 23, 2008, indicated no conflict with their interests. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The applicant is proposing to fence the facility with a six-foot high chain link fence and plant Austrian Pines along the southwest boundary of the site. Additionally, trees and shrubs are proposed to be planted along the western and northern boundaries of the site. The applicant indicated that water will be applied as needed to the access road to control dust during construction of the facility. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The applicant is proposing to install a detention pond and a gravel parking site on the site. The applicant is proposing to control dust on County Road 13 and the access to the site during construction by water truck. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2009-3432 Resolution USR-1680 North Weld County Water District Page 2 F. Section 23-2-400.F. - The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural Uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. Potable water will be available from North Weld County Water District. Irrigation water will also be provided by the North Weld County Water District. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicant reviewed three (3) potential locations for this facility through a 2007 transmission line analysis (1/2 mile north of County Road 84 and east of County Road 13: near County Road 15 and County Road 84; and near the existing North Weld County Water District tank site on State Highway 14 just west of State Highway 257). The applicant determined the proposed site Y mile north of County Road 84 and east of County Road 13 was the best location based on site elevation and proximity to existing North Weld County Water District distribution lines that currently have additional capacity. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed power plant facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the county to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the county. This applies only in land use cases regarding power plants. I. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Public Health and Environment air quality standards. J. Section 23-2-400.J. -- Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The site is an unmanned facility that will require on -site visits from staff approximately once a week. North Weld County Water District water will be made available (through a four -inch water line) for landscaping, port -a -potties are proposed during construction of the facility, and bottled water will also be required for employees during construction of the facility. An electrical panel and a radio receiver/transmitter will be installed adjacent to each tank. Electricity is available via an underground power line is located on the site. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. No referral comments were received from the Colorado Division of Wildlife. Section 23-2-400. L. — The application indicates that storm water drainage will be handled per environmental standards and according to the project storm water prevention plan. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Resolution USR-1680 North Weld County Water District Page 3 The Planning Commission recommendation for approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: A. The applicant shall submit an on -site Improvements Agreement. The applicant shall submit to the Department of Planning Services an itemized exhibit A and exhibit B for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) B. The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral received December 1, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) C. County Road 13 in this location is under the maintenance and jurisdiction of Larimer County. Evidence of an approved access permit (if required) from Larimer County shall be provided to the Department of Planning Services. (Department of Planning Services) D. The recorded exemption RE -4859 plat shall be submitted for recording. (Department of Planning Services) E. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1680. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.0 and 23-2-390 of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The access road off of County Road 13 shall be included within the Use by Special Review Permit boundary for this site. (Department of Planning Services) 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2-380.0.3 of the Weld County Code. (Department of Planning Services) F. The applicant shall submit the landscape plan that accomplishes the short and long term screening and buffering of the facility for review and approval by the Department of Planning Services. (Department of Planning Services) G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above 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 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) Resolution USR-1680 North Weld County Water District Page 4 4. 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 application was approved a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co weld co us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Tom Holton. VOTE: For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Roy Spitzer Paul Branham Mark Lawley Nick Berryman Against Passage Absent Erich Ehrlich The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 3, 2009. Dated the 3rd of March, 2009. Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North Weld County Water District USR-1680 1. The Site Specific Development Plan and Special Review Permit is for A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (two 5 -million gallon water storage tanks) in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 4. The applicant shall submit a copy of a recorded waterline easement for the 36 -inch distribution line prior to construction of the water tank(s). (Department of Planning Services) 5. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 6. Weld County will not maintain drainage related areas. (Department of Public Works) 7. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 11. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 13. Adequate toilet facilities (port -a -potties) shall be provided during facility construction. (Department of Public Health and Environment) 14. Bottled water shall be utilized for drinking and hand washing during facility construction. (Department of Public Health and Environment) 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) Resolution USR-1680 North Weld County Water District Page 6 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. Building permits will be required for all new structures prior to construction. (Building Department) 18. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report prepared by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 19. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Building Department) 20. A letter shall be provided from the Poudre Fire Authority as to permitting requirements of the fire district shall be provided prior to issuance of building permits. (Department of Building Inspection) 21. Paint maintained in a color that blends with the surroundings shall be applied to the proposed tank. (Department of Planning Services) 22. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 23. 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) (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 26. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 27. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Preliminary • LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: Applicant: Applicant's Representative: USR-1680 Hearing Date: February 3, 2009 North Weld County Water District, 33247 Highway 85, Lucerne, CO. 80646 Chrysten S. Hinze & Kenneth F. Lind — Lind, Lawrence & Ottenhoff, LLP 355 Eastman Park Drive, Suite 200, Windsor, CO. 80550 C/O Jamie & Ted Simmons, 5208 Keystone Circle Court, Fort Collins, CO. 80528 Situs Address: 41494 County Road 13 Request: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (two 5 -million gallon water storage tanks) in the A (Agricultural) Zone District Lot B of AMRE-2992; Located in part of the SW4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado Approximately 1/8 mile east of County Road 13 and '% mile south of County Road 86. Legal Description: Location: Size of Parcel: 50.5 +/- acres (USR Boundary: +/- 5.7 acres) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Weld County Department of Public Health and Environment, referral received 11/24/2008 Weld County Department of Public Works, referral received 12/1/2008 Weld County Department of Building Inspection, referral received 11/25/2008 Weld County Zoning Compliance referral received 10/21/2008 • Weld County Sheriffs Office referral received 10/29/2008 • Town of Severance referral received 10/24/2008 ▪ Poudre Fire Authority referral received 11/21/2008 • The Water Supply and Storage Company (Larimer County Canal) referral received 12/1/2008 • Larimer County Planning referral received 10/23/2008 The Department of Planning Services' staff has not received responses from the following agencies: Colorado Division of Wildlife USR-1680 North Weld County Water District page 1 of 7 • Preliminary • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Case Number: Applicant: Applicant's Representative: Chris Gathman USR-1680 Hearing Date: February 3, 2009 North Weld County Water District, 33247 Highway 85, Lucerne, CO. 80646 Chrysten S. Hinze & Kenneth F. Lind — Lind, Lawrence & Ottenhoff, LLP 355 Eastman Park Drive, Suite 200, Windsor, CO. 80550 C/O Jamie & Ted Simmons, 5208 Keystone Circle Court, Fort Collins, CO. 80528 Situs Address: 41494 County Road 13 Request: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (two 5 -million gallon water storage tanks) in the A (Agricultural) Zone District Legal Description: Lot B of AMRE-2992; Located in part of the SW4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: Approximately 1/8 mile east of County Road 13 and '/s mile south of County Road 86. Size of Parcel: 50.5 +/- acres (USR Boundary: +/- 5.7 acres) Parcel Number: 0705 06 300052 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed Use by Special Review will be located on that part of the property considered "Prime" and "Irrigated Non -Prime" according to the U.S.D.A. Soil Conservation Map, dated 1979. Irrigated crops are not currently being grown on the parcel and the site will only encompass 5.7 acres of the total parcel, which is 50 acres in size. USR-1680 North Weld County Water District page 2 of 7 r'raliniivary B. Section 23-2-400.6. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the three mile referral areas for the Town of Severance and Larimer County. The Town of Severance, in their referral response received October 24, 2008 stated that the request has no conflicts with their interests and the site is located outside of the Town of Severance Growth Management Area. Larimer County Planning, in their referral received October 23, 2008, indicated no conflict with their interests. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The applicant is proposing to fence the facility with a six-foot high chain link fence and plant Austrian Pines along the southwest boundary of the site. Additionally, trees and shrubs are proposed to be planted along the western and northern boundaries of the site. The applicant indicated that water will be applied as needed to the access road to control dust during construction of the facility. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The applicant is proposing to install a detention pond and a gravel parking site on the site. The applicant is proposing to control dust on County Road 13 and the access to the site during construction by water truck. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. - The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural Uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. Potable water will be available from North Weld County Water District. Irrigation water will also be provided by the North Weld County Water District. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicant reviewed three (3) potential locations for this facility through a 2007 transmission line analysis (1/2 mile north of County Road 84 and east of County Road 13: near County Road 15 and County Road 84; and near the existing North Weld County Water District tank site on State Highway 14 just west of State Highway 257). The applicant determined the proposed site % mile north of County Road 84 and east of County Road 13 was the best location based on site elevation and proximity to existing North Weld County Water District distribution lines that currently have additional capacity. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed power plant facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the county to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the county. This applies only in land use cases regarding power plants. USR-1680 North Weld County Water District page 3 of 7 Preliminary Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Public Health and Environment air quality standards. J. Section 23-2-400.J. -- Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The site is an unmanned facility that will require on -site visits from staff approximately once a week. North Weld County Water District water will be made available (through a four -inch water line) for landscaping, port - a -potties are proposed during construction of the facility, and bottled water will also be required for employees during construction of the facility. An electrical panel and a radio receiver/transmitter will be installed adjacent to each tank. Electricity is available via an underground power line is located on the site. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. No referral comments were received from the Colorado Division of Wildlife. Section 23-2-400.L. — The application indicates that storm water drainage will be handled per environmental standards and according to the project storm water prevention plan. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: A. The applicant shall submit an on -site Improvements Agreement. The applicant shall submit to the Department of Planning Services an itemized exhibit A and exhibit B for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) B. The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral received December 1, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) C. County Road 13 in this location is under the maintenance and jurisdiction of Larimer County. Evidence of an approved access permit (if required) from Larimer County shall be provided to the Department of Planning Services. (Department of Planning Services) D. The recorded exemption RE -4859 plat shall be submitted for recording. (Department of Planning Services) USR-1680 North Weld County Water District page 4 of 7 Preliminary E. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1680. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-390 of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The access road off of County Road 13 shall be included within the Use by Special Review Permit boundary for this site. (Department of Planning Services) 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2-380.D.3 of the Weld County Code. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above 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 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. 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 application was approved a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. 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 mapsaco.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1680 North Weld County Water District page 5 of 7 Preliminary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North Weld County Water District USR-1680 1. The Site Specific Development Plan and Special Review Permit is for A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (two 5 -million gallon water storage tanks) in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 4. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 5. Weld County will not maintain drainage related areas. (Department of Public Works) 6. 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. (Department of Public Works) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 12. Adequate toilet facilities (port -a -potties) shall be provided during facility construction. (Department of Public Health and Environment) 13. Bottled water shall be utilized for drinking and hand washing during facility construction. (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) USR-1680 North Weld County Water District page 6 of 7 Preliminary 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. Building permits will be required for all new structures prior to construction. (Building Department) 17. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report prepared by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 18. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Building Department) 19. A letter shall be provided from the Poudre Fire Authority as to permitting requirements of the fire district shall be provided prior to issuance of building permits. (Department of Building Inspection) 20. Paint maintained in a color that blends with the surroundings shall be applied to the proposed tank(s). (Department of Planning Services) 21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 22. 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) (Department of Planning Services) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 25. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 26. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1680 North Weld County Water District page 7 of 7 NOTICE • • • Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado at the time specified below. The complete case file may be examined by calling the Department of Planning Services at (970) 353- 6100 Extension 3400 to make arrangements with the case planner. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. If a court reporter is desired for this hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. PLANNING COMMISSION DATE: February 3, 2009 TIME: 1:30 p.m. APPLICANT: North Weld County Water District PLANNER: Chris Gathman REQUEST: USR-1680- A Site Specific Development Plan and Use by Special Review Permit for Major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot B of Am RE -2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. (See Legal Description for precise location.) SIZE: 5.7acres, more or less. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: January 16, 2009 PUBLISHED: January 23, 2009, in the Greeley Tribune Affidavit of Publication • NOTICE Pursuant to the coning N claws of the State of Colorado and the Weldry CPlounty Co Code, Ca public ublc hionen rhg will l be heldbefore ate Weld CouCounty Planning Department, 918 10th Street, Greeley, Colo- rado at the time specified below. The complete case file may be examined by calling the De- partment of Planning Services at (970)la3n3-6100 Extension r. To ensure in 3400 tosi make arrangements with p the ndence into the case tile prior to the on your E-Mailicnrre hearing, Planning Commission bean th, appropriate at contact information. artment of Planning ag Services reporter robtainis the app p If aarm nt of Plaiting ertor shearing, please advise the to eof The tofa Services, in i wg a co. aleastreporter days prior r e the hearing. cost of . In ccg d court with the melt be borne by the requesting spec. In coodce with the Ameri- cans riyo Act, if special ng, arere- quired tain order for you participate in this hearing, pl3M10 con- tact 351 the Department h of Planning Services All at (97 0) heduled b be- fore the Planning Coe mmission are f the subjectctoes continuance, due to lack of quorum or otherwise. Contact the Department of Plan- ning Services at the number above, for hearing continuance in- formation. PLANNING COMMISSION DATE: February 3, 2009 TIME: 1:30 p.m APPLICANT: North Weld County Water District PLANNER: Chris Gathman REQUEST: USR-1680- A Site Specific Development Plan and Use by Special Review Permit for Major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Aggrricultural( Zone District. I LEGSection 6EPN,IPTION: Lot B of AmRE-2992; located in SW4 of R67W of the 6th P.M. Weld County, Colorado. LOCATION: Approximately 1/8 mile east of CR 13 and mile south of CR 86. (See Legal Description for precise location.) SIZE: 5.7acres, more or less. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: January 6.2009 The Tribune January 23, 2009 • STATE OF COLORADO County of Weld, Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Twenty-third day of January AD. 2009 and the last publication thereof: in the issue of said newspaper bearing date the Twenty-third day of January AD. 2009 that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. January 23, 2009 Total Charges: $10.84 23rd day of January 2009 My Commjssion Expires 06/14/ Notary Public • • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT # /AMOUNT # 1$ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number 0 7 0 5 - 0 6 - 3- 0 0- 0 5 2 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.co.us). Legal Description Lot A Second Amended RE 2992 , Section _ 6 , Township _7_ North, Range 67 West Flood Plain: Zone District: Total Acreage: 5.7 +/- , Overlay District: Geological Hazard: , Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: Jamie M. and Ted V. Simmons Work Phone # Home Phone # Email tsimmons@NewLifeComp.com Address: 5208 Keystone Creek Court Address: City/State/Zip Code Fort Collins, CO 80528 Name: Work Phone #_ _Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # _ _Home Phone # _ Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: LIND, LAWRENCE & OTTENHOFF, LLP (Chrysten S. Hinze; Kenneth F. Lind) Work Phone #_7T6749888 Home Phone #_ Email chrys@llolaw.com Address: ken@llolaw.com Address: 355 Eastman Park Drive, Ste. 200 City/State/Zip Code Windsor, CO 80550 PROPOSED USE WATER SUPPLY STORAGE: A MAJOR FACILITY OF A PUBLIC UTILITY • • I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be cluded with the application. If a corporation is the fee owner, notarized evidence must be inpded indicatirt that he signatory has to legal authority to sign for the corporation. Signature. Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date • • • Chrysten S. Hinze, Attorney LIND, LAWRENCE & OTTENHOFF, LLP 355 Eastman Park Drive, #200 Windsor, CO 80550 RE: Site Specific Development Plan and USR, SW1/4, Sec. 6, T7N, R67W This letter is to provide authorization for LIND, LAWRENCE & OTTENHOFF, LLP, its members, agents and employees, to act on behalf of Ted V. and Jamie M. Simmons as their agent concerning their application to Weld County for a site specific development plan and use by special review as referenced above. • • a e M. Simmons Date: Date: 12 SA S • • • • • GEORGE H. OTTENHOFF KENNETH F. LIND KIM R. LAWRENCE P. ANDREW JONES JAMES D. BRAMER' CLINTON P. SWIFT KELLY J. CUSTER 'Also admitted in Wyoming +Also admitted in Wisconsin LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE, SUITE 200 WINDSOR, COLORADO 80550 TELEPHONE: 970-674-9888 TELECOPIER: 970-674-9535 chrys@llolaw.com WW W.LLOLAW.COM 721 EAST LINCOLN WAY CHEYENNE. WY 82001 TELEPHONE: 307-635-2480 October 15, 2008 Weld County Department of Planning Services North Weld Building 918 10th Street Greeley, CO 80631 ATTN: Tom Honn and Chris Gathman Via hand delivery BRADLEY C. GRASMICK DAVID P. JONES CHRYSIEN S. HINZE THEODORE J. FINN MEGAN R. PEIERSON+ Re: Applications as to combined Two -Lot Recorded Exemption Application and USR Application concerning a Major Facility of a Public Utility as to proposed Lot A Parcel: Lot B of AM RE 2992, Section 6, Township 7 North, Range 67 West. Gentlemen: In follow-up to the preliminary review and resulting comments concerning the above - referenced applications, enclosed please find the application documents as itemized below. The USR plat has been amended as requested by Weld County Public Works. I understand the application certifications are deemed current as the applications were submitted for preliminary review on September 29, 2008. I. For a second amended recorded exemption: (a) Application form with agent authorization (Original plus 14 copies) (b) Recorded Exemption questionnaire (Original plus14 copies) (c) 8% by 11" sketch map (with attachment identifying access) (Original plus 14 copies) (d) Weld County Road Access Information Sheet (Original plus 1 copy) (e) Copy of deed identifying applicants' ownership of the subject parcel (f) Letter from North Weld County Water District (domestic service) (two copies) (g) Copy of Water Shares (irrigation) (two copies) (h) Certificate of Conveyances and attachments Statement of taxes due from the Weld County Treasurer (j) Payment in the amount of $201.00 for the application and the recording of the plat. (i) II. For a Use By Special Review permit: (a) Application form with agent authorization (original plus 19 copies) (b) Special Review plat map (24" x 36") (20 copies) (c) Special Review plat map (81/2" x 11", with attachment identifying access) • • • • • (d) Special Review Use Questionnaire and Supplemental Responses concerning Major Facility of a Public Utility, with alternate site analysis attached. (original plus 19 copies) (e) Weld County Road Access Information Sheet (original plus 19 copies) (f) Letter from North Weld County Water District (domestic service) (two copies) (g) Deed identifying fee interest in the parcel, one copy (h) Certificate of conveyances and attachments (i) Soils Report (two copies) (j) Geotechnical Report (k) Affidavit and certified lists of names/addresses/parcel information assigned by the Weld and Larimer County Assessors (I) Property Statement of taxes due from the Weld County Treasurer (m) Preliminary Drainage Report (proposing detention pond) (n) Payment in the amount of $ 5,021.00 for the application and the recording of the plat. Please note that, pursuant to North Weld County Water District's Eminent Domain proceedings before the Weld County District Court, Civil Action No. 08 CV 199, the District presently has requested, and obtained, immediate possession of an easement for access to proposed Lot A, as well as one for a water pipeline from WCR 13 to the subject parcel. The location and legal description of the access and water line easements are attached to the Recorded Exemption sketch map and are indicated on the USR plat enclosed with the respective applications. Thank you for your attention to this matter, and please do not hesitate to contact me with any questions or concerns about the applications. End. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP l./ l Chrysteh S. Hinze • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE ANSWERS 1. Explain, in detail, the proposed use of the property. ANSWER: North Weld County Water District ("the District") is a political subdivision of Colorado which supplies domestic water to rural properties in Weld County and to the Weld County towns of Ault, Eaton, Galeton, Gill, Nunn, Pierce, Severance and Windsor, and owns and maintains facilities for the storage, transport and delivery of water. The property, proposed Lot A of Second Amended Recorded Exemption 2992 (being considered simultaneously with this application), is a small (approximately 5.7 acres) portion of a larger parcel of approximately 50.6 total acres, which is currently used for growing hay. Proposed Lot A will be used for domestic water storage for North Weld County Water District. Ultimately, two five million gallon water tanks, 165 feet in diameter and thirty-two feet high, will be constructed on the site for this purpose. Additionally, two 36 -inch transmission and fill water pipelines will be laid and connected to the tanks, one for transmission (fill) and one for distribution (supply). The transmission lines will connect into the District's system along Weld County Road 13 which is west of the parcel. Two hydrants will be installed on the site to flush the lines. Inside the tanks will be sonar devices which will allow the District to remotely monitor the tanks from its office in Lucerne. Accordingly, the site will be generally unmanned, requiring on -site visits from the District's personnel about once a week. To accommodate the electronic monitoring of the site, a radio transformer unit will be installed and housed in a separate structure on the property. As the site will support the District's goals for meeting the growing needs for supplying domestic water to rural properties in Weld County, with conformance of the site to reasonable requirements of Weld County, the proposed use adequately provides for the protection of the health, safety and welfare of the surrounding neighborhood and the inhabitants of Weld County. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). ANSWER: This proposal is consistent with Chapter 22 of the Weld county Code because it is in a somewhat isolated and protected location; it will have appropriate vehicle access; it is compatible with the surrounding land use in terms of traffic, density , scale, and dust; it is suitable for the land; it facilitates Weld County business and the production of taxes and revenue within the County as integrated in providing domestic water supply; it has no effect upon water or air quality; it minimizes interference with agricultural uses; rural settlement patterns and existing residential communities; it is compatible with existing and future land uses; appropriate infrastructure is available to provide adequate access; and the use will be in compliance with all Federal, State and County statutes, regulations and ordinances. • • • • • ordinances. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. ANSWER: The Weld County Code provides for this type of use to be by special review in the Agricultural Zone. (Weld County Code Sec. 23-3-40.D) By way of further response in accordance with Weld County Code Sec. 23-4-420, the District provides domestic water service to the county's population within the District in order to promote the health, safety, and public welfare of the inhabitants pursuant to C.R.S. Sec. 32-2-1001, et. seq. To provide such service, the District owns, maintains, and operates a system for the storage and distribution of potable water in Weld County, Colorado. During the past 15 years the District has experienced a rapid and significant increase in population and demand for domestic water services. Such growth requires that the District be able to acquire lands and construct the infrastructure needed to serve the District population. Specifically, the tanks will provide both water storage and equalization to the water delivery system, easing up the water lines to prevent pressure buildup, protect the system against emergency maintenance issues, and providing a backup supply needed for the growing demands of the District. In choosing the size and location of the parcel for this use, the District has made a diligent effort to conserve prime agricultural land in the county. 4. What type of uses surround the site? Explain how the proposed use is consistent with and compatible with surrounding land use. ANSWER: Agricultural and rural residential uses surround the site. As the proposed use is for water storage and the typical, day-to-day operation of the storage tanks will emit no odors, generate little, if any, noise, and very limited traffic use, it is compatible with the surrounding land uses, as well as with future development. 5. Describe, in detail, the following: a. How many people will use this site? ANSWER: Construction: For construction of the tanks and water lines (approximately three to six months per tank) a construction crew from twelve to fifteen individuals will access the site. Post -Construction Crew. A post -construction painting crew will access the site to prepare and paint each tank. It is anticipated the a crew of approximately ten people would access the site daily for two or three months. Standard operations: Approximately two employees will visit the site about 2 • • one time per week. • • • Maintenance: It is anticipated that maintenance will need to be done on the site every ten years or so. For maintenance, applicant anticipates sending a crew of up to ten people to the site. b. How many employees are proposed to be employed at this site? ANSWER: No employees will be stationed on the premises. See answer 5. a., above. c. What are the hours of operation? ANSWER: Standard hours of operation will be as follows: site visits and maintenance will occur within standard working hours, any where from 7:30 a.m. to 5:30 p.m. In the unlikely event of an emergency, a crew could be on site around the clock to address the circumstance. d. What type and how many structures will be erected (built) on this site? ANSWER: Two five -million -gallon round water storage tanks will be constructed, and for each tank a concrete vault to house an altitude control valve will be located in a separate ten -foot by twelve -foot vault. The water tanks will be painted a khaki color to blend with the surroundings, and each will contain a sonar device to transmit a 4 to 20 milliamp signal for monitoring the tanks by the District offsite. An electrical panels unit will be located in a weather-proof National Electrical Manufacturers Association (NEMA) enclosure of approximately 3 feet wide by 4 feet tall by two feet deep located adjacent to each tank. A radio receiver/transmitter will be in a weather-proof NEMA enclosure of approximately 3 feet wide by 4 feet tall by 2 feet deep, adjacent to each tank. A radio antenna will be mounted to the top of the tanks. Two 36 -inch transmission/fill pipelines are anticipated to be constructed. Two hydrants will be installed on the site. A four -inch domestic water line will be installed on the parcel which will provide domestic water to the site for the landscaping. e. What type and how many animals, if any will be on this site? ANSWER: none. 3 f. What kind (type, size, weight) of vehicles will access this site and how often? ANSWER: Standard Operation As to the typical operation of the site, the District anticipates the use of one or two passenger vehicles or pickup trucks one or two times per week. Construction. (up to fifteen months for each tank) 1. Delivery of materials. Semi -trucks will deliver 8x20 sheets of steel to the site. This will involve approximately a total of twenty-five to thirty truck trips over the course of approximately eight weeks, for anywhere from zero to five trips in a day. Daily trips may vary based upon the progress of the project. 2. Delivery of a crane. A crane will be delivered and removed from the site for one round trip. 3. Construction crew. Approximately twelve to fifteen passenger vehicles or pickup trucks will access the site daily during construction, depending on the size of the construction crew. • 4. Grader. A grader or back loader will be used to grade the site before and after construction. (Two round trips). 5. Route. It is anticipated that the semi trucks will generally approach the site by taking County Road 13 North from Highway 14 to the Access. Semi -truck construction traffic will be encouraged to stay on paved roads as reasonably feasible; however access to the site requires some travel on unpaved County Road 13. 6. Dust Control. Highway 14 is paved and Weld County Road is treated with magnesium chloride for dust control. As long as Weld County Road 13 remains unpaved, dust occurring during construction within residence areas (including approximately 100 feet north and south of such residences) will be controlled as needed by a water truck. Water will also be applied to the access road as needed to control dust from vehicles as needed during construction. 7. Permits. The District shall advise semi -truck and crane operators to check with the County and obtain proper permitting as may be required by Weld County for the use of any oversize vehicles accessing the parcel. 4 • • • • • g. Post -Construction Crew. Up to ten passenger vehicles per day for two or three months after each tank is constructed. One semi truck will access the site, requiring a maximum of approximately 15 trips to the site. Maintenance. (Approximately once every ten years, for a period of up to three months.) For repainting, one semi truck will access the site, requiring a maximum of approximately 15 trips to the site. Additionally, up to ten passenger vehicles would be at the site daily. Who will provide fire protection to the site? ANSWER: Poudre Fire Authority. No particular fire protection measures are set forth, as the improvements at the site are steel water tanks. h. What is the water source on the property? (Both domestic and irrigation). ANSWER: Domestic: North Weld County Water District Irrigation: none i. What is the sewage disposal system on the property? (Existing and proposed). ANSWER: No sewage disposal system is proposed, because employee use of the site is on a limited basis. Portalets will be used for construction and maintenance crews. j. If storage or warehousing is proposed, what type of items will be stored? ANSWER: n/a 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. ANSWER: A landscape plan detailing the proposed landscaping is submitted on the proposed plat included with this application. The area immediately around the tanks will be fenced with a roller -gated six-foot chain link fence as shown on the landscape plan set forth on the plat submitted with this application. The fenced area is roughly 98,000 square feet. Gravel will be laid around each tank base. A row of evergreen trees will be planted along the southwest boundary of the 75 -foot electrical easement, spaced approximately 20feet apart to act as a 5 • • • • screen toward the south. Additional shrubs and trees will be planted to the south and to the north of the tanks as indicated on the plat. The Austrian Pines have been selected for screening properties year round and because of their hardiness, and draught resistant properties. Both tall and low -growing shrubs have been chosen for displaying a colorful array of flowers in the Spring and Summer, as well as year round visual appeal. All of the shrubs and trees will be mulched to a minimum depth of four inches to conserve water and regulate temperature. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. ANSWER: As the proposed use will become part of the District's water supply and delivery system, it is not anticipated that the proposed use will ever cease. In the unlikely event that the use is ever terminated, the structures would be removed and the land graded and reasonably restored to its former condition and planted with native grasses. 8. Explain how the storm water drainage will be handled on the site. ANSWER: A drainage report is submitted with this application, which incorporates the use of a detention pond, indicated on the proposed plat. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. ANSWER: It is anticipated that construction of the first tank and water main will commence as soon as possible, not longer than within three years of the approval of this application and to be completed within fifteen months of the start. Construction of the second tank is anticipated to commence within 10 years after approval of this application, and will be completed within fifteen months of the start. Landscaping is planned to commence the first Spring following completion of the first tank, and should be completed within eight weeks of commencement. 10. Explain where storage and/or stockpile of wastes will occur on this site. ANSWER: No wastes will be stored or stockpiled on the site. • 6 • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE ANSWERS (SUPPLEMENT TO USR QUESTIONAIRRE: CONCERNING CONSTRUCTION OF A MAJOR FACILITY OF A PUBLIC UTILITY) 1 Have reasonable efforts been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical? Yes. Irrigated crops are not being grown on the parcel, and the proposed use will not adversely impact agricultural use on surrounding properties. Additionally, the overall purpose of the proposed use of the facility, water storage, will assist North Weld County Water District to service the domestic water supply and delivery needs of its many agricultural water users in Weld County, assisting in keeping such land in agricultural use. 2. Will the facility have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable MASTER PLANS? ANSWER: There will be no undue adverse effect on development of the surrounding area, as the site will be constructed in a manner that blends well with the region, is compatible with the surrounding land use in terms of traffic, density , scale, and dust, is suitable for the land, facilitates Weld County business and the production of taxes and revenue within the County as integrated in providing domestic water supply, has no effect upon water or air quality; minimizes interference with agricultural uses, rural settlement patterns and existing residential communities; is compatible with existing and future land uses; appropriate infrastructure is available to provide adequate access, and the use will be in compliance with all Federal, State and County statutes, regulations and ordinances. As the District supplies domestic water service to rural areas of Weld County, the proposed facility serves to positively impact the existing and future development of the surrounding area. 3. Does the design of the proposed facility mitigate negative impacts on the surrounding areas to the greatest extent feasible? ANSWER: Yes. See response to Question 2, above. The plat submitted with this application sets forth applicant's landscape and drainage plans which address visual aspects and water drainage concerning the site. 4. Will the site be maintained in such a manner so as to control soil erosion, dust and the growth of noxious weeds? • ! • • • • ANSWER: Yes. There will be little activity on the site to produce dust or soil erosion. The growth of noxious weeds will be controlled as required by the County ordinances. 5. What measures will be in place to ensure that the health, safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed facility? ANSWER: No potential adverse impacts are anticipated. By way of further response in accordance with Weld County Code Sec. 23-4-420, the District provides domestic water service to the county's population within the district in order to PROMOTE the health, safety, and public welfare of the inhabitants pursuant to C.R.S. Sec. 32-2-1001, et. seq. In the unlikely event of an emergency, the District has around -the -clock ability to arrange for immediate assistance. The site will be remotely monitored by the District at its Lucerne offices. Additionally, the District's contact information (970-356-3020) will be posted at the site, which provides for after- business -hours emergency contact to the District's on -call personnel. Emergency calls made to the on -call number are logged, as well, into the District's e-mail system. 6. Will the proposed facility be supplied by and adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural uses? Have all reasonable steps been taken by the applicant to minimize negative impacts on agricultural uses and lands? ANSWER: Yes to both questions. Because the site is uninhabited, little water supply is required for the site, and the only water needed is domestic use water for maintaining the landscape. By way of further response, see answer to Questions 1 and 2, above, and the Transmission Water Line Analysis included with this submission. 7. Have all reasonable alternatives to the proposal been adequately assessed, and is the proposed action consistent with the best interest of the people of the County, and does it represent a balanced use of resources in the affected area? ANSWER: Yes, the location was considered as appropriate as being a rural location with little or no impact on the surrounding uses. In particular, this site meets base elevation requirements necessary for the system to operate, as well as providing feasible access to the District's existing infrastructure. The site was favorable to others considered in that it better accommodates visibility, is less likely to encounter development in the near future, and requires less system adjustment to incorporate into the District's system. Additionally, there is no anticipated adverse impact on existing ditches, mineral resources, wildlife habitat, historical, archeological or scenic resources. See, Transmission Water Line Analysis, attached, for a more detailed explanation of the site analysis. 2 By way of further response, see answers to Question 2, above. I I 8. Will the nature and location or expansion of the facility meet Colorado Department of Health and County air quality standards? ANSWER: Yes, as there are insignificant emissions from the use of the site which will not impact air quality. 9. Do adequate electric, gas, telephone, water, sewage, and other utilities exist, or can they be developed, to service the site? ANSWER: Yes. Electric lines and water lines will service the site. The need for other utilities is not anticipated. Existing electric line easements are indicated on the plat. 10. Will the nature and location or expansion of the facility unreasonable interfere with any significant wildlife habitat or unreasonably affect any endangered wildlife species, unique natural resource, historic landmark, or archaeological site within the affected area? ANSWER: No. See Transmission Waterline Analysis, attached. 11. Please attach an engineer's certification that drainage plans have been developed for the site which will prevent surface drainage from leaving the site in excess of historic runoff flows. ANSWER: See engineer's drainage report and certification, attached. 12. Mineral Interests No mineral leases are of record concerning the parcel. No active development of mineral interests is taking place on the subject parcel, and even if the same were to occur in the future, the proposed tanks are not within designated drilling windows. Additionally there is adequate space on the parcel to accommodate access across the parcel, if needed, by mineral interest owners in the event of any future mineral development. 13. Ditches located on or near the site The ditch on the parcel and the adjacent parcel is a private lateral, and so there are no issues with respect to ditches on or near the site. This notwithstanding, any potential concerns are addressed in that surface drainage will not exceed historic flows, as set forth in the drainage report accompanying this application. I 3 • • I. TRANSMISSION WATERLINE ANALYSIS - 2007 • A. OVERVIEW The transmission waterline(s) deliver water from Soldier Canyon Filter Plant (SCFP) to finished water storage facilities located in Weld County. The pipelines travel through the northern part of the City of Fort Collins, cross the Poudre River and I-25 before traveling to the main NWCWD tank site. The transmission pipeline(s) are approximately 12 -miles long and generally run from west to east. Soldier Canyon Filter Plant sits at the base of the Soldier Canyon Damn at Horsetooth Reservoir. The original transmission line was constructed with reinforced Concrete Steel Cylinder Pipe (RCCP) and is 24" in diameter. The transmission line was constructed in 1963 and the District has done some repairs and replacement of the transmission line since it's original construction. Two of the major repairs and replacements have included: 1) a second casing and pipe across 1-25 just north of Hwy 14, 2) replacement and oversizing to 36" diameter Ductile Iron Pipe at the Poudre River Crossing just east of Hwy 287 and south of Vine Drive in Fort Collins, and 3) replacing the line from the East side of Boxelder Creek approximately 2,000 feet along Hwy 14 and adding a pump station to this area. B. DEMAND STUDY The transmission system supplies all of the water used by North Weld County Water District customers. • Currently the transmission system is the original 24" diameter pipeline owned by North Weld County Water • I-25 & Hwy 14 Pump Station #1 24" RCCP Flow Scenarios Flow in Gallons Per Minute (gpm) Flow in Millions of Gallons Per Day (MGD) Gravity 3,500 5.0 One 125 HP Pump 4,500 6.5 Two 125 HP Pumps 5,500 7.9 One 250 HP Pump 6,500 9.3 A second pipeline takes water from either East Larimer County Water District (ELCO) or the City of Fort Collins and is also a 24" diameter pipeline that is metered at WCR 84 and WCR 13 (known as the ELCO Vault). Normal flow brings water from the ELCO distribution system but as pressures drop within ELCO's system the City of Fort Collins connection begins to flow water to NWCWD. There is a check valve installed to ensure that the City of Fort Collins or NWCWD water will not flow back to the ELCO distribution system. The check valve is located at Timberline (LCR 9.5) and Mountain Vista (LCR 50). North Weld County Water District can pump water through the Summit View Pump Station located on Timberline (LCR 9.5 was previously named Summit View when the Pump Station was constructed) one-half mile north of Vine Drive (LCR 48). This pump station pulls water from the City of Fort Collins 24" diameter watermain located in Timberline Avenue. The Summit View Pump Station can provide flows as shown in the table below: Summit View Pump Station • • • Flow Scenarios Flow (gpm) Flow (MGD) Gravity 3,500 5.0 One 150 HP Pump 5,215 7.51 One 300 HP Pump 6,473 9.32 Two 300 HP Pump 7,940 11.43 Currently, with both pump stations operating at maximum capacity North Weld County Water District can transfer a maximum flow of 20 MGD. However, the Summit View Pump Station flows are only available from year to year with the permission of the City of Fort Collins. Fort Collins reserves the right to reduce or cease to provide water to North Weld County Water District if demands increase for the City of Fort Collins. Without the City of Fort Collins connection and the operation of the Summit View Pump Station, North Weld County Water District can only convey 14.3 MGD. Based upon the anticipated growth, the District would likely exceed this flow rate in 2010, and would be at a maximum demand of 16 MGD in 2012 and 29 MGD in 2030. C. PUMP DESIGN The existing pump stations increase the pressure to the design working pressure of the piping systems. Additional pumps on the waterlines could pose problems to the discharge piping system and would not increase flows dramatically. The velocity of the transmission line is approximately five feet per second being pumped at full capacity, which is near the maximum velocity desired for a large transmission waterline. D. TANK 1. Description iSna Tank 1 currently has two welded steel tanks, located south of Hwy 14, just west of Hwy 257. The first tank stores 1.5 Million Gallons (MG) and was constructed as part of the original construction in 1963 to 1965. The second tank was constructed in 1992 and has a storage capacity of 5.0 MG. The tank levels are controlled by two control valve sites which control flow rates of the two transmission lines. The valve controlling the original 24" RCCP waterline (Pump Station #1 — I-25 and Hwy 14) is located at the tank site. The other control valve is located at WCR 84 and WCR 13 (ELCO Vault) which controls the flows from ELCO and the Summit View Pump Station. The tanks at this site use individual, isolatable lines used to both fill and withdraw water from the tanks. 2. Location — Future Locations Sites for future storage locations are limited to an elevation range of approximately 5120 -feet to 5134 -feet for the base grade. These elevation limits begin to dictate the location of the tanks. The second key item of the tank site is that the outfall pipeline leaving the storage tank must have a negative grade to the existing distribution system. Ideally, the Tank Site should be chosen as close to the distribution system as possible to minimize the construction of outfall piping. With these constraints there are three areas that are suitable for tank construction. The first area is approximately %z mile to one mile north of WCR 84 (Vine Drive) and adjacent to WCR 13. The • • • • second area is near the intersection of WCR 84 and WCR 15. The last area is near the Districts' existing tank site located at Hwy 14just west of Hwy 257. The first potential sight north of WCR 84, has multiple locations for the tank site both west and east of WCR 13. This site is very close (800 to 2,000 -feet) to the District's existing large diameter distribution piping and it has a negative grade from the site to the distribution system. This works well in allowing the distribution system to have minimal piping at pressures less than 20 psi. The distribution piping in this area was constructed in 2000/2001 and has additional capacity. The negative side of much of this area is that the Tanks would be close to WCR 13 and be highly visible, except for an area that lies east of WCR 13 and is located in the SW Quarter of Section 6, T7N, R67W. This area has an elevation of 5,124 -feet and lies on a piece of property that is triangularly shaped and dissected by a Western Area Power Authority (WAPA) electric transmission line. The second location near the intersection of WCR 84 and WCR 13 also meets the elevation requirements for the water storage tank. This site is relatively close to the existing large diameter distribution system at approximately 2,500 -feet to an existing 24". This existing 24" is connected to the existing tank site and the large distribution piping located in WCR 13. The outfall piping would have less of a negative grade requiring a longer length of pipe to be installed with pressure conditions less than 20 psi. Also this site is highly visible and many acreage developments have begun in this area. The third site that meets the elevation requirements coincides with the existing storage facility located along Hwy 14 just west of Hwy 257. This location is near distribution piping, but the distribution waterlines in this area are near full capacity. From this site, several miles of additional large diameter distribution piping would need to be installed along Hwy 257 from Hwy 14 to WCR 76. This site is also highly visible and of the three sites is most likely to encounter development both residential and commercial. With these locations, the District should continue to pursue the tank site located north of WCR 84 (Vine Drive) and east of WCR 13 just north of the WAPA electric transmission lines. Locating tanks on this site does not unreasonably interfere with any significant wildlife habitat or unreasonably affect any endangered wildlife species, unique natural resource, historic landmark, or archeological site within the subject area. 3. Last Maintenance The 5.0 MG tank was removed from service and the interior was abrasive blasted and re -painted. The top of the tank was also blasted and a primer coat was placed on the tank before being placed back in service in June of 2007. The 1.5 MG tank had similar work done to re -paint during the summer of 2007. As part of the re -painting project, new outlets were installed on the opposite side of the tank from the fill line. The 5 MG tank had a 36" diameter outlet installed and the 1.5 MG had a 24" diameter outlet installed. New tamper proof air -vents and ladders were also installed. Outfall piping from the tank and connections to the existing outfall piping should be complete by spring of 2008. The complete exterior painting of both tanks is to be completed before the summer of 2008. • • • 4. Future Needs • • Additional storage will be needed as demand increases above 15.8 MGD. The District arrives at this figure by calculating a 24 hour storage supply for a peak day, in a worse case scenario, assuming that one transmission waterline was out of service. As will be discussed below in Piping Network, a new waterline will be installed. After installation of the waterline, additional storage would not be needed until peak demand exceeds 20.8 MGD. This peak demand of 20.8 MGD is expected by the year 2018. However, with a new transmission waterline being constructed it may be advantageous to pursue the construction of a new tank upon completion of the transmission waterline. E. PIPING NETWORK ant Optimum capacity of the transmission lines at full pumping rates show that capacity is available for several years to come. However, if the City of Fort Collins is not capable of providing flows to North Weld County Water District, the District will be at full capacity within a couple of years. The solution to increasing the transmission line capacity is the construction of approximately 12 -miles of large diameter pipe through the north side of Fort Collins. This large project will take multiple years to construct. North Weld County Water District has hired Boyle Engineering to complete routing alignment studies, and to begin design on portions of the pipeline. Increased demands are also affecting ELCO, therefore the two District's have agreed to join together to build one transmission waterline (42" diameter) from the Soldier Canyon Filter Plant to the Summit View Pump Station. The project has gained the acronym of "NEWT" (North Weld County Water District — East Larimer County Water District — Waterline Transmission). The District anticipates commencement of construction on the first section between Timberline and Shields in 2008 and completing that section in 2009. The second phase of NEWT will continue from Shields to the Soldier Canyon Filter Plant (SCFP) and is expected to begin in 2010 and be finished in 2011. North Weld County Water District will then have to complete construction of approximately four and a half miles of 36" diameter water line from the Summit View Pump Station east to the future tank site in Weld County. Location and Extent Processes along with Routing Studies involving both the City of Fort Collins and Larimer County have been completed for NEWT Phase I with design and easement acquisition scheduled to be completed by spring of 2008. A routing study has begun for NEWT Phase II and the Larimer County location and extent review should be completed by summer of 2008 then easement acquisition and final design will begin. Recommended Waterline Construction Schedule Description Estimated Cost Timeline NEWT Phase I $4,400,000 2008/2009 NEWT Phase II $3,300,000 2010/2011 Summit View PS to Future Tank 1 $6,850,000 2012/2013 Additional 5.0 MG Tank $5,000,000 2014 Total Cost of Improvements needed by 2012 $7,700,000 or $1,778,469/Year Total Cost of Improvements needed by 2014 $19,550,000 or $3,378,631/Year • F. SUMMARY / RECOMMENDATIONS • The main transmission waterlines and storage tanks are the lifeblood of the District. Without these facilities, delivery of water is impossible. The completion of NEWT and continuation of construction on the 36" diameter pipeline and additional 5 MG tank site will provide enough capacity to meet the District's needs until 2030. From 2015 to 2030, the District should continue to investigate additional sites for additional filter plants and associated transmission lines. The District should also begin to replace portions of the existing 24" RCCP pipeline as road improvements for developments around or adjacent to the pipeline are constructed. The District should, at that point, begin to replace the 24" RCCP pipeline with a 36" diameter pipeline. • • • • DISTRICT COURT, WELD COUNTY, COLORADO Weld County Courthouse 9th Street and 9th Avenue P.O. Box 2038 Greeley, CO 80631 Phone Number: (970) 351-7300 LIILLD Document— District Court 2008(V199 CO Weld County District Court 19th JD Filing Date: Aug 22 2008 4:28PM N1 Filing II): 21201806 ♦COURT USE ONLY • Petitioner: North Weld County Water District Respondents: Margaret A. Schneider, John R. Lefebvre, Jr., in his official capacity as Treasurer of Weld County, Susie Velasquez-Jojola in her official capacity as Public Trustee of Weld County Case No. 08 CV 199 Division No. 1 ORDER FOR IMMEDIATE POSSESSION This matter having come before the Court for hearing on issues of immediate possession on July 10, 2008, and following testimony and receipt of evidence, the Court: HEREBY FINDS: 1. The Court finds that Petitioner, North Weld County Water District, is a duly authorized subdivision of the State of Colorado, with statutory authority to condemn property pursuant to C.R.S. 32-1-1001 et seq; 2. The Court finds that the property subject to Petitioners request for Immediate Possession is on a portion of the property located in the NW 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, and shall hereafter be designated as "The Subject Property". 3. The Court finds that Respondent Margaret Schneider is the fee owner of the Subject Property. • • • • 4. The Court finds that Petitioner has made application to acquire a property interest in The Subject Property in the form of two permanent easements as identified by the legal descriptions and survey plats attached hereto as Exhibit A & B. 5. The Court finds that Petitioner requests to acquire said easement interests in the Subject Property for the public purpose of extending and supplementing its potable water transmission system in the area, including the addition of water transmission lines, and a service road incident to a proposed water storage tank on adjacent property. 6. The Court finds that Petitioner has demonstrated a present need for its requested interest in the Subject Property. 7. The Court finds that the Parties entered into discussions and negotiations for the purpose of informal resolution of Petitioner's requested interest in the subject property, including discussions and transmittal of information and offers of compensation to the Respondent. The Court finds that said negotiations were not fruitful, but that Petitioner has satisfied it requirement to negotiate for resolution in good faith before commencing the above -captioned action. 8. The Court finds that the Petitioner has complied with its own internal procedures by passing a resolution related to the acquisition of an interest in The Subject Property; 9. The Court finds that Petitioner has served a timely and compliant Notice of Intent to Acquire and Offer to Purchase upon Respondent, and that further, Petitioner has met the statutory requirements of these Immediate Possession proceedings. 10. The Court received testimony and evidence from the Petitioner regarding the fair market value of the requested taking, but received no evidence from Respondent. The Court received no evidence of any damage to the remainder of the property from Petitioner's proposed easements, and no evidence of benefits to the remainder occasioned by the Petitioner's request. The Court finds that the real estate appraisal and related testimony of W. West Foster to be credible and sufficient to satisfy the Court regarding the probable fair market value of Petitioner's requested easements upon the Subject Property, and that security in the amount of Fifteen Thousand ($15,000.00) shall be sufficient for the purposes of granting Petitioner immediate possession of the property interest. C:\DOCUMENTS AND SETTINGS\FSADMIN\MY DOCUMENTS\2IONVERSIONWORKDIR\359_200808222226460967.DOC • CONCLUSIONS OF LAW: 1. The Court concludes that Petitioner, North Weld County Water District , is a political subdivision of the State of Colorado, as defined by C.R.S. 32-1-1001 et seq., and that Petitioner enjoys Eminent Domain authority pursuant to C.R.S. 38-1-119 and the Colorado Constitution, Article 16, §7; 2. The Court concludes that Petitioner enjoys the power to acquire an interest in The Subject Property pursuant to C.R.S. 32-1-1001(f) and C.R.S 32-1- 1006(1)(e) and (f); 3. The Court concludes that just compensation for security purposes related to Immediate Possession of the Petitioner's proposed easements on the Subject Property sought shall be: $15,000.00 ORDER IT IS HEREBY ORDERED that Petitioner, North Weld County Water District may exercise its statutory right to acquire easement interests in Respondent's real property as identified herein and attached as Exhibits A & B, and is herby granted Immediate Possession; • • IT IS FURTHER ORDERED that Petitioner shall deposit with the Clerk of the Weld District Court a sum of Fifteen Thousand ($15,000.00) dollars as security payment to allow for immediate possession of the subject property interest; IT IS FURTHER ORDERED that Petitioner, North Weld County Water District, upon deposit of security funds enumerated in this Order, shall be authorized to take immediate possession of the permanent easements upon Respondent's real property identified above and in Exhibits A & B; IT IS FURTHER ORDERED that Respondent shall be entitled to withdraw, without further motion to the Court, up to Seventy -Five (75%) Percent of Petitioner's deposit of funds ordered herein, for a withdrawal not to exceed Eleven Thousand, two hundred and fifty dollars and 00/100 ($11,250.00) Dollars. IT IS FURTHER ORDERED that Petitioners shall not be required to post a bond as part of these proceedings if said security deposit, identified above, is deposited with the Clerk of the Court pursuant to this Order; IT IS FURTHER ORDERED that the Court shall entertain Respondent's post hearing motion related to withdrawal of the security proceeds, if said motion is filed before the close of court business on the 15\h day following the date of this Order. C:\DOCUMENTS AND SETTINGSTSADMIN\MY DOCUMENTS\SONVERSIONWORKDIR\359_200808222226460967. DOC • • IT IS FURTHER ORDERED that Petitioner shall set matter for trial within thirty (30) days of the date of this order. Date: August 22, 2008 Ro:er Alein District nun Judge This document was filed pursuant to C.R.C.1'. 121, § 1-26. .4 printable version of the electronically signed order is antllable in the Court's elecironlc file. C:IDOCUMENTS AND SETTINGSIFSADMIN\MY DOCUMENTS\ONVERSIONWORKDIR1359 200808222226460967.DOC • • PROPERTY -DESCRIPTION 20' Pemtsontt WatedineEaaimmt An easement being a portion of Lot B, Recanted Exemption No. 0705-06-2- RE -30a recorded September 28. 2001 at Reception No. 2887241 of the Records of Weld County, together with aportion off the Ent Half of the Northwest Quasar (1312NW1/4) of Section Six (6). Township Seven North fr.7NJ, Range Sixty-seven West 93.67 WJ. Sixth Principal Merlin (6th MI Camay of Weld, State of Colorado. more particularly described as follows Commencing at die West Quarts Coma of said Spoke 6 and amain the South line of the Northwest Quarter (NW1/4) as bearing North 87°3474' East being a grid bearing oft Colorado State Plane Coord)oste System, North z Nor h American Daum 198.3/92 adisance of 247207 feet with all bearings clammed herein relative thereto; THENCE North 8134'24' East along the South line of theNell/4 a distance of 30.02 feet to the Eaatajy WShnof-Way (ROW) line of Weld County Read 13 (WCR 13) and to the POINT OF BEGINNING; TFFlNCE North 00°07'3I' West along said Easterly ROW line a distance of 20.02 foot; THENCE North87°34'24" East along aline parallel with tad 20.00 feetNartedy of, as measured Enright angle to the South line of the NW1l4 of said Section 6 adanooe of I430.17fceg TBWCE SaMINCE Smell00°12'4Y'Earladistanceof20.02feettotheSouthlneoftheNW114 of said Section fc THENCE South 8134'24" West along said South line a astute of 143020 feet to the Pffialy ROW line of WCR 13 and to the POINT OF BEGI NNDNG; Said deserted eesvtotett cons a total of 28,604sq. ftor 9.657 acres rots or lass and is subject many evicting easements and rights of way of record ores now meeting on said panel of land. SURVEYOR'S CRWIWICATE Steven A. Lord, aColoado Registered Professional land Strayer do hereby state that this Properly Dacsipbon was peparedrmder my personal supervision and checimg, and that it is no aid corrector the best of my knowledge and balm Steven 1=.'T '!''..,:,I of Log Surveyors. Lnc Colon& Registered Professional Lind Surveyor434995 ICING SURVEYORS, INC. 650 Garden Drive Windsor, Cathode 80550 (970) 686-5011 P.9i0e7212L 3410i0e12OD0irrdec Ppl Del EXHIBIT 1 A • • 20' WATERIJNE EASEMENT E3G-IIBIT 0N/1/4. SEC. S. T.7N., R.87W. 100' 1 50' ' 0 1� 1". 10T 100' I LINE TABLE LwE BEARING LENGTH LI N873F74E 30.02' 12 N0007'31"0 20.02' L3 W1124fE 20-02' Note This ceded draektg is not intended to I.. a monumental kmd surrey. We sale please to ea a ameba npre a tatcn to all is the vimwemtimthe written property deeeription a The en pro a' � supersedes th adehltdsupersedes the anW. eP NON'RNI I, T..71tER SECTION 8. 7N, RAM ALUMINA CAP Illaar 1/2' CENTER QUARTER CORNER SECTION 8, 7.7Pa, RTE FOUNDREJAR MITH 2 1/2' ALUM INUM CAP SF IS 4502 Af0 1995 six 20' WA ERLVVE EASEMENT N I$6N59.1k/0.657Ac L w 2 O 94 a.m WELD C0UNTYR0AD.13 .m' L2 NOOU73 "W 2641.33' —� VEST QUARTER CORNER SECTION O. T.7N„ R87W: FOUND i5 RERAR MTH 3 1/4 ALUMINUM CAP SFAMPEO LS 4392 AND 1895 IN MON. HOC paw CF CO IENCEMBD' ICING SURVEYORS, INC. 650 Garden Delve Whit% Coloadn 805"50 phone (970) 6865011 J km{970) 865621 ' ww.S Nmngascom PROJECT NO:2007227 DA1E5-17-07 CLIF.NT:NWCWD DWGN2007227EK71-01 DRAWN: MB CLICKED: SAL PROPHCTY DESCRIPTION 40' Access & tidily Easement An easement being aparson of Lot B, Recorded Bxempdan No. 0705-06.2- RE -3068, recorded Sepepber28, 2001 at Reception No. 2887241 of the Records of Weld County, together with apatko of the Fist ilaff of the Northwest Quarter (E1t 1W1/4) of Section Six (6), Township Seven Nails (1'.7N), Range Sixty-seven West Qt67W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, moreparoalaly described as follows: Commencing at the West Quarter Coma of said Section 6 and assenting the South line of the Northwest Quarter (NW1/4) as beating North 87°3474" East being a grid bearing of de Colorado StatePbse Coadunte System, North a North American Datum 1983/92 amstaoce of 2422.07 teet with all bearings contained backs tdadve thereto: THENCE North 8784'24" East along the South line of the NW1/4 a tistanceof 30.02 feet to theEaetedy Rightof-Wey (ROW) line of Weld County Road 13 (WCR 13): THENCBNor h 00°0T31" West along said Easterly ROW line a distance of 20.02 fat to the POINT OFBEGININ% THENCE flag Garth 00°07'31' West along said Easterly ROW line a distance of 40.03 feet THENC&Nath 67°349:4" East along a line patafel with and 6800 feet Natthaly of, as measured eta right wade to the South line of dm N911/4 of said Section 6, a distance of 1,470.14feet THENCE Borth o0°12 43" East a distance of 60.04 feet to the South line of the NWU4 of said Section 6; THENCE Souh 8T34'24" Wart along said South line a distance of 40.03 feet THENCENonh 00°12'43" West a cases= of 20.02 feet THENCE South 8r34'24" West along a Raeparalel with and 20.00fret Ncdbaly of, as measured at aright angle to the South Yale of the N0/1/4 of said Satin 6, eateries of 1431117 fast to the Easterly ROW line of WCR 13 at to the FOINT OF BEGINNING; Said desnbed easement contains atotal of 59,607 tt} ft or 1.368 acres, more or less and is subject to any exis0ng=fiaxnts and rights of way of record or= now eastMgon saiddemaibed parcel of lead. SURVEYOR'S CER19FICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Desaiptiat was prepared render mypeaona supervision and cheddog, and that it is .,,.. aal cone= lathe best atmy knowledge and belief. • Steven • ' i-�; -', :., : of King Surveyors, Inc. Coloredo Registered Professional Lind Surveyor #34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 070) 686-5011 Pi010728711EGAL$11005221EXR_eabc hp I ail EXHIBIT B • • 40' ACCESS & UNIFY EASEMENT EXHIBIT NW1/4, SEC. 6, T.714., R.67W. 100' 50' C 100' 1S 100' LINE TABLE LINE ■»r;,I;Feill pay ©rids:YLs 4Illfl L2 L.3 ,fl-t•linfll >® -1If1�BZ:i7 rat >0ill.;_ra,t rZ1$ aar_ ROTE This salt draelq S not Mended to be a nnnwaenleid land survey. We eats purpose is as a graphic the mitten property de coo„ the hRRaawanp aan s The written properly description supersedes the a NWBlpEST CORNER SECRR! & x7R, R.67W. FOUND dE REBAR VIM 2 1/2' AUAIWW CAP ILLEGIBLE CENTER QUARTER CORNER SECTION 6. T.7R.. R.67W. FOUND p REBAR WW2 7 AfJMIMN CAP LS 4602 MD IBM 4D'ACrRcS & 1QYLPPY WENT �SEAFSEt L WELD COURIY ROAD 13 r NO 2641.33 O 0 L4 N m tki 3 of M� ktk WEST AMMER CORNETT SECTION & T.TL, R67W FOUND !e REBAR WM 3 1/4' ALWMN CAP STAMPED LS 4392 AND 1966 N LION. BOX POINT OF GOAME t@c7f KING SURVEYORS, INC. 450 Garden Drive { Wials r, Colorado 80580 Phone (970)636-5011 ( fee (970) 686-5821 warliggenneyaaeom PROJECT NO:2007227 DATE: 5-17—D7 cum NWCWD DW42007227EXFL02 DRAWL BTB CHE01(ED: SAL - Larimer County Assessor Props Information • Page 1 of 3 • • • Assessor Property Information Property Tax Year 2008 Parcel Number: 87010-00-020 Tax District: 1006 General Information Duller ncr Name & Address DYECREST DAIRY, LLC 1137 N COUNTY LINE RD FORT COLLINS, CO 80524 Subdivision #: /010768 - SI 107 R68 Neighborhood #: 01011 (0101=Nbhd, 1=Ranch Style) Property address 1401 N COUNTY FORT COLLINS £ Mobile Home Spa Legal Description NE 1/4, N 1/2 OF SE 1/4 1-7-68; EX 247-24, ALSO EX BEG ATE 1/4 COR, TH S 246.65 FT TPOB; TH S 572.05 F" E 268.83 FT; TH N 89 59' 9" W 607.18 FT; TH N I 6' 51" E 1809.89 FT; TH E 1011.07 FT; TH S 36 47' 3" E 1514.26 Sales Information Reception # Sale Price Deed Type Sale Date 20050100772 $1,000,000 SPECIAL WARRANTY DEED 11/17/2005 86060293 $0 WARRANTY DEED 10/01/1986 Value Information (as of December 1, 2008) Abstract Code/Description Value Type 4117 Ag irrigated IIIN Land 4116 Ag irrigated IIN Land 4259 Ag imp Improvement Totals: Property Attributes and Descriptions Attribute Sewer Main Fuel Source Power Source Water Attribute Description Septic LC Liq Propane LC Electricity LC Public W LC Building Improvements Actual Value $17,100 $24,430 $302,700 $344,230 Assessed Value Net Acres Net Sq Ft $4,960 89.00 3,876,840 $7,080 89.00 3,876,840 $24,090 0.00 0 $36,130 178.00 7,753,680 Building ID: 1 Heat Hot Water Radiant Total Sq Ft: 34 http://www.larimer.org/assessor/query/Detail. cfm?PropertyTypeV ar=Residential&Buildi... 12/08/2008 Larimer County Assessor Props Information • Page 2 of 3 • • • Property Type: Residential Roof Type: Hip Condo Sq Ft: Built As: Ranch Roof Cover: Composition Shingle Bsmt. Sq Ft: Occupancy: Single Family Residential On Ag Foundation: Concrete Bsmt. Fin. Sq Ft: Year Built: 2006 Rooms: 8 Year Remodel: Bedrooms: 3 Quality: Good Baths: 6.00 Condition: Average Units: 1.00 Class Descr: Unit Type: Exterior: Frame Syn Plaster Stories: 1.00 Interior: Drywall Building Detail Type and Description Detail Type Detail Description Units Appliance Cook Top l Fixture Water Heater 2 Porch Wood Roof 208 Fixture Bathtub Jetted 1 Appliance Fireplace Single 1 Fixture Toilet 6 Fixture Sink Standard 1 Garage Attached 1176 Appliance Wall Oven 2 Fixture Sink Laundry 1 Appliance Garbage Disposal I Appliance Dishwasher 1 Fixture Shower 3 Fixture Sink Bathroom 7 Porch Open Slab 208 Appliance Microwave with Fan 1 Garage Fin Attached 1176 Rough In Laundry Hook Up 1 Porch Open Slab 548 Current use may not reflect current zoning. Not all parcels are buildable lots. For questions about this information or to make corrections contact the Assessor's office: 200 W. Oak Street Suite 2000 Fort Collins, CO 80521 Mailing address: PO BOX 1190 Fort Collins, CO 80522 (970) 498-7050 http://www.larimer.org/assessor/query/Detail. cfm?PropertyTypeV ar=Residential&Buildi... 12/08/2008 - • • Report Date; 0912312008 09:47AM WELD COUNTY TREASURER STATEMENT OF TAXES DUE SCHEDULE NO: R1375402 ASSESSED TO' SIMMONS TED V & 5208 KEYSTONE CREEK CT FORT COLLINS, CO 80528-8556 LEGAL DESCRIPTION: PT SW4 6-7-67 LOT B AMID REC EXEMPT RE -2 92SITUS: WELD 00000O0000 PARCEL: 070506300052 SITUS TAX YEAR CHARGE TAX AMOUNT INTEREST F S TAX 542.64 10.85 0 2007 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 09/2312008 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2411 - Authority t MITI Levy t 1 Amount WE COUNTY y 16.604 Amoun LOSCHOOLDIST 46,1 J01.26 RE4 1.000 6.53 TOTAL NNOW WATER 0.000 0.00 POUDRE WATER 9.301 80.74 AIMSUJUNVALIOR FIRE 6.308 41.19 WINDSOR JUNIOR COL 3.557 23.23 LIBRARY - 83.099` 542.64 TAXES FOR 2007 • Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE .. ENHOLDER CONACTED PRIOR TO REMITTANCE AFT ER THE RRANT FEES. CHANGES FOLLOWING DATES; PERSONAL PROPERTY AND MOBILEOI II G OCCUR AND THE TREASURER'S OFFICE u `AUGUST 1,8E REAL PROPERTY - AUGUST 1.• TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CAS HERS CHECK. P,O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 553.49 Values AGRICULTURAL Page; 1 PAID TOTAL DUE 0.00 0.00 0.00 MI Ill Assessed 22, 01 6,530 22 ;'91 6,530 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement :IJ of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all prof tuty taxes, special assessments and prior taxes liens currently due and payable connected with I u.: parcel(s) identified therein have beenpaid in full, fr Sign Date 9/Oa,/r�j• 8 I • • • • • Name: North Weld County Water District County Attorney x Health Department _Extension Office Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works Housing Authority _Airport Authority x Building Inspection x Code Compliance Ann _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources Geological Survey _Department of Health _Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) x North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies US Army Corps of Engrs USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest _Greeley Grover Hudson Johnstown Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken New Raymer Northglenn Nunn Pierce Platteville x Severance Thornton Windsor Counties Adams Boulder Broomfield x Larimer Other _School District RE - Central Cob. Water Left Hand Water x Larimer County Canal _Art Elmquist (MUD Area) Case # USR-1680 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 _Pawnee F-22 Platteville F-13 Platte Valley F-14 x Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Commissioner x Ocshner • • • • • tatel WUDc COLORADO Weld County Referral Weld County Planning Department GREELEY OFFICE OCT %G r RECEVED October 20, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant North Weld County Water Case Number USR-1680 District Please Reply By November 20, 2008 Planner Chris Gathman Project A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Legal Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile east of CR 13 and' IA mile south of CR 86. Parcel Number 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency l� c D .SHc 2G i/= Date l%-2 <•Weld County Planning Dept. +918 109' Street, Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970) 304-6498 fax • • • COLORADO Weld County Referral Weld County Planning Department GREELEY OFFICE OCT 24 wins RECEIVED October 20, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number North Weld County Water District November 20, 2008 Case Number USR-1680 Planner Chris Gathman A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Approximately 1/8 mile east of CR 13 and % mile south of CR 86. 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because .54 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Arr c C Sti .--yc 4"/cC 4th Signature Agency 7'6Vt/ z'C �E✓I�(�Ftr✓G/ Date iseAt/7 +Weld County Planning Dept. :•918 10th Street, Greeley, CO. 80631 4•(970) 353-6100 ext.3540 ❖(970) 304-6498 fax 23-OCT-ZOOS 11:36AM FROM- • • T-535 P.002/004 F-883 • WECOLOYDO The Weld County Department of Planning Services has received the following item for review: Weld County Referral October 20, 2008 RECEIVED OCT 222008 Applicant Please Reply By Project Legal Location Parcel Number North Weld County Water Case Number USR-1680 District November 20, 2008 A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Lot B of AMRE-2992; located In SW4 of Section 6, TIN, R67W of the 6th P.M., Weld County, Colorado. Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. Planner Chris Gathman 0705 08 300052 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 Services. examine or obtain this additional information, please call the Department of Planning You will be notified In writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/ does not comply with our Comprehensive Plan. because We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature Agency 5 c9 6( 44 Co Date /0 - a3-dR" °Weld County Planning Dept 4918 10'" Street, Greeley, CO. 80631 O(970) 353-6100 ext3540 9(970) 304.6495 tax • • • S • • COLORADO Weld County Referral 0CT 2 3 2008 October 204 11: I Pi unty Planning Departmen GREELEY OFFICE DEC 017008 RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant North Weld County Water Case Number USR-1680 District Please Reply By November 20, 2008 Planner Chris Gathman Project A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Legal Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile east of CR 13 and'/ mile south of CR 86. Parcel Number 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because 7/We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Date •:•Weld County Planning Dept. 4.918 10'h Street, Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 4(970) 304-6498 fax COLORADO MEMORANDUM TO: Chris Gathman, Planning Services DATE: November 25, 2008 FROM: David Snyder, E.I., CFM, Public Works SUBJECT: USR-1680, North Weld County Water District The Weld County Public Works Department has reviewed this proposal. 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. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS AND REQUIREMENTS: CR13 is under the maintenance and jurisdiction of Larimer County. Access: Access shall line up with access point across CR 13 just to the north. The internal road(s) shall enter onto CR 13 at a 90° angle, for a minimum of one vehicle length to provide adequate sight distance in both directions. Internal road shall be at same height as existing roadway to provide adequate site distance. The applicant shall indicate specifically on the plat the type of right-of-way/easement that exists on the friperty. Storm Water Drainage: Drainage report needs to be stamped and signed by a PE licensed to practice in the State of Colorado. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. Please put the following statement on the final plat: "Weld County will not maintain drainage related areas." 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. pc: USR-1680 The applicant shall address the comments listed above for this review process '60,,..,. ar r z t };,,y tiro C/patch R'3* ' Issues of concern must be resolved with the Public Works Department prior to recording. M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1680 North Weld County Water District\USR-1680. DOC • • • • • Road File #: RE # : 0705-06-3 2AMRE 2992 Other Case #: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Date: 1. Applicant Name Jamie M. and Ted V. Simmons Phone Address 5208 Keystone Creek Court City Fort Collins State CO Zip 80528 2. Address or Location of Access Lot B Amended RE 2992 Section 6 Township 7 Range 67- Subdivision Block Lot Weld County Road #: 13 Side of Road E Distance from nearest intersection 2200' +/- 3. Is there an existing access to the property? Yes X No 4. Proposed Use: f l Permanent R Residential/Agricultural Q Temporary ❑ Subdivision # of Accesses 1 ❑ Industrial Commercial I3 Other Public Water Storage Facility, Pending USR ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House = Shed 46, = Proposed Access = Existing Access *********************************** ************ OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date _ Drainage Requirement Culvert Special Conditions Accidents Date Size Length Appr Reviewed By: Q Installation Authorized O Information Insufficient Title: • • • • fitt:r4 1111k. COLORADO MEMORANDUM Weld County Planning Departmf GREELEY OFFICE '' ;flop TO: CHRIS GATHMAN, PLANNING SERVICES A` q " t " VED FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH TIOi SUBJECT:USR-1680 NORTH WELD COUNTY WATER DISTRICT DATE: 11/21/2008 Environmental Health Services has reviewed this proposal for two 5 million gallon water storage tanks and associated appurtenances. The application indicates that a water truck will be brought in to control on site dust during construction, as necessary. There will be no full time employees at the site so potable water and an individual sewage disposal system are not required. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. • • • • • • 6. Adequate toilet facilities (portable toilets) shall be provided during the construction of the facility. 7. Bottled water shall be utilized for drinking and hand washing during construction of the project. 8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 9. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. s (f\ hiDe • COLORADO Weld County Referral October 20, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number North Weld County Water Case Number USR-1680 District November 20, 2008 Planner Chris Gathman A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. Cl We have reviewed the request and find that it does / does not comply with our Comprehensive Plan 2zrecause We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: CAL C7 it Jilt/14) /lh a-1-16-17.3 Loise,I jumt Oc- nhlit / 1 id n�cl. Signature Agency JAI eia( J /'/l (2Q Date 2/-/�8- ❖Weld County Planning Dept. ❖918 10'" Street, Greeley, CO. 80631 •(970) 353-6100 ext.3540 ❖(970) 304-6498 fax • • • • • ierrn Wi�YG COLORADO Weld County Referral October 20, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number North Weld County Water Case Number USR-1680 District November 20, 2008 Planner Chris Gathman A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. .WSee attached letter. Comments: Signature Agency ,74-4recri;en4 5 - Date // — d'lr c7oo$ ❖Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970) 304-6498 fax • At COLORADO • • Applicant: North Weld County Water District. Case Number: USR-1680 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 918 10th St Greeley CO 80631 Phone (970) 353- 6100 Ext 3575 WEBSITE: www.co.weld.co.us Project: A Site Specific Development Plan and a Special Review Public Utility or Public Agency (two 5 million gallon water (Agricultural) Zone District Legal: Lot B of AmRE-2992; located inSW4 of Section 6, T7N, County, Colorado. November 25, 2008 Permit for a major Facility Of storage tanks) in the A R67W of the 6th P.M., Weld Location: Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. Parcel Number: 0705 06 300052 There are two permits on record for this parcel; BCN-070101 & BCR07-01634 are both final. Prior to the start of any construction, alterations, or change of occupancy; 1 A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review shall be approved and a permit must be issued prior to the start of construction 3 Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter from the Fire District to ascertain if a FPD permit is required. Sincerely Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality • TO: FROM: RE: DATE: CC: 'O Poudre Fire Chris Gathman, Planner Word County Planning Department GREELEY OFFICE Authority/ hi. '5' 10R RED; 171ED Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone 970.416.2869 North Weld County Water District Development Plan/Site Review for Water Storage Tanks (USR-168o) fix? Nov.19, 2008 Jamie and Ted Simmons In accordance with the 97 LCLUC 8.1.4c, Other Standards, the Poudre Fire Authority will enforce the 1997 Uniform Fire Code along with its accompanying local ordinances as follows: Poudre Fire Authority has no comments or concerns at this time. • • • • 1"�""" 'x'11 COLORADO • Weld County Referral October 20, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant North Weld County Water Case Number USR-1680 District Please Reply By November 20, 2008 Project Legal Location Parcel Number Planner Chris Gathman A Site Specific Development Plan and a Special Review Permit for a major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) in the A (Agricultural) Zone District. Lot B of AMRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Approximately 1/8 mile east of CR 13 and'/ mile south of CR 86. 0705 06 300052 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency •'+Weld County Planning Dept. +918 10'h Street, Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970) 304-6498 fax • • THE WATER SUPPLY AND STORAGE COMPANY • • • P.O. BOX 1584 2319 E. Mulberry Street FORT COLLINS, COLORADO 80522-1584 November 19, 2009 TRANSMITTED BY FAX AND U.S. MAIL Chris Gathman Weld County Planning Dept. 918 10th Street Greeley, Colorado 80631 Re: Case USR-1680, North Weld County Water District Weld County Planning Department GREELEY OFFICE DEC n 17nfA RECEIVED We have concerns about the construction of the water tanks and other properties on the Larimer County Canal, including the proposed crossing, the modification of the terrain and the resulting impact on surface drainage, the installation of water lines along the ditch bank and so on. We have proposed a meeting with Don Posselt next week when our engineer is available to review the plans and ask questions. It may be that we will request more information or even modifications to the design to protect the ditch. At a minimum, the proposed crossing will have to be reviewed in detail, including construction details, to ensure its installation will not endanger the long term integrity of the ditch itself. • • • Please contact me at your convenience if you have questions. Please also keep us informed as to future action by the Planning Department or Commissioners on this matter. Sincerely, Dennis J. Harmon General Manager • • IIID North Weld County Wrter District :es' III11181o"111 :�qpa�o.cddd /� . o -` i ' •~r I �`�, / I ♦'Y S. 411- /I ‘4 • T` eas for Tank Siti , :isting 16" & 18" stribution Mains { yam,,.'"t. • x.. 1 L --.) .✓/y Pi`i I { � /-'_ •\ • --i -../7 rr - �i s le,J4-1 , n 1 / � •. t ' I .. 2. 1 ` Tank Sit ) i `! ' fit, • dz."� ly Area For '1 ' N i,s•I, r r • '� , • ter, > / y �/ to -Y (o C ci 0 ci � % l (/) t 1fa f�7 �` L 1 l'- - •.y - - Existing Sto (6.5 Million "L. IT: •►.:. _ y ;, SI. 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VE vc 9OP $ aCO rzcc 131415q !l11VM A1Nf10w 0r3M H1HON kiaJ 0891-MSf 'M31A38 1YI33dS AB 3Sfl 0 4S.0)-�.►sC) I 2 Y R A !'i 0 . • •-1 if S i I3 z it if 4f is i; II O©000a®o 119IHX3 • • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Amended Recorded Exemption No. 0705-06-3-AmRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1436076 Book 514 Reception No. 1792398 Book 870 Reception No. 1796607 Book 875 Reception No. 1876051 Book 954 Reception No. 1890102 Book 966 Reception No. 2103993 Book 1160 Reception No. 2151627 Book 1205 Reception No. 2153441 Book 1207 Reception No. 2294902 Book 1342 Reception No. 2912986 Book Reception No. 3422309 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, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 12th day of May, 2008, at 7:00 am., and updated to June 17, 2008 at 7:00 a.m., and updated to September 10, 2008 at 7:00 a.m. Order No. 52-0004150 By Lawyers Title Insurance Corporation Wanda L. Calhoon Authorized Signature • • • N • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Amended Recorded Exemption No. 0705-06-3-AmRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1436076 Book 514 Reception No. 1792398 Book 870 Reception No. 1796607 Book 875 Reception No. 1876051 Book 954 Reception No. 1890102 Book 966 Reception No. 2103993 Book 1160 Reception No. 2151627 Book 1205 Reception No. 2153441 Book 1207 Reception No. 2294902 Book 1342 Reception No. 2912986 Book Reception No. 3422309 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, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 12th day of May, 2008, at 7:00 am. Order No. 52-0004150 By Lawyers Title Insurance Corporation Authorized Signature t 51 Olt Recorded at/l ' oO o'•' ( MAY 13 Reception No.__.. 1 436076 A '' Recorder • IBS D®; Made this 8th day of in the year of oat Lard one thousand nine hundred and between ELVERA E. NORMAN May, sixty-four of the County of Larimer and State of Colorado, of the first part, and RRCORDIiRS STikP 0414 1 •11.\I,lflt `i,u u..r,,, • Lrr:nu JAKE WINICK and MARY WINICK of the County of Larimer and State of Colorado, of the second part: WITNESSETii, that the said part of the tint part, for and in Consideration of the sum of Ten Dollars and other valuable consideration DOLLARS, to the maid part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Weld - and State of Colorado, to -wit: The South West Quarter (SW 1/4) of Section Six (6) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M., together with one-half (1/2) share of the capital stock of The Water Supply and Storage Company, Fifty (50) shares of the capital stock of the North Poudre Irrigation Company and Fifty (50) shares of the capital stock of Cactus Hill Ditch Company; First party hereby excepts and reserves unto herself one-half (1/2) of all oil, gas, and other minerals lying in, upon or under said real property; TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profit. thereof; and ail the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hcreditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and as3igns forever. And the said party of the first part, for he reef f her heirs, executors, and administrators do es covenant. grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ennealing and delivery of these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has rood right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs 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 heat part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha s bereunto Oct her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of (SEAL) �..__... (SEAL) — (SEAL] STATE OF COLORADO, j Conn Larimer 1}u •'• 91FFfy'ay 'p'`'.,'i'1ie> s'e® ptreat was aelmowlediNd before tae this a4g'64IFA? �A ERA E. NORMAN. f s y� $tree March 17, 19 6 Witness sty ha? and official se■L "uDly? r , r 0F..'G,.U,,, �•� 7�J day of May1 No. 921. wooiworr LINED. —T. Joist T®erateatont.Soem.ee Prattling Co, year, leer-ae Stoat Sheet. Denier. t.... 4 elf by natural person or persons here tesert name or es: If by person noting In rapreaeatatIvo or official panty or as attorney -In -tact, then nneatt man tame of person as executor, attorney -In -fact or otter eapaotty oa deeeelptl: If by obligee of Doman ttea insert name of such oftlner or articars as the president or other officers of *nob corporation. naming tt—atotsio' . dokno,afedp,nsaf, Sec. 119-6-1 Colorado Reetsed Statutes 1963. yry(] E d.d t—_��rrra pVodo k JUN 4197T9 N 8(la' R pt ho. I'12�J3 Recorder. old-Cvvnly,Lalomdo-�� ' Tms DEEP, Made this May 30 .i979 between MARY WINICK of the County of Larimer and State of Colorado. of the first part. and KENNETH J. WINICK, an undivided one-half inter ALLAN E. WINICK, an undivided one-fourth inter Stale Documentary Fee JUN 4 1979 Dole s L S:no st; st; and T W trCS,t. n nr� vi d o e- ourth 1ntt2e Hi; rn of he W�ld ��D County of oaf LWel �rt �olff and ntatebf tlU,G4 A/.r /5;04 ri Colorado. of the aernml pare 1 II 0 WITNESSETR. That the said part y ofthe first part, for and inconsideration of ! TEN DOLLARS and other valuable considerations DOLLARS Ell e to the said part y of the first martin hand paid by said part ies of the second part, the receipt whereof is t. hereby confessed and acknowledged, ha granted. hargained, sold and conveyed. and by ttlifi figaenta does m t, beira and assigns for- 0 O gran bargain. welt, convey taut mnflrm, aorta the said parties of the second part, s gas o ever, all the following described let or parcel of land, situate. lying and being in the 0 County oWeld and State of Colorado. to w4 !1 0 c. The SW: of Section 6, Township 7 North, Range 67 West of the 6th P.M1; EXCEPT the following: Strips of land as conveyed by Quit Claim Deeds rn I recorded in Book 250, Pages 46 and 367; Right-of-way as conveyed by ! rat Quit Claim Deed recorded in Book 323, Page 472; Rights -of -way as con- p ai veyed by instruments recorded in Book 1075. Page 9:and Book 1647, ^' ---_-,---4 s gr-nt7' ainstrument recoree- in Book 1307, Page 572, Weld County Records.- -INCLUDING all water and water rights ditchand ditch rights, reset-. voir and reservoir rights appurtenan j to said prope t , including, but not being 1rsited to 50 shares o f The Nor t[1 ago re Irrigations Company stock, 50 Rights under the Cactus Hi! Ditc Company. - I� amo known s street and number TOGETHER with all and singular the h. reditau,enta and appurtenances thereto belonging, or in anywise appen coining. and the reversion and reversions, remainder and remain,lers_ rents. issues and profits thereof, and all the estate. right_ title. interest. rlairs and demand whatsoever of the said part y et the first part, either in law or • equity, of_ in and to the above bargained premises. with the hereditament, and appurtenances. TO HAVE AND TO 1101.0 the sai,itylgsee shove bargained and described with the appurtenances, unto the - said part iesofA_ cond part. nein m.f assigns forever. And the said part y of the first part, for her self, errs. executors. and pd aini_trators. doe 5 covenant, grant, bargain. and agree to and ''. with the said part ins of the Second part. Lll P. l heirs and assigns, that at the time of the enaeatang and delivery oftloese presents, she is well seized of the premises above conveyed. as of good, sure, perfect, absoluteand indefeasibleestateof inherit anee_ in law. in fee simple, and has good right. full power and authority to grant. bargain. sell anl tunny the same in manner and form as aforesaid. and that the same are free and clear from all former and of her grants. bargains. sales. liens. taxes. assessments and encumbrances of whatever kind of nithinsver. Subject to 1979 general taxes, due and payable in 1980; and subject to restrictions, reservations, easements, and rights -of- tray of record, or in place, if any; • • and the above bargained premise, quiet and peaceable l.'assessson of the said part ies of the second part, • their heirs and assigns againra no tutu every person or persons 'au fully claiming ortoclaim the whole or any part mod thereof. theod part ies eft be first pars shall and will WARRANT AND FOREVER DEFEND. IS WITNESS WHEREOF.: by two party ofthe first part ha s hereunto set her hand and seal the day and year hrst aline written. (SEAL) Phi DST STATE OF COLORADO. ss County or Larimer The m foregoing instrument was ackntedged bete: a me this 9. 19,7,.. mv by Mary Winick. )lay eamhµasion expires - . all n\NCrn (SEAL) (SEAL) 30th day of May 19 . W itnesa,my hand and official seal • No.932. %ARR.ANT% %WED —Foe Fhetaeta phi'Retort.-'D tail Rradroed',ht,.his,Cos 19Aa Stout Street.Dearer Colorado lafL5aln-555 BOOK ea il 875 Recvn. 1 itscs`d k"K JUL' 1 1979 Weld Coucucov,, R , (� - — Weld County, C -0 10:8(1c THISDEEf4Madet,,:s dayof `rs_"L- 1579 effective as of May 30. 1979x' between KENNETH J. WINICK ROBERT L. WINICo Cmmtyof t.a ri mgr "^- r`. A.R.K. LAND d CATTLE COMPANY, a Coloreds General c) Partnership. 41132 reld County Rd. 13, For-CC9dion' t, O of the .. :a-, ides. t'oierado..'i tit, wirrni! .._. NITNESSETH_ Tito -- TEN DOLLARS and other valuable con s.dere:ion: to the said perry iEe o greet. bargain..i. .: .,.•r. O all t fn ne•l - .a ei o evernCouWeld .. ..: The)SW'y of Section 6.Township 7 North, Range 67 West of the 6th P.M.; EXCEPT the following: Strips or land as conveyed by Quit Claim Deeds ;11a recorded in Book 256, Pages 46 and 3ti.: Right -of -'day as conveyed by Quit _ Claim Deed recorded In Book 323, Pave - _; Rights -of -way as conveyed oy .,r instruments recorded in Book 10,5, Page • 2)9. and Book 1647. Page 24; Easement as granted by instrument recorded in Book 1307, Page 372, Weld County Records. INCLUDING all water and water rights. ditch and di=sh rights, reservoir and reservoir rights appurtenant to salt, _rlporty, including, but notbeing limited to 50 shares or The North Pouc•-e irr_eatica Company stock, 50 Rights under the Cactus Hill Ditch Company. • esn are DOLLARS It .hereof rs tor - also known as street :ma hum be r TOGETHER uwnn alt and',inanw s.alier taininF and the reversion:,niter. estate. right.title. interest. J.u.ten. -era..... l nn, part tot her law or equity, en in and to the ghee, ExrFr.n„i °reg,.,-. <n:.: TO HAVE AND TO HOLD the so. i or to ,. , ..,nth the said parr ies of the segonti'_thit,,,..;;;,; 1.e Nu.: part, for herself, h6rr..,tee.'r I.t .. es t. rert and agree to anti WIT themod ties rthe,etr., ne=rl. r yr ,... n:- J ru.«:d ,¢an i ,Wsery Ira :ndefeaslbleesiateef:nhern:otr,-.rv..n.-n.,. mph,.u. V.15 t', i.It,., .ally rr.md authority from all `nrnrer and ot1 e roe', ,. ci .. -..- . .ledeo inhipm,,oftehateverkmder naturesne.er. Subject to 1979 general taxes, due and payable in 1980; and subject to restrictions, reservations, easements, and rights -of -way of record, or in place, if any; subject co deed of trust recorded at Book 870, Reception No. 1792398 of the held County, Colorado, records which the grantee assumes and agrees to pay; and he agree burg:good prelhiee,n:.r an,' e... of the.eeutn parti lens and a,rgntata- t oil on ei' }le.. r vin mil.irk0 b.ne, toeauhole or antpart thereof, the said part tIC,,. Hint ',tr:=rah and wilt tcAtnl:ANT AND FOREVER DEFEND. IN WITNESSWIIF.REOFt .oald pg. .., ,n. ..rat pan ha r.e:: only ,et hand and sea: the dap and year ,bat Oho.. n III ten STATE OF COLORADO. It' 'en c- cf- �'y • k 'Robert L. Winick County nt' l., _! 7' ' i The foregoinginnrument to . at knaw-Iedged beforer. 79 .la Kenneth J. Winick. Allan E. Winick & tfyeonrml=lion ex pi re, fA/,1. , y e.frs September 18, 1980 [ij)DC. AREAL' day m 1 �-- Robert L. Winick er-so -a7e a m.0 Pun,v 0 ' 0 S d • ROOK 954 Recorded at P k .9 DEC 2 '981 -a."76 d tic Recension No.Pock 7yn. 4.,r • corder We (Mitt Colorado THIS DEED, Made this f t rst day of December , 19 81 , between A. R. K. LAND & CATTLE COMPANY of the County of weld and State of -Colorado, of the first part, and HAL E. NOELKE whose legal address is 7_H Ranch, P.O. Box 529 Mertzon, Texas 76941 ofthe County of Lar i mer and State of Colorado, of the second part - • 1 Slate Documentar2 Pee Opole 3EC 2 1581 t o 4,2 ,„? e, i O (( 61TNESSCTH, That is stun p.. P of tnc first part. for and inconsideration of Six Hundred, Twenty- 0 TWO Thousand and no/100 ($622,000.00) ----DOLLARS to the said party of the first par: in hand paid by said party of the second part the receipt whereof is rt hereby confessed and acknowledged. na.3 eranoed.bargained, sold and conveyea, and by these presents do CS grant, bargain, sell, covey and confirm. Arlo the said party of the second partti IS heirs and assigns for- ever. all the followingdesenbed bit or carrel of land, situate. lying and being in the Oc County of Weld and S,... of rob -ado, to wit: (See Exhibit "A" al.taritad hereto. and mode a part hereof.) also known as street and number TOGETHER with all and singular the nere.lttaments snit appuoerance, tl hereto, belonging, nr in anywise tipper. taming. and the reversion ml reversions. remainder and rents; nrirl v. rents. issues s and profits thereof, and all the estate, right, title, interest. claim and demand whatsoever o';part y of the first part, either in law ar equity. of. in and to the abase, bargained premise-. with the herr-C Aamen:5 and appurtenances. TO HAVE AND TO HOLD the said premises a.. n, nargamed an,! d eve,, heel with the appurtenances. unto ,he raid party of 8rr Ss- and part, h t S heirs and assigns fore, er And the said party of the first pai t. for i Pad f . *ens. eve, titers. an.l ado: coati::,.•_, de OS roseaant, grant. bargain, and agree to and with the said party of the second part, his nett, and assigns, that at the time of the ensealing and delivery of these presents. i 1: Is welt ei zed of t he premises aline.. CO veyed, as of good, sure. perfect. absolute and indefeasibleestate of inheritance. i ...w„nIce simple. and ha S good right, full power and authority to grant. bargain seii and votive, i he some sit wanner and tore as eiare•a,d, and that the same are free and clear from all former and other grants. !argams, sales. dims. taxes, assessments and encumbrances of whatever kind of nature sieve!' , Subject however I.o easement:s, restricts ohs, orotect i ye covenants and rights of '.;ay, building and zoning regulations of record, or in Dl ace, if ary and subject to Deed of Trust for the use of Mary Winick, recorded June 4, 1979 in Book 870, Rece'ntion No. 1792399 of :.he weld County, Colorado records, which Grantor herein agrees to pay according to the terms of said Note and Deed of Trust and the above bargained premises in the poet and peaceable possession of the said part of the second part. his heirs and assigns againstall and ever.lwrsa•. or persons lawfully claiming -or to claim the wholenr any part t hereof, t he said part y ,tithe first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS W It KR EO F.: esaidi i:::c: y of the first part ha s hereunto set ii: Shand andeeal the this and Year nrstah"rewrrten A,R,K. LAND & CATTLE COMPANY jBYr% fold,' 'L ltnc (SEA' All ✓p(((tp E W`ln tck i BY /.'t�* s( *SEAL, Robert L Winic » BY s if' -ea -sf -sCe. <<:?it JSEAL. STATE OF eOLORADO 1 Kenneth J. :^i42, [lc C:un`c of uarimer The foregoing,snram.n: was ark, .wiedged b who no::. ,v first day of December 19 81 .hs AllAn E. Winick, Robert. L. Winick and Kenneth J. Winick...-"-'-, yl.commission apir .lv Witness myha d and r:rlal seal late(sea.. Puhl� w,. Na. 412 WARRANTY DEED. Foe Paeimaot a Retos- ,.... • BCOK_9.4 RECEPTION 1S76051 EXHIBIT "A" Attached to Deed of Trust by and 5et:we. n HIAL E. NOELKE and A. P. K. Land 6 Cattle Company, dated December 1st., 1981. JThe Southwest quarter of Section 5, Township 7 North, Range 67 west of the 6th P.M.. EXCEPT the following: Strips of land as conveyed by Oust Claim Deeds recorded in Book 253, Pages 46 and 367; Hight of way as conveyed by Quit. Claim Deed recorded in Rook 323, Page 472; Rights of way as conveyed by instruments recorded in Book 1075, Page 259, and Book 1647, Page 24; Easement as granted by instrument recorded in Book 1507, Page 572, We l d County Records. - Together with all dil'n and weer rights appertaining to said premises, ineiudinq fifty (50) shares of they capital stock of the North Pouore Irrigation Company and fifty (50) shares of t. -.a capital stock of Cact• ..s Hill Lateral Ditch Compare". Together with all oil. gas and in'-rul rights owned by Sellers herein. • B 1160 RE 103993 06/18/87 10:33 015.00. 1/005 F 1380 MAR N FEUERSTEIN CLERK & RECORDER WE CO, CO AR2103993 WARRANTY DEED THIS DEED made this 8th day of June, 1987, between OVERLOOK FARM INC., A CORPORATION, whose address is c/o GT Land, 3555 Stanford Road, Suite 100 Stanford Plaza, Fort Collins, Colorado 80525, hereinafter referred to as the "Grantor", and INTERSTATE LANDS, LTD., A COLORADO LIMITED PARTNERSHIP, whose address is c/o E. E. Mitchell & Co., *1 Old Town Square, Suite 200, Fort Collins, Colorado 80524, hereinafter referred to as the "Grantee", W I T N E S S E T H: The Grantor, for and in consideration of the sum of other good and valuable consideration and Ten and no/100s Dollars ($10.00) to the Grantor in hand paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presences does hereby grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, forever, all of the real property situate in the County of Weld, State of Colorado, and more particularly described as follows, to -wit: TRACTS A-1: A-2, 13 and C as described on Exhibit "A" attached hereto and incorporated herein by this reference. TOGETHER with all, and singular, the hereditamenta and appurtenance thereto belonging, or in any wise appertaining, and the revision and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in, and to the above bargained promises, with the hereditament© and appurtenances. '1'U HAVE AND TO HOLD the said premises hereinabove bargained and described with the appurtenances unto the Grantee, its successors and aneigne forever. and the Grantor, for itself, its successors, and assigns, does covenant, grant, bargain and agree to and with the Grantee, its succeessor.a, and assigns, that at the time of the unsealing and delivery of thee' presents, it is well seized of the praminen above conveyed; has good, sure, perfect, absolute and indefeasible estate in law, in fee simple: and has good right, full power, and full authority to grant, bargain, sell and convey the same in manner and form as aforesaid: and that, except as hereinafter provided, the same are free from all farmer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soevet<; and the Grantor does hereby warrant the title to the same, subject to the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 'faxes due and payable and any tax, special ,csesaments, charge or lien imposed for water or sewer 3,•rvice, c.r for any other special taxing district. 4. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 4, 1908 in Book 132 at Page 197 (SW 1/4 June 7, 1967). 5. Easement and right of way for telephone lines granted to American Telephone and Tulegrzq h Company by Olaf U. Norman and llvern Norman in the instrument recorded IIIIURN TO: Wood, Herzog Osborn 8 Bloom, P.C. P.O. Box 2003, i'ort. Collins, CO 805?2 • It 1160 REC 02103993 06/10/87 10:33 515.00 2/005 F 1381 MANY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO eebrudry 27, 1941 in Book 1075 Page 259 in which the specific location is not defined. (SW 1/4 6-7-67) +�. Easement and right of way for an electric transmission line granted to United States of America, by Olaf 0. Norman, in the instrument recorded July 24, 1951 in Book 1307 Page 572, affecting the following described property: Beginning at a point on the West line of Said N 1/2 SW 1/4, Section 6, being 59 feet South of the West quarter corner of said Section 6; thence South 89'24' Eaat a distance of 813.4 feet; thence South 59'34' Fast a distance of 1865.6 feet, more or }Jean to a point on the East tine of said N 1/2 SW 1/4, being 1.592 feet North of the South quarter corner of paid Section 6. 7. Eanement and right of way for a pipe line granted to SLncleir Pine Line Company, by Jake Winick, Mary W1tilek and t lvere E. Norman, in the instrument recorded May 17, 1963, in Book 1647 Page 24, in which the kepeclfie iocntioe is not defined. (SW 1/4 6-7-67) ft. Undivided 1/2 interact of all oil, gas and other ►ninarrita nc reserved by Elvers E. Norman in the Deed to Joky Winick and fiery Winick recorded May 13, 1964, in Rook 514 at Retception No. 1436076, and any interests therein or rights thereunder. (SW 1/4 657-67) 9. tlea+:rvat ions of (1) right of proprietor of any penetrating vein or lode to extract hie ore: and (2) ri'.tht of way for any ditche4 or canals constructed by authority of United States, in U.S. Patent recorded feptemtrsr 10, 1910, in Rook 131 Page 394. (SE 1/4 6-7-67) 10. Easement and right of way for an electric transmission tine urented to United States of America by Jake Winick and Mary Winick, In the instrument recorded ,tu1y 31, 1951,, in Bucak 1308 Page 188, covering the following dessot' flied property: Beginning at a point on the West line of natal SE 1/4 Section 6, being 1502 feet North of the A 1/4 cor-mr of said Section 6; thence South 59'34' East a distance of 2702 feet, more or lean, to a point on the South line of said SE 1/4, being 117.3 feet West of the Soo theast corner of said ea-. t ion 6. 11. undivided 1/2 interest in all oil, gas and other minernle, as reserved by Jake Winick and Mary Winick in the need to Terry 0. Horn and Sharon L. Horn, recorded March 11, 1964, in Rook 509 at Reception No. 1431155, and any Interests therein or rights thereunder. (SC 1/4 6-7-67) 12. All oil, aas, minerals and mineral rights not heretofore reserved, as contained in need from Terry n. Horn and Sharon L. Horn, in Deed to Kenneth J. Winick, .And Dorothy H. Winick, recorded July 12, 1966, in nook 571 ,at Reception No. 1492712, and any interests therein or rights thereunder. (SE 1/4 6-7-67) 13. Reservation of 3/loths interest in the concrete ditch running along the East boundary as contained in Deed from Terry 0. Horn and Sharon L. Horn to Kenneth J. Winick and Dorothy E. Winick, recorded July 12, 3.966, in Book 571 at Reception No. 1492712. (SE 1/4 6-7-67) B 1160 REC 02.93 06/18/87 10:33 415.00 3 005 F 1382 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 14. Reservations made by the Union Pacific Railroad Company in deed recorded October 18, 1887, in Book 69 Page 506, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (NE 1/4 7-7-67) 15. Easement and right of way for ditch granted to Water Supply and Storage Company in instrument recorded September 3, 1892, in Book 76 at Page 512, in which the specific location is not defined. (NE 1/4 7-7-67) 16. Easement granted to Poudre Valley Rural Electric Aseociation by F. P. Rudolph & Son in the instrument recorded November 21, 1974 in Book 1625 at Page 857. (Affects NW 1/4 of Section 16) 17. Easement and right of way granted to The United States of America by Fred Coutte in the instrument recorded August 2, 1951 in Book 1308 Page 222, affecting the following described property: Beginning at a point on the North line of said E 1/2 NE 1/4 Section 7, being 117.3 feet West of the Northeast corner of said Section 7; thence South 59'34' East a distance of 74.7 feet; thence South 89'51' East a distance of 52.3 feet, more or Less, to a point on the East line of sanid E 1/2 NE 1/4, Section 7, being 44.8 feet South of tb N .theast corner of said Section 7; thence continuing South 89'51' East a distance of 2634 feet, more or less, to a point on the East line of said N 1/2 NW 1/4, Section 8, being 37 feet South of the North 1/4 corner of said Section 8. In. Reservation as contained in Osed from Ralph T. Godley and Shirley S. Godley to Kenneth J. Winick and Dorothy E. Winick, recorded June 20, 1975 in Book 741 (IL Reception No. 1663350, as► follows: Sellers reserve the right of ingress and egress to use and maintain that certain ditch running through the above described premises which supplies North Poudre Water for both the Buyers on the above described premises and/or the Sellers on the adjacent land which they are retaining. Parties further agree that with respect to said ditch, Buyers shall have the right of use 60% of the time and Selte►rs 40% of the time (NE 1/4 7.7-67) 19. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, anti any facto which a correct survey and inspection of the premises would disclose and which are not shown by the public records. The Grantor, fo.- itself, its successors and assigns, does covenant and agree to and with the Grantee, its successors and aeuigns, that the Grantee, its successors and assigns, shall and may lawfully, and ,at all times hereinafter, peacefully and quietly have, occupy, possess and enjoy said premises hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of the Grantor, its successors and assigns, or any other person or persons whomsoever, by or with their consent, privity, or procurement. Z • B 1160 REC 02103993 06/18/87 10:33 ,x'15.00 /005 F 1383 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO • • IN WITNESS WHEREOF the Grantor has executed this Warranty Deed on the day and year first above written. B Secretary STATE OF COLORADO) ) es COUNTY OF LARIMER) OVERLOOK FARM INC., A CORPORATION The foregoing instrument was acknowledged before me this 8th day of June, 1987, by Michael S. Byrne as President, and Roberta Martin as Secretary of Overlook Farm Inc., a Corporation. WITNESS my hand and official seal. My Commission Expires: /0-//-A'? .4 Notary Pubi c BIT "A" • B 1160 REC 02103993 06/18/87 10:33 *15.00 5/005 F 1384 MARY ANN FEUERSTEIN CLERK & RECORDLR WELD CO, CO TRACT "A-1" IDA tract of land situate in the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the Sixth P.M., Weld County, Colorado which considering the West line of the said Southwest 1/4 as bearing N 00' 30' 12" N and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the West 1/4 corner of said Section 6 and run thence N 87' 14' E 2423.84 fest to the center 1/4 corner of said Section 6; thence S.00' 27' 30!' E 1711.43 feet along the East line of the said Southwest 1/4 to a point on this Northerly line of the taster Supply and Storage Company Ditch; thence aiaaqq said•Northerly lies M 68' 33' 56' N 118.10 feet, and again M 76' 13' 55" W 408.58 feet, end 'gels N 77' 69' 56" W 507.60 feet, and again M 69 30' 30" W 148.02 feet, eed •gain M 56 24' 40" M 137.73 feet, and again M 49' 13' 18" W 254µ feet. and again M 46' 66' 56" W 1;335.06 feet to • a petit a the West lino of die said Southwest 1/4; thesep'M Or 30' 12" V 103.74 feet to the point of beginning, containing 62.3166 acres more or lees. TRACT 'A-2" A tract of land situate in the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the Sixth ►A., Weld County. Colorado which considering the West line of the said Southwest 1/4 as bearing M 00' 30' 12" V and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a poin on the West line of the said Southwest 1/4 which beers S 00' 30' 12" E 244.12 feet free the West 1/4 corner of said Section 6 and run thence along the Southerly line of the Niter Supply and Storage Company Ditch, S 45' 55' 55" E 1242.42 feet, and again 5 49' 13' 17" E 293.99 feet, and again S 56' 24' 40" E 155.49 feet, and again S 69' 3D' 30" E 166.93 feet, and again S 77' 59' 55" E 513.49 feet, and again S 76' 13' 55" E 400.34 feet. wed again S 68' 33' 55" E 151.69 foot to a point On the East line of the said Southwest 1/4; thence alai. said East line S 00' 271 3D" E 775.69 feet to the South 1/4 corner of said Section 61 thence S 86' 06' 519" W 2424,12 feet to the Southwest corner of said Section 61 thence M 00' 30' 12" M 2400.97 feet to the point of beinning, containing 76.6395 acres more or less and being subject to a right-of-way for County Reads over the West and South 30 feet thereof. iRvC1 It a tract of land situate in the Southeast 1/4 of Section 6, Township 7 North, Range 67 West of the Sixth ►.N., Veld County Colorado which considering the East line of the said Southeast 1/4 44 bearing North and with all bearings contained herein relative thereto is contained within the bounds lines which begin at a point on the said last line which bears North 410.00 feet from the Southeast feet to a point ontion 6 and the North line n ofnthee NSaid 2Southea t 1//4;.67 t1hencefeet; p° 03'nce N60'°E11403.36 feet t70 o the East 1/4 corner of said Section 6; thence South 2147.98 feet to the point of beginning containing 73.8187 acres more or leis and being subject to rights of way as conveyed by deeds recorded 1n Book 750 et page 47 and in Book 258 at page 214 of the Weld County Clerk and Recorder's office end except a parcel of land as conveyed by deed recorded in Book 273 at page 330 of the weld County Clerk end Recorder's office. TRACT Cs A tract of lend situaa in the Northeast 1/4 of Section 7, Township 7 North, Range 67 West of the Sixth P.N., Veld County, Colorado which considering the test line of the said Northeast 1/4 45 bearing S 0D' 16' 36° E end with all bearings contained herein relative thereto is contained within the boundary lines which begin et the Northeast corner of said Section 7 and run thence 5 00° 16° 36' E 2517,18 feet along the said East line to a point on the tenter line of the Water Supply and Storage Coopany ditch; thence along said center line N 77' 34° 55' N 630.00 feet; and again N 70° 16' SO" M 133.70 feat; and again N 63° 44' 20" M 176.20 feet; and again N $4° 13' 40" M 136,57 feet; and again N 45" 34' 45' M 139.87 feet; and again N 33" 16 3g" M 164.93 feet; and again M 22' l8' 35" M 218.20 feet; and again M 15" 18' 25° N 307.73 feet; and again N 21" 63' M 228.63 feet; end again N 33" 34' so' w 174.59 feet; and again N 39' 42' 58' M 328.46 feats and again N 31" 04' w 195.82 feet; and again N 11' 19' 20" M 187.43 feet; and again N 04" 44' 25" E 192.36 feet; and again N 10' 50' E 99.22 feet to 4 point on the North line of the said Mortheaet 1/4s thence N RP 06' +0' t 16.89 feet along the said North line; thence $ 04" 53' N 187.19 feet; thence N 86' 06' 40" E 628.56 feet; thence N 03' 53' 20' M 186.00 feet to a paint on the North line of the Said Northeast 1/4; thence N n6° 06' a0' E 1363.8t feet We the point of neginnine containing 77,9/6 acres note be ing lets .nd subject to a right of .ay for the Voter Supply and Storage Company ditch as It now exists and to a right of way for a County goad over the North 30.00 fest thereof end to 4 County Road over the East 30.00 feet thereof. . AR2151627 B 1205 REC 02 27 08/16/88 16:12 $6.00 ill02 F 1790 MARY AAAAAANNNNNNICCCiii��Tii FEDERSTEZN CLERK & RECORDER WELD CO, CO S WARRANTY DEED THIS DEED, Made this 15th day of August 19 88 between INTERSTATE LANDS, LTD., a Colorado Limited Partnership of the • Colmty of Larimer and Stale of Colorado. grantor, and MILICN E. HAMMIER and OZSEEf57 S. FITZ(EERALD State Documentary Fee Dote. FS-!�o•g8 wMlse legal address is 7001 Weld Co. Rd. 84, Ft. Collins, CD 80524 of the County of WITNESSEIH, That the grantor for and in consideration of the sum of FORTY SIX 'THOUSAND FIVE HUNDRED ACID NO/100ths DOLLARS, the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed. and by these presents does grant. bargain, sell, convey and confirm, untothe grantee, his beirs and assigns forever. all the real property together with Improvements, if any, situate. lying andbeing in the County of Weld and State of Colorado described as follows: and State of Colorado. grantee THE LEGAL DESCRIPTION IS =ACHED AS EXHIBIT "A" INCORPORATED HEFEIN BY REFERENCE. known by street and number as: TOGETHER with all and singular the nrereditatnents and appurtenances *meta belonging. or in anywise appertaining, and the reversion and reversions. remainder and remainders, ants. issues and profits thereof. and all the estate, dght. title. interest. claim and demand whatsoever of line grantor, either In law or equity, of. in and to the arms 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, has heirs and assigns forever. And the grantor. forhimsell his heirs, and personal representatives, does covenant, grunt, bargain. and agree to and withthegraake, hisheirsaad assigns, that al the now off the emoting and delivery ofthesepresents. he is well seized of premises alcove conveyed. has good. sure, perfect. absolute and imkfeasibk estateof inheritance. in law, in fec simple. and has good right. fall power and lawful authority togrant, bargain. sell and convey the tame in manner and horn as aforesaid, and that the sane arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and maim -lions of whatever kind or nature never, except the 1988 real estate taxes olden atld pAyallle in 1989 and all subsequent real estate taxes, and except all reservatioryg, 1'estr ions, easalents, and rights -of -way of record, if any, and any and all leases and tenancies, if any. The grantor shall and will WARRANT A ND FOREVER DEFEND the above. bargained pmmisas in the galet and peaceable possession of the gnome, his heirs and assigns. agairtall and every person or persons lawfully claiming the whole orany partthereof. The aingulanumber shall include tlaplural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has encoded this deed on the date set forth above. INTERSTATE LANES, LTD., a Colorado Limited P. by E.L.MITCRELL & CO., a Colorado Corporation, Partner By: (Seal) STATES OF COLORADO County of Ladner Jas. eve 5%tzMan , Vioe President The foregoing instrument was acknowledged before me In the County of TariMer sane of Colorado, this 15 day of August .1988 , by ** Dave Sitzman, Vice President. of E.E. Mitchell Co., a Wloraday Corporation, as General Partner of Interstate** My SWEWR5sion "m Pi(� jj a . 1993 a . Witness my hand d official seal. •• tip;-, a Colorado Limited Parts ctfs.pr} .414 ctMtry and ". OF Cold .;r No. 932A. Rev. 7.14. WARRANTY DEED Wee ebeglnpae Record) Wade re Wbli,Mae,5a5 W. 60, Ave..taaewood, C06a214—Ib112334401 10.85 R B 1205 REC 02151627 8/16/88 16:12 $6.00 2/002 F 1791 MARY ANN FEU EIS CLERK d RECORDER WELD CO, CO • EXHIBIT "A" • • • •i• Covering the Land in the State of Colorado, County of Weld. Dssoribed esi A tract of land situate in the slay of Section 6, Township 7 North, Range 67 West of the 6th P.N., which considering the West line of the said SWy as bearing N00"30'12"W and with all bearings contained herein relative thereto is contained with- in the boundary lines which begin at the West Ouarter Corner of said Section 6, and run thence N87'14'S 241!3.84 feet to the center quarter corner of said Section 6; thence 800.27'30"E 1711.12 feet along the East line of the said SWy to a point on the Northerly line of the Water Supply and Storage Company Ditch; thence along said Northerly line N68•33'569' 118.10 feet, and again 576.13°55"W 408.58 feet, and again N77.59'85"W 507.60 feet, and again N68.30'30"W 148.02 feet, and again MS6'24'40"W 137.73 feet, and again 549'13'15"W 284.80 feet, and again N45.56'56"W 1338.06 feet to a point on the Neat line of the said 8541 thence N00"30'12"W 103.74 feet to the POINT OP BEGINNING. Grantor shall grant and convey to Grantee a right of common usage in any and all ditch rights, easements and right of ways now owned by or benefiting Grantor for delivery of water to the subject premises. GRANTOR RESERVES, for itself, its successors and assigns, an easement over and across the property herein conveyed for the purpose of transporting end con- veying water in ar,d through the existing ditch, as presently situated and constituted to the adjacent premises of Grantor, its successors and assigns, described as follows: Covering the Land in the State of Colorado, County of Weld. Described as: A tract of land situate in the SW 1/4 of Section 6, Township 7 North, Range 67 West of the 8th P.N., which considering the West line of the said SW 1/4 as bearing N00'30'12"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said SW 1/4 which bears SOO'3O'12"E 244.12 feet from the W 1/4 corner of said Section 6 end run thence along the Southerly line of the Water Supply Storage Company Ditch, 845'56'55"S 1242.42 feet, and again 849 13.17.E 293.99 feet, and again S56'24,40"E 155.49 feet, and again 869'30'30"e 166.93 fest, and again 877'59'55"S 513.49 feet,.and again 876'13'55"E 400.34 feet, and again $66'93'55'E 151.59 fest to ■ point on the test line of the said SW 1/4; thence along said Rest line S00°27'30.8 778.69 feet to the S 1/4 corner of said Section 61 thence 566'06'58'W 2424.12 feet to the Southwest corner of said Section 61 thence 500'30'12"W 2400.97 feet to the POINT or SSGINNING. This reservation shall also permit Grantor's ingress and egress as reasonably required for the maintenance, cleaning and repair of said ditch. The parties having the use of said ditch, shall share same on an alternating basis such that Grantor shall have exclusive use of same on its premises described above for four consecutive days followed by Grantee's exclusive use of same on heir pre- mises conveyed herein for six consecutive days, alternating thereafte.• in the sane fashion throughout each irrigation season, or on such other basis as they may subsequently agree. kn,onled at ---- 'entrain N., B REC 02294902 07/09/92 1]:43 010.00 1/002 F 1572 MARY ANN E'EUERSTEIN CLERK F RECORDER WELD CO, CO I,R221Ag02 WARRANTY DEED THIS DEED, 1Lm ire. 1st .tn,n July N92 nrn.ren MILTON E. HARTMANN and COLEEN S. BARTMANl, formerly known as Coleen S. Fitzgerald, id the • r,n:nn m Weld .,.,,t .1,,, „t STATE DOCUMENT:.IC i Date _ rmiwmha gnmm, and KENNETH J. KERCHENFAITr and SUE K. KERCHENFAUT, as joint tenants with rights of survivorship and not as tenants in consort, peeiwhne leeil a•Wnn.•. 230 Upward Trail, Julian, California '4'.016, California m Ian. r \Moth a San Diego and Nan of CCXXHK runnier. NITSFASETH. T ha the grnm.n Nn and in.'mn•kr.'non ,.I m; w,rr•••t Eighty -Eight Thousand and no/100 • IRII I. ARS, the m, npl end hunk tenn•rl w h h head, r lm is kded his ex mod haremn.d ••mLmd. ,n:,:rJ and M them" pwwl'h dnn laminahalpain.wll. romp, and infirm. timothy name: h,.heir. alvla.wgn.htwin. ill the teal pup.mloather w, IInnpr•ne:nenL. II an .,hen'. Ininp aulktnemlhe •ucb ,n Weld Limoat. ,•I I „h,t.nl.�.e.. uh,l.:. "Oink. Ye 9.2 7/3/ anti Ill COILS AIwl SEE EXHIBIT "A" ATTACHED n kmmn h,mwet add numbr.n Vacant land, SWL/4 6-7-67 W 6th, Weld County, Colorado TIM:ETHER with all end ,m1dm the htn'dllamenh and geometer. thereto hel•mtnn , min .1p,, .r apper6,mine, and the Inerwlm and nsrnem.. remainder and remainder. rent., woe. AN rim m, •1: n.n, and all IN. tJalt. Maul :Ile Inwre•t. ,l.nn, and ,knrnml w ham.nrt nl the eunhn other in Ix in Nun,. tnl. in Anil h• the Awe hare• mad frem,v".with the hednam.rr• .in,l app„nenn.r. IT) HAA'I. AN!) U) HOLD the w,d premrw. +hint harem wd and dewnkd with Ihr ,r yullen,n r " ant the punt. h, her, and m,tgn, hunt, And the mnanl.ir. tan hutch. hi. helm" and Pnvna l repmwlnlAw., d, ...Memo, rum 4.1 r.nn and ",:tea manna wnh the grame.', hi, heir. and a,apn., aim at the Mme id the enwallne and deh,a),n •kw• pa...no he p. well wind of the prephie.nnnea nand. has noel. milt'. Mien!. ah,"lule and hunk ma,hk e:taw e1 mhenum". ,n mw, in rte.tmple ter d ha. .nhl rreht.ltill th Min Anil law l ,I a,nh,wn, In pant. har¢mnsell and,anNn Ihe wow in manner end totem a. anm',aMand that Ih" wine ea tar and.kvr In in: al I,erne an,l ndl.r n,lnL, I'.gi tin:..tk,. Ilan. tdnv. .n.r..mrm.. tnumhrnmP and ream lhm„d whate et hint or lawn- w.,er. I ,ere NO OTHER. The granineaull and will WARRANT ANI1HIR0V tR IA R..0 Ihe ehwe hnganed pn•nn.'. in the quirt and reatahlc p•nst.mmnl the grantee, hn hen. ands wym, apam,l all and e.rr, pram •apmm.l mlull•, staining the" sec.,. an, pal l herein The weeder numher.hall inludethe plural. me plural the 'angular. and the u.r "1 an gemkr .hall he ao niwal•k I,. all render. IN%ITvdi'AS N'HE"RI:O§Ahe gran h. he' r.eund hi, 'lc M nn Ow d.Iu't lwm ,•morn /1 S. B,tA innerly now?: Coleen S. Fitzgerald flunk hid Lariner The hwepmng rnummenl se. aka Weed helm me this let dnnl July .plg2 MMILTON E. HARTMANN and COLEEII S. HARTMANN, formerly known as Coleen S. Fitzgerald. M) pm,mm,am north May 13th r° 96 W late.. in hand and n n ,.d vend No, 932A. Rte. 744. MARRAiTT newer. rtesespee Runt, Mtlhmn minion. i L' Man Si Ix rep «O nu '01 ,lul,•.'•''Ili 1:.r1 • • • • • B 1342 REC 02294902 0'./09/92 11:43 $10.00 2/002 F 1573 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FILE ND. 927631 "EXHIBIT A" A TRACT OF LAND SITUATE IN THE SW 1/4 OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6'19 P.M., WHICH C0NSIDERIDG THE WEST LINE OF THE SAID SW 1/4 AS BEARING N 00 DEGREES 30' 12" W AND WI19 ALL HEARINGS CONTAINED HEREIN RELATIVE TEPEEHRID IS DINED WITHIN THE HCCRI ARY LINE WHICH BEGIN AT THE WEST QUARTER CORNER OF SAID SECTION 6, AND RUN THEN N 87 DEGREES 14' E 2423.84 FEET TO THE CENTER QUARTER CORNER OF SAID SECTIONS 6; THENCE S 00 DEGREES 27' 30" E 1711.13 FEET ALCM THE EAST LINE OF THE SAID SW 1/4 '10 A POINT Cl THE NORTHERLY LINE OF THE WATER SUPPLY AND _STCSPGE COMPANY DITOI; THENCE ALONG SAID NORTHERLY LINE N 68 DEGREES 33' 56" W 118.10 FEET, AND AGAIN N 76 DEGREES 13' 55" W 408.58 PET, AND AGAIN N 7i DEGREES 59' 55" W 507.60 FEET, AND AGAIN N 68 OBGREES 30' 30" W 148.02 FEET, AND AGAIN N 56 DEGREES 24' 40" W 137.73 FEET, AND AGAIN N 49 DEGREES 13' 15" W 284.84 FEET, AND AGAIN N 45 DEGREES 56' 56" W 1338.06 MT TO A POINT ON TEE WEST LINE OF THE SAID SW 1/4; THEME N 00 EEGRE S 30' 12" W 103.74 FEET TO THE POINT OF BET,INNIAG, COUNTY OF WELD, SPATE OF GECRADO. TOGETHER WITH all rights, title, and interest of the Grantor in and to the Cactus Hill Ditch. 1111111111111111111 II IIII 11111111ll !II lilt III • 986 19of92 P110Y0000 BD 25.29 29 Weld County CO�molo Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property') from the individual(s), corporation(s), partnership(s). or other entity(ies) named below as GRANTOR to the individual(s) or entity(lea) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general property taxes for the year of this deed. which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any additional masters shown below under "Additional Warranty Exceptions", and (7) subject to building and zoning regulations. D.F. C�.�� 525.29 The Specific Terms of This Deed Are: Grantor:r, � �(Give name(s) and plugs) of residence; if the spouse of the owner -grantor b joining in this Deed to release homestead rights, identify maroon as husband and wife.) KENNETH J. KERCHENFAUT AND SUE K. KERCHENFAUT Grantee: (Give nave(s) and addreaa(m7; statement of address. including availalle road or street number.) DYECREST DAIRY LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 3 R Ne-tt., Ct.—„T�y anuu 64 • `igo-ea ca -es —G .. 8 a scat/ Form of Co-Owvenhip: (If there two or mine grantee; raised, they will be considered to lake as tenants in common unless the words 'in joint tenancy' or words of the same meaning we added in the space below.) Property Description (Include caumy and sate.) LOT B OF AMENDED RECORDED EXEMPTION NO. 0705-06-3-AMRE-2992, ACCORDING TO THE PLAT RECORDED DECEMBER 12, 2001 AS RECEPTION NO. 2908198 BEING A PORTION OF THE SW I/4 OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6tH P.M., WELD COUNTY, COLORADO. Property Address: WCR 13 CO Consideration, (The statement of a dollar amount is optimal. adequate consideration for this deed will be presumed unless this conveyance is 'dMifred as a gift. In any ease this conveyance is absolute. led and unconditional.) TWO HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FORTY FIVE AND 00/100 Reservations-Restralbna: (If the GRANTOR Sends as reserve any inert* in the prepay' or to convey less than is owned, or f di GRANTOR' Ls reatriaing the GRANTEE'S right in the propvty. make epprepd+e indication.) see attached Exhibit A Additional Warranty Exceptions: (Include deeds of mist being assumed and other natters not covered above-) Executed by the Grantor on DECEMBER 28, 2001 Signature for Corporation, hmoertp or Amriatbo: Signature for ttdlWdual(s): Name of Grantor: Corporation, Partnership or Association By By KENNETH g,¢r:HENFAUT (/ Grantor Grantor 7 UE K. KERCHENFAUTTAU1 S Gmnmr Attest STATE OF COLORADO COUNTY OF WELD '' The foregoing instrument was acknowledged before me this 28th day of DECEMBER, 2001 By' KENNETH 1. KERC::" "v : UE K. KERCHENFAUT tpP�-Pli�� otrii : (pc r6,2oes Stjma Nek; acknow b•' COQ. WITNESS my hand My commission expi STATE OF COUNTY OF The foregoing intro By' Notary Public 1221 8TH AVENUE. GREELEY, CO. 80631 efore me this day of ("name individual Graator0) or if Gran n7is Corporation. Pamenhip or Association. then identify signers as president or rice president and secretary or assisting secretary of corporation; or as partner(s) of partnership; or as authorized mernber(s) of association.) WITNESS my hand and official seal. My commission expires: Notary Public 01981 UPDATE LEGAL FORMS WCTC No. 201-L • • 1111111111111111111IIIII111111111111111III 11111 UII liii 2912986 12/28/2001 04.08P JA SukiTeukamoto 2 of 2 R 10.00 D 25.29 Weld County CD EXHIBIT A • Grantor reserves, for itself, (but not its successors or assigns), as easement over and across the property herein conveyed with the purpose of transporting and conveying water in and through the existing ditch on the property, as presently situated and constituted, for the benefit of and the irrigation of Grantors' adjoining property known as lot A, Recorded Exemption no. 0705 06 3 AMRE-2992 dated December 12, 2001. This reservation shall also permit Grantor ingress and egress as reasonable required for the maintenance, cleaning, repair and reconstruction of said ditch. Grantor also reserves, for itself, an undivided fifty percent (50%) interest (but not its successors or assigns), in and to Grantors' right to use said ditch. The Grantor and the Grantee shall share equally on an alternating daily basis the use of the ditch. The right to use the ditch does not convey any water rights. Grantor hereby conveys and quit claims to Grantee an undivided fifty percent (50%) interest in and to Grantor's right to use said ditch. The transfer of ditch rights, if any, is without warranty. N//j d , 6- 11111111111111111 IIII 111111111111 III 11111 IIII IIII • S • 309 3422309 09/26/2006 12.41P Weld County, CO 1 of 1 R 6.00 D 39.50 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: Ted V. Simmons and Jamie M. Simmons 5208 Keystone Creek Court Fort Collins, CO 80528-8556 WARRANTY DEED THIS DEED, dated September 25, 2006, between Dyecrest Dairy Limited Liability Company, a Colorado limited liability company of the County of Weld and State of Colorado, grantor(s), and SDF $39.50 .Ted V. Simmons and Jamie M. Simmons, whose legal address is 5208 Keystone Creek Court, Fort Collins, CO 80528-6556, of the County of Larimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and In consideration of the sum of Three Hundred Ninety Five Thousand and 00/100 Dollars ($395,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 8 of Amended Recorded Exemption No. 0705-06-3-AMRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the SW 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M. Weld County, Colorado. also known by street and number as: 41490 Weld County Road 13, Fort Collins, CO 80524 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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(s), 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(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful 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 former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, If any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Dyecrest Dairy Limited Liability Company, a Colorado limited liability company TeV erArte Dye Its: Manager STATE OF COLORADO )55 COUNTY OF LARIMER The foregoing instrument was acknowledged before me on Dyecrest Dairy Limited Liability Company, a Colorado limite Witness my hand and official seal. My Commission Expires: /H5-0 File No.: TNF00002328 WD Inch, to Indv-DOC eptember 25, 2006 by Terence Dye as Manager of blllty company. ry Public DAREL(A BLOCH i_O 4 9/22/06 3:39 PM TNFC • • SURROUNDING PROPERTY OWNERS USR-1680 Step 2 RENOTIFY SURFACE ESTATE LAND OWNERS TIMOTHY BROUGH 41132 CR 13 FT COLLINS CO 80524 KENNETH KERCHENFAUT 41490CR13 FT COLLINS CO 80524 KIMBERLING LIVING TRUST 6615CR84 FT COLLINS CO 80524 ANCEL LEWIS 6510CR86 FT COLLINS CO 80524 DOUGLAS NAGLE 2613 SHAVANO CT FT COLLINS CO 80525 EUGENE SCHNIEDER 41632 CR 13 FT COLLINS CO 80524 MARGARET SCHNEIDER 41632 CR 13 FT COLLINS CO 80524 KEN MATTHEWS 6175 PHEASANT CREST DR FT COLLINS CO 80524 CATHY KAWAKAMI 5910 LINDEN VIEW CT FT COLLINS CO 80524 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR-1680 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 6'" day of February, 2009. Dated the 6th day of February, 2009. Kristine Ranslem Recording Secretary for Planning Commission • • • • • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: LOT A 2ND AM RE 0705-06-2992 (6 -7N -67W) Parcel Number 0 7 0 5- 0 6- 3- 0 0- 0 5 2 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required, attach an additional sheet ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessorof the owners' of property (the surface estate) within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days pr. to the date the application is submitted to the Department of Planning Services. The foregoing instrument was subscribed and sworn to me this WITNESS my hand and official seal. My Commission Expires: '�—t -_ 3L'I I B Title: - day of= .l71 -r > , 2008 . r C2., se --4 " Notary Publ -14- N LUUN / Y HUAU 1 I 1137 1137 1401 Owner Notification List (Planning The highlighted parcels on this map represent parcels found within a given distance of a target parcel provided by the recipient AND all the parcels of any subdivision found within the specified distance. Target PID or Address: 'C) -CC- CDI Select Distance (in feet): 5CCE‘If Date Produced: 12-os 690 345 0 690 Generated by Larimer County "County S AFFIDAVIT OF INTERESTED SD OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 070506300052 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature ZDo73 Date 70506300052 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301002 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301003 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301004 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301008 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301009 BROUGH LISA C KERCHENFAUT KENNETH J & Additional Owners: 41490 CR 13 FORT COLLINS,CO 80524 070506300051 KERCHENFAUT SUE K KIMBERLING LIVING TRUST 6615 CR 84 FT COLLINS,CO 80524 070506400046 LEWIS ANCEL W JR & 6510CR86 http://maps2.merrick.com/website/weld/setsql.asp 12/08/2008 AFFIDAVIT OF INTERESTE•AND OWNERS • Page 2 of 2 dditional Owners: FORT COLLINS,CO 80524 070506000002 LEWIS GWENDOLYN L NAGLE DOUGLAS & Additional Owners: 2613 SHAVANO CT FORT COLLINS,CO 80525 070506301001 NAGLE DENISE SCHNEIDER EUGENE F (HEIRS OF) & Additional Owners: 41632 CR 13 FT COLLINS,CO 80524 070506000047 SCHNEIDER MARGARET A SCHNEIDER MARGARET A 41632 CR 13 FT COLLINS,CO 80524 070506000009 http://maps2.merrick.com/website/weld/setsgl.asp 12/08/2008 • AFFIDAVIT OF INTEREST AND OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 070506300052 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. SiS il gJJnatur Date Property Owners Within 500 ft. ofParcel# 070506300052 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301002 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: BROUGH LISA C 41132 CR 13 FT COLLINS,CO 80524 070506301003 BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301004 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301008 BROUGH LISA C BROUGH TIMOTHY R & Additional Owners: 41132 CR 13 FT COLLINS,CO 80524 070506301009 BROUGH LISA C KERCHENFAUT KENNETH J & Additional Owners: KERCHENFAUT SUE K 41490 CR 13 FORT COLLINS,CO 80524 070506300051 KIMBERLING LIVING TRUST 6615 CR 84 070506400046 http://maps2.merrick.com/website/weld/setsql.asp 9/23/2008 AFFIDAVIT OF INTEREST V AND OWNERS Page 2 of 2 FT COLLINS,CO 80524 LEWIS ANCEL W JR & Additional Owners: 6510 CR 86 FORT COLLINS,CO 80524 070506000002 LEWIS GWENDOLYN L NAGLE DOUGLAS & Additional Owners: 2613 SHAVANO CT FORT COLLINS,CO 80525 070506301001 NAGLE DENISE SCHNEIDER EUGENE F & Additional Owners: 41632 CR 13 FT COLLINS,CO 80524 070506000009 SCHNEIDER MARGARET A SCHNEIDER EUGENE F & Additional Owners: - - - SCHNEIDER MARGARET A 41632 CR 13 FT COLLINS,CO 80524 070506000047 http://maps2.merrick.com/website/weld/setsgl.asp 9/23/2008 Page 1 of 1 Watid county, caw.ao aaroaterii http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS571243607357.jpg 9/23/2008 Property Location: Parcel ID # 8701000001 DYECREST DAIRY, LLC 7 N COUNTY LINE RD T COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYE, TERENCE 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYE, TERENCE 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Orel ID # 8701000018 CREST DAIRY, LLC 1137 N COUNTY LINE RD FORT COLLINS CO 80524 • Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYE, TERENCE 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYECREST DAIRY, LLC 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYECREST 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1401 N COUNTY ROAD 1 Parcel ID # 8701000020 DYECREST DAIRY, LLC 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYECREST 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYECREST DAIRY, LLC 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: 1137 N COUNTY LINE RD Parcel ID # 8701000018 DYECREST 1137 N COUNTY LINE RD FORT COLLINS CO 80524 Property Location: Parcel ID # 8701000921 WATER SUPPLY AND STORAGE CO PO BOX 1584 FORT COLLINS CO 80522 • Weld County Planning Department GREET EY OFFICE GEORGE H. OTTENHOFF KENNETH F. LIND KIM R. LAWRENCE P. ANDREW JONES JAMES D. BRAMER* CLINTON P. SWIFT KELLY J. CUSTER 'Also admitted in Wyoming +Also admitted in Wisconsin LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE, SUITE 200 WINDSOR, COLORADO 80550 TELEPHONE: 970-674-9888 TELECOPIER: 970-674-9535 chrys(aItlolaw.com W W W.LLOLAW.COM 721 EAST LINCOLN WAY CHEYENNE, WY 82001 TELEPHONE: 307-635-2480 January 20, 2009 Chris Gathman, Weld County Planner Department of Planning Services North Office 918 10th Street Greeley, CO 80631 Re: USR-1680 Dear Mr. Gathman: \NI '' i ?Pratt lisECEiVED BRADLEY C. GRASMICK DAVID P. JONES CHRYSTEN S. HINZE MEGAN R. PETERSON+ Enclosed please find copies of the letters which were sent on December 8, 2009, to the mineral estate owners, Gayle O. Norman and Kenneth D. Norman and the certified receipt information. If you have any questions, please contact Chrys Hinze. Thank you. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP cno Tani. PrtPo. OPUS. Da�"601,.,41647.07w Tarita A. Propp, Legal Assistant for Chrysten S. Hinze tap Enclosure Legal -Solutions for Colorado and the West F:\_Lit\CSH\_ClientFiles\NCWCD.gen\SimmonsRE&USR\Correspondence\Gathman le to 090120 re cert Itrs.doc • • EC 0[7' LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law GEORGE H. OTTENHOFF KENNETH F. LIND KIM R. LAWRENCE P. ANDREW JONES JAMES D. BRAMER' CLINTON P. SWIFT KELLY J. CUSTER 'Also admitted in Wyoming +Also admitted In Wisconsin Gayle O. Norman 422 W. Myrtle Ft. Collins, CO 80521 355 EASTMAN PARK DRIVE, SUITE 200 WINDSOR. COLORADO 80550 TELEPHONE: 970-674-9888 TELECOPIER: 970-674-9535 chrysaIlolaw.com W W W. LLOLAW.COM 721 EAST LINCOLN WAY CHEYENNE, WY 82001 TELEPHONE: 307-635-2480 December 8, 2008 BRADLEY C. GRASMICK DAVID P. JONES CHRYSTEN S. HINZE MEGAN R. PEI ERSON+ Re: Use by Special Review Application (USR-1680) Being a Request for a Site Specific Development Plan and Special Use Permit for a Major Facility of a Public Utility (domestic water storage). Ladies and Gentlemen: The Planning Commission of Weld County, Colorado will hold a public hearing on the application of North Weld County Water District for a Use by Special Review. This notice is being provided to you as a mineral owner or lessee of property owned by Ted and Jamie Simmons described as follows: Lot A of Second Amended RE2992, being part of Section 6, T7N, R67W of the 6th P.M. Should you have comments, you may submit them in writing to: Department of Planning Services, 918 Tenth Street, Greeley, CO 80631. The public hearing will be held on February 3, 2009 in the Hearing Room, Department of Planning Services, 918 Tenth Street, Greeley Colorado commencing at 9:00 a.m. or as soon thereafter as may be heard. Sincerely IND, LAWRENCE a OTTENHOFF, LLP AR\ c st nS.H ryinze Cc: Weld County Planning Services LegalSo(utions for °A ratio and the West • • • I ■ Complete Items 1, 2, and 3. Also complete I r PItem 4 if Restricted Delivery Is desired.. j so that werint your nt can and address on the reverse to you. I • Attach this card to the backofmall ece, or on the from If space permits.I W 1. Article Addressed to: Gay/e O. Norman Ft. C p2WCOyrtle 80521 ` 2. Article Number I (Transfer from se,wco,�� Fs Form 3811, Febroary2004 UNITED STATES POsjPitt*W : h_.rw4 4 1I ..! M_f �If::. ii 25:1 -CIS PM • Sender: Please print your name, address, and ZIP+4 in this box • 1' 29 If tie delivery ferent :tornad ress b aem l? • Yes address below: O No spservice ryas l led Mall ❑ t Map ReB Mewed Ma p Return Raaeipr for ❑ Mau ❑ C.O.D. Mercha ndi s e mooted DeNyer� (Ems 7OO6 ❑100 0006 3756 4991 Domestic Return Receipt. Lind Lawrence & Ottenhoff LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 AMC\ Chr\i51i- ttEC to IL111111,111,111111di1111ll►1111t 11111Li1111111111111,d,1 er 0 1 95.oa h1.1540 • Chryst n S. Hi Cc: Weld County Planning Services LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law GEORGE H. OTTENHOFF KENNETH F. LIND KIM R. LAWRENCE P. ANDREW JONES JAMES D. BRAMER' CLINTON P. SWIFT KELLY J. CUSTER 'Also admitted in Wyoming +Also admitted in Wisconsin Kenneth D. Norman 3306 NE 141 Avenue Portland, OR 97230 355 EASTMAN PARK DRIVE. SUITE 200 WINDSOR, COLORADO 80550 TELEPHONE: 970-674-9888 TELECOPIER: 970-674-9535 chrvsallolaw.corn W W W. LLOLA W,COM 721 EAST LINCOLN WAY CHEYENNE, WY 82001 TELEPHONE: 307-635-2480 December 8, 2008 BRADLEY C. GRASMICK DAVID P. JONES CHRYSTEN S. HINZE MEGAN R. PETERSON+ Re: Use by Special Review Application (USR-1680) Being a Request for a Site Specific Development Plan and Special Use Permit for a Major Facility of a Public Utility (domestic water storage). Ladies and Gentlemen: The Planning Commission of Weld County, Colorado will hold a public hearing on the application of North Weld County Water District for a Use by Special Review. This notice is being provided to you as a mineral owner or lessee of property owned by Ted and Jamie Simmons described as follows: Lot A of Second Amended RE2992, being part of Section 6, T7N, R67W of the 61h P.M. Should you have comments, you may submit them in writing to: Department of Planning Services, 918 Tenth Street, Greeley, CO 80631. The public hearing will be held on February 3, 2009 in the Hearing Room, Department of Planning Services, 918 Tenth Street, Greeley Colorado commencing at 9:00 a.m. or as soon thereafter as may be heard. Sincerely D, LAWRENCE OTTENHOFF, LLP �e Legal Solutions for Colorado and the West • • • CERTIFIED MAIL O 0 0- _I a) J •j O Q) L aj C W• HO O O Y tr) N°0 (0O C ELtD O C O c 3.. • J C C 7006 0100 ❑006 3756 4977 m o O 0 I O O H 0 O 0 m rP O M 0 ft O O • 3 1• t 2 woo • n OWL # Z OHO U D J ZUW 0 RzJ n O 330 0 • MN C W 2 0 a 3 0 h In 0 W W H X H U 2 U III ,l„1,1,11,,,,11„I ,„,II , ,1,1,11 ,IIIIII rP 0 at • • • SENDER: COMPLETE THIS SECTION a !■ ❑❑ X • Ear pm \ \ to ara !! mat • t!@& o!!e■S ! § I \ orm 3811, February 2004 KERR-MCGEE GATHERING LLC 1099 18TH STOP • DENVER, COLORADO 80202 720-929-6000 January 14, 2009 VIA FACSIMILE AND VIA US MAIL Weld County Department of Planning Services Attn: Chris Gathman, Planner North Office 918 10th Street, 1St Floor Greeley, CO 80631 4'! KerrlvrGee Weld County Planning Department GREELEY OFFICE ,IAN 1 fi 711f19 RECEIVED Re: High Plains Disposal LLC — USR 1677 A Site Specific Development Plan and a Special Review Permit Township 3 North, Range 66 West, 6th P.M. Section 24: NENE Weld County, Colorado Dear Mr. Gathman: The purpose of this letter is to inform you that Kerr-McGee Gathering LLC's oil and gas rights may be adversely affected by the expansion of High Plains Disposal LLC recently proposed by Weld County. Kerr-McGee owns easements and rights -of -way on the Property within which it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care must be taken to insure that uses of the surface estate approved by Weld County above or near these pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights of use. Please contact Pete Dokken at 720.929.6556 if you have any questions or comments about this matter. I am attaching a copy of our General Guidelines and Construction Activities On or Near Kerr-McGee Gathering LLC Pipelines and Related Facilities. Sincerely, cGee s th .,,t ua LC Land Admin Specialist II A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION • • • • • High Plains Disposal LLC January 14, 2009 Page 2 Attachment cc: Andy Cunningham — High Plains Disposal LLC (Applicant) Kevin Osif— Kerr-McGee Gathering LLC Matthew Miller - Kerr-McGee Oil & Gas Onshore LP • • • <'1 Kerr/VtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities This list of design, construction and contractor requirements, including but not limited to the following, is for the design and installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road rights of ways only. Encroachments on fee property should be referred to the Land & ROW Department. Any reference to KMG in the below requirements is meant to include and apply to any Kerr McGee entity. Design • KMG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on KMG's ROW or near its facilities. This is to determine and resolve any location, grade or encroachment problems and allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual work is to take place. • The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set of "as -built drawings" and submit to KMG, showing the facilities in the vicinity of KMG's ROW upon completion of the work. • Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing. • • • KMG shall approve the design of all permanent road crossings. Any repair to surface facilities following future pipeline maintenance or repair work by KMG on it's "prior rights" ROW will be at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMG. • The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without KMG's written approval. • Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG. • Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG. • Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on KMG easement without written approval by KMG. • Foreign utility installations, IE, distribution gas, oil and gas gathering, water, electric, telephone, cable and sewer lines, etc., may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical clearance is maintained between KMG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than 18" of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than 12° whether written or not. Constant line elevations must be maintained across KMG's entire ROW width, gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign line crossings above the KMG pipeline with less than 18" of clearance must be evaluated by KMG to ensure that additional support is not necessary to prevent settling on top of the KMG natural gas pipeline. A KMG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances. • Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG. A minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is placed within the KMG easement or adjacent to the KMG easement. Any deviation from the 10.0' horizontal requirement must be approved in writing by KMG and an "as built survey" provided to KMG after installation. Page 1 of 4 Revision 3/01/2004 • • • �1J KerrlVtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities • The foreign utility should be advised that KMG maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with KMG's. At the request of KMG, foreign utilities shall install (or allow to be installed) cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service. • The developer shall understand that KMG whether specifically required per federal law, or by company standard, will mark the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure, in the sole opinion of KMG, the safety of the public, contractor, KMG personnel and KMG facilities. On all foreign utility crossings and / or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. • • • • AC Electrical lines must be installed in conduit and properly insulated. On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the KMG ROW. No power poles, light standards, etc. shall be installed in the KMG easement without written approval by KMG. KMG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage. The design and placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion, and may exceed any regulatory requirements. Construction • If KMG will be relocating KMG facilities for any entity, grading in the new KMG ROW shall be +/- 6 inches before KMG will mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48" nor more than 72". All cover that exceeds 72" or less than 48" will be approved in writing by KMG. Cover during all construction activities will NEVER be less than 36" unless approved in writing and a KMG representative is on site during the time cover is reduced. • The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMG's requirements and be contractually obligated to comply. The continued integrity of KMG's pipelines and the safety of all individuals in the area of proposed work near KMG's facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on -site representative will require discontinuation of any work that, in his or her opinion, endangers the operations or safety of personnel, pipelines or facilities. The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMG representative must be present. • The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary damage to the pipeline coating. A KMG representative shall do all line locating. Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any Contractor schedule changes shall be provided to KMG immediately. Page 2 of 4 Revision 3/01/2004 • • • • KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities • Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG. Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by KMG. • Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires. • Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility. At no time will cover be reduced to less than 36" without written approval by KMG and a KMG representative on site. A KMG representative shall be on -site to monitor any construction activities within twenty-five (25) feet of a KMG pipeline or aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities. • Ripping is only allowed when the position of the pipe is known and not within ten (10) feet of KMG facility. KMG personnel must be present. • Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on -site representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected material as approved by KMG's on -site representative and thoroughly compacted in 12" lifts to 95% of standard proctor dry density minimum or as approved by KMG.'s on -site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. • No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including complete Blasting Plan Data. A pre -blast meeting shall be conducted by the organization responsible for blasting. KMG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre -blast meeting shall be conducted by the organization responsible for blasting. Any contact with any KMG facility, pipeline, valve set, etc. shall be reported immediately to KMG. If repairs to the pipe are necessary, they will be made and inspected before the section is re -coated and the line is back -filled. • KMG personnel shall install all test leads on KMG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction & Facilities Engineering: Kevin R. Osif, P.E. Facilities Engineer. Joseph E. Sanchez, P.E. • Foreman 1: James Phillips Foreman 1: Rick Noffsinger Phone: 303 655 - 4307 Phone: 303 655 - 4319 Phone: 303 655 - 4343 Phone: 303-655 - 4326 Page 3 of 4 Revision 3/01/2004 • • • • S kg Kerrl%kGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities Emergency Contacts: On call supervisor Kerr McGee 24 hour emergency number One Call Emergency Phone: 303-559 - 4001 Phone: 303-659 - 5922 Phone: 800-922 -1987 Page 4 of 4 Revision 3/01/2004 BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON June 24,2008 North Weld County Water District 33247 Highway 85 - PO Box 56 Lucerne, CO 80646 9703563020 NORTH WELD COUN WATER DISTRICT ,32-7 HIGHWAY 85 • LUCERNE CO 80646 DON POSSEL F. IJIS1 RIC 7 MANAGER PO. BOX 56 • PHONE (970) 356 3020 • FAX 1970) 395-0907 www nwcwd.org • a mad. wtter@nwcwd. erg This letter is in response to your inquiry regarding water service to the following described property, Approx. 41494 WCR 13, Proposed Lot A (NWCWD Tank Site); and Approx. 41500 WCR 13, Proposed Lot B (Ted V. Simmons) in a portion of the SW 7. of Section 6, T7N, R67W of the 61h Prime Meridian. Parcel 070506300052 1.- Water Service in pre ently being provided to the above mentioned property through meter # 2. North Weld County Water District is able and intends to provide water service to the above -mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, the District may refuse to supply water to the above -mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights -of -Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right -of -Way Agreement, and until such Easement and Right -of -Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District requests that for any County Process, including but not limited to a Recorded Exemption (RE), Subdivision Exemption (SE), Use by Special Review (USR), Planned Unit Development (PUD), Minor Subdivision or Off -Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore, the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s) or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval, additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 5. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form, your irrigated landscaping square footage not exceed approx. 6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 6. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre -Foot of water, if the allotment for Colorado -Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 7. Tap Options and Requirements A. The District offers a Full Standard Tap option for those landowners with lot sizes greaterthan 0.33 Acres (14,500 sq ft). This option allows the tap to utilize 228,000 gallons of water and plant investment capacity during a water year for delivery without surcharge. B. For landowners with lot sizes greater than 0.20 acres (8,800 sq ft) but less than 0.33 Acres (14,500 sq ft) OR those landowners with verifiable irrigation rights or well permits for outside water use, the District offers a 75% Tap option. This tap provides the landowner with 171,000 gallons of Water and Plant Investment capacity during a water year for delivery without surcharge. The fees are 75% of the Full Standard Tap Fees. C. The District offers a third option for those landowners with lots less than .2 acres (8,800 sq ft) or with a Board Approved Irrigation System or Board Approved Commercial Enterprise. This tap allows the landowner to utilize 50% of the Full Standard Tap or 114,000 gallons per water year for delivery without surcharge. The fees for this option are 50% of the Full Standard Tap Fees. Refer to the following page for a break down of the Districts' Tap Fees, Usage Rates, and Surcharge Rates. Sincerely, Alan Overton North Weld County Water District N C cgal D,,cmne,IN'I n Icr or ImmnRU0N,NWCw6I unkSim(06-24-05)doc I oft BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON NORTH WELD COON?:' WATER DISTRICT 13247 HIGHWAY 86 - I UCERNE CO 80646 DON POSSELT. D15) RIC I MANAGER P.O. BOX 56 • PHONE 19701356-3020 • FAX (970) 395-0997 www nw(wd orq • e maul) water@nwcwd urg June 24, 2008 The Tap Fees quoted below, shall be valid for ten (10) business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. (For this Letter of Intent, see Site and Landscape Plan Plats) After ten (10) business days, the costs will be subject to the then in effect rates (current cost) established by the District. The District is not responsible for notifying individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a change of rates and or fees. TAP FEES Raw Water for One Acre -Foot Unit (AFU) $11,000 Storage Fee Portion of Raw Water Fee $1,000 Base Portion of Plant Investment Fee $7,500 Distance Portion of Plant Investment Fee $900 �mile) _ __ __ — - _ iI TOTAL Up -Front COSTS For STANDARD TAP (See 4 Paragraph 5 for Options) PER TAP ._ $20,400.00 1 Price is valid for ten (1Ijii business' days from receiving this letter. H Minimum Pressure 35 psi Normal Pressure Range 120 psi to 125 psi Maximum Pressure 130 psi INSTALLATION COST Meter Set Fee / Line Extension Waived After the water tap has been purchased (Raw Water AFU & Plant Investment Fee) the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 98% of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset, the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10.000 gallons _ $27 00. Minimum 10.000 gallons and up $2 70per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the Districts cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson (CBT) Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of $23.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. ro to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Allocation Table Full Standard Tap Il Water Allocation: 228,000 gallons Plant Investment Allocation: 228,000 gallons 75% Tap Option Water Allocation: 171,000 gallons Plant Investment Allocation: 171,000 gallons 50% Tap Option i Water Allocation: 114,000 gallons Plant Investment Allocation: 114,000 gallons A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons = Annual Allocation. (eg. Water Allocation 5 x 228,000 = 1,140,000 gallons Annual AllocationZ.__ N egal UocumemNswr nr inwnr@00N`.NS C V.1) r nkSitc106-24-081doc 2 oft 4 • • • 6' o z w a O O mz 1" z ca z xm oz hF z CO 2 U O m m 0 "N 8'1 'N1.1 4 SOIL SURVEY tial for urban development is only fair to poor. The main stations are moderate to high shrink swell, low ength, and slow permeability. The potential is fair for evelopment of openland wildlife habitat. 3. Weld -Colby Deep, nearly level to moderately sloping, well drained loans formed in calcareous eolian deposits This nearly level to moderately sloping map unit is on plains mainly in the southeastern part of the survey area. One small area is in the west -central part. The unit makes up about 10 percent of the total acreage. About 50 per- cent is Weld soils, 35 percent is Colby soils, and 15 per- cent is soils of minor extent. Weld soils occupy the broad nearly level areas. Colby soils occupy the steeper side slopes. Weld soils have a loam surface layer and a clay and clay loam subsoil. Colby soils have a loam surface layer and silt loam underlying material. Minor in this unit are the well drained Adena and Kim soils. This map unit is used mainly for cropland. About 65 percent is nonirrigated. Winter wheat is the principal crop. If irrigated, the soils are well suited to all commonly grown crops. The potential is fair for development of openland wildlife habitat. 4. Wiley -Colby -Weld Deep, nearly level to moderately sloping, well drained silt •ams and loans formed in calcareous eolian deposits This nearly level to moderately sloping map unit is on plains in the west -central and southwestern parts of the survey area. It makes up about 5.5 percent of the total acreage. About 30 percent is Wiley soils, 30 percent is Colby soils, 15 percent is Weld soils, and 25 percent is soils of minor extent. Wiley and Colby soils form an intermingled complex pattern on the steeper side slopes. Weld soils are along the narrow ridgetops and on the nearly level side slopes. Wiley soils have a silt loam surface layer and a silty clay loam subsoil. Colby soils have a loam surface layer and silt loam underlying material. Weld soils have a loam sur- face layer and a clay loam subsoil. Minor in this unit are the moderately well drained Heldt soils and the well drained Nunn and Ulm soils. This map unit is used mainly for cropland. About 70 percent is irrigated and is well suited to all commonly grown crops. In nonirrigated areas, winter wheat is the principal crop. The potential is fair for urban develop- ment. Moderately slow permeability is the main limita- tion. The potential is also fair for development of open - land wildlife. 5. Olney -Kim -Otero Deep, nearly level to moderately sloping, well drained sandy loans and loans formed in mixed alluvium and •olian deposits This nearly level to moderately sloping map unit is on plains and alluvial fans throughout the survey area. It makes up about 23.5 percent of the total acreage. About 35 percent is Olney soils, 20 percent is Kim soils, 15 per- cent is Otero soils, and 30 percent is soils of minor extent. The soils in this map unit occupy the same relative positions on the landscape (fig. 2). Olney soils have a loamy sand or sandy loam surface layer and a sandy clay loam subsoil. Kim soils have a loam surface layer and loam and fine sandy loam underlying material. Otero soils have a sandy loam surface layer and fine sandy loam un- derlying material. Minor in this unit are the well drained Ascalon, Nelson, Thedalund, and Vona soils. This map unit is used for irrigated and nonirrigated cropland and for rangeland. The potential is good for urban development and fair for wildlife habitat. 6. Otero-Thedalund-Nelson Deep and moderately deep, nearly level to moderately sloping, well drained sandy looms and clay loams formed in alluvium and eolian deposits and in residuum from shale and sandstone This nearly level to moderately sloping map unit is on plains in the north -central part of the survey area. It makes up about 3 percent of the total acreage. About 35 percent is Otero soils, 25 percent is Thedalund soils, 25 percent is Nelson soils, and 15 percent is soils of minor extent. Otero soils are on the nearly level or smoother side slopes. Thedalund and Nelson soils are intermingled and are on the steeper side slopes. Otero soils have a sandy loam surface layer and fine sandy loam underlying material. Thedalund soils have a loam surface layer and underlying material. Shale is between depths of 20 and 40 inches. Nelson soils have a fine sandy loam surface layer and underlying material. Sandstone is between 20 and 40 inches. Minor in this unit are the well drained Kim, Renohill, Terry, and Vona soils. This map unit is used mainly for irrigated cropland. Soil depth is the main limitation in farming and urban development. The potential is fair for development of openland wildlife habitat. 7. Tassel-Thedalund-Terry Shallow to moderately deep, gently sloping to strongly sloping, well drained sandy locums to clay loans formed in residuum from sandstone and shale This gently sloping to strongly sloping map unit is in the western part of the survey area, adjacent to and in- cluding the sandstone breaks along some of the major streams. It makes up about 1 percent of the total acreage. About 50 percent is Tassel soils, 20 percent is Thedalund soils, 20 percent is Terry soils, and 10 percent is soils of minor extent. WELD COUNTY, COLORADO, SOUTHERN PART • Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, Siberian peashrub, lilac, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. This soil has good potential for urban and recreational development. Increased population growth in the survey area has resulted in increased homesite construction. The chief limiting feature for urban development and road construction is the limited capacity of the soil to support a load. Septic tank absorption fields function properly, but community sewage systems should be provided if the population density increases. Because of the permeability of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability class I ir- rigated. 32 —Kim loam, 1 to 3 percent slopes. This is a deep, well drained soil on smooth plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian deposit and parent sediment from a wide variety of bedrock. Included in mapping are small areas of soils that have loamy sand underlying material. Typically the surface layer is brown and pale brown loam about 12 inches thick. The upper 28 inches of the un- derlying material is pale brown loam. The lower part to a depth of 60 inches is pale brown fine sandy loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An exam- ple of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining (fig. 6), and installing pipelines may be needed for proper water applications. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat and is summer faliowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch fanning, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by b grama. Several mid grasses, such as western wheatgn and needleandthread, are also present. Potential prod tion ranges from 1,600 pounds per acre in favorable ye: to 1,000 pounds in unfavorable years. As range condit. deteriorates, the mid grasses decrease; blue grama, b falograss, snakeweed, yucca, and fringed sage increa and forage production drops. Undesirable weeds and nuals invade the site as range condition becomes poorez Management of vegetation on this soil should be bat on taking half and leaving half of the total annual prod tion. Seeding is desirable if the range is in poor conditi Sideoats grama, little bluestem, western wheatgrass, b grama, pubescent wheatgrass, and crested wheatgrass : suitable for seeding. The grass selected should meet 1 seasonal requirements of livestock. It can be seeded ii a clean, firm sorghum stubble, or it can be drilled int, firm prepared seedbed. Seeding early in spring 1 proven most successful. Windbreaks and environmental plantings of trees a shrubs commonly grown in the area are generally in suited to this soil. Cultivation to control compet vegetation should be continued for as many years possible following planting. Trees that are best suited a have good survival are Rocky Mountain juniper, east( redcedar, ponderosa pine, Siberian elm, Russian -olive, hackberry. The shrubs best suited are skunkbush sum lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. I cropland areas provide favorable habitat for ring-necl pheasant and mourning dove. Many nongame species c be attracted by establishing areas for nesting and esca cover. For pheasants, undisturbed nesting cover is ess' tial and should be included in plans for habitat devel ment, especially in areas of intensive agriculture. Ran; land wildlife, for example, the pronghorn antelope, can attracted by developing livestock watering faciliti managing livestock grazing, and reseeding where neede This soil has good potential for urban and recreatio development. Increased population growth in the sun area has resulted in increased homesite construction. 'I chief limiting soil feature for urban development and ix construction is the limited capacity of this soil to supp a load. Septic tank absorption fields function properly, 1 community sewage systems should be provided if I population density increases. Because of the permeabil of the substratum, sewage lagoons must be seal Lawns, shrubs, and trees grow well. Capability subcl: Ile irrigated, IVe nonirrigated; Loamy Plains range sit( 33 —Kim loam, 3 to 5 percent slopes. This is a de well drained soil on plains and alluvial fans at elevatic of 4,900 to 5,250 feet. It formed in mixed eolian depos and parent sediment from a wide variety of bedrock. eluded in mapping are small areas of soils that ha loamy sand underlying material. Typically the surface layer is brown and pale bro loam about 10 inches thick. The upper 28 inches of the derlying material is pale brown loam. The lower part ti depth of 60 inches is pale brown fine sandy loam. 24 SOIL SURVEY Permeability is moderate. Available water capacity is Igh. The effective rooting depth is 60 inches or more. urface runoff is medium, and the erosion hazard is moderate. In irrigated areas this soil is suited to crops commonly grown in the area. Perennial grasses and alfalfa or close grown crops should be grown at least 50 percent of the time. Contour ditches and corrugations can be used in ir- rigating close grown crops and pasture. Furrows, contour furrows, and cross slope furrows are suitable for row crops. Sprinkler irrigation is also suggested. Keeping til- lage to a minimum and utilizing crop residue help to con- trol erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- alfalograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- • ment, especially in areas of intensive agriculture. Range- land wildlife, for -example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has good potential for urban and recreational development. Increased population growth in the survey area has resulted in increased homesite construction. The chief limiting soil featurefor urban development and road construction is the limited capacity of this soil to support a load. Septic tank absorption fields function properly, but community sewage systems should be provided if the population density increases. Because of the permeability of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability subclass IIIe irrigated, IVe nonirrigated; Loamy Plains range site. 34 —Kim loam, 5 to 9 percent slopes. This is a deep, well drained soil on plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian deposits and parent sediment from a wide variety of bedrock. In- cluded in mapping are small areas of soils that have loamy sand underlying material. Typically the surface layer is brown and pale brown loam about 10 inches thick. The upper 25 inches of the un- derlying material is pale brown loam. The lower part to a depth of 60 inches is pale brown fine sandy loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is rapid, and the erosion hazard is moderate. This soil is suited to limited cropping. Intensive cropping is hazardous because of erosion. The cropping system should be limited to such close grown crops as al- falfa, wheat, and barley. This soil also is suited to ir- rigated pasture. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nurse crop. Close grown crops can be irrigated from closely spaced contour ditches or sprinklers. Contour furrows or sprin- klers should be used for new crops. Applications of nitrogen and phosphorus help in maintaining good produc- tion. The potential native vegetation is dominated by blue grama. Sideoats grama, little bluestem, western wheat - grass, and sedge are also prominent. Potential production ranges from 1,800 pounds per acre in favorable years to 1,500 pounds in unfavorable years. As_range condition deteriorates, the sideoats grama and little bluestem decrease; forage production drops; and blue grama, buf- falograss, and several perennial forbs and shrubs in- crease. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- ing is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, and pu- bescent wheatgrass are suitable for seeding. The grass selected should meet the seasonal needs of livestock. It can be seeded into a clean, firm sorghum stubble, or it SOIL SURVEY 32 e �ocky Mountain juniper, Rusieastern redcedar, hackberry. rosa The condit on deteriole years to rates, heounds ln sad blues em, sand reedgravorable years. As ss, pSiberian elm, Russian -olive, and hackberrye asses invade shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass sand sage incease.sAnnualweeds and grasndses dropseed, an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Olney soil. This soil has good potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability class I irrigated. 47 —Olney fine sandy loam, 1 to 3 percent slopes. This is a deep, well drained soil on plains at elevations of 4,600 to 5,200 feet. It formed in mixed outwash deposits. Included in mapping are small areas of soils that have a dark surface layer. Some small leveled areas are also in- cluded. Typically the surface layer of this Olney soil is grayish brown fine sandy loam about 10 inches thick. Thesubsoil yellowish brown and very pale brow n sandy c y loam crup out 14 eryebrown, calcareous fine sandyth 60 beeatt attraasant cted establishing areas for nesting andescape inches is very pale y For pheasants undisturbed nesting cover is essen- .vater eauacity are Permeability and available moderate. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An exam- ple of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines may be needed for proper water application. All methods of irrigation are suitable, but furrow irrigation is the most common. Barnyard manure and commercial fer- tilizer are needed for top yields. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low 1 f beneficial use of fertilizer. the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, and pubescent wheatgrass are suita- ble for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled to oaa firm prepared seedbed. Seeding early spring s proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil. blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. use of this soil. The Wildlife is an important secondary land areas provide favorable habitat for ring-necked and minimum til- Stubble mulch farming, striperopping, lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation on this range site is soil is yellowish brown and very pale dominated by sand bluestem, sand reedgrass, and blue loam about 12 inchespale brown, calcareous fineto a sandy 1pth of and he Needleandthread, also prominent. rosideoats inent t Potential 60inches is Permeabilit very and available water capacity are and western from rasa are also p al production ranges fr2,200 pounds per acre in favors- moderate. The effective rooting depth is 60 inches or cover. tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, facilities,nbe attracted by developing livestock watering managing livestock grazing, and reseeding where needed. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of the Olney soil. This soil has good potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass Ile irrigated, IVe nonirrigated; Sandy Plains range site. 48 —Olney fine sandy loam, 3 to 5lfercent slopes. This is a deep, well drained soil on plains at elevations of 4,600 to 5,200 feet. It formed in mixed outwash deposits. Included in mapping are small areas of soils that have a dark surface layer and small areas of soils that have sandstone and shale within a depth of 60 inches. Typically the surface layer of this Olney soil is grayish brown fine sandy clay loam about 8 inches thick. The sub - fine sandy • • �C MEMORANDUM • !MC TO: Planning Commissioners c? 3/3/2009 OOLOEtADO FROM: Chris Gathman — Planner Ill e.5A SUBJECT: Proposed Amendments to USR-1680 Resolution The Department of Planning Services recommends that the following conditions be added to the USR-1680 resolution as Development Standard #4: "The applicant shall submit a copy of a recorded waterline easement for the 36 -inch distribution line prior to construction of the water tank(s)." (Department of Planning Services) • • • EXHIBIT I uSR`!G O • • • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS January 25, 2009 (Reposted February 20, 2009). THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1680 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) � N\ The foregoing instrument was subscribed and sworn to me this 3 ''day of 1 ` fr(Jr 1 , 2009. WITNESS my hand and official seal. My Commission Expires 10-14-2011 My Commission Expires: Pub BEII IM3Y SALZMAN • EXHIBIT I vS'i €O Chris Gathman From: (tient: o: Cc: Subject: bluemax18@comcast.net Sunday, February 01, 2009 9:20 AM Chris Gathman ken.matthews@santec.com Re: USR-1680 application and referrals EXHIBIT I Chris, I am faxing over the notifciation card right now. Please confirm reciept so I know you have a copy. Also, on the web site, the date stills shows Feb 3rd for the hearing. Can you please confirm this date will be postponed until further notice or is March 3rd confirmed? Thank you, Doug Nagle Original Message From: "Chris Gathman" <cgathman@co.weld.co.us> To: bluemaxl8@comcast.net Sent: Friday, January 30, 2009 4:43:06 PM GMT -07:00 US/Canada Mountain Subject: RE: USR-1680 application and referrals Doug, I have done some further looking/digging into this and found out that the metering is done through a County Department (not the post office) - therefore the date 1/26/2009 would ave been affixed from a County Department. This being the case we would need to continue this case because notice was not mailed out at least 10 days prior to the hearing (the next probable hearing date would be March 3). If you wouldn't mind, could you either fax (304-6498) or have somebody drop off a copy of the notice card (at 918 10th Street) that you received. Thank you and sorry for the inconvenience that this has caused. Sincerely, Chris Gathman Original Message From: bluemax18@comcast.net [mailto:bluemaxl8@comcast.net] Sent: Friday, January 30, 2009 11:33 AM To: Chris Gathman Cc: bluemax18@comcast.net Subject: Re: USR-1680 application and referrals Chris, Any update on the proposal hearing postponement? I would like to know as soon as possible. Also, I have reviewed this proposal in more detail and I can tell you that this responses to specific questions in regards to the structure, impact to surroundings and potential .noise are both naive and un practical. To think or suggest that 2 huge, massive steel structures 32 feet tall and over 160' {feet} around, would not have impact on the surrounding areas, neighbor's and people who 1 live in the vicinity is to 'ak without common sense or avoia the obvious for the betterment of other purposes. My attorney is reviewing this proposal in detail and again, since we were notified late based on the requirement of 10 days, I request a postponement in order to have more time to prepare for this hearing. Please call me if you have any questions. Doug Nagle Original Message From: "Chris Gathman" <cgathman@co.weld.co.us> To: bluemaxl8@comcast.net Sent: Thursday, January 29, 2009 4:18:27 PM GMT -07:00 US/Canada Mountain Subject: USR-1680 application and referrals Mr. Nagle, I wasn't sure if you were aware of this or not but you can look up the USR-1680 application on our website. The application, referrals and staff recommendation have been scanned in. The link to the application is as follows: http://www.co.weld.co.us/departments/planning/Planning/plan_current.html. Sincerely, Chris Gathman Planner III 2 • • Chris Gathman From: Sent: o: Subject: • Cathy Kawakami [thekawakamis@msn.com] Tuesday, February 03, 2009 9:39 AM Chris Gathman Case #USR-1680 (being heard today) Dear Mr. Gathman, I received a notice in my mailbox yesterday from a local resident regarding Case USR-1680 - the two 5 -million gallon water tanks proposed for CR 13 and Vine. We live on CR 3 and Vine, which is one intersection west from CR13. We were completely surprised that such large tanks are being proposed so close to our neighborhood, and within our eastern -facing view. We did not have sufficient notice to attend today's hearing, nor do we have all of the facts. However, upon reading the proposal on the Weld County planning website, we are adamantly opposed to such a large obstruction being built in our neighborhood area. We understand that the county is only liable to notify residents within 500 feet of the proposed location; however, this tall and wide obstruction will be able to be seen for a several -mile radius. The county should have, as a mere courtesy, notified surrounding area residents. We are deeply disappointed that a project of this magnitude could move forward without more input from local residents. We ask that your office provide us with more information (diagrams?) and an opportunity for our voices to be heard in the very near future. Thank you, Cathy Kawakami 5910 Linden View Court Fort Collins, CO 80524 Windows LiveTM Hotmail®...more than just e-mail. See how it works. <http://console.mxlogic.com/redir/?b3WtS1Og9JBBd-UVNcS03ciwxkNg-hD- nMDkNapyIiJ2lrige1830A118w4wGdyE2xklCCaARhkhrFczmp3VP-8GjGoBcNm9mwHt5eZPhOrLRS6bK3DQT6j tPs OvBtcg1Rm10kHi 7bCS1PBPgarbbwUQsEELCSm3oBJfd4061co1pt5NWVEwd513Vg8Cy0D- Ngd44WEgmd59KvxYYmfSk3g9J4SOOC_ssyyrTTs7> • 1 Chris Gathman From: Sent: To: Subject: Erick Johnson [ejsculptureworks@earthlink.net] Tuesday, February 03, 2009 10:21 AM Chris Gathman Case # USR_1680 To whom It May Concern: We oppose the prospected 5 Million Gallon Water Tank to be built on CR RD 13th and Vine . Please consider all the homeowners rights before moving this tank to a more appropriate location. We have scrimped and saved our whole lives to be out in the free vista of beautiful Northern Colorado. We live for the views and savor and worship of the solitude and untouched prairie lands around us. Please do not infringe on the area that people are trying to preserve and enjoy ! Be considerate and move it to a less popular and important land site further east . Sara and EJ Johnson 1 Chris Gathman • • From: Sent: o: Subject: ancel.lewis [ancel.lewis@worldnet.att.net] Friday, February 06, 2009 9:33 AM Chris Gathman Case no. USR-1680 I wish to appear at the hearing on March 3,2009 to protest the above proposal . Ancel W. Lewis Jr.. 6510 WCR 86 Ft.Collins CO 80524 H 482 4727 Off. 482 2841 Please acknowledge this email and let me know the time to appear. Thank You. 1 Qtiu 4 a • Wald County Planning Department GREELEY OFFICE MFR 2420119 RECEIVED std • t � eat / 7 191.e ieQ.) Q � /retie ic�-a xL t2E'p alL Aet Ito -Gera % &a!z r�uczc c e e . lc�t ,"ttc/y /Z. _ 4(e_ Luc &-976t-nae-ca _ useA( "irltee 'ac • • We/the undersigned,want to state our opposition to the proposed 5 million gallon water tanks which North Weld County Water District plans to install in our neighborhood. We want to encourage the District to consider the second site, located at the corner of Road 84 & Road 15. i, 4 /O) Ad ?iii c %/ 9 9 v wale.. -7'1 /3 1 eeS q7o—a?-q- 5- 953 J -1 cp 6 3 z>. C/ 5 w a5.2 ?76_ ygQ- g59R we 2 1.3 /5 91a yg7 .. ecl 6 butt &6 A- ea/O La (cos 617U-2- etu sT 1 s T� 712_5 0i7o- 3“--/ 20 / b i 7 C 7 ,>'-mss .ka CJ > c r, rt. co l_L tn9 S , C 97o - 3 77-;I$ p kteC to 17 7 AktiLA-a- CA,.t., . CA_ c1-)o-y1a-4 4'7 0500 WGZ 5& Sic C 86 -1 f -L4 tai C (2, i s We the undersigned want to state our opposition to the proposed 5 million gallon water tanks which North Weld County Water District plans to install in our neighborhood. We want to encourage the District to consider the second site, located at the corner of Road 84 & Road 15. C - .041 rzz z5 VI '5 i 4//f,i'S aTC!t� i 5 /e HI k () LA.) ciR /S I Chris Gathman From: tent: o: Subject: doug.nagle [doug.nagle@gss-global.net] Friday, February 27, 2009 2:31 PM Chris Gathman RE: Second Revision to Plat, USR 1680 Chris, Doesn't this seem interesting that it is not finalize 2 days prior to the hearing? I would like this letter passed along to board voting on this proposal as well. Why wouldn't it be finalized at this point in time when they are asking for approval? Maybe because it runs right across people's property lines as in previous communications. Does anyone on the board want a 36 inch pipe connected to 2 5 million gallon tanks on their property? I would think not. Again, I strongly suggest this structure is relocated and the board takes under consideration the opinion, feedback and financial impacts to the people who live in this area. It has been very clear and evident through the lack of concern and sensitivity from the Weld County Water depart that these Two mind you not one but TWO, 160 foot round 32' high structures will have little to no impact on surrounding areas. WHAT A JOKE!!! Is there anyone who believes this? We can discuss on March 3rd but it appears again, it's what we don't know that will hurt us. Doug Original Message illIFrom: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, February 27, 2009 2:22 PM To: doug.nagle Subject: RE: Second Revision to Plat, USR 1680 Doug, One set of waterlines (36") is indicated within the boundaries of the water easement running along the north side of the site. I received a response from the representative for North Weld County Water that exact location of the proposed 36" waterline location running to the southwest off of the property has not yet been finalized at this time. That is why this waterline is not shown on the updated drawing. Chris Original Message From: doug.nagle [mailto:doug.nagle@gss-global.net] Sent: Friday, February 27, 2009 1:57 PM To: Chris Gathman Subject: RE: Second Revision to Plat, USR 1680 Thank you. Is there any reason that the piping from and to the tanks is not on the new revision or am I missing this? Doug Original Message rom: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, February 27, 2009 1:37 PM To: doug.nagle Subject: RE: Second Revision to Plat, USR 1680 1 Chris Gathman From: Sent: To: Subject: Chris, Matthews, Ken [ken.matthews@stantec.com] Saturday, February 28, 2009 11:23 AM Chris Gathman USR-1680 The e-mail serves as a formal objection to proposed development plan for the referenced case. The following are specific exceptions to statements in the application: Site Specific Development Plan and USR Questionnaire 2. Weld County Chapter 22 - The answer states that the proposed location is not somewhat isolated. There are several rural residences and a new estate lot subdivision within a quarter mile of the proposed site. There are other location with more isolation in the area. 4. Two 165 ft diameter 32 tall steel water tanks are not compatible with the rural residences. USR Supplemental Questions 2. There will be extensive adverse effects to the development of the surrounding area. The placements of the above ground tanks on a ridge will effect the views of all of the surrounding properties thus making the properties less valuable and less likely to develop. The existing developed lots will be less likely to sell with the proposed eyesore positioned on an adjacent ridge -line. 3. Further efforts to mitigate negative impacts could be taken. There are areas with acceptable elevations in the general vicinity that would not be on a pronounced ridge. For example, the tank could be located further north and instead of a ridge line in a valley. Another location could be west of CR13 in or north of the Dye Crest Dairy property. Another could be south and east along Larimer County Canal into Section 8 adjacent to the existing radio/microwave towers. That existing vertical obstruction already clutters the horizon. 7. After reviewing the Engineering report Transmission Waterline Analysis - 2007, it is clear that very little went into a siting study for this tank. Just over half a page was dedicated to alternative sites. There was no formal cost comparison. The criteria used was a range of elevation (that is understandable and acknowledged); a negative grade on the pipeline leaving the tank site (this is not clear. With water going to and from the tank being under pressure, what difference does the pipe grade have?); tank location close to the distribution system (this is understandable and acknowledged). There was not quantification of any of the criteria. In addition, one of the more important criteria being impacts to local housing and population, was not formally addressed at all. There was no evaluation of reduction in property values from one site to another. There was no comparison of adverse effects to specific numbers of residential structures from one site to another. Another item that was missing was the evaluation of different types of tanks. The assumption was an above ground steel tank. Why was a buried tank not considered? The NWCWD is estimating costs for the tank farm to exceed $10,000,000. This level of investment and this extensive of a facility should have a much more extensive evaluation of the proposed site and configuration. It is my intention to attend the planning meeting on Tuesday of next week. I have a 3:00 meeting in Westminster that same day. If I am unable to make the comment period at the end of the meeting, I would request that the above comments be submitted for myself and all residences at 6175 Pheasant Crest Drive, Fort Collins CO 80524. Thanks for your help with this issue. Ken Matthews 1 Chris Gathman From: Sent: o: Subject: Matthews, Ken [ken.matthews@stantec.com] Saturday, February 28, 2009 11:23 AM Chris Gathman USR-1680 Chris, The e-mail serves as a formal objection to proposed development plan for the referenced case. The following are specific exceptions to statements in the application: Site Specific Development Plan and USR Questionnaire 2. Weld County Chapter 22 - The answer states that the proposed location is not somewhat isolated. There are several rural residences and a new estate lot subdivision within a quarter mile of the proposed site. There are other location with more isolation in the area. 4. Two 165 ft diameter 32 tall steel water tanks are not compatible with the rural residences. USR Supplemental Questions 2. There will be extensive adverse effects to the development of the surrounding area. The placements of the above ground tanks on a ridge will effect the views of all of the surrounding properties thus making the properties less valuable and less likely to develop. The existing developed lots will be less likely to sell with the proposed eyesore positioned on an adjacent ridge -line. 3. Further efforts to mitigate negative impacts could be taken. There are areas with acceptable elevations in the general vicinity that would not be on a pronounced ridge. •For example, the tank could be located further north and instead of a ridge line in a valley. Another location could be west of CR13 in or north of the Dye Crest Dairy property. Another could be south and east along Larimer County Canal into Section 8 adjacent to the existing radio/microwave towers. That existing vertical obstruction already clutters the horizon. 7. After reviewing the Engineering report Transmission Waterline Analysis - 2007, it is clear that very little went into a siting study for this tank. Just over half a page was dedicated to alternative sites. There was no formal cost comparison. The criteria used was a range of elevation (that is understandable and acknowledged); a negative grade on the pipeline leaving the tank site (this is not clear. With water going to and from the tank being under pressure, what difference does the pipe grade have?); tank location close to the distribution system (this is understandable and acknowledged). There was not quantification of any of the criteria. In addition, one of the more important criteria being impacts to local housing and population, was not formally addressed at all. There was no evaluation of reduction in property values from one site to another. There was no comparison of adverse effects to specific numbers of residential structures from one site to another. Another item that was missing was the evaluation of different types of tanks. The assumption was an above ground steel tank. Why was a buried tank not considered? The NWCWD is estimating costs for the tank farm to exceed $10,000,000. This level of investment and this extensive of a facility should have a much more extensive evaluation of the proposed site and configuration. It is my intention to attend the planning meeting on Tuesday of next week. I have a 3:00 meeting in Westminster that same day. If I am unable to make the comment period at the end of the meeting, I would request that the above comments be submitted for myself and all residences at 6175 Pheasant Crest Drive, Fort Collins CO 80524. .Thanks for your help with this issue. Ken Matthews Weld CoulIanning Department GREELEY OFFICE • FEB 18 7nna Ft ( es//,'ns, CC 8c:75ay RECEIVED Fe4--u,ry 17, ace2 ei,o t c 7Zte %cI Cc/ko9u 1t /ylay (c0hoern? �% (c'7sG ex/?ress vzaa, ��s,rx l/ T' /^ v� � sew_ 5 net; �� L�/;�trt'(� 1,��-�.f� °��tie,�s t a. wetr Nor o// r L_ (Liz (G` � t 'a -z i�t /d aFr recfLc j a- C /7u/ ,4ttoc del Le- /Ocat: ri evly,ft7` 't //-e_ / izt6ed(e_ v -f tcr rur&/ /res/a u-1/4(_he..t76her/t®o ,y/ t g.? k«rxz_s cu,'/(-k...'/vim/pa/ceee4/ kn . �/ /ou<&' v;.' ecc e I 4 -en, C} J leak LZ. /6_ Reel/es zo Ir O /eole.J .6%.__. _... t ycttts tr is Ka -6.-4'A. el Tea /-7GtG E /_ /4 lam! /v.e.es 1J,�1a-OOef. R kecc ," i4 / t // he/ do nc4 71 ,' JcC�C / ielf- ,t21heG7` 4172 titer/' Sroce!(-Li/ "ea_, &s,c&es biz/ Jig eyesore, >1%i f zc);// ty «ff'eo-1ur c- crote- 9 &/ es cie -se /lccll ecso faL7 &fire%itsAie arcet /rcLo'64ei y /a 2r//hour 4a(lc7rs c- Gear cr v',,4$ athove- /`2vti /trite, yes, ( do SctIe) -t ititl, ke .eetfs c.aL-at apit? . Icka/ . ctfcreeta/e e, t s *'Le re `7kct- %c-n4P_ tL e-719 } 'f(eedzet GL�a-7;.r c jwt/a/a/ etIse LLi6-'iRt a_n e asiz.z{07.G'Z.l cz Cre's5 Pi -1y t fbLrc(. of .3G It /,motL , _746te Lt./Jr 6 `st re t e 4z_7taa re_ O1 -e -t, " e. t ape f il_ie t / 1L((2_ kttbzj `Eke_� /Is trl'cr AQc Cc c; cente CiC,ce Safe_ yz n Ile t 7`>� j'oc_/L eet 4R. /3 ate''rCoa f' %Marra are Gt.o es re it uu/'5,' 6 /"/ %s t c4 /a > % Y1/4/, e7` -c7 ( t *c Q � ata t i ejje[ l or-ot.S �z ir t e i' v S 7�'aL 7L.e.GueG-c 7 l Ske Irr 6LP_t1C (op/avt Vi/Z1%= like_ 1---e_ >L6u=t- ,5kerae('.p C(i0esc // cJl/o /< Korea-rty--occ GEORGE H. OTTENHOFF KENNETH F. LIND KIM R. LAWRENCE P. ANDREW JONES JAMES D. BRAMER* CLINTON P. SWIFT KELLY J. CUSTER 'Also admitted in Wyoming +Also admitted in Wisconsin • • LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE, SUITE 200 WINDSOR, COLORADO 80550 TELEPHONE 970-674-9888 TELECOPIER: P I ER: 970-674-9535 chrys@Ilolaw.com W WW. LLOLAW. COM 721 EAST LINCOLN WAY CHEYENNE, WY 82001 TELEPHONE: 307-635-2480 January 15, 2009 WELD COUNTY DEPT. OF PLANNING SERVICES 918 10th Street Greeley, CO 80631 ATTN: Chris Gathman, Planner Re: RE 4859 and USR 1690, pt. SW 1/4 , Section 6, T7N, R67W Dear Mr. Gathman: Weld County Planning Departmei GREELEY OFFICE .IAN 16?nn,q RECEIVED BRADLEY C. GRASMICK DAVID P. JONES CHRYSTEN S. HINZE MEGAN R. PETERSON+ This letter serves to address the comments and concerns of the Water Supply and Storage Company with reference to the above -stated Recorded Exemption and pending Use by Special Review Application. Subsequent to their letter of November 19, 2008, representatives of the Water Supply and Storage Company and North Weld County Water District met concerning the combined RE/USR application. At the meeting it was determined that Water Supply and Storage Company's concerns in this matter are with respect to any potential crossing of the ditch. by water transmission lines from the water tank site to service the North Weld County Water District. Such concerns are addressed as follows: First, there is presently no proposed installation of transmission lines which would necessitate crossing subject ditch concerning this site. Second, should the District find the installation of any transmission lines require crossing the ditch, the District will maintain its standing practice of doing so in accordance with Colorado law, and will do so only pursuant to a written agreement with the Water Supply ana Storage Company. Sincerely, e>r1 - & OTTENHOFF, LLP Chryst S. Hinze CC: North Weld County Water District Water Supply and Storage Company Ted and Jamie Simmons James Martell, Esq. EXHIBIT I The Law Office of DOUGLAS D. KONKEL 1405 S. College Avenue, Suite 1 Fort Collins, Colorado 80524 Phone: (970) 493-8484 Fax: (970) 493-8598 email: dougkonkel(comcast.net February 9, 2009 Weld County Department of Planning Services Attn: Chris Gathman, Planner 918 10th Street Greeley, CO 80631 Weld County Planning Department GREELEY OFFICE RECEIVED Re: Case # USR-1680 North Weld County Water District Project for two 5 million gallon storage tanks approximately 1/8 mile east of CR 13 and '/: mile south of CR 86 Dear Mr. Gathman: I represent Margaret Schneider, the owner of the land north of the proposed project. My client objects to the location of the proposed tanks on the proposed site. During the course of the condemnation action currently pending in Weld County District Court, Case No. 08CV199, the Water District promised to provide landscaping to screen the tanks from view from my client's property. However, the proposed landscaping plan submitted to Weld County does not provide any screening. My client requests that Weld County require landscape screening along the north and east sides of the site in order to screen the view of the tanks from my client's property. The Water District has proposed Austrian pines 20-30 feet in height and 10-15 feet in diameter to screen the view from the property to the south, but proposes only shrubs north of the tanks. My client believes that the same Austrian pines should be used to screen the view from the north. Hopefully you can make sure that all surrounding property owners are protected in the same fashion as the owner to the south. Also, during condemnation proceedings, the Water District agreed to design and construct the road and storm drainage improvements. (See attached excerpts from the transcript.) EXHIBIT Page 2 My client requests that Weld County require the road be constructed per Weld County Road Standards, and that storm drainage and construction issues be adequately addressed as part of the Special Review. Sincerely, 3 Douglas D. Konkel DDK/td Enclosure d I I S • EXCERPTS FROM REPORTER'S TRANSCRIPT Immediate Possession Hearing - July 10, 2008 North Weld County Water District v. Schneider, et al. Weld County District Court, Case No. 08CV199 Alan Overton: "The District is going to have a fairly substantial road to be able to bring equipment in to construct the tank site, and that's the need for the roadway." (p. 13) Alan Overton: "Once the tanks are constructed, the road would be maintained by the District in perpetuity." (p. 14) Douglas Konkel: "Are you going to gate the road so the livestock can't get out? Alan Overton: "Yes." (p. 46) Douglas Konkel: "Now, how are we going to keep my clients' livestock from getting out?" Alan Overton: "The District would be responsible to put gates and barricades in at that time." (p. 49) Re: Improvements requested by Mrs. Schneider: Alan Overton: "Some were necessary and the District said yeah, we're going to have to pay for those and put those in, but the rest of the stuff, as far as the number of trees and the demands on how to build the road and the new fence was not, in our regards, necessary, and the water tap in addition to the payment was beyond reasonable." (pp. 49- 50) Douglas Konkel: "So the road is for the sole use of the District. It will be used once a week and maybe once every five years for the maintenance or something like that, is that correct?" Alan Overton: "Yes." (p. 50) Douglas Konkel: "And the District will maintain the road?" Alan Overton: "Yes." (p. 50) Douglas Konkel: "So tell me what kind of road are you going to build?" Alan Overton: "We're not at that point yet. We're still at the point of obtaining the tank site and that will come with design of the tank site, that construction." (pp. 50-51) Alan Overton: "It would probably be similar more to the county gravel roads there." (p. 51) Alan Overton: "The road design will take into account drainage issues also, and we didn't have objections to that." (p. 54) 1 • • Douglas Konkel: "... because my clients want to know there is drainage swales and some way to evacuate storm drainage so the rest of their property isn't flooded when it rains. What have you done to assure my clients that won't happen?" Alan Overton: "That will be addressed with the use special review and construction of the road." (p. 55) Douglas Konkel: "What about road base? .....fugitive dust ....." Alan Overton: "Again, the road has not been designed. Most likely will be a gravel road surface." (p. 56) Douglas Konkel: "... Your going to gate it, apparently, at both ends, is that correct?" Alan Overton: "That's correct. That's what existing." (p. 57) Douglas Konkel: " But you would agree that if you altered any storm drainage patterns that you would be responsible for correcting those and returning and restoring the historic drainage patterns, correct?" Alan Overton: "Yes, sir." (p. 58) Douglas Konkel: "No matter what the costs, correct?" Alan Overton: "Correct." (p. 58) Douglas Konkel: "... So if they don't put the drainage swales in and do it right, there is going to be damage to the remainder, right?" West Foster: "Correct" (p. 86) Douglas Konkel: "...if they build those tanks as part of this project and they're visible from my client's house, ..." West Foster: "...that four -inch water line is going to supply irrigation water to the landscaping that surrounds those tanks. So it seems to me, from what I heard in prior testimony, they're taking an effort to landscape around these tanks." (pp. 86-87) Douglas Konkel: "So you thought that they were going to put landscaping surrounding the tanks that would make them more aesthetically pleasing, is that what you're saying?" West Foster: "That's what I'm saying." Douglas Konkel: "And that's why you didn't find any damage to the remainder." West Foster: "Correct." (pp. 88-89) 2 Chris Gathman From: St: en o: Cc: Subject: bluemax18@comcast.net Sunday, February 01, 2009 9:20 AM Chris Gathman ken.matthews@santec.com Re: USR-1680 application and referrals Chris, I am faxing over the notifciation card right now. Please confirm reciept so I know you have a copy. Also, on the web site, the date stills shows Feb 3rd for the hearing. Can you please confirm this date will be postponed until further notice or is March 3rd confirmed? Thank you, Doug Nagle Original Message From: "Chris Gathman" <cgathman@co.weld.co.us> To: bluemax18@comcast.net Sent: Friday, January 30, 2009 4:43:06 PM GMT -07:00 US/Canada Mountain Subject: RE: USR-1680 application and referrals Doug, I have done some further looking/digging into this and found out that the metering is done through a County Department (not the post office) - therefore the date 1/26/2009 would •ave been affixed from a County Department. This being the case we would need to continue his case because notice was not mailed out at least 10 days prior to the hearing (the next probable hearing date would be March 3). If you wouldn't mind, could you either fax (304-6498) or have somebody drop off a copy of the notice card (at 918 10th Street) that you received. Thank you and sorry for the inconvenience that this has caused. Sincerely, Chris Gathman Original Message From: bluemaxl8@comcast.net [mailto:bluemaxl8@comcast.net] Sent: Friday, January 30, 2009 11:33 AM To: Chris Gathman Cc: bluemaxl8@comcast.net Subject: Re: USR-1680 application and referrals Chris, Any update on the proposal hearing postponement? I would like to know as soon as possible. Also, I have reviewed this proposal in more detail and I can tell you that this responses to specific questions in regards to the structure, impact to surroundings and potential •oise are both naive and un practical. To think or suggest that 2 huge, massive steel structures 32 feet tall and over 160' {feet} around, would not have impact on the surrounding areas, neighbor's and people who 1 live in the vicinity is to sptlik without common sense or avoicSe obvious for the betterment of other purposes. My attorney is reviewing this proposal in detail and again, since we were notified late oased on the requirement of 10 days, I request a postponement in order to have more time o prepare for this hearing. Please call me if you have any questions. Doug Nagle Original Message From: "Chris Gathman" <cgathman@co.weld.co.us> To: bluemaxl8@comcast.net Sent: Thursday, January 29, 2009 4:18:27 PM GMT -07:00 US/Canada Mountain Subject: USR-1680 application and referrals Mr. Nagle, I wasn't sure if you were aware of this or not but you can look up the USR-1680 application on our website. The application, referrals and staff recommendation have been scanned in. The link to the application is as follows: http://www.co.weld.co.us/departments/planning/Planning/plan_current.html. Sincerely, •hris Gathman Planner III • 2 • • Chris Gathman From: 'rent: o: Subject: Cathy Kawakami [thekawakamis@msn.com] Tuesday, February 03, 2009 9:39 AM Chris Gathman Case #USR-1680 (being heard today) Dear Mr. Gathman, I received a notice in my mailbox yesterday from a local resident regarding Case USR-1680 - the two 5 -million gallon water tanks proposed for CR 13 and Vine. We live on CR 3 and Vine, which is one intersection west from CR13. We were completely surprised that such large tanks are being proposed so close to our neighborhood, and within our eastern -facing view. We did not have sufficient notice to attend today's hearing, nor do we have all of the facts. However, upon reading the proposal on the Weld County planning website, we are adamantly opposed to such a large obstruction being built in our neighborhood area. We understand that the county is only liable to notify residents within 500 feet of the proposed location; however, this tall and wide obstruction will be able to be seen for a several -mile radius. The county should have, as a mere courtesy, notified surrounding area residents. We are deeply disappointed that a project of this magnitude could move forward without more input from local residents. We ask that your office provide us with more information (diagrams?) and an opportunity for our voices to be heard in the very near future. Thank you, Cathy Kawakami 5910 Linden View Court Fort Collins, CO 80524 411 Windows Live"" Hotmail®...more than just e-mail. See how it works. <http://console.mxlogic.com/redir/?b3WtS1Og9JBBd-UVNcS03ciwxkNg-hD- nMDkNapyIiJ2lrige1830A118w4wGdyE2xklCCaARhkhrFczmp3VP-8GjGOBCNm9mwHt5eZPhOrLRS6bK3DQT6jtPs OvBtcglRml0kHi7bCS1PBPgarbbwUQsEELCSm3oBJfd4061co1pt5NWVEwd513Vg8Cy0D- Ngd44WEgmd59KvxYYmfSk3g9J4SOOC_ssyyrTTs7> • 1 Chris Gathman From: art: o: Subject: doug.nagle [doug.nagle@gss-global.net] Friday, February 27, 2009 2:31 PM Chris Gathman RE: Second Revision to Plat, USR 1680 Chris, Doesn't this seem interesting that it is not finalize 2 days prior to the hearing? I would like this letter passed along to board voting on this proposal as well. Why wouldn't it be finalized at this point in time when they are asking for approval? Maybe because it runs right across people's property lines as in previous communications. Does anyone on the board want a 36 inch pipe connected to 2 5 million gallon tanks on their property? I would think not. Again, I strongly suggest this structure is relocated and the board takes under consideration the opinion, feedback and financial impacts to the people who live in this area. It has been very clear and evident through the lack of concern and sensitivity from the Weld County Water depart that these Two mind you not one but TWO, 160 foot round 32' high structures will have little to no impact on surrounding areas. WHAT A JOKE!!! Is there anyone who believes this? We can discuss on March 3rd but it appears again, it's what we don't know that will hurt us. Doug Original Message •rom: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, February 27, 2009 2:22 PM To: doug.nagle Subject: RE: Second Revision to Plat, USR 1680 Doug, One set of waterlines (36") is indicated within the boundaries of the water easement running along the north side of the site. I received a response from the representative for North Weld County Water that exact location of the proposed 36" waterline location running to the southwest off of the property has not yet been finalized at this time. That is why this waterline is not shown on the updated drawing. Chris Original Message From: doug.nagle [mailto:doug.nagle@gss-global.net] Sent: Friday, February 27, 2009 1:57 PM To: Chris Gathman Subject: RE: Second Revision to Plat, USR 1680 Thank you. Is there any reason that the piping from and to the tanks is not on the new revision or am I missing this? Doug Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, February 27, 2009 1:37 PM To: doug.nagle Subject: RE: Second Revision to Plat, USR 1680 1 Chris Gathman From: Sent Subject: Chris, Matthews, Ken [ken.matthews@stantec.com] Saturday, February 28, 2009 11:23 AM Chris Gathman USR-1680 The e-mail serves as a formal objection to proposed development plan for the referenced case. The following are specific exceptions to statements in the application: Site Specific Development Plan and USR Questionnaire 2. Weld County Chapter 22 - The answer states that the proposed location is not somewhat isolated. There are several rural residences and a new estate lot subdivision within a quarter mile of the proposed site. There are other location with more isolation in the area 4. Two 165 ft diameter 32 tall steel water tanks are not compatible with the rural residences. USR Supplemental Questions 2. There will be extensive adverse effects to the development of the surrounding area. The placements of the above ground tanks on a ridge will effect the views of all of the surrounding properties thus making the properties less valuable and less likely to develop. The existing developed lots will be less likely to sell with the proposed eyesore positioned on an adjacent ridge -line. 3. Further efforts to mitigate negative impacts could be taken. There are areas with acceptable elevations in the general vicinity that would not be on a pronounced ridge. Iltor example, the tank could be located further north and instead of a ridge line in a alley. Another location could be west of CR13 in or north of the Dye Crest Dairy property. Another could be south and east along Larimer County Canal into Section 8 adjacent to the existing radio/microwave towers. That existing vertical obstruction already clutters the horizon. 7. After reviewing the Engineering report Transmission Waterline Analysis - 2007, it is clear that very little went into a siting study for this tank. Just over half a page was dedicated to alternative sites. There was no formal cost comparison. The criteria used was a range of elevation (that is understandable and acknowledged); a negative grade on the pipeline leaving the tank site (this is not clear. With water going to and from the tank being under pressure, what difference does the pipe grade have?); tank location close to the distribution system (this is understandable and acknowledged). There was not quantification of any of the criteria. In addition, one of the more important criteria being impacts to local housing and population, was not formally addressed at all. There was no evaluation of reduction in property values from one site to another. There was no comparison of adverse effects to specific numbers of residential structures from one site to another. Another item that was missing was the evaluation of different types of tanks. The assumption was an above ground steel tank. Why was a buried tank not considered? The NWCWD is estimating costs for the tank farm to exceed $10,000,000. This level of investment and this extensive of a facility should have a much more extensive evaluation of the proposed site and configuration. It is my intention to attend the planning meeting on Tuesday of next week. I have a 3:00 meeting in Westminster that same day. If I am unable to make the comment period at the end of the meeting, I would request that the above comments be submitted for myself and all residences at 6175 Pheasant Crest Drive, Fort Collins CO 80524. *hanks for your help with this issue. Ken Matthews 1 • • Chris Gathman From: "Dent: To: Subject: Erick Johnson [ejsculptureworks@earthlink.net] Tuesday, February 03, 2009 10:21 AM Chris Gathman Case # USR_1680 To whom It May Concern: We oppose the prospected 5 Million Gallon Water Tank to be built on CR RD 13th and Vine . Please consider all the homeowners rights before moving this tank to a more appropriate location. We have scrimped and saved our whole lives to be out in the free vista of beautiful Northern Colorado. We live for the views and savor and worship of the solitude and untouched prairie lands around us. Please do not infringe on the area that people are trying to preserve and enjoy ! Be considerate and move it to a less popular and important land site further east . Sara and EJ Johnson • • Chris Gathman From: �ent: To: Subject: ancel.lewis [ancel.lewis@worldnet.att.net] Friday, February 06, 2009 9:33 AM Chris Gathman Case no. USR-1680 I wish to appear at the hearing on March 3,2009 to protest the above proposal Ancel W. Lewis Jr.. 6510 WCR 86 Ft.Collins CO 80524 H 482 4727 Off. 482 2841 Please acknowledge this email and let me know the time to appear. Thank You. • • • • • • • The Law Office of DOUGLAS D. KONKEL 1405 S. College Avenue, Suite 1 Fort Collins, Colorado 80524 Phone: (970) 493-8484 Fax: (970) 493-8598 email: douakonkel4comcast.net February 9, 2009 Weld County Department of Planning Services Attn: Chris Gathman, Planner 918 10th Street Greeley, CO 80631 Weld County Planning Department GREELEY OFFICE FIR 14?nnC RECEIVED Re: Case # USR-1680 North Weld County Water District Project for two 5 million gallon storage tanks approximately 1/8 mile east of CR 13 and ' mile south of CR 86 Dear Mr. Gathman: I represent Margaret Schneider, the owner of the land north of the proposed project. My client objects to the location of the proposed tanks on the proposed site. During the course of the condemnation action currently pending in Weld County District Court, Case No. 08CV199, the Water District promised to provide landscaping to screen the tanks from view from my client's property. However, the proposed landscaping plan submitted to Weld County does not provide any screening. My client requests that Weld County require landscape screening along the north and east sides of the site in order to screen the view of the tanks from my client's property. The Water District has proposed Austrian pines 20-30 feet in height and 10-15 feet in diameter to screen the view from the property to the south, but proposes only shrubs north of the tanks. My client believes that the same Austrian pines should be used to screen the view from the north. Hopefully you can make sure that all surrounding property owners are protected in the same fashion as the owner to the south. Also, during condemnation proceedings, the Water District agreed to design and construct the road and storm drainage improvements. (See attached excerpts from the transcript.) Page 2 • • • My client requests that Weld County require the road be constructed per Weld County Road Standards, and that storm drainage and construction issues be adequately addressed as part of the Special Review. DDK/td Enclosure Sincerely, Douglas D. Konkel • • • EXCERPTS FROM REPORTER'S TRANSCRIPT Immediate Possession Hearing - July 10, 2008 North Weld County Water District v. Schneider, et al. Weld County District Court, Case No. 08CV199 Alan Overton: "The District is going to have a fairly substantial road to be able to bring equipment in to construct the tank site, and that's the need for the roadway." (p. 13) Alan Overton: "Once the tanks are constructed, the road would be maintained by the District in perpetuity." (p. 14) Douglas Konkel: "Are you going to gate the road so the livestock can't get out? Alan Overton: "Yes." (p. 46) Douglas Konkel: "Now, how are we going to keep my clients' livestock from getting out?" Alan Overton: "The District would be responsible to put gates and barricades in at that time." (p. 49) Re: Improvements requested by Mrs. Schneider: Alan Overton: "Some were necessary and the District said yeah, we're going to have to pay for those and put those in, but the rest of the stuff, as far as the number of trees and the demands on how to build the road and the new fence was not, in our regards, necessary, and the water tap in addition to the payment was beyond reasonable." (pp. 49- 50) Douglas Konkel: "So the road is for the sole use of the District. It will be used once a week and maybe once every five years for the maintenance or something like that, is that correct?" Alan Overton: "Yes." (p. 50) Douglas Konkel: "And the District will maintain the road?" Alan Overton: "Yes." (p. 50) Douglas Konkel: "So tell me what kind of road are you going to build?" Alan Overton: "We're not at that point yet. We're still at the point of obtaining the tank site and that will come with design of the tank site, that construction." (pp. 50-51) Alan Overton: "It would probably be similar more to the county gravel roads there." (p. 51) Alan Overton: "The road design will take into account drainage issues also, and we didn't have objections to that." (p. 54) 1 • • • Douglas Konkel: ". .. because my clients want to know there is drainage swales and some way to evacuate storm drainage so the rest of their property isn't flooded when it rains. What have you done to assure my clients that won't happen?" Alan Overton: "That will be addressed with the use special review and construction of the road." (p. 55) Douglas Konkel: "What about road base? .....fugitive dust ....." Alan Overton: "Again, the road has not been designed. Most likely will be a gravel road surface." (p. 56) Douglas Konkel: "... Your going to gate it, apparently, at both ends, is that correct?" Alan Overton: "That's correct. That's what existing." (p. 57) Douglas Konkel: " But you would agree that if you altered any storm drainage patterns that you would be responsible for correcting those and returning and restoring the historic drainage patterns, correct?" Alan Overton: "Yes, sir." (p. 58) Douglas Konkel: "No matter what the costs, correct?" Alan Overton: "Correct." (p. 58) Douglas Konkel: ". .. So if they don't put the drainage swales in and do it right, there is going to be damage to the remainder, right?" West Foster: "Correct" (p. 86) Douglas Konkel: "...if they build those tanks as part of this project and they're visible from my client's house, ..." West Foster: "...that four -inch water line is going to supply irrigation water to the landscaping that surrounds those tanks. So it seems to me, from what I heard in prior testimony, they're taking an effort to landscape around these tanks." (pp. 86-87) Douglas Konkel: "So you thought that they were going to put landscaping surrounding the tanks that would make them more aesthetically pleasing, is that what you're saying?" West Foster: "That's what I'm saying." Douglas Konkel: "And that's why you didn't find any damage to the remainder." West Foster: "Correct." (pp. 88-89) 2 Weld Count enning Department GREELEY OFFICE FEB 18?nno RECEIVED • 7/119() W C /? d /3 1:----t.6)///,,,s, Co F.braa ry /7 aco /D enf_ 1t Ma c,neern , X a /_s 73 xpress VYr l os,'/; /h e T ,y r o c5 sed S Di; c ; uy. a. Ho h (2%a /ee Aetieks *46d' 11)or f L Cue id cca: r ioccit,fs t bias /I directly TAX se_ / lick s (4) c? t /GC4t& rrA7' ,w /( 'at."( d e our Tura/ /res,6(eu/e4/ h2;'76hdr400ci. 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Z H, P4?2 025 7ne, tie ,ea-Tht / 2 d�c' one c. Artiz, neev q ,tc1 .e ;�14 4- -� • Weld County Planning Department GREELEY OFFICE FFR 24 2009 RECEIVED etel /7 / -e 2 et) ,to:e1-62 dome_ oht auiL ,C7 -2L -Lc �zbe,?cc. lC .*d, I mo- eidiud 1fl71to7Zr%//a_sx_ IW-IJI / d+. Shia Ac �,l /�� (¢?c cent • • We/the undersigned,want to state our opposition to the proposed 5 million gallon water tanks which North Weld County Water District plans to install in our neighborhood. We want to encourage the District to consider the second site, located at the corner of Road 84 & Road IS. I, Al- 3 1 Ro-'± red-si--- •6. ai/7T CUL GIItity C f),1 6(ferz:to UP/6) (0 r 4 //ii 96 w edibiza w q70 -;?-q- sg3g W C R. 1 3 F -F y��3 � �vS� `l 9'76 '/e 85-12651y, bueAc ��—z3c—o7�C A -D -PA -1-.i± e sT c s TA Fes. q70-3“--/30/ 6 I7 7 FT C0 , Co 97o - 3 77- 3/5�`f P k a„i (A24A to, 77 P�''- qno-y la -4e47 0500 c JGlz 8 & bS/O u)C (z g 6 N-11 &4 tai C (Z l S 1)t "j Lim • • We the undersigned want to state our opposition to the proposed 5 million gallon water tanks which North Weld County Water District plans to install in our neighborhood. We want to encourage the District to consider the second site, located at the corner of Road 84 & Road 151 /0 Trntat ,5� �K�- /tJ7 ( e-.31:Alizt /J, J • � / it a2 f� at?CAL ' � L � � \ 21 ry Lc 23 Y" V . n4, • CAC,1O---11 s I HI 940 Lic,t2 IS Lbw/ a- v/ilk �L/CfJ3 9/w n 13 6b -c,( Loc R SC y a 5i 5 d.@o 44 k), �5 4//6 y s A -c - 4 Pd IC %-gO wd-. ,?- to — V/ tit, I�� C Am. 0 co co (I) D CC litz H 4) a) CO La E 0 0 _ U) C U co o. 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