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Home My WebLink About20100450.tiff446-tt COLORADO SITE PLAN REVIEW Administrative Review Planner: Kim Ogle Case Number: Site Plan Review - SPR-433 Parcel Number: 1309-20-2-00-057 Applicant: Don and Joann Espinoza c/o Sheri Lockman on behalf of Kristi Walker, property owner Legal Description: Lot B of RE -3949, being part of the NW4 of Section 20, Township 2 North, Range 66 West of the 6th P.M. Weld County, Colorado Situs Address: Zoning: Proposed Use: 13066 County Road 20, Fort Lupton, Colorado 80621 1-3 Industrial Zone District Site Plan Review for an Oil and Gas Support and Service Company, (Don's Oil Field Services, Inc.) including office facilities, storage, maintenance and parking for water trucks and related equipment Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Retention Facilities Engineering Dept. Accepted with conditions -- Department of Public Works memorandum dated November 23, 2009 YES Off-street Parking YES Loading Areas YES Access 30 -Foot Access Easement per Reception # 3246110 YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping YES Trash Collection /Storage YES Potable Water Well Permit No. 214858 YES Sewage Disposal ISDS (Individual Sewage Disposal System, Permitted for 10 persons: Permit No. SP -9900337 NO Environment Standards YES Property Maintenance YES 2010-0450 1 ft aose° PRELIMINARY This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: The applicant shall submit an updated waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. A waste handling plan was submitted with the application; however, it was found to be incomplete. The plan should include trash and garbage generated by office workers and other employees, and other solid wastes generated from vehicle and equipment maintenance and repairs, such as light bulbs, batteries and other vehicle parts. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) B. In the event the applicant intends to utilize the existing septic system for more than ten (10) employees, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall contact the Fort Lupton Fire Protection District, and submit a letter on the Fort Lupton Fire Protection District letterhead stating that all of their concerns have been met or mitigated and that a fire district permit is not required. . Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the concerns of the Department of Public Works, specific to the items addressed in the referral dated November 23, 2009. These items include: 1.] US Highway 85 Access Control Plan, Notes on Plat 2.] Improvements Agreement for dust control and/or paving a proportional share of truck traffic associated with your use. (Department of Public Works and Planning Services) E. The applicant shall work with the Weld County staff to develop an Improvements Agreement and post adequate collateral. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat; or the applicant may submit evidence that all the [Type text] PR_ELIMINARy work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) F. A Building Permit application must be submitted and will be required for any change of use of the existing building. A Floor Plan drawn to scale delineating the use of each part of the building will be required. (Department of Building Inspection) G. A Building Permit application must be submitted for the two cargo containers utilized for storage of tires and miscellaneous items. (Department of Planning Services) H. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review SPR-433. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code, specifically to scale and label all adjacent County Roads. (Department of Planning Services) 3. The Vicinity map shall be delineated on the plat in compliance with Section 23-2- 160.V.6 of the Weld County Code, specifically illustrating the parcel and surrounding parcels. (Department of Planning Services) 4. The applicant shall show the type of lighting that will be used on site in conformance with the Weld County Code, Section 23-3-350.K. (Department of Planning Services) 5. County Road 20 is a local gravel road which requires 60 -feet of right-of-way, there is presently 60 -feet of right-of-way. Pursuant to the definition of setback, the required setback is measured from the future right-of-way line. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right- of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6. The recorded access easement into the site from County Road 20, as approved by the Department of Public Works per Reception Number 3246110. (Department of Planning Services) A minimum of eighteen (18) parking spaces must be delineated on the plat, and must conform to design criteria in Appendix 23-A. (Department of Planning Services) 8. Signs designating employee, company vehicles, visitors, and customer parking shall be delineated on the Site Plan Review plat. (Department of Planning Services) 9. A note shall be added to the Site Plan Review Plat stating that Weld County will not be responsible for the maintenance of the water quality control features. (Department of Public Works) 10. The location of the screened trash receptacles. Presently the trash enclosures are not delineated and are without appropriate screening from public rights -of - way and surrounding properties, as outlined in Section 23-3-350.H. (Department of Planning Services) PRELIM! NARY 11. A Note on the plat drawing identifying the US Highway 85 Corridor Plan (mile marker 245.19) flow movement, non -signalized intersection, LT/RT improved acceleration/deceleration lanes. (Department of Public Works) 12. The type of screening material utilized to screen the parking and storage areas from adjacent property and public rights -of -way. (Department of Planning Services) 13. Minimum font size for all text is 8 pt. capitals. (Department of Planning Services) 14. All areas associated with storage and parking of vehicles, regardless of use, must be screened from adjacent property, public rights -of -way, railroad rights -of - way and adjacent property. (Department of Planning Services) The following notes shall be placed on the plat: All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future rights -of -way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, 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) 5. 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) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) PRELIM NARY 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 10. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of well permit number 214858. (Department of Public Health and Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing commercial well (Well Peermit No. 214858. (Department of Public Health and Environment) 14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. The operation/property 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. This application is proposing a well as its source of water. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Planning Services) 17. Hours of operation are 5:00AM to 10:00PM. (Department of Planning Services) 18. The number of persons employed and/or visiting the site shall not exceed sixteen (16) persons at any time due to constraints of the septic system. . (Department of Planning Services, Department of Public Health and Environment) 19. 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 Planning Services) PRELIMINARY 20. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. (Department of Planning Services) 21. A building permit application must be completed, and two complete sets of engineered 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. (Department of Building Inspection) 22. A plan review must be approved and permit must be issued prior to the start of construction or alterations. (Department of Building Inspection) 23. New construction shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; Mechanical Code; International Plumbing Code; International Fuel Gas and Energy Conservation Codes; the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 24. Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code. (Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) 25. Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Building Department. (Department of Planning Services) 26. The approved Landscape / Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 27. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-2-250.D and Section 23-3-350.K of the Weld County Code. (Department of Planning Services) 28. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 29. 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) 30. 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) PRELIMI NARY 31. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) Site Date: Dec conditionally approved by: Kim Ogle, Planning Services 1, 2009 N WI�'Dc COLORADO December 1, 2009 Sheri Lockman Lockman Land Consulting, LLC 36509 County Road 41 Eaton, Colorado 80615 Subject: Administrative Review of Site Plan Review 433 Don and Joann Espinoza, applicants Kristi Walker, property owner Dear Sheri: DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 Sent via Electronic Mail and US Mail The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Site Plan Review meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments, and provide comment as required. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please 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 23-2-160.V of the Weld County Code of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution for acceptance of the collateral associated with the on -site improvements. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. Sincerely, Enclosures File: SPR-433 '.A.M�'� T..• Vii• r,,yr,}!t'1 '.� !&'r�£7.. i- Vi t 7 at - b \ r. S� � ,_ .•1r`�t 1 � Ti 1 1 1 '�. • \ ...1. t 1 t1/4 . V' .� • L h. "• 't••t;~'it 1J! M •s�? f • i - L ‘Istt. 111k COLORADO October 26, 2009 Don & Joann Espinoza do Sheri Lockman 36509 CR 41 Eaton CO 80615 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: SPR-433 -Site Plan Review for Oil and Gas Support Services (Don's Oil Field Service) in the 1-3 (Industrial) Zone District on a parcel of land described as Lot B RE -3949; Part NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Ft. Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Ft. Lupton at 303-857-6694, for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, Kim O e Planner WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: October 12, 2009 TYPE OF APPLICATION: Site Plan Review (SPR) NARRATIVE: Oil Field Support and Service LEGAL DESCRIPTION: Lot B RE -3949 Part NW4 Section 20, Township 2 North, Range 66 West of the 6th P.M. Weld County, CO COMPANY NAME/REPRESENTATIVE/OWNER: Donna, Ken and John Espinosa PARCEL NUMBER: 1309-20-2-00-057 SECTION - TOWNSHIP - RANGE: 20-2-66 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Kim Ogle at 970-356-4000 extension 3540, or email at kogle@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre -application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. Staff has concluded that this 7 Day Completeness Review was not complete and recommends that the applicant submit four new packets including the information outlined below to the Department of Planning Services for a second 7 Day Completeness Review. REVIEW STAFF: Planning: Kim Ogle: kogle(Wco.weld.co.us 970-353-6100 ext. 3540 Public Works: Don Carroll dcarroll(o�co.weld.co.us 970-356-4000 ext. 3750 Health: Lauren Light Iliohtco.weld.co.us 970 356 4000 ext 2702 Building: Frank Piacentino fpiacentino(a�co.weld.co.us 970 356 4000 ext. 3540 Weld County Department of Planning Services Greeley Office — 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY PLANNING COMMENTS The Department of Planning Services has reviewed the 7 -Day Completeness Review and requires the following items to be addressed: The Planning department finds the application materials acceptable for the SPR BUILDING COMMENTS The Department of Building Inspections has reviewed the Completeness Review and states that a building permit will be required for any structures built or change of use of any building. This referral will be late as the Building Department continues to review this application and when comments are available, this office will forward this material by USMail or electronically whichever is most expedient PUBLIC WORKS COMMENTS The Public Works Department has reviewed the 7 -Day Completeness Review and has noted the following: Please refer to their Memorandum dated October 6, 2009. HEALTH DEPARTMENT COMMENTS The Health Department has reviewed the 7 -Day Completeness Review and has noted the following: The Health Department continues to review this application and when comments are available, this office will forward this material by USMail or electronically whichever is most expedient Weld County Department of Planning Services Greeley Office — 918 10'" Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • t '�'MEMORANDUM TO: Kim Ogle, Planning Services DATE: October 5, 2009 COLORADO FROM: Donald Carroll, Engineering Administrator Janet Carter, Traffic Engineer, Public Works Clay Kimmi, P.E., C.F.M, Public Works SUBJECT: 7 -Day Completeness Review for PA09-097, Don and Joann Espinoza Operating as Don' Oil Field Service Inc. Weld County Public Works has received the submittal application for the 7 Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. The Weld County Public Works Department has reviewed the 7 Day Completeness Review Application. The Public Works Department shall be looking for five critical items: Site Plan Review Traffic Study Preliminary Drainage Geotechnical Soil Report Special Flood Hazard Area Site Plan Review: The applicant has submitted a Site Plan Review for review. The Public Works Department finds this acceptable. Traffic Study: No traffic study was required; however, the applicant needs to contact Janet Carter, Traffic Engineer 970-304-6496, Ext 3726, to follow-up on any additional requirements associated with the impact from heavy hauling from the proposed site. Preliminary Drainage Report: The applicant has submitted a preliminary drainage report or water quality feature calculations. Clay Kimmi, Drainage Division 970-304-6496, Ext 373741, will review and comment on this report. Geotechnical Soils Report: This report is not necessary at this time and can be waived. Flood Hazard Development Permit: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Access Easement: The applicant shall provide a copy of the 30 -foot access easement per the recording number for the file to verify that the change in use is adequate for the proposed facility. The applicant needs to provide a copy of the access easement agreement. Summary: Follow-up with Janet Carter on the traffic information and Clay Kimmi on both drainage information. Original & Email: Kim Ogle, Planning Services pc: Page 1 of 1 C'.\Documents and Settings \dcarrcll\Local Settings \Temporary Internet Files \Content.0utlook\XRDKFK54\DonJoann Espinoza PA09-097.doc 7 -Day Completeness Review CASE #: PA09-097 APPLICANT: Don and Joann Espinoza 13066 CR 20 Fort Lupton, CO REQUEST: Site Plan Review for oilfield contractor LEGAL: Lot B RE -3949; located in Section 20, T2N, R66W of the 6th P.M. Weld County, CO. LOCATION: South of and adjacent to County Road 20 and East of and adjacent to State Highway 85 PARCEL #: ACRES: +1- 7 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o Public Works o Health ° Building o Planning Comments: '4 Moil to ✓m i % (hit/ ! h.sz IfLe r P d / o:✓ (Ast??,, 1Ccrti9`✓ w o c /1 bsz_ S7a✓7C1//a-ester 10 Pgivroc i)C1i/i4 7-hQT ccy,Ac// Logs f)oT ClatreI 4S SThtayp. A rim/ p/o ar/ .S-A6ta67yGSAc 0gcti4✓� aFrho Calm,,,f t)/// {fie tee e2r,a( Date: Sep em erCi27, 2009, Comments Due No Later than October 8, 2009 "19-e 4 Thanks, Kim x 3549 SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/ AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 1309-20-200057 Legal Description: Lot B of Recorded Exemption 3949 being part of the NW4 Section 20, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado Property Address (if Applicable): 13066 CR 20, Fort Lupton, CO 80621 FEE OWNER(S) OF THE PROPERTY: Name: Phone #: Address: APPLICANT Name: Phone: Address: Kristi Walker 303-659-8722 13550 Granby Street, Brighton, CO 80601 Don L. and Joann R. Espinoza (303) 857-1809 6865 CR 23, Fort Lupton, CO 80621 AUTHORIZED AGENT: Name: Phone#: Address: Lockman Land Consulting, LLC Go Sheri Lockman 970-381-0526 Email Address: sherilockman@what-wire.com 36509 WCR 41, Eaton, CO 80615 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the sign-tory has the legal authority to sign for the corporation. igna I' spin a / Date G�cf dirtE to Si.;=tore: Joann R. •inoza SITE PLAN REVIEW QUESTIONNAIRE 1. Explain, in detail, the proposed use of the property. The applicant is proposing to operate a oilfield contractor service from the site. Don's Oil Field Services Inc. delivers water to and removes water from oil and gas sites. Approximately three loads of water per day are purchased from A&W Water Services in Fort Lupton for delivery. Most of the water hauled is flow back water that must be removed from the well sites. After the water has been removed it will be taken to an approved wastewater disposal. Trucks are always empty when they come to the site. Four trucks have the capability of heating the oil and water at the oil and gas sites. The business will use the existing building and screened storage area as they currently exist. All equipment associated with the business will be stored within the building or the screened area. 2. Describe the number of employees associated with the use. The business currently employs 11 drivers, 2 yard workers and 3 office workers. The office and yard workers usually arrive around 8:00 a.m. The drivers arrive between 6:30 and 7:00 a.m. in their personal vehicles. Trucks do not leave the site at the same time. As jobs are called in from the gas sites, trucks leave the yard. On average they leave 15 minutes apart. They will not return to the yard until they have completed hauling the water. Trucks return separately, usually between 3:00 and 6:00pm. Normal operating hours do not go beyond 5:00 a.m. to 10:00 p.m. 3. A statement indicating that the proposed use meets the required setback and offset requirements of the zone district. The building lies well beyond any required offset or setback. 4. A generalized sketch of building elevations depicting the style, size and exterior construction materials of the buildings proposed in sufficient detail to exhibit the relative compatibility of the proposed site with the character of the surrounding land use. No changes are proposed to the existing building (see attached photograph). 5. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed sign and sign structure along with the method of construction and attachment to the building or ground. The position and distance of the sign in relation to property lines and buildings and structures on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed signs. On the undeveloped portion of the property, no moderate or severe limitations exist. No sign is planned for the building or site. The applicants do not have a sign at their current location and do not feel one is necessary at this location. Should unforeseen circumstances make a sign necessary, the property owners will see that it is done in accordance with the Weld County Code and that the appropriate building permits are obtained. 6. Describe how the landscape requirements listed below have been met a. The lot shall adhere to the Maximum Lot coverage requirements of the zone district in which it is located in, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27, if applicable. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably landscaped. The lot does not have an irrigation source so landscaping will be limited to native grass. The site does have some existing trees. However, should these trees die, it would be very difficult to reestablish them. Currently over 5.2 acres are planted in grass. b. That portion of a lot in the zone district which abuts a public or private street right-of-way shall have a minimum fifteen -foot wide landscape setback, unless the lot is governed by a more restrictive landscape setback contained in an overlay district, Chapter 26 of this Code or any other applicable County ordinance. The landscape setback is measured at a right angle from the existing or planned future right- of-way to any parking lot, fencing, storage area or structure. Sidewalks and driveways may pass through the required landscape setback. The building lies approximately 100' east of the Highway 85 right-of-way c. Landscaping techniques shall be utilized in design of parking lots to aid in buffering parking lots from roadways. The distance to surrounding uses adequately buffers the parking lot. The parking lot lies approximately 100' from the state highway and 224' from the north property line. The railroad right of way lies to the east. No additional buffering is necessary. d. Explain the proposed landscaping for the site. A detailed landscape plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscape elements shall be submitted. The plan shall show where landscape exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. The lot does not have an irrigation source so landscaping will be limited to native grass. The grass is an established mixture of unknown species. If any area needs reseeded, a drought tolerant variety recommended for this area will be chosen. The site does have some existing trees which have not been included as part of the landscape plan because they would be very difficult to reestablish without water. e. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed landscape on site. The grass will be cut when needed in order to keep the site neat and attractive. Noxious weeds will be eliminated when necessary using a method recommended for eradication of the particular variety. 7. A statement accompanied by evidence explaining how the storm water runoff will be handled. If physical changes to the site are proposed (grading, paving, increased roof areas, eta), then evidence, maps and calculations explaining how storm water retention facilities are designed to retain the storm water runoff in excess of the historic flow from the undeveloped site shall be designed for a one -hundred - year storm and release retained water at a rate not to exceed a five-year storm falling on the undeveloped site. A reserve drainage area will be dug at the south end of the site. Drainage calculations have been included with the application to verify the size required by Weld County Code. 8. Explain how the proposed use, building, or structure meets the Off -Street Parking Requirements listed in Article IV, Division 1 of this Chapter or a more restrictive ordinance. Sufficient screened, off-street, paved parking areas shall be provided in all districts. The front parking lot was originally laid out for fourteen parking spaces plus two handicap. Parking is also available in the screened area for employees. The access road and parking lot will continue to be maintained in crushed asphalt. The distance to surrounding uses adequately screens the parking lot. 9. Explain how the loading/service areas in all districts shall be located, designed and constructed in a manner that is in conformance with the standards below: a. Sufficient space shall be provided in loading/service areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights -of -way. Loading/service areas shall be paved. The screened loading area at the back of the building has a concrete apron. b. Loading areas located within the I-1 (Industrial) Zone District and 1-2 (Industrial) Zone District shall be designed to comply with the appropriate use regulations under either Section 23-3-310 or 23-3-320 of this Chapter. 10. Explain how new accesses to public rights -of -way shall be constructed using the minimum standards below Designs exceeding these minimums may be required by the Department of Public Works, depending upon the number and type of vehicles generated by the use proposed. The existing access was adequately designed for the use. 11. Explain how acceleration/deceleration lanes, when required by the Department of Public Works or the Colorado Department of Transportation, will provide safe, efficient access to arterial or collector streets. Acceleration/deceleration lanes should not be necessary. The applicant is not adding a substantial amount of traffic. The existing street configuration is adequate for the proposed additional traffic. 12. Explain how the trash collection areas or facilities are located, designed and used in a manner that shall meet the requirements of the zone district. Trash dumpsters will be maintained within the screened area. The area is easily accessed for removal but hidden from the adjacent properties and Highway 85. The applicant may also have up to two cargo containers in the screened area for storage of tires and miscellaneous items. 13. Explain how the use is compatible with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities and any Intergovernmental Agreement. Such use shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: The properties are surrounded by Highway 85 on the West, Country Truck, and Auto on the north, railroad right-of-way to the east and Conoco Pipeline Company to the south. The area between the railroad right-of-way and State Highway 85 is populated with similar businesses. The area is also designated as an employment area by the Fort Lupton Comprehensive Plan. a. Noise. Uses and structures in the Commercial and Industrial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12- 101,C.R.S. The business will not exceed the noise standard allowed by the Weld County Code. b. Air Quality. Uses in the Commercial and Industrial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution control Commission. The trucks will be maintained in accordance with established regulations. c. Water Quality. Uses in the Commercial and Industrial Zone Districts shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. Maintenance of vehicles shall be self contained to ensure water is not contaminated. No vehicles are washed on the site. d. Radiation and Radioactive Materials. The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. No radioactive material is used on the site. e. Heat. Uses located within the Commercial and Industrial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than five degrees (5) Fahrenheit. The business will not emit heat beyond the lot line. f. Glare. Any lighting used to illuminate on off-street parking area, outside storage area, outside activity area, sign or other structure shall be arranged to deflect light away from any adjoining residential zone and from County roads. Any lighting, including light from high -temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards,; sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. All lighting will be shielded so that they will not illuminate adjacent properties and the Highway 85 right- of-way. g. Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of noxious weeds. The grass will be mowed when needed in order to keep the site neat and attractive. Noxious weeds will be eliminated when necessary using a method recommended for eradication of the particular variety. h. Any off -site and on -site improvements agreement shall be made in conformance with the County policy on collateral for improvements. If improvements are required, an improvements agreement shall be completed or the improvements will be put in place. • • SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, and structures located on: Lot B of Recorded Exemption 3949 being part of the NW4 Section 20, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the (I-3) Industrial zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. oann R. Espinoza The foregoing instrument was subscribed and sworn to before me this ,),) I, ' day of 20 0 `/ , by Don L. Espinoza and Joann R. Espinoza WITNESS my hand and official seal. My Commission expires: I - t _ JO / U Notary Public ,, Preliminary Drainage Report The required storage area for the drainage will be located at the south end of the site. The entire site lies on a gravel deposit so water drains away quickly. Water flow onto the site is very limited because of surrounding high ditch banks and roadways. Any water flow from the site would drain to the south. Per the attached drainage calculations, a drainage area will be dug that holds a volume of 1,978 cubic feet. The drainage area has been indicated on the plat. • • Water Quality Feature Calculation Surface Roof 17,600 0.40 100% 1 Paved 3,260 0.07 100% 1 Gravel/Crushed Asphalt 29,537 0.68 40% 0.4 Grass/Dirt 5.24 2% 0.02 Total Site 6.4 Area (SF) Area (acres) % Impervious i Weighted Imperviousness (i) = 0.134 WQCVV=a"(0.9-v °-1.19: `+0 781) 6 -hr drain time a = 0.7 12 -hr drain time a = 0.8 — 24 -hr drain time a = 0.9 40 -hr drain time a = 1 3 WQCV = 0.0851 woCV Re an ed .s toi age = (Area) �/ o f 1' Required storage = 0.0454 acrefeet 1,978 cu ft Waste Handling Plan 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). Four drums of used oil and antifreeze. Tires - Your Way Disposal is called as tires are changed on the trucks. 2) A list of the type and volume of chemicals expected to be stored on site. No more that two drums each of antifreeze, motor oil, and salt substitute. 20 to 30 tires. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number. Oil is taken by Nevco 5300 Colorado Blvd. Commerce City, CO 80022 720-281-2258 Tires are taken by Your Way Disposal P.O. Box 29773 Thomton, CO 80229-0773 303-289-2595 DUST ABATEMENT PLAN Dust complaints must be verified by County employees as requiring abatement and being caused by employees and clients of Don's Oil Field Service Inc. Upon verification the property owners will apply an approved dust control chemical such as magnesium chloride to the section of the interior roadway which is generating the dust. Date Days The following individuals, who have an interest in all or part of the properties described as Lot A and Lot B of Recorded Exemption 3949 being part of the NW4 Section 20, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, hereby request the vacation of USR- 1227. Kristi Walker • Weld County Treasurer. Statement of Taxes Due Account Number R3470305 Parcel 130920200057 Legal Description Situs Address PT NW4 20-2-66 LOT B REC EXEMPT RE -3949 (.6R) SITUS: 13066 20 CR WELD 000000000 13066 20 CR WELD 000000000 Account: R3470305 WALKER JACK ALLEN PO BOX 164 BRIGHTON, CO 80601 Year 2008 Charges Tax Billed $9,045.10 Payments $9,045.10 Balance $0.00 Grand Total Due as of 09/28/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2232 - 2232 Authority WELD COUNTY SCHOOL DIST RE8 FORT LUPTON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 Credit Levy Mill Levy Amount Values Actual Assessed 16.804000* $2,573.04 MANUFCTNG/PROC $105,938 $30,720 24.220000 $3,708.56 ESNG-LAND 8.465000 $1,296.16 MANUFCTRNG/PRO $422,062 $122,400 CESNG-IMPS 6.323000 $968.17 3.260000 $499.17 Total $528,000 $153,120 59.072000 $9,045.10 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY -AUGUST 1. WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed Date • • EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name Don's Oilfield Services Inc. Address: 1270 Factory Dr Fort Lupton Co. 80621 Business Owner: Don and Joann Espinoza Home Address: 6Sb 5 CI . .2,3 Phone 303-657-1809 Phone 303-857-1809 City: FD t LuptO}� List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Don Espinoza Joann Espinoza Ken Espinoza Business Hours: 5 AM to 10 PM Days:f Type of Alarm: FT None p Burglar r" Holdup r Fire j— Silent p Audible Name and address of alarm company: Location of Safe: none on site MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 10 Location(s): 1 North, 1 South, 1 East side man doors, 7 overhead (doors on the East side of the Building. is alcohol stored in building? Are drugs stored in building? none none Are weapons stored in building? none Location(s): Location(s): Location(s): _ The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. 0 Physical Security Check 0 Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: West side of the building about 50' off the North end Gas shut off: At the Propane Tank located just East of the Building Exterior water shutoff: Inside the building on the NE corner of the storage room. Communication room as well. Interior water shutoff: Same as above as the building is on a Well. Name: Don & Joann Espila REFERRAL LIST • Case #: SPR-433 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 Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State x Div. of Water Resources _Geological Survey _Department of Health x Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife x South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont Brighton/SE Weld Centennial _Greeley/West Greeley x 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 Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone x Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other School District RE - _Central Colo. Water Cons x Union Pacific RR _Ditch Company _Art Elmquist (MUD Area) Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 _Brighton F-3 Eaton F-4 x 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 _Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 _Union Colony F-20 _Wiggins F-18 Windsor/Severance F-17 Commissioner Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 26, 2009 4:15 PM To: Ken Poncelow; Bethany Salzman; 'joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'Hice-Idler, Gloria'; 'jodi.hastings@co.usda.gov'; 'linda.brown- smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'tparko@fortlupton.org'; 'Irichardson@ftluptonfire.com' Subject: SPR-433 Referral Attachments: Referral Sheet.rtf; Application.pdf; Map.jpg We have just received a case (SPR-433) in which we ask that you review the attached material and send a referral to us by November 26, 2009. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kocile(a�co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! kee-it, (file DA, ko,i C_ K,wstw e RP t'.slewt Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 'mu 4UUIRy rianumls Uvpmunwn GREELEY OFFICE 1111lic COLORADO OCT 287(m9 RECEIVED Weld County Referral October 26, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Don & Joann Espinoza Case Number SPR-433 'Please Reply By November 26, 2009 Planner Kim Ogle Project Site Plan Review for Oil and Gas Support Services (Don's Oil Field Service) in the 1-3 (Industrial) Zone District Legal Lot B RE -3949; Part NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to State Highway 85; south of CR 20. For a more precise location, see legal. Parcel Number 1309 20 200057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan IN We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency ts lclly/o 1 Date ❑Weld County Planning Dept. [1918 10"' Street, Greeley, CO. 80631 [1(970) 353-6100 ext.3540 6(970) 304-6498 fax Ottrn lURe COLORADO Weld County Referral October 26, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Don & Joann Espinoza Case Number SPR-433 Please Reply By November 26, 2009 Planner Kim Ogle Project Site Plan Review for Oil and Gas Support Services (Don's Oil Field Service) in the 1-3 (Industrial) Zone District Legal Lot B RE -3949; Part NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to State Highway 85; south of CR 20. For a more precise location, see legal. Parcel Number 1309 20 200057 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. XX ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Upon review of my case files and computer, no violations were noted. Signature Agency oning Complian Offic 11/02/09 Date +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 4(970) 304-6498 fax 6ittymJ 1111De COLORADO Weld County .Planning Department GREELEY OFFICE NOV 7 4 7(?f 13 MEMORANDUM RECEV/ED TO: Kim Ogle, Planning Services DATE: November 23, 2009 FROM: Donald Carroll, Engineering Administrator ptilb Clay Kimmi, P.E., CFM SUBJECT: SPR-433, Don & Joann Espinoza (Don's Oil Field Service) The Weld County Public Works Department reviewed the submitted application for critical items, including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. Comments made during this stage of the review process will not be all inclusive, as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 20 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Access: The applicant is identifying a 30 -foot access easement per Reception No. 3246110. The 30 -foot access road and utility easement is for the benefit of Lots A and B of Recorded Exemption 3949. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled base, or the equivalent and shall be graded to prevent drainage problems. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. U.S. Highway Access Control Plan: The applicant needs to place a note on the plat drawing prior to recording identifying the U. S. Highway 85 Corridor Plan (mile first marker 245.19) flow movement, un- signalized intersection, LT/RT improved acceleration/deceleration lanes. Traffic Study: No traffic study was required; however, the applicant will generate approximately 22 truck trips and 54 overall trips from the site on a daily basis. The applicant shall enter into an Improvements Agreement for dust control and or paving a proportional share of truck traffic associated with your use. Drainage: The applicant provided a brief description of the stormwater flows across the property. A water quality feature was designed to be placed in the southeast corner of the property. The water quality calculations are acceptable to Public Works. pc: SPR-433 Page I of I M:\PLANNING — DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-433 Don's Hot Oil\SPR-433 Don & Joann Espinoza.docx �Iw WF�YG COLORADO MEMORANDUM TO: KIM OGLE, PLANNING SERVICES FROM: MARY CAVNAH, ENVIRONMENTAL HEALTH SUBJECT: SPR-433 DON AND JOANN ESPINOZA DATE: NOVEMBER 25, 2009 Environmental Health Services has reviewed this proposal for oil and gas support service business in the 1-3 Industrial Zone District. The existing building and storage areas at the site will be used for storage and maintenance of vehicles and equipment, and offices for employees. There will be a total of 16 employees; 11 drivers, 2 yard workers and 3 office workers. The existing building is served by an engineered designed individual sewage disposal system (Permit No. SP -9900337). The septic permit indicates that the system was designed for 10 persons per day. This existing system must be evaluated by a Colorado Registered Professional Engineer to determine if it is adequately sized for the proposed hydraulic load. In the event the system is found to be inadequately sized or constructed, the system will be required to be brought into compliance with current Regulations. The site is served by an individual well (Permit No. 214858) and is limited to drinking and sanitary facilities for a commercial business. Use of the commercial well for any other purpose, such as lawn and landscape irrigation, dust control or vehicle washing, is prohibited. The applicant has indicated that no vehicle washing will occur at the site. The applicant performs maintenance and minor repairs on the business trucks, such as replacing tires and fluid changes (oil and antifreeze). The applicant indicated that the fluids will be self-contained and disposed of off -site at an appropriate disposal site. A waste handling plan was submitted with the application; however, it was found to be incomplete. The plan should include trash and garbage generated by office workers and other employees, and other solid wastes generated from vehicle and equipment maintenance and repairs, such as light bulbs, batteries and other vehicle parts. A minimal dust abatement plan for on -site dust control was submitted with the application. 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 met prior to allowing the plat to be recorded: 1. The existing septic system (Permit No. SP -9900337) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 2. The applicant shall submit a revised waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 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. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 2 The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of well permit number 214858. 8. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 9. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing commercial well (Well Permit No. 214858). 11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 13.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 3 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Kim Ogle Weld County Planning Department 918 10'" Street Greeley, CO 80631 October 27, 2009 weld County Planning Department GREELEY OFFICE OCT 3 02009 RECEIVED Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director/State Engineer Re: SPR-433— Don & Joann Espinoza — Site Plan Review Permit for Oil and Gas Support Services (Don's Oil Field Services) in 1-3 (Industrial) Zone District Dear Mr. Ogle: We have reviewed the above referenced proposal for an oilfield contractor service. The proposed Don's Oil Field Services Inc. will deliver water to and removes water from oil and gas sites. Approximately three loads of water per day are purchased from A&W Water Services in Fort Lupton for delivery. Most of the water hauled is flow back water that must be removed from the well sites. After the water is removed from the well sites it will be taken to an approved waste water disposal facility. This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. According to the submitted information, potable water will be supplied by an existing commercial exempt well, permit no. 214858. Well permit no. 214858 was issued on December 17, 1998 for drinking and sanitary purposes only in an individual commercial business. The permit allows an average annual withdrawal of 1/3 acre- feet (108,600 gallons) per year at a pumping rate of 15 gallons per minute. Water from the well cannot be used for lawn or landscape irrigation or for any other purpose outside the business building structure. Therefore, well no. 214858 cannot be used for the Oil Field Services until such time as the well owner obtains a court approved augmentation plan for the well and the well is re -permitted for those uses pursuant to the augmentation plan. The well can be used strictly for drinking and sanitary purposes at the site as long as the annual withdrawal and pumping rate specified on the permit are not exceeded. In addition, note that in light of the Colorado Supreme Court's recent decision in Vance v. Wolfe, 205 P. 3d 1165, 1173 (Colorado 2009), the Supreme Court held that "while the production of oil and gas is subject to extensive regulation by the Colorado Oil and gas Conservation Commission, it is also subject to the 1969 Act and the Ground Water Act. Therefore, the Applicant must demonstrate that the operation of the oil and gas wells on the property that is subject to this referral do not injure the vested water rights, and that such wells must be in compliance with applicable well permitting requirements. Should you have any questions in this matter, please contact loana Comaniciu of this office. JMW/IDC Sincerely, na Williarri's, P.E er Resource Engineer Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us i I CR 18.5 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 Road File #: Date: RE #: Other Case #: 1. Applicant Name: Don L. and Joann R. Espinoza Phone: 303-857-1809 Address: 13550 Granby Street Brighton, CO 80601 2. Address or Location of Access: Section: 22 Township: 2 Range: 66 Subdivision Block Lot Weld County Road #: 20 Side of Road: South Distance from nearest Intersection: 350' 3. Is there an existing access to the property? Yes 4. Proposed Use: Permanent, Industrial # of Accesses: 1 ****.<..._, ****************..«*****************************.,»»******,,.,.«_»»******.»..».**************t»*tt»t,K********** 5. Site Sketch Legend for Access Description: Ag = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road i = House O = Shed = Proposed Access ♦ = Existing Access NT ®z • WCR 20 WCR 18.5 C WCR 18 r-- ***********************.......************.+....=..M**********************..:H******************.lf..»**t*********N.H************* OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert: Size Length Special Conditions 0 Installation Authorized ❑ Information Insufficient Reviewed By: Title: 3 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 7 8 9 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set fort Morgan Realty & Associates, Le 1401 E Bridge St. Brighton Co. 80601 Phone: 303 659-3101, Fax: 303 659-0413 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commissior (CBS 1-5-09) (Mandatory 7-09) 17 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSE l BEFORE SIGNING. 10 in this contract (Contract). 11 2. DEFINEDTERMS. 12 2.1. Buyer. Buyer, Date August 21, 2009 DON L ESPINOZA 13 JOANN R ESPINOZA 14 will take title to the real property described below as ® Joint Tenants ❑ Tenants In Common ❑ Other 15 n/a 16 2.2. Property. The Property is the following legally described real estate in the County of WELD 17 Colorado: 18 PT NW4 20-2-66 LOT B REC EXEMPT RE 3949 (6.4 Ac as per county records) 19 known as No. 20 13066 WCR 20 Fort Lupton Co. 80621 21 Street Address City State Zip 22 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest i 23 Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 24 2.3. Dates and Deadlines. 25 Item No. Reference Event Date or Deadline 1 § 4.2.1 Alternative Earnest Money Deadline 48 HOURS MEC 2 § 5.1 Loan Application Deadline DONE 3 § 5.2 Loan Conditions Deadline September 25, 2009 4 § 5.3 Buyer's Credit Information Deadline N/A 5 § 5.3 Disapproval of Buyer's Credit Information Deadline N/A 6 § 5.4 Existing Loan Documents Deadline N/A 7 § 5.4 Existing Loan Documents Objection Deadline N/A 8 § 5.4 Loan Transfer Approval Deadline N/A 9 § 6.2.2 Appraisal Deadline September 23, 2009 10 § 6.2.2 Appraisal Objection Deadline September 25, 2009 11 § 7.1 Title Deadline August 28, 2009 12 § 7.2 Document Request Deadline August 28, 2009 13 § 7.3 Survey Deadline DONE 14 § 7.4.4.1 CIC Documents Deadline N/A 15 § 7.4.5 CIC Documents Objection Deadline N/A 16 § 8.1 Title Objection Deadline September 02, 2009 PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFAST® So are, C2009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 10:48:29 17 § 8.2 Off -Record Matters Deadline August 28, 2009 18 § 8.2 Off -Record Matters Objection Deadline September 02, 2009 19 § 8.3.2 Survey Objection Deadline September 23, 2009 20 § 8.6 Right Of First Refusal Deadline N/A 21 § 10.1 Seller's Property Disclosure Deadline N/A 22 § 10.2 Inspection Objection Deadline September 21, 2009 23 § 10.3 Inspection Resolution Deadline September 25, 2009 24 § 10.5 Property Insurance Objection Deadline September 25, 2009 25 § 12 Closing Date October 01, 2009 26 § 17 Possession Date October 01, 2009 27 § 17 Possession Time TIME OF CLOSING 28 § 32 Acceptance Deadline Date August 26, 2009 29 § 32 Acceptance Deadline Time 9 PM n/a n/a n/a n/a n/a n/a n/a n/a 26 27 28 29 30 31 32 33 34 35 36 37 38 3. INCLUSIONS AND EXCLUSIONS. 39 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 40 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and 2 41 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jack 42 plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built - 43 vacuum systems (including accessories), garage door openers including NO remote controls; and ❑ 44 N/A 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that th corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution ( this Contract) means the date upon which both parties have signed this contract. 2.5 Day; Computation of Period of Days, Deadline. 2.5.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United States Mountai Time (Standard or Daylight Savings as applicable). 2.5.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specifie the first day is excluded and the last day is included, e.g. three days after MEC. In the event any deadline falls on a Saturda Sunday or federal or Colorado state holiday (Holiday), such deadline 0 Shall 0 Shall Not be extended to the ne day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended. 45 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of th 46 Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rod 47 drapery rods, fireplace inserts fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checke 48 the following are included: U Water Softeners LJ Smoke/Fire Detectors 0 Security Systems 0 Satellite Systen 49 (including satellite dishes). 50 3.1.3. Other Inclusions. 51 NONE OTHER 52 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except person 53 property taxes for the year of Closing), liens and encumbrances, except 54 N/A 55 Conveyance shall be by bill of sale or other applicable legal instrument. 56 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 57 NONE 58 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except person 59 property taxes for the year of Closing), liens and encumbrances, except PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFA$T® Software, ®2009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty 8 Associates, LLC 08/21/09 13:18:09 Buyer(s '" V 60 N/A 61 Conveyance shall be by bill of sale or otherApplicable plicable legal instrument. 62 3.1.5. Parking and Storage Facilities. LJ Use Only ❑ Ownership of the following parking facilities: 63 N/A 64 and ❑ Use Only ❑ Ownership of the following storage facilities: 65 N/A 66 3.1.6. Water Rights, Water Interests, Water and Sewer Taps. The following legally described water rights: 67 none 68 Any water rights shall be conveyed by ❑ N/A Deed ❑ Other applicable legal instrumen 69 3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buye 70 Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used fe 7l ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form for the well. If a 72 existing well has not been registered with the Colorado Division of Water Resouces in the Department of Natural Resource 73 (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no persc 74 will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixi 75 days after Closing. The Well Permit # is 214858 76 3.1.6.2. ❑ Water Stock Certificates: 77 N/A 78 3.1.6.3. S Water Tap S Sewer Tap 79 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, tits 80 and other restrictions for transfer and use of the tap. 81 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 82 N/A 83 3.2. Exclusions. The following items are excluded: 84 OFFICE STALL WITH SLIDING DOOR, STORAGE SHED ON THE EAST SIDE OF THE MAIN BUILDING. PROPANE TANK IS LEASED. 85 4. PURCHASE PRICE AND TERMS. 86 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 87 Item No. Reference Item Amount Amount I § 4.1 Purchase Price — 2 § 4.2 Earnest Money 3 § 4.5 New Loan n/a 4 § 4.6 Assumption Balance 5 § 4.7 Seller or Private Financing n/a 6 n/a n/a n/a n/a 7 n/a n/a n/a n/a 8 § 4.3 Cash at Closing 9 TOTAL 88 89 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of PERSONAL CHECK 90 is part payment of the Purchase Price and shall be payable to and held by PREMIER TITLE IN BRIGHTON 91 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendert 92 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2.3) for its payment. 93 Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below, Closing Instructions signed by Buye 94 Seller and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. The partil 95 authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or befo 96 Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a flu 97 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree th 98 any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred 99 such fund. PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-o9, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFA$I$n Spf ware, ©2009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 10:48:29 Buyer s Pa e3 Se r(s)/'t( 100 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time c 101 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3). 102 4.3. Forms of Funds; Time of Payment; Funds Available. All amounts payable by the parties, at Closing, including any loa 103 proceeds, Cash at Closing and closing costs, shall be n funds that comply with all applicable Colorado laws, including electroni 104 transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds). All funds required to be paid t 105 Closing shall be timely paid to allow disbursement by Closing Company at the time of Closing__OR SUCH PARTY SHALL BI 106 IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, ® Does Does Not have funds that as 107 immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 108 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of $ N/A 109 to assist with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Selle 10 agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge, expense c 11 expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seth 12 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of Sell( 13 Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess amount. 14 4.5. New Loan. 115 4.5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer's loan costs, loa 16 discount points, prepaid items and loan origination fees, as required by lender. 17 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer, including a differet 118 loan than initiallly sought, except as restricted in § 4.5.3 or § 26, Additional Provisions. 119 4.5.3. Loan Limitations. Bu)4Ter may purchase the Property using any of the following types of loan: ® Convention. 120 ❑ FHA ❑ VA O Bond LI Other N/A 121 4.5.4. Good Faith Estimate - Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions an 122 costs of Buyer's New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buys 123 with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan application. Buyer shoul 124 also obtain an estimate of the amount of Buyer's monthly mortgage payment. If the New Loan is unsatisfactory to Buye 125 then Buyer may terminate this Contract pursuant to § 5.2 no later than Loan Conditions Deadline (§ 2.3). 126 4.6. Assumption. [OMITTED AS INAPPLICABLE] 127 4.7. Seller or Private Financing. [OMITTED AS INAPPLICABLE] 128 5. FINANCING CONDITIONS AND OBLIGATIONS. 129 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New Loan), 130 if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make a verifiable application f 131 Loan Application Deadline (§ 2.3). 132 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upc 133 Buyer determining, in Buyer's subjective discretion, whether the New Loan is satisfactory to Buyer, including its availabilit 134 payments, interest rate, terms, conditions, and cost of such New Loan. This condition is for the benefit of Buyer. If such Ne 135 Loan is not satisfactory to Buyer, Seller must receive written notice to terminate from Buyer, no later than Loan Conditiot 136 Deadline (§ 2.3), at which time this Contract shall terminate. IF SELLER DOES NOT TIMELY RECEIVE WRITTE 137 NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED, AND BUYER'S EARNES 138 MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRAC' 139 (e.g., Appraisal, Title, Survey). 140 5.3. Credit Information and Buyer's New Senior Loan. [OMITTED AS INAPPLICABLE] 141 5.4. Existing Loan Review. [OMITTED AS INAPPLICABLE] 142 6. APPRAISAL PROVISIONS. 143 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., roi 144 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contra 145 (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller's receipt of tl 146 Requirements. Seller's right to terminate in this § 6.1 shall not apply if on or before any termination by Seller pursuant to th 147 § 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are completed by Selle 148 or (3) the satisfaction of the Requirements is waived in writing by Buyer. , 149 6.2. Appraisal Condition. 150 0 6.2.1. Not Applicable. This § 6.2 shall not apply. 151 ® 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase Fri, 152 exceeds the Property's valuation determined by an appraiser engaged by BUYER ' S LENDER . The apprais 153 shall be received by Buyer or Buyer's lender on or before Appraisal Deadline (§2.3). This Contract shall terminate by Buy 154 delivering to Seller written notice of termination and either a copy of such appraisal or written notice from lender th 155 confirms the Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objectic 156 Deadline (§ 2.3). If Seller does not receive such written notice of termination on or before Appraisal Objection Deadlii 157 (§ 2.3), Buyer waives any right to terminate under this section. 158 0 6.2.3. FHA. It is expressly agreed that notwithstanding any other provisions of this Contract, the Purchaser (Buyer) shl 159 not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnc 160 Money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requiremer 161 a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorseme PREPARED BY: Brian Morgan CCIM, LIPS, GRI, Owner C8S1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE, Colorado Real Estate Commission RealFAST® Software, 02009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC ,Palge 4 Seller(s) �✓1._ 08/21/09 10:48'.29 Buyer(s 162 lender, setting forth the appraised value of the Property of not less than S n/a The Purchaser (Buyer) sha'. 163 have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraise 164 valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urba. 165 Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) shout 166 satisfy himself/herself that the price and condition of the Property are acceptable. 167 0 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall nc 168 incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Propert 169 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by th 170 Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with th 171 consummation of this Contract without regard to the amount of the reasonable value established by the Department c 172 Veterans Affairs. 173 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid b 174 ® Buyer 0 Seller. 175 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 176 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller's expense, 177 current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if thi 178 box is checked, 0 An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver t 179 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Seller 180 expense, Seller shall cause the title insurance policy_to be issued and delivered to Buyer as soon as practicable at or aft( 181 Closing. The title insurance commitment 0 Shall Shall Not commit to delete or insure over the standard exceptior 182 which relate to: (I) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's lien: 183 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed to 184 sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by 0 Buye 185 0 Seller. 186 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall hay 187 the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer ma 188 exercise Buyer's rights pursuant to § 8.1. 189 7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Seller's expense, shall furnish to Buyer an 19O MORGAN BRATTY & ASSOCIATES, LLC (I) copies of an 191 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to t 192 furnished, and if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such documents) liste 193 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish then 194 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). Th 195 requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county where tI 196 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnishe 197 pursuant to this section, constitute the title documents Title Documents). 198 7.3. Survey. On or before Survey Deadline (§ 2.3) Seller ❑ Buyer shall order or provide and cause Buyer (and the issw 199 of the Title Commitment or the provider of the opinion of title if an abstract) to receive a current ❑ Improvement Survey Ph 200 ❑ Improvement Location Certificate ❑ N/A 201 (the description checked is known as Survey). An amount not to exceed $ DONE for Survey shall be paid 1 202 Z Buyer ❑ Seller. If the cost exceeds this amount, ® Buyer ❑ Seller shall pay the excess on or before Closing. Buy 203 shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, before Survey is ordere 204 Buyer's written agreement to pay the required amount to be paid by Buyer. 205 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association 206 declarations, bylaws, operating agreement, rules and regulations, party wall agreements, minutes of most recent annual owner 207 meeting and minutes of any directors' or managers' meetings during the six-month period immediately preceding the date of th 208 Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet, (2) annu. 209 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). 210 ❑ 7.4.1. Not Applicable. This § 7.4 shall not apply. 211 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTERES 212 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF TH 213 PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNIT 214 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. TH 215 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATION 216 UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF TH 217 ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE 218 LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AN 219 RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGE 220 TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTE 321 OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHI 222 THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS C 223 MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FO PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFA$Tre, 02009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 10:48:29 Buyer 224 THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 225 ® 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. Buyer ha 226 reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its owner. 227 and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of § 8.5. 228 7.4.4. CIC Documents to Buyer. 229 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, a 230 Seller's expense, on or before CIC Documents Deadline (§ 2.3). 231 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer 232 at Seller's expense. 233 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receip 234 of the CIC Documents, regardless of who provides such documents. 235 7.4.5. Conditional on Buyer's Review. If the box in either § 7.4.4.1 or § 7.4.4.2 is checked, the provisions of this § 7.4.. 236 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's subjective discretior 237 signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents Objection Deadline (§ 2.3; 238 shall terminate this Contract. 239 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the right, E 240 Buyer's option, to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer's receipt o 241 the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would otherwis 242 be required to be delivered after Closing Date (§ 2.3), Buyer's written notice to terminate shall be received by Seller on o 243 before three days prior to Closing Date (§ 2.3). If Seller does not receive written notice from Buyer within such time 244 Buyer accepts the provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this section i 245 waived, notwithstanding the provisions of § 8.5. 246 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 247 8. TITLE AND SURVEY REVIEW. 248 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice c 249 unmerchantability of title, unsatisfactory form or content of Title Commitment or notwithstanding §13, of any other unsatisfactor 250 title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be signed by or on behalf of Buye 251 and delivered to Seller on or before Title Objection Deadline. (§ 2.3), provided such Title Documents are received by Buyer i 252 a timely manner. If there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the nev 253 Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however, Buyer shall have five day 254 to deliver the Notice of Title Objection after receipt by Buyer of the following documents: (I) any required Title Document nc 255 timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the Title Commitment. If Seller does nc 256 receive Buyer's Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title a 257 disclosed by the Title Documents as satisfactory. 258 8.2. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off -Record Matters Deadlin 259 (§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer a 260 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title mattes 261 (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has acm: 262 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property ni 263 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights 264 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall t 265 signed by or on behalf of Buyer and delivered to Seller on or before Off -Record Matters Objection Deadline (§ 2.3). If Sell( 266 does not receive Buyer's notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which Buy( 267 } ' has actual knowledge. 268 �Survey Review. 269( k(, 8.3.1. Not Applicable. This § 8.3 shall not apply. 27 - 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect Survey. If writte 271 / notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8.2 or § 13, is receive 272 by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an unsatisfactory tit. 273 condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey < 274 satisfactory. 275 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATIOI 276 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABL 277 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED A 278 RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHER 279 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCI 280 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE TH 281 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNT' 282 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAININI 283 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AN. 284 RECORDER, OR THE COUNTY ASSESSOR. 285 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, 286 written notice, by or on behalf of Buyer, is received by Seller on or before Off -Record Matters Objection Deadline (§ 2.3), th PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFA$ S are. ©2009, , Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC Buyer(s� Ni 08/21/09 10:48'.29 Seller(s) /,Page 6i 287 Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property 288 inclusion in such special taxing district and waives the right to terminate for that reason. 289 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in §§ 8 and 13. 290 Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provide 291 in §§ 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the sari 292 prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contra' 293 shall terminate: provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to sue. 294 items. 295 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve th 296 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of tt 297 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract she, 298 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain 299 full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal e 300 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 2.3), this Contract shall terminate. 301 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed careful) 302 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, includir 303 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases ar 304 other unrecorded agreements, and various laws and governmental regulations concerning land use, development a 305 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer i 306 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may ho 307 interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give the 308 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buy 309 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contra 3 I 0 [e.g., Title Objection Deadline (§ 2.3) and Off -Record Matters Objection Deadline (§ 2.3)]. 311 9. LEAD -BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings I 312 which a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed Lead -Based Pai 313 Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the completed at 314 fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a complete 315 Lead -Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees. 316 I0. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURC 317 OF WATER. 318 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller agrees 319 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure for 320 completed by Seller to the best of Seller's actual knowledge, current as of the date of this Contract. 321 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Proper 322 and Inclusions, at Buyer's expense. If (1) the physical condition of the Property, (2) the physical condition of the Inclusions, 323 any proposed or existing transportation project, road, street or highway, or (4) any other activity, odor or noise (whether on or c 324 the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory in Buyer's subjective discretio 325 Buyer shall, on or before Inspection Objection Deadline (§ 2.3): 326 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 327 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition whit 328 Buyer requires Seller to correct. 329 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical condition of 6 330 Property and Inclusions shall be deemed to be satisfactory to Buyer. 331 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed 332 writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate one d 333 following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer's written withdra« 334 of the Notice to Correct. 335 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for 336 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for a 337 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kil 338 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Sell 339 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lit 340 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liabilii 341 damage, cost or expense, or to enforce this section, including Seller's reasonable attomey and legal fees. The provisions of it 342 section shall survive the termination of this Contract. 343 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with the availabilii 344 terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or befo 345 Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buy, 346 If said notice is not timely received, Buyer shall have waived any right to terminate under this provision. 347 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does ❑ Does Not need to sell and close a property to comple 348 this transaction. Note: Any property sale contingency should appear in Additional Provisions (§ 26). 349 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does ❑ Does N PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS'. -5-09. CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFAST S are, ©©2009, Version 6.16. Software Registered to. Linda & Brian Morgan, Morgan Realty & Associates, LLC 06/2110910'48.29 Buyer; Seller(s) r Page 7 350 acknowledge receipt of a copy of Seller's Pro,.perty Disclosure or Source of Water Addendum disclosing the source c 351 potable water for the Property. Buyer ❑ Does L I Does Not acknowledge receipt of a copy of the current well permit. ❑ Ther 352 is No Well. 353 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNI 354 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE 355 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 356 10.8 Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel -fired heater or appliance, a fireplace, c 357 an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge the 358 Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of th 359 entrance to each Bedroom or in a location as required by the applicable building code. 360 11. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only). If the Property is residential, an 361 Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller i 362 required to disclosue such fact. No disclosure is required if the Property was remediated in accordance with state standards and oth, 363 requirements are fulfilled pursuant to § 25-18.5-102, C.R,S. Buyer further acknowledges that Buyer has the right to engage a certifie 364 hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If Buyer's te: 365 results indicate that the Property has been contaminated with methamphetamine, but has not been remediated to meet the standarc 366 established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give writte 367 notice to Seller of the results of the test, and Buyer may terminate this Contract, nothwithstanding any other provision of this Contrac 368 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as tt 369 Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 370 MUTUAL CONSENT 371 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the otht 372 terms and provisions hereof, Seller shall execute and deliver a good and sufficient WARRANTY 373 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Excel 374 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvemen 375 installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: 376 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted t 377 Buyer in accordance with (Title Review (§ 8.1), 378 13.2. distribution utility easements (including cable TV), 379 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowled& 380 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and Survey Revie 381 (§ 8.3), 382 13.4. inclusion of the Property within any special taxing district, and 383 13.5. other N/A 384 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from tt 385 proceeds of this transaction or from any other source. 386 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 387 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to 388 paid at Closing, except as otherwise provided herein. 389 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required 1 390 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary i 391 reasonably required documents at or before Closing. 392 15.3. Closing Services Fee. The fee for real estate Closing services shall be paid at Closing by ❑ Buyer ❑ Seller ® One -Ha 393 by Buyer and One -Half by Seller ❑ Other N/A 394 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instruction 395 Such Closing Instructions ® Are ❑ Are Not executed with this Contract. Upon execution, Z Seller ❑ Buyer shall deli‘' 396 such Closing Instructions to the Closing Company. 397 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Stan 398 Letter) shall be paid by ❑ Buyer ❑ Seller ❑ One -Half la Buyer and One -Half by Seller. Any transfer fees assessed by tt 399 Association (Association's Transfer Fee) shall be paid by L-1 Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Selle 400 15.6. Local Transfer Tax. ❑ The Local Transfer Tax of n/a Ye of the Purchase Price shall be paid at Closing t 401 ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller. 402 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due t 403 ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller. 404 16. PRORATIONS. The following shall be prorated to Closing Date (§ 2.3), except as otherwise provided: 405 16.1. Taxes. Personal property taxes, if any, and eneral real estate taxes for the year of Closing, based on ❑ Taxes for U 406 Calendar Year Immediately Preceding Closing N Most Recent Mill Levy and Most Recent Assessed Valuation, adjustt 407 by any applicable qualifying seniors property tax exemption, or ❑ Other N/A 408 16.2. Rents. Rents based on ❑ Rents Actually Received ❑ Accrued. At Closing, Seller shall transfer or credit to Buyer tt 409 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of su< 410 transfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect at Closing and Buyer shE PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission ReaIFASTt Software, ©2009, Version 6.16. Software Registered to. Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 10:48:29 Buyer(s) I Seller(s) Page 8 411 assume such leases. 412 \\f613.\A3sbblation\M e klilthtst\ilri\e`rit kegAiiiiAASsVsNANh'a e'?ilsetrkl' hakl\s ac\itetlaFl.Hhis\(14\s`sbaiViattk\`1 s\d,`ehts).joNl 413 \\h\3d\iNhc\e\Midti\M \edS d'ta'&'lbt\hINttdslltg.\6,44\ise r've' M\dilt\di\ttth rIh\klbldc'i'ddrt\1AtMsltubhtt\tbk\ifen`iet 414 \\thaiktetlkhee\6y\1\AMoabNahkhd]kh661ie\crbaitdd\tb\4elhelcItMrthtnhybbbtherk,'e\IkAkIltabj`thdkahtlrtg\bihatLivarlA 415 \'A 1k tcYdl\a\ 3rkbrlt\ayXthbwA,sbktatihh'IbI'IMISAANiUNt`thdtvta\Mb`bbaalrlstdlletl\ds\dt\thatlAte\6613e s\slgn`attk§`hbkdol 416 \\ ANN bbhhAahligetbk`1\6'lh& \k\\ty\dthar\s'p' Iti`at sh§.slttdn't .k sit"\ 0ddr`ta \( a.N>4`thc\k1\tdclddo\r\sYi \t1( 417 \\thatbliOttott\dt\aBhjie\O`HaI1\S Nbr\abee\sark3ttidt\ e\A3sbblatbk\4ssb strk111s\arhbkkkhf y\w y\a'btc\ht\4\bYk\\\\\\ 418 \\Oe\nl'\\\\\\\\\\\\ha`that\tttak\a\,klkh0aia\Athl\11tbksjvadihnhssaskkkts\tegaitls't\tka\Praddrty\hAee0`thAbhk61\ 419 \\rhall:\hssas\skktAk\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 420\\11.1a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 421 \ \9rkk\ hs`s§§strkltts\ AM\ \hhjbat\ bd. bhhr*\ )i Ni*S itlba ih\fhh\tyhtbrkktg\ tkkhM hts\ VANN bit ebt \t\Irbt11 ity\ keq'u'S\ Nt\ 42?\w"66ktbNbatdaaltaettdBkyar'aie`fah\lCldsl463t%\g\1\3)\a\6thie`rltAa`cds\hand:\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 4?3 \\1\614,\t9tAcY\Rr\oYAkibhl.\VkatAk'nr1d.4A+>dr`ck'at`gb3;\iktetestbh>ikjbbhtltkkht)ldatl)eta\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 424 \\rid\a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 425 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final. 4?6 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3), subjec 427 to the following leases or tenancies: 4?$ TENANT WILL BE OUT BY THE END OF SEPTEMBER 30, 2009. IF THE TENANT IS NOT OUT OF THE BUILDING AND OFF THE PROPERTY BY THE CLOSING DATE THE SELLER IS RESPONSIBLE FOR THE EVICTION OF THE TENANT AND ALL COSTS INCLUDING ATTORNEY'S FEES. THIS CONTRACT WILL BE EXTENDED FOR TWO WEEKS AND AFTER THE 15TH DAY THIS CONTRACT WILL TERMINATE AND ALL EARNEST MONEY WILL BE RETURNED TO THE BUYER'S. 429 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liabl 430 to Buyer for payment of $ 300.00 per day (or any part of a day notwithstanding § 2.5.1) from the Possession Date and 431 Possession Time (§ 2.3) until possession is delivered. 43? Buyer ❑ Does ® Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 433 18. ASSIGNABILITY AND INUREMENT. This Contract ® Shall ❑ Shall Not be assignable by Buyer without Seller's prio 434 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, persom 435 representatives, successors and assigns of the parties. 436 19. CAUSE OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK 437 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the conditio. 438 existing as of the date of this Contract, ordinary wear and tear excepted. 439 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prio 440 to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same befor 441 Closing Date (§ 2.3). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contrac 442 may be terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should Buye 443 elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds th( 444 were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus th 445 amount of any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price. In the event Selle 446 has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer th 447 amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 448 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the Property 449 e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever shall b 450 earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age an 451 quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture i 452 not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair c 453 replacement. Seller and Buyer are aware of the existence of pre -owned home warranty programs that may be purchased and ma 454 cover the repair or replacement of some Inclusions. The risk of loss for damage to growing crops by fife of other casualty sha 455 be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insuranc 456 proceeds or benefits for the growing crops. 457 19.3. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through th 458 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 459 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge th( 460 the respective broker has advised that this document has important legal consequences and has recommended the examination of titl 461 and consultation with legal and tax or other counsel before signing this Contract. 46? 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Eame 463 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is nt 464 performed or waived as herein provided, there shall be the following remedies: 465 21.1. If Buyer is in Default: 466 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Mone 467 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover suc PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission ReaLFA$T® S are, ©2009, Version 6.16. Software Registered to'. Linda & Brian Morgan, Morgan Realty & Associates. LLC 08121109 10 4629 Buyer( / � r e9 Sellers) 468 damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have thr 469 right to specific performance or damages, or both. 470 ® 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid tc 471 Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed that thi 472 Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fai 473 and reasonable and (except as provided in §§ 10.4, 19, 22, 23 and 24), said forfeiture shall be SELLER'S SOLE ANC 474 ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies o 475 specific performance and additional damages. 476 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money receiver 477 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract a 478 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 479 22. LEGAL FEES, COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract, prior to or afte 480 Closing Date (§ 2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorne' 481 and legal fees. 482 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall firs 483 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person whi 484 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute mus 485 agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in th 486 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved withil 487 thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. Thi 488 section shall not alter any date in this Contract, unless otherwise agreed. 489 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Mone: 490 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Eames 491 Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Eames 492 Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money intr 493 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buye 494 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller', 495 containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to th 496 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder doe 497 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse th 498 Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). The provisions of thi 499 § 24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in § 34 or § 35. 500 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and th 501 parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 23 and 24. 502 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estat 503 Commission.) 504 1. Buyer's reserve the right to change financing so long as it does not change the seller's net proceeds or qualifications. 2. Seller(s) agree to provide, at their expense a receipt for satisfactory septic cleaning and satisfactory inspection certificate on the system on the herein property. Sellers to provide most current documents on the well and certify that it is legally registered with Water Resources. 3. This contract is expressly contingent upon the Buyer's getting their financing for this conventional loan for the sales price of $800,000.00. 4. Seller is aware that Buyer intends to perform an IRC Section 1031 tax deferred exchange. Buyer requests Seller's cooperation in such an exchange and agrees to hold seller harmless from any and all claims, costs, liabilities, or delays in time resulting from such an exchange. Seller agrees to an assignment of this contract by the Buyer. 5. Any and all Mineral Rights are excluded from the sale of the property. 6. Railroad lease is included and is paid up until 2022 if it can be transferred, the seller will d. so. If it can not be transferred then the Seller will sublease it to the Buyer's for the sum of $1.00 or they will terminate the original lease with the Rail Road and all money will be used to go towards the new lease in the Buyer's name. 7. The Subject Property has been Zoned I-3 with Weld County Zone NO. CZ 1151 8. This contract is expressly contingent upon a Phase 1 Environmental Study being done by the Selle: and having satisfactory results. 505 27. ATTACHMENTS. The following are a part of this Contract: PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission RealFA re, ©2009, Version 6.16. Software Registered ta. Linda 8 Brian Morgan. Morgan Realty 8 Associates. LLC 08/21/091517:55 1I C6i • • 506 SOURCE OF WATER ADDENDUM AND WELL PERMIT WELD COUNTY ASSESSOR PROPERTY PROFILE 507 Note: The following disclosure forms are attached but are not a part of this Contract: 508 N/A 509 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited t 510 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Propert 511 Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10). 512 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute th 513 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral c 514 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall b 515 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract tha 516 by its terms, is intended to be performed after termination or Closing shall survive the same. 517 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies, then 518 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect. The Ai 519 generally requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty days delinquent or in defaul 520 (3) Buyer does not reside in the Property for at least one year and (4) Buyer is subject to the Act. Buyer ❑ Will ❑ Will Not occup: 521 the Property as Buyer's personal residence for at least one year. The parties are further advised to consult with their own attorney. 522 31. NOTICE, DELIVERY AND CHOICE OF LAW. 523 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a signe 524 or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf of Buyer, any name 525 individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except for delivery, aftc 526 Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. Any document, includin 527 a signed document or notice, delivered to Seller shall be effective when physically received by Seller, any signator on behalf c 528 Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller (except fc 529 delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. 530 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document and any writte 531 notice may be delivered in electronic form only by the following indicated methods: ® Facsimile ® E-mail ® Interne 532 ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 533 31.3 Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance wit 534 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for propert 535 located in Colorado. 536 32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Selle: 537 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 31 on or befor 538 Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contra( 539 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed 540 copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 541 BUYER J l"el !f ) !-> 4t� DON L ESPINOZA ///" BUYER r �./ JILL J(ANN PINOZA 542 Email Address: . 543 544 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 33] 545 PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner C8S1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission ReatFAST® Software, ©2009, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 15.32:23 DATE '� k --1 '©. DATE Of. ) / '`-( � ge 11 Seller(s) / : I - CA • • SELLER �/{ W l; /L�lir/r Kristi Walker SELLER Sam Hill Personal Representative 546 Email Address: 547 548 549 550 551 552 553 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 554 (To be completed by Broker working with Buyer) 555 556 Broker ❑ Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contra( 557 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is oth 558 than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must f 559 obtained on or before delivery of Earnest Money to Earnest Money Holder. 560 561 Broker is working with Buyer as a 0 Buyer's Agent ❑ Seller's Agent ® Transaction -Broker in this transaction. 562 ❑ This is a Change of Status. 563 564 Brokerage Firm's compensation or commission is to be paid by ® Listing Brokerage Firm ❑ Buyer 565 ❑ Other none other ?ie DATE DATE kl 2Z, __ 6) 33. COUNTER; REJECTION. This offer is 0 Countered 0 Rejected. Initials only of party (Buyer or Seller) who countered or rejected offer END OF CONTRACT TO BUY AND SELL REAL ESTATE 566 Brokerage Firm's Name: Morgan Realty S Associates, LLC 1401 E Bridge St. Brighton Co. 80601 Phone: 303 659-3101, By: Fax: 303 659-0413 Date Signature Brian Morgan CCIM, CIPS, GRI 567 Email Address: n/a 568 569 35. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 570 (To be completed by Broker working with Seller) 571 572 Broker ❑ Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contra 573 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is off. 574 than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must 575 obtained on or before delivery of Earnest Money to Earnest Money Holder. 576 577 Broker is working with Seller as a ❑ Seller's Agent ❑ Buyer's Agent ® Transaction -Broker in this transaction. ® This is 578 Change of Status. 579 580 Brokerage Firm's compensation or commission is to be paid by ® Seller ❑ Buyer ❑ Other n/a PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRACT TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission ReaIFAST® Software, ©2009, Verson 6.16. Software Registered to: Linda & Brian Morgan. Morgan Realty & Associates, LLC (� w 08/21/09 15:17:55 Buyer(s) .1 Page 12 581 582 Date: August 17, 2009 583 Brokerage Firm's Name: MORGAN REALTY & ASSOCIATES, LLC. 584 Broker's Name: BRIAN MORGAN 585 586 587 Address: 588 589 Phone No.: 590 Fax No.: 591 Email Address: 1401 E BRIDGE ST BRIGHTON CO. 80601 303 659-3101 303 659-0413 moraprop@aol.com Broker's Signature PREPARED BY: Brian Morgan CCIM, CIPS, GRI, Owner CBS1-5-09, CONTRA T TO BUY AND SELL REAL ESTATE. Colorado Real Estate Commission ReaIFASTO Softw e c1+9, Version 6.16. Software Registered to: Linda & Brian Morgan, Morgan Realty & Associates, LLC 08/21/09 15:17.55 Buyer( pa a 13 of Seller(s) MINERAL AGREEMENT I, Kristi Walker, own the mineral rights lying under the property described as Lot B of Recorded Exemption 3949 being part of the NW4 Section 20, Township 2 North, Range 66 West of the 6'" P.M., Weld County, Colorado. I have no concerns regarding conflicts with Don's Oil Field Service Inc. operating their business from the property. Kristi Walker • 'IC HEAL H AND EN 'IRONMENJ. NUE, GREEL CO 80631 n--01- - 6415 FAX (9 )304-6411 atus: 00337 Sec/Twn/Rng: St ,,emit" Type: CNEW C=commercial, R=residential + NEW, REPair, VauLT Parcel No: 1309 20 0CC4 Location: 13066 WCR 20 FT LUPTON 20-2-66 Legal Desc: APPLICANT WALKER JACK 13550 GRANDBY ST, BRIGHTON CO 80601 OWNER WALKER JACK 13550 GRANDBY ST, BRIGHTON, CO 80601 SEPT-INSTL SELF X, GREELEY CO 80631 SEPT-ENGR ALPHA ENGINEERING PO BOX 392, FORT LUPTON COLORADO, NO LONGER IN BUSINESS 80621 Applied: 07/14/1999 Issued: 07/27/1999 Finaled: (� O� C/ Phone: Phone: Phone: 303-659-4640 303-659-8722 (970) 999-9999 Phone: (303) 857-2308 Description: SHOP Commercial (Y/N): Number of Persons: Number of Bedrooms: Water Public (Y/N): rater Private (Y/N): Water Permit No: Percolation Rate: % Ground Slope: sngineer Design Req'd (Y/N) Zinimum Installation Septic Tank: 1000 gal kctual Installation Septic Tank: t gal Design Type: 0 guNt y Residential (Y/N): 10 Basement Plumbing (Y/N): Bathrooms-> Full: Utility Name: Cistern (Y/N): N Y 214858 5.0 Limiting Zone: Dir: Soil Suitable N 00 ft 00 in (Y/N) : N In 100 Acres: 13.37 3/4: 1/2: 2 Well(Y/N): Y Desc: GRAVEL Yr Flood Absorption Trench: Absorption Bed: Absorption Trench: Absorption Bed: 265 Plain (Y/N) : sq. ft. sq. ft. sq. ft. sq. ft. NOTICE the issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Health Department. X Environmental Specialist Iq/(irl Date nun. II. LIMO II:4YRtt MVIIVRN KtALIT fl RbSULIAlt4 LLL 1 Fain Na GWS-25 APPJCANT OFFICE OF THE tit ENRI al COLOMBO ORRSION OF WATER EE,SOURCES • 018 Cr iwuY radp.. I3$3 ass St, Oscar, Calmaal20l pool @asst, GLEN H WOMACK 13550 GRASSY ST BRIGHTON CO 80601- (3IXf-4840 POUT 70 CONSTRUCT A WELL No. 2531 P. 3 • 857 LIEU_ PERIM NIA 214858 DV. 1 Wit 82 WD 2 DES. BASIN PAD Lot httaerr. raw Sre APPROVED WELL 'OVATION WELD COMM WE 114 PM 114 Section 20 Twp 2N RANGE NW 87h P.M. DISTANCES FROM SECTION UNE5 750 FL from North Section Ling 225 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WAITER RIGHT carrots OFAPPROVAL 1) Ths well stall be used in such any es to cause no menial nary to Sang wear right The Issuance of the permit does in assure the appicat tut no tiny will occur m another rested war right a mina anodes owner d a reseed weer fide teen awing reed in a due asut mast. 2) Thelconstruction d this well shat be in cum pierce ea the Waist Wed Constru yiat Rues 2 CCR 402-2, unless shone! d a ran Ise been waned by the Sale Board d Eraminers.d Water Wee Constrtan and Pare roux sties contractors in accetinee sub lug 18. 3) Approved pursuant m CRS 37 and the poky d the Star Engineer dried 4/11/05 forappropdatbn of ground water Mrbrtay to the South Plate liar system. 4) Approved es me only well on a ate d 13.37 acres dumbed es pet oldie NWt/4, NWt/4 Section 20, Township 2 North, Range CO West, Sentinpal Madden, also know ash 2 d moorded esernpdar 1300 -20 -2 -RE -1039, Weld qty. 5) The use d ground we earn this well is rapes le drilling and sanity facades as desabed in CRS 37.92.602(t)(d. fora oo nsiental buskins. waletnewts welt shall not be used tor lawn a S tsape irrigation or for any atter purpose cubicle the business heft sir>rcaae. i) The total depth alibis wee attar in steed 80 leek a Me Teat omitting clay/shale series enoastterd, titterer canes that end wltich corresponds m as bete of alle Sewn aquae. 7) The mamma pumping rate sham not exceed 15 GPM 6) The maximum annual amount et ground water to be eihdrawn slue net exceed 113 scream (1061,800 gallons). 9) The return Tow front the use d ifs wee must be though an Shan waste water deposal system it the nonemparatire type whore the wale is retuned to the same seem system In with 8e was is baled. The niati um consumptive use d ground a dad not steed 10 proem. 10) A tatatring flow meter must be ;-n ad on this well and maidensd in good worang order. Permanent records of ad dentin must be maintained Ity the wee owner (recorded at wad annually) and Arbwited to the Division Engineer upon tequila. 11) This web ahem be constructed not more then 200 feet from the location spaded on cis paint - APPROVED RAN me ewer Receipt Na 0438690 DATE ISSUED DEC 17 S WOdiAnON DAN DEC 1 7 2908 62 A ry6i1x„v Hello