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Home My WebLink About20093435.tiff • ITh TETRA TECH February 6, 2008 Mr. Roger Caruso, Planner Weld County Department of Planning Services 918 Tenth Street Greeley, CO 80631 RE: USR-1637, Margaret Russell/Longs Peak Water District Dear Mr. Caruso: Thank you for your review of the Longs Peak Water District submittal for two 1.5 million gallon water tanks on the Russell property. This response letter specifically addresses the Conditions of Approval and notes to be placed on the Use by Special Review plat. Below is a list of the key issues outlined in your comments and our responses: Condition 1. A. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. The drill envelopes are delineated on the plat in accordance with the State requirements. Additionally, the USR boundaries are outside of any drill window. Condition I. B. The Use by Special Review shall be recorded concurrently, and thereafter, of SE-1125 for a Public Utility. It is acknowledged that the Use by Special Review shall be recorded concurrently, and thereafter, of SE-1125 for a Public Utility. Condition 1. C. The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services, Landscape referral, as stated in the referral response dated 10/31/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. ^__5'iee�sul° 2009-3435 Tel _,,8; Fax 3C37? AL OWL/4 • • Page 2 It TETRA TECH Mr. Roger Caruso January 25, 2008 Kim Ogle,Planning Manager and Landscape Architect for Weld County Department of Planning Services, has approved the seeding and mulching plan as shown on Sheet 2 of the USR plat. Erosion will be controlled during construction and post- construction and will be seeded and bedded to control soil stability and prevent erosionary processes. Condition 1. D. The applicant shall address the requirements (concerns) of the Colorado Division of Wildlife as stated in the referral response received 12/06/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The prairie dog colony located on the site will be removed in a humane manner during the winter months and will not affect the nesting season of the Burrowing Owl, and will follow the recommended procedures of the Division of Wildlife. Please see attached letter to Kathi Green with the Division of Wildlife. Condition 1. E. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil Conservation District as stated in the referral response received 11/01/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The site will be managed so that there are no noxious weeds on site. Re-seeding of the property during the construction phase will be completed per the plat. If noxious weeds do occur they will be mowed or sprayed according to Weld County's policies. Please see attached letter to the Longmont Soil Conservation District. Condition 1. F. The applicant shall attempt to address the requirements (concerns) of the Town of Mead as stated in the referral response received 11/02/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant and property owner are not willing to enter into annexation agreements with the Town of Mead at this time. Please see the attached letter to Joe Gerdom, Town of Mead. Condition 1. G. The applicant shall attempt to address the requirements (concerns) of the Weld County Sherriffs Office, as stated in the referral response dated 11/13/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant is interested in meeting with the Sheriff's Office in regard to a safety plan and will contact them to set the meeting up, when it is appropriate. Please see attached letter to Ken Poncelow. Condition 1. H. The applicant shall submit two (2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. H:\1738_034 Liberty Gulch Waterline\Planning\Weld County\January 25 Response to WC final ver.doc • • Page 3 E TETRA TECH Mr. Roger Caruso January 25, 2008 It is acknowledged that two paper copies of the plat will be submitted to the Weld County Department of Planning Services for preliminary approval Two copies are attached with this letter. Condition 1. I. Lot A shall use the existing agricultural access point from County Road 1. It is our understanding that this condition was changed during the hearing to read: "The SE-1125 lot shall use the existing agricultural access road from CR 1" The minutes from the hearing show on page 15 that Tom Holton motioned to amend item 1.I. Lot A is not a part of this USR. The USR is on Lot B of RE-3 784 and will be on a SE lot. All accesses will be shown on both the USR and SE plat Condition 1. J. The plat shall be amended to delineate the following: 1. The plat shall be labeled USR-1637. 2. The attached Development Standards. 3. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired, the signs shall adhere to Section 23-4-90.A and B. of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16) square feet in area per face. Further, the location of the sign, if applicable, shall be delineated on the Landscape / Site Plat. All structures, including signs, on-site must obtain the appropriate building permits. 4. The plat shall meet all the requirements of Section 23-2-380 of the Weld County Code. 5. County Road 1 is designated by the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of- way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. The plat shall delineate the existing right-of-way and the documents which created it along with an additional 10 feet or right-of-way from the existing right- of-way. The additional 10 feet of right-of-way shall be labeled County Road 1 future right-of-way. H:\1738_034 Liberty Gulch Waterline\Planning\Weld County\January 25 Response to WC final ver.doc • • Page 4 it TETRA TECH Mr. Roger Caruso January 25, 2008 The plat is labeled USR-1637. The development standards have been adder. Longs Peak will not have a sign at the facility. The plat meets all the requirements for Section 23-2-380 and shows 80 feet of right-of-way for full build out. Prior to construction the applicant shall contact the Department of Building Inspection to determine the appropriate building permits that may be required for all future construction associated with the facility. We appreciate the opportunity to work with the Planning Department on this project. If you have any additional questions or comments, please feel free to contact me. Thank you for your time and input on this project. Sincerely, TETRA TECH q 4 0_47 c:::,/,,,4; Julie Cozad Planning Department Manager Pc: Barry Dykes Ron Loose Margaret Russell file H:\I738 034 Liberty Gulch Waterline\Planning\Weld County\January 25 Response to WC final ver.doc ‘ • NWTETRA TECH February 6,2008 Kathi Green Acting Northeast Regional Manager State of Colorado,Department of Natural Resources Division of Wildlife 6060 Broadway Denver, CO 80216 RE: Margaret Russell/Longs Peak Water District, Use by Special Review (USR-1637) for a Major Facility of a Public Utility in Weld County, Colorado Dear Ms. Green: Thank you for your response to the referral request from Weld County for the Longs Peak Water District Use by Special Review Application. We have reviewed your comments and are addressing them as follows: The prairie dog colony located on the site will be removed in a humane manner during the winter months and will not affect the nesting season of the Burrowing Owl. The recommended procedures of the Division of Wildlife will be followed. Please contact me at 303-772-5282 with any questions regarding this letter or the Longs Peak Water District project. Thank you for your assistance. Regards, TETRA TECH LI Julie Cozad Planning Department Manager 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 wwwtetratech.com Ezi TETRA TECH February 6, 2008 Ms. Nancy McIntyre Longmont Conservation District 9595 Nelson Road, Box D Longmont, CO 80501 RE: Margaret Russell/Longs Peak Water District, Use by Special Review (USR-1637) for a Major Facility of a Public Utility in Weld County, Colorado Dear Ms. McIntyre: Thank you for your response to the referral request from Weld County for the Longs Peak Water District Use by Special Review Application. . We have reviewed your comments and are addressing them as follows: • Prime Farmground: The site for the water tanks is only 3.23 acres and the remaining property still owned by Margaret Russell will continue to be in pasture grass at this time. Overall,the property will not be changing significantly from its current uses. • Noxious weed control: Noxious weeds will be managed in disturbed areas. • Soils Limitations: Soils have been evaluated on the property and will be considered during the building permit process in Weld County. Please contact me at 303-772-5282 with any questions regarding this letter or the Longs Peak Water District project. Thank you for your assistance. Regards, TETRA TECH o i/A za a g t r i Julie Cozad Planning Department Manager 1900 S.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303 772.5282 Fax 303 772.7039 www.tetratech.com R:\5161_002_anderson\Documents\5161_002_03\Referral Agencies\COZ referral responses\Longmont SD response 092407.doc n • mrt TETRA TECH February 6, 2008 Mr. Joe Gerdom Town Planning Consultant Town of Mead 935 Petras Street Erie, CO 80516 RE: Margaret Russell/Longs Peak Water District, Use by Special Review(USR-1637) for a Major Facility of a Public Utility in Weld County, Colorado Dear Mr.Gerdom: Thank you for your referral for the Longs Peak Water District Use by Special Review application to Weld County. In your referral response dated November 7,2007,you expressed the following concern and our response follows: If this application is approved,we would ask that there be a stipulation added that the property owner agree to annexation by the Town by the year 2010 or at such time as the Town's corporate boundaries are within 500 feet of this property,which ever occurs first. Weld County's condition of approval stated"the applicant shall attempt to address the requirements(concerns) of the Town of Mead as stated in the referral response received 11/02/07. At this time,the applicant and property owner are not willing to enter into annexation agreements with the Town of Mead At such a time that annexation is desirable, the Town will be contacted[ We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Longs Peak Water District project. Thank you for your assistance. Regards, TETRA TECH c� a ,?5,.," Julie Cozad Planning Department Manager 1900 5.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com n • illb TETRA TECH February 6, 2008 Mr. Ken Poncelow Weld County Sheriff's Office 1950"O" Street Greeley, CO 80631 RE: Margaret RusselULongs Peak Water District, Use by Special Review (USR-1637) for a Major Facility of a Public Utility in Weld County, Colorado Dear Mr.Poncelow: Thank you for your referral for the Longs Peak Water District Use by Special Review application to Weld County. In your referral letter dated November 9,2007,you expressed the following concerns or recommendations. Our response follows: • The Sheriff's Office would be willing to assist in the development of a security plan for the site free of charge. The Longs Peak Water District is interested in working with the Sheriffs office to develop a security plan and will contact you. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Longs Peak Water District project. Thank you for your assistance. Regards, TE 1'KA TECH C &Th Planning Department Manag 1900 S.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 wwwtetratech.com RESOLU• OF THE WELD COUNTY PLANNING °OMISSION Moved by Mark Lawley that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1637 APPLICANT: Margaret Russell/Longs Peak Water District PLANNER: Roger Caruso LEGAL DESCRIPTION: Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LOCATION: 1/4 mile north of CR 34 and west of and adjacent to CR 1. be recommended favorably for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: A. Section 23-2-400.A.--Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The subject site is designated "High Potential— Dry" by the USDA Soil Conservation Services. The small size of the area (3.23 acres) severely limits its agricultural value and therefore impacts are minimal. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The subject property lies within the three-mile referral area of the Town of Mead. The Town of Mead, in their referral dated 11/15/07, stated that if the application is approved a stipulation should be added that the property owner agrees to annexation by the Town by the year 2010 or at such time as the Town's corporate boundaries are within 500 feet of this property, whichever occurs first. Prior to recording the plat the applicant will be required to submit an executed annexation agreement which will address the Town of Mead's concerns. The proposed Conditions of Approval and Development Standards ensure the proposal will not have an undue adverse effect on existing and future development of the surrounding area. C. Section 23-2-400.C.--The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The proposed facility will be compatible with surrounding land uses. While there are predominantly agricultural uses in the area,there are existing water tanks to the west of the property, USR-1175. The proposed Conditions of Approval and Development Standards will minimize negative impacts on the surrounding area. D. Section 23-2-400.D. --The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds.The proposed Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion conditions and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission and Board of County Commissioners to ensure that the health, safety,and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. --All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water Resolution USR-1637 • • Margaret Russell/Long Peaks Water District Page 2 or sewage disposal. The Conditions of Approval and Development Standards will minimize negative impacts on the existing agricultural uses and lands of the area. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The proposed structures will service the residents of the Longs Peak Water District. H. Section 23-2-400.H. -- This application will create limited, if any, demand for additional government services. Section 23-2-400.1. --The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Environmental Health air quality standards. J. Section 23-2-400.J. - Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A{ The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) Be,- The Use by Special Review shall be recorded concurrently,and thereafter,of SE-1125 for a Public Utility. (Department of Planning Services) C- The applicant shall address the requirements(concerns)of the Weld County Department of Planning Services, Landscape referral, as stated in the referral response dated 10/31/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D." The applicant shall attempt to address the requirements(concerns)of the Colorado Division of Wildlife as stated in the referral response received 12/06/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Division of Wildlife) EC The applicant shall attempt to address the requirements (concerns) of the Longmont Soil Conservation District as stated in the referral response received 11/01/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Longmont Soil Conservation District) i F. The applicant shall attempt to address the requirements(concerns)of the Town of Mead as stated in the referral response received 11/02/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) Resolution USR-1637 • • Margaret Russell/Long Peaks Water District Page 3 G.[- The applicant shall attempt to address the requirements (concerns) of the Weld County Sherriff's Office,as stated in the referral response dated 11/13/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sherriffs Office) rH. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Lot A shall use the existing agricultural access point from County Road 1. (Department of Public Works) J/The plat shall be amended to delineate the following: 1. The plat shall be labeled USR-1637. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen(16)square feet in area per face. Further,the location of the sign, if applicable shall be delineated on the Landscape/Site Plat. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 4. The plat shall meet all the requirements of Section 23-2-380 of the Weld County Code. (Department of Planning Services) 5. County Road 1 is designated by the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. The plat shall delineate the existing right-of-way and the documents which created it along with an additional 10 feet or right-of-way from the existing right-of-way. The additional 10 feet of right-of-way shall be labeled County Road 1 future right-of-way. (Department of Public Works) Prior to Construction: A. The applicant shall contact the Department of Building Inspection to determine appropriate Building permits that may be required for all future construction associated with this facility. Department of Planning Services) 3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be Resolution USR-1637 • • Margaret Russell/Long Peaks Water District Page 4 sent to mapsco.weld.co.us. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty(30) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) Resolution USR-1637 Margaret Russell/Long Peaks Water District Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Longs Peak Water District USR-1637 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility(two 1.5 Million Gallon Water Storage Tanks)of a Public Utility or Public Agency in the A(Agricultural)Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. 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) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities(port-a-potty)shall be provided during the construction of the water storage tank. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during construction of the water storage tank. (Department of Public Health and Environment) 10. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 12. The access easement shall be graded and drained road to provide an all-weather access. (Department of Public Works) 13. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 14. Earthtone paint maintained in a color that blends with the surroundings shall be applied to the proposed tank. (Department of Planning Services) Resolution USR-1637 Margaret Russell/Long Peaks Water District Page 6 15. A building permit shall be obtained prior to start of construction of structures such as the tank. An electrical permit will be required for any electrical service to equipment. A plat plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) 16. A plan review is required for each tank for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer.Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 17. Tanks 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;2006 International Mechanical Code;2006 International Plumbing Code;and the 2005 National Electrical Code. (Department of Building Inspection) 18. Each tank will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 19. Tank height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Tank height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 20. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 21. A letter of approval from the Mountain View Fire Protection District shall be provided prior to the issuance of any and all permits. (Department of Building Inspection) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code as amended. 24. Weld County Government Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations as amended. 25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Resolution USR-1637 • • Margaret Russell/Long Peaks Water District Page 7 Motion seconded by Robert Grand. VOTE: For Passage Against Passage Absent Doug Ochsner—Chair Tom Holton—Vice Chair Paul Branham Erich Ehrlich Robert Grand Bill Hall Mark Lawley Nick Berryman Roy Spitzer The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 15, 2008. Dated the 15th of January, 2008. Donita May Secretary • • people should not be singled out as opposed to the three points of the Code he mentioned. To him that was a penalty and as citizens of the County they should look to the Planning Commission for consideration for their welfare. Doug Ochsner said he disagreed with Mr. Grand and cited Section 23-2-400.B., "The facility will not have an undue adverse effect on existing and future development of the surroundings areas as set forth in applicable MASTER PLANS." This proposal may have a small effect, but he did not see an undue adverse effect on future development. He believed most of the concerns can be mitigated. Doug continued that the applicant must show need for the facility and he thought they had. Growth in the area has been outlined and the need is obvious with the various subdivisions, residences and businesses planned for the area.Section 23-2-400.E., paraphrasing that the applicant has greed to implement and reasonable measures deemed necessary to ensure health, safety and welfare has shown health and safety of the residents are not an issue on this substation. Section 23-2-400.G., he believed reasoning must be used and that a point on the map can't be picked arbitrarily. Other locations had not worked out, United Power had a willing seller and no other alternatives had arisen. Nick Berryman cited Section 23-2-400.6. regarding"undo adverse effect"and wanted the Commissioners to reach more of a consensus on how they define that language and its interpretation. We have an impact on the Liberty Ranch subdivision. However, do those concerns of the residents meet the criteria for what we would term an undue adverse effect on their property? Tom Holton was uncomfortable with how they were doing the motion. He did not necessarily agree with the first two sections, but did agree with the third and asked how they reconciled that. Bruce Barker, County Attorney, said the way it was reconciled was through a vote and how he felt the items had been addressed. Either you agree the burden of proof has been met or you disagree that the burden of proof has been met. The motion is that in fact the burden of proof has not been met and that is really the issue. Discussion is regarding that at the present time and they did not need to agree to all three. Resolution would come through a vote on the motion. Doug Ochsner asked that even if they disagreed with one point they could still vote for denial. Mr.Barker said the standards are ones in which every criterion must be met, they can't pick and choose, and all need to be proven. Mark Lawley had question for the applicant. Mr. Barker said that was up to Chair if he could question the applicant. Mr. Lawley wanted clarification as to whether the applicant had indicated they had exhausted all other site options in the area. Mr.Ochsner said he recalled that United Power had exhausted all other options, but it is now for the board to decide if they went far enough. Commissioner Berryman said the operative words were"reasonable alternatives". The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, no; Robert Grand,yes; Mark Lawley,yes;Tom Holton,yes; Doug Ochsner, no. Motion passed for approval of denial. Mark Lawley commented,citing Section 23-2-400.G., and believed there were other areas UP could look at or should exhaust despite his views on condemnation. It was incumbent upon them to look at other landowners for another site. Doug Ochsner commented that he believed the applicant had proven Section 23-2-400, all items. CASE NUMBER: USR-1637 APPLICANT: Margaret Russell/Longs Peak Water District PLANNER: Roger Caruso LEGAL DESCRIPTION: Part of Lot B of RE-3784;being part of the SW4 of Section 7,T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LOCATION: 1/4 mile north of CR 34 and west of and adjacent to CR 1. 12 Roger Caruso, Department of Planning,said the request is for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency(two 1.5 million gallon water storage tanks) in the A(Agricultural) District. The sign announcing the Planning Commission hearing was posted December 5, 2007 by Planning Staff. The site is located '% mile north of County Road 34 and east of and adjacent to County Road 1. The surrounding property to the north, south,east and west are primarily single family homes with agricultural use. There are thirteen property owners within five hundred feet of the property in question. The subject property lies within the three mile referral area of the Town of Mead and Larimer County. The Town of Mead, in their referral dated November 7, 2007 stated that if the application is approved they would like an executed annexation agreement to be part of this application. Larimer County, in their referral dated November 27, 2007 stated that the proposal does not conflict with their boundaries. Fourteen referral agencies reviewed this case. Twelve responded favorably or included conditions that have been addressed through development standards and conditions of approval. The Department of Planning Services is recommending approval of this application along with the conditions of approval and development standards. The Chair asked Mr. Caruso if the Planning Commission was the final venue for this application. He replied they were. Julie Cozad, Land Planning Manager for Tetra Tech, 1900 S Sunset St Ste 1 F, Longmont, CO, applicant's representative, thanked County Staff for their assistance. She introduced Barry Dykes, Long Peaks Water District; Ron Loose, Western States Land Services; Rich Christy, Tetra Tech Engineer. Ms. Cozad gave an overview of the property location and location of the proposed water tanks. The property is located east of WCR 1 between WCR 34 and 36 in Section 7,T3N, R68W. The USR site is 3.23 acres on Lot B of RE-3784. The total parcel is 65.09 acres and owned by Margaret Russell. In conjunction with the USR we have applied for a subdivision exemption which has been administratively approved by Staff with conditions. The purpose of the SE is to create a parcel specifically for the purpose of the water tanks. At such a time that the tanks may go away,the property would revert back to the underlying owner (Russell). The plats for the SE and USR will be submitted to the Dept of Planning concurrently for recording, per the Conditions of Approval. Adjacent land uses include: primarily large lot residential and agricultural with a dairy adjacent to the east large lot; Summit Peak Estates twelve lot PUD to the south; and a dairy. The property is not within Mead or Longmont's UGB as defined by Weld County; IGA with Longmont, but no IGA with Mead. Current land use is agricultural pasture and residential. Margaret Russell continues to live on the sixty-five acres and there have been numerous discussions and negotiations with her as well as many of the landowners in the area regarding the overall project. Ron Loose can address any questions regarding the easement negotiations. Currently there is a one hundred foot restrictive covenant on the east side of the USR area which restricts development including structures within that area. Proposed land use for the USR is two 1.5 Million Gallon water tanks. The tanks were sited based on the location of new waterlines, topography of the area and growth within the district. It is anticipated to start construction on the first tank as soon as the conditions are met for the USR and SE and the plats are recorded. Construction will take approximately 6 months. The second tank will be built as market conditions 13 • indicate. Temporary restroom facilities, bottled water and hand washing facilities will be provided during the construction phase as stipulated by the Dept of Health and Environment. The tanks will be painted an earth tone shade. The disturbed portion of the site will be reseeded after construction per the referral from Kim Ogle, Landscape Architect for Weld County. Access is from WCR 1 at its current location and will be an all- weather access. The thirty foot easement is currently in place for utilities and access. It is anticipated that Longs Peak employees may monitor the site and the tanks weekly,but there will not be an office or permanent employee at the facility. The USR site will be fenced with six foot chain link and an additional twelve inches of barbed wire with a gate at the entrance to the facility for security purposes. The facility meets Homeland Security requirements. It will be an unmanned facility so there will be no office or permanent employee facilities once tank is up and running. They have received a letter from Petroleum Development Corporation and will show the drill windows on the USR plat. The USR area is not within any drill window. This addresses condition 1.A. All of the other conditions of approval should be met fairly quickly, but we would like to extend the time to record the plat to ninety days in case of any unanticipated issues that may arise. (COA #3 on the staff recommendation) We have worked with Staff and other referral agencies to design a project that meets or exceeds the goals and policies of the Comprehensive plan and the applicable requirements for Special Use permits in the Agricultural Zone District. We believe that the water storage tanks will allow the Longs Peak Water District to provide water service efficiently and effectively to all of the current and future district users. We request that the Longs Peak Water District Use by Special Review be approved for these reasons previously stated. Doug Ochsner asked Ms. Cozad for specifics as to the tank construction and any specific government requirements instituted since 9-11. Barry Dykes, General Manager of Longs Peak Water,9875 Vermillion Rd, Longmont,CO,responded that the tanks are not bullet proof, have been used for target practice, have gotten dents, but no penetration has occurred so far.Security at the site is a fence with electronic monitoring to include cameras and alarms on the hatches. Ms. Cozad said the Sheriffs Department will meet with them regarding the security plan. Doug Ochsner inquired where the water goes if these 1.5 million gallon tanks do leak. David Snyder, Public Works, said they had no specific information on that but the water will just go where it goes. Mr. Dykes said that as dry as the ground is in that area if a tank were to rupture it would possibly run down as far as CR 1,down the barrow ditch and dissipate, but it is treated,drinkable water and presents absolutely no hazard. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Mr.Caruso, Department of Planning, requested a change to item six to read,"In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required ninety (90) days from the date the Planning Commission resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) Tom Holton motioned to amend item six per Staff request. Second by Mark Lawley. Motion carried. 14 Ms, Cozad asked for clarification if item number three should also read ninety days. Mr.Caruso agreed that it should be changed to ninety days and BOCC deleted and Planning Commission inserted. Her other concern was on Condition 1.1., "Lot A shall use the existing agricultural access point from County Road 1" as Lot A is not a part of this USR so it could be stricken. Mr. Caruso said Lot A could be changed to"SE-1125 shall use the existing access road". Ms. Cozad suggested placement on the SE plat rather than the USR plat. Bruce Barker, County Attorney said if Lot A is changed to SE-1125 that will be consistent with what the SE will reflect. The SE-1125 lot shall use the existing agricultural access road from CR 1, which is consistent with what will occur on the SE-1125 lot. Tom Holton motioned to amend item 1.1. to say, "The SE-1125 lot shall use the existing agricultural access road from CR 1", and amend item three, page five to delete Board of County Commissioners and insert Planning Commission, and change thirty days to ninety days. Second by Mark Lawley. Motion carried. The Chair asked Ms. Cozad, as applicant's representative, if she had read and agreed with the amendments to the Development Standards and Conditions of Approval. Ms. Cozad replied she did. Mark Lawley moved that Case USR-1637, be approved with the amended Development Standards and Conditions of Approval with the Planning Commission's recommendation of approval. Robert Grand seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Robert Grand, yes; Mark Lawley,yes;Tom Holton,yes;Doug Ochsner,yes. Motion carried. CASE NUMBER: USR-1640 APPLICANT: Mario Calderon PLANNER: Roger Caruso LEGAL DESCRIPTION: Lot A and B of RE-2914; Part of the NW4 of Section 5, Ti N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development plan and Special Use Permit for any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or Industrial Zone Districts (Construction Business & RV Storage), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision in the (A) Agricultural Zone District. LOCATION: East of and adjacent to CR 15 and % mile south of State Highway 52. Roger Caruso, Department of Planning, said this is a Site Specific Development Plan and a Special Use Permit for any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivision in the (A) Agricultural Zone District. The sign announcing the Planning Commission hearing was posted December 5, 2007 by Planning Staff. The site is located Yz mile south of State Highway 52 and east of and adjacent to CR 15;directly to the West lays the City of Dacono. The surrounding property to the north,south and east are primarily agricultural with single-family homes. The Weld County Board of County Commissioners approved a vehicle storage and delivery business, USR-1130 directly to the north; oil and gas facilities are scattered to the north, south and east. There are seventy-six property owners within five hundred feet of the property in questions and the closest home is roughly eighty feet to the west;the Department of Planning Services has received signatures from thirty surrounding property owners recommending approval of the application. The memo and attachments provided to the Planning 15 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Margaret Russell/Longs Peak Case Number USR-1637 Water District Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Referral List 3 Referrals without comment State of Colorado, Division of Water Resources X Longs Peak Water District X 4 Referrals with comments Weld County Department of Public Health and Environment referral received X 11/26/2007 Weld County Department of Public Works referral received 12/05/2007 X Weld County Department of Building Inspection referral datedl2/03/2007 X Weld County Shen-ill's Department,referral received 11/13/2007 X Weld County Zoning Compliance Officer, referral dated 11/01/2007 X State of Colorado, Division of Wildlife referral received 12/06/2007 X Weld County Department of Planning Services, Landscape referral dated X 10/31/2007 Longmont Soil Conservation District referral received 11/01/2007 X Town of Mead, referral received 11/02/2007 X Larimer County, referral received 11/27/2007 X St.Vrain Valley School District, referral received 11/05/2007 X Mountain View Fire Protection District, referral received 11/01/2007 X 6 PC Exhibits Various pictures provided by the applicant's representative X LAND USE APPLICATION SUMMARY SHEET Wi`oc. COLORADO Case Number USR-1637 Hearing Date:January 15,2008 Applicant: Longs Peak Water District Address: do Lauren Light Tetra Tech 1900 S. Sunset Street; Suite 1-F Longmont, CO 80501 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency (two 1.5 Million Gallon Water Storage Tanks) in the A (Agricultural)Zone District. Legal Description: Lot B of RE-3784; Part of the SW4 Section 7,Township 3 North, Range 68 West of the 6t" P.M.Weld County, Colorado. Location: East of and adjacent to County Road 1 and 1/2 mile north of County Road 34. Parcel ID#: 1207 07 300042 Size of Parcel:65.09+/-acres Size of USR: 3.23 +/-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Zoning Compliance, referral dated 11/01/07 • Weld County Department of Public Health and Environment,referral received 11/26/07 • Weld County Department of Public Works, referral received 12/04/07 • Weld County Sherriff's Department, referral received 11/13/07 • Weld County Department of Planning Services, Landscape referral dated 10/31/2007 • Longmont Soil Conservation District, referral received 11/01/07 • Colorado Division of Wildlife, referral received 12/06/07 • Town of Mead, referral received 11/02/07 • Larimer County, referral received 11/27/07 • St.Vrain Valley School District referral received 11/05/07 • Weld County Department of Building Inspection, referral dated 12/03/07 • Mountain View Fire Protection District, referral received 11/01/07 The Department of Planning Services•staff has not received responses from the following agencies: • State of Colorado, Division of Water Resources • Longs Peak Water District 1ft L, SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Roger Caruso Case Number: USR-1637 Hearing Date: January 15,2007 Applicant: Longs Peak Water District Address: c/o Lauren Light Tetra Tech 1900 S.Sunset Street; Suite 1-F Longmont, CO 80501 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency (two 1.5 Million Gallon Water Storage Tanks) in the A (Agricultural)Zone District. Legal Description: Lot B of RE-3784; Part of the SW4 Section 7,Township 3 North, Range 68 West of the 6th P.M.Weld County, Colorado. Location: East of and adjacent to County Road 1 and 1/2 mile north of County Road 34. Parcel ID#: 1207 07 300042 Size of Parcel: 65.09 +/-acres Size of USR: 3.23+/-acres THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: A. Section 23-2-400.A. --Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The subject site is designated "High Potential — Dry" by the USDA Soil Conservation Services. The small size of the area (3.23 acres)severely limits its agricultural value and therefore impacts are minimal. B. Section 23-2-400.8. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The subject property lies within the three-mile referral area of the Town of Mead. The Town of Mead, in their referral dated 11/15/07, stated that if the application is approved a stipulation should be added that the property owner agrees to annexation by the Town by the year 2010 or at such time as the Town's corporate boundaries are within 500 feet of this property, whichever occurs first. Prior to recording the plat the applicant will be required to submit an executed annexation agreement which will address the Town of Mead's concerns. The proposed Conditions of Approval and Development Standards ensure the proposal will not have an undue adverse effect on existing and future development of the surrounding area. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The proposed facility will be compatible with surrounding land uses. While there are predominantly agricultural uses in the area, there are existing water tanks to the west of the property, USR-1175. The proposed Conditions of Approval and Development Standards will minimize negative impacts on the surrounding area. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The proposed Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion conditions and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission and Board of County Commissioners to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. —All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water or sewage disposal. The Conditions of Approval and Development Standards will minimize negative impacts on the existing agricultural uses and lands of the area. G. Section 23-2-400.G. --All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The proposed structures will service the residents of the Longs Peak Water District. H. Section 23-2-400.H. -- This application will create limited, if any, demand for additional government services. Section 23-2-400.1. --The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Environmental Health air quality standards. J. Section 23-2-400.J. .Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant,other relevant information regarding the request,and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall either submit a copy of an agreement with the property.s mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) B. The Use by Special Review shall be recorded concurrently, and thereafter, of SE-1125 for a Public Utility. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services, Landscape referral, as stated in the referral response dated 10/31/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Wildlife as stated in the referral response received 12/06/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Division of Wildlife) E. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil Conservation District as stated in the referral response received 11/01/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Longmont Soil Conservation District) F. The applicant shall attempt to address the requirements (concerns) of the Town of Mead as stated in the referral response received 11/02/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) G. The applicant shall attempt to address the requirements (concerns) of the Weld County Sherriffs Office, as stated in the referral response dated 11/13/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sherriff's Office) H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Lot A shall use the existing agricultural access point from County Road 1. (Department of Public Works) J. The plat shall be amended to delineate the following: 1. The plat shall be labeled USR-1637. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16) square feet in area per face. Further, the location of the sign, if applicable shall be delineated on the Landscape/Site Plat. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 4. The plat shall meet all the requirements of Section 23-2-380 of the Weld County Code. (Department of Planning Services) 5. County Road 1 is designated by the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of- way and the documents creating the right-of-way. The plat shall delineate the existing right-of-way and the documents which created it along with an additional 10 feet or right-of-way from the existing right-of-way. The additional 10 feet of right-of-way shall be labeled County Road 1 future right-of-way. (Department of Public Works) 2. Prior to Construction: A. The applicant shall contact the Department of Building Inspection to determine appropriate Building permits that may be required for all future construction associated with this facility. Department of Planning Services) 3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services•Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a.co.weld.co.us. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (30) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Longs Peak Water District USR-1637 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility (two 1.5 Million Gallon Water Storage Tanks) of a Public Utility or Public Agency in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. 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) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities (port-a-potty)shall be provided during the construction of the water storage tank. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during construction of the water storage tank. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health& Environment,Water Quality Control Division. (Department of Public Health and Environment) 11. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 12. The access easement shall be graded and drained road to provide an all-weather access. (Department of Public Works) 13. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15,Articles I and II of the Weld County Code. (Department of Public Works) 14. Earthtone paint maintained in a color that blends with the surroundings shall be applied to the proposed tank. (Department of Planning Services) 15. A building permit shall be obtained prior to start of construction of structures such as the tank. An electrical permit will be required for any electrical service to equipment. A plat plan shall be submitted when applying for building permits showing all structures with accurate distances between structures,and from structures to all property lines. (Department of Building Inspection) 16. A plan review is required for each tank for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 17. Tanks 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; 2006 International Mechanical Code; 2006 International Plumbing Code; and the 2005 National Electrical Code. (Department of Building Inspection) 18. Each tank will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 19. Tank height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Tank height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 20. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 21. A letter of approval from the Mountain View Fire Protection District shall be provided prior to the issuance of any and all permits. (Department of Building Inspection) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code as amended. 24. Weld County Government Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations as amended. 25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. S DEPARTMENT OF PLANNING SERVICES Kit L-3/4-.. :N>.\ NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 c. COLORADO October 30, 2007 Margaret Russell / Longs Peak Water District do Lauren Light, Tetra Tech 1900 S Sunset St, Ste 1-F Longmont CO 80501 Subject: USR-1637- Request for a Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies on a parcel of land described as Part of Lot B of RE- 3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for January 15, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Mead Planning Commission for their review and comments. Please call Mead at 970-535-4477 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Roger Caruso Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 5, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, ROGER CARUSO, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1637 IN THE AGRICULTURAL ZONE DISTRICT. Name of Person Posting Sign — Roger Caruso Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) / /��// The foregoing instrument was subscribed and sworn to me this St day of C0 CO , 2008. WITNESS my hand and official seal. INLOES NOTARY NOTARY PUBLIC STATE OF COLORADO Notary Public My Commission Expires: l63 • I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Roger Caruso o Planner AL •Y 'I t-e N t- •r ir .: ii�'R 1 .. .iik .4 r,'la4- / 1 ,i..c ,Ye•� 1: J Y -/ _5 ; ; \ / • •- [tlii ofi. ' ' 4 •� • /Yr� : �• Q �' 1 ♦• 1 Ott.11 %t ♦ ,,�' �'Y Y ya. i . r ' i .. ��/(\\, 1 , egr, �� ,. ./ L . •� 'I•• 'Q ay • ewi- I. • ,��-yyw'T�`fr jf ' - Ir• _ . 4 _ 1• : ' , /��/�[� t• A • 14415 k 1 • F'1 1, / 1, F 1r4i {+ t IFI. 1„ / ; LrL �� l' y •I , : F 1 *4I 1. 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' '►_•� _aaty Lwj1��tL�� ' -' • — •'•. •,►..+, • • FIELD CHECK Inspection Date: APPLICANT: Margaret Russell / Longs Peak Water District CASE#: USR-1637 REQUEST: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LEGAL: Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, CO yi e . LOCATION: % mile north of County Road 34 and County Road 1. PARCEL ID#: 1207 07 200042 ACRES: 3.23 +/- Zoning Land Use N AG N SFI4 E AG E ‘15- S r:1-( S AG S SIN J W AG W Comments: .-V 61/11 Roger aruso, Planner I ❑ House(s) ❑ Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands o Mobile Home(s) ❑ Oil & Gas Structures ❑ Other Animals On-Site ❑ Wildlife ❑ Water Bodies ❑ Utilities On-Site (transmission lines) o Ditch ❑ Topography ' Note any commercial business/commercial vehicles that are operating from the site. ,. C,C 2I 1 0 r • NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, January 15, 2008, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: USR-1637 APPLICANT: Margaret Russell / Longs Peak Water District PLANNER: Roger Caruso LEGAL DESCRIPTION: Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LOCATION: 1/2 mile north of CR 34 and east of and adjacent to CR 1. SIZE: 3.23 acres, more or less. The public hearing will be held in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 918 10' Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 15, 2008. Copies of the application are available for public inspection in the Department of Planning Services, 918 10" Street, Greeley, Colorado 80631. Please call Donita May at(720)652-4210, Ext.8730, or Fax#(720) 652-4211, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance, due to lack of quorum or P``,!1IC ,'r qp otherwise. Contact the Department of Planning Services at(970)353-6100, ext. 3540,for hearing continuance information. IZ. I-),d-! Doug Ochsner, Chair Weld County Planning Commission < S To be published in the Fort Lupton Press. To be published one (1) time by December 26, 2007. • PROOF OF PUBLICATION NOTICE OF PUBLIC HE RING FORT LUPTON The Weld County Planning Commission will hold a public hearing on Tuesday, January 15, STATE OF COLORADO 2008,at 130 p.m for the purpose of considering a Site Specific COUNTY OF WELD SS. Development Plan and Special J Use Permit for Major Fac.11ties of Public Utilities or Public Agencies for the property described below, Approval of the request may create a vested property right pursuant to Colorado Law. I, Karen Lambert, do solemnly swear that I CASE NUMBER USR-1637 APPLICANT:Margaret Russell/ am the Publisher of the Fort Lupton Press; Longs Peak Water District PLANNER:Roger Caruso that the same is a weekly newspaper printed LEGAL DESCRIPTION: Part of Lot B of RE-3784: being part of and published in the County of Weld, State the SW4 of Section 7,T3N,R68W of the 6th P.M., Weld County, of Colorado, and has a general circulation Colorado TYPE AND INTENSITY OF therein; that said newspaper has been PROPOSED USE:A Site Specific Development Plan and Special published continuously and uninterruptedly Use Permit for Major Facilities of Public Utilities or Public Agencies, in said county of Weld for period of more LOCATION'' 1/4 mile north of CR a 34 and west of and adjacent to CR than fifty-two consecutive weeks prior to the 1 Y SIZE.3.23 acres,more or less, first publication of the annexed legal notice The public nearing will be held in the Hearing Room, Southwest or advertisement; that said newspaper has Weld County Planning Department, 4209 CR 24.5, been admitted to the United States mails as Longmont, Colorado. Comments or objections related to the above second-class matter under the provisions of request should be submitted in writing to the Weld County the act of March 3, 1879, or any Department of Planning. 918 10th Street, Greeley. Colorado 80631 amendments thereof, and that said before the above date or presented at the public hearing on newspaper is a weekly newspaper duly January 15,2008 Copies of the application are qualified for publishing legal notices and available for public inspection in the Department of Planning advertisements within the meaning of the Services, 918 10th Street, Greeley, Colorado 80631. Please laws of the State of Colorado. That the call Donita May at(720)652-4210' Ext. 8730, or Fax 4 (720) 652- annexed legal notice or advertisement was 4211, prior to the day of the hearing so that reasonable published in the regular and entire issue of accommodations can be made if, in accordance with the Americans every number of said weekly newspaper for with Disabilities Act, you require special accommodations in order the period of 1 consecutive insertion(s); and to participate in this hearing as a result of a disability. All cases that the first publication of said notice was in scheduled before the Planning Y Commission for hearing are the issue of newspaper, dated 26th day of subject to continuance,due to lacx of quorum or otherwise. Contact December, 2007, and the last on the 26th the Department of Planning Services at (970) 353-6100, ext. day of December, 2007. 3540, for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press To be published one(1)time by December 26,2007. / \`CC/. C_-ij j Publisher. Subscribed and sworn b Op,\LOpF�' 21st day of December, 2007. 0 NpTARY L __\:\‘ ,OF W&q.)E Notary Public. CASE NO.401951 key 48683 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 120707300042 Legal Description: Lot B of RE-3784; Pt of the SW4, Section 7, Township 3N, Range 68W Flood Plain: None Zone District Agricultural (A) Total Acreage:3.2 Acreage for USR: 3.2 Overlay District: None Geological Hazard:None FEE OWNER(S)OF THE PROPERTY: Name: Margaret Russell Phone: 970-535-9571 Address: 16882 County Road 1, Longmont, CO 80504 APPLICANT: Name: Longs Peak Water District c/o Barry Dykes Phone: 303-776-3847 Address: 9875 Vermillion Road, Longmont, CO 80504 AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Lauren Light, Tetra Tech Address: 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 Phone 303-772-5282 Email: Lauren.Light@tetratech.com PROPOSED USE: Two, 1.5 million gallon water storage tanks and associated appurtenances, in the Agricultural Zone District. Section 23-3-40.D.2 of the Weld County Code allows Public Utilities facility, including storage tanks, subject to the provisions of Section 23-4-420. 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 that the signatory has to legal authority to sign for the corporation. E,) t*nr\ I n 4 ,1 O 7 ` Signature: Owner or Authorized Agent Date SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable",with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The property will be utilized for two, 1.5 million gallon water storage tanks and associated appurtenances. As this is an unmanned facility, water and sewer are not needed. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Section 22-3-50.A.P.Goal.1 —Promote efficient and cost effective delivery of public facilities and services. Section 22-3-50.B.P.Goal.2—Require adequate facilities and services to assure the health,safety and welfare of the present and future residents of the County. The water storage tank will allow Longs Peak Water District to provide service efficiently and effectively. The storage tank will provide a service which assures water can be provided to District users. This proposal is consistent with the Comprehensive Plan as described in the goals outlined above. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23(Zoning)and the zone district in which it is located. Section 23-3-40.D.2 of the Weld County Code allows Public Utilities facility, including storage tanks, subject to the provisions of Section 23-4-420. The proposed use is consistent with the intent of the A (Agricultural) Zone District. 4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The proposed use is consistent and compatible with surrounding land uses,which are comprised primarily of: East—Dairy West—Pasture North—Pasture South—Pasture 5. Describe, in detail, the following: a. How many people will use this site? One person may check the site once a week. b. How many employees are proposed to be employed at this site? None. c. What are the hours of operation? Not applicable. d. What type and how many structures will be erected (built) on this site? Two, 1.5 million gallon water storage tanks and associated appurtenances. e. What type and how many animals, if any, will be on this site? No animals will be located on the site. f. What kind (type, size, weight) of vehicles will access this site and how often? A service vehicle, no larger than a pickup truck, may access the site once a week. g. Who will provide fire protection to the site? Mountain View Fire Protection District h. What is the water source on the property? (Both domestic and irrigation). As no personnel will be located on site, a water source is not required. What is the sewage disposal system on the property? (Existing and proposed). As no personnel will be located on site, a sewage disposal system is not required. j. If storage or warehousing is proposed, what type of items will be stored? There will be no storage or warehousing on the site, other than the water tanks. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. As there will not be a water source on site, no landscaping is proposed. Disturbed areas will be reseeded during construction of the tanks. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Should the facility be permanently discontinued it would be marketed under applicable county planning and zoning regulations to its greatest and best use. 8. Explain how the storm water drainage will be handled on the site. See attached drainage information. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction of one water tank is anticipated immediately upon approval of this application. It will take approximately 6 months to complete construction. There is no specific timeline for construction of the second tank. No landscaping is proposed due to the use of the property for water storage tanks. 10. Explain where storage and/or stockpile of wastes will occur on this site. There will not be any storage of or waste generated from this site. • Section 23-2-370 A. Included on application form. B. Included on application form. C.1 Two, 1.5 million gallon water storage tanks and associated appurtenances. C.2 No alternative locations due to water line location. C.3 Tanks are setback from roadway. C.4 Several temporary workers will construct the tank. 1 worker will occasionally inspect the site. C.5 No water is required. C.6 No fuel is required. C.7 No waste will be accumulated. D.1 Two, 1.5 million gallon water storage tanks and associated appurtenances. 2. No alternative sites due to water line location. 3. No alternative site. 4. There will be no adverse impacts. 5. Construction of one water tank is anticipated immediately upon approval of this application. It will take approximately 6 months to complete construction. There is no specific timeline for construction of the second tank. 6. No public meetings were held. 7. No hazards will be created. 8. Longs Peak Water District will be contacted in case of tank failure. 9. There will not be an impact to irrigated agricultural land. 10. Section 22-3-50.A.P.Goal.1 — Promote efficient and cost effective delivery of public facilities and services. Section 22-3-50.B.P.Goal.2—Require adequate facilities and services to assure the health,safety and welfare of the present and future residents of the County. The water storage tank will allow Longs Peak Water District to provide service efficiently and effectively. The storage tank will provide a service which assures water can be provided to District users. 11. Grasses and weeds will be mowed and will not be permitted to grow taller than twelve inches. Noxious weeds will be eliminated if they are discovered on the property. 12. Included as an attachment. 13. Not applicable. 14. Not applicable. • I fll- September? , 2007 Weld County Planning Department 918 10th Street Greeley, CO 80631 To Whom It May Concern: Margaret Russell authorizes Longs Peak Water District as the applicant/buyer and Tetra Tech as the Authorized Agent for Longs Peak Water District to apply for a Use by Special Review (USR) and a Subdivision Exemption (SE) on the property described in the attached contract. Margaret Russell authorizes the applicant/buyer and Tetra Tech to take any steps necessary to acquire the USR and SE permits and also grants such authorization to any agents, representatives, consultants or contractors hired by Longs Peak Water District or Tetra Tech to facilitate processing of the USR and SE. Sincerely, M gar ussell Date • • TETRA TECH Ell Welt' "2Tmty Planning Department October 25, 2007 'REELF gFFICE '10V 2 6 2007 Weld County Public Works Engineering Division r tam C E i V 't04 1111 H Street Greeley, CO 80632 RE: Longs Peak Water Storage Tank Site Drainage Letter Dear Engineering Division: This letter is being provided to describe the preliminary drainage plan at the proposed Longs Peak Potable Water Storage Tank Site. The site is 3.23 acres in size more or less. It is located in the northeast portion of the southwest '/4 of Section 7, Township 3 North, Range 68 West of the 6th Principal Meridian. The site is located near the top of the drainage basin and is bound by a quarter section line to the east and the north. The existing site consists of pasture land and it generally drains from east to west off the site. Then the flows drain northeast in a natural drainage swale, and eventually to a pond in the NW ''A of Section 6. Of the overall drainage basin to the pond approximately 19.33 acres including the site, are located south of the access easement located along the '/ section line of Section 7. The 100 year historic storm runoff from the basin south of the access easement is 24.19cfs, of which 4.87cfs is from the site. The proposed site contains a small gravel road and a water storage tank. The proposed gravel area will be 0.255 acres, and the proposed tank will be 0.259 acres. The other 2.716 acres of the site will remain as pasture. The proposed drainage will follow the historic pattern, crossing the proposed private gravel road at a designed low water crossing or culvert in the location of the current swale. The proposed improvements will generate an additional 5.93cfs of flow for a total of 10.8cfs in a 100 year storm from the site. This will bring the total combined flow for the basin south of the access easement in a 100 year storm to 30.12cfs After a site inspection and looking at the proposed use for this facility, no additional drainage improvements beyond the road crossing are recommended due to the sites minimal size and small change in flows. In conclusion, the existing drainage system for the Longs Peak Potable Water Storage Tank Site will be sufficient for the proposed use. The proposed development plan will not adversely affect the existing drainage facilities or drainage patterns surrounding the site. ct SUIR 11 Donn ont LO 80T0I Tel 2J_. ._._28- Fax_r55 __0_ , -.a.tea ratc-h.ccm R:\0068_067_30 Water\Documents\Drainage Letter\Drainage letter(RC).doc 411 III fj ] TETRA TECH Thank you for your consideration. Please call me if you have any questions. A vicinity map and drainage map have been attached for you use. Sincerely, TETRA TECH. o�Op P00 Licey� 4 40053 O. , e Rich Christy, P.E. .o A to/15/1c0 . .- Project Engineer 4<Ay", �.f S/ONAIEy r „S Sunxl L I S.rtc I r Lori=rront CC) BCC. Tel + > , 8. Fax < < '0S . ',to'. :cch.con- R:\0068_067_30 Water\Documents\Drainage Letter\Drainage letter(RC).doc • • LONGS PEAK WATER DISTRICT • I 9875 Vermillion Road • Longmont, CO 80504 • (303) 776-3847 office • (303) 776-0198 fax August 2, 2007 Weld County Planning Department 918 10th Street Greeley, CO 80631 To Whom It May Concern: Longs Peak Water District authorizes Tetra Tech to process all work related to a Site Specific Development Plan and Use by Special Review (USR) application and a Subdivision Exemption (SE) application to be filed in Weld County. Tetra Tech is authorized to represent Longs Peak Water District throughout this process. Further, Barry Dykes is authorized to sign for Longs Peak Water District as directed by the Board of Directors as indicated in the minutes of the meeting of the Longs Peak Water District Board of Directors held on Thursday. June 21, 2007: "USR (Use by Special Review) Signatory Authorization. This concerns the water tank site. There are certain applications that need to be signed for Longs Peak Water District. Mr. Dykes suggested that the Board authorize him to sign the various applications and permits required for this project. It was moved and seconded to allow Mr. Dykes to sign for the Longs Peak Water District. The motion passed without dissent." Should you have questions or need additional information, please contact me. Best Regards,Barrt' 'a r General meager Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3119004 Parcel#: 120707300042 Tax Area: 2325 Bordering County: Acres: 65.09 Township Range Section Quart. Sec. Subdiv son Name Block# Lot# 03 - 68 - 07 - 3 - - Owners Name&Address: Property Address: RUSSELL MARGARET I Street: 16882 1 CR 16882 CR 1 City: WELD LONGMONT, CO 80504 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description PT SW 4 7-3-68 LOT B REC EXEMPT RE-3784 (.635R) SITUS: 16882 1 CR WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 65.09 Land Subtotal: 65.09 $786 $230 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $221,035 $17,590 Total Property Value $221,821 $17,820 Building Details Account#: R3119004 Parcel#: 120707300042 Owners Name &Address: Property Address: RUSSELL MARGARET I Street: 16882 1 CR 16882 CR 1 City: WELD LONGMONT, CO 80504 Building# Prcerty Type 1 Residential Individual Built As Detail Built As: Modular Year Built: 1999 Exterior: Frame Siding HVAC: Hot Water Baseboard http://map s2.merrick.com/W eb site/W e 1d/s etS ql.asp?cmd=QUERY&D ET=PP&pin=1207... 12/17/2007 Identify Results • Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1582 # of Baths: 3 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: 484 Detached SQ Ft: Basement: Total SQ Ft: 1582 Finished SQ Ft: 790 Account#: R3119004 Parcel#: 120707300042 Owners Name&Address: Property Address: RUSSELL MARGARET I Street: 16882 1 CR 16882 CR 1 City: WELD LONGMONT, CO 80504 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 2000 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1280 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 12/17/2007 Report Date: 02/13/2008 04:24PM • WELD •COUNTY TREASURER • Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R3119004 ASSESSED TO: RUSSELL MARGARET I 16882 CR 1 LONGMONT, CO 80504 LEGAL DESCRIPTION: PT SW 4 7-3-68 LOT B REC EXEMPT RE-3784 (.635R)SITUS: 16882 1 CR WELD 000000000 PARCEL: 120707300042 SITUS ADD: 16882 1 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID • TOTAL DUE 2007 TAX 1,192.68 0.00 0.00 0.00 1,192.68 TOTAL TAXES .68 GRAND TOTAL DUE GOOD THROUGH 02/29/2008 1,192.68 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2325- Authority Mill Levy Amount Values Actual • sessed WELD COUNTY 16.804* 299.45 AGRICULTURAL 786 230 SCHOOL DIST RE1J 37.798 673.56 AGRICULTURAL 221,035 17,590 NCW WATER 1.000 17.82 SVW WATER 0.197 3.51 TOTAL 221,821 17,820 LONGS PEAK WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.060 1.07 WELD LIBRARY 3.253 57.97 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 139.30 TAXES FOR 2007 66.929* 1,192.68 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext.3290 r 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 of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signe Date: O S a REFERRAL LIST Name: Margaret Russell / Longs Peak Water District Case# USR-1637 County Towns &Cities Fire Districts Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 Extension Office _ _ Brighton _Briggsdale F-24 Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 x Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 x Building Inspection _Fort Lupton _Johnstown F-8 x Code Compliance_N.-Ann_xS-Beth _Frederick _LaSalle F-9 x Kim Ogle (Landscape Plans) _Garden City x Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 x Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont _Wiggins F-18 Oil &Gas Conservation Commission x Mead Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer x South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner Division of Minerals/Geology _Pierce x Roy Spitzer _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton x Boulder Valley/Longmont _Windsor Brighton/SE Weld Centennial Counties _ Greeley/West Greeley Adams Platte Valley _Boulder West Adams _Broomfield Little Thompson x Larimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-1J USDA-APHIS Vet Service _Central Cola Water Federal Aviation Admin (Structures x Longs Peak Water Dist over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport Art Elmquist(MUD Area) Federal Communications Comm iNtII Referral List Name. I"Ifer�0.7C{ 12ks5 �ny re Wn�ri t]. r i. c(._ Case# I.. c„,�� ‘931 County Towns&Cities Fire Districts —Scab Ault_ _Ault F-1 teallh Department✓ _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 Emergency Management Office-Ed Herring _Dacono _Brighton F-3 heriffs Office ✓ _Eaton _Eaton F-4 ublic Works Erie Fort Lupton F-5 Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 Building lnspecfion l _Fort Lupton _Johnstown F-8 Code Compliance(5)I _Frederick LaSalle F-9 Assessor Office/Chris Woodruff(Final Plan) _Garden City Mountain View F-10 ZKim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 _Ambulance Services _Grover _Pawnee F-22 Ste _Hudson Platteville F-13 Div.of Water Resources _Johnstown Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 Historical Society _Lochbuie _Union Colony F-26 _Water Conservation Board Longmont Western Hills F-20 _Oil&Gas Conservation Commission Mead _Wiggins F-18 Division of Wildlife _Milliken _Windsor/Severance F-17 South Hwy 66(Loveland) _New Raymer _North Hwy 66(Greeley) _Northglenn Legal Licit- B4) Pt 3784• f7-5W 4 J _Division of Minerals/Geology _Nunn Parcel ID# It 07 G 7 3uO O L Z Soil Conservation Districts _Pierce Zone Acres? 1 Big Thompson _Platteville USDA Mi g *\~"4-- (-)".1 Boulder Valley Severance _Brighton _Thornton Gsitsz _Centennial _Windsor -F1'9 litansL# Fort Collins Counties RMWITTN.LGc4l9E,g? • Greeley _ `' Adams C _ fl %"J---) 1�Longmont _Boulder Rgr - Morgan BroomfieldD- _Platte Valley KLarimer _Southeast Weld Other H _West Adams Central Cola Water Conservancy Dist Federal Government Agencies Left Hand Water_US Army Corps of Engrs School District RE- I C3l 1 �` USDA-APHIS Vet Service _Art Elmquist(MUD Area) Federal Aviation Admin(Structures over iDgs46amp34y, lansc l L V)..tiTI I) >Y,4 over 200 ft or wlin 20000 ft of Pub Airport Commissioner C/'t 311 Federal Communications Comm • • U.S. Postal ServiceTM CERTIFIED MAIL RECEIPT a- (Domestic Mail Only;No Insurance Coverage Provided) a F•rellvery inf rmati nvisit ur we•site at www.us•s.c nl® co Ln Postage $ Certified Fee p Postmark Return Receipt Fee p (Endorsement Required) Here I= Restricted Delivery Fee - I= (Endorsement Required) r-H Total Postage&Fees pis] Sent ao O ' Mint M1 Street,Apt No.; or PO PO Box No. OD -6/N City,State,ast.,, l��l 05z/a M'L ETE THIS SECTI a N CAM•LETE THIS SECTI aN•.N •ELI VE•Y A. Signature O Agent • Complete items 1,2,and 3.Also complete El Addressee Rem 4 if Restricted Delivery is desired. • Print your name and address on the reve Name C. Date of Delivery so that we can return the card to you. B. Received by(' ) • Attach this card to the back of the mailpiece, Sl F or on the front if space permits D. Is delivery address different -• item 17 El Yes 1. Article Addressed to: If YES,enter delivery address below: O No TOWN OF MEN) ATTN: RICHARD MACOMBER PO BOX 626 Weld County Planning Der• iP beType ress Mail MEAD CO 80542 GREELEY OFFICE �f o a tea° Return Receipt for Merchandise NOV 0 LOO7 ured Mail O ODD. 4. Cl Restricted Delivery?(Extra Fee) O Yes 2. Article Number ;•d I `T�J l7�� (Framed//torn service labe0 102595-02-M-1540 PS Form 3811,February 2004 Domestic Retum Receipt IIilk APPLICATION FLOW SHEET COLORADO 111 APPLICANT: Margaret Russell / Longs Peak Water District CASE#: USR-1637 REQUEST: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LEGAL: Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, CO LOCATION: mile north of County Road 34 andZ9st of and adjacent to County Road 1. PARCEL ID#: 1207 07 200042 ACRES: 3.23 +/- DATE BY Application Received 10/25/2007 RC Application Complete 10/29/2007 RC PC Hearing Date: January 15, 200$ Action: Utility Board Date: PC Sign to be Posted By: 01/10/2007 RC PC Sign Posted Referrals Listed 10/30/2007 RC File Assembled soIti vie Referrals Mailed Chaindexed Letter to Applicant Mailed L Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified I too p'1 Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted By: CC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Geologic Yes No_X_ Zoning Agricultural Flood Hazard Yes No Airport Yes No_X_ Panel #080266 0850 C • lb . CASE: U St 147 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24" /Minimum 3 millimeter polyester sheet t'�i t Lettering No stick-on lettering / Minimum 8 pt.lettering �, Boundaries of Lots i Scale Suitable Scale?(1"=200'or 1"=100') : ..f Accesses indicated Shared Access?If so,is easement Certificate included? Ili Roads labeled,including le } r f . R.O.W t, Building Envelope(s) I YVt Vicinity Map Suitable Scale?(Minimum 1"=2000') LI\ North Arrow AA,: Legal Description tit 1 Notes from Planner/ Art' Development Standards iyrl Conditions of Approval f 1 j 1'' v{ t l ' ! Owner's Certificate Notarial Certificate included?All owners must sign the plat, • check the deed. i r. s Ile e Surveyor's Certificate and All surveyed plats V. fr Surveyor's Stamp Note:USR plats do not need to be surveyed ° ii r Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff Certificate Approved) J•- Planning Commission (USR, COZ, Minor Sub.Final) R Certificate �� u i " > Board Certificate (USR, COZ„Minor Sub Final) 0 r (Final PUD,RE, SE&ZPMH if Board approved) r Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) r 1 Easements y .� 9- I0U\ecf Jd i/tS i Please return the plat to the CAD Technician within 24 hours of receiving the plat. i�l / , / Paper Plats: (Initials)Date: ? v k;N`- - Surveyor&Date: Applicant&Date: Planner Signature: Date: Weld County Referral 111kOctober 31, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan WI We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. ^ , Comments: ��i 1 ttr etia at h[� (/art Q&n C. C3Yv�_i�ir nn F T\ V k t U. i?con uz-PrC, nnica Signature ' k 3 Date `�- Agency ZOyNIi^a l JSY‘NjpAtrw -1J. ❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 •.•(970)353-6100 ext.3540 4•(970)304-6498 fax NOV-27-2007 03:27PM FROM- • T-845 P.001/001 F-447 (it6 Weld County Referral WilDe October 31, 2007 COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the swit of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 C) 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. 1O See attached letter. O Please notify me of any public hearings regarding this request Comments: Signature S Date y/_ 2 7_ o7 Agency ii try Lo P/0 t 4Weld County Planning Dept. 4918 10m Street, Greeley,CO.80631 4(970)353-6100 04,3540 4(970)304-6498 fax Weld County Planning Departme • • GREELEY OFFICE NOV 05 2007 REC�IVED Weld County Referra October 31, 2007 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan a We have reviewed the request and find no conflicts with our interests. U See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature (7c � • Date WI s> Agency S Vra/A I/2,/l7 :A A 1 rsi4-r ❖Weld County Planning Dept. 4x918 101h Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Nov 12 u✓ 1z:b✓p ceismarn 303-651-7702 p.1 • • 71 -01 -07 75 :35 IN Weld County Referral ' October 31, 20D7 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ' ) �C C\ Dateo- Agency mrm 5 o •:-Weld County Planning Dept. +918 1d"Street, Greeley,CO.80631 +(970)353.6100 ext.3540 4(970)304-6498 fax 1 "Id County Planning Department GREELEY OFPG, MEMORANDU1�° 2 6 2007 RE est CEEVtD TO: ROGER CARUSO, PLANNING SERVICES WI lID FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH CP O SUBJECT:USR-1637 DATE:RD 7 MARGARET RUSSELL/LONGS PEAK COLORADO CC: Environmental Health Services has reviewed this proposal for two 1.5 million gallon water storage tanks and associated appurtenances. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 6. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. 7. Bottled water shall be utilized for drinking and hand washing during construction of the project. 8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 9. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 • • Weld County Referral IOctober 31, 2007 C. NOV - t COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell/ Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑y We have reviewed the request and find no conflicts with our interests. a See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature 9 /Jed / Date // — ;4 ! / ,i'" , Agency /'/�� . ; r � l^//17 +Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 ❖(970)353-6100 a#.3540 ❖(970)304-6498 fax Weld County Planning Departmei • • GREELEY OFFICE DEC. 64 Ci 280 6 Zolit: MEMORANDUM RECEIVED TO: Roger Caruso, Planning Department DATE: November 26, 2007 FROM: David Snyder, Engineer�� COLORADO SUBJECT: USR-1637, Margaret Russel/Longs Peak Water District The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 1 is a collector road and requires an 80-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. REQUIREMENTS: Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. The applicant shall indicate specifically on the play the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. The applicant shall utilize the existing accesses to this parcel (non SE property). This area is not in FEMA Flood Zones. All stormwater must be detained on site and follow the requirements per Weld County Code 24-7-130 (D) and Ord. 2096-7. All stormwater detention facilities shall be designed to detain the stormwater runoff from the entire fully developed site from a one-hundred-year storm and release the detained water at a rate not to exceed the rate of a five-year storm falling on the undeveloped site. The applicant must take into consideration storm water quantity capture and provide accordingly for best management practices. Offsite drainage agreements must be obtained from adjacent land owners to receive the quantity and nature of discharge from proposed development. pc: USR-1637 WELD CONTY ROAD ACCESS INFORMAlt SHEET Road File# Date: October 22, 2007 RE#: Other Case#: 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 1. Applicant Name: Longs Peak Water District Phone: 303-776-3847 Address: 9875 Vermillion Road City Longmont State CO Zip 80504 2. Address or Location of Accessl/2 mile north of WCR 34 and WCR 1 Section? Township 3N Range 68W Subdivision Block Lot Weld County Road#: 1 Side of Road East Distance from nearest intersection 3. Is there an existing access(es)to the property: Yes XNo #of Accesses See plat map 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial Z Temporary ❑ Subdivision ❑ Commercial ® Other Use-by-Special Review for water storage tanks 5. Site Sketch Legend for Access Description: AG = Agricultural /�ccvsg �srNt RES = Residential O&G = Oil &Gas Li I co D.R. = Ditch Road = House no = Shed A = Proposed Access A = Existing Access cc NT OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: Weld County Referral 111kOctober31, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of County Road 34 and 1/2 west of County Road 1 /2 mile Parcel 1207 07 300042 Number 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. vt tSi sac pd riow S1tCL)tx? ep& -Mass -rte LoNrLti.- 1?ffi4ols t7otg.4 4CI397V4CG%7b/4 Comments: 4449 9o5-r oel--1577ZN/X'/oN Acnia 13- IMMWlarWv-r. we:op-VD-901L- 57fl'i14rn4-i'7PrxW£ r PlOtal.05,56 Signature Date tc-r 3 t 2r_u7 Agency p i.p,W t Weld County Referral 111kOctober 30, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell/ Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile north of CR 34 and west of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ 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. L See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature girds-1,4r—y„4r— Date y1--4/07 Agency <-0 eniuthr +Weld County Planning Dept. +918 10thh Street,Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax DEPARTMENT OF PLANNINSERVICES BUILDING9 PHONE 0 (970) 353 00 9 EXT.3540 80631 F8 COLORADO ( ) SOUTH WEST OFFICE 4209 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)-65-4210 December 3, 2007 Longs Peak Water District Site Specific Development Plan and Special Review Permit for a 1.5 million gallon water storage tank and associate appurtenances in the A(Agricultural) Zone District. USR-1637 1. A building permit shall be obtained prior to the construction of structures such as the tower or related equipment storage buildings. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 2. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings 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; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National Electrical Code. 4. Each structure will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. • • 7. A letter of approval from the Mountain View Fire District. shall be provide prior to permits issue. Sincer y, rank Piacentino Plans Examiner GREELEY OFFICE NOV- 1 3 2007 (it RECEIVED Weld County Referral 111kOctober 31, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell/ Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ 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. i ( See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ��_. /-iG0 Date Agency Shiite/(4. o,'-7— e c ❖Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 A(970)353-6100 ext.3540 •.•(970)304-6498 fax Weld County Sheriff's Office M e mo To: Roger Caruso From: Ken Poncelow Date: November 9,2007 Re: USR-1637 The Sheriffs Office approves this plan. Please notify the developer/owner that the Sheriffs Office would be willing to assist in the development of a security plan for the site free of charge. If this is of interest, please have them contact me. 1 • • `6 Weld County Referral Weld County Planning Department October 31, 2007 ' GREELEY OFFICE C. NC)V p 8 2007 n D COLORADO RECEIVED /C, -a The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell / Case Number USR-1637 Longs Peak Water District Please Reply By November 30, 2007 Planner Roger Caruso Project A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 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. Weld County Planning Commission Hearing (if applicable) January 15, 2008 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature 133 , )3 QA /�-, Date ,il— @- -- 0 7 Agency 2.--Ava 't(413 L- ❖Weld County Planning Dept. .918 10th Street,Greeley,CO.80631 4-(970)353-6100 ext.3540 •(970)304-6498 fax • • Longmont Conservation District 9595 \e/son Rood, Box D—Longrnom. Colorado,80501—Phon' (303) "6--J034—Fax(303) 684-9893 Site Review Memo To: Longmont CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose, etc.) Margaret Russell/ Longs Peak Water District, Case#USR-1637. A site specific development plan and a special use permit for major facilities of public utilities to build 2—1.5 million gallon water storage tanks and associated appurtenances on the property. The purpose is to provide services more efficiently and effectively to District water users. Prime Farmland: The land is prime and of statewide importance and prime if irrigated. Water Quality: N/A Noxious Weed Control: Since there will be ground disturbing done during construction, a noxious weed control plan should be established with the Weld County Weed department. Soils Limitations: The Wiley soil is a somewhat limited shrink-swell. Other concerns: Summary comments: < OASER1"AT1(1V' DEIF_LOP11E1T- SELF GOIER\AIEVT FROM :GERDOM & ASSOC • FAX NO. :3038285244 •v. 15 2007 10:22Ah1 P5 1tBcEIVED NOV 0 2 UV Weld County Referral • October 31, 2007 110€ COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Margaret Russell/ Case Number USR-1637 Longs Peak Water District • Please Reply By November 30, 2007 Planner Roger Caruso Project A Stte Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. Legal Part of Lot B of RE-3784; being part of the•SW4 of Section 7.T3N,R88W of the 8th P.M.,Weld County, Colorado. Location 1/2 mile north of CR 34 and east of and adjacent to CR 1. Parcel Number 1207 07 300042 • • 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 cell the Department of Planning Services. Weld County Planning Commission Hearing(if applicable) January 16, 2008 ❑ 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. lease notify me of any public hearings regarding this request. Comments: e5.2P a.'f - c� • • Signature �, Date /7- /5, 07 Agency 777-.4f11 0c Best, A OWeio County Planning Dept. 091610`Street,Greeley,CO.80631 0(970)353.8100 8°8.3540. 4(970)304-8425 fax FROM :GERDOM & ASSOC FAX NO. :3038285244 Irv. 15 2007 10:22AM P6 MEMORANDUM TO: Roger Caruso,Weld County P ' g PROM: Joe Gerdom,Town Planner. DATE: November 7,2007 SIJBJ: Weld County Referral: USR- 37 On behalf of the Town of Mead,I am responding to the above captioned development referral.Based on a review of the materials submitted by Weld County,the Town has the following comments and observations concerning this proposal. This referral would allow Longs Peak Water District to construct and maintain two 1.5 million gallon water storage tanks(one immediately,one future)with access from WCR I,approximetely Ih mile north of WCR 34. If this application is approved,we would ask that there be a stipulation added that the property owner agree to annexation by the Town by the year 2010 or at such time as the Town's corporate boundaries are within 500 feet of this property,which ever occurs first. WC_110707_USRI637 GERDOOM&ASSCC A1TS • 935 vrrxe5 sTRirr,EMI,COLORADO 80316 • CZRDOMAS$QC®MSN.COM • 303.828.5244 STATE OF COLORADO GOtDRib Bill Ritter,Jr.,Governor / RA 0 DEPARTMENT OF NATURAL RESOURCES f7 DIVISION OF WILDLIFE 3 tVuj AN EQUAL OPPORTUNITY EMPLOYER *OF 14%. Thomas E. Remington, Director pinning Department 6060 Broadway Weld I For Wildlife- Denver,Colorado 80216 ^t Ei aY OFFICE For People Telephone:(303)297-1192 wildlife.state.co.us %) L, U G 2007 November 30, 2007 .E IV ED Roger Caruso Weld County Planning Dept. 918 10th Street Greeley, CO 80631 Case Number: USR-1637, Margaret Russell/Longs Peak Water District, a site specific development plan and special use permit for major facilities of public utilities Dear Roger: As this parcel is only 3.2 acres, we do not have any conflicts with this referral. However, after making a site visit, it was determined that black-tailed prairie dogs inhabit portions of the property. Prairie dog removal on this site should take place prior to development or construction work begins. Trapping/transplant efforts or euthanasia are legal options for prairie dog removal. Euthanasia efforts must occur through the use of approved toxicants, and trapping and transplanting of prairie dogs requires prior approval of the Colorado Division of Wildlife. Note that bulldozing active prairie dog colonies is not an acceptable method of removal. Furthermore, since prairie dogs are present at this site then surveys are needed for western burrowing owls(listed as State Threatened)which may also be living in prairie dog holes. Bird species are protected by law and killing a burrowing owl is illegal. Please refer to the accompanying sheet ("Suggestions for handling burrowing owl issues") and the following should be observed: -If construction is to occur between March 1 and October 31,the area should be checked for the presence of burrowing owls prior to any earth-moving taking place. The owls are susceptible to being buried and killed in their holes by construction activity during the nesting season. -If construction is done between November 1 and February 28, it is very unlikely that owls would be present since they migrate out of the state during the winter. DEPARTMENT OF NATURAL RESOURCES,Harris D.Sherman,Executive Director WILDLIFE COMMISSION,Tom Burke,Chair•Claire O'Neal,Vice Chair•Robert Bray,Secretary Members,Dennis Buechler•Brad Coors•Jeffrey Crawford•Tim Glenn•Roy McAnally•Richard Ray Ex Officio Members,Hams Sherman and John Stulp A. Thank you for your consideration of these comments. If you have any questions regarding these comments, please contact District Wildlife Manager Suzanne Kloster at 303-485-0593. 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' 'J ° - mmm m / / H 3. j- « \ «fir \ \ \ [ ) \ \ R ! - - \ % w : - \ . � �' ) / \�_�« ._« j I . H2 N a • Lu • (2 Z G C v i .k e l!',(;;;-'! „!i! 0 A r V R I v . I ,I '1111 I z '41 ' 1 — I I ₹ I / I ' 11! S II e. II I a y el e7e. - I W N.0= f;11 - 5-111 ir fr ilLam l IL II I o I‘II\ 1pIII E. s . ' I leiI II ii H---, - I I _. -I — — — fl: WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File# Date: October 22, 2007 RE#: Other Case#: 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 1. Applicant Name: Longs Peak Water District Phone: 303-776-3847 Address: 9875 Vermillion Road City Longmont State CO Zip 80504 2. Address or Location of Accessl/2 mile north of WCR 34 and WCR 1 Section? Township 3N Range 68W Subdivision Block Lot Weld County Road #: 1 Side of Road East Distance from nearest intersection 3. Is there an existing access(es)to the property: Yes XNo #of Accesses See plat map 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ® Temporary 0 Subdivision 0 Commercial Z Other Use-by-Special Review for water storage tanks *****************_*****************************************_****************************** *****************************************.__,_.** 5. Site Sketch Legend for Access Description: AG = Agricultural E.)t,Sth iy Alec 4,ss, ifs"Mt. RES = Residential O&G = Oil & Gas L4 I co _ D.R. = Ditch Road O = House au O = Shed A = Proposed Access A = Existing Access U Ni OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: Recorded at Reception No. ?�!7 g.t! Recorder QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this 7 day of JM'MY, 2008 between MARGARET I. RUSSELL ("Grantor") whose address is 16882 Weld County Road 1, Longmont, of the County of Weld and State of Colorado and MARGARET I RUSSELL ("Grantee"), whose address is 16882 Weld County Road 1, Longmont, of the County of Weld and State of Colorado, collectively hereinafter referred to as"the Parties". For the sum of $10.00 (ten and 00/100 dollars) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby does remise, release, convey and Quit Claim to the Grantee the property described as follows: Lot B of Recorded Exemption No. 1207-07-3-RE3784 located in the SW 1/4 of Section 7, Township 3 North Range 68 West of the 6th P.M. Per Map recorded June 30, 2004 at Reception No. 3194250, County of Weld, State of Colorado. IN WITNESS WHEREOF, the Grantor has executed and delivered this Quit Claim Deed on the date set forth above. GRANTOR: By: Qu44.. ZJ- O644e, Margaret I. Russell STATE OF COLORADO ) )ss. COUNTY OF u)J t-b ) -rt. The foregoing Quit Claim Deed was acknowledged before me this 1 day of Tcoal' 2008 by MfrRM/htfii-i. I 5S—L-1. My Commission Expires: OZ/2O/ ZPf puuuunn,. WITNESS my hand and official seal. o , oTARy'•;t<` pUBt NOTARY PUBLIC ••........:.�pQ IWO _ I P:\TETRA TECH,RMC\C94#IA\C94-1A\Russell\USR&SEApplicatton&ApprovalProcess\Quit Claim Deed 1-04- CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Russell The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B of Recorded Exemption No. RE 1207-07-3-2134, being a portion of the Southwest Quarter of Section 7, Township 3 North, Range 69 West of the 6th P.M., According to the map recorded April 30, 1998 at Reception No. 2609608, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book 1083 , Page 184 Reception No. 1885366 , Book 963 Reception No. 2228576 , Book 1277 Reception No. 2231381 , Book 1280 Reception No. 2232492 , Book 1281 Reception No. 2262101 , Book 1310 -*Reception No. 2532548 , Book 1590 Reception No. 2577911 , Book 1634 Reception No. 2603667 Reception No. 2609608 Reception No. 2620121 (for informational purposes only) ", Reception No. 3190606 Reception No. 3194250 • Reception No. 3259419 (for informational purposes only) This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 26`h day of September, 2007 at 5:00 o'clock P.M. • � LAND TITLE GUARANTEE COMPANY BY: f I , Kerni Allison Title Examiner , . _ . • R E is 0 qq ... ... . . . SJ Ph6FiO) oB�,� noA,� n.a, G27 iii ..,,i�'r c .e; A . B 4083 MGL184 p>.Rt%an WABRRANT0Y DFFDe'a u..aa. STATUTORY FORM ' by deed of - j Ztnsm all Atli hg then Vresads: Then. aided in the T. M. TI1P0fDS0N " *ado, on the of de Caney of Boulder earl Pete of Colorado, age b61 1 tk immanent.of Ten and No/1.00___ -- - Dolton. , on hood pad,hereto sell and annoy to leered herein; George Ii. 1Becaslln - in have been ' drk County d Boulder ad rk Smug Colorado. tkddkmem met prorate.oumsmk the Cowayo/ P^1d -_ a. ..-. and Stem of Cokmdr,to ma. egalholder of . o me in hand a The South Half' (S).) of Section rev (7), ate and quit. To•nchlp Three (') North, P.nnoe Sid ty-,C:rt .. of said mono Deed of Trust (68) re t of the St'. P. n., exc ., _ _. .. e hick is hereby r1;;htr of any for roods and to 1^41 t-xac -v;hich gr'ntnr ^ssumes. - - privileges and - d forever di:. .D.19 91. . • o. ' .. ke• (SEAT.) IIII the j I''he purposes of L-_,e...-- the hnefieier, - Q dewy ceebify wrh aan egvdovuen.and warrant rk ark to Me awe. hereby ratify Public Trnnee it nomc4 nab. - .• n aa, d achieve. and ndWory V. n .d.D.1941. Sassed met Johnwd ebb Both dad !u1•.ist 1941 rg.wue. (n the aeaa d ,( -y_4f" "`- "-'-- -'—IsEALI . ,,,f,,, —ISEdW l _ —_ ISFwLI AN1SS5366 . 6 0963 REC 01885366 03/11/82 12:30 43.00 1/001 MARY ANN FEUERSTEIN, CLERK 6 RECORDER, WELD COUNTY, CO _ _._ _ .-ae, N c II - - GEORGE M. Mc CA LIN whose address is 1303 Longs Peak Avenue, I II Longmont, Count,.„f Boulder •and State of II - - It Colorado, ,in t he consideration of I TEN and 00/100 P ullars.in hand paid, i I - hereby srlllsl andtt ol;li n115I to The First National Bank of Longmont, Trustee, •� - who.a.,uhl ress is 401 Main Street, Longmont, C::;inv„I Boulder ,and State of Colorado ,the following real I I tlonnt),of Weld ,Ivor Stilt of('idol ado.to wit ll poperty,in the Ili The S� of Section 7, T. 3 N. R. 68 West of the " 6th P.H. , excepting existing rights of way. II for roads, and ditches, li • ---- l I II ll 111 l: It • ` Ali il • . also known as xtreet.and num6.•r I with all its appurtenances I ,. I Signed this 8th day,1 March .19 82. I I _ t40 STATE OF COLORADO, l County of Boulder, If"' - �. I I _ The fore>nnnRlmYru me nl was.uknuuledged b+fom nvthis 8th __ _ -- - III day a March .la ot •L5 George M. McCasiin. • II It t hky r,u nussion expires April 26th, 1985. -.-Witne4finy hand and official seal / I. • J •11' ?Y c / ll ,.1\\ r Address: 401 Main Street,/% _.. - II '(,1. T 1i Longmont, Colorado, 80501 II '-'.',I.‘2I,/ ,I ill No.89N. VLITfL.11. UF.EU M ere.—mama MM hNn3J V YN..e l.l..wq.rU tl. IW)I 111dPtl—YJi (sue. �a AR2232992 ®iaaa�-__--- p. D 1277 1 02220373 09/37/00 Yi137 ▪ � ' AR222aS7h, nRectums no& NARY Ai 711�122ta mac s 1l>o0 area laza x� 1.• I SPECIAL WARRANTY DEED 11, THE PAST NATIONAL BANK Or LONGMONT. TRGSTE6 of the George M. HcCaslin Trust. Grantor I. State ,.., F- E ate• ..rhos atdsoii3e a 401 Main Street, Longmont, CO 60301 a I • •Coomyof Boulder •• aaiShkof Colorado .for Neaasideatine of Two Hundred Twenty-tour Thousand and No/100 down, — (1124,D00.001 in ham yat heirhy sell(sl and conseyls/to I; BERNARD A. 'WOOLARD and CHERYL L. HOOGLAND, as tenants in common. Grantees, 11 whaelraaladd,essis 13331 Wald County load S, Lon Emosta Colorado 30504 I1 County of Weld .am Stall o( Colorado I . I I dir 6,Itw.ins rrai psopaty in,hc ' i' ,Ry CoR oP 1N30 • ) and Stair of Colorado.to wit The South 1/2 of Seetlon 7, Township 3 North, II Range 66 Wet of the 6th P.N., held Ccuaty, Colorado. This Deed is being rerecorded to correct the acknowledgement_ i f,,' EXCEPT tares for the year 1990 and subsequent year., Vlach the grantee, seas ' 4 a� : and agree to pay; subject to @listing rights of way and eassenata, A..ion. contained in Patent recorded in Nook 701 at Page 401, reseswatlono' by Delon Pacific sailerad Company, its sUccessOra and asst is tloox 417 at Page 27s, and subject to the �• isprov OaDeed rscorded • l agreement recorded In soot 976 as Rec. Mo. 1904116.E of fartace p ormerrs • B 1281 REC 02232492 11/07/90 16:07 45.00 1/001 F 1837 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO '1 II also Loons,a mars ad aumba (Vacant land - no street address assigned) I: • it !I with a0 its appurtenances and mimed')the title araims III persona claiming Ma(me)(st Is t . I Signed and(SOWS at25 day of Septimber .1990 8 f a a4 n-ggz .I THE TIME! NATIONAL MARU Or L0R0Wn t, . • True immix"-•. •s+ :!`•'19 -. :r ,..♦, STATE O!!F��COLORADO, � ,;.i xa•T:t «� ' C:'. wo County° at. .OLW 1 m. r • . rill>} The h , .1L-er ii"7"'1 a �-.,�'/a'..i `.,' �a'' ' RNmr instrument was setemeledged�beefore me this c deg p( September RG 199 :::.by r.,. gi�sr1 }�, '71..kr7 . 81 2 :11R-rtas?"1fj710NAL BANK Or VT. TROSTA' of the , Trust ilflTre t. '%%0Th Pay• 9• n. NCCaslln rremt. If •..•d-ao. y.Atierti O mien /0 •aL-9a- .19 .Wear my ham and official d. •ttmDorm.am Tel r-. ii/t !A •� ( ' Me.sea.Rn.a.st nermesaRtane®s«wwr reaewra."r,ar rr.ta...-..o en•_..uomee Kai SKLD LG SKL10271 WE 2232492-1990 . 001 S , r 11012.3111O__ Om�•� -. 1,4j1-010.7c„,,„,,© l //% iner f ■ __ m, . ..... . ,�4 w,1 q— � ` , � �nn \32t 4 { |/ E / ! .w j/r11 El Pit ; } \ \ \ r_t | Q ? / if „t. ) l( \ § :- 1 d ° 1 i \ } ` | q ; ; i § , ; - « w ! tom[ , q ^ i ( @ , - a @I } J JO J , Zi \ ,-- '1? } ! | \ : r ! H ) ( is E =-g ' ] / EC ; E _ ! \ v. ) ; ' 2 . . e � ,& 0_ - \ , $ - --- » • p - a a a a � e ,-s'' i ii I : kA i. F' i - a @ s .. I.: a !a SI r P i 1 I ,E _ i2. a t i i ei 3 € sir yyf; s �a p p r °R LL. ▪ eft ev s Ka a tet as v k as F � 1 w e 1V. e Sa° Lave e5a e r v ga s;v[i._ _E yvip. i,iF Oil! pia s § 4,3 evytsR ° ax i_f f Sa v iF' " "a i 3i i 3 Eaa - E a ° 5 vE Sa ,H,.3 sv'eSG Ea livilAi ea ti e: is s t [ i.-4 pili 'EF9 ; a afS -r6 r F .. IIF. e c• il a F_iSfeecvavii,c i r -a .E °- a "15 SP SE iii gi P e <e c .vasv'`w.F `F e .. P. _i a rP f :.. fi [ pF . SE i v-i-'.2:V e epp asaef 'c i. eee .'F ie " ]e i C ESefaae:titigt . e_ ie f eV i Sidi .U. At o0 000: L I g 41 ml 8Io 01" 1 'API 11a�6 i;6, a tth Seesi i SaN P5 I C if n IL 15{q Z co o y¢6ii Q ;tie., ,, "yg3P I f EY O, I— sr i !P Sn1 I^ g mI a a ^'I, oa I, § pp H. I �:.99 n ` z11i t: pp„ S. 9 @F8. p s !k�p - _'s --_ - -:I Li nG e S al g 3 • S 25)2548 6-1590 P-490 02/06:1997 04:32P PG 1 OF 1 REC D0C Weld County CO IA saki Tsukamot.o Clerk & Recorder 6.00 Om i. t (Claim Peed. Bernard A. Hoogland and Cheryl L. Hoogland whose address is 15333 Weld County Road 5,Longmont,Colorado 80504,for the consideration of Ten Dollars,in hand paid, hereby sell and quit claim to Bernard A. Hoogland and Cheryl L. Hoogland, Trustee(s) of the Bernard and Cheryl Hoogland Living Trust dated October 24, 1994, whose address is 15333 Weld County Road 5, Longmont, Colorado 80504, the following real property, in the County of Weld, and State of Colorado,to wit: Tlrila It 1/2 Section 7,Township 3 North,Range 68 West of the 6th P.M.,Weld County,Colorado. Also known by street and number as (vacant land - no street address assigned) with all its�'(fAa��p//pu''rtenances.'I Signed this t,aay of rAB4&t , 1915 . (No documentary fee required Actual consideration for this conveyance was less than 5500.) tunnAa c)JA44 ) Bernard A. Hoogla t.2 fir_ /fo-;y/ryc/ Cher9I L.Hoogland STATE OF COLORADO ] I SS. COUNTY OF BOULDER I The foregoing instrument was acknowledged before me this it'f& day of Ilia.I U,-- , 19 __ by Bernard A.Hoogland and Cheryl L.Hoogland. My commission expires•44$4, Witness my hand and fi$tal sej4, (` Hopp 't Al ..--:4-:::;;J d Cf \\ �No Pu \tblic WaGer5.Hoff,Esq. ♦2230 Mountain'klewAvenue,Lon49mont Cofomdo 80501 •9Yone303-776-4045 •1xO0.3-7768709 SKLD LG SKL1O271 WE 2532548-1997 . 001 0 S | la 1,1 _� ,. \� ` . . 2 a . r Q } @: a e p . § ' ‘ c C \] ill % % § III - �— } X4 Lai: % / §La k & - . C. | U ,en w : ; | ® \ � \ i i r | > / [ ® , § pa ',:a . . � 1 E2 \ j . a. \ ' ° \ ki ..,,,. . .. § �� . . 'a| hi an s� & K R / , ,, , ; w / /5-� . - ,. - ° - � m / | / ,Q ,_. IE . / [. - - 11111111101111111 IIINI IIII 111111 III 11111 IIII IIII 46 6,(.,/ --.- 2603667 04/02/1998 12:16► Wald Cetaity CO 1 of 2 R 11.00 D 26.00 JA Suitt Taukameto WARRANTY DEED THIS DEED,Made this 31st day of March , I9 98.between BERNARD A. HOOGLAND AND CHERYL L. HOOGLAND, TRUSTEE(S) OF THE BERNARD AND CHERYL HOOGLAND LIVING TRUST DATED OCTOBER 24, 1994, of the County of Weld, State of Colorado, ;t'stmdwegeanmr,and MARGARET I. RUSSELL,' as to an undivided one—half (1/2) interest, and TOM L. RUSSELL, as to an undivided one—half (1/2) interest, as tenants in common and not as joint tenants, {� whose legal addres-si. 557 Rider Ridge Drive, Longmont, Colorado 80501, �l)Y/ of the County of Boulder and State of Colorado.grantee: WITNESSETH,That the grantor for and in consideration of the sum of other good and valuable consideration and Ten ($10.00) DOLLARS. the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant,bargain,sell, convey and confirm.unto the grantee,his heirs and assigns forcer,all the real property together with impnwentents.if any,situate.lying and being in the County of Weld and State of Colorado described as follows. Township 3 North, Range 68 Nest of the 6th P.N. Section 7: El/29111/4f County of Weld, State of Colorado. (ADDITIONAL TERMS AND PROVISIONS of this Warranty Deed are set forth on Exhibit "A" attached hereto and incorporated herein by reference.) as known by street and number as: (vacant land located on County Line Road, Longmont, Colorado) assessor'ssdteduk or parcel numbs TOCETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the tevenion and reversions,remainder and remainders.rents,issues and profits thereof.and all the estate,right.title,interest.claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the herediamenrs and appurtenances_ To HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever And the grantor,for himself,his heirs,and personal representatives.does covenant.grant,bargain.and agree to and with the grantee,his heirs and assigns.that at time of to en.aling and delivery of these presents.he is well seized of the premises abase conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right full power and lawful authority to gram.bargain.sell and convey the same in manner and form as aforesaid,and that the ume are free and clear from all tinnier and other grants.bargains,sales,liens,taxes.assessments. encumbrances and restrictions of whatever kind or nature snorer.except and subject to easements and rights-of-ray in place or of record; any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all oil, gas, or other mineral leases, reservations, or exceptions of record; all zoning and other governmental rules and regulations; and 1995 real property taxes and all subsequent years. The grantorshall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his hein and assigns,against all and every person or persons lawfully claiming the whole 01 any pan thereof.The singular number shall include the plural. the plural the singular.and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the dale THE foBERNARD AND CHERYL HOOGLAND LIVING TRUST DATED OCTOBER 24,- 1994 BY er _ Bernard'' A. 'µ,/ - 000gg�llan , T stns STATE OF COLORADO 1t. By Chei-- (l L. H 4 y 4.and, Trustee County of Larimer I ss' 11 31st March 1998 The foregoing instrument was acknowledged before me this day of by Bernard A. Hoagland and Cheryl L. Hoogland, Trustee(s) of the Bernard and Cheryl Hoogland L,arimge(Dryst Dated October 24, 1994. My commission expire :/ iY Witness my hand and official seal. 'j7 A rr-�C_X,ff-J . J: < W r. :•• p j ` miens roue. 1, dt Z'k .,co •Din Denver,insert"City sad •`•. . -..n ' , Name and Adding of Perfm Creating Newly Created Legal Daeripdm Cs 3635-106h,CRS, O. NO.932A.Rees.494. WARRANTY DEED(Fix Photographic Rxma) Radford Publishing 1143 Were St..Denver,CO t0202-(303)2922500-296 SKLD LG SKL10271 WE 2603667-1998 . 001 • • 111111$111111111111111111111IIII111111III 11111IIII IIII 2503807 04/02/1000 12:10P Weld Canty CO 2 of 2 R 11.00 D 20.00 JR Suit' Taukamote EXHIBIT "A' ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN BERNARD A. HOOGLAND AND CHERYL L. HOOGLAND, TRUSTEE(S) OF THE BERNARD AND CHERYL HOOGLAND LIVING TRUST DATED OCTOBER 24, 1994 ("GRANTOR") AND MARGARET I. RUSSELL AND TOM L. RUSSELL ("GRANTEE") ADDITIONAL TERMS AND PROVISIONS Retained Property. The parties hereto acknowledge that the real property being conveyed to Grantee by this Warranty Deed (the "Property") adjoins a parcel of land which is owned by, and being retained by, Grantor (the 'Retained Property"). The legal description of the Retained Property is the North Half of the Southeast Quarter of Section 7, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. Grant of Easement. For the purpose of providing vehicular access to the Property, Grantor hereby grants and conveys unto Grantee, their heirs, personal representatives, and assign., a non-exclusive, perpetual road easement and right-of-way over and across the most westerly fifty feet (50') of the most southerly fifty feet (50') of the Retained Property. Reservation of Easement. For the purpose of providing utility services to the Retained Property, Grantor hereby excepts and reserves unto itself, its successors and assigns, forever, a perpetual utility easement and right-of-way (the "Easement") over and across the most northerly thirty feet (30') of the Property (the 'Easement Property") . The Easement shall entitle Grantor to use the Easement Property for the installation, construction, repair, maintenance, and use of utility lines. Restrictive Covenant. For a period of thirty (30) years following the date of this Warranty Deed, no buildings, structures, or other improvements of any kind shall be constructed, erected, or installed on the most easterly one hundred feet (100') of the Property. The foregoing restriction shall run with the Property and shall be binding on all parties having any right, title, or interest in the Property or any part thereof and shall inure to the benefit of the Grantor, its successors and assigns, and to any subsequent owners of the Retained Property. Grantee, by accepting the conveyance of the Property, agrees that the foregoing restrictions shall be binding upon Grantee, their heirs, personal representatives, and assigns, and any other party having any right, title, or interest in the Property or any part thereof. Grantor, its successors and assigns, and any subsequent owners of the Retained Property, shall have the right to enforce the foregoing restriction by proceedings at law or in equity against any person or persons violating such restriction. Reservation of Easement Payments. The parties hereto acknowledge that the Property is subject to that certain "Option and Agreement to Grant Easement" dated March 1, 1991, to which Grantor (as successor to Cheryl L. Hoogland and Bernard Hoogland) and US West NewVector Group, Inc. ("US West") are parties (the "US West Option"). Pursuant to the US West Option, US West received an easement (the "US West Easement") over, under, across, and through a portion of the Property for the purpose of constructing, maintaining, and operating a mobile communications facility and uses incidental thereto. Any reference to the US West Option and/or the US West Easement (jointly the "US West Agreements") shall be deemed to include all renewals, extensions, or modifications of the US West Option and/or the US west Basement. The US West Agreements provide for the payment by US West, its successors or assigns, of certain sums of money representing consideration for the granting of the US West Easement, all as more fully set forth in the US West Agreements ("Easement Payments"). Easement Payments are payable periodically. Grantor hereby excepts and reserves unto itself, its successors and assigns, one hundred percent (100%) of all Easement Payments payable by US West, its successors or assigns, (i) by virtue of the US West Agreements, and/or (ii) by virtue of the existence of the facilities constructed on the Property by US West, its successors or assigns, pursuant to thw US West Agreementw. ft SKLD LG SKL10271 WE 2603667-1998 . 002 0 • Dig 't. (b Id *1g 1 b VI! it iiitgig g Nig pig lii 1i1 Q i rii 2 3'1iJ 1 t i a 8 ; INII y § ° FFFFY sfpl gg °is s r t $ E 3 3388 yNA$ I i ; e I fv yt 1 3 gei8€8p Ii' q€$ o € fF ;iti T s € X i i i . I i QH 4' s! � it§ i Is hJ z _ _ c I � �N I I ,111'611Z, 3_amt..O$ — a _ \1 u 4 a� ha O m oe;! eizt a 4 X Ng W W 1 0" °° - i ® O ■ Fes/ yNj V -iii � 0 S T u AI g j • I` NO 41 W P4 N Q • .lac`s z = W 1. p�: ®\ I �it F ra Q1Qk�p t .s 2,1'; < 1 88q CCyy; . J igi a', H ,. G R a O-IA 3Rd Saj S 9 91 sQ� e '�Q �i59i 3 1- a.r 05x8 _ _-s�_a=- L� N l'a7M 1 a s i a ; gij I-i °; • a Li. , 1 , apA _ 1 4I cY , c. 8 J i s e Q O•O+ 1 g . i RCPTN N 98041437 05/20/98 24:00 I PAGES - 1 FEE - •6.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC PEE - $12.75 STATE DOCUMENTARY FEL /2/ WARRANTY DEED ( '" THIS DEED, Made this 13th day of May, 1998, between MARGARET I. RUSSELL and TOM L. RUSSELL of the County of BOULDER and State of Colorado, grantor, and NORBERTO CRUZ and RITA E. CRUZ whose legal address is 470011I19S..�SUNSS 5HINE COURTLOV 37 aV003 of the County of LARIMER and State of Colorado, grantee: WITNESS, That the grantor, for and in consideration of the sum of $127,500.00 DOLLARS. the receit and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado described as follows: LOT A OP RECORDED EXEMPTION NO. RE 1207-07.3-2134, BEING A PORTION OF THE SOUTHWEST QUARTER OF SE RECEPTION NO. COS IP036 N TOWNSHIP NORTH,COUNTY WELD,RANGE 68WEST STATEOF THE 6TH THLP.M., ACCORDING TO MAP RECORDED APRIL 30, 1998 M.•ACCORDING TO MAP RECORDED APRIL 30,1998 Aalso known by street and number as: VACANT LAND. TOGETHER.with.all and singular the hereditaments and appurtenances [hereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all [he estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. with the appurtenances, To HAVE AND TO HOLD the said premises above bargained and described, pp unto the grantee, their heirs and assigns forevebargain. And the hedgrantor,t for ordhimself, his isaheir their personal representatives, does covenant, grant, nee, well heirs and assigns, that at the time of the ensealing and edeliveryboflthe these enpresents,indefeasible estate e of seized of the.pranises above conveyed, has good, sure, p inheritance, in law, in fee simple, and has good right, ball power and lawful auUwiity to-grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. except 1998 taxes due and payable in 1999. Subject to easements, covenants, restrictions, reservations and right of way of record if any and reservations of (1) oil, coal and other minerals (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals and (3) the right of ingress and egress and regress to prospect for, mine end remove oil, coal and other minerals as contained in Deed recorded Book 417, page 2Note:- all oil,- gas-and other minerals conveyed by Mineral Deed recorded January 13, 19781in2n boo book 819, Reception NO. 1741399 and Note, a Surface Owner's Agreement recorded September 21r, 978. Reception No. 1904188 and an Assignment thereof recorded October 4, 1990 in book 1278, Reception No. 22393771 an Oil and Gas Lease recorded February 10. 1978 in book 822, ReCeptiOn No. 1744181, Notice concerning underground facilities recorded January 24, 1991 in book 1288, Reception wNo. 229296; Suchithin3Weld Countyr RoadNoe 1 as shown ion recorded Exemption hat rPlat RE-2134, recorded tion of the herein cApril 30,ribed la n d lying ights a may exist 1998 at Reception No. 2609608; and the burdensome effect of additional terms and provisions as contained in Warranty Deed recorded April 2, 1998 et Reception No. 2603667; The grantor shall and will WARRANT AND FOREVER DEFEND the above- ined ned premises every person and peaceable possession of the grantee, their heirs and assigns, against persons lawfully-claiming-the whole.or any part_ thereof. and the use of any gender The singular number shall include the plural, the plural the singular, shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. MARGARET I. RUSSELL eirt- {/ Acne-92/1 TOM RUSSELL [' •F `i,t`l/ 40 STATE OF COLORADO) J yr (SEAL) COUNTY OF BOULDER) \' fMQ� TheMforegoin hinstrument IasAacknowle�ed,OM subscribed scribedLand sworn to before me this 13th day My Commission Expires: • Witn s _y hen and official seal. • NO UBLIC poivvt.cyt ti tie 11111111111111111 I I 111111111 I I I I 111111 I I 111111 I I I I I I I I 2620121 06/17/1998 12:28P Weld County CO ,.e I Man ua n 12.70 JA Suki Taukamote SKLD LG SKL10271 WE 2620121-1998 . 001 • • 1 11111 1111 111111 11111 1111 111 III 11111 1111 11 3190606 06118/2004 12:23P Weld County, CO 1 0l 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 0 PERSONAL REPRESENTATIVE'S DEED (Deed in Distribution—Testate) THIS DEED is made by Margaret I. Russell,as Personal Representative of the Estate of Tom L. Russell, also known as Thomas L. Russell,deceased ("Grantor"), whose address is 16882 Weld County Road 1, Longmont, Colorado 80504,to Margaret I. Russell, ("Grantee"), whose address is 16882 Weld County Road 1, Longmont, Colorado 80504; WHEREAS, the above-named decedent, in his lifetime made and executed his Last Will and Testament dated February 16, 1996, and Codicil dated March 15, 2001, which Will was duly admitted to informal probate on August 7, 2002, by the District Court in and for the County of Weld, State of Colorado, Case No. 02PR262, Div. 1; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on August 7, 2002, and is now qualified and acting in said capacity; and WHEREAS,the Grantee is entitled to distribution of the property hereinafter described, and Grantor is authorized to distribute the same to Grantee; NOW, THEREFORE,pursuant to the powers conferred upon Grantor by said Last Will and Testament and the Colorado Probate Code, Grantor hereby sells and conveys to Grantee all of the Grantor's right,title and interest in and to the following described real property situate in the County of Weld, State of Colorado, to wit: The North %z of the Southwest '/ of Section 7, Township 3 North, Range 68 West of the 6th P. M., TOGETHER WITH all of Grantor's right,title and interest in all ditch,reservoir and other water rights appertaining to said premises; AND TOGETHER WITH all of the Grantor's right,title and interest in and to all other real property and property rights,water and water rights, minerals and mineral rights situate in the County of Weld, State of Colorado; known by street and number as: 16882 Weld County Road 1, Longmont, Colorado 80504, SKLD LG SKL10271 WE 3190606-2004 . 001 • • 3190606 06/16/2004 12:23P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder with all its appurtenances and subject to the 2004 general property taxes which the Grantee assumes and agrees to pay. EXECUTED this 16`s day of June, 2004. J. LoPaa Marg• t I. Russell, as Personal Representative of the Estate of Tom L. Russell, also known as Thomas L. Russell,deceased. STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) The foregoing Personal Representative's Deed was signed before me this 16th day of June, 2004,by Margaret I. Russell, Personal Representative of the Estate of Tom L. Russell, also known as Thomas L. Russell, deceased. Witness my hand and official seal. C,•£•My commission expires: June 9, 2006. PU \ J • ary Public rig ,:; .. SKLD LG SKL10271 WE 3190606-2004 . 002 0 • • S RI 119 I ` � 11 01 4 # kp'1 ill �e Pit OO — ; 4i i`eill 11 il: ii , co , ft r [ II 4 §o IL ' e� 1!i ! D'l I , .,_7-..-N i 0 Inlif I le. i 91, g 8 1;i 10 �<11111 :I II L n cc L,,-, il, I el? -3 % . ,z,.,I 4 1 LIJ N� 0 d r•, a It y� g e c .w 4gf Y 1 : P rte r5; �a 1• � �Q` i I e 'I' le ai y • pp y 'l O O W 2 3@ I;IC r 1 I I pgsa Er 11' peg:, 1' ,,}2•. rip °11 l e III' id s° ill.e O Z o° 12 ;1 1 3 @ e pp{Ie li s•g_1 t'yli�i) lgi i 1I' ggkiii 1 g y yi d MMM1yif r it a � i Ii ie s ° € w � ��#, �'� F is I iii�1� 1in8 11i• i 9 4I';� IF •pSl° 3Illgirl R i oti'oi �164Qo it 0,4 P§, r IB [ ' ii.i0-; 57 ifls� li'oil •lippC{„ l p 61 ille� t w9 iiy 1 !€ilE5�� Eii�l e a !e"r�! i�p 6ISy 16171 i 21 z �-l 1 _ les; i a ilitilit °1. t�Mill lii P dd • E AIM )is•ua n - tts „ iI to! bG m P Pi il p 411 w 1 n ytl�Q .r4 I 6'p it 12 10 o. �� I I$ t GS I i.- ;! ; , -,', I I; „. !A:i- ---i 7,, o: i,.$I.. 1 -I. 0 Ni ,..—....r. ««.. f N. I '021 .l:Nf10J ii,,li 1 it h _; y3 i3 l II!: 4 5,19 t 1111111!NMI 111111/III 111*/III IIIII/III uII _Recorder. III •" 3259419 02107/2005 04:06P Weld County, CO r 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Reconier _ -_ - — WARRANTY DEED MIS DEED,Made this 20th day of January 005 between Margaret I. Russell of the 'County of Weld and State of Colorado,grantor.and Stephanie K. Stone and John W. Stone 1 I. whose legal address is 16882 WCR 1 , Longmont Co 80504 I I' of the County of Weld and State of Colorado.grantee: I W ITNESSETH,That the grantor for and in consideration of the sum of II One Hundred Thousand($100,000) and 00/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted.bargained.sold and conveyed.and by these presentslees grant,bargain.sell, I convey and confirm.unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the II County of Weld and State of Colorado described as follows: r r Id Lot A, Recorded Exemption No 1207-07-3—RE3784 Located in the SW'3 of Section 7—T3N, R68W of the 6 PM. Weld County Colorado, as per bbe map recorded June 30, 2004 at Reception No. 3194250 County of Weld, State of Colorado I as known by street and number as: 16792 CR 1 I I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining.and the reversion and I reversions.remainder and remainders,rents,issues and pmfits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the i ' grantor,either in law or equity.of,in and to the above bargained premises,with the hereditaments and appurtenances. Ili TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns -I forcer.And the grantor.forhimself,his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,his heirs and I assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect.absolute II and indefeasible estate oLmheritance,in law,in fee simple.and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens.taxes,assessments. encumbrances and restrictions of whatever kind or nature sever,except easements of record I The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include theplural, the plural the singular,and dat use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor Igran�ntor has executed this deed on the date set forth above. rgaret I. Russell STATE OF COLORADO l I II 1 55. County of IJW\a.r ��--yy ,,The foregoing instrument was acknowledged p before me this LI4h dry J 4 of nVz,rT .19 Wg by (a1ka.SWsrt 4 L 1ZVaxtl �`aa•Ngtl,r^,,, I My commission expires ,19 Witness my hand and o oval �aaw�n:.b,(41 ,I ,0xp,aea, a C�'. My Commission Expires:05/11/2008 _'•sar�� t�.,• C 't r3 1707 N.Main 51. , g Q d 4 :t Longmont,CO 80501 „°^y Fublw , �S % 9J it%*If in Denver,in\en"City and". •"'TZ I --_—_ J No.932A.Rev.7-84. WAnSANTY Dab (For rbMspgHt Record) Radford?nsaahina.5125 W.6th Ave.,Lakewoad.CO 00214-131))3334903 1116 b SKLD LG SKL10271 WE 3259419-2005 . 001 482 1111111111IIII IIIII IIII 11111111111III1111111111111 • REV 8/17/07 3503482 09/11/2007 03:07P Weld County, CO • 1 of 39 R 196.00 D 0.00 Steve Moreno Clerk & Recorder CONTRACT TO BUY AND SELL REAL ESTATE 1. PARTIES AND PROPERTY. LONGS PEAK WATER DISTRICT, Colorado Quasi-Municipal Corporations, (Purchaser) agrees to buy, and MARGARET I. RUSSELL, Seller(s), agrees to sell, on the terms and conditions set forth in this Contract, the following described real estate in the County of Weld, Colorado, to-wit: (a) "Fee Property": A water tank site located in the southwest quarter or Section 7, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on Exhibit A, attached hereto; and (b) "Waterline Easement": A 30-foot water line easement across a portion of the southwest quarter of Section 7, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on Exhibit B, attached hereto; and (c) "Access and Utility Easement": A 30-foot Access and Utility Easement across a portion of the southwest quarter of Section 7 Township 3 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado, being more particularly described on Exhibit C, attached hereto known collectively as "Property." 2. INCLUSIONS/EXCLUSIONS. The purchase price for the Fee Property includes the following items: (a) Personal Property. None; and (b) Water Rights. Purchase price shall not include any water rights or any water tap attributable to and in use within the Property; (c) Growing Crops. With respect to the growing crops, Seller and Purchaser agree as follows: Seller shall be entitled to harvest and retain all proceeds from any growing crops on the above described Property existing on the date of Closing. This covenant shall survive closing and delivery of the deed. (d) Improvements. Any permanent improvements attached to the Property on the date of this Contract. The above-described included items (Inclusions) are to be conveyed to Purchaser by Seller by bill of sale with warranty of title, assignment with warranty of title, general warranty deed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances. The following attached fixtures are excluded from this sale: None. 3. PURCHASE PRICE AND TERMS. The .urchase price shall be ill , payable in U.S. dollars by Purchaser as follows: (a) , as set forth in paragraph eight below, in the form of Purchaser's company check paya le to Seller at such time as this Contract is executed by the Purchaser and delivered back to the Seller. (b) Cash at Closing. The balance of the Purchase Price shall be paid by Purchaser at closing in cash, electronic transfer funds, company check, teller's check, or cashier's check to the closing agent at or before closing. 4. GOOD FUNDS. All payments required at closing shall be made in funds that comply with all applicable Colorado laws. IIIIII 11111 IIIIII 111111 I'lll"IIII III 11111 Iiii Ift •ract to Buy and Sell Rea l [state 2 of e 3503482 09/11/2007 03:07P Weld County, CO rot 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 5. INSPECTION. Purchaser or any designee shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Purchaser's expense at any time or times after the effective date of this Contract. If notice of any unsatisfactory condition, by Purchaser, is given to Seller, and if Purchaser and Seller have not reached a written agreement in settlement thereof or if Purchaser has not withdrawn such notice on or before the Closing Date, this Contract shall then terminate, subject to section 16. Purchaser is responsible and shall pay for any damage that occurs to the Property and Inclusions as a result of such inspection(s). Seller has not generated, manufactured, refined, transported, treated, stored, handled, disposed of, transferred, produced or processed any hazardous substances on the Property. 6. DATE OF CLOSING. The Closing Date shall be within 30 days of receipt of all approvals from Weld County, Colorado for the use of the Property as a water tank site and associated improvements as set forth in paragraph seven below, or within six months of the date of this Contract, whichever occurs first. The hour and place of closing shall be as designated by Seller and Purchaser, mutually. Purchaser may delay the Closing Date as otherwise herein provided and may also delay the Closing Date for such period determined by Purchaser in order to obtain necessary governmental approvals, authorizations, loan funds or to comply with any other requirements to be able to use the Property as desired by Purchaser. 7. SUBDIVISIONS AND USE APPROVAL OF FEE PROPERTY. This contract is conditional upon the Purchaser obtaining the approval of Weld County for the subdivision of the Fee Property and for use of the Fee Property as a water tank storage site within 6 months after making application to Weld County for said subdivision and use. Purchaser shall make such application within thirty (30) days of Contract Date and use reasonable efforts to obtain such approval within said 6 months. Seller agrees to provide its written authorization as may be required by Weld County to process said subdivision and use applications. 8. POSSESSION. Upon the execution of this Contract to Buy and Sell Real Estate by the Purchaser and Seller, Purchaser shall pay the sum of.la to the Seller for an easement encompassing all of the Property rights described herein. The easement shall be in the form as described on Exhibit D, attached hereto. Said easement shall provide the District the right to begin construction immediately of water pipeline facilities within the Property. At the closing set forth in paragraph 6 above, the Purchaser shall pay to Seller the balance of the purchase price set forth in this Contract and the Seller shall convey*Bo Purchaser those ,documents 'set forth under paragraphs twelve, Transfer of Title, of this Contract. o"^ 9. RELOCATION & ASSOCIATED COSTS. It is understood and agreed by the Parties hereto that the consideration paid to Seller pursuant to this Contract includes all compensation to Seller including, but not limited to, any relocation costs and expenses that may be incurred by Seller resulting from the Purchaser's purchase and possession of the Property and improvements hereunder. P-ATETRA TECH RMCAC944I AVC94-I AARussellAContract to Buy and Sell REV 8-17-07.doc 111111111111 111111 11111 II IIIII IIIII III 11111 IIII IIII CIL to buy and Sell Real Estate 3503482 09/11/2007 03:07P Weld County, CO Page3 of '3 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 10. EVIDENCE OF TITLE. Purchaser shall obtain, at Purchaser's expense, a current commitment for owner's title insurance policy in an amount equal to the purchase price. The final title insurance commitment constitutes the title documents (Title Documents). The Purchaser shall pay the title insurance premium at closing. 11. TITLE. (a)Title Review. Purchaser shall have the right to inspect the Title Documents. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Purchaser and given to Seller on or before the Closing Date as herein specified. If Seller does not receive Purchaser's notice by the Closing Date, Purchaser shall be deemed to have accepted the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Purchaser, on or before seven days after the effective date of this Contract, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements, liens or other title matters not shown by the public records of which Seller has knowledge. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller on or before the Closing Date. If Seller does not receive Purchaser's notice by said date, Purchaser shall be deemed to have accepted title subject to such rights, if any, of third parties of which Purchaser has actual knowledge. (c) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the Closing Date. If Seller fails to correct said unsatisfactory title condition(s) on or before the Closing Date, the Closing Date of this Contract shall then be delayed until Purchaser has commenced an eminent domain proceeding against Seller and all other necessary parties or a Rule 105 CRCP proceeding to correct such unsatisfactory title conditions. The terms of this Contract shall be the terms of final payment for all compensation and damages under an eminent domain proceeding, and Purchaser shall tender all of the Purchase Price to the registry of the court as a deposit for immedesscssion of the property. Upon the date of such deposit Purchaser shall have the right to immediate possession of the Property and Inclusions and Seller shall have the right to withdraw all of such deposit after payment of all liens and encumbrances on the Property and Inclusions. Each party shall bear their respective costs and attorney fees in the event either an eminent domain or a Rule 105 action is so commenced. Purchaser may, by written notice received by Seller on or before the Closing Date, delay the Closing Date to a date determined by Purchaser within which Seller shall remove such unsatisfactory title condition(s) or conclusion of the Rule 105 action or Purchaser may waive objection to said unsatisfactory title condition(s). This Contract shall operate as a bar to any objections to all matters of good faith negotiations, necessity, necessary parties, jurisdiction, authority, or the like that might or must be raised in limine in a eminent domain proceeding, and Seller agrees to properly distribute the amount paid to all legitimate claimants as a result of the acquisition of the Property. P-.\TETRA 1E H,RMC\C948I A\C94-I A\Russell\Contract to buy and Sell REV 8-17-07 doc HUH N! IIIIII 111111 IIII I 111111 III MIEN N act to Buy and Sell Real Estate 3503482 09/11/2007 03:07P Weld County, CO Page 4 al-7 4 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 12. TRANSFER OF TITLE. Subject to tender of payment at closing as required herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver to Purchaser the following at closing: (a) A General Warranty Deed conveying the Fee Property: and (b) A Grant of Water Pipeline Easement in the form set forth on Exhibit E, attached hereto, conveying the Waterline Easement; and (c) An Access Easement and Utility Easement in the form set forth on Exhibit F, as attached hereto, conveying the Access and Utility Easement. The Fee Property and inclusions shall be conveyed free and clear of all taxes except the general taxes for the year of closing; free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; except distribution utility easements, including cable TV; except those matters reflected by the Title Documents accepted by Purchaser in accordance with subsection 10(a); except those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 10(b); and subject to building and zoning regulations. The Waterline Easement and Access and Utility Easement shall be conveyed fee and clear of any financial encumbrances. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other source. 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. The fees for real estate closing and settlement services shall be paid by Purchaser. Purchaser and Seller shall pay their respective closing costs at closing, except as otherwise provided herein. Seller shall pay for any real estate broker, agent, representative,attorney or other fees; and Purchaser shall not be liable for any such fees,costs or expenses. 15. PRORATIONS. General taxes for the year of closing, based on the most recent levy and the most recent assessment, and rents shall be prorated for the Fee Property to the Closing Date. The parties agree that any proration of real estate taxes is required under Section 39-3-111, C.R.S., as amended. Any sales, use and transfer tax that may accrue because of this transaction shall be paid by Purchaser. 16. CONDITION OF AND DAMAGE TO PROPERTY. The Property and Inclusions shall be conveyed in their present condition, ordinary wear and tear expected. In the event the Property shall be damaged by fire or other casualty prior to time of closing, Purchaser shall be entitled to credit for all the insurance proceeds paid or payable to the Seller resulting from such damage to the Property and Inclusions, not exceeding, however, the total Purchase Price. Should any Inclusion(s) or services(s) fail or be damaged between the effective date of this Contract and the Closing Date or the date of possession, whichever shall be earlier, then Seller shall be liable for an equivalent credit, less any insurance proceeds received by Purchaser covering such repair or replacement. P:\TETRA TEC I I,RM11C\C94 d I A\C94-I A\Russell\Contract to Buy and Sell REV 8-1 7-07.doc 11111111111 111111 111111II' I"I'll III 11111 111111E IIII �au io Buy and Sell Real 9sol17 3503482 09/11/2007 03:07P Weld County, CO of 39 R 196.00 D 0.00 Steve Moreno Clerk & Recorder 17. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) If Purchaser Is In Default: All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) If Seller Is In Default: In the event the Seller shall fail to consummate this Contract for any reason, except Purchasers default or termination of this Contract by Purchaser pursuant to the provisions hereof, Purchaser may enforce this Contract through an action for specific performance or damages against Seller. Seller acknowledges and agrees the subject of this agreement is unique and irreplaceable and damages would be a wholly inadequate remedy for Purchaser in the event of termination of this Contract by Seller. The Purchaser may also exercise its right of eminent domain to acquire the property if Purchaser fails to consummate this Contract. If the Purchaser elects to treat the Contract as terminated and thereafter files a condemnation lawsuit against the Seller to obtain possession of and title to the Property, or any part thereof, the Seller hereby agrees and stipulates that(a) there has been a failure of negotiations to acquire the Property, or any part thereof, and (b) the Purchaser may take possession of the Property, or any part thereof, upon paying a deposit into Court as set forth in CRS Section 38-1-105 (6)(a). It is further agreed by the parties hereto that in the event the Purchaser may exercise its right of eminent domain to acquire the Property as set forth above, Purchaser shall not be bound by the value stated in this Contract to Buy and Sell Real Estate for the Property. The Seller and the Purchaser agree that the terms and conditions in agreement set forth in this Section will survive a default by any party. (c) Costs And Expenses. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this Contract, the court shall award to the prevailing party all reasonable costs and expense, including attorney fees. 18. EARNEST MONEY DISPUTE. Notwithstanding any termination of this Contract, Purchaser and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by a third party or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, the third party or closing agent shall not be required to take any action but may await any proceeding, or at the third party's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 19. HAZARDOUS MATERIALS AND CONTAMINATION. To the best of Seller's knowledge and belief, the Property is not contaminated with any hazardous substance and Seller has not caused and will not cause, the release of any hazardous substance on the Property. P-ATETRA TECH,RMCAC94n I AAC94-I AARussellAContact to Buy and Sell REV 8-17-07.doc 111111111111 111111111111 Ili/ Ill 11111111 1111act to Buy and Sell Real Estate 3503482 09/11/2007 03:07P Weld County, CO Page 6 of 7 6 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder 20. SUBDIVISION OF REMAINING PROPERTY. In the event the Seller subdivides its remaining property surrounding the Property described herein, Seller agrees to incorporate the Fee Property as a lot with said subdivision, owned by the Purchaser. This provision shall survive closing of this Contract. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Purchaser and Seller acknowledge that it has been recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this Contract. 22. TERMINATION. In the event this Contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to section 18, Earnest Money Dispute. 23. BINDING ON SUCCESSORS. This Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. Seller is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and any applicable regulations promulgated thereunder. 24. NOTICE OF ACCEPTANCE/COUNTERPARTS. This document shall become a contract between Seller and Purchaser and shall become effective as of the date that the last party signs. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 25. RECORDATION OF CONTRACT. Purchaser may record this Contract in the Weld County public records. 25. ADDITIONAL PROVISION. It is hereby agreed between Purchaser and Seller that Purchaser will remove the concrete pad and metal posts and any other material associated with the pad and posts from the Sellers property and located near the water pipeline along the east property line. All items scheduled to be removed will be confirmed with Seller. PATETRA TECH,RMC\C9481 A\C94-IA\Russell\Contract to Buy and Sell REV 8-17-07 doc • •act to Buy and Sell Real Esiaie 11111111111111111111111111111111111111111111111111111 Page 7 of 7 3503482 09/11/2007 03:07P Weld County, CO 7 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder SELLER: MARGARET L RUSSELL • CZ AI argpfet 1. Russell STATE OF COLORADO ) :ss COUNTY OF WELD The foregoing Contract to Buy and Sell Real Estate was acknowledged before me in the County of Weld, State of Colorado, this 7'-'' day of 51-1S662-, 2007, by Margaret 1. Russell. My commission expires: 02.120/2010 WDless my 4.4nd tcial seal �P " ' - ,net pit-4%6(A �:apTARy'..t� Notary Public 'c aK 4. !)Enrol /fof. �9c/4c4 a,c0 TA(37 cn�• �` Address ?y) °UBUC:Qom\ PURCHASER: Longs Peak/Water District' L P\TT IRA TECH,RMCAC944 AVC94-I AARussellAContract to Buy and Sell REV 8-17-07.doc • • LEGAL DESCRIPTION (RUSSELL PROPERTY) EXHIBIT A FEE PROPERTY BY AND BETWEEN MARGARET .RUSSELL(GRANTOR)AND THE LONGS PEAK WATER DISTRICT(GRANTEE) FEE PROPERTY: A WATER STORAGE TANK SITE, ACROSS A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; { BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 7, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS SOUTH 87°35'28" WEST, A DISTANCE OF 2525.97 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 7, SOUTH 00°30'34" EAST, A DISTANCE OF 200.11 FEET; THENCE SOUTH 87°35'28" WEST, A DISTANCE OF 700.00 FEET; THENCE NORTH 02°24'32" WEST, A DISTANCE OF 200.00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE, NORTH 87°35'28" EAST, A DISTANCE OF 706.63 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 140, 664 SQUARE FEET OR 3.23 ACRES MORE OR LESS. 4 /2 zoo LEROY rd°a 1nsq'SG'94 y „ATE: FOR AN��.�•,l,), RAAY.� OFr TETRA T+rj ••.•. i r11�T '�AL...... p5 I 11111111111111111111111111111111111111 III 111111/1 1111 3503482 09/11/2007 03:07P Weld County, CO 8 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder I 8 a z ; omen 1 IncSHEET 1 OF2 TETRA TECH RHC, n . THIS EXHIBIT DOES NOT REPRESENT 8301 E.Prentice Ave_, Suite 101,Greenwood Village,CO.80111 A MONUMENTED SURVEY.IT IS ONLY TEL 303.741 6000 FAX 303 741.6106 INTENDED TO DEPICT THE ATTACHED i ---- DESCRIPTION. 8 JOB NO:0068_067_30 DATE 08113/07 REVISED EXHIBIT A (Page 2 ) II._ i (POINT OF COMMENCEMENT) ui ti 1 JESSE RODRIGUEZ NORTON BILLINGS TANK SITE POINT OF BEGINNING -w DOYLE LAVEROURE f PROPERTY PROPERTY CENTER'/,COWL.SEC.7,T.3N.,R.66W. I� PROPERTY I I I 30'UTILITY Iz 1 WEST) COR., NO#ff 'J4 EASEMENT SEC.7,TIN.,R68W. S.W (HOOGLAND) -_ NORTH NNE, N87"3S28"ET06.6T S-,SEC.7 i _t_\-___ ___ ___ I : 0 I I BASIS OF BEARING Po5ES873S28"VJ 2525.9Tn 68T•3s26"W 700M0' I I I 1 248-_ _ _ I II 240'x 240'LEASEI AGREEMENT I (US WEST) I 1 5i I-I I-10'WATERLINE I EASEMENT I I PI I i I COUNTY LINE ROAD I I I I I BERNARD A 8 CFERYL L I HOOGLAND PROPERTY MARGARET I.RUSSELL I I i PROPERTY I a 1 1 I I s North I I sIii; I I I I EAST ONE, r 1•_2, I S.W.X.,SEC.7 100'RESTRICTIVE I 0 100 200 EASEMENT I I y (HOOGLAND 3 I R g • 8 DI Y,SOLI ,con., I SEC.7.T.3N.,R68W. ei IIIIII I11111II'I1/2007 IIIIII 'I�II III Weld 11111, CO III VII SUMMITHOA PROPERTY •I3503482 BOLTON PROPERTYI g. 9 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder TETRA TECH RMC, inc. SHEET 202 $ THIS NUMEEXHIBIT ED S RVE .Of IS ONLY 8301E Prentice Ave_. Suite 101,Greenwood Village,CO.80111 AMONUMENTDO S NOT REPRESENT TEL 303.741.6000 FAX 303 741 6106 INTENDED TO DEPICT THE ATTACHED 3 DESCRIPTION. ._ 3_ JOB NO:0068_067_30 DATE 00113/7 REVISED • • LEGAL DESCRIPTION (RUSSELL PROPERTY) EXHIBIT B WATER LINE EASEMENT BY AND BETWEEN MARGARET I.RUSSELL(GRANTOR)AND THE LONGS PEAK WATER DISTRICT(GRANTEE) WATERLINE EASEMENT: A 30.00 FOOT WATER LINE EASEMENT ACROSS A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 7, WHENCE THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 BEARS SOUTH 00°30'34" EAST, A DISTANCE OF 1299.59 SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, SOUTH 00°30'34" EAST, A DISTANCE OF 200.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00°30'34" EAST, A DISTANCE OF 1099.48 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 7; THENCE SOUTH 88°15'50 WEST, A DISTANCE OF 30.01 FEET; THENCE NORTH 00°30'34" WEST, A DISTANCE OF 1099.13 FEET; THENCE NORTH 87°35'28" EAST, A DISTANCE OF 30.02 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 32,980 SQUARE FEET OR 0.757 ACRES MORE OR LESS. c.a�yV. 1O.OO(/C'\1,1 I /ile s� Cam;.",tB Z /7/- 2' t LEROY MAX AC' °tA3i�'69c13c, DATE a FOR AND ON Ba7 2e 4 F: ;. ; k TETRA TECH 1(11 l• • ,'_ e - x 5 K LAND 11111111111111111111111111111111111111 111 111111 111 111 3503482 09/11/2007 03:07P Weld County, CO 10 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder S a • TETRA TECH RMC, inc. SHEET oft M NuMEEXHIBITDOESRVE .FT IS ONLY 8301 E.Prentice Ave., Suite 101,Greenwood Village,CO.80111 A MONUMENTED SURVEY.R IS ONLY TEL 303.741.6000 FAX 303.741 6106 INTENDED TO DEPICT THE ATTACHED --- -- DESCRIPTION. t JOB Na 0068_067_30 DATE:08113107 REVISED EXHIBIT B ( Page 2 ) I w U I I I (POINT OF COMMENCEMENT) F z DOYLE LAVERDURE JESSE RODRIGUEL NORTON BIWNGS I CEN ER Y,COR,SEG 7,T.3N,R.68W. PROPERTY PROPERTY PROPERTY w wI; • 3O UTILITY NORTH LINE, 1 WESTY,,00R, EASEMENT S.W.Y,.SEC.7 1 E .7,T.3N.,R68W. ---_(HOOGLAND)� -- — — — — — _- NORTH LWE - ,SEC.7 .- 500'30'34"E L - - - - - PE- - - - - - - - - - - r — WATERLINE EMEN I 20Q11' 1 BASIS OF BEARING 1 1 1 I BEGINNING $0070'34"E 1299.59' I I N87'3S28'E I 10.0T I b I BERNARD A.&CHERYL N D PROPERTYE 1 IN I I I 240' ' 240'x 240'LFA.SF� AGREEMENT I ' I I (US WEST) b 1 ' I --I LFASEMER INE I / i I I. cow),LIN E ROAD s0 30'PROPOSED 5 0 WATERLINE EASEMENT i 3 MARGARET I.RUSSELL I PROPERTY I o < s s FLLw & I bso 3 North I g g I ii; I / f. I EAST LINE € 1°-2001 s.w.Y,,SEC.7 r 0 ... 100 200 1o0•RESTRICTIVE i EASEMENT ,.._.__ (HOOGLAND) R 8 • 0.01' 588'1550"4 SOUTH Ys CAR., a 7O"W 1 SEC.7,T.3N.,R6BW. es 1 g I 111111 Ill'II 111111 111111 1111 111111 11111 111 111111 11 1 1111 SUMMIT HOA PROPERTY�S •� BODAVID 8.LTON PROPER Y 3503482 09/11/2007 03:07P Weld County, CO • 11 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder i. R TETRA TECH RMIc.�, Inc. SHEET 20F2 THIS EXHIBIT DOES NOT REPRESENT 8301 E.Prentice Ave., Suite 101,Greenwood Village,CO.80111 A MONUMENTED SURVEY.IT IS ONLY 3 _ TEL 303.741.6000 FAX 303.741.6106 INTENDED TO DEPICT 1HE ATTACHED DESCRIPTION. I JOB NO:0068_067_30 DATE 08)13107 REVISED LEGAL DESCRIPTION (RUSSELL PROPERTY) EXHIBIT C ACCESS AND UTILITY EASEMENT BY AND BETWEEN MARGARET I.RUSSELL(GRANTOR)AND THE LONGS PEAK WATER DISTRICT(GRANTEE) ACCESS AND UTILITY EASEMENT: I A 30.00 FOOT ACCESS AND UTILITY EASEMENT ACROSS A PORTION OF THE SOUTHWEST QUARTER OF I SECTION 7, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; I COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 7, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS SOUTH 87°35'28" WEST, A DISTANCE OF 2525.97 FEET, SAID LINE FORMING I THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, SOUTH 87°35'28" WEST, A DISTANCE OF 706.63 FEET TO THE TRUE POINT OF BEGINNING; I THENCE SOUTH 02°24'32" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 87°35'28" WEST, A DISTANCE OF 1790.97 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY LINE ROAD; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 00°47'45" EAST, A DISTANCE OF 30.05 FEET TO SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 7; THENCE ALONG SAID NORTH LINE, NORTH 87°35'28" EAST, A DISTANCE OF 1789.29 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 53,704 SQUARE FEET OR 1.233 ACRES MORE OR LESS. LEROY M ACO 41SJSR1 A• '' y DATE: 8 FOR AND ON : I S14_3 .j= ¢ TETRA TECH I, c h4 ...... S a a Y E C t Z i S Y 111111 11111 111111 111111 1111 11111111111111 111111 III I"I x 3503482 09/11/2007 03:07P Weld County, CO 12 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder S iz a z $ S g .� TETRA TECH Iii"IC, inc, SHEET 1 OF2 THIS EXHIBIT DOES NOT REPRESENT 8301 E.Prentice Ave., Suite 101,Greenwood Village,CO.80111 A MONUMENTED SURVEY.IT IS ONLY TEL 303.741.6000 FAX 303.741.6106 INTENDED TO DEPICT THE ATTACHED I 2 DESCRIPTION. f, JOB NO'.0068_067 30 DATEO8113f07 REVISED 1111111 Mil 1111141 IIII I IIIII III 111111 III IIII 3503482 09/11/2007 03:07 eld County, CO • 13 of 39 R 196.00 D 0.00 teve Moreno Clerk& Recorder EXHIBIT c ( Page 2 ) I w� I I JESSE RODRIGUEZ I NORTON BILLINGS (POINT OF COMMENCEMENT) -31m DOYLELAVERDURE I CENTER Y.COR,SEC.7,T.3N.,R.68W. PROPERTY PROPERTY PROPERTY ,n �13 t I ACCESS EASEMENT NORTH LINE, I� I Ii WEST Y4 SEC.1,T.3NR 68W. BEGINNING., TRUE POINT OF S.W.Y.,SEC.7� NORTH LINE,_ SB7'3528'W 706.63' --_1_ SEC.7 30.05 u8P35'28"E 1789.29' _ _ _ _ - - . I - I,,,,,,, 53,706' -1.2D AC./ 1- - .-- - - 30'UTILITY-)_ - 5873S" 8"W 1190.9T S02"24'32'E EASEMENT I { 3000' I (HOOGIAND) I IN00"4T45"E I BASIS OF BEARING 1 I30.05' I 30'PROPOSED - 587%520'W 2525.9T I l it I ACCESS EASEMENT I I I I 1 Ii I I - - 240'_ _ J 100'RESTRICTIVE II J EASEMENT l t 1 240'M 240'LEASE (H�-ANO) I IIIAGREEMENT I 4 1 I (US WEST) g I—I1 10'WATERLINE I I EASEMENT I I s l I I:COUNTY L NE ROAD I 1• 1 i l , .1 I r.II I f I 1 3 E I `s MARGARET I.RUSSELL c BERNARD A.&CHERYL L 8 PROPERTY `T HOOGLANO PROPERTY g 5 Y 1 I e North I tkit I 1-- EAST LINE, I � I I S.W.Y.,SEC.7 1 - I 0 100 200 p 3R• 8 • SOUTH X6 COIL, e r I SEC.7,T 3N.,R68W. 2- SUMMIT PEAK ESTATES DAVID&SHERRY HOA PROPERTY BOLTON PROPERTY TETRA TECH RMC, Inc. SHEET 2 OF 2I: © THISEUMETDOESRVE .IT IS NL 8301 E.Prentice Ave., Suite 101,Greenwood Village,CO.80111 A MONUMENTDO S NOT REPRESENT SURVEY.IT ONLY I TEL 303.741.6000 FAX 303 741.6106 INTENDED TO DEPICT THE ATTACHED i .1 __-___ DESCRIPTION. St- 1 JOB NO.0068_O61 30 DATE 08/13107 REVISED 9 • EXHIBIT D • WATER TANK,ACCESS AND UTILITY EASEMENT TO LONGS PEAK WATER DISTRICT KNOW ALL MEN BY THESE PRESENTS: That MARGARET I.RUSSELL,whose address is 16882 Weld County Road I,Longmont,Colorado 80504("Grantor"), in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to the LONGS PEAK WATER DISTRICT, a Title 32 Special District and Political Subdivision of the State of Colorado, whose address is 9875 Vermillion Road, Longmont, Colorado 80504 ("District"), a water tank,access and utility easement for use by the District to construct an above ground water tank and including vehicular and pedestrian access and utilities to and from said above ground water tank,together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to,over,and under and across the tract of land as described on Exhibits A,B and C.. AND THE UNDERSIGNED, for itself and its successors and assigns, does hereby covenant and agree that no permanent structures or improvements shall be placed on said easement by the undersigned or its successors or assigns and that said use of such easement shall not otherwise be obstructed or interfered with. WITNESS OUR HAND (S)AND SEAL(S)this day of, 200_, GRANTOR: MARGARET I.RUSSELL STATE OF COLORADO )ss COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 200 , by Margaret I. Russell,Grantor. Witness my hand and official seal. My Commission expires: Notary Public HID 111111111111111111111111111111III 111111 1111111 3503482 09/11/2007 03:07P Weld County, CO 14 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder P:\TETRA TECH, RMC\C94e IA\C94-I A\Russel l\Exhibit D Watertank Access Easements-t-07.doe • EXHIBIT D • GRANTEE: LONGS PEAK WATER DISTRICT By: STATE OF COLORADO ) ss COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me by of Longs Peak Water District, on ,200= My commission expires Witness my hand and official seal. Notary Public MID 11111 1111111111 111111111 11111 III 111111 III IIII 3503482 09/11/2007 03:07P Weld County, CO 15 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder P ATETRA TECH. RMCAC94tt IAVC94-I AARussellAExhibit D Waiertank Access Easemcnt6-I-07.doc • EXHIBIT E • GRANT OF WATER PIPELINE EASEMENT TO LONGS PEAK WATER DISTRICT THIS AGREEMENT is made on , 200 between MARGARET I. RUSSELL (individually or collectively referred to as Grantor), and LONGS PEAK WATER DISTRICT, a Title 32 special district and political subdivision of the State of Colorado (District), whose legal address is 9875 Vermillion Road, Longmont, Colorado 80504-9738. For $10.00 (Ten and 00/100 Dollars) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor hereby grants to the District, and its successors and assigns, a permanent exclusive right (Easement) to occupy and use the real property situate in Weld County, State of Colorado, and more fully described on EXHIBIT A attached and incorporated herein by reference (Property) and to construct, lay, install, inspect, monitor, maintain, repair, renew, substitute, change the size of, replace, remove, operate and use one or more underground water pipelines, and all underground and surface appurtenances and facilities with respect to such pipelines,of such size and capacity as necessary or required by the District, in, through, over and across the Property, together with the right of ingress and egress over Grantor's adjacent real property for the purposes for which the above-mentioned rights are granted. In addition to the perpetual easement described above, Grantor grants to the Grantee a temporary easement (for purposes of construction only and to automatically expire upon completion and acceptance of the Liberty Gulch Improvement Project), 30 feet in width, immediately adjacent to the permanent easement described above, and which shall lie on the West side of the permanent easement as the requirements of construction dictate. The location of the aforementioned Temporary Easement is more fully described on EXHIBIT B, attached hereto. The Grantee, in consideration of the granting of such additional temporary construction easement, covenants and agrees to reimburse the Grantor for any damage, which may be caused to growing crops or lawns by reason of initial construction of the pipeline and appurtenant facilities. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The District shall have and may exercise the right of ingress and egress in, to, over, through and across the Property for any purpose needed for the full enjoyment of any other right of occupancy or use provided for in this Agreement. 2. Grantor shall neither cause nor permit the parking or storage of goods or equipment, or the construction or placement of any structure or building, street light, power pole, yard light, or the planting of any tree, woody plant or nursery stock, of any kind, within any part of the Easement. Where paved roadways are installed on all or any part of the surface of the Easement they shall be installed and maintained by Grantor on and over the entire width thereof, with no planters, islands or median structures. Any prohibited use or installation located on the Easement as of or after the date of this 11111111111111111111111111111 11111 III 1111111 II 1111 3503482 09/11/2007 03:07P Weld County, CO 22 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • w of Water Pt petIne Easement Page 2 of 4 Agreement, including installations not conforming to Paragraph 7 below, may be removed by the District at Grantor's expense without liability to it for damages arising there from. 3. Fences existing as of the date hereof of this Agreement that are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their original condition as nearly as may reasonably be done. Grantor shall not, however, construct or install new fencing across or within the Easement without the advance written consent of the District, such consent shall not be unreasonably withheld. 4. All water pipelines installed within the Easement shall be laid not less than three feet below the surface of the adjacent ground. 5. The District shall have and may exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights granted in this Agreement. Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for any water pipelines or appurtenances or cause the earth cover over any water pipeline within the Easement to be less than four feet or more than eight feet, measured vertically from the top of the pipeline. Grantor shall not modify the earth cover over a District pipeline without advance written authorization from the District, which authorization shall provide for full payment or reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. 6. After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground, including paving and authorized appurtenances, as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate District facilities. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of one year following disturbance of the surface of the Property by the District, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. Seeding or sod replacement will be completed by the District as soon as is practical after completion of the installation and grading. 7. Service lines from adjacent properties receiving service from District facilities in the Easement, and other public utilities such as water, storm sewer, gas, electric, telephone, data transmission, communication, and cable television lines may be installed in the Property only with the District's written authorization, and on the condition that they do not interfere with the District's rights herein granted. Public utilities which cross the Property shall cross District's facilities at approximately right angles and maintain a minimum vertical clearance from District facilities of two feet, and utilities which parallel the District's facilities shall not be located closer than five feet thereto. Except for utilities as authorized in this Agreement and for roadways, all surface 1 111111 11111 111111 111111 1111 111111 11111 111 1111111 11 1111 3503482 09/11/2007 03:07P Weld County, CO u\Exh,htt E Grant of Water Rpenne Easement s-rL07 doe 23 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • •ant of Water Pipeline Easement Page 3 of and subsurface uses of the Property, including fences, trails, bike paths, etc., must be approved in writing by the District before installation. 8. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with, and do not impair, any grant or covenant contained in this Agreement. 9. The District is acquiring its rights in the Property in order to ensure to it a dominant easement for the exercise of the District's functions. The District may permit and authorize such other uses of the Easement not reserved by Grantor as will not impair the District's dominant rights, upon payment of reasonable compensation to the District and upon such terms, limitations and conditions as the District shall find reasonably necessary to protect its dominant right of occupancy without undue or unnecessary injury to or impairment of the estate retained by the Grantor. 10. If the District, by written instrument, releases its rights as granted in this Agreement and ceases to use the same, all right, title and interest of the District hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property, as the same may then be, free from the rights so released and shall own all material and structures of the District so released, but nothing in this Agreement shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the District at the time of the termination of the District's rights. 11. Grantor warrants that it has full right and lawful authority to make the grant contained in this Agreement, and promises and agrees to defend the District in the exercise of its rights hereunder against any defect in title or in Grantor's right to make said grant, subject to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitations, restrictions and reservations contained in instruments of record prior to the date this Agreement is recorded. The District, may in its sole discretion,require Grantor to obtain such other releases, consents, permits and grants from those persons and entities having such prior recorded interests, including mortgage holders and beneficiaries of deeds of trust. 12. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties to this Agreement. 13. This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. 14. This Agreement shall constitute a covenant running with the land for the benefit of the District, and its successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. P-.\ 111111 11111 111111 111111 IIII 11111111111 III 1111111111111 milt 5-17-07 doc 3503482 09/11/2007 03:07P Weld County, CO 24 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • •nt at Water Pipeline Easement Page 4 of 4 GRANTOR: MARGARET I. RUSSELL Margaret 1. Russell STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me by Margaret 1. Russell, Grantor, on , 200 . My commission expires: Witness my hand and official seat Notary Public GRANTEE: LONGS PEAK WATER DISTRICT By: STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me by of Longs Peak Water District, on , 200 . My commission expires: Witness my hand and official seal. Notary Public lilt 3503482 09/11/2007 03:07P Weld County, CO 25 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder P-ATETRA TECH,RMCAC94t11 AAC94-I AARussellAExhibit E Grant of Water Pipeline Easement 5-17-07 doc • EXHIBIT F • ACCESS AND UTILITY EASEMENT TO LONGS PEAK WATER DISTRICT KNOW ALL MIEN BY THESE PRESENTS: That MARGARET I.RUSSELL,whose address is 16882 Weld County Road 1,Longmont,Colorado 80504("Grantor"),in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to the LONGS PEAK WATER DISTRICT, a Title 32 Special District and Political Subdivision of the State of Colorado, whose address is 9875 Vermillion Road, Longmont, Colorado 80504 ("District"), an Access and Utility Easement for use by the District to provide vehicular and pedestrian access and utilities to an existing water tank site,together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to,over,and under and across the tract of land as described on Exhibit A. AND THE UNDERSIGNED, for itself and its successors and assigns, does hereby covenant and agree that no permanent structures or improvements shall be placed on said easement by the undersigned or its successors or assigns and that said use of such easement shall not otherwise be obstructed or interfered with. WITNESS OUR HAND (S)AND SEAL (S)this day of , 200 . GRANTOR: MARGARET I. RUSSELL STATE OF COLORADO )ss COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 200 , by Margaret 1. Russell,_Grantor. Witness my hand and official seal. My Commission expires: Notary Public Accepted by Longs Peak Water District on the day of , 200f City Clerk Approved as to Form: HBO 11111 111111111111 111111111111111 I I I I I I 111111 11111I III l t 3503482 09/11/2007 03:07P Weld County, CO Assistant City Attorney 30 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder P.ATETRA TECH, RMCAC9441AAC94-I AARussellAExhibit F Access Easement 5-17-07.doc BO 1111111111111 IIII 11111111111 III 11// 1111 IIII • 3503483 09/11/2007 03:07P Weld County, CO 1 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder WATER TANK,ACCESS AND UTILITY EASEMENT TO LONGS PEAK WATER DISTRICT KNOW ALL MEN BY THESE PRESENTS: That MARGARET I.RUSSELL,whose address is 16882 Weld County Road 1, Longmont,Colorado 80504("Grantor"),in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to the LONGS PEAK WATER DISTRICT, a Title 32 Special District and Political Subdivision of the State of Colorado, whose address is 9875 Vermillion Road, Longmont, Colorado 80504("District"),a water tank,access and utility easement for use by the District to construct an above ground water tank and including vehicular and pedestrian access and utilities to and from said above ground water tank,together with all rights and privileges as arc necessary or incidental to the reasonable and proper use of such easement in and to,over,and under and across the tract of land as described on Exhibits A,B and C.. AND THE UNDERSIGNED, for itself and its successors and assigns, does hereby covenant and agree that no permanent structures or improvements shall be placed on said easement by the undersigned or its successors or assigns and that said use of such easement shall not otherwise be obstructed or interfered with. WITNESS OUR HAND(S)AND SEAL(S)this 7�—` day of, 2007. GRANTOR: MARGARET I.RUSSELL Y 44 tX . ,A S STATE OF COLORADO )ss COUNTY OF WELD 'b The foregoing instrument was acknowledged before me this? day of 5602i11072—, 200 7• , by Margaret I. Russell,-Grantor. Witness my hand and official seal. v(:)iA n A. ��i, My C tsston expires: Oz 20/20/0 O TA �J : r`O R y:• �� Notary Public =�'• p �. 0F.G0\ tNnnnnuttt`N W\TETRA TECH.RMC\C944 IA\C94-IA\Russel l\Watertank Access Easement6-I-07.doc 111111 IIIII 111111 IIIIIII 11111 III Iliil 3503483 09/11/2007 03:07P Weld County, CO III"I 2 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder GRANTEE: LONGS PEAK WATER DISTRICT By: , n r\\ STATE OF COLORADO ) ss COUNTY OF BOULDER The foregoing instrument was acknflwledged before me by ��Prg 7)1 of of Longs Peak Water District, on i /0 , 2001 // . My commission expires 7 l/b O /u Witness my hand and official seal. ""t otem% P&blic AT a C t fl fti m o r- 4 ' ran ,O `e .- . P:\TETRA TECH.RMC\C94#I A\C94-I A\Russell\W atenank Access Easemcnt6-I-07 doc • DEPORTMENT OF PLANNING SERVICES rs tsa NORTH OFFICE 918 10TH Street GREELEY, CO 83541631 PHONE: (970)353-61010 0, Ext. 3540 FAX: (970) 304-6498 COLORADO October 31, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1637 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,January 15,2008, at 1:30 p.m., in the Hearing Room, Southwest Weld County Planning Department,4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Margaret Russell / Longs Peak Water District FOR: A Site Specific Development Plan and Special Use Permit for Major Facilities of Public Utilities or Public Agencies. LEGAL DESCRIPTION: Part of Lot B of RE-3784; being part of the SW4 of Section 7, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: 1/2 mile north of CR 34 and east of and adjacent to CR 1. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Roger Caruso, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. ! ! SURROUNDING PROPERTY OWNERS FRANK WILLEMS AND/OR 16126 SUMMIT PEAKS DR SUBSURFACE ESTATE/INTEREST OWNERS LONGMONT CO 80504-9683 USR-1637 MINERAL INTEREST OWNERS SURFACE ESTATE LAND OWNERS ANADARKO E&P COMPANY LP ATTN: MANAGER LAND, WESTERN DIVISION NORTON BILLINGS PO BOX 9149 1945 SPRUCE AV THE WOODLANDS TX 77387-9147 LONGMONT CO 80501 ANADARKO LAND CORP SHERRY BOLTON ATTN: MGR. PROPERTY& ROW 16245 CR 3 PO BOX 9149 BERTHOUD CO 80513 THE WOODLANDS TX 77387-9147 NORBERTO CRUZ UNIOIL, INC 16772 CR 1 C/O PETROLEUM DEVELOPMENT CORP LONGMONT CO 80504-9618 1775 SHERMAN ST, STE 3000 DENVER CO 80203 RACHEL ELLINS 16127 SUMMIT PEAKS LONGMONT CO 80504-9683 CERTIFICATE OF MAILING SCOTT GREEN I hereby certify that I have placed a true and 16128 SUMMIT PEAKS DR correct copy of the surrounding property owners LONGMONT CO 80504 and owners and lessees of minerals in accordance with the notification requirements of BERNARD &CHERYL HOOGLAND Weld County in Case Number USR-1637 in the 335 CR 34 United States Mail, postage prepaid First Class LONGMONT CO 80504-9767 Mail by letter as addressed on the attached list this 30`" day of October, 2007 LARRY KAYLOR 16121 SUMMIT VIEW CT LONGMONT CO 80504-9671 Dated the 30'"day of October, 2007. DOYLE LAVERDURE 14463 CHERRY ST BRIGHTON CO 80602 ,•n, BECKY MOORE Kristine Ranslem 16129 SUMMIT PEAKS DR Recording Secretary for Planning Commission LONGMONT CO 80504 DAVID PEINE 16122 SUMMIT PEAKS DR LONGMONT CO 80504 JESSE RODRIGUEZ 1078 S COFFMAN ST LONGMONT CO 80501 STEPHANIE STONE 16882 CR 1 LONGMONT CO 80504 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: L-d-r b o QE - 3 7& �t-tL SSA of SEcTion1 7) Tc-1c,.1/v _ RANGE Cog? JJ -_ Parcel Number I a O 7 - 7 - -© CD - O 4 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld,co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn,states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the ' County Assessor of the owners'of property(the surface estate)within five hundred(500)feet of the property being considered. This list was compiled from the records of the County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. By: Title: ?i20--se_ pM k /1,/TIC-,E f The foregoing instrument was subscribed and sworn to me this I q day of 00_40_1;112/1, 001 WITNESS my hand and official seal. ` .l My Commission Expires: - l T_vq_ i'w \��I�I 1 l ' j fZ., 'r H e� r, % ic #FC -13- AFFIDAVIT OF INTERESTLAND OWNERS Page 1 oft AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120707300042 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor wa assembled within thirty days of the application's submission date. (4ZI e'K/V1 Signature C)\ Date Property Owners Within 500 ft. of Parcel# 120707300042 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 1945 SPRUCE AV BILLINGS NORTON A 120707000002 LONGMONT,CO 80501 BOLTON SHERRY & 16245 COUNTY RD 3 120707400038 Additional Owners: BERTHOUD,CO 80513 BOLTON DAVID W CRUZ NORBERTO & 16772 COUNTY ROAD 1 Additional Owners: LONGMONT,CO 80504- 120707300036 CRUZ RITA E 9618 16127 SUMMIT PEAKS ELLINS RACHEL S LONGMONT,CO 80504- 120707301004 9683 GREEN SCOTT H & 16128 SUMMIT PEAKS DR 120707301006 Additional Owners: GREEN KATHY A LONGMONT,CO 80504 335 CR 34 HOOGLAND BERNARD A & CHERYL L 120707400041 TRUSTEES LONGMONT,CO 80504- 9767 KAYLOR LARRY C 16121 SUMMIT VIEW CT 120707301012 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120707300042&P... 10/17/2007 AFFIDAVIT OF INTEREST•LAND OWNERS Page 2 of 2 LONGMONT,CO 80504- 9671 14463 CHERRY ST LAVERDURE DOYLE 120707000003 BRIGHTON,CO 80602 MOORE BECKY E & 16129 SUMMIT PEAKS DR 120707301005 Additional Owners: JONES JOAN M LONGMONT,CO 80504 PEINE DAVID J & 16122 SUMMIT PEAKS DR 120707301008 Additional Owners: PEINE AIMEE M LONGMONT,CO 80504 RODRIGUEZ JESSE & 1078 S COFFMAN ST 120707000052 Additional Owners: JACKES LLC LONGMONT,CO 80501 STONE STEPHANIE K& 16882 COUNTY RD 1 120707300041 Additional Owners: STONE JOHN W LONGMONT,CO 80504 WILLEMS FRANK D & 16126 SUMMIT PEAKS DR 120707301007 Additional Owners: WILLEMS DONNA J LONGMONT,CO 80504- 9683 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120707300042&P... 10/17/2007 Boulder County • Page 1 of 1 Boulder County Wed Oct 17 14:02:16 MDT 2007 Buffer Distance: 500 Feet Parcel No. Owner Location Mailing Dunlevy Helen 14389E 14389 E 120512001004 Carson& Rick County Line County Line Rd Longmont CO 80504 Howard Rd 14255 E 14255E 80501- 120512001002 Foos Steven Lee County Line County Line Rd Longmont CO 9323 Rd Foos Steven Lee E 'mu"' Schescke 14255 E 80501- 120512001005 & Rick G Carlson Line Rd Anthony & County Longmont CO 9323 &Tim E Gail Whayne Line Rd Foos Steven Lee 14367E & Tim E 14255E 80501- 120512001003 Und 1/2 Int& County Line Scheske Ea County Longmont CO 9323 Rick G Car Rd Und 1/4 Line Rd http://map.co.boulder.co.us:8080/basemap/assessor?servletRequestType=buffer 10/17/2007 • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Russell) Subject Property: Township 3 North, Range 68 West, 6th P.M., Weld County, CO Sec. 7: Lot B of Recorded Exemption No. 1207-07-7-RE3784, being a part of the SWY Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through September 20, 2007. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 28th day of September, 2007. Crews & Zeren, LLC 4- By: ws, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko E&P Company LP Unioil, Inc. Attn: Manager Land, Western Division do Petroleum Development Corp. P.O. Box 9149 1775 Sherman Street, Suite 3000 The Woodlands, TX 77387-9147 Denver, CO 80203 Anadarko Land Corp. Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Crews eh'Zeren,LLC Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(303)484-2110 . • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews")and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews &Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). Crews e1 Zeren,LLC Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 fax(303)484-2110 Petroleum Development Corporation li, Weld County Planning Department January 3, 2008 GREELEY OFFICE JAN 0 4 Via U.S. Mail Tetra Tech RECEIVED 1900 S Sunset Street, Suite I-F Longmont, CO 80501 Attn: Lauren Light, Project Manager/Senior Planner Re: Township 3 North, Range 68 West of the 6`h P.M. Southwest Quarter of Section 7 County of Weld, State of Colorado To Whom It May Concern: Petroleum Development Corporation, a Nevada corporation, through its wholly owned subsidiary Wattenberg Acquisition Corporation, a Nevada corporation, whom merged with Unioil effective December 7, 2006, ("PDC/Unioil") has oil and gas interests in the above-captioned lands (the "Property"). The purpose of this letter is to inform you of the mineral property rights of PDC/Unioil. Under PDC/Unioil's oil and gas leases (the "Lease") covering the Property, PDC/Unioil has the right to conduct oil and gas operations in and around existing well site locations. Furthermore, PDC/Unioil has the right to locate additional drillsites on the Property for future oil and gas development. PDC/Unioil is willing to work with the developer to complete a surface use agreement that adequately accommodates the oil and gas leasehold rights of PDC/Unioil. We request that you include this notice letter with your file on the above-captioned matter for purposes of the hearing January 8, 2008. Sincerely, Petroleum Development Corporation 4 James ' Wa n ' - or of Land Cc: Weld County Planning Department CORPORATE OFFICE: DENVER OFFICE: EVANS OFFICE: Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation 120 Genesis Boulevard • P.O. Box 26 1775 Sherman Street,Suite 3000 3801 Carson Avenue Bridgeport,WV 26330 Denver,CO 80203 Evans, CO 80620 304-842-3597 303-860-5800 970-506-9272 0 0 Ncn 00;4544 0044544 00£45v4 00Z4544 OOlhS44 0004544 O O y- • NM F: ^, (N 4/ a &� = cn a *se 't . g ,M ... �. a • r.:. p # j pro •� 1� —� .S x z —j � ��$ 2. mfr / ' ( { ek 1 _h i O L: at^ ! �J _ _ f^ '7 _ mw., — i ro I 2) 1 ; , / 8 •• '' $ to cn �' - - • • L 000 V3 • r7 11 C o w O `� / .. co 8 co Lo a.) rn Y `4 J OCn Oc CIS '- t N O o .. •• >-.0) o U s i. . 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Q0 ii ° o N m d v = a N ° u OY m @ t ° Q � m C I; to o c o `° N Co mm 'm 0 > q c_ m_ `v o m `m m C a o ° E `co E a CO ° 0 0 0 0 U' 5 55 2 a CC N N CO N N N N CO O O O 0, co 0 re La oo u D ® X ♦ x : ® < 1 k OO OO > + , III O F $ UI O A c =• � S N m O 0 , C < in Z U 0 �I� • • Soil Map—Weld County,Colorado,Southern Part Longs Peak Water Tank Map Unit Legend Weld County,Colorado,Southern Part(CO618) Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOl 17 Colby loam,5 to 9 percent 4.5 12.8% slopes 42 Nunn clay loam, 1 to 3 percent 9.1 25.7% slopes 82 Wley-Colby complex, 1 to 3 15.6 44.1% percent slopes 83 Wiley-Colby complex,3 to 5 6.2 17.4% percent slopes Totals for Area of Interest(AOI) 35.3 100.0% uSDA Natural Resources Web Soil Survey 2.0 9/28/2007 Conservation Service National Cooperative Soil Survey Page 3 of 3 Hello