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Home My WebLink About20100415.tiff � � TST, INC. TRANSMITTAL Consulting Engineers 748 Whalers Way � Building D • Fort Collins, CO 80525 (970) 226-0557 • Fax (970) 226-0204 To: Ms. Michelle Martin Project No: 0668.0000.00 Weld County Planning Dept. Project: At-Grade WaterTank 4209 Weld County Road 24 Yz Date: 4/30/07 Longmont, CO 80504 Re: Mylars We transmit: X� Herewith � Under Separate Cover � VIA � Shop Drawings ❑ Specifications ❑ Change Order � Other Original Mylars a Copy of Letter � Prints � Survey � Field Order NO. COPIES DRAWINGS NO. DESCRIPTION 1 1 USR 1555 1 1 USR 776 Partial Vacation 1 1 SE 1 080 1 43 recordin fee REMARKS: IF ENCLOSURES RECEIVED ARE NOT AS LISTED ABOVE, KINDLY NOTIFY AT ONCE COPIES TO: Notebook BY Todd G. Rand, P.E. TSTInc. 2010-0415 t'�L o2��"=� � � Page 1 of 2 Michelle Martin __ _ __ From: Todd Rand [trand@tstinc.com] Sent: Thursday, April 26, 2007 8:44 AM To: Michelle Martin Cc: Don Taranto; Kevin Ash Subject: FW: Articles of Incorporation, Jacor Broadcasting of Colorado, Inc. Todd Rand, P.E. TST, Inc. Consulting Engineers 748 Whalers Way, Bldg. D Fort Collins, CO 80525 www tstinc.com From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Thursday, April 26, 2007 8:41 AM To: Todd Rand Subject: FW: Articles of Incorporation, Jacor Broadcasting of Colorado, Inc. Taken care of. From: Bruce Barker Sent: Thursday, April 26, 2007 8:19 AM To: 'Davis, Steve - SVP' Cc: kkarber@hollandhart.com; jacklambiotte@clearcahnnel.com; Lambiotte, Jack Subject: RE: Articles of Incorporation, Jacor Broadcasting of Colorado, Inc. Thanks. This is exactly what we need. I will forward it to the Weld County Department of Planning Services. Bruce Barker Weld County Attorney From: Davis, Steve - SVP [mailto:5teveDavis@clearchannel.com] Sent: Thursday, April 26, 2007 6:45 AM To: Bruce Barker Cc: kkarber@hollandhart.com; jacklambiotte@clearcahnnel.com; Lambiotte, Jack Subject: Articles of Incorporation, Jacor Broadcasting of Colorado, Inc. To whom it may concem: I am the Senior Vice Presidenf, Engineering for Jacor Broadcasting of Colorado, Ina (``JBCI"). JBCI is a wholly owned subsidiary of Clear Channel Radio, Inc., of which I am also Senior Vice President, Engineering. Lee Larsen is an officer of JBCI and has authority to perform official actions on behalf of JBCI and all subsidiaries thereto, including but not limited to the ability to bind JBCI in matters of land, property, real estate and title. Respectfully, 04/30/2007 � � � Page 2 of 2 Stephen G. "Steve" Davis� Senior Vice President, Englneering Jacor Broadcasting of Colorado. Inc. Clear Channel Radio, inc. SteveDavis@ClearchenneLcom (�18)380-5211 —Voice (918)664-3066—Fax 2625 S. Memorial Drive.5uite A Ti�1sa.OK 74129 04/30/2007 � � Michelle Martin From: Bruce Barker Sent: Wednesday, April 25, 2007 11:54 AM To: Kent Karber; Todd Rand ��: jacklambiotte@clearchannel.com; Michelle Martin; Don Taranto Subject: RE: Articles of Incorporation Todd and Kent: I have received your e-mails. Al1 I ask is that we get some documentation that we can put in the file saying that Lee Larson has authority to sign on behalf of Jacor in his official capacity. An e-mail to that effect would do. Bruce. ----0riginal Message---- From: Kent Karber [mailto:KKarber�hollandhart.com] Sent: Wednesday, April 25, 2007 11:29 AM To: Todd Rand Cc: jacklambiotte�clearchannel.com; Michelle Martin; Don Taranto; Bruce Barker Subject: RE: Articles of Incorporation Todd, We don't need to have a conference call. I just need to get what ever documents the county needs to have signed. Thanks Kent ----Original Message--- From: Todd Rand [mailto:trand�tstinc.com] Sent: Wednesday, April 25, 2007 11:27 AM To: Kent Karber Cc: jacklambiotte@clearchannel.com; Michelle Martin; Don Taranto; bbarker�co.weld.co.us Subject : RE: Articles of Incorporation Kent, I believe the best way to resolve this is for me to set up a conference call with Bruce Barker. My availability this week is very flexible. If you would let Bruce and I know your schedule Bruce can let us know what time works with his and I will initiate the call. Thank you, Todd Rand, P.E. TST, Inc. Consulting Engineers 746 Whalers Way, Bldg. D Fort Collins, CO 80525 www.tstinc.com � -----0riginal Message---- From: Kent Karber (mailto:KKarber@hollandhart.com] Sent: Wednesday, April 25, 2007 10:34 AM To: Todd Rand Cc: jacklambiotte@clearchannel.com; Michelle Martin; Don Taranto Subject: RE: Articles of Incorporation TOdd, Z needed to know this a while back. This has never been mentioned it in a dozen or so e- mails and a couple of phone conversations. I need to know exactly what the county needs for this document: if they need a board resolution authorizing Lee to sign this plat it will be months before that arrives. I would note that the town did not have the same 1 � � requireme�t to buy the property . KK -----Original Message---- From: Todd Rand [mailto:trand@tstinc.com] Sent: Wednesday, April 25, 2007 10:24 AM To: Kent Karber Cc: jacklambiotte@clearchannel.com; Michelle Martin; Don Taranto Subject: RE: Articles of Incorporation Kent, Michelle and Weld Co attorney Bruce Barker are still requiring notarized documentation that as an officer of Jacor Lee can sign these documents. . Todd Rand, P.E. TST, Inc. Consulting Engineers 748 Whalers Way, Bldg. D Fort Collins, CO 80525 www.tstinc.com --—-Original Message-—— From: Kent Karber [mailto:KKarber@hollandhart.com] Sent: Tuesday, April 24, 2007 10 :27 AM To: Michelle Martin Cc: Todd Rand; jacklambiotte�clearchannel.com Subject: Articles of Incorporation Michelle, Here are the Articles of Merger that show the transition between Tsunami and Jacor. Clear Channel, which is the parent company, does not require a resolution on a matter this small, therefore there is not one. Lee Larsen is the Regional Vice President of Clear Channel and officer of Jacor. . Shortcut to: http://www.sos.state.co.us/biz/ViewZmage.do;jsessionid=0O00M Vs8tcr8xQfH pqYzKFlgCc:llnm17ad1?masterFileId=19871722036&fileId=20021056813 2 Page 1 of 1 • • Michelle Martin From: Michelle Martin Sent: Tuesday,April 24, 2007 7:36 AM To: 'Todd Rand' Cc: 'Kent Karber' Hi Todd, When you submit the mylars for USR-1555, SE-1080 and the partial vacation of USR-776 please remember to bring the article of corporation or notarized evidence indicating that the person signing the document has the authority to sign on all land use matters for Jacor Broadcasting of Colorado Inc. Let me know if you have any other questions. .��l� �� Planner II 4209 CR 24.5 Longmont, CO 80504 m marti n @co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 04/24/2007 � ,�} � DE�TMENT OF PLANNING SERVICES � � Southwest Weld County Services Building � �� 4209 CR 24.5 Longmont CO 80504 Phone(720)652.4210,6ct.8730 Fax (720) 652.4211 �* coLaRA�o P,pri� ,2,2�0� Todd Rand, P.E. TST Inc,Consulting Engineers 748 Whalers Way, Bldg D Fort Collins CO 80525 Dear Mr. Rand: As part of the construction of two 1.5 millio�gallon water storage tanks,the Town of Firestone has leased parcels of property from Jacor Broadcasting of Colorado, Inc. consisting of 2.43 acres of land which, as of the date hereof, is part of that property and improvements subject to Weld County USR-776, as approved by the Board of County Commissioners on July 8, 1987. The Town of Firestone and Jacor Broadcasting of Colorado, Inc. have requested that the 2.43 acres depicted on the Partial Vacation of USR-776 as Area B (comprising 1.14 acres) and Area C (comprising 129 acres) be vacated from USR-776. The acreage being vacated out of USR-776 shall be incorporated into USR-1555 for 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. The only changes (other than the removal and vacation of the 2.43 acres)being made to USR 776 is to change the acreage from 48.00 acres to 45.57 acres by the vacation of Area B of 1.14 acres and Area C of 129 acres with the remaining 45.57 acres described as Area A. All other terms and conditions shall remain in effect Sincer `i��l// G Mich le Martin Planner II � y Page 1 of 2 � • Michelle Martin From: Bruce Barker Sent: Wednesday, April 11, 2007 2:23 PM To: Michelle Martin Subject: RE: County Letter I think you should make that modification and put it in the form of a letter. As I remember, we suggested to Karber that a letter in the file would do. This appears to correctly state the situation, with that one exception. Bruce. From: Michelle Martin Sent: Wednesday, April 11, 2007 2:09 PM To: Bruce Barker Subject: FW: County Letter Hi Bruce, A long time ago you and I spoke the attorney Kent Karber regarding the partial vacation of AMUSR- 776 and USR-1555. They have requested the county sign the attached letter. How would you like me to proceed? The letters and documentation that I have supplied Mr. Karber does not appear to satisfy his concerns therefore he would like me to sign the attached letter. One of the concerns I have with the letter is tbe Town of Firestone has not acquired the land they are only leasing it from 7acor Broadcasting at this time. If you need further clarification on this case please let me know. ��,� �� Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Todd Rand [mailto:trand@tstinc.com] Sent: Tuesday, April 10, 2007 2:12 PM To: Michelle Martin Cc: Kevin Ash; Don Taranto Subject: FW: County Letter Michelle, Attached is what Kent and I have worded in order for his client to sign the mylar. Please let me know if you have any issues with the wording. Thank you, Todd Rand, P.E. TST, Inc. Consulting Engineers 748 Whalers Way, Bldg. D Fort Collins, CO 80525 www.tstinc.com 04/1 ll2007 � � Page 2 of 2 , • • From: Kent Karber [mailto:KKarber@hollandhart.com] Sent: Tuesday, April 10, 2007 2:03 PM To: Todd Rand Cc: Kevin Ash; Don Taranto; jacklambiotte@clearchannel.com; Dawn Cartellone Subject: County Letter Here is the letter we need for the County to sign and give us . It should not be a problem as it follows our understanding of the project . Thanks S. Kent Karber Partner Holland & Hart LLP 90 S. Cascade Ave, Suite 1000 Colorado Springs, CO 80903 Phone (719) 475-64Z2 Fax (719) 634-2461 E-mail: kkarber@hollandhart.com _—_ ._ � CONFIDENTIALITY NOTICE:This message is confdential and may be privileged.If you believe that lhis email has been sent to you in error,please reply to the sender that you received the mes�ge in erra;then please delete this e-maiL Thank yoa . 04/11/2007 � � 'TST� INC. CONSULTING EN6INEERS ..;_ . . . . . .. TO: Michelle Martin, Weld County Planning FROM: Todd Rand, TST Inc. Consulting Engineers � ' DATE: 4/5/07 SUBJECT: USR#776 Partial Vacation PROJECT No.: 0668.0128.01 TST, Inc. Consulting Engineers has spoken to the attorney for Clear Channel, Kent Karber about the above referenced project. As you know Mr. Karber has objections to his client signing USR #776 Partial Vacation which he feels exposes his client to conditions imposed with the original USR 776. We are all in agreement that USR #776 Partial Vacation is solely to break out the two areas, Area B and Area C for purchase by the Town of Firestone to construct water tanks on. The tanks will be permitted by a separate USR. Mr. Karber desires a letter from you stating that USR # 776 Partial Vacation revises USR 776, as approved and signed by the Board of County Commissioners on August 26, 1987, to change the acreage from 48.00 acres to 45.57 acres by the vacation of Area B of 1.14 acres and Area C of 1.29 acres with the remaining 45.57 acres described as Area A. - � � FAX TRANSMISSION �� Southwest Weld County Department of Planning Services W��D�. 4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 COLORADO Phone: 720-652-4210, ext. 8730 To: �Prti � ��-�� Date: �Z �� Fax: 7iC�- (o3 �f- ZQfv/ Pages: '7 / Phoue: From: �,Ci�i.��f /�anL��i✓ Subject: (>��[ _ 77�, COIVIMENTS: CONFIDENTIAL This facsimile is intended onlv for the use of the individual or entitv to which it is addressed and ma�contain information that is �rivileged confidential and exemnt from disclosure under at�nlicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent resporisible for delivering the facsimile to the intended recipient, you aee liereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us irrunediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. � Page 1 of 1 � Michelle Martin From: Todd Rand [trand@tstinc.com] Sent: Monday, January 15, 2007 8:55 AM To: Bruce Barker Cc: Michelle Martin; Dave Lindsay Subject: USR-772 Partial Vacation Attachments: Holland & Hart.pdf Bruce, Attached are the comments from Kent Karber, attorney for Clear Channel Communications with whom you have spoken about the Town of Firestone's USR-772 Partial Vacation for the 1.5 million gal water tank. I am not aware if you had received a copy of these comments so I have attached them for your review. Would you please review these comments and let me know if you have any issues with these changes being made to the USR-776 Partial Vacation. Thank you, Todd Rand, P.E. TST, Inc. Consultirig Engineers 748 Whalers Way, Bldg. D Fort Collins, CO 80525 970.226.0557 phone 970.226.0204 fax 303.595.9103 metro www.tstinc.com_ Ol/17/2007 ..,i.,: ( �fLit ��, h i�i'.' ` 1 � 1 ti;:� ( : i`i� . t1:$,(�'.'. : , .J'''r ��fi:f , �" /�y ( ( �,(7- �( p �t S. Kent Karber !.�<.ILI..�SYL.J�I. I.r`1.IlT.. ` Phort� ��a�5-t�:.�>> i, r , . ,. .. � . .:,�'��-..:.,;� Pax1bJ), 7.°3�46S� 'X,4$ P[: Jln(`OIR�t�GT� r.iil'.1U1'�; �'`r,Jii(I;t � 1-1 'i`1',LE;t'A� TI2A�iSRi[5ti1O'� 9'(I-?26-02t}� 14r :c>dd Rand . �1;4T, Ino. ('s>n.=ulting E.nvinc;:c; ?�}�`. ��'lt'rl�i'IS ��'a�', }:)it7�.. �) i:01`�(.O�UIIi}}. (��1 \0'�.�'.`-?4:47 R�; C"lear t;liannel �l'or��rr of I�irestanr i)r:;r �1r. 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I�.�i�t,r;'T S F..K.'.�;}5 i'.c.� Ja.c:k L�i'.'[11�r!tltir )!.i�s.::',7 siC:� .._. ._..._. . • � � �a .., �� DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 C. PHONE�201rFA�(720) 65�2 q2'3I0 COLORADO January 7, 2009 Ted Poszywak, Fire Chief Frederick, Firestone Fire Protection District PO Box 129 Frederick, CO 80530 Subject: USR-1555: SE-1080: Pt. NW4 of Section 33, T2N, R67W of the 6`h PM Weld County, CO Dear Mr. Poszywak: The Department of Planning Services has reviewed your request to add two data boxes on top of the existing water tank. The proposed addition for the two data boxes as submitted in your letter dated December 18, 2008, is determined by planning staff, to not be a major change to the original application so long as the applicant adheres to the development standards of USR-1555 reception number 3476219 and SE-1080 reception number 3475374. Staff will require written evidence from the operator of the water tank (Town of Firestone) and the property owner(Tsunami Communication Inc) that they are acceptable to the addition of the data boxes on top of the water tank prior to the issue of any building permits. Should you have any additional questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerel , � ii ��C�� Michelle Martin Planning II � . File: USR-1555 SE-1080 • iz/�a/�8 � I+L /�REJG2�ca - Yi,2�4J��< �•2� �2n1£ci�On+ .V�STizicT �rFYfO� iS �rzd�°ns ,..� �C7 ).vS :Rc� A �l ' ia �� fln+,-t.�,��+E c:., �-r,p ��;c 7N-f / n�.,., c,� /:n.�s:n,�.`s V..�/di£.t �Oc.�G/G C�FG c_:' L..� C. �. /�, lF+� l�N�E,�-,v,1Z «l y� L �� JF�J /� 1 O CR�WZ R �O�;v r To iO,.v s �o.uin�,v,c.a7�p..�.,. 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TO: Board of County Commissioners COLORADO DATE: December 12, 2006 FROM: Michelle Martin SUBJECT: PaRial Vacation of USR-776 The Department of Planning Services has received the attached letter dated December 1, 2006 requesting the partial vacation of USR-776. Jacor Broadcasting of Colorado, INC. is requesting that USR-776 for an 1,190 foot high radio transmission tower and equipment building be partially vacated. The acreage being vacated out of USR-776 will be incorporated into USR-1555 for 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. Background Information: Legal Description: Pt. NW4 Section 33, Township 2 North, Range 67 West of the 6`" P.M. Weld County, Colorado Location: East of and adjacent to County Road 17 and south of County Road 16 USR 776: The Use by Special Review permit is for an 1,190 foot high radio transmission tower and equipment building as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. (Approved by the Board of County Commissioners on 7/8/87) USR 1555: 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 (Approved by Planning Commission on 5/16/06) Parcel Number: 1311 33 000037 Should the Board of County Commissioners choose to approve the request for a partial vacation of USR-776, Planning Staff recommends that a revised Partial Vacation USR plat of USR-776 be recorded in compliance with Section 23-2-200.G of the Weld County Code. c . � � Jacor Broadcasting of Colorado, Inc. 4695 South Monaco Strect Demer,CO 80237 Ms. Michelle Martin, Planncr Southwest Weld County Department ofPlanning Services 4209 CR 24.5 Longmont, CO S0504 I December 2006 Re: USR-1555 Dear Ms. Martin: We are ��riting concerning the real property subjcct ro USR-776, and owned by JACOR BROADCASTING OF COLORADO, INC. (tlte sm'viving entiry by merger with Tsunami Communications, Ine pursuant to the Agreement and Plai� of Merger dated Dccember 14, 2001). As you may be aware, the Town of Firestone has lcascd a portion of that property for purposes of iustalling a water tank. In order to reflect tl�e rcduced area subject to the USR, we have submittcd to the County USR-1555. As part of the conditions of approval for our USR- 1555, Tsunami CommunicaLions requests the Partial Vacation of USR-776. The Partial Vacation will allow for the continued use of our operations (Area A) and will allow for the additional uses perniitted tmder USR-1555 (Area B and Area C). Accompanying this letter is the USR Partial Vacation plat which we have had prepared and are also providing as part of the conditions of approval for USR-1555. A signed Mylar of this plat will be provided for recording after the Board of County Commissioners has acted on the Partial Vacation. We request this Partial Vacation be placed on the agenda for action by the Weld County Board of Commissioners at tlteir uext available meeting. Sincerely, JACOR BROADCASTING OF COLORADO, INC. By Name: Lee Larsen Title Regional Vice President/Denver Market Manager cc: Mr. Dave Lindsay, Engineer, Town of Firestone � � Firestone ��; � A ComntunFty December 1, 2006 _-�^��•�-•^ In Motion t.�9ax - .e:gr,a,.e, Ms. Michelle Martin, Planner Southwest Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 Re: USR-1555 Project No. 0668.0128.01 Dear Ms. Martin: As part of the conditions of approval for our USR-1555 (comment 1.F.4.) this letter is provided to document that there will be no project signage associated with the application. Security fence will be installed around the facilities, as shown on the site plan and details submitted with the USR application. At some point the Town of Firestone may install "No Trespassing" or other warning sings consistent with securing the area as a potable water supply point. If you have any questions please feel free to contact me at 970-226-0557. Sincerely, � � Kevin Ash, PE Town Engineer cc: Ms. Cheri Andersen, Town Administrator I51 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 • �eld County Planning Uepartment GREELEY 0FFICE ° M E M O RA N D U M �o� 2 � zoos � � � �E��I�/�� TO: Michelle Martin, Planning Services DATE: 11/28/2006 CO FROM: Donald Carroll, Engineering Administrator � � SUBJECT: USR-1555, Tsunami Communications, Inc. of Colorado Corp. COLORADO The Town of Frederick's engineer contacted me indicating that the Improvements Agreement would be required for the water tank site. I did not require any on-site improvements associated with this USR. No additional requirements are needed from the Public Works Department. pc: USR-1555 � • Page 1 of 1 Michelle Martin From: Bryon Horgen Sent: Monday, November 27, 2006 9:55 AM To: Michelle Martin; Monica Mika Subject: Firestone water tower FYI - Bifi drove by the F(restone water tower today and said ihat there isn't any construction aciiviCy. Bryon C Horgen Assistant Building Oflicial Southwest Weld County d209 CR 24.5 Longmont CO 80504 (720jb52-A210 ext 8741 FAX(720) 652-427 1 bhorgen@co.weid.ca.us ]1/27/2006 BEFORE THE W,D COUNTY, COLORADO, PLANNING CO��11SSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mike Miller, 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: USR-1555 APPLICANT: Tsunami Communications Inc. PLANNER: Michelle Martin LEGAL: Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Public Utility or Public Agency in the A(Agricultural)Zone District). LOCATION: East of and adjacent to CR 17 and south of CR 16. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 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 Prime if they become Irrigated Farmlands by the USDA Soil Conservation Services. The small size of the lots (2.6 acres) severely limits its agricultural value. B. Section 23-2-400.B.--The facilitywill 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 City of Dacono,Town of Firestone and Town of Frederick. The City of Dacono in their referral dated 4/10/06 stated that they had no conflicts with the request. No response has been received by the Town of Firestone. The Town of Frederick in their email dated 4/21/06 is requesting the tank be painted to blend in with the environment. The following Conditions of Approval and Development Standards address the Town of Frederick's concern. 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 facilitywill 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 in question USR-1116 and communication towers to the north USR-776 and USR-1508 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 Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. --The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health,safety,and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. --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 minimize negative impacts on the existing agricultural uses and lands of the area. Resolution USR-1555 � � Tsunami Communications Inc Page 2 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 structure will service the residents of the Town of Firestone. H. Section 23-2-400.H. --This application will create limited, if any, demand for additional government services. I. 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 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. K. Section 23-2-400.K. --The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. There will be no significant impact on wildlife habitat. The Division of W ildlife indicated that they had no conflicts with the project, as stated in their referral received 4/6/06. L. Section 23-2-400.L. --The proposed use will not significantly impact drainage of residential property, crop land or other land. M. Section 23-2-400.M—The proposed use has no associated housing requirements. N. Section 23-2-400.N—The proposed site does not lie within a Municipality IGA boundary. 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: � 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) y The applicant shall submit written evidence to the Department of Planning Services that t Tsunami Communications Inc., A Colorado Corporation has switched its name to Jacor Broadcasting of Colorado Inc. (Department of Planning Services) � The applicant shall enter into an Improvements Agreement according to policy regarding �� collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning /� Services) C / The applicant shall apply and be approved by the Board of County Commissioners for a `; partial vacation of USR-776 to amend the boundaries to coincide with the proposed USR. (Department of Planning Services) �! The applicant shall submit two (2) paper copies of the plat for preliminary approval to the • • � � Resolution USR-1555 Tsunami Communications Inc Page 3 Weld County Department of Planning Services. (Department of Planning Services) F. The plat shall be amended to delineate the following: � The plat shall be labeled USR-1555 (Department of Planning Services) � The applicant shall delineate the recorded access and utility easements per reception number 3349059 with the Public Service Company of Colorado. (Department of Planning Services) � The attached Development Standards. (Department of Planning Services) 9�. 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 W eld 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 I Site Plat. All structures,including signs,on site must obtain the appropriate building permits. (Department of Planning Services) � The applicant shall delineate on the plat an 8'chain link fence with barbed wire with a 12'sliding gate around the second water tank. (Department of Planning Services) � The applicant shall show a detail drawing of the 8'chain link fence with barbed wire on the plat around water tank one. (Department of Planning Services) j� The plat shall meet all the requirements of Section 23-2-380 of the Weld County Code. (Department of Planning Services) � County Road 17 is classified by the County as a local gravel road,which requires 60 feet of right-of-way at full build out.The applicant shall verifythe existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verifed,it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way reservation required. (Department of Public Works) � The applicant shall remove the words"Lot 1 and Lot 2"from the plat. (Department of � Planning Services) 2. Prior to Construction: 1. 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 ofApproval.The Mylar plat shall be recorded in the offce 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@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) � STfE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tsunami Communications Inc USR-1555 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 PublicAgency in the A(Agricultural) Zone District,as indicated in the application materials on file 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. Prior to the lease expiring and the Town of Firestone taking possession of the two parcels the applicant shall create the lots according to the Weld County Code. This facility lies on a property that was created through the Subdivision Exemption process. The lot shall revert back to the original parcel when the use ceases. (Department of Planning Services) 4. Fire Protection will be provided by the Fort Lupton Fire Protection District. (Fort Lupton Fire Protection District) 5. 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) 6. 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) 7. 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) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. 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) 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. Bottled water shall be utilized for drinking and hand washing during construction of the water storage tank. (Department of Public Health and Environment) 12. Adequate toilet facilities (port-a-potty)shall be provided during the construction of the water storage tank. (Department of Public Health and Environment) 13. The access easement shall be graded and drained road to provide an all-weather access. (Department of Public Works) 14. Should noxious weeds exist on the property or become established as a result of the proposed development the applicanUlandowner 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) 15. Earthtone paint maintained in a color that blends with the surroundings shall be applied to the ' proposed tank. (�Tepartment of Planning Services) • 16. A building permit shall be obtained prior to start of construction of any new structure. (Department of Building Inspection) 17. 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. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application.(Department of Building Inspection) 18. 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: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. The new construction will be classified as U(1.5 million gallon water tank).Setback and offset distances shall be determined by the Weld County Code.(Department of Building Inspection) 20. Tank height to determine compliance with the Bulk Requirements from Chapter 23 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 tanks. (Department of Building Inspection) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. 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. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. 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. Motion seconded by Roy Spitzer. VOTE: For Passage Against Passage Absent Michael Miller Bruce Fitzgerald Chad Auer Tam Holton Doug Ochsner James Welch Erich Ehrlich Roy Spitzer Paul Branham The Chair declared the resolution�assed and ordered that a certified copy be t�warded with the file of this case to the Board of County Commissioner's for further 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 May 16, 2006. Dated thel6th of May, 2006 � /�� Donita May Secretary � � '�� W��D� LA SUMMARY SLHEETION COLORADO Case Number: USR-1555 Hearing Date: May 16, 2006 Applicant: Town of Firestone c/o Tsunami Communication Inc., A Colorado Corporation Address: 151 Grant Ave PO Box 100 Firestone, CO 80520 Request: 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 Legal Description: Pt. NW4 Section 33, Township 2 North, Range 67 West of the 6`" P.M. Weld County, Colorado Location: East of and adjacent to CR 17 and south of CR 16 Parcel ID#: 1311 33 000037 Size of Parcel: 48 +/- acres Size of USR: 2.6 +/-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 received 3/22/06 � Weld County Department of Public Health and Environment, referral received 4/20/06 � Weld County Department of Public Works, referral received 4/13/06 . Longmont Soil Conservation District, referral received 4/20/06 � Colorado Division of W ildlife, referral received 4/6/06 . City of Dacono, referral received 4/10/06 . Town of Frederick, referral received 4/21/06 � Fort Lupton Fire Prevention District, referral received 4/3/06 � Colorado Division of Water Resources, referral received 4/4/06 � Weld County Department of Building Inspection, referral received 4/13/06 � Kerr-McGee Rocky Mountain Corporation, referral received 4/17/06 The Department of Planning Services' staff has not received responses from the following agencies: � Weld County Sheriff's Office � Colorado Water Conservation Board USR-1555 Tsunami 1 � � � School District RE-8 � . Central Weld County Water Conservancy DFstnct � Public Service . Town of Firestone USR-1555 Tsunami 2 � � _ __ _ __ _ a �—� � SPECIAL�REVIfWPERMIT ap��' ADMINISTRATIVE REVIEW �� W�`D� COLORADO Planner: Michelle Martin Case Number: USR-1555 Hearing Date: May 16, 2006 Applicant: Town of Firestone c/o Tsunami Communication Inc., A Colorado Corporation Address: 151 Grant Ave PO Box 100 Firestone, CO 80520 Request: 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 Legal Description: Pt. NW4 Section 33, Township 2 North, Range 67 West of the 6'" P.M. Weld County, Colorado Location: East of and adjacent to CR 17 and south of CR 16 Parcel ID#: 1311 33 000037 Size of Parcel: 48 +/-acres Size of USR: 2.6 +/- 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'staffthat 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 Prime if they become Irrigated Farmlands by the USDA Soil Conservation Services. The small size of the lots (2.6 acres)severely limits its agricultural value. B. Section 23-2-400.8. -- The facility will not have an undue adverse effect on existing and future developmenf of the surrounding area as set forth in applicable Master Plans. The subject property lies within the three-mile referral area of the City of Dacono, Town of Firestone and Town of Frederick. The City of Dacono in their referral dated 4/10/06 stated USR-1555 Tsunami 3 � � that they had no confl�cks wiiM the re4ug&t. fyo�esponse has been received by the Town of Firestone. The Towrrof FreiJ�eiCkin fheir email dated 4/21/06 is requesting the tank be painted to blend in with the environment. The following Conditions of Approval and Development Standards address the Town of Frederick's concern. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surroundingareatothegreatestextentfeasible. Theproposedfacilitywillbecompatiblewith surrounding land uses. While there are predominantly agricultural uses in the area,there are existing water tanks to the west of the property in question USR-1116 and communication towers to the north USR-776 and USR-1508 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 growfh of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. --The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. --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 facilitywill be unmanned and will not require water or sewage disposal. The Conditions of Approval and Development Standards 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 structure will service the residents of the Town of Firestone. H. Section 23-2-400.H. -- This application will create limited, if any, demand for additional government services. I. 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 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. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. There will be no significant impact on wildlife habitat. The Division of Wildlife indicated that they had no conflicts with the project, as stated in their referral received 4/6/06. L. Section 23-2-400.L. --The proposed use will not significantly impact drainage of residential property, crop land or other land. M. Section 23-2-400.M—The proposed use has no associated housing requirements. USR-1555 Tsunami 4 � � N. Section 23-2-400.N—Tlie proposed sife does not Ile within a Municipality IGA boundary. 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 applicant shall submit written evidence to the Department of Planning Services that Tsunami Communications Inc., A Colorado Corporation has switched its name to Jacor Broadcasting of Colorado Inc. (Department of Planning Services) C. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) D. The applicant shall apply and be approved by the Board of County Commissioners for a partial vacation of USR-776 to amend the boundaries to coincide with proposed USR. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1. The plat shall be labeled USR-1555 (Department of Planning Services) 2. The applicant shall delineate the recorded access and utility easements per reception number 3349059 with the Public Service Company of Colorado. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. 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) 5. The applicant shall delineate on the plat an 8'chain link fence with barbed wire with USR-1555 Tsunami 5 � � a 12'sliding ggSe around the secQnd yaatertank. (Department of Planning Services) 6. The applicant shall show a detail drawing of the 8'chain link fence with barbed wire on the plat around water tank one. (Department of Planning Services) 7. The plat shall meet all the requirements of Section 23-2-380 of the Weld County Code. (Department of Planning Services) 8. County Road 17 is classified by the County as a local gravel road,which requires 60 feet of right-of-way atfull build out.The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way reservation required. (Department of Public Works) 9. The applicant shall remove the words"Lot 1 and Lot 2"from the plat. (Department of Planning Services) 2. Prior to Construction: 1. 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) USR-1555 Tsunami 6 � � SITE SB�CIFJC D�y�LOPMEM�PLAN SISEGIAL FtEVIEVII P�RIIiIIF DEVELOPMENT STANDARDS Tsunami Communications Inc.,A Colorado Corporation USR-1555 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, as indicated in the application materials on file 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. Prior to the lease expiring and the Town of Firestone taking possession of the two parcels the applicant shall create the lots according to the Weld County Code. This facility lies on a property that was created through the Subdivision Exemption process. The lot shall revert back to the original parcel when the use ceases. (Department of Planning Services) 4. Fire Protection will be provided by the Fort Lupton Fire Protection District. (Fort Lupton Fire Protectian District) 5. 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) 6. 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) 7. 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) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. 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) 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. Bottled water shall be utilized for drinking and hand washing during construction of the water storage tank. (Department of Public Health and Environment) 12. Adequate toilet facilities (port-a-potty)shall be provided during the construction of the water storage tank. (Department of Public Health and Environment) 13. The access easement shall be graded and drained road to provide an all-weather access. (Department of Public Works) 14. Should noxious weeds exist on the property or become established as a result of the proposed USR-1555 Tsunami 7 � � 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) 15. Earthtone paint maintained in a color that blends with the surroundings shall be applied to the proposed tank. (Department of Planning Services) 16. A building permit shall be obtained prior to start of construction of any new structure. (Department of Building Inspection) 17. 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. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) 18. 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: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. The new construction will be classified as U (1.5 million gallon water tank). Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 20. Tank height to determine compliance with the Bulk Requirements from Chapter 23 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 tanks. (Department of Building Inspection) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. 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 ihe Development Standards stated herein and all applicable Weld County regulations. 24. The Special Review area shall be limited to ihe plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. 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. USR-1555 Tsunami 8 � • a DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE � � 4209 CR 24.5 LONGMONT, CO 80504 � PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 W� ��i COLORADO March 17, 2006 Kevin Ash, Town Engineer Town of Firestone 151 Grant Av Firestone CO 80520 Subject: USR-1555- Request for a Site Specific Development Plan and a Special Review Pe�mit for a Major Facility (1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in the A(Agricultural)Zone District on a parcel of land described as part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for May 16, 2006, at 130 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 applicanPs 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 W eld 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 Dacono, Firestone and Frederick Planning Commission for their review and comments. Please call Dacono at(303) 833-2317, Firestone at(303) 833-3291 and Frederick at(303) 833-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/ora representative be in attendance at the Dacono, Firestone and Frederick 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. R spectfully, Michelle a 'n Planner � � PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 5/2/06 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1555 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Person Posting Sign .��i,�`"1/"/ �/�� Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF W ELD ) The foregoing instrument was subscribed and sworn to me this O�day of__► /�, 200� W ITNESS my hand and official seal. Q ��{�(�'l. ��J"y`�'r" ;'w�Fa�ar�s�. 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'`'� , d a,Q x; y, ��. % � -. ` ^�`. 4< S<�,�Y �y � ��qm, '�x�at.Y a � n v.r�.. 2 } �4r s � . l/T� �i.''�.,�.��'�� xC 3.2 a\�\'�%4r�'"�_rs �1�C��`�,.,y�C��'CS`��'QP b4: a?"( d t'�'A'?� � i ' e ��i..�� ; � M'�i.��` �?h� �` a'"�z '.,'c��r�.��n��Cy�i�.,„,�?` y x cx; .. S+�� ;r�' c.' -.* , z£.1' � s`st'�^ �..� £ �ar� 4 . A`.,�.�. � `AaVy��at��i�. '` ��'�,��'�'`�.. . fi..3� �� y y�:.c,� ��i� �"9 �" �� A �. b s �`��-''�'�"�'�. .-^e.� '.c°ssk,�, �°" "a �,'� �s�,u$��'�3 .�� .��w � �� .> � �<� � "'' .��w.�.w�`r x`,`�i�a, r� ..�,;;Fi+aa�: � � FIEL� �:HE�:K inspection date: 5/2/06 APPLICANT:Tsunami Communication Inc.,A Colorado Corporation CASE#: USR-1555 REQUEST: A Site Specifc Development Plan and a Special Review Permit for a Major Facility(1.5 Million Gallon Water Storage Tank)of a Public Ulility or Public Agency in the A(AgricWtural)Zone District LEGAL: PL NW4 Section 33,Township 2 North, Range 67 West of the 6'"P.M.Weld County, Colorado LOCATION: East of and adjacent to CR 17 and south of CR 16 PARCEL ID#: 1311 33 000037 ACRES: +/-48 Zonin Land Use N A (Agricultural) N Agricultural/ USR-1508 Communication towers E A (Agricultural) E Agricuitural/ USR-776 Radio tower S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural/ USR-1116 Water Tower COMMENTS: 4 water tanks west of CR 17 one home west of CR 17 approximately 650 feet from the proposed site 1 Guide wires for the Radio tower is above the tanks Over head power lines west of the sites One existing access to CR 17 that is also being used by the Radio tower ��/�(✓J ' Mic elle Martin , Planner ��, �W�`D� APPLICATION FLOW SHEET CpIARADO APPLICANT:Tsunami Communication Inc.,A Colorado Corporation CASE#: USR-1555 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility(1.5 Million Gallon W ater Storaye 7ank) of a Public Utility or Public Agency in the A(Agriculturaq Zone District LEGAL: Pt.NW4 Section 33,Township 2 North, Range 67 West of the 6'"P.M.Weld County,Colorado LOCATION: East of and adjacent to CR 17 and south of CR 16 PARCEL ID#: 1311 33 000037 ACRES: +/-48 DATE BY Application Received 3/16/06 MM Application Complet 3/16/06 MM PC Hearing Date: 5/16/06 Action: Utility Board Date: PC Sign to be Posted By: 5/1/06 PC Sign Posted S CJ� �i""' Referrals Listed File Assembled �"3.�J. Ol,� Referrals Mailed �3� ��J� Chaindexed �3 �� 'Jb Letter to Applicant Mailed ,Q . 7 , b Date Public Notice Published in County Newspaper , � V . � ' Surrounding Property& Mineral Owners Notified '' � �(;� � 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 S �� Overlav Districts Zoning Agricultural ,/��T � �y�y� Airport Yes_ No_X_ r�-- J Road ImpactArea p . pl � �� (y�L'1�,Q .i/IP�.N ��Z Z Geologic Yes X No U I Flood Hazard Yes No X_ �S,e-�5� Panel #080266 0475D T5T. INO. CONSULTING ENGINEERS ' Dnvio B. liNosay. P.E. dlindsay��[scinccom 748 Whalers Way.Bldg.D,Fort Collins,CO 80525 970.226.0557 mevo 303.595.9103,fau 970.226.0204 www.acinc.com TST. IFIC. CONSULTING ENGINEERS i c_. '11�°�,�>c_ '' ]� y.'ti .. k— CNRIS E: M£55E{t5MITF1, P.E. cmes sertmith@csti nc.com 748 Whalen Way,Bidg,D,Fott Collins,CO 80525 970.226.0557 mecro 303.595.9103,hx 970.226.0204 www.a[inccom NOTICE OF PUBLIC HEARIN� • The Weld County Planning Commission will hold a public hearing on Tuesday, May 16,2006,at 1:30 p.m.for the purpose of considering a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: USR-1555 APPLICANT:Tsunami Communication Inc, a Colorado Corporation PLANNER: Michelle Martin LEGAL DESCRIPTION: Part NW4 of Section 33,T2N, R67W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE:Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in the A (Agricultural)Zone District . LOCATION: East of and adjacent to CR 17 and south of CR 16 . SIZE: 48 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 tothe Southwest Weld County DepaRment of Planning,4209 CR 24.5, Longmont, Colorado 80504, before the above date or presented at the public hearing on May 16, 2006. Copies of the application are available for public inspection in the Southwest Weld County Planning Department,4209 CR 24.5, Longmont, CO 80504. 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 othenvise. Contact the Department of Planning Services at(720) 652-4210,ext.8730,for hearing continuance information. Bruce Fitzgerald, Chair - Weld County Planning Commission r� t� To be published in the Fort Lupton Press. c_n� �1�1 F �I�� To be published one(1)time by April 26, C. I��Yj L L ! 2006. -"' � .� .�� NOTICEOFPUBLICHEARING � PROOF PUBLICATION The Weld Counry Planning `°"""'ss'°" """ "°'° a °°°°` FORT LUPTON hearing on Tuestlay, May i6, z°°s,a":3°Pm.'°��he°°`°°=e STATE OF COLORADO of considering a Site Specific Development Plan and a Special ReviewPermitforaMajorFaciliry COUNTY OF WELD SS. of a Public Utility or Public Agency for �he property describetl below. Appmval of the request may �create a vestetl property right PursoanttoCo1ora°°�aw I Karen Lambert, do solemnly swear that I CASE NUMBER'.USR-1555 � ^PP��""T: Ts°^am' am the Publisher of the Fort Lupton Press; Communication Inc, a Colorado Corpora°°^ that the same is a weekly newspaper printed PLANNER'Michelle Martin �EGAL DESCRIPTION'Part NW4 and published in the County of Weld, State of Sec�ion 33, T2N, R67W of ihe ,-1 6�hP.M..WeltlCounry,Coloratlo. Of COIOraUO, and has a eneral circulation TVPE AND INTENSITV OF � PROPOSED �5E: s��e sPe��f� therein• that said newspaper has been Development Plan and a Special � Review Permitfora Major Faciliry published continuously and uninterruptedly (1.5 Million Gallon Water Srorage Ta^k� of a P�b��°"�Y °�P°b"° in said county of Adams for a period of more Agency in ihe A (AgriculWral) zo�eo�s«��. than fifty-two consecutive weeks prior to the LOCATION'. East of antl adjacent �o�R,�a^dso��^of�R,s first publication of the annexed legal notice SIZE'48 acres,more or less. T^e P�b"� ^ea��^9 w"' be he'° �° or advertisement; that said newspaper has Ne Hearing Room, Southwest We,a �o��tY Flanriny been admitted to the United States mails as Oepanment, 4209 CR 24.5, Longmont, Coloratlo. Commen�s second-class matter under the provisions of or objections relaled to the above �eq�es� sho��tl be ��bm��e° �° the act of March 3, 1879 or any writmg to Ihe Southwes� Weltl Counry Departmem of Planning, amendmentS thereof, and that said 4209 CR 24.5, Langmont, oo�o�ado8o5o4,be�o�e�heabo�e newspaper is a weekly newspaper duly date or presen[etl at Ihe public hea,��9o�MaY,6,zoo6. qualified for publishing legal notices and Copies ot the application are a�a��ab�e fo� P�b�� ^sPe��°° �° advertisements within the meaning of the the Southwest Weltl Counry P�a��9 Department, 4209 oR laws of the State of Colorado. That the 24.5, Langmont, CO 80504. Please �a�� oo��a MaY a< <�Zo� annexed legal notice or advertisement was 652-4210, ExL 8730, or Fax # ��zo�ss2-^z,,,P��o<<othetlaYo' published in the regular and entire issue of the hearing so iha� reasonable a=�ommoda��o�s =a^ be made ��, every number of said weekly newspaper for m acmrtlance with lhe Amencans w��h o�sab��es ^_�, Yo� �ea��e the period of 1 consecutive insertion(s); and speaal accommodations in ortler to panicipate in this hearing as a that the first publication of said notice was in resWt of a disabiliry. All cases scheduled before the Planning the issue of newspaper, dated 26th day of Commission for hearing are s�b;e��o�o^��^�a^�e,d�e�o�a�k April, 2006, and the last on the 26th day of of quorum or otherwise. Contact �he Department of Planning April� 2��6. Services at (720) 652-4210, ext. 8730, for hearing continuance information. Bmce Fitzgerald,Chair � Weld Gounty Planning Commission To be published in ihe Foh W plon Press. To be published one (�) time by April 26,2006. . � m O. � , � � ,".. 1T1 n' �? � �� /c.-�i��"`}-�.t,� n � m" Publisher. ubscribed a sworn before me, this the � � K� , : 24th day of April, 2006. `- � a., o =. � ,. G ' � � � N T� O m � m � � ,�� , I � °�' \ � � �� f. 3 � ' ry ublic. � � CASE NO.401951 key 27164 SITE SPEC, DEVELOPMENT PLAN AND U�BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: ParcelNumber�,�� - 3 �-�- Q v - � 3 � (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's O�ce,or www.co.weld.co.us). Legal Description �(�rJ l� (Jt' N W 1 �� , Section�, Township 2 North, Range�West Flood Plain: N/ � Zone District: Q , Total Acreage: �'� D , Overlay District: N /-� Geological Hazard: N //'t , Airport Overlay District: I�1�I�P- FEE OWNER(S)OF THE PROPERTY: Name:��CYl�(XCQSIr�JG � �IA�JV�QLYU� ��. Work Phone# �9�8 6�v -45� om hone# — Email Address Address: c�i(Oo� S orial DrN� � S'U� City/State/Zip Code ' $ a ��G 7�/!a 9 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below.Authorization must accompanyapplications signedbyAuthorized Agent) Name: f4S`1 — TO�A�(1 �nQl OB►� �0IA�'(1 C� �'1��17'e. WorkPhone#��2�6-05571#�cPhone# 9 a11-41q3—EmailAddress �nS . C'(�yp Address: l Gr n 2 CItYISt7tE/71lt(�f1fIP fill� `' V �.� � ' PROPOSE USE: ► � m�ll►or� ac� Ilon t�,�er�►' �}unks I (W e)hereby depose and state under penalties of perjury that all statements, proposals,andlor 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. /-�{ t c�- � l�/�, �-fF ��'��/�U� Signature: Owner or Authorized Agent Da e Signature: Owner or Authorized Agent Date -5- � � Fl�est�ne February 8, 2006 A Community e�W�� In Motion ivoe ,- - Ms. Michelle Martin Weld County Planning Southwest Weld County Services Complex 4209 Weld County Road 24 1/2 Longmont, CO 80504 Re: Town of Firestone At-Grade Water Tank Project No. 0668.0128.01 Dear Ms. Martin: Per your request, Kevin Ash of TST, Inc. Consulting Engineers is acting on behalf of the Town of Firestone in regards to the At-Grade Water Tank project that is currently in the Weld County review process. Respectfully, TOWN OF FIREST E � — Michael Simo e, Mayor ATTEST: Judy L.�Town Clerk 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 • ! Firestonew�,d�oJ�t A Comnzunity �RFF(f��°g�e '_`�9�;A'° In Motion ��R X Y OfiFj�f��m��t ;F.�;;; ��'2 2�06 March 1, 2006 VE� Ms. Monica Daniels-Mika, AICP Weld County Planning Director 918 10�" Street Greeley, CO 80631 Re: Town of Firestone At-Grade Water Tank Project No. 0668.0128.00 Dear Ms. Daniels-Mika: This letter accompanies a USR application by the Town of Firestone related to our need to build a 1.5 million gallon water tank in un-incorporated Weld County. The arrangement we have made with the underlying landowner is a lease-purchase for two parcels of just over 1 acre each. Your staff pointed out to us that once the lease reaches its term in five years and the Town takes possession of the two parcels that we will have created an unprocessed subdivision of the site. This letter is to inform you that we are working with the landowner to determine the best method to ultimately subdivide the property. The Town acknowledges that this process should be completed prior to the lease reaching its term and that in order to preserve the rights of the current landowner. Our current thinking is that we would offer to plat the property for the current landowner and create two parcels that are coincident with the lease parcels. Then when the lease comes to term the platted parcels can be deeded to the Town. If you have any questions please feel free to contact me. Sincerely, �� - Kevin D. Ash, P.E. Town Engineer KDA/mgf cc: Ms. Cheri Andersen, Town Administrator I51 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 � ' Firestone A Commun y�d ount i�:,r„a¢.e.e In Motion �Rff��n��nBD� I90A �0f�t�F�j�ment �1Q�X March 1, 2006 � 2 20pg E��V� Ms. Monica Daniels-Mika, AICP D Weld County Planning Director 918 10`" Street Greeley, CO 80631 Re: Town of Firestone At-Grade Water Tank Project No. 0668.0128.00 Dear Ms. Daniels-Mika: As you are aware, the Town of Firestone is currently processing a USR appiication with the county related to our needed 1.5 million gallon water tank. The Town would like to proceed with construction of the foundation of the tank while the land use application is being processed. It is our understanding that you are agreeable to this under the condition that is the URS application is not approved that the Town will remove the foundation. This letter is provided to acknowledge that we will remove the foundation in the event the application is not approved. Thank you for your cooperation in this matter. This will allow us to stay on schedule to complete the tank and have it in service later this year. Sincerely, � / l� _ Kevin D. Ash, P.E. Town Engineer KDA/mgf cc: Ms. Cheri Andersen, Town Administrator I51 Grant Ave. • P.O. E3ox 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 � � • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 1. Explain, in detail, the proposed use of the property. The Town of Firestone would like to use the property to construct two water tanks. The first one will be completed in the next year and the future tank will be completed around the year 2015. The tanks will both be standpipes with a 50 foot diameter and about 100 feet tall. Each of the proposed tanks wili store 1.5 million gallons of water. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Not Applicable 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. Not Applicable 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. There are a number of water tanks owned by Central Weld County Water District located nearby the proposed site. In addition, there is also a radio tower located adjacent to the site. No additional development on the radio tower site is possible. The areas surrounding the site have similar land uses. 5. Describe, in detail, the following: a. How many people will use this site? The Town of Firestone maintenance staff will use the site. It is anticipated that one or two Town employees will access the site from time to time. b. How many employees are proposed to be employed at this site? There will be no employees that are employed either part time or full time on this site. c. What are the hours of operation? There will be water circulating through the tanks 24 hours a day; however, it is not necessary to have employees on site to maintain this movement. d. What type and how many structures will be erected (built) on this site? There will be two large tanks, with the dimensions previously mentioned, built on the site. No additional building shall be erected. e. What type and how many animals, if any, will be on this site? . � No animals will be present on the site. f. What kind (type, size, weight) of vehicles will access this site and how often? Only Town of Firestone maintenance vehicles will have access to the site. These are all light duty trucks. g. Who will provide fire protection to the site? The Town will provide fire protection for the site. h. What is the water source on the property? (Both domestic and irrigation.) The tanks will be receiving their water from Central Weld County Water District through a waterline to be built around the same time. i. What is the sewage disposal system on the property? (Existing and proposed.) It is unnecessary to have a sewage disposal system on the property. j. If storage or warehouse is proposed, what type of items will be stored? There is no storage or warehouse areas planned for the site. 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. There is no proposed landscaping on the site. The site will be allowed to grow in its natural state. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. No reclamation procedures are currently planned for this site. 8. Explain how the storm water drainage will be handled on the site. Storm water drainage will be handled on site with the use of a siit fence. No additional storm water measures will be installed. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction is slated to begin in the Spring of 2006. It is expected to take about 6 months for completion. 10. Explain where storage and/or stockpile of wastes will occur on this site. � . � • Storage and/or stockpile of waste will occur in designated areas on the site. They will be away from the road and other construction activities. � � Report Date: 04/30/2007 03:57PM WELD COUNTY TREASURER Page: 1 STATEMENT OFTAXES DUE SCHEDULE NO: R0022588 ASSESSED TO: TSUNAMI COMMUNICATION INC 4695 SOUTH MONACO ST DENVER, CO 80237 LEGAL DESCRIPTION: 21097-B PT NW4 33 2 67 BEG AT THE W4 COR OF SEC 33 N98D24'E 180'TO TRUE POB N1500' N89D24'E 935' S32D41'E 1416.40'S300'S89D24'W 1700'TO TRUE POB (IMPS ONLY #0035193 WESTERN CITIES BROADCASTIN CO)%6750 WCR 17% SITUS: 6800 17 CR WELD 00000 PARCEL: 131133000037 SITUS ADD: 6800 17 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 3,626.88 0.00 0.00 3,626.88 0.00 TOTALTAXES - - ---_ __- --- -- --- _ _ _-- - GRAND TOTAL DUE GOOD THROUGH 04/30/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2281 - Authority Mill Lery Amount Values Actual Assessed WELD COUNTY 16.804' 1,028.57 COMMERCIAL 208,869 60,570 SCHOOL DIST RES 23.635 1,446.70 AGRICULTURAL 2,220 640 NCW WATER 1.000 6121 ----- ----------------- CWC WATER 0.000 0.00 TOTAL 211,089 61,210 FORT LUPTON FIRE 8223 503.33 AIMS JUNIOR COL 6.330 387.46 WELD LIBRARY 3.261 199.61 ------------- ------------------- TAXES FOR 2006 59253" 3,626.58 `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) 3533845 ext. 3290 / � � WELD COUNTY TREASURER /� 7 oL Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes, special assessments and Prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign�c�-��!'�`�i,¢ '��_Date_ �� ---,( � � Report Date: 04/30/2007 03:SSPM WELD COUNTY TREASURER Page: 1 STATEMENT OFTAXES DUE SCHEDULE NO: P0023964 ASSESSED TO: JACOR COMMUNICATIONS/KTCL-FM C/O ATLANTIS TAX MANAGEMENT PO BOX 637 GRAPEVINE,TX 76099-0637 LEGAL DESCRIPTION: 21097-B PT NW4 3 2 67 PARCEL: 131133000037 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 17,846.42 0.00 0.00 0.00 17,846.42 TOTAL TAXES _,_ . ,, --- - - -- __ _ GRAND TOTAL DUE GOOD THROUGH 04/30/2007 17,846.42 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0811 - Authority Mill Levy Amount Values Actua essed WELD COUNTY 16.804* 5,061.20 PERS PROP 1,038,585 301,190 SCHOOL DIST RE8 23.635 7,118.62 ------------------- ----------------- NCW WATER 1.000 301.19 TOTAL 1,038,585 301,190 CWC WATER 0.000 0.00 FORT LUPTON FIRE 8.223 2,476.69 AIMS JUNIOR COL 6.330 1,906.54 WELD LIBRARY 3.261 982.18 ------------ -------------------- TAXES FOR 2006 59.253' 17,846.42 *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)3533845 ext. 3290 �„/ � �( �� 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 tases; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due and delinquent. No further action on this (these) account(s) should take p ace until paid. -- Signe�'�,F�,�� ,e,�� Date:� � . � � Report Date: 04/30/2007 03:58PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: P1003796 ASSESSED TO: INFINITY RADIO INC DBA/KDJM FM RYAN &COMPANY ATTN:TERRI WHITE 13155 NOEL RD LB 72 DALLAS,TX 75240 LEGAL DESCRIPTION: PTNW433267 PARCEL: 131133000037 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 5,727.98 0.00 0.00 5,727.98 0.00 TOTALTAXES _- __ - __- - - --- _ - __ _- --- _ -- GRAND TOTAL DUE GOOD THROUGH 04/30/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0811 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804` 1,624.44 PERS PROP 333,362 96,670 SCHOOL DIST RE8 23.635 2,284.79 ------------------- ----------------- NCW WATER 1.000 96.67 TOTAL 333,362 96,670 CWC WATER 0.000 0.00 FORT LUPTON FIRE 8.223 794.92 AIMS JUNIOR COL 6.330 611.92 WELD LIBRARY 3.261 315.24 ------------- -------------------- TAXES FOR 2006 59.253` 5,727.98 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOIDER 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) 3533845 ext. 3290 � /� � vl WELD COUNTY TREASURER � � � Pursuant to the Weld County Subdivision Ordinance, the attach d • Statement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes, special assessments and Prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign��r,.,��Date i WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT,CO 80504 PHONE:720-652-4210,EXT. 87301 FAX: 720-652-4211 � Date: � ��'/� �' 20 Receipt No. � �� --' � ..� Received Fron�: �.�-��'� <-'F !: i�`• °, �-,. L Permit Type No. Description Fee 4221-RE/S E � 4221-ZPM H _ ...., F , _ 4221-USR....-�� Ujd� �t„{;� ',� 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MWCrZMAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS � 4221-BOA { � 4221-FHDP/GHDP � 4430-MAPS/POSTAGE � 4430-COFiES � 4730-INVESTIGATION FEE ,, i 6560-RECORDING FEE � ; MISC. ] � . I � j CICASH �ECK NO. L� �� TOTAL FEE � Receipted By: DL# Exp. { ; i • REFERRAL LIST Name: Tsunami Communication Inc Case# USR-1555 Countv 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 X Dacono Brighton F-3 X Sheriffs Office Eaton Eaton F-4 X Public Works Erie X Fort Lupton F-5 Housing Authority Evans Galeton F-6 Airport Authority X Firestone Hudson F-7 X Building Inspection Fort Lupton Johnstown F-8 X Code Compliance_Ann Beth X Frederick LaSalle F-9 Kim Ogle (Landscape Plans) Garden City 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 X Water Conservation Board Longmont Wiggins F-18 _Oil & Gas Conservation Commission Mead _Windsor/Severance F-17 Milliken Division of Wildlife New Raymer X South Hwy 66 (Loveland) Northglenn North Hwy 66 (Greeley) Nunn _Division of Minerals/Geology Pierce Plattevil le Soil Conservation Districts Severance Commissioner _Big Thompson/ FTC _Thornton X Fitzgerald _X BoulderValley/Longmont _Windsor Brighton/SE Weld Centennial Counties Greeley/West Greeley Adams Platte Valley Boulder West Adams Broomfield _Little Thompson _Larimer Federal Government As�encies Other US Army Corps of Engrs X School District RE-8 USDA-APHIS Vet Service X Central Colo. Water Cons _Federal Aviation Admin RR (Structures over 200 ft or w/in Ditch Company 20000 ft of Pub Airport Art Elmquist(MUD Area) Federal Communications Comm X Public Service . . . . •9 . . . ■ Complete Rems 1,2,and 3.Also compiete a Sign re item 4 if Restricted Delivery is desired. � O d�� ■ Pnnt your name and address on the reverse (�- So dhat we Can retUm the Cafd to yoU. , �y��Ey by( �nted Name) C. Date of Delivery . ■ Attach this card to the back of the mailplece,_- 3�a �D 1� or on the front'rf space pertnits. -- � � D. Isdeliv � ' t�o' 1T ❑Yes 9. Article Addressed ta� � If YES, eliv bel� f$'No �... s ",�7" �C�� `�O i L`N�N OF FREDERICK po �ox 4ss MAR 2 4 FREDERICK CO 80530 3. Se eT ified il ❑Express I .,. ❑Ae9 ered� Re �ipt...r Marchentlise.. � . .�❑Insu �all� . ❑C.OD.. . 4. Resinc[ed Deliv ❑Yes z. nrcio�eN�moer 7004 2890 ��03 57�9 1847 .. (rransfer/rom seMce�ebell ' �,.PS Fortn 3811,February 2004 - Domestic Retum Recelpt iozsasoz-M-isdo��'�,, � • • . . . • ■ Complete ftems 1,2,and 3.Nso complete � a Signature '� � kem 4 if Restricted Delivery Is desired. ��8"� ��, I -� Prirrt your name antl address on the reverse ��d'��, So that We Can fetUfn the Cafd to y0U: B. ReceNed (Pnnted.Nemb) C. Dffie M Delivery � ■ Attach this card to the back of themailplece,. �� E /�os �e./ �3—� � �or on the front H space pertni[s: � . �, �� . D. is deiivery eddress dillerenl from Item 17 ❑Y� '. �1. Article Addressed to: If YES,errter tlelivery address below: �No CITY OF DACONO ; PO BOX 186 l�ACONO CO 80514 3�(��M� o�,�M�� ❑Reglsteretl ❑Retum Recelpttor Merchandise , � ..❑I�ured Mall :O C.O.D.� � - a. aesmcted oe�iveyt(Ex6a Fee1� ❑ves' ��. 2. �ut�c�aNumoer 7004 2890 00�3 5709 1823 R�e.no��rv�c�r�a�l PS Fortn 3811,Fetiruary 2004 oomestb Retum Recelpt io�5ssoz�^-+sw'� . c • r i • _-- . __ __ _ � � . . . . . . . . . . : � ■ �Complete�kems 1,2,�nd 3.Also complete A SlgnatUre � '�� Rem 4 if IiesMded.Delivery�is desired. � ■ Printyour name and adtl�ess�on the reverse .❑pddressee � , so ttiat we can retum the card�to you. g . �ew by �rinted � ) c. oate ot oeiivery I ■Attach this cerd to the back of the mailplece: � i � or on the front'rf space pertntts. � �� D. IS' livery etldress diRerent fiom item 1? Y �� ' . 1. Mir,le Addressed to: If YES,enter delivery edtlress below: .C�No ,� Town of Firestone PO Box 100 � Firestone CO 80520 3. �"'�T''°a � I�Cerlilled Mall ❑Express Mall ��I � ❑Reglstered �❑Retum Receipt for Merchendise ' � O insured Idail �❑C.OA.. . . �. � 4. Restricted Delivery7(Extre Fee). ❑Yes � � �, . 2. lvtkle Number � . �,�,�,,,�� 7004 2890 0��3 5709 1830 PS Form 3811,February 2004� � oomestia Ream aeceipt ' ' � iuzsys.oz.M.isaB�. . l c • i , � i !� � � o � � � � .. . � ,. . a a - O �� , @ � � � x� .�` `�.:;� ,�, �� O �� " �^ � ^�. � e� ¢ � �'�, �� r- x � M1 .: Postaga $ � Posta9e $ m Certi�ied Fee fT1 p 0 Certi�ied Pae Postmark � Retum Receipt Fee Here � Retum Recei t Fee Posimark � (Endorsement Requiretl) O (Endorsement Repuiretl) Here O Restnctetl Delivery Fee O Res[dccetl Delivery Fee p^ (Entlorsement Pequiretl) p^ (Entlarsement fleQuiretl) � � N Totai Posta9e&Fees $ N 7a�1 Postege 8 Fees $ � SenfTo � O _ � � � SentTo , / ��E�PXI C�.--------b�'2_I�SS- ---- �ir@6�u� -15� � � ��------------------ � - -- -- ----�------- -------------- --- - -� --- f`- Sfreet,Apt No.: . f`- Sheef.Apt No.: or PO Box No. "__"""'""'__""'""""'""""_"""""""_""""""""""'""""'..."'_""'" arPoeacNo. � Ci .Stare,ZIP+4 ' "_'_""_"'_""""""""""_"""'_'"'""""_"""_' , ry Ciry,Sfate,ZIP+4 :�i �i ii • � � � � � �' � I ra 11 � � � � � � � � �:s f� . . v�'•�-�- � � Postage E m Cer�ified Fee O � Retum Recelpt Fee Postmerk � (Entlarsement Require� Here O Restdctetl Delivery Fee p, (EntlarsementRaquiretl) � ' � Total Postage&Fees $ ? SenlTo � - �---�--�---�"=r�---------u�12_ lsso M1 �ireei,MiNo.: '__"'___""_____"'. orPoBoxNo. � C!(y Stafe.ZIP+4"'_'"""""""-"'"' :�i ri � � , .' • � Weld County ?lanninq Dep r ment cn`!;H'h'EST �Jll_DING a � uPR 2 o zoos � � � Weld County Ref� �� ,��.,�,! � �� March 17, 2006 �- ^� �'?,ir"�=�- C. ��_1.c�� COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tsunami Communication Inc, Case Number USR-1555 a Colorado Corporation P/ease Reply By April 17, 2006 Planner Michelle Martin Project Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in the A (Agricultural)Zone District . Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 17 and south of CR 16 . Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. if you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if aoplicablel May 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ��Z�� Date ,y��j�c (, Agencv `��._ .,-��' �ea ( , �u ��;a � ��Jfi-�`a� � @Weld County Planning Dept ❖4209 CR 24.5, Longmont,CO.80504 •:•(720)652-4210 ezt.8730 ❖(720)652-4211 fax 04i102006 16:52 CIT� DACONO � 7206524211 . N0.283 D01 b �� Weld County Referral � March 17, 2006 COLORADO The Weld County Departmenl of Planning Services has raceived Ihe following item for review- Applicanf Tsunami Communication Ine, Case Number USR-1555 a Colorado CorpOration Please Repty 8y April 17,2006 Planner Michelle Martin prqject Site Speciflc Development Plan and a 3peciel Review Permit for a Major Fadllty (1.5 Millfon Gallon Water$torage Tank)of a Public Utiliry or Public Apency in the A (Agrieultural�Zone�Istrict. Legaf Part NW4 of Section 33,T2N, R67W of the 6th P.M.,Weld Counry,Colorado. LocaGan East of anQ atljacertt to CR 17 and south of CR �6. Parcel Number 1311 33 Od0037 Ths spplicatlon is submitled to you for review and recommendation. Any comments or recommendatioa you consider relevant to this request would be appreclated. Please roply bythe above listed aate so that we may pive full wnsiderafion to your recommendation. My response not received deforo or on this date may be deemetl to be a positive response to the Qepartment of Planning Services. If you have a�y furthar questions regarding the application, please aall the Pla�ner associated with the request. Please nota that new Informatlon may Be addod ta applicetiona under revlaw durins the nview proeoss. If you desire to euamine of oDtai�thls�ddlGonal Informa�on, please eail the Department of Planni�g Serviees. Weld County Planning Commisslon Heering(If appllcable) May 18, 2006 We have raviewed ihe reauest and find t�at rf does/doas no[comply wlth our Comprehensivs Alan e have reviewed ihe request and find no conlircts with our lnferosts. O Seeattschedlefter. CommenGs: Signaturs ' Data � � Agency II, 6WelACeunyPlanninyOepLV4209CR24.5,Lonpmont,G0.905046(720)662�42�Onct.B7304(720)652-4211fa�c ' + � � a � � � Weld County Referral —____ i. °- � � � CO March 17, 2006 �L � L1 ,�� COLORADO� wE�r " - ___ ,,oRKs oF i The Weld County Department of Planning Services has received the following item for review: Applicant Tsunami Communication Inc, Case Number USR-1555 a Colorado Corporation Please Reply By April 17, 2006 P/anner Michelle Martin Project Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Public Utility or Public Agency in the A (Agricultural)Zone District . Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 17 and south of CR 16 . Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) May 16, 2006 ❑ 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 lettec Comments: Signature Date S/_��,� � Agency �,,G,;� 4Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO.80504 :•(720)652-4210 ext.8730 i•(720)652-4211 fax ' V • . �,�irl,{ r�� v , a��ing �e9ar;men`, ,�� y -� r5E;ltDl��lG �° ,��R � � zoos ' '� '`� MEMORANDUM � � � ��'^�'� CTO: Michelle Martin, Planning Services DATE: April 11, 2006 . COLORADO FROM: Donald Carroll, Engineering Administrator �/ SUBJECT: USR-1555, Tsunami Communications, Inc. of Colorado Corp. The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Weld Countv Road Classification Plan (FHU): (June 2002) WCRs 17 and 16 are local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. The most current ADT count reflects 160 vehicles taken in a 72-hour period. REQUIREMENTS: Access: Utilize the existing access and utility easement between Lots 1 and 2. This is also a shared access for a radio tower/oil and gas sites to the east. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicanUlandowner shall be responsible for controlling the noxious weeds. The right-of-way or easement shall be a graded and drained road to provide an all-weather access. Storm Water Drainage: The applicant needs to contact the storm water drainage division for any additional requirements that may be necessary to obtain the USR permit. Please contact Dave Bauer or Brian Varella at 970-356-4000, extension 3750. pc: USR-1555 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1555.doc NNeI(.i IOLI'IIV N�Bnn �P �?�2•a�1�'fli. � � ��' Ti � ,. ; , � �.,, �, APR � d 20UF 0 MEMORANDU � �� `"� ,��°� `� ��''.�� TO: MICHELLE KATYRYNNK, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIItONMENTAL HEALTH i / C• AT E:CT.04/1R7/2006 TSUNAMI COMMUNICATION INC. COLORADO cc: Environmental Health Services has reviewed this proposal for two 1.5 million gallon water storage tanks. 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, 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. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 7. Bottled water shall be utilized for drinking and hand washing during construction of the water storage tank. 8. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the water storage tank. � � a � � ,� Weld County Referral C• March 17, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tsunami Communication Inc, Case Number USR-1555 a Colorado Corporation P/ease Reply By April 17, 2006 Planner Michelle Martin Project Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Public Utility or Public Agency in the A (Agricultural)Zone District . Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 17 and south of CR 16 . Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) May 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �. We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: � �(1 1�f a�e i�� t`� � C a7e. �i .r� `�C, t�Iv�Y�i�C �C; C��, V��1(��-�ic•rv'� � i't��1fj . '� Signature �� Date ']J_�_�; Agency Z��y'��p.�Y1C'SL •'rWeld County Planning Dept. ❖4209 CR 24.5,Longmont,CO.80504 •:•(720)652-4210 ext.8730 4(720)652-4211 fax � � � L�6: ..� a � � � Weld County Referral Weld Count,y Pl��n�ing Departme ^.Q'ITN4h��; SUILDING C• March 17, 2006 APR Y 4 Z006 COLORADO ��IVED The Weld County Department of Planning Services has received the following item for review: Applicant Tsunami Communication Inc, Case Number USR-1555 a Colorado Corporation P/ease Reply By April 17, 2006 Planner Michelle Martin Project Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Public Utility or Public Agency in the A (Agricultural)Zone District . Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 17 and south of CR 16 . Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) May 16, 2006 ❑ We have reviewed the request and�nd that if does/does not comp/y with our Comprehensive Plan O �e have reviewed the request and find no conflicts with our interests. yr See attached letter. Comments: Signature � . Date y i3 p b Agency � „c.�G�r� �-�.l�z�� 4Weld County Planning Dept. h4209 CR 24.5, Longmont,CO.80504 :•(720)652-4210 ext.8730 B•(720)652-4211 fax . � � a DEPARTMENT OF BUILDING INSPECTION � � Weld County Administrative Offices � � 918 10th Street, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 Ci COLORADO April, 13, 2006 Tsunami Communication Inc. USR-1555 Site Specific Development Plan and Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Pubic Utility in a Agricultural Zone 1. A building permit shall be obtai�ed prior to start of construction of any new structure, 2. A plan review is required for eachTank 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. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. 3. 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: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. The new construction will be classified as U (1.5 million gallon water tank) Setback and offset distances shall be determined by the Zoning Ordinance. 5. Tank height to determine compliance with the Bulk Requirements from Chapter 27 of ihe 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 Tanks. Please contact me for any further information regarding this project. Sincerely, Fran iace t' ��'n��.�� Weld County Building Inspection Dept. Service,Teamwork, Integrity,Quality • . Weld Coun#y rlar��ing pepartmai S0�7�1�H��S�' �UfI�IING 6 APR 3 ?006 Weld County Re �� C• March 17, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tsunami Communication Inc, Case Number USR-1555 a Golorado Corporaiion Please Reply By April 17, 2006 Planner Michelle Martin Project Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in the A (Agricultural)Zone District . Legal Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 17 and south of CR 16 . Parcel Number 1311 33 000037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions rayarding ihe applica:;on, p!ease call the P!ar.r.=r assor,iated 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) May 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O�We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: / .,!'f �Z`i7/C _S'J�A-/�E C /—/.PL� f'�.PCJ T�C'7`(�CJiv Lt>/GL �5 � �� r'o /.�� 7�iE `��cc>,;v �� S/-��D S ��-/'� /3 s. 77�L=�'o,e 7 Zv.,//i�n� �i/�r" j�,Po 7`�C')`�n,� U/��a' Signature �� '� � Date � —��G� Agency � ' f Lci�/'U.t/ �/�� r � � ti•Weld County Planning Dept. •:�4209 CR 24.5, Longmont, CO.80504 •i(720)652-4210 ext.8730 ❖(720)652-4211 fax • • Page 1 of 1 Michelle Martin From: Jennifer Hoffmann [JHoffmann@FrederickCO.gov] Sent: Friday, April 21, 2006 11:04 AM To: Michelle Martin Cc: 'Todd Tucker' Subject: referral of case USR-1555 Hi Michelle, We've received the Tsunami Communication Inc. referral regarding placing a water storage tank along the eastern edge of CR 17. Generally, the Town doesn't oppose this application, though we would request that the tank be painted to blend with the environment. We'd be happy to have a discussion with the Town of Firestone as to what we accept. Regards, Jenn Jennifer Hoffmann, AICP Planning Director Town of Frederick 303.833.2388/303.833.3817 j hoffmannC�frederickco.gov 04/21/2006 Apr 06 06 0526p Division of W�e 30�6-6663 p.2 � � �' Weld County Referral � � � C• March 17, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: � Appfrcar�t Tsunami Communication Inq Case Number USR-1555 a Cdorado Corporation Please Repty By April 17,2006 P7anner Michelle Martin Project Site Specfic Development Plan and a Special Review Permit for a Major Facillty (1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in fhe A (Agricultural)Zone District. Lega! Part NW4 of Section 33,T2N,R67W of the 61h P.M.,Weld County,Colorado. Location East of and adjacent lo CR�7 and soulh of CR 16 . Parcel Number 1311 33 000037 � The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this requestwould be appreaated. Please reply bythe above lisled date so that we may give full consideration to your recommendation. My response not received before or on Ihis date may be deemed to be a posftive response to the Depariment of Planning Services. If you ha�e any further questions regarding the applicatan, please cali the Planner associated wifh the request. Please note that new informalion may be added to applications under review during the review process. B you desire to examine or obtain this additional information, please call fhe Department of Planning Services. Weld County Planning Commission Hearing("rf applicable) May 16,2006 ❑ We have reviewed the requesi and find ihat it does/dces not comply with our Comprehensive?!an �I We have reviewed the iequest and find no conRicts with our inteiesis. O See atiached letter. Comments: �-� A s�i� ur s i. wyzs ��.�c. is,�.� Signature �yJ, p, ,�y�� Daie � ��j� a,� Agency CUr�. piv /�iuJc/!'2 i79X c�'J 79' >> GH Swf! y� �42/J cO. t WeIE Counry Plaming Dep1. 64209 CR 24.5,Longmont,CO.80504 ��(720)652�270 ezt.8730 d(720�65&421 i fax � � 5TATE OF COLORADO OFFICE OF THE STATE ENGINEER Weld Cou�ty Piar�n�-��, ��ra,-@�nent e°F `°�\ Division of Water Resources �. DepartmentofNamralRewurces S��a��v �1�1°�[�I's'�� I�r - 1313 Sherman Street, Room 818 �� Denver,Colorado 80203 APR 4 2��6 � � � �/876�` Phone(303)866-3581 — FAX(303)866-3589 `��',p�" G;'�"."'4 � �� '`�'^ry �p k�� Bill Owens www.watecstate.w.us m � Governor March 27� 2��6 RussellGeorge Ezecutive DirecYor Michelle Martin Hal D.Simpson,P.E. Weld County Planning Dept. s��e E�g��ee� 4209 CR 24.5 Longmont, CO 80504 Re: Site Specific Development Plan and a Special Review Permit for a Major Facility (1.5 Million Gallon Water Storage Tank) of a Public Utility or Public Agency USR- 1555 Dear Ms. Martin This referral does not appear to qualify as a "subdivision" as defined in Section 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county pianning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Out office has no comments regarding the proposed land use application since no groundwater or surface water is proposed to be used at the site. Should you have any questions in this matter, please contact Joanna Williams of this office. Sincerely, �'�.ib�,�.� Kevin G. Rein, P.E. Chief of Water Supply KGR/JMW � e � � • � � • � ' � • • r I �� . , � , • � e ri��' �� , � . � �� t ��i��1 ` . 1 . : . . : r , � � � �� . . @ �' • ` I �� . - � _�� . , ��a �e� � : . • �• , I�� • , / � � � :C�: . �y �, �5:!:! '�tt��, `. �' E � R 3� � _ � � �$ y� :i 3� i i . 1 � �� B ( .�. IL . , , �� O �.y�y,{< r!: } � .. G7 � "„p1I�� 4 £ I �'�� :: �� A! ; ��v �t a� u 33 3 � � �''�:: £ '� -3-` ' x.vl�i .:�c` _p� F . _:; �Rj !' � �,s ,:., � �, � � I�� . . � � �� - � M f �S n ¢� `-�a f �s i ''ry C ` �� E ' &� : m � � v y� • � � �� s' v = , • ' �ktrd .v. . 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Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : Other Case #: 1. Applicant Name (l ` MUin sh Phon/970ga&-O557 Address o City State (p Zip o5.7d • 2. Address or Location of Access (OBC'DO V7 CR Section 3 3 Township 2. N Range lo1IAI Subdivision — Block — Logy, ��t Weld County Road #: I 1 Side of Road 1-- Distance from nearest intersection 19W Tc. . 3. Is there an existing access(es)to the property? Yes X No #of Accesses 4. Proposed Use: gi Permanent ❑ Residential/Agricultural ❑ Industrial WQ I J� �s ❑ Temporary ❑ Subdivision ❑ Commercial 14 Other ++a+aa+axxxxxa+a+xa++aaxxxxxxx+++aaa******xxxxxxxxxxx+xxxxxxxxxaax+x+axxxxxxxxxxxxaxxaxxxxaxxxxxxxxxxxxxxxxxxxxaxxxx x+x+++aa+xx 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road • = House • = Shed A = Proposed Access • = Existin9 Access • O o&b. • 2. caniral wet d W aA,r +-anks . • • (� o L-- k›ro posed Wanks • f] ; rc&dta tower N T (� axxxaxaxxx+aaxxxxaaxxxax+xaxxxxxxxxxxxx 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: -8- LEASE WITH OPTION TO PURCHASE THIS LEASE WITH OPTION TO PURCHASE ("Lease") is entered into effective this 1st day of September, 2005, by and between JACOR BROADCASTING OF COLORADO, INC. ("Landlord"), and THE TOWN OF FIRESTONE, a Colorado statutory municipality ("Tenant"). WITNESSETH: 1. Property; Existing Leases. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions as hereinafter set forth, two parcels totaling 2.43 acres of real property located in the NW %, Sec. 33, T2N, R67W, County of Weld, State of Colorado, more particularly described on Exhibits A, B, C, and D attached hereto and incorporated herein by this reference (the "Property"). 2. Term of Lease. The original term of this Lease shall extend from 12:00 noon on the 1st day of September, 2005, until 12:00 noon on the 31st day of August, 2010, unless sooner terminated or extended as hereinafter provided. 3. Rental. Tenant agrees to pay Landlord at the offices of Landlord, or at such other place designated by Landlord,without prior demand therefor, as fixed yearly rent the amount of Four Thousand Eight Hundred and Sixty Dollars($4860.00),which amount shall be due and payable on the first day of September and annually thereafter on suchdate during the term of this Lease. 4. Use of Property/Expenses. Tenant shall have the right to use and occupy the Property for the location of a water tank and any and all appurtenant or related uses and facilities. The Tenant shall pay all costs, insurance and other expenses related to Tenant's use of the Property. Landlord shall be responsible for any property taxes on the Property, Landlord's debt service affecting the Property, and any expenses related to Landlord's ownership of, interest in or uses of the Property. Notwithstanding the foregoing, Tenant agrees tp use its best efforts to obtain an exemption from Weld County for the payment of real property taxes based upon Tenant's use of the Property,Tenant covenants through the term of this Lease, at Tenant's sole cost and expense, to promptly comply with all laws and ordinances and the orders, rules, regulations, and requirements of all federal, state, and municipal governments and appropriate departments, commissions, boards, and officers thereof. 5. Insurance. Tenant shall at its expense obtain, carry and maintain during the term of this lease (a) a policy of comprehensive public liability insurance insuring Tenant and Landlord against any liability arising out of Tenant's use, occupancy or maintenance of the Property or the condition thereof; and (b) a policy of property insurance insuring the Tenant's improvements on the Property against loss or damage in an amount determined by Tenant. The liability policy shall name Landlord as an additional insured. 6. Utilities. Tenant shall promptly pay all charges for water, heat, gas, electricity, and other public utilities used by Tenant on the Property from the commencement date of the term of this Lease. Landlord shall not be responsible for any access br or fees charged for utilities. 7. Indemnity Provisions. a. To the extent authorized by law, Tenant will indemnify and hold the Landlord harmless against all claims, liabilities, damages, judgments and expenses (including court costs and reasonable attorneys' fees) for injury or death to persons or damage to property incurred as a result of the grossly negligent or willful and wanton act or omission of Tenant or its agents or employees which is related to or arises from Tenant's activities permitted or performed on the Property under this Lease. Tenant by this provision in no way waives or intends to waive the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided to the Tenant and its employees under the Colorado Govemmental Immunity Act, C.R.S. § 24-10-101 et seq. b. To the extent authorized by law, Landlord will indemnify and hold the Tenant harmless against all claims, liabilities, damages, judgments and expenses (including court costs and reasonable attorneys' fees) for injury or death to persons or damage to property incurred as a result of the grossly negligent or willful and wanton act or omission of Landlord or its agents or employees which is related to or arises from Landlord's activities permitted or performed on or with respect to the Property. 8. Alterations to Property.Tenant shall have the right, at Tenants sole expense, to make changes or alterations to the Property;provided, however,that in all cases any such changes or alterations shall be made subject to the condition that Tenant shall keep the Property free and clear of all liens arising out of or claimed by reason ofany work performed, materials furnished or obligations incurred by or at the instance of Tenant. 9. Condemnation. a. Complete Taking. If, during the term of this Lease the whole or substantially all of the Property shall be taken as a result of the exercise of the power of eminent domain,then, at Tenant's option, (i)this Lease shall terminate as of the date of vesting of title of the Property or delivery of possession, whichever event shall first occur, pursuant to such proceeding and Landlord shall promptly refund to Tenant all Option payments; or (ii) Tenant may proceed to exercise its Option to purchase the Property. For the purposes of this Paragraph,"substantially all of the Property"shall be deemed to have been taken if a taking under any such proceeding shall involve such an area that Tenant cannot reasonably conduct its desired or intended activities on the remainder of the Property. b. Partial Taking. If, during the term of this Lease less than the whole or less than substantially all of the Property shall be taken in any such proceeding, this Lease shall not terminate.The rent thereafter due and payable by Tenant shall be reduced in such proportion as the nature, value and extent of the part so taken bears to the whole of the Property. c. Award. Any award granted for either partial or complete taking regarding the Property shall be apportioned between Landlord and Tenant as their interests appear. Matters which cannot be resolved between the parties shall be submitted to arbitration. In addition, during the course of the condemnation proceedings and/or negotiations, Landlord shall keep Tenant advised of all activities, and Tenant shall have reasonable rights of approval of all settlements and/or tactical litigation decisions. 2 d. Reserved Rights. Nothing in this Lease is intended to or shall be construed to apply to an exercise of eminent domain by the Town of Firestone, and the Town hereby reserves all rights of eminent domain as provided by applicable law. 10. Option to Purchase. Landlord hereby grants to Tenant and Tenant's assigns an option to purchase the Property (the "Option"), and Landlord hereby agrees to sell the Property to Tenant upon Tenant's exercise of such option. Landlord hereby acknowledges receipt from Tenant of the sum of $10.00 to be held by Landlord as Option money for the Property, which shall be applied to the purchase price at closing. Tenant's Option to purchase the Property is upon the following terms and conditions: a. Tenant shall exercise the Option by delivering written notice of such election to Landlord prior to the expiration of the initial five-year term of the lease. b. If the Option is exercised, the purchase price shall be U.S. $24,301. Each yearly installment of rent under this Lease paid by Tenant and received by Landlord shall be credited toward payment of the purchase price. Therefore, if Tenant has paid all five rent payments, the remaining balance of the purchase price payable at closing shall be $1.00. c. The balance of the purchase price, plus or minus closing adjustments, shall be payable at closing in funds available for immediate withdrawal as a matter of right, as defined in §38-35-125, C.R.S. d. The purchase price shall include all fixtures, improvements and personal property presently if any, owned by Landlord and located on the Property conveyed free and clear of all taxes, liens and encumbrances.Any personal property shall be conveyed by bill of sale. e. Landlord commits to deliver title in the same condition as evidenced by Tenant's ALTA form title insurance commitment dated April 26th, 2005 attached hereto as Exhibit E and incorporated herein by this reference. f. Landlord shall furnish to Tenant, at Landlord's expense, true copies of all leases, surveys, inspection results or other reports in Landlord's possession pertaining to the Property, and shall disclose in writing to Tenant all easements, liens, licenses,or other matters not shown by the public records pertaining to the Property. g. The closing and date for delivery of deed shall be thirty(30)days after the date on which notice of exercise of the Option is given by Tenant to Landlord.The hour and place of closing shall be established by mutual agreement of the parties and shall be in the Denver metropolitan area. h. Title shall be merchantable in Landlord. Subject to payment or tender as above provided and compliance by Tenant with the notice provisions hereof, Landlord shall execute and deliver a good and sufficient general warranty deed to Tenant conveying the Property free and clear of all taxes,except the general taxes for the year of closing;free and clear of all liens and encumbrances except those matters shown in Exhibit E and any matters caused by Tenant (the "Permitted Exceptions"). Taxes for the year of closing shall be prorated to the date closing based upon the most recent levy and assessment, and such proration shall be a final settlement. Landlord shall execute an affidavit concerning mechanic's liens and take all other steps necessary to attempt to obtain the deletion of the standard pre-printed exceptions found in the title commitment at no costs to the Landlord. 3 Tenant shall have the right to inspect the title documents and the information provided by the Landlord pursuant to Paragraphs 10(e) and (f), and to conduct such other reviews as it deems necessary to determine the state of title to the Property. Should at the time of Tenant's exercise of its Option the condition of title not be the same as described on Exhibit E or should there appear additional exceptions which are not reasonably acceptable to Tenant(even though such additional exceptions would not make the title unmerchantable), a written notice of the defects shall be given to the Landlord by the Tenant at least two (2)days prior to closing and Landlord shall at its expense shall correct such defect prior to closing. The closing shall be extended a reasonable time, not to exceed 180 days, for correction of such defect. Further, Tenant shall have, in addition to any remedy available to it under 10(I)(ii), the right to an action for specific performance to require correction of such title defect, as well as costs and attorney fees therefor, but only if such defect appears after the date of this Lease and is not caused by Tenant's actions. If Landlord fails to correct any or all such defects prior to closing, the Tenant, at its option and it addition to the foregoing, may complete the transaction notwithstanding the uncorrected defects or may, upon written notice to Landlord, declare this Lease terminated, whereupon all things of value received hereunder shall be immediately returned to Tenant less the monies previously paid by Tenant to Landlord, and both parties shall be released herefrom. j. Any encumbrance required to be paid by Landlord may be paid at the time of settlement from the proceeds of this transaction or from any other source. k. Tenant and Landlord shall sign and complete all customary or required documents at or before closing. Settlement sheets for the closing shall be furnished by Landlord to the Tenant at least three working days before the date set for closing. Costs and fees for real estate closing and settlement services shall be paid at closing fifty percent by Landlord and fifty percent by Tenant. If any payment due under this Paragraph is not paid, honored or tendered when due,or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: IF TENANT IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Tenant and retained on behalf of Landlord 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 the LANDLORD'S SOLE AND ONLY REMEDY for the Tenant's failure to perform the obligations of this Lease. Landlord expressly waives the remedies of specific performance and additional damages. H. IF LANDLORD IS IN DEFAULT, (a) Tenant may elect to treat this Lease as terminated, in which case Tenant may recover such damages as may be proper, including a return of the Option and prorated Lease money; or (b) Tenant may elect to treat the Option contained in this Lease as being in full force and effect and Tenant shall have the right to an action for specific performance or damages, or both. 11. Closing— Landlord. At the time of closing and upon Tenant's compliance with the terms and provisions of this Lease, Landlord shall deliver 4 • a. A good and sufficient general warranty deed in a form acceptable to Tenant, properly executed and acknowledged, conveying the Property free and clear of all liens, tenancies and encumbrances except those set forth in Exhibit E; b. If requested by Tenant, a good and sufficient assignment and bill of sale in a form acceptable to Tenant, conveying any rights in personal property; c. All instruments, certificates, affidavits, and other documents necessary to satisfy the requirements listed on Schedule B-1 of the title commitment; d. An update of the title commitment, at Landlord's expense, showing title to the Property to be subject only to the Permitted Exceptions; e. A certification that the representations and warranties of Landlord pursuant to Paragraph 14 continue to be true and correct as of the date of closing; and f. Landlord's closing costs and any other documents required by this Lease to be delivered by Landlord to the title company or reasonably required by Tenant or the title company in connection herewith. 12. Closing—Tenant. At the time of closing and, upon Landlord's compliance with the terms and provisions of this Lease, Tenant shall deliver: a. The balance of the purchase price; b. Tenant's closing costs and any other documents required by this Lease to be delivered by Tenant to the title company or reasonably required by Landlord or the title company in connection herewith. 13. Representations and Warranties. Landlord hereby represents and warrants to the Town of Firestone, Colorado, Tenant, that as of the date of the signing of this Lease: a. Landlord has received no actual notice of, and has no other knowledge of,any litigation, claim or proceeding, pending or currently threatened,which in any manner affects the Property; b. Landlord has received no actual notice, and has no other knowledge of, any current,existing violations of any federal, state or local law,code,ordinance, rule, regulation,or requirement affecting the Property; c. Landlord has the full right, power and authority to transfer and convey the Property to the Tenant as provided in this Lease and to carry out the Landlord's obligations under this Lease; d. To Landlord's actual knowledge, Landlord has not entered into any agreements with any private persons or entity or with any governmental or quasi-governmental entity with respect to the Property that may result in liability or expenses to Tenant upon the Tenant's acquisition of all or any portion of the Property; e. Landlord has received no actual notice of any special assessments proposed as to the Property; 5 f. There are no leases,tenancies or rental agreements relating to the Property or any part thereof which cannot be terminated by Landlord on or prior to the date of closing. 14. Condition of Property. Except as otherwise specifically stated in this Lease, Landlord hereby disclaims any warranty,guarantee, or representation,oral or written, past, present, or future, of, as to, or concerning (i) the natureand condition of the Property, including, but not by way of limitation, the water, soil, and any geology thereof, (ii)the compliance of the Property or its operation with any environmental laws, rules, ordinances, and regulations, (iii)the suitability of the Property for any and all activities and uses that Tenant may elect to conduct thereon, and (iv) existing or proposed governmental laws or regulations applicable to the Property or the further development or changing use thereof, including environmental laws and laws or regulations relating to zoning, land use, or building, or the existence of, or likelihood of obtaining, any approvals or authorizations of any kind or nature of or from any governmental authority necessary or appropriate in connection with Tenant's intended use of the Property. The Property is transferred to Tenant on an "AS IS"BASIS AND IN ITS PRESENT CONDITION. Except as otherwise specifically stated in this Contract, LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO,ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY,TENANTABILITY,SUITABILITY,AND FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE PROPERTY. 15. Closing Certification. Landlord shall at the time of closing certify in writing to the Tenant that the representations and warranties of Paragraph 14, above, remain true and correct as of the date of closing, or the above-referenced Landlord shall certify which representations and warranties no longer remain true and correct. 16. Tenant Termination. In addition to all other rights and remedies of the Tenant and the Landlord as set forth and provided for in this Lease, the Landlord agrees that the Tenant shall have the right to terminate this Lease and to make the same of no further force and effect: a. If the representations and warranties of the Landlord as set forth and provided for in Paragraph 14 above are not true and correct as of the date of the closing of this transaction; or b. If Tenant determines, in its sole discretion, that the cost to manage, treat, abate, or remove any hazardous substances found on the Property is uneconomical as a result of any conditions disclosed by tests conducted hereunder; or c. If Tenant determines in its sole discretion, and based on any inspections that there exists a unsatisfactory physical condition of the Property; or d. In the event any action whatsoever is commenced to defeat or enjoin the Tenant's performance under this Lease. If Tenant elects to terminate the Lease pursuant to this Paragraph,Tenant shall provide written notice to Landlord declaring this Lease terminated,whereupon all things of value received hereunder shall be immediately returned to Tenant, and both parties shall be released herefrom. 17. Encumbrances and Development. Landlord agrees that Landlord will not, so long as this Lease is in effect, encumber or burden the Property. Landlord further agrees that during the term of this Lease, Landlord shall not develop the Property in any manner, including without limitation,constructing any improvements or erecting any structures on the Property, leasing mineral rights for the Property, or disturbing the surface of the Property. Landlord agrees that prior to 6 • • closing it will obtain a Partial Release of the existing Deed of Trust between Tsunami Communications, Inc. and Broadcast Finance, Inc. securing an indebtedness in the original amount of $700,000.00 dated June 9, 1994 and recorded June 10, 1994 in Book 1446 as Reception No. 2392816. 18. Right of Access to the Property. Tenant agrees that Landlord and Landlord's duly authorized agents and lender's representatives shall have such rights of access to the Property as may be reasonably necessary for the proper maintenance of the Property in the event of failure by Tenant to perform its obligations under this Lease, 19, Notices. All notices, demands, and requests required to be given by either party to the other shall be in writing. All notices, demands, and requests shall be sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the parties at the addresses set forth below or at such other addresses as the parties may designate in writing delivered pursuant to the provisions hereof. Any notice when given as provided herein shall be deemed to have been delivered two (2)days subsequent to the date that said notice was deposited with the United States Postal Service. To Landlord: Jacor Broadcasting of Colorado, Inc. CIO Clear Channel Communications, Inc. 4695 South Monaco Street Denver Colorado 80237 Attn: Mark Remington With a copy to: Kent Karber Holland & Hart, LLP 90 South Cascade Ave., Suite 1000 Colorado Springs, Colorado 80903 To Tenant: Town of Firestone 151 Grant Avenue, Box 100 Firestone, CO 80520 Attn: Cheri Andersen, Town Administrator With a copy to: Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, CO 80202 Attn: Sam Light 20. Time of the Essence. Time is of the essence hereof. 21. Quiet Enjoyment Landlord represents and warrants that: 7 a. Landlord is the owner of the Property and has the right to enter into and make this Lease. b. Tenant, upon paying the rent herein reserved and upon performing all of the terms and conditions of this Lease on its part to be performed shall at all times during the term herein peacefully and quietly have, hold, and enjoy the Property. c. Tenant accepts the Property subject to all zoning ordinances and regulations pertaining to the Property, without responsibility or warranty by Landlord, and further Tenant accepts the Property subject to the Permitted Exceptions. Landlord hereby consents to and agrees not to object to Tenant's filing of all zoning and other applications determined necessary by Tenant to effectuate the construction of the Town water tank and all appurtenant or related uses and facilities. 22. Attorney Fees. In case suit or arbitration shall be brought to enforce any provisions of this Lease, the prevailing party shall be awarded (in addition to other relief granted)all reasonable attorney fees and costs incurred in attempting to enforce its right under the Lease. 23. Severability. If any sentence, paragraph, or article of this Lease is held to be illegal or invalid, this shall not affect in any manner those other portions of the Lease not illegal or invalid and this Lease shall continue in full force and effect as to those provisions. 24. Short-Form Lease and Option. Simultaneously with the execution of this Lease,the parties agree to execute and record in the real estate records in the Office of the Clerk and Recorder of Weld County,Colorado, a short form of this Lease and the Option herein contained,the covenants made herein, and the duties and obligations of the parties hereto, in a form reasonably acceptable to the parties, all of which provisions shall survive Tenant taking possession of the Property and shall be deemed to run with the land. In lieu of such short form, this Lease may be recorded. 25. No Broker. Each party represents to the other that there is no commission due to any third party as a result of Landlord and Tenant entering into this Lease or the Option. To the extent allowed by law, each party agrees to indemnify and hold the other harmless from any and all claims by brokers for commissions and fees, and for all costs and expenses, including attorney fees, incurred in connection with any such claims. 26. Non-Appropriation. Notwithstanding any other provisions of this Lease, the Tenant's obligation to pay any sum of money under this Lease is subject to its appropriation of sufficient funds therefor. Nothing herein is intended to create or shall be construed to constitute any Town debt or multiple fiscal-yearfinancial obligations of the Tenant. The Tenant shall have the right at any time to terminate this Lease, in which case the Tenant shall deliver possession of the Property to Landlord and all sums paid by the Tenant shall be deemed to have been lease payments. 27. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. IN WITNESS WHEREOF, the parties have caused this Lease with Option to Purchase to be executed the day and year first above written. 8 LANDLORD: JACOR OAD AS ING OF COLORADO, INC. By: Title: STATE OF COLORADO ss. COUNTY OF -Pent- A The foregoing instfr?en acknow edged before i T) day of t114��iu_Sf , 2005 by //WA i�'litoin' , as it /fa to 4(r. of 'JACO�2 BROADCASTING OF COLORADO,(1 C. Witness my hand and official seal. ✓✓• /� My commission expires: 6 5' L�7 ' s 4.r • Q),'0 iery Notary Public OB Mf TENANT: TOWN OF FIRESTON DO By �xQSc -... F Mayo- ;70wN' A SEM-4 Attest: : o . Qo cie wn Exhibits to be attached: • Exhibit A: Parcel #1 Property Description • Exhibit B: Parcel#1 Property Exhibit • Exhibit C: Parcel #2 Property Description • Exhibit D: Parcel #2 Property Exhibit • Exhibit E: Permitted Exceptions 9 • • EXHIBIT A TANK PARCEL #1 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W'/ CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 N 00°49'50" E 410.86 FEET; THENCE S 89°10'10" E, 180.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY TSUNAMI COMMUNICATION INC., RECORDED AS RECEPTION #02392815 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 232.76 FEET; THENCE N 88°05'06" E, 235.27 FEET; THENCE S 00°49'50" W, 244.03 FEET; THENCE N 89°10'10" W, 235.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.29 ACRES (56,022 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. K\668\1281SURVEYITANK LEGAL DESCRIPTION.DOC • • EXHIBIT B NW COR OF SEC. 33, T2N, R67W, FD. 2" CAP PLS 25937 I I I I I I I I TANK PARCEL #2 I I N I c 0I TANK ACCESS AND NI /UTILITY EASEMENT I I 1 N88'05'06"E 235.27' I EXISTING 20' I ACCESS ESMT w CC in 1.0 TANK PARCEL #1 o 0 i I a N 56,022 5Q FT. a a o 1.29 ACRES .o N 0 z iI 58 80.0 0"E N89'10'10'W In 180.00' 235.00' POINT OF BEGINNING I I TSUNAMI COMMUNICATION INC. b RECEPTION # 02392815 0 60' i°m _ 150' - W.C.R. 17 a PUBLIC SERVICE CO. R.O.W. o OF COLORADO z RECEPTION #1496279 N oIE m ? o t.o op N W 0 u, Q ! m MO I I . _ . wa 50 TST INC. *POINT OF COMMENCEMENT W Y COR SEC. 33, T2N, R67W, TOWN OF FIRESTONE Consulting Engineers FD. 2' CAP PLS 25937 K:\668\128\DWGS\TANK SITE LEGAL DESCRIPTION.DWG WATER TANK PROPERTY ACQUISITION EXHIBIT • • EXHIBIT C TANK PARCEL#2 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W XI CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33 N 00°49'50"E 663.64 FEET; THENCE S 89°10'10" E, 180.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY TSUNAMI COMMUNICATION INC., RECORDED AS RECEPTION #02392815 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 217.22 FEET; THENCE S 89°10'10" E, 235.00 FEET; THENCE S 00°49'50" W, 205.95 FEET; THENCE S 88°05'06"W, 235.27 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.14 ACRES (49,722 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. K1668\128lSURVEY\TANK LEGAL DESCRIPTION.DOC EXHIBIT D NW COR OF SEC. 33, T2N, R67W, FD. 2" CAP PLS 25937 S89'10'10"E 235.00' I I I-0 tot, N TANK PARCEL #2rn m N 49,722 SQ. FT. 'min to oN 1.14 ACRES oc N z Q M^I NI POINT OF BEGINNING S89'10'10"E 588'05'06"W. '' - — — lB600' — — 235.27' TANK ACCESS AND I UTILITY EASEMENT EXISTING 20' I ACCESS ESMT t TANK PARCEL #1 'I-t z ,,.terg wI TSUNAMI COMMUNICATION INC. m RECEPTION # 02392815 60' _ 40 150' _ W.C.R. 17 to PUBLIC SERVICE CO. R.O.W. to OF COLORADO m RECEPTION #1496279 I N i Iso — o b too o0Int TST INC. POINT OF COMMENCEMENT W Y, COR SEC. 33, T2N, R67W, TOWN OF FIRESTONE Consulting Engineers FD. 2" CAP PLS 25937 K:\668\128\DWCS\TANK SITE LEGAL DESCRIPTION.DWC WATER TANK PROPERTY ACQUISITION EXHIBIT • EXHIBIT E • PERMITTED EXCEPTIONS SCHEDULE B - SECTION 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2.Any facts,rights, interests or claims which are not shown by the public records,but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3.Easements, or claims of easements, not showed by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5.Any lien, or right to a lien, for services, labors or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Any water rights or claims or title to water, in, or under the land. 8.Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof. 9. 2005 taxes, a lien,not yet due or payable. 10. 2004 taxes, a lien, now due and payable. 11. The lien of any unpaid taxes or assessments against said land,if any. A tax certificate has been ordered,but not received. 12. Reservations made by the Union Pacific Railway Company in Deed recorded May 15, 1891, in Book 97, at Page 490 &491,providing substantially as follows: Reserving unto the Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interest therein. 13. An Oil and Gas 1 Pace, and any and all assignments thereof, dated February 14, 1970, executed by Suckla Farms,Inc., as Lessor, and T.S. Pace, as Lessee, for a term of 5 years, recorded March 19, 1970 in Book 622 as Reception No. 1544067. 4111 • 14. A Right of Way together with the right of ingress and egress as granted to Continental Pipeline Company for pipe line or lines as set forth in instrument recorded September 3, 1976 in Book 776 as Reception No. 1698049, 15. Reservation of all minerals in, under and upon, or that might be produced from said land as set forth in instruments recorded August 4, 1987 in Book 1165 as Reception No. 2109281 and November 23, 1988 in Book 1217 as Reception No. 2162926. 16. All matters affecting said land as set forth on a Special Review Permit Map recorded December 15, 1987 in Book 1180 as Reception No. 2124999. 17. Terms, Provisions, Conditions and Covenants as set forth in a License recorded December 8, 1988 in Book 1218 as Reception No. 2164480, Assignment and Assumption of License Agreement recorded December 15, 1988 in Book 1218 as Reception No. 2165134. 18. Terms,Provisions, Conditions and Covenants as set forth in a Joint Use Agreement recorded May 18, 1989 in Book 1232 as Reception No. 2180008. 19. Memorandum of Lease Agreement for coal recorded June 14, 1990 in Book 1266 as Reception No. 2216897. 20. Any existing Leases and/or Tenancies. The following numbered exceptions N/A may be eliminated in the policy to be issued under Schedule A, Paragraph N/A upon fulfillment of the requirements specified under Schedule B-1. Form No. 1344-B2 (CO 87) ALTA Plain Language Commitment 1111111111111111111191II 11111111111111 1111111111111 • 3349059 12/20/2005 03:39P Weld County, CO in COPY 05 1 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder 417Acv To EASEMENT Documer 02/90 Invest. 2005-023 KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, whose address is 550 Fifteenth Street, Suite 700, Denver, Colorado 80202 (Grantor), for the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby grant, bargain, sell and convey to The Town of Firestone, whose address is 151 Grant Avenue, Firestone, Colorado (80520) (Grantee), its successors and assigns, a perpetual, non-exclusive easement to construct, maintain, alter, repair, replace, reconstruct, inspect, operate and remove an Access Road, Utilities (including electric lines, water lines, drainage improvements, cable and other utilities), together with related appurtenances on, over, under, and across the following described premises located in the County of Weld, State of Colorado, to wit: See Attached Exhibit A, B, C, D, E and F. This grant of easement is subject to the following conditions: 1 The use of the premises shall be for above stated purposes only. No buildings, structures, signs or wells shall be erected, placed or permitted to remain on the premises. 2. The Grantor reserves the right to place utility facilities in, under, over, and across said easement that do not interfere with the Grantee's use of the premises. 3. The Grantor shall, at all times, have the right of access to, along and upon the premises for the operation and maintenance of its utility facilities. 4. The easement herein granted may be subject to the lien of the Grantor's Indenture, and to its termination by the Indenture Trustee upon the occurrence of an event of default under the Indenture. 5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold Grantor harmless from and against all claims and liability for damages, loss or expense caused by any injury or death to any person or damage to property if the same shall in any way be connected with or result of the exercise by the Grantee of the rights granted herein. In executing this instrument, The Town is relying on and does not waive or intend to waive by any provision hereof, the monetary limitations (presently $150.000 per person and $600,000 per occurrence) or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101 et seq. 6. This easement is issued subject to any prior licenses, easements, or leases granted by Grantor for facilities of other parties. 7. In case of the permanent abandonment of this easement, all right, privilege and interest herein granted shall end, cease and terminate. 8. Grantee and its agents, employees, and contractors shall comply with all Federal, State and local hazardous materials laws including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the 1 of 3 Version 9/04 1111111 Hill IIIII IIIII IIIIII IIII I II II IIIII IIII IIII • 3349059 12/20/2005 03:39P Weld County, CO 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder Resource Conservation and Recovery Act, the Solid Waste Disposal Act and Sections 25-15-101, et. seq., 25-16-101, et. seq., 25-07-101, et. seq., and 25-8- 101, et., seq. of the Colorado Revised Statutes. Grantee shall not use, generate, store or dispose of any hazardous substance on, under or about the premises except in full compliance with any applicable hazardous materials laws. If the presence of hazardous substances arises as a result of Grantee's use or occupancy of the premises, Grantee shall be responsible for all actions, legal or administrative proceedings, demands, claims, judgments, damages, penalties, fines, costs, liabilities, or expenses including, but not limited to personal injury, property damage, diminution in property values and remediation of contamination. EXECUTED this S74 day of-.rr/ai,,c_. , 2005 NT P,LIC RV CE COMPANY OF COLORADO Peter West Managing Director Local Affairs STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 5111 day of "aecnn8rt. , 2005, by Peter West, Managing Director, Local Affairs, Public Service Company of Colorado, a Colorado corporation. My Commission expires: ad goo? Witness my hand and off i• seat • I GURBACH y iriNy . ��% pi ry Public t�k�%OF CO'-P - 2 of 3 Version 9/04 I IIII IIIII I III IIIII I IIII IIII illISI IIIII IIII IIII • 3349059 12/20/2005 03:39P Weld County, CO 3 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder GRANTEE: TOWN OF Fl ESTON By: Mayor ATTEST: � ��{iESTpN� q r' TOWN B y: o n Clerk SEAT, yi vii, STATE OF COLORADO )ss. CITY AND COUNTY OF ) Tle fgregoing instrument was acknowledged before me this 25 day of uClobQr , 2005, by Michael P. Simone, Mayor and Judy Hegwood, Town Clerk, of the Town of Firestone, Colorado. My Commission expires: S9,0? 441el 22� 2009 Witness my hand and officia seal. O4 tY PUe�i Z. TAri: /IY L. 1 <764 vlJ _ WEESE Notary P lic 1O <;;;:' •, c d•=COLdn(� My Commissicn Expires 9"2-QCf 3 of 3 Version 9/04 1111111111111111 Ili 111111IIII11th 11111 tIll • 3349059 12/20/2005 03:39P Weld County, C 4 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A ACCESS EASEMENT AN ACCESS EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6' P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W '/< CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33 N 00°49'50" E 634.99 FEET; THENCE N 88°05'06" E, 30.03 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 17 ALSO BEING THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY PUBLIC SERVICE COMPANY OF COLORADO, RECORDED AS RECEPTION #1496279 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 20.02 FEET; THENCE N 88°05'06" E, 150.17 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL S 00°49'50" W, 20.02 FEET; THENCE S 88°05'06" W, 150.17 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.07 ACRES (3,003 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. n,^ fit IT).:%„.57O/o5/o5 K\668\1281SURVEY\TANK LEGAL DESCRIPTION.DOC • EXHIBIT B • i NW COR OF SEC. 33, T2N, R67W, FD. 2" CAP PLS 25937 r °� 0 ' mom o ( rr O a'! -, L IIIIIIIIIIII r• S 1 CU �� agoi TANK PARCEL #2 v a' 0 ��S` (NIMMO MOM o„ r, 1 N00'49'50"E +g y La 20.02' N89'OS'06"E �r o N i 150.17' SO0'49'50"W �. c N88'05'C6"E 720.02' u'o 1 ✓a 30.03' �Na N� -is N 4..lie VS88'05'O6"W POINT OFI i�`"w150,17' mmil c BEGINNING r A▪ . CI. EXISTING 20' ACCESS ESMT TO TSUNAMI COMMUNICATION INC. pp� TANK PARCEL #1 Irc O W O cn O 0 Z cn+m (Jo, cr ro TSUNAMI COMMUNICATION INC. ¢ w RECEPTION # 02392815 Li 60' co150' W.C.R. 17 0 PUBLIC SERVICE CO. R,O.W. v, OF COLORADO Zi•' RECEPTION #1496279 co N 0:0 . . ..r. '-.a7 IA tO0 led INC. 1 POINT OF COMMENCEMENT TST, C W Y4 COR SEC. 33, T2N, R67W, TOWN OF FIRESTONE Consjltsng Engineers ED. 2" CAP PLS 25937 WATER TANK PROPERTY ACCESS K.\668\128\DWGS\TA.NK SITE LEGAL DESCRIPTI0N.DWG EASEMENT EXHIBIT 11111111111 IMu 1111111111111111 11 III 11111 IIII 1111 • 3349059 12/20/2005 03:39P Weld County, CO 6 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT C UTILITY EASEMENT A UTILITY EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W ''A CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33 N 00°49'50" E 550.74 FEET; THENCE S 89°11'56" E, 30.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 17 ALSO BEING THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY PUBLIC SERVICE COMPANY OF COLORADO, RECORDED AS RECEPTION #1496279 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 30.00 FEET; THENCE S 89°11'56" E, 150.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY OF THE PARCEL S 00°49'50" W, 30.00 FEET; THENCE N 89°11'56" W, 150.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.10 ACRES (4,500 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. eir 7.p` xf(1/aS' e 'u '`:*.eL4 fd AL LAtq, ```�� K\668\128\SURVEY\TANK LEGAL DESCRIPTION.DOC EXHIBIT 0 e ..„W C OF SEC. 33, T2N, R67'�V, FD. ?'. CAP PLS 25937 i- mam a) sass E , rases g Mass cc -. ` CI 06 ` U IMasai '- ` ` ,. I c C-2 is�b ` TANK PARCEL #2 o I 1.O "I� EXISTING 20' s c o �.i /ACCESS ES}.�T ammo o mom q N d . - ac:, =a11'56"E NO0'49'50"E 589 150.00' sin=cm30.OD' 0) mum rn 4,500 SQ. FT. __ r� _\\_ 0.10 ACRES �s00'49'50"W 30.00' POINT OF N89'11 56"W BEGINNING 150.00' TANK PARCEL #1 Q 589'11'56"E cc 30.00' w i 0 F3 i tJ. zi TSUNAMI COMMUNICATION INC V) RECEP110N # 02392815 (30' " 150' W C.R. 17 it o PUBLIC SERVICE CO. R.O.W. 4 OF COLORADO In RECEPTION #1496279 OI co v,� a m III +I 1 ME ao o .m v v w . I'.1 Rt., TST INC. POINT OF COMMENCEMENT TOWN OF FIRESTONE >' W Y4 CUR SEC. 33, T2N, R67W, Consulting Engineers ED• 2" CAP PLS 25937 WATER TANK PROPERTY K:\568\128\DWCS\TANK SITE LEGAL DESCRIPTION_DWG UTILITY EASEMENT EXHIBIT 1111111111111111 113 1111 I1*ll illii/III /III • 3349059 12/20/2005 03:39P Weld County, CO 8 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT E UTILITY EASEMENT A UTILITY EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W % CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33 N 00°49'50" E 842.72 FEET; THENCE S 89°10'10" E, 30.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 17 ALSO BEING THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY PUBLIC SERVICE COMPANY OF COLORADO, RECORDED AS RECEPTION #1496279 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 21.65 FEET; THENCE S 66°40'11" E, 162.36 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY OF THE PARCELS 00°49'50" W, 21.65 FEET; THENCE N 66°40'11"W, 162.36 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.07 ACRES (3,247 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. • En 36-,5 " on K\668\128\SURVEI1TANK LEGAL DESCRIPTION.DOC • EXHIBIT F • NW COR OF SEC. 33, F T2N, R57W, ED. 2" CAP PLS 25937 2400'49.50"E / 21.65' _ mom 13 $66'40'11"E i '~ o _.- / 162.35' tc t �, `-MINIM 0.) SO0'49'50"W um a_, 589'10'10"E I y `-,. f 21.65' mom 30 01]' I a i =� `POINT OF 3,247 SQ. FT. c aEGI1~INING �f 0.07 ACRES mar—iii C I- N66'40'11"W to mem M r 162.36' TANK PARCEL #2 swam > rNI ammo a. r uo ribC 1 ~ O saw.fl ` hJ ______o o \\_EXISTING 20' ACCESS ESMT TO imilm N TSUNAMI COMMUNICATION INC, mom�� CC IMININI co rn TANK PARCEL #1 R I Q c � � I W 4.1 .t:n i C a f a v TSUNAMI COMMUNICATION INC. s w RECEPTION # 02392815 CO' .t1 150' W.C R. 17 o PUBLIC SERVICE CO_ R,0.W vx OF COLORADO ur RECEPTION #1496279 ccI I y1 I $o a w a ' 1..I Iv ,w, TST INC. *POINT OF COMMENCEMENT TOWN OF FIRESTONE r W Y, COR SEC. 33, 72N, R67W, Consulting Engineers FO. 2" CAP PLS 25937 WATER TANK PROPERTY K:\555\128\DWGSVANK SITE LEGAL DESCRIPT30N.CWG I IT1I ITV CGCCAAPAIT CVLIIOIT NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) A. "GAP"PROTECTION When First American Title Insurance Company or its authorized agent,(hereinafter referred to as"Company"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds,mortgages,lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy,provided the following conditions are satisfied prior to the Company's disbursement of the fords: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No Coverage will be afforded against deeds,mortgages, lis-pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds,mortgages,lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS'LIEN PROTECTION If you are a buyer of a single family residence,you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction, improvements,or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there has been construction, improvements,or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller,the builder and/or the contractor;payment of the appropriate premium; fully executed indemnity Agreements satisfactory to the Company;and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. C-3 (Commitment Notice) Colorado . . PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor, PURSUANT TO CRS 10-11-123 NOTICE IS HEREBY GIVEN: (a) That there is recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals,or geothermal energy in the property;and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. • • FIRST AMERICAN TITLE INSURANCE COMPANY AND LONGMONT TITLE HOLDINGS, INC. WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information—particularly any personal or financial information. We agree that you have a right to know how we will utilize personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. APPLICABILITY This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. TYPES OF INFORMATION Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us,whether in writing, in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others and • Information we receive from a consumer-reporting agency. USE OF INFORMATION We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law. We may, however, store such information indefinitely,including the period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,such as title insurers,property casualty insurers,and trust and investment advisory companies, or companies involved in real estate services,such as appraisal companies, home warranty companies, and escrow companies. Furthermore,we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. FORMER CUSTOMERS Even if you are no longer our customer, our Privacy Policy will continue to apply to you. CONFIDENTIALITY AND SECURITY We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B-Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B-Section 1 are met.We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects,liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- brances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.lf we have any liabilitytoyou forany lossyou incur because of an error in thisCommitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B- Section 1 or eliminate with our written consent any Exceptions shown in Schedule B- Section 2. We shall not be liable for more than the PolicyAmount shown in ScheduleA of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not based on negligence,which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Form Plan La ua e0) •144 • • ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY LONGMONT TITLE HOLDINGS INC. 1729 TERRY STREET LONGMONT CO 80501 PHONE 303-651-1401 FAX 303-651-1501 agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRSTAMERICAN TITLE INSURANCE COMPANY,referred to in thisCommitment as theCompany, through its agent,identified above,referred to in this Agreement as the Agent,agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A,thisCommitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in thisCommitment have not been met within six months afterthe Com- mitment date,our obligation under thisCommitment will end.Also ourobligation underthisCommitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company *mss-H'swv BY PRESIDENT Ns tVtiF Ns PRESIDENT N p40.42 tt ATTEST SECRETARY � n o r SEPTEMBER 24, s €, ate •", 1960 J •• * •,A 1 fl .....•' • N' eSegL IIFONkk 4 BY /jr I • COUNTERSIGNED (1Form Plan g . . ALTA Plain Language Commitment �, xxxxnnexxnxxxxxnm nxnuxuunnnunnxxunnnnnnummnunnnnunnnnnnnmxnnmmnnumunmmurmx .i A MERI (% s 1 •9 = m g -\ �S a 'e = 3 II 'a First American Title Insurance Company INFORMATION n ✓ Inxxmmummummummunxmmmum ummmxxm um mmmnnxxm nomummuunmxxmu unimmxuu •at% The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE 8-1 — Requirements 3 SCHEDULE 8-2 — Exceptions 4 CONDITIONS other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment,please contact the issuing office. • • Form No. 1344-A (CO-87) Blank ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: 01/30/2006 8:00 A.M. Commitment No. 32377 - Revised 2. Policy or Policies to be issued: (a) Owners Policy Proposed insured: TOWN OF FIRESTONE $24,300.00 (b) Loan Policy Proposed insured: (C) Proposed insured: 3. The vested interest in the land described in this Commitment is owned, at the Commitment Date by JACOR BROADCASTING OF COLORADO INC., A COLORADO CORPORATION 4. The land referred to in this Commitment is described on Schedule C. Owner's Premium: $470.00 Tax Certificate: $15.00 Document & Search Fee: $93.00 Form No. 1344-B 1 (CO-87) Standard ALTA Plain Language Commitment SCHEDULE B - Section 1 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. The following documents satisfactory to us must be signed, delivered and recorded: (c) Record Partial Release of Deed of Trust to secure an indebtedness in the original amount of $700,000.00, dated June 9, 1994, recorded June 10, 1994 in Book 1446 as Reception No. 2392816. Grantor: Tsunami Communications, Inc., a Colorado corporation Trustee: Public Trustee Beneficiary: Broadcast Finance, Inc., an Ohio corporation (d) Record Warranty Deed from present owner to proposed purchaser. (e) Record Statement of Authority for Jacor Broadcasting of Colorado Inc. • • SCHEDULE B - SECTION 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not showed by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labors or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any water rights or claims or title to water, in, or under the land. 8. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. 9. 2006 taxes, a lien, not yet due or payable. 10. 2005 taxes, a lien, now due and payable. 11. The lien of any unpaid taxes or assessments against said land, if any. A tax certificate has been ordered, but not received. 12. Reservations made by the Union Pacific Railway Company in Deed recorded May 15, 1891, in Book 97, at Page 490 & 491, providing substantially as follows: Reserving unto the Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interest therein. 13. An Oil and Gas Lease, and any and all assignments thereof, dated February 14, 1970, executed by Suckla Farms, Inc., as Lessor, and T.S. Pace, as Lessee, for a term of 5 years, recorded March 19, 1970 in Book 622 as Reception No. 1544067. • • • 14. A Right of Way together with the right of ingress and egress as granted to Continental Pipeline Company for pipe line or lines as set forth in instrument recorded September 3, 1976 in Book 776 as Reception No. 1698049. 15. Reservation of all minerals in, under and upon, or that might be produced from said land as set forth in instruments recorded August 4, 1987 in Book 1165 as Reception No. 2109281 and November 23, 1988 in Book 1217 as Reception No. 2162926. 16. All matters affecting said land as set forth on a Special Review Permit Map recorded December 15, 1987 in Book 1180 as Reception No. 2124999. 17. Terms, Provisions, Conditions and Covenants as set forth in a License recorded December 8, 1988 in Book 1218 as Reception No. 2164480, Assignment and Assumption of License Agreement recorded December 15, 1988 in Book 1218 as Reception No. 2165134. 18. Terms, Provisions, Conditions and Covenants as set forth in a Joint Use Agreement recorded May 18, 1989 in Book 1232 as Reception No. 2180008. 19. Memorandum of Lease Agreement for coal recorded June 14, 1990 in Book 1266 as Reception No. 2216897. 20. Any existing Leases and/or Tenancies. 21. Terms, Provisions, Conditions and Option as set forth in instrument recorded October 25, 2005 as Reception No. 3334181. The following numbered exceptions N/A may be eliminated in the policy to be issued under Schedule A, Paragraph N/A upon fulfillment of the requirements specified under Schedule B-l. Form No. 1344-B2 (CO 87) ALTA Plain Language Commitment • • • SCHEDULE C The land referred to in this commitment is situated in the State of Colorado and is described as follows: Parcel No. 1 - Purchase Parcel out of Parcel No. 3 Jacor to Firestone: A parcel of land located in the Northwest Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Commencing at the W1/4 Corner of said Section 33 and considering the West line of the Northwest Quarter of said Section 33 to have an assumed bearing of North 00 degrees 49' 50" East with all other bearings relative thereto; Thence along West line of the Northwest Quarter of said Section 33 North 00 degrees 49' 50" East 410.86 feet; Thence South 89 degrees 10' 10" East, 180.00 feet, to a point on the Westerly boundary of a parcel of land owned by Tsunami Communication Inc., recorded as Reception#02392815 in the office of the Weld County Clerk and Recorder also being the Point of Beginning; Thence along said Westerly boundary North 00 degrees 49' 50" East, 232.76 feet; Thence North 88 degrees 05' 06" East, 235.27 feet; Thence South 00 degrees 49' 50" West, 244.03 feet; Thence North 89 degrees 10' 10" West, 235.00 feet to the Point of Beginning. Parcel No. 2 - Purchase Parcel out of Parcel No. 3 Jacor to Firestone: A parcel of land located in the Northwest Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Commencing at the W1/4 Corner of said Section 33 and considering the West line of the Northwest Quarter of said Section 33 to have an assumed bearing of North 00 degrees 49' 50" East with all other bearings relative thereto; Thence along West line of the Northwest Quarter of said Section 33 North 00 degrees 49' 50" East 663.64 feet; Thence South 89 degrees 10' 10" East, 180.00 feet, to a point on the Westerly boundary of a parcel of land owned by Tsunami Communication Inc., recorded as Reception#02392815 in the office of the Weld County Clerk and Recorder also being the Point of Beginning; Thence along said Westerly boundary North 00 degrees 49' 50" East, 217.22 feet; Thence South 89 degrees 10' 10" East, 235.00 feet; Thence South 00 degrees 49' 50" West, 205.95 feet; Thence South 88 degrees 05' 06" West, 235.27 feet to the Point of Beginning. • Parcel No. 3 - Jacor Broadcasting Parcel: Part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 89 degrees 24' 20" East on an assumed bearing along the East-West Centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 degrees 00' 00" East parallel to the West line of said Section 33 and along the East R.O.W. line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 degrees 24' 20" East parallel to the East- West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 degrees 00' 00" West parallel to the West line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 to the True Point of Beginning. TOGETHER WITH a 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The Centerline of a 20.00 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way, located in the Northwest One-Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, said Centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33, which bears North 00 degrees 00' 00" East, 645.00 feet from the West One-Quarter Corner of said Section 33; thence North 87 degrees 15' 16" East on an assumed bearing along an extension of the Centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning of said access easement, said point being on the Easterly Right-of-Way line of Weld County Road#17; thence North 87 degrees 15' 16" East along said Centerline of access easement, a distance of 150.17 feet to the East line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. Purported street address is WCR 17. stewart > title of colorado - Longmont Division 1729 Terry Street Longmont, CO 80501 303-651-1401 Office 303-651-1501 Fax DATE: July 21, 2006 Our Ref: 32377 Your Ref: Endorsement to TO: TST, Inc, Title Commitment Attn: Chris Messersmith • ENDORSEMENT ATTACHED TO AND MADE A PART OF COMMITMENT FOR TITLE INSURANCE FILE NO. 32377 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.:32377 This endorsement is made a part of the policy and/or Commitment and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any of the terms and provisions of the policy and/or Commitment and any prior endorsements,nor does it extend the effective date of the policy and/or Commitment and any prior endorsements,nor does it increase the face amount thereof. SCHEDULE A, PARAGRAPH 3, IS AMENDED TO READ AS FOLLOWS: 3. The vested interest in the land described in this Commitment is owned,at the Commitment Date by TSUNAMI COMMUNICATION INC.,A COLORADO CORPORATION, BY ARTICLES OF MERGER K/N/A JACOR BROADCASTING OF COLORADO,INC. RE: Tsunami Communication/Town of Firestone Signed under seal for the Company,but this endorsement is to be valid only when it bears an authorized countersignature. Dated: July 21, 2006 Countersigned and validated as of May 18, 2006 uthorized Signatory nime .Y AR2 92915 Warranty Deed D6" THIS DEED Is a eaagyaoee of the nal property descend below.iniun�gg ay improvements.d nee appvvsaen:ees ,a bmpary7 from We lomddmilM,ooparnads),paMentdpOI oromampDlim)mmedbeew a GRAMOR mteioSry S(a) or aidhQr)named below a GRANTEE. P lea GRANTOR hereby sells am convoys the property to the GRAMME and the GRANTOR vans me the ea the propeey�,ax�t "I fro,(l)We In of the Banat properly rams forte year of this deed,which the GRANTEE MR pay(2)any antreale ad en than of record(3)my parent resaneaasa end a ceptioas(4)my onnbidtW ones insets than of room(s)any en prondve�emoa ash and mains of record additnmlrraias shownbeow under•AdiEtkonl Wanamy Hayden• :"g+ D.P. $65.00 The B)edR&Tensor The Deed Arc �ff{{� wry < Gran (Oleo nonod plank)aar'doro;gdeamesoflboo.myam kjddalaY Deem con¢hmanddWa.NwMi pans... .sad ova MA) APB BROADCASTING COMPANY,INC,A COLORADO CORPORATION S SUM I1tU�� Greene lGwe ens*nth enthrone);aravmtaSena kaaecg wine mid aria conbcJ TSUNAMI COMMUNICATION INC.,A COLORADO CORPORATION $ 45 60 Pam of CoOwmwrp: 0r therein mown=imam oat coq Hi 0.®boa m We a awe lame..vdw the veb'S Jobe . mfr'or wen area arm thong cc*MSS the nes blow.) .. nerdy Oacahten union Wray WS e¢) SEE ATT �ACL EXHIBIT A k V . B 1446 REC 02392815 06/10/94 15:44 $15.00 1/003 P 0485 MARY ANN PRUERSTEIN CLERK & RECORDER WELD CO, CO Prepay Addfeat _ - _ Ole dManes eta 4Aly ewe a tab.t.edeame m,aneekn for Yea doe inn waaaed 1 to am'dam le Beaded SIX HUNDRED Fin Y THOUSANDDAA to a0IOD none.PS ra.weeueata Rc.nsdlwwRsrkleao OfarGUMMMOIwenne(CI revemy Maus ede Nonni etn Ong lea lbw aar, ,wRbORAN*R le 0. Naobnt to,ORANTUTSS NO to the mealy,race"papaw Ymaae.) Addenai Wenean Rrapllan (bat naa,aea king aced and oda men am COCA Sian.) _ . SEE ATTACNkD R%NI9rr B Emend by the Omar CO JUNES Minoan for Cospaad n.Naenalp oAaodnaen Npaton for lo4.l aNes )5, L,A(ti',OI11RAe.a:i p0kADDN ALA APB BAOADCAPDND.INC, Onion Ce month or Annum Onion e. r Oman By O� yA:am STA : e' . .RADO OF LD 3r Thera _ .'w.ag owledged before me Mks day of JUNE,1994 .J Bye .' COMPANY.INC.A COLCICADO CORPORATION ALA APR BROADCASTING.MC,BY WILLIS D. t;f; ii: DAMS. _ _ WynW a9)Yin ad official sueida..4dCt/ ! ''i. Myenaar�ae aa'ennen,OCTOBPR 20. 1991 C Netary Public y ,:Si' / •:. ju 1m SDI AVE..GRIIELEY,CO.NI, e 1 h)t' __ ga mist teat was acknowledged before me day of ,a: $'t' C ei ALOrtnead-0 or LC,aow is Ooaaed..➢mmaib mAeoWba.010 Bea*Item a praaeaervlx pwalded aid modem S. de iNaamm saasy ei mpaaea wan)or wan)of pnwerd�;or ea aaboned mann)N sepdaaan) ti.- Pa:. WINE=my hand an official sea. my compdaloa expires: Notary Pa►& S. DIM UPDATE LEGAL POEMS i Were No.2014. :may,)[ ' _. _ '' t . . B 1446 RBC 02392815 06/10/94 15:44 $15.00 2/003 P 0486 MARY ANN PRVERSflIN CLEUR & RECO• RDER WELD CO, CO EXHIBIT A TO WARRANTY DEED DATED: JOSE 9, 1994 GRANTOR: APB BROADCASTING COMPANY, INC., A COLORADO CORPORATION GRANTEE: TSUNAMI COLDIGNICATION INC., A COLORADO CORPORATION A Part of the Northwest Quarter (NWL/4) of Section 13, Township 2 North, Range 67 West of the 6th D.M., County of Weld, State of Colorado. being described as: seginning at the w1/4 Corner of said Section 33; thence North 89° 24' 20" East on an assumed bearing along the East-West centerline of said Section 336 a distance of 180.00 feet to the True Point of Beginning; thence North 00 00' 00" East parallel to the Weet line of said Section 33 and along the East R.O.N. line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 890 24. 20' East parallel to the East-West Centerline of said Section 33, a distance of 935.00 fret; thence South 32° 41' 19" Diet, a d£stance of 1416.40 feet; thence South 00 00' 00" West parallel to the Nest line of said Section 33, a distance of 300.$0 feet to a print on the East-West Centerline of Section 33; thence South 89 24. 20" West along said East-West Centerline, a distance of 1700.00 to the True Point of Beginning. TOGRTHER WITH a 20 foot aooess easement across an existing 150.00 foot Public Service Company Right-of-Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Services Company Right-of-Way, located in the Northwest One-Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of weld, State of Colorado, said centerline of said 20 foot easement described as follows: 2,. Beginning at a point on the West line of Section 33, which bears North 00° 00' 00" East, 645.00 feet from the West One-Quarter Corner of said Section 33; thence North 87° 15' 16" East on an assumed bearing along an extension of the centerline of ;aid 20.00 foot access easement, a distance of 30.03 feet to the beginning of said accede easement, said point being on the Easterly Right-of-Way line of Weld County Road 817; thence North 67° 15' 16" East along said centerline of access easement, a distance of 150.17 feet to the East line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. TOGETHER WITH THE RADIO TRANSMISSION TOWER SITUATED THEREON. Yc L., SI yi F:. t' i j ra B 1446 EEC 02392815 06/10/94 15:44 X15.00 3/003 .x F 0487 MARY ANN PRUERSTEIN CLERK 8 RECORDER HELD CO, CO ti jY EXHIBIT B TO WARRANTY DEED ' , r DATED: JUNE 9 , 1994 o s. li .. GRANTOR: APB BROADCASTING COMPANY, INC., A COLORADO CORPORATION , GRANTEE: TSUNAMI COMMUNICATION INC., A COLORADO CORPORATION - : 1. I,FAgE AGREEMENT DATED AS OF MARCH 18, 1994, BY AND BETWEEN APB ' BROADCASTING, INC. AND TSUNAMI COMMUNICATIONS, INC. AND TSUNAMI ' a t`. COMMUNICATIONS, INC., AS AMENDED ON JUNE 8, 1994. 2. LEASE AGREEMENT DATED MARCH 11, 1993, BY AND BETWEEN APB _:_<d BROADCASTING, INC., AND PREMIERE RADIO NETWORKS, INC. ': y, 3. RADIO TOWER LEASE AGREEMENT EXECUTED FEBRUARY 27, 1992, WITH ;n L AMOCO PRODUCTION COMPANY. 4. LEASE SITE FOR COMMUNICATION FACILITIES LEASE DATED JANUARY 31, 1994 WITH PAGING NETWORKS OF COLORADO, INC. f. 5. LEASE SITE FOR COMMUNICATION FACILITIES LEASE R2 DATED JANUARY 31, 1994 WITH PAGGING NETWORKS OF COLORADO, INC. t 6. LEASE AGREEMENT DATED APRIL 15 , 1992 WITH WESTERN CITIES BROADCASTING COMPANY, INC. 7. JOINT USE AGREEMENT DATED DECEMBER 15, 1988 WITH AMOCO '. PRODUCTION COMPANY. -� k .F F lr M1 K4'-1 ,N Y q4neL , , nett-00-2002 10:16 CT CORPORATION - 713'759195a P.02/SB hum DONEITA ONAZADOSfOe DAVIDSONs ARTICLFSOF lame _ ' 200210568f3 C $ ill OD �[ OF SECRETARY ''STATE tip /99TI" 0 6 7 TSUNAMICOMMUNICATIONS,INC. a3 og 2aoz 11:49:2p f (a Colorado corporation) WITH AND INTO doe_/9:7/772ier3G JACOB BROADCASTING OF COLORADO,INC. ( n') N e• E-5 (a Colorado corporation) Pursuant to the provisions of Section 7.111-105 of the Colorado Business Caporarion Act, the undersigned corporations set forth the following Articles of Merger(the"Articles")for the purpose of merging TSUNAMI COMMUNICATIONS;INC..("Tsunami"with and inn*JACOR BROADCASTING OF COLORADO,INC.OEM,with JBC being the surviving entity(such merger being hereinafter referred to as the`Mager"(: I. The came and two of incorporation of the surviving entity of the'merger(the "Surviving Entity),a domestic for-profit corporation,is as follows: Name State of Incorporation hear Broadcasting of Colorado,Inc. Colorado 2. The names and states of incorporation of each of the constituent entities (the "Constituent Entitled").both domestic for-profit corporations,are as follows: ante State of Incorporation Tsunami Communications,Ina Colorado boor Eroadcasthigof Colorado,Inc. Colorado 3. Each of the Constituent Entities has complied with the laws of the stare under which it exists and such laws permit the Merger. 4. The executed Agreement and Plan of Merger (the "Plan of Merger") dated December PI ,,200I,by andbetween Tsunami and IBC is attached as Exhibit A. 5. The Plan of Merger is authorized on behalf of each of the Constituent Entities and the Persons signing this Certificate on behalf of tech of the Constituent Entities are duly authorized to do so. 6. Shareholder approval vas not required. • Ar9tat COMPUTER UPDATE COMPLETE nw y . MFR-0[}2002 10:16 CT CORFORRTIM 7137591950. P.03/10 • • 7. The principal place of business of the Surviving Entity is 200 E,Sasso Road,Sall Alitomq texas 78209. 8. Immediately prior to the Mager,MC owned ]00°%of the outstanding shares of Tsunami. 9. The Mena Lseffective upon £ilina. 10. The Articles of Incorporation of Citiasters shall continue unchanged ate the Mersa until changed or amended as provided by law. 1. As to each of the Constituent Entities,the Plan of Merger and the performance of its terms were duly authorized by all action required by the laws of the state under whioh it was incorporated and by its constituent documents. 12. BC,as the surviving corporation,will be responsible for the payment of all fees and franchise taxes of each of the Constituent Entities and will be obligated to pay such fns and franchise taxes if the same arc not timely paid. • • • • • • • metal • It AR-00-2002 1016 CT CCWOReTION 71.1fo91950. P.04/10 IN WITNESS WHEREOF,the undersigned corporations have caused the Articles to be signed by their duly authorized officers,on this 11114-dayof December,2001. YACOR.BROADCASTING OP CO&wolvW NC. By MAR-00-2202 10:15 ' CT CORPORATION 7137591950 P.05/10 Exhibit A , Plan of Merger • 377910.1 MFR-06-2002 10:16 ..C7 C0fPCRRTICN 7137591950 0.06/10 • • AGREEMENT AND PLAN OF_MERGER • This AGREEMENT AND PLAN OF MERGER('Plan of Merger")rode and entered •into u of the )9tLday of December,2001,by and between Tsunami Communications,Inc.,a Colorado corporation ("Tsunami"), and Alcor Broadcasting of Colorado, Ina., a Colorado corporation ("JBC'), being sometimes hereinafter together referred to as the 'Constituent Corporations." WITNESSETH • WHEREAS,JBC is a corporation duly organised and existing under the laws of the State of Colorado,and having authorized capital stock consisting of 750 shares of common stock with no par value(the"IBC Common Stoll.'),of which 100 shame etc outstanding; • WHEREAS,Tstmatm is a corporation duly organized and adstiag under the laws of to . State of Colorado, and having authorized capital stock consisting of 1,000 shares of common stock,with no par value(the"Tsunami Common Stock"),of which 66 shares are outstanding; WHEREAS, IBC is the parent of Tsunami, owning all of the outstanding Tsunami Common Stock; WHEREAS,the Board of Directors of each of the Constituent Corporations deems it advisable for the general welfare and to the benefit of such corporations and their reepedive. • shareholders that Tsunami merge with and into JBC pursuant to Sections 7.111-101 d Re.of the Colorado Bushiest Corporation Act(the"COCA'); WHEREAS,the respective Boards of Director's of the Constituent Corporations have,by . resolutions duly adopted,approved this Plan of Merges and directed that it be executed by the undersigned officers;and WHEREAS, it is the invention of the Constituent Corporations that the'Merger (as' hereinafter defined)'shall bda.tax-free reorganization pursuant to the provisions of the Internal • Revenae.Code of 1916,as amended; • • NOW,THEREFORE,bs consideration of the premises and the mutual agreements herein contained,the parties hereby agree,in accordance with the applicable provisions of the laws of the State of Colorado,that the Constituent Corporations shall be merged into a single corporation, to-wit lacer Broadcasting of Colorado, Inc, a Colorado corporation,one of the Constituent Corporations, which shall be the corporation surviving the merger (said corporation hereafter being sometimes tailed the'Surviving Corporation"),and the terms and conditions of the merger hereby agreed upon(hereafter called the"Merger")which the parties covenant to observe,keep and perform,and the mode of tarrying the sane Into effect shall be as hereafter set firth: • • • 371973.1 • MFR-08-2002 10:1? CT CZWCRRTICN 71sr391950 P.07/10 . • . • • • . - ARTICLEI EFFECTIVE DATE • If this Plan of Merge is not terminated and abandoned pursuant to the provisions of Article VII hereia&Articles of Merger shall be filed with the Secretary of State of Colorado. The Merger shall be effective)Pon ;Ling I (the"Effective Date'). On the Ef naive Date,the separate existence of Tsunami shall•cease and Tsunami shall be merged into the Surviving Corporation. • • ARTICLE If. • CERTIFICATE OF INCORPOR4TION:BY•LAW S' DIRECTORS AND f1FFICEg& The Certificate of Incorporation of JBC shall continuo unchanged after die Merger until changed or amended as provided by law. • The By-Laws.of IBC shall continue unchanged after the Merger until changed or amended as provided by law. The directors and officers of IBC inunedlately pdor,tp the Effective Date shall constitute • • the directors and officers of the Surviving Corporation immediately following the Effective Date. Such officers and dir%tors of IBC shall hold their positions until their resignation or removal or the election or appointment of their successors in the manner provided by the Certificate of Incorporation and Bylaws of the Surviving Corporation and applicable law. ARTICLE III f:ONvERSrt1N OF SHARES INTHE MERGER The mode of cattying into effect the Merger provided for herein,and the manner and basis of converting the shares of the Constituent Corporations,arc as follows: • 1. Each share of Tsunami Common Stock which shall be issued and outstanding as of the Effective Date shall be cancelled and redred,al rights in respect thereof shall cease to exist and no shares of Tsunami Comthon Stock IEC Common Stock or other securities of Tsunami or IBC shall be issuable with respect thereto. 2. Each share of IBC Common Stock which shall be issued and outstanding as of the Effective Date shall tcmain issued and outstanding. 3. There are no reasonable grounds to believe the foregoing treatment of the shares will render the Surviving Corporation insolvent, • • ]77971.1. h MFlN-08-2002 10:1? CT CORPORATION 71sr91950 P.OB/10 • • ARTICLE IV EFFECT OF THE MERGER,' • On the Effective Date,the separate existence of each Coasttluent Corporation(other than the Surviving Corporation)shall cease,except that whenever a conveyance,assignment,tmnslrr, deed, or other insnumcat or act is ueeeas<ty to 'vest property or rights in the Surviving Corporation, the officers, or other authorized rcprrxutativc of the'respective Constituent Corporations shall execute,acknowledge,and deliver such instruments and do such acts. For these purposes,the existence of the Constituent Corporations and the authority of their respective officers,directors,or other authorized representatives is continued notwithstanding the Mager. • The Surviving Corporation shall possess all assets and property of every description,and every interest in the assets and property, wherever loan mu ed, and the rights, privileges, imalties, • ty'powers,franchises,and authority,of a public as well as of a private nature,of each Constituent Corporation,and all obligations belonging to or due to each Constituent Corporation,aR of which are vested in the Surviving Corporation'wuhoht further act ordeo& Tide to any real estate or any interest is the real estate vested in any Constituent Corpotation shall no revert or in any way be impaired by reason of such merger or consolidation. The Surviving Corporation is fable for all the obligations of each Constituent Corporation, including liability to dissenting shareholders. Any claim existing or any action or proceeding pending.by or against any.Cons iment Corporation may be prosecuted to judgment,with right or appal;as if the Merger had not taken place,or the Surviving Corporation may be substituted in Its place. All rights of creditors of each r Constituent Corporation ane preserved unimpaired, and all liens upon the property of any Constituent Corporation are preserved unimpaired, on only rim property affected by such liens immediately prior to the Effective Date. ARTICLE V ACCQUNTINO MATTERS, The assets and liabilities of the Constituent Corporations;as of the Effective Date of the Merger,shall be taken upon the books of the Surviving Corporation at the amounts at which they • shall be carried at that time on the books of the respective Constituent Corporations,subject to such adjustments or eliminations of intercompany items as may be appropriate in giving effect to the Merger. The amount of the capital surplus and carried surplus accounts, if any, of the Surviving Corporation after the Merger shall be determined by the Board of Directors of the Surviving Corporation in accordance with the laws of the State of Colorado and with generally accepted accounting principles. ARTICLE VI ABANDONMENT This Plan of Merger may bo abandoned at any time before or after authorization thereof by the Board of Directors of IBC evidenced.by appropriate resolutions but not later than.tho Effective Date. In the event of the termination and abandonment of this Plan of Merger and the srrots.r a • • • MRR-08-2002 10'17 CT CORPORATION • 7177591558 F.09/30 • • Merger pursuant to this Article VII,this Plan of Merger shall become void and have no effect, without any liability on the part oft of the Constituent Corporadons or their shareholders or • directors or officers in respect thereof to the extent peiinined by applicable law. • • ARTICLE VII . AMENDMENT • To the extent permitted by applicable law,Tsunami aid JBC,by muwal consent of their • respective Boards of Directors,may amend this Plan of Merger in such manna as may be agreed • upon by them in writing at any tiro;provided.'however,winch amendment shall be made which shall affect the rights of the shareholders of Tsunami or the shareholders of JBC in a manner which;in the judgment of the Boards of Directors of Tsunami or IBC,respectively, its materially adverse to such shareholders,without the further approval of such shareholders. ARTICLE VIII FURTHER ASSURANCES • • If m any time the Surviving Corporation shall consider or be advised that any further assignment or assurance in law or other action is necessary or desirable to vest, pet, or confirm,of record or otherwise,in the Surviving Corporation,the tide to any property or rights of Tsunami acquired or to be acquired by or as a result of the Merger,the proper officers and directors of the Surviving Corporation shall beam they hereby are severally and fully authorized to execute and deliver such proper deeds,assignments and assurances in law,and take such other action as may be necessary or proper in the name of Tsunami.or JBC to vest,perfkx or confirm title to such property or tights in the Surviving Corporation and otherwise carry out the purposm of this Plan of Merger. • ARTICLE IX • COUNTERPARTS This Plan of Merger may be executed in multiple counterparts,each of which whoa so executed shall be deeued,to be an original,and such counterparts taken together shall constitute • but one and the same instrument. • • 171971.7 - . 4 • • AR-28-2202 10:17 CT CORPOIdiTICN 7137591570 P.10/10 IN WITNESS WIIERBOP,Tsunami and IBC, persia&to the approval and authority duly given by resolutions adopted by their respective Boards of Directors,have each caused this Plan of Merger to be atoned by its duly authorized officers,all as of tlta day and year first above written. TSUNAMI COMMUNICATIONS,INC., a Colorado corporation By: W.Wolf;vice JACOR BROADCASTING OP COLORADO, INC.,a Colorado corporation By: lord W.Wolf Vicc Presi • 377911,1 • - TOTAL P.10 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Longmont Title Holdings, Inc. 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: SEE ATTACHED JACOR BROADCASTING PARCEL CONVEYANCES(if none appear, so state): Reception No. 1512807 ,Book 591 Reception No. 1512808 ,Book 591 Reception No. 1512809 ,Book 591 Reception No. 2109281 ,Book 1165 Reception No. 2162926 ,Book 1217 Reception No. 2165132 ,Book 1218 Reception No. 2392815 ,Book 1446 Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a guarantee Title and the liability of Longmont Title Holdings, Inc. COMPANY,is hereby limited to the fee paid for this Certificate. In Witness Whereof, Longmont Title Holdings, Inc. COMPANY, has caused this certificate to be signed by its proper officer this 24th day of February ,20 06 ,at 8:00 a.m. Longmont Title Holdings, Inc. Company By: ru s/ 7.)1. Authorized Si nature t/ • Parcel No. 3 - Jacor Broadcasting Parcel: Part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 89 degrees 24' 20" East on an assumed bearing along the East-West Centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 degrees 00' 00" East parallel to the West line of said Section 33 and along the East R.O.W. line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 degrees 24' 20" East parallel to the East- West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 degrees 00'00" West parallel to the West line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 to the True Point of Beginning. TOGETHER WITH a 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The Centerline of a 20.00 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way, located in the Northwest One-Quarter of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, said Centerline of said 20 foot easement described as follows: Beginning at a point on the West line of Section 33, which bears North 00 degrees 00' 00" East, 645.00 feet from the West One-Quarter Corner of said Section 33; thence North 87 degrees 15' 16" East on an assumed bearing along an extension of the Centerline of said 20.00 foot access easement, a distance of 30.03 feet to the beginning of said access easement, said point being on the Easterly Right-of-Way line of Weld County Road #17; thence North 87 degrees 15' 16" East along said Centerline of access easement, a distance of 150.17 feet to the East line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. 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VOL1 a 44•'= x ±`tilt-# ft:, ?a won rruw t '.r: 's r,. + fit It fOLOT� � ✓ � • :�� k.7ski �� r � a - ��3''��€ � 1 z, E. tAauNtT e:.0, .-.C-'yi+' -r .:�-.t"-+ i, �� q 'ti L.,.:::.'.1.;, ..... / Y. f'd T•, 'l+ _ V vim. �¢LJ, r T` t ₹i s 1' r +JE § F � n ¢ 5'77 ,« W x. -1 4JJU9,f • . sraa ><««a:c #�k - 'c 0TO h . . _.. ✓ 16 F x i HECOZDTOS STAIR • ,. .t t TmsDHm. Mdathb 9fL. .•a& JANUARY �. » .3,67 a. IRVINO 7. LUDLOV & CO AI PARTNERSHIP r` Y C•M*et BOULDER Ina Sab d � fa \ 4nd,.dWsnt,.atd THE LONGMONT NATIONAL BADE, A. i >' + - .. ` a' .r NATIONAL •ANRI xG ASSOCIATION OF LONGMONTo -,hr,-77'77fY 4 2; �' j//`} t, I COLORADO. 'TNIIING A . rfaS� -.�, .# .,,₹„'4 ” i i `It o• e.irlial�dn adby gktae la bs.KiM&.aw! i P , e 1 alas mood Mat . f € ,� f' RtaNWTna_H.Tat W alt Mat Y. d l Mp. t4 myna .doss,d W Ns of 9 e ' iv TEN DOLLARS AND OiMER GOOD AND YALUABLC,«CONSIDCR*pat..'I ONE>q$'DD RLx?..� '• a W nld party d W flat Mat S had laud bl the w Nab d W aed W T M$wl...d a a. 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I TO HATS AND TO HOLD W W p d.."en baax.bd d doomed.will.W.hmbe vea.vase for t _. aid Mal d Wk dl bRS'A D-tam.tAM lbs alt party=%s',K I Hat past La ' I T.dr,IT! s —' d•Cs*�'aa.RL LnM.I.mI:m1.a+.ad.Iu I I"Nab d a.aeewd Mat I4 saaaaaa d Arts.rt'that at W Was st W eaatbt d so. d an•M.eab. I I I i weD abed of W M.flba..Nn_••,,. ,pa 4 t.d..n..petal aad.b d ) 1Jda.6b.Naa d tdMae.b law,a to.LDM ad a S`,tad rlsl.4 t.1 Da•n .k.M.r W lob a 1' l...tag.y..fldn.ao Wrw la ha lad area duea4.ad that W a s•an 4a.d dretras I 'r j dtfl.aW.tha ll..a,banb..rbtn•�a.a..a.m.bdveoaotw et whatever l.bdartme • it ♦ y aIn• CICC1T EASEMENTS, ENCON ORANGES AND R G S OF WAY:OFD, RECORD tit Y tt i [ AND TAXES AND ASSESSMENTS IORR1967{AND•'l { u'tR1 . C Rs. S a:µ� I'•.- r A e?' I 1 ..'- , sal W.ben bal.ad l.sb'a b W Rat d 1a•�Ka1 laaedw ' the aY Dal,K anal Wt Ib „t^� . ' I saDo.aw.aba..Gloat a,d.nb„not at pima,baton,°teal a a claim 1M wb.R K aq Dal 4 w s• • .r Oaed.W alt pad Y Litt.,W fink raft d win W MID P0ISYSID- - =. n r IN 1LTTNISSf t ZOP•Rba.•d r.tY r i m0 '" S ,,,:,' L� t ., d ant IR°618.1MaDat.b•t.sputa; m.s.&seldd DaHnNaWHwetd re. p.1111., . d.a [BEAU �i.,f I RwjCR! 1 �f �""( (SHALT Ike t '.. 3 4AA4f'r"'-ems-' a A ' sEAL3 "44 I _: ro RA PA_ ` RCRE 'NillER � RA'Z'Z OF COLORADO ` �7i a ,` t .�' ;fir ' w 'Al ant r �� eraDae .. get bd J�,,�% -,c-- '+ ,..1 � ,t; ( f 4tr'.o7� �� t "3190:: [ f 'g. "u' ''y i 4'44, k•'�.,s i*$`'!:- Pilhiciiikillaed °Mad•••L' if Of co...tc./ arid") xr.rw{ t,tk'si'wIa.lf7.tTWYRsm»WV nit-N. Rraia mAaaMaw--mP aObaa�?.'. a£`a �& I r 4. Y x`. •b y f. k £ f ,I. 'Ft. 3 R a" ♦ S `4 • I1 -v. , • *' N -: .-1: r • 1' yi nn f[B i 1968 ;Oct tt..e.e.e a_��_. -+doct__LT y_—._—_ - 1512547 ..""sows a.•a.ae. SJl a ..d a x. -- RECOsass•a arm — 'FH1s aDnua. yade tbv in the year of oar lard one thooeaed 4 January �? . nine handed ied sixtyy-NATI AL(1 BA) mq �. •_ bp„ea THE IANCHOKI NATIONAL BANK, a National "'K I3 r • Banking Association of Longmont, Colorado, • a Trustee Comp d Boulder and ao °f �` and Suckle Farms, Inc., ao1 ): Suw of Colorado,rai d the firs pin' - o a corporation organized and existing under and � • we by virtue of the d lava of te•tho the State of I..bW.u.a[Celeado,of theUN 8 ea meted Colorado ' es .e nd pan; of the tint part, for and ;n tonadeaden of the sum of _ r WITNESBETII.That the aid piny :• we 'r2 othet good and valuable consideration and TEN ($10.00) Do0an, •..'�,• of the fiat part. In pmM paid br the aid party �of the second Deft, the - V ^ to the said party massed • sad wham - ' has graavd,bargained. sold and conMed, 0 receipt whereof Y hml7 eeLL alley and confirm mu tW Wd party of ad b dose ,seat E tame,all the'•Damn keerked bat or panel a its / "� (•,00a of Weld sad o of awed pert, in Ow' of la.,dtuu,iflna and his Stntr of Coluadm 10-Witt . ,f• .1.t"• An undivided one-fourth (1/4) interest in and to: , of Section Thirty-three (33) in `a13'. The North Half ) ."J Township Two (2), North, Renge • . . •. . SLx[y-seven (67) i,: '' West of the 6th P.H. , together with all ditch and o water rights appertaining to said premises; except . -- s` all easements, encumbrances and rights-of-way of _.'•, !� record; and except for that certain dparc lD conveyed edn : .' ./. U. to Public Service Comp Yo o recorded October 24, 1966, Reception No. 1496279, co `•�: • Book Nc. 574; and except mineral reservation Ln UPRR to Deed recorded May 15, 1891, in Book 97 at Page. 490. • A. r d.eanm bdanglag. o , • Together with all and dngnlar the hksditamam and appur and tenances the,rents.hems and yrn9 _them-_55 A t of;sad all end the mown end wanks*+^ad demand whatever,of the pad party of the ' • .1. d: all the eaet, right, tick interact. bargained premiseswith the heredltemente I ..' :.• tap stay "either b kw or epand d, b and u the proms ebcn bargained and described, with the ', •-i" � and appartavaera: To Han end To HAW Mee said premiss • .:'_ . snarta„e,aer.fe 5uckla Parma, Inc., its euccessort the said party of the second Dart. I : heirs and hado@ens The Longmont National Banrn. k, Trustee, su��es sore • 1 :, end the say petty d the tint Dent.ter it self its / Y►.e,+ea•teeetand ..'• . ...: asst.Kns. deg want,bargain and agree to end with the said party d D•^tithe • 1et, Suttee win.,the aben be ifle,�o��`r_in the Viet m po�e4cn of add platy d M sscmd part, its / 'w'�' 'thereof,by,the,against m un ell der es anti pea et perms*Lrwf5El adman or to claim the whole or aW DBPSND. o - .. _ the maid pertY o tbe f rst pat to WARRANT AHD POWER hers®m est its a Dt WITNESS WHEREOF,The aid patty d the first pert p -I .. ang sad weal the day and leer first elan written (ldEAlq I - feast-.na-Ddie.s+ie lbw THE TRUSTE II By L .` , l I..- Cashier J • • : J` .. • • _ "-[SEAL) / .... Y ATE or coWORADO, �. . • .. to■aaI' r ......e'"' Cevap et Boulder eD January Tl. et °j"Aeye� as Pres dent�and Ina by ' ♦'� a +Ipe Longmont Nations Bank, • A. » ._ _ A„C��c�n..‘w , Jasa lath .0. Altar _ ..• �.oi cgte _ ~••••tory•A �e+waee L ; e omen SW pan a•a•a Is . limbs teeeat wank.`' ,- Pt Casa.tw+ee.ra..wneowsrelaete �pl a l . f�'f b' :c'l . h / • ;• , t - t lr:. o .cog R.a.dd.t 0\ sees e•si ek.A`_Y, FEB 7 BEB .. 591 Rteptoa Ne ._....1517808 ..rd stoma Rae eiea. inc. :. \.".\t RECORDERS STAMP ' Tins DEED, Made a.... './.6- day or January • It 68 b.t...n Frances L. Griffith, formerly kg Ies Ida Frances Griffith and as Ida. Francoa4lj o0 c mty of Arapahoe and State of Cole• de,of the not part end Suekla Farms, Inc., ' n oo co ,i adeang see.t sad bl virtu*of is.laws of the State of Colorado , -C rj inTNiainit 1Lt the mid party of the tint part, for end hi e'mdderetion of the sum .f ! ie1 OTHER CLOD AND VALUABLE CONSIDERATION AND TEN ($10.00) DOLLARS I • `:F•.. .e i t. W.aid party of the lint pert b band paid by the said party of t e second part,the receipt whereof is ,p : her.7 gar yid .ch and newiedrd,has granted,barpineeg meld sad conveyed.and by thee presents do e S '• o i! rag hoorah. • 1.miry and toe.le.unto the said party of mead mc part.Ito tsaressen and miens forever. .. o ea a the lease a described lot or parcel of land.@lab,lying and being In Om I e • o Comity a Weld and State of Colones,to wit: A.. undivided one-half (1/2) interest in and to: II The North Half (N1/2) of Section Thirty-three (33) in I Township Two (2), North, Range Sixty-seven (67) west of the 6th P.H., together with all ditch and , water rights appertaining to said premises; except I L all easements, encumbrances and rights-of-wav of .I record; end except for that certain parcel conveyed r• to Public Service Company of Colornso by Deed • recorded October 24, 1966, Reception No. 1496279, Book No. 574; and except mineral reservation in UPRR Deed recorded Hay 15, 1891, in Book 97 at Page 490. TOGETHER with allsad singular the ep hereditament@ and psrt.esacee lhenuete belonging or la earth* I _ eppr4Aheg,and the rmmlen and reversions,remelnder and esti:den,nuts.Woes and profits thereof;end all . the estate,sight,title.lterert slim ad dor d whenever of the said party of the fiat pact,either in la. or equity.at,land to the Jove bargainel m anima.,will the Mndaam.ate and appurtenaoea t . . TO HAVE AND TO HOLD the said puma.oboe,barnla.d and described,with the appurtenances•cote the -sees '- ea-party-et the sad pert ha seetwon and sesym fanner.Ad the said arty of the Mt Part for • `♦ her ..if , her b.hm,emulous sad adnbla-st ,tea aev.rttre ft barrels adog ta ag and with • ' the sail arty.f the mead pert W sowers and sake.W t at the this of the a usallag ad delivery of I ,them p.. she was well seised cf IS M.prems above eo ..ey.d,a d mir e,n,perfect Oxidate ate I •' II bddvea Maritsa;estate of In,I.fee d W simple,and god right,fell power sad lawful*Weft to ge' II pa `"a"tell and .. rant S. ..l reartd w tut form m derma t a........an free ad gar from t II afore..and od a Paw.Hopi..,salsa,airs, as•team, sst.W as.aabraec.a e whatever hid natureor ture • 1 ....es, Except for all general taxes and assessments for 1968 payable pJanuary 1, 1969; and Except for all easements and rights-of-way •• of record. it It w the den ban.laad realms In the a slat sad pinged peseaeia of Ow eald party of Om seated an. Eta I II .eeacesere ad udgre.gnat as and every;eras or wpms lawfully slaving or le claim the whole er any part •• II Send,the meld party of W arm pan OA ad will WARRANT AND FOREVER DEFEND. II TN WITNESS WHEREOF.The aid party albs lint part has hereunto vet 'OE hand .. I ad mai the in and yam lira above write. .. '-s I Signed.WW W Down d In We Freer of ti�.i2,,ia_Ce f/—•�feuLl i 'I I Frances Gruff tN / , I CANS.Fran es GOfi II Idaes Lu .SEAL] !I MATE OP COLORADO, CITY & coaty of DEEPER I a .. ' I The foregone Ww..g(„trne ea_ra.tdsrd bfon me tide 15Th day of January Lt 66 .N YrenG 3..--Cr £fith, formerly known as Ida Frances Criffit �['� II and as Ida FY �•'vd} it My ammleon: v1%40 ; ( .rd _Jf • _ TlTTNEBS sa}lid sit. V ` . j •-e•''¢^ A MT iommisslm?puttsMrrth 8, 1968 rrr rwww I No.set wuurrr raa—pm ms4...w Fag —Swam.p,tYle 6..Inay sat Sae.D,e,..WaV p e 1 . y.. __ . _ ..a s!#t,alre l ,r4. ppe HP A FEB ? 1968 Q591 ta..as a_.1.1_ sat y 1512509 Memo r .; n • e.a K. Min bon..law* ca —/ EXECUTRIX'S DEED THIS INDENTURE made this Ma day of January, 1968, by and ' between Elizabeth T. Ludlow as Executrix of the Estate of Irving T. . ,, a o•Ludlow, also known as Irving Ludlow and as I. T. Ludlow, deceased, �• r'"• o,Grantor, and Suckle Farms, Inc., a corporation organized and existing • m under and by 1.irtue of the lays of the State of Colorado, Grantee: N WITNESSETH THAT, WHEREAS, Grantor is the qualified Executrix t °' 14- - UN rounder the Last Will and Testament of the above-named decedent, which e,was admitted to probate on January 30, 1967, by the District Court y "w in and for the County of Boulder, State of Colorado, Estate No. 11374; :•'.l ' �;;?;':, " and + n o "$ 0 WHEREAS, Article Four of said Last Will and Testament e a c• provides in part as follows: AR_rIci-E FOUR • 4r,' '. k; i APPOINTMENT OF EXECUTOR . '"• , N I hereby nominate, constitute and appoint my wife, Elizabeth ::4 T. Ludlow, as Executrix of this, my Last Will and Testament. '• - : In the event of her failure, refusal or inability to perform, f I y I nominate, constitute and appoint Thu Longmont National Bank, ,v Longmont, Colorado, to serve in her stead. No party named �.. . r a herein shall Se required co furnish bond to secure the �`•' faithful performance of her or its duties as such legal .E.=1cY,. representative. : e 1 '• * * * I further expressly direct that my legal representative shall have the same powers as have been granted to the Trustees ,..�',: • 1, under the terms and provisions of the IRVING T. LUDLOW TRUST. � ,). Such powers shall be exercisable by my legal representative without the necessity of application to the Court. •�c * * * AND Article Eight (General Powers and Duties of the Trustees) of the � �•. �° • . _ Irving T. Ludlow Trust dated November 19, 1962, as amended by First f' I Amendment to Declaration of Trust of Irving T. Ludlow dated October 13, 1964, provides in part as follows: ARTICLE EIGHT •' 'r,' �•'. i::•. GENERAL POWERS AND DUTIES OF THE TRUSTEES ::.._�,•_•' To the extent the same do not conflict with the General Instructions and Limitations detailed in Article Seven, my •��' Trustees shall possess as to the trust estates created or provided for by this trust the following additional powers and duties: 1 y „/ Section 8-1. To take full charge and control of the • 1 _ property of the trust estates; top , manage, control, H< c�ti • . sell, transfer, assign, grant, convey, exchange, lease, rent, .j . 14c; • 300 . t qa • ' 1A i, / • - 4 ' .. t' 1511809 'sl% a t .p' 591. jf ' — • option, abandon, mortgage, pledge, or otherwise encumbe, or o• (i dispose of any or all of the property of the trust estates, or any part or parcel thereof, or any substitute therefor, ' upon such terms and conditions and for such purpose or • �' purposes and for such consideration and for such period, - . I.. irrespective of the life or duration of the trust, as • .,� they dean for the best interest of the trust estates; and :•-: ''�,�-'• to execute, acknowledge and deliver in this regard any and • .. all instruments necessary therefor, and to have as to all -\, ' ' of such property all of the powers that natural persons might exercise in relation thereto if it were their own. • _It:';`f * * !r ir• NOW, THEREFORE, pursuant to the power contained in said Will, and for a valuable consideration, receipt of which is hereby acknowledged, the Grantor does hereby sell and convey unto the Grantee, Suckle Farms, . Inc., its successors and .ssigps forever, all the right, title, interest • .1r..y`.::- and •.+stare of the said Irving T. Ludlow, also known as Irving Ludlow , ` _ .. ,. . • and as I. T. Ludlow, as if sold or conveyed by him during his lifetime, .i;-• ;� in and to the following-described real estate situate, lying and being ‘,• • in the County of Weld and State of Colorado, to-wit: •'r� �.; 9n undivided one-fourth (1/4) interest in and to: . ."i:Y. The North Half (N'f) of Section Illirty-three (33) l'\ in Township Two (2), North, Range Sixty-seven (61) ! l�TO. West of the 6th P.H., together with all ditch and Fy' , water rights appertaining to said premises; except ` all easements, encumbrances and rights-of-way of •':`'y' 'a'' record; and except for that certain parcel conveyed �•'. i3'. ',.� to Public Service Company of Colorado by Deed recorded ' •• October 24, 1966, Reception No. 1496279, Book No. 574. , ,{: . / . 4. TO HAVE AND TO MOLD THE SAYE, with all the appurtenances ' .�, [hereunto belonging, or in anywise appertaining, to the proper use, benefit • b�. and behoof of the said Grantee, its successors and assigns forever '••,• . • . r - except easements and rights-of-way of record; and except all general taxes and assessments for 1968 payable January 1 1969• and except mineral reservation in UPRR Deed recorded May 15, 1891, in Book 97 at Page 490. a' !^ ' ' IN WITNESS WHEREOF, the said Grantor, as Executrix of said • <, - Estate as aforesaid, has hereunto set her hand and seal the day and ' year first hereinabove written. Eli ab Lud w as Executrix r�y of the Estate of Irving T. Ludlow, - `z also known as Irving Ludlow and as -,• ,.'i r I. T. Ludlow, deceased. I STATE OF COLORADO ) 1) ss. ' �\ CITY AHD COUNTY OF /'' ycr,.•../ ) - w 0. T. i7 • ' •'` 4 • . �t foregoing instrument was acknowledged before me this 42.0 ', ' ,' ' p + k%1AiJnuer}, 1968, by Elizabeth T. Ludlow as Executrix of the :� • A e ing T. Ludlow, also known as Irving Ludlow and as B. deceased, i • , .w •r ' � • It 4 t er f�?&noes ay6r� end and off ici 1 seal V Ny 6t117"9"$I6n expnesp 1' ' .,�!•' a -� On • i.`---- x� Notary Public r • P .. �. . rt � , • 1 frti I. ' • • r. r • 2 y •.fi t 1. k- ''.crosuua ja:m M:t..( .. ! 1 ( i AIt21 U`1Pf1y B 1165 RFC 02109281 08/04/87 11 :42 66.00 1/002 • F 1099 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO • WARRANTY DEED I1lls 111 I t) \tide on. 31st 1:) "I July .1087 - hcAent ;a_Y-it rms,:no , Colorado Corporation I a fog canon ,,rganmcdanl CNIsIllIU mid,lug titidera rid he cute of the law of the State of Colorado manor.:ml sk Surrey Front Range Limited Partnership, a Colorado) State Documentary Fee Limited 4/4 7 d Partnership Dote._!).............------ ";"'`e re -I'dd » 165 S. Union, Suite 606, Denver, Co., / i . '' p 80228 , al the 'County of Lae n tier— .Statedf Colorado.grantee VlTNESSEIlf.l hat the grantor.lot and me n tderai ion of ONE HUNDRED TWELVE THOUSAND EIGHT HUNDRED DOLLARS AND NO/100THS J)OI1.ARS. the receipt and sufheieney of which is hereby acknowledged,has granted.bargained,sold and cnnveytd.and by these presents does grant. bargain. sell. fonsey and confirm. unto the grantee, his heirs and assigns forever. all the real property. together with �r mpnwements.'f any,situat .lying and Ming in the County of Weld ' • .s Si State of Colorado.de scrilxd as follows. I SEE ATTACHED EXHIBIT "Alt dm known by street and number as. Vacant Land • 'IOC EIDER with all and singular the hereditantenls and appurtenances thereto belonging.or in anywise appertaining.and the reversion and rescrsions.remainder and remainders,rend.issues and profits thereof.and all the estate.right,fide.interest.claim and demand whatstwser of the grantor.either in law or equity.id.in and to the:hose bargained premises. with the hereditament.and appnitenansts. TO T DAVE AND TO 1101.1)the said premises above bargained and described with the appurtenances.unto the grantee,his heirs and assigns litrecer.And the grantor.for itself.and its successors.doc.cc enam.grant.bargain and agree to and with the grantee.his heirs and assigns.that at the time of the ensealing and delivery of these presents.it is well sei,ed of the promises above eonveyee.has good. sure.pm lest.absolute and indefeasible estate of inheritance.in law.in fie simple,and has gm xl right,full power and an horty to grant. LmgAn sell and cnsey the NJIIICin manner and li pun as aforesaid.and that the att arc tree and clear Intro all1 toter and.t het grants. bargain,.sales.hens.s.(ayes.assessment,.encumbrances and restrictions ul whatuu kind or nature soccer.except I,In_ neral real estate taxes and assessments for 1987 and subsequent years; resew-. His, restrictions, easements and rights of way of record if titre, ana a; eser ing unto the party of the first part(granter)ail riin, t, tr and tor ee might to all minerals of whatsoever kind or character, upon, be produced from the herein described land. .,- nerns� , t The grantor fll and ill W'ARRANI AND FOREVER R DEFEND th ah t bargained premises in Ih• qu peaceable1 possession of grantee.his heirs and assigns.against all and every pecan irt persons lawfully claiming the wh l :nstnrrthereof ti .,I he singular number shall include the plural the plural the ingular and the use t f any gender shall he applie c t ;enders/ I!I A IN WITNESS WHEREOF.The grantor has caused its l._....corporate name to he hereunto subscribed by as i—0 e Secretar the day and year hot O I'msident. and its corporate seal lobe hereunto aflised. attested by its ) abase written. ^iu Attest YO '� �l 4..9)%e�� Suckle Farms,Inc., a. Colorado carpOration '1 ...also• '�� DQ ` FRANK II) J_r St\ft OF COi(1RADta County pi T hanta iitfftnatinent is ae Amos'edged before me in the County of .This d'ytl Jt., ./ SfSU,4 nt {y, i SG2;{tLr1 FA ,,TNC ,A COLORADO CORPORATION BY: FRANK SUCKI,A PRESIDENT . iwtrigAil0Dikr ' k. µlac: W)b'Oend QIA el cad. J' tend, is rlGhl R2sd tr n'irfa'u-and." 4nT•.Or Cs, 5� • B 1165 REC 02109281 08/04/87 11:42 J 6.00 2/002 • F 1100 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado,County of WELD • Described as: Part of NW: of Section 33, Township 2 North, Range 67 West of the • 6th P.M. , being described as: BEGINNING at the W: corner of said Section 33; g est ltheneinecofN said4 Secctionn 33n aa distance bearing assumed cf180.00n feet e to a the TRUE C TRUE P0INT OF BEGINNING. Thence N00°00'00"E parallel to the West line of said Section 33 and • along the East R.O.W. line of a 180.00 feet R.O.W. for Public Service Company, a distance of 1500.00 feet; thence N89°24' 20"E parallel to the East-West Centerline of said Sec- tion 33 a distance of 935.00 feet; • thence 532°41 ' 19"E a distance of 1416.40 feet; thence 500°00'00"W parallel to the West line of said Section 33 a dis- tance of 300.00 feet to a point on the East-West Centerline of Section 33; th ence 589°24' 20"W along said Last-West Centerline a distance of 1700.00 feet to the TRUE POINT OF BEGINNING. is 6 AR2ye2926 - B 1217 REC 02162926 11/23/88 16:12 $6.00 1/002 F 0138 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO - ..CORRECTION WARRANTY DEED Recorder'sStamp THIS DEED, Made as of July 31 le 8 7•between Suckla Farms. inc., a Colorado corporation a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first part,and Surrey Front Range Limited Partnership, a Colorado limited partner- ship, 165 S. Union, Suite 606, Denver, Colorado 80228 of the City and county of Denver and State of Colorado of the second part: good and valuable consideration WITNESSETH,That the said party of the Drat part,for.tai da aeneidevacioa`ef'theaam-of OOldsfenSt of the second part,the receipt whereof is bo the said party of the first part batagrrant d by the ntd part y and by theme presents cloth grant,bar- gain, here- by confessed,s ,co and ad conledged,hate granted,bargained,sold andon , its heirs,and assigns gain,sell,convey end confirm unto the said party of the second part, / for- ever, all of the following described lot or parcel of land,situate,lying and being in the a County of Weld and State of Colorado,to wit: • See Attached Exhibit "A" This Correction Warranty Deed is executed to correct legal description of property conveyed by Warranty Deed dated July 31, 1987 and recorded August 4, 1987 in Book 1165 under Reception No. 02109281 in the records of the C Cleric and Recorder of Weld County, Colorado. y i r` TOGETHER with ell and singular the hereditamenta and appurtenances thereunto belonging, or In anywise appertaining, and the reversion or reversions, remainders, rents, lames and profits thereof; and all the estate, .a right, title, interest, claim and demand wtjtsoever of the said party of the first part,either in law or equity,of,in and to the above bargained premises with the beredltaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the O said part y of the emend part its heirs and assigns forever.And the saidN. v party of the first part,for Itself, O and its successors,loth covenant,grant,bargain,and agree to and with the said part y of the second part, Ib its heirs and assigns, that at the time of the ensealing and delivery of these presents it is well Itib seized of the premises above conveyed,as of a good,aura,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and bath good right,full power and lawful authority to grant,bargain,sell and convey the s e in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales.liens,taxes,assessments and incumbreneee of whatever kindornature soever; except the general real estate taxes and assessments for 1987 and subsequent years; reservations, restrictions, easements and rights of way of record if any; excepting and re- serving unto the party of the first part (grantor) all right, l and nd ,rte or under in and to all minerals of whatsoever kind or character, in, upon, that might be produced from the herein-described land, and the ahnve bargained premises in the quiet and peacenhle possession of the said part y of the second part its heirs and assigns,against all and every person or personslawfully claiWARRANT AND FOREVER or Do c aim he whole or any part thereof,the said party of the first part shall and will IN WITNESS WHEREOF,The said party of the first part bath caused its corporate name to be hereunto Vi Ki s. President,and its corporate seal to be hereunto affixed,attested by its / Secretary,the dst-IZdy ar first above written Suckla Farms, Inc y, a Col/ erode Attest, ry corporation /i .�?� J . Vd'•" -eV91. 9J.Vp� By d_ .�j jIe �Cf�stase Frank S ckla its STATE OF COLORADO,. lss. The ' .. County of_ I ; '.,:�.'4 Nt. day of ,je en7/Z.C. , foregoing instrument was acknowledged before me this -• L\- i��.Oo, ,LPresident)nd 19 88 Suckla ;� -- ,by Frank - v ''. Secretary of •�''(t.i� J�.-%1". ". acorporation. Sochi:. FZr.•�s, Inc., a Colorado =Nsq.,f__l •�S : U . My notarial commission exp.ro}. "E,. [Y;' [ ' S � t_ /aX 6J Witness my hand an 1 r; CI 2 r se -- ;,:-.,(..e.„ �F incr., � �,4: ..,i / pear,reaa.. ClI4 _ v R• 1217 REC 02162926 11/23/88 16:12 $li.00 2/002 F 0139 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" TO CORRECTION WARRANTY DEED Part of the Northwest Quarter (NW1/4) of Section Thirty-three(33 6th 1 P.MO. County wofo (Weld 2) North, State s of e Colorado, being?) West of the described • as: • Beginning at the Wl /4 Corner of said Section 33; • thence North 89 Degrees 24' 20" East on an assumed bearing along the East-West centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00 Degrees 00' 00" East parallel to the West Line of said Section 33 and along the East R.O.W. Line of a 180.00 foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 Degrees 24' 20" East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 Degrees 41 ' 19" East, a distance of 1416.40 feet; thence South 00 Degrees 00' 00" West parallel to the West Line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 Degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 feet to the True Point of Beginning. ,:x) T. _ B 1218 AEC 02165132 12/15/88 11:42 $9.00 1/003 I. AR2165132 F 2156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RECORDERS STAMP THIS Deli),made this 12th day of December .1988 between Surrey Front Range Limited Partnership, a limited partnership --- _-- Iranfbyvirtueofthe aws - / F°' o"wryRnaawn 1 If orloria d andexisting i ? /7 vp of the State of Colorado of the first part,and APB Broad- _.. P .. casting Company, Inc., ••- a corporation duly organized andexisting under and by virtue of the laws $ .-.-_t �/-=_u.Q..__. of the state of Colorado of the seconi part whose legal address is 161 North La Brea, Inglewood, California. - - µITNESSETII,That the said Party of the first part,for and in consideration of the sum of TEN and no/100 '' ($10.00) Dollars and other good and valuable consideration onsf derat pa t the receipt whereof is hereby to the said I y of the first part in hand paid by th•said ty presents does whereof grant,i bargain, con fessd l and acknowledged,hath granted bargained,sold and conveyed,and by these pr • sell,convey and confirm,unto the said party of the second part,its successors and assigns forever, Coral County the ld following described a,1,arcel of land,situate.lying and being in the and State of Colorado,to-wit, • See Exhibit A attached hereto and incorporated herein. • r oa�d _ t. (11) i 0° LSD' -d-^^"^`^^'en"'"'nha...4. improvements and fixtures, constructed or located thereon, the TOGETIIEIt, with all and singular theinircilitaments and appurtenances thereunto belonging,or in anywise • remainder andremainders, t. Is. and profits thereof:and all t I - r, title,the n I t f tl f t part.either .law or • the estate,right, I and demand whatsoever f the said I I > e• with the hereditament' da appurtenances.ri , Ty lI in u NI)the abovebargainedpremises, with then appurtenances un ti he said Tf11L\YEr\VDTC 1101.1)the said premises above bargained and desvilaJ,w pPu• party of the second part,its successors and assigns forever.And the said• I nl.Kraal.bargain and agree to ,m t he '. I .'r 1 tb covens n pat of the first part. , itself.its successors' signs,that at the time of the ensealing 1 delivery I '.e said party of the second part, its successors arid yell • presents it i„ above convdyed,asof coml.sure.perfect.absolute and indefensible tai of inheritance, well ',in f fee sim le..anal inbclaanre.,in howl in simple.and loath good right.full power and lawful authority to grant.bargain _ell and convey the same i and form aforesail and that the same are free and clear from all former and otine grants.• bargains,sales,liens.taxes.assessments and incumbrances of whatever kind or naturesuever except those items shown on Exhibit B attached hereto and incorporated herein, and the 1 bargained premises n the quiet und peaceable possession of the said party of the second part t and assign against t all arid every person persons lawfully claiming nr to claim the whole or any part • thereof,the said parte of the first part shall and will\y ltltANT AND FOREVER DEFEND IN-MID ESS w'IIEItF..OF, The said party of the first part hath [Wised its 4Nr.rna name to be hereunto ,wIlM y, :us' T - M ritt"n,.rannr.apr.n SURREY FRONT RANGE LIMITED PARTNERSHIP, rig i debitllaha leroranalarffianhiateafool ay go, General 6 the dav nrl�J"-:, rat above written. a Colorado limited partnership qg�r L?O:AL1� „ : By: SUN BROADCASTING COMPANY, an Oklahoma : $- . corpol t oil, :porn' Fortner _-_ ..r.d. r J., Ktnt Nichols, }R / 0 r r'c.ATFOR C0t01t A DO City and__C u ty of _Denver . The foregoing instrument w ck wledg d before me this 12th clay of December as I'ra•sidentoa� th 88 Why J. Kent Nichols as General Partner,y,R.a....6 i. of Sun Broadcasting a mit an Oklahoma oaPoration Colorado limited partnership. • of Surrey FrontRange Limited Partnership, e.a.R+ar..a - ...kC h'Hy notarialer . I r r C Witness my hand en I rfficlairmr o� J R)XItAS'1T UI EI nrpnr 1 arch arprYi Ru! J i.ninr. +•n n.e. A. _ n—"'re x... Ce; B 1218 EEC 02165132 12/15/88 11:42 $9.00 2/003 F 2157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" K) TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APB BROADCASTING, INC. • Part of the Northwest Quarter (NW1/4) of Section Thirty-three (33), Township Two (2) North, Range Sixty-seven (67) West of the 6th P.M., County of Weld, State of Colorado, being described as: Beginning at the W1/4 Coiner of said Section 33; thence North 89 Degrees 24' 20" East on an assumed bearing along the East-West centerline of said Section 33, a distance 1. of 180.00 feet to the True Point of Beginning; � .. thence North 00 Degrees 00' 00" East parallel to the west Line of said Section 33 and along the East R.O.W. Line of a 180.00 _ foot R.O.W. for Public Service Company, a distance of 1500.00 feet; thence North 89 Degrees 24' 20" East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32 Degrees 41' 19" East, a distance of 1416.40 feet; thence South 00 Degrees 00' 00" West parallel to the West Line of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89 Degrees 24' 20" West along said East-West Centerline, a distance of 1700.00 feet to the True Point of Beginning. TOGETHER WITH a 20 foot access easement across an existing 180.00 foot Public Service Company Right-of-Way: The centerline of a 20.00 foot access easement across an existing 180.00 foot Public Services Company Right-of-Way, located in the _ Northwest One-Quarter (NW1/4) of Section Thirty-three (33) , Township Two (2) North, Range Sixty-seven ("671 West of the 6th Principal Meridian, County of Weld, State of Colorado, said centerline of said 20 foot easement described as follows: Beginning at a point on the West Line of Section 33, whit.`. bears North 00 Degrees 00' 00" East, 645.00 feet from the West One-Quarter Corner IW1/4 Corl of said Section 33; thence North 87 Degrees 15' 16" East on an assumed bear_ along an extension of the centerline of said 20.00 foot cess easement, a distance of 30.03 feet to the beginning of _-id access easement, said point being on the Easterly Right-of-way Line of Weld County Road #17; thence North 87 Degrees 15' 16" East along said centerline of access easement, a distance of 150.17 feet to the East Line of said Public Service Company Right-of-Way, said point being the end of access across said Public Service Company Right-of-Way. 6 ; EXHIBIT "B" TO WARRANTY DEED FROM SURREY FRONT RANGE LIMITED PARTNERSHIP TO APB BROADCASTING, INC. D 1218 AEC 02165132 12/15/88 11:42 $9.00 3/003 F 2158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1. Taxes for the year 1988 and subsequent years, not yet due and payable. 2. All coal that may be underneath the surface of the subject property also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be developed upon said premises and for the transportation of the coal from the same, as reserved by the Union Pacific Railway Company in Deed recorded May 15, 1891 in Book 97 at page 490, Weld County Records. 1. Oil and gas lease dated February 14, 1970, executed by Suckla Farms, Inc. , as lessor, and T. S. Pace, as lessee, recorded March 19, 1970 in Book 622 under Reception No. 1544067, for a primary tern of Five (5) Years, and. as long thereafter as oil, gas, other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. NOTE: The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown in this policy. An Affidavit of Lease Extention of the above Oil and Gas Lease was recorded November 2, 1971 in Book 656 under Reception No. 1577928, weld County Records. 4. Development Standards as contained on and matters disclosed by Special Review Permit Map recorded December 15, 1987 in Book 1180 under Reception-No. 2124999, Weld County Records. 5. Reservation as contained in Deed from Suckla Farms, Inc., a Colorado Corporation to Surrey Front Range Limited Partnershp, a Colorado Limited Partnership, recorded August 4, 1987 in Book 1165 under Reception No. 2109281, Weld County Records, which reads as follows: "excepting and reserving unto the party of the first part (grantor) all right, title, and interest in and to all minerals of whatsoever kind or character, in, under and upon, or that may be produced from the herein described land." 6. Terms and conditions of a License Agreement between Public Service Company of Colorado, a Colorado corporation, and Surrey Front Range Limite: Partnership, a Colorado limited partnership, dated November 7, 1988, and recorded December 8, 1988 in Book 1218 under Reception No. 2164480. el ) I .. t.. .. .e011 C Ch.0'Nat -L I"_, A cl t'DO CORPORATION STra CCCJi'�IITAR!, FEE , \ OSte / ,," �% f5'J I/ CO:Ir., ANON ',COLOI AD COP.LO t€—_ 1 — r „plr to- __ s...nn sm.w„-a;-�nrvin� , - l ,_ - Cr _best.,-) -:y ant sit) ProperPropertyIIes:r7T o_a ion f=�lofs SEEP,TTACIIEO EXHIBIT A P-j K i.t+3 1445 C 0239231 06/10/94 15:44 415.00 1/003 4 F 0485 MARY ANN rUERSTEIN CLERK & RECORDER WELD CO, CO x� I t Cent \ . : ,Idendnrd ,d.. .I ,i r r 1dwl benra tenet last M'- r,�i ,<�. [ �o'IP r :7 Rti • t t In cast t :ls.b nil and tno-0 r..._) � IN IIlyof , I) FII , . TH6I1SAND AND 00/I10 f -G.•1 TOR- :tor any iserat in the p.rMny+ convey I than a owned.u.if the GRANTOR u p 8csrn .nv?tidal cindication re≤tridinc eG svre 'S pithy the pr.;mm,make op'a .)• Add;Lc al Marna y E,nch lions: ft-fit-Jr Landr of trust being assumed and mho Ferro not corer above.) SEC ATTACHED EXHIBIT 3 Executed by the GPO=On JU',NE 9. 19 74 Signature for iadiv(dual(s): ql Sgaature for Corporation,PaN:erihip or Aseodalicto APB A@OADCASTINC COMPANY INC. A COLORADO CORPORATION AKA APR BROADCASTING,INC. Gnntar H ,ie rt Grantor:tor: CO nation.l arm r Amoco:tor s p% ✓7 Grantor _L2 D h _4_4(41 ftLSl P.T S By Grantor I tl STA1g OLy�.OR-DO l 3ur. 4, COUNT?f C ELL' C r n m.t I t rat a a_kn r I.:d Sainte irelic 0th day n`.JUNG, 1994 .t Tile By MID,IIROADCAS ITN COMPANY INC,A COIAttNH)CORPORATION AKA APO BROADCASTING,MC.,BY WILLIE D. i I)>JIS muMi):C`I /' /p ~'�.iy .c My torn S m'hand and oGtval,cal Notary Public My e n OF 'expire,: OCTOBER 20. 1997 ae 6 -STATE OP'/ 1221 3TII AVE,OREELEY, CO. -tCOuriTY,OP der dif the AJregoingyrztrfinent was acknowledged before me this day of 9 By 1 OnntherindtvIduelGrantor(s) if Grantor is Corration.Partnership or Aaaodmlon,Men Identify signers as president or vice presidentand secretary '.1 _r aarstant secretary of corporation;or as pmt Is)of partnersI p or as authorised member(s)of association) I WIT,MSS my hand and official seal. Notary Public _. Ms c m it s:on expires: I. WCTC No.2061 G,. r '1... •0 7 North P rr e ... " _ . of color ., o, being described as: - ad - c -cn 'hence North 89° 24' 20 East 7pnnir.g at ahe t1/4 Corn ,: of- _,,,t > a - _ ccr of said Section 33b a - ro irt of r ng thence North 00 00' distance" - Trio ,id ❑ tio- 33 and along the East _ _ parallelt E.O.M.o a 18v^.7C foot .G. for Public .vice Company, a distance of y� P.O.W.5line of 000 24' 20" East parallel to the East-West Cent r0 feet; thence Hosts. - Centerline of said ea yon a distance of 935.00 feet; thence South 32o rtl' f C. i 19" East, a distance of 1416.40 feet; thence South 000 00' 00" West parallel rr. to the West line of said Section 33, a distance of 0.5u fPet tpton aspoint intn on t ;.. the East-West Centerline Section 33; g said Cast „le.t Centerline, distance of 1700.00 to the True Point of Beginning. TOGETHER i: 1 a 20 foot access easement across an existing 180.00 ;i I foot Public Service Company Right-of-Way: The centerline. of a 20.00 foot em across en sting 100.00 foot Public Services Company acc - ter of Section of 3o to Township 2 .:n nth.: Y Gr.^-Qv �t�onJ'3, for a Meg' 'coated in i rado, void #fi ' � c ,v . .. orb p I Coat a "1,1, rain d 20 icab easement decor;h. d co aolloan:Scr'OBeginning at a point en the t line of Section 33, which bears North 0O 00' fi p0 East, 645.00 feet from the West One-Quarter Corner oi'. said Section 33 ; th north 870 15' 16, East on n assumed bearinis aanner an exg along an tensiont ion ofo hee f the o aic- r 70 acce casement, ..n 1a point being on th E,astex'ly "M: . beginning of said access night-of-Way lire otWeld County Road 417, thence North wil 15' 16" East along . said fen_, :,In of access easement, a distance of 150.17 feet to the East line Public Service Company Right-of-Way, said point being the end of , of said Public cr ic- Co pang Right-of-Way. • acc acrc_d ao O TsDET iER WITH THE PA_IC TRANSMISSION TOWER SITUATED THEREON. i r { I T> 1 ; Yy"e. r • • I T A X . �T19325,2739,T9 TRBID CO, C., f-s-3 711111S TO 2I ITTY DEED w s, I' 771 : ESTiE , 11: __ ,�- ,, . , P CO L E AD'? CO• PORATIOFI h t, : SEIRCF199T INC. , A ry _'RF90 CORPORATION 919. . _ 4`�. P-' AND BETWEEN APB - . 9C1, T31-.9TILL1 COBTITIOTTCATICNO,^ INC. AND TSUNAMI iT_ u D ON .71./NE 8, 1994.. kk *s �i I C'}i 11, 1S , 0 RETWDEv APE ., , ., e < �Pk -, - . .-71 ., PAIiTC i VOA,FS, T.R9. 1 . L..76 93N5L TELL_ AL,LEs5NT 5LECUTSD 5BEPUILIY 27, 1992, WITH t{R . ... 3595 TOCT3NIcATIONFACILITIES TRA[.r; DATED JANUARY 31, ,-- . ._, TA TIC ..r FACILITIES LB ASE ,12 DATED JANUARY � . "T - ,;CRl79 CE COLORADO, INC. I. I,n A7BRITTEEcT OATCD LPBIL 15CITIES 1992 WITH WESTERN 4. OB0-,397,STING COMPANY ILSL7 ;t . JOIN" U5Oc:C;? ._ D.r BD DECEMBER 15, 1988 WITH =24000 ,, PRO:. _T_OII CO PALM ;, H f of .0 5f. • t1 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-42 W, Ext. 8730 FAX: (720)652-4211 C. COLORADO March 17, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1555 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 16,2006, at 1:30 p.m., in the Southwest Weld County Hearing Room,4209 CR 24.5, Longmont,Colorado concerning the request of: NAME: Tsunami Communication Inc, a Colorado Corporation FOR: Site Specific Development Plan and a Special Review Permit for a Major Facility(1.5 Million Gallon Water Storage Tank)of a Public Utility or Public Agency in the A(Agricultural)Zone District . LEGAL DESCRIPTION: Part NW4 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 17 and south of CR 16 . 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 Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Southwest Weld County Department of Planning Services, 4209 CR 24.5, Longmont, Colorado 80504,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 PUBLIC SERVICE OF COLORADO AND/OR SUBSURFACE ESTATES/INTEREST OWNER SUSAN TROUDT & MARIAN BOTINELLI C/O JOHNSON FARMS & JOHN HALEY USR-1555 14491 CR 5 LONGMONT CO 80504 MINERAL OWNERS ELIZABETH WILSON ANADARKO LAND CORP 6707 CR 19 ATTN: MGR PROPERTY& ROW FT LUPTON CO 80621 PO BOX 9149 THE WOODLANDS TX 77387-9147 SUCKLA FARMS INC 4468 CR 19 FT LUPTON CO 80621 CERTIFICATE OF MAILING MINERAL LEASEHOLD OWNERS I hereby certify that I have placed a true and correct copy of the surrounding property owners KERR-MCGEE ROCKY MTN CORP and owners and lessees of minerals in accordance 1999 BROADWAY STE 3600 with the notification requirements of Weld County DENVER CO 80202 in Case Number USR-1555 in the United States Mail, postage prepaid First Class Mail by letter as K P KAUFFMAN CO INC addressed on the attached list this 17' day of 1675 BROADWAY STE 2800 March, 2006. DENVER CO 80202 ROCK SPRINGS ROYALTY CO PO BOX 9149 tvl THE WOODLANDS TX 77387-9147 SURFACE ESTATE LAND OWNERS Donita Mai� CENTRAL WELD COUNTY WATER DIST 2235 SECOND AV GREELEY CO 80631 TOWN OF FREDERICK PO BOX 435 FREDERICK CO 80530 BUD HUNZIKER 7037 CR 19 FT LUPTON CO 80621 LONGMONT BROADCAST LLC PO BOX 348 SEDALIA CO 80135 CARL NELSON C/O CENTRAL WELD WATER DIST 2235 SECOND AV GREELEY CO 80631 ZANE NELSON 6505 CR 17 FT LUPTON CO 80621 ZANE NELSON 7037 CR 19 FT LUPTON CO 80621 _ AFFIDAVIT OF INTERESTTLAND OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 131133000037 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. /'ice Signature 2//o/o Date Property Owners Within 500 ft. of Parcel# 131133000037 NAME MAILING ADDRESS PARCEL IDENTIFICATION ti 2235 2 AVE CENTRAL WELD COUNTY 131132100024 WATER DISTRICT GREELEY,CO 80631 PO BOX 435 FREDERICK TOWN OF 131132000021 FREDERICK,CO 80530 7037 COUNTY RD 19 HUNZIKER BUD W (1/2 INT) & 131132100023 FORT LUPTON,CO 80621 PO BOX 348 LONGMONT BROADCAST LLC 131133200053 SEDALIA,CO 80135 C/O CENTRAL WELD CO NELSON CARL A-1/2 INT & WATER DIST 131132000013 115 18 ST GREELEY,CO 80631 6505 WELD CO RD 17 NELSON ZANE 131132100022 FORT LUPTON,CO 80621 7037 COUNTY RD 19 NELSON ZANE 131132100025 FORT LUPTON,CO 80621 PUBLIC SERVICE CO OF COLO 131133000007 TAX COMM, http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131133000037&Part=... 2/7/2006 tFFIDAVTT OF INTERESTTLAND OWNERS • Page 2 of 2 C/O JOHNSON FARMS - JOHN R TROUDT SUSAN J & BOTINELLI HALEY 131132000014 MARIAN J & 14491 WELD CO RD 5 LONGMONT,CO 80504 C/O JOHNSON FARMS - JOHN R TROUDT SUSAN J & BOTINELLI HALEY 131133000040 MARIAN J & 14491 WELD CO RD 5 LONGMONT,CO 80504 6707 COUNTY RD 19 WILSON ELIZABETH A 131133100051 FORT LUPTON,CO 80621 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131133 00003 7&Par 1=... 2/7/2006 • • • ■ • • • MINERAL INTEREST DOCUMENTATION • I FOR • • f ' I I TOWN OF FIRESTONE • �' 1) AT-GRADE WATER TANK • • I • • v.~ • ' ,,;y SUBMITTED TO: • r,4d tr WELD COUNTY • IP..� . • • p+ • b . • • JULY 28. 2006 • • • • • • • elk 4a- • • = • ,- ,r • .,.. TST TST. INC. CONSULTING ENGINEERS • s f *P\' '2.. • C . • • • ■ • • • • • • • _Sew Firestone • �� A Community • • ��^��•�-�^ �-� In Motion • July 28, 2006 • • Ms. Michelle Martin • Weld County Planning • Southwest Weld County Services Complex 4209 Weld County Road 24 1/2 • Longmont, CO 80504 • • Re: Town of Firestone At-Grade Water Tank • Project No. 0668.0128.00 • • Dear Ms. Martin: • As required by Item 1.A. of Resolution USR-1555, we are providing documentation in regard to the concerns of the existing mineral interest owners and the mineral interest leaseholders. • Crews & Zeren, LLC prepared a list of mineral owners and mineral lessees (Appendix A) on • January 26, 2006 that was submitted with the original USR application. The mineral owners • and leasehold owners are as follows: • 1. Anadarko Land Corp. 2. Suckla Farms, Inc. • 3. Kerr-McGee Rocky Mountain Corporation • 4. K.P. Kauffman Company, Inc. • 5. Rock Springs Royalty Company • Letters of intent discussing the At-Grade Water Tank project were sent to all five mineral • owners and leasehold owners via certified mail on April 7, 2006. Copies of the letters and the delivery confirmations can be found in Appendix B. Two of the five mineral owners and • leasehold owners responded to the letter of intent. The two organizations that replied are: • • 1. Kerr-McGee Rocky Mountain Corporation 2. K.P. Kauffman Company, Inc. • • Both of the response letters (Appendix C) objected to the planned At-Grade Tank project. TST, Inc. and Terry Enright with Kerr-McGee Rocky Mountain Corporation met at the project • site to discuss the planned development. At the meeting, Mr. Enright stated that Kerr McGee • Rocky Mountain Corporation would not object to the At-Grade Water Tank project per the • letter dated July 12, 2006 (Appendix D). • Chris Messersmith left a voicemail with Ellen Britt at K.P. Kauffman Company, Inc. on July • 10, 2006 and followed up with a second phone call on July 18, 2006. Ms. Britt stated that • • 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 • (303) 833-3291 • fax (303) 833-4863 • • • • • • • • • • Jason Lilley would be the person to talk to regarding this project and forwarded our contacting information to him. Chris Messersmith left a voicemail with Mr. Lilley on July 19, • 2006 and called him a second time on July 24, 2006. The project was discussed with Mr. • Lilley and a site plan was emailed to him on this date (Appendix E). Chris Messersmith left • Mr. Lilley a voicemail on July 26, 2006 to follow up on the emailed exhibit. Mr. Lilley was contacted again on July 28, 2006 and he mentioned that he had not looked at the exhibit. • Jason Lilley stated that he would get to it the week of July 31s`. Although we have contacted • this mineral leasehold owner over six times, we are unsure if an agreement will be reached with K.P. Kauffman Company, Inc. • • If you have any questions regarding the attached documentation, please feel free to give me • a call. • Sincerely, •• 4k- • Kevin D. Ash, P.E. Town Engineer • • KDA/mgf • Enclosures • • cc: Ms. Cheri Andersen, Town Administrator • • App LIST OF MINERAL OWNERS AND MINERAL LESSEES (TST/Firestone) Subject Property: Township 2 North, Range 67 West, 6th P.M., Weld County, CO Section 33: a parcel in the NW'/ more particularly described as follows: commencing at the W ''A corner of said Section 33 and considering the West line to have an assumed bearing of N 00°49'50"E with all other bearings relative thereto; thence along said West line N 00°49'50" E 410.86 feet; thence S 89°10'10" E, 180.00 feet, to the Point of Beginning; thence N 00°49'50" E, 232.76 feet; thence N 88°05'06" E, 235.27 feet; thence S 00°49'50" W, 244.03 feet; thence N 89°10'10" W, 235.00 feet to the Point of Beginning; and another parcel of land in the NW% more particularly described as follows: commencing at the W ''A corner of said Section 33; thence along said West line N 00°49'50"e 663.64 feet; thence S 89°10'10" E, 180.00 feet, to the Point of Beginning; thence N 00°49'50" E, 217.22 feet; thence S 89°10'10" E, 235.00 feet; thence S 00°49'50" W, 205.95 feet; thence S 88°05'06" W, 235.27 feet to the Point of Beginning Crews & Zeren, 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 January 18, 2006. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 26th day of January, 2006. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko Land Corp. Kerr-McGee Rky. Mountain Corporation Attn: Mgr. Property & ROW 1999 Broadway, Suite 3600 P.O. Box 9149 Denver, CO 80202 The Woodlands, TX 77387-9147 K. P. Kauffman Company, Inc. Suckle Farms, Inc. 1675 Broadway, Suite 2800 4468 WCR 19 Denver, CO 80202 Ft. Lupson, CO 80621 Rock Springs Royalty Company P.O. Box 9149 The Woodlands, TX 77387-9147 Crews eh'Zeren,LLC Mineralfitle 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 eh'Zeren,LLC Mineral.'nth Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303) 484-2110 • • i\ppx B -3/4 Firestone A Community In Motion /908 April 7, 2006 Anadarko Land Corp. Attn: Mgr. Property & ROW PO Box 9149 The Woodlands, TX 77387-9147 Re: Town of Firestone At-Grade Water Tank Public Hearing Project No. 0668.0128.01 Dear Mineral Owner or Mineral Leasehold Owner, The Town of Firestone, Colorado has a public hearing scheduled with the Weld County Planning Commission for an At-Grade Water Tank project that will be constructed this summer. The site is generally located east of Weld County Road (W.C.R.) 17 and south of W.C.R. 16. More specifically, the tank will be located on a 1.29 acre tract in the NW 1/4 of Section 33, Township 2 North, Range 67 West, 6th P.M. County of Weld, State of Colorado. The site legal description and exhibit has been attached to this letter as a reference. The public hearing is scheduled for May 16, 2006 at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Per Colorado Revised Statute, C.R.S.24-65.5-103, we are required to notify each mineral owner 30 days prior to the public hearing. Property research indicated your company as a mineral owner or mineral leasehold owner and this letter has been prepared to satisfy this requirement. If you have any questions or comments regarding this notification, please contact me. Sincerely, Chris E. Messersmith, P.E. Town Engineer cc: Cheri Andersen, Town of Firestone Michelle Martin, Weld County>rr CEM/mgf Enclosures 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 • • Firestone �` A Community Ser In Motion 1908 April 7, 2006 Suckla Farma, Inc. 4468 WCR 19 Ft. Lupton, CO 80621 Re: Town of Firestone At-Grade Water Tank Public Hearing Project No. 0668.0128.01 Dear Mineral Owner or Mineral Leasehold Owner, The Town of Firestone, Colorado has a public hearing scheduled with the Weld County Planning Commission for an At-Grade Water Tank project that will be constructed this summer. The site is generally located east of Weld County Road (W.C.R.) 17 and south of W.C.R. 16. More specifically, the tank will be located on a 1.29 acre tract in the NW ''A of Section 33, Township 2 North, Range 67 West, 6th P.M. County of Weld, State of Colorado. The site legal description and exhibit has been attached to this letter as a reference. The public hearing is scheduled for May 16, 2006 at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Per Colorado Revised Statute, C.R.S.24-65.5-103, we are required to notify each mineral owner 30 days prior to the public hearing. Property research indicated your company as a mineral owner or mineral leasehold owner and this letter has been prepared to satisfy this requirement. If you have any questions or comments regarding this notification, please contact me. Sincerely, Chris E. Messersmith, P.E. Town Engineer cc: Cheri Andersen, Town of Firestone Michelle Martin, Weld County% CEM/mgf Enclosures 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 • s Firestone tkdA A Community 4 ibb In Motion April 7, 2006 Kerr-McGee Rky Mountain Corp. 1999 Broadway Suite 3600 Denver, CO 80202 Re: Town of Firestone At-Grade Water Tank Public Hearing Project No. 0668.0128.01 Dear Mineral Owner or Mineral Leasehold Owner, The Town of Firestone, Colorado has a public hearing scheduled with the Weld County Planning Commission for an At-Grade Water Tank project that will be constructed this summer. The site is generally located east of Weld County Road (W.C.R.) 17 and south of W.C.R. 16. More specifically, the tank will be located on a 1.29 acre tract in the NW 1/4 of Section 33, Township 2 North, Range 67 West, 6th P.M. County of Weld, State of Colorado. The site legal description and exhibit has been attached to this letter as a reference. The public hearing is scheduled for May 16, 2006 at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Per Colorado Revised Statute, C.R.S.24-65.5-103, we are required to notify each mineral owner 30 days prior to the public hearing. Property research indicated your company as a mineral owner or mineral leasehold owner and this letter has been prepared to satisfy this requirement. If you have any questions or comments regarding this notification, please contact me. Sincerely, � a i• Wi — 'T Chris E. Messersmith, P.E. Town Engineer cc: Cheri Andersen, Town of Firestone Michelle Martin, Weld County* CEM/mgf Enclosures 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 Firestone r. , A Community ate^ In Motion 1908 April 7, 2006 Rock Springs Royalty Company PO Box 9149 The Woodlands, TX 77387-9147 Re: Town of Firestone At-Grade Water Tank Public Hearing Project No. 0668.0128.01 Dear Mineral Owner or Mineral Leasehold Owner, The Town of Firestone, Colorado has a public hearing scheduled with the Weld County Planning Commission for an At-Grade Water Tank project that will be constructed this summer. The site is generally located east of Weld County Road (W.C.R.) 17 and south of W.C.R. 16. More specifically, the tank will be located on a 1.29 acre tract in the NW '/a of Section 33, Township 2 North, Range 67 West, 6th P.M. County of Weld, State of Colorado. The site legal description and exhibit has been attached to this letter as a reference. The public hearing is scheduled for May 16, 2006 at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Per Colorado Revised Statute, C.R.S.24-65.5-103, we are required to notify each mineral owner 30 days prior to the public hearing. Property research indicated your company as a mineral owner or mineral leasehold owner and this letter has been prepared to satisfy this requirement. If you have any questions or comments regarding this notification, please contact me. Sincerely, Chris E. Messersmith, P.E. Town Engineer cc: Cheri Andersen, Town of Firestone Michelle Martin, Weld County N CEM/mgf Enclosures 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 ° x Firestone A Community nbiuld In Motion April 7, 2006 K. P. Kauffman Company, Inc. 1675 Broadway Suite 2800 Denver, CO 80202 Re: Town of Firestone At-Grade Water Tank Public Hearing Project No. 0668.0128.01 Dear Mineral Owner or Mineral Leasehold Owner, The Town of Firestone, Colorado has a public hearing scheduled with the Weld County Planning Commission for an At-Grade Water Tank project that will be constructed this summer. The site is generally located east of Weld County Road (W.C.R.) 17 and south of W.C.R. 16. More specifically, the tank will be located on a 1.29 acre tract in the NW 'A of Section 33, Township 2 North, Range 67 West, 6'h P.M. County of Weld, State of Colorado. The site legal description and exhibit has been attached to this letter as a reference. The public hearing is scheduled for May 16, 2006 at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Per Colorado Revised Statute, C.R.S.24-65.5-103, we are required to notify each mineral owner 30 days prior to the public hearing. Property research indicated your company as a mineral owner or mineral leasehold owner and this letter has been prepared to satisfy this requirement. If you have any questions or comments regarding this notification, please contact me. Sincerely, Chris E. Messersmith, P.E. Town Engineer cc: Cheri Andersen, Town of Firestone Michelle Martin, Weld County$ CEM/mgf Enclosures 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 • EXHIBIT A TANK PARCEL#1 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W Y CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 N 00°49'50" E 410.86 FEET; THENCE S 89°10'10" E, 180.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY TSUNAMI COMMUNICATION INC., RECORDED AS RECEPTION #02392815 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00°49'50" E, 232.76 FEET; THENCE N 88°05'06" E, 235.27 FEET; THENCE S 00°49'50" W, 244.03 FEET; THENCE N 89°10'10" W, 235.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.29 ACRES (56,022 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. K\668\128\SURVEY\TANK LEGAL DESCRIPTION.DOC • EXHIBIT B • ..fNW COR OF SEC. 33, T2N, R67W, FD. 2" CAP PLS 25937 I TANK PARCEL #2 N co I ^I I "� TANK ACCESS AND NI UTILITY EASEMENT I I 1 N88'05'06"E - 235.27' EXISTING 20' 1 I ACCESS ESMT Is' b io TANK PARCEL #1 0 o v (?)I 56,022 SQ. FT. c 0 z 1.29 ACRES 0 N 0 N II I F.\ S89'10'10"E _ N89'10'10"W 180.00' 235.00' POINT OF BEGINNING I I TSUNAMI COMMUNICATION INC. w 0 RECEPTION # 02392815 60' _ 150'W.C.R. 17 a PUBLIC SERVICE CO. - R.O.W. o OF COLORADO z RECEPTION #1496279 "IRa z Q I"‘Ii-) N w m O U) to 0:1 I 50 o wor — 50 100 T T INC. i/POINT OF COMMENCEMENTR67W S , W Y4 COR SEC. 33, T2N, TOWN OF FIRESTONE K:\668\g Engineers FD. 2" CAP PLS 2593N.DWG WATER TANK PROPERTY ACQUISITION EXHIBIT K:\668\126\DWGS\TANK SITE LEGAL DESCRIPTION.DWG N m N a N > - 1t1 I l f 1'1'1 T) C C d ry N •m 01 11 ❑` ` N C a m'O ❑ Pi. O tl 0 a s o > z ;it m ❑ ,,- ❑ ❑ ❑ ❑ Ti ❑ o ❑ o U o ❑ o j n' N II E n yyyy� O N Y d n j ❑ i1\ d y Oi tp Or C H N O' m ll D W IL U' 00 1 c � � c � n A. J N a Ile f I '49•\ ai . I. .-i. 1,, r0 I I I p I �, O �-1 .;3 ' a Ti 4; g1 , Y L 'i� , Ni Fn W� ,.1 0 , - m e il ‘ br-- ofr2 V*4 �. s$- . ii 14 ,- L T o r3 r %. Q ti v r e a a o d -- n ° C L z � ti 0, r- el C j- c �Zz N • W . cc C c o L°d y �tn, co 4• t e 1 M 1'1 r � 3 >_ :.:....„2 l¢p a, E, M �� ti T% O !v R9 n yI .. F . ^y ) l J c O �k13 ° C t -_... 4 v°n o v mi 2. ti ih n mo U 5. 1 LL L a w 8 y o 5 ELLO 09 L 2000 06E0 SOOL °N- L6L0 099t 2000 06E0 500L a 4 ,C,' m m D Nt I N Q Q o 33 2 m m O m li � ` O n m N NO . • ar F (- n O ❑ F .D f W •'`. .ems"'_ 1 a Ct •a Ed o • .' N E§ d a ' o tie r.. ❑ r- r v :4 0 u .n , - :d\ T3 a p. i�SdB� r y t i • 0 ) a -0 \k 1.).`k. Nk 21 ,3c ig o -.. . 1 lor_ , I .J cs.... >< a .„, Lea -a- CC W - 36 . ‘ k f o nl .--I LT I c ON F r ' • • - CO I to] Q ,10 411 ill [� ___ y�_p_.�._ J � m day F �..__ �12 y__ �il N Omi j i } A yLL Inl�` LL mD ` Q why }y_ < m u u.$ L I QC\ , �l ~ o 'Y F1 a y it, y Yt� € a •l•}� * - ' y 9 V c,1 yl ,. • ] a F Cry- III 6 �2 ._ i Y� (y r� J NR 2 O O ° et � ' r ie }t-=1 J 2 c o f 4 Z o N 7- ft as x .2 ,i r0 g E y 2 Z �l r'.III.. 'w ' g ` O l'''' ' 1L: W 'TW ~ •o '10 U 0. UO 991n 11991 Plum l ntrn cnn i (-non nnal -innn nr rn rnn r • • I ' . ` § ! d« i � - § ! a cc ! \ • • { . lflhi » � , ! � ii z . tt z . � ^� ) � 4 ksa ~ E e • 2 ( ° # 74 ! 0.} ° % � ! ■c ! io $ I : \ \ 2 ? s � § I � f d ! � II ` \ \ \\ : : � \ ) . > . ! I ) st \ IqW % 1.O- 2 §f 2 = r « 1 I \ �/\ ` r\ } 0 \ \ ? Y � % \ \ \\ ) ® _gll \ ,2L CO• ) , x : 9s a 2 • Weld County Planning Departmen • IAP Ply SOUTHWEST BUILDING APR 1 7 2006 C;;-?,c KERR-MtGEE GII Y. II 7' IN CORPORA I 1999 BROADWAY SUITE 3700•DENVER,COLORADO 80202 r 't � s F ya IE *'kx i T C April 11, 2006 PHONE: 303-296-3600 FAX: 303-296-3601 VIA FACSIMILE AND U.S. MAIL Weld County Department of Planning Services Attn: Michelle Martin, Planner 4209 CR 24.5 Longmont, Colorado 80504 Re: Site Specific Development Plan and a Special Review Permit for a Major Facility Tsunami Communication Inc, Applicant Township 2 North, Range 67 West of the 6th P.M. Section 33: NW/4 Weld County, Colorado Dear Ms. Martin, The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain LLC, formerly Kerr-McGee Rocky Mountain Corporation, oil and gas rights may be adversely affected by the Specific Development Plan and a Special Review Permit for a Major Facility currently proposed by Tsunami Communication Inc. It is my understanding that an initial public hearing on Tsunami Communication's application for approval is scheduled for Tuesday, May 16, 2006. Kerr-McGee owns interest in the oil and gas leasehold estate in Section 33, Township 2 North, Range 67 West. This real property interest, which has been recorded, entitles Kerr-McGee to produce oil and gas from these lands. Kerr-McGee also has the legal right to drill future wells on the Property in accordance with Colorado Oil and Gas Conservation Commission Rule 318A and other applicable law. Kerr-McGee believes that the oil and gas resources underlying the Property have significant value and, therefore, is concerned about any surface use or plan of use that would restrict or preclude the use and enjoyment of these rights. In addition, Kerr-McGee owns easements and rights of way on the Property within which it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care must be taken to insure that uses of the surface estate approved by the Town above or near these pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights of use. Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually acceptable surface use agreement with the surface owners or their agents. Although it is crucial that an agreement be in place prior to the County's approval of the developer's application, as of • • Weld County Department of Planning Services April 3, 2006 Page 2 this date no agreement has been reached and no surface use agreement relating to Kerr-McGee's right to explore for and produce oil and gas in Section 33, Township 2 North, Range 67 West, is in place. For these reasons, Kerr-McGee objects to any future plat approval or surface development that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its valuable property rights in Section 33, Township 2 North, Range 67 West. Kerr-McGee requests that the County require an executed surface use agreement between the surface owner and the mineral owners prior to final plat approval as a condition of this application. Moreover, any future plans should incorporate and designate those lands to be set aside for mineral development and expressly address what measures will be taken to protect Kerr-McGee's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Please contact me at 720-264-2642 if you have any questions or comments about this matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the surface owner of the Property and looks forward to cooperating with the County to accomplish its land use planning goals. Sincerely, Kerr-McGee Rocky Mountain LLC r 11t h Terry D "nr ht Landm Spe 'Mist cc: Tsunami Communication Inc—Applicant Chris Messersmith—Town of Firestone Mark Remington—Clear Channel Communications James P. Wason—Kerr-McGee Rocky Mountain LLC Joseph Sanchez—Kerr-McGee Gathering LLC • • • K. P. KAUFFMAN COMPANY. INC. • WORLD TRADE CENTER • 1675 BROADWAY, 28Th FLOOR • DENVER, COLORADO 80202-4628 • TELE5HDNe(303) 825-4822 • FACSIMILE(303) 825-4825 I, www.kpk.com • • Ellm H.Britt ebritt@kpk.com Division Order Analyst • • May 12, 2006 • Town of Firestone • Chris E. Messersmith 151 Grant Avenue • P.O.Box 100 • Firestone, CO 80520-0100 • Re: At-Grade Water Tank • Weld County, State of Colorado • Dear Sirs: • • As per the Referral Letter that I received, K. P. Kauffman Company, Inc. (IG'K), • as mineral lessee, has been notified by the Town of Firestone of the proposed At-Grade Water Tank (Surface Development). KPK's mineral estate within the subject property • consist of numerous oil and gas wells, tank batteries, flow lines, pipelines, recorded • easements, easements, access and other oil and gas leasehold fixtures. Also, KPK has the • right to drill additional wells on the property as per the legislation of the Colorado Oil • and Gas Conservation Commission. The proposed Surface Development will directly impact KPK's existing and future oil and gas operations. •• KPK requests assurance from the Town of Firestone that the proposed Surface • Development will not preclude KPK from drilling, operating, producing and other normal activities for maintaining existing and future oil and gas lease operations. KPK objects to • the proposed Surface Development because of the damaging impact the Surface • Development will cause to KPK's real property rights and said oil and gas lease • operations. KPK requests any approval of the Surface Development be conditioned upon KPK's reasonable use of the surface. Any approval of the Surface Development should • be conditioned upon an executed Surface Use Agreement (SUA) between KPK and the • Developer. • • As of the date of this letter, KPK has not formalized an SUA with the Developer. In the absence of a SUA, the action of the Town of Firestone may impair the real • property rights and oil and gas leases rights of KPK. Also,approval of the Surface • • • • • • a • • K. P. KAUFFMAN COMPANY, INC. • • Page 2 • May 12, 2006 • Objection Letter • • Development Final Plat by the Town of Firestone may constitute regulatory takings of • KPK's real property rights. • KPK requests this letter of formal objection for the Surface Development plat be noted and recorded within the Town of Firestone public hearings and notices. Should • you have any questions please contact me at any time. Thank you for your attention to • this matter. • Sincerely, • K. F COMPANY, INC. • • Ellen H. Britt • Land Department • ehb encl. • cc: Mr. Gordon L. Allott, Jr. • Attorney at Law • 1ppK Weld SOUTHWEST BUILDING Department DING 4'! Kerr/VtGee JUL 2 0 2006 RECEIVED Kerr-McGee Oil&Gas Onshore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 July 12, 2006 303-296-3600•Fax 303-296-3601 VIA FACSIMILIE AND U.S. MAIL Weld County Department of Planning Services Attn: Michelle Martin, Planner 4209 CR 24.5 Longmont, Colorado 04 Re: Site Specific Development Plan & Special Review Permit for a Major Facility Tsunami Communication, Inc. - Applicant Township 2 North, Range 67 West, 6`h P.M. Section 33: NW/4 Weld County, Colorado Dear Ms. Martin: The purpose of this letter is to inform you that Kerr-McGee Oil & Gas Onshore LP after further review of Tsunami Communication, Inc's application for a Specific Development Plan & Special Review Permit for a Major Facility; Kerr-McGee fully acknowledges and supports the development. Please contact me at 720-264-2628 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely. Ken- G_ S & Gas Onshore LP .Jo--,rj' utera dman cc: Joseph I-I. Lorenzo —Ken-McGee Oil & Gas Onshore LP Tsunami Communication, Inc c/o TST, Inc. Consulting Engineers - Applicant • Page 1 of 1 • APPx• e Chris Messersmith • • From: Chris Messersmith • Sent: Monday, July 24, 2006 4:31 PM • To: 'Jason@kpk.com' Cc: Kevin Ash; Dave Lindsay • Subject: Town of Firestone At-Grade Water Tank • • Jason, • Thanks for your time this afternoon. I have attached an exhibit of our proposed tank sites and the existing well • site. The 200 foot radius circle does not cross any of the property owned by the Town of Firestone. The well is approximately 350 feet from the Town's planned fence and 400 feet from the Town's water tank. The Town has • two tank parcels that were selected so that the tanks could be installed as close to the top of the hill as possible • for hydraulic reasons. When working with the existing landowner, Tsunami communications (Clear Channel), we laid out two parcels that abut up to the existing 20 foot wide access easement on the north and south sides so • that the existing access would remain unaffected. Our goal would be to get a letter from KPK, Inc. stating that that you do not object to the At-Grade Water Tank project for the Town of Firestone. If you have any questions or • require any additional information, please give me a call. • Thanks for your help, • • Chris E. Messersmlth,• TST, Inc. Consulting Engineers 748 Whalers Way, Building D • Fort Collins, CO 80525 (970) 226-0557 Office • (970) 226-0204 Fax • cmessersmith@tstinc com • These files contain electronic horizontal and/or vertical design information, which has been used by TST, Inc., in • the formulation of final development and/or construction documents. This electronic information may be used exclusively by the party as designated by this email message for information purposes only. By receiving this • electronic information, the receiver agrees that this data may not be transferred to any other party, that this electronic information may not necessarily represent the information shown on the recorded or approved final • development and/or construction documents, and that the receiver is responsible for verifying the information • contained within the electronic data against the recorded or approved documents. • • • • • • • • • • 7/26/2006 • • • • • • • • • • • GEOTECHNICAL ENGINEERING REPORT • TOWN OF FIRESTONE 1.5 MG WATER STORAGE TANK • EAST SIDE OF WCR 17, BETWEEN WCR 14 AND WCR 16 • WELD COUNTY, COLORADO • TERRACON PROJECT NO. 22045283 • January 26, 2005 • • • • • • ! • • • • • • • • • • • • • j lierracon • Consulting Engineers & Scientists • • • • • • • • • • • • • • • GEOTECHNICAL ENGINEERING REPORT • • TOWN OF FIRESTONE 1.5 MG WATER STORAGE TANK • EAST SIDE OF WCR 17, BETWEEN WCR 14 AND WCR 16 WELD COUNTY, COLORADO • • TERRACON PROJECT NO. 22045283 • January 26, 2005 • • • Prepared for • • TST, Inc. Consulting Engineers 748 Whalers Way, Bldg. D • Fort Collins, Colorado 80525 • Attn: Audrey Mendelsberg • • • • • • • • • • Prepared by: • Terracon • 1242 Bramwood Place, Suite 2 • Longmont, Colorado 80501 Phone: 303-776-3921 • Fax: 303-776-4041 • • • • • lierracon • • ' • • • • January 26, 2005 err con • Consulting Engineers&Scientists • Audrey Mendelsberg Terracon1242 B amwood Place • TST Inc. Consulting Engineers Longmont,Colorado 80501 748 Whalers Way, Bldg. D Phone 303.776.3921 Fort Collins, Colorado 80525 Fax 303.776.4041 • www.terracon.com • Re: Geotechnical Engineering Report Town of Firestone 1.5 MG Water Storage Tank • East Side of WCR 17, Between WCR 14 and WCR 16 • Weld County, Colorado • Terracon Project No. 22045283 • As requested, Terracon has completed a geotechnical engineering exploration for the • proposed Town of Firestone 1.5 MG water storage tank to be located on the east side of • Weld County Road 17, between Weld County Roads 14 and 16 southeast of the Town of • Firestone, Colorado. This study was performed in general accordance with our proposal number G2204304 dated December 23, 2004. • The results of our engineering study, including the boring location diagram, test boring • records, laboratory test results and the geotechnical recommendations needed to aid in the • design and construction of foundations and other earth connected phases of this project are • attached. • In general, the subsurface conditions encountered in our test borings consisted of • approximately 6 to 7 feet of lean clays with varying amounts of sand or fine-grained clayey • sands overlying bedrock. Sedimentary bedrock was encountered below the overburden • soils at depths ranging from about 6 to 7 feet below the ground surface and these materials extended to the maximum depths explored. The bedrock consisted predominately of • moderate to high plasticity claystone, although Boring 2 (south tank site) encountered clayey sandstone/siltstone in the upper portion of the bedrock profile. No groundwater was • measured in the borings at the time of drilling or when checked 3 days later to the maximum • depth explored, 50 feet. The information obtained by geologic survey and, the results of field exploration and • laboratory testing completed for this study, indicate that the soils and bedrock at the site have variable engineering characteristics. In general, the overburden clays and clayey • sands show low swell potential when wetted and low to moderate compressibility • (settlement potential) under light to moderate loads. Based on our experience in the area • and the swell-consolidation test results, we judge the claystone bedrock to have moderate to high swell potential. The sandstone/siltstone bedrock shows negligible to low swell • potential when wetted. • • • • Delivering Success for Clients and Employees Since 1965 More Than 60 Offices Nationwide • • • • Town of Firestone 1.5 MG Water Storage Tank lierracon . WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • - Considering the size and type of construction planned and the subsurface conditions encountered in our test borings we have evaluated several foundation alternatives that • could be considered for support of the proposed tank structure. These include a reinforced mat/raft foundation bearing on the stiff to very stiff clay soils and straight shaft piers drilled • into competent bedrock. If alternative foundation types are planned for support of the tank • structure (such as a ring-wall foundation system), we should be contacted to provide • supplemental foundation design parameters and construction recommendations. • Other design and construction recommendations, based upon geotechnical conditions, are • presented in the report. We appreciate being of service to you in the geotechnical • engineering phase of this project, and are prepared to assist you during the construction • phases as well. If you have any questions concerning this report or any of our testing, • observation, design and consulting services, please do not hesitate to contact us. • Sincerely, • lrerracon • „PpO• • • 2774, ("�� N�K .4 .,. { • E - Lewis D. Israel, P.E. • Geote ngineer/Department Manager Division Manager Copies to: Addressee (3) • • • • • • • • • • • • • • • f♦ • • • • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 41 TABLE OF CONTENTS • • Page No. • Letter of Transmittal ii • • INTRODUCTION 1 • • PROPOSED CONSTRUCTION 1 • SITE EXPLORATION 2 Field Exploration 2 • Laboratory Testing 2 • SITE CONDITIONS 3 • • SUBSURFACE CONDITIONS 3 • Geology 3 • Soil and Bedrock Conditions 4 • Field and Laboratory Test Results 5 • Groundwater Conditions 5 • ENGINEERING ANALYSES AND RECOMMENDATIONS 6 Geotechnical Considerations 6 • Mat/Raft Foundations 7 Drilled Pier Foundation Systems 8 • Seismic Considerations 10 • Earthwork 10 General Considerations 10 • Site Preparation 10 • Fill Materials and Placement 11 • Slopes 12 Excavation and Trench Construction 12 • Additional Design and Construction Considerations 13 • Underground Utility Systems 13 Corrosion Protection (Concrete) 13 • Surface Drainage 14 • GENERAL COMMENTS 14 • • • • iv • • • • • • • Town of Firestone 1.5 MG Water Storage Tank iferracan • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • TABLE OF CONTENTS (Cont'd) • • APPENDIX A Boring Location Diagram Al • Logs of Borings A2 to A3 • • APPENDIX B Swell-Consolidation Tests B1 to B7 Grain Size Distribution Curves/Soil Classification 68 • APPENDIX C: • General Notes: Drilling & Exploration Cl • Unified Soil Classification C2 • Rock Classification C3 • • • • • • • • • • • • • • • • • • • • • • • v • • • • • • • • • • GEOTECHNICAL ENGINEERING REPORT • TOWN OF FIRESTEONE 1.5 MG WATER STORAGE TANK • EAST SIDE OF WCR 17, BETWEEN WCR 14 AND WCR 16 • WELD COUNTY, COLORADO • TERRACON PROJECT NO. 22045283 • January 26, 2005 • • • INTRODUCTION This report contains the results of our geotechnical engineering exploration for the proposed • Town of Firestone 1.5 MG water storage tank to be located on the east side of Weld County • Road 17, between Weld County Roads 14 and 16 southeast of the Town of Firestone, • Colorado. The site is located in the northwest 'A of Section 33, Township 2 North, Range 67 • West of the 6th Principal Meridian in Weld County, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • • • Subsurface soil and bedrock conditions • Groundwater conditions • • Foundation design and construction • General earthwork considerations • • Drainage considerations • The recommendations contained in this report are based upon the results of field and • laboratory testing, engineering analyses, and experience with similar soil conditions, • structures and our understanding of the proposed project. • PROPOSED CONSTRUCTION 0 Based on information provided by a representative of TST Inc. Consulting Engineers, the • proposed project will consist of the design and construction of a 1.5 million gallon (MG) water storage tank at the location of our Test Boring No. 1 (see Figure 1, Boring Location • Diagram). The tank structure will consist of a 50-foot diameter by 100-foot tall steel tank. • • 1 • • • • Town of Firestone 1.5 MG Water Storage Tank lferracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283• We understand it is desired to support the tank on a reinforced concrete mat/raft foundation system. At the time of this report, the steel tank manufacturer had not been selected and • structural loading conditions were not available. However, based on the tank geometry, we • estimate the total permanent load to be on the order of 13,000 kips when the tank is full. • Transient moment loads due to wind and/or earthquake considerations are not known at • this time. Information provided by TST indicates that the ground surface at Test Boring 1 is about elevation 5094.5 while the tank bottom is planned at approximate elevation 5097.5. If the type foundation or location of construction, actual foundation loads or tank bottom • elevation varies significantly from those outlined above, we should be contacted to confirm • and/or modify our recommendations accordingly. • • SITE EXPLORATION • The scope of the services performed for this project included site reconnaissance by a • geotechnical engineer, a subsurface exploration program, laboratory testing and • engineering analyses. • • Field Exploration: As requested, a total of 2 test borings were drilled on January 7, 2005. • The borings were drilled to depths of about 50 feet at the approximate locations shown on the Boring Location Diagram, Figure 1. The borings were drilled at the approximate center • of each proposed tank site. All borings were advanced with a truck-mounted drilling rig, • utilizing 4-inch diameter solid stem augers. The borings were located in the field by a • representative of TST, Inc. Consulting Engineers. Approximate ground surface elevations at • each boring location were provided by TST as well. A geotechnical engineer recorded lithologic logs of each boring during the drilling • operations. At selected intervals, samples of the subsurface materials were taken by driving California barrel samplers. Penetration resistance measurements were obtained by driving • the California barrel into the subsurface materials with a 140-pound hammer falling 30 • inches. The penetration resistance value is a useful index in estimating the consistency, • relative density or hardness of the materials encountered. In addition, groundwater levels were recorded in each boring at the time of site exploration, and 3 days after drilling. • Laboratory Testing: Samples retrieved during the field exploration were returned to the • laboratory for observation by the project geotechnical engineer and were visually or • manually classified in general accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in general accordance with the notes for Rock Classification. At that time, the field descriptions were confirmed or • modified as necessary and an applicable laboratory testing program was formulated to • • 2 • • a • • • • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • determine engineering properties of the subsurface materials. Boring logs were prepared and are presented in Appendix A. • • Laboratory tests were conducted on selected soil/bedrock samples and are presented in • Appendix B. The test results were used for the geotechnical engineering analyses, and the • development of foundation and earthwork recommendations. Laboratory tests were • performed in general accordance with applicable local standards or other accepted standards. • • Selected soil/bedrock samples were tested for the following engineering properties: • • • Water Content • Particle Size Distribution • • Dry Unit Weight • Atterberg Limits • Swell-Consolidation Potential • Water Soluble Sulfate Content • Unconfined Compressive Strength • • SITE CONDITIONS • • The project site is located on the east side of Weld County Road 17 between Weld County • Roads 14 and 16 southeast of the Town of Firestone, Colorado and appears to have been used for crop production and/or agricultural purposes in the past. The ground surface at the • site is relatively uniform with a gentle slope downward to the south and southwest. A • maximum difference in elevation of approximately 3 to 4 feet was estimated across the • location of our test borings. Surface slopes in the vicinity of the project site are estimated to • be on the order of 1 to 2 percent. Vegetation, in the area of our borings, consisted of a • moderate growth of native weeds and grasses. Other features on or adjacent to the site included four above-ground steel storage tanks of various sizes located to the west of the • site across WCR 17. A radio tower structure is also located to the northeast of the project • area. • • SUBSURFACE CONDITIONS • Geology: The project area is located within the Colorado Piedmont section of the Great • Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and • Early Quaternary time (approximately two-million (2,000,000) years ago), is a broad, • erosional trench which separates the Southern Rocky Mountains from the High Plains. • Structurally, the site lies along the western flank of the Denver Basin. During the Late • Mesozoic and Early Cenozoic Periods (approximately seventy million (70,000,000) years ago), intense tectonic activity occurred, causing the uplifting of the Front Range and • • 3 • • • • • • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • associated downwarping of the Denver Basin to the east. Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. • • Surficial geologic conditions mapped in the vicinity of the site ('Colton, 1978), consist of • Eolium (Qe) which has been described as light-brown to reddish-brown to olive-grey • deposits of wind-blown sand, silt and clay. Bedrock underlying the surface units is believed • to consist of the Laramie Formation (KI) of upper Cretaceous Age and was encountered in our borings at depths ranging from about 6 to 7 feet below the ground surface. The upper • part of the Laramie Formation in the area has been reported to include mostly claystone • shale, sandy shale and scattered lenticular beds of sandstone and lignite. The lower part of • the formation is a light-gray to buff sandstone interbedded with clay, shale and coal beds. • The formation has been an important source for underground mining of coal in the past. • The thickness of this unit has been reported to be on the order of 600 to 750 feet. • Mapping completed by the Colorado Geological Survey (2Amuedo and Ivey, 1975), indicates • that the subject property is not located within the boundaries of subsidence hazard as defined • by this study. However, subsidence hazard zones are located in the general vicinity of the • project site. Evaluation of risk associated with subsidence at the site is beyond the scope of • this report. We suggest an engineer/geologist experienced with subsidence issues be consulted to determine whether other studies should be undertaken and/or further evaluation • is warranted. • • Mapping completed by the Colorado Geological Survey (3Hart, 1972), indicates the site in • an area of "High Swell Potential". Potentially expansive materials mapped in this area include bedrock, weathered bedrock and colluvium (surficial units). Site specific swell • testing completed for this study indicates that the clay and clayey sand soils are judged to • have low swell potential while the bedrock at the site has variable swell potential, ranging • from low to high and depends primarily upon claystone content. • Soil and Bedrock Conditions: As presented on the Logs of Boring, a thin mantle of soil • with light vegetation and root penetration was encountered at the surface in both of the • borings. In general, the subsurface conditions encountered below the surface layer l• consisted of approximately 6 to 7 feet of lean clays with varying amounts of sand or fine- • • 'Colton, Roger B., 1978 Geologic Map of the Boulder-Fort Collins-Greeley Area, Colorado, United States Geological Survey, Map I-855-G. • 2Arnuedo&Ivey, 1975,Ground Subsidence and Land-Use Considerations Over Coal Mines in the Boulder-Weld Coal Field, • Colorado,Colorado Geological Survey,Environmental Geology No.9. • 3Hart, Stephen S., 1972, Potentially Swelling Soil and Rock in the Front Range Urban Corridor, Colorado, Colorado • Geological Survey,Environmental Geology No.7. • 4 • • • • • • Town of Firestone 1.5 MG Water Storage Tank llerracon . WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • grained clayey sands overlying bedrock. Sedimentary bedrock was encountered below the • overburden soils at depths ranging from about 6 to 7 feet below the ground surface and I• these materials extended to the maximum depths explored. The bedrock consisted • predominately of moderate to high plasticity claystone, although Boring 2 (south tank site) • encountered clayey sandstone/siltstone in the upper portion of the bedrock profile. The • bedrock contained sporadic lignitic/carbonaceous inclusions. Please refer to the Logs of Boring for more comprehensive strata descriptions. • Field and Laboratory Test Results: Field penetration test results indicate that the clay soils vary from stiff to very stiff in consistency. Swell-consolidation and other physical • property tests indicate that the clays show low swell potential when wetted and low to • moderate compressibility (settlement potential) under light to moderate loads. The clay soils • are considered to offer moderate load bearing capability. Penetration resistance values indicate that the claystone bedrock varies from weathered to hard and the competent • bedrock is considered to offer comparatively high load bearing capability. Unconfined compressive strength of claystone samples tested varied between about 8,000 to 15,000 • psf. Swell-consolidation tests indicate that the claystone bedrock has moderate to high swell • potential when wetted. Swell pressures in the range of 8,000 to 14,000 psf were recorded . for the claystone samples tested. The sandstone/siltstone bedrock found in Boring 2 shows negligible to low swell potential when wetted. • Groundwater Conditions: No groundwater was measured in the borings at the time of drilling or when checked 3 days later to the maximum depth explored, 50 feet. These • observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions and irrigation demands on or • adjacent to the site. • Based upon review of U.S. Geological Survey Maps (4Hillier, et al, 1983), regional • groundwater beneath the project area predominates in colluvial, windblown materials, or in • fractured weathered consolidated sedimentary bedrock located at a depth near ground surface. Seasonal variations in groundwater conditions are expected since the aquifer • materials may not be perennially saturated. Groundwater is generally encountered at depths • ranging from 5 to 20 feet below ground surface; depth to seasonal groundwater can be 10 • feet or less. • • • 4 Hillier, Donald E.;Schneider, Paul A.,Jr.; and Hutchinson, E. Carter, 1983, Depth to Water Table(1979)in the Boulder- Fort Collins-Greeley Area,Front Range Urban Corridor, Colorado, United States Geological Survey,Map I-855-I. • s • i • • • • Town of Firestone 1.5 MG Water Storage Tank lierracan • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283• Zones of perched and/or trapped groundwater may also occur at times in the subsurface • soils overlying bedrock, on top of the bedrock surface or within permeable fractures in the • bedrock materials. The location and amount of perched water is dependent upon several • factors, including hydrologic conditions, type of site development, irrigation demands on or • adjacent to the site, fluctuations in water features, seasonal and weather conditions. • ENGINEERING ANALYSES AND RECOMMENDATIONS • • Geotechnical Considerations: Based upon geotechnical conditions encountered in our • test borings, the site appears suitable for the proposed construction provided certain • precautions and design and construction recommendations outlined in this report are • followed. Considering the size and type of construction planned and the subsurface conditions encountered in our test borings we have evaluated several foundation • alternatives that could be considered for support of the proposed tank structure. These • include a reinforced mat/raft foundation bearing on the stiff to very stiff clay soils and • straight shaft piers drilled into competent bedrock. If alternative foundation types are • planned for support of the tank structure (such as a ring-wall foundation system), we should • be contacted to provide supplemental foundation design parameters and construction • recommendations. • Based on the information provided by TST, Inc., we anticipate that a mat foundation (if • used) will bear on the stiff to very stiff site clays such as those found in our test borings. • However, soft and/or low strength clays or disturbed soils created from the excavation • process could be encountered at foundation bearing depth after the excavation is • completed. If these conditions are encountered, corrective work such as removal and re- compaction or replacement with imported soils will be needed to provide adequate • foundation support. • • Incremental pre-loading of the water tank is recommended to induce settlement/movement • prior to placement of final piping connections. The subsurface soils should be allowed to compress/consolidate under the full tank load for a period of around 2 to 4 weeks, or until • sufficient settlement/movement of the tank has been achieved. In any event, we • recommend a monitoring program be implemented to determine when settlement induced • from the initial load is essentially complete or until sufficient settlement/movement of the • tank has occurred based on the tank manufacturer's recommendations. • Recommendations for the design and construction of foundations and other earth • connected phases of the project are discussed in the following paragraphs. • 0 • 6 • • • • • • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • Mat/Raft Foundations: We understand a reinforced mat foundation is being considered for • support of the proposed water tank structure. A mat foundation bearing on the stiff to very stiff site clays or on fill tested and approved by Terracon can be designed for an allowable contact • pressure not to exceed 5,500 pounds per square foot (psf), including transient loading. The • bottom of the mat foundation should be placed at least 3 feet below final grade adjacent to the • tank for confinement of the bearing materials and to provide frost protection. All loose and/or • disturbed materials created from the excavation operations should be removed or re- • compacted below the mat foundation. • We recommend a minimum mat diameter of 55 feet in order to develop the recommended • bearing pressure. If the actual mat diameter varies significantly from this, we should be • contacted to confirm and/or modify our recommendations. We estimate total movement • beneath a rigid mat foundation designed in accordance with the above criteria could be on the order of 3 to 5 inches and differential movements should be about one-half of the total • movement. Additional foundation movements could occur if water from any source infiltrates • the foundation soils; therefore, proper drainage should be provided in the final design, during • construction and maintained throughout the life of the structure. • For structural design of mat foundations, a modulus of subgrade reaction of 150 pounds per • cubic inch (pci) may be used when bearing on the near surface clay soils or engineered fill • consisting of similar materials. Rigidity of the mat is dependent upon the mat dimensions, • rigidity of the superstructure and the modulus of subgrade reaction of the supporting soils. • We recommend the structure be checked to determine if the rigidity assumption is valid. If the mat cannot be considered rigid, settlement could be estimated using a method that • models the soil structure interaction, such as the beam on elastic foundation procedure. • • Lateral resistance of mat foundations placed on the undisturbed natural soil or properly • compacted fill will be a combination of the sliding resistance of the mat on the foundation • materials and passive earth pressure against the side of the mat. The allowable sliding friction at the bottom of the mat may be taken as 0.30 times the vertical dead load. Passive • pressure against the sides of the mat can be calculated using an ultimate equivalent fluid • unit weight of 275 pcf for the on-site clays and 375 pcf for imported granular fill soils • approved by Terracon. • • Mat foundations should be reinforced as necessary to reduce the potential for distress caused by differential foundation movement. The completed foundation excavation should be • observed by the geotechnical engineer to confirm that satisfactory bearing materials are • present and that subsurface conditions are consistent with those encountered in our test • borings. If the soil conditions encountered differ from those presented in this report, • supplemental recommendations will be required. • 7 • • • • • • • Town of Firestone 1.5 MG Water Storage Tank lrer'racon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • Drilled Pier Foundation Systems: Straight shaft piers drilled into bedrock could be considered for support of the proposed tank and would be a reliable foundation system to • mitigate tank movement concerns and to provide for resistance of over-turning moments. • Straight shaft piers, drilled a minimum of 10 feet into unweathered bedrock, with minimum • shaft lengths of at least 25 feet are recommended. Based on our boring data, approximately • 2 to 3 feet of weathered bedrock should be anticipated at the contact between the • overburden soils and the bedrock stratum. However, the actual depth to competent bedrock should be determined by a representative of Terracon during pier drilling operations. In • addition, comparatively soft lignite layers may be present within the bedrock unit. Drilled piers should not "bottom-out" on these materials. If lignite layers are encountered during • drilling, additional penetration into the competent bedrock will be required. This could result • in pier lengths greater than anticipated. • For axial compression loads, piers may be designed for a maximum allowable end-bearing • pressure of 25,000 pounds per square foot (psf), and skin friction of 2,500 psf for the • portion of the pier in firm or harder bedrock. All piers should be designed to impose a dead • load pressure of at least 15,000 psf based on pier end cross-sectional area only. Where • dead load requirements cannot be met, uplift resistance can be increased by additional • penetration into bedrock. Calculations for additional uplift resistance should be based on a skin friction value of 2,000 psf for the portion of the pier in competent bedrock. The upper 3 • feet of pier penetration into the bedrock should be ignored for side shear calculations for • uplift resistance. • • A minimum practical horizontal spacing between piers of at least three diameters should be • maintained, and adjacent piers should bear at about the same elevation. The capacity of individual piers must be reduced when considering the effects of group action. Capacity • reduction is a function of pier spacing and the number of piers within a group. If group • action analyses are necessary, capacity reduction factors can be provided for the analyses. To satisfy forces in the horizontal direction, piers may be designed for lateral loads using a • soil modulus of 50 tons per square foot (tsf) for the portion of the pier in the stiff to very stiff clays and/or engineered fill, and 250 tsf in bedrock. The coefficient of subgrade reaction for • varying pier diameters is as follows: • • • • • • 8 • • • • • • • Town of Firestone 1.5 MG Water Storage Tank iFerracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • Coefficient of Subgrade Reaction(tonslft3) • Pier Diameter Engineered Fill of Bedrock (inches) Stiff Clays • 18 33 167 • 24 25 150 • 30 20 120 • 36 17 120 • Lateral load design parameters are valid for maximum soil strain of 1 percent for the clays • and compacted fill and 1/2 percent for the bedrock acting over a distance of one shaft • diameter. The soil modulus and coefficient of subgrade reaction are ultimate values; • therefore, appropriate factors of safety should be applied in the pier design. • If appropriate, group action for lateral resistance of drilled shafts should be taken into • account when center to center spacing is less than 8 pier diameters. Lateral load design • parameters in the direction of loading should be reduced in accordance with the values • provided in the following table. • • ShafgPier Spacing in Reduction Factors Direction of Loading • 8D 1.0 • 6D 0.7 • 4D 0.4 • 3D 0.25 • • Piers should be reinforced full depth for the applied axial, lateral and uplift stresses imposed. The amount of reinforcing steel for expansion should be determined by the tensile • force created by the uplift force on each pier, with allowance for dead-load. • • For this project, use of a minimum pier diameter of 18 inches is recommended. However, • we anticipate larger pier diameters will be needed to accommodate actual foundation load • and design requirements. A 4-inch or greater continuous void space should be provided between piers to concentrate the dead-load of the structure onto the piers. The void • material should be of suitable strength to support the weight of fresh concrete and to avoid • collapse when backfill is placed. • • Drilling to design depth should be possible with appropriate sized drill rigs equipped with • rock teeth on most of the site. Shafts will probably remain open without stabilizing • 9 • • • • Town of Firestone 1.5 MG Water Storage Tank irerracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • measures. However, our boring data and experience in the area indicates that the bedrock formation can contain water-bearing seams. This condition, if encountered during drilling, • may require the use of temporary casing and will likely require the use of a concrete pump truck with a tremie extension to discharge concrete at the bottom of the pier hole in order to • displace the water. Pier concrete should be on-site and placed immediately after completion • of drilling and cleaning. Pier concrete should have a relatively high fluidity when placed • through a tremie. Pier concrete with slump in the range of 5 to 7 inches is recommended. Pier concrete should be designed to achieve its required 28-day compressive strength at • these higher slumps. The use of a bottom-dump hopper, or an elephant's trunk discharging near the bottom of the hole where concrete segregation will be reduced, is recommended for pier concrete placement. • To help mobilize skin friction and increase resistance to potential uplift forces, the sides of each pier should be mechanically roughened in the bearing strata below a depth of 10 feet. • This can be accomplished by a roughening tooth placed on the auger. The construction of the drilled piers should be observed by a representative of Terracon in order to identify the • appropriate bearing strata, observe the construction methods being used and to confirm • that subsurface conditions are consistent with those encountered in our test borings. • Seismic Considerations: The project site is located in Seismic Risk Zone I of the Seismic • Zone Map of the United States as indicated by the 1997 Uniform Building Code. Based upon • the nature of the subsurface materials, a soil profile type Sc should be used for the design of structures for the proposed project (1997 Uniform Building Code, Table No. 16-J). A Site • Class C (Table 1615.1.1) should be used for the design of structures for the project if the • International Building Code (IBC 2000) is to be followed. Earthwork: • General Considerations: The following presents recommendations for site preparation, • excavation, subgrade preparation and placement of engineered fills on the project. Earthwork on the project should be observed and evaluated by Terracon. The evaluation • of earthwork should include observation and testing of engineered fill, subgrade preparation, foundation bearing materials, and other geotechnical conditions exposed • during the construction of the project. • • Site Preparation: Strip and remove existing vegetation and other deleterious materials from proposed structure areas. Exposed surfaces should be free of mounds and • depressions that could prevent uniform compaction. • 10 • • • • Town of Firestone 1.5 MG Water Storage Tank lir enacon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • Stripped materials consisting of vegetation and organic materials should be wasted from • the site, or used to re-vegetate landscaped areas or exposed slopes after completion of earthwork operations. Exposed areas which will receive fill, once properly cleared, • should be scarified to a minimum depth of 12 inches, conditioned to near optimum • moisture content, and compacted. If unexpected fills or underground facilities are encountered, Terracon should be • contacted to observe the conditions exposed and to provide guidance and additional recommendations prior to backfill placement and/or construction. Based on the subsurface conditions encountered in our borings, subgrade soils exposed • during construction should not "pump" or deform excessively at their in-place moisture • contents. However, it should be recognized that the stability of the subgrade may be • affected by precipitation, repetitive construction traffic, compaction water or other factors. If unstable conditions develop, workability may be improved by scarifying and drying. Over-excavation of wet zones and replacement with drier materials may be • needed. • Fill Materials and Placement: Clean on-site clay soils or imported materials tested and . approved by Terracon may be used as fill or backfill material on the site. Imported soils (if needed) should be evaluated and approved by the geotechnical engineer prior to importation to the site. The properties of the fill will affect the performance of on-grade slabs and other features constructed near the ground surface. Claystone bedrock • materials or high plasticity clay soils are not recommended for use as compacted fill or • backfill adjacent to or beneath structures unless approved by the geotechnical engineer. • Fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift. A construction disc or other suitable equipment will likely be needed to break down the fill • materials and to aid in achieving uniform moisture content throughout the fill. Common • fill and/or backfill on the site should be compacted to at least 95 percent of the standard • Proctor maximum dry density (ASTM D698). Fill below foundations should be compacted to at least 98 percent of the standard Proctor maximum dry density (ASTM D698). 41 • On-site clay soils or imported soils having similar properties should be compacted within • a moisture content range of 2 percent below to 2 percent above optimum unless modified by the project geotechnical engineer. Imported granular soils approved by our •• • 11 •• • • Town of Firestone 1.5 MG Water Storage Tank lierracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • • office should be compacted within a moisture range of 3 percent below to 2 percent above optimum unless modified by the project geotechnical engineer. • 41 The recommendations for placement and compaction criteria presented assume that fill • depths will be less than 5 feet. Fills less than 5 feet in depth, when placed and • compacted as recommended in this report will experience some self-weight induced • settlement/compression, generally on the order of '/1 inch. The amount and rate of settlement will be increased if water is introduced into the fill. If fill depths exceed 5 feet, • we should be contacted to determine whether modifications to the fill placement and • compaction criteria are needed. • • Slopes: For permanent slopes in compacted fill or cut areas where saturation of the • slopes will not occur,we recommend slopes of 3:1 (horizontal to vertical), or less to reduce • erosion and maintenance problems. If saturated or steeper slopes and/or slopes over 10 feet in height are anticipated, or if structures or other surcharge loads will be located • within a distance of the slope height from the crest of the slope, the slopes should be evaluated for stability on an individual basis. The face of all slopes should be compacted • to the minimum specification for fill embankments. Alternately, fill slopes can be over- • built and trimmed to compacted material. Slopes should be revegetated as soon as • possible to reduce the potential for erosion problems. Surface drainage should be designed to direct water away from slope faces. • • Excavation and Trench Construction: It is anticipated that relatively shallow • excavations for the proposed construction can be accomplished with appropriate sized • earthmoving equipment or excavators on most of the site. • In general, excavations will likely penetrate stiff to very stiff clays and weathered to hard claystone bedrock. Excavations into these materials can be expected to stand on relatively • steep temporary slopes during construction, unless seepage occurs or the side slopes • become saturated. However, caving sand soils may also be locally present and flatter 41 expected inclinations will be needed for these conditions. Groundwater seepage is not expected for excavations on the site. However, if seepage occurs or rain or snow-melt • water develops, it should be removed as soon as possible. Control of water in the • excavation (if any) should be feasible with sump pits and pumps. More extensive • dewatering efforts may be required for significant groundwater flow, or should • excavations penetrate groundwater to a significant depth. • The individual contractor(s) should be made responsible for designing and constructing • stable, temporary excavations as required to maintain stability of the excavation sides • • 12 • • • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • and bottom as well as any adjacent structures. Excavations should be sloped or shored • in the interest of safety following local, and federal regulations, including current OSHA excavation and trench safety standards. As a safety measure, it is recommended that all vehicles and soil piles be kept to a minimum lateral distance from the crest of the slope • equal to no less than the slope height. The exposed slope face should be protected • against the elements. If any excavation, including a utility trench, is extended to a depth • of more than 20 feet, it will be necessary to have the side slopes designed by a professional engineer. • • The soils to be penetrated by the proposed excavations may vary significantly across • the site. The preliminary soil classifications are based solely on the materials • encountered in widely spaced exploratory test borings. The contractor should verify that • similar conditions exist throughout the proposed area of excavation. If different subsurface conditions are encountered at the time of construction, the actual conditions • should be evaluated to determine any excavation modifications necessary to maintain • safe conditions. • • Additional Design and Construction Considerations: • Underground Utility Systems: Underground piping within or near the proposed tank • structure should be designed with flexible couplings or "slip" connections, so deviations • in alignment due to anticipated soil and/or foundation movements do not result in • breakage or distress to piping and connections. Utility knockouts should be oversized to • accommodate differential movements. • Utility trenches should be excavated on safe and stable slopes in accordance with • OSHA regulations as discussed above. Backfill should consist of the on-site clay soils or • existing bedrock. If bedrock is used, all plus 6-inch material should be removed from it • prior to its use. The pipe backfill should be compacted to at least 95 percent of the • standard Proctor maximum dry density ASTM D698. It is strongly recommended that a • representative of the geotechnical engineer provide full-time observation and compaction testing of trench backfill within and adjacent to the tank structure • Corrosion Protection (Concrete): We measured soluble sulfate concentrations for • representative samples of the soils/bedrock which will likely be in contact with structural • concrete. The sulfate concentrations measured in the samples varied from 45 to 360 ppm. • ACI rates the measured concentrations as being a negligible risk of concrete sulfate attack and Type I cement should be suitable for concrete members on and below grade. • However, if there is no, or minimal cost differential, use of Type II Portland cement is • • 13 •• • • Town of Firestone 1.5 MG Water Storage Tank lierraCpn • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 • suggested for additional sulfate resistance of construction concrete. Foundation concrete should be designed in accordance with the provisions of the ACI Design Manual, Section • 318, Chapter 4. • Surface Drainage: Positive drainage should be provided during construction and • maintained throughout the life of the proposed tank structure. Infiltration of water into utility or foundation excavations must be prevented during and after construction. Surface • drainage will be important to the performance of foundations, on grade slabs and other • features constructed near the ground surface. Maintenance of surface drainage is • imperative subsequent to construction, and becomes the responsibility of the owner. • Planters and other surface features that could retain water in areas adjacent to structures • should be sealed or eliminated. In areas where sidewalks or paving do not immediately • adjoin the structure, we recommend that protective slopes be provided with a minimum grade of at least 10 percent for at least 15 feet from the perimeter of the tank, where at all possible. Backfill against structures, and in utility trenches should be well compacted • cohesive soils (on-site or approved imported clays) and free of construction debris to • reduce the possibility of moisture infiltration. Sprinkler systems should not be installed • within 15 feet of the structure. Landscaped irrigation adjacent to the foundation system should be eliminated. • • GENERAL COMMENTS • • Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical • recommendations in the design and specifications. Terracon also should be retained to • provide testing and observation during excavation, grading, foundation and construction • phases of the project. • The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information • discussed in this report. This report does not reflect variations that may occur between • borings, across the site, or due to the modifying effects of weather. The nature and extent • of such variations may not become evident until during or after construction. If variations • appear, we should be immediately notified so that further evaluation and supplemental • recommendations can be provided. • The scope of services for this project does not include either specifically or by implication • any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or • identification or prevention of pollutants, hazardous materials or conditions. If the owner is • 14 • Town of Firestone 1.5 MG Water Storage Tank Terracon • WCR 17,Between WCR 14 and WCR 16 Weld County,Colorado • Terracon Project No.22045283 •• concerned about the potential for such contamination or pollution, other studies should be undertaken. • This report has been prepared for the exclusive use of our client for specific application to • the project discussed and has been prepared in accordance with generally accepted • geotechnical engineering practices. No warranties, either express or implied, are intended • or made. Site safety, excavation support, and dewatering requirements are the • responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. • • • • ' • • 15 • • is [t4O12714 TANG SITE SELECTED AS PER TST, INC.Consulting Engine JANUARY n,2005 .1 TS- r O Z ISTING T n 4 i.) O PROPOSED ALTERNATIVE Of I3 MG WATER STORAGE } TANK 917E I- 2 0 U • o • • • EXISTING TANK • • • O • � N • 2 • • • • • I 00 • LEGEND tTST, INC. Consulting Engineers et APPROXIMATE LOCATION CF PROPOSED lb MG WATER STORArsE TANK SITE • 4 TEST BORING DRILLED oN WELD COUNTY ROAD NO. it JANUARY 1.2005. TOWN OF FIRESTONE, COLORADO • FIGURE I: BORING LOCATION DIAGRAM Protect Planar E$W rtort X°22045283 • Draw.F EWA Zrerracon some. I' • 100' • R2 CEB 4-24-01 ass M ESA 242 Irsnocd Place Date I/1/O5 IAGRAM IS FOR GENERAL LOC ON ATION LY,AND IS R1 CEB 5-19-99 tupnont.Ca rode 90501 INTENDED FOR CONSTRUCTION PURPOSES R0 CIIS 4-22-98 �MProwa M ESW 303-n6-3921 5'—t Na. I of I • • LOG OF TEST BORING NO. TB-1 Page 1 of 1 • CLIENT • TST, INC. Consulting Engineers SITE WCR 17, Between WCR 16 & 14 PROJECT • Weld County, Colorado Firestone 1.5 MG Water Storage Tank • Boring Location: North Water Tank Site SAMPLES TESTS • -J • ZO a o≥ a 0w • o DESCRIPTION >- Z = o a • U > c' w � C Z - ILLw0 O<O _ = v) w O w� Kw Z Z J 12 a a U 0 a OU z 3 rw-z > OC-Ill -“id A rox. Surface Elev.: 5094.5 ft o Cl) i w w o <o z o t5 a o PP F Lot' >U o a DO� �� • �. '0.s SURFICIAL SOIL LAYER 5u94 j (Clayey Soil with light vegetation and root I • penetration. _ • LEAN CLAY with SAND 5 _ CI CR 17/12 2n 97 +0.0/500 • 6 silty, brown, tan, beige, stiff to very stiff. 5088.5 • CLAYSTONE g grey, beige, rust, weathered, contains 5085.5 - • eva orites. 10 - CR 5n/R 11 , 117 +0.0/1000 SANDSTONE/SILTSTONE/CLAYSTONE - • ; 12 interbedded,tan, beige, grey, rust,firm to 5082.5 • hard. / — CLAYSTONE CR 50/R 17 115 +2.7/1000 grey, olive, beige,with rust to orange 15 _ brown streaks, medium hard to hard, _ • slightly lignitic. • - 20 — CR 5n/12 21 1n6 +3.8/2500 • - - • - 25 - CR 50/11 71 -Inn • • 30 I:R, 50/1n 19 109 11740 • - • - - • 35- • - • 40 CR 50/9 17 112 142140 • - ••0 45 •: - O 150 5044.5 50 - r'R -.50/7 21 1014 13410 o Bottom of Test Boring •g •� The stratification lines represent the approximate boundary lines •N between soil and rock types: in-situ,the transition may be gradual. •� WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-7-05 •o V Dry 1/7/05 Dry 1/10/05 1 %rracon BORING COMPLETED 1-7-05 r RIG Deidrich D-55 FOREMAN DJD �w m WL APPROVED ESW JOB# 22045283 • , • • LOG OF TEST BORING NO. TB-2 Page 1 of 1 • CLIENT • TST, INC. Consulting Engineers SITE WCR 17, Between WCR 16 & 14 PROJECT • Weld County, Colorado Firestone 1.5 MG Water Storage Tank • Boring Location: South Water Tank Site SAMPLES TESTS • O a d ZZ a ❑≥ n cow • DESCRIPTION g p z n~ O w n O r } w w � a Z u.w O UQ-e: • = rO w > HZ e_w Z ZaZ JU._ 9,1- 2 a co 2 a. OU z 3 Hz Y OUMet Lucca w V) 2 F K 82 ?iOO O a DOUG �yO Approx. Surface Elev.: 5091.0 ft o z • p : u7s SURFICIAL SOIL LAYER 004.5\Clayey Soil with light vegetation and root I — • enetration. CLAYEY SAND to SANDY LEAN CLAY 5 -SC CR 97/19 11 1 nR +0.9/500 red to orange brown, beige, very 7 stiff/medium dense, slightly calcareous, 5084 — trace fine GRAVEL. • Clayey SANDSTONE/SILTSTONE - SR r)/7 15 105 0.1/1000 olive tan, beige, grey,yellow brown, 10 - • weathered to hard, fine grained, poorly to = moderately cemented, contains lenticular = • F beds of CLAYSTONE below approximately — — r R 5n/R 11 • 15 feet. 15 - .H4: 22 20 = ,CR 5017 14 115 +0.4/2500 5069• - CLAYSTONE • silty in places, olive brown, grey, beige, with rust to orange brown streaks, medium 25 _ CR 5n/R 15 115 • hard to hard, lignitic below a depth of about 40 feet. —_ 30 — rR 50/7 15 114 • 35 = • • 40 CR 50/5 20 10Q, R190 • - — • 45— • o — •SI 50 5041 50 — C R S0/q 71 109_ 14440 o Bottom of Test Boring • • The stratification lines represent the approximate boundary lines •n between soil and rock types: in-situ,the transition may be gradual. •ry WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-7-05 •o WL Y Dry 1/7/05 s Dry 1/10/05 lerracon RIGBONG Deidrich O DS5EDFOREMAN 1-7-05 DJD O ;6`WL APPROVED ESW JOB/t 22045283, • • • • 10 • • 8 • • 6 • • J 4 • W •• 2 • • a • • 0 -2 • O • 0 co • O Z -4 U • • -6 • • -8 • • -10 0.1 1 10 100 • APPLIED PRESSURE,ksf • • • a Specimen Identification Classification Yd, pcf WC,% • • TB-1 4.0ft LEAN CLAY with SAND(CL) 97 20 0 • 0 • Notes: Water Added at 500 psf. • 0 • • $ SWELL/CONSOLIDATION TEST e Tank • 0 lierracon Site: WCR 17oBetwene 1.5 rn WCR G t16 &er t 14 g Weld County, Colorado • o Job#: 22045283 • Date: 1-18-05 • • • 10 • •• •• • •• w 4•• cr • • 00• • o -2 • Q O CO • O • Z -4 • • -6 • • • 8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE, ksf • • 6)" Specimen Identification Classification Ya, pcf WC,% • TB-1 9.0ft SANDSTONE/SILTSTONE/CLAYSTONE 117 11 0 z • 0 • Notes: Water Added at 1,000 psf. • c • SWELL/CONSOLIDATION TEST Project: Firestone 1.5 MG Water Storage Tank • 0 Merracon JSite: WCR 17,ob#: 20452 Between WCR 16 & 14 Weld County, Colorado r 3 Date: 1-17-05 • • • • • 10 • • 8 • • • • J 4 •• • 2 • • • • o -2 • 0 • co Z -4 0 • U • -6 • • • -8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE,ksf • • • e Specimen Identification Classification Yd, pcf WC,% • • TB-1 14.0ft CLAYSTONE 115 17 • 0 • I Notes: Water Added at 1,000 psf. • a' • m • SWELL/CONSOLIDATION TEST • Project: Firestone 1.5 MG Water Storage Tank • Job :lierracort Site: WCR , Between WCR 16 & 14 Weld County, Colorado •• Date: 1-17-05 • • • • 10 • 8 • • 6 • J 4 • 'On •• • • • -• • O -2 • F- • cn O • z _4 • • • • -8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE,ksf • • • Specimen Identification Classification Z pcf WC,% • S • TB-1 19.0ft CLAYSTONE 106 21 0 • Notes: Water Added at 2,500 psf. w • N = SWELUCONSOLIDATION TEST • lierracon Project: Firestone 1.5 MG Water Storage Tank 'o Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado . o Job#: 22045283 • Date: 1-17-05 • • • • 10 • • 8 • • • 6 • • 4 • • • 2 • • • • • O -2 • 0 • 0 z 0 • • • -6 • • -8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE,ksf • • • e" Specimen Identification Classification Yd, pcf WC,% • • TB-1 19.5ft CLAYSTONE 107 20 • • Notes: No Water Added to Sample • 1 • U, • SWELL/CONSOLIDATION TEST Project: Firestone 1.5 MG Water Storage Tank • 'Herr acon Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado • 0 Job 3 • r Date: 1-20-05 • • • • • 10 •• • • • • • -J 4 • '#) • • 2 • • • • • a 2 • 0 • co z -4 O • • -6 • • • -8 '• • -10 • 0.1 1 10 100 • APPLIED PRESSURE,ksf • • • L Specimen Identification Classification %, pcf WC,% • iE • TB-2 4.0ft CLAYEY SAND(SC) 106 13 • 0 • Notes: Water Added at 500 psf. • • oz SWELL/CONSOLIDATION TEST Project: Firestone 1.5 MG Water Storage Tank • lrerr acon Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado • 0 Job • Date: 1-17-05 • • • • 10 • • 8 • • • 6 • • J 4 • • • 2 • • • • • o -2 a • O 0 • z O • • • -6 • • -8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE, ksf • Specimen Identification Classification 7d, pcf WC,% • • TB-2 9.0ft Clayey SANDSTONE/SILTSTONE 106 15 • • Notes: Water Added at 1,000 psf. • 'a • : • o Ln • SWELL/CONSOLIDATION TEST lierracon Project: Firestone 1.5 MG Water Storage Tank • i Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado • Job#: 22045283 • Date: 1-17-05 • • • • • 10 • • 8 • • • 6 • • -J> 4 > • > • • 2 • • • • O -2 • • O • 0 • • • -6 • • -8 • • -10 • 0.1 1 10 100 • APPLIED PRESSURE, ksf • • • Specimen Identification Classification Yd, pcf WC,% • LS • TB-2 19.0ft Sandy CLAYSTONE/SILTSTONE 116 13 • 0 • Notes: Water Added at 2,500 psf. • • g • • SWELL/CONSOLIDATION TEST 111!rraccln Project: Firestone 1.5 MG Water Storage Tank • o Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado • g Job#: 22045283 • ° Date: 1-17-05 • • • • U.S.SIEVE OPENING IN INCHES I U.S.SIEVE NUMBERS I HYDROMETER 4 3 2 1.5 i 3/4 1/2 3 6 a10 1416 20 30 40 50 60 100140200 • 100 I I I T I I • 95 1:!. \,e1\ • 90 • 85 • 80 • 75 - . • 70 • 65 -- • _ c7 60 • ij • c>-o 55 cc • z 50 lc` • z 45 w • ci cc 40 w • o_ 35 • 30 • 25 • 20 • 15 • • 10 • 5 • 0 100 10 1 0.1 0.01 0.001 • GRAIN SIZE IN MILLIMETERS • COBBLES GRAVEL SAND SILT OR CLAY • coarse I fine coarse I medium I fine • Specimen Identification Classification LL PL PI Cc Cu • • TB-1 4.0ft LEAN CLAY with SAND(CL) 35 19 16 I TB-2 4.0ft CLAYEY SAND(SC) 28 16 12 • • 273 Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt I %Clay o • TB-1 4.0ft 4.75 0.0 20.8 79.2 • o m TB-2 4.0ft 9.5 0.119 0.7 57.2 42.1 • 1 • 0 GRAIN SIZE DISTRIBUTION/SOIL CLASSIFICATION • El N Project: Firestone 1.5 MG Water Storage Tank • Z lierracon Site: WCR 17, Between WCR 16 & 14 Weld County, Colorado • g Job#: 22045283 • Date: 1-18-05 • • • GENERAL NOTES • DRILLING&SAMPLING SYMBOLS: • SS: Split Spoon-1 3/8"I.D.,2"O.D., unless otherwise noted HS: Hollow Stem Auger • ST: Thin-Walled Tube—2.5"O.D., unless otherwise noted PA: Power Auger RS: Ring Sampler-2.42"I.D.,3"O.D.,unless otherwise noted HA: Hand Auger • CB: California Barrel- 1.92"I.D.,2.5"O.D.,unless otherwise noted RB: Rock Bit • BS: Bulk Sample or Auger Sample WB: Wash Boring or Mud Rotary • The number of blows required to advance a standard 2-inch O.D. split-spoon sampler(SS)the last 12 inches of the total 18-inch penetration with a 140-pound hammer falling 30 inches is considered the "Standard Penetration" or "N-value". For 2.5" 0.0. • California Barrel samplers (CB) the penetration value is reported as the number of blows required to advance the sampler 12 inches using a 140-pound hammer falling 30 inches, reported as "blows per inch," and is not considered equivalent to the • "Standard Penetration"or"N-value". • WATER LEVEL MEASUREMENT SYMBOLS: • WL: Water Level WS: While Sampling WCI: Wet Cave in WD: While Drilling • DCI: Dry Cave in BCR: Before Casing Removal • AB: After Boring ACR: After Casing Removal • Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils,the indicated levels may reflect the location of groundwater. • In low permeability soils,the accurate determination of groundwater levels may not be possible with only short-term observations. • DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils • have more than 50%of their dry weight retained on a#200 sieve;their principal descriptors are:boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a#200 sieve; they are principally described as clays if they • are plastic,and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined • on the basis of their in-place relative density and fine-grained soils on the basis of their consistency. • FINE-GRAINED SOILS COARSE-GRAINED SOILS BEDROCK • fc� MI fC6� 1SS) Relative fa l3 • Blows/Ft. Blows/Ft. Consistency Blows/Ft, Blows/Ft. Density Blows/Ft. Blows/Ft. Consistency • <3 <2 Very Soft 0-5 <3 Very Loose <24 <20 Weathered 3-4 2-3 Soft 6-14 4-9 Loose 24-35 20-29 Firm • 5-7 4-6 Medium Stiff 15-46 10-29 Medium Dense 36-60 30-49 Medium Hard 8-15 7-12 Stiff 47-78 30-49 Dense 61-96 50-79 Hard • 16-32 13-26 Very Stiff >78 >49 Very Dense > 96 >79 Very Hard • > 32 >26 Hard • RELATIVE PROPORTIONS OF SAND AND GRAIN SIZE TERMINOLOGY GRAVEL • Descriptive Terms of Percent of Major Component • Other Constituents Dry Weight of Sample Particle Size Trace < 15 Boulders Over 12 in. (300mm) • With 15—29 Cobbles 12 in.to 3 in.(300mm to 75 mm) • Modifier >30 Gravel 3 in.to#4 sieve(75mm to 4.75 mm) Sand #4 to#200 sieve(4.75mm to 0.075mm) • Silt or Clay Passing#200 Sieve(0.075mm) • RELATIVE PROPORTIONS OF FINES PLASTICITY DESCRIPTION Descriptive Terms of Percent of • Other Constituents Dry Weight Term Plasticity Index • Trace <5 Non-plastic 0 With 5-12 Low 1-10 • Modifiers > 12 Medium 11-30 High 30+ • • • llerracan • • • UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests" Soil Classification Group Symbol Group Name° Coarse Grained Soils Gravels Clean Gravels Cu z 4 and 1 s Cc s 3E GW Well graded gravel' More than 50%retained More than 50%of coarse Less than 5%fines` Cu<4 and/or 1 >Cc>3E GP Poorly graded gravel' fraction retained on on No.200 sieve No.4 sieve Gravels with Fines Fines classify as ML or MH GM Silty graver" More than 12%foes` Fines classify as CL or CH GC Clayey graver" Sands Clean Sands Cu z 6 and 1 s Cc s 3E SW Well graded sand' 50%or more of coarse Less than 5%fines° Cu<6 and/or 1>Cc>3E SP Poorly graded sand' fraction passes No.4 sieve Sands with Fines Fines classify as ML or MH SM Silty sand°" More than 12%fines° Fines classify as CL or CH SC Clayey sand')." Fine-Grained Soils Silts and Clays Inorganic PI>7 and plots on or above"A"line' CL Lean clay"'-M 50%or more passes the Liquid limit less than 50 PI<4 or plots below"A"line' ML Silt"" No.200 sieve Organic Liquid limit-oven +""organic clay" <0.75 OL dried Liquid limit-not Organic siltK`"° dried Silts and Clays Inorganic PI plots on or above"A"line CH Fat clay"}" Liquid limit 50 or more PI plots below"A"line MH Elastic silt",.,,, Organic Liquid limit-oven dried Organic clay"." <0.75 OH Liquid limit-not dried Organic silt""".° Highly organic soils Primarily organic matter,dark in color,and organic odor PT Peat ABased on the material passing the 3-in.(75-mm)sieve "If fines are organic,add"with organic fines"to group name. e If field sample contained cobbles or boulders,or both,add"with cobbles I If soil contains≥15%gravel,add"with gravel"to group name. or boulders,or both"to group name. 'I If Atterberg limits plot in shaded area,soil is a CL-ML,silty clay. °Gravels with 5 to 12%fines require dual symbols: GW-GM well graded Klf soil contains 15 to 29%plus No.200,add"with sand"or"with gravel with silt, GW-GC well graded gravel with clay,GP-GM poorly gravel,"whichever is predominant. graded gravel with silt, GP-GC poorly graded gravel with clay. L ° °Sands with 5 to 12%fines require dual symbols: SW-SM well graded f an"sandy"to groups≥n0/°plus No.200 predominantly sand,add sand with silt,SW-SC well graded sand with clay,SP-SM poorly graded a name. ° sand with silt,SP-SC poorly graded sand with Gay If soil contains≥30/°plus No.200,predominantly gravel, add"gravelly"to group name. ECU "PI≥4 and plots on or above"A"line. CU=D60/O10 Cc= DIG x Deo ° PI<4 or plots below"A"line. F If soil contains≥15%sand,add"with sand"to group name. PPI plots on or above"A"line. °If fines classify as CL-ML,use dual symbol GC-GM,or SC-SM. ° PI plots below"A"line. 60 I I I I For classification ntd ctned , e soils and fine-grained fraction 50 —of coarse-grained soils l <>c, vco c Equation of"A° line J,Y 4' II d Horizontal at PI=4 to LL=25.5. X 40 — then PI 0.73(LL-20) ,-- - --_ O+- Wp Equation of"U"-line G�.°c • ? Vertical at LL=16 to PI=7, • >- 30 — then P1=0.9(LL-8) V '',■■■ U 1 O • n zo G ■■ - • ■ MH or OH a • ML or OL ■■■■■■ • 0 10 16 20 30 40 50 60 70 80 90 100 110 • LIQUID LIMIT(LL) 1 lerracon _ • • i S ROCK CLASSIFICATION • (Based on ASTM C-294) • Sedimentary Rocks • Sedimentary rocks are stratified materials laid down by water or wind. The sediments may be • composed of particles or pre-existing rocks derived by mechanical weathering, evaporation or by • chemical or organic origin. The sediments are usually indurated by cementation or compaction. Chert Very fine-grained siliceous rock composed of micro-crystalline or cyrptocrystalline 111 quartz, chalcedony or opal. Chert is various colored, porous to dense, hard and has a conchoidal to splintery fracture. • Claystone Fine-grained rock composed of or derived by erosion of silts and clays or any • rock containing clay. Soft massive and may contain carbonate minerals. • Conglomerate Rock consisting of a considerable amount of rounded gravel, sand and cobbles • with or without interstitial or cementing material. The cementing or interstitial • material may be quartz, opal, calcite, dolomite, clay, iron oxides or other materials. • Dolomite A fine-grained carbonate rock consisting of the mineral dolomite [CaMg(CO3)21. May contain noncarbonate impurities such as quartz, chert, clay minerals, organic • matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Limestone A fine-grained carbonate rock consisting of the mineral calcite (CaCO3). May contain noncarbonate impurities such as quartz, chert, clay minerals, organic • matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Sandstone Rock consisting of particles of sand with or without interstitial and cementing materials. The cementing or interstitial material may be quartz, opal, calcite, • dolomite, clay, iron oxides or other material. • Shale Fine-grained rock composed of or derived by erosion of silts and clays or any rock containing clay. Shale is hard, platy, of fissile may be gray, black, reddish or • green and may contain some carbonate minerals (calcareous shale). • Siltstone Fine grained rock composed of or derived by erosion of silts or rock containing • silt. Siltstones consist predominantly of silt sized particles (0.0625 to 0.002 mm in • diameter) and are intermediate rocks between claystones and sandstones and • may contain carbonate minerals. • • • • lierracon • • Hello