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Home My WebLink About20063207.tiff 101,?‘ MEMORANDUM TO: Board of County Commissioners October 26, 2006 FROM: Jacqueline Hatch COLORADO SUBJECT: USR-1576 Scott Deemer The applicant for USR-1576, Scott Deemer has submitted the attached documentation. 1. Prior to scheduling a Board of County Commissioners hearing: A. If applicable, the applicant shall submit a detailed signage plan to the Department of Planning Services. The applicant has submitted the attached letter dated October 16, 2006 with two pages of graphics delineating the proposed sign to be on site. B. A Landscaping and Screening Plan shall be submitted to the Department of Planning Services demonstrating how the outdoor storage area is to be screened from adjacent properties and public rights-of-way. The applicant is proposing the same Landscaping and Screening Plan as originally submitted. Staff is requesting that the applicant demonstrating how the outdoor storage area is to be screened from adjacent properties and public rights-of-way. They are currently proposing a chain link fence. C. The applicant shall provide current evidence that the facility has a commercial tap from the Left Hand Water District to the Department of Planning Services. The applicant has submitted the attached letter dated October 16, 2006 from Left Hand Water District stating that they are working on changing the water tap from residential to commercial. The Left Hand Water District is requiring County approval prior to switching the service. D. The applicant shall submit to the Department of Planning Services written evidence from the Colorado Department of Transportation that an access permit has been applied for. The applicant and CDOT have submitted the attached email from Gloria Hice-Idler with CDOT dated October 10, 2006 stating that they have applied for an access permit. E. The applicant shall submit a copy of a recorded shared access agreement with the property to the west to the Department of Planning Services. The applicant has submitted a copy of a recorded access agreement recorded October 25, 2006, reception number 3429976. Thank you EXHIBIT 2006-3207 LL3�2-#k 15'70 OUTDOOR CRAFTSMEN, LTD. 1503 HIGHWAY 52 ER14 CO 60516 303-628-0408 October 16, 2006 Jacqueline Hatch, Planner Weld County Planning Department 4209 WCR 42.5 Longmont, CO 80504 720-652-4211 Re: USR-1576 Dear Ms Hatch, In response to the referral responses I have assembled the information needed to reply to the responses. • A detailed sign proposal plan is attached to show what we would like to do. This information satisfies Condition of Approval 1A,prior to scheduling the Board of County Commissioner's hearing. • The landscape screening is outlined on the landscape design we previously submitted. It refers to the chain link fence which is 460 Linear Feet of Security Fence, 36 Linear Feet of Cedar Fence between house and garage. This information, coupled with the Landscape and Screening Plan submitted with application materials, satisfies Condition of Approval 1 B,prior to scheduling the Board of County Commissioner's hearing. • Please see attached email from Gloria Hice-Idler with Colorado Department of Transportation dated Tuesday, October 10, 2006. This email is addressed to you and to Kim Ogle and states our Access Permit application has been submitted and is in the process of approval. Therefore,this email serves as evidence the permit has been applied for and Condition of Approval 1 D,prior to scheduling the Board of County Commissioner's hearing has been satisfied. Condition of Approval IE indicates the need for a recorded Access Agreement. Ms. Hice-Idler with the Colorado Department of Transportation has indicated verbally to our representatives at Todd Hodges Design, LLC that an Access Permit application signed by the neighboring property will suffice for this condition. Please see the attached Access Permit which was provided to the Colorado Department of Transportation. • We are in receipt of the New Consolidated Lower Boulder Reservoir and Ditch Company referral dated August 27,2006. Per Condition of Approval item 2H on page 5; we will not plant trees or shrubs within 40' of the ditch centerline. Condition of Approval item 2H has therefore been addressed. • Scott Deemer is in the process of meeting Left Hand Water District requirements for 1503 SH 52. We have submitted a change in tap application. Please see a copy of this letter attached. See attached letter from Kathy Peterson General Manager of Left Hand Water District, with a detailed copy of the District policy regarding the backflow requirements. Please let this letter serve as evidence the process has started and therefore Condition of Approval 1C of staff comments found on page 4 has been met. • Our property Maintenance Plan(per Staff Comments page 4, item 2 C) is as follows: The property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than 12 inches. This does not include ornamental grasses. In no event shall the property owner allow the growth of noxious weeds. Therefore this condition has been satisfied. • From page 4, item 2 A I have sent the abatement plan via email to Char Davis and I am awaiting her reply. Please see attached email to Char Davis with Department of Environmental Health Services dated Thursday, October 12, 2006. Please see the attached email from Char Davis indicating approval of this Condition dated October 16, 2006. We would like to remain on the consent agenda with the planning commission hearing October 17, 2000. Please contact our representative Todd Hodges Design (970)613-8556 regarding y ceptance that these conditions have been satisfied. 1 Sincerely, I Scott Deemer Vi nilt ...... rz rs0 O I) ei IS lb L, , , i _a � v ,..„... , � Si '1 ,,,.. 8 in rib -- Irip s t a s(,4 .444 ms 'm ri i R a .: I . 0 I , `' I 1 lI � �rlfl ` !1w 1 II Ii.IiI el I : , , , s ...I iiip 1 i . 8 i . �Qll �iV I : a I m. I _ to Kg, N /��I 1 w ,I►\i s 'V/. 2 ?s (9)is WY 'I 14)* v -Qt. Ati:EY-4. FF AN, F 'a .r5 mWW rlYe hY'Wdef4+Wel (('I •j .iov........ / La• �� 6Y"ALLiN VY m µ �1- 1 ►j�i Path(Nor -- to9..rewr.. (a Oj CJ,/' ce�sw , _ - co"a -1dn, c`� �t vwr.r« i � o*d�.r..,. n �#4r �.� c,,...:S f�)i. M £14 R } 4 ho.a. s ,434f 14;','s•, m 1 a —_,)N. OPwartIEr — X X ,) ,I)Catewsal .«.n.ru.r DE PROPERTY OUTDOOR 1 W1C�W CRAFTSMEN LTD. PM W ALL( HIGHWAY 52 rr°^••"•IO•• APPOWID mw WELD COUNTY.CO Pa(8011•11•0606 �fe'••,•" a 001/004 Left Hand Water District October 16,2006 Barbara Rhoades Outdoor Craftsmen,LTD 1503 Highway 52 Erie, CO 80516 Re: Transfer of Tap to Commack'Use, 1503 Highway 52,Weld Connty Dear Ms.Rhoades: The Left Hand Water District has an existing residential water tap at the above referenced address. Since the use of this tap and structure will no-longer be residential but commercial,the District will,at your request,transfer the account to a commercial classification,once County approval is received. You will be required,as a commercial customer,to install and maintain an appropriate backtlow preveodon device at your expense,and to have a certified backflow inspector conduct annual tests and provide the results to the District Attached is a copy of the District policy regarding backflow,a list of certified inspectors, and a page front the District Standards and Specifications for a vault to install a backflow device 10' from your c risiing meter pit. A licensed plumber can perform the installation of the backflow device. Please let us bow when you have County approvals in place and when you will be proceeding with the ba llow installation. As soon as that is in place we will change the tap classification la to Commercial. oSett el - Kathy terser General Manger P.O. Box 210-Niwol. CO 80544-02w+ Shone W4-510-dull)iv Fax 303 530 5252•.• www.ehhandwaarcurg 1. rdoffi►Caticn. i a new customers snarl ue pt Cats wan unvrrrlarl..lI o... .. .......y lot 004/004 a • i ti w s 14 8. "x• y 44 La• N 1 .... CD — " t A. V 2 f, 1 ~ Q co 1, 1 - CV ti z yWybe a 4 3 r-1 t- R z s up uQ] ~ a s z k y 8 g k la, i W a 2 EV I Q ® ti Cl N y o .• v CC W N . . . .. N C4r_, W • "V wpH V 4 1: ki Wal g 0. xd y • `� O itm .. .o m 003/004 ewe. Left Hand Water Dirtrict Certified Backflow Devicg J9svectors 11 A-1 Backflow: 303-746-2622 Longmont,CO 2. A-1 Plumbing: 303-629-0722 Denver, CO 3. Advanced Backflow: 303-427-5556 Westminster, CO 4. Affordable Backflow: 303-682-0787 Longmont, CO 5. Backflow Tech: 303-986-4601 Lakewood,CO 6. Backflow Testing Services: 970-667-9874 Loveland,CO 7. Cros Con Tec: 970-635-1875 Loveland, CO 8. Cross Connection Services: 303-680-5501 Aurora,CO 9. Freedom Fire Protection: 303-827-2060 Longmont,CO 10.Rocky Mm. Fire&Safety: 303-321-0345 Denver,CO Left Hand Water District P.O. Box 210 Niwot,CO 80544.0210—Phone 303-530-4200-Fax 303.530.5252-www.lefthandwater.dscco.us USR 1576 - Parcel 131332000028 Page 1 of 1 Jacqueline Hatch From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Tuesday, October 10, 2006 2:05 PM To: Jacqueline Hatch; Kim Ogle Cc: Anne Johnson of Todd Hodges Design, LLC; barb@outdoorcraftsmen.com Subject: USR 1576 - Parcel 131332000028 Jacqueline and Kim, I wanted to let you know that we've received the access application for the above USR. We anticipate issuing an access permit within the next three weeks. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 10/16/2006 COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Instructions: - Contact the Colorado Department of Transportation(COOT)or your toil government to determine your issuing authority. - Contact the issuing authority to determine what plans and other doatments are required to be submitted with your application. - Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CDOT's Access Management website at hgpolevww dotstatr co us1AccessPermts/indox trim 1)Properyovmer(Permittee) 2)Agenl forpermitee(if different tom properly comer) Scot"bee Air r Jolty. 'FtIc —raja l4o45es. Street address Mailing address -D3 :5it,:scis2,L,4_:,, _co 0.1g t\tce. 3-as la (,9 N•C.I eve la.1 4uc City.stale&zip ' Phone# City,state&zip Phrase#(required) - Ejzre Cb 3D5/(0 ioi-64-1 •8awx Lcne to,vsl Co 40537 q-io • &13. f&CC. E-mat address E-mail address if available 5c of+eota}docr d'crFisrnen.coro-t avJa haclysolesi5n if .et LO 5t• net 3)Address of property to be served by permit(required) 1So3 1-l?e)lit4a.� 5a / O L 32s 0a9 (,JR. . C 0.te Co 8 o ssl, 4)Legal description of propen :If within jurisdictional!units of Municipality,city andlor County,which one? rnunny subdivision Nock rot.71 el� I I I "eZ I a. N I wn6,2 W 5)What Stale Highway are you requesting access from? 6)What side of the hi tway? 5 µ Sal ON �S DE OW 7)How many feet is the proposed access from the nearest role post? How many feet is the proposed access from the nearest cross street? Ea_feet ON EIS QEI Pam: Mile c1 V 4k"trlC feet(JNDSOE❑%%) rom.0 eJ N•ka 5a 8)What is the approximate date you intend to begin construction? 9)Cfrnd here if you are requesting a: ^ new access ❑temporary access(duration anticipated: ) nimprovement to existing access change in access use nremoval of access Dislocation of an existing access(provide derail) 10)Provide existing property use R eciden40.I 11)Do you have knowledge of any Slate highway access permits serving this property,or adjacent properties in which you have a property interest? ()ono D yes.ifyes-what are the permit number(s)and provide copies: andlor,perntdate: 12)Does the property owner own or have any interests in any adjacent property? ETno ❑yes,if yes-please describe: 13)Are there�other existing or dedicated pudic streets,roads,highways or access easements bordering orwthn the property? K'no yes,if yes-list them an your plans and indicate the proposed and existing access points. 14)If you are requesting agricultural field access-how many acres will the access sense? 15)If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/land use square footage business square footage Letv1Asca.f , ties;q1•t 5}ckdlo 1385(0 I exs)s+rsM a9r;cl.t(+tarc I N/A I 16)If you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units? type number of units type number of units I 17)Provide the following vehicle count estimates for vehicles that wit use the access.Leaving the property then returmg is two counts. Indicate if your counts are ..ee.... s t passenger cos and light trucks at peak hots volumes a of Tun cant buds at peak hour vans v Sc^�e hour volumes or Eilaa,,average daily volumes. I Q le a single wades in excess or ft OdraInvehicles(field ei equipment) Total count of all vehicles i0 Previous edldose are obsolete and may not be used Page 1 of 2 CDOT Form*137 1284 gd 80901789-£0£ leweea flops dL.S:£0 90 91. PO 18)Check with the issuing authority to determine which of the foiowirg documents are required to complete the review of your application. a) Property map indicating other access,bordering roads and streets. e) Subdivision,zoning, b) Highway and driveway plan profile. sign.or development plan_ c) Drainage an showing t g Proposeddowner hipign. el mpiliylocationsbfor and after g) Parcel anddownership maps including easements. d) Map and letters detailing utility locations before after h) Traffic studies. development in and along the right-oVway. i) Prooferownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain dearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construdion-Environmental-Guidance webpage htto:llwww.dot.state,co.uslenvironmental/Forms.aso. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations -including, but not limited to the applicable sections at 29 CFR Part 1910 -Occupational Safety and Health Standards and 29 CFR Part 1926 -Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); heed protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSI-IA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <http://www.dot.state.co.usiDesionSu000rt›. then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree,and any other applicable state or federal laws, that all Information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Appicant's signature Print name Da } te B4 r �ckr'� ft VA.0041 c s 1 0 J 1 &, J O (o H the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative(or other acceptable written evidence). This signature shall constitute agreement with this applicatio y all owners-of-interest unless stated in writing. If a permit is issued, the property cases, will be list I_t1rel/permittee. p party owner, in most Property owner signature Y _ Plintname ai I Scan erwler (Date / 10 ! (6 ' OL J41..a rift 1-00 P Pia /o/41 Previous ekltices are obsolete and may not be used Page 2 of 2 COOT Font#137 12/04 9'41 8080 b89 E0E /eweed uooS dLg:£0 90 9L PO • 1269 North Cleveland Avenue Loveland, Colorado 80537/(970)613-8556 Letter of Transmittal Date: 26-Oct-06 To: Jacqueline Hatch FAX: 304-6498 FAX: 720-6524211 Project: USR-1576 Scott Deemer Condition of Approval 1 E Via: Fax Ups X Mail Overnight Pick Up Courier Hand Deliver We Transmit for your. Informatior 1C Files Approval Correction Signature Return Number of Copies: ' Number of Pages: f2. c _ _.: ...._.. Remarks: Jacqueline, Please find a copy of the recorded shared access agreement attached. This is the final item we were to accomplish prior to scheduling the Board of County Commissioners hearing. We request the December 13,2006 hearing date. Please confirm this date. FROM: Todd A. Hodges, ASLA Todd Hodges Design, LLC i 1 'd SLLB-E19-0L6 311 `u9tseQ sa2poH ppod e9T :80 90 92 200 10/28/08 07:09 FAX 3531984 WELD COUNTY CLERIL & AEC — —• ®001 E4, OUTDOOR CRAFTSMEN LTD. -Le* _ , 1503MIGHlBAY5s,_ — ERIE CO 110576 • 303-823-0408I MIDI IIIII IIIII IIN111111111111 1INI II IIII III III 3429976 10/2512006 04:03P WOW County,DO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 6:Recorder Access Agreement 1503 State Highway 52 Erie,Colorado 80516 Part of the SW4 S14 Section 32,Township 2North,Range 68 West of the 6-P.M., Weld County,Colorado From: USR 1576 Scoft Deemer 1503 SH 52 Erie,CO 80516 303-828-0408 This Access Agreement is in regards to the combined access located at 1503 State Highway 52 Erie,CO 80516(legal description of Part SW4 SEA of Section 32,17.14,R68W of the 6'h P.M.Weld County Colorado). The future maintenance of the combined access will be maintained by Scott Deemer. The access agreement will be transferable by Scott Deemer in the event of a flume sale of the property,so long as the proposed uses by the new owner(s) are in compliance with the current proposed uses by Scott Deemer. Si tD• co 6 Vo [o Deemer Date J .File Date ACKNOWLEDGEMENT STATE OF C0LORAD0 • ) )ss COUNTY OF 1911-Jdht_ ) 1 The above and roman signal= were subscribed to sworn to before we this '3",M day of O e4a Ar r 2006. Minns my hand and official sear MyCanns:sonExprea +~� •• •Y--•.~ My commissico expires on:_ March n.each _ _ -L•- &M a .j : Nomy PubAc ts. • - _ Z 'd SLLB-CT9-0L6 31i `u2tsa❑ salpoH ppol 691 :80 90 92 zoo Site Specific Development Plan and Use by Special Review Permit#1576 Page 1 of 1 Esther Gesick From: Hayhurst, Dale [Dale.Hayhurst@encana.com] Sent: Thursday, November 30, 2006 2:42 PM To: Esther Gesick Cc: Hall, Lois; Hall, Lesley; Lund, Dena Subject: Site Specific Development Plan and Use by Special Review Permit#1576 Attachments: 11-27-06 Weld County Notice of USR hearing.pdf; 9-30-82 -Clyde G. Canino&Company- 5 Portion of NE 32 S2SE.pdf Gentlemen; In Reference your Notice Dated 11-22-06 for Docket#2006-81(a copy of which is attached hereto for reference), this email is to notify you that EnCana Oil &Gas (USA) Inc. presently owns and operates a pipeline and the Right- of-Way under which the existing pipeline was constructed and is currently operated, which crosses a portion of the SWSE of Section 32, T2N-R68W, Weld County, Colorado. I am enclosing a copy of the Right-of-way which was granted originally on the 30th of September, 1982 to Panhandle Eastern Pipe Line Company, to whom we are a successor in interest. Exhibit"A" being attached to the Right-of-way is a map showing the general location of the pipeline as it crosses a portion of the S2 of the SE4. A specific location of the pipeline can be obtained by calling for locates with Utility Notification Center of Colorado (UNCC)at 1-800-922-1987. EnCana would like to ensure the continued and safe operation of the natural gas pipeline as it crosses the lands. As of the present time EnCana's Mid-Stream Services has not been contacted by the developer nor have we been furnished with drawings which would indicate no proposed interference with the present safe operation of our pipeline. We anticipate that the Board of County Commissioners for Weld County will protect our rights as granted by the enclosed pipeline Right-of-way. Thank you for your time and considerations. «11-27-06 Weld County Notice of USR hearing.pdf» «9-30-82 -Clyde G. Canino& Company- 5 Portion of NE 32 S2SE.pdf» Dale Hayhurst Land Negotiator EnCana Oil & Gas (USA) Inc. 1313 Denver Avenue, Building#1 Fort Lupton, Colorado 80621 (720)685-8513 J totSe 4.114 12/1/2006 Received by DI NOV 2 7 2006 D NOV 2 9 2006 NOTICE EnCana Oil&Gas(USA) Inc. U fI Land _ Lanc Administration Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center,915 10th Street,First Floor,Greeley,Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in orderfor you to participate in this hearing,please contact the Clerk to the Board's Office at(970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley,Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick©co.weld.co.us. DOCKET#: 2006-81 DATE: December 13, 2006 TIME: 10:00 a.m. APPLICANT: Scott Deemer do Todd Hodges Design, LLC ^ 1269 North Cleveland Avenue Loveland, Colorado 80537 REQUEST: A Site Specific Development Plan and Use by Special Review Permit#1576 for Uses Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (office and storage of landscape materials) in the A(Agricultural)Zone District LEGAL DESCRIPTION:Part of the SW 114 SE1/4 of Section 32,Township 2 North,Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to State Highway 52; approximately 1/2 mile west of Weld County Road 5 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 22, 2006 PUBLISHED: November 29, 2006, in the Fort Lupton Press C' REC v' O.`i1 ✓, 10/I 2/22 to:4r1 "t..00 1 /(r)i).s p. , F 17x6 tioRy- NI�7E Eli 1 iIEI:N I'I I:Y' 94 6 I tECO vhR Id f Ll) 11 , coEll COI AlIIAI Right Grant AR190619b Rig '•••••••' k\Oµ \IA. 'lI•2 Ill TIll-NV I'IlESF:\'IS. that _Clyde G. Canino 8 Company, a General Partnership I',. 1 f)rf .f Lafayette Colorado of the _ n the State nfTen-pollar_s ( 19-.-0g)_and- other l dnd m efgredEn as In :tor l II t r), inconsideration offXXNXNXXXIXX00-4 tot em -_ ## d n Lund paid. n r.iipu of which is laird)) acknowledged,X1XXXXXXXXXXXXXXXXX&XXXX (X lilill9XXXXXxXrX XXXI76xl(,WXxxJ(WXXI03FXN ANX$XXXxJ7i D5UNxxXfWAXXXXXXXX._do loll_-_ Lrri L. giant aunt eonve) moo l'\VI1\\DI.F: F':- S'I'EMN PIPE: LINE COMPANY. a Delaware Corporation, having an office in Kansas Cite. Missouri. its sou.,sso s .,td assigns, hereinafter referred ton. "Grantee,- Hight-of-War a night-of- :rc to XXX eomstruet. mainl:ai II.XXXrX X inSperl. repair. replace.XXXXx'XIXXXIxtYIXXXXNXXXX,XXIXoperate, and remove a pipe line XAXXMAXXXAXXXXAXXXXXMXXXXI(I *XXaXXXXXMAX drips, pipe line markers,Xxl4lFXXXXXXXXd6XXJ.Xi{XXXXculhodie equipment. bat leads. .nul all uppnrtanonee, convenient for the maintenance and operation of soul IineX and for iLe transportation .t nii. in other substances therein. nn der.X$XXXX(XXxthrougI die premises hereafter described. and the Iiiiitutec is granted the right el ass d egIVMS. to, tm, from and over tie following 1 .. Ono'I pi-4'1111S,s fni the pmpo s .lbt, a,c ao d in the Count) f - old the State of Colorado.� 1 ''it The South Half of the Southeast Quarter of Section 32, Township 2 North, Range 68 West of the 6th P.M.; AND All that portion of the Northeast Quarter of Section 5, Township 1 North, Range 68 West of the 6th P.M., lying North of the public highway constructed near the "Lower Boulder Ditch" and crossing said premises; EXCEPT that parcel of land as conveyed by deed recorded July 12, 1911 in Book 323, Page 302; AND EXCEPT that parcel of land con- veyed by Warranty Deed recorded July 21, 1967 in Book 584 at Rec. No. 1505942; AND EXCEPT that parcel of land conveyed by special Warranty Deed to the Department of Highways re- corded April 4, 1963 in Book 1643, Page 58; AND EXCEPT that parcel of land conveyed by Warranty Deed to Leon Bird and Minnie Bird recorded December 20, 1971 in Book 659 at Rec. No. 1580559, all in Weld County Records. 'ID IIAVIC AND I'I) HOLD said casements. rights. and right-of-war unto the said l'\\II.NiDI.f( E.\SII-iI\ I.I\F; 1'.(/MI'\\1 . its sn,,.ssurs amid :assigns. The following rights of crossing of Grantee's right-of-way shall not be deemed an inter- ference with Grantee's rights, so long as (1) Grantor gives Grantee notice of the pro- posed crossing, (2) any crossing has adequate clearance of Grantee's pipeline, and (3) the crossing is at approximate right angles to Grantee's pipeline: The construction, in- stallation and maintenance of utilities, sidewalks, roadways, and other means of ingress and egress, provided however, any utility or other crossing beneath the surface shall be beneath Grantee's pipeline unless Grantee otherwise approves, which approval shall not be unreasonably withheld. Other crossings or construction are subject to Grantee's approval , which shall not be unreasonably withheld, but such crossing or construction will be at Grantor's risk. „ _ _.. loll.. •. ... loll ..yp.,,n,e.,. ioe ,aoa:n .o,-loo ou soon uirre persens. . .. _ loll .... ....... _. ... dull be I'Inul mid conclusive. Said pipe line right-of-way shall be 50 feet in width, the centerline of which is shown on plat marked EXHIBIT "A" attached hereto and made a part hereof. I'uement of ail momoa ber.omi,rg due hereunder map he paid to Clyde G. Canino 0. 9968 Lookout, Lafayette, Colorado 80026 This Grunt ',hall be binding upon ILe heirs, rxcc m ors, administrators, successors, and ..signs of the parties hereto, mid all rights herein granted. ,r ate of them separately. tyro In released or:cosigned in whole or in part. It is understood that this Grant ,.annul be changed in anyway except in writing. signed by the Grantor tail a duly authorized agent of the Granter. W. L. Robertson l Li= instrument prepared by -._ ... .. . _— _ ___ _.- ._ _. _.I'. 0. Ilex LSdN. Kansas City, Absso.,rl 94141. PANHANDLE EASTERN PIPE LINE COMPANY, also having a legal address of P. O. Box 127, Brighton, Colorado 80601. IN WITNESS 0.IIERICOV. the GraItrr5 Lave hereunto set their hands and seals this 30th lac of _ September __... .-_ _._._. 1 U 19 92 Clyde G. Canino 8 Company, -- a-tenerTParTership- ------ ------ BY: see<441 Clyde G. Canino, a General Partner tro ' I [ C: F' 06196 10. I 2/132 1 4 2,00 I,00.1_.._. __.. . . t ,%l6 PIN-Y -N Et ill fl :rw CLERK & rECORPLR WI I D CU, CO COLORADO Right-of-Way Grant A R 19061.9 kt ess k.\(lll V.I. \p,'\ Isl llll:ph: palsy\Ts. dal Clyde G. Canino & Company, a General Partnership Lafayette Colorado of the Post Office of _ _ _ in the State of T.en Dot-Iars--($4Q-.0G4 and-other I r tie ( J1 l nl.r (.,briber, 0,. mo m). in consideration ofXXXXNXNXXN91XN6, to. 9oorodd',. d*a tthabla • in halal ,paid. cc1,t f which is hereby acknowledged,*XX XXXXXNXXXXXXXXXXXXXXXX WiliYaRi *XXXrXXXXX93XXiXXXXX,XXXXWXXNXXICWIAX)WaMOIMAXXNXXXIX&XI6XXXXXXJtX ...do_ _ herein grant and waver ant„ I'ANII l\DI.K I:\STE:III\ PIPE I.INF CO\IP:\NI. a Delaware Corporation, In:vine nn :,(fit r iu kannon City, Alissouri., its successors 'aid assigns. hereinafter referred to as "Grantee.- a 0 ight-of-1\a1' I,r XXX, eons'ruc I, »I aiot a I n.XXXXiX ins pact. repair. replay".XWXXX'XXXXrXXIXXXXNd(XX'XX °perm', and remove a pier line XXXXXXXXXXXXXXXXXXXN(XIXXXXX1Y4XXIXXXXUXXXX drips, pipe line markers,XXNX'XXXXXXXXXXXrhXXX&XX cad'odit. egnipnu•:u. le..t leads, .and all uppurtrar.mrea ,anvenienl (or the maintenance and operation of said lion*rind for the transportation of ,1 i. gas. or other salmi:mrrs therein. Under.XXXXXXXXnXK through the premises hemoher described. and the Granter is gnmi-d the right of ingress rind egress. to, on. from and omen the. following deser Led ,remises for the aircises ah rcm<nli,nt it in the County o(._ _ Weld -_- in the Suite of f.oloiad::, to-n.it The South Ralf of the Southeast Quarter of Section 32. Township 2 North. Ranee 68 West of tt 097 ' EEC 01906196 10/12/R2 14:46 $12,00 i(a04 ill? MARY ANN EFUERSTEIN CLERK et RECORDER WELD f(I, CU X,1PXXrXlknotXXIWIXXXXXXXXXXXXXXN)FXN,Xd(XXXXod6XXl(XXXYXXXXXXXXXXIJHWOXX-XrXXXXX:XXNXKd(pXOtXXXYrXX XXXXXNXXXXXNXJC Cr. , . 'r • to have �Ithe right to select rXOZ XXX the routeX of XX pipe lineX herein authorized to he laid inter, upon. n n' ("ER."'i1 SIOU['I ,XXXXXXtXXXPXXXXXXXXXittliovii deseribed premises. All XXYrXXXJH(XWXXXXXPISV IX.XXXXXXYXXXrXNXx e installed hereunder shall by buried a min i- mue. of lOXXXXX90 in lie.- XXXXXXXXXXXXXXXXXXXXXXX,ire'rivrt. with Grantee's surveillance of or access thereto In use of equipment or memo: rustom:oilc cote Ito al in the surveillant, of or . intenance of pipe IineX nor intentionally cause the original rums w,r atm pipe Ilan to he 'unloved hrlow whichever is the grew to of a minimum cover of Iwo 121 feel or below the mini- mum cover required it .ti) tins by aim applicable pipe line safety rode. All damage to growing ng crops. dnrina_' the and fences of (twines e,:.miau n od by thy construction or repair of,arc of the facilities herein em thorized Io m be uin- t:tined and ape rated ht fe iti lee shell lie paid IA Grantee after the damage is dano,snid damage. if not mutually agreed upon. .o Le art•eri, inrd surd determined In dire,' disinterested persons,one to by appointed by the Gamine. one to Lc appointed In the Uranus,. and the third to he chosen in the to,,an appointed. The written swat of such three persons .Lull hr final and conclusive. Said pipe line right-of-way shall be 5O feet in width, the centerline of which is shown on plat marked EXHIBIT "A" attached hereto and made a part hereof. I',..mete of all u:o:"rys becoming dire herr under may he paid to _Clyde G. Canino 9968 Lookout, Lafayette, Colorado 80026 l Iris Grunt shall be binding upon the heirs. executors, administrators. successors. and assigns of do• parties hereto, and all rights ketein granted. or am of them separately. not be released or assigned in whole .a in pain. Ii is understood that this Grant 'ennui he r hanged in any nay ecccpi in uniting. signed IA the Grantor and it duly authorized :'gent of the Grantee. e. lilts instrument prepared by______ W. L. Robertson 0. Qua IJ-0a, Kansas City. Missouri 611-f1. PANHANDLE EASTERN PIPE LINE COMPANY, also having a legal address of P. 0. Box 127, Brighton, Colorado 80601. IN WITNESS NESS WIlEIth OI . the lirantors have hereunto set their hands and seals this . 30th dory • I September _. _. ., A.1). 19 .32 _. Clyde G. Canino & Company,___ - - - -- - - _---- a-General�artner5Ft p--- ---_ . By 1_r-�:2 ' -( "1'74. .« Clyde G. Canino, a General Partner B 0979 REC 0. 06196 10/12/82 44:46 2.00 3/004 F 1778 MARY ANN FE(JERaTEIN CLERK & RECORDER WELD CO, CO ACKNOWLEDGMENT FOR HUSBAND AND FIEE STATE:O$COI ARADO 1 as. ! ri..) COUNTY OF ) i The foregoing instrument was acknowledged before me this ,day of 19_, I by mad husband and wife. Y0TARY rusut My Commission expires: .••'�1UJo'O v. p�. 1"1 an v :�°v� ACKNOWLEDGMENT FOR INDIVIDUAL • STATE Oh'COI.Ol%ADO ) �sy?i,*- '' • •%:e,.•....- ) as. •'.,`ry. �. .�. COUNTY OF�.ri �nEi 1 • '"•'.•......•. The fa�goia�instru nt wa acknowledged before me this / ,day of (V C"�' 4`� . • �'i •• •�';• (by t'C ..E., . j '4i,A,6... ✓ . 7 TAY weUt A{ Commission itXnant M..y 7.7ee25 �'L'�' A1y Commission expires: y r1� �A"t0 L1 •f..''t. ee , ' �t f / er ACKNOWLEDGMENT FOR CORPORA11ON STATE OF COIAIiAUO ) ) so. COUNTY OF ) The foregoing instrument was acknowledged before me this ,day of 19---, by . . of ,a corporation.on behalf of the corporation. wsuc 4i My Commission expires: O f I" ~ a. 4 14 O a M I % a 9 la r .8 y 7,O ^ M d I m o 1Y liDw $ W !C ' I _; V 1 ••-� H ^J u o ad r) d "4w Lax u w 1 r rti • Q s O 2 Z r ro 8 I.) 4Z °` < 3 ° i ' i �' Qm y U INN<! --4-- . \\ cJ T § • \�L 31. l l\ til e I—f- 6• \ v ll if J \? i.a 1 , ,` k 1 \\�\ + 1,s ai-,4t tis {I 00„,"I`C II g r..� \VJ I l w: / II � y i I : i; 1 II ✓1 -..IT' 14"L------... .\*.— HT 4, . ] I IN1>:\ < by o- eet O3 02 z1. -I 0-S87 I tit i ` -t o-scv - W 1 i, la I! I Message Page 1 of 1 Esther Gesick From: Hayhurst, Dale [Dale.Hayhurst@encana.com] Sent: Tuesday, December 12, 2006 9:20 AM To: Gina Warner; Esther Gesick Subject: RE: EnCana Pipeline -Weld County Notice of USR Hearing Attn: J Hatch This morning, (11-12-06), I spoke with Barbara with Outdoor Craftsmen, Ltd, and as per the attached email, I find no conflict with the landscape design and our existing pipeline as it crosses the lands described as the S2SE of Section 32 T2N-R68W. Thank you for the response to my e-mail inquiry. Dale Hayhurst Land Negotiator EnCana Oil & Gas (USA) Inc. 1313 Denver Avenue, Building #1 Fort Lupton, Colorado 80621 (720)685-8513 Original Message From: Gina Warner [mailto:gina@outdoorcraftsmen.com] Sent: Monday, December 11, 2006 2:56 PM To: Hayhurst, Dale Subject: EnCana Pipeline - Weld County Notice of USR Hearing Dale, I have attached a copy of Outdoor Craftsmen's landscape plans for future development of 1503 Hwy 52 Erie, CO 80516. I do not believe there is any proposed interference with the present safe operation of your pipeline. We have had locates done on the property and the gas lines marked fall outside of our landscaped areas. This is in regards to the notice dated 11-22-06 for Docket#2006-81 If you have any questions or need more information please feel free to contact Barb or myself at 303.828.0408 Thank you Gina Gina Warner Associate Designer Outdoor Craftsmen, Ltd. www.outdoorcraftsmen.com gin a @o utdoo rcraftsme n corm (303)710-6748(cell) (303)828-0408(office) (303)828-0935(fax) At Outdoor Craftsmen, we are committed to creating unique outdoor living spaces that stretch the imagination of possibilities for our client's dream gardens. Confidentiality Note: This message contains information that may be confidential and/or privileged. If you are not the intended recipient,you should not use,copy,disclose,distribute or take any action based on this message. If you have received this message in error,please advise the sender immediately by reply email and delete this message. Although Outdoor Craftsmen, Ltd. scans e-mail and attachments for viruses,it does not guarantee that either are virus-free and accepts no liability for any damage sustained as a result of viruses. Thank you. EXHIBIT a 12/13/2006 - : 5 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS ,, (c 3 ZOO() 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, Jacqueline Hatch, HEREBY CERTIFY UNDER P ALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST EN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR (3-(C- i f7b IN THE AGRICULTURAL ZONE DISTRICT. .---- GI A-c cz o cL c [�x1-rz 44 Name of Person Posting Si n —Jacqueline Hatch — .- Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this I day of . = //Y{ ' , 2006. WITNESS my hand and official seal. 'PcSaP.4 (4.6k 44:.:A1, Notary Public I; }.s ca : rs : p t Y1' , Q My Commission Expires: �� 4 rry !l '�t EXHIBIT I Ft utrz l57L, • 4@@'''' r 3 YY x ` • -4,..;:l• '11 i • • • o I: A r7 1 - s t s; • �. a4e4 {' "r '✓ �".?C. 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