HomeMy WebLinkAbout20023267.tiff 4W: SITE PLAN REVIEW j'- 1 n i I O n,
(\\ Administrative Review
COLORADO
Case Number SPR-355 Parcel Number: 1313 10 101004
Applicant: Paul Gonzales Jr. & JoEllen Gonzales (Lucky Stars Car Wash, LLC)
Legal Description: Lot 4, Block 1,Western Dairymen's Cooperative, Inc. Subdivision being part
of the W2 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County,
Colorado
Zoning: Highway Commercial (C-3)
Proposed Use: Car Wash Business with Automatic & Self Service Bays
Site Plan Review Standards
Meets the Intent
of the Weld
Comments County Zoning
Ordinance &
MUD Plan
Site Plan Certification Included in Application YES
Retention Facilities Approved per Memorandum from D. Carroll, Weld County YES
Engineering Dept.Approval Department of Public Works dated September 18, 2002
Date
Offstreet Parking YES
Loading Areas YES
Access Approved per Memorandum from D. Carroll,Weld County NO
Department of Public Works dated September 18, 2002
Setback Requirements 25 feet YES
Offset Requirements 10 feet-Dumpster Enclosure&Vacuum need to be set NO
back a minimum of 10-feet from the west property line.
Landscaping YES
Trash Collection and YES
Storage
Potable Water Left Hand Water District YES
Sewage Disposal St.Vrain Sanitation District YES
Environment Standards
2002-3267
PL /& i3
r
Noise YES
Air Quality YES
Water Quality YES
Radiation YES
Heat YES
Light YES
Property Maintenance YES
This site plan review is approved with the attached conditions:
1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the
Department of Planning Services' satisfaction:
a. The plat shall be amended to delineate the following:
1) Appropriate landscaping and buffering along State Highway 119, in
accordance with Section 26-2-70 of the Weld County Code. Further,
landscaping techniques including berms shall be used to alleviate the harsh
visual appearance of the north facade of the building. Seventy-five (75)
percent of the length of the north facade shall be effectively screened.
(Department of Planning Services)
2) Landscape areas shall be configured to maximize their inter-connectivity
within the site, to natural areas and to landscape areas within existing or
future adjacent development. Small isolated islands of landscaping except
as required in parking lots and for screening along roadways shall be
avoided. Open space shall be provided where significant natural features
exist. (Department of Planning Services)
3) Berming and shrub or tree planting shall be used to screen parking lots from
view of the roadway. Berms can vary in height depending on location and
proximity of existing trees. Berms shall have smooth transitions from the top
of the curb to the setback line so as to not create snow traps, with
allowances made for placement of the sidewalk. Grading of berms shall not
be lumpy or abrupt. See Appendix 26-H of the Weld County Code.
(Department of Planning Services)
4) Landscaping techniques shall be used to alleviate the harsh visual
appearance that accompanies parking lots. See Appendix 26-I of the Weld
County Code. At least seventy-five percent (75%) of the length of the
frontage of the parking lot must be effectively screened. (Department of
Planning Services)
SPR-355 Lucky Stars Car Wash 2
5) Section 26-2-70.D.2, states "that portion of a lot in any zone district which
abuts a public or private road right-of-way shall be landscaped with a
minimum two-and-one-half-inch caliper shade tree or six-foot minimum
height coniferous tree at a distance of ten (10) feet, measured at a right
angle from the lot line towards the interior of the lot, for every forty (40)
linear feet of street frontage. Trees may be grouped with a maximum
distance of one hundred (100) feet between trees or groupings, with
exceptions made at entrance drives." (Department of Planning Services)
6) Section 26-2-70.D.2.d states"along SH 119,tree planting distances shall be
clustered or grouped from the roadway to avoid a straight line of trees. The
effectiveness of the screening shall be increased by planting trees and
shrubs in layered beds (two [2] or more rows of plant material rather than a
single row). A mix of coniferous and deciduous trees and shrubs shall be
planted in clusters or groupings." (Department of Planning Services)
7) Section 26-2-70.D.2.e states "applicants adjacent to 1-25 and/or SH 119
shall construct a berm along 1-25 and/or SH 119 with maximum 5:1 side
slopes to a height sufficient to screen ground plane development (parking
lots, storage areas or other similar site elements) as far as one hundred
eighty (180) feet from the right-of-way line (fifty [50] feet of landscape
setback plus one hundred thirty [130] feet of site development). The
maximum height berm required shall be six (6) feet above the existing
elevation in the location of the berm. If needed, additional height beyond
that which can be achieved with a six-foot-high berm shall be achieved
through dense landscape plantings. Plantings on top of berms shall be
designed so as to not create snow traps. A berm may not be required if the
subject property is elevated above the roadway and it can be demonstrated
that views into the site will not be possible for a distance of one hundred
eighty(180)feet. Required landscaping and screening within the landscape
setback and other portions of the property shall be governed by the
landscape standards [in Section 26-2-70] of the Weld County Code."
(Department of Planning Services)
8) Section 26-2-70.D.2.f states "there shall be a minimum twenty-foot-wide
landscape setback measured from the existing or planned future right-of-
way to any parking lot, fencing, storage area or structure. Required
landscaping and screening within the landscape setback and other portions
of the property shall be governed by the landscape standards contained
within Section 26-2-70 of the Weld County Code." (Department of Planning
Services)
9) Section 26-2-70.D.2.g states "appendices 26-M through 26-P of the Weld
County Code illustrate the proposed character, berming and landscape
setbacks for the 1-25 and SH 119 corridors." (Department of Planning
Services)
SPR-355 Lucky Stars Car Wash 3
10) Section 26-2-70.6 3.c.5 states "All landscapes shall strive to maximize the
use of native species. Where native material is not appropriate for the
intended use or appearance, plant species that are regionally adapted and
noninvasive shall be used." (Department of Planning Services)
11) Section 26-2-70.B 3.c.6 states "fescue, brome/fescue or other turf types
shall be used in lieu of bluegrass where heavy foot traffic is not anticipated.
Seeding versus sodding of all turf types is preferred when the growing
season allows for adequate germination and establishment of the turf to
sufficiently control erosion." (Department of Planning Services)
12) The low profile free standing monument sign shall be constructed in
accordance with the Design Standards of Section 26-2-90.d.3.f which states,
"monument signs shall have an enclosed, solid base or structural base with
the base at least three-fourths the width of the widest past of the sign face.
An enclosed or solid sign base shall not be required if the lower edge of the
sign face is not higher than one foot above finished grade. Monument signs
shall be on-premise signs, the sign area shall not exceed twenty-five (25)
square feet, and the sign shall not exceed five (5) feet in height above the
average adjacent grade, if located within fifteen feet from the street right-of-
way. For each additional two feet of setback from the street right-of way,
one additional foot may be added to the height of the sign to a maximum of
eight feet." (Department of Planning Services)
13) The number of parking spaces for this development have met
requirements, however, per Appendix 23-A of the Weld County Code,
parking spaces with a degree angle of 0 degrees shall be at a minimum nine
(9) feet wide with a twelve (12) foot wide one-way direction travel aisle.
(Department of Planning Services)
14) The sight distance triangles at all points of ingress and egress shall have
visual clearance of 3.5 feet above grade. (Department of Public Works,
Department of Planning Services)
15) The applicant shall adhere to the lighting standards, in accordance with
Section 23-3-250.6.6 of the Weld County Code. (Department of Planning
Services)
16) The proposed vacuum sites adjacent to the car wash bays may create
access conflicts into the car wash bays. It is recommended that the
vacuums be located along the eastern boundary of the site (adjacent to the
other proposed vacuum). (Department of Planning Services)
17) The dumpster enclosure shall be relocated outside of the 50-foot
landscaping buffer off of State Highway 119. (Department of Planning
Services)
SPR-355 Lucky Stars Car Wash 4
b. The applicant shall include in the Landscape Plan the following information:
1) An installation schedule which specifies when the landscaping will be
installed on site. (Department of Planning Services)
2) A Plant Material List specifying the Botanical and Common names of all
plant material to be installed;the size of the plant material at installation and
whether the plant material is to be containerized or B&B. Section 26-2-70
2.b of the Weld County Code requires that portion of any lot in any zone
district which abuts a public or private road right-of-way shall be landscaped
with a minimum two-and-one-half-inch caliper shade tree or six-foot
minimum height coniferous tree. (Department of Planning Services)
3) A landscape maintenance schedule which specifically states who will
perform maintenance and that maintenance is on-going and shall not end
upon final acceptance by the Department of Planning Services.(Department
of Planning Services)
c. The following notes shall be placed on the plat:
1) In accordance with the Weld County Code, no land, building or structure
shall be changed in use or type of occupancy, developed, erected,
constructed, reconstructed, moved or structurally altered or operated in the
commercial or industrial zone districts until a Site Plan Review has been
approved by the Department of Planning Services. (Department of Planning
Services)
2) The application does not propose any portion of the site to be leased to
another party. In the event that a portion of the building is proposed to be
leased to another party in the future, the applicant shall submit a copy of the
lease agreement and information regarding the proposed use of the leased
portion to the Weld County Attorney's office, Weld County Building
Inspection Department, Mountain View Fire Protection District and the
Department of Planning Services for review. Based upon the proposed use
and/or impacts of the leased portion, the Department of Planning Services
may require a new Site Plan Review application. (Department of Planning
Services)
3) The Milky Way Business Park has a master drainage plan. This site shall
retain and release at the historical rate according to the Milky Way Business
Park drainage plan. (Department of Public Works)
4) 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 & Environment)
SPR-355 Lucky Stars Car Wash 5
5) No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a
"solid waste" in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended. (Department of Public Health &
Environment)
6) 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 & Environment)
7) Fugitive dust shall be controlled on this site. (Department of Public Health
& Environment)
8) 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 & Environment)
9) The facility shall utilize the existing municipal sewage treatment system.
(Department of Public Health & Environment)
10) The facility shall utilize the existing public water supply. (Department of
Public Health & Environment)
11) All potentially hazardous chemicals must be stored and handled in a safe
manner in accordance with product labeling. (Department of Public Health
& Environment)
12) The applicant shall operate in accordance with the approved "waste
handling plan". (Department of Public Health & Environment)
13) All wastewater from the Car Wash shall be directed into the municipal
sewage treatment system. (Department of Public Health & Environment)
14) If applicable, the applicant shall obtain a stormwater discharge permit from
the Colorado Department of Public Health & Environment, Water Quality
Control Division. (Department of Public Health & Environment)
15) Landscaping materials as indicated in the approved landscape plan shall be
maintained at all times. Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time.
(Department of Planning Services)
16) All structures, including signs, on site must obtain the appropriate building
permits. (Department of Planning Services)
17) Building Permits issued on the proposed lots will be required to adhere to
any applicable road impact fees. (Department of Planning Services,
Department of Building Inspection)
SPR-355 Lucky Stars Car Wash 6
. 0-, --.
18) Exterior illumination of structures,yards and driveways shall be restricted as
follows:
1) Sources of light shall be shielded so that beams of light will not shine
directly onto adjacent properties.
2) Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets.
(Department of Planning Services)
19) The site shall maintain compliance with the Weld County Mixed Use
Development (MUD) standards at all times. (Department of Planning
Services)
20) The site shall maintain compliance with the Weld County Planned Unit
Development (PUD) standards at all times. (Department of Planning
Services)
2. Prior to Recording the Plat:
a. The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public
Health and Environment)
V b. The applicant shall submit a revised Landscape Plan to the Department of Planning
Services for review and approval. Upon approval the Landscape Plan shall be
placed on the plat. (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 parking and
landscaping requirements. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to
recording the plat. (Department of Planning Services)
,�i. Evidence of Western Dairymen Cooperative, Inc. Architectural Control Committee
approval of the grading and drainage plans and proposed buildings for this site shall
be submitted to the Department of Planning Services. (Department of Planning
Services)
XThe applicant shall submit evidence to the Department of Planning Services that all
Left Hand Water District conditions and requirements as indicated in the district's
SPR-355 Lucky Stars Car Wash 7
letter dated July 24, 2002 have been met and service to the lot has been obtained.
(Department of Planning Services)
�. The applicant shall submit evidence to the Department of Planning Services that all
St. Vrain Sanitation District requirements as indicated in the district's letter dated
July 24, 2002 have been met and service to the lot has been obtained.
(Department of Planning Services)
g. Any proposed sign shall adhere to Section 26-2-90.d.3.f of the Weld County Code.
All proposed signs shall apply for and receive a building permit. (Department of
Planning Services)
3. Prior to the release of building permits:
a. Upon approval by the Department of Planning Services, the Site Plan
Review plat shall be recorded. (Department of Planning Services)
b. In conjunction with the requirements for the Final Plan of Western
Dairymen's Cooperative Subdivision,all street signs and lot identification
shall be in place. (Department of Planning Services)
b. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in their referral received
September 12, 2002. (Department of Building Inspection)
c. The applicant shall address the requirements of the Mountain View Fire
Protection District as stated in their referral received September 9,2002.
(Mountain View Fire Protection District)
d. The applicant shall meet the obligation of any applicable road impact
fees on building permits issued on the proposed lot. (Department of
Planning Services)
e. The applicant shall submit evidence to the Department of Planning
Services that all conditions and requirements as indicated in the
Department of Building Inspection letter dated September 12,2002 have
been met. (Department of Planning Services)
4. Prior to the release of the Certificate of Occupancy:
a. A final inspection of the occupancy will be required by a member of the
Mountain View Fire Protection District. (Mountain View Fire Protection
District)
Site Plan Review conditionally approved by: (iVu 1/4, _.4t t„.
October 1, 2002
Chris Gathman- Planner
SPR-355 Lucky Stars Car Wash 8
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DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT 3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
August 16, 2002
Lucky Stars Car Wash LLC
PO Box 6428
Longmont, CO 80501
Subject: SPR-355 -Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone on a parcel of land described as Lot 4, Block 1 -Western
Dairyman's Coop, Inc. Subdivision; part of the W2 NE4 of Section 10, T2N, R68W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application.
You will be notified by this office at the end of the review period regarding the site plan.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Firestone, Frederick,Longmont,and Mead Planning Commission for their review
and comments. It is recommended that you and/or a representative be in attendance at the Firestone,
Frederick, Longmont, and Mead Planning Commission meeting to answer any questions the Commission
members may have with respect to your application. Please call Firestone at(303)833-3291, Frederick at
(303)833-2388, Longmont at(303)651-8330 and Mead at(970)535-4477,for further details regarding the
date, time, and place of the meeting.
If you have any questions concerning this matter, please feel free to call or visit our office.
Sincerely,
dui.°
Chris Gathman
Planner
r`
SITE PLAN REVIEW APPLICATION '
Application Fee Receipt Number Case Number /te
Recording Fee Receipt Number
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Please print or type,except for necessary signature).
LEGAL DESCRIPTION OF PROPERTY: Lot 4. Block 1. Western Dairymen's Cooperative.Inc.. a
Subdivision of Weld County. Colorado (Attach separate sheet if necessary)
PARCEL NUMBER: 1 3 1 31 Q 1 0 1 Q Q 4 (12 digit number found on Tax I.D. Number
or obtained in the Assessor's Office.
PROPERTY ADDRESS(if available) 3641 Stagecoach Road. Longmont. Colorado 80504
PRESENT ZONE C-3 OVERLAY ZONES
TOTAL ACREAGE 1.31 acres
PROPOSED USE: Car Wash Business with Automatic and Self-Serve Bays
PROPERTY OWNER:
Name: Paul Gonzales Jr. andJoEllen Gonzales and/or assigns
Address: 1716 South Horseshoe Circle City Longmont Zip 8O5O4
Home Telephone 3O3-651-6773
Business Telephone 303-818-0332 (Paul's Cellular) or 3O3-818-O333 QoEllen's Cellular)
APPLICANT OR AUTHORIZED AGENT(if different than above):
Name: Lucky Stars Car Wash. LLC
Address: P.O. Box 6428 City Longmont Zip 80501
Home Telephone 303-651-6773
Business Telephone 3O3-818-O332 (Paul's Cellular)or 3O3-818-O333 (loEllen's Cellular)
I hereby depose and state under the penalties of perjury that all statements,proposals and/or plans submitted
with or contained within the application are true and correct to the best of my knowledge.
(17,erin/
Signature:Owner or A r¢ed Ag t Sig Owner or A or¢ed l
9
LAWRENCE DEPENBUSCH
4260 EAST FREMONT AVENUE
CENTENNIAL, COLORADO 80122
303-220-8522, 720-488-9700 FAX
October 15, 2002
Chris Gathman
SOUTHWEST WELD COUNTY
DEPT OF PLANNING SERVICES
4209 County Road 24.5
Longmont, Colorado 80504
Re: LUCKY STARS CAR WASH
MILKY WAY BUSINESS PARK
CASE SPR-355
Dear Sir or Madam,
In response to the Plan Review Comments received, we offer the following response and
our revised drawings for your consideration.
ARCHITECTURAL
1.a The Plat {Site Development Plan Drawings} have been amended to
delineate all of the comments or revised as noted below:
5. Two-and one-half-inch shade trees or six-foot coniferous trees have been
added to meet the criteria along the road right-of-ways and have been
grouped as suggested.
6. The maximum height of the berm at 5:1 slope for the width of berm
is 4 feet. Plantings have been included on top of a portion of the
berm.
10. All species used are either native or commonly used in Colorado.
12. The sign has been modified as per requirements.
13. One Future bay has been shown removed to accommodate traffic.
15 A note has been added to plans concerning light to be shielded.
16. Vacuums not moved.
17 The Dumpster has been moved outside of buffer area.
b. 1 Landscaping is anticipated to be installed during construction.
c. The notes {20} were placed on the Plat{Site Development Plan
Drawings}.
2. a.b.c.d.e.f.g. All of these shall be completed before recording the Plat.
3. a.b.c.d.e. All shall be done prior to release of Building Permit.
4. To be done prior to release of CO.
Additionally the turning radiuses on Stagecoach have been modified.
Thank you for your time and consideration. If you have further questions or need
other information, please do not hesitate to contact our office.
Sincerely,
Lawrence J. Depenbusch,NCARB
Paul and JoEllen Gonzales
1716 South Horseshoe Circle
Longmont, CO 80504
303-651-6773 — Fax: 303-772-6181
July 24, 2002
Weld County Department of Planning Services
and/or Weld County Building Inspection Dept.
1555 North 17th Avenue
Greeley, CO 80631
To Whom It May Concern:
Enclosed, please find our Site Plan Review Application packet. This letter is to provide the
necessary statement for several of the required items.
Item #1 - "Site Plan Review Application Form" is attached along with nine (9) copies.
Item #2 - "Site Plan Review Certification Form - signed and notarized" is also attached.
Item #3 - "A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration." We are in the process of purchasing this piece of property and
at this time only have the Contract to Buy and Sell Real Estate signed by us and the
Counterproposal dated July 15, 2002, signed by the seller and us (there are two copies of this
document attached because the one with the actual signatures is not legible; however the
unsigned copy is). Marvin Dyer called and spoke to Chris concerning the requirement for the
signed original and was told that you would accept our application with the copy temporarily
and he would get you the original as soon as possible. For further information, you can reach
Mr. Dyer at 303-772-3200. We are including three (3) copies of these documents)
Items #4 and #5 do not apply to our application.
Item #6 - "A detailed description of the proposed use" - our intent for this property is a car
wash business with automatic and self-serve bays.
Items #7 and #8 regarding water and sewage disposal availability are evidenced by the attached
letters from Left Hand Water District and St. Vrain Sanitation District indicating that they
service this area and that service is available for this specific property. We have included three
(3) copies of each letter.
Item #9 - "Weld County Road Access Information Sheet" is attached.
•
Letter to Weld County re: Site Plan Review Application Page 2 of 2
From Paul and JoEllen Gonzales (Lucky Stars Car Wash)
Item #10 - 'The number of employees associated with this use" - we intend to operate this
business ourselves.
Items #11 thru #24 are all covered on the attached blueprint pages.
We believe that we have met all of the requirements for this process. If there is anything that
we can do to assist with the processing of this application and review, please let us know. You
can reach us at 303-651-6773 (home) or Paul's Cellular is 303-818-0332 and JoEllen's Cellular
is 303-818-0333.
Thank you in advance for assistance with this application process.
Sincerely,
n
?Q
Paul and JoEllen Gonzales
Enclosures
SITE PLAN CERTIFICATION
I hereby certify that the uses, buildings,and structures located on:
Lot 4, Block 1, Western Dairymen's Cooperative. Inc., a Subdivision of Weld County, Colorado
(legal description)
are designed and will be constructed and operated in accordance with the applicable performance
standards and district requirements for the C-3
zone district as stated in the Weld County Zoning Ordinance and in accordance with any conditions
imposed by the Board of County Commissioners at the time the property was zoned or rezoned.
I understand my failure to comply with the performance standards and/or any conditions could result
in the County initiating a compliance action against me.Sell at ttur Signature of Pro Owner Sig �� a of Property Owner
The foregoing instrument was subscribed and sworn to before me this 24'" day of July , 20O2, by
Paul Gonzales Jr. and JoEllen Gonzales
WITNESS my hand and official seal.
My Commission expires: 10-08-05-
J -ca_e 0- i n
Notary Public
10
REFERRAL LIST
NAME: Lucky Stars Car Wash LLC CASE NUMBER: SPR-355
REFERRALS SENT:August 16,2002 REFERRALS TO BE RECEIVED BY: September 12, 2002
COUNTY TOWNS and CITIES
_Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office _Dacono
)( Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority _X Firestone
X Building Inspection Fort Lupton
X Code Enforcement _X Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley _X_Longmont
Division of Minerals/Geology _X_Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
_X Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-1J Greeley
Ditch Company _X_Longmont
West Adams
Ccy
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Weld County Referral
August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately 1/2 mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 10 101004
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.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
lid We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: Up -\rt jaA.>[lorckyr'asseG N.t4 Ccrc. ,'4tr, no vidintin n
Signature \,,,,1\,,,", g-�fiZ
Agency Z f Ltai r vita (c Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
;Id County 'inning Department
G?EEL.E'r OFFICE(it Le.....N.N AUG 262002
Weld County Referral
C. August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately 1/2 mile ;',40 of Interstate
_j,
25. For a more precise location, see legal. ( .S-t—
Parcel Number 1313 10 101004
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.
❑ 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.
U See attached letter.
Comments:
Signature /(h, (.tGG�, D. ��Ll�¢e,tj lrurx 4riltctia44ta7b71 ,4174 t Zov zooz
real
,(774_7,L ac "( Date
••Weld County Planning Dept. +.1555 N. 17th Ave.Greeley,CO.80631 •(970)353-6100 ext.3540 •)(970)304-6498 fax
-4-21 Kit Le.....`N
- F..? 0a
•
Weld County ReFerral'
August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately'/: mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 10 101004 J
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.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
)21CWe have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature G� G g .�j.��
Agency ' 7(� trnp Date
••+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
PLANNING DIVISIUI'4 do:,J- ion
!
r`d Count)/ P '! :rtmcnt
U r`1 AUG 2 @ 2002
re. cittisiz.
SP O32002
RECEIVED
rK
Weld County Referral
August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. II
Location South of and adjacent to Highway 119; approximately '/2 mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 1 0 101004
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.
❑ 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 Am / („, 6- _
Agency 9 Y �� rte, n-F' \-)
r;�.�,-, Date
'r--
.Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 <.(970)304-6498 fax
Id County PleneinR Dep2rtment
AUG 2 2 2002
Weld County Referral
August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately 1/2 mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 10 101004
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.
U 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.
U See attached letter.
Comments:
Signatures Z t /G Z
Agency 9., (Au:40i?I i - I Da e
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
i "$\
MEMORANDUM
TO: CHRIS GATHMAN, PLANNING SERVICES
I FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH i/
C. SUBJECT:
09/232002 CT. 355 LUCKY STARS CAR WASH LLC
DATE:
COLORADO CC:
Environmental Health Services has reviewed this proposal for a car wash business with
automatic self-service bays. We have no objections to the proposal, however, we do recommend
that the following conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be recorded:
1. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
We recommend that the following requirements be incorporated into the permit as "development
standards":
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a"solid waste" in the
Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,blowing debris, and other potential nuisance conditions.
4. Fugitive dust 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. The facility shall utilize the existing municipal sewage treatment system.
7. The facility shall utilize the existing public water supply.
8. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
9. The applicant shall operate in accordance with the approved"waste handling plan".
10. All wastewater from the Car Wash shall be directed into the municipal sewage treatment
system.
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.
2
VC CC.: .er�t
SEP 2 7 2002
MEMORANDUM 1w0
To: Chris Gathman
From: Ken Poncelow
Date: September 25, 2002
Subject: SPR-356
The sheriff's office has no concerns with this Site Plan Review. The sheriffs office would
however be willing to provide a program entitled Crime Prevention Through
Environmental Design to the developer. This program reduces the likelihood of criminal
activity at a specific location by"hardening" it to crime.
The Sheriffs Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
1its1
riot a
Weld County Referral
wipC. August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately 1/2 mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 10 101004
ll
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.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
D have reviewed the request and find no conflicts with our interests.
eSee attached letter.
Comments:
Signature &-le
S kn 4 t 2 Inc 2 _
a��
Agency •.1--33 di)
Agency fr A Date
+Weld County Planning Dept. 01555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 .(970)304-6498 fax
rs cekiits DEPARTMENT OF BUILDING INSPECTION
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
111k.
Fax (970) 304.6498
COLORADO
September 12, 2002
Lucky Stars Car Wash LLC
Site Plan Review for a Car Wash Business with Automatic Self-Service Bays located in the
Commercial Zone.
SPR-355
1. A building permit shall be obtained prior to any construction.
2. A plan review is required. Plans shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997 Uniform
Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 1999
National Electrical Code and Chapter 29 of the Weld County Code.
4. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
5. The car wash will probably be classified as a type B (Business) occupancy. The type of
construction will probably be type VN (Five Nonrated).
6. Buildings shall be accessible in accordance with the requirements of Chapter 11 of the UBC.
7. In areas where motor vehicles or boats are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials or may be surfaced or waterproofed with asphaltic
paving materials. Floors shall drain to an approved oil separator or trap discharging to sewers
in accordance with the Plumbing Code.
8. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance.
Service,Teamwork, Integrity,Quality
•
Page 2
9. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
Offset and setback requirements are measured to the farthest projection from the building.
10. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year flood plain.
Please contact me for any further information regarding this project.
Sincerely,
4
Jeff Reif
Building Official
Service,Teamwork, Integrity,Quality
Le.....
RECE(\15°
AUG 1 O 2002
w -D COUNTY
Weld County R'e' erraTT
wilC. August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman 1
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately Y mile east of Interstate
25. For a more precise location, see legal.
Parcel Number 1313 10 101004
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.
U 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 LAJ /w �.., Q _ t - -,
Agency fahos A--c- 1t., 0-v2AL4 Date
•weld County Planning Dept. 441555 N. 17th Ave. Greeley, CO.80631 x(970)353-6100 ext.3540 +(970)304-6498 fax
KiceL" , MEMORANDUM
' TO: Chris Gathman, Planner I DATE: Sept. 13, 2002
OFROM: Donald Carroll, Engineering Administrator
• SUBJECT: SPR-355, Lucky Stars Car Wash LLC
COLORADO
The Weld County Public Works had reviewed this proposal; this project falls under the purview
of the Site Plan Review Standards, Weld County Code, Chapter 23, Division 3, in Section 23.
Our comments and requirements are as follows:
COMENTS:
The Western Dairyman Corp./Milky Way Business Park is located in the 1-25 Mixed Use
Development Area.
REQUIREMENTS:
Access: Access to the Milky Way Business Park is from WCR 7.5 on to Stagecoach Road
north. The applicant has identified one access point, which is a minimum of 24 feet in width to
accommodate two-way traffic with adequate turning radiuses. The access grade shall match
the curb cut of the existing asphalt grade.
Site Improvements: The applicant shall pave or concrete the road surface within the
designated curb area identified on the plat.
Storm Water Drainage: The applicant indicated that the storm water run-off should flow to a
detention pond near the front of the southeast corner of the site to accommodate the 100-year
storm. The Milky Way Business Park has a master drainage plan in place. Each site plan
review is required to retain and release at the historical rate according to the master drainage
plan system.
pc: SPR-355 file spr-3.doc
Weld Cc , )! :- Department
(telt 6---‘%No, SFP 0 9 2002
' Weld County Referral
C. August 16, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lucky Stars Car Wash LLC Case Number SPR-355
Please Reply By September 12, 2002 Planner Chris Gathman
Project Site Plan Review for a Car Wash Business with Automatic Self-Service Bays
located in the Commercial Zone.
Legal Lot 4, Block 1 -Western Dairyman's Coop, Inc. Subdivision; part of the W2 NE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 119; approximately 1/2 mile east of Interstate
25, For a more precise location, see legal.
Parcel Number 1313 10 101004 P
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.
U 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 y' ' 7.71'77)
)
fiSee attached letter.
AUG 2 2002
Comments:
Signature << � I‘,2 2 63„
Agency c-C\ Date
+•Weld County Planning Dept. 41555 N. 17th Ave.Greeley, CO.80631 c.(970)353-6100 ext.3540 t(970)304-6498 fax
g,ouNTAiH MOUNTAIN VIEW FIRE PROTECTION DISTRICT
�+ a Administrative Office:
9119 County Line Road• Longmont, CO 80501
E "11, (303) 772-0710• FAX (303) 651-7702
August 28,2002
Mr. Chris Gathman
Weld County Planning Department
1555 North I7t°Avenue
Greeley, CO 80631
Dear Mr. Gathman:
I have reviewed the submitted material pertaining to the request for the construction of a Lucky Stars car
wash at 3641 Stagecoach Road in Weld County(Case Number: SPR-355. The Fire District does not object
to the request provided the requirements the Fire District are met.
Buildings shall be designed and constructed in accordance with the provisions of the Uniform Fire Code,as
ratified by the Weld County Commissioners, and all other codes and ordinances as enforced by Weld
County.
Approved address numbers shall be placed on the building,or on a free-standing sign, in such a position to
be plainly visible and legible from the stwa fronting the property. Address numbers or letters shall
contrast with their background.
Information and material safety data sheets for the car wash soaps shall be submitted to the Fire District for
review and approval. Information provided must include the maximum quantities of materials to be stored.
A final inspection of the occupancy will be required by a member of the Fire District before a Certificate of
Occupancy is issued from Weld County.
The Fire District reserves the right to make further comments as the project proceeds. Nothing in this
review is intended to authorize or approve of any aspect of this project that does not comply with all
applicable codes and standards. We appreciate being involved in the planning process. Should you have
any questions,please contact me at(303)772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: Paul Gonzales, 1716 South Horseshoe Circle,Longmont,CO 80504
project file
file
tp0R.26.02
Station I Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 6500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St.
80601 80504 Mead,CO 80542 Niwot.CO 80544 80026 Erie,CO 80516 Domino,CO 80514
MEMORANDUM
To: Chris Gathman
From: Ken Poncelow
Date: August 19, 2002
Subject: SPR-355
The sheriff's office has no concerns with this Site Plan Review. The sheriffs office would
however be willing to provide a program entitled Crime Prevention Through
Environmental Design to the developer. This program reduces the likelihood of criminal
activity at a specific location by"hardening" it to crime.
The Sheriffs Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
MoUNT4/k MOUNTAIN VIEW FIRE PROTECTION DISTRICT
a Administrative Office:
bI":1 s 9119 County Line Road • Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
VIEW
Weld County Plannin^, Department
GREELEY 0 FICE
OCT 2 2 2002
October 21, 2002
REC.
Ms. JoEllen Gonzales
Lucky Stars Car Wash, LLC
P.O. Box 6428
Longmont, CO 80501
Dear Ms. Gonzales:
I have reviewed the submitted material safety data sheets for the car wash soaps proposed for the
Lucky Stars, located at 3641 Stagecoach Road in Weld County. The Fire District does not object
to the use of these soaps and find the quantity of materials proposed within the exempt amounts
allowed by the Uniform Fire Code.
Thank you for providing the information to the District for review and should you have any
questions, please contact me at 303-772-0710.
Sincerely,
),..kcpc\
LuAnn Penfold
Fire Marshal
LMP/lp
cc: Chris Gathman, Weld County Planning Dept., 1555 N. 17th Avenue, Greeley, 80631
project file
file
Ip10.1t02
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 1
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 PO.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514
N
-41111
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: July 24. 2002
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name Lucky Stars Car Wash LLC Phone 303-651-6773
Address P.O. Box 6428 City Longmont State CO tip 80501
2. Address or location of access 3641 Stagecoach Road, Longmont; Colorado 80504
Section 10 Township 2N Range 68W
Subdivision Western Dairymen's Cooperative. Inc. Block 1 Lot 4
Weld County Road i/ Side of Road Distance from nearest intersection
3. Is there an existing access to the property? Yes_ No #of accesses
4. Proposed Use:
a Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision Dit Commercial ❑ Other
5. Site Sketch
UrgeedfsrAcces I CatnvsAn lkuy 1\9I L.
1 ►
AG= Agricultural
RES = Residential Cam'nial ■
O&G= Oil AGas gen1L
DR.. = Diin Road ,
Siocjeceach
_Road
r
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
CI Installation authorized ❑ Information Insufficient
Reviewed By Title:
11
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MS WORM HAS IMPORTANT IICALCO16tQnp(y Ate TIC PARTIES MOW)CONSULT L ALAtm TAl on Ufna couteu.stwomictarte
COUNTERPROPOSAL
Date: Jylp35 l$2
RE: Proposed contract to buy and sell the following descrbed real estate I.the County of Wed
Colorado,to wit: —'--
Lot 4 Block 1,Western Dahymank Cooperative,inc.,a Subdivision of Weld County,Colorado
known as Na _.. �9haecns tROad
Street Address
__i-rtngR1001 Cot dada _.
City State Zip
dated --Jsdy.V __,between Seller — Dakyfan,L CSAPAMedEgaPne.
and _. _ ____PlWCLOarltes.k enrUM.Egm_GgnzaM and!Or aashms —, Buyer.
The undersigned accepts the imposed contract,subject to the following amendments: -- --�-
1. Paragraph 4 Purchase Price and Tenss:Me Price is amended to be: 8210,000.00(S189 per square loots 57,084
sq.R).
2.7re Earnest Money promissory note shag be converted to cash within 24 hours or acceptance of this Con tact
1 Cash at Closing shag be amended to be: 8205,000.00.
4. Paragraph 1,Dates and Deadlines: The 711l&Deadline shag be amended to be: July 22 2001
t Buyer acknowledges(hat no water or sewer tap is Included M the pinches&of the lot
8. Additional Provisions,OM- insert•The ollonbgparagraph shag be 6mlodedhe the deed
7. Adtdlonal Proviso n,!9:shag be deleted halts entirety:
8. Additional Provisions,810:shall be deleted in is cottony-
9. Common interest Commune!yAdderdum ahagbe attached to,and become apart of,this Contact
All othertemuand coldi6osshall remain the same.This counterproposal shall expire unless accepted it w itilg,by Buyer and Seller,as evi-
denced bytheesigmluresbelow,and the offering party tothisdocument receives notice of such acceptance oeorbefore J(f If accepted,the proposed contract.as amended hereby,shall become a contract between Seller and Buyer. July 20,2002
Seller DEA,Inc.BY:Bernard Brownell Seller
Date of Seller's Signature July 15,2002 Date of Seller's Signature
Seller's Address 2252 Eat CiteahrldatmgatillY
Spdrgftde_kHsaMPL08$g2
Buyer Paul Gonzales,Jr. Buyer Jo Ellen Gonzales andt,assigns
Y
Date of Buyer's Signature Jaly _____ZQgz __ -__ Date of BuYeh Signature July 200202 Buyers Address
N.B.When this counterproposal form is used,the proposed contract S sal to be signed by the party initialing this counterproposal.This counter-
proposal must be securely attached to the proposed contract.
No.CPO-494. COUNTERPROPOSAL
--- - ------ ---- ,_
it we ranee tome nor r_aStein soartw
61•06.10.:Monty.July It,2902 IOMI:M
i The printed • of this font haw een approved
g� by the Colorado P ?state Commission.(CBS 3-9-99)
n HIS FORM HAS h...ORIANT LEGAL CONSEQUENCES
�AND THE PARIES SHOULD CONSULT LEGAL AND TAX
OR OTf ER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
(VACANT LAND-FARM-RANCH)
1. AGREEMp1T Date: bet t],_
and conditions set forth in this contract and the undersigned St agrees to sell the Property defined below on the terms
2.
( Burrfiy'eat. _. _ _— ___.PIR000lmik .a:aantic ( pNs47W.asara__
will take title to the feel property tleseried below as L1Johit Tenants ❑Tenants in Common jpiOther ____
b. proprompt The Property is the following legally described real estate:
Lot 4,a ----
Way99ww8�n. �3ii�acrog___ -tree_
m the Coady of__ an_4100itiO_._._ . Colorado, commonly known as No.
_aPANoa' 's9'Ihsliil�City ,_[7/Jn!FEN�IW_oe_Mdflf lYlate
Sheet Address t ap
ogether nth vtath the interests,easenerts, rids, benefits overerne and attached Fmtureesaappurtenant thereto all interest of
Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
C. Dates and Deadlines.
kern No. Reference Event Date or Deane
1 §5a Loan Application Deadline .holy 13,2002
2 §50 Loan Commitment itmet Deane August 20.2002
3 §5c Buyers Credit Information Deane a
4 §5c Disapprove of Buyer Credit Deadline we
5 §5d Existing Loan Documents Deane we
6 §5d Objection to Existing Loan Deadline we
7 .jSd Appeal of Loan Transfer Deadline in
8 Bea Appraisal Deadline
visions
9 §7a The Deadline Apra
./yy ff.2002
10 §7a Survey D Aagest342 e 0.2
m2
11 §7b Donert Request Deadie a
ca
12 §Ba Tile Ohjcfion Deadline Judy
2q 2002
13uly2 2002
$Bb Off-Record Matters Deadline July 2%2002
14 §80 Oft-Record Matters Ot)ectlo '*'Slit 2002
n Deadline -
_ 15 §10 SeOerffi Properly Disclosure Deadline
16 §10a Inspection Objection Deadline_ see additional provisions
17 §100 Restitution Deane an additionapra.trlens
18 §11 Closing Date
aor
19 §16 Possession Date day
M.2002 of dosing
20 §16 Possession Time t pm
22 see= eams anr Peance ueae LOBO holy oly f It 2002 --- --
§28 Acceptance Deadline Time f:00pe
d. Aftattents. The follows_erks, Staciwne a addenda d aeda are a pat of this contract:Outer Aetas,
abbreviation"N/A" means not of T_ ra as. A check aNla str meek lobar box mesa that such provision is applicable. The
3. a. 'the P -chase rice ONO.
fie Padnm413'e"�riceincludes the fWoaig ft ems(Inclusions):roperty aid air eorrBOp(1)
ing finites, es. If telephone to a on the dale of this contract,fights g,healing.Wanting.systems. spritda systems and controls, andr!!___—__. O0""°c Macke/lacks, pleb, mirrors. floor comings, Intercom(2)storm doors,'Mndaar and porchr�s.awnings,,blinds,scr the Property een attached s,window or not at the dated this contract storm windows,
erings,ctrtain rods, rods
and allkeys. Check bar If included: ❑Smoke/Fire Detectors. 0 Security system(a);adm drapery , storage sheds,
tee__ _._
(3) Trade Fixture Wiith respect ...__.- .__. _ _
to trade Lahres,St and Buyer agree as follows:M__
_--___—_
e__ _________—
_..- ______._—'deer— — -________________
(4) Water Rats.The folly g fogaky described water rights:nee
•
(5) Growing Crops,Wlh respect to the growing crops Seller and
d Buyer agree as follows:4* ___
CBS}BOO Contract to Buy end Sell Rey Estate(Vacate Land-Farm-Ranch-
kikla,p4aileiRle el emedied maim
eaeaateZyn) lQrl(. mrraadr___
fl .�__ Paps 1 a 5
b. Inatrumentr• r. The Inclusions are to be conveyed at ClosiC ae and clear of ail taxes, liens and
• encumbrances, except as pi . in 12.Conveyance shall be by bill of sale or other ao. able legal Instrument(s).Any water
rights shall be conveyed by _ roe _deed or other applicable legal instrument(s).
c. Exclusions. The following attached fixtures we excluded from this sale:ea
4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable In U.S. Dollars by Buyer as
follows:
Rem No. Reference item Amount Amount
1 §4 Purchase Price s Zeeman
2 _._§4a Earnest Money_ Setae
3 §4b New Loan sancta prey.
—_
4 §4c Assumption Balance
Na
5 §4d Seiler or Priwte Financing rs4
6 §4e Cash at Closing 22,00000
7 TOTAL SZNroea.en sngeaaoo _.
a. gamest Money.The Earnest Money set forth in the Sediary in the rani of r.eed...erpw_ss.rneer
Is part payment of the Purchase Price and shall be payable to and held by Dar theytic. in
Its trust account,on behalf of both Seiler and Buyer. The parties authorize delivery of the Earnest Money deposit to the Closing
Company,If any,at or before Closing.
b. Buyer shall obtain a new loan set forth in this Section and a follows:
CT Conventional Other seerasalpm4slo n . 11*
loan%Rl be secured by a (1st,2nd,etc)deed of trust.
The loan total loan amount not in excess of$ shall be anodized over a perof
ID years ❑months, payable at approxtmatey $ per including principal and Interest not to
exceed % per asaan, ups, if required by Buyer§lender, a deposit of of the estimated anneal real estate
taxes am property insurance premium. If the loan Is an adjustable'Meest rate or graduated payment loan, the payments
and interest rate initially shall not exceed the figures set forth above.
Loan discount pope,If any,shall be paid to lender at Cfosbg and shall not exceed %of the total loan amount.
Notwdlstanding the bats Serest rate, the rest
and the balance,Nay,stag be paid by loan scout points shall be pee try
shall timely pay Buyer's loan costs and a loan origination fee not to exceed_ ____.__%of the loan anount.
c fognialsg. (Omitted as pspplicabie.
d. Seller or private FlBandno (Omitted as pnpppeade.)
shall be be.lureash at Mee AR anosts paid by Buyer at Closi g i cludi g Cash at Closing, plus Buyers closing costs,
coney wen all applicable Colorado laws,which include cash, electronic transfer funds,certified check savings and ban tellers check ant caashhiieer§§Bcheck(Good Funds).
5. POUNCING Lawn R Bare.is to
loan is not to be released atpay all a part Bend Purchase,shallmake
by obtaining pica raw bar,or if an Application
Deadline(§2e).Buyer shall Closing,wehhxS if rewired o such to obtain
lender, make erg en application Loan amelhi go d
�h, execute all documents and furnish all informationand documents��approval,lender,�,a d, timely pursue§4, same in good
costs of obtalNng such loan or lender consent Buyer rimed sonable and, ants of §4, timely pay not
o
vMhdraw the loan or assumption application, nor intentionally agrees to satisfy the in circumstances
requirements wlender, and hen
approval of the loan application or handing of the loa ease any change b ekcnns(aceg which wpb prejudice lender's
b. Loan Connnamant If Buyer is to pay all or pat of the Purchase Price by obtaining a new loan as specified
4b, t cetera is coddllbrd Won Buyer attaining a written loan pki tom ibnert u3g, if r required by lender, (1)l Fender
anploymet,(2)lender yodel al of Buyer's creditworthiness,(3)lender wricanan gist j ji yg)g MEW IiR
...'» ...a to-r�m.:erneh or any remaining requirements for finding said loan. Tiffs condition shall be deemed waived unless
loan cosmnilment If Buyer Seca receives from Buyer,nosier notifiest Commitment Deadline(§2c),we notice of Buyers inability to obtain such
NOT CLOSE,BUYER SHALL BE IN DEFAULT.
contract shall terminate. IF BUYER WAIVES THS CONDITION BUT DOES
c Credit Information. (Omitted as ksppitcable)
d. Fxisuna Loan Review (Omitted as In pplcahle)
6- APPRAISAL
a• ABotannT on. This subsection a ❑Shan NSW'Not
valuation rlBuyers by have
app e sole option and election to terminate contract if the Purchase Price exceeds the Property§
giving Se's valuation is llerwritten notice of termination and either a copy of such appraisal or mitten notice fr n lender etch confibyrmsttn
Pr pe tetcv oaf yellers t ana the he Purchase
the received on or before ne(§2 the Appraisal Deadline(§2c). R Seller does not
this subsection. Appraisal Deadline Buyer valves any right to terminate wider
b. Cost of Aamasal Cost of any appraisal to be obtained alter the date of this contract shall be timely paid 7- gV1 1oru Sadler.
a. galena of Title; Survey,On or before Title at Seller's expense, a gnat commit (or.win g�insurance Deadlinepopolicy
hi a, Seller shag ease to be furnished Pric toi Buyer,
box Is decked ❑An Abstract of tine certified to a current tine insurance mount equal to the tthth , or Sthis
®Shag Not commit to delete or bee over the standard exceptions each relate to oonrunnitrnneht s ha • It ❑ShaS
(1)parties in possession
(2)unrecorded easements,
(4) unrecorded mechanics'Res,
Am fl period wads cInedee ao mid deed bloct the ea
premiums a ain tax this additional coverage
prig si Closing
net to exceed S MAN for the cost improvement ass veyyelher- An a tw
Ed Buyer ID Seller. If the cost exceeds this amount, Ourscertificate paid by
The
�m�u a policy deli location certificate or vurvey shall be ered Buyer as soon as d by Buyer on or before Survey Deadline(the aces$24bSeller shall we ilccause
the b. Comps W Exosat On a before Title Deadli ($24practicable at
or after p°s '(1) a cop,of any plats,dears, cow.svis, conditions and restrictions Seiler, at Selly the ler's o errty,an (2)Neale
a ale insurance
Bays.
summaries of such led to be
in and e if this
box
f exceptions NCopies of any OtherDocuments(oo,, if illegible,cepflas(Exceptions). Even if the bar Is rot checked Seller shall
CDS}add Corer ad To Buy aid Sell Rea Estate(Vetere land-Form-Rath-
waeamme4�reseer 'rearwe news war M.W _ _/ err rue._._
/ -T/V�y —__ Page 2d5
...,..,.........., ..............
have the obligation to furnW' " se documents pursuant to this subsection if requeste Buyer any time on or before the
• Document Request Dead', §2c). This requirementshall pertain only to documents lawn of record in the office of the
clerk and recorder(s). The abstract or title insurance man tame together with any copies or summaries of such documents
furnished pursuant to this Section,constitute the title documents(Title Documents).
8. ELM
a. Tide Review, Buyer shall have the right to inspect the Tale Documents. Written notice by Buyer of
unmerchantablity of title or of any other unsatisfactory title condition stolen by the Title Documents shall be signed by or on
behalf of Buyer and given to Seller or or before Title Objection Deadline (§2c).or within live(5)calendar days after receipt by
Buyer of any Title Document(s)or endorseinent(s)adding new Exceptions)to the tide commitment together altars*of the
Title Document adding new accepts the condition title as weds)to the Title Documents as satisfact If San does not receive oryy.yers notice
by the date(s)specified above. Buyer
b. matters not Shown by the Public Records. Seller shag deliver to Buyer,on or before Off-Record Matters
Deadline (§2c)true copies of al teasels)crud suvey(a)in Seller's possession pertaining to the Property and stall disclose to
Buyer all easements,Hans a other tab matters not shown by the public records of with Seller has actual knowledge. Buyer
shall have the right to Inspect the Property to determine if any tard party tea)has any right in the Property not shown by the
public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any
unsatisfactory canddan((s)disclosed by Seas or revealed by such inspection shall be signed by or on behalf of Buyer and given
to Seller or onbefore Off-Record Matters Objection Deadline 62c). If Seller does not receive Buyer%notice by said date,
Buyer accepts tab subject to such rights,if any,of lad parties of*oh Buyer has actual knowledge.
c. Special Taxing
INDEBTEDNESS THAT IS PAID Y SPECIAL
PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY
WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS NAY BE PLACED AT RISK FOR INCREASED MILL
LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN
INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED
GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING
SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
In the event the Property is located*thin a special taxing district and Buyer desires to terminate Ws contract as a
result,if written notice is received by Sever an or before Off-Record Matins Objection Deadline(§2c),this contract shag then
terminate. L Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the inclusion in such
special tarring drainage)and wakes got right to so terminate.
Prapaty's
d. IIWIt to Cure,f Seger receives noticed tawnechaMffiLty of title or any oiler usatsfaclory tile conditions)
commitment conent terms as provided in§8 a or b above, Stier slaw use reasonable effort to correct said items aid bear any
nominal expense to correct the sane prior to Closing. If such unsatisfactory title condition(s)are not corrected on or before
Closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before
Closing,waive objection to such items.
e. Title Advisory The Title Doaarents affect the tide,cameral*and use of the Property and should be reviewed
carefully. Additionally,other natters not reflected in the Title Documents may affect the tine,ownership and use of the Property,
Inca
and other unrecorded aweema:1km without Natation boundary linesand mss, wee,zoning, unrecorded easements and claims of easements,
ts,and various laws and goveranatal regulations caceni g land use,development and
environmental matters. Tie surface estate may be owed separately from tie underlying mineral estate,ad transfer of the
surfaceestate does not necessarily include transfer of the mined riots. Tad parries may acid interests in al, gas, other
minerals, geothermal energy or water on or hider the Property,Mich interests may give gem rights to enter and use the
Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel nth
re
spect to all such mass as there we strict tine limas provided In Ms contract(eg.,Tile Objection Deadline[§n)and Off-Record Matters Objection Deadline[§2c]).
9. ankh LEAD BASED PAINT. Unless the
iess exempt, knprovenals on the Property Include one or mare residential s
forDis a was issued prior to January 1, 1978,this contract Ma be void unless a completedLead-Based�PahM
as lcontract.re(Sales)
form s signed by Seiler and the reared real estate Ncensee(s),which must occur prior to the parties signing
,w. f On or before Sellers Property
ees
wide wwllern aroper DIsdosurs Seller
ell r (the Seller
f
Server's arreof atrragnaaoolaskrnawiedge.wort '�°'s' n9Iue Property tanpleted by Sena ro the
best a
Property aa. 6oWstonotIon,at aQbba% on Deadline
have right to have inspection(s)of the physics condition of the
su6jectve discretion,Buys(1) rshha ll,on r before Inspection Obje�aionnDeadline of the roperly or inclusions s unsatisfactory b Buyer's y n vatting that this contract is(2) Provide Seller w a veils..description et try u terminated,or
unsatisfactory physical condition witchBuys requires to correct(Notice to Correct).
If eaten
u
the Property mid bctusea shall be deemed receiveded to be Saber on or b. jisalirolmpe Buyer. Objection Deadline g2c) the physical ttirdiUa of
'sting to a settlement thereat a«thaLNEN v a Hclbe to Carson is received by Seller ad If Buyer ad Seller have not agreed in
lisdutton Deadline(52c),this contract abet/'emanate one calendar day follows g
the Resolution Deadline,mess before such
C. RAsane:Liens:bndiaSty Baer termination nsler reIBear p Buyers wile wMgr�y of the Mace- to CareeL
a result or of such payment for ere
a any oiler wore perrormuy ef B Wert � inspections,surveys,engineering reports uY t permit
e mi and shag pay fir ay dotage with occurs to the Propertyns and inclusions as
engineering wts and for other walk Performed these i�rt any kindBuyer's against request. puye a y«lespecdas. ,protest inspectianiand hold Sevw hwmless fromihris ad asaMt any U tltY.fie cost at mpense curd by Se in agrees COTE
idwsif a prsuch ny right recce al costs t c hucir�g Sevsk r�ornade nay feet liaroi subsection shall bys survive the term na�daonro of
It. GLOM%DeYvsy of deed(s)from Sees to Buyer shall be at Chos'
as the
aerlloosing Date(§2c)or by mutual °g(a place c.Closing shall be on the date role by
agreerent at an earlier Ise The her and d(]said shall be as tflwigated by 12, TRANSI FBt pF lTfl Sutject to tender or payment at Closing as reared other terms orations hereof,Serer sail execute aid dam a good wig herein a b!I Btya vnMu the
to Buyer,at conveying the Property free and clew of a taxes deed as provided herein.title sisal be conveyed free and clew ef ag lens except the genera tmea Ter tie year er Closing. nerds installed as of the dared Buyers signature or net.g 1ny ran nawe bees
for sPecbl ieleme efts a. those specific assessedanit caweyed atra to;
accepted by Buys accordance Mei§as tale Renew]], reference to recordeddddotuarens as reflected in the The Documents
b. distribution wily easements,
those specific*deserted rikrgrtedge d. inclusion of the c.and
Pro Baer in accordance Me Sell perty ghts of third parties lIaNe°n^ia No lhe
owln ubbeby tie Rhea rbdjWwyhu actual
0. the benefits and burdens of ay decimation and ng d and
f. other rnOslr— poly wall agreements.ti any.and
C8S 3-9-99 Canna To Buy And Sell Reel Estate(Vacant lam' -Rene.�e°d egarBald mar )
aNllswaaabtn or'ken eune tnsasts if/
6* areas page sots
13. PAYMENT OF Elmil§MIIM Any' proceeds a this transaction encumbrance required to be paid sheer' al or before Closing from the
aay other source.
14. CLOSING COSTS. alOCUMBRS MD SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs
all customary of dams required to be paid at Closing,except as otherwise provided herein Buyer and Seller stall sign
and complete ary or reasonably required documents M a before Closing Fees for real estate(losing services stag be
paid at Closing by $1One-Half by Buyer and One-Half by Seller H Buyer [)Seller ❑Other
The local transfer tax of___Bg_%of the Purchase Price shall be paid at Closing by Li Buyer ®Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by ❑Suyer $Seller.
15. PRORATION& the foliating shall be prorated to Closing pate,except as otherwise provided:
a. Taxes, Persona property taxes, if any, and general real estate tars for the year of Closing, based on
❑The Taxes for the Calendar Year Immediately Preceding Closing r The Most Recent Mill Levy and Most Recent
Assessment 0 Other
b. ftEttEi Rents bead on [Monts Actually Received ID Accrued. Security deposits held by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases.
Patti
e• r Proration.Water,sewer charges:and interest on continuing los(s)•if any;and
Kept'ad Ass c.allimi_h_ktpro eadAp_dky_ rfsig__
d. Final Settlement.nthiesss°thervdse agreed in thesewriting, proration shall be final-
le. POSSESSION. s
(§2c),subject to the following tease(a)a Property to Buyer on Possession pate ant Possession Time
lee Pr y(ops rr Mee se—
be d
..-r Seller, alter Closing, fails to deft possession as specmed, Sala stn!be so
to eviction and shall be
additionallyis sale to Buyer for payme t of S _asM1s _.__._.per day Iran the Possession Date(§2o)until possession
`7. NOT ASSIGNABLE This contract shall not he assignable by Buyer without Seder's prior written comas.Except s so
rest d,the�ca stall lure to the benefit ofand be binding upon the heirs, personal representatives, successors and
assignsties.
n. CONDITION OF. AND GANAGE TO PROPERTY Mfr BICLBSIONS.Except as otherwise provided in this contract,
exthe Propper y, M W a dsa both sIW be dam:*in got condition existing ng of the dale of this contract,ordinary veer and tea
a. Casualty:Insurance,In the met the Property a Inclusions shall be damaged by We or other casualty prior to
the Closing,
i Closing Da amount
t t of).f t ore than mad ell p damage a not of Purchase Price,Seller shag be obligated to repair the say baffle
contract may be terminated at the option of Buyer by delivering to Seiler noepaired within sald tice of tlteminadari Should the damages exceed such sum,tocarry
out this contract despite such damage, Buyer shall be entitled to a credit, at Buyer s asuilkyl
e�y
from
such
provided o t leein such y and
kickalons payable to Seller but not the owners'association,at N any�pka the of any
Poicy,such credit net to exceed the total Purchase Price,
b. Daman Inclusions: S. Should any Inclusion(*)or senics(s)(including systems and components of
the Property. e.g heating, nutting, em.)fah a be damaged baleen the dale of etc contract and Closing or possession,
whichever shall be eerier,then Stier slat be die fat the repair or replacement of such inclusion(s)or service(s)with a unit of
similar ncMasizes sweats) or fi and xture(s)a s nisequt lee credit, tut ally to the extent that the maintenance or replacement of such
received by Buyer such repeb or r �Theotriskk ti the�any Ke any, less any insurance proceeds
such
re or other
casualty, �be borne by the party allied to the growing crops, If sy,as provided in§3 and such party shrowing crops, all be entitled to
proceeds or benefits for the growing crops.if any.
c. Walk-Through•Verification of Conditlu�r Buyer,upon reasonable notice,shall have the right to wale thwgh
the Property pray to Closing to veri�y get the physical corhdim of the complies with this contract.
t e Selling Company a the LTION hb I. AND TAX ag COUNSEL By sit this Buyer as Seller atloawadge that
recommended the exarintan of title and that gas dormer c has l before s legal consequences lei ant has
hexeonden e ally not cow,Leese . If
before c signing received
iie dot aci.
not nevfenned a Bsed aslsh herein Wove stag be the fMmdr pal honored y�when: a t awry other hereunder&a.and things of vaNe received hereunderpas may erformance or Seller may elect to treatca4aand as retained on behalf
of'Se� and S nay reeow suchdanaga I I (1) .Seller may elect to treat this contract as canceled,in which cased® ance or damages,or bahaekg 6h full force and enact ant Stier stall eve Una r to
era retained on PI ot tad maaai M payme is and tliga of va Wale received hereunder Paymdis ant things ot value are Parties alai things be released from all obligations hereunder. II b�� Buyer
OSLY 1AEEDY tar 8 LIOllDA7E0 CYvMIU S act(except as Pealed ided in athaectan c)are SELLR'S agreed OLE MD
performmice and additional sire m permrm tlna
b• Oat h inn D�i(ault• yma of Its canna Sete express*Miss the nemedis a spe ll
things of value received a eu shell be r elect uyo treat this s canceled, in
which case all payments ant
to treat this contract as being in he lace as effect arhda Buyer taw Nee the ry d Bnay recover darages s the mars of s�rai aeerd m par real and ligation attorney fees this g a arbitratmagesalter or a cent
s.
get emcee helps bresolveaaphae stall rrt e n tomprior to or alter Closing,aid is net resohed,to parties shall
se dr the mantam violation me dispae must agree cost of 6elaa learnt nM . Mhtiaas wi inthithe Salting ll m Mai the pats glia with a arte t l ail dvedha c q �,s ah irYss otherwise agreed.sl teiaPPann hateaceePtahle mid afaent the entire
tare dis dispute
is
meant of dte intssr fll wend!.
°fie hag mediation is sera by as pay to got atain°. 11as Section
raW oc movetry meare to the EarnpBtefad(hg▪only tamiMtiah of this contract Bayer and Bahr agree that el the wince "tar erintsrplead Instructions1e addany arai a y Iwoesse aat tray it's aanti s s• eanas ea la"value broker a(DieingmgCamPanY r mutual
raasorhehle ties Si fees. moneys err things of idue into a cant d ing y and shell r°Mon and��court costs
oand s In the ewmt this contract is�"' pates shall be d23.
at payments ad digs of ante received hereuder shall be
returned tine
object to§§1tc.21 and 22
CBS 3-5-99 Cart act ToBuy And S_Re Estate(Vaeaa ta..r
lits"°xinneb Aarshadotlir'rwaawa flair ^�jr�)
eeesaa 10- de hair---- ___ Page 4dr
•+r......-................«n
M. Maim, PIiP��jONB. (The language d these additional prevM nos not been approved by the
Colorado Real Estate Con store_)
H_ Bayerwelham mNAepnat2g motto do row VIdponn'a;starts,up ono¢aa PM of sold date the burrmayaaadaaa
Ofe cam for anytaaeon and banral.rrtodto IdnadtaMam goyaneaBatwles dpoa/Yd for ads coact a2.Contact Is
foreman enene_raeeiaoft as/pn ardp6 Wog raiovs_°_4r_a•Are dheN.a pattalca ltaa deMliNypyypa. pyaakl
aPPresetM Mare, Marrdrmr-Akfast bZOD2 n.PrimklFubJect of orarMpahYFmeata MAmwks,Mt read, ---
aataaaramranryBordaeaaarg, aaeyages___
29. EN
between TIRE TIRE AGREEMENT: S MODIFICfTIOfk SURVIVAL, lhis catact constitutes the entire contract
pales relating to the su*ject,and any prior a 'ee erts pertaining thereto,whether oral or written.have been
merged and Integrated kilo this contract No subsequent modification of any d the tams d this contract stall be valid,
upon the patios,or enforceable unless made in writing and signed by the parties. MY obligation In Ills contract watch, by e IN
terms,is intended to be performed after termination or Closing shag survive the sane.
m
provided to the Wier gI Signatures NM., U May Not be evidenced by facsimile. Documents with original signatures shall be
pr o o party at poring,a earga upon request d any party.
27E Except for the notice requesting mediation described in§21,received by Buyer or by Selig Company ande any notice to dryer shoo be effective whey.
m- NOTICE OF ACCEPTANCE:l ARTS This
shall l sall meffective e mien ss accepted e Stn writing,if by uyer and
Seller, as evidenced ty tfeir sgna.es 5A0 , and the R°�at� e �s k uurn to§27 o and
before Acceptance offering Ti c. notice of acceptance, thiisdocument
it become on a
er Deadline Beyer.Date cud Asp nca tint may be re Time (42c). a chparty, grid stern y
cadrect betwaenpS�eta and each
has:Zed copies together shag be deemed hbe a hull aid separately,ntc ad Mien he parties.
the �
BayerJr ---
Buyer Jsdn
Date of
Buyer's AAdddesssignata« --- Date of BuraY Signature__
Buyer'sT No:__ --__
Buyer's Fax Na —
(NOTE:If this offer is being countered or rejected,do not sign this document Refer to§291
Seller
Seller
Date of Seller's Signature: Date of Seller's Signature:
Seller's Address: — Seller's Telephone No:_____
Seller%Fax No.No:
29. COUNTER:REJECTION This offer is [CCountered U Rejected. — ._--_---
Initials only of party(Buyer or Seller)who countered or rejected offer
END OF CONTRACT
Note:Closing Instructions should be signed on or before Title Deadline. I BROKER aters The undersigned Brokerts) 41
and,Mile not a party to the contract,agrees to n recent receipt mediation the Earnest Money under§21. specified
score Canwar raw f, ccoPeNP°upon requeat Chat ay con sees een, gd in is
transaction as jp�Buyer Agent U SellerlgentuSubagent ]C Duatuspnitab, The Selina l y and ra sactl n- rhaveoke been engaged in this
transactional*Stable Can area._ r . --fahmaaw the mpany Agent OTrencensee haver.
❑Seller Ag.M [l0wl AgeM [7 Transaction-Broker.
anad its licensees have been engaged in this
BROKERS'COMPENSATION DISCa OB c
Selling Company% compensation or commission k to be
2%l-lfN_Mleemice paid by (1 Buyer D6Seller 'Billeting Company ❑Other
(To be completed by Listing Company)tyEs9 Oonpany%compensation a commission S to be paid by U Buyer ❑Salter
Selina Company:SWtrPawffian.... sa __.___(Kane d Canavan
Signature Dwayne fa car-------•krA'.11-hors ---
Selling Company Address: Date
Ektttar swift zdCBC1.S�tI1�_ Selling Company Fax it No:
Swig Cargpay Fax It 381'aCF.67e __-_
listing C°°pay-P wPeaXGhaa,_____. __
Signature :,jfnri,L BY�•j,, ' Date
V
Listing Company Address:sa.wsaaaraaaAcoa.e
teaiga at_Calotaan lfa____ _—. Listing Camay y TelephoneNo:M yb:7i3-TL2S73g9.Listing Company Fax No:�ff3]-13m _ _
CaS}&99 Contract to Bey and Sea Ran Estateryaera LonaFaraaa-nand- ear N loom)
sonasossobaramiaariasteremaisroa M.attO
r'.ge s or
......""e.a,..a
ADDITIONAL PROVISIONS (contint
24. ADDfT1ONAL PROVISIONS(continued).
(The language of these additional provisions has not been approved by the Colorado Real Estate Commission.)
Concerning the Property known as:Lot 4.Black 1,Milky Way Business Park
@RMra.rth ar..h fePrrsad-Mti Ose Purchase-
0,1.. a1 me Gretwer _..
awdchracevLkAresig HON*ID sem! d. Aud0 IV1�4�_400! w l d
and. , for the Purpose oI gar#0 i j_s s)r!!Ikrnnoage a►/M Barlh._rn+M a dpgls dbr�rs s
crarreOheK o/sict1erlwaralk -- - ! +Mell�san asw !b� iiereh��rgpraad_
IM NOVswvayP!gnl��e bi -------•—_- _-
_--!lwnolMnaYlMadb�auNItillar lz__�
Pk..DUO,saw.n_1M,,,�ecar�r+i�n!KeorQo lf.._ _ Iwrr.ee.ea .p +derr+.a�ryrr.
sit 11>•Jr1�!SNA4 AVM DO#Olt.ease eta.i _wrrr,ds_afty0_a
#1A .Weal_oPigener!itgiP*WS -dp*,_aas*NOW RORI ruse! OW!b_r ft a+!�i.—n•_afIOA__--.___..eaw-(..,/o7e.--4V/ _7-/kae_Date Buy,fA�,a _ _.'7-t I 02
Date
Seiler Data Seller
Date
CBS 3-9-99 Co �' ��ntract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
%ram mewed*FO Farm.Solway]leemehlV
Additional Provisions
M.w.•4/Ys 1R...k• W41 IOW%4s 1e.
The printed portion, Us form have been approved
hy the Colorado Real c_.ate Commission (CIC 32-9-99)
TIM FORM HAS IMPORTANT LEGAL CONSEQUENCES
AND THE FARCES SHOULD CONSULT LEGAL AND TAX
MOTHER COUNSEL BE FOIE MM HG.
COMMON INTEREST COMMUNITY ADDENDUM
TO CONTRACT TO BUY AND SELL REAL ESTATE
(COMMERCIAL or VACANT LAND—FARM—RANCH)
(This addendum should be used for the sale of Property Involving ownership of common elements,or where there is an obligation
to pay common expenses pursuant to a recorded Declaration)
AMEIDMEIT TO A CONTRACT TO BUY AND SELL REAL.ESTATE.
This Common Merest Community Addendum is made a part of the Contract to Bp1r and Sell Real Estate for the
purchase and sale of the Properly known as_ Lot 4, Block 1, Western Dairymen'a Cooperat ve
(aka Milky Way Subdivision) — -- -- with
- ---- _.., is dated July 11, 2002
between Buyer and Seller PContract"). This Addendum shall control in the evert of any convict with the Contract. The following
provisions of the Contract are amended by these additions:
§3. INCLUSIONS AND EXCLUSIONS. The purchase price shall also include use of the following parking
facflltyQes): — _nla.___.._. ..___ _:and the following storage facility(fes): nit _
§7c. COMMON INTEREST COMMUNTY GOVERNING DOCUMENTS.
(Check only one box)
El M) Not Applicable.This subsection e.shall not apply.
(2) Conditional Of Buyers Review. Seller shell cause to be furnished to Buyer, at Seller's
expense,on or before Title Deadline(§2c)a current copy of the owner's associationdedaratims,bylaws,rules and regulations.
party wall agreements (herein collectively "Governing Documents"), most recent financial documents consisting of(a) annual
balance sheet,0e)amoral income and expenditures statement,and(c)annual budget(herein collectively-Financial Documents"),
if any. Written notice of any unsatisfactory provision(s)in any of these documents signed by Buyer, or on behalf of Buyer,and given to St on or before Governing Documents Deadline,(which is the same as Title Objection Deadline( 2c)),shall
terminate this contract. If Seller does not recite written notice from Buyer Shin such time, Buyer accepts the terms of said
documents,and Buyer's right to terminate this contract pursuant to this subsection is waived, notwithstanding the provisions of
§Sol.
UI (3) Not Conditional On Review. Buyer acknowledges that Seller has delivers a copy Governing Documents and Financial Documents. Buyer has reviewed them, sf and
restrictions with they impose upon theagrees to accept min the benefits, obligations eri is and
documents,notwithstanding Property and Rs owners and waive any right to terminate this contract due to such
the provisions of§8d.
§Bf. RIGHT OF RRST REFUSAL_ B the Govembg Documents require written approval of the sale
contemplated by this ca tract or waiver of any option or right of first refusal by the owners'association or any other owner in
the owners'ass all lino submit
thisssuch contract and request approval of the sale or waiver of any option or right
of fist refusal pursuant to such provisions.
this contract shall terminate Buyerill, or waiver is obtained ing approval or before lor'wa,s f required
lui_
uy agrees to evadable with St in obtaining the argo waiver l req by the
applicable Governing Documents one shall make evadable such information s the owners'association may reasonably require.
§le CLOSING COSTS;DOCUMENTS AND SERVICES Any fees incident to the transfer from Seller to Buyer
sassed on behalf of the owners'association shall be pad by ❑Buyer )(Seller
§15e. ASSOCIATION ASSESSMENTS Current regular
dues. Owners'association assessmentslade o Seller' association Casash
reserves
and association of the
regular owners'association assessmentspar id in advance int be credited the to association Cbtio. Csy ro c held to d ter
except as may be otherwise provided by tit deferred g Dderance BY off' ment shall not be s'association
at Sailer
improvements that have been Iretalbd as of the Governing
of Buyer's rmmgn Any hereon
salass be the by the owners'ssoA other
ter
special assessment assessed prior to Closing Date 2c) signature o ciatil be shall
obi the o of Seller. Any
❑Seller. Seller r (§ by theowners'owners'association sess be the oclrolb pfayable
0 Buyer
represents that the amount of the regular association assessment is currently payable at
tbd_.__._per __and that thereare no unpaid
except the current regular assessments and except except _ ___ d regular or special assessments against the Property
to promptly request the ownvsuch assessments are svbjeet to changes provided in the GoverningDocumets. Seller agrees
to p ty Pr association to delver to Buyer before Closing Date(§2c)a current statement of assessments
oper1Y Any 1issuance of
to the such statement of as
sessments seme is shall be paid by 0 Buyer El Seller.-,.�[
Buyer
Buyer
Date of Buyer's ignoble '1-/�j_2y-__
Dale of ens signature__CYl
S Ifair partner of Am flit.
Doe of SrByrti errnsiginardde _ ovnel Serer ---
Date of Seer's signature_______
CM 32-9-99 Coss Interest Cmmuray Addmim$mtoCmlract Buy and Sall Ram Estate(Cmmmrdw—Vocal Lad—Farm—Ranch)
Mdentati Flrrmptefs'faramua aflIUT
nem On:Free."Smart It]am Rotes
_ _
ITbs.primed ry t of Ile fern baye bees apn.ed
by lb*Celan4 al relate Caadutaa.(CIA-P-'S)
TUB FORM HAS pMRTMr laALCvNSL9apcn MO)ft Marta SHOULD COMMIT LWAtall TAX OR Oran{cOtwmp.anOazslomc
CLOSING INSTRUCTIONS
Date: cum 14 _—
WivFanersef-AB �__ . (Sella)
— ! ales—k LLdlr,Lo$MLeo mg9CoL
eapg Glikadp Eammm6Tdtiiemgiodaf +P>N m
(Closing Company),
who apes to provide closing and settlement minims in connection with abtlosklgofthe following descried real estate in the County of
Coloado,to wit: Late,Nock 1,Weston Dairyffrs i%Cooperative,Me.
also know Is:
e (�
ddresaaeeaHjiys
Street Address
Cuban:iCity State ti0601
Zip
2. Closing Company i oat theed to obtain ifcrmatia mad apes to pease obtain,deliver and record all documents,exclaim preparation
of l
documents,necessary to any oat the term and condition of the Context to Bay and Sell Red Estate,dated Jda 11 ga
with any conleryropnab and amendments attached(Contract).
3. Closing Company will wave a fix not to exceed S 150.titi for providing these clmig and settlement sankn to be the expense of
4 CbsigCompany is authored to receive fads mid to disburse Wen all Ponds received are either available for immediate withdrawal as a matter of
right from the financial indiction in which the fads have ban deposited or arc evadable for iimdiate withdrawal as acouscgemn of an apeweat of a
francil istim in in which the fitna art to be deposited era fmmocil innaalfna upon which the fends we to be draw(Good Foods).
5. Closing Company is not Whored to*we any docameats or tbip of aloe prior to weir and disbaneumt of Good Fads,naps as pm-
aided it Sections 10 ad I I.
6. Closing Company shag disburse all Ponds,idading tat estate commissions,except those lands as may be aryYYey didosd a wnigto Boyer and Seller by Clain Company or Bayer's lewder on or beforeclosing All parties agree that a one other than the dbbtsm tan neat that payoff of bas
and other d'ebmsomans wit Yteaay be made.
T. Seam wit receive the net proceeds of closing as indicated: cahsh check Y Seders expense. O fads electronically transferred(wire transfer)
to an accent specified by the Seller,at Seller's expense,or X Closing Company's trust meant check.
lnsII. Buyer ad Sneer wit famish any ddiiead inhumation ad domYnts rewired by Closing Company which wit be accessary to complete this
9. Closing Company will prepare ad deriver an accurate,complete and detailed closing statement to Bayer and Seller at tip ordeals
10.t felosig does not occur,Cana Company,except as provided hews,is anchored and agrees to return ad documents, 'Mai of aloe
to the deposing patty and Lana Comp*witm
he relieved from any Rasher dory, poasbility or liability incwaedioa wwilt han ave le stndin.In
addition,any promissory note,dad of trust,or°tierevideaa of idebtedness sipd by Bayer,shall ha voided Closin Co
re amnd to Bayer and a copy to Be g °Tray'with the origiPags)
Yoh Inds.
I1.If any conflicting Wands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,documents,and things
of value received from any any except Buyer's lender.Closing Company shall rata sash dams anti(I)receipt of MW written%steaain from Bayer
and Seger:or(2)mail acid who between Bayer and Sala shah have been resolved in a Coon of competent jarisdidba:or(3)i the aiteranin,Cbsig
, Company may,in its sob discretion,commence a civil action to mterplead,or,Ytepled in ay existing chi actia,any dormant;weds or Mg
sing
:�
none received
be and to l company. shag Such deposit with the Come relive Cbsig Company of all Bother ability and respoastilty a
Companyh court costs and reasonable attorneys'fax
12.These closing(ntractin may only be amended or temndd by written instructions signed by Buyer,Seller and ClosigConsamy.
It The Internal Revenue Service and the Cobrado Department of lave*may require Cbsig Company to withhold a substantial portion of the
proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after dosing Seam should Woke of Seder's tax advisor
to detemie if Wielding applies or ifs exemption exists.
14.Speeil lustrwins:
15.These Closing Instructions may be crewed by each Bayer,Sella and Cbsig Company idividealy and mien each Buyer,S Wer and Closing
Company has executed a copy of these Closigtnandbn,such copies taken together shadbedeemed tobea lid and complete conned between the ponies.
APPROVED AND ACCEPTED
Seller
SeloDairy _
Sold Security Fanners of America,Inc. Dale
No.
Date
Social Sectary No.
Boyer
Bard
Social Security�Comas,Jr: Date Elkin Closing Company: Social S�ityDbrmaNs anAbrpsgfgra Date
By:
This
Date
RnLRnXY Inc. (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
for•fee not to exact S (Broker)enpps Cbsig Company an Brokefs Scrivener to
fern e n to eia d the ale expense of Broker,the followig 1aldocuments: Dad BM ofsale X Colorado
Approved Pmomiesoty Note am tX Colorado Real Estate Commission Approved Deed of Trot.
The documents slatedabove shag be sabjcd to Broke's review ad apparel and Broker acknowledges that Broker is mpousble for the acme of the
above documents.
CheapCompany shall pay real ante commission at dibersement as follows:
Listing Coma,Y.Dyer Reatie bms
Selling Compary,Besc a_n_' _ --aid by SeRUfa
:J,0 %
Other: _ - ad 6t' a
$ffi
Broker
Oyer Really,Inc. Cbsigcoagary By:
By:
_ Date
No.CLa-9-9S. CLOSING INSTRUCTIONS Date
eMinmdndyFepitRdmtheBwYmnl MdR-1W
Priam.Os ram%Jay IS,2011512111-A4
..........._
07/23/2002 21:54 ST VP~N SANITATION 4 703 772 6181 ^ NO.870 P01
St. Vrain
SANITATION
DISTRICT
July 24,2002
Weld County Planing Dept.
1555 North 17a Ave.
Greeley,CO 80631
Re: Lots 4,Week I,Milky Way Subdivision •
Section 10,R68W,T2N
To Whom It May Concern:
The above referenced property lies within the Saint Vrain Sanitation District(SVSD). The District will
supply sanitary sewer service to the above referenced property contingent upon payment of fees and
charges.
The District has collection and treatment capacity sufficient to supply such service.
All service supplied by the Saint Vrain Sanitation District Is subject to the Rules and Regulations of the
District.
Sincerely,
Saint Wain Sanitation ' .
awes yen
Assistant Manager
436 Coffman Street Suites 203&204 P.O.Box 417 (ongrnont,CO 80502-0417
Phone:(303)776.9370 Fax:(303)714-2349 Email:mark@stsaa.com
•
07/24/02 WED 10:18 FAX 3035°"".52 Left Hand Water Distr.', ®001
LEFT HAND WATER DISTRICT
July 24, 2002
JoEllen Gonzales
FAX: 303-772-6181
Re: Milky Way subdivision
Block 1 Lot 4
TO WHOM IT MAY CONCERN:
The property located at the above legal description is
within the "Service Area" of Left Hand Water District and
water service is available in this commercial
subdivision.
When review and approval of engineering requirements and
payment of all fees is complete, commercial service will
be provided.
There is a specific time period for completion of the
Lap. Failure to comply to any of the conditions within
the stated time period would cause the request for water
service to be void.
Sincerely,
Kathryn A. Peterson
General Manager
P.O.Box 210•Niwot CO. 80544•(303)530-4200•Fax(303)530-5252
Hello