HomeMy WebLinkAbout20021246.tiff MAR-22-2002 12 52 BRIGHTON CITY CLERK 303 655 2013 P.01/02
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Weld County Referral
lMarch 20, 2002
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Rocky Mountain Ready Mix Case Number USR-1373
Concrete, Inc.
Please Reply By February 11, 2002 Planner Chris Gathman
Project Application for a Site Specific Development Plan and Use by Special Review
Permit for a Concrete Batch Plant in the A(Agricultural)Zone District.
Legal Part of the N2, NE4, NW4 of Section 31,Ti N, R66W of the 6th P.M., Weld
County, Colorado.
Location Approximately 500 feet west of HWY 85; approximately 4,600 feet north of WCR
2.
Parcel Number 1471 31 000081
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 dale
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.
Weld County Planning Commission Hearing (if applicable) March 19, 2002
❑ 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.
LEI attached letter.
Comments:
Signature I L�A� IJ� l Date '&77,OZ_
Agency
EXHIBIT
*Weld County Planning Dept 01555 N.17th Ave.Greeley,CO.60631 4(970)353-6100 exc3540 ^(970)304.6498
2002-1246 USZ413-13
MAR-22-2002 12:53 BRIGHTON CITY CLERK 303 655 2013 P.02/02
CITY OF
BRIGHTON -Planning -Department
225ert114lA fl eewste Breghten Cetera?. 8060.1
21 March zooz
Chris Gathman
Weld County
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Case Number USR-1373
Dear Mr. Gathman:
Thank you for providing the referral information for the referenced application submitted by
Rocky Mountain Ready Mix Concrete; the information has been reviewed, and the following
comments are offered.
Based upon information contained within the Special Use Review and letter from Mr.
Baumgartner of Rocky Mountain Ready Mix Concrete, it is understood that this proposal
consists of replacing the existing plant with a new facility at the same location; the type and
amount of vehicular traffic will not differ appreciably from its current level.
Given the above scenario, the proposal as presented does not appear to conflict with the
interests of the City of Brighton. It would be our request, however, that (as discussed in
general recently with representatives from the City of Ft. Lupton and Weld County) the
proposed xeriscape landscaping include visual buffering between Hwy 85 and this property.
Again, thank you for the opportunity to review this proposal. Please contact me at
303.655.2024 or, alternatively, via e-mail at rray4tci.brighton.co.us should you desire additional
or more detailed information concerning this response.
Sincerely,
72t.0 Cu.
Robert W. Ray
City Planner
cc: File
Ala /30a/6S3=2on 9qt• 190g/on-2 7 5 8
TOTAL P.02
WoodyMix
.�"�\\ ROCKY MOUNTAIN READY MIX CONCRETE, INC.
w 5700 LOGAN STREET • DENVER,CO 80216-1324
Office: (303) 296-8853 • FAX (303)296-9633
North Plant:659-2467 Central Plant:657-2969 South Plant: 791-7676
April 17, 2002
Mr. Chris Gathman
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
RE: Case Number USR-1373
Recommendations for Approval to be Completed Prior
To Scheduling a Board of County Commissioners Hearing
Dear Chris:
The applicant in the above referenced case has completed the four
recommendations required to schedule a Board of County Commissioners Hearing as
follows:
1. Show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners. On the 25th of January, 2002, I gave written notice to
the three mineral owners of record of the application for a Special Review Permit. See
attached Affidavit and copies of the notice. Mr. Nystrom did not respond to the notice
and did not attend the public hearing. No response from Mr. Nystrom is deemed to mean
no objection or concern is being made by Mr. Nystrom. Robert and Sharon Baumgartner
attended the public hearing. Neither made any objection or voiced any concern regarding
oil and gas activity or mineral rights.
2. Copy of proposed lease agreement. A copy of the proposed lease agreement
has been delivered to Bruce Barker, County Attorney. A copy of the proposed lease
agreement is also attached hereto.
3. Recorded copy of extension & modification of lease agreement. Attached.
4. Recorded copy of amendment to lease agreement. Attached.
With these recommendations hereby fulfilled, please schedule this case before the
Board of County Commissioners. Thank you for your prompt attention to this matter.
Sincerely,
ROCKY MOUNTAIN READY MIX CONCRETE, INC.
-Wa-v,fi
Ronald O. Coburn, Jr. 4 EXHIBIT
President
Enclosures F
LtSC X 13 73
SERVING METRO DENVER WITH SPECIFICATION CONCRETE
rNDAA rROCKY MOUNTAIN READY MIX CONCRETE, INC.
5700 LOGAN STREET • DENVER, CO 80216-1324
aaey.Hl■ Office: (303) 296-8853 • FAX (303) 296-9633
North Plant:659-2467 Central Plant: 657-2969 South Plant: 791-7676
April 17, 2002
Bruce Barker, Esq.
Weld County Attorney
915 10`h Street
Greeley, CO 80631
RE: Special Review Permit for a Concrete Batch Plant
Case Number USR-1373
Dear Mr. Barker:
One of the Planning Commissions recommendation for approval, which is
required prior to scheduling a Board of County Commissioners Hearing, is as follows:
"The applicant shall submit a copy of the proposed lease agreement for the
proposed batch plant to the Weld County Attorneys Office. "
To fulfill the above requirement, please find enclosed a draft of the proposed lease
agreement between the property owners, Robert & Sharon Baumgartner, and Rocky
Mountain Ready Mix Concrete, Inc. Upon approval of the application by the County
Commissioners, the dates on the lease will be inserted, the lease will be executed, and the
memorandum of lease will be recorded.
Thank you for your review of this matter.
Sincerely,
ROCKY MOUNTAIN READY MIX CONCRETE, INC.
oPe-e4P/d `n—fi--•
Ronald O. Coburn, Jr.
President
Enclosure
SERVING METRO DENVER WITH SPECIFICATION CONCRETE
AFFIDAVIT OF MAILING OF NOTICE TO MINERAL OWNERS
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
THE UNDERSIGNED, being first duly swornn, deposes and states that he caused
a notice of Rocky Mountain Ready Mix Concrete, Inc.'s Application for a Site Specific
Development Plan and Use by Special Review Permit for a Concrete Batch Plant on the
following described property:
Township 1 North, Range 66 West, 6th P.M., Weld County, Colorado, Section 31:
N2/2 NE ''A NW ''A, except the East 100 feet thereof
to all of the mineral owners and lessees of mineral owners of record as follows:
David B. Nystrom Robert L. Baumgartner cQ: Sharon A. Baumgartner
863 W. Lake Creek Road 1564 Manor Way Edwards, CO 81632 Brighton, CO 80601
Said notice was mailed this 25th day of January, 2002.
Ronald O. Coburn, Jr.
Subscribed and sworn to before me this 25th day of January, 2002.
My commission expires: ; 0 ..... .
•
Notary
COtY
111ConttessionExpiresDec.z2003
4 EXHIBIT
r(�
(d54#f3-73
ROCKY iviOUNTAIN READY MIX CONCRETE, INC.
farm VII 5700 LOGAN STREET • DENVER, CO 80216-1324
Ready Mix
Office: (303) 296-8853 • FAX (303) 296-9633
'th Plant: 659-2467 Central Plant:65South Plant: 791-7676
•
January 25. 2002
David B. Nystrom
863 W. Lake Creek Road
Edwards, CO 31632
RE: Notice of application for a Site Specific Development Plan and::se by
Special Review Permit.
Dear Mr. Nystrom:
As a recorded mineral owner of the subject Property: Township i North, Range
66 West, 6th P.M., Weld County. Colorado Section 31: N1/2NE1/4.NW1/' EXCEPT the
East 100 feet thereof. You are hereby notified that Rocky Mountain Ready Mix
Concrete, Inc. is applying for a special use permit for a concrete batch plant on said
property as described above. This application for a Weld County Special Use Permit is
described as:
USR-1373- Request for an Application for a Site Specific Development Plan and
Use by Special Review Permit for a Concrete Batch Plant in the A (._aricultural)
Zone District on a parcel of land described as Part of the N2. NE!.NW-4 of
Section 31, T1N, R66W of the 6th P.M.. Weld County, Colorado.
This written notice is in compliance with Colorado Revised Statute. C.R.S.24-
65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing.
If you have any questions you may respond by letter to: Ronald O. Coburn Jr. at
Rocky Mountain Ready Mix Concrete, Inc., 5700 Logan Street, Denver, CO 30216 or by
phone at (303) 296-3853. You may respond by letter to the Weld County Department of
Planning Services, 1555 N. 17th Ave., Greeley, Colorado 80631 to the attention of Chris
Gathman or by phone at (970) 353-6100 extension 3540. You may also attend a public
hearing of the Weld County Planning Commission on March 19, 2002 at 1:30 p.m.;
Room 210, Weld County Planning Department at 1555 N. 17`h Avenue, Greeley,
Colorado.
This notification is being. sent on this 25th day of January, 2002.
ROCKY MOLrNT.--LN READY MIX CONCRETE, INC.
Ronald O. Coburn, Jr.
President
SERVING METRO DENVER WITH SPECIFICATION CONCRETE
ROCKY MOUNTAIN READY MIX CONLRETE, INC.
tarn R/mil Rock
5700 LOGAN STREET • DENVER, CO 80216-1324
ReadyMU
Office: (303) 296-8853 • FAX (303) 296-9633
-.Ncrth Pant:659-2467 Cenfrcl P!cnt: 65,7-2969
South P cnt: 791-7676
January 25, 2002
Roben L Baumgartner and Sharon A. Baumgartner
1564 Manor Way
Brighton. CO S0601
RE: Notice of application for a Site Specific Development Plan and use by
Special Review Permit.
Dear Mr. and Mrs. Baumgartner:
As a recorded mineral owner of the subject Property: Township 1 North, Range
66 West. 6th P.M., Weld County, Colorado Section 31: NI/2NEI/4,NW1/4 EXCEPT the
East 100 feet thereof. You are hereby notified that Rocky Mountain Ready Mix
Concrete. Inc. is applying for a special use permit for a concrete batch plant on said
property as described above. This application for a Weld County Special Use Permit is
described as:
USR-1373- Request for an Application for a Site Specific Development Plan and
Use by Special Review Permit for a Concrete Batch Plant in the A (Agricultural)
Zone District on a parcel of land described as Pan of the N2, NE4.NW4 of
Section 31. TIN, R66W of the 6th P.M., Weld County, Colorado.
This written notice is in compliance with Colorado Revised Statute. C.R.S.24-
65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing.
If you have any questions you may respond by letter to: Ronald O. Coburn Jr. at
Rocky Mountain Ready Mix Concrete, Inc., 5700 Logan Street, Denver, CO 80216 or by
phone at (303) 296-8353. You may respond by letter to the Weld County Department of
Planning Services, 1555 N. 17th Ave., Greeley, Colorado 80631 to the attention of Chris
Gathman or by phone at (9 70) 353-6100 extension 3540. You may also attend a public
hearing of the Weld County Planning Commission on March 19, 2002 at 1:30 p.m.,
Room 210, Weld County Planning Department at 1555 N. 17th Avenue, Greeley,
Colorado.
This notification is being sent on this 25`h day of January, 2002.
ROCKY MOUNTAIN READY MIX CONCRETE. :NC.
Ronald O. Coburn, Jr.
President
•
SERVING METRO DENVER WITH SPECIFICATION CONCRETE
LEASE AGREEMENT
This Lease Agreement is made and entered into this day of , by and
between Robert L. Baumgartner and Sharon A. Baumgartner, 1564 Manor Way, Brighton,
Colorado, 80601, hereinafter referred to as "Landlord" and Rocky Mountain Ready Mix
Concrete, Inc., 5700 Logan Street, Denver, CO 80216, hereinafter referred to as "Tenant."
WITNESSETH:
That Landlord is the owner of the real property described as:
The North '/2 of the NE '/ of the NW '/4 of Section 31, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado, Except the East 100 Feet Thereof
also known as 989 Highway 85, Brighton, CO 80603
That Tenant desires to lease from Landlord a portion of said real property, hereinafter
referred to as the "Leased Premises," for the purpose of operating a concrete batch plant.
That portion of the real property referred to as the Leased Premises is described as
beginning at the southeast corner of the property, proceeding west 540 feet, then north 280 feet,
then east 540 feet, then south 280 feet to the southeast corner of the property.
And that, in consideration of the payment of rent and the keeping and performance of the
covenants and agreements hereinafter set forth, Landlord hereby leases unto Tenant the above
Leased Premises.
1. TERM
The term of this Lease shall be for thirty years, renewable annually by Tenant, on or before
January 1 of each year. This Lease shall commence on the day of 2002.
2. RENT
Consideration for the lease shall be in the form of monthly rent, due on the 10th of each month.
Monthly rent will begin at $ 2,000 per month. Monthly consideration for the lease shall increase
on January 1 of a given year with reference to the following schedule of monthly lease payments:
Calendar 2003 $ 2,200/month
Calendar 2004 $ 2,400/month
Calendar 2005-2009 $ 2,600/month
Calendar 2010-2014 $ 3,000/month
Calendar 2015-2020 $ 3,400/month
Calendar 2021-2025 $ 3,800/month
Calendar 2026-2030 $ 4,200/month
Calendar 2031-2032 $ 4,600/month
I EXHIBIT
1 _ES_
/ica-#1373
3. RIGHT OF FIRST REFUSAL RE: PURCHASE OF LEASED PREMISES
During the term of this Lease and any extensions thereof, provided Tenant is not in default under
the terms hereunder, Landlord shall grant to Tenant, as part consideration for this Lease, a right
of first refusal to purchase the Leased Premises. The right of first refusal does not apply to
transactions that occur as a result of a related party transfer as opposed to a bona fide third party
purchaser.
In the event Landlord shall propose to transfer all of its interest in the Leased Premises to any
bona fide third party persons(s) or entity(ies) other than Tenant, whether by sale, assignment or
otherwise, or in the event Landlord receives a bona fide offer from a third party to purchase said
property which Landlord desires to accept, Landlord shall first make a written offer to transfer
the said property to Tenant upon the same terms and conditions as proposed by or offered to
Landlord by the proposed transferee(s). Such offer shall state the name of the proposed
transferee(s) and all terms and conditions of the proposed transfer or offer. Tenant shall have the
right, for a period of thirty (30) days after receipt of such offer from Landlord, to elect in writing
to obtain a transfer of Landlord's interest in the Premises proposed to be transferred, upon the
same terms and conditions of Landlord's proposal or the offer by the proposed transferee(s) to
Landlord.
If Tenant does not elect to exercise its right of first refusal to obtain a transfer as set forth above,
Landlord shall be free to complete the proposed transfer to the person(s) or entity(ies) named in
the proposal or offer to Tenant and upon terms and conditions no less favorable to the
transferee(s) than those stated in such offer. If Landlord does not complete the proposed transfer
to the person(s) or entity(ies) named in the offer to Tenant and upon the terms and conditions
stated in the offer, Tenant's right of first refusal shall continue in full force and effect as long as
the Lease is in effect.
4. SITE REQUIREMENTS & UTILITIES
Landlord agrees that the site shall conform to the following described requirements and Landlord
shall bear all costs and expenses required to insure site meets all the requirements outlined
herein. The leased site shall be level, clean and compacted, suitable for a concrete batch plant
location and heavy truck use. The site shall be furnished with natural gas, electrical power and
with potable water from a well or a pipeline rated at not less than 25 gpm. Utilities, including
water, natural gas and electrical power, will be furnished at Landlord's expense to the point of
location of Tenant's concrete batch plant.
5. USE OF PREMISES
Tenant shall have the right to utilize the Leased Premises for the purpose of operating a concrete
batch facility, office and testing facility, recycling and reclaiming of concrete material, truck
maintenance, dispatch, storage, and any other lawful purpose.
Landlord covenants that the Premises is properly zoned and permitted for the operation of a
concrete batch plant and that the Tenant's intended use of the Premises is lawful and will not be
prohibited in any way.
2
6. PROPERTY TAXES
Landlord shall be responsible for the payment of all real estate taxes and assessments with regard
to the Leased Premises and covenants to pay said taxes and assessments as they become due.
Tenant shall be responsible for all personal property taxes and assessments with regard to
improvements to the Leased Premises including the above described concrete batch plant and
related facilities.
7. SIGNS
Tenant shall have the right to place signs on the Leased Premises provided they comply with
Weld County requirements.
8. ENVIRONMENTAL COVENANTS
Landlord and Tenant agree that, to the best of their knowledge, the Leased Premises are clean
and free of any toxic, hazardous or polluting materials, however, Landlord and Tenant
acknowledge that no environmental assessment has been undertaken to determine if any toxic,
hazardous or polluting materials do exist on the Leased Premises. Tenant agrees to legally use,
store, and/or dispose of any toxic, hazardous or polluting substances brought onto the Leased
Premises during the term of this lease. Tenant agrees to operate any fuel storage tanks in
accordance with all governmental laws, rules and regulations at all times.
9. LEASE CONSTITUTES ENTIRE CONTRACT
Each party to this Lease acknowledges that this Lease constitutes the entire agreement between
the Landlord and the Tenant and cannot be changed or terminated orally, but only by agreement
in writing executed by both parties.
10. SEVERABILITY
If any clause or provision of this lease is illegal, invalid or unenforceable under present or future
laws effective during the term of this lease, then and in that event, it is the intention of the parties
hereto that the remainder of this lease shall not be affected thereby, and it is also the intention of
the parties to this lease that in lieu of each clause or provision of this lease that is illegal, invalid
or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to
such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid
and enforceable.
11. GRAMMATICAL CHANGES AND PARAGRAPH HEADINGS
Whenever the word "Landlord" and "Tenant" are used herein, said wording shall include
"Landlords" and "Tenants" and shall apply to persons, both men and women, companies,
partnerships, and corporations, and in reading this lease, the necessary grammatical changes
required to make the provisions mean and apply as aforesaid shall be made in the same manner
as though written into this lease.
3
The paragraph headings are inserted herein only as a matter of convenience and for reference,
and in no way define, limit or describe the scope or intent of this lease, nor in any way affect this
lease.
12. SUCCESSORS AND ASSIGNS
All terms, conditions, and covenants to be observed and performed by the parties hereto shall be
applicable to and binding upon their respective heirs, administrators, successors, executors and
assigns. This agreement shall constitute an encumbrance to run with the land and shall be
binding on any subsequent purchaser of the said land as a successor in interest of Landlord.
13. CONTROLLING LAW
This Lease shall be governed by and construed in accordance with the laws of the State of
Colorado.
14. RECORDING OF MEMORANDUM OF LEASE
In order to give notice of Tenant's rights under this Lease, Landlord and Tenant agree to execute
a Memorandum of Lease, a copy of which is attached as Exhibit "A" and incorporated herein by
reference. The Memorandum of Lease shall be recorded with the Clerk and Recorder of Weld
County, Colorado.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement the day
and year first above written.
LANDLORD TENANT
Robert L. Baumgartner ROCKY MOUNTAIN READY MIX
CONCRETE,INC.
By
Ronald O. Coburn, Jr., President
Sharon A. Baumgartner
4
EXHIBIT "A"
MEMORANDUM OF LEASE
This Memorandum of Lease is by and between Robert L. Baumgartner and Sharon A. Baumgartner,
hereinafter referred to as "Landlord," and ROCKY MOUNTAIN READY MIX CONCRETE, INC.,
hereinafter referred to as "Tenant." Landlord and Tenant have entered into a Lease Agreement for the
lease of certain Leased Premises ("Lease") dated the day of , 2001, in which Landlord
has leased to Tenant a portion of the followed described real property:
The North 1/2 of the NE 1/2 of the NW '/a of Section 31, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado, Except the East 100 Feet Thereof
Also known as street address: 989 Highway 85,Brighton, CO 80603
This Memorandum of Lease has been executed and delivered by Landlord and Tenant for the purpose of
recording and giving notice that a contractual relationship for lease of certain real property has been
created between Landlord and Tenant and any party acquiring or attempting to acquire an interest in the
real property described above shall take title or an interest in the property subject to the lease.
This Memorandum of Lease is intended to give notice of the existence of the Lease Agreement only; the
full terms and conditions of the transaction are contained in the Lease Agreement, copies of which are in
possession of Landlord and Tenant.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and
year first above written.
LANDLORD TENANT
Robert L.Baumgartner ROCKY MOUNTAIN READY MIX
CONCRETE,INC.
By
Ronald O. Coburn, Jr., President
Sharon A. Baumgartner
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this day of , 2001, by
Robert L. Baumgartner, Sharon A. Baumgartner, and by Ronald O. Coburn, Jr., as President of Rocky
Mountain Ready Mix Concrete, Inc.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
5
EXTENSION AND MODIFICATION OF LEASE AGREEMENT
AND RIGHT OF FIRST REFUSAL TO PURCHASE REAL PROPERTY
This Extension and Modification of Lease Agreement and Right of First Refusal to
Purchase Real Property is made and entered into this 1st day of January, 1999, by and between
SINGLE EAGLE CO., hereinafter "Lessor" and ROCKY MOUNTAIN READY MIX
CONCRETE, INC., hereinafter"Lessee."
WITNESSETH:
WHEREAS, by a lease dated July 20, 1981, and recorded February 11, 1983, in Book
0988, Reception No. 01917286 in the records of the Weld County Clerk and Recorder, Lessee
leased from Norden & Sons Contractors, Inc. and George Norden certain real property in Weld
County, as more particularly described in Exhibit A to the said lease; and
WHEREAS, by an extension and modification agreement dated October 15, 1984, and
recorded October 22, 1984, in Book 1047, Reception No. 01985792 in the records of the Weld
County Clerk and Recorder, Lessee extended its lease of the real property described in Exhibit A
with Fort Lupton State Bank, successor in interest of Norden's interest in said lease; and
WHEREAS, by an extension and modification of lease agreement and option to purchase
real property dated August 31, 1989, and recorded September 13, 1989, in Book 1244,
Reception No. 02191759 in the records of the Weld County Clerk and Recorder, Lessee extended
and modified its lease of the real property described in Exhibit A with Single Eagle Co.,
successor in interest of Fort Lupton State Bank's interest in said lease; and
WHEREAS, the parties hereto desire to extend and modify the term of said covenants
hereinafter set forth, the parties have agreed, on the stated terms and conditions, as follows:
1. Except as modified herein or where otherwise in conflict with this agreement, the
subject lease is incorporated by reference and shall be in full force and effect, binding on the
parties, their heirs, assigns, and other successors in interest.
2. The property to be leased shall be a parcel of land 2.32 acres, more or less, in
dimensions of approximately 225 feet by 450 feet occupying the southern portion of the property
described in Exhibit A. The leased property shall be approximately 225 wide proceeding north
from the southeast and southwest corners of the property described in Exhibit A and shall be
approximately 450 feet long proceeding west from the southeast corner of the property described
in Exhibit A and proceeding east from the southwest corner of the property described in Exhibit
A.
3. The term of the lease, scheduled by the extension and modification agreement
referenced above to terminate September 30, 2001, is agreed to be extended through December
31, 2029, renewable by Lessee annually on or before January 1 of each year.
11111111111111111111111111111111111111111111111IIIIIIII =. EXHIBIT
2671713 02/05/1999 02:30P Weld County CO i I�
1 of 4 R 21.00 D 0.00 JR Suki Tsukamoto
tip *1373
4. Beginning February 1, 1999, monthly consideration for this lease shall be $ 1,600 per
month. Monthly consideration for the lease shall increase on January 1 of a given year with
reference to the following schedule of monthly lease payments:
Calendar 2000 $ 1,800/month
Calendar 2001 $ 2,000/month
Calendar 2002 $ 2,200/month
Calendar 2003 $ 2,400/month
Calendar 2004-2008 $ 2,600/month
Calendar 2009-2013 $ 3,000/month
Calendar 2014-2019 $ 3,400/month
Calendar 2020-2024 $ 3,800/month
Calendar 2025-2029 $ 4,200/month
5. During the term of this Lease and any extensions thereof, Lessee shall have a right of
first refusal for the following property a) for the 2.32 acres, more or less, that Lessee is leasing
and b) for the entire parcel as described in Exhibit A. In the event Lessor shall propose to
transfer its interest in the property to any bona fide third party or in the event Lessor receives a
bona fide offer from a third party to purchase the property which Lessor desires to accept, Lessor
shall first make a written offer to transfer the property to Lessee upon the same terms and
conditions as proposed by or offered to transferee. Lessee shall have the right, for a period of
thirty (30) days after receipt of such offer from Lessor, to elect in writing to obtain a transfer of
Lessor's interest in the property proposed to be transferred, upon the same terms and conditions
of Lessor's proposal or the offer to purchase.
If Lessee does not elect to exercise its right of first refusal, Lessor shall be free to
complete the proposed transfer to the person or entity upon terms and conditions no less
favorable than those stated in the offer to the Lessee. If Lessor does not complete the proposed
transfer and Lessor's interest in the property is not conveyed, Lessee's right of first refusal shall
continue in full force and effect as long as the lease is in effect. If Lessee does complete the
proposed transfer, the new owner shall be bound by all the terms and conditions of this lease as
set forth in Paragraph 6, including a new right of first refusal as set forth here.
6. This agreement shall constitute an encumbrance to run with the land and shall be
binding on any subsequent purchaser of the said land as a successor in interest of Lessor. This
agreement shall be binding upon and enure to the benefit of the heirs, executors, administrators,
representatives, and assigns of Lessor and Lessee.
ROCKY MOUNTAIN READY MIX SINGLE EAGLE CO.
CONCRETE, INC.
BY By / , �
Title oc- v'•P Title
2 HUH 11111 Han liDMEMO III11111 MIIII
2671713 02/05/1999 02:30P Weld County CO
2 of 4 R 21.00 D 0.00 JR Suki Taukamoto
EXHIBIT "A"
LEGAL DESCRIPTION:
The East 100 . 00 feet of the North one-half of the Northeast one-
quarter of the Northwest one-quarter of Section 31 , Township 1
North, Range 66 West of the 6th Principal Meridian, Weld County ,
Colorado , AND that part of the North one-half of the Northwest
one-quarter of the Northeast one-quarter of Section 31 , Township
1 North, Range 66 West of the 6th Principal Meridian , Weld County,
Colorado , lying West of the Westerly R.O.W. line of U. S . Highway
#85 , being more particularly described as : BEGINNING at the
North one-quarter corner of Section 31 ; thence N90`00 ' OO"W on an
assumed bearing along the North line of the Northwest one-quarter
of said Section 31 , a distance of 100 . 00 feet ; thence SOO°36 ' 05"W
parallel to the North-South centerline of said Section 31 , an
assumed distance of 660 . 56 feet to the South line of the North
one-half of the Northeast one-quarter of the Northwest one-quarter ;
thence S90°00 ' 00"E parallel to the North line of said Northwest
one-quarter a distance of 100 . 00 feet to a point on said North-
South centerline of Section 31 said point being the Southeast
corner of said North one-half of the Northeast one-quarter of the
Northwest one-quarter and being 660 . 56 feet South of the North
one-quarter corner of said Section 31 ; thence continuing S90°00 ' 00"E
parallel to the North line of the Northeast one-quarter a distance
of 349 . 90 feet to a point on the Westerly R.O .W. line of U. S .
Highway #85 ; thence Northerly along said Westerly R.O .W. line as
follows : N01°58 ' 05"E a distance of 5341 . 311 feet ; N12°35 ' 55"W a
distance of 98 . 90 feet ; N01 ° 58 ' 05"7 a distance of 30 . 0 feet . to a
point on the North line of said No:cheese one-quarter ; thence
N90°00 ' 00"W along said North line a __stance of 340 . 78 feet co the
POINT OF BEGINNING.
CONTAINS : 6 . 90 acres more or less .
11111111111111111111 NUMB III 11111 IM LB
2671713 02/05/1999 02:30P Weld County CO
4 of 4 R 21.00 D 0.00 JA Sukl Tsukamoto
•
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
BEFO E, the fore ing strument was acknowledged this 3Rd day of February,
1999 by %dz �� --5A , the er- L/ of Rocky Mountain
Ready Mix Concrete, Inc. on behalf of the co .oration.
Witness my hand and official seal. aRy Ug.\,1
My commission expires: I •; 0 r
J„'d'CEL.
Cl - / 11LX��irrcP�. MILES ! ei) aJ
.... .. , Public
STATE OF COLORADO ) y,tee F CO'-�=
) ss
COUNTY OF ADAMS )
BEFORE ME, the foregoing instrument was acknowledged this day of February,
1999 by i ja ng , the c of Single Eagle Co.
on behalf of the corporation.
Witness my hand and official seal.
My commission expires: I ID '1 10 3
,{SPY Po,
N Public
% h
i L
17/..
`0F..60\
II'"`°I "IIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIII
2671713 02/05/1999 02:30P Weld County CO
3 of 4 R 21.00 D 0.00 JA Suitt Tsukamoto
3
1111111111111111111 IIII 1111111111111111 III 111111111 IIII
417 2931417 03/08/2002 10:04A JA Suki Tsukamoto
1 of 4 R 20.00 0 0.00 Weld County CO
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is entered into this 7`h day of March, 2002,
by and between Gaudalupe L. Chavez and M. Rose Chavez, hereafter referred to as
"Landlords," and Rocky Mountain Ready Mix Concrete, Inc., hereafter referred to as
"Tenant."
WITNESSETH:
WHEREAS, Landlords are the owners of certain real property located in Weld
County and more particularly described in Exhibit A of this Amendment to Lease
Agreement and hereinafter referred to as "Leased Premises."
WHEREAS, I.andlords lease the Leased Premises to Tenant by virtue of a lease
and its modifications and extensions duly recorded with the Weld County Clerk and
Recorders Office to which Landlord is bound as a subsequent purchaser of said real
property.
WHEREAS, Tenant is proposing to lease property adjacent to and directly west of
said Leased Premises, which property is more particularly described in Exhibit B of this
Amendment to Lease Agreement, and is hereinafter called "Proposed Leased Premises."
WHEREAS, Tenant plans to establish a ready mix concrete plant on the Proposed
Leased Premises and will require access to said Proposed Leased Premises.
NOW THEREFORE, it is expressly agreed and understood that the Tenant shall
have a non-exclusive perpetual easement for ingress and egress across the Leased
Premises for access to the Proposed Leased Premises.
Dated this 94* day of March, 2002.
LANDLORDS TENANT
Rocky Mountain Ready Mix
• --e-e&e/6-L Concrete, Inc.
Gaudalupe L. Chavez
Ronald O. Coburn, Jr.
President
ivl. Rose Chavez ,>
g EXHIBIT
ld
LSE i3n3
Mill 11111 1111 IIII 11111111111111 11111 IIII IIII
2931417 03/08/2002 10:04A JA Suki Tsukamoto
2 of 4 R 20.00 D 0.00 Weld County CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
BEFORE ME, the foregoing instrument was acknowledged this 9 dayof
March, 2002 by Gaudalupe L. Chavez and M. Rose Chavez.
Witness my hand and official seal.
My commission expires: c DP, _u PS�4
•
',S°►��,D yr•• .
otary Public :'pf
yea"?....... .Q �
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
BEFORE ME, the foregoing instrument was acknowledged this 6, day of
March, 2002 by Ronald O. Coburn, Jr., the President of Rocky Mountain Ready Mix
Concrete, Inc. on behalf of the corporation.
Witness my hand and of
My commission ex eta' ••.E'.q 3 .
I INNE
— '%, OC
L.� • • 'a
Notary Pu.1411iE:........ "%
CF c0\_
Yp Caanission Expires Dec.2.2003
•
MUM 111111 KO 11111
2931417 03/08/2002 10:04A JA Suki Tsukam oto
3 of 4 R 20.00 0 0.00 Weld County CO
E:CiI3IT "A"
LEGAL DESCRIPTION:
The East 100 . 00 feet of the North one-half of the Northeast one-
quarter of the Northwest one-quarter of Section 31 , Township 1
North, Range 66 West of the 6th Principal Meridian, Weld County ,
Colorado , AND that part of the North one-half of the Northwest
one-quarter of the Northeast one-quarter of Section 31 , Township
1 North, Range 66 West of the 6th Principal Meridian , Weld County,
Colorado , lying West of the Westerly R.O.W. line of G. S . Highway
#85 , being more particularly described as : SEG_N:v_NG at the
r--- Tr
„North one-quarter corner of Section 31 ; N9 -,< '
assumed bearing along the North line tence i_ st oC r on an
of said Section 31 , °f the feet ; thence one-cuarter
a distance of 100 . 00 thence SGO°36 ' O5"W
parallel to the North-South centerline of said Section 31 , an
assumed distance of 660 . 56 feet to the South line of theNorth
one-half of the Northeast one-quarter of the Northwest one-quarter ;
thence S90'00 ' 00"E parallel to the
one-quarter North line of said Northwest q r a distance of 100 . 00 feet to a point said North-
South centerline of Sectiongon e
31 said point being the Southeast
corner of said North one-half of the Northeast one-quarter of the
Northwest one-quarter and being 660 . 56 feet South of the North
one-quarter corner of said Section 31 ; thence continuing S
par'11 'j -?-: North 9O°OO ' OO E
lime of the Northeast one-quarter a
of 349 . 90 feet to a point on the Westerly L. d-stance
3 ,
Highway #85 ; thence Northerly along said Westerly R.O .W. Line as
follows : NO1°58 O5 n a distance of 53a . 34 feet ; 1112°35 ' 55"'h' a
distance of 98 . 90 fee- ; � c
point on NO1 �8 ' C5"-- a distance of 30 . 0 the North Line of said Northeast one-Quarter;— feet . to a
N9O °OO ' OO"W along said Northline a distance f e_ ; thence
o� 340 . 78 feet to the
POINT OF BEGINNING .
CONTAINS : 6 . 90 acres more or less .
11111111111 111111 I I III 11111 III HIM
IIi
2931417 03/08/2002 10:04A JA Suki Tsukamoto
4 of 4 R 20.00 D 0.00 Weld County CO
EXHIBIT "B"
LEGAL DESCRIPTION:
THAT PART OF THE NORTH ONE-HALF NORTHEAST ONE-QUARTER NORTHWEST
ONE-QUARTER SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDI.AN, WELD COUNTY, COLORADO DESCRIBED AS: BEGINNING
AT THE SOUTHEAST CORNER SAID NORTH ONE-HALF NORTHEAST ONE-QUARTER
NORTHWEST ONE-QUARTER; THENCE WEST ALONG THE SOUTH LLNE SAID
NORTH ONE-HALF NORTHEAST ONE-QUARTER NORTHWEST ONE-QUARTER A
DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING WEST ALONG SAID SOUTH LINE A DISTANCE OF 540 FEET;
THENCE NORTH PARALLEL WITH THE EAST LINE NORTH ONE-HALF NORTHEAST
ONE-QUARTER NORTHWEST ONE-QUARTER SAID SECTION 31 A DISTANCE OF 280
FEET;
THENCE EAST PARALLEL WITH THE SOUTH LINE SAID NORTH ONE-HALF
NORTHEAST ONE-QUARTER NORTHWEST ONE-QUARTER A DISTANCE OF 540
FEET TO A POLN'T 100.00 FEET WEST OF THE EAST LINE SAID NORTH ONE-HALF
NORTHEAST ONE-QU?ARI._R NORTHWEST ONE-QUARTER;
THENCE SOUTH PARALLEL WITH SAID EAST LINE A DISTANCE OF 280 FEET TO
THE TRUE POINT OF BEGINNTNG.
Contains 3.471 Acres more or less.
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4 EXHIBIT
a
Ut/37 3
JUN-04-2002 TUE 04:25 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02
ROCKY MOUNTAIN READY MIX CONCRETE, INC.
5700 LOGAN STREET• DENVER,CO 80216-1324
OM= (303)2964853 • FAX(303)296.9633
North Plant:659-2467 Central Plant:657-2969 South Plant:791.7676
May 29, 2002
Mr. Chris Gathman
Weld County Planning Commission
RE: Case Number USR-1373
Mr. Gathman,
This letter is in regard to the Weld County Planning Commissions approval of Case
Number USR-1373. Outlined below is the information requested by the Planning
Commission as conditional for approval. The condition responses are numbered as
outlined by the Department of Planning Services.
1. The Development Standards for the Use by Special Review Permit(items 1-26)
will be placed on the final plat.Please see attached final paper drawings.
2. Items designated as A,B,C and D were all submitted to the Department of
Planning Services on April 19,2002.
3. A. 1)The final paper drawing submitted to the Department of Planning Services
shows reception number 2761490(dated April 13,2000) which identifies the
easement decd across the Chavez property. Please see attached final paper
drawing.
2)The executed lease shall be provided to the Department of Planning
Services after approval of USR-1373 by the Weld County Commissioners.
3)This is a mad easement which was submitted to the Weld County Clerk and
Recorder on May 20,200Z Reception number 2953123 (dated May 21, 2002)is
on the final paper drawing.
4)The following is a written outline of RMRM's landscaping plan for the new
plant site. This information will be attached to the site plan, which will be
recorded on the final Mylar.
The north boundary will have a curbed median with seven 2"caliper ash trees
which will be drip irrigated.This border faces Baumgartner Trucking. The east
boundary which will face RMRM's existing maintenance facility slopes from that
property to the new site with an elevation drop of approximately eight feet below
the grade of Highway 85 which lies 527 feet to the east. As this slope is fairly
steep,mowing and watering is not practical.This area will be bordered with land-
scaping timbers and covered with 2"rock. The south boundary faces the Crabb
property which is being aggregate mined by Cat Construction.The border will be
= EXHIBIT
SERVING METRO DENVER WITH SPECIFICATION CONCRETE
use #/373
JUN-04-2002 TUE 04:25 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03
bermed-up approximately:2-4 feet and then will be fenced six feet high and screened
as required by their mining permit.The west boundary is already naturally land-
scaped with trees of varying species ranging from 15-20 feet in height. The area
directly across the Platte River is lined with mature 40-50 foot cottonwood trees.
5)The location of the well will be at the southwest corner of the batch
plant facility as shown on the final plat, Please see attached paper drawing.
6)The location of the non-exclusive perpetual easement from Chavez to
Rocky Mountain Ready Mix is shown on the final plat. Reception number
2931417,recorded March 8, 2002.
B.I.Phillip Brewer from the Weld County Department of Public Health&Environment
was contacted regarding a Waste Handling Plan for the new concrete batch plant site.
Mr.Brewer stated there is no specific form to complete but recommended a
statement be drafted saying the waste will be handled in the same manner as done at
the existing batch plant site.The plan shall include the following:
1) The waste material expected to be generated at the new batch plant facility will
be returned(leftover)concrete only.Returned concrete will be hauled off site to
Varra Companies property for recycling.
2) Master Builders concrete admixture material (all of which are non-toxic and non-
hazardous)will be the only chemicals stored at the new facility.These chemicals
arc for use in the production of ready mix concrete which is transported off site.
The approximate quantities are as follows:
MB Micro Air 500 gallons
MB 344N 1,500 gallons
MB Polyheed 997 1,000 gallons
MB NC534 1,000 gallons
3) Waste oil and other maintenance products will be stored at the existing RMRM
maintenance facility and disposed of by Tri-State Oil;Denver—(303)825-0742.
C.An amendment to RMRM's existing permit will be received from the Colorado
Department of Health and Environment upon the completion of the new batch plant
and inspection of the new facilities emissions.The proposed equipment meets or
exceeds all required standards.
D.There will be Ng discharge of any material into State waterways(no permit
necessary),
E.The Dust Abatement Plan shall be conducted by Prestige Landscape of Brighton as per the
guidelines set forth by Weld County Department of Public Works as stated in the
"Site Development Plan"—item No.5.
F.A contiguous vehicle wash out and wash rack facility will be located on the proposed
site as shown on the attached drawings.This facility will be constructed of concrete
JUN-04-2002 TUE 04:26 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 04
which will contain all of the truck discharge water and vehicle rinse off water,
G.The application for a Flood Hazard Development Permit was submitted to the
Department of Planning Services on April 19,2002.
H.The site plan shows the location of the Dv wash out,wash rack and aggregate
storage facility which are located on the proposed site. When the plant receives a
certificate of occupancy,the old wash out facility will be removed. Please see
attached final paper drawings.
I.Proper building permits shall be submitted to the Department of Planning Services
for the truck wash out and aggregate storage facilities.Final approval and/or
certificate of occupancy information will be supplied to the Department of Planning
Services.
J. Outlined below are responses to the comments and concerns of the Greater Brighton
Fire District requirements regarding the plan review(please see attached letter).
1) Comments referenced here have been addressed.
2) There will be no on site fueling at the proposed site. All fueling will be done at
RMRM's existing maintenance facility.
3) An address sign will be posted at the primary front gate off Weld County Road 4
as recommended.
4) The plant and office building will have fire extinguishers as required by the 1997
UFC. All RMRM vehicles have fire extinguishers as per CDOT regulations.
5) A key box shall be installed at an approved location prior to operation.
K.Two(2)paper copies of the Use by Special Review Plat will be submitted upon
Completion of the final paper drawings.
4. The Mylar plat along with other required documentation shall be recorded upon final
review and approval of USR-1373 by the Department of Planning Services.
5. A request to the surveyor for a digital copy of USR-1373 will be made after final
approval of the Mylar.
6. After approval and prior to the start of operation,RMRM will address all required
permits and recommendations of the Weld County Department of Building
Inspection.
7. No activity will commence until the final Mylar is ready to be recorded.
djCen
Ronald O. Coburn Jr.
President—Rocky Mountain Ready Mix Concrete,Inc. May 29,2002
riar lU U2 1U : 42a GBFPD 303-85S-4103 p . 2
•
GREATER BRIGHTON FIRE F 1�
PROTECTION DISTRICT 1 ^
Main
R ht425 S'n,IhC loradotreet80601 E T
i1 or. , rJ glApdadmin(u;uos.net �orecno"
Weld County Department of Planning March 10, 2002
C/o Chris Gathman
1555 North 17' Avenue
Greeley, Colorado 80631
Subject: Rocky Mountain Ready Mix Concrete
The following comments are made to the above noted plan review. The Uniform Fire
Code, 1997 Edition, governs these comments and resulting requirements and other codes
or standards referenced within the Fire Codes, as adopted by the Weld County
Commissioners.
General Comments:
I. Comments 3 and 6 referenced in previous comments made on January 24, 2002, _.
have been addressed. However the following comments were not.
2. Plans for onsite fueling shall be submitted for Fire District approval and shall
comply with Article 52; UFC 1997•
3. Addressing shall be provided at the primary front gate off of WCR 4. Size of
numbers to be 5 inches tall and width of inch on a contrasting backboard.
4. Fire extinguishers shall be placed in buildings and vehicles, per standard 10-1, of
the 1997 UFC.
5. A Knox type key box shall be installed at an approved location; equipped with all
necessary access keys, cards, or codes.
Should there be any questions concerning these requirements, please do not hesitate to
call this office. Thank you.
Respectfully,
Michael Dittman
Fire Prevention Office
Phone#303-659-410 I nix 1 303-6594103
e _ _
MEMORANDUM
TO: Board of County Commissioners 6/4/02
COLORADO FROM: Chris Gathman, Planner e ,
SUBJECT: Additions/Revisions to USR-1373 (Rocky Mountain Ready
Mix Concrete) Resolution
Department of Planning Services staff recommends the following revisions to the USR-1373
resolution:
The following Conditions should be deleted:
1) Conditions 2.A1, 2.A3, and Conditions 2.A4 - 2.A6 can be removed. (Pages 3-4)
2) Conditions 2.G, 2.H and 2.J can be removed. (Page 5)
The following condition should be added:
1) Add the following condition (Page 5 - renumber as item 2.G): "The applicant shall
submit a Site Plan Review application for the leased property east of and adjacent
to the proposed Special Review Permit property for the continued use of this
property for parking of concrete trucks and storage of the existing batch plant
facility."
4 EXHIBIT
SERVICE,TEAMWORK,INTEGRITY,QUALITY
USt #1373
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